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HomeMy WebLinkAboutFile 7 of 9 - Bolsa Chica Annexation Proposal - Proposed Ame 5 , REQUEST FOR CITY COUNCIL ACTION All Date May 2, 1988 Submitted to: HONORABLE MAYOR AND CITY COUNCIL Submitted b Y: PAUL COOK, City Administrator � A Prepared by. DAMES W. PALIN, Deputy City Administrator Subject: REQUEST FOR PROPOSALS FROM ECONOM CON$UCT'f-NTS TO­� REVIEW FINANCIAL IMPLICATIONS OF THE BOLSA BAY HARBOR AND CONSERVATION DISTRICT Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: A number of different financial analysis and reports have been submitted to the city outlining the financial viability of the Bolsa Bay Harbor and Conservation District. Staff is therefore requesting permission to solicit proposals (RFP) from economic experts to review and comment on the accuracy of these reports. RECOMMENDATION: Authorize the staff to solicit proposals from a number of economic consultants to review financial implications of the Bolsa Bay Harbor and Conservation District. ANALYSIS: Over the past six to eight months, a number of analysis and reports have been submitted to the city to indicate the financial implications of the proposed Bolsa Chica Land Use Plan. City Council, staff and citizens have questioned projected cost/revenue projections of these reports. As the Corp of Engineers is about ready to release its primary report on the numerical model on the ocean entrance, shoreline and sand movement, it is necessary that the city engage a consulting economist to advise the city on the ability of the district to finance all of its responsibilities on infrastructure costs, loan payments and and long term maintenance and operation of the facilities proposed for construction within the Bolsa Chica area under the conditionally certified Land Use Plan. Previously, the City Council had authorized the City Administrator to enter into discussions with Signal on the possibility of reimbursement of the cost for the city to contract with experts to analyze this project. Signal Landmark has expressed reservations on'reimbursement at this time, however, has not ruled out reimbursement in the future. Although this RFP is being made prior to the city taking a position on SB 1517, staff is not anticipating coming back with a recommendation on the selection of a consultant until after the City Council has taken a position on the bill at some given time in the future. PIO 5/85 RCA - Ascon Page 2 FUNDING SOURCE: Funds are not required at this time. ALTERNATIVE ACTIONS: j Not to select an independent economist, but use the information submitted to date in the analysis and reports. JWP:lp I 2883r REQUEST FOR CITY COUNCIL ACTIC) C9 Januar Date Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: James W. Palin, Deputy City Administrator v Richard Barnard, Assistant to t �ity Administrato Subject: The Bolsa Bay Harbor and Conservation Dis r ct - SB 1517 Consistent with Council Policy? K] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Attached herewith are seven (7) proposed amendments which the City Council continued from its January 11, 1987 meeting for additional information and action. Staff is also recommending that the City Council take an action on Section 411 and 412 to eliminate conflict between these sections and the Bolsa Chica Land Use Plan. City Council's recommendation needs to be communicated to Senator Bergeson for her consideration to incorporate them into Senate Bill 1517. RECOMMENDATION: 1. City Council accept and recommend to Senator Bergeson the amendments as contained herein or as modified at the meeting be incorporated into SB 1517. 2. City Council authorize the City Administrator to begin negotiations with Signal on a reimbursement agreement to cover the city's cost on SB 1517 and an annexation/development agreement. ANALYSIS: Staff was informed Wednesday when we met with Kevin Sloat of Senator Bergeson's office that the hearing on the bill had been postponed to some later date. However, as of the typing of this RCA that date has not been established as he was unsure whether February 16, 1988 could be established as a special hearing date as it would be an off Monday meeting. It is hoped that staff will have a hearing date for the City Council on January 19, 1988. Pursuant to the discussion between City Council and staff at the January 11, City Council Meeting, staff has amended the seven amendments continued by City Council for additional information. Staff's position at the present time on the Mello-Roos Powers is that we should attempt to limit the use as previously stated for Section 792, as well as requiring that the liquidation of bonds under this authority be restricted to benefit rather than across to board for all taxable properties within the Bolsa Chica Area. PIO 5/85 -1 RCA 1/19/88 City Special Counsel submitted questions to Senator Bergeson's office on Mello-Roos and it is anticipated that we will have final word from Kevin Sloat Tuesday, prior to your meeting on the ability to limit Mello-Roos powers within the bill. We also discussed the question of operation and maintenance with Fish and Game on the existing restored area and,we were informed Wednesday in our meeting with them that they had no firm estimate to give us on those costs, therefore we are proposing a slight amendment to Section 703 from when City Council reviewed it on January 11 to increase the annual appropriation to $150,000. City staff was also informed by Fish and Game that they were quite adamant that the wetlands phasing provisions remain in the bill and that there be an emergency capital fund established for some catastrophic event that could take place within the wetlands area. Therefore, staff has revised Section 703 to incorporate provisions for this type of fund. Staff was able to meet jointly with Mary Scholinberger of the Senate Natural Resource Committee staff and Paul Thayer from the Assembly Natural Resource Committee staff to discuss a number of issues within the bill and they both agreed that if we could eliminate the conflict between Sections 411 and 412 and the conditional certified Bolsa Chica Land Use Plan, they would encourage these amendments to be incorporated into the bill. Therefore, we have made those amendments and have included them with the package of amendments. Staff and special counsel was also able to spend considerable time with the State Lands Commission staff to discuss and resolve the prose for Section 509 on the proposal on beach erosion and sand supply for the beach areas. This amendment is attached herewith as generally agreed to in Sacramento. In conclusion we would like to encourage the City Council to act on these amendments as printed or with minor changes at your meeting January 19, 1988 as Kevin Sloat has requested that all amendments come to him as early in the section of January 18, 1988 so that the bill can be finally printed incorporating these amendments for distribution and analysis pursuant to our request that this be accomplished two weeks prior to the hearing before the ANRC. FUNDING SOURCE: None ALTERNATIVE ACTION: 1. Not endorse all the amendments as outlined. 2. Amend, at the City Council's desire, any of the amendments proposed herein. 3. After review, direct staff to amend new additional amendments pursuant to City Council discussion. 4. Reject all proposed amendments which may have a delaying effect on the legislation. -2- RCA 1/19/88 ATTACHMENTS: 1. August 17, 1987 version of SB 1517 2. Proposed Amendments JWP:lp 0147R i f i I I {I I I i I -3- S� tKi►w�eK se Mo�or► -b 4 Pere ✓e S. l 9. 1, as ft"Q vaft t *o C� � - C inn o�o� -}+o a ppre v e S• `f' o at . o CA sa b`ecf � a prd� �No fror � pP � f�c _ err by �N — �,�r, e< h� �o � S• �l//j its A !�►�t �'. /.S' rPl ,gat dN . y-0 M04OW IV aWrO- W Al y� ►,�p» �or�►i^e.�jo3 s�`j'<<i )gva�rrp'd�� CA &We - a4wry e d L IV -7--4 J7ryl Ap�lo• S• 7!Z — ea rri ec� tIlo� �O �k ergs-c. C°� /�Ii�►�r�� 7'�»!�► �J eost �( �y c•�jr s Si wi/ sn r��iH�v�lewfat &Arttn1ept �► �''Rr ctnt<Nr on s8 /S/7 Omet , ,o ed 7 p jaru� �v scl e4tale w kf;prvvu ,PwlAt �1� 0 4misky • eckA �p�61� jv WO � v 7.9 CITY STAFF i SEC. 119.7 PROJECT PROPONENT: Project proponent for the purpose of this act shall be a person, firm, corporation, partnership, association, or public agency who proposes to develop or causes to develop real property into residential, commercial or a small craft harbor pursuant to the Bolsa Chica Land Use Plan when certified. As used in this section, develop shall be the placement of a "structure" which includes, but is not limited to, any building, road, bridge, pipe, flume, conduit, siphon, aqueduct (channel), bulkhead retaining wall, telephone line and electrical power transmission and distribution line. C JUSTIFICATION FOR STAFF RECOMMENDATION: The term Project Proponement is used many times throughout the bill with out a clear distinction as to what agency, organization or group is being referred to, therefore staff informed the City Council that we would be developing a definition for the bill. Staff recommends approval. RECOMMENDATION: Approve 11.3 BEHRENS AMENDMENT - 1/8/88 - SIGNAL SEC. 140(g) To accept advances of funds or work-in-kind from any source including, but not limited to, private persons, or entities, and may provide, by resolution, for the use of those funds or work-in-kind for wetlands restoration, for major Public Works and Public Facilities, as defined herein; to enter into agreements by resolution with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced or to reimburse for the cost of the work-in-kind, with or without interest as determined by the Harbor Commission. Except as otherwise specified in this subsection (g), the reimbursement agreement shall comply with the requirements of Section 53314.9 of the Government Code (Mello-Roos Act).- JUSTIFICATION FOR STAFF RECOMMENDATION: City staff would recommend that the City Council accept the amendment. as written, except for the last sentence which makes reference to the Mello-Roos Law. Staff has concerns that the Mello-Roos Law is to broad and could jeopardize future annexation of the unincorporated portion of the Bolsa Chica Plan area into the City of Huntington Beach. We understand that words could be incorporated into the bill which would limit Mello-Roos Law, but have been advised by City Special Counsel that this limitation may not be enforceable because the Mello-Roos Law, as currently drafted, preempts all other Law. Therefore, staff will have a final recommendation on this amendment at the January 19 meeting. RECOMMENDATION: To be made at meeting. l 21.51 BEHRENS AMENDMENT - 1/8/88 - SIGNAL SEC. 400 The district shall be responsible for securing additional funds to implement and carry out the wetlands restoration plan to the extent that federal state, counties, cities and local agencies have not funded, implemented and carried out such plan. Additional funds for implementing and carrying out the wetlands restoration plan shall be secured from assessments, fees or charges on property or activities, including, but not limited to, harbor commercial uses, marina uses, slips, wharfage and on other property and activities within the Bolsa Chica Land Use Plan area boundary. To provide assistance to carry out this function, the district may seek contribution from other governmental agencies, persons or entities and to enter into contracts with federal, state, local agencies and project proponents or others to secure funds for the wetlands restoration plan. OLD SECTION 400,IS NOW SECTION 401 SEC. 401 The district shall enter into an agreement with the State Lands Commission and the Department of Fish and Game, the owners of any lands within the district, any agency or organization managing the wetlands, and the project proponents to take any and all actions agreed upon to implement wetlands restoration, provide secure funding sources for wetlands restoration and maintenance in perpetuity, and to exercise all of its powers set forth in this act to ensure complete restoration of the wetlands by implementing the wetlands restoration plan in compliance with the Bolsa Chica Local Coastal Program, when certified. JUSTIFICATION FOR STAFF RECOMMENDATION: City staff views this amendment as strengthening the district's ability to secure additional funds from multiple sources for the purpose of restoring wetlands. RECOMMENDATION: Approve 2 9.1 BEHRENS AMENDMENT - 1/8/88 - SIGNAL - AS AMENDED BY CITY STAFF: SEC. 409(a) There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86.8 acres of environmentally sensitive habitat areas (ESHAS) created or restored onsite in the Bolsa Chica study area, as required by the Bolsa Chica Land Use Plan dated December 1985, and conditionally certified by the Coastal Commission. All1/� �GYd�1►�(ibbfli�th>tidy/th�lbd�a'fi�i�ib�ls't�(tEUyld��kX���1/�� Development in the wetlands area shall occur in phases with phased resotration preceding phased development 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. �t��/dh(d►�g�ds�t`�6/t�ik/> �Xs�a/ Vf� Y-46411hg�AllAdV iN hOlddtl N lrkkl ddJik)V AW 400ddda116y hY� ¢dal AAY bb/VriF idibh1 (b) In addition to requirements of the certified Bolsa Chica Local Coastal Program, and before any commercial, residential or harbor development in the lowlands is commenced, the district shall have received from project proponements funds for deposit as an up front contribution of $12,000,000 in 1988 dollars adjusted for inflation into the Wetland Restoration Fund (700 b), including funds received pursuant to Section 410. In lieu of a $12,000,000 cash deposit, such lowland development may be commenced upon issuance to the district on behalf of the project proponents by a good and sufficient surety for the sum of $12,000,000, less amount on deposit pursuant to Section 410. The funds on deposit shall be used to pay for a portion of the cost of creation or restoration of the wetlands pursuant to the agreement with the State Lands Commission, Department of Fish and Game, Landowners, Agency or organization managing the wetlands and any project proponent as defined in Section 119.7 of this act. Restoration of wetlands shall proceed in accordance with Sections 411 and 412 of this act. (c) Upon completion of the Wetland Restoration Plan as required under 409 (a) of this act and prior to certification of the plan by the California Coastal Commission the calculations and estimated cost for the implementation of the plan shall be presented to the Department of Fish and Game for approval. SECTION 409 con't Page 2 (d) If the estimated Wetland Restoration cost as approved by the Department of Fish and Game exceeds the $12,000,000 up front contribution provided by project proponents, each residential and commercial unit constructed in the lowlands of the planning area by the original buiilder shall as a condition of being granted development rights exact from each unit as a condition of sale an equal share of a sum equal to the difference between the $12,000,000 up front contribution for wetland restoration and the approved cost estimate by the Department of Fish and Game. (e) The funds deposited in the wetlands restoration fund pursuant to subsection (b) herein, other than amounts deposited pursuant to section 410, shall be subject to reimbursement to the extent paid by any project proponent provided there are sufficient funds on hand to complete the restoration after deduction of the amount to be reimbursed. (f) In the event there are funds remaining after completion of restoration and reimbursement pursuant to subsection (e), the remaining funds shall be placed in the wetlands maintenance and operation fund (700 c). Should there be any further shortfall in the amount needed for complete restoration, the district shall exercise its powers to raise sufficient funds to complete the restoration. JUSTIFICATION FOR STAFF RECOMMENDATION: Staff believes that such language will guarantee an up front committment by project proponements of $12,000,000. The amendment further requires the Department of Fish and Game to approve the wetland restoration plan and associatied cost estimates for implementation of the plan. If the cost as approved by the Department of Fish and Game is in excess of the $12,000,000 contribution, the difference between the $12,000,000 and the cost estimates for restoration shall come from development within the lowland area as units are sold. RECOMMENDATION: Approve 31 CITY STAFF SEC. 411 Prior to any residential, commercial, or small craft harbor development in the wetlands located in the district, a wetland area no less than one and one/half times the size of the wetland area proposed for development shall be restored to a condition of high quality, and a wetland area no less than one and one/half times as large as the wetland area proposed for development shall be created within the district. This condition of development shall remain in effect until such time as sixty three (63) more acres of wetlands have been created than that wetland acreage which will be lost to development. In no case shall the area of the final phase of development ak44 be less in size than one/third of the final wetland restoration area. SEC. 412 Where wetlands acreage above 852 acres, as defined in the December 1985, Bolsa Chica Local Coastal Land Use Plan is to be restored, but land within the designated wetlands restoration areas is unavailable, interim onsite or offsite restoration may be accomplished with a higher priority for on-site restoration. If interim offsite restoration is chosen, it shall be completed only if all of the following exist. (a) Two acres shall be restored for each acre lost. (b) At the earliest feasible opportunity, but in no case later than the final phase of development, the restoration shall be completed onsite. (c) Upon replacement of interim offsite restored wetlands with the required onsite restored wetlands, the interim offsite wetlands shall be permanently maintained and protected. JUSTIFICATION FOR STAFF RECOMMENDATION: There is a need to eliminate the conflict between SB 1517 and certified Bolsa Chica Land Use Plan if these sections 411 and 412 are to remain in the bill, therefore staff is recommending approval. RECOMMENDATION: Approve 32.6 THAYER AMENDMENT (12/87) ANRC SEC. 415. The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. The agreement may provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; and the provision of services by the district to benefit state lands. �a��td/tX�k/d�6�ddt/o5d�la�rlcX fnl�li�ltkfi�h�kl��,�Ifi�Ma/r�brf-l#lddi�'ik>G. BEHRENS AMENDMENT (12/87) SIGNAL SEC. 415. The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. The agreement rikk shall provide for the ongoing maintenance and preservation of the restored wetlands, the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. FOSSUM AMENDMENT (12/87) STATE LANDS SEC. 415 The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to Wik/NWoW /plalrkkU hf �ddp�dr/t/y/tif✓� (if�/> �Ysfali� the property within the respective jurisdictions within Bolsa Chica. The agreement may provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. 32.6 CITY AMENDMENT (12/87) SEC. 415. The State Lands Commission, the Department of Fish and Game or any public agency 6d1bk& JJdfi66 holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement for NI 461rif kAkHAWU ,61Wr/s/HIMIrig,f�AU f41hkHdA6 their respective parcels of property within Bolsa Chica. REVISED CITY ADMENDMENT SEC. 415. The State Lands Commission, the Department of Fish and Game or any public agency 6V 16kMhJJdVib6 holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement for Hlb,#fr/ i6 each of their respective parcels of property within Bolsa Chica. The agreement r/b shall provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. JUSTIFICATION FOR STAFF RECOMMENDATION: After analysis of these suggested amendments to Section 415 from multiple sources, it was decided that the language for paragraph 1, recommended to and acted upon by City Council at the December 7, 1987 meeting, would stand as staff could not concurr with the new term "jurisdiction" in this provision. City special counsel and staff also concurr with a portion of Signal's suggestion to paragraph 2 establishing a mandatory provision "shall" in lieu of permissive "may" for this provision. This problem was also discusse State Lands Commission staff as they concurred that a change was needed to the words "respective jurisdictions" therefore the change was made by revising city's revised amendment. RECOMMENDATION: Approve 39.5 SIGNAL & CITY SEC. 509 (a) If an ocean entrance is authorized and constructed, the district shall be responsible for and shall maintain the ocean entrance and the sand supply to the beaches within the littoral cell from Anaheim Bay to Newport Bay so that the rhkA�i/ Jh V140 beach width and profile, taking into account normal seasonal changes, does not vary from the Xihk range of the beach width and profile existing prior to the construction of the ocean entrance. kf�/tkd►�'ihk�►/I�}f/t►h t`�l�'� / bfrf ri �ibh! Upon creation of the district, the State Lands Commission shall make an initial determination of the range of the beach width and profile taking into account historical shoreline positions which represents normal seasonal changes and prior sand replenishment activities. The State Lands Commission shall monitor the width and profile of the beach on a seasonal basis and report its findings to the City of Huntington Beach, the County of Orange, District, and California Department of Parks and Recreation, the California Coastal Commission and the U.S. Army Corps of Engineers. The District shall then take necessary and appropriate action to insure the beach continues to be maintained consistent with the criteria of the Corps and Coastal permits. (b) The district shall provide funding to the State Lands Commission for such studies and surveys as may be necessary for the determination specified in subparagraph (a)., (c) The district shall provide secure funding for the maintenance of the sand supply to the beaches as specified in paragraph (a) prior to construction of an ocean entrance. (d) In addition, the district, shall participate prorata in the existing or any modified or new federal sand replenishment program and shall be totally responsible for any increase in the costs of the sand replenishment program which is attributable to the ocean entrance. (e) The district shall also be responsible for the cost of maintenance and operation of any sand bypass systems if required to transfer sand from either side of the navigable ocean entrance and any structures necessary to protect the beaches from sand loss. (f) Consistent with the other provisions of this act, to fulfill its responsibilities under this section, the district may seek funding from any source. SECTION 509 Con't Page 2 (g) Nothing in this section shall relieve the project sponsor, developers or any other person from liability for any damages resulting from interference with littoral processes or from their obligations to mitigate any impacts of an ocean entrance on the beaches as set forth in the certified Bolsa Chica Local Coastal Program. (h) Nothing in this section shall relieve any federal, state or local agency of its existing responsibility to participate in any sand replenishment activities. JUSTIFICATION FOR STAFF RECOMMENDATION: This is a city staff and special counsel initiated amendment which establishes the district and project sponors and developers responsibility for insuring an uninterrupted sand supply to the state and city recreational beachs, as well as, establishing a procedure to determine a bench mark on beach conditions prior to construction of the ocean entrance. RECOMMENDATION: Approve 41.2 BEHRENS AMENDMENT (12121187) SIGNAL SEC. 703 By September 15 of each year, the commission shall adopt the final budget, which shall include the preferential funding for wetlands operation and maintenance specified in Section 700 (c) from the general fund. The district shall appropriate annually a minimum of $150,000 for wetlands operation and maintenance fund, any surplus from this fund shall be placed in a capital reserve fund for emergency use until such fund has reached one million dollars after which time the interest accrued may be used each year to off-set the annual appropriation for operation and maintenance activites. Copies of the final budget shall be forwarded to the State Lands Commission, the Department of Fish and Game, the city, and the county. JUSTIFICATION OF STAFF RECOMMENDATION: This amendment is suggested by Signal and the city staff in an attempt to insure that there is preferential funding for the long term wetlands operation and maintenance functions. Staff concurrs with this proposal to establish additional funding mechanisms for the wetlands maintenance, as well as a capital reserve fund, therefore we recommend approval. RECOMMENDATION: Approve 41.6 BEHRENS AMENDMENT - 1/8/88 - SIGNAL SEC. 792 Subject to the provisions of Sections 140(g), 149, 304.5, 754 and 799 and any other provision or limitation of this act, as well as a requirement that the liquidation of the bonds sold pursuant to this provision shall be on a benefit ratio received from the facilities constructed, the district may issue bonds puruuant to Section 53345 et seq. of the Government Code (Mello-Roos Act). Should any provision of this act conflict with any provision of the Mello-Roos Community Facilities District Act of 1982, as amended, the provisions of this act shall prevail. JUSTIFICATION FOR STAFF RECOMMENDATION: City staff believes that if city special counsel can concurr that the limitation imposed by this amendment on the Mello-Roos powers are legally enforceable, the city staff would recommend that the district be allowed to use limited Mello-Roos powers. RECOMMENDATION: Final recommendation to be communicated to the City Council Tuesday evening 1/19/88. SB 1517 AMENDMENTS _CITY COUNCIL MEETING December 7, 1987 2 . 5 Sec. 50 . (J��//THr�/PdXXdz6tri /X2irIeZH/ztt�/� r�X�frd�eT ffr6�tl/fHr�/P�X�ffaC�f,l///////,l tie r//A/R12foli6f/fH�/eltHfXft�f/f�rftt`�52`�/a'� (b) If the State Lands Commission determines that its lands , or a portion thereof should be included within or excluded from the district in writing of that fact and file a legal description of 1fX/XAy1dZ y6tfH/fH /rdXfftr�f those lands at the time of the notice. Upon receipt of that notice and a certified copy of the legal description, the district shall adopt a resolution setting forth the legal description of that land and confirming the fact that the described lands are OZYMIA included within or excluded from the district . Within 10 days thereafter, a certified copy of the resolution shall be filed with the local agency formation commission of the county, at which time incorporation or detachment shall be deemed complete. 9 . 5 Sec . 140 . (a) Carry out and fund implementing action programs to restore, create, enhance, and maintain in perpetuity the wetlands and environmentally sensitive habitat areas within the coastal zone of Orange County, identified by the certified Bolsa Chica Local Coastal program. -1- City Council Mtg . h December 7, 1988 SB 1517 14 . 5 Sec. 146 . No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area, as long as the agreement does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program. 17 . 5 xOtIfr6rif/YOAzx1fY`omlEHr6 dxtoll f/tH,6/fOtmxttr6rl/r6f tOMIJ a MONO YXRI6/tHOZr6Xf 6ZOIA u��n�tziX/elXxftfi`r6t/�Xr6�t:Cr6�I�/tH�/�r6utrxttttYaSri/tzt��,�/Hl6 Y0x6XIAttr6YI;/tyietfi zAgo/tHr6/rl]drIHrKZ/ef/e6RUAIXXA-6xir6tX/t6 HAY`36t6/PSY1/tH�/�d�itHHtrdri/td/�.�/g.�/�Y`/XX/2iYifd/���/dr68`ftQxi2it� tH01/ftf�t/zi¢�¢ltttdri�X/ixtr6�H�fH/tr6/��Y�f�/�ri/tHr6/�riX�frr6rd s6d�f[t�S�t f6pi,! THE/r6d�YttHHir6rl/tH2iXX/rdr6t�fXttitrlg/tHr6/t�tui/s6f r6fft��/df/�z(r6H/r6f/tH�/ri�z6/�a5tz�itHttdrir6ft/H�/z(�ps�i'xitr6¢l,� l6�It/tri/rir6/r6�fr6xtt/HH�XX/tH2(t/t�Y`ixS/d��t�JriHt�eI/l6�/tH� �d�tit�Htr6�i/}br6/faSx`/tttr6�`�/tHa3ri/fd�[�'/��z(fg.1//THE/tr6ft�i�/df �6fft�r6/tH�tH/r6fr6�t�eI/HHz4XX/H�/dr6tr6fnStrir6d/tri/�/tti�xirfr6f/gd Hg/tr6/}�r6r6�/pit/rir6zt�`X�/�r��t�X/zft/���H/��fl6H���fr6rit/�J�rir6�`2IX eltHt�`�r6t/r6Xr6�ttr6ri,l//Td�Sr6ri/tHr6/r6��tfzftt�6ri/r6f/tHd��/t�fdig �Sr6/eTr6H��ri�tr6el/]6�/tHr6/r6r6�t�Htr6ri,�/tH�/�r6gtttrdri/HHziXX/]6� fzxxOd1At/tH�/rif t/�J�ri�fz(X/dt�tftr6t/�X��ttdri/oriel/�Jr6rl�i'6X �itgtftr6t/�Xr6�ttr6rfH/H�Xel/tH�X`r6zift�t/fdf/tH�/�Xr6�tt�ri/df r6ffi'r6r6fH,l Sr6u`,l/ZPIS Sec. 204 . All commissioners shall be electors of the county. . -2- V City Council Mtg . December 7, 1988 SB 1517 18 . 1 Sec. 221 . Between ddrirt�lf /X/2(xlyd/D�Izif�H/ag December 1 and February 28 of each year, the secretary of the district shall inspect the assessable area within the district 18 . 2 At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial , or nonagricultural commercial use, or any combination thereof , that fact shall be certified to the commission by the secretary if the district . Upon receipt of verification from the registrar of voters pursuant to Section 228 . 18 . 3 Sec. 231 . oxz6 zAq PMr�/�Sfr�pSdf2(fYdri/dP/f14�/g�r�f�Pztf�l"�/s�r�fPYPt�z�fr�.�/PK� itOMMIX916rl After the preparation of the certificate, the district shall hold a meeting and shall adopt a resolution declaring that all future elections in the district shall be conducted as a resident voter district 18 . 4 rather than a landowner voter election. If at all possible, the meeting shall be held in time to allow residents to qualify as resident voters in the next district election. 21 . 5 Sr�r�!/aX�!/]�P `ref/fYfr�/fr(Xr��/z4rid/f��JrfX2(ft r6rig/H2i�6�/hr���f zfrdd�f�d/�4rlei/zif�/tr1/�PP��P/f�6f/S➢J/dd��/aSf/c�df�,�/z4rl� 16fdXdPYs6ri/PHr�fr�dP/ta`/d/�xit�rdr�tti��irirdf,l Chapter 4 . Wetlands Conservation and State Lands -3- City Council Mtg . December 7, 1988 SB 1517 21 . 6 Sec. 400 . The district shall enter into an agreement with the State Lands Commission and the Department of Fish and Game, the owners of any lands within the district, any agency or organization managing the wetlands, and the project proponents to take any and all actions agreed upon to implement wetlands restoration, provide secure funding sources for wetlands restoration and maintenance in perpetuity, and to exercise all of its powers set forth in this act to ensure complete restoration of the wetlands by implementing the wetlands restoration plan in compliance with the e0ItYZ Od Bolsa Chica Local Coastal Program, when certified. 42 (2) That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be issued does not exceed 1 percent of the assessed value of the lands within the district, based upon the county' s latest equalized assessment rolls . 43 (3) That the proceeds of the bonds shall Yfi6Y 44 only be used to zl�s �ftfr�/rdY/r�r6riHHf�fr�H/y6dfK /df f2(�tXtHt�g/HH�H/ririe3r��/�J�n�f2(X/r�d�triH�/df/r�tH�/s��(te��Xtxl�g 2irld/Ht2frirdz(z`r�H/z�zr�/z(/fr���rdri�ftJ�tXtH�/df/HH�/X24rird�6y6ri�Y`�/rbz` el��i�Xr6�r�f�.�/zfH/�Sfd�ft¢I�e�/PeSz`/tri/fH�/d��6r�Xs6�u��riH/zf�J�`��di�rtf.l acquire or construct public works or public facilities that may be defined by applicable county or city guidelines or standards or as provided by the development agreement specified in Section 149 . -4- f SB 1517 AMENDMENTS CITY COUNCIL MEETING January 11, 1988 11 . 1 SEC 140(c) M21iCAEAZA Enter into agreements with the state to provide desired services which may include, but are not limited to, the authority to maintain and administer the facilities of a small craft hrbor landward of the Bolsa Chica ocean entrance . 14 . 6 SEC 146 No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area as long as the agreement does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program or this act 18 . 1 SEC 212 The first commission shall classify itself by lot so that two commissioners shall hold office until the last Friday in November 1988, and Y11.fL6rK one commissionert shall hold office until the last Friday in November 1990 . 18 . 51 S��!/Zs�fd l///THE/dtftr� / Sz1 /J�Sr�/elt�6tdr�rd/trir6/aid �H�/di'gfft�f,l -5- City Council Mtg . January 11, 1988 SB 1517 THE/��P�HXt�H��HP/dP/fH�/dt�t�t�Hg/�Hd PHA/H��Hd�fY��/YH�f�dP/�H�XX/H�/��d�/H�/PHA/Hd�fd/df /dP/fH66 �Xt�tbX�/�Hf�fg/�tfHtH/fH�/HHHHd�f���/df/PHA/d��Pff�P/ THE/f��dXHPtdH/df/��f�PtdH/�H�XX/H�/PtX�d/�PfH/PHA/Hd�fd dP/HH��f�P�dfH/�P/X���P/XSg/d��g/H�Pdf�/fH�/H��P ��H�f�X/dt�ffP�P/�X�ffYdH!//Nd/��PtPtdH/�H�XX/H�/PtX�d dt�fft�P/�X��ffdH/ ��H�f�X/dt�Pft�f/�d��tiXdn�/PHA/Hd�fd/df/�H��f�f�dff HH�XX/d�HY�H�P�/fH�/dt�t�idHg/Pfd�/�Ht�H/��uSnStf�PdH�f� gHHXX/H�/�X�fY�d///THE/nH�H�f/d��t�H�P�d/�H�XX/����X/PHA �f/PHA/H��f/�H����dYH�/��H�f�XldtfPft�P/�X��ftdH�/fH� �d�dY��tdH�fH/gH�XX/H�/�X��P�d/Pfd�/PHA/f���tHtH� dX�Y�tdHL 21 . 0 Sec 304 . 5 No bonds, assessments, or obligations which constitute liens, charges, or encumbrances on real property within the district may be incurred or imposed by the district, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. ZH/PH6/j6O&W PHA/HHfbdf/�d�S�it��idH/Y�/�HXHf��d/�HfHHHHP/PH/S��PZdH ZH��/Pad/ HbXY�/ �fg/HHHXX/HPPYfPZ��X /�dP�/Pdf ���H/Pt����YHX/bd�dg�/H�g�gH�HPg�/�f/dbXX��PtdHgf -6- City Council Mtg. January 11, 1988 SB 1517 22 . 5 SEC 405 The State Lands Commission holds title to in excess of 300 acres of public trust lands within the Bolsa Chica area which are operated and maintained by the Department of Fish and Game as an Ecological Reserve. Notwithstanding any other provision of this act, the State Lands Commission shallhave the right of first refusal to accept title to all lands not already owned by the State designated in the Bolsa Chica Land Use Plan for wetlands . If the State Lands Commission does not accept these lands, they may be conveyed to an agency or organization as provided in the Land Use Plan. 32 . 51 SEC 415 . The State Lands Commission, the Department of Fish and Game, or any public agency df df���t�KttdK holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement d��fK/fX�KtK / �/tK� relating to their respective parcels of property within Bolsa Chica. 36 . 6 SEC 500 . If an ocean entrance and harbor facilities are approved in accrodance with applicable laws, the district may �Kf/t�td/� ����� �/��/ d�tf��KK/Kd develop, construct, operate and maintain all , or any portion of these facilities, OtKK/AKY provided agreements are entered into by the district regarding such activities, with appropriate federal, df state AgL6ndy; or local agencies, the county, city, district , or any combination thereof -7- i , City Council Mtg . January 11, 1988 SB 1517 YHdg�/d HH/�Hff�H��/end/H�fH�f/Y2(eMYtj6;K. Nothing in this chapter requires any of the above governmental entities to enter into agreements or contracts with the district even if the governmental entities acknowledge and agree that the operation of the small craft harbor will involve the district and private parties and that the activities of all involved parties shall be coordinated . 36 . 7 SEC 500. 1 The public shall not be charged for or restricted from use of any navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of wetlands and environmentally sensitive habitat. Only vessels owned or operated by public entities may use navigable waters restricted pursuant to this Section. 41. 1 Sec. 701. On or before June 15 of each year, the commission shall adopt a preliminary budget which shall conform to the accounting procedures for special districts of the California Administrative Code . Copies' of the preliminary budget shall be forwarded to the State Lands Cdtti�it��1dH/�Hd✓fH�/B���ff���f/df/FtHH/��d/����/b�/d�X�/X Commission, the Department of Fish and Game, or any public agency holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400 by July 1 of each year for their review consistent with the budget responsibilities set forth in Section 416 . The agencies -8- City Council Mtg . January 11, 1988 SB 1517 shall have 30 days in which to review the preliminary budget and to provide comments to the harbor commission on the adequacy and sufficiency of the budget for contribution to the funds identified in subdivisions (b) and (c) of Section 700 . -9- SB 1517 AMENDMENTS CITY COUNCIL MEETING January 11, 1988 2 . 5 SEC 50 (b) If the State Lands Commission determines that its lands or a portion thereof should be included within or OkXidddd excluded from the district, the State Lands Commission shall notify the district in writing of that fact and file a legal description of those lands at the time of the notice. 7 . 1 SEC 108 .3 "ESHA" means environmentally sensitive habitat area as defined in section 30107. 5 of the Public Resource Code. 7 . 8 SEC 115 . 5 "Land Use Plan Study Area" means those lands contained within the Bolsa Chica Study Area Boundary Line as shown in Exhibit 8 of the 1985 Bolsa Chica Local Coastal Program Land Use Plan. The Land Use Plan Study Area includes both the Bolsa Chica Segment Area as well as certain lands within the corporate boundaries of the City of Huntington Beach for planning purposes . 9 . 51 SEC 140(a) Carry out and fund implementing action programsr6/fd� dfd�/�frdz4frd�/�rSHzf�Idrd/driv3/yri�X�IzfXrl including assessments on lands and fees and charges on activities, receiving grants from other parties including private persons, entities, public benefit corporations, and public agencies for the purpose of restoring, creating, enhancing and maintaining in perpetuity, the wetlands and environmentally sensitive habitat areas -10- City Council Mtg . January 11, 1988 SB 1517 18 . 11 SEC. 221 Between 16690AM16i6f November 1 and Fj6HfHAfy ZS January 31 of each year, the secretary of the district shall inspect the assessable area within the district . At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial, or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary of the district///IJL6dH , upon receipt of verification from the registrar of voters pursuant to Section 228 . Any time after that certification, the resident voters registered to vote within. the district may petition for a change in the voting procedure from a landowner voter district to a resident voter district . 21 . 0 SEC 304 . 5 No bonds , assessments , or obligations which constitute liens, charges, or encumbrances on real property within the district may be incurred or imposed by the district, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. H��Hdf�d�xtt��XdH/��/�HX�f��d/�Hf�H�HH/Fd/S��HXdH/Z��� too/j6HHXZe/RIOMHe�tglxMAXX/APfYf��Ht��X -12- City Council Mtg . January 11, 1988 SB 1517 22 . 51 SEC 405 The State Lands Commission holds title to in excess of 300 acres of public trust lands within the' Bolsa Chica area which are operated and maintained by the Department of Fish and Game as an Ecological Reserve. Notwithstanding any other provision of this act, the State Lands Commission shall have the right of first refusal to accept title to all lands not already owned by the State designated in the Bolsa Chica Land Use Plan for wetlands '. If the State Lands Commission does not accept these lands, they may be conveyed to a public agency as provided in the Land Use Plan. 24 . 5 SEC 406 If the state acquires ownership of additional lands within the district, those lands, at. the option of the state, shall be detached from the district pursuant to subdivision tde (b) of Section 50 . 30 . 5 SEC 410 . The development rights on the mesa are within the district shall be conditioned on the requirement that, as a condition of sale of each residential unit by the ,original builder of that unit, the sum of one thousand eight hundred dollars ($1, 800) per dwelling unit on the mesa area is deposited in the. district ' s wetlands restoration fund created in subdivision (b) of Section 700 . However the initial deposit of one thousand eight hundred dollars ($1, 800) per dwelling unit does not in any way limit the district ' s authority to levy additional 2(x1r�rldlR10KY1XX assessments -13- City Council Mtg . January 11, 1988 SB 15'17 on the mesa area as may be needed to assure adequate funding to accomplish restoration and maintenance of the wetlands, and environmentally sensitive habitat areas, as specified in the Bolsa Chica Land Use Plan. 34 . 51 SEC 416 The Department of Fish and Game, in cooperation with the State Lands Commission, or any public agency holding title to , the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall annually adopt a budget and management program to implement fH�/�b�fX�rleTg/f��f�ff�i�X�Srf/ X�ri,l//Xri/zfelydtfXr6rl . grid/z4H/�r1/aCx�f��f�X/���'f/r6f/fH�/b�fels��f/�rfrd/�i�H��}r6�`r6rif 16f6vjtxm,vdeKExzxo d/16t 60ZxZ b rig/XhAXX/bra/mA do/fr6z`/HHO r6rI�J�6trI�/utz4trif�rl24rir6r6/�riai/�Y`r6��f�6�ftbrl/r6f/�/f�tXX� f�txl�fYr6ritrie�/�ftz4bX�/�6r6fXalrlelH/H24btfz(f/zf�id/�r1�6Yfr6rl�i�rif�XX� g�ribfft�f�/H�btf24f/Hf�zf/��ffHr[z�rif/fr6/fHr6/r6bY`fi'fX�rd/Xt6��X r6r6d�fziX/pfbrf24tti! the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal program, when certified. The parties shall provide, in the agreement described in Section 415 , the means by which funds shall be identified and obtained from local and other sources , including the wetlands conservation fund, to administer fHr6/0r6fXArIeI� f�gfeSX`,ditr6ri/pX,6ri/Sri¢l/fH�/r6ri�r6trf¢J/diz�aCrif�ri�ri�r6/pfr6�JX`,6�ci/g�f dbf/2�bd�6�/Xri/ S�YpjE�tidZtyl the ongoing maintenance and preservation of the wetlands pursuant to the wetlands restoration plan in perpetuity. -14- City Council Mtg . January 11, 1988 SB 1517 36 ..65 SEC 500.1 The public shall not be charged for use of any navigable waters or restricted from the use of such navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of wetlands andfenvironmentally sensitive habitat. Only vessels owned or operated by public entities may use navigable waters restricted pursuant to this section. 40 . 1 SEC 605 Neither the district nor the city may impose a water rate or water fee on the delivery, transmission, or provision of unappropriated nonpotable water used in connection with the implementation of the wetlands restoration plan. Except for flood control purposes , the district shall not restrict, direct, or terminate the flow of nonpotable water required for the restoration and for maintenance of the wetlands . Nonpotable_ water includes, but tt/not limited to fr���aCI�X�/frfrirbf�/24ft�triaJ freshwater runoff from the southern bluffs and the Wintersburg Flood Control Channel and tidal waters . 40 . 1 SEC 700 (c) A wetlands maintenance and operation fund which shall have funding preference over any other expenditures from the general fund that are. not designated to pay fixed obligations . Fixed obligatons shall be limited to long term contracts of a duration exceeding five (5) years and bonded indebtedness for capital facilities, federal cost share repayment, and sand replenishment. -15- City Council Mtg. January 11, 1988 SB 1517 41 .3 SEC 710 The Harbor Commission RIXY shall establish the amount necessary forand transfer money from the general fund for wetlands maintenance and operation before it establishes and transfers money for any purpose other than to pay fixed obligations as set forth in Section 700 (c) . Also, it may establish and transfer money from the general fund to any other funds it deems necessary to carry out this act and allocate revenues to the funds in lieu of allocating them to the general fund . No revenues specifically allocated to the funds described in subdivision (b) , (c) , or (d) of Section 700 may be transferred or allocated to any other fund . 41 . 5 SEC 767 At the end of each fiscal year, the commission shall direct the district ' s finance officer to determine if the proceeds of parking fees and charges were in excess of the costs of normal operations , maintenance, and repairs . If the finance officer determines an excess exists , the commission shall transfer the amount of the excess from the general funds to the wetlands conservation fund to be used thereafter for the purposes and duties of the district 9j6ef1dY .400x pursuant to Sec. 700(c) . -16- City Council Mtg . January 11, 1988 SB 1517 41 . 8 SEC 798 Prior to the completion of the ZA3h6gtY9Jttdxl 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 those proceedings . 42 . 5 SEC. 799 (a) (2) That the amount of the annual assessments for standby charges , existing bond issues , and bonds to be issued d 6Lt/rf�5t/r6 r6�6r6rd/X/�6r6Y�r6rlt/eSP/tH�6 z(HH��Hr6¢T/�i�IX�I�/r6P/tH�/X�rid�/�bttH�xi/tHr6/eT z'�tz�i'r6t�/J6�H�rd �f�r6rl/tH�/�dHrit�l'�/XHt��t/r6��[�Xttr6�3/z�tg�H�ixi��it/fr6XX� . complies with. Section 754 . 44 . 1 SEC. 799 (a) (3) That the proceeds of the bonds shall rf6t only be used to z(dv��tf�/r6f/�t6ri�tr'�i�t/z6r6z`K�/�6f . tzf�tXttt��/tHHt/rtrf21r6t/a��rlr6x`�X/r6r6Yfrit�/r6Y`/r6tt�/¢J�ttd�6XYrf�t �rfal/�t�pf¢T2iY`2(¢1H/Hf�/�/f�g�drittJ�tXi't�/df/tH�/X�f�idr6y6r1r6f�/�5r` • d��6�Xd��fg.�/�g/�z`d�6i'dr6rd/f�6f/trf/tHr6/dr6�fr6Xr6��i�xtt Hgf060AM6rlt,l acquire or construct major public works Ot and public facilities YMAYIt AY11606/u'tOt6 t�S�6�YY�r6ziXX�/d�ttrir6¢I/)6�/���Xir6zi)SX�/r6�5�tx1t�/,u�f/dtt� �r1�d�Xtri�g/df/�t�rlydHfelH/uSi`/fig/�SfJfr6t�i�6�i/)a�/tH�/oriel/ -17- ty council Mtg . January 11, 1988 SB 1517 %6idYXIYIi6d1i4IYhZYI as defined by this act or as further defined by the development agreement specified in Section '149 . Major public works or major public facilities are defined as: (i) major arterial street, highway and bridge improvements (i .e. , PCH, Warner Avenue, Bolsa Chica-Garfield Connector, Mesa Connector) ; (ii) main line water collection, distribution and storage facilities (i .e. , off-site water wells, on-site storage facilities and on- and off-site backbone distribution system) ; (iii) main line sewer collection, treatment and disposal facilities (i .e. , Bolsa-Garfield Connector, coastal trunk sewer line, slater pump improvements) ; (iv) major storm drainage and flood control facilities (i .e. , Wintersberg Flood Control Channel, wetlands protection, Huntington-Seacliff runoff, Huntington mesa runoff, Bolsa mesa runoff) ; (v) wetlands and ESHA restoration. (vi) regional public park and recreation facilities (i .e. , linear regional park, Huntington Central Park, regional bicycle and equestrian trail system) ; (vii) public small craft harbor and navigable ocean entrance facilities; (viii) beach erosion, ' and operation of sand by-pass; (ix) police, fire, and library facilities. -18- ` SB 1517 AMENDMENTS CITY COUNCIL MEETING January 19 , 1988 7 . 9 SEC. 119.7 PROJECT PROPONENT: Project proponent for the purpose of this act shall be a person, firm, corporation, partnership, association, or public agency who proposes to develop or causes to develop real property into residential, .commercial or a small craft harbor pursuant to the Bolsa Chica Local Coastal Program when certified. 11 . 3 SEC. 140(g) To accept advances of funds or work-in-kind from any source including, but not limited to, private persons, or entities, and may provide, by resolution, for the use of those funds or work-in-kind for wetlands restoration, for major Public Works and Public Facilities, as defined herein; to enter into agreements by resolution with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced or to reimburse for the cost of the work-in--kind, with or without interest as determined by the Harbor Commission. Except as otherwise specified in ,this subsection (g) , the reimbursement agreement shall comply with the requirements of Section 53314 .9 of the Government Code (Mello-Roos Act) . 21 . 61 SEC. 400 The district shall be responsible for securing funds to implement and carry out the wetlands restoration plan. -19- City Council Mtg . January 19 , 1988 SB 1517 Additional funds for implementing and carrying out the wetlands restoration plan shall be secured from assessments, fees or charges on property or activities, including, but not limited to, harbor commercial uses, marina uses, slips, wharfage and on other property and activities within the Bolsa Chica Land Use Plan as defined in Section 115. To provide assistance to carry out this function, the district may seek contribution from other governmental agencies , persons or entities and to enter into contracts with federal, state, local agencies and project proponents or others to secure funds for the wetlands restoration plan. 29 . 1 SEC. 409(a) There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86 . 8 acres of environmentally sensitive habitat areas (ESHA) created or restored onsite in the Bolsa Chica study area, as required by the Bolsa Chica Land Use Plan. dated December 1985, and conditionally certified by the Coastal Commission. AxZ/d���ad �t/��tH��/tHd/BdXg�/eHt�� Development in the wetlands area shall occur in phases with phased resotration preceding phased development 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 -20- ;City Council Mtg . January 19; 1988 SB 1517 Plan. Xri /�H2(ri��a`/fr6/fHs�/Br6Xg2f/eHY�2f/Hz4ri¢T/Td�r�/PXz4r1/ ft� �Yib�J�s�f/fry/fH�/f��ft�v6/�irf¢T/H��S�d�f�iX/r6f/fH�/�u5al�f2iX ��6tYI�'[YH�tdn/ (b) In addition to requirements of the certified Bolsa Chica Local Coastal Program, and before any commercial, residential or harbor development in the lowlands is commenced, the district shall have received from project proponements funds for deposit as an up front contribution of $12,000, 000 in 1988 dollars adjusted for inflation into the Wetland Restoration Fund (700 b) , including funds received pursuant to Section 410 . In lieu of a $12, 000,000 cash deposit, such lowland development may be commenced upon issuance to the district on behalf of the project proponents by a good and sufficient surety for the sum of $12, 000,000, less amount on deposit pursuant to Section 410. The funds on deposit shall be used to pay for a portion of the cost of creation or restoration of the wetlands pursuant to the agreement with the State Lands Commission, Department of Fish and Game, Landowners, Agency or organization managing the wetlands and any project proponent as defined in Section 119 .7 of this act. Restoration of wetlands shall proceed in accordance with Sections 411 and 412 of this act. (c) Upon completion of the Wetland Restoration Plan as required under 409 (a) of this act and prior to certification of the plan by the California Coastal Commission the calculations and estimated cost for the implementation of the restoration plan shall be presented -21- City Council Mtg . January 19 , 1988 SB 1517 to the Department of Fish and Game for approval. The Department of Fish and Game may adjust their cost estimates from time to time to assure adequate funding is available for total wetland restoration. (d) If the estimated Wetland Restoration cost as approved by the Department of Fish and Game exceeds the $12, 000,000 up front contribution provided by project proponents, each residential and commercial unit constructed in the lowlands of the planning area by the original buiilder shall as a condition of being granted development rights exact from each unit as a condition of sale an equal share of a sum equal to the difference between the $12, 000,000 up front contribution for wetland restoration and the approved cost estimate by the Department of Fish and Game. (e) The funds deposited in the wetlands restoration fund pursuant to subsection (b) herein, other than amounts deposited pursuant to section 410, shall be subject to reimbursement to the extent paid by any project proponent provided there are sufficient funds on hand to complete the restoration after deduction of the amount to be reimbursed. (f) In the event there are funds remaining after completion of restoration and reimbursement pursuant to subsection (e) , the remaining funds shall be placed in the wetlands maintenance and operation fund (700 c) . Should there be any further shortfall in the amount needed for complete restoration, the district shall exercise its powers to raise sufficient funds to complete the restoration. -22- -City Council Mtg . January 19 , 1988 SB 1517 31 SEC. 411 Prior to any residential, commercial, or small craft harbor development in the wetlands Xi6eXte1 tr1/tM91eT19_vz`tieY in the Bolsa Chica Study Area, a wetland area no less than one and one/half times the size of the wetland area proposed for development shall be restored to a condition of high quality, and a wetland area no less than one and one/half times as large as the wetland area proposed for development shall be created within the district . This condition of development shall remain in effect until such time as sixty three (63) more acres of wetlands have been created than that wetland acreage which will be lost to development . In no case shall the area of the final phase of development AY`j2�X be less in size than one/third of the final wetland restoration area . At no time shall there be less than 852 acres of wetlands on site unless agreed to by the City, County, Coastal Conservancy and Department of Fish and Game, in consultation with affected landowners . SEC 412 Where wetlands acreage above 852 acres , as defined in the December 1985, Bolsa Chica Local Coastal Land Use Plan is to be restored, but land within the designated wetlands restoration areas is unavailable, interim onsite or offsite restoration may be accomplished with ,a higher priority for on-site restoration. If interim offsite restoration is chosen, it shall be completed only if all of the following exist . (a) Two acres shall be restored for each acre lost . . (b) At the earliest feasible opportunity, but in no case later than the final phase of development, the restoration shall be completed onsite . -23- v City Council Mtg . January 19 , 1988 SB 1517 (c) Upon replacement of interim offsite restored wetlands with the required onsite restored wetlands, the interim offsite wetlands shall be permanently maintained. and protected. 32 -6 SEC 415 . The State Lands Commission, the Department of Fish and Game or any public agency dt �SfeJ�tlt�� Xdrl holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement for �H�/ daCf/r� Y�i' r�/¢Sf/ r6sbY Yr�X24YYr4RJ/ td/ H�/� X24t�rls / r8 each of their respective parcels of property within Bolsa Chica . The agreement MAY shall provide for, among other things , the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provision of services by the district to. benefit state lands ; and the operation and maintenance of the harbor facility. 39,. 5 SEC. 509 - (a) If an ocean entrance is authorized and i constructed, the district shall be responsible for and shall maintain the ocean entrance and the sand supply to the beaches within the littoral cell from Anaheim Bay to Newport Bay so that the beach width and profile, taking into account normal seasonal changes, does not vary from the XIAO range of the beach width and profile existing prior to the construction of the ocean entrance. AX/ -24- pity Council Mtg . January 19 , 1988 SB 1517 ¢lr�f�fxttri�¢l/b / `M�/Sf� `�/L�rid /e� ciiC��S�r6ri l Upon creation of the district, the State Lands Commission shall determine the range of the beach width and profile which represents normal seasonal change, taking into account historical shoreline positions and prior sand replenishment activities. The State Lands Commission shall monitor the width and profile of the beach on a seasonal basis and report its findings to the city, the county, district, and California Department of Parks and Recreation, the California Coastal Commission and the U.S. Army Corps of Engineers. The district shall then take necessary and appropriate action to insure the beach continues to be maintained consistent with this section. (b) The district shall provide funding to the State Lands Commission for such studies and surveys as may be necessary for the determinations specified in subparagraph (a) _ (c) The district shall provide secure funding for the maintenance of the sand supply to the beaches as specified in paragraph (a) prior to construction of an ocean entrance. (d) In addition, the district, shall participate prorata in the existing or any modified or new federal sand replenishment program and shall be totally. responsible for any increase in the costs of the sand replenishment program which is attributable to the ocean entrance. -25- ,n ty Council Mtg . January 19 , 1988 SB 1517 appropriation for operation and maintenance activites . Copies of the final budget shall .,be forwarded to the State Lands Commission, the Department of Fish and Game, the city, and the county. 41 . 6 SEC 792 Subject to the provisions of Sections 140(g) , 149, 304 . 5, 754 and 799 and any other provision or limitation of this act, as well as a requirement that the liquidation of the bonds sold pursuant to this provision shall be on a benefit ratio received from the facilities constructed, the district may issue bonds pursuant to Section 53345 et seq. of the Government Code (Mello-Roos Act) . Should any provision of this act conflict with any provision of the Mello-Roos Community Facilities District Act of 1982, as amended, the provisions of this act shall prevail. 2533r -27- REQUEST FOR CITY COUNCIL ACTION Date January 8, 1988 Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrator �.�? 4-C-+s0AJ 7 prie-e ov Pre pared b Jim Palin, Deputy City Administrators p y Rich Barnard, Assistant to the City � dpnistrator Subject: PROPOSED AMENDMENTS TO SB 1517 ' Consistent with Council Policy? [K] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: There are 31 proposed amendments to SB 1517 that need to be reviewed and acted upon by the City Council. The Council's recommendation needs to be communicated to Senator Bergeson for her consideration of incorporating them into her SB 1517 Bill. Recommendations: Act upon the thirty-one proposed amendments to SB 1517 and authorize the Mayor to transmit a letter to Senator Bergeson outlining City Council's action regarding the proposed amendments. ' Analysis: The City's staff and Special Counsel has received and reviewed the thirty-one amendments from various sources (eg: state agencies, Signal Landmark, City's Special Counsel, City staff, and Assembly Natural Resources Committee staff) and has developed recommended actions for each of the amendments for Council's consideration. It is important to take action on these amendments so that the City's recommendations can be forwarded to Senator Bergeson for consideration for inclusion in her Bill. Since the hearing before the Assembly Natural Resources Committee is tentatively scheduled for Monday, January 25, 1988, it is important to provide the Senator sufficient time to incorporate the City's proposed amendments in the printed Bill. Any further delay could jeopardize having the City's amendments considered for incorporation into the Bill simply due to the shortness of time. Funding Source: There are no funds required. Alternative Actions: 1. Modify City staff and Special Counsel recommendations pertaining to the thirty-one proposed amendments to SB 1517. 2. Take no action on the proposed amendments. PIO 5/85 Attachments: 1. Copy of SB 1517 dated August 17, 1987 2. Proposed Amendments for Council consideration dated 1/8/88 3. Bolsa Chica Comparative Land Use Statistical Summary revised (7/l/87) 4. Outline of Bolsa Bay Harbor and Conservation District Budget and Funding Provisions for SB 1517 RB:paj AMENDED IN':ASSEMBI:Y AUGUST 17 { AMENDED IN SENATE JZ3NE,.9 ',1987-`- ' t. ,. • AMENDED IN SENATE JUNE•2;' 1987. `. AMENDED IN SENATE MAY--20, 1987 AMENDED IN SENATE MAY 14, 1987 , AMENDED IN: SENATE MAY 11, 1%7 " AMENDED IN SENATE MAY. 4' 1987 „V.., SENATE BILL. No. ..1517 Introduced by Senators Bergeson and Seymour (Coauthors: .Assembly Members Dennis Brown, Ferguson; and Frizzelle) . March 61.1987 y - t 4An act relating to conservation districts, and in this connection, to create the Bolsa Bay Harbor and Conservation "u District; prescribe its boundaries, organizations, operations, management, financing, and other powers and duties. LEGISLATIVE COUNSEL'S DIGEST SB :1517, 'as 'aanended, Bergeson. Bolsa Bay Harbor and Conservation`District. (1)':,E) fisting lacy does not establish a special district for the Bolsa Bay Harbor area. This bill would,-,. enact the Bolsa Bay Harbor and Conservation District Act which would, subject to specified conditions, establish .the Bolsa Bay Harbor and Conservation s; District within a specific area of the unincorporated territory of ®range County, to provide; among other things, for :+ implementation of the certified Bolsa Chica Local Coastal IL Program, as prescribed, and construction of specified harbor 92 40 i SB 1517 — 2 — and related facilities, including water and sewer facilities. Thn bill would specify the powers and duties of the district a provide for the management and financing of the district. The bill would impose a state-mandated local program by requiring the Board of Supervisors of Orange County to conduct a formation election, as prescribed, by requiring specified county and city officers to perform specified duties, and by making violation of specified rules and regulations of the district a misdemeanor. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the . state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 2 CHAPTER 1. INTRODUCTORY PROVISIONS 3 4 Article 1. Legislative Findings and Declarations 5 6 Section 1. This act shall be known and may be cited 7 as the Bolsa Bay Harbor and Conservation District Act. 8 Sec. 2. The Legislature hereby finds and declares that 9 certain coastal wetlands and environmentally sensitive 10 areas along the coastal zone commonly known as "Bolsa 11 Chica" in Orange County are subject to the jurisdictions 12 of many diverse and independent federal, state, and local 13 agencies. Efforts to arrive at a suitable land use plan for 14 the area have been underway for many years. The major 15 portion of the area is unincorporated county area entirely 16 surrounded by the City of Huntington Beach. 17 The County of Orange has adopted the Bolsa Chica 18 Land Use Plan for the unincorporated area which has 19 been conditionally approved by the California Coastal 20 Commission subject to confirmation review to address 92 MI -3 — SB 1517 ' 1 the following general areas of concern: (1) technical 2 studies on the feasibility of an ocean entrance, (2) 3 preparation of a wetlands restoration plan, and (3) 4 preparation of a Huntington Harbour connection r 5 channel plan. 6 The Land Use Plan confirmation review has been f 7 required by the California Coastal Commission as an 8 interim planning step between certification of the Land 9 Use Plan and completion of the certification of the Bolsa ' 10 Chica Local Coastal Program. ' 11 The City of Huntington Beach has adopted, and the ` 12 California Coastal Commission has certified, a Local 13 Coastal Program for areas which surround the Bolsa 14 Chica which includes the ocean entrance area seaward of 15 the Pacific Coast Highway, portions of the linear park 16 area, and the Metropolitan Water District south yard 17 parcel. The city has coastal permit authority over these 18 areas. Both the city and the landowner anticipate that the 19 unincorporated county area will be annexed to the city 20 prior to completion of development as provided for in a 21 development agreement. 22 The Department of Fish and Game, the Coastal 23 Conservancy, the County of Orange, and Signal t 24 Properties, a major landowner in this area, have prepared 25 a Habitat Conservation Plan pursuant to Section 1 / / / 26 30237 of the Public Resources Code. The plan I, 27 encompasses both the county and city areas. 28 The activities associated with final approval and 29 implementation of land use plans encompassing both the 30 city and county areas are complex and 31 multijurisdictional. 32 This act is for the purpose of providing increased 33 management options for and a mechanism for 34 interagency coordination of the processing and 35 implementation of the plans for, Bolsa Chica within the 36 area as may be finally approved by those agencies with i 37 jurisdiction over the lands. 38 Sec. 3. The Legislature further finds that there are ta 39 mineral rights in, and oil and gas operations being 40 conducted on, the Bolsa Chica lands. This act is not 92 80 J SB 1517 -- 4 — I intended to subject these mineral rights or oil and gas 2 operations to any of the assessments, fees, or taxes which wf` 3 may be assessed or levied as a result of this act, except to 4 the extent of any benefit conferred thereon. The 5 relocation, consolidation, wetlands restoration, and the 6 marina, residential, and commercial development 7 pursuant to the certified local coastal program will not be � - 8 a benefit to the mineral rights and oil and gas operations 9 as defined in this act. 10 Sec. 4. The Legislature further finds and declares that 11 no provision of this act is intended to preempt or 12 otherwise interfere with the jurisdiction of the City of 13 Huntington Beach, the State Lands Commission, the 14 California Coastal Commission, the Department of Fish 15 and Game, and the Department of Parks and Recreation. 16 No provision of this act is intended to preempt the California Coastal Act of 1976 (Division 20 (commencing 18 with Section 30000), Public Resources Code) ; er 1e 19 previ&a level of of p—teetien less a y ' 20 pisieo 4 the en 3 Relsa � e 2tl2, a 21 r-e el of the Gale Cep -of 1976, e a� � 22 4Y. e Galif4fliet GeetstalI 4 23 1e the Gea44 A-4 4 � 24 1976. or the provisions of the certified Bolsa Chica Land � 2 Use flan. 26 27 Article 2. Boundary Description 28 29 Sec. 50. (a) The Bolsa Bay Harbor and Conservation 30 District shall consist of those lands in the unincorporated 31 territory of the County of Orange, State of California, 32 being that portion of Section 28, Fractional Section 29 and 33 Section 34 in 'Township 5 South, Range 11 West, as shown i 34 on the map of Rancho La Bolsa Chica recorded in Book 35 51, Page 13 of miscellaneous maps, in the office of the 36 county recorder of the county, together with that portion 37 of Section 34 and Fractional Section 4 in Township 6 38 South, Range 11 West, as shown on the map of Rancho Las 39 Bolsas recorded in Book 51, Pages 13 and 14 of the 40 miscellaneous maps and together with that portion of 92 1 M -5 — SB 1517 1 Fractional Sections 30, 32, and 33 in Township 5 South, aw 2 Range 11 West, San Bernardino Meridian, according to 3 the official plat filed in the District Land Office, all as 4 more particularly shown on the map filed in Book 92, 5 Pages 19 through 28, inclusive, of Records of Surveys, in 6 the office of the county recorder, described as follows- 7 Beginning at a point in the existing boundary line of 8 Orange County Sanitation District No. 11 as established 9 by Annexation No. 15 to Orange County Sanitation 10 District No. 11, that point being the northwesterly 11 terminus of that certain course described as "North 12 34°02'21" 'west 604.70 feet" in that Annexation No. 15, that 13 point being also South 0°10'16" West 30.00 feet and North 14 89°21'40" West 640.00 feet from the intersection of the 15 centerline of Bolsa Chica Street, 60.00 feet in width, with 16 the centerline of Los Patos Avenue, 60.00 feet in width, 17 as vacated by the Resolution of the Board of Supervisors 18 of Orange County, California, recorded July 15, 1943, in 19 Book 1197, Page 424 of Official Records, in the office of 20 the county recorder; thence in a general southeasterly, 21 northeasterly, and easterly direction along the existing 22 boundary line as established by that Annexation No. 15 to 23 an angle point therein, that point being the easterly 24 terminus of that certain course described as "North' < < 25 75°43'04" West 373.65 feet" in that Annexation No. 15; 26 thence southwesterly, westerly, and southerly along the 27 existing boundary line, as established by the annexation 28 to Orange County Sanitation District No. 11 described in 29 the Resolution of the .Board of Supervisors dated 30 November 20, 1957, to an angle point in the formation 31 boundary of Orange County Sanitation District No. 11 as 32 described in the Resolution of the Board of Supervisors of 33 Orange County dated January 6, 1948, that point being 34 also the southwest corner of Section 34; thence southerly 35 and westerly along the existing boundary line as 36 established by that formation boundary to a point on the 37 northeasterly right-of-way line of the Pacific Coast 38 Highway, 90.00 feet in width, as shown on Sheet 7 of that re 39 map filed in Book 92, Pages 19 through 28, inclusive, of 40 Records of Surveys, that point being also in intersection 92 120 i SB 1517 ---6 -- 1 of thai northeasterly right-of-way line with the west line 2 of the northeast quarter of that Fractional Section 4 and 3 an angle point in the boundary line of Annexation No. 12 4 to Orange County Sanitation District No. 11; thence 5 northwesterly along the existing boundary line as 6 established by that Annexation No. 12, being also the 7 northeasterly right-of-way line, to an angle point in the 8 existing boundary line; thence leaving the northeasterly 9 right-of-way line, southwesterly continuing along the 10 existing boundary line as established by that Annexation 11 No. 12 to an angle point therein on the southwesterly 12 right-of-way line of the Pacific Coast Highway, that point 13 being also the southeasterly terminus of the 14 southwesterly and northeasterly lines of Annexation No. 15 17 (Bolsa Chica State Beach) to Orange County 16 Sanitation District No. 11; thence northwesterly along the 17 existing boundary line as established by that Annexation 18 No. 17, being also the northeasterly line and the 19 southwesterly right-of-way line, to the southerly line of 20 Warner Avenue, 60.00 feet in width, as shown on Sheet 2 21 of that map filed in Book 92, Pages 19 through 28, 22 inclusive, of Records of Surveys; thence leaving the 23 southwesterly right-of-way line, northwesterly ' 24 continuing along the northeasterly line and the existing 25 boundary line to an angle point therein on the centerline - 26 of Warner Avenue; thence leaving the existing boundary 27 line, South 89°12'50" East 132.85 feet along that centerline 28 to a point on to existing boundary line, that point being 29 the westerly terminus of that certain course described as 30 "North 89°51'53" east 280.30 feet, more or less," for a 31 portion of the boundary line of Annexation No. 16 32 (Huntington Harbour No. 4) to Orange County 33 Sanitation District No. 11, that point being also the S 34 beginning of a nontangent curve concave southwesterly. t 35 having a radius of 3053.51 feet, that curve being also to 36 northeasterly right-of-way line of the Pacific Coast 37 Highway, a radial line to that point bears North 50°16'05" 38 East; thence leaving that centerline, southeasterly 39.26 39 feet along that curve and that northeasterly right-of-way 40 line, being also the existing boundary line as established 92 1,30 I -7 — SB 1517 e AIM' 1 by that A-"I nnexation No. 16, through a central angle of `d 2 0°44'12" to an angle point therein on the southerly line of 27 3 Warner Avenue; thence easterly continuing along the 4 existing boundary line as established by that Annexation ,e 5 No. 16, being also that southerly line, to the southeast `� 6 corner of that Annexation No. 16, that corner being also E' 7 an angle point in the boundary line of Parcel "D" of V 8 Annexation No. 7 to Orange County Sanitation District y 9 No. 11; thence easterly continuing along the existing j e 10 boundary line as established by that Parcel "D" of n 11 Annexation No. 7, being also the southerly line of Warner 12 Avenue and the southerly line of the vacated Los Patos, `t 13 to the southeast corner of that Parcel "D," that corner ie 14 being also an angle point in the boundary line of 15 Annexation No. 14 to Orange County Sanitation District 16 No. 11; thence easterly continuing along the existing e 17 boundary line, being also the southerly line of vacated eIft 18 Los Patos, to the point of beginning, the above-described fIV parcel of land containing 1520.20 acres, more or less. 2 rilgo, 20 r, } e eeded ire 21 : 11 L_..L: 22 - e* A ffiftp e€ the distr-iet wry is as €e4ews- e F 23 Z - Y 24 � g_ tl 25 (b) If the State Lands Commission determines that its 6 lands or a portion thereof should be included within or a 27 exluded from the district, the State Lands Commission 28 shall notify the district in writing of that fact and file a 29 legal description of its leads wig the distriet those lands S 30 at the time of the notice. a 31 Upon receipt of that notice and a certified copy of the 32 legal description, the district shall'adopt a resolution v 33 setting forth the legal description of that land and t t 34 confirming the fact that the described lands are w� y 35 included within or excluded from the district. 36 Within 10 days thereafter, a certified copy of the t 37 resolution shall be filed with the local agency formation Y S 38 commission of the county, at which time incorporation or 39 detachment shall be deemed complete. i S 1 92 150 P I i SB 1517 —8 — 1 Article 3. Definitions 2 3 Sec. 100. Unless the context otherwise requires, the 4 definitions in this article govern the construction of this 5 act. 6 Sec. 101. The definition of a word applies to any of its 7 variants. 8 Sec. 102. "Board of supervisors" means the Board of (� 9 Supervisors of Orange County. 10 Sec. 103. "City" means the City of Huntington Beach. 11 Sec. 104. "Coastal commission" means the California 12 Coastal Commission established under Section 30300 of 13 the Public Resources Code and designated as the coastal 14 zone planning _and management agency charged with 15 implementing the coastal act. 16 See: "Gafnmissieft s ote $elm Harbor- 17 aftd Ge at eft Distriet 18 Sec. 106. "County" means the County of Orange. 19 Sec. 107. "Department of Fish and Game" means the 20 state agency having authority and responsibility to ; 21 protect and enhance fish and wildlife resources. 22 Sec. 108. "District" means the Bolsa Bay Harbor and 23 Conservation District. 24 Sec. 108.5. "Federal beach nourishment program" 25 means the current federal sand replenishment program 26 to replenish sand between Anaheim Bay and Newport 27 Beach pier. 28 Sec. 109. "Federal cost share" means the contingent 29 authorization of funds, if any, consistent with the Water 30 Resources Development Act of 1986. 31 Sec. 110. "Habitat conservation plan" means a plan 32 which provides for the conservation of the habitat of fish 33 and wildlife resources as described in Section 30237 of the 34 Public Resources Code. { ;` 35 Sec. 110.5. "Harbor commission"means the Bolsa Bay 36 Harbor and Conservation District Commission. 37 Sec. 111. "Harbor facility" means the marina basins, 38 main and secondary navigable waterway systems, the 39 lands underlying the marina basins, main and secondary 40 waterways, and any abutting lands used for 92 170 —9 — SB 1517 1 boater-oriented recreational or commercial activities, 2 including inwater or dry storage of boats, and the parking 1e 3 of vehicles to accommodate the recreational or is 4 commercial activities of the harbor. is 5 Sec. 112. "Holder of title" or "landowner" means the 6 owner of record of the fee title to land, except that, if the )1- 7 owner of record of the fee title hias conveyed the 8 equitable title to the land by way of a'`land sale contract h 9 and the contract or a memorandum thereof is recorded, 10 "holder of title" means the contract vendee thereunder to 11 and not the record owner of the fee title. �f 12 Sec. 112.5. "Huntington Harbour connection" means al 13 a navigable channel between the ocean entrance and h 14 Huntington. Harbour. 15 Sec. 113. "Improvement district" means any area 16 within the district established by the commission 17 pursuant to any of the provisions of this act or other 18 applicable laws for the purpose of providing for and e 0 19 financing the construction, acquisition, reconstruction, 20 maintenance, operation, extension, repair, or d 21 improvement of any work or works of common benefit to 22 the land or inhabitants within an improvement district. 23 Sec. 114. "Land" means the solid material of the n ct 24 earth, whatever may be the ingredients of which it is 25 composed, whether soil, rock, or other substance. It does t 26 not mean improvements thereon or rights and privileges t 27 appertaining to water, minerals, oil, gas, or other 28 hydrocarbon substances underlying the surface thereof. r 29 Sec. 115. "Land use plan" as defined in Section 1 30 30108.5 of the Public Resources Code, applies to that 31 portion of the Bolsa Chica Land Use Plan that lies within 32 the unincorporated county area. The land use plan does 4 33 not include areas within the corporate boundaries of the IL 34 City of Huntington Beach. 35 Sec. 116. "Legal representative" means an official of 36 a corporation owning land, and means a guardian, 37 executor, or administrator of the estate of the holder of 38 title to land who is any of the following: n 39 (a) Appointed under the laws of this state. 40 (b) Entitled to the possession of the estate's land. i j 92 !90 i SR 1517 — 10 — r! 1 (c) Authorized by the appointing court to exercise the 2 particular right, privilege, or immunity which he or she 3 seeks to exercise. 4 Sec. 117. "Local coastal program" as defined in 5 Section 30108.6 of the Public Resources Code, applies to 6 a local government's land use plan zoning ordinances and 7 implementing actions program which, when taken 8 together, satisfy the requirements and implement the 9 provisions and policies of the California Coastal Act of 10 1976 at the local level. 11 Sec. 117.5. "City local coastal program" means the 12 local coastal program for the incorporated area which has 13 received full certification by the coastal commission and 14 pursuant to which, permit authority was returned to the 15 city as of March 14, 1985. 16 Sec. 118. "May" is permissive and "shall" is 17 mandatory. 18 Sec. 118.5. "Mesa area" means the area of land within 19 the district which is at or above the five foot above sea 20 level contour line bordered on the north by Warner 21 Avenue and Los Patos Avenue, on the east by the district 22 boundary, on the south by the Wintersberg Flood Control 23 Channel, and on the west by the Pacific Coast Highway. :24 Sec. 118.7. "Mineral rights" has the same meaning as 25 that term is defined in Section 883.110 of the Civil Code, 26 but excludes surface ownership of parcels of land. 27 Sec. 119. "Navigable ocean entrance" means the 28 system of navigable waterways that provides for access 29 between the Pacific Ocean and the harbor facility and, 30 may include side jetties and an off-shore sheltering 31 breakwater. 32 Sec. 119.5. "Oil and gas operations" means all surface 33 and subsurface operations and activities relating to the 34 development, production, and treatment of oil and gas 35 reserves as permitted by applicable deeds, leases, 36 agreements, laws, and regulations. 37 Sec. 120. "State" means the State of California and 38 includes any and all bureaus, commissions, divisions, 39 departments, boards, agencies, committees, officers, and 40 branches thereof. 92 2(N) 11 — SB 1517 1 Sec. 1,,0 5 "State Lands Commission"means the state e 2 agency holding title to and management authority and e 3 responsibility over the state's sovereign and public trust 4 lands. 5 Sec. 121. "United States" means the government of ° 6 the United States of America and includes all bureaus, 7 commissions, divisions, departments, boards, agencies, 8 committees, offices, and branches thereof. e 9 Sec. 122. "Visitor serving facilities" means the If 10 facilities that fulfill purposes under the California Coastal 11 Act of 1976 of serving the need for public access and 12 recreation within the coastal zone. s 13 Sec. 123. "Landowner voter" means a person who is j 14 a holder of title of assessable property. e 15 Sec. 124. "resident voter" means a person who is a 16 qualified elector and a resident of the district. S 17 Sec. 125. "Wetlands restoration" means an activity to 18 create, restore, preserve, and enhance wetlands, 1 19 especially those which have been destroyed or degraded, a 20 to a high quality, fully functioning level of biological r .. 21 productivity and diversity. t 22 Sec. 126. "Wetlands restoration plan" means a phased :l 23 concept and implementation plan approved by the 24 Department of Fish and Game and the California Coastal t. 25 Commission to create, restore, enhance, preserve, and 26 maintain certain wetlands and environmentally sensitive 27 habitat areas identified in the certified Bolsa Chica Local 28 Coastal Program. 29 30 Article 4. Establishment and Purposes 31 32 Sec. 140. The Bolsa Bay Harbor and Conservation 33 District is hereby established in accordance with this act 34 and is a public corporation created to provide an ' 35 adequate institutional and legal framework to achieve all 36 of the following purposes: 3� (a) Carry out and fund implementing action programs 3�8 to restore, create, enhance, and maintain in perpetuity `39 the wetlands and environmentally sensitive habitat areas 40 within the coastal zone of Orange County, identified by 92 220 SB 1517 -- 12 -- 1 1 the certified Bolsa Chica Local Coastal Program. 2 (b) Administer and raise funds to repay the federa. 3 loan cost share if authorized pursuant to the Water 4 Resources Development Act of 1986, and to maintain in 5 perpetuity such facilities, structures, and appurtenances 6 for any navigable ocean openings and facilities to protect 7 the naval weapons station and waterways constructed 8 with those funds, as may be authorized or appropriated 9 by the federal government, in accordance with 10 applicable state and local rules and. regulations. 11 (c) #Iaintai Enter into agreements with the state to 12 provide desired services which may include, but are not 13 limited to, the authority to maintain and administer the 14 facilities of a small craft harbor landward of the Bolsa 15 Chica ocean entrance. 16 (d) Provide for the financing and construction of 17 water and sewer facilities by the district. 18 (e) Administer and raise funds to construct and 19 maintain appropriate facilities for (1) dredging and land 20 reclamation purposes, (2) drainage and flood control 21 purposes, (3) parks, recreation, and open-space land an 22 facilities, (4) levees and channel edges, and (5) docks an(A 23 appurtenances, and to participate in federal, state, and 24 local beach nourishment programs. 25 (f) Exercise the powers which are expressly granted 26 by this act. t-ig Nothing in this section authorizes the 27 district to exercise any powers on state lands without the 28 prior written approval of the State Lands Commission. 29 Sec. 141. No provision of this act limits the power or 30 authority of the city, county, or any state agency with 31 jurisdiction within the district to regulate land uses 32 within the district. 33 Sec. 142. If the she State Lands Commission 34 determines that its lands, or any portion thereof, should 35 be included in the district, the provisions of this act shall 36 not be construed to conflict with the obligation of the 37 state to carry out its public trust responsibilities on those 38 lands. 39 Sec. 143. (a) If state lands are included in the district, <+ 40 those lands shall not be subject to any taxes, assessments, 92 240 - 13 — SB 1517 Al 1 rates, fees, liens, or charges without its written consent. gal 2 However, any enterprise function conducted on the er 3 lands owned by the state, its assignees, lessees, in 4 permittees, franchisees, or licensees or others shall be es 5 subject to any uniform charges or surcharges as set forth ct 6 in or pursuant to this act. The state or its lands shall not ,d 7 be liable for nonpayment of those fees, assessments, taxes, ,d 8 or charges. th 9 (b) Lands owned by the Metropolitan Water District 10 of Southern California (metropolitan) , which are to 11 included in the district, shall not be subject to any taxes, of 12 assessments, rates, fees, or charges by the district without ie 13 its written consent. If metropolitan requires district sa 14 services, they shall be provided on terms acceptable to 15 the district. However, any enterprise function conducted of 16 on the lands owned by metropolitan, by its assignees, 17 lessees, permittees, franchisees, or licensees or by :d 18 metropolitan alone or with another public or private �d 19 entity, which is not directly related to its authorized AVP 20 purposes, shall be subject to any uniform charges or d 21 surcharges as set forth in or pursuant to this act, provided d 22 that metropolitan or its lands shall not be liable for d 23 nonpayment of the fees, assessments, taxes, or charges d (C24 imposed on enterprise functions. c 25 Sec. 144. If state public trust lands are included within e 26 the district, any revenues collected by the district from e 27 enterprise functions conducted on state lands, not 1. 28 needed to defray normal operating expenses related to r 29 state activities conducted in the district, shall only be 30 allocated or spent for purposes consistent with the public s 31 trust as determined by the State Lands Commission, 32 Sec. 145. One of the purposes of the district is to a 33 facilitate the coordination of the activities, programs, and 34 powers of the various federal, state, and local agencies 35 with the harbor, wetlands, oil and gas operations, 36 residents, and landowners in the project area in order to 37 achieve an orderly, coordinated development that 38 enables restoration and protection of the Bolsa Chica ® 39 wetlands, construction of state and federally funded `. a' 40 harbor facilities if authorized and approved, coordination 92 260 9 SB 1517 — 14 — 1 with the California Coastal Commission in conjunctir 2 with county planning, and coordination of planninb, 3 utilities, and services with the City of Huntington Beach 4 to facilitate annexation to the city der to to e 5 s in the manner provided 6 in the annexation-development agreement required by 7 Section 149. 8 This act shall not impair the state sovereignty over its 9 lands within the project area or impair the state's ability 10 to control, operate, and maintain its lands and resources 11 if included in the district. 12 Sec. 146. No - provision in this act limits the 13 enforceability and applicability of any provision of any 14 agreements entered into between or among a city, 15 county, state, or federal agency and a private person 0 6 affecting the fiolsa Chica area, as long as the agreement 170 7 does not conflict with or preempt any provision of the certified Polsa Chica Local Coastal Program. 19 Sec. 147. If any provision of this act or the application 20 of that provision to any persons or circumstances is held 21 invalid, the remainder of this act, or the application 22 that provision to persons other than those to which it 23 held invalid, shall not be affected. 24 Sec. 148. This act shall not become operative unless • 25 the county local coastal program has been fully certified 26 and the city's certified local coastal program has been 27 amended, if necessary, to conform to the county's 28 certified program. 29 Sec. 149. This act shall not become operative unless 30 en e+ be€er-e ms 4-, 4988; the city, county, and 31 landowner-developer have entered into an 32 annexation-development agreement pursuant to 33 subdivision (b) of Section 65865 of the Government 34 Code. 35 36 Article 5. General Provisions 37 38 Sec. 150. Nothing in this act changes or repeals any 39 other law of this state unless expressly so stated. 40 Sec. 150.5. No provision of this act has the effect of, or 92 270 — 15 — SR 1517 B i I is intended to have the effect of, a lever 4 2 ~'rt' prateetieft less Otat of preempting t 3 any provision of any land use plan certified pursuant to 3 4 the California Coastal Act of 1976 (Division 20 5 (commencing with Section 30000), Public Resources 6 Code), or any zoning ordinances, zoning maps, or 7 implementing actions required by Section 30513 of the 8 Public Resources Code. 9 Sec. 151. The rights, privileges, and immunities ' 10 created or continued in force by this act in favor of any 11 holder of title to land for his or her benefit and on his or 12 her behalf may be exercised by his or her legal 13 representative. 14 Sec. 152. 'Whenever an instrument is by this act f15 required to be acknowledged, each signer shall 16 acknowledge the instrument in the manner provided by 17 law before his or her signature shall be effective. 18 Sec. 153. Except as provided in Section 29142 of the 1 19 Government Code, no supervisor, auditor, clerk, or any 1 20 other officer or employee of the county shall receive any 21 fee for any service required to be performed under this 22 act. 23 Sec. 154. Fees payable to the Treasurer pursuant to c 24 this act shall be those established by the Treasurer 25 pursuant to Section 20018 of the Government Code. 26 Sec. 155. Elections authorized by this act are subject 27 to the Uniform District Election Law (Part 3 28 (commencing with Section 23500) of Division 14 of the 29 Elections Code). 30 Sec. 156. The district is a "district" as defined by 31 Section 56036 of the Government Code. After the 32 establishment of the district, any proposed change of 33 organization or reorganization for which the district is a 34 subject agency shall be initiated, conducted, and 35 completed pursuant to Division 3 (commencing with 36 Section 56000) of 'Title 5 of the Government Code. 37 Sec. 157. It is the intention of the city and 38 landowner/developer that the entire project area be a 39 ultimately annexed into the city. In order to implement 40 the certified Bolsa Chica Local Coastal Program before 8 92 nlr) t S B 1517 ---- 16 -- 1 annexation, the landowners, the city, and the county me 2 enter into agreements, including, but not limited to, the 3 establishment of an urban service area pursuant to 4 Section 56080 of the Government Code, the adoption of 5 prezoning pursuant to Section 65859 of the Government 6 Code, the approval of development agreements pursuant 7 to Article 2.5 (commencing with Section 65864) of 8 Chapter 4 of Division 1 of Title 7 of the Government 9 Code, or the relationship between annexation and 10 tentative maps and vesting tentative maps pursuant to 11 Section 66413 of the Government Code. After 12 annexation, the district shall continue to exercise its 13 powers concerning funding of wetlands restoration, 14 maintenance, and operation; assessments for federal cost 15 share repayment; small craft harbor operations and 16 related activities; sand replenishment; and assessments 17 against property within the district. 18 Sec. 158. Notwithstanding Article 5 (commencing 19 with Section 53090) of Chapter 1 of Part 1 of Division 2 20 of Title 5 of the Government Code, Article 7 21 (commencing with Section 65400) of Chapter 3 c 22 Division 1 of Title 7 of the Government Code, or any 23 other provision of law, the county or city in which a 24 facility, work, or improvement is located shall not permit 25 any facility, work, or capital improvement of the district 26 unless and until the applicable local government finds 27 that the facility, work, or improvement is consistent with 28 the general plan, certified local coastal program, 29 applicable specific plans, zoning ordinance, and 30 subdivision ordinance of the county or city. 31 ` Sec. 159. Any construction, alteration, repair, 32 demolition, or other work done by, or for, the district, 33 including the acquisition of any work by the district, is 34 deemed a "public work" and subject to Part 7 35 (commencing with Section 1720) of Division 2 of the 36 Labor Code, including the requirements of payment of 37 not less than the general prevailing rate of per diem 38 wages pursuant to Section 1771 of the Labor Code. 92 310 --- 17 -- SB 1517 , y 1 CHAPTER 2. INTERNAL ORGANIZATION . e 2 0 3 Article 1. General Provisions ,f 4 1t 5 Sec. 200. The district shall be governed by the Bolsa ,t 6 Bay Harbor and Conservation District Commission. ,f 7 Except as provided by Section 204 and Article 3 ;t WM 8 (commencing with Section 213) , the commission shall be d 9 composed of five members and shall have the 0 10 qualifications and shall be elected as set forth in Article r 11 2 (commencing with Section 210) . s 12 Sec. 201. The terms of office of commissioners elected 13 pursuant to this chapter shall be four years. t 14 Sec. 202. Except as otherwise provided by this d 15 chapter, elections for commissioners shall be called for s 16 and held to coincide with the statewide general election 17 in November of each even-numbered year. 18 Sec. 203. All vacancies in the office of commissioner 19 shall be filled as follows: 7 20 (a) Vacancies for commissioners elected pursuant to f 21 Article 2 (commencing with Section 210) shall be filled r 22 by appointment by the remaining commissioners or, in 1 23 the absence of a majority consensus or of a quorum, by t c 24 the board of supervisors. tW 25 (b) Vacancies for commissioners elected pursuant to 26 Article 5 (commencing with Section 240) shall be filled 1 " 27 pursuant to Section 1780 of the Government Code. Seep -1 2 At any ter �a years b the date e€ 1 29 the e e€ the distfiet; and € time to tie 30 .1.rrK-�r��r� btu fret less tltaft 4-20 days be€ef-e a geef:etl 31 di4� the oft fay; by r-eselatietr, 32 �e tie ftt Of to sere en the 33 eft te7-, 9; aT- 44 aftd y theme 34 to ser-r a �ye � the earg 35 ' i 361 sly a e to -.,°-,:t the tee of a ff4ee of 37� eaeh u the new se appe bttt ne 38 event shad that tea desig stated by the be a W f0f tnefe tl:tftt €ett -years. The terms of epee th-us efeated Aw 40; Ahtg be de f-ffi e- ie a fanner se as to keep as neudy, 92 320 3 y SB 1517 -- 18 -- '� 1� eqtttA as praetiea the der of efters to 2 elee at eaeh subseque general distriet eleetion. 3 open the a of these s se -�e_:�-'�'--� by the igtta 4 eeffiffit9sieft,the pe4t4efs sheR be filled at the next general 15 elegy a d genet distriet held F` 6 fop the eleetierr of effiee� ' 7 See. 205- 8 Sec. 204. All commissioners shall be electors of the county. 10 11 Article 2. Election of the First Commission 12 13 Sec. 210. The district shall be governed by a 14 commission composed of five members, three of whom 15 shall be elected pursuant to this chapter, one shall be the 16 county supervisor representing the supervisorial district 17 in which the district is located, and one shall be a member 18 of the City Council of the City of Huntington Beach. 19 Upeft + the distfiet sheR be goverfied by the 20 Gity Ceefteil of the of 14untifig Beach: 21 Sec. 211. . The first commission shall be elected at ar 22 election conducted by the board of supervisors within 35 23 days following the formation of the district, as follows: 24 (a) Any person qualified to vote in elections 25 conducted pursuant to Article 1 (commencing with 26 Section 210) and this article shall be voters, as defined in 27 Sections 123 and 124. 28 (b) Nominating petitions for the position of 29 commissioner shall be in writing and signed by voters 30 representing at least 10 percent of the assessed value of 31 land as shown by the last equalized assessment roll. 32 (c) No voter shall sign any more nominating petitions 33 than there are offices to be filled. 34 (d) If, on the 15th day prior to the date of the election 35 called by the board of supervisors, only one person has 36 been nominated for each position to be filled at that 37 election, an election shall not be held and the board of 38 supervisors shall appoint those nominated for the position 39 of commissioner. 40 (e) If an election is held, each voter shall have one 92 340 — 19— SB 1517 1 vote for each one dollar ($1) in assessed valuation of land 2 owned by the landowner. 3 (f) A majority of the votes cast shall be required to 4 elect a commissioner. 5 Sec. 212. The first commission shall classify itself by lot�''�r 6 so that two commissioners shall hold office until the last 7 Friday in November 1988, and three commissioners shall le 8 hold office until the last Friday in November 1990. 9 10 Article 3. Elections 11 12 Sec. 213. Each votQr shall have one vote for each 13 dollar's worth of land to which he or she holds title. The a 14 last equalized assessment roll of the county is conclusive n 15 evidence of ownership and of the value of the land so ie 16 owned. however, the commission may determine, by 't 17 resolution, that the equalized assessment roll of the r 18 county shall be corrected to reflect, in the case of 19 transfers of land, those persons who as of the 45th day 20 prior to the election appear as owners on the records of 21 the county. 3 22 Sec. 214. The commission may, by ordinance adopted ' 23 at least 90 days prior to any district election, determine 24 that voters shall thereafter be ascertained pursuant to this s c �5 section. 7 26 In that event, the county clerk shall prepare the voter 1 27 list required by Section 23527.5 of the Elections Code 28 based upon the last equalized assessment roll of the 29 county corrected to reflect, in the case of transfers of c 30 land, those persons who, as of the 45th day prior to the 31 election, appear as owners in the county assessor's 32 records which the assessor will use to prepare the next ' 33 ensuing assessor's roll. Those records shall be conclusive Is 34 evidence of ownership and of the value of land so owned. 0 V 35 Where only a portion of a parcel of land has been 36 transferred, and the assessed value thereof and of the 37 remaining parcel are not separately stated upon the roll, i38 estimated assessed values therefor shall be made by the 39 county assessor and those estimates shall, for the purposes 40 of this section, be considered the value of the land. 92 TA) SB 1517 --20-- 1 If more than one person or entity are shown as t° 2 owners of record of a parcel of land, the county clerk shwa 3 apportion the voting rights between the owners based 4 upon the respective record interests in the land, and for 5 that purpose, the county clerk may consider such 6 information with respect thereto as the county clerk 7 deems correct, proper, and appropriate. 8 Sec. 215. Every voter, or his or her legal 9 representative, may vote at any district-election either in 10 person or by a person duly appointed as his or her proxy. 11 Sec. 216. No appointment of a proxy shall be valid, 12 accepted, or vote allowed thereon at any district election 13 unless it meets all of the following requirements: 14 (a) It is in writing. 15 (b) It is executed by the person or legal representative 16 of the person who, in accordance with Section 213 or 214, 17 is entitled to the votes for which the proxy is given. 18 (c) It is acknowledged or certified in accordance with 19 Section 2015.5, of the Code of Civil Procedure. 20 (d) It specifies the election at which it is to be used. An 21 appointment of a proxy shall be used only at the electi( 22 specified. 23 (e) It shall be on a form as specified by the county 24 clerk as meeting the above requirements. 25 Every appointment of a proxy is revocable 'at the 26 pleasure of the person executing it at any time before the 27 person appointed as proxy has cast a ballot representing 28 the votes for which the appointment was given. 29 Sec. 217. Before a legal representative votes at a 30 district election, the legal representative shall present_to 31 the precinct board a certified copy of his or her authority 32 which shall be kept and filed with the returns of the 33 election. 34 35 Article 4. Alternative Method of Conducting 36 Elections 37 38 Sec. 220. The voting procedure within' the district 39 shall be changed from that of a landowner voter district 40 to that of a resident voting district at the time that the 92 380 -- 21 -- SB 1517 the 1 commission determines by a resolution adopted pursuant sail 2 to this article. ;ed {3�r Sec. 221. Between J�--y-1 aftd Mareh 30.December for 4) 1 and February 28 of each year, the secretary of the ,ch 5 district shall inspect the assessable area within the ,rk 6 district. 7 At that time when at least 50 percent of the assessable ;al 8 area within the district is devoted to and developed for in 9 residential, industrial, or nonagricultural commercial use, Ky. .,AO or any combination thereof, that fact shall be certified to �21 the commission by the secretary of the district. Upon .on, receipt of verification - from the registrar of voters 1 pursuant to Section 228. 4 Any time after that certification, the resident voters ve 15 registered to vote within the district may petition for a 14, 16 change in the voting procedure from a landowner voter 17 district to a resident voter district. ith 18 Sec. 222. The petition shall be signed by not less than 19 25 resident voters of the district who represent not less 1ri 9 20 than 25 percent of the total number of resident voters of on 21 the district. 22 Sec. 223. The petition shall be substantially in the ;tv 23 following form: The secretary of the district, having 24 previously certified to the board of commissioners of the he 25 district that at least 50 percent of the assessable area. he 26 within the district is devoted to and developed for t fig 27 residential, industrial, or nonagricultural commercial use, 28 or any combination thereof, the undersigned voters who a 29 reside within the boundaries of the district hereby to 30 petition the board of commissioners thereof to hold all ty 31 elections on the basis of a resident voter district rather he 32 than a landowner voter district. ,r 33 34 Date Signature Address 35 36 37 c t 38 ct 39 i le 40 3 41 $ i 92 a(x) SB 1517 -- 22 - 1 Sec. 224. Each petition shall be signed and dated by 2 resident voters of the district and shall show then 3 residence address. 4 Sec. 225. Each page of the petition which contains the 5 signature of one or more registered voters shall show 6 thereon the affidavit of the circulator in the following 7 form: 8 The undersigned circulator of the above petition 9 hereby declares under penalty of perjury that the 10 circulator of this petition was over the age of 18 years, and 11 that the signatures hereon are the signature of the person 12 named and were signed in the presence of the circulator. 13 Sec. 226. All signatures on the petition shall be 14 obtained within the six-month period immediately 15 preceding the filing thereof. 16 Sec. 227. The petition shall be filed with the secretary 17 of the district at least six months prior to the date of the 18 next general district election. Attached to the petition 19 shall be the name and address of at least one, but not 20 more than three, persons to be notified of the results of 21 the examination of the petition. 22 Sec. 228. Within 30 days of receipt by the secretary, 23 the petition shall be transmitted to the registrar of voters 24 and verified as follows: 25 (a) The registrar of voters shall examine the signatures 26 and from the records of registration ascertain whether or 27 not the petition is signed by the requisite number of 28 registered voters. 29 (b) The registrar of voters shall attach to the petition 30 a certificate showing the total number of valid signatures 31 thereon, the total number of registered voters within the 32 district as of the date of filing the petition, and a 33 determination as to the sufficiency of the petition. 34 Sec. 229. If the number of signatures is not sufficient, 35 a supplemental petition, bearing additional signatures, 36 may be filed with the secretary of the district within 10 37 days from the date on which the registrar of voters 38 certified the results of the original petition. The 39 supplemental petition shall be verified in the same 40 manner as the original petition. If the signatures on the 92 430 i ' a - A." -- SB 1517 i,r 1 petition are still insufficient, no action shall be taken 2 thereon. The petition shall remain on file as a public 3 record and failure to secure sufficient signatures shall not e 4 prejudice the later filing of an entirely new petition. 5 Sec. 230. If the petition contains at least 25 valid 9 6 signatures and if the total number of valid signatures on 7 the petition constitutes 25 percent or more of the n 8 registered voters within the district as of the date of filing e 9 the petition, the secretary shall prepare a certificate to n i0 that effect. A copy of the certificate shall be forwarded by A 11 certified mail to each person designated to be notified of "1 1 the results of the examination of the petition. e 33 Sec. 231. M itsthe 14 es the r-tiFteat , the Oft 15 After the preparation of the certificate, the district shall 1 hold a meeting and shall adopt a resolution declaring that 1e 7 all future elections in the district shall be conducted as a n A ; F• resident voter district rather than a landowner voter )f 9 election. If at all possible, the meeting shall be held in ! 20/time to allow residents to qualify as resident voters in the 41 next district election. ,2 Sec. 232. The secretary of the district shall file with 'S 23 the county clerk a certified copy of the resolution. The ,S 24 secretary shall cause a copy of the resolution to be )r 25 published once a week for three successive weeks in a )f 26 newspaper of general circulation within the district. 27 Sec. 233. After adoption of the resolution by the n 28 commission, all elections within the district for elective ,S 29 offices, bonds, or other purposes shall be conducted ,e 30 under laws relating to resident voter districts and all a 31 provisions of this article shall prevail over any contrary 32 provisions in this act relating to landowner voter t 33 procedures. 34 Sec. 234. All commissioners thereafter elected shall 0 S 35 be residents and qualified voters of the district at the time 36 of their election and during their term of office. The 37 commissioners need not be landowners. e 38 Sec. 235. At the first election of commissioners e 39 following the adoption of the resolution by the e 40 commission establishing a resident voter district, the Y2 4.5U SB 1517 — 24 - 1 number of commissioners to be elected shall corresponc. 2 with the number of commissioners whose terms expire. 3 The commissioners whose terms have not expired shall 4 serve their unexpired terms under the qualifications to 5 hold office that existed prior to the adoption of the 6 resolution establishing a resident voter district. 7 Sec. 236. The adoption of a resolution changing the 8 method of voting shall in no way invalidate any prior acts 9 of the district, its commissioners, officers, or employees. 10 Sec. 237. Any bonds, promissory notes, contracts, or 11 other obligations of the district, authorized or issued in 12 any manner provicled by law, and any proceedings taken 13 by the district in connection therewith, prior to the " 14 adoption of the resolutions changing the method of voting, 15 shall not be affected by that resolution and the obligations 16 shall continue to be legally authorized or issued., 17 obligations. 18 19 Article 5. Establishing Divisions 20 Sec. 240. The district may be divided into as man, 2i divisions as there are elected commissioners of the district. 24 The establishment of the divisions and the boundaries 25 thereof shall be made by the board of supervisors, which 26 shall make that division, if requested, by a resolution 27 passed by a majority of the commission or upon a petition �J 28 signed by a majority of eligible voters within the « 29 boundaries of the district. The resolution or petition shall be filed with the board of supervisors at least 420150 days �- before the next general district election. No petition shall 32 be fled any later than 150 days preceding the next � 33' general district election. 34 Sec. 241. Before taking action on the petition or the 35 resolution requesting the establishment of divisions, the 36 board of supervisors shall hold a hearing and shall hear 37 any evidence produced to establish the validity of the 38 petition or resolution and any further evidence as may be 39 necessary as to divide the district into divisions. f 40 ' Sec. 242. Within 10 days after the hearing, the boar' 92 470 -- 2,5-- SB 1517 od 1 of supervisors, if it determines that the resolution or 2 petition is valid, shall immediately order the e. 3 establishment of divisions in the district as nearly equal 1,111 4 in area as may be practicable and shall file a copy of the to 5 order with the commission. the 6 Sec. 243. After the entry of the order establishing the 7 divisions within the district, only one commissioner shall 8 be elected from each of the divisions so established. :cts 9 Sec. 244. The entry of the order dividing the district es. ` 10 into divisions shall not affect the term of any or r . commissioner until his or her term expires. in ' 2 Sec. 245. At least 88120 days prior to the next general .he '13 district election, the board of supervisors shall designate 14 the divisions from which commissioners shall be elected. ng, 15 The number designated shall equal the number of ms 16 commissioners to be elected at that election. At the next 'ed., 17 succeeding general district election, the commissioners 18 shall be elected from the remaining divisions. 19 Sec. 246. At the time the district is established as a 20 resident voter district and whenever thereafter sufficient 21 change in the population occurs in the district which, in nY 22 the discretion of the commission, makes it necessary to he 23 relocate the boundary or boundaries of any division or 24 divisions, the commission shall, by resolution, relocate the ies on 25 boundary lines of the division or divisions so as to i 26 equalize, as nearly as may be practicable, the population 27 in the respective divisions. However, no change in 8 division boundaries shall be made within four months he 29 immediately preceding the election of any commissioner, all 30 and no change shall work a forfeiture of the office of any iys 31 commissioner. The relocation of boundary lines of call 32 divisions may be made without regard to the places of ? t 33 residence of the commissioners then in office. 34 h he e 35 Article 6. Officers and Employees, 36 �`'r 37 Sec. 250. The officers of the commission shall include he 38 a resident, secretary, and treasurer, and may be r p y, y include a 39 vice president. rtl 40 Sec. 251. The commission may consolidate the offices 92 490 9 SB 1517 — 26 — 1 of secretary and treasurer. 2 Sec. 252. The duties of the officers of the commission, 3 and any standing committee thereof, shall be described 4 in the administrative code of the district. 5 Sec. 253. The officers of the district may include all of 6 the following: 7 (a) The chief executive officer. 8 (b) The finance officer. 9 (c) An attorney. 10 (d) A chief engineer. 11 Sec. 254. All officers and employees of the district 12 shall be appointed by the commission and serve at its 13 pleasure when those positions are required to be filled 14 and shall not be concurrently employed by the 15 landowner/developer corporation. 16 Sec. 256. The commission, except as otherwise 17 specifically provided, shall manage and conduct the 18 business and affairs of the district and may delegate its 19 powers to any officer or employee of the district. 20 Sec. 257. The rules, responsibilities, and procedures 21 for the officers of the district shall be described in the 22 administrative code of the district and shall be exercised 23 according to the policies and standards established by the 24 commission. 25 Sec. 258. All meetings of the commission shall be held 26 and conducted pursuant to Chapter 9 (commencing with 27 Section 54950) of Division 2 of Title 5 of the Government 28 Code. The commission may meet as frequently as is 29 necessary to satisfactorily conduct the business of the 30 district, but shall meet no less than six times in any one 31 calendar .year. 32 Sec. 259. Compensation for the commissioners shall 33 be fixed in the administrative code in an amount not to 34 exceed one hundred dollars ($100) per day for each day's 35 attendance at meetings of the commission or for each 36 day's service rendered as a commissioner by request of 37 the commission, not to exceed a total of six days in any 38 calendar month, together with the reimbursement of any 39 expenses incurred in the performance of duties required 40 or authorized by the commission. 92 sa) -- 27 -- SB 1517 1 CHAPTER 3. GENERAL POWERS 2 3 Sec. 300. The district has the power generally to 4 perform all acts necessary or proper to carry out fully this )f 5 act. 6 Sec. 301. The commission may adopt a seal for the 7 district and alter it at pleasure. 8 Sec. 302. The district may take by grant, purchase, 9 gift, devise, lease, or otherwise acquire, hold, and enjoy 10 and lease and dispose of, real and personal property of 11 every kind within or outside of the district, necessary to is 12 the full or convenient 'exercise of its powers. 13 Sec. 303. The district may exercise the power of 1e 14 eminent domain to acquire or improve any private 15 property necessary or convenient to the purposes 'e 4 16 specified in this act. However, in no case shall the district ie 17 exercise its power of eminent domain in a manner which is 18 results in a net reduction of wetlands acreage, 19 environmentally sensitive habitat areas acreage, or R'sh 's 20 and wildlife habitat values. The district shall have no 1e 21 power of eminent domain outside its boundaries. d 22 Sec. 304. The district may issue bonds, borrow money, ie 23 and incur indebtedness as authorized by this act. d Ce, 24 The district may also refund any indebtedness as h 25 provided in this act or any other applicable law, and may 26 also refund any indebtedness by the issuance of the same it 27 type of obligations as those refunded and following the is 28 same procedures as at that time may be applicable to the 'e 29 issuance of those obligations, and may retire any e 30 indebtedness or lien that may exist against the district or 11 31 its property. 32 Sec. 304.5. No bonds, assessments, or obligations 33 which constitute liens, charges, or encumbrances on real S 34 property within the district may be incurred or imposed f35 by the district, and no resolution of intention to issue 36 bonds may be adopted, except upon the affirmative vote- y 37 of four members of the harbor commission. In the event 38 the harbor commission is enlarged pursuant to Section 39 204, two public members shall affirmatively vote for such 40 financial bonds, assessments, or obligations. r 4. iH Y�.- 92 520;,"". SB 1517 -- 28 -- 1 Sec. 305. As to any service which the district ma, 1 2 perform pursuant to this act, the district may contract fo_ 3 the performance of that service with the county, the city, 4 another district, or any agency of the state or of the 5 United States, except as otherwise provided in this act. 6 Sec. 306. In order to carry out this act, the district or 7 its authorized representatives have the right of access to, f 8 and may to the extent permitted by the laws and 9 Constitution of the state, enter upon land within the 10 district. 11 The entry of the district or its authorized 12 representatives does not constitute, and does not give rise 13 to, any cause of action in favor of the owners of the land, 14 except for injuries resulting from negligence, 15 wantonness, or malice. 16 Sec. 307. The district may execute, by its president 17 and secretary, all contracts and other documents 18 necessary to carry out the provisions of this act. 19 Sec. 308. The district may commence and maintain 20 any actions and proceedings to carry out its purpose or 21 protect its interests and may defend any action o- �I 22 proceeding brought against it. 23 Sec. 309. The district may disseminate information to 24 the public concerning the rights, properties, policies, and 25 activities of the district. 26 Sec. 310. The commission shall adopt an 27 administrative code for the district, which code shall 28 include, but not necessarily be limited to, the following: 29 (a) The organization of the commission and the duties 30 of its officers and committees. 31 (b) The duties of and the extent and scope of 32 delegation of authority to the chief executive officer of 33 the district. 34 (c) The rules and regulations governing employee 35 standards, wages, benefits, and general duties. 36 (d) The rules and regulations governing the use of 37 property owned by the district and establishing the 38 conditions under which the district will engage in and 39 maintain its services. 40 (e) The manner in which the commission shall meet, 92 330 -- 29-- SB 1517 lily 1 legislate, and generally conduct the business of the for 2 district. ty, 3 Sec. 311. The commission may adopt, by ordinance, he 4 rules and regulations to be incorporated into the .ct. 5 administrative code of the district, and may provide or 6 therein the conditions and circumstances under which to, 7 the district shall furnish services or facilities to persons or rid 8 lands within or outside of the district or to carry out any he 9 other provisions of this act, including provisions for the 10 collection of fees, charges, assessments, and the method ed 11 of enforcement, collection, and penalties for ise 12 noncompliance. id, 13 Sec. 312. The rules and regulations may provide that ce, 14 the facilities or other services authorized by this act shall 15 not be furnished to (1) persons who violate the rules and n t 16 regulations or against whom there are delinquent water, nts 17 sewer, standby, facility, or other charges, or penalties or 18 interest on any of those charges or (2) land against which iin 19 there is a delinquent assessment. - or 20 Sec. 313. At least 30 days prior to adopting the rules or 21 and regulations, the commission shall adopt a resolution 22 of intention, set a date, and give notice of a public hearing to 23 on the proposed ordinance establishing the rules and rid 24 regulations. The resolution and the notice shall describe 25 the scope and nature of the rules and regulations and an 26 indicate the penalty for violation thereof. all 27 - Notice shall be provided pursuant to Section 6061 of the 1g: 28 Government Code. In addition, the city and the county ies 1 29 shall be provided with 10 days' written notice of any public hearings. of 31 See f}les a- bare been of 32 a-re i� effeet � 60 d$y - te s e e; afy r4 3 is a ee '34 Sec. 315. The district may enter into agreements with 35 the United States for purposes of repayment of the of 36 federal funds to construct such improvements and he 37 facilities as may be authorized pursuant to federal, state, rid 38 and local laws, and as described in the Water resources 39 Development Act of 1986, and to operate and maintain in et, a 40 perpetuity the ocean entrance, waterways, and S]B 1517 —30— 1 associated facilities. 2 Sec. 316. The district may join with the United States, 3 the state, the county, the city, a district, or other public 4 or private corporation, or one or more or any 5 combination thereof, for the purpose of carrying out any 6 of the powers of the district, including, without 7 limitation, provisions Jor the financing of acquisitions, 8 construction, developments, and operation. 9 E 10 CHAPTER 4. WETLANDS CONSERVATION AND STATE 11 LANDS 12 13 Article 1. Restoration of Wetlands and Transfer of 14 Additional Lands to State 15 16 Sec. 400. The district shall enter into an agreement 17 with the State Lands Commission and the Department of 18 Fish and Game, the owners of any lands within the 9 district, any agency or organization managing the wetlands, and the project proponents to take an and all P J P P Y 21 actions agreed upon to implement wetlands restoration 22 provide secure funding sources for wetlands restoratiol- 23 and maintenance in perpetuity, and to exercise all of its 24 powers set forth in this act to ensure complete restoration ?5�of the wetlands by implementing the wetlands 6 "'restoration plan in compliance with the ee-�ed Bolsa Chica Local Coastal Program, when certified. 28 Sec. 406. If the state acquires ownership of additional 29 lands within the district, those lands, at the option of the. 30 state, shall be detached from the district by the o:,e,.atie..,, 31 a a ledg ...ie t, and of a deed €rem the 32 ewfi-ef to the state pursuant to subdivision (d) of Section 33 50. 34 The state sl}all notify the diet;ift wt:iting, of 4K4 €ac4 35 a-nd file it pr-opesed deed ik t the dis#f:iet at the time of 36 netiee. Upen reeeipt e€that netiee aed deed, the distfiet 3" 4hft l adept a song forth the legal deseripti 38 e€ the land eentaift ift the deed, after- emee ,t ^" 39 eanfifffning the€aet that the d,. se r:b e a lands are tie lenger 40 %4hin the dii e . 92 561 --31 -- SR 1517 1 -A eeptified eeff of the re be filed with the 2 agent format of the eeunt-y, 4 ates, 3 whieh 4ffte the a.,t,,,,>,nie t shall be deefned eetnplet�e lblic 4 and aR assessments; eharges, taxes, fees; er dens, thereon any 5 diseharged: any 6 Sec. 407. Upon acquisition of additional lands by the ,out 7 state within the district, those lands shah may be ions, 8 detached from the district b�, the of f deed 9 frem the to the state en4 pursuant to subdivision 10 (d) of ,Section 50 and the district shall discharge all 'T� 11 assessments, charges, liens, taxes, or fees thereon 12 1 13 of 14 Article 2. Relationship Between Wetlands Restoration 15 and Development 16 lent 17 Sec. 409. There shall be a minimum of 915 acres of it of 18 high quality, fully functioning wetlands and 86.8 acres of the 19 er- vironmentally sensitive habitat areas created or the 20 rf-stored onsite in the Bolsa Chica study area, as required i alI 21 by the I3olsa Chica Land Use Plan dated.December 1985, ion, 22 and conditionally certified by the coastal commission. All ion 23 development within the Bolsa Chica study area shall be fits 24 in conformance with the Wetlands Restoration Plan 'o. 25 prepared as part of the Bolsa Chica Local Coastal ads 26 Program and with the biological resources management 31sa 27 components policies of the Bolsa Chica Land Use Plan. real 28 Any changes to the Bolsa Chica Land Use Plan are subject 29 to the review and approval of the coastal commission. the 30 Sec. 410. The development rights on the mesa area ' sn; A 31 within the district shall be conditioned on the 32 requirement that, as a condition of sale of each residential ion 33 unit by the original builder of that unit, the sum of one y' 34 thousand eight hundred dollars ($1,800) per dwelling 1 - 35 unit on the mesa area is deposited in the district's 36 wetlands restoration fund created in subdivision (b) of 37 Section 700. However, the initial deposit of one thousand 38 eight hundred dollars ($1,800) per dwelling unit does not 39 in any way limit the district's authority to levy additional ' 40 amendments on the mesa area as may be needed to 6 92 571 i S B 1517 —32 - 1 assure adequate funding to accomplish restoration an� 2 maintenance of the wetlands and environmenta.,,r : 3 sensitive habitat areas, as specified in the Bolsa Chica Land Use Plan. See-. 444, Prier to of de a eat in the we4ftttd-s -ea fie lees fliftn ette arm6 kwated in-the Brie,ft wedetad ar A7 eneihalf tiff tes the sie-e 4 the wed area fef prepesed 8 devel-effient shia4 be reAered to a eeftElitieft of h*h 9 ftfI4 et wetlatt-d a-reft tie less thean efte aftd offelh64 10 4ffi-es as large as the wetlaftd- area prepesed fef 11 dewLXJ7'J-TTrI A ehft4 be ift the di8triet. 1ft tie 12 ease she4 the fiftf,d EteW-elle-P-ment area be less ift sire thftft 13 onelthird ef the fiftg we4aftd r-esteretti are , 14 See- 44-2-. Where wetkfftd-9 aeveftge abeve 852 aeres, as A-r. --b 15 VXIC;AIfIeVdx ift the 4985-, B015ft Ghieft beeg GoetstEt! 16 bafid Use Na-n-, is to be feA-ef�, bttt lard withift the 17 desi& X"11--e ---"fHhx-9 ftfee.9 1-9 tfftfk ailetble, 18 ifttefitft eftske of affike restet:44 affmy be eteeefftpli 19 with ft higheT- priority for eftsAe be plete'4 .1� 2 off-site is ehoseft, A shall %.L IVTTIT 0 VrT�=T 21 ftu of the "I'W� east. 22 -(-a+ Two areas shaH be festered feT- eftek mere lest. 23 - * At -Iche ea- le btA ift fie ease 24 h4ef 9-tftft the fitii4 phfkse of deve the r-estefati 25 Ai,&4 be cite 26 Upeft rreplaeeffi of ifftefifft effiAe restered 27 w,-4� with the feftaif-ed efiaite fe4ered wedands, 28z effsite shall he ed 30 31 Article 3. State JeifA Frmere6e ef Rewefs with the 32 Agreement between the District, the State 132 Lands Commission., the Department of Fish and COGame, and other agencies or organizations 35 / 3 Sec. 415. The State Lands Commission, the 7 Department of Fish and Game, any agency or 3 organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other 40 agreement for the joifft exereise of perms fe4fttiftg to the 92 590 —33 -- SB 1517 i 1 relating to their respective parcels of property within 2 holsa Chica. 3 The agreement may provide for, among other things, 4 the ongoing maintenance and preservation of the 5 restored wetlands; the allocation of money and revenue 6 collected from district and state lands; the provision of 7 services by the district to benefit state lands; and the f 8 operation and maintenance of the harbor facility. 9 Sec. 416. The Department of Fish and Game, in Vic° 0 cooperation with the State Lands Commission, any 11 agency or organization holding title to or managing the I wetlands, and the district shall annually adopt a budget 3 and management program to implement the wetlands 14 rester plan- It addi6en aftd as an intergy-al pftr4 of 15 the budget and , detailed 16 shall be made for the engeing ffietintenernee 17 arzd preser-vast of a €}illy fanetieitiftg -iable wetlands 18 habitat artd e habitat area 19 to the eert-ified leeed the 20 ongoing maintenance and preservation of a functioning 21 viable habitat pursuant to the local coastal program, 22 when certified. 23 The parties shall provide, in the agreement described 24 in Section 415, the means by which funds shall be 25 identified and obtained from local and other sources, 26 including the wetlands conservation fund, to administer 27 the etlet=xresteratief - artd the 28 .¢-Pi-.aM set eut abeve i t etttit-�--. the 29 ongoing maintenance and preservation of the wetlands 30 pursuant to the wetlands restoration plan in perpetuity. 31 32 Article 4. Abatement of Solid Wastes 33 34 Sec. 420. For purposes of this chapter, the district may 35 acquire or lease equipment, construct appurtenances, 36 hire personnel, or enter into contracts with private 37 persons or other governmental agencies, to abate, collect, 38 and dispose of solid wastes, the presence of which 39 threatens or potentially threatens the public health, 40 wildlife, or the wildlife habitats in the district. 92 C" SB 1517 -- 34 -- 1 Sec. 421. This article is supplemental to state law a. 2 local ordinances govering the control and abatement of 3 solid wastes by public health agencies, and any programs 4 or activities undertaken by the district or any rules and 5 regulations adopted pursuant to Section 311. 6 The purposes of this article shall be consistent with the 7 policies, programs, and rules and regulations of any state 8 or local agency having primary responsibility for the 9 control or abatement of solid waste within, or 10 immediately adjacent to, the district. 11 Sec. 422. For purposes of this article, "solid wastes" 12 means all putrescible and nonputrescible solid, 13 semi-solid, and liquid wastes, including garbage, trash, 14 refuse, paper, rubbish, ashes, industrial wastes, 15 demolition and construction wastes; abandoned vehicles 16 and parts thereof, discarded home and industrial 17 appliances, manure, vegetable or animal solids, and 18 semi-solid wastes, and other discarded solid and 19 semi-solid wastes. 20 21 . Article 5. Flood Control 22 23 Sec. 425. The purpose of this article is to provide for 24 coordination with other governmental agencies having 25 jurisdiction to control flood and storm waters, or runoff 26 from irrigation, commercial, and residential sources, 27 from either within or outside of the district, that present 28 .a threat, potential threat, or that would adversely affect 29 wildlife, wildlife habitat, or ecological balance of the 30 wetlands, or the harbors, waterways, or public roads 31 within the district. 32 To the extent that those other agencies do not have 33 specific jurisdiction or programs to control or manage 34 those flood, storm, or runoff waters, the district may 35 control and manage those waters. 36 Sec. 426. In carrying out this article, the district shall 37 give priority to the restoration, enhancement, and 38 maintenance of the wetlands, and shall cooperate with 39 and comply with the ordinances, policies, and rules and 40 regulations of the Orange County Flood Control District 92 620 -- 35 — SB 1517 1 (; 2 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS 3 4 Sec. 500. If an ocean entrance and harbor facilities are 5 approved in accordance with applicable laws, the district 6 may enter into agreements or contracts to operate, 7 maintain, construct, or develop all, or any portion, of 8 these facilities with any federal or state agency, county, 9 city, district, or any combination thereof, having 10 jurisdiction over or authority to manage those ocean 11 entrance and harbor facilities. Nothing in this chapter 12 requires any of the above governmental entities to enter 13 into agreements or contracts with the district even if the 14 governmental entities acknowledge and agree that the 15 operation of the small craft harbor will involve the district and private parties and that the activities of all 7 involved parties shall be coordinated. The distract shall 18 not exercise its powers in a manner which unreasonably 19 restricts the public from navigation upon n va g ale 2 wafers u-77thin the ocean entrance and harbor facilities. Sec. 501. The agreements or contracts entered into 22 pursuant to Section 500 may authorize the district to 23 acquire, construct, reconstruct, improve, repair, develop, 24 maintain, and operate, a harbor and all facilities 25 appurtenant thereto, connected therewith or incidental 26 thereto, including, without limiting the generality of the 27 foregoing, the following: 28 (a) The acquisition, reconstruction, repair, and 29 maintenance of vehicle parking areas, landscaping, 30 appurtenant utilities, bulkheads, seawalls, wharves, 31 docks, ways, ferry slips, warehouses, streets, roads, drives, 32 parkways, avenues, approaches, marinas, aquatic 33 playgrounds, beach parks, bathing beaches, and other 34 recreation facilities, together with structures and 35 facilities incidental thereto. 36 (b) The acquisition, construction, reconstruction, 37 repair, maintenance, operation, development, and 38 regulation of fueling, loading and unloading, towing, 39 repairing, warehousing, shipping and reshipping, and 40 other facilities, aids, equipment, or property necessary 92 640 SB 1517 —36-- 1 for, or incidental to, the development and operation of 2 the harbor. 3 (c) The acquisition, construction, reconstruction, 4 repair, maintenance, and operation of fire protection 5 apparatus, and sanitary and other facilities necessary for 6 the proper protection of the harbor. 7 (d) Adopt rules and regulations for the use of harbor 8 facilities and the navigable ocean entrance. 9 Sec. 502. Any county, city, or other political 10 subdivision or agency of the state, hereafter referred to 11 as "public agency," which has been invested by grant 12 from the state with the ownership, possession, control, or 13 management of tidelands and submerged lands or any 14 other lands lying under, washed by, or abutting the 15 Pacific Ocean, or inland waters of the state, including the 16 beds of navigable rivers, streams, lakes, bays, estuaries, 17 inlets, and straits, may, with the prior written consent of 18 the State Lands Commission, agree in writing that the 19 district shall, for the term stated in the writing, have all 20 or any right, title, and interests of the public agency and 21 exercise all or any jurisdiction of the public agency in the 22 lands over the lands or any portion thereof. 23 Sec. 503. The district may lease any property, 24 whether real or personal, and any interest therein to, of, 25 and from any person, firm, or public or private 26 corporation, or public agency with the privilege of 27 purchasing or otherwise. 28 Sec. 504. Any rules and regulations adopted by the 29 district for the use of harbor facilities and any ocean 30 entrance may include, but are not limited to, the 31 following: 32 (a) The regulation of anchoring, mooring, towing, 33 wharfage, and dockage of vessels and the establishment 34 and collection of rates, fees, and charges therefor. 35 (b) The establishment and collection of rates, fees, and 36 charges for service from or use of any of the facilities 37 owned, controlled, furnished, or operated by the district. 38 (c) The supervision of pilots and the pilotage of all 39 vessels within the harbor facilities and any ocean 40 entrance and the establishment and collection of fees and 92 650 37 — SB 1517 li 1 charges therefor. g �. 2 (d) The issuance of licenses and permits for privileges 3 to be exercised in and about the harbor facilities and any 4 ocean entrance upon equal terms and the establishment 5 and collection of rates, fees, and charges therefor. Funds 6 collected pursuant to this section shall first be utilized for 7 sand replenishment purposes as specified in Section 509. 8 Sec. 505. The district may sell and issue franchises 9 relating to the harbor facilities and any ocean entrance 10 and its works, appurtenances, properties, and rights in 11 accordance with any procedure which may be prescribed 12 by ordinance. 13 Sec. 506. The district may advertise its advantages 14 and solicit business within or outside the district, within 15 other states or any foreign countries, through its 16 employees or agents. 17 Sec. 507. For the purpose of carrying out fully this 18 chapter, the district may enter into an agreement with 19 the state or the county, or both, for the operation and 20 maintenance of any of the facilities acquired, 21 constructed, or within the jurisdiction of the district 22 pursuant to this article, including state lands. 23 Sec. 508. All or a portion of the harbor facilities and 24 the ' ocean entrance may be constructed by funds 25 provided by the federal government pursuant to the 26 Water resources Development Act of 1986. 27 Sec. 509. if an ocean entrance is authorized and 28 constructed, the district shall maintain the sand supply to 29 the beaches within the littoral cell from Anaheim Bay to 30 Newport Bay so that the mean high tide line does not 31 retreat landward from the line existing prior to 32 construction of the ocean entrance, as determined by the 33 State Land Commission. The district shall provide secure 34 funding for the maintenance of the sand supply 35 to the beach prior to construction of an ocean entrance. 36 37 CHAPTER 6. WATER AND SEWER FACILITIES 38 39 Article 1. General Provisions 40 92 670 SB 1517 — 38- 1 Sec. 600. The district shall finance and construe 2 water and sewer facilities necessary for development of 3 the property within the district. 4 Sec. 601. At the time of connection of any residential 5 or commercial structure, improvement, or group of 6 structures or improvements to the water or sewer 7 systems acquired or constructed by the district, the 8 district shall dedicate and the city shall accept dedication 9 of all portions of the water and sewer systems necessary 10 to provide water and sewer service to those structures or 11 improvements. 12 Sec. 602. Upon dedication of all or any portion of the 13 water and sewer system to the city, the city shall 14 thereafter provide water and sewer services on a uniform 15 basis without discrimination to all properties with water 16 and sewer connections on the dedicated portions. The 17 city shall operate the system to allow the nondedicated 18 portions to serve the project area in a timely and 19 reasonable manner. 20 Sec. 603. The city may impose a water rate and a 21 sewer fee for the provision of water and sewer services t 22 users within the district which will cover the cost to the 23 city of providing those services, including a reasonable 24 surcharge. Ir 25 Sec. 604. At the time of dedication of the water or 26 sewer systems to the city, a connection fee shall be paid 27 in an amount specified by applicable city ordinances. 28 Sec. 6Q5. Neither the district nor the city may impose 29 a water rate or water fee on the delivery, transmission, or 30 provision of unappropriated nonpotable water used in 31 connection with the implementation of the wetlands 32 restoration plan. Except for flood control purposes, the 33 district shall not restrict, direct, or terminate the flow of 34 nonpotable water required for the restoration and for 35 maintenance of the wetlands. Nonpotable water 36 includes, but it not limited to, feasible runoff arising from 37 the southern bluffs and the Wintersburg Flood Control 38 Channel and tidal waters. - 39 — S B 1517 Article 2. Sewer Facilities 2 3 Sec. 620. The district may acquire, construct, furnish, 4 maintain, and repair facilities for the collection, 5 transportation, treatment, and disposal or reclamation 6 and reuse of sewage. 7 Sec. 621. Any sewer system designed and constructed 8 by the district and any improvements thereto shall be 9 designed and constructed in accordance with the 10 requirements of the city for those facilities, shall be 11 compatible and connect with the existing systems within 12 the city, and shall be approved by the city engineer. 13 Sec. 624. The district may construct its sewers in 14 public streets or roads and in its fights-of-way and, for 15 that purpose, may enter upon those lands and make all 16 necessary and proper excavations, restoring the land and 17 improvements to proper condition. 18 The work of restoring and repairing any public street 19 in the district shall be done under the supervision of the 20 city department of public works at cost to the district and 21 in accordance with the standards established by the city. 22 Sec. 628. The district may require any resident or 23 property owner who desires to have any structure 24 connected to a district owned or operated sewer system 25 to pay a proportionate share of the cost of that system if 26 the property upon which the structure is located had not 27 been assessed for its share of the cost of the acquisition, 28 construction, or installation of the sewer system or the 29 landowner had failed to pay the assessment. 30 31 Article 3. Water Facilities 32 33 Sec. 630. The district may acquire, plan, construct, 34 maintain, improve, and repair the necessary works for 35 the production, storage, transmission, and distribution of 36 water for irrigation, domestic, industrial, and municipal 37 purposes. 38 Sec. 631. Any water system designed and constructed 39 by the district and any improvements thereto shall be 40 designed and constructed in accordance with the 92 7(X) SB 1517 —40 — I requirements of the city for the facilities, shall be 2 compatible and connect with the existing systems within 3 the city, and shall be approved by the city engineer. 4 Sec. 632. The city shall supply and deliver water to 5 the area during the development stage of the project at 6 a reasonable charge for providing those services, plus a 7 reasonable surcharge. 8 9 Article 4. Alternative Provisions 10 11 See. 640. If the city is unable or refuses to accept 12 dedication of the sewer service or water system or 13 provide services related thereto, until such time as the 14 city is able or consents to provide those services, the 15 district may contract with another agency for the 16 services. If no such agency is available, the district may 17 acquire, control, distribute, and sell any water, and 1 18 provide sewer service for the beneficial use or uses of the 1 19 district or its inhabitants. The district may impose a water 2 CA20 rate and a service fee for provision of water and sewer 22 21 services within the district pursuant to this section. 2 22 Sec. 641. Any groundwater production activities of 23 the district shall be undertaken in compliance with the 2 24 well registration, replenishment assessment, and basin 2 25 equity limitation and assessment provisions of the 22 26 Orange County Water District Act (Chapter 924 of the 2 27 Statutes of 1933). 2 28 Sec. 642. The district shall not store water within the 3 29 Orange County groundwater basin, nor shall it undertake 3 30 any groundwater replenishment or groundwater 3 31 management or regulation functions without first 32 securing the consent, by resolution, of the governing 33 body of the Orange County Water District to conduct 3 34 those groundwater storage, replenishment, 3 35 management, or regulation activities. 3 36 Sec. 643. The district shall not sell, distribute, 3 37 transport, or convey _groundwater produced from the 3 38 Orange County groundwater basin outside the 39 boundaries of the Orange County Water District. . 4 92 720 - 41 — S B 1517 CHAPTER 7. FINANCIAL PROVISIONS 2 3 Article 1. Annual Budget 4 5 See. 700. The commission shall annually provide for 6 the appropriation of money for the use of the following 7 funds: 8 (a) A general fund which shall consist of money 9 received by the district and not specifically appropriated 10 to any other fund and may be allocated for the operations 11 and maintenance of district facilities or services not fully 12 supported by any other fund. 13 (b) A wetlands restoration fund which shall consist of 14 money received from any source, including district 15 revenues specifically allocated for the purposes of 16 Chapter 4 (commencing with Section 400) . 17 (c) A wetlands maintenance and operation fund 18 which shall have funding preference over any other 19 funds specifically allocated for the purposes of Chapter 4 20 (commencing with Section 415) . 21 (d) A federal cost-share fund which shall consist of 22 money received from revenues specifically allocated for 23 the purposes of Chapter 5 (commencing with Section 24 500) . 25 (e) A bond redemption fund which shall consist of 26 money received from revenues specifically allocated for 27 the payment of interest and principal on any outstanding 28 bonds of the district. 29 (f) A sand replenishment fund which shall consist of 30 money received from any source, including district 31 revenues, specifically allocated for the purposes of 32 Section 509. 33 Sec. 701. On or before June 15 of each year, the 34 commission shall adopt a preliminary budget which shall 35 conform to the accounting procedures for special districts 36 and the budgeting procedures for special districts of the 37 California Administrative Code. Copies of the 38 preliminary budget shall be forwarded to the State Lands Sion a-ftd t-ke of F4ak aftd Gaffte 13,y jttly 4 etieh year-. Commission,, the Department of Fish 92 722 B 1517 -- 42 -- t� ' 1 and Game, and any agency or organization holding title � o� i to or managing the wetlands, by July 1 of each year for v Ar 3 11their review consistent with the budget responsibilities 3. of 4 het forth in Section 416. The agencies shall have 30 days 4 5 In which to review the preliminary budget and to provide 5 o 6 bommen is to the harbor commission on the adequacy and 6 p 7 !sufficiency of the budget for contribution to the funds 7 8identifled in subdivisions (b) and (c) of Section 700. 9 g 9 Sec. 702. The preliminary budget shall provide 9 10 appropriations from the general fund, the wetlands 10 11 conservation fund, the federal cost-share fund, and the 11 >; 12 redemption of any long- -or short-term debts of the 12 F 13 district. 13 r 14 Sec. 703. By September 15 of each year, the 14 15 commission shall adopt the final budget. Copies of the 15 z 16 final budget shall be forwarded to the State Lands 16 i 17 Commission, the Department of Fish and Game, the city, 17 E 18 and the county. 18 19 19 20 Article 2. Administration of Funds R 20 21 22 Sec. 710. The commission may establish and transfer } 23 money from the general fund to any other funds it deems 23 24 necessary to carry out this act and allocate revenues to 24 25 the funds in lieu of allocating them to the general fund. 25 26 No revenues specifically allocated to the funds described 26 27 in subdivision (b) , (c) , or (d) of Section 700 may be 27 28 transferred or allocated to any other fund. 28 29 Sec. 711. The commission may, pursuant to Section 29 30 53653 of the Government Code, invest surplus money 30 31 .available from any fund and may pool money from two 31 32 or more funds for investment purposes. 32 33 Sec. 712. If the commission pools and invests money 33 34 from separate funds, a portion of the earnings received 34 35 from investment shall be allocated to each fund in l 35 36 proportion to the amount contributed from each fund to 36 37 the investment pool. 37 38 Sec. 713. The Treasurer shall, pursuant to Section 38 39 53646 of the Government Code, annually render to the 39 40 commission a statement of investment policy and shall , 40 92 750 -- 43 -- SB 1517 provide a detailed monthly 1 p Y report on all investments 2 including the types of investments, the rate of earnings �) 3 of each, and the distribution of investment earnings. 4 Sec. 714. All money in custody of the district not 5 otherwise invested shall be deposited for safekeeping i 6 pursuant to Section 53635 of the Government Code. 7 8 Article 3. Federal Repayment, Assessment 9 10 Sec. 730. Prior to the adoption of the preliminary 11 budget each year, the chief executive officer shall 12 prepare a report estimating the amount of money 13 needed for the purposes of the federal cost-share fund. 14 Sec. 731. If the commission determines that the 15 money available in the federal cost-share fund is 16 insufficient to meet the amount estimated by the chief 17 executive officer, the commission shall adopt a resolution 18 of intention to levy an assessment within the federal 19 repayment district established pursuant to Section 800. 20 Sec. 732. The resolution of intention shall specify the 21 amount of money needed to be raised by assessment and 22 establish a date, place, and time for a public hearing. 23 Notice of the hearing shall be published pursuant to 24 Section 6066 of the Government Code, and specify a 25 place and time where the resolution and report of the 26 chief executive officer may be seen by interested persons. 27 Sec. 733. Prior to the hearing, the commission shall 28 determine the need to establish a zone or zones within 29 the federal repayment district. Each zone for which an 30 assessment shall be levied shall be established pursuant to 31 Article 2 (commencing with Section 810) of Chapter 8 32 and referred to as a participating zone. 33 The commission shall determine the proportional 34 amount of the total assessment that shall be borne by each 35 participating zone based upon the benefits derived by 36 the respective zones. 37 It is declared that, for purposes of any assessment 38 levied under this article, the property so assessed within 39 a given zone is equally benefited. 40 Sec. 734. At the time and place fixed for the hearing,' P 92 760 SB 1517 — 44--- I or at any time to which the hearing may be continued, VC. I 11 2 the commission shall consider all written or oral 2 (co- 3 objections to the proposed assessments. During the 3. Mu 4 course of the hearing, the commission may establish new 4 (co 5 zones or exclude established zones from participation, 5 S 6 may change the boundaries of zones, or may reduce or 6 pui 7 increase the amounts to be assessed within each zone. 7 6.1 8 Sec. 735. At the conclusion of the hearing, the 8 Di` 9 commission may abandon the levy of the proposed 9 10 assessments or approve them as originally proposed or as 10 col 11 amended during the course of the hearing. 11 col 12 Sec. 736. If the commission abandons the levy of the 12 ch 13 proposed assessments, no further proceedings related to 13 pe 14 assessments for the federal cost-share fund may be 14 to 15 undertaken for a period of not less than six months 15 16 following the conclusion of the hearing. 16 sh 17 Sec. 737. If the commission approves the levy of 17 Li 18 assessments, no additional assessments related to the 18 of 19 federal cost-share fund may be implemented for a period 19 er 20 of not less than one year following the effective date of 20 ei 21 the levy of the first assessment. 22 Sec. 738. Revenues generated through assessments 22 it 23 levied pursuant to this article shall be deposited in the 23 t( 24 federal cost-share fund and shall be used for the purposes 24 it 25 for which that fund is established. y 25 n 26 Sec. 739. Assessments levied pursuant to this article 26 v 27 shall be a lien on all the property benefited thereby. 27 a 28 Liens for those assessments shall be of the same force and 28 29 effect as other liens for taxes,, and their collection may be 29 a 30 enforced by the same means provided for in the 30 a 31 enforcement of liens for state and county taxes. 31 c 32 See. 740. No assessments may be levied by the district 32 33 on property outside district boundaries. 33 34 34 35 Article 4. Improvement and Benefit Assessments 35 36 36 37 Sec. 750. The district may levy assessments to finance 37 38 capital improvements pursuant to the Improvement 38 39 District Act of 1911 (Division 7 (commencing with 39 40 Section 5000) of the Streets and Highway Code) , the 40 92 780 - 45 -- SB 1517 1 Improvement Bond Act of 1915 (Division 10 ►� 2 (commencing with Section 8500) of that code), and the 3 Municipal Improvement Act of 1913 (Division 12 4 (commencing with Section 10000) of that code). 5 Sec. 751. The district may levy benefit assessments 6 pursuant to the Benefit Assessment Act of 1982 (Chapter 7 6.1 (commencing with Section 54703) of Part 1 of 8 ' Division 2 of Title 5 of the Government Code) . 9 Sec. 752. All county officers charged with the duty of 10 collecting taxes shall collect, upon request of the 11 commission, district assessments levied pursuant to this 12 chapter with the general county taxes, with the same 13 penalties and interest, and, when collected, shall be paid 14 to the district. 15 Sec. 753. Assessments levied pursuant to this article 16 shall be a lien on all of the property benefited thereby. 17 Liens for those assessments shall be of the same force and 18 effect as other liens for taxes, and the collection may be 19 enforced by the same means as provided for in the 20 enforcement of liens for state and county taxes. 21 Sec. 754. Annual assessments and financial obligations 22 imposed pursuant to this act, including, but nor limited 23 to, general obligation bonds, revenue bonds, 24 improvement district bonds, and standby charges, shall 25 not exceed 1 percent of the assessed value of the property 26 within the district, as established by the latest equalized 27 assessment rolls. 28 Sec. 755. Notwithstanding any other -section of this 29 act, the district shall not impose any fees, special 30 assessments, assessments, or taxes on oil or gas in place or 31 on the removal, processing, storage, or sale thereof. 32 33 Article 5. ]Rates, Charges, and Fees 34 35 Sec. 760. The district may, in lieu, or in whole or in 36 part, of raising money for district purposes by assessment, 37 make water capacity available to the holders of title of 38 land or the occupants thereon, and may fix and collect 39 charges therefor. The charges may include standby i 40 charges to landowners to which water may be made; 9 NX) SB 1517 — 46 - 1 available whether the water is actually used or not. 1 I Wlr ---q 2 The charges may vary in different months and 2 s 3 different localities of the district to correspond to the cost 3, 4istr 4 and value of the service, and the district may use so much ' 4 Se' 5 of the proceeds of the charges as may be needed to defray 5 surc 6 the ordinary operation or maintenance expenses of the 6 Sect 7 district and for any lawful district purpose. 7 not 8 Sec. 761. The commission may fix, regulate, and 8 less, 9 collect rentals, fees, or charges for the parking of vehicles 9 SE 10 in parking areas under the district's control, and may 10 pur,, 11 provide rates for different classes of customers or users. 11 con: 12 Sec. 765. Prior to fixing or amending fees or charges 12 san( 13 for the parking of vehicles, the commission shall adopt a 13 are 14 resolution of intention to do so, which resolution shall 14 det, 15 establish a date, time, and place for a public hearing no 15 sun 16 sooner than 30 days after adoption of the resolution of 16 S 17 intention. 17 cho 18 Notice of the hearing shall be provided pursuant to 18 Pei 19 Section 6061 of the Government Code at least 15 days 19 54S 20 prior to the hearing. A place and time shall be established 20 E 21 for any interested person to review the proposed fees or 21 ad( 22 charges the commission intends to fix. 214 ni 23 Sec. 766. The proceeds of the fees and charges for the 23 he 24 parking of vehicles shall be placed in the district's general 24 25 fund and expended for the maintenance, operation, 25 26 repair, and improvement of parking places under control 26 27 of the commission. 27 -- 28 Sec. 767. At the end of each fiscal year, the 28 es 29 commission shall direct the district's finance officer to 29 th 30 determine if the proceeds of parking fees and charges 30 31 were in excess of the costs of normal operations, 31 32 maintenance, and repairs. 32 33 If the finance officer determines an excess exists, the 33 ' 34 commission shall transfer the amount of the excess from 34 rE 35 the general funds to the wetlands conservation fund to be 35 of 36 used thereafter for the purposes and duties of the district 36 r( 37 as provided in Chapter 4 (commencing with Section 37 p 38 400). 38 7 39 Sec. 768. The commission may fix and alter rates of 39 1 40 wharfage charges, slip fees, anchorage fees, and other 92 820 - 47 — SB 1517 I charges for the use or right of use of any facilities III 2 constructed, owned by, or under the control of, the 3 district pursuant to this act. 4 See. 769. The commission may establish an annual 5 surcharge, in addition to charges and fees authorized by 6 Section 768, for use of district-owned facilities, whether or 7 not those facilities are under control of the district, a 8 lessee, or another governmental agency. 9 Sec. 770. Proceeds from surcharges collected 10 pursuant to Section 769 shall be deposited in the wetlands 11 conservation fund or the federal cost-share fund or the 12 sand replenishment fund for uses for which those funds 13 are established by this act. The commission shall 14 determine annually the disposition of the proceeds of 15 surcharges prior to the adoption of the annual budget. 16 See. 771. The commission may establish a schedule of 17 charges or fees pursuant to, and for any purpose 18 permitted by, Chapter 13 (commencing with Section 19 54990) of Division 22 of Title 5 of the Government Code. 20 Sec. 772. The schedule for charges and fees shall be 21 adopted or amended annually prior to the adoption of the 22 annual budget and shall be considered at the time of the 23 hearing set for the consideration of the annual budget. 24 25 Article 6. Real Estate Transfer Tax or Fee 26 27 See. 774. The district may not levy any form of real 28 estate transfer tax or fee for any purpose associated with 29 the Bolsa Chica land development. 30 31 Article 7. Short-Term Borrowings 32 33 See. 790. If money is needed for the immediate 34 requirements of the district in any fiscal year to pay 35 obligations lawfully incurred and before receipt of 36 revenues for the fiscal year is sufficient to meet 37 payments, money may be borrowed pursuant to Article 38 7 (commencing with Section 53820) of Chapter 4 of Part 39 1 of Division 2 of Title 5 of the Government Code. 92 K30 SB 1517 —48-- 1 Article 8. Bonded Indebtedness 1 ril 2 qu, li 3 Sec. 793. For the purpose of issuing bonds, the district 3 4 may exercise the authority and be subject to the 4 as 5 provisions and limitations of Chapter 2 (commencing 5 th 6 with Section 35950) of Part 6 of Division 13 of the Water 6 ai 7 Code. The commission shall have, with respect to the 7 3( 8 issuance of bonds, the same rights, powers, duties, and 8 sl 9 responsibilities as the board of directors of a California 9 p- 10 water district. 10 d 11 Sec. 794. For the purpose of issuing general obligation 11 12 bonds, the district shall be subject to the authorization, 12 b 13 limitation, and procedures of Chapter 3 (commencing 13 C 14 with Section 36150) or Chapter 3.5 (commencing with 14 c 15 Section 36250) of Part 6 of Division 13 of the Water Code. 15 s 16 The commission shall have, with respect to the issuance, 16 k 17 sale, redemption, and other miscellaneous provisions 17 N 18 pertaining to the administration of general obligation 18 N 19 bonds provided in that Chapter 3 or 3.5, the same rights, 19 < 20 powers, duties, and responsibilities of the board of 20 21 directors of a California water district. 21 22 Sec. 795. For the purpose of issuing revenue bonds, 23 the district shall be subject to the provisions, procedures, 24 and limitations of Chapter 4 (commencing with Section 24 25 36300) of Part 6 of Division 13 of the Water Code. The -f 25 26 commission shall have, with respect to the issuance, sale, 26 27 and administration of revenue bonds and other 27 28 miscellaneous provisions of that Chapter 4, the same 28 29 rights, powers, duties, and responsibilities of the board of 29 30 directors of a California water district. 30 31 Sec. 796. Improvement districts consisting of 31 32 contiguous or noncontiguous portions of the territory of 32 33 the district may be formed, and bonds and warrants of P33 34 the district may be issued for those improvement districts ,,s 34 35 pursuant to Chapter 4.9 (commencing with Section 36 36410) , Chapter 5 (commencing with Section 36450) , and 36 37 Chapter 6 (commencing with Section 36455) of Part 6 of 37 38 Division 13 of the Water Code. The commission shall' 38 39 have, with respect to the formation of improvement 39 40 districts and the issuance of bonds therefor, the same �, 1 jr 92 850 -49— SB 1517 1 rights, powers, duties, and responsibilities of the board of 2 directors of a California water district. 3 Sec. 797. For the purpose of the levy and collection of 4 assessments and other provisions of law related thereto, 5 the district shall be subject to the provisions, proceedings, 6 and limitations of Part 7 (commencing with Section *7 36550) of Division 13 of the Water Code. The commission 8 shall have, with respect to assessments, the same rights, 9 powers, duties, and responsibilities of the board of 10 directors of a California water district. 11 Sec. 798. Prior to the completion of the investigtion 12 by the District Securities Division of the State Treasurer's 13 Office undertaken pursuant to this article, the 14 commission shall by resolution notify the board of 15 supervisors that it intends to provide for the issuance of 16 bonds. The resolution shall be accompanied by a report 17 which describes the plan of the project to be financed 18 with the proceeds of the bonds in such detail as the 19 county auditor-controller may require and shall also be 20 accompanied by such other information as the 21 auditor-controller may require, including a copy of any 22 report available from the District Securities Division of 23 the State Treasurer's Office concerning those 24 proceedings. 25 Sec. 799. (a) No later than 120 days following receipt 26 of the district's resolution of intention, the board of 27 supervisors shall by resolution make findings regarding 28 the following: 29 (1) The extent to which the facilities or -works to be 30 acquired or constructed with the proceeds of the bonds 31 are needed to accomplish the purposes of the certified 32 Bolsa Chica Local Coastal Program and are in compliance with., the limitations and conditions of that program. 34 (2) That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be 36 issued does not exceed 1 percent of the assessed value.of 37 the 'Lands within the district, based upon the county's 38 latest equalized assessment rolls. --q97 ) (3) That the proceeds of the bonds shall net only be used to aeftuir-e ef eoffAfueet wef4es eT- fffeilitie-s th-a+ underr ,, 92 861 SR 1517 — 50— 1 eou o eity guidelines aftd aye a 1 2 of the f , as 2 3 fog ift agreeffir acquire or 3 4 onstruct public works or public facilities that may be 4 5 defined by applicable county or city guidelines or 5 6 standards or as provided by the development agreement 6 7 specked in Section 149. 7 (b) No bonds shall be issued prior to the adoption of g 9 an affirmative finding on each of the issues set forth in 9 10 subdivision (a) and the board of supervisors concludes 10 11 that the issuance is in the public interest. A certified copy 11 12 of the board of supervisors' resolution shall be filed with 12 13 the clerk of the district, the City Clerk of the City of 1� 14 Huntington Beach, and the Chief of the District 1c 15 Securities Division of the State Treasurer's Office within 1� 16 the 120-day period specified in subdivision (a) . V 17 1. 18 CHAPTER 8. FEDERAL REPAYMENT, WETLANDS 1; 19 RESTORATION, AND BEACH MAINTENANCE DISTRICT, 1! 20 ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS 2 21 2 22 Article 1. Federal Repayment District j 2 23 ; 2 24 Sec. 800. If the district enters into an agreement to 2 25 obtain funds to construct, operate, and maintain a 26 navigable ocean entrance and related facilities pursuant 27 to Section 500, it may establish a federal project 28 repayment district within all or a portion of the district ; 29 to repay all federal costs as agreed to by the parties to the 30 agreement. 31 That district shall consist of lands that will generate 32 revenues from any source, which revenues shall be 33 allocated for deposit in the federal cost-share fund and - 34 used for the purposes for which that fund is established 35 by this act. 36 Sec. 801. The federal repayment district may consist 37 of separate zones of benefit established pursuant to 38 Article 2 (commencing with Section 810) . 39 The types and levels of assessments or charges levied 40 within each zone shall be, as near as is practical, related 92 W 51-1- S3ix��17r 1 to the benefits:received within`each zone. The type-and. 2 level of assessment:or charge shall be uniform within' 3 each zone. 4 Sec. 802. Zones of benefit fQr�ned for,purposes of this 5 article shall be established, altered, 'or. dissolve(! `as 6 .provided in °cle'2 ,(corn'M' enicingI with Section .810) ; 7 except that no zone established as provided in this article , 8 shall be altered or�dissolved so as to impede or hinder the . 9- district frrom'ful g its obligations or responsibilities'as' _ 10 ,a ,-,par ty to any :agreement entered into pursuant .:.to' I 11 Section 500. tll 12 ;! 13 _ Article 2. Zones of benefit ` 14 . ,!! 15 . Sec. 81o. The "trict*i4' establish zones of benefit 16 within any portion' of the'.'terrtoryo f-ted- istrit: Th , h c 17. zones may-. ,be established din "the commissionprovi 18' 'makes either-'of fhefollowing �({' findings: 19 (a) The _land :or inhabitants '_wi the . zone will' 20 receive' special benefit from the .services or programs J!1,! 21 provided within the zone or that special circumstances. 22 require.the district to extend-a service.or a:higher level 23 of service to the area of the zone than that which is 24 required in other portions of the district. . 25 (b) i'he land or inhabitants of the zone may, be.subjeCA 26, to additional charges or ,assessments for the services or 1� 27 ,prograrns extended to the zone or for services which are 28, ,p ovic3ed at a' higher levelthan iri� other areas of the 29 castiiict. . . . 30 Sec. 811. Upon making findings pursuant to Section 31 - 810,' the district may adopt"a resolution of intention to 32 form a zone and to set a date, time, and place for hearing 33 on the.. resolution. 'Notice of hearing- shall be provided 34 purs-dant to Section 6066 .of the Government Code. !(�j 35 Sec. 812. ]Prior to the adoption of a resolution of 36 . intention, the district shall direct the chief executive ;j 37- . officer to prepare a __report describing the area !j 38 recommended for inclusion in the zone, the programs, iR 39 improvements, or services to be undertaken, and an 40 estimate of the amount of cost thereof. The report shall W WO !�� SB 1517 — 52 - 1 include an analysis of the method or alternative methods 1 2 by which funds shall be provided for those programs, 2. 3 improvements, or services, and the amount to be borne 3 4 by each of the inhabitants or landowners within the zone. 4 5 Sec. 813. Upon acceptance of the chief executive 5 6 officer's report and adoption of the resolution of 6 7 intention, copies of the report shall be made available to 7 8 any resident or property owner within the proposed zone - 8 9 and to any other person upon written request. 9 10 Sec. 814. No sooner than 35 days or later than 70 days 10 11 after the adoption of the resolution of intention, the 11 12 district shall hold a hearing and consider protests to the 12 13 formation of the zone. Any time prior to the conclusion 13 14 of the hearing, any resident voter or landowners within 14 15 the district may file a written protest or withdraw a 15 16 protest previously filed. 16 17 Sec. 815. A protest by a resident voter shall contain his 17 18 or her signature and an address sufficient to enable the 18 19 place of residence to be ascertained. A protest by a 19 20 landowner shall contain his or her signature and a 20 21 description of the land owned sufficient to identify the 21 22 land. A public agency owning land within the zone shall 22 23 be deemed a landowner for the purpose of making a 23 24 written protest. - 24 25 Sec. 816. For protests signed by a resident voter, the _ 25 26 secretary of the district shall compare the names of the 26 27 signers against the list of registered voters in the office of 27 28 the county registrar of voters. For protests signed by 2� 29 landowners, the secretary of the district shall compare 2c 30 the names and property descriptions on the protest 3( 31 against the property ownership records of the county 31 32 assessor. 319 33 Sec. 817. At any time prior to the conclusion of the 3e 34 hearing, the district may include or exclude territory J 3� 35 from the proposed zone. If more territory is included, the T 36 district shall continue the hearing for a period of time 3( 37 sufficient for residents or owners of land within the added 3' 38 territory to file protests as provided in Section 814. 3,' 39 Sec. 818. A majority protest shall be deemed to exist 3 40 if the district finds that protests filed and not withdrawn _ 4' 92 920 - 53 — SB 1517 1 prior to the conclusion of the second hearing represents 2 either of the following: .3 (a) More than 50 percent of the voting power of the 4 resident voters residing within the proposed zone. 5 (b) More than 50 percent of the assessed value of the 6 land within the proposed -zone. 7 Sec. 819. If the district finds that a majority protest 8 exists, the proposal to establish a zone shall be abandoned 9 and no new proposal to form a zone, including 10 substantially the same purposes, shall be considered by 11 the district for a period of two years following the date of 12 the conclusion of the hearing. 13 If a majority protest has not been filed, the district, 14 within 35 days of the conclusion of the hearing, shall 15 adopt a resolution approving or disapproving 16 establishment of the proposed zone. 17 Sec. 820. Any proposal to include territory to, or 18 exclude territory from, a zone shall be subject to the same 19 provisions and proceedings as a proposal to establish a 20 zone, except for both of the following: 21 (a) In addition to considering and weighing protests 22 from residents or property owners of the land to be 23 included or excluded, the district shall also consider and 24 weigh the protests of residents and property owners 25 within the zone to or from which the territory is proposed 26 to be included or excluded. 27 (b) If the district finds that a majority protest exists 44, 28 within either the territory or the affected zone or the 29 territory to be included or excluded, the proposed 30 inclusion or exclusion shall be abandoned. The absence or 31 existence of a majority protest shall be determined as 32 provided in Section 809. 33 If a majority protest does not exist, the district shall 34 adopt a resolution approving or disapproving inclusion or 35 exclusion. 36 Sec. 821. Any proposal to dissolve a zone shall be 37 subject to the same proceedings provided for in this 38 article to establish a zone. 39 Sec. 822. A proposal to establish, dissolve, or include 40 or exclUde territory from a zone may be initiated by a 92 940 SB 1517 —54 -- 1 petition containing the signatures of not less than 25 2 percent of the registered voters or landowners 3 representing not less than 25 percent of the assessed 4 value of the territory which would be affected by the 5 proposal. 6 Sec. 823. The secretary of the district, in determining 7 the sufficiency of a petition filed pursuant to Section 813, 8 shall follow the same procedure for evaluating protests as 9 provided by this chapter. Upon certification by the 10 secretary that a petition is sufficient, the district shall 11 undertake proceedings provided for by this chapter. 12 13 CHAPTER 9. ' MISCELLANEOUS 14 - 15 Sec. 900. No reimbursement is required by this act 16 pursuant to Section 6 of Article XIII B of the California 17 Constitution because this act is in accordance with the 18 request of a local agency or school district which desired 19 legislative authority to carry out the program specified in 20 this act and because the other costs which may be 21 incurred by a local agency or school district will be _ 22 incurred because this act creates a new crime or 23 infraction, changes the definition of a crime or infraction, 24 changes the penalty for a crime or infraction, or AW 25 eliminates a crime or infraction. O 92 950 OUTLINE OF BOLSA BAY HARBOR AND CONSERVATION DISTRICT BUDGET AND FUNDING PROVISIONS SB.. 1517 1. The district has 6 accounts to receive funds to fulfill its responsibilities. One is a general fund. (§700(a) ) , three are restricted designated funds for wetlands (§700 (b) and (c) ) , federal cost share (§700(d) ) and the remaining two are for bond redemption (§700 (e) ) and sand replenishment (§700 (f) ) . 2 . The general fund sources are generated primarily from the harbor/marina enterprises by agreement with the State Lands Commission (§400, §415) annual benefit assessments and standby charges. The sources are as follows: A. Revenues from wharf and slip fees (§768). . B. Surcharges on district facilities (§769) . C. Lease revenue (§503 , §507, §415) . D. Rates and fees on district-controlled facilities (§504 (a) -(d) . E. Franchises (§505) . F. Annual benefit assessments (non-bond type) (§751) and limited to 1% on land (§754) . G. Standby and hook-up charges (9760) . H. (Water and sewer fees are designated for city and sanitary district, §602 et seq. ) These revenue sources will provide general funds for transfer to 'the preferential wetlands maintenance and operation fund (§700 (c) , new) , fund designated accounts not fully supported by other funds (§700 (a) to pay fixed obligations (including sand replenishment §710) and general operations and maintenance (700(a) ) . 3 . The wetlands restoration restricted fund is designated to receive funds from any source. This primarily comes from the project proponents including the developers , State and County agencies who must restore wetlands before residential , commercial and public facilities are installed in the wetlands. The primary funding sources are as follows: A. $1800/unit from the mesa (§410) . B. $12 , 000 , 000 initial balance requirement before residential. or commercial development in lowlands i (§409 (b) ) . C. Contributions from entities for off-site mitigation payments (§140 (a) ) . D. Grants '(§140(a) ) . E. Funds placed in this account cannot be transferred to any other fund except wetlands maintenance and operation (§710, §409 (d) . 4 . The wetlands maintenance and operation restricted fund is to provide preferential funding in perpetuity and its funding comes primarily from the following sources: A. All parking fee revenues from all paid parking facilities in the project areas (§767) . B. Appropriations from the general fund (§700(a) and §710) . C. Funds remaining in the wetlands restoration fund (§409 (d) ) . D. Designated grants and contributions (§140 (a) . E. This fund must have a minimum of $100, 000 as needed a year appropriated (§703) . F. Its use is restricted to this use and no other (§710) . • 5 . The Federal cost share fund is created to pay the Federal government for its participation in the project. Its funds sources are: A. Benefit assessments on lands (§730 et sect, §750 et seq. , §800 et seq. ) which are subject to the 1% minimum (§754) . B. Revenues from harbor/marina facilities and operations (§415) . C. Surcharges on wharfs, slips, anchorage and use of other facilities (§769, §415) . D. This is also a restricted fund. 6 . The bond redemption fund is to fund bond payments for major public works and facilities and is limited by the 10 limitation ( §754) . Funding sources are as follows: A. Federal repayment assessments (§730 et seq. ) . B. Improvement and benefit assessments (§750 et seq. ) . C. Bond debt on land_•assessments (§792 et seq. ) . a i 7 . The sand replenishment fund is set-up for funding the project's fair share of the beach sand replenishment costs. The primary source of funding is as follows: A. Surcharges on wharfs, slips, anchorage and harbor facilities use (§769, general fund source 5700 (a) ) . B. General fund appropriations (§700(a) . C. Annual benefit assessments (non-bond type) (§751) ft� subject to the 1% limitation. 8 . The budget process is as follows: A. The district must establish a preliminary budget for all functions by June 15 of each year (§701) . B. By September 15 of each year, the Commission must adopt the final budget, including preferential wetlands operation and maintenance funding (§703) . C. Revenues from wetlands restoration account (5700 (b) , wetlands operation and maintenance (§700 (c) and Federal repayment (§700 (d) ) cannot be transferred to other accounts (§710) unless there is any balance remaining in the restoration account after restoration complete, which has been transferred to wetlands operation and maintenance account (§409 (d) ) . D. A minimum appropriation of $100, 000 as needed must be made for wetlands operation and maintenance (§703 (c) ) . E. If there is not enough funds for funding the ensuing year's budget, the district must raise rates or fees (parking, harbor, marina) or benefit assessments to meet the budget requirements (§710) . Note: District does not receive any portion of the 1% ad valorem tax that is to go to the City pursuant to the City/County tax allocation agreement. BOLSA CHICA 07/01/87 COMPARATIVE LAND USE STATISTICAL SUMMARY Preferred Alternative Primary Roadway Alignment Adopted LCP Adjusted LCP Detailed Net Change Land Use Category Land Use Plan Land Use Plan Land Use Plan In Acres (acres) (acres) (acres) Marina Facilities Marina Basin 37.0 45.63 Marina Parking 7.5 8.30 6 Lane Public Launch Ramp 5.0 6.00 400 Dry Boat Storage 6.5 5.04 Misc. support (boat sales, 4.0 3.67 rental, repairs, chandlery, harbor patrol, fuel dock, roadway) Visitor Serving Facilities 15.0 28.76 (Marina Commercial) Public Access - 2.70 Subtotal 75.0 75.0 97.25 22.3 (79.3) Navigable Main/Sec. Channel 58.7 60.4 47.82 -12.6 Marina Side Channel - 5.77 5.8 Restored Wetland Areas Outer Bolsa Bay - 44.28 MWD Switchyard - 45.29 Central Wetlands - 697.38 Edwards Thumb - 138.01 Subtotal 906.5 906.5 924.96 18.5 Huntington Mesa Riparian 8.5 8.5 0.00 -8.5 ESHA's Dunes along PCH - 7.40 Dunes in Outer Bolsa Bay - 10.85 Dunes in Central Wet. Buffer - 9.55 Subtotal 86.8 27.80 27.8 Wetland Buffer Outer Bolsa Bay Buffer 5.22 Central Wetlands Buffer 3.11 MWO Switchyard 3.98 Subtotal undetermined 12.31 12.3 Parks Linear Park (within 48.5 49.9 44.77 Signal Bolsa Ownership) Local Parks undetermined ® 22.74 Aquatic Park - 11.68 Subtotal 48.5 49.9 79.19 29.3 Residential Acres Yield Acres Yield I - 3.5-6.5 270.3 1757 132.70 863 2 - 6.5-18 83.4 1501 115.61 2081 3 - 18a 112.8 2442 107.05 2756 Subtotal 470.8 5700 484.7 355.36 5700 -129.3 (466.5) Roads 57.5 60.8 73.51 12.7 Flood Control - 16.66 16.7 Water Reservoir - 1.18 1.2 Pump Station - 0.11 0.11 PCH Slope Embankment - 3.27 3.3 Open Space - 0.61 0.61 TOTAL ( 1625.5 ) 1645.8 1645.60 0.0 Notes: I. ( ) indicates acreage planimetered from LCP/LUP exhibit 2. LCP/LUP planimetered acreage of 79.3 acres for visitor serving facilities adjusted to 75.0 acres. 3. LCP roads do not include lowland local collector road contiguous to residential and central wetlands, includes additional 3.3 acres in PCH ROW. 4. AdJusted LCP Land Use Plan area totals adjusted to Williamson and Schmid computed acreages. -• 5. Totals do not include all acreage in the Linear Regional Park or include all acreage required for E.S.H.A.'s. �� j 1LMJDD Uo �:71 FLI&A �J\ MEDIUM DENSITY RESIDENTIAL 'v:_ a +6'� / b�4.�:n�Y,•{o.�I HIGH DENSITY RESIDENTIAL C� HEAVY DENSITY RESIDENTIAL ,G% •Dy ;�' � 4Oc�r�r—: �,° - •/ `,� CMC� NA/COMMERCIAL MART N!R MARINA/RECREATIONXide LOCAL COASTAL PROGRAM.BOLSA P° A/� Wc'T7.AN0 r`l_i �gDac=`u i-� :;grI CH;CA SEGMENT BOUNDARY � �� 4i�,E R -WE{rBOLSA CHfCA STUDY ARFA �` —BOLtNDARY UNE o� `� f' " _ .'°�`,°a8.'w�_ a P LeEm- -2 - -.i - _ 3 _ �. - - REGIONAL f ._ PARK - 3mc t _--- J `— xYxxWiw.NucnOem gx.KCiWM OW+i:St — _ _._ t — — �� CILICA STATE BEACF! OUTER BOLSA I _ BAY/WETLAND Ll NORTH COAST PLANNING LUT �:- .�_w_ LOCAL COASTAL � ""A �.� 9DPn3AWn V. COMPMWARIC*&ANTAL MANAGE)Aan AG8,r-Y -: cam a o-w. � .. ..am--- 2 —��m LEGEND Q� j L FJS-D�I DENSITY RESIDENTIAL �` t] i DENSITY RESDEMTAL I 3 i WAVY DENSITY FIESiDENTW DE NG �� LOCAL COASTAL PROGRAM. ! SASI ND• - - - e9A - _ - -. . K__J Ffd_SA C,itiCA SEGMENT 60'�IDARY L4+IE �'� � i SCLSA CHtCA STUDY AREA Soul NARY LStJEPARK f F#EiiONAL' Os 3 2 , r' " MC W•aaw_�L WERAtD - RfPAN1Atd o - - - _ - .- - - 1• � . -'`� - - - RIPAR}ANAREAMETLAt1D- - - vi 3 3 me — s��°_ a 1 3 BAY �PAORC COAST KI F WAY _ - - - - - BOLSA CHCA STATE SEA'CF NORTH COAST PLANNING UNT Lm©USE pLM LOCAL COASTAL PROGRAM Mwamwpa Am�� ExHAamr s PROPOSED AMENDMENTS FOR CITY COUNCIL CONSIDERATION AT 1/11/88 CITY COUNCIL MEETING DRAFT NO. 3 TIIAYER AMENDMENT (12187) ANRC SEC. 50 (b) If the State Lands Commission determines that its lands or a portion thereof should be included within or (h�I,G460 excluded from the district, the State Lands Commission shall notify the district in writing of that fact and file a legal description of those lands at the time of the notice. JUSTIFICATION FOR STAI=F RECOMMENDATION: The City Council already took action to correct mispelling of the word "excluded" on December 7, 1987 because of this action this amendment proposed is not necessary therefor staff recommends no action. RECOMMENDATION: No action -1- 1'HAYER AMENDMENT (12/87) ANRC SEC. 108.3 "ESHA" means environmentally sensitive habitat area as defined in section 30107.5 of the Public Resource Code. JUSTIt=ICATION FOR STAFF RECOMMENDATION: The term "ESHA" is used many times within the legislation and a definition is necessary to identify the type of area and what limitation is placed on them by Section 30107.5 of the Public Resource Code therefore staff is recommending approval of this proposed amendment. RECOMMENDATION: Approval 7.7 THAYER AMENDMENT (12/87) ANRC SEC. 1 15 "Land Use Plan" "N �bX�d,dddv`fild�'d,ldlX�6tls�X hbl��'a'd��ddibbld�,���l�d�k�l4'nXda�d/a'�'d,U's�ll�Xdd hn��llXds��l�� flXd X�bXrdddr/l�drbftb/+/d�6ddt/�/f�/�J�//7d��/I,�b,�/ut�d b�"dd ki�i�/dd�Xdd1�.�Ei�/�dddd X�/i,t►fii�rt',t.�fid �s6dlXdr/<�t(J1hhd�t�� d �IdGEV�t�lt7.i�ttil�bflyddddib(;f�di/�ycfX�X means the term defined in Section 30108.5 of the Public Resources Code. JUSTIFICATION FOR STAFF RECOMMENDATION: The term "Land Use Plan" is used many times throughout the legislation without a clear distinction of what areas or lands and under whose jurisdiction the property lies. Therefore, it is very important that we retain the prose in the definition that clearly sets forth the fact that the: L.U.P. is within the unincorporated area of Bolsa Chica and does not include property within the corporate boundaries of the-City of Huntington Beach i.e., the MWD property, linear bluff and the Bolsa Chica State Beach Area. Therefore, staff is recommending to reject this proposed amendment. RECOMMENDATION: Reject -3- 7.8 SEC. 1 15.5 "Land Use Plan Study Area" means those lands contained within the Bolsa Chica Study Area Boundary Line as shown in Exhibit 8 of the 1985 Bolsa Chica Local Coastal Program Land Use Plan. The Land Use Plan Study Area includes both the Bolsa Chica Segment Area as well as certain lands within the corporate boundaries of the City of Huntington Beach for planning purposes. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment was suggested by city staff to supplement the definition of "Land Use Plan" to make the clear distinction in the City of Huntington Beach jurisdiction over its territory in the study area as distinguished from the proposed district's territory in the unincorporated county jurisdiction. As this was a city amendment, staff recornmends approval. RECOMMENDATION: Approve -4- BEHRENS AMENDMENT (12/28/87) SIGNAL SEC. 140(a) Carry out and fund implementing action programs /a 6�46VW including assessments on lands and fees and charges on activities, receiving grants from other parties including private persons, entities, public benefit corporations, and public agencies for the purpose of restoring, creating, enhancing and maintaining in perpetuity, the wetlands and environmentally sensitive habitat areas within the coastal zone of Orange County identified by the certified Bolsa Chica Local Coastal Program. JUSTIFICATION FOR STAFF RECOMMENDATION: The amendment being proposed by Signal will broaden the authority of the district and allow it to assess lands, establish fees and charges on enterprise functions that may not E have been taxed by traditional methods and also to receive grants for the purposes of restoring, creating, enhancing and maintaining of wetlands and ESHA's. Staff concurrs with this broadening of authority granted the district as we.feel it will provide additional sources of revenue for the wetlands and ESHA areas. Therefore, staff is recommending approval. RECOMMENDATIONN: Approve -5- 11.2 FOSSUM AMENDMENT (12187) STATE LANDS SEC. 140 (f) Exercise the powers which are expressly granted by this act. Nothing in the i�VViU act authorizes the district to exercise any powers on state lands, without the prior written approval of the State Lands Commission. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment proposes to insert the word "act" for the word "Section." It will limit the districts exercise of powers over State Lands and require that the district receive written approval from the State Lands Commission. City staff has no problem with this amendment. RECOMMENDATION: Approve -6- 11.3 1�17 1RENS AMENDMENT - 1/8/88 - SIGNAL SEC. 140(g) To accept advances of funds or work-in-kind from any source including, but not limited to, private persons, or entities, and may provide, by resolution, for the use of those funds or work-in-kind for wetlands restoration, for major Public Works and Public Facilities, as defined herein; to enter into agreements by resolution with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced or to reimburse for the cost of the work-in-kind, with or without interest as determined by the Harbor Commission. Except as otherwise specified in this subsection (g), the reimbursement agreement shall comply with the requirements of Section 53314.9 of the Government Code (Mello-Roos Act). JUSTIFICATION FOR STAFF RECOMMENDATION: City staff would recommend that the City Council accept the amendment. as written, except for the last sentence which makes reference to the Mello-Roos Law. Staff has concerns that the Mello-Roos Law is to broad and could jeopardize future annexation of the unincorporated portion of the Bolsa Chica Plan area into the City of Huntington Beach. We understand that words could be incorporated into the bill which would limit Mello-Roos Law, but have been advised by City Special Counsel that this limitation may not be enforceable because the Mello-Roos Law, as currently drafted, preempts all other Law. Therefore, staff does not recommend approval at this time, to include reference to Mello-Roos Law in the bill. RECOMMENDATION: Accept amendment, except for last sentence which contains reference to Mello-Roos act. REVISED 1-11-87 -7- 13.5 THAYER AMENDMENT (12187) SEC. 144 If state public trust lands are included within the district, any revenues collected by the district from enterprise functions conducted on state lands, nbf Jr�dddd hbfd�f dr,€�(i/dr�bd�,(�1/d�ldrbltXrl�k��kklr,€'.R�l'dd�bls(t�a/tk/�{ddikX dik,�lddrld'it'dtk,�!�r�l,E�i� O✓s/ lc/t� shall only be allocated or spent for purposes consistent with the public trust as determined by the State Lands Commission. JUSTIFICATION FOR STAFF RECOMMENDATION: It is city special counsel and staff's understanding that this proposed amendment has not been agreed to by all parties, however, the amendment is not objectionable and will not effect the city. Therefore, staff recommends allowing the effected parties to work out details of the amendment, and for the city to take no action. RECOMMENDATION: No Action REVISED I-I i-87 -8- 14.6 THAYER AMENDkIENT (12187) ANRC SEC. 146 No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area as long as the agreement does not conflict with or preempt any provision of the certified Solsa Chica Local Coastal Program or this act. JUSTIFICATION FOR STAFF RECOMMENDATION: This proposal to incorporate the words "or this act" is being proposed to eliminate the possibility of the city, county or district entering into agreements that could have the effect of conflicting with or preempting this legislation. City staff concurred; therefore city staff recommended approval of this provision at the City Council's December 7, 1987 meeting and City Council approved the amendment, therefore no action is necessary at this time. RECOMMENDATION: No Action REVISED 1-11-87 -9- 18.9 THAYER AMENDMENT (12/87) ANRC SEC. 246. M 00/**Nt ICHYrAH Ark/aW1SXiAWN-91 A/rANu 06Y OAH 04Yr/IH Upon receipt of verification from the registrar of voters pursuant to Section 228, and whenever thereafter sufficient change in the population occurs in the district which, in the discretion of the commission, makes it necessary to relocate the boundary or boundaries of any division or divisions, the commission shall, by resolution, relocate the boundary lines of the division or divisions so as to equalize, as nearly as may be practicable, the population in the respective divisions. However, no change in division boundaries shall be made within four months immediately preceding the election of any commissioner, and no change shall work a forfeiture of the office of any commissioner. The relocation of boundary lines of divisions may be made without regard to the places of residence of the commissioners then in office. JUSTIFICATION FOR STAFF RECOMMENDATION: This Section 246 is contained within Article 5 Chapter 2 which had to do with the establishment of districts for the election of each commissioner and as the city had been successful in having the number of commission members set at five with no possibility of expanding the commission. Two of the five commissioners would be elected officials, one from the Huntington Beach City Council and one from the Board of Supervisors. City staff has previously recommended that the entire Article 5 be deleted from the bill. The City Council approved recommending this deletion on December 7, 1987. Therefore staff is recommending that this proposed amendment be rejected. RECOMMENDATION: Reject -10- 18.11 THAYER AMENDMENT (12/87) ANRC SEC. 221 Between Oki ihbkd November 1 and Vik rAJdry/J$ January 31 of each year, the secretary of the district shall inspect the assessable area within the district. At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial, or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary of the district. ib�bl/r/e�de�i��/df/�G�di/IXd�(tlib//#�rfvf/t( /dd�i�,td�ldbf/vldtkhfi/p�u`rkudit�t' � WtA66 2M Any time after that certification, the resident voters registered to vote within the district may petition for a change in the voting procedure from a landowner voter district to a resident voter district. JUSTIFICATION FOR STAFF RECOMMENDATION: The reason for recommending rejection of the second portion of the amendment pertaining to "Upon receipt of verification from the registrar of voters pursuant to Section 228." is because the only other place this provision is written in the bill is Section 246 which the city staff had previously recommended be deleted from the bill and City Council concurred on December 7, 1987; therefore, we recommend retaining city's modification to this provision which is printed below, as well as the change in dates as proposed. RECOMMENDATION: Approve that portion of amendment within paragraph I changing the dates and retain city's paragraph 2 approved (12/87) which reads as follows: At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial, or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary of the district//VJ666, upon receipt of verification from the registrar of voters pursuant to Section 228. REVISED 1-11-87 -1 t- 21.0 THAYER AMENDMENT (12/87) ANItC SEC. 304.5 No bonds, assessments, or obligations which constitute liens, charges, or encumbrances on real property within the district may be incurred or imposed by the district, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. XrX/t�ikl ��ddd111�a�1Sbt ��i�b,�ik�✓dd Xd b/�Xacd�dd'hbt��dn�d t 0/S�ddt�i�d�la'(YW,I�vb�lt�ilb�ll d b�fi�►kYlb�drk/�a�i�b/��f i(r6�at 1`vt�kal l4 JUSTIFICATION FOR STAFF RECOMMENDATION: As the provisions (Sec. 204) of the bill had been previously approved for deletion, which would have allowed the commission to increase its size at some time in the future, staff previously recommended deletion and on December 7, 1987, the City Council approved that recommendation. Therefore no action is necessary on this proposal. RECOMMENDATION: No Action -12- 21.51 I3EHRENS AMENDMENT - 1/8/88 - SIGNAL SEC. 400 The district shall be responsible for securing additional funds to implement and carry out the wetlands restoration plan to the extent that)(project proponents)�federal state, counties, cities and local agencies have not funded, implemented and carried out such plan. Additional funds for implementing and carrying out the wetlands restoration plan shall be secured from assessments, fees or charges on property or activities, including, but not limited to, harbor commercial uses, marina uses, slips, wharfage and on other property and activities within the.Bolsa Chica Land Use Plan Area boundary. To provide assistance to carry out this function, the district may seek contribution from other governmental agencies, persons or entities and to enter into contracts with federal, state, local agencies, project proponents and others to secure funds for the wetlands restoration plan. Nothing herein shall relieve the project (proponents) or appropriate federal, state and local agencies from their obligations to assist in carrying out the wetlands restoration plan. OLD SECTION 400 IS NOW SECTION 401 SEC. 401 The district shall enter into an agreement with the State Lands Commission and the Department of Fish and Game, the owners of any lands within the district, any agency or organization managing the wetlands, and the project proponents to take any and all actions agreed upon to implement wetlands restoration, provide secure funding sources for wetlands restoration and maintenance in perpetuity, and to exercise all of its powers set forth in this act to ensure complete restoration of the wetlands by implementing the wetlands restoration plan in compliance with the Bolsa Chica Local Coastal Program, when certified. JUSTIFICATION FOR STAFF RECOMMENDATION: City staff views this amendment as strengthening the district's ability to secure additional funds from multiple sources for the purpose of restoring wetlands. RECOMMENDATION: Approval - REVISED 1-11-87 -13- 22.51 FOSS(. M AMENDMENT (l 2187) STATE LANDS SEC. 405 The State Lands Commission holds title to in excess of 300 acres of public trust lands within the Bolsa Chica area which are operated and maintained by the Department of Fish and Game as an Ecological Reserve. Notwithstanding any other provision of this act, the State Lands Commission shall have the right of first refusal to accept title to all lands not already owned by the State designated in the Bolsa Chica Land Use Plan for wetlands. If the State Lands Commission does not accept these lands, they may be conveyed to a public agency as provided in the Land Use Plan. JUSTIFICATION FOR STAFF RECOMMENDATION: This section is being suggested by State Lands was to establish a method whereby the title to the wetlands could be accepted. Staff concurrs that the section was needed and feels very strongly that the State Lands commission should be the owner of the Public Trust properties within the Bolsa Chica Area, therefore staff recommended at your December 7, 1987 meeting approval of this provison and City Council concurred. Therefore no action is recommended. RECOMMENDATION: No Action REVISED 1-11-87 -14- �4 i FOSSUM AMENDVIEN f (12187) STA t F LAI^,DS SI C. 406 If the state acquires ownership of additional lands within, tl;(-. district, those lands, 1t the option of the state., sh.-Ill he detached from the distri._t purskjant to suhdivision H) (b) of Section 50. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment is a technical amendment to clean up the legislation to delete a reference "d" to a revised section "b" as the section had been previously amended from "d" to "b". Staff concurrs for the need of this technical change, therefore we recommend approval. RECOMMENDATION: Approve -15- 29.1 BEHRENS AMENDMENT - 1/8/88 - SIGNAL SEC. 409(a) There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86.8 acres of environmentally sensitive habitat areas (ESHAS) created or restored onsite in the Bolsa Chica study area. 41 Wdikk/1/uy Ahk/»UYsb/C"U 4AANON IVIN►l40dd Odd(YrU0lVOS 4l 4 kkk"WQYV kkHVJVd AYyl Y'Nd NOW H"I-ANS<i I/A1V U OYdpWht 1XOYt vtvSAwWOWikAHt( W iNd MAIVU Development in the wetlands area shall occur in phases with phased resotration preceding phased development 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. iL���/���/A'lAf1/�dd AAAfddd��h15,�idd✓lk�l�lac��dddalu��k�s� �r6ds/tAY kb/di��s�ibbl (b) In addition to requirements of the certified Bolsa Chica Local Coastal Program, and before any commercial or residential, development in the lowlands is commenced, the district shall have $12,000,000 on deposit in the wetlands restoration fund (Section 700(b)), including funds received pursuant to Section 410. In lieu of a $12,000,000 cash deposit, such lowlands development may be commenced if a bond or equivalent, as determined by the State Lands Commission, is issued to the district on behalf of the project proponent (s) by a good and sufficient surety for the sum of $12,000,000, less amounts on deposit pursuant to Section 410. The funds on deposit shall be used to pay for the costs of creation or restoration of the wetlands pursuant to the agreement with the State Lands Commission, the Department of Fish and Game, landowners, agency or organization managing the wetlands and project proponents specified in Section 401. Such agreement shall specify that resotration shall be completed by the year 2018. If restoration is not completed by the year 2018 for any reason .including oil operations, any funds remaining shall be applied to completion of the wetlands restoration as soon as practicable as directed by the Departgment of Fish and Game. The amount required to be on the deposit or the bond amount shall be reduced by the the amounts previously expended for wetlands restoration pursuant to the certified Local Coastal Program. -16- BEHRENS AMENDMENT - 1/8/88 - Signal 29.1 - con't (c) The funds deposited in the wetlands restoration fund pursuant to subsection (b) herein, other than amounts deposited pursuant to Section 410, shall be subject to reimbursement to the extent paid by any project proponent provided there are sufficient funds on hand to complete the restoration after deduction of the amount to be reimbursed. (d) In the event there are funds remaining after completion of restoration and reimbursement pursuant to subsection (c), the remaining funds shall be placed in the wetlands maintenance and operation fund (Section 700(c)). Should there be any shortfall in the amount needed for complete restoration, the district shall exercise its powers to raise sufficient funds to complete the restoration. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment provides approximately $8,000,000 in additional revenues for wetlands restoration and provides for reimbursement to project proponents provided sufficient funds are available to restore the wetlands. It has been the position of the city that deletion of Section 41 1 and 412 from the bill and insertion into the bill as Section 409 would require concurrence of both Chairman of the Assembly and the Senate Natural Resources Committee. It is our understanding that Signal is currently seeking concurrence of both chairman regarding these sections of the bill. City staff has reviewed this amendment and believes that its insertion into the bill can strengthen the financial committment by the project proponents (Signal) to wetlands restoration as long as reference to the Bolsa Chica Land Use Plan dated December 1985 remains in the bill to insure the requirement for a minimum of 915 acres of wetlands and 86.8 acres of ESHA area . RECOMMENDATION: Approve amendment with staff changes subject to concurrence by the chairman of the Assembly and Senate Natural Resource Committee. REVISED 1/11/87 -17- 30.5 THAYER AMENDMENT (12187) ANRC SEC. 410. The development rights on the mesa are within the district shall be'.' conditioned on the requirement that, as a condition of sale of each residential unit by the original builder of that unit, the sum of one thousand eight hundred dollars ($1,800) per dwelling unit on the mesa area is deposited in the district's wetlands restoration fund created in subdivision (b) of Section 700. However the initial deposit of one thousand eight hundred dollars ($1,800) per dwelling unit does not in any way limit the district's authority to levy additional JrfrkhhHofNj assessments on the mesa area as may be needed to assure adequate funding to accomplish restoration and maintenance of the wetlands, and environmentally sensitive habitat areas, as specified in the Bolsa Chica Land Use Plan. JUSTIFICATION FOR STAFF RECOMMENDATION: This suggested amendment corrects a prior clerical error that had typed the word "amendments" into Section 410 in lieu of the proper word "assessments." Staff concurrs that this correction is necessary, therefore we are recommending concurrence with this amendment. RECOMMENDATION: Approve -18- - i .A THAYER AMENDMENT (12187) ANRC SEC. 415. The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. The agreement may provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; and the provision of services by the district to benefit state lands. �addAY)kldI/�rl'YtX0dlMYdh/,Yi/-Vt k f)A/)/_k/4V/00AYdrkw/fa/CAf.VY- BEHRENS AiMENDMENT (12187) SIGNAL SEC. 415. The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. The agreement riibj shall provide for the ongoing maintenance and preservation of the restored wetlands, the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit"state lands; and the operation and maintenance of the harbor facility. FOSSUM Ah/1ENDMENT (12187) STATE LANDS SEC. 415 The State Lands Comrrnission, the Department of Fish and Gagne, any agency or organization holding title to or managing the wetlands, and the district shall (;nter into a joint powers or other agreement relating to ffM�r V(-Alj�*Vlp/ kkUbf the property within the respective jurisdictions within Bolsa Chica. The agreement may provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of rnoney and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. _19- 32.5 CITY AMENDMENT (12/87) SEC;. 415. The State Lands Commission, the Department of Fish and Game or any public agency holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. REVISED CITY ADMENDMENT SEC. 415. The State Lands Commission, the Department of Fish and Game or any public agency 6d16kAAA deal holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chir_a. The agreement rAAJ shall provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provision of services by the district to.benefit state lands; and the operation and maintenance of the harbor facility. JUSTIFICATION FOR STAFF RECOMMENDATION: After analysis of these suggested amendments to Section 415 from multiple sources, it was decided that the language for paragraph 1, recommended to and acted upon by City Council at the December 7, 1987 meeting, would stand as staff could not concurr with the new term "jurisdiction" in this provision. City special counsel and staff also concurr with a portion of Signal's suggestion to paragraph 2 establishing a mandatory provision "shall" in lieu of permissive "may" for this provision. Therefore, staff recommends approval of the revised city amendment Section 415 outlined above. RECOMMENDATION: Approval -20- 34.51 CITY STAFF, SPECIAL COUNSEL & FISH AND GAME Sec. 416. The Department of Fish and Game, in cooperation with the State Lands Commission, or any public agency holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall annually adopt a budget and management program to implement t� v��l'1,tihb�t���ldrbltXdd,�l�.d�J/U����i�Gt4�►�/a%�d'�,�/a�rf Xd�lJ�r�iA/r�rh/df(,El��MJd'g'Jd��� �u(1l V�H,lddt YQV0bkAA661AANV l 4/rhkbk/AV X V 0 h6w A A1rhAjdtleA Ah40 404 hts��dr/v'�Ut�ish/dI/�(/f�(v1Y�X�bd��t`ik�vi�ig/vliklSXd/�/d�lbhb�MJb�i,f��',6A�EV�d��Gi�i,�t���t'al1AlG � vS�utXdd h�X�Xi��'d�t'��(/1M k/i /,;E/tb/�'Kd,EkI tilf�( u1 Ad�,�X EbhkXV�b►'�6gda�rhl the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal program, when certified. The parties shall provide, in the agreement described in Section 415, the means by which funds shall be identified and obtained from local and other sources, including the wetlands conservation fund, to administer #tfd/G,/dt/lkfidk/r, ,��d�lbh/�IJaM �i� X►��kdi�/rh�ddlldddddd ����►�a(vW��1>b/�k/�'dd�d d�/�e(�kku�i�tyl the ongoing maintenance and preservation of the wetlands pursuant to the wetlands restoration plan in perpetuity. JUSTIFICATION FOR STAFF RECOMMENDATION: The city staff had suggested this amendment to that portion of paragraph I to create consistency between this section and other sections of the legislation that contain provisions on ownership issue verse the types of agencies and orgainzations managing wetlands. This recommendation was made at the December 7, 1987 meeting and the City Council concurred with the exception of requesting additional information on the Fish and Game proposal No. 32 and 33 appearing in the printed copy provided for your review. Staff previously concurred with Amendments No. 32 and 33 as the amendments would eliminate any misunderstanding that may arise on not requireing Fish and Game to be required to construct (restore) the wetlands. Therefore, staff recommends approval. RECOMMENDATION: Approval -21- 36.65 THAYE R AMENDMENT (12187) ANRC SEC. 500.1 The public shall not be charged for or restricted from use of any navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of environmentally sensitive habitat. Only vessels owned by public entities may use navigable waters restricted pursuant to this section. JUSTIFICATION FOR STAFF RECOMMENDATION: Amendment 36.65 does not include the words "wetlands and" which the city had incorporated in our amendment approved in December 1987. Therefore staff is recommending rejection of this proposed amendment, as navigable waters will have a much greater effect on wetland areas than on upland environmentally sensitive habitat. However, there is a need to revise the city amendment by restructuring and adding the words "or operated". Staff is recommending approval of the revised city amendment. RECOMMENDATION: Approval of City Amendment Sec. 500.1 CITY REVISED AMENDMENT SEC. 500.1 The public shall not be charged for use of any navigable waters or restricted from the use of such navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of wetlands and fenvironmentally sensitive habitat. Only vessels owned or operated by public entities may use navigable waters restricted pursuant to this section. REVISED 1/11/87 -22- 39.5 CITY STAFF AND SPECIAL COUNSEL - 1/7/88 SEC. 509 (a) If a navigable, ocean entrance is authorized and constructed, 4 the district shall be responsible for and shall maintain the ocean entrance and the sand supply to the beaches within the littoral cell from Anaheim Bay to Newport Bay so that the rnean high tide line, taking into account normal seasonal changes, does not retreat landward from the line existing prior to the construction of the ocean entrance]Ak UfddrNddvl AWfd4/$ AU1114dd KrdrkvFNSANdiCVd4IdAi*AHMAfu[6dMWi(HAOa,farArWAN �►fi��lr,(�h/dd bff/dd� drfr/a�hEk/ Upon issuance of all necessary permits and entitlements to construct an ocean entrance, the State Lands Commission shall make an initial determination of the range of the mean high tideline of the beaches which represents normal seasonal changes and shall annually determine the location of mean high tideline for purposes of this section. The State Lands Commission shall make the results of the determination available to the district, county and city and other agencies which file a written request with the State Lands Commission. (b) The district shall provide funding to the State Lands Commission for such studies and surveys as may be necessary for the determination specified in subparagraph (a). (c) The district shall provide secure funding for the maintenance of the sand supply to the beachs as specified in paragraph (a) prior to construction of an ocean entrance. (d) In addition, the district shall participate prorata in the existing or any modified or new federal sand replenishment program and shall be totally responsible for any increase in the costs of the sand replenishment program which is attributable to the ocean entrance. : (e) The district shall also be responsible for the cost of maintenance and operatio Q 1 pp��rr.44°j 40 of any sand bypass systems if required to transfer sand from:onesicle of therharbor protect the beaches from sand loss. (f) Consistent with the other provisions of this Act, to fulfill its responsibilities under this section, the district may seek funding from any source. -23- CITY STAFF AND SPECIAL COUNSEL - 1/7/88 39.5 - con't W Nothing in this section shall relieve the project sponsor, developers or any other person from liability for any damages resulting from interference with littoral processes or from their obligations to mitigate any impacts of an ocean entrance on the beaches as set forth in the certified Bolsa Chica Local Coastal Program. JUSTIF ATION FOR STAFF RECOMMENDATION: This is a city staff and special counsel initiated amendment which establishes the district and project sponsor and developers responsibility for insuring an uninterrupted sand supply to State and City recreational beaches and establishes liability. RECOMMENDATION: APPROVE -24- 40.1 FOSSUM AMENDMENT (12187) STATE LANDS SEC. 605 Neither the district nor the city may impose a water rate or water fee on the delivery, transmission, or provision of unappropriated nonpotable water used in connection with the implementation of the wetlands restoration plan. Except for flood control purposes, the district shall not restrict, direct, or terminate the flow of nonpotable water required for the restoration and for maintenance of the wetlands. Nonpotable water includes, but it/not limited to freshwater runoff frorn the southern bluffs and the Wintersburg Flood Control Channel and tidal waters. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment is being suggested to eliminate the confusion that was originally established by the words "feasible runoff arising" from the original prose by inserting "freshwater runoff" which is the rain water and storm water run-off from the bluffs and Wintersberg Channel. Staff concurrs with this technical correction, therefore we are recommending approval RECOMMENDATION: Approve REVISED 1/11/87 -25- 40.5 SIGNAL LANDMARK SEC. 700(c) A wetlands maintenance and operation fund which shall have funding preference over any other expenditures from the general fund that are not designated to pay fixed obligations. Fixed obligatons shall be limited to long term contracts of a duration exceeding five (5) years and bonded indebtedness for capital facilities, federal cost share repayment, and sand replenishment. hl JUSTIFICATION FOR STAFF RECOMMENDATION: This suggestion by Signal was to amend the provision to establish a priority in appropriation within the district's annual budget by creating a priority on funding second only to fixed obligations whereas the existing provision had established a preference in funding only over itself. Staff concurrs in providing as many sources of funds as possible for the long term wetland and maintenance funding activity and as stated by Russ Behrens at the January 4, 1987 meeting sand replenishment was incorporated as a fixed obligation because of the need of the beach to protect the integrity of the inland wetland area. Therefore, staff recommends approval. RECOMMENDATION: Approve REVISED 1/11/87 -26- 41.2 W HRENS AMENDMENT (12/21/87) SIGNAL SE c'.. 703 By September 15 of each year, the commission shall adopt the final budget, which shall include the preferential funding for wetlands operation and maintenance specified in Section 700 (c) from the general fund. The district shall appropriate annually a minimum of $100,000 for wetlands operation and maintenance if required. Copies of the final budget shall be forwarded to the State Lands Commission, the Department of Fish and Game, the city, and the county. JUSTIFICATION OF STAFF RECOMMENDATION: This amendment is suggested by Signal and the city staff in an attempt to insure that there is preferencial funding for the long term wetlands operation and maintenance functions. Staff concurrs with this proposal to establish additional funding mechanisms for the wetlands maintenance, therefore we recommend approval. RECOMMENDATION: Approve -27- 41.3 I5EHRENS AMENDMENT (12121187) SIGNAL SEC. 710 The Harbor Commission rhAk shall establish the amount necessary forand transfer money from the general fund for wetlands maintenance and operation before it establishes and transfers money for any purpose other than to pay fixed obligations as set forth in Section 700 (c). Also, it may establish and transfer money from the general fund to any other funds it deems necessary to carry out this act and allocate revenues to the funds in lieu of allocating there to the general fund. No revenues specifically allocated to the funds described in subdivision (b), (c), or (d) of Section 700 may be transferred or allocated to any other fund. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment is being proposed by Signal as a mandatory "shall" rather than the permissive "may" to require that the Harbor Commission transfer monies to the wetlands maintenance and operations fund as a second priority only to fixed obligations as established in Section 700(c). Staff concurrs with this change to mandatory and that the general fund priorities will place wetland maintenance and operations high on its list. Therefore we recommend approval of this proposal. RECOMMENDATION: Approve -28- 41.4 THAYl'-R AMENDMENT 02/87) ANRC SEC. 754. Annual assessments and financial obligations imposed pursuant to this act, including, but not limited to, general obligation bonds, revenue bonds, improvement district bonds, and standby charges, shall not exceed 1 percent of the assessed value of the parcel upon which the assessments and financial obligations are imposed, as established by the latest equalized assessment rolls. JUSTIFICATION OF STAFF RECOMMENDATION: The city had been previously successful in having the language established in the bill on the 1 % cap on the general obligation, revenue and improvement district bonds and standby charges of the district as it relates to the total assessed value of all the properties in the district and not just the limitation of 1 % cap on a parcel by parcel basis. It should be understood, however, that this method of assessment for bond repayment is required to be allocated on a direct benefit basis. Therefore, some of the individual low land commercial and residential parcels may be required to carry a more than 1% cap based on their benefit under the provision within this section. The staff concurrs with this limitation as currently existing, therefore, staff is recommending to reject the proposed modification on a parcel by parcel basis. RECOMMENDATION: Reject -29- 4I.6 I1F:IAIZENS AMENDMENT - 1/8/88 - SIGNAL SEC. 792 Subject to the provisions of Sections 140(g), 149, 304.5, 754 and 799 and any other provision or limitation of this act, the district may issue bonds purusant to Section 53345 et seq. of the Government Code (Mello-Roos Act). Should any provision of this act conflict with any provision of the Mello-Roos Community Facilities District Act of 1982, as amended, the provisions of this act shall prevail. JUSTIFICATION FOR STAFF RECOMMENDATION: City staff believes that if city special counsel can concurr that the limitation imposed by this amendment on the Mello-Roos powers are legally enforceable, the city staff would recommend that the district be allowed to use limited Mello-Roos powers. RECOMMENDATION: Final recommendation to be communicated to the City Council Monday evening 1/1 1/88. -30- 4 i .7 A,',IEM--;;.;ENT (12/2i/87) Si-:.NAL /67 dw. 2;-.J of each fiscal year, the cwnrinshon AN! Men di,:. district's f5wince of Acer (.1,2termine if the proceed's of pndOng Res and charges werr-, in cxcem of We costs of norinal operations, inahrenance, and repairs. if die finance of Hcer dMUMAnes an excess exists, the shAl rran--ifer tho ailnourjC (;f fhe excess froin the general funds to the wetlands conservation fund to he ij<(-.,d thereafter for the purposes awl Wks of the WON AJOUMMAMONJO pursuant to Sec. 700(c). JUSTiFICATION FOR STAFF RECOMMENDATION: This amendment is being suggested by Signal to establish a more specific reference and priority of any surplus monies to be transferred to the wetland conservatiori fund withit-I the priority list as established by the more specific Section 700(c). Staff concurrs with this more specificity of this provision, therefore staff recommends approval. RECONIMENDATION: Approve THAYER ANIENDNIDNI' (12/cM ANRC SEC. 798 Mor to the c(ariple0on of die fjVyhQj/,U investigation by the l3iStriCt Securities Division of the State Treanwer's Of ce undenakeli pursuant to this article, the commission shall 5y resolution notify the board of sMwrvAon that it intends to prowde for the issuance of bonds. The resole mi shall be accompanied by a report Which describes the plan of the project to be financed with the proceeds of the bonds in SLIcAl detail as the comity auditor-controller may require and shall also be accompanied by such other information as the auTtol—controlls- may require, including a copy of any report available from the I)AWK Securities Division of the SwiKe Treasurer's Office concerning those proc.ecdings. JUSTIFICATION FOR STAFF RECOMMENDATION: The staff is recommending concurrence with this proposal to correct the rnispelling of "investigation". ApprDvc, -32- THAW;1; AMENDMENT (i 11Q17) ANR.0 SEC. 799(a) (1) That the arnount of th annual assesswents for standby charges. ,,:�xisr.ing bond issues, and bonds to be issued �� � / X<lG��ILiW°t�d�i�tlh��tA,�_l ���s :� ����,+<<•l��t��;1�✓,✓�1������lt�,�✓1✓�t✓✓a�l,n��x����r�r.���r�l�✓�,��1��r,t�;�����-��i.�r✓_�✓a���r.���;���t�✓:✓�r�i N'0A complies with Section 754. JUSTIFICATION FOR STAFF RECOMMENDATION: This amendment will create consistency between this Section and Section 754 by not repeating the I % cap within this section which referenced lands and not property and/or parcel reference to statement Sec. 754, therefore staff is recommending approval RECOMMENDATION: Approve -3 3- S I C N3.L%L. AND C 1 T'V S TA F F SEE. 799A) (3) Thai the procee,-N of the bonds shall Vi' t only be used to loom AWY 6v awnwifl /410 lykA lovAludday ga;A Y x6f,111�'/Cyr/o �VJAMN 4-s'W1 PNv,'l.AH0,.NV kI,, W00 A M WAN Old A I I d I AWAMMON0111 hANNAMMANhy W acquRr or construct major public works oe and public facilities N tv,0 A /V)/--/I/1/)/-41/Ilyli-A-i f V(J V1 y;//Th h hAl/V J 0 0�11 k it V)IV AJ)h/1k k/(Y[-/,�yt6,/6 6 yr-f(/J, I/��N 1-'1W1WV 0 as defined by this act or as further defined by L the development agreement specified in Section 14% W)OC PLJh h Ic- works or major public facilities are defined as: 0) major arterial street, highway and bridge ivnproveriien-.-s (i.e., PCI-1, Warner i'ulra-Garfield Comufcour, Mesa Conmy&&; ;na-,n k,ie cone cliorq distribution alld SUVa�!,,,? f:-I(-ili(ieS (i.e., off-site ,anar xcHs, on-sue storage facdoics aW orp arid off.si-ic di'Ls(rih ' ution systC tl'ietill ji-in seNer Wcchon, ocaw"vit and dkImsal WAKins 6,c,, Boisa-Kar field Connector, (.Oavol [ruin( sewer s;a�cr !ipr,�)vemcvs); v) -IIE"jor -. twqn Naungti dod Hood convu! WAN.-te-s Flood -hanvad, wetlands prOmmon, lik-intington ;n (v) wetlands -,nd I S -1A (VQ reginial public park and run�ahon fanlitks linear regional park, 1 hwirigton Central Parlq regapal Ncyckn and equestricin ti-ai..' System); I (V,1) pu11)1 i c- s I 11 a,II f--,r a I f. !I t"'1-bo r a f I d f);I v i gy a 1)1 c o C(-',A I I (-,1)(r I f i c e la c--i I i t i e s; 410 beach crosivi, ma,,w.c-i mc(-' and OPOAtWHS Of smid b) qx"s; W) po&Q, foe, Wary survinn ."A hinihoun. i 11-V A !-I F I,' S FA I-F PHS q U li pusal t-' -I ! m ChaHo' -h- 10C Of 'In Whih F1 OHI 4WO KW icy :nv I 7w "ady" behy Lned "Mid) hunA n) be rs-V An- qxpov;s No .31- ,S 1 C',NA L A N D CITY STAFF 44. - con't and public facilities with a compron-Ase word "major" being inserted. the word "major" is proposed to restrict bond :rv)mes froin not being used for infrasoucture normaHy requires, of a developer within ,he boundary of a specific development and to develop a definition of what is intended to be "major" type facilities for the total area. Further, require thaF the dendopment agreement between city, county and the Signal Corpor,ition spec-i fically set forth those kems to be constructed vath bond monies. As staff was c-o-anthor and, w- concurr with the change, staff recommends approval. R F C 0 1\4'vI E IN D A T 10 N: Approve -35- BOLSA CHICA 01/11/88 COMPARATIVE LAND USE STATISTICAL SUMMARY Adopted LCP Adjusted LCP Detailed Net Change Land Use Category Land Use Plan Land Use Plan Land Use Plan In Acres (acres) (acres) (acres) Marina Facilities Marina Basin 37.0 46.41 Marina Parking 7.5 8.30 6 Lane Public Launch Ramp 5.0 6.00 400 Dry Boat Storage 6.5 5.04 Misc. support (boat sales, 4.0 3.67 rental, repairs, chandlery, harbor patrol, fuel dock, roadway) Visitor Serving Facilities 15.0 31.34 (Marina Commercial) Public Access - 2.73 Subtotal 75.0 75.00 100.64 25.6 (79.3) Navigable Main/Sec. Channel 58.7 59.94 46.80 -13.1 Marina Side Channel - 5.65 5.7 Restored Wetland Areas Outer Bolsa Bay - 43.90 MWD Switchyard - 45.29 Central Wetlands - 687.64 Edwards Thumb - 138.17 Subtotal 906.5 906.50 915.00 8.5 Huntington Mesa Riparian 8.5 R.50 0.00 -8.5 ESHA's Dunes along PCH - 3.06 Dunes in Outer Bolsa Bay - 10.85 Dunes in Central Wet. Buffer - 7.84 ESHA's in Linear Park - 48.85 Ponds in Central Wetlands - 10.00 Subtotal 80.60 80.6 ESHA's in Linear Park located on Huntington Beach Co. land outside of LCP Study Area 6.20 Subtotal 86.8 86.80 Wetland Buffer Outer Bolsa Bay Buffer 5.17 Central Wetlands Buffer 4.82 Subtotal undetermined 9.99 10.0 Parks Linear Park (within 48.5 49.90 48.85 Signal Bolsa Ownership) Local Parks undetermined 19.61 Aquatic Park - 8.41 Subtotal 48.5 49.90 28.02 -21.9 Residential Acres Yield Acres Yield 1 - 3.5-6.5 270.3 1757 128.05 832 2 - 6.5-18 83.4 1501 72.27 1301 3 - 18+ 112.8 2442 157.05 3567 Subtotal 470.8 5700 484.70 357.37 5700 -127.3 (466.5) Roads 57.5 60.80 76.21 15.4 Flood Control - 16.88 16.9 Water Reservoir - 1.26 1.3 Pump Station - 0.42 0.4 PCH Slope Embankment - 1.79 1.8 Open Space - 4.71 4.7 TOTAL ( 1625.5 ) 1645.34 1645.34 0.0 Notes: 1. (xx.x) indicates acreage planimetered from LCP/LUP exhibit 2. LCP/LUP planimetered acreage of 79.3 acres for visitor serving facilities adjusted to 75.0 acres. 3. LCP roads do not include lowland local collector road contiguous to residential and central wetlands, includes additio^al 3.3 acres in PCH ROW. 4. Adjusted LCP Land Use Plan area totals adjusted to Williamson and Schmid computed acreages. S. Totals do not include all acreage in the Linear Regional Park or include all acreage required for E.S.H.A.'s. 6. Total of 8.3 acres of marina parking provided. 5.45 of 8.3 acres of marina parking provided as freestanding sites. 2.85 of 8.3 acres of marina parking located in residential areas. 7. 6.2 acres of ESHA's on Huntington Reach Company land not calculated as part of total LCP Study Area. i CHARLES CAMS PHOTOJOURNALIST ACTIVE MEMBER 16302 WILDFIRE CIRCLE ooR Wp HUNTINGTON HARBOUR HUNTINGTON BEACH, CA 92649 Published In: 0 7� $ (714) 846-9429 Fishing& Hunting News Seal Magazine Angler Magazine o 1GFA Newsletter 1r Lunker Gazette r0 N 0 The Book "Hook Up" Western Outdoor News Fishing Tackle Trade News January 5 , 1988 Saltwater Sportsman TO : Bolsa Marine Park, Senator Marian Bergeson] Byron Sher, et all FROM: Charles Davis SUBJECT: Request from Balsa Marine Park "Update" : Input I suggest that prior to reading this missive, , that the attached copies of media reporting be read, so as to better understand my meaning in writing. If you have read the attached "horror stories" , it should be readily ap- parrant that man' s tampering with the marine environment has created many areas of disaster . or near disaster. I suggest that ENOUGH should be the watchword. I write as a 10 year property owner in Huntington Harbour, and also as a U. S . Coast guard licensed boat operator since 1945 . During this 43 year period, I have operated boats in and out of every harbor from San Diego, north to Santa Barbara on numerous occasions . Most of the smaller, manmade harbors are know. -to be dangerous during periods of various wind, sea and tidal conditions , and some require almost constant dredging to keep them-open and operable. Among the most dangerous are Morro Bay (see attached from National Fisherman) , Santa Barbara, Ventura, Oxnard and Oceanside. As a seafaring man, I suggest extreme caution, and contact with the Harbor- master before attempting entrance to any of the above harbors . The harbors listed all have in common the fact that they are located in areas where sandy, shallow waters extend well to sea, without protection from local headlands . The proposed entrance to Bolsa Chica, the "Open Ocean Entrance" , as proposed, is far worse , in my opinion, in that the waters are shallow farther to sea, with a very soft sand bottom, and Huntington Beach is justly famous for the size and frequency of waves pounding the shoreline. It is my considered opinion that it is virtually impossible to create a jetty configuration, at this location, which would allow vessels to transit iiyall weather conditions . I also believe that the combination of wave action, shallow inshore waters and the sand would create a condition requiring almost constant dredging, as is now proposed to keep Morro Bay open and free of danger. This is the most feared of all California' s harbors , which has been responsible for many boats sunk, and 20 lives lost since 1980. (see attached) . The existing Huntington Harbour entrance is protected from almost all of the forces noted above, yet still requires frequent dredging to allow passage. Harbors which do . not have the problems noted above, have in common, deep water areas adjacent to their entrances , and include Redondo' s King Harbor and Newport, which both have deepwater canyons nearby. Even so, Newport is considered dangerous in southeast winds and outgoing tides , when they coincide. (please see page 2) FREE LANCE PHOTOGRAPHY COLOR AND BLACK AND WHITE SPECIALTY— OCEAN FISHING Y 1 -L- Perhaps the most damaging aspect of the proposal for another entrance at Bolsa Chica is the potential for a very real traffic disaster. On a num- ber of occasions , U. S. 101, Pacific Coast Hiway, has been inoperable for extended periods of time, due to seawater and sand closures , between Sunset Beach and Huntington Beach. There is a rather narrow sand barrier in this area, and the attached story from the Los Angeles Times , of Jan- uary 1, 1988 , notes that this area is already costing taxpayer one million dollars a year to maintain. With a new jetty complex, I can foresee a combination of circumstances which could cause the loss of this vital arterial forever. If the sand barrier is breached, into Bolsa Chica, or the cliffs at Huntington Beach are undercut, by a combination of high, seasonal tides, a heavy surf and strong onshore winds, we could lose the hiway, and create gridlock on the only alternate roadways between Huntington Beach and Seal Beach, roadways which are already close to maximum capacity during peak traffic hours . A final consideration is the stance of the U. S.Navy, should a second en- trance to the Huntington Harbour complex be accomplished. All of us tran- siting the entrance to Huntington Harbour do so at the pleasure of the 'Navy. We recognize that there is grave concern by the Navy, as to security, and when we read, almost daily, of the situation in the Middle East , where small boats , manned by individuals with hand held missiles , are damaging and sinking large ships , we can recognize their concern. The Navy would have very good reason to revoke transit priveledges to civilian craft, should another means of transit be provided. This would force all Hunt- ington Harbour boats to use the downcoast entrance, several miles distant, and in possibly dangerous sea conditions . What+ I believe to have shown, with what I have written, and the attached newspaper stories , is that we face the dangers of very real disasters , with the possible expenditures of additional millions of dollars of taxpayers money, just to produce another entrance to a working harbor. I suggest that the old axiom, "If it works , don' t fix it" , be applied to Huntington Harbour, lest we all "Have to fix it" . For all of the foregoing reasons , I cannot support SB1517 , and respectfully suggest that it be withdrawn from consideration, until such time as all of the questions posed herein are satisfactorily answered. Very Truly Yours Charles Davis Huntington Harboour �I ORANGE COUNTY EDITION A 0 ,' Sunday Friday,January 1, 1988 CCt/ 160 Pages Copyrigl Different Conclusion ',,,Few Shore Dwellers Eroding ShOrelsneS Local government officials have ; And if things, weren't bad come to quite a different conclusion eppugh, the National Academy of in Suffolk County, N.Y, on Long Sciences last summer warned of Who Island, where in fashionable West worse to come. The sea level, the Hampton, some 200 houses sit A;eademy reported, is expected to deserted on a sand bar barely 500 rise at an unprecedented rate for • feet wide. Over the years, winter the next 100 years, and already Turning storms and a $5-million federal troublesome shoreline problems for® project to hold sand onto an adja- a rp likely to reach disaster level. cent beach has caused the shore to -,That announcement has turned thelide? erode so badly that the homes sit up•the fire on an already heated virtually in the ocean. Water lines debate about how the government are.exposed and the only road has is;,handling the problem, with sci- been washed out. entists and officials at various lev- On the sanity beaches, on clay But instead of letting the houses elay of government saying that, bluffs, loamy uplands, sandstone, fall into the ocean, Suffolk County under present policy, the average cliffs and marshy lowlands, the officials, under the threat of a ta;Ypayer is being forced to spend geologic processes continue—some- $70-million lawsuit by affected millions to bail out a relative F.. times faster, sometimes slower, but homeowners,have approved a con- handful of shore dwellers, real always relentlessly . . . Man may troversial plan to pump sand out of estate developers and private in- ,win a skirmish,but usually loses the the ocean and restore the beach at votors. 'war. a cost of $120 million. Most of the — - -John G.Housley,Army Corps of Engineers inoney—about 70%—would come Currently, the U.S. government By RON HARRIS, from federal funds, while New spends hundreds of millions of Times Staff Writer York state would have to kick in dollars annually on efforts to pro- 21% and Suffolk County, which tect property along the nation's NAGS HEAD, N.C.—The two- benefits most from the process, shores. in virtually every state story wooden beach home would pay only 9%. outside of Alaska and Hawaii,there stands—though just barely—a few -The contrasting decisions in is an ongoing project to hold back feet from the water's edge, tilting Nags Head and Suffolk County the relentless sea, always more precariously on its wooden pilings J point out the dichotomy as commu- than half funded by federal dollars. toward the Atlantic Ocean. Rocked In Florida, the Army Corps of mities, scientists and government Engineers by winter storms, its footing un- estimates $170 million �, officials across the nation struggle dermined by beach erosion, it is has been spent on shore protection $100,000 oil stilts—ready to topple with what to do about retreating since 1970, and millions more are shores that are causing entire into the sea, seemingly at any slated f c or pending projects. coastal areas to disappear into the moment. "We have either constructed or Owners of three other nearby a' recommended a project in every homes in this resort town face the `�'}:. Virtually every mile of U.S. county that has a beach in Florida," shoreline in every state that bor- ;amc problem. Their properties— a Corps spokesman said. second homes that were used ri- 4ers..dn ocean is at risk, as well as p In New Jersey,a project to pump (he shorelines of the eight states on marily as rental property for'vaca- ,the Great Lakes where large sand up along the beach is sched- tioners visiting North Carolina's uled.to rotect 32 miles of shore at Outer Banks—are uninhabitableohufiks of waterfront property p A g ave been lost or damaged as the an estimated cost of $100 million, and have been abandoned. The and in New York, an 82-mile state will not allow the owners to .zr�sult of record-high water levels in recent years. program around Long Island to build sea walls or bulkheads or 0 -Fr.om Maine to Texas, all along place sand on eroding beaches and .other structures for protection. fortify the shore is expected to cost JrThat, they say, would only cause I islands of miles of coastal Barri $200 million. the public beach to erode even r islands where development hass. multiplied in the last decades, bii- And the list of approved or more. liohs of dollars worth of property is completed shore protection proj- Have Two Choices k 6ing laid open to the whims of the ects,mostly beach renourishments, cean as shores retreat at rates of 5 winds on: The owners have two choices. 15 feet a year. —Rockaway Beach, N.Y., 6.2 They can pay to have the homes For example: miles of beach at$51 million; moved. Or they can hope that next _.Sargent, Tex., a 1950s resort —Carolina and Kure Beach,S.C., winter's storms carry the buildings development, has become a ghost 2.5 miles of beach at$24 million; out to sea, e that they can collectunder town as all but two of the 40 homes —Tybee Island, Ga., 2.5 miles of boner the federally subsidized . there have tumbled into the ocean. beach at$11.5 million; tional Flood Insurance Donald Monterey Bay, south of San —Cape May, N.J., 3.5 miles of Nags oes Mayor Donald far Francisco, loses as much as 15 feet beach at$18 million; Bryan ath not want e appear of beach annually to erosion. —Ocean City, Md., 9 miles of unsympathetic, but he simply shrugs at the prospects. Louisiana is shrinking at a rate beach at$45 million; "Anyone who builds [along the o4•60 square miles a year. Whole —Grand Isle,La.,$8 million. shore[ has to recognize that erosion parishes (counties) may disappear In California more th�_70 is continuous," Bryan said. "'They iri"the next .>0 years as a million million is being spent on projects to have to be ready to accept that by a[r.l_es are lost to the sea. _ renouris eac e5 and SC57, al s to either losing their structure to the l' ee property anc roars a on ocean, or by moving that structure s fi an le ro 0 to another location. 'That's our an I rancisco, t e aresc e town's position. It's futile to try to goulg o p ace sand • n the do much else." -beat es a cal Beach.ijuialiag1ali eac an ewport tic ueh L7ect t tat so ar has cost g22 million an es l ha�F, nf ml ioear. �1 " IM And with.the advent of the rising }• �h.r ea level, costs e ex o cos a expected t M a: C .,'Ar.a-. ." .' �° �§ :9x..:'�k:�..S'f,,'g;,�"' ecelerace dramatically. ,,L 'tom:, 'tit•.r<, ,,, ?qua„ .ka #''Ya`� Accordingto the study released i } al� s summer r b the Nation Acad- t's m c e .r•° Y t! Sw. R� InY of Sciences,ices La th'sat s- ti v4,, � : L!V.R, �a ^L. : f 1� 1 h re is warming as a result of the L' ••L°' ' "° �renh usaffect, a prism condi- t �, •fir ion cleated largely b the release ��,,; b Y Y ens:.' 'L l,•; ..y3 ,f carbon monoxide from the burn- >. =.Q,'r <<;;.}' x,,r ': n of fossil fuels. That causes an ' g :30 r)cr as d melting of icebergs and . t-= &{ A.1• �-;=:kt• ..k.w-. 4... expansion of the ocean due t .'�., rtcreased water temperature. t � � '1' e result is a redicted sea rise ,f between two and five feet over '>�:'rs�MMr' �� ;��;� � � -� �• '.; ��": °•� '�""a he next hundred years twice to $ : 'ive times the rate over the last 100 ��;, ;:�.<� �; ;;� �n : ';�,:.,. . �, ears. While there is debate in the r`rrx cientific community over just how `<Y4"t' `: <s Much the rise will be, there is ^� s 1F . s": grcement that it will occur. ' For low-lying areas such as1� 'lorida, for most of the barrier .tt . ;lands along the East Coast and for ome parts of Los Angeles County, Yt��,,r„� < '.'•, ,.�wi:,'i,:i.:•"`�' uch as Venice and Marina del Rey, � ��✓`,r�*Yt.7�'��s� .tee`,• ''k?;"�' !.ki^, (most any increase would have >,��• r> ', ,;: gnificant impact. Just one foot of :a level fist could mean the loss of Los Angeles Times )0 feet of seashore along low-ly- Surfers wade into ocean at Leucadia State Beach in Encinitas, ig beach areas. where sand has washed away and only rocks are left at shore. Increased'flooding will result in _ creased payments under the Na- For years, projects to save onally Flood Insurance Program, shorelines have gone on without hick last year paid$130 million to much criticism. But recently, sci- )astal areas. In California, in- entists and governments have be- �eased flooding could be expected gun to question such expenditure of ong the flood planes of the Los public funds, which, they say, too ngeles, San Gabriel, Santa Clara often goes to protect second homes id Santa Ana Rivers, scientists and investment property or help id. Dikes may have to be built in maintain residences in constantly .y areas, particularly San Fran- flooded areas where development ;co Bay, should not exist. "The impact of storms is magni- "The medium-income person,.as d because the sea is higher,"said a taxpayer, is subsidizing.the sec- ry Zarillo,professor of Occanog- and home of the rich,"' said Jim. )hy at the State University of j Titus of the Environmental Protec- 'w York at Stonybrook. "The tion Agency in Washington and the Ice every) 10-year flood of today leading expert on sea level rise. "It I have the impact of a (once turns out that's what a lot of this �ryj 100-year flood." erosion control really was. end as those conditions occur, cost of protecting the shore `Beaches or Buildings' ler current trends would in- "For the most part, the interest ase dramatically. goes like this: You've got a row of The amount of money that houses or buildings and you've got 're talking about in the future 100 feet of beach.One point of view gles the mind," said Bob Mor- is to say that the ocean-front a geologist with the University i people need that beach or their Texas who works with coastal houses will fall.into the water. The lying for the state. other point is to say that the state 'he initial costs of such projects, owns the beach, and (the public] cials said, are just the tip of the can come and sunbathe on the )erg. In the the 1986 Water beach. The owners say they will ;ources Development Act, Con- put up seawalls and other hard structures to protect their property !ss increased the length of such if something is not done about the )grams from 20 years to 50 years. beach.The sea walls actually cause nflation over such a time span i,+ the beach to erode more quickly ' tored in, the cost of projects to and it will eventually disappear.So, sourish beaches and replace sea the public is extorted to do some- Hs may more than triple. For thing." tance, in Cape May, N.J., an old _ Duke University professor Orin ich city that has become a pilkey, who has led the charge of hotels and condominiums began rist center, the initial cost of Y popping u at a rate approaching }ding up 3.5 miles of beach is$18 normally reluctant scientists into p pl g p " C p g with an additional of the debate, said "it's a question of 2,000 units a year. The city's as- lioncost million to periodically cost - beaches or buildings. If the public sessed property value is now.$4 the sand, normally once every knew what was going on, if they billion. r years. knew about our beaches, they Nighty percent of that property, fowever, if inflation s at 4% wouldn't approve these projects. city officials said, is owned by run 111y, it would cost run million They wouldn't have any sympathy people who don't live there. It is ua $60 a keep putting sand back on for those people living at the made up mostly of second homes, to beach over the life of the beach." 75% of which are used as rental be jebect. Critics of such expenditure point property. Between June and Au- to communities like )Maryland's gust, the city's average daily popu- Ocean City as an example. Ocean lation increases 30-fold to 250,000, City,a tourist town on a nine-mile and it becomes the second largest strip of sand barely a mile wide,has city in Maryland. An estimated 8' been dubbed the "Miami Beach of million tourists dump $1.2 billion the North." Fifteen years ago, annually into the local economy, almost none of what is there now $50 million of.which makes its way existed. in taxes to the state treasury. 13ut recently the city has explod- But Ocean City has a problem. ed. From 1982 to 1986, the town of Developers have built too close only 8,000 averaged just under$100 to the beach_,_which is continuing to million annually in rnnstrurtinn ns Colifillued f,rona Page aG erode at f a rate 0 two fret a year.Ill the winter months,the waves slwih against the huge Sl;oraLon Hotel a �k��'t � and other multi-story buildings- that Inic the beach. A series of f'T'Olns—wOiJdCli and rock stl'UC- x axe S 8 N1 +j 1 Ida;r tn4> yt �'� f { f rn ` tares that jut out into the ocean perpendicular to the beach—has i .KL � 1 .c, i�> L, ';$m a x,E){i y+n s • '' "�F et slowed the erosion somewhat by s , t catching sand moving south along 1 the shore.1 u t not enough. #it ,� `� •y 5< s ' ;u, Yet, despite prospects ite the ros ects of ^S�� k � x damage from storms or inundation from a rising SEiI;deVClOper's Con- 2 � °? 1 �p` a L§ t ey :so l tr�'� s »deal }}}} F 7 tton tY 3 V•yp tiTiUe t0 build r gilt On the beach. ., x m r rgytp a � i '� . s One 170-room hotel less than 100 ' 4# , FW feet from the beach was completed inApril.-Anotheris going up,'now. *i �`� �. �' ' w �2• t � y " :. > i v"" Developers keep building, city 1 planner Jesse Houston said, "be- cause they know the city will,bail �� °e� them out. y��k° �d' v cp4 Yh:1 And with goodreason. "Without Our beaches, we don't t. �� k ,ry have anything, I Layor Fish POW^ i� a;4 °+ rt° -�_ r 4 4'• ^' ` ( „t' on people ell said. 'That's the i as 'e . ',i<�z f.'s'�'.�s'`�"` r,�,"ka.k'+ y%'��� Yj�t.•�; `�,'n, X#,.1�y,op1�, 4�(, J �;.,,� ,�� ��.F ,< � 'f F 1„�.v .i': :; k:,., y•i,'.A+,'"W tCJ,.'d, '�1j3,Aq` ,i��.�:'�,.{ 'A. 9 CowCh "CCC. 3R7l ' ' b. So, the city has gotten approval �+"'�'`�r ��k•��,�°> ��` . �.�'�f; � la,�`'����w �" �)6,A Y, 3t �rA•R. F froln Congress anZI the state for a 1' •.. ': ': Ase�acint4d Yrcas $,1,5-million beach renourishmenL and storm protection program that Erosion around lake Michigan has cl%, raged or destroyed several will nearly triple the width of its houses. like this one at Benton Hbrbor, Mich., in. the past. beach. -- initially, the estate, will pay $15 that benefits most pays the least, million for a 100-foot "recreation- with the federal government al- eroding coast and built too close to al" beach and the federal r(Yovern- ways picking up the lion's share. the shore,destroying the sand dune meet will spend S21 million for an "The question is should the fed- system that is nature's protection additional 170 feet of beach for eral government be involved to the against erosion and storms, and storm and shore protection with degree that it is," said Ben '_Nliere_ then prompting; expensive projects the state adding an additional $5 met, "of the Ocean and ,Coastal to provide that protection. nl!llion. Occan City, meanwhile, Resource Management office of the For example, a recently con- will pay only about$5 million. National Oceanographic Assn. in structed $85-million storm protec- 1,'or the state, which receives Washington. "For example, Vir- Lion project to replace an expansive about $50 million annually in taxes ginia Beach [Va.]makes$20 million beach off Miami leach, Fla„ was from Ocean City tourism, the proj- [a year; in tourism. To renourish needed primarily because the ect makes lots of sense. their beach cost $2 million. The beach and the natural sand dune "Ocean City contributes a great federal government paid 50%n and system had been destroyed, not by deal to the state in tax revenues the state and locals paid 50%. nature, but by hotels which built based on tourism,sales tax,proper- "So, they [Virginia Beach] in- - swimming pools and sun .decks ty tax and other contributions," vested $500,000 to protect a $20- over it. said James Peck, ,assistant ,sec- million-a-year investment. Yet, The beach didn't erode," said. Robert G.Dean,professor of Coast- retary for the state's Department'of the federal governinctit has no say al and Oceanographic Engineering Natural Resources.. oil where the state of Virginia at the University of Florida and That is the common complaint' allows .people to build and then, former director of the state's Divi- among coastal planners, scientists- because of poor planning, they ask,_ si r of 1dir c to and Shores."It was and various government officials, the federal government to bail encapsulated under the hotel decks For Ocean City, a new beach will them out, ensure tourism and increase prop-, But many are asking what would Federal subsidies for coastal de- erty values. Yet, the.community happen if there were no federal,or velopment can further aggravate ._ -_,- the problem of unchecked con- even .state,,bailout for communi- struction. ties. "There are certain provisions "'They haven't been put to that being made in our economic struc test,"said Florida legislator Peter ture that tend to allow people to Wallace of St. Petersburg, "I think build in unsafe areas,"Texas coast- the people who have that invest- al planner Bob Morton said.,"Fed- ment would ultimately try to raise eral subsidies for road construction,. the money to protect it if nobody utilities, 'sewage treatment plants, stepped in." and then federal flood insurance, There are hundreds of communi- all of these things worked to un- ties like Ocean City up and down derwrite'he cost of development in the nation's shore, largely summer' unsafe areas. The unfortunate tourist playgrounds and invest- thing is that the taxpayer pays for meat havens that are now or soon the construction, and then pays to will be looking for funding: South bail these people out." Padre Island in 'Texas; Seabright, One of the chief targets of critics Sandy Hook and Cape May in New, is the National ,Flood Insurance Jersey; Dauphine Island and Gulf Program, established in 19G8 to Shores in Alabama;Hunting island provide insurance for property in and Milton Head,in South Carolina. flood prone areas. The program In *Florida, "everything from was designed to defray Lhe billions Daytona down is one big develop- of dollars the nation was paying out Trent,"a Corps of Engineers official annually to Inland and shore cow- said, munities overcome by flooding. The areas were of such high risk Fager developers, investors and that no private insurance compa- E buyers ignored warnin;s about an nie's would offer coverage. In exchange for offering insur- � ance, the program is supposed to require building standards that ? would limit flood damage to homes, + but critics charge that the system �hzl 'encouraged people to build in "-hazardous areas by insuring and C�twEously, in some communities, y ;rei tv4 t"�icularly cities that rely oil their "There is definitely going to be --paying claims on property that will s tss.and shores as tourist at- pressure to developan area that is .mote eatedl y be dainaged. ^" 1 p > rIo1s, retreat is untenable. For susceptible to flooding,' Blanchard ' Army Corps of hngineers offi- `,',..,<, -,, itls tell story after stogy of homes tc! , F�ow to pay for continuous said. `That's where the crunch sl ;protection programs is a comes. Scientists can give all the camagcd or destroyed by storms ; y� s �., ,� �:>of concern. Some states, facts and opinions. . .but,eyentu- v{h ch are then rebuilt with flood Ceti�F'lorida, have approved a 3% ally,it will boil down to politics." '� "'urance payments in the same ORE tO bed tax which would be used On example 'of that pressure is location, only to be damaged or srs- ,� �ri,each renourishmentefforts. the Town of Kill Devil Hills, I .C., troyed again in the next storm. .,. the prospect of ever-larger whose. 1980 policy of retreat was p I h Oailer Populations hailed by the government and ou,ays for shore protection mov- •-,.,i tat in other, more sparsely pop- academic community as progres- .n , nto the foreground, states and aced areas, it is futile to try to live coastal management. But in ]oc' 1 communities have begun to �fc}back the sea. the winter of 1982, dozens of 'valuate their policies. New �; WOW!�,There •.are no structures that cottages there were washed out to Yot k, Rhode Island, Massachusetts sea,septic tanks were crushed and and New Jersey have initiated a I Witbstand the dynamics creat- 54"t, more water," said Ann , four oceanfront motels were en- i!r.t study:to determine the Y� 1 r er, a federal coastal commis- ---------- ----- --- rilount of investment along,their , i tter,, who oversees the Great shghes,who,.pays for those invest- lcc states."[Such structures]just dangered by shore erosion. and who benefits. ,,� e're trying to de-emotional- .t exist. It can't be dealt with Eventually, after heated debate, 6l'the issue," said Aram Terchu- sically. What's being experi- the town changed its policy and i of the New York Coastal � cd [alongw;the.Great Lakes] is allowed those property owners to hageinent 'Program. "What , at the East and West Coasts are fortify their homes. Nv4;I,c dealing with now is hysteri- i g to have to,deal with in 20 is ,property owners who say, 'My �ar'sr ,`)'Batts why everybody is � )Politics,Emotions "' ,property is falling in the ocean and I i" .9a.bout retreat." Retreat may be the best policy, 'Ant you to save it!'Good decisions ,rile areas have,been taking a said Raymond Sturza, town plan- not based on emotion. Good "�o, at retreat.., In a modified tier for Kill Devil Hills, but in "the visions are based on hard facts r`sion of that approach, the real world"it is often too difficult to =1d hard facts are based on good .al Zone Management Com- enforce, "More often than not, � ience." "sion,established by Congress in those affected adversely by retreat Following 1983 storms that w '2, has been providing federal 1 are the community's most elite, soused more than $100 million in to entice'states to establish wealthy and influential members," ` '" called Sturza said. "Political and econom- ic damages along California's shores, tiding retjuiz'�n�ents cal_cd set- up and down the coast began a S that"yould.limit new level- factors can come into play and t1., QkF1*wF e nrethinking their construction p i tit close''tq the shore.' Con- the issue may become emotional." . )i , uidelines.The state legislatures of > s also,, pa"ssecl-.,the Coastal In Congress, there are numerous 'r;'cgon and Florida have commis- OrI;ier. Rezoning Act to exclude pieces of legislation that deal in � ,irjned compleLe studies of their �� tructionin,undeveloped coast- some form or another with the astlines as they evaluate their tee,- areas from receiving federal =�osion control policies. assistance. ,'Many government officials, shoreline erosion. One bill would 6demicians and scientists—in- "What you can do now is make sure the growth doesn't occur, so revamp the,flood insurance pro- uding the Skidway Institute of you don't have to spend the dollars gram to give property owners ,ceanography—are urging a new in the future to protect that area," money to move homes in "immi- proach. Instead of trying to con- i said'Jeff Blanchard, 'chief planner nent danger" of erosion instead of =6ually hold back the ocean, they mid, a more feasible and economi- I with the San Francisco Bay Con- paying the ,higher claims when servation and Development Com- they go into the ocean. Another approach is to retreat from the mission."Government has the abil- would provide federal loans for ea. affected homeowners. But Con- It's regulate areas for public ,,. It's my feeling that once one health,safety and welfare." gress has given noiattention to sea its to the situation . . . where we level rise. nd these rapid shoreline retreat "Anytim@,there is a new envi- A number of states, like Massa- �tes, lack of dunes and almost ronmental threat, it takes a long chusetts and North Carolina, have time.before Congress sets a policy," `�hstant over-wash during normal limited growth, requiring that any arm activity,then these areas are said Gene Stakieu of the Corps of longer safely habitable, and pew single family houses be built at Engineers. "What they'll find is = refore should not be inhabited," least 30 times the erosion rate from they can't pay for protecting the the dune line and that multi-family Stele Leatherman, coastal [entire] shoreline of the United max. r units like apartment'buildings and ram:. Qlogist groin the University of 3 States. So they'll have to make. hotels be boil. back 60 times the ryland and a consultant to nu- � some decisions about which areas erosion .rate. No efforts- can, be Brous coastal development and are going to have to get priority.', � ,,bre erosion projects. made to build structures to hold �- pack the sea because that further -- It's really a matter of,whether erodes the beach.When houses fall .' jar capital expenditures are into the ocean, they can only be rth the recreational return. rebuilt according to the setback cse people who bought have rules. -' Ioyed the location.But when one While everybody agrees that psiders that indeed the shoreline I setbacks make sense, they have ct�-2noving,that enjoyment has to be Mite,"said Leatherman. ,Wlall serious consequences for individual Construction of hard structures P,,,=c sea walls and bulkheads are property owners, developers and 'ribly expensive, the experts say, beach cities. For the individual a while they may protect some property owner and developers, x• tnes, they accelerate the erosion they reduce the available land for �w,$ : 'construction. For cities, they re- lr„beaches. Eventually all that's duce the amount of high priced =are walls without beaches, and development which could h priced i- .,.� time even the walls must be oplaced. And projects like beach tally expand their tax bases. :. l Consequently, some states, un-, lourishment, though environ-, der pressure from affected devel- = ntaliy sound, are a continuous oilers and 9,T,tonomic drain. 1 property owners, have •a simply drawn Lines in the sand that DtlwiJe face economic and environ- will continue to be overtopped by, Mci tal realities that leave us two floods and eaten away by erosion. chgjccs,'.' Pilkey said. "One, plan aOthers have not developed set- . �..,:•. � j}I le.retreat now, or two, un- backs at al}..- d"i .e a vastly expensive pro- -------- rtit`• if armoring the coastline and, aza r.,uired, retreating through a of unpredictable disasters." 2 NATIONAL FISHERMAN FEBRUARY 1988 :> PACIFIC COAST WATCH act break at. Morro Bay By Brad Matsen Pacific Editor The fishermen of the California coast cringed when they heard Al French died in the breakers off Morro Bay harbor in November. After all, Al was a 40-year veteran on the Pacific grounds with plenty of savvy and a good boat under him. Somehow, though, with people on the shore and surfers watching in horror, a huge swell cap- sized his 42' Langosta Il. She was homeward bound when, according to witnesses, the wave hopped up over the bar outside Morro Bay's twin breakwaters and capsized the boat. "If it hap- pened to Al, it could happen to any of us," says one of his sad colleagues. "He was the most respected man in town, and he was as careful as they come." Al French was the 21 st mariner to die on the Morro Bay bar since 1980. The vic- tims include fishermen, sport and recreational boatmen and, most notoriously, a whale-watching boat from which 32 people — including 26 schoolchildren — were tossed into the sea. The captain, Gerald Weaver, died several months after the acci- dent as a result of injuries from the capsizing,but all the whalewatchers were rescued. The Morro Bay breakwaters were built by the Army Corps of Engineers in 1946, and dredging was confined thereafter to the inner harbor area of the central Califor- I i nia.port. Because dredging outside the breakwaters was not included in the original t j funding proposal for Morro Bay, the-Corps of Engineers has been hamstrung in their i attempts to solve the deadly problem. Three options exist: Extend the current breakwaters; build a third breakwater outside the mouth; or station a dredge outside the existing breakwaters. Of the three, the dredging is the most likely, according to the corps, but even that will take at least , 18 months to get going unless some extraordinary pressure is brought to bear on the corps and Congress. The recent outcry about the bar is not the first, and in the past, resolution has faded in a haze of meetings and aborted plans. Most fishermen agree that no good will be accomplished by pointing fingers at anybody for past tragedies. But enough is enough. The bad break at Morro Bay is killing people with alarming regularity, and a solution is possible. With so much em- phasis on safety regulations and equipment in the business these days,the powers that be ought to find a way to handle this one. Now. Fishermen around the country can help by forwarding letters of Support to the Morro Bay Commercial Fishermen's Association, Box 450, Morro Bay, CA 93442. loop— f NATIONAL FISHERMAN FEBRUARY 1988 6 NF WEST COAST FOCUS FEB.RUARY 1988 In Morro Baynow , ■ ■ shoaling1-atal cap&%sizing spurs By Mick Kronman When Morro Bay's treacherous harbor ' s ' x °` entrance claimed Al French Nov. 9, the total number of people killed in accidents near the harbor mouth during the past eight # �` years rose to 21. Witnesses reported that a wave3p �, s "hopped" over a sandbar outside the bar- P � bor s two sea walls and flipped the n, w �. homeward-bound 42' crab boat. Al's son John and Harvey Minnick clung to the hull � ,:�-. and survived, but French was trapped in- j•a side the vessel, says Lt. Kirk Hoffman, commander of Coast Guard Cutter Point Heyer. Firefighters attempted to revive' French, but he was declared dead at a San :mow, 4jttF �gmi AN ' P P Y Luis Obispo hospital. He was 65 ears old. Hoffman says the rescue diver, 38-year- �- n t •. old Steve Dison, will be nominated fora �— bravery medal for pulling French from the boat after becoming fouled in fishing gear and discarding his scuba tanks. " A 40-year veteran of commercial fishing, Well-known and respected fisherman Al French died when his 42' boat turned over in the French was widely known and respected as often dangerous waters at the entrance to the harbor. a hard-working, skillful and likeable man "Telegram-Tribune" photo by Wayne Nicholls who loved his job, says Jody Giannini, vice president of the Morro Bay Commercial Morro Bay fisherman and member of a task horrifying news on the radio and con- Fishermen's Association(MBCFA).French force probing the harbor entrance problem. templated crossing the bar. "My knees were migrated to Morro Bay from southern "Not only was he the most respected man shakin' so bad, I was too afraid to try it," California in the late 1950s and, among in town, he was as careful as they come." he says. "I went down the coast to Avila other things,helped pioneer the area's rock Skippering his 32-footer, the Henriette, Beach instead." crab fishery. Many fishermen, especially Blue was among a handful of fishermen Following the tragedy, fear, anger and young ones, admired his encyclopedic who braved white-knuckle seas at the har- grief gripped the tiny port. Fishermen not knowledge and willingness to share it. bor mouth on the morning of Nov. 9. Re- only mourned French's death, they won- "If it happened to Al,it could happen to turning 15 minutes behind French's ill-fated dered how to prevent the next accident. any of us," laments Bill Blue, a long-time Langosta II that afternoon, he heard the They say a similar wave could swallow any interim fix,they claim dredging is not a per- vessel coast, are not a source of the problem. manent solution. "Eventually, even if we vessel during stormy winter months ahead, p wait 10 years, we'll need another break- no matter how cautious the operator. In January, results of a year-long „ .� water, says Blue. He adds, however, that Joined by civic leaders and local officials, reconaissance study" performed by the fishermen demanded solutions to long- Corps will be released,announcing whether dredging outside the harbor is long over- standing safety problems at the mouth of the shoaling problem warrants more atten- due, and that the death toll in recent years the central California port, where 15,000- tion and money. If so, an 18-month feas- might have been even worse except for 20,000 commercial fishermen,sport-fishing ibility study will follow, detailing possible heroic efforts by the Harbor Patrol and passengers, sailors and pleasure boatmen solutions. Coast Guard. enter and exit each year. i Basically, explains Cords, there are three The day Al French died, the Harbor firefighters ! Patrol, Coast Guard and local In the eye of a growing political storm sits ways to resolve the problem: extend the t. the federal Army Corps of Engineers. The I length of the two jetties; build a new acted as fast as possible, witnesses say. ! breakwater beyond Hoffman says the Harbor Patrol was on the Corps dredges inside the harbor every two yond them;or dredge outside scene within two minutes. to five years, but some local people say it them. Unfortunately,either of the first two alternatives could cost$20 million, he says. On Nov. 14, MBCFA hosted an event in should have acted long ago to prevent sand Dredging French's honor. Nearly 300 people at- from piling up outside the harbor. With g� g outside the bay would cost tended, including fishermen; wardens and backing from the Morro Bay City Council, $600,000-$1 million every two to three biologists from the California Departmentsand fishermen implored the Corps to find ways years. g to prevent mountainous seas from forming "All indications point to a new dredging of Fish and Game; harbor patrolmen; and scheme," Cords notes. "We be local residents. Donations to the Al.French 200 yards beyond the port's twin sea walls. gan survey- Fishermen say the killer swells, especizy ing outside the harbor [after French's Memorial Fund for Harbor Safety were ac- those from the southwest, rise dangerously death]to determine if a sandbar exists. If it cepted,to galvanize community support for over a sandy shoal then build to vicious, does, we may be able to use an emergency - life-threatening heights when passing over a spot only two fathoms deep. Corps officials solving problems at the harbor mouth, says claim there has always been a shoaling association President Sears. problem,but fishermen say it has worsened provision to act quickly on this matter. The gathering raised $1,800, which, at substantially over the past five years. Emergency action, explains Jared Miller, the request of French's widow,will be used "And while the problem gets worse, the Corps'public relations chief,would de- for lobbying politicians to solve the harbor more people are going in and out of this pend on high-placed Corps officials' ap- entrance problem before it claims more port all the time," warns Fred Sears, proval of a recommendation to extend the lives. Another$500 was donated from Har- MBCFA president. He says the accidents dredging project beyond the sea walls. bor Festival proceeds. kl Although refusing to guess how quickly MBCFA will also will keep occurring until something is done pressure government to remove the excess sand. relief might be available if such a project officials via letter writing campaigns and were undertaken, he says the area could be petition drives, Sears says. Among others, Dredging at Morro Bay has never in- dredged within a year. the San Luis Obispo County Board of eluded areas beyond the sea walls, says A hopper dredge, which sucks up sand Supervisors and Rep. Leon Panetta will be Corps spokesman Don Cords.It just wasn't and mud and hauls it away for disposal, part of the. project description when the would likelybe used for the job, Corps of- asked for their support. Panetta recently fells built the breakwaters and initiated � p characterized the Morro Bay entrance as ficials say. Two techniques are being con- one of the most dangerous on the Califor- dredging in 1946,he claims.Although some sidered. One involves dredging a narrow nia coast. fishermen disagree, Cords says the dredge boat channel;the other would dredge a fan- tailings, which are dumped far down the shaped channel that includes a sand trap to Support letters and donations can be sent ---- keep the inner harbor clean. If the second, to the Morro Bay Commercial Fishermen's more expensive approach is adopted, it Association-Al French, P.O. Box 450, would theoretically eliminate the need for Morro Bay,CA 93442. O dredging inside the bay, Cords says. �41e�enme fn ` THE CITY OF HUNTINGTON BEACH OVERSIZED DOCUMENT ON FILE WITH CITY CLERK r 1 ' REQUEST FOR CITY COUNCIL ACTION Date December 29, 1987 Submitted t6: Q Honorable Mayor and City Council Q A) 80 n f Submitted by: 1 � Paul E. Cook, City Administrator Prepared by: �" �00 James W. Palin, Deputy City Administrator Subject: THE BOLSA BAY HARBOR AND CONSER I N: � DISTRICT—SB 1517 Consistent with Council Policy? VA Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Additional proposed amendment to SB 1517 for City Council review pursuant to Senator Bergeson's commitment that the City of Huntington Beach be given an opportunity to review all amendments before her office would have them printed into the bill for legislative action. RECOMMENDATION: 1. City Council approve and recommend to Senator Bergeson that she include those amendments outlined in Exhibit "A" numbered 7.1, 13.5, 18.11 in part, 30.5, 32.6 compromise only, 41.8, 42.5, 11.2, 24.5, 40.1, 9.51, 41.2, 41.3, 41.7, and reject amendments 7.7, 18.9, 36.65, and 41.6 and take no action on 2.5, 14.6, 21.0, and 22.51. 2. Exhibit B contains amendments continued from the December 7, 1987, Council meeting. Staff recommends that the City Council approve amendments 7.8, 34.51, 40.5 and 44.1 and take no action on 39.5. ANALYSIS: City staff and special counsel will be prepared to review the proposed amendments with the City Council at the January 4, 1988, 5:30 PM study session. These amendments come from a number of sources; (State Lands, Staff of Assembly Natural Resources Committee, City Staff and Signal) therefore, on each amendment the author or requesting agency is listed. PIO 5/85 RCA Page 2 Many of these amendments are technical and for clarification purposes, however, there are a number of amendments included which are intended to strengthen the provision on the maintenance of the ocean entrance as well as beach sand supply and establish provision for sufficient resources for long term operation and maintenance of the wetlands. At the December 7, 1987 Council meeting additional information was requested on on a number of amendments and continued for subsequent action. Amendment 7.8 definition . of Bolsa Chica Land Use Study Area is needed because of its use in the bill. Amendment 34.51 has not been revised subsequent to the December 2, 1987 hearing, however, it is staff's understanding that State Lands requested their amendment 32 and 33 not to weaken wetlands restoration but to require that the wetlands be restored and be a functioning viable habitat prior to their excepting dedication of said lands. Section 509 Amendment 39.5 has been revised to strengthen the responsibility of the district for maintenance of a ocean entrance and sand loss attributable to such a facility, however, staff is recommending no action at this time as there is a need to review with State Lands Staff. Amendment 40.5 set up a priority on funding second only to fixed obligation where as the existing section established a funding preference only over its self. The final amendment continued was 44.1 which has been revised to allow bonds to be used for only major public works and facilities and to include a definition in the bill for Major Public Work and Public Facilities. This definition amendment will be at your January 11, 1988 meeting for review. On new amendment 32.6 as ANRC, State Land and Signal all requested changes to Section 415 which were in addition to amendment 32.51 approved at the December 7, 1987 meeting, staff prepared a compromise amendment to Section 415. All of the other amendments at this session are technical in nature other than Signals which have been proposed to provide additional resources for the long term operation and maintenance of the wetlands. No new information is available at this time on the negotiation between Signal and the Senate Natural Resource Committee staff on new Section 409 (amendment 29) nor the deletion of section 411 and 412 (amendment 31); therefore they have not been included with this R.C.A. Signal has stated their hope to have a major breakthrough on this issue the week of January 4, 1988. Therefore, the Council may be able to review subject compromise at its January 11, 1988 meeting. Staff will be prepared for an update at your January 4, 1988 study session. The amendments that were continued from the December 7, 1987 meeting are printed on blue paper (Exh "B"), the new additional amendment for Council review printed on white paper (Exh "A"), and the proposal from ANRC, State Land and Signal has been printed on pink paper. RCA Page 3 FUNDING SOURCE: None ALTERNATIVE ACTION: 1. Not to endorse all the amendments as outlined. 2. Amend, at the City Council's discretion, any of the amendments proposed herein. 3. After review, direct staff to prepare additional amendments pursuant to City Council discussion. 4. Reject all proposed amendments which may have a delaying effect on the legislation. ATTACHMENTS: 1. New Amendments to Senate Bill 1517, Exhibit A 2. Continued Amendments for Consideration, Exhibit B 3. Requested Amendments 4. Resources Code Sections 30107.5 and 30108.5 JWP:lp 9741d EXHIBIT "A" 2.5 THAYER AMENDMENT (12/87) ANRC SEC. 50 (b)If the State Lands Commission determines that its lands or a portion thereof should be included within or ,ill c(d excluded from the district, the State Lands Commission shall notify the district in writing of that fact and file a legal description of those lands at the time of the notice. Approved as State Lands No_ 2 (7/87) and as amendment 2.5 Exhibit "A" (12/87) RECOMMENDATION: No Action 7.1 THAYER AMENDMENT (12/87) ANRC SEC. 108.3 "ESHA" means environmentally sensitive habitat area as defined in section 30107.5 of the Public Resource Code. RECOMMENDATION: Approval 7.7 THAYER AMENDMENT (12/87) ANRC SEC. 115 "Land Use Plan" �fi/d�fhfr�d/�1�9'� ,iB(7Y08i6ibF/ /9Li� 1����itrbd��/Pb(�/,/��7,I�/�b/1Y�/t/,�6hfYik�fvVdf/ilM�l Bb�1�a'R.IY�,b�'/1L �1d�,d�B7�a'vI/t�bll�,f/Y�/arst�G�Ii15,ili �b �dtfid� s16f9/tM�/ b1/dd�f�thi�g't�dz'i/B�ar�E1Y means the term defined in Section 30108.5 of the Public Resources Code. RECOMMENDATION: Reject 13.5 THAYER AMENDMENT (12/87) SEC. 144 If state public trust lands are included within the district, any revenues collected by the district from enterprise functions conducted on state lands, Abet d AW,1dtivtJWWb(YAd&dMd/fV1HMk dMiRdil shall only be allocated or spent for purposes consistent with the public trust as determined by the State Lands Commission. RECOMMENDATION: Approve 14.6 THAYER AMENDMENT (12/87) ANRC SEC. 146 No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area as long as the agreement does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program or this act. Approved as amendment 14.6 — Exhibit 'B" (12/87) RECOMMENDATION: No Action 18.11 THAYER AMENDMENT (12/87) ANRC SEC. 221 Between YYdtbbWcY November 1 and F/eUr`z'i&j11X8 January 31 of each year, the secretary of the district shall inspect the assessable area within the district. At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial, or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary of the district. XY� �E�d�f�t/r6fhh�tdff¢�fitbSf� lf�tlrf�f/cbfhf �uff/t/�E6 9&df1Ur/72N. Any time after that certification, the resident voters registered to vote within the district may petition for a change in the voting procedure from a landowner voter district to a resident voter district. RECOMMENDATION: Approved that portion of amendment within paragraph 1 and retain city's paragraph 2 approved 12/87) which reads as follows: At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial, or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary of the district!/,Ids[, upon receipt of verification from the registrar of voters pursuant to Section 228. 18.9 THAYER AMENDMENT (12/87) ANRC SEC. 246. / YLd/.ihf�/tYid85�Eti�fJf�/a�slYli'sIMEN.fI' �/tb�hEY�vlf/Sfb .fYi ,iEiE Upon receipt of verification from the registrar of voters pursuant to Section 228, and whenever thereafter sufficient change in the population occurs in the district which, in the discretion of the commission, makes it necessary to relocate the boundary or boundaries of any division or divisions, the commission shall, by resolution, relocate the boundary lines of the division or divisions so as to equalize, as nearly as may be practicable, the population in the respective divisions. However, no change in division boundaries shall be made within four months immediately preceding the election of any commissioner, and no change shall work a forfeiture of the office of any commissioner. The relocation of boundary lines of divisions may be made without regard to the places of residence of the commissioners then in office. This section is within Chapter 2, Article 5 —Approved in 12/87 for deletion from bill RECOMMENDATION: Reject 21.0 THAYER AMENDMENT (12/87) ANRC SEC. 304.5 No bonds, assessments, or obligations which constitute liens, charges, or encumbrances on real property within the district may be incurred or imposed by the district, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. Yv1/YbI,�/�!/a�nIf/YM�/ dt Approved as amendment 21.0 Exhibit 'B" (12/87) RECOMMENDATION: No Action 30.5 THAYER AMENDMENT (12/87) ANRC SEC. 410. The development rights on the mesa are within the district shall be conditioned on the requirement that, as a condition of sale of each residential unit by the original builder of that unit, the sum of one thousand eight hundred dollars ($1,800) per dwelling unit on the mesa area is deposited in the district's wetlands restoration fund created in subdivision (b) of Section 700. However the initial deposit of one thousand eight hundred dollars ($1,800) per dwelling unit does not in any way limit the district's authority to levy additional AMhVdi'nL&M assessments on the mesa area as may be needed to assure adequate funding to accomplish restoration and maintenance of the wetlands, and environmentally sensitive habitat areas, as specified in the Bolsa Chica Land Use Plan. RECOMMENDATION: Approve 32.6 THAYER AMENDMENT (12/87) ANRC SEC. 415. The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. The agreement may provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; and the provision of services by the district to benefit state lands. BEHRENS AMENDMENT (12/87) SIGNAL SEC. 415. The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. The agreement MO shall provide for the ongoing maintenance and preservation of the restored wetlands, the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. FOSSUM AMENDMENT (12/87) STATE LANDS SEC. 415 The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement relating to fY"/tkW¢`iN& ddYY1dY OR#c( fy/WA W)V6W1( MYdai the property within the respective jurisdictions within Bolsa Chica. The agreement may provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. 32.6 CITY AMENDMENT (12/87) SEC. 415. The State Lands Commission, the Department of Fish and Game or any public agency btW&vti LUM holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. COMPROMISE SEC. 415. The State Lands Commission, the Department of Fish and Game or any public agency &/&&PIYiLU6h holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement relating to fY>wit/f, a��ii'sfb/ b'd�Yst�9dluGdtYvitS/Bh115�a' OMMAI the property under their respective authorities within Bolsa Chica. The agreement &Ny shall provide for, among other things, the ongoing maintenance and preservation of the restored wetlands; the allocation of money and revenue collected from district and state lands; the provision of services by the district to benefit state lands; and the operation and maintenance of the harbor facility. RECOMMENDATION: Approve 36.65 THAYER AMENDMENT (12/87) ANRC SEC. 500.1 The public shall not be charged for or restricted from use of any navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of environmentally sensitive habitat. Only vessels owned by public entities may use navigable waters restricted pursuant to this section. 36.7 CITY SEC. 500.1 The public shall not be charged for or restricted from use of any navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of wetlands and environmentally sensitive habitat. Only vessels owned by public entities may use navigable waters restricted pursuant to this section. Approved as amendment 36.7 12187 RECOMMENDATION: Reject 41.6 THAYER AMENDMENT (12/87) ANRC SEC. 754. Annual assessments and financial obligations imposed pursuant to this act, including, but not limited to, general obligation bonds, revenue bonds, improvement district bonds, and standby charges, shall not exceed 1 percent of the assessed value of the parcel OtbWtf.*IhfA4Y' AUe(IdYshti(dY upon which the assessments and financial obligations are imposed, as established by the latest equalized assessment rolls. RECOMMENDATION: Reject 41.8 THAYER AMENDMENT (12/87) ANRC SEC. 798 Prior to the completion of the YAkh§Vt§ti6V 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 those proceedings. RECOMMENDATION: Approve 42.5 THAYER AMENDMENT (12/87) ANRC SEC. 799(a) (2) - That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be issued db�arslibfd�/� �d/d/¢bb'd�fi�lGf/iYslsl�d �G, kl9/tiH�/lfa'vfd�/�6✓�/trb(vbl/tfil�/¢Itsttl��dt�/X�'a�st�d/�bfnl/YME//Ebtfvfi�l8�/l�al1t�81/��G�Yifi�dd/�5���.6�(tl f6HY complies with Section 754. RECOMMENDATION: Approve a 11.2 FOSSUM AMENDMENT (12/87) STATE LANDS SEC. 140 (f) Exercise the powers which are expressly granted by this act. Nothing in the MbUbU act authorizes the district to exercise any powers on state lands without the prior written approval of the State Lands Commission. RECOMMENDATION: Approve 22.51 FOSSUM AMENDMENT (12/87) STATE LANDS SEC. 405 The State Lands Commission holds title to in excess of 300 acres of public trust lands within the Bolsa Chica area which are operated and maintained by the Department of Fish and Game as an Ecological Reserve. Notwithstanding any other provision of this act, the State Lands Commission shall have the right of first refusal to accept title to all lands not already owned by the State designated in the Bolsa Chica Land Use Plan for wetlands. If the State Lands Commission does not accept these lands, they may be conveyed to a public agency as provided in the Land Use Plan. Approved by city 12/87 as amendment 22.5 RECOMMENDATION: No Action 24.5 FOSSUM AMENDMENT (12/87) STATE LANDS SEC. 406 If the state acquires ownership of additional lands within the district, those lands, at the option of the state, shall be detached from the district pursuant to subdivision (dj(b) of Section 50. RECOMMENDATION: Approve 40.1 FOSSUM AMENDMENT (12/87) STATE LANDS SEC. 605 Neither the district nor the city may impose a water rate or water fee on the delivery, transmission, or provision of unappropriated nonpotable water used in connection with the implementation of the wetlands restoration plan. Except for flood control purposes, the district shall not restrict, direct, or terminate the flow of nonpotable water required for the restoration and for maintenance of the wetlands. Nonpotable water includes, but YY not limited to fAWb'Wtt Vdff1dfYsrMg freshwater runoff from the southern bluffs and the Wintersburg Flood Control Channel and tidal waters. RECOMMENDATION: Approve 9.51 BEHRENS AMENDMENT (12/28/87) SIGNAL SEC. 140(a) Carry out and fund implementing actioin programs f6/t&"d, including assessments on lands and fees and charges on activities, receiving grants from other parties including private persons, entities, public benefit corporations, and public agencies for the purpose of restoring, creating, enhancing and maintaining in perpetuity, the wetlands and environmentally sensitive habitat areas within the coastal zone of Orange County identified by the certified Bolsa Chica Local Coastal Program. RECOMMENDATION: Approve 41.2 BEHRENS AMENDMENT (12/21/87) SIGNAL SEC. 703 By September 15 of each year, the commission shall adopt the final budget, which shall include the preferential funding for wetlands operation and maintenance specified in Section 700 (c) from the general fund. Copies of the final budget shall be forwarded to the State Lands Commission, the Department of Fish and Game, the city, and the county. RECOMMENDATION: Approve 41.3 BEHRENS AMENDMENT (12/21/87) SIGNAL SEC. 710 The Harbor Commission zVo shall establish the amount necessary forand transfer money from the general fund for wetlands maintenance and operation before it establishes and transfers for any purpose other than to pay fixed obligations as set forth in Section 700 (c). Also, it may establish and transfer money from the general fund to any other funds it deems necessary to carry out this act and allocate revenues to the funds in lieu of allocating them to the general fund. No revenues specifically allocated to the funds described in subdivision (b), (c), or (d) of Section 700 may be transferred or allocated to any other fund. RECOMMENDATION: Approve 41.7 BEHRENS AMENDMENT (12/21/87) SIGNAL SEC. 767 At the end of each fiscal year, the commission shall direct the district's finance officer to determine if the proceeds of parking fees and charges were in excess of the costs of normal operations, maintenance, and repairs. If the finance officer determines an excess exists, the commission shall transfer the amount of the excess from the general funds to the wetlands conservation fund to be used thereafter for the purposes and duties of the district A&ObVYddd1YYY f4O(WA Q�6krSbS�K�fvtgl�i✓��tMISI�E�iAO(��pursuant to Sec. 700(c). RECOMMENDATION: Approve EXHIBIT B 7. 8 SEC. 115.5 "Land Use Plan Study Area" means thos .lands contained within the Bolsa Chica Study Area Boundary Line as shown in Exhibit 8 of the 1985 Bolsa Chica Local Coastal Program Land Use Plan. The Land Use Plan Study Area includes both the Bolsa Chica Segment Area as well as certain lands within the corporate boundaries of the City of Huntington Beach for planning purposes. RECOMMENDATION: Approve AMENDMENT TO SB 1517 34 . 51 Sec. 416 . The Department of Fish and Game, in cooperation with the State Lands Commission, or any public agency holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall annually adopt a budget and management program to implement the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal program, when certified. The parties shall provide, in the agreement described in Section 415, the means by which funds shall be identified and obtained from local and other sources, including the wetlands conservation fund, to administer the ongoing maintenance and preservation of the wetlands pursuant to the wetlands restoration plan in perpetuity. City, Special Counsel and Staff 39 . 5 1 �J` CITY SPECIAL COUNSEL AND STAFF Section 509: Sec. 509 . (a) If an ocean entrance is authorized and constructed, the district shall be responsible for and shall maintain the ocean entrance and the sand supply to the beaches within the littoral cell from Anaheim Bay to Newport Bay so that the mean high tide line does not retreat landward from the line existing prior to the construction of the ocean entrance, as determined by the State Band Lands Commission. (b) The district shall provide secure funding for the maintenance of the sand supply to the beaches beach prior to construction of an ocean entrance. (1) The District may seek funding from any source including assessments, fees or charges on lands or activities within the Bolsa Chica Land Use area. - In addition the district shall participate pro-rata in the existing or any modified or new federal sand replenishment program and shall be responsible for any increase in the costs of the sand replenishment program which is attributable to the ocean entrance. i 1 (c) The district shall also be responsible for the cost of maintenance and operation of any sand bypass systems if required to transfer sand from one side of the harbor entrance to the other and any structures if required to protect the beaches from sand loss. (d) Nothing in 'this section shall relieve the project sponsors, developers or any other person from liability for any damages resulting from interference with littoral processes or from their obligations to mitigate any impacts of an ocean entrance on the beaches as set forth in the certified Bolsa Chica Local Coastal Program. RECOMMENDATION: No Action -2- 40 . 5 E SIGNAL LANDMARK SEC. 700(c) A wetlands maintenance and operation fund which shall have funding preference over any other expenditures from the general fund that are not designated to pay fixed obligations. Fixed obligatons include contracts and bonded indebtedness for capital facilities, federal cost share repayment, and sand replenishment RECOMMENDATION: Approve 44 . 1 SIGNAL AND CITY STAFF SEC. 799 (a) (3) That the proceeds of the bonds shall gif only be used to acquire or construct major public works df and public facilities �g/ fd�fd�d/h /fM�/��d/d�fXYn�d/�tfKt� as defined by this act or as further defined by the development agreement specified in Section 149 . RECOMMENDATION: Approve TECHNICAL AMENDMENTS TO SENATE BILL NO. 1517 Section 108.3. "ESHA" means environmentally sensitive habitat as defined in section 30107.5 of the Public Resources Code. Section 110.5. Sections 304.5 and 701 use "harbor commission" as defined in this section. There are numerous other references in the 200's and the 700's to "commission" when "harbor commission appears to be warranted. Shouldn't the terminology be consistent through out. Section 115. Amend to read: (There doesn't seem to be any remaining use of the term hand use plan" as presently defined. ) Sec. 115. "Land use plan" means the term defined in Section 30108.5 of the Public Resources Code. Section 50. Amend P. 7, line 27 to spell "excluded" correctly. Section 144. Amend to read: Sec. 144. If state public trust lands are included within the district, any revenues collected by the district from enterprise functions conducted on state lands, net Heeded to defray nermal eperat}nq expenses related to state aet}v}t}es eeHdaeted 4n the d4str4et; shall only be allocated or sptnt for purposes consistent with the public trust as determined by the State Lands Commission. Section 146. Amend to read: Sec. 146. No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area as long as the agreement does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program or this act. Sec. 221. Amend to read: Sec. 221. Between Beeefber November 1 and February 28 January 31 of each year, the secretary of the district shall inspect the assessable area within the district. At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential , industrial , or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary of the district. Upon reee4pt of Yer4fteat4en frem the registrar of Peters pursuant to Seet4eH 228- Any time after that certification, the resident voters registered to vote within the district may petition for a change in the voting procedure from a landowner voter district to a resident voter district. Section 246. Amend to read: Sec. 246. At the tiFRe the district is established as a res}deHt voter district Upon receipt of verification from the registrar of voters pursuant to Section 228, and whenever thereafter sufficient change in the population occurs in the district which, in the discretion of the commission, makes it necessary to relocate the boundary or boundaries of any division or divisions, the commission shall , by resolution, relocate the boundary lines of the division or divisions so as to equalize, as nearly as may be practicable, the population in the respective divisions. However, no change in division boundaries shall be made within four months immediately preceding the election of any commissioner, and no change shall work a forfeiture of the office of any commissioner. The relocation of boundary lines of divisions may be made without regard to the places of residence of the commissioners then in office. Section 304.5. Amend to read: Sec. 304.5. No bonds , assessments, or obligations which constitute liens, charges, or encumbrances on real property within the district may be incurred or imposed by the district, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. In the event the harber eemf4ss4en 4s enlarged pursuant to Seet4eR 294; twe peb4ie R3efbers shad a€€4nmat4vety vete €en sueh €}naRe4al bends; assessments; er ebl4gat4ens: Section 410. Amend P. 31, line 40 to read: amendments assessments on the mesa area as may be needed to Section 415. Amend P. 33, lines 6,7,8 to read: collected from district and state lands; and the provision of services by the district to benefit state lands# and the eperat�en and rna4nteRanee e€ the barber €ae€lity. Section 421. Amend P. 34, line 2 to spell "governing" correctly. Section 500.1. Add new section to read: Sec. 500.1. The public shall not be charged for or restricted from use of any navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of environmentally sensitive habitat. Only vessels owned by public entities may use navigable waters restricted pursuant to this section. Section 754. Amend to read: Section 754. Annual assessments and financial obligations imposed pursuant to this act, including, but not limited to, general obligation bonds, revenue bonds, improvement district bonds, and standby charges, shall not exceed 1 percent of the assessed value of the parcel prepenty w}tb}R the d4str4et upon which the assessments and financial obligations are imposed, as established by the latest equalized assessment rolls. Section 798. Amend P. 49, line 11 to spell "investigation" correctly. Section 799. is amended to read: Sec. 799. (a) 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: (1) The extent to which the facilities or works to be acquired or constructed with the proceeds of the bonds are needed to accomplish the purposes of the certified Bolsa Chica Local Coastal Program and are in compliance with the limitations and conditions of that program. (2) That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be issued does Rot exeeed 1 pereent of the assessed Yalae of the lands w4tb4R the d4str4et; based epeR the eouRty's latest egeat}Eed assessment wells complies with Section 754. (3) That the proceeds of the bonds shall only a used to acquire or construct public works or public facilities that may be defined by applicable county or city guidelines or standards or as provided by the development agreement specified in Section 149. (b) No bonds shall be issued prior to the adoption of an affirmative finding on each of the issues set forth in subdivision (a) and the board of supervisors 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 in subdivision (a). Plus "force-out" section providing for competitive bidding on contracts over a certain amount. Fok S'LC USE ' STATE bANDS COMMISSION 'th St.reet RETURN 55814 ORIGINAF, ( 916 ) 322-4105 TOSS ielecopter! ' 916 ) V)1--�568 TELECOPIER MESSAGE C-2i DAT� PLEASE DFLIVEn FROM ; [All The document you are searching for has not been imaged and cannot be viewed electronically. For information on how to locate this document for viewing, please contact or visit the City Clerk' s Office for assistance. 2000 Main Street 2nd Floor — City Hall Huntington Beach CA, 92648 (714) 536-5227 The document you are searching for has not been imaged and cannot be viewed electronically. For information on how to locate this document for viewing, please contact or visit the City Clerk' s Office for assistance. 2000 Main Street 2nd Floor — City Hall Huntington Beach CA, 92648 (714) 536-5227 The document you are searching for has not been imaged and cannot be viewed electronically. For information on how to locate this document for viewing, please contact or visit the City Clerk' s Office for assistance. 2000 Main Street 2nd Floor — City Hall Huntington Beach CA, 92648 (714) 536-5227 The document you are searching for has not been imaged and cannot be viewed electronically. For information on how to locate this document for viewing, please contact or visit the City Clerk' s Office for assistance. 2000 Main Street 2nd Floor — City Hall Huntington Beach CA, 92648 (714) 536-5227 k�•' a R ,t §30106 CALIFORNIA COASTAL ACT ' NOTES OF DECISIONS bec, Under Pub. Resources Code, §27420, subd. (b), ative conversion is not a"subdivision" pursuant to COIL requiring a regional commission to give written the Subdivision Map Act (Gov. Code, §66410), dev, public notice"of the nature of the proposed devel- over which the commission is entitled to exercise $ opment" following an application for a permit, a jurisdiction, then it is necessarily within the pur- Addo notice that a public hearing was scheduled on a view of Pub. Resources Code, §30106, which Cr request "to permit construction of an eight-unit provides that a "change in the density or intensity apartment building" at a specified address was of use of land" constituting a "development" adequate to comply with the statutory requirement subject to the commission's jurisdiction also in- and due process, and gave sufficient notice that a cludes "any other division of land including lot § tree located on the property would be removed splits." Moreover, Pub. Resources Code, §30009, .c 1 and a building thereon would be demolished. The specifies that the Coastal Act shall be liberally Ff .i notice was not insufficient for failure to specifically construed to accomplish its purposes and objec- ma] refer to removal of the tree and demolition of the tives; one such objective is the protection of, and building, or to state that two adjacent lots were provision for, housing opportunities for low and eco involved, as notice of the pending construction of moderate income persons within the coastal zone. Add the eight-unit apartment building would put any Conversion of existing apartments into stock coop- recipient on inquiry, which inquiry would have eratives may have an impact of concern in this C{ disclosed the facts stated in the application for a area of commission interest. Accordingly, stock ' permit that three lots were involved, and that the., cooperative conversions are subject to the permit ` plan for the development was inconsistent with the requirements of the Coastal Act as falling within ; a continued existence of the tree and dwelling. Ken- the ambit of"any other division of land." Califor- § �,a nedy v South Coast Regional Coastal Zone Con- nia Coastal Com. v Quanta Investment Corp. ccF: ' servation Com. (1977)68 CAM660, 137 Cal Rptr (1980) 113 CAM 579, 170 Cal Rptr 263. ¢, Ac 396• In view of Pub. Resources Code, §30600, subd. The remodeling of a commercial building located (a), providing that any person wishing to perform Add within the protected coastal zone to include a or undertake any development in the coastal zone second floor restaurant constituted a development must obtain a coastal development permit, and ;1a for purposes of the Coastal Act of 1976 (Pub Res Pub. Resources Code, §30106, defining develop- § 3 C §30106), and a coastal development permit was ment as the placement or erection of any solid „ thus required. The term "development" includes material or structure, greenhouses constitute a increases in intensity of use resulting from in- development under the coastal act for which requi- p11 creased automobile and pedestrian traffic and is site permits must be obtained. Delucchi v County not limited to only increases in square footage of of Santa Cruz (1986, 6th Dist) 179 Cal App 3d r use. Stanson v San Diego Coast Regional Com. 814, 225 Cal Rptr 43. Ad, (1980) 101 CAM 38, 161 Cal Rptr 392. An 18,000 gallon propane tank was a "develop- In an application by the California Coastal Com- ment" subject to the permit requirement of the mission for a preliminary injunction to restrain the coastal act under Pub. Resources Code, §30103, § ` conversion of certain apartments to stock coopera- defining development to mean the placement or c` l+n tives in the coastal zone without permits from the erection of any solid material or structure, with no commission, the trial court erred in concluding exclusion provided for movable structures or per- g. that a stock cooperative conversion did not consti- sonal property. Halaco Engineering Co. v South cc, tute a division of land within the meaning of Pub. Central Coast Regional Com. (1986)42 Cal 3d 52, S)I1 (. Resources Code, §30106. Because a stock cooper- 227 Cal Rptr 667, 720 P2d 15. Ar 3c, L § 30107. "Energy facility" fit} "Energy facility" means any public or private processing, producing, $' generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. Added Stats 1976 ch 1330 § 1. i4 e , § 30107.5. "Environmentally sensitive area" 1. "Environmentally sensitive area" means any area in which plant or li f animal life or their habitats are either rare or especially valuable A IA 152 aA h' _ e DEFINITIONS §30108.5 because of their special nature or role in an ecosystem and which :rsuant to = could be easily disturbed or degraded by human activities and 66410), exercise exercise developments. the pur- Added Stats 1976 ch 1331 §3. o. which Cross References: _ intensity !opment" "Sensitive resource values": §30525. also in- cding lot 3 to § 30108. "Feasible" � � liberally "Feasible" means capable of being accomplished in a successful j b of,i and manner within a reasonable period of time, taking into account low and economic, environmental, social, and technological factors. ,ial zone. Added Stats 1976 ch 1330 § 1. wk coop- i in this Collateral References: lv, stock Cal Jur 3d Pollution and Conservation Laws §200. ,e permit i• within '(_alifor- § 30108.1. "Federal coastal act" it Corp. "Federal coastal act" means the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et se as amended. perform Added Stats 1981 ch 1173 § 1. oal zone nit, and develop- § 30108.2. "Fill" ny solid "Fill" means earth or any other substance or material, including ;titute a ;h requi- pilings placed for the purposes of erecting structures thereon, placed County in a submerged area. App 3d i Added Stats 1976 ch 1330 § 1. of the the 3t)103, § 30108.4. "Implementing actions" 3 t- ,lent or "Implementing actions" means the ordinances, regulations, or pro- with no grams which implement either the provisions of the certified local as�n v coastal program or the policies of this division and which are 1 3d 52, + submitted pursuant to Section 30502. Added Stats 1976 ch 1330 § 1. Cross References: Designation of sensitive coastal resource areas; implementing actions by local ' coastal programs: §30502. k' ,c,ing, -lclty, § 30108.5. "Land use plan" "Land use plan" means the relevant portions of a local government's general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a `- nt or listing of-implementing actions. liable Added Stats 1976 ch 1330 § 1; Amended Stats 1976 ch 1331 §3.1. . 153 _I 1 REQUEST FOR CITY COUNCIL ACTION Date December 2, 1987 410 Submitted to: Honorable Mayor and City Council ®N 11®1`80 ,P(�*�r'10 Submitted by: Paul E. Cook, City Administrator Prepared by: James W. Palin, Deputy City Administrator 50 �� o SeSS10, V% Subject: s C40.1 The Bolsa Bay Harbor and Conservation District — SB 1517 5 n*-I® n 'rl'P4 �c % A'Vat.es Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Stpr*�vs �► Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Senator Bergeson carried over Senate Bill 1517 at the August 17, 1987 Assembly Natural Resource Committee meeting because of numerous last minute amendments that had not been reviewed for concurrence by the city or other agencies and groups. This action made SB 1517 a two year bill. It was Senator Bergeson's desire that all groups have an opportunity to thoroughly review and discuss the amendments and submitt those amendments that City Council concurrs with to her office during the month of December 1987. 'RECOMMENDATION: City Council accept and recommend to Senator Bergeson that she, include those amendments outlined in exhibit "A" numbered 2, 2.5, 9.5, 14.5, 17.5, 18.1, 18.2, 18.3, 18.4, 21.5, 21.6, 42 and 43„ and reject amendments 18.5, 18.6, 18.7, 18.8, 32.5, 34.5, 36.5, 41, 44 and take no action on 29 and 31, for those amendments printed in the August 17, 1987 draft of Senate Bill 1517. Approve new additional amendments as outlined in exhibit "B" numbered, 18.51, 21.0, 22.5, 32.51, 34.51, 36.6, 36.7, 40.5, and 41.1 and take no action on 44.1 and 39.5 at this time. ANALYSIS: The city staff and special counsel will be prepared to review the proposed amendments with the City Council at the December 7, 1987, study session. Subsequent to the August 17, 1987 Natural Resource Committee meeting, staff and Signal Landmark representatives held a number of meetings to discuss the amendments proposed for inclusion in the August 17, 1987 version of SB 1517 which are outlined on Exhibit "C". The majority of these amendments, State Lands amendments, Signal's amendments as well as some prior city amendments were previously reviewed and endorsed by the City Council with such action being communicated to Senator Bergeson's office. Exhibit "C" also incorporated other amendments which the City Council had not reviewed for a recommendation. Staff has prepared exhibit "A" which sets forth these amendments in an attempt to reduce the confusion in review by typing the section from the bill as it is being affected by the proposed amendment. Staff has discussed these amendments with Y the City's Special Counsel, Katherine Stone, and it was the consensus that the City Council accept all the amendments outlined in exhibit "A" except 18.5, 18.6, 18.7, 18.8, 29, 31, 32.5, 34.5, 36.5, 41, and 44. E PIO 5/85 RCA 11/30/87 Staff feels that amendments 18.5 through 18.8 are not necessary now that the bill only authorizes three commissioners to be elected within the district and as the district is extremely small therefore the election should be at large. Article 5 of Chapter 2 in its entirety should be deleted. As to Section 32.5, 34.5 and 41, staff has concern with that portion of these amendments having to do with the ownership aspect of the wetlands and has therefore recommended that the City Council not concur with the August 17, 1987 draft. However, Special Counsel and staff has developed alternative language as set forth in exhibit "B" attached hereto for the type of ownership versus management of these wetland areas. The staff of the Senate Natural Resource Committee has not yet agreed to the new section of 409 (amendment #29) nor the deletion of Section 411 and 412 (amendment #31). Therefore, based upon staff's prior committment, we are recommending no action on these amendments until there is concurrence by the Senate Committee staff. On amendment 36.5, staff is now recommending that the last sentence of Section 500 be deleted. There is a new amendment within exhibit "B" to replace this sentence. In regard to amendment 44, staff is concerned now that the bonds procedure shall only be used to acquire or construct public facilities there needs to be a tie between what facilities the bond procedures may be used for and what infrastructure is required by the State Map Act and local subdivision ordinances. Therefore, we have a new amendment for your consideration in exhibit "B", but recommend no action at this time. Exhibit "B" contains additional amendments being proposed for inclusion into SB 1517. As stated previously in this report, these amendments are for clarification and technical purposes to correct and eliminate conflict within the bill as well as substitute for those amendments as outlined above. There are also additional amendments being proposed by the Assembly Natural Resources Committee Staff for inclusion into SB 1517, however, as. we have just received them on November 30, 1987, we will bring them back to the City Council at the December 21, 1987 meeting for review and action. FUNDING SOURCE: None ALTERNATIVE ACTION: 1. Not to endorse all the amendments as outlined. 2. Amend, at the City Council's desire, any of the amendments proposed herein. 3. After review, direct staff to amend new additional amendments pursuant to City Council discussion. 4. Reject all proposed amendments which may have a delaying effect on the legislation. i I -2- E - RCA 11/30/87 ATTACHMENTS: 1. Amendments to Senate Bill 1517, Exhibit A 2. New Amendments for Consideration, Exhibit B 3. August 12, 1987 Amendments to Senate Bill 1517, Exhibit C 4. Senate Bill 1517 J W P:lp 2097r -3- EXHIBIT "A" AMENDMENTS TO SENATE BILL 1517 2 Sec. 4 . The Legislature further finds and declares that no provision of this act is intended to preempt or otherwise interfere with the jurisdiction of the City of huntington Beach the State Lands Commission, the California Coastal Commission, the Department of Fish and Game, and the Department of Parks and Recreation . No provision of this act is intended to preempt the California Coastal Act of 1976 (Division 20 (commencing with Section 30000 ) Public Resources Code), i )(¢¢/s5t/Xp1,701 or the provisions of the certified Bolsa ' Chica Land Use Plan. i i Article 2 . Boundary Description i 2 . 5 Sec. 50 . (b) If the State Lands Commission determines that its lands , or a portion thereof should be included within or excluded from the district in writing of that fact and file a legal description of X¢¢/x¢pi¢¢ those lands at the time of the notice. Upon receipt of that notice And a 'L certified copy of the legal description, the district d1 �A -1- shall adopt a resolution setting forth the legal description of that land and confirming the fact that the described lands are 0XYJ XFf included within or excluded from the district . Within 10 days thereafter , a certified copy of the resolution shall be filed with the local agency formation commission of the county, at which time incorporation or detachment shall be deemed complete. Article 4 . Establishment and Purposes 9 . 5 Sec. 140 . (a) Carry out and fund implementing action programs to restore, create, enhance, and maintain in perpetuity the wetlands and environmentally sensitive habitat areas within the coastal zone of Orange County, identified by the certified Bolsa Chica Local Coastal program. 14 .5 Sec . 146 . No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area, as long as the agreement does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program. Chapter 2 . Internal Organization Article 1 . General Provisions 17 . 5 w -2- X`¢¢¢�J�f�,�9�Y��/�'Y�f�J�¢��`¢/f�}�¢/T'�1�A�}�¢J�/9��/¢¢A�►A��'�`�`�¢1�¢k�¢/f�9� Sec. 204 . All commissioners shall be electors of the county. 18 .1 Sec . 221. Between December 1 and February 28 of each year, the secretary of the district shall inspect the assessable area within the district 18 . 2 At that time when at least 50 percent of the assessable area within the district is devoted to and developed for residential, industrial , or nonagricultural commercial use, or any combination thereof, that fact shall be certified to the commission by the secretary if the district. Upon receipt of verification from the registrar of voters pursuant to Section 228. 18 . 3 Sec . 231 . ¢/ '¢ `/ ¢x '/ ¢fJ�X¢ /A�¢¢¢�' / 9�XX9�Y�,i'i�S� After the preparation of the certificate, the district shall hold a meeting and shall adopt a -3- resolution declaring that all future elections in the district shall be conducted as a resident voter district 18 . 4 rather than a landowner voter election . If at all possible, the meeting shall be held in time to allow residents to qualify as resident voters in the next district election. Article 5 . Establishing Divisions 18 . 5 Sec. 240 . The district may be divided into as many divisions as there are elected commissioners of the district . The establishment of the divisions and the boundaries thereof shall be made by the board of supervisors, which shall make that division, if requested, by a resolution passed by a majority of the commission or upon a petition signed by a majority of eligible voters within the boundaries of the district. The resolution or petition shall be filed with - the board of supervisors at 18 . 6 least XXO 150 days before the next general district 18 . 7 election. No petition shall be filed any later than 150 days preceding the next general district election. 18 . 8 Sec . 245 . At least $$ 120 days prior to the next general district election, the board of supervisors shall designate the divisions from which commissioners shall be elected. The number designated shall equal the number of commissioners to be elected at that election. At the next succeeding general district election, the commissioners shall be elected from the remaining division. Chapter 3 . General Powers 21 .5 -4- k Chapter 4 . Wetlands Conservation and State Lands Article 1 . Restoration of Wetlands and Transfer of Additional lands to State 21 . 6 Sec. 400 . The district shall enter into an agreement with the State Lands Commission and the Department of Fish and Game, the owners of any lands within the district, any agency or organization managing the wetlands, and the project proponents to take any and all actions agreed upon to implement wetlands restoration, Provide secure funding sources for wetlands restoration and maintenance in perpetuity, and to exercise all of its Powers set forth in this act to ensure complete restoration of the wetlands by implementing the wetlands restoration plan in compliance with the Bolsa Chica Local Coastal Program, when certified. Article 2 . Relationship Between Wetlands Restoration and Development 29 Sec. 409 . There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86.8 acres of environmentally sensitive habitat areas created or restored onsite in the Bolsa Chica study area, as required by the Bolsa Chica Land Use Plan dated December 1985, and conditionally certified by the coastal commission. All development within the Bolsa Chica study area shall be in conformance with the Wetlands Restoration Plan prepared as Part of the Bolsa Chica Local Coastal Program and with the biological resources management components policies of the Bolsa Chica Land Use Plan. Any changes to the Bolsa Chica Land Use Plan are subject to the review and approval of the coastal commission. i -5- r 31 Article 3 . Agreement between the District, the State Lands Commission, the Department of Fish and Game, and other agencies or organizations 32 . 5 Sec. 415 . The State Lands Commission, the Department of Fish and Game, any agency or organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other agreement XY0 relating to their respective parcels of property within Bolsa Chica. -6- I 34 . 5 Sec. 416 . The Department of Fish and Game, in cooperation with the State Lands Commission, any agency or organization holding title to or managing the wetlands, and the district shall annually adopt a budget and management program to implement �LpI¢/y4 }C� yI the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal program, when certified. The parties shall provide, in the agreement described in Section 415 , the means by which funds shall be identified and obtained from local and other sources , including the wetlands conservation fund, to administer the ongoing maintenance and preservation of the wetlands pursuant to the wetlands restoration plan in perpetuity. Chapter 5 . Small Craft Harbor Operations 36 . 5 Sec. 500 . If an ocean entrance and harbor facilities are approved in accordance with applicable laws, the district may enter into agreements or contracts to operate, maintain, construct , or develop all, or any portion, of these facilities with any federal or state agency, county, city, district , or any combination thereof, having jurisdiction over or authority to manage those ocean entrance and harbor facilities . Nothing in this chapter requires any of the above governmental entities to enter into agreements or contracts with the I district even if the governmental entities acknowledge and agree that the operation of the small craft harbor will -7- i involve the district and private parties and that the activities of all involved parties shall , be coordinated. The district shall not exercise its powers in a manner which unreasonably restricts the public from navigation upon navigable waters within the ocean entrance and harbor facilities . Chapter 7 . Financial Provisions Article 1 . Annual Budget 41 Sec. 701 . On or before June 15 of each year , the commission shall adopt a preliminary budget which shall conform to the accounting procedures for special districts of the California Administrative Code . Copies of the preliminary budget shall be forwarded to the State Lands Commission, the Department of Fish and Game, and any agency or organization holding title to or managing the wetlands, by July 1 of each year for their review consistent with the budget responsibilities set forth in Section 416 . The agencies shall have 30 days in which to review the preliminary budget and to provide comments to the harbor commission on the adequacy and sufficiency of the budget for contribution to the funds identified in subdivisions (b) and (c) of Section 700 . Sec . 799 . (a) No later than 120 days following receipt of the district 's resolution of intention, the board of supervisors shall be resolution make findings regarding the following: (1 ) The extent to which the facilities or works to be acquired or constructed with the proceeds of the bonds are needed to accomplish the purposes of the certified Bolsa Chica Local Coastal Program and are in compliance with the limitations and conditions .of that program. -8- 42 ( 2 ) That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be issued does not exceed 1 percent of the assessed value of the lands within the district, based upon the county 's latest equalized assessment rolls'. 43 ( 3 ) That the proceeds of the bonds shall ¢¢¢ 44 only be used to ¢ � ¢¢/¢ /¢¢�¢¢ �¢¢/�¢¢ ¢/¢ acquire or construct public works or public facilities that may be defined by applicable county or city guidelines or standards or as provided by the development agreement specified in Section 149 . 9500d -9- 1 7 . 8 EXHIBIT B Page 9 , line 34 . 5: Insert Section 115. 5: (All new) "Section 115.5 "Land Use Plan Study Area" means those lands contained within the Bolsa Chica Study Area Boundary Line as shown in Exhibit 8 of the 1985 Bolsa Chica Local Coastal Program Land Use Plan. The Land Use Plan Study Area includes both the Bolsa Chica Segment Area as well as certain lands within the - corporate boundaries of the City of Huntington Beach for planning purposes. " City, Jim Palin I V f 11. 1 Page 12 , lines 11-15 Section 140 (c) . Enter into agreements with the State to provide desired services which may include, but are not limited to, the authority to construct, maintain, operate, and administer the facilities of a small craft harbor landward of the Bolsa Chica ocean entrance. State Lands Commission, Curt Fossum 14 . 6 Page 14 , lines 12-19 Section 146. No provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state, or federal agency and a private person affecting the Bolsa Chica area as long as the agreement does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program or this act. Staff ANRC, Paul Thayer Article 2 . Election of the First Commission 18 . 0 Sec . 212 The first commission shall classify Drafted itself by lot so that two commissioners shall hold by City office until the last Firday in November 1988 , and XY�00 one commissioners shall hold office until the last Friday in November 1990 . f r AMENDMENT TO SB 1517 18 . 51 City, Special Counsel and Staff Chapter 3 . General Powers 21 . 0 Sec . 304 . 5 No bonds, assessments , or obligations Drafted which constitute liens, charges, or encumbrances on by City real property within the district may be incurred or imposed by the district, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. 22 . 5 Page 30, line 27 . 5 (All new) Section 405. The State Lands Commission holds title to in excess of 300 acres of public trust lands within the Bolsa Chica area which are operated and maintained by the Department of Fish and Game as an Ecological Reserve. Notwithstanding any other provision of this act, the State Lands Commission shall have the right of first refusal to accept title to all lands not already owned by the State designated in the Bolsa Chica Land Use Plan for wetlands. If the State Lands Commission does not accept these lands, they may be conveyed to an agency or organization as provided in the Land Use Plan. State Lands Commission, Curt Fossum i f f i I i AMENDMENT TO SB 1517 32 . 51 Sec . 415 . The State Lands Commission, the Department of Fish and Game, or any public agency holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall enter into a joint powers or other agreement relating to their respective parcels of property within Bolsa Chica. City, Special Counsel and Staff ia AMENDMENT TO SB 1517 34 .51 Sec. 416 . The Department of Fish and Game, in cooperation with the State Lands Commission, or any public agency holding title to the wetlands , or agency or organization managing the wetlands pursuant to Sec. 400, and the district shall annually adopt a budget and management program to implement the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal program, when certified. The parties shall provide, in the agreement described in Section 415 , the means by which funds shall be identified and obtained from local and other sources , including the wetlands conservation fund, to administers /� X / �YX� /�X �/ � / the ongoing maintenance and preservation of the wetlands pursuant to the wetlands restoration plan in perpetuity. City, Special Counsel and Staff I r 36 . 6 Page 35, lines '6-11 Insert: Section 500. If an ocean entrance and harbor facilities are approved in accrodance with applicable laws, the district may develop, construct, operate and maintain all, or any Portion of these facilities, provided agreements are entered into by the district regarding such activities with appropriate federal state or local agencies, the Count cit or any combination thereof. Nothing in this chapter requires any of the above governmental entities to enter into agreements or contracts with the district even if the governmental entities acknowledge and agree that the operation of the small craft harbor will involve the district and private parties and that the activities of all involved parties shall be coordinated. State Lands Commission, Curt Fossum Added on by City: the district may �fe/r/i�if�/a/ kk( �qftls/ kJc��/t��� �kb/dp�dr/a/t,���t/ii�dtf�/id�(bb/ik�`dJdt/4�� ¢(dqd 60 develop, construct, operate and maintain all, or any portion of these facilities, vkYW�Od provided agreements are entered into by the district regarding such activities, with appropriate federal, oV state or local agencies, the county, city, OVs Vibt`, or any combination thereof d� �fih�lju'►�i�blddibh/dddr/b�lal��tahbkildyl#�lr�i�l���klds�l�� d. �►fi�`da/ra'da'�.fit�ll�drMdr/fia��>�ttlik�. 36 . 7 Page 35, line 20 (All new) Section 500. 1. The public shall not be charged for or restricted from use of any navigable waters within the Land Use Plan Study Area except for health and safety purposes or protection of wetlands and environmentally sensitive habitat. Only vessels owned or operated by public entities may use navigable waters restricted pursuant to this Section. Staff ANRC, Paul Thayer 4 o 39 . 5 Page 37 , lines 27-35 Section 509. If a navigable ocean entrance is authorized and constructed, the district shall be responsible for maintenance of the ocean entrance and sand replenishment in order to maintain the sand supply to the beaches within the littoral cell from Anaheim Bay to Newport Bay consistent with the provisions of the certified Bolsa Chica Local Coastal Program in the following manner: (a) the district shall participate pro rata in the existing federal sand replenishment program based upon the lineal length of shoreline occupied by the navigable ocean entrance and including areas to accommodate the wave shadow effect within the Bolsa Chica Land Use Study Area. Should the existing federal sand replenishment program be modified or terminated and a new program developed, then the district shall participate in such modified or new program on the same pro rata basis with the City, State and County; and (b) the district shall be responsible for any increase in the costs of the sand replenishment program described in subsection (a) which is attributable to sand loss caused by the presence of a navigable ocean entrance within the Bolsa Chica Land Use Plan Study Area, and the district shall bear the burden of showing whether those increased costs are attributable to causes other than the navigable ocean entrance. In addition to the above, the district shall also be responsible to pay for the cost of maintenance and operation of the navigable ocean entrance system that are not paid for by federal, state, county, cities and other local agencies as follows: (a) any sand bypass system, if required, to transfer sand from one side of the harbor entrance to the other; (b) all maintenance, dredging and operations of the ocean harbor entrance including off-shore breakwater and required , jetties and the harbor facilities as defined by- -e1 i's- ac_t�-. V. Payment shall be funded by the district by assessments, fees or charges on lands or activities within the Bolsa Chica Land Use Plan area boundary. Said assessments may be established consistent within the benefits derived from a harbor entrance for those lands and activities including, but not limited to, harbor commercial uses, marina uses, slips and wharfage and waterfront residences. i f To provide assistance to carry out the responsibilities in this Section, the district may seek contribution from other governmental agencies, persons or entities. Also, the district may enter into contracts in addition to the Federal program with project sponsors, Federal, State and local agencies to secure funds to carry out the responsibilities set forth above. Nothing herein shall relieve the project sponsors from their obligations to mitigate sand supply as set forth in the certified Bolsa Chica Coastal Program, including the cost of construction, maintenance or operation of any sand bypass system, if required, to transfer sand from one side of the harbor entrance to the other. Staff City of Huntington Beach, Jim Palin Signal Landmark, Russ Behrens, Mel Malkoff State Lands, Curt Fossum i i 40 . 5 Page 41, line_19=20 Section 700 (c) . A wetlands maintenance and operation fund which shall have funding preference over any other expenditures from the general fund that are not designated to pay " fixe"Z� obligations. Fixed obligations include contracts an on _e indebtedness for capital facilities federal cost share -tepayment, and sand replenishment. Signal Landmark, Russ Behrens 1155700c.amd 11/16/87 I I i AMENDMENT TO SB 1517 41 . 1 Sec. 701 . On or before June 15 of each year , the commission shall adopt a preliminary budget which shall conform to the accounting procedures for special districts of the California Administrative Code . Copies of the preliminary budget shall be forwarded to the State Lands Commission, the Department of Fish and Game, or any public agency q1 /yS �,�¢ , �'�6pI holding title to the wetlands, or agency or organization managing the wetlands pursuant to Sec. 400 by July 1 of each year for their review consistent with the budget responsibilities set forth in Section 416 . The agencies shall have 30 days in which to review the preliminary budget and to provide comments to the harbor commission on the adequacy and sufficiency of the budget for contribution to the funds identified in subdivisions (b) and (c ) of Section 700 . City, Special Counsel and Staff II i AMENDMENT TO SB 1517 ( 2 ) That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be issued does not exceed 1 percent of the assessed value of the lands within the district, based upon the county 's latest equalized assessment rolls . ( 3) That the proceeds of the bonds shall ¢¢¢ only be used to ¢ ¢¢¢¢/¢ /¢¢ ¢¢ �¢¢/�¢ ¢/¢ 44 . 1 acquire or construct public works or public facilities that are not required to be construced by a subdivider of land in conjunction with a development project pursuant to the State Development Act and implementing County and City Subdivision Ordinances or that may be more specifically defined by applicable county or city guidelines or standards and outlined within the development agreement specified in Section 149 . City, Special Counsel and Staff AUG 12 10:Ct6 ASSr'. CALUER01,1 /�vV 1 D T $?2;&P�- .12: 2 9 FECOBD 0 3 ;F: EXHIBIT C `R2 87 021831 PAGE NO. 1 ' Substantive _ AMENDMENTS TO SENATE BILL NO. 1517 AS AMENDED IN SENATE JUNE 9, 1987 Amendment i On page 3, line 23, strike out the blank and 0-1insert : 30237 Amendment 2 (,� on page 4, line 16, strike out ", or to" strike out lines 17 to 22, inclusive, and insert: or -the provisions of the certified Bolsa Chica Land Use Plan Amendment 2.5 On page 7, strike out lines 17 to 20, inclusive, in line 21 , strike out " (d) " and insert: (b) Amendment 3 �• � • On page •7, line 22, after "within" insert: }Y or excluded from Amendment 4 On page 7, line 25, strike out "its lands within the district" and insert : � those lands Amendment 5 �• • On page 70 line 29, strike out "within" and insert: 'X 3 included Vithin or excluded tron Amendment 6 On page 7, line 33, after "incorporatioan .P6 insert: or detachment Amendment 7 On page 8, strike out lines 11 and 12 t AUG 12 '87 10:07 ASS`r". 1._ALDERON P.3 � 65879 87223 12: 29 NECORD # 4� BF: R 87 021831 PIGS NO. 2 ; Amendment 7. 5 is•4 • On page 8, between lines 29 and 30, insert: jr7 Sec. 110.5. "Harbor commission" means the Bolsa Bay Harbor and conservation District Commission. Amendment 8 .`j•4 • On page 10 , line 31, after "includes" insert : � any and Amendsent 9 on page 10 , between lines 33 and 34, insert: 47 • • Sec. 120.5. "State Lands Commission" means the state agency holding title to and samagement authority and reaponsibil,ity over the state's sovereign and public trust lands. Amendment 9. 5 N ECj on page 11 , line 27, after "restore, ' insert: create, Amendment 10 �•� ' On page 11, line 40, strike out "!laintain'" and $l0 insert: Enter into agreements with the state to provide desired services which may include, but are not limited to, the authority to maintain amendment 11 �•�• On page 120 line 12, strike out "Nothing" and insert: Nothing Amendment 12 �j•�. on page 12, line 190 strike out "state" and insert: State Lands commission Amendment 13 s•�- on page 13 , line 16, after "trust" insert: t s AUG 1� 'c.7 10:07 H'=SY. CRLDEROH �':4 v.'v r - 8721 , 12 :29 RECORD # 5( F: Ri -' 87 021831 PAGE No. 3 I as. determined by the State Lands Cossission Amendment 14 A/�j /4A4 on page 13, limas 29 and 30, strike out "prior to tentative approval of any subdivision saps" and insert: in the manner provided in the annexation-development agreement required by Section 149 Amendment 14. 5 On page 13 , line 39, after "area" insert: „ as long as the agreement does tot conflict with or preempt any provision of the certified Eolsa chic& Local Coastal Rrogras Amendment 15 on page 14, line 110 strike out "on or before ¢ January 1 , 1988," Amendment 16 On page 14, line 20, after "state" insert; ' unless expressly so stated z Amendment 17 ,J,•, le,A34Q4 on page 14, lines 22 and 23 , strike out "providing a level of environmental protection less than - that of$, and insert: preempting Amendment 17. 5 Gt) On page 17, strike out lines 7 to 25, inclusive, in line 26, strike out "sec. 205." and insert: Sec. 204. Ameadment 18 A)*q 4. On page 17, strike out lines 37 and 38 Amendment 18. 1 �(,�� On page 20 , line 21, strike out "January 1 and March 3011 and insert: December 1 and February 28 I d RUG 12_'8i_1I_t:CIS R'SSY. i RLDEFOH 8722F'•5,12: 29 BRC08D # r- Ralf 87 021831 PAGE 00. 4 Amendment 18. 2 On page 20 , line 28, after "district" insert: upon receipt of verification frog the registrar of voters pursuant to Section 228 Amendment 18. 3 On page 22 , line 29, strike out "At its next regular meeting following the" strike out line 30 and insert: After the preparation of the certificate, the district shall hold a meeting and Amendment 18. 4 on page 22, line 33, after the period invert: If at all possible, the meeting shall be held in tine to allow residents to qualify as resident voters in the next district election. Amendment 18. 5 ,fit.) H4J On page 23, Line 34, after "are" insert: elected Amendment 18. 6 'tj On page 24, line 1 , strike out "120* and insert: 150 Amendment 18. 7 A.)IW On page .240 line 2, after the period insert: No petition shall be filed any later than 150 dabs preceding the next general district election. Amendment 18. 8 A) On page 24, line 21, strike out "8811 and insert: 120 Amendment 19 On page 26 , line 24, after "any" insert: tj.... private AUG 12_87_1 r:09 ASSY. :ALDERON 8 7 2�:,612; 2 9 RECORD # 6f BF: Rt 87 021831 P&GE NO. 5 Amendment 20 On page 26, line 26, after the period insert: $ f� However, in no case ' shall the district exercise its power of eminent domain in a manner which results in & net reduction of wetlands acreage, environmentally sensitive habitat areas acreage, or fish and wildlife habitat values. Amendment 21 4"'1 4n page 26, between lines 37 and 38, insert : Sec. 304.5. No bonds, assessments, or obligations which constitute liens, charges, or encumbrances on real property within the district may be incurred or imposed by the district, and no resolution of intention 'to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. In the event the harbor commission is enlarged pursuant to Section 204, two public members shall affirmatively vote for such financial bonds, assessments, or obligations.Amendment 21. 5 Pam On page 28, strike out lines 78 to 30, inclusive Amendment 21. 6 '(,�,,� on page 29, .line 16, after "district" insert: any agency or organization managing the wetlands, Amendment 21. 7 `j.�• • on page 29, line 22, strike out "certified" � Amendment 22 On page 29, line 23, after "Program" insert: when certified Amendment 23 +S.4L, Oa page 29, line 25, after the second "lands" insert : at the option of the state, Amendment 24 �.� • On page 29 , lines 26 and 27, strike out "by the A 2 D t i i � E .RUG 12' '87 10:09 RSS'i'. CALDERON p,7 65879 87223 12: 29 . RECORD 7 AF: Rii 87 021831 PAGE NO. 6 ezecation, acknowledgement* and recordation of a dead from the owner to the state" and insert : pursuant to subdivision (d) of Section 50 Amendment 25 on page 29, strike out lines 28 to 39, inclusive �� Amendment 26 On page 30, litre 10 strike out "Aha►ll" and • insert : �,�� c say Amendment 27 f5o4 ' On page 30, lines 2 and 3, strike out "bp the •�� recordation of a deed from the owner to the state and" and insert : pursuant to subdivision (d) of Section 50 and the district shall discharge Amendment 28 tj.4 On page 30, line 4, strike out "discharged" x'7 Amendment 29 #94 On page 30 , between lines 8 and 9, :insert: 51�� sec. 409. There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86.8 acres of environmentally sensitive habitat areas created or restored onsite in the bolsa Chica study area, as required by the Bolsa Chica Land Use plan dated December 1985, and conditionally certified by the coastal. commission. All development within the Balsa Chica study area shall be in conformance with the Wetlands Restoration Plan prepared as part of the Balsa Chica local Coastal Program and with the biological resources management components policies of the Balsa Chica Land Use Plan. any changes to the Bolsa Chica Land Use Plan are subject to the review and approval of the coastal commission. I Amendment 30 •'� ' On page 30, Line 16, after the period insert: - op % However, the initial deposit of one thousand eight hundred dollars ($1, 800) per dwelling unit does not in any way -AUG 1E '87 10: 10 H'_=Y. Q=LDER011 872=' = 12: 29 ]RECORD # 8Q 9F: R_ 87 021831 PAGE NO. 7 limit the district 's authority to levy additional amendments on the mesa area as say be needed to assure adequate funding to accomplish restoration and saintenance of the wetlands and environmentally sensitive habitat areas, as specified in the Solna Chica Land Use Plan. Amendment 31 kEF tj On page 301 strike out lines 17 to 40, inclusive, and on page 31, strike out line 1 Amendment 32 A on page 31, lines 3 and 4, strike out "State Joint Exercise of Powers with the District" and insert: Agreement between the District , the State Lands Commission, the Department of Pish and Game, and other agencies or organizations Amendment 32. 5 A on page 31 , line 7, after the comma insert: any agency or organization holding title to or managing the wetlands, Amendment 33 on page 31 , lines 8 and 9, strike out "for the �2q joint exercise of powers relating to the" and insert: << relating to their Amendment 34 �, • On page 31 , line 12, after the first "the" insert: - ongoing maintenance and preservation of the restored Amendment 34. 5 on page 31 , line 17, after "Commission," insert .- any agency or organization holding title to or managing the wetlands, Amendment 35 On page 31 , line 19, strike out "the wetlands restoration plan. In" strike out lines 20 to 25, inclusive, and insert: AUG 1_ '?7_13: 11 ASS`(. CRLDERON 87221.9 12: 29 RECORD i 9� F : HNp- 87 021831 PAGE No. $ • I the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal progran, when certified. Amendment 36 On page 31 , strike out lines 30 and 31 and insert: the ongoing maintenance and preservation of the wetlands pursuant to the vetlands restoration plan in perpetuity. Amendment 36.5 On page 33, line 18, after the period, insert: She district shall not exercise its powers in a manner which unreasonably restricts the public from navigation upon navigable waters within the ocean entrance and harbor facilities. Amendment 37 on page 35, line 27, after "beaches" insert: within the littoral cell. from Anaheim Bay to Newport Bay lmenduent 36 4::::1 on page 35, line 29, after "entrance" insert : y , as determined by the State Land Commission Amendment - 39 On page 35, line 30, strike out "sources" Amendment 40 On page 36 , between lines 24 and 25, insert: efIty Sec. 605. Neither the district nor the city may impose a water rate or water fee on the delivery, transmission , or provision of unappropriated nonpotable water used in connection with the implementation of the wetlands restoration plan. Except for flood control purposes, the district shall not restrict, direct, or terainate the flow of nonpotable water required for the restoration and for saintenance of the wetlands. Nonpotable water includes, but it not limited to, feasible runoff arising from the southern bluffs and the �intersburg Flood Control Channel and tidal waters. i AUG, 1'2 '8 7 10: 11 HSS'r'. CALDERON j'j RECORD i 120 8F: VN 87 021831 PAGE NO: 9 Amendment 41 On page 39 , strike out lines 24 and 25 and insert: Covaission, the Department of Fish and Game, and any agency or organizatiou holding title to or managing the wetlands, by July 1 of each year for their review consistent With the budget responsibilities set forth in section 416. The agencies shall have 30 days in which to review the preliminary budget and to provide comments to the harbor commission on the adequacy and sufficiency of the budget for contribution to the funds identified in subdivisions (b) and (c) of Section 700. Amendment 42 A) On page 48, Line 8. after "of" insert: the annual assessments for standby charges, existing bond issues, and Amendment 43 p i On page 48, line 12, strike oat "not" and insert: only Amendment 44 A) On page 48, strike out lines 13 to 16, inclusive, and insert: acquire or construct public works or public facilities that may be defined by applicable county or city guidelines or standards or as provided by the development agreement specified in Section 149. — o � i i f AMENDED IN ASSEMBLY AUGUST 17,::1987 .i�,:I :}-o�t AMENDED.IN SENATE TUNE,,9, 1987 AMENDED IN SENATE JUNE'2,' 1987. : <. AMENDED IN SENATE MAY'-20, 1987 AMENDED IN SENATE MAY -14, 1987 AMENDED IN SENATE MAY. 11, 1987 AMENDED IN SENATE MAY. 4' 1987 ~ SENATE BILL No. 1517 .X Introduced by Senators Bergeson:and- Seymour N (Coauthors:.Assembly Members Dennis Brown, Ferguson, - � and Frizzelle) March 6,.1987 -=An act relating - to conservation districts, :and 'in this k". connection, to create the Bolsa Bay Harbor and Conservation :r District'.:':,prescribe its boundaries organizations,. o erations PP management, financing, and other.powers and duties. - "' -` _:' ,'LEGISLATIVE COUNSEL'S DIGEST SB .'.1517,''as Jamended, Bergeson. Bolsa Bay Harbor and Conservation:District. (1)K:Existing law does not establish"a special district, for the Bolsa Bay Harbor area. This bill would';: enact the Bolsa Bay Harbor and Conservation District Act which would; subject to specified conditions, establish the Bolsa Bay Harbor and Conservation R District within a specific area of the unincorporated territory of -,,Orange County, .to provide; among other things, for implementation of the certified Bolsa Chica Local Coastal V. Program, as prescribed, and construction of specified harbor 92 40 SB 1517 — 2 — - and related facilities, including water and sewer facilities. The bill would 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, and by making violation of specified rules and regulations of the district a misdemeanor. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the . state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 2 CHAPTER 1. INTRODUCTORY PROVISIONS 3 4 Article 1. Legislative Findings and Declarations 5 6 Section 1. This act shall be known and may be cited 7 as the Bolsa Bay Harbor and Conservation District Act. 8 Sec. 2. The Legislature hereby finds and declares that 9 certain coastal wetlands and environmentally sensitive 10 areas along the coastal zone commonly known as "Bolsa 11 Chic-a" in Orange County are subject to the jurisdictions 12 of many diverse and independent federal, state, and local 13 agencies. Efforts to arrive at a suitable land use plan for 14 the area have been underway for many years. The major 15 portion of the area is unincorporated county area entirely 16 surrounded by the City of Huntington Beach. 17 The County of Orange has adopted the Bolsa Chica 18 Land Use Plan for the unincorporated area which,has 19 been conditionally approved by the California Coastal 20 Commission subject to confirmation review to, address 92 w - 3 — SB 1517 ' 1 the following general areas of concern: (1) technical 2 studies on the feasibility of an ocean entrance, (2) Y 3 preparation of a wetlands restoration plan, and (3) 4 preparation of a Huntington Harbour connection r 5 channel plan. 6 The Land Use Plan confirmation review has been f ( 7 required by the California Coastal Commission as an 8 interim planning step between certification of the Land 9 Use Plan and completion of the certification of the Bolsa 10 Chica Local Coastal Program. ' 11 The City of Huntington Beach has adopted, and the ` 12 California Coastal Commission has certified, a Local 13 Coastal Program for areas which surround the Bolsa 14 Chica which includes the ocean entrance area seaward of 15 the Pacific Coast Highway, portions of the linear park 16 area, and the Metropolitan Water District south yard 17 parcel. The city has coastal permit authority over these 18 areas. Both the city and the landowner anticipate that the 19 unincorporated county area will be annexed to the city 20 prior to completion of development as provided for in a 21 development agreement. 22 The Department of Fish and Game, the Coastal 23 Conservancy, the County of Orange, and Signal "I t 24 Properties, a major landowner in this area, have prepared ' 25 a Habitat Conservation Plan pursuant to Section 1 / Z Z 26 30237 of the Public Resources Code. The plan 27 encompasses both the county and city areas. 28 The activities associated with final approval and 29 implementation of land use plans encompassing both the 30 city and county areas are complex and 31 multijurisdictional. 32 This act is for the purpose of providing increased 33 management options for and a mechanism for 34 interagency coordination of the processing and 35 implementation of the plans for, Bolsa Chica within the 36 area as may be finally approved by those agencies with 37 jurisdiction over the lands. 38 Sec. 3. The Legislature further finds that there are ' 39 mineral rights in, and oil and gas operations being _ a 40 conducted on, the Bolsa Chica lands. This act is not 91 80 SB 1517 — 4 — 1 intended to subject these mineral rights or oil and gas ( ' 2 operations to any of the assessments, fees, or taxes which 3 may be assessed or levied as a result of this act, except to 4 the extent of any benefit conferred thereon. The 5 relocation, consolidation, wetlands restoration, and the 6 marina, residential, and commercial development 7 pursuant to the certified local coastal program will not be 8 a benefit to the mineral rights and oil and gas operations 9 as defined in this act. 10 Sec. 4. The Legislature further finds and declares that 11 no provision of this act is intended to preempt or 12 otherwise interfere with the jurisdiction of the City of 13 Huntington Beach, the State Lands Commission, the 14 California Coastal Commission, the Department of Fish 15 and Game, and the Department of Parks and Recreation. J6 No provision of this act is intended to preempt the 1California Coastal Act of 1976 (Division 20 (commencing 8 with Section 30000), Public Resources Code) ; of t-e 19 previde a level 4 e p�et-eeti�a less � 20 e€the �'- ���� ;� p�ei Rely Ghte� use ttttr ally, 21 of the -3ta'L Ae+ e€i976, er atty 22 --kesed by the Gal&rnia Geftstetl l 23 Guise put:suettit to the Galifeftiier Geastal A-e+ e€ 241 1976. or the provisions of the certified Bolsa Chica Land 2J Use Plan. l `� y 26 27 Article 2. Boundary Description 28 29 Sec. 50. (a) The Bolsa Bay Harbor and Conservation 30 District shall consist of those lands in the unincorporated 31 territory of the County of Orange, State of California, 32 being that portion of Section 28, Fractional Section 29 and 33 Section 34 in Township 5 South, Range 11 West, as shown 34 on the map of Rancho La Bolsa Chica recorded in Book 35 51, Page 13 of miscellaneous maps, in the office of the 36 county recorder of the county, together with that portion 37 of Section 34 and Fractional Section 4 in Township 6 38 South, Range 11 West, as shown on the map of Rancho Las 39 Bolsas recorded in Book 51, Pages 13 and 14 of the 40 miscellaneous maps and together with that portion of 92 1M -5 — SB 1517 1 Fractional Sections 30, 321 and 33 in Township 5 South, 2 Range 11 West, San Bernardino Meridian, according to 3 the official plat filed in the District Land Office, all as 4 more particularly shown on the map filed in Book 92, 5 Pages 19 through 28, inclusive, of Records of Surveys, in 6 the office of the county recorder, described as follows: 7 Beginning at a point in the existing boundary line of 8 Orange County Sanitation District No. 11 as established 9 by Annexation No. 15 to Orange County Sanitation 10 District No. 11, that point being the northwesterly 11 terminus of that certain course described as "North 12 34°02'21" West 604.70 feet" in that Annexation No. 15, that 13 point being also South 0°10'16" West 30.00 feet and North 14 89°21'40" West 640.00 feet from the intersection of the 15 centerline of Bolsa Chica Street, 60.00 feet in width, with 16 the centerline of Los Patos Avenue, 60.00 feet in width, 17 as vacated by the Resolution of the Board of Supervisors 18 of Orange County, California, recorded July 15, 1943, in 19 Book 1197, Page 424 of Official Records, in the office of 20 the county recorder; thence in a general southeasterly, C^C 21 northeasterly, and easterly direction along the existing 22 boundary line as established by that Annexation No. 15 to 23 an angle point therein, that point being the easterly 24: terminus of that certain course described as "North' � c 25 75°43'04" West 373.65 feet" in that Annexation No. 15; 26 thence southwesterly, westerly, and southerly along the 27 existing boundary line, as established by the annexation 28 to Orange County Sanitation District No. 11 described in 29 the Resolution of the Board of Supervisors dated 30 November 20, 1957, to an angle point in the formation 31 boundary of Orange County Sanitation District No. 11 as 32 described in the Resolution.of the Board of Supervisors of 33 Orange County dated January 6, 1948, that point being +, 34 also the southwest corner of Section 34; thence southerly 35 and westerly along the existing boundary line as 36 established by that formation boundary to a point on the 37 northeasterly right-of-way line of the Pacific Coast 38 Highway, 90.00 feet in width, as shown on Sheet 7 of that 39 map filed in Book 92, Pages 19 through 28, inclusive, of 40 Records of Surveys, that point being also in intersection 92 120 i SB 1517 —6 — 1 of that northeasterly right-of-way line with the west line 2 of the northeast quarter of that Fractional Section 4 and 3 an angle point in the boundary line of Annexation No. 12 4 to Orange County Sanitation District No. 11; thence 5 northwesterly along the existing boundary line as 6 established by that Annexation No. 12, being also the 7 northeasterly right-of-way line, to an angle point in the 8 existing boundary line; thence leaving the northeasterly 9 right-of-way line, southwesterly continuing along the 10 existing boundary line as established by that Annexation 11 No. 12 to an angle point therein on the southwesterly 12 right-of-way line of the Pacific Coast Highway, that point 13 being also the southeasterly terminus of the 14 southwesterly and northeasterly lines of Annexation No. 15 17 (Bolsa Chica State Beach) to Orange County 16 Sanitation District No. 11; thence northwesterly along the 17 existing boundary line as established by that Annexation 18 No. 17, being also the northeasterly line and the 19 southwesterly right-of-way line, to the southerly line of 20 Warner Avenue, 60.00 feet in width, as shown on Sheet 2 21 of that map filed in Book 92, Pages 19 through 28, 22 inclusive, of Records of Surveys; thence leaving the 23 southwesterly right-of-way line, northwesterly 24 continuing along the northeasterly line and the existing 25 boundary line to an angle point therein on the centerline-- 26 of Warner Avenue; thence leaving the existing boundary 27 line, South 89°12'50" East 132.85 feet along that centerline 28 to a point on to existing boundary line, that point being 29 the westerly terminus of that certain course described as 30 "North 89°51'53" east 280.30 feet, more or less," for a 31 portion of the boundary line of Annexation No. 16 32 (Huntington Harbour No. 4) to Orange County 33 Sanitation District No. 11, that point being also the 34 beginning of a nontangent curve concave southwesterly 35 having a radius of 3053.51 feet, that curve being also to 36 northeasterly right-of-way line of the Pacific Coast 37 Highway, a radial line to that point bears North 50°16'05" 38 East; thence leaving that centerline, southeasterly 39.26 39 feet along that curve and that northeasterly right-of-way 40 line, being also the existing boundary line as established 92 130 I r -7 — SB 1517 ' 1 by that Annexation No. 16, through a central angle of 2 0°44'12" to an angle point therein on the southerly line of 2 3 Warner Avenue; thence easterly continuing along the 4 existing boundary line as established by that Annexation e 5 No. 16, being also that southerly line, to the southeast `s 6 corner of that Annexation No. 16, that corner being also :e 7 an angle point in the boundary line of Parcel "D" of e Ar 8 Annexation No. 7 to Orange County Sanitation District y 9 No. 11; thence easterly continuing along the existing e 10 boundary line as established by that Parcel "D" of n 11 Annexation No. 7, being also the southerly line of Warner Y 12 Avenue and the southerly line of the vacated Los Patos, it 13 to the southeast corner of that Parcel "D," that corner ie 14 being also an angle point in the boundary line of �. 15 Annexation No. 14 to Orange County Sanitation District e 16 No. 11; thence easterly continuing along the existing e 17 boundary line, being also the southerly line of vacated n 18 Los Patos to the point of beginning, the above-described e � � P f parcel of land containing 1520.20 acres, more or less. T 20 +b} The fellewing Ia-�s are exeh � the 21 Diet- ' 22 -Fed- A 4 the is as e 23 J / / L- a 24 {-�- (b) If the State Lands Commission determines that its 6 lands or a portion thereof should be included within or a 27 exluded from the district, the State Lands Commission 28 shall notify the district in writing of that fact and file a s 29 legal description of its landsh the distriet those lands a 30 at the time of the notice. 6 31 Upon receipt of that notice and a certified copy of the 32 legal description, the district shall adopt a resolution e 33 setting forth the legal description of that land and y 34 confirming the fact that the described lands are withift 35 included within or excluded from the district. t 36 Within 10 days thereafter, a certified copy of the y 37 resolution shall be filed with the local agency formation 5 38 commission of the county, at which time incorporation or j ( n 39 detachment shall be deemed complete. 1 0 9° 150 i SB 1517 —8 — 1 Article 3. Definitions 2 3 Sec. 100. Unless the context otherwise requires, the 4 definitions in this article govern the construction of this 5 act. 6 Sec. 101. The definition of a word applies to any of its 7 variants. 8 Sec. 102. "Board of supervisors" means the Board of 9 Supervisors of Orange County. 10 Sec. 103. "City" means the City of Huntington Beach. 11 Sec. 104. "Coastal commission" means the California 12 Coastal Commission established under Section 30300 of 13 the Public Resources Code and designated as the coastal 14 zone planning .and management agency charged with 15 implementing the coastal act. 16 See: 405-. s 'jEhL-e Be 17n7tS2iT G n- 18 Sec. 106. "County" means the County of Orange. 19 Sec. 107. "Department of Fish and Game" means the 20 state agency having authority and responsibility to 21 protect and enhance fish and wildlife resources. � . 22 Sec. 108. "District" means the Bolsa Bay Harbor and 23 Conservation Distract. 24 Sec. 108.5. ``Federal beach nourishment program" 25 means the current federal sand replenishment program 26 to replenish sand between Anaheim Bay and Newport 27 Beach pier. 28 Sec. 109. "Federal cost share" means the contingent I 29 authorization of funds, if any, consistent with the Water 30 Resources Development Act of 1986. 31 Sec. 110. "Habitat conservation plan" means a plan 32 which provides for the conservation of the habitat of fish 33 and wildlife resources as described in Section 30237 of the f 34 Public Resources Code. 35 Sec. 110.5. "Harbor commission"means the Bolsa Bay 36 Harbor and Conservation District Commission. 37 Sec. 111. "Harbor facility" means the marina basins, 38 main and secondary navigable waterway systems, the 39 lands underlying the marina basins, main and secondary 40 waterways, and any abutting lands used for 92 170 I ° -- 9 — SB 1517 1 boater-oriented recreational or commercial activities, 2 including inwater or dry storage of boats, and the parking 1 3 of vehicles to accommodate the recreational or iss 4 commercial activities of the harbor. is 5 Sec. 112. "Holder of title" or "landowner" means the 6 owner of record of the fee title to land, except that, if the �f V7 owner of record of the fee title hbLs conveyed the 8 equitable title to the land b of a'land sale contract q Y way h 9 and the contract or a memorandum thereof is recorded, 10 "holder of title" means the contract vendee thereunder `a 11 and not the record owner of the fee title. of 12 Sec. 112.5. "Huntington Harbour connection" means al 13 a navigable channel between the ocean entrance and h 14 Huntington. Harbour. 15 Sec. 113. "Improvement district" means any area 16 within the district established by the commission 17 pursuant to any of the provisions of this act or other 18 applicable laws for the purpose of providing for and ie:e 19 financing the construction, acquisition, reconstruction, 20 maintenance, operation, extension, repair, or d 21 improvement of any work or works of common benefit to 22 the land or inhabitants within an improvement district. 23 Sec. 114. "Land" means the solid material of the 24 earth, whatever may be the ingredients of which it is t � t 25 composed, whether soil, rock, or other substance. It does �t 26 not mean improvements thereon or rights and privileges t 27 appertaining to water, minerals, oil, gas, or other 28 hydrocarbon substances underlying the surface thereof. C 29 Sec. 115. "Land use plan" as defined in Section 1 30 30108.5 of the Public Resources Code, applies to that 31 portion of the Bolsa Chica Land Use Plan that lies within 32 the unincorporated county area. The land use plan does 33 not include areas within the corporate boundaries of the V 34 City of Huntington Beach. 35 Sec. 116. "Legal representative" means an official of 36 a corporation owning land, and means a guardian, 37 executor, or administrator of the estate of the holder of 38 title to land who is any of the following: n 39 (a) Appointed under the laws of this state. 40 (b) Entitled to the possession of the estate's land. 92 1W j SB 1517 — 10 1 (c) Authorized by the appointing court to exercise the C 2 particular right, privilege, or immunity which he or she 3 seeks to exercise. 4 Sec. 117. "Local coastal program" as defined in 5 Section 30108.6 of the Public Resources Code, applies to 6 a local government's land use plan zoning ordinances and 7 implementing actions use which, when taken 8 together, satisfy the requirements and implement the 9 provisions and policies of the California Coastal Act of 10 1976 at the local level. 11 Sec. 117.5. "City local coastal program" means the 12 local coastal program for the incorporated area which has 13 received full certification by the coastal commission and 14 pursuant to which, permit authority was returned to the 15 city as of March 14, 1985. 16 Sec. 118. "May" is permissive and "shall" is 17 mandatory. 18 Sec. 118.5. "Mesa area" means the area of land within 19 the district which is at or above the five foot above sea 20 level contour line bordered on the north by Warner { 21 Avenue and Los Patos Avenue, on the east by the district 22 boundary, on the south by the Wintersberg Flood Control 23 Channel, and on the west by the Pacific Coast Highway. -24 Sec. 118.7. "Mineral rights" has the same meaning as 25 that term is defined in Section 883.110 of the Civil Code, 26 but excludes surface ownership of parcels of land. 27 Sec. 119. "Navigable ocean entrance" means the 28 system of navigable waterways that provides for access 29 between the Pacific Ocean and the harbor facility and 30 may include side jetties and an off-shore sheltering 31 breakwater. 32 Sec. 119.5. "Oil and gas operations" means all surface 33 and subsurface operations and activities relating to the , 34 development, production, and treatment of oil and gas 35 reserves as permitted by applicable deeds, leases, 36 agreements, laws, and regulations. 37 Sec. 120. "State" means the State of California and 38 includes any and all bureaus, commissions, divisions, 39 departments, boards, agencies, committees, officers, and 40 branches thereof. 92 200 I - 11 — SB 1517 1 Sec. 120.5. "State Lands Commission"means the state e 2 agency holding title to and management authority and e 3 responsibility over the state's sovereign and public trust 4 lands. ° 5 Sec. 121. "United States" means the government of ° 6 the United States of America and includes all bureaus, d 7 commissions, divisions, departments, boards, agencies, a 8 committees, offices, and branches thereof. 9 Sec. 122. "Visitor serving facilities" means the if 10 facilities that fulfill purposes under the California Coastal 11 Act of 1976 of serving the need for public access and z 12 recreation within the coastal zone. 13 Sec. 123. "Landowner voter" means a person who is 14 a holder of title of assessable property. e 15 Sec. 124. "Resident voter" means a person who is a 16 qualified elector and a resident of the district. S 17 Sec. 125. "Wetlands restoration" means an activity to 18 create, restore, preserve, and enhance wetlands, 1 19 especially those which have been destroyed or degraded, a 20 to a high quality, fully functioning level of biological r 21 productivity and diversity. t 22 Sec. 126. "Wetlands restoration plan" means a phased I 23 concept and implementation plan approved by the 24 Department of Fish and Game and the California Coastal s � t 25 Commission to create, restore, enhance, preserve, and 26 maintain certain wetlands and environmentally sensitive 27 habitat areas identified in the certified Bolsa Chica Local 28 Coastal Program. 29 i 30 Article 4. Establishment and Purposes 31 32 Sec. 140. The Bolsa Bay Harbor and Conservation 33 District is hereby established in accordance with this act 34 and is a public corporation created to provide an 35 g adequate institutional and legal framework to achieve all q ' 36 of the following purposes: .' 3 (a) Carry out and fund implementing action programs 38 to restore, create, enhance, and maintain in perpetuity ' `'39 the wetlands and environmentally sensitive habitat areas lam`. 40 within the coastal zone of Orange County, identified by 92 220 1 s SB 1517 — 12 — 1 the certified Bolsa Chica Local Coastal Program. 2 (b) Administer and raise funds to repay the federal 3 loan cost share if authorized pursuant to the Water 4 Resources Development Act of 1986, and to maintain in 5 perpetuity such facilities, structures, and appurtenances 6 for any navigable ocean openings and facilities to protect 7 the naval weapons station and waterways constructed 8 with those funds, as may be authorized or appropriated 9 by the federal government, in accordance with 10 applicable state and local rules and regulations. 11 (c) Maintain Enter into agreements with the state to 12 provide desired services which may include, but are not 13 limited to, the authority to maintain and administer the 14 facilities of a small craft harbor landward of the Bolsa 15 Chica ocean entrance. 16 (d) Provide for the financing and construction of 17 water and sewer facilities by the district. 18 (e) Administer and raise funds to construct and 19 maintain appropriate facilities for (1) dredging and land 20 reclamation purposes, (2) drainage and flood control 21 purposes, (3) parks, recreation, and open-space land and 22 facilities, (4) levees and channel edges, and (5) docks and 23 appurtenances, and to participate in federal, state, and 24 local beach nourishment programs. 25 (f) Exercise the powers which are expressly granted 26 by this act. Nett Nothing in this section authorizes the 27 district to exercise any powers on state lands without the 28 prior written approval of the State Lands Commission. 29 Sec. 141. No provision of this act limits the power or 30 authority of the city, county, or any state agency with 31 jurisdiction within the district to regulate land uses 32 within the district. 33 Sec. 142. If the she State Lands Commission 34 determines that its lands, or any portion thereof, should .� 35 be included in the district, the provisions of this act shall 36 not be construed to conflict with the obligation of the 37 state to carry out its public trust responsibilities on those 38 lands. 39 Sec. 143. (a) If state lands are included in the district, 40 those lands shall not be subject to any taxes, assessments, l 92 240 — 13 — SB 1517 1 rates, fees, liens, or charges without its written consent. ral 2 However, any enterprise function conducted on the or 3 lands owned by the state, its assignees, lessees, in 4 permittees, franchisees, or licensees or others shall be es 5 subject to any uniform charges or surcharges as set forth & 6 in or pursuant to this act. The state or its lands shall not A 7 be liable for nonpayment of those fees, assessments, taxes, ,d 8 or charges. th 9 (b) Lands owned by the Metropolitan Water District 10 of Southern California (metropolitan) , which are to 11 included in the district, shall not be subject to any taxes, of 12 assessments, rates, fees, or charges by the district without ie 13 its written consent. If metropolitan requires district sa 14 services, they shall be provided on terms acceptable to 15 the district. However, any enterprise function conducted of 16 on the lands owned by metropolitan, by its assignees, 17 lessees, permittees, franchisees, or licensees or by id 18 metropolitan alone or with another public or private id 19 entity, which is not directly related to its authorized of (IC 20 purposes, shall be subject to any uniform charges or .d 21 surcharges as set forth in or pursuant to this act, provided d 22 that metropolitan or its lands shall not be liable for d 23 nonpayment of the fees, assessments, taxes, or charges 24 imposed on enterprise functions. d 25 Sec. 144. If state public trust lands are included within e 26 the district, any revenues collected by the district from e 27 enterprise functions conducted on state lands, not �. 28 needed to defray normal operating expenses related to r 29 state activities conducted in the district, shall only be h 30 allocated or spent for purposes consistent with the public s 31 trust as determined by the State Lands Commissionio 32 Sec. 145. One of the purposes of the district is to I 33 facilitate the coordination of the activities, programs, and 1 34 powers of the various federal, state, and local agencies 1 35 with the harbor, wetlands, oil and gas operations, 36 residents, and landowners in the project area in order to 37 achieve an orderly, coordinated development that 38 enables restoration and protection of the Bolsa Chica 39 wetlands, construction of state and federally funded 40 harbor facilities if authorized and approved, coordination 92 260 y SB 1517 — 14— 1 with the California Coastal Commission in conjunction (� 2 with county planning, and coordination of planning, 3 utilities, and services with the City of Huntington Beach 4 to facilitate annexation to the city prier to tetettiYe 5 mays in the manner provided 6 in the annexation-development agreement required by 7 Section 149. 8 This act shall not impair the state sovereignty over its 9 lands within the project area or impair the state's ability 10 to control, operate, and maintain its lands and resources 11 if included in the district. 12 Sec. 146. No - provision in this act limits the 13 enforceability and applicability of any provision of any 14 agreements entered into between or among a city, 15 county, state, or federal agency and a private person 6 affecting the Bolsa Chica area, as long as the agreement 17 does not conflict with or preempt any provision of the certified Bolsa Chica Local Coastal Program. 19 Sec. 147. If any provision of this act or the application 20 of that provision to any persons or circumstances is held 21 invalid, the remainder of this act, or the application of 22 that provision to persons other than those to which it is 23 held invalid, shall not be affected. 24 Sec. 148. This act shall not become operative unless 25 the county local coastal program has been fully certified 26 and the city's certified local coastal program has been 27 amended, if necessary, to conform to the county's 28 certified program. E 29 Sec. 149. This act shall not become operative unless 30 en e - be€ere_ jetfittetry 4; 1958, the city, county, and 31 landowner-developer have entered into an i� 32 annexation-development agreement pursuant to 'f 33 subdivision (b) of Section 65865 of the Government 34 Code. 35 36 Article 5. General Provisions 37 �I 38 Sec. 150. Nothing in this act changes or repeals any 39 other law of this state unless expressly so stated. 40 Sec. 150.5. No provision of this act has the effect of, or 1 92 270 — 15 — SB 1517 i . 1 is intended to have the effect of, preN,idiftg et leN,el of 2 tental preteetieft less dieft of preempting ' 3 any provision of any land use plan certified pursuant to 4 the California Coastal Act of 1976 (Division 20 5 (commencing with Section 30000) , Public Resources 6 Code) , or any zoning ordinances, zoning maps, or 7 implementing actions required by Section 30513 of the ' 8 Public Resources Code. 9 Sec. 151. The rights, privileges, and immunities ' 10 created or continued in force by this act in favor of any 11 holder of title to land for his or her benefit and on his or 12 her behalf may be exercised by his or her legal 13 representative. ' 14 Sec. 152. Whenever an instrument is by this act ' 15 required to be acknowledged, each signer shall r 16 acknowledge the instrument in the manner provided by 17 law before his or her signature shall be effective. 18 Sec. 153. Except as provided in Section 29142 of the ` 19 Government Code, no supervisor, auditor, clerk, or any 20 other officer or employee of the county shall receive any 21 fee for any service required to be performed under this ' 22 act. 23 Sec. 154. Fees payable to the Treasurer pursuant to c 24 this act shall be those established by the Treasurer . 25 pursuant to Section 20018 of the Government Code. 26 Sec. 155. Elections authorized by this act are subject 27 to the Uniform District Election Law (Part 3 28 (commencing with Section 23500) of Division 14 of the 29 Elections Code). 30 Sec. 156. The district is a "district" as defined by 31 Section 56036 of the Government Code. After Che 32 establishment of the district, any proposed change of 33 organization or reorganization for which the district is a 34 subject agency shall be initiated, conducted, and 35 completed pursuant to Division 3 (commencing with 36 Section 56000) of Title 5 of the Government Code. 37 Sec. 157. It is the intention of the city and 38 landowner/developer that the entire project area be � a 39 ultimately annexed into the city. In order to implement 40 the certified Bolsa Chica Local Coastal Program before # 92 290 i SB 1517 — 16 — 1 annexation, the landowners, the city, and the county may 2 enter into agreements, including, but not limited to, the 3 establishment of an urban service area pursuant to 4 Section 56080 of the Government Code, the adoption of 5 prezoning pursuant to Section 65859 of the Government 6 Code, the approval of development agreements pursuant 7 to Article 2.5 (commencing with Section 65864) of 8 Chapter 4 of Division 1 of Title 7 of the Government 9 Code, or the relationship between annexation and 10 tentative maps and vesting tentative maps pursuant to 11 Section 66413 of the Government Code. After 12 annexation, the district shall continue to exercise its 13 powers concerning funding of wetlands restoration, 14 maintenance, and operation; assessments for federal cost 15 share repayment; small craft harbor operations and 16 . related activities; sand replenishment; and assessments 17 against property within the district. 18 Sec. 158. Notwithstanding Article 5 (commencing 19 with Section 53090) of Chapter 1 of Part 1 of Division 2 20 of Title 5 of the Government Code, Article 7 21 (commencing with Section 65400) of Chapter 3 of 22 Division 1 of Title 7 of the Government Code, or any 23 other provision of law, the county or city in which a 24 facility, work, or improvement is located shall not permit 25 any facility, work, or capital improvement of the district 26 unless and until the applicable local government finds 27 that the facility, work, or improvement is consistent with 28 the general plan, certified local coastal program, 29 applicable specific plans, . zoning ordinance, and 30 subdivision ordinance of the county or city. 31 a Sec. 159. Any construction, alteration, repair, 32 demolition, or other work done by, or for, the district, 33 including the acquisition of any work by the district, is 34 deemed a "public work" and subject to Part 7 t, 35 (commencing with Section 1720) of Division 2 of the 36 Labor Code, including the requirements of payment of 37 not less than the general prevailing rate of per diem 38 wages pursuant to Section 1771 of the Labor Code. 92 310 — 17 — SB 1517 y 1 CHAPTER 2. INTERNAL ORGANIZATION ;e 2 0 3 Article 1. General Provisions ,f 4 ,t 5 Sec. 200. The district shall be governed by the Bolsa it 6 Bay Harbor and Conservation District Commission. )f 7 Except as provided by Section 204 and Article 3 4 It 8 (commencing with Section 213) , the commission shall be d 9 composed of five members and shall have the 0 10 qualifications and shall be elected as set forth in Article r 11 2 (commencing with Section 210) . .S 12 Sec. 201. The terms of office of commissioners elected i, 13 pursuant to this chapter shall be four years. ;t 14 Sec. 202. Except as otherwise provided by this d 15 chapter, elections for commissioners shall be called for s 16 and held to coincide with the statewide general election 17 in November of each even-numbered year. 18 Sec. 203. All vacancies in the office of commissioner 19 shall be filled as follows: 1 20 (a) Vacancies for commissioners elected pursuant to f 21 Article 2 (commencing with Section 210) shall be filled 22 by appointment by the remaining commissioners or, in 1 23 the absence of a majority consensus or of a quorum, by t e ec 24 the board of supervisors. t 25 (b) Vacancies for commissioners elected pursuant to 5 26 Article 5 (commencing with Section 240) shall be filled 1 ``' 27 pursuant to Section 1780 of the Government Code. See- 204: At fffty tune n rimer €et}r yeett:s €reffi the date o€ 1 29 tl3e €orrnatien o€ the distriet, and fiefft tirne to tirne 30 }het:e r'-e--, Ott not less than +20 days befet:e et gen-erftl 31 dlstr-iet eleetieft, the eeffiffiissi ffiay, by reselutiqn-, 32 ixk.L%_1%.1".3 the nuffiber of to sere err the 33 to 7-, 9; er 44 aftd fftfty desigfiftte the €trst 34 ifiddit4a ffieffibefs to set:ye en the eftlarr-ged 351 ief If 36 Tire aft slel a tee: ifi the term of e€€ree e€ 371, eaeh of the new 9fters se , btA ift ne 38 event shall thitt tern3 aesigna t by the be Ca 39 f €er ffrere than€onr years.The terms of of iee 4-,us ef:eated 40 slratl be deter- ,.. tft a maser se as to 1Feep tts n 92 320 y SB 1517 — 18— 1� ell as praetieab4e the number e€ to be 2 eleeted at eaeb subseque general distriet glee Lion. i 3 Upeft the of these terms se a es o"a t by the 4 ,the 1�sxmlc=shall be€filled of the ee t gefterai j 5 d� eleettieft and genf iss al dtr �et s held fer- the p affieers. 7 See 205- 8 Sec. 204. All commissioners shall be electors of the county. 10 11 Article 2. Election of the First Commission 12 13 Sec. 210. The district shall be governed by a 14 commission composed of five members, three of whom 15 shall be elected pursuant to this chapter, one shall be the 16 county supervisor representing the supervisorial district 17 in which the district is located, and one shall be a member 18 of the City Council of the City of Huntington Beach. 19 Upeft etiiftexa6ett; the distriet shall be geverned by the 20 fi}ty Getitteil of the City e€ MttfttiftgteH 21 Sec. 211. . The first commission shall be elected at an 22 election conducted by the board of supervisors within 35 23 days following the formation of the district, as follows: 24 (a) Any person qualified to vote in elections 25 conducted pursuant to Article 1 (commencing with 26 Section 210) and this article shall be voters, as defined in 27 Sections 123 and 124. 28 (b) Nominating petitions for the position of 29 commissioner shall be in writing and signed by voters 30 representing at least 10 percent of the assessed value of 31 land as shown by the last equalized assessment roll. 32 (c) No voter shall sign any more nominating petitions 33 than there are offices to be filled. 34 (d) If, on the 15th day prior to the date of the election 35 called by the board of supervisors, only one person has 36 been nominated for each position to be filled at that 37 election, an election shall not be held and the board of 38 supervisors shall appoint those nominated for the position 39 of commissioner. 40 (e) If an election is held, each voter shall have one 92 340 r — 19 — SB 1517 1 vote for each one dollar ($1) in assessed valuation of land 2 owned by the landowner. 3 (f) A majority of the votes cast shall be required to 3e 4 elect a commissioner. 5 Sec. 212. The first commission shall classify itself by lot�`f� 6 so that two commissioners shall hold office until the last 7 Friday in November 1988, and three commissioners shall 8 Bold office until the last Friday in November 1990. j ie 9 10 Article 3. Elections 11 12 Sec. 213. Each voter shall have one vote for each 13 dollar's worth of land to which he or she holds title. The a 14 last equalized assessment roll of the county is conclusive n 15 evidence of ownership and of the value of the land so ie 16 owned. However, the commission may determine, by A 17 resolution, that the equalized assessment roll of the 'r 18 county shall be corrected to reflect, in the case of 19 transfers of land, those persons who as of the 45th day . e 20 prior to the election appear as owners on the records of !ems 21 the county. n 22 Sec. 214. The commission may, by ordinance adopted ' 23 at least 90 days prior to any district election., determine 24 that voters shall thereafter be ascertained pursuant to this s C 25 section. n 26 In that event, the county clerk shall prepare the voter 27 list required by Section 23527.5 of the Elections Code f 28 based upon the last equalized assessment roll of the 29 county corrected to reflect, in the case of transfers of ' 30 land, those persons who, as of the 45th day prior to the f 31 election, appear as owners in the county assessor's 32 records which the assessor will use to prepare the next ' 33 ensuing assessor's roll. Those records shall be conclusive 34 evidence of ownership and of the value of land so owned. 1 35 Where only a portion of a parcel of land has been 36 transferred, and the assessed value thereof and of the 37 remaining parcel are not separately stated upon the roll, 1 38 estimated assessed values therefor shall be made by the 39 county assessor and those estimates shall, for the purposes CIS 40 of this section, be considered the value of the land. 92 3N) SB 1517 — 20 — 1 If more than one person or entity are shown as the 2 owners of record of a parcel of land, the county clerk shall 3 apportion the voting rights between the owners based 4 upon the respective record interests in the land, and for 5 that purpose, the county clerk may consider such 6 information with respect thereto as the county clerk 7 deems correct, proper, and appropriate. 8 Sec. 215. Every voter, or his or .her legal 9 representative, may vote at any district-election either in 10 person or by a person duly appointed as his or her proxy. 11 Sec. 216. No appointment of a proxy shall be valid, , 12 accepted, or vote allowed thereon at any district election 13 unless it meets all of the following requirements: 14 (a) It is in writing. 15 (b) It is executed by the person or legal representative 16 of the person who, in accordance with Section 213 or 214, 17 is entitled to the votes for which the proxy is given. 18 (c) It is acknowledged or certified in accordance with 19 Section 2015.5,of the Code of Civil Procedure. 20 (d) It specifies the election at which it is to be used. An 21 appointment of a proxy shall be used only at the election 22 specified. 23 (e) It shall be on a form as specified by the county 24 clerk as meeting the above requirements. 25 Every appointment of a proxy is revocable at the 26 pleasure of the person executing it at any time before the 27 person appointed as proxy has cast a ballot representing 28 the votes for which the appointment was given. 29 Sec. 217. Before a legal representative votes at a 30 district election, the legal representative shall present to 31 the precinct board a certified copy of his or her authority 32 which shall be kept and filed with the returns of the 33 election. 34 35 Article 4. Alternative Method of Conducting j 36 Elections 37 38 Sec. 220. The voting procedure within the district 39 shall be changed from that of a landowner voter district 40 to that of a resident voting district at the time that the I I 92 380 I iI — 21 SB 1517 the 1 commission determines by a resolution adopted pursuant all 2 to this article. ;ed 3� Sec. 221. Between}awry 4-aftd Maf eh 30 December for 4) 1 and February 28 of each year, the secretary of the ich 5 district shall inspect the assessable area within the irk 6 district. 7 At that time when at least 50 percent of the assessable ;al 8 area within the district is devoted to and developed for in 9 residential, industrial, or nonagricultural commercial use, xy. -v40 or any combination thereof, that fact shall be certified to id, '� 1 the commission by the secretary of the district. Upon on 12 receipt of verification , from the registrar of voters 1 pursuant to Section 228. 4 Any time after that certification, the resident voters ive 15 . registered to vote within the district may petition for a 14, 16 change in the voting procedure from a landowner voter 17 district to a resident voter district. ith 18 Sec. 222. The petition shall be signed by not less than 19 25 resident voters of the district who represent not less .kn 9 20 than 25 percent of the total number of resident voters of on 21 the district. 22 Sec. 223. The petition shall be substantially in the ity 23 following form: The secretary of the district, having 24 previously certified to the board of commissioners of the he 25 district that at least 50 percent of the assessable area he 26 within the district is devoted to and developed for rig 27 residential, industrial, or nonagricultural commercial use, 28 or any combination thereof, the undersigned voters who a 29 reside within the boundaries of the district hereby to 30 petition the board of commissioners thereof to hold all ity 31 elections on the basis of a resident voter district rather he 32 than a landowner voter district. 33 34 Date Signature Address 35 36 37 ct 38 ct 39 ae 40 e 41 ? e tl 580 92 4(X) SB 1517 —22 — 1 Sec. 224. Each petition shall be signed and dated by 2 resident voters of the district and shall show their 3 residence address. 4 Sec. 225. Each page of the petition which contains the 5 signature of one or more registered voters shall show 6 thereon the affidavit of the circulator in the following 7 form: 8 The undersigned circulator of the above petition 9 hereby declares under penalty of perjury that the 10 circulator of this petition was over the age of 18 years, and 11 that the signatures hereon are the signature of the person . 12 named and were signed in the presence of the circulator. 13 Sec. 226. All signatures on the petition shall be , 14 obtained . within the six-month period immediately 15 . preceding the filing thereof. 16 Sec. 227. The petition shall be filed with the secretary 17 of the district at least six months prior to the date of the 18 next general district election. Attached to the petition 19 shall be the name and address of at least one, but not 20 more than three, persons to be notified of the results of 21 the examination of the petition. 22 Sec. 228. Within 30 days of receipt by the secretary, 23 the petition shall be transmitted to the registrar of voters 24 and verified as follows: 25 (a) The registrar of voters shall examine the signatures 26 and from the records of registration ascertain whether or 27 not the petition is signed by the requisite number of 28 registered voters. 29 (b) The registrar of voters shall attach to the petition 30 a certificate showing the total number of valid signatures 31 thereon, the total number of registered voters within the 32 district as of the date of filing the petition, and a 33 determination as to the sufficiency of the petition. 34 Sec. 229. If the number of signatures is not sufficient, 35 a supplemental petition, bearing additional signatures, 36 may be filed with the secretary of the district within 10 37 days from the date on which the registrar of voters 38 certified the results of the original petition. The 39 supplemental petition shall be verified in the same 40 manner as the original petition. If the signatures on the 92 430 i t —23 — SB 1517 l r 1 petition are still insufficient, no action shall be taken � 2 thereon. The petition shall remain on file as a public 3 record and failure to secure sufficient signatures shall not ie 4 prejudice the later filing of an entirely new petition. 01`01 5 Sec. 230. If the petition contains at least 25 valid 6 signatures and if the total number of valid signatures on 7 the petition constitutes 25 percent or more of the n 8 registered voters within the district as of the date of filing 1e 9 the petition, the secretary shall prepare a certificate to d n 10 that effect. A copy of the certificate shall be forwarded by 11 certified mail to each person designated to be notified of 12 the results of the examination of the petition. ie : ' 3 Sec. 231. tit its next regular fneeting fellewing the ly 14 p tien of the OUVZ UCMY .111.7a e, the aft 15 After the preparation of the certificate, the district shall y 1 hold a meeting and shall adopt a resolution declaring that 1e 7 all future elections in the district shall be conducted as a In A resident voter district rather than a landowner voter �f 9 election. If at all possible, the meeting shall be held in 41 120 Itime to allow residents to qualify as resident voters in the 41 next district election. 2 Sec. 232. The secretaryof the district shall file with rs 23 the county clerk a certified copy of the resolution. The ,s C 24 secretary shall cause a copy of the resolution to be 1r 25 published once a week for three successive weeks in a f 26 newspaper of general circulation within the district. 27 Sec. 233. After adoption of the resolution by the ,n 28 commission, all elections within the district for elective ,s 29 offices, bonds, or other purposes shall be conducted ie 30 under laws relating to resident voter districts and all a 31 provisions of this article shall prevail over any contrary 32 provisions in this act relating to landowner voter t 33 procedures. ' 34 Sec. 234. All commissioners thereafter elected shall S' 35 be residents and qualified voters of the district at the time rs 36 of their election and during their term of office. The rs ie 37 commissioners need not be landowners. ;e 38 Sec. 235. At the first election of commissioners 39 following the adoption of the resolution by the e 40 commission establishing a resident voter district, the 92 450 SB 1517 — 24 — 1 number of commissioners to be elected shall correspond 2 with the number of commissioners whose terms expire. 3 The commissioners whose terms have not expired shall 4 serve their unexpired terms. under the qualifications to 5 hold office that existed prior to the adoption of the 6 resolution establishing a resident voter district. 7 Sec. 236. The adoption of a resolution changing the 8 method of voting shall in no way invalidate any prior acts 9 of the district, its commissioners, officers, or employees. 10 Sec. 237. Any bonds,. promissory notes, contracts, or 11 other obligations of the district, authorized or issued in t 12 any manner provided by law, and any proceedings taken 13 by the district in connection therewith, prior to the 14 adoption of the resolution changing the method of voting, 15 shall not be affected by that resolution and the obligations 16 shall continue to be legally authorized or issued, 17 obligations. 18 19 Article 5. Establishing Divisions 20 0 Sec. 240. The district may be divided into as many_ 41), divisions as there are elected commissioners of the district. 24 The establishment of the divisions and the boundaries 25 thereof shall be made by the board of supervisors, which 26 shall make that division, if requested, by a resolution 27 passed by a majority of the commission or upon a petition 28 signed by a majority of eligible voters within the 29 boundaries of the district. The resolution or petition shall tbe filed with the board of supervisors at least 4-28150 days before the next general district election. No petition shall 32) be filed any later than 150 days preceding the next 33� general district election. 34 Sec. 241. Before taking action on the petition or the 35 resolution requesting the establishment of divisions, the 36 board of supervisors shall hold a hearing and shall hear 37 any evidence produced to establish the validity of the 38 petition or resolution and any further evidence as may be 39 necessary as to divide the district into divisions. 40 Sec. 242. Within 10 days after the hearing, the board 9° 470 - 25 — SB 1517 jid 1 of supervisors, if it determines that the resolution or 2 .petition is valid, shall immediately order the ire. 3 establishment of divisions in the district as nearly equal 'all 4 in area as may be practicable and shall file a copy of the to 5 order with the commission. the 6 Sec. 243. After the entry of the order establishing the 7 divisions within the district, only one commissioner shall 8 be elected from each of the divisions so established. !es. 9 Sec. 244. The entry of the order dividing the district es. , 10 into divisions shall not affect the term of any or commissioner until his or her term expires. ' in ��� Sec. 245. At least 88120 days prior to the next general ;en:he '-I! district election, the board of supervisors shall designate ` `� 14 the divisions from which commissioners shall be elected. ag, 15 The number designated shall equal the number of )ns 16 commissioners to be elected at that election. At the next ied, 17 succeeding general district election, the commissioners 18 shall be elected from the remaining divisions. 19 Sec. 246. At the time the district is established as a 20 resident voter district and whenever thereafter sufficient j 21 change in the population occurs in the district which, in ny_ 22 the discretion of the commission, makes it necessary to he 23 relocate the boundary or boundaries of any division or 24 divisions, the commission shall, by resolution, relocate the ici ies 25 boundary lines of the division or divisions so as to l 26 equalize, as nearly as may be practicable, the population ( ion 27 in the respective divisions. However, no change in `on 28 division boundaries shall be made within four months :he call 29 immediately preceding the election of any commissioner, 30 and no change shall work a forfeiture of the office of any lYs 31 commissioner. The relocation of boundary lines of gall 32 divisions may be made without regard to the places of 33 residence of the commissioners then in office. he 34 he 35 Article 6. Officers and Employees, 36 gar 37 Sec. 250. The officers of the commission shall include he 38 a president, secretary, and treasurer, and may include a be 'i 39 vice president. Ord 40 Sec. 251. The commission may, consolidate the offices 42 490 470 , x i SB 1517 — 26— 1 of secretary and treasurer. 2 Sec. 252. The duties of the officers of the commission, 3 and any standing committee thereof, shall be described 4 in the administrative code of the district. 5 Sec. 253. The officers of the district may include all of 6 the following: 7 (a) The chief executive officer. 8 (b) The finance officer. 9 (c) An attorney. 10 (d) A chief engineer. 11 Sec. 254. All officers and employees of the district 12 shall be appointed by the commission and serve at its 13 pleasure when those positions are required to be filled 14 and shall not be concurrently employed by the 15 landowner/developer corporation. 16 Sec. 256. The commission, except as otherwise 17 specifically provided, shall manage and conduct the 18 business and affairs of the district and may delegate its 19 powers to any officer or employee of the district. 20 Sec. 257. The rules, responsibilities, and procedures 21 for the officers of the district shall be described in the 22 administrative code of the district and shall be exercised 23 according to the policies and standards established by the 24 commission. 25 Sec. 258. All meetings of the commission shall be held 26 and conducted pursuant to Chapter 9 (commencing with 27 Section 54950) of Division 2 of Title 5 of the Government 28 Code. The commission may meet as frequently as is 29 necessary to satisfactorily conduct the business of the 30 district, but shall meet no less than six times in any one 31 calendar year. 32 Sec. 259. Compensation. for the commissioners shall 33 be fixed in the administrative code in an amount not to 34 exceed one hundred dollars ($100) per day for each day's 35 attendance at meetings of the commission or for each 36 day's service rendered as a commissioner by request of 37 the commission, not to exceed a total of six days in any r 38 calendar month, together with the reimbursement of any 39 expenses incurred in the performance of duties required 40 or authorized by the commission. 92 5M - 27 — SB 1517 1 CHAPTER 3. GENERAL POWERS a, 2 'd 3 Sec. 300. The district has the power generally to )f 4 perform all acts necessary or proper to carry out fully this 5 act. 6 Sec. 301. The commission may adopt a seal for the 7 district and alter it at pleasure. 8 Sec. 302. The district may take by grant, purchase, 9 gift, devise, lease, or otherwise acquire, hold, and enjoy 10 and lease and dispose of, real and personal property of 't 11 every kind within or outside of the district, necessary to is 12 the full or convenient exercise of its powers. 13 Sec. 303. The district may exercise the power of le 14 eminent domain to acquire or improve any private 15 property necessary or convenient to the purposes ie 16 specified in this act. However, in no case shall the district 1e 17 exercise its power of eminent domain in a manner which is 18 results in a net reduction of wetlands acreage, t 19 en vironmen tally sensitive habitat areas acreage, or fish 's 20 and wildlife habitat values. The district shall have no 1e 21 power of eminent domain outside its boundaries. �d 22 Sec. 304. The district may issue bonds, borrow money, ie 23 and incur indebtedness as authorized by this act. de 24 The district may also refund any indebtedness as h 25 provided in this act or any other applicable law, and may it 26 also refund any indebtedness by the issuance of the same is 27 type of obligations as those refunded and following the 28 same procedures as at that time may be applicable to the 'e 29 issuance of those obligations, and may retire any te 30 indebtedness or lien that may exist against the district or �l 31 its property. 32 Sec. 304.5. No bonds, assessments, or obligations ;° 33 which constitute liens, charges, or encumbrances on real 34 property within the district may be incurred or imposed 35 by the district, and no resolution of intention to issue :f 36 bonds may be adopted, except upon the affirmative vote . iy 37 of four members of the harbor commission. In the event ,d 38 the harbor commission is enlarged pursuant to Section 39 204, two public members shall affirmatively vote for such ... . 40 financial bonds, assessments, or obligations. � . 4 a, 92 520�"". SB 1517 — 28 — 1 Sec. 305. As to any service which the district may 2 perform pursuant to this act, the district may contract for 3 the performance of that service with the county, the city, 4 another district, or any agency of the state or of the 5 United States, except as otherwise provided in this act. 6 Sec. 306. In order to carry out this act, the district or 7 its authorized representatives have the right of access to, 8 and may to the extent permitted by the laws and 9 Constitution of the state, enter upon land within the 10 district. 11 The entry of the district or its authorized 12 representatives does not constitute, and does not give rise 13 to, any cause of action in favor of the owners of the land, 14 except for injuries resulting from negligence, 15 wantonness, or malice. 16 Sec. 307. The district may execute, by its president 17 and secretary, all contracts and other documents 18 necessary to carry out the provisions of this act. 19 Sec. 308.. The district may commence and maintain 20 any actions and proceedings to carry out its purpose or 21 protect its interests and may defend any action or 22 proceeding brought against it. 23 Sec. 309. The district may disseminate information to 24 the public concerning the rights, properties, policies, and 25 activities of the district. 26 Sec. 310. The commission shall adopt an 27 administrative code for the district, which code shall 28 include, but not necessarily be limited to, the following: 29 (a) The organization of the commission and the duties 30 of its officers and committees. 31 (b) The duties of and the extent and scope of 32 delegation of authority to the chief executive officer of ; 33 the district. 'r 34 (c) The rules and regulations governing employee 35 standards, wages, benefits, and general duties. 36 (d) The rules and regulations governing the use of 37 property owned by the district and establishing the t 38 conditions under which the district will engage in and 39 maintain its services. 40 (e) The manner in which the commission shall meet, 92 530 -29— SB 1517 lay 1 legislate, and generally conduct the business of the for 2 district. ty, 3 Sec. 311. The commission may adopt, by ordinance, he 4 rules and regulations to be incorporated into the ct. 5 administrative code of the district, and may provide or 6 therein the conditions and circumstances under which to, 7 the district shall furnish services or facilities to persons or nd 8 lands within or outside of the district or to carry out any he 9 other provisions of this act, including provisions for the 10 collection of fees, charges, assessments, and the method :ed 11 of enforcement, collection, and penalties for ise f 12 noncompliance. id, 13 Sec. 312. The rules and regulations may provide that ce, 14 the facilities or other services authorized by this act shall 15 not be furnished to (1) persons who violate the rules and ant 16 regulations or against whom there are delinquent water, ats 1 17 sewer, standby, facility, or other charges, or penalties or 18 interest on any of those charges or (2) land against which iin 19 there is a delinquent assessment. or 20 Sec. 313. At least 30 days prior to adopting the rules or 21 and regulations, the commission shall adopt a resolution 22 of intention, set a date, and give notice of a public hearing to 23 on the proposed ordinance establishing the rules and ad 24 regulations. The resolution and the notice shall describe ct 25 the scope and nature of the rules and regulations and an 26 indicate the penalty for violation thereof. all 27 Notice shall be provided pursuant to Section 6061 of the 1g: 28 Government Code. In addition, the city and the county ies 1 ;- 29 shall be provided with 10 days' written notice of any public hearings. of 31 See. 3 Afterthe rules 12a e been of 32 adepted an4 aFe � e€€eet €eF 60 of mere; vy a is a fnisdeffieafter. ee t4 Sec. 315. The district may enter into agreements with 35 the United States for purposes of repayment of the of 36 federal funds to construct such improvements and he 37 facilities as may be authorized pursuant to federal, state, nd 38 and local laws, and as described in the Water Resources 39 Development Act of 1986, and to operate and maintain in et, 40 perpetuity the ocean entrance, waterways, and 530 92 550 SB 1517 — 30— 1 associated facilities. 2 Sec. 316. The district may join with the United States, 3 the state, the county, the city, a district, or other public 4 or private corporation, or one or more or any 5 combination thereof, for the purpose of carrying out any 6 of the powers of the district, including, without 7 limitation, provisions for the financing of acquisitions, 8 construction, developments, and operation. 9 10 CHAPTER 4. WETLANDS CONSERVATION AND STATE 11 LANDS 12 13 Article 1. Restoration of Wetlands and Transfer of 14 Additional Lands to State 15 ..-- 16 Sec. 400. The district shall enter into an agreement 17 with the State Lands Commission and the Department of 18 Fish and Game, the owners of any lands within the °19 district, any agency or organization managing the 0/ wetlands, and the proponents Y P an project ro onents to take and all 21 actions agreed upon to implement wetlands restoration, 22 provide secure funding sources for wetlands restoration 23 and maintenance in perpetuity, and to exercise all of its 24 powers set forth in this act to ensure complete restoration 25,.<,of the wetlands by implementing the wetlands 2restoration plan in compliance with the ee-�d Bolsa Chica Local Coastal Program, when certified. 28 Sec. 406. If the state acquires ownership of additional 29 lands within the district, those lands, at the option of the 30 state, shall be detached from the district by the exeetttief 31 eteknewledgefnent,. a of a creed €rem the a 32 awner to the st4e pursuant to subdivision (d) of Section 33 50. i 34 The state shall neti€y the distriet,ift witin-g,of that feet; 35 and file a pf:epesed deed with the district a+ the time of 36 netiee. Upon f:eeeipt e€that netiee and creed, the dlstriet 37 shad adept s reseltrtien setting €artk the legal 38 of the land eentained ift the deed, ft ter ,t e , 39 i the f-aet that the a,.ser-:b,-.,a lands a-re tie lenger h 40 ..r the distr-iet. f 92 561 ia f —31 — SB 1517 1 A eer6fiedeepy of the reselutiett shaR be wed with the 2 heeal of the eeunty ,, 4 ates, 3 whieh time the aet e f shaR be deemed eefftplete iblic 4 and aR msessl:nen+s; eherges, tames fees, er liens thereett any i 5 diseharged, any 6 Sec. 407. Upon acquisition of additional lands by the pout 7 state within the district, those lands shag may be ions, 8 detached from the district by the e€ a deed 9 fro the ewner to the state and pursuant to subdivision 10 (d) of Section 50 and the district shall discharge all ATE 11 assessments, charges, liens, taxes, or fees thereon } 12 13 of 14 Article 2. Relationship Between Wetlands Restoration 15 and Development 16 lent 17 Sec. 409. There shall be a minimum of 915 acres of it of 18 high quality, fully functioning wetlands and 86.8 acres of the 19 e, vironmen tally sensitive habitat areas created or the 20 rc stored onsite in the Bolsa Chica study area, as required I all I ion, 21 by the Bolsa Chica Land Use Plan dated December 1985, 22 and conditionally certified by the coastal commission. All ion 23 development within the Bolsa Chica study area shall be fits 24 in conformance with the Wetlands Restoration Plan ion 25 prepared as part of the Bolsa Chica Local Coastal ads 26 Program and with the biological resources management g g g" )lsa 27 components policies of the Bolsa Chica Land Use Plan. anal 28 Any changes to the Bolsa Chica Land Use Plan are subject 29 to the review and approval of the coastal commission. the - 30 Sec. 410. The development rights on the mesa area 31 within the district shall be conditioned on the �e 32 requirement that, as a condition of sale of each residential ion 33 unit by the original builder of that unit, the sum of one ` 34 thousand eight hundred dollars ($1,800) per dwelling 35 unit on the mesa area is deposited in the district's 36 wetlands restoration fund created in subdivision (b) of 37 Section 700. However, the initial deposit of one thousand 38 eight hundred dollars ($1,800) per dwelling unit does not 39 in any way limit the district's authority to levy additional ' 40 amendments on the mesa area as may be needed to 92 571 �fi l i i SB 1517 —32- 1 assure adequate funding to accomplish restoration and 2 maintenance of the wetlands and environmentally 3 sensitive habitat areas, as specified in the Bolsa Chica Land Use Plan. See: 444- Prier to any dev,elepffietA ift the wetlands 6 leeated�the di�-iet;a w�afee ne less eee a� 7 e�half tfnes the sire of the wetland area fef 8 dev,elepffient 9hft4 he restered tea eefiditieft. of high 9 q �, aftd a wedatid afea tie less fliftft ewe and efleEhft € 10 times as large as the wetlet3d arefr prepesed for t 11 deyelepmefit shall he er-eated withift the diet- In fie 12 ease shall the fixa4 dev,elepfnent area he less in size these 13 efixethird e€ the fifta4 wetland ste -a'-i area- 14 See- 44-2, wetlands &fie abeN,e 852 aeeas, as 15 deheed in the P effibe-- 4985,Belsa Ghiea beeal Geastal 16 Lafid l-se sae, is to he restered, bttt lar3d within the 17 desig t weids rester-ettieft areas isuneev,ailable-, 18 interim ensite e-ef€eite ste -ati mad he aeeeffipli 19 with a higher pr--ierity €ef eesite resterati Ifnnterifft 20 effsite §te e t is eheserr, A shall he e et e� if 21 all of the fellewing exist- 22 -{.a+ Twe aeees shad he restered fer eaeh aet:e lest: 23 +b} At the earliest feasible btit ift fte ease 24 lfttef thae the fines}phase of develepffient, the tee: ,t 25 shall he emoted eesite. 26 - e* of inter-in3 efsite rv-steied 27 wetlands with the requir-ed eesite -~stared wetlands; the 28 ieterim ef€site wetlands shah be edA 30 31 Article 3. State jeiftt e of Pewees with the ` 32 Distr-iet Agreement between the District, the State Lands Commission, the Department of Fish and Game, and other agencies or organizations 35 / 3 Sec. 415. The State Lands Commission, the • 7 Department of Fish and Game, any agency or 3 organization holding title to or managing the wetlands, and the district shall enter into a joint powers or other 40 agreement fe+ the joint of$ewers relating to the 92 590 -33 — SB 1517 1 relating to their respective parcels of property within I( 2 Bolsa Chica. 3 The agreement may provide for, among other things, 4 the ongoing maintenance and preservation of the 5 restored wetlands; the allocation of money and revenue 6 collected from district and state lands; the provision of 7 services by the district to benefit state lands; and the 8 operation and maintenance of the harbor facility. 9 Sec. 416. The Department of Fish and Game, in .° 0 cooperation with the State Lands Commission, any 11 agency or organization holding title to or managing the 1 wetlands, and the district shall annually adopt a budget P3 and management program to implement the wetly 14 t:estef ati plan. 1-ft amen and as aft inter l past of 15 the budget aftd fnanageffieftt pfegrafn, det&iled 16 s shall be fade €ef the engeiftg ffiaintenetnee 17 and pr-esefvettn e€ a ftAly fitnetieftifig ale wedetfids 18 hetbitat a-Rd tentally sensitive habitat area 19 pur-suftnt to the eer-tified leeal eeetstetl the 20 ongoing maintenance and preservation of a functioning 21 viable habitat pursuant to the local coastal program, 22 when certified. 23 The parties shall provide, in the agreement described 24 in Section 415, the means by which funds shall be 25 identified and obtained from local and other sources, 26 including the wetlands conservation fund, to administer 27 the wedands restef:etti ' and the � 28 fnainteftettiee pt:egr-afn set eut abeve in . . the 29 ongoing maintenance and preservation of the wetlands 30 pursuant to the wetlands restoration plan in perpetuity. 31 32 Article 4. Abatement of Solid Wastes 33 34 Sec. 420. For purposes of this chapter, the district may 35 acquire or lease equipment, construct appurtenances, 36 hire personnel, or enter into contracts with private 37 persons or other governmental agencies, to abate, collect, i 38 and dispose of solid wastes, the presence of which 39 threatens or potentially threatens the public health, 40 wildlife, or the wildlife habitats in the district. , 92 CM SB 1517 -- 34 — 1 . Sec. 421. This article is supplemental to state law and 2 local ordinances govering the control and abatement of 3 solid wastes by public health agencies, and any programs 4 or activities undertaken by the district or any rules and 5 regulations adopted pursuant to Section 311. 6 The purposes of this article shall be consistent with the 7 policies, programs, and rules and regulations of any state 8 or local agency having primary responsibility for the 9 control or abatement of solid waste within, or 10 immediately adjacent to, the district. 11 Sec. 422. For purposes of this article, "solid wastes" 12 means all putrescible and nonputrescible solid, 13 semi-solid, and liquid wastes, including garbage, trash, 14 refuse, paper, rubbish, ashes, industrial wastes, 15 demolition and construction wastes; abandoned vehicles 16 and parts thereof, discarded home and industrial i 17 appliances, manure, vegetable or animal solids, and 18 semi-solid wastes, and other discarded solid and 19 semi-solid wastes. 20 21 Article 5. Flood Control 22 23 Sec. 425. The purpose of this article is to provide for 24 coordination with other governmental agencies having 25 jurisdiction to control flood and storm waters, or runoff 26 from irrigation, commercial, and residential sources, 27 from either within or outside of the district, that present 28 .a threat, potential threat, or that would adversely affect 29 wildlife, wildlife habitat, or ecological balance of the 30 wetlands, or the harbors, waterways, or public roads 31 within the district. 32 To the extent that those other agencies do not have 33 specific jurisdiction or programs to control or manage 34 those flood, storm, or runoff waters, the district may 35 control and manage those waters. 36 Sec. 426. In carrying out this article, the district shall 37 give priority to the restoration, enhancement, and 38 maintenance of the wetlands, and shall cooperate with 39 and comply with the ordinances, policies, and rules and 40 regulations of the Orange County Flood Control District. 92 620 I — 35 -- SB 1517 '{ ; 2 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS i 3 4 Sec. 500. If an ocean entrance and harbor facilities are 5 approved in accordance with applicable laws, the district ;I 6 may enter into agreements or contracts to operate, 7 maintain, construct, or develop all, or any portion, of 8 these facilities with any federal or state agency, county, i; 9 city, district, or any combination thereof, having 10 jurisdiction over or authority to manage those ocean 11 entrance and harbor facilities. Nothing in this chapter 12 requires any of the above governmental entities to enter j 13 into agreements or contracts with the district even if the f 14 governmental entities acknowledge and agree that the r 15 operation of the small craft harbor will involve the district and private parties and that the activities of all 7 involved parties shall be coordinated. The district shall Jj 18 not exercise its powers in a manner which unreasonably 19 restricts the public from navigation upon naviga e 2 wa1`ers c�rthin the ocean entrance and harbor facilities. Sec. 501. The agreements or contracts entered into 22 pursuant to Section 500 may authorize the district to 23 acquire, construct, reconstruct, improve, repair, develop, 24 maintain, and operate, a harbor and all facilities 25 appurtenant thereto, connected therewith or incidental 26 thereto, including, without limiting the generality of the 27 foregoing, the following: j 28 (a) The acquisition, reconstruction, repair, and 29 maintenance of vehicle parking areas, landscaping, 30 appurtenant utilities, bulkheads, seawalls, wharves, 31 docks, ways, ferry slips, warehouses, streets, roads, drives, 32 parkways, avenues, approaches, marinas, aquatic 33 playgrounds, beach parks, bathing beaches, and other 34 recreation facilities, together with structures and j 35 facilities incidental thereto. 36 (b) The acquisition, construction, reconstruction, 37 repair, maintenance, operation, development, and 38 regulation of fueling, loading and unloading, towing, 39 repairing, warehousing, shipping and reshipping, and 40 other facilities, aids, equipment, or property necessary 92 640 SB 1517 —36 - 1 for, or incidental to, the development and operation of 2 the harbor. 3 (c) The acquisition, construction, reconstruction, 4 repair, maintenance, and operation of fire protection 5 apparatus, and sanitary,and other facilities necessary for 6 the proper protection of the harbor. 7 (d) Adopt rules and regulations for the use of harbor 8 facilities and the navigable ocean entrance. 9 Sec. 502. Any county, city, or other political 10 subdivision or agency of the state, hereafter referred to ] 11 as "public agency," which has been invested by grant ] 12 from the state with the ownership, possession, control, or ] 13 management of tidelands and submerged lands or any ) 14 other lands lying under, washed by, or abutting the ) 15 Pacific Ocean, or inland waters of the state, including the 16 beds of navigable rivers, streams, lakes, bays, estuaries, 17 inlets, and straits, may, with the prior written consent of 18 the State Lands Commission, agree in writing that the 19 district shall, for the term stated in the writing, have all : 20 or any right, title, and interests of the public agency and 21 exercise all or any jurisdiction of the public agency in the 22 lands over the lands or any portion thereof. j 23 Sec. 503. The district may lease any property, 24 whether real or personal, and any interest therein to, of, 25 and from any person, firm, or public or private 26 corporation, or public agency with the privilege of 27 purchasing or otherwise. 28 Sec. 504. Any rules and regulations adopted by the ' I 29 district for the use of harbor facilities and any ocean ' 30 entrance may include, but are not limited to, the 31 following: 32 (a) . The regulation of anchoring, mooring, towing, 33 wharfage, and dockage of vessels and the establishment 34 and collection of rates, fees, and charges therefor. 35 (b) The establishment and collection of rates, fees, and 36 charges for service from or use of of the facilities g o y 37 owned, controlled, furnished, or operated by the district. 38 (c) The supervision of pilots and the pilotage of all 39 vessels within the harbor facilities and any ocean ' 40 entrance and the establishment and collection of fees and 92 650 —37 — SB 1517 (i 1 charges therefor. I g 2 (d) The issuance of licenses and permits for privileges 3 to be exercised in and about the harbor facilities and any 4 ocean entrance upon equal terms and the establishment 5 and collection of rates, fees, and charges therefor. Funds 6 collected pursuant to this section shall first be utilized for 7 sand replenishment purposes as specified in Section 509. 8 Sec. 505. The district may sell and issue franchises 9 relating to the harbor facilities and any ocean entrance 10 and its works, appurtenances, properties, and rights in 11 accordance with any procedure which may be prescribed 12 by ordinance. 13 Sec. 506. The district may advertise its advantages 14 and solicit business within or outside the district, within 15 other states or any foreign countries, through its 16 employees or agents. 17 Sec. 507. For the purpose of carrying out fully this is 18 chapter, the district may enter into an agreement with 19 the state or the county, or both, for the operation and 20 maintenance of any of the facilities acquired, 21 constructed, or within the jurisdiction of the district 22 pursuant to this article, including state lands. 23 Sec. 508. All or a portion of the harbor facilities and 24 the ocean entrance may be constructed by funds 25 provided by the federal government pursuant to the 26 Water Resources Development Act of 1986. 27 Sec. 509. I£ an ocean entrance is authorized and 28 constructed, the district shall maintain the sand supply to 29 the beaches within the littoral cell from Anaheim Bay to 30 Newport Bay so that the mean high tide line does not 31 retreat landward from the line existing prior to 32 construction of the ocean entrance , as determined by the 33 State Land Commission. The district shall provide secure 34 funding searees for the maintenance of the sand supply 35 to the beach prior to construction of an ocean entrance. 36 37 CHAPTER 6. WATER AND SEWER FACILITIES 38 39 Article 1. General Provisions 40 92 670 SB 1517 — 38 - 1 Sec. 600. The district shall finance and construct 2 water and sewer facilities necessary for development of 3 the property within the district. 4 Sec. 601. At the time of connection of any residential 5 or commercial structure, improvement, or group of 6 structures or improvements to the water or sewer 7 systems acquired or constructed by the district, the 8 district shall dedicate and the city shall accept dedication 9 of all portions of the water and sewer systems necessary 10 to provide water and sewer service to those structures or 11 improvements. 12 Sec. 602. Upon dedication of all or any portion of the 13 water and sewer system to the city, the city shall 14 thereafter provide water and sewer services on a uniform 15 basis without discrimination to all properties with water 16 and sewer connections on the dedicated portions. The 17 city shall operate the system to allow the nondedicated 18 portions to serve the project area in a timely and 19 reasonable manner. 20 Sec. 603. The city may impose ,a water rate and a 21 sewer fee for the provision of water and sewer services to 22 users within the district which will cover the cost to the 23 city of providing those services, including a reasonable 24 surcharge. 25 Sec. 604. At the time of dedication of the water or 26 sewer systems to the city, a connection fee shall be paid 27 in an amount specified by applicable city ordinances. 28 Sec. 605. Neither the district nor the city may impose 29 a water rate or water fee on the delivery, transmission, or 30 . provision of unappropriated nonpotable water used in 31 connection with the implementation of the wetlands 32 restoration plan. Except for flood control purposes, the 33 district shall not restrict, direct, or terminate the flow of 34 nonpotable water required for the restoration and for 35 maintenance of the wetlands. Nonpotable water 36 includes, but it not limited to, feasible runoff arising from 37 the southern bluffs and the Wintersburg Flood Control 38 Channel and tidal waters. 92 680 ' - 39 — SB 1517 1 Article 2. Sewer Facilities 2 3 Sec. 620. The district may acquire, construct, furnish, 4 maintain, and repair facilities for the collection, 5 transportation, treatment, and disposal or reclamation !I 6 and reuse of sewage. 7 Sec. 621. Any sewer system designed and constructed i 8 by the district and any improvements thereto shall be 9 designed and constructed in accordance with the ! 10 requirements of the city for those facilities, shall be 11 compatible and connect with the existing systems within 'i 12 the city, and shall be approved by the city engineer. 13 Sec. 624. The district may construct its sewers in 14 public streets or roads and in its rights-of-way and, for 15 that purpose, may enter upon those.lands and make all 16 necessary and proper excavations, restoring the land and 17 improvements to proper condition. 18 The work of restoring and repairing any public street 19 in the district shall be done under the supervision of the 20 city department of public works at cost to the district and 21 in accordance with the standards established by the city. 22 Sec. 628. The district may require any resident or • 23 property owner who desires to have any structure 24 connected to a district owned or operated sewer system 25 to pay a proportionate share of the cost of that system if 26 the property upon which the structure is located had not 27 been assessed for its share of the cost of the acquisition, 28 construction, or installation of the sewer system or the 29 landowner had failed to pay the assessment. 30 31 Article 3. Water Facilities 32 33 Sec. 630. The district may acquire, plan, construct, 34 maintain, improve, and repair the necessary works for 35 the production, storage, transmission, and distribution of 36 water for irrigation; domestic, industrial, and municipal 37 purposes. 38 Sec. 631. Any water system designed and constructed 39 by the district and any improvements thereto shall be 40 designed and constructed in accordance with the 92 7(x) SB 1517 -- 40 — i 1 requirements of the. city for the facilities, shall be ; 2 compatible and connect with the existing systems within 3 the city, and shall be approved by the city engineer. 4 Sec. 632. The city shall supply and deliver water to 5 the area during the development stage of the project at 6 a reasonable charge for providing those services, plus a 7 reasonable surcharge. 8 9 Article 4. Alternative Provisions 1 10 1 11 Sec. 640. If the city is unable or refuses to accept 1 12 dedication of the sewer service or water system or 1 13 provide services related thereto, until such time as the 1 14 city is able or consents to provide those services, the 1 15 district may contract with another agency for the 1 16 services. If no such agency is available, the district may 1 17 acquire, control, distribute, and sell any water, and 1 18 provide sewer service for the beneficial use or uses of the 1 19 district or its inhabitants. The district may impose a water F " 2 20 rate and a service fee for provision of water and sewer ��j�G 2 21 services within the district pursuant to this section. 22 Sec. 641. Any groundwater production activities of 2 23 the district shall be undertaken in compliance with the 2 24 well registration, replenishment assessment, and basinC�; 2 25 equity limitation and assessment provisions of the 2 26 Orange County Water District Act (Chapter 924 of the 2 27 Statutes of 1933). 2 28 Sec. 642. The district.shall not store water within the 2 29 Orange County groundwater basin, nor shall it undertake 3 30 any groundwater replenishment or groundwater 3 31 management or regulation functions without first 3 32 securing the consent, by resolution, of the governing 3 33 body of the Orange County Water District to conduct 34 those groundwater storage, replenishment, 35 management, or regulation activities. 36 Sec. 643. The district shall not sell, distribute, 37 transport, ountnvey _groundwater produced from the 38 Oran ge County groundwater basin outside 39 boundaries of the Orange County Water District. �) , 92 720 i — 41 — SB 1517 1 CHAPTER 7. FINANCIAL PROVISIONS I ; 2 3 Article 1. Annual Budget 4 5 Sec. 700. The commission shall annually provide for 6 the appropriation of money for the use of the following �I 7 funds: 8 (a) A general fund which shall consist of money. 9 received by the district and not specifically appropriated 10 to any other fund and may be allocated for the operations 11 and maintenance of district facilities or services not fully 12 supported b other fund. !� Pp Y any 13 (b) A wetlands restoration fund which shall consist of 14 money received from any source, including district 15 revenues specifically allocated for the purposes of 16 Chapter 4 (commencing with Section 400) . I� 17 (c) A wetlands maintenance and operation fund 18 which shall have funding preference over any other 19 funds specifically allocated for the purposes of Chapter 4 20 (commencing with Section 415) . 21 (d) A federal cost-share fund which shall consist of 22 money received from revenues specifically allocated for 23 the purposes of Chapter 5 (commencing with Section 24 500). 25 (e) A bond redemption fund which shall consist of 26 money received from revenues specifically allocated for 27 the payment of interest and principal on any outstanding 28 bonds of the district. 29 (f) A sand replenishment fund which shall consist of 30 money received from any source, including district 31 revenues, specifically allocated for the purposes of 32 Section 509. 33 Sec. 701. On or before June 15 of each year, the 34 commission shall adopt a preliminary budget which shall 35 conform to the accounting procedures for special districts 36 and the budgeting procedures for special districts of the 37 California Administrative Code. Copies of the 38 preliminary budget shall be forwarded to the State Lands Geffiffiiss aftd the 4 F4,9h a-n4 Gafne by 401 jto +of eael3 yeaf. Commission, the Department of Fish 92 722 B 1517 — 42— %X 1 and Game, and any agency or organization holding title 1 p] f 1to or managing the wetlands, by July I of each year for �''' 2 ir. 3 Itheir review consistent with the budget responsibilities 3 oi 4 het forth in.Section 416. The agencies shall have 30 days 4 5 n which to review the preliminary budget and to provide 5 of 6 omments to the harbor commission on the adequacy d q Y an 6 p � 7 (sufficiency of the budget for contribution to the funds 7 jidentified in subdivisions (b) and (c) of Section 700. 8 9 Sec. 702. The preliminary budget shall provide 9 10 appropriations from the general fund, the wetlands 10 11 conservation fund, the federal cost-share fund, and the 11 12 redemption of any long- -or short-term debts of the 12 F 13 district. 13 r 14 Sec. 703. By September . 15 of each year, the 14 15 commission shall adopt the final budget. Copies of the 15 t 16 final budget shall be forwarded to the State Lands 16 i 17 Commission, the Department of Fish and Game, the city, 17 E 18 and the county. 18 19 19 3 20 Article 2. Administration of Funds 20 21 ?l $ 21 22 Sec. 710. The commission may establish and transfer 22 23 money from the general fund to any other funds it deems 23 24 necessary to carry out this act and allocate revenues to 24 25 the funds in lieu of allocating them to the general fund. "�� 25 26 No revenues specifically allocated to the funds described 26 27 in subdivision (b) , (c) , or (d) of Section 700 may be 27 28 transferred or allocated to any other fund. 28 29 Sec. 711. The commission may, pursuant to Section 29 30 53653 of the Government Code, invest surplus money 30 31 available from any fund and may pool money from two 31 32 or more funds for investment purposes. 32 33 Sec. 712. If the commission pools and invests money 33 34 from separate funds, a portion of the earnings received �� 34 35 from investment shall be allocated to each fund in l 35 36 proportion to the amount contributed from each fund to 36 37 the investment pool. 37 38 Sec. 713. The Treasurer shall, pursuant to Section 38 39 53646 of the Government Code, annually render to the 39 40 commission a statement of investment policy and shall 40 92 750 - I — 43 — SB 1517 1 provide a detailed monthly report on all investments, I 2 including the types of investments, the rate of earnings J� 3 of each, and the distribution of investment earnings. 4 Sec. 714. All money in custody of the district not 5 otherwise invested shall be deposited for safekeeping i 6 pursuant to Section 53635 of the Government Code. 7 8 Article 3. Federal Repayment, Assessment 9 10 Sec. 730. Prior to the adoption of the preliminary 11 budget each year, the chief executive officer shall 12 prepare a report estimating the amount of money 13 needed for the purposes of the federal cost-share fund. 14 Sec. 731. If the commission determines that the 15 money available in the federal cost-share fund is 16 insufficient to meet the amount estimated by the chief 17 executive officer, the commission shall adopt a resolution 18 of intention to levy an assessment within the federal 19 repayment district established pursuant to Section 800. 20 Sec. 732. The resolution of intention shall specify the 21 amount of money needed to be raised by assessment and 22 establish a date, place, and time for a public hearing. 23 Notice of the hearing shall be published pursuant to 24 Section 6066 of the Government Code, and specify a 25 place and time where the resolution and report of the 26 chief executive officer may be seen by interested persons. 27 Sec. 733. Prior to the hearing, the commission shall 28 determine the need to establish a zone or zones within 29 the"federal repayment district. Each zone for which an 30 assessment shall be levied shall be established pursuant to 31 Article 2 (commencing with Section 810) of Chapter 8 32 and referred to as a participating zone. 33 The commission shall determine the proportional 34 amount of the total assessment that shall be borne by each 35 participating zone based upon the benefits derived by 36 the respective zones. 37 It is declared that, for purposes of any assessment 38 levied under this article, the property so assessed within 39 a given zone is equally benefited. 40 Sec. 734. At the time and place fixed for the hearing; 92 7W I S.B 1517 — 44— 1 or at any time to which the hearing may be continued, 1 Im 2 the commission shall consider all written or oral 2 (cc 3 objections to the proposed assessments. During the 3 Mu 4 course of the hearing, the commission may establish new 4 (cc 5 zones or exclude established zones from participation, 5 6 may change the boundaries of zones, or may reduce or 6 pu 7 increase the amounts to be assessed within each zone. 7 6.1 8 Sec. 735. At the conclusion of the hearing, the 8 Di 9 commission may abandon the levy of the proposed 9 10 assessments or approve them as originally proposed or as 10 col 11 amended during the course-of the hearing. 11 co: 12 Sec. 736. If the commission abandons the levy of the 12 ch 13 proposed assessments, no further proceedings related to 13 pe 14 assessments for the federal cost-share fund may be 14 to 15 undertaken for a period of not less than six months 15 16 following the conclusion of the hearing. 16 sh 17 Sec. 737. If the commission approves the levy of 17 Li 18 assessments, no additional assessments related to the 18 of 19 federal cost-share fund may be implemented for a period 19 ei 20 of not less than one year following the effective date of 20 ei 21 the levy of the first assessment. 21 22 Sec. 738. Revenues generated through assessments 22 ir. 23 levied pursuant to this article shall be deposited in the 23 tc 24 federal cost-share fund and shall be used for the purposes, 24 it 25 for which that fund is established. �� 25 n 26 Sec. 739. Assessments levied pursuant to this article 26 u 27 shall be a lien on all the property benefited thereby. 27 a 28 Liens for those assessments shall be of the same force and 28 29 effect as other liens for taxes, and their collection may be 29 a 30 enforced by the same means provided for in the 30 a 31 enforcement of liens for state and county taxes. 31 c 32 Sec. 740. No assessments may be levied by the district 32 33 on property outside district boundaries. 33 34 34 35 Article 4. Improvement and Benefit Assessments 35 36 36 37 Sec. 750. The district may levy assessments to finance 37 38 capital improvements pursuant to the Improvement 38 39 District Act of 1911 (Division 7 (commencing with 39 40 Section 5000) of the Streets and Highway Code) , the �_ 40 92 780 - 45 — SB 1517 1 Improvement .Bond Act of 1915 (Division 10 I� 2 (commencing with Section 8500) of that code) , and the 3 Municipal Improvement Act of 1913 (Division 12 4 (commencing with Section 10000) of that code) . 5 Sec. 751. The district may levy benefit assessments 6 pursuant to the Benefit Assessment Act of 1982 (Chapter 7 6.1 (commencing with Section 54703) of Part 1 of 8 Division 2 of Title 5 of the Government Code). 9 Sec. 752. All county officers charged with the duty of 10 collecting taxes shall collect, upon request of the 11 commission, district assessments levied pursuant to this 12 chapter with the general county taxes, with the same 13 penalties and interest, and, when collected, shall be paid 14 to the district. 15 Sec. 753. Assessments levied pursuant to this article 16 shall be a lien on all of the property benefited,thereby. 17 Liens for those assessments shall be of the same force find 18 effect as other liens for taxes, and the collection may be i 19 enforced by the same means as provided for in the C20 enforcement of liens for state and county taxes. I 21 Sec. 754 Annualassessments and financial obligatio ns 22 imposed pursuant to this act, including, but nor limited 23 to, general obligation . bonds, revenue bonds, 24 improvement district bonds, and standby charges, shall 25 not exceed 1 percent of the assessed value of the property 26 within the district, as established by the latest equalized 27 assessment rolls. 28 Sec. 755. Notwithstanding dny other -section of this 29 act, the district shall not impose any fees, special 30 assessments, assessments, or taxes on oil or gas in place or 31 on the removal, processing, storage, or sale thereof. 32 33 Article 5. Rates, Charges, and Fees i 34 35 Sec. 760. The district may, in lieu, or in whole or in Q 36 part, of raising money for district purposes by assessment, 37 make water capacity available to the holders of title of 38 land or the occupants thereon, and may fix and collect 39 charges therefor. The charges may include standby 40 charges to landowners to which water may be mado 92 8M SB 1517 —46 -- 1 available whether the water is actually used or not. " 1 charg( 2 The charges may vary in different months and 2 constr ic 3 different localities of the district to correspond to the cost 3 dis c 4 and value of the service, and the district may use so much 4 Sec. 5 of the proceeds of the charges as may be needed to defray 5 Sectisurcho 6 not t 6 the ordinary operation or maintenance expenses of the t 7 district and for any lawful district purpose. 7 not tl 8 Sec. 761. The commission may fix, regulate, and . 8 lessee 9 collect rentals, fees, or charges for the parking of vehicles 9 Sec 10 in parking areas under the district's control, and may 10 pursu 11 provide rates for different classes of customers or users. 11 conse 12 Sec. 765. Prior to fixing or amending fees or charges 12 sand 13 for the parking of vehicles, the commission shall adopt a 13 are f 14 resolution of intention to do so, which resolution shall 14 deter 15 establish a date, time, and place for a public hearing no 15 surch 16 sooner than 30 days after adoption of the resolution of 16 Sec 17 intention. 17 charg 18 Notice of the hearing shall be provided pursuant to 18 perm 19 Section 6061 of the Government Code at least 15 days 19 5499C 20 prior to the hearing. A place and time shall be established 20 Sec 21 for any interested person to review the proposed fees or 21 adop 22 charges the commission intends to fix. 22 annu 23 Sec. 766. The proceeds of the fees and charges for the 23 hear. 24 parking of vehicles shall be placed in the district's general 24 25 fund and expended for the maintenance, operation, 25 26 repair, and improvement of parking laces under control 26 P � P P gP 27 of the commission. 27 Se — 28 Sec. 767. At the end of each fiscal year, the 28 estal 29 commission shall direct the district's finance officer to 29 the 30 determine if the proceeds of parking fees and charges 30 31 were in excess of the costs of normal operations, 31 32 maintenance, and repairs. 32 33 If the finance officer determines an excess exists, the 33 S( 34 commission shall transfer the amount of the excess from 34 req bli 35 the general funds to the wetlands conservation fund to be `� 35 rev 36 used thereafter for the purposes and duties of the district 36 r rev 37 as provided in Chapter 4 (commencing with Section 37 pay 38 400) . 38 7 ( 39 1 0 39 Sec. 768. The commission may fix and alter rates of 40 wharfage charges, slip fees, anchorage fees, and other ; 92 820 it --47 — SB 1517 1 charges for the use or right of use of any facilities 2 constructed, owned by, or under the control of, the 3 district pursuant to this act. 4 Sec. 769. The commission may establish an annual 5 surcharge, in addition to charges and fees authorized by 6 Section 768, for use of district-owned facilities, whether or 7 not those facilities are under control of the district, a 8 lessee, or another governmental agency. 9 Sec. 770. Proceeds from surcharges collected I' 10 pursuant to Section 769 shall be deposited in the wetlands 11 conservation fund or the federal cost-share fund or the j 12 sand replenishment fund for uses for which those funds !I� 13 are established by this act. The commission shall 14 determine annually the disposition of the proceeds of 15 surcharges prior to the adoption of the annual budget. 16 Sec. 771. The commission may establish a schedule of 17 charges or fees pursuant to, and for any purpose 18 permitted by, Chapter 13 (commencing with Section 19 54990) of Division 22 of Title 5 of the Government Code. 20 Sec. 772. The schedule for charges and fees shall be 21 adopted or amended annually prior to the adoption of the 22 annual budget and shall be considered at the time of the 23 hearing set for the consideration of the annual budget. 24 25 Article 6. Real Estate Transfer Tax or Fee 26 27 Sec. 774. The district may not levy any form of real 28 estate transfer tax or fee for any purpose associated with 29 the Bolsa Chica land development. 30 31 Article 7. Short-Term Borrowings 32 33 Sec. 790. If money is needed for the immediate 34 requirements of the district in any fiscal year to pay 35 obligations lawfully incurred and before receipt of 36 revenues for the fiscal year is sufficient to meet 37 payments, money may be borrowed pursuant to Article 38 7 (commencing with Section 53820) of Chapter 4 of Part 39 1 of Division 2 of Title 5 of the Government Code. 92 ti30 SB 1517 —48— 1 Article 8. Bonded Indebtedness 1 ri 2 2 di 3 Sec. 793. For the purpose of issuing bonds, the district 3 4 may exercise the authority and be subject to the 4 a! 5 provisions and limitations of Chapter 2 (commencing 5 tl 6 with Section 35950) of Part 6 of Division 13 of the Water 6 ai 7 Code. The commission shall have, with respect to the 7 31 8 issuance of bonds, the same rights, powers, duties, and 8 sl 9 responsibilities as the board of directors of a California 9 p 10 water district. 10 d 11 Sec. 794. For the purpose of issuing general obligation 11 12 bonds, the district shall be subject to the authorization, 12 b 13 limitation, and procedures of Chapter 3 (commencing 13 C 14 with Section 36150) or Chapter 3.5 (commencing with 14 c 15 Section 36250) of Part 6 of Division 13 of the Water Code. 15 s 16 The commission shall have, with respect to the issuance, 16 k 17 sale, redemption, and other miscellaneous provisions 17 N 18 pertaining to the administration of general obligation 18 N 19 bonds provided in that Chapter 3 or 3.5, the same rights, 19 20 powers, duties, and responsibilities of the board of 20 21 directors of a California water district. 21 22 Sec. 795. For the purpose of issuing revenue bonds, 22 23 the district shall be subject to the provisions, procedures, 23 24 and limitations of Chapter 4 (commencing with Section 24 25 36300) of Part 6 of Division 13 of the Water Code. The r 25 26 commission shall have, with respect to the issuance, sale, 26 27 and administration of revenue bonds and other 27 28 miscellaneous provisions of that Chapter 4, the same 28 29 rights, powers, duties, and responsibilities of the board of 29 30 directors of a California water district. 30 31 Sec. 796. Improvement districts consisting of 31 32 contiguous or noncontiguous portions of the territory of 32 33 the district may be formed, and bonds and warrants of : �'� 33 34 the district may be issued for those improvement districts �A 34 35 pursuant to Chapter 4.9 (commencing with Section 36 36410) , Chapter 5 (commencing with Section 36450) , and 36 37 Chapter 6 (commencing with Section 36455) of Part 6 of 37 38 Division 13 of the Water Code. The commission shall` h'sj 38 39 have, with respect to the formation of improvement 39 40 districts and the issuance of bonds therefor, the same 92 850 -49— SB 1517 , 1 rights, powers, duties, and responsibilities of the board of 2 directors of a California water district. 3 Sec. 797. For the purpose of the levy and collection of 4 assessments and other provisions of law related thereto, 5 the district shall be subject to the provisions, proceedings, 6 and limitations of Part 7 (commencing with Section 7 36550) of Division 13 of the Water Code. The commission "w 8 shall have, with respect to assessments, the same rights, 9 powers, duties, and responsibilities of the board of 10 directors of a California water district. 11 Sec. 798. Prior to the completion of the investigtion 12 by the District Securities Division of the State Treasurer's 13 Office undertaken pursuant to this article, the 14 commission shall by resolution notify the board of ; 15 supervisors that it intends to provide for the issuance of 16 bonds. The resolution shall be accompanied by a report 17 which describes the plan of the project to be financed 18 with the proceeds of the bonds in such detail as the 19 county auditor-controller may require and shall also be 20 accompanied by such other information as the 21 auditor-controller may require, including a copy of any 22 report available from the District Securities Division of 23 the State Treasurer's Office concerning those 24 proceedings. 25 Sec. 799. (a) No later than 120 days following receipt 26 of the district's resolution of intention, the board of 27 supervisors shall by resolution make findings regarding 28 the following: 29 (1) The extent to which the facilities or works to be 30 acquired or constructed with the proceeds of the bonds 31 are needed to accomplish the purposes of the certified 32 Bolsa Chica Local Coastal Program and are in compliance D3 with the limitations and conditions of that program. 34 (2) That the amount of the annual assessments for standby charges, existing bond issues, and bonds to be 36 issued does not exceed 1 percent of the assessed value of 37 the lands within the district, based upon the county's 38 latest equalized assessment rolls. � (3) That the proceeds of the bonds shall net only be ` f used to e& works of €iteilities t44 under 92 861 I SB 1517 — 50— 1 eee e ei aye e 1 2 e€ the landown , as 2 3 €ef ift the deyelopffient agreeffie acquire or 3 4 onstruct public works or public facilities that may be 4 5 defined by applicable county or city guidelines or 5 6 standards or as provided by the development agreement 6 7 specified in Section 149. 7 (b) No bonds shall be issued prior to the adoption of 8 9 an affirmative finding on each of the issues set forth in 9 10 subdivision (a) and the board of supervisors concludes 10 11 that the issuance is in the public interest. A certified copy 11 12 of the board of supervisors' resolution shall be filed with 12 13 the clerk of the district, the City Clerk of the City of 13 14 Huntington Beach, and the Chief of the District 14 15 Securities Division of the State Treasurer's Office within 15 16 the 120-day period specified in subdivision (a) . 16 17 17 18 CHAPTER 8. FEDERAL REPAYMENT, WETLANDS 18 19 RESTORATION, AND BEACH MAINTENANCE DISTRICT, a 19 20 ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS 20 21 41 ) 21 22 Article 1. Federal Repayment District 22 23 i 23 24 Sec. 800. If the district enters into an agreement to 24 25 obtain funds to construct, operate, and maintain a 25 26 navigable ocean entrance and related facilities pursuant 26 27 to Section 500, it may establish a federal project 27 28 repayment district within all or a portion of the district 28 29 to repay all federal costs as agreed to by the parties to the 29 30 agreement. 1 30 31 That district shall consist of lands that will generate 31 32 revenues from any source, which revenues shall be 32 33 allocated for deposit in the federal cost-share fund and 32 34 used for the purposes for which that fund is established 39 35 by this act. T: 36 Sec. 801. The federal repayment district may consist 3( 37 of separate zones of benefit established pursuant to 3' 38 Article 2 (commencing with Section 810) . 3; 39 The types and levels of assessments or charges levied 31 40 within each zone shall be, as near as is practical, related" 41 92 880 — SB 511517f: 1 to the benefits:received within--each zone.- The•type.-and 2 level of assessment:or charge-sliall be 'uniform` within . 3 each zone: . 4 Sec. 802. . Zones of benefit formed for..purposes of this 5 article ,shall be established, 'altered, -"or: dissolved `as- 6 -provided in Article'2 ,(commencing`with-Section'..810) 7 except that no zone established as provided in this article 8 shall be altered or dissolved so as to impede or hinder the .- . 9" district from fulfilling its'obligations or responsibilities as 10 ;a .party to any, :agreement entered into `pursuant .:to 11'- Section 500. 12 13 Article 2. ' Zones.'of Benefit 14 15 Seca 810.' ' The district m+a y esta.bh- zones f benehfito any portion of the terrtory:of the. disrct:- Te16 within 17 zones, .may__be established, . providing"the. -commission 18 makes either_of the following.,findings;r 19 __ (a)_The _.land: or inhabitants 'withffi fh& zone will 20 receive';special benefit; from. tlie:cervices .or programs 21 provided within the zone or that special circumstances. 22 :require.the district to extend -a service.or a:higher.level 23 of service to the area of the zone than that which is 24 =required in other portions of-the district.. _ I� 25.'4' b The land or inhabitants of the zone may be.sub'ect 26.1,:to additional charges or ,assessments for the services or 1�' 27 ��.:progr'ams extended to the zone or for services which are � 28, •provided at. a" higher level than in other areas of the 29' district. . . i, 30Z Sec.:.811. Upon making findings pursuant to Section 31- 810,•.the district may adoptt-a resolution of� intention to 32 form a zone and to set a date, time, and place for hearing 33, on' the.. resolution. 'Notice of hearing shall be provided 34 pursuant to Section 6066 of,the Government Code. l 35 Sec. 812. Prior to the adoption of. a resolution of 36 intention, .'the -district shall direct. the chief executive 37- ''officer 'to prepare a __report describing the- 'area 38 •`iecommended for inclusion in the zone, the programs,, . 39 improvements, or services to be undertaken, and an 40 estimate of the amount of cost thereof. The report shall - i ' I 92 900 I SB 1517 — 52 — 1 include an analysis of the method or alternative methods it 1 p 2 by which funds shall be provided for those programs, 2 ei 3 improvements, or services, and the amount to be borne 3 4 by each of the inhabitants or landowners within the zone. 4 rE 5 Sec. 813. Upon acceptance of the chief executive 5 6 officer's report and adoption of the resolution of 6 h 7 intention, copies of the report shall be made available to 7 8 any resident or property owner within the proposed zone 8 e 9 and to any other person upon written request. 9 a 10 Sec. 814. No sooner than 35 days or later than 70 days 10 si 11 after the adoption of the resolution of intention, the 11 tl 12 district shall hold a hearing and consider protests to the 12 t' 13 formation of the zone. Any time prior to the conclusion 13 14 of the hearing, any resident voter or landowners within 14 v 15 the district may file a written protest or withdraw a 15 a 16 protest previously filed. 16 E 17 Sec. 815. A protest by a resident voter shall contain his 17 18 or her signature and an address sufficient to enable the 18 E 19 place of residence to be ascertained. A protest by a 19 1 20 landowner shall contain his or her signature and a 20 21 description of the land owned sufficient to identify the ^ 21 22 land. A public agency owning land within the zone shall 22 i 23 be deemed a landowner for the purpose of making a 23 i 24 written protest. 24 25 Sec. 816. For protests signed by a resident voter, the 25 26 secretary of the district shall compare the names of the 26 27 signers against the list of registered voters in the office of 27 28 the county registrar of voters. For protests signed by 28 29 landowners, the secretary of the district shall compare 29 30 the names and property descriptions on the protest 30 31 against the property ownership records of the county 31 32 assessor. 32 33 Sec. 817. At any time prior to the conclusion of the 33 34 hearing, the district may include or exclude territory j 34 35 from the proposed zone. If more territory is included, the 35 36 district shall continue the hearing for a period of time 36 37 sufficient for residents or owners of land within the added 37 38 territory to file protests as provided in Section 814. 38 39 Sec. 818. A majority protest shall be deemed to exist 39 40 if the district finds that protests filed and not withdrawn '_ 40 92 920 -53 — SB 1517 1 prior to the conclusion of the second hearing represents 2 either of the following: 3 (a) More than 50 percent of the voting power of the 4 resident voters residing within the proposed zone. 5 (b) More than 50 percent of the assessed value of the 6 land within the proposed zone. 7 Sec. 819. If the district finds that a majority protest j 8 exists, the proposal to establish a zone shall be abandoned 9 and no new proposal to form a zone, including 10 substantially the same purposes, shall be considered by 11 the district for a period of two years following the date of 12 the conclusion of the hearing. 13 If a majority protest has not been filed, the district, 14 within 35 days of the conclusion of the hearing, shall 15 adopt a resolution approving or disapproving 16 establishment of the proposed zone. 17 Sec. 820. Any proposal to include territory to, or 18 exclude territory from, a zone shall be subject to the same 19 provisions and proceedings as a proposal to establish a 20 zone, except for both of the following: 21 (a) In addition to considering and weighing protests 22 from residents or property owners of the land to be 23 included or excluded, the district shall also consider and 24 weigh the protests of residents and property owners 25 within the zone to or from which the territory is proposed 26 to be included or excluded. 27 (b) If the district finds that a majority protest exists 28 within either the territory or the affected zone or the 29 territory to be included or excluded, the proposed 30 inclusion or exclusion shall be abandoned. The absence or 31 existence of a majority protest shall be determined as - 32 provided in Section 809. Vt 33 If a majority protest does not exist, the district shall . = 34 adopt a resolution approving or disapproving inclusion or 35 exclusion. .. 36 Sec. 821. Any proposal to dissolve a zone shall be 37 subject to the same proceedings provided for in this 38 article to establish a zone. 4;; -.,_..__T 39 Sec. 822. A proposal to establish, dissolve, or include 40 or exclude territory from a zone may be initiated by a 92 940 SB 1517 —54 -- 1 petition containing the signatures of not less than 25 2 percent of the registered voters or landowners 3 representing not less than 25 percent of the assessed 4 value of the territory which would be affected by the 5 proposal. 6 Sec. 823. The secretary of the district, in determining 7 . the sufficiency of a petition filed pursuant to Section 813, � 8 shall follow the same procedure for evaluating protests as 9 provided by this chapter. Upon certification by the 10 secretary that a petition is sufficient, the district shall 11 undertake proceedings provided for by this chapter. 12 13 CHAPTER 9. ' MISCELLANEOUS 14 15 Sec. 900. No reimbursement is required by this act 16 pursuant to Section 6 of Article XIII B of the California 17 Constitution because this act is in accordance with the 18 request of a local agency or school-district which desired 19 legislative authority to carry out the program specified in 20 this act and because the other costs which may be = 21 incurred by a local agency or school district will be 22 incurred because this act creates a new crime or 23 infraction, changes the definition of a crime or infraction, 24 changes the penalty for a crime or infraction, or 25 eliminates a crime or infraction. O I 92 950 I REQUEST FOR CITY COUNCIL ACTION Date October 21, 1987 Submitted to: Honorable Mayor and City Council SubmitteIJ by: Paul E. Cook, Interim City Administrator &A) James W. Palin, Deputy City Administrator ��e�'"�� Prepared by: s f- C/J-0 �e ),7 Subject: The Bolsa Bay Harbor and Conservation Distr - SB 1517 Consistent with Council Policy? [ ) Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Senator Bergeson carried over Senate Bill 1517 at the August 17, 1987 Assembly Natural Resource Committee meeting because of numerous last minute amendments that had not been reviewed for concurrence by the city and or other agencies and groups. This action made SB 1517 a two year bill. It was Senator Bergeson's desire that all groups have an opportunity to thoroughly review and discuss these amendments so that there could be a timely recommendation to her office on whether these amendments should be included into SB 1517 or not when heard again in January 1988.. RECOMMENDATION: City Council accept and recommend to Senator Bergeson that she include into SB 1517 those amendments marked o.k. on the attached exhibit "A" labeled "Amendments to SB 1517 as amended in the Senate June 9, 1987." ANALYSIS: Subsequent to the August 17, 1987 Natural Resource Committee meeting, staff established a meeting schedule with Signal Landmark representatives to discuss the amendments proposed for inclusion in the August 17, 1987 copy of SB 1517 which are outlined as Exhibit "A". Many of these amendments within attached Exhibit "A" have been previously reviewed and endorsed by the City Council. These amendments are State Lands amendments, Signal's amendments as well as the city's amendments and were previously communicated to Senator Bergeson's office. Exhibit "A" also incorporated new amendments which the City Council has not had an opportunity to review for a recommendation for inclusion into the bill. i Staff has reviewed these new amendments and recommends that the City Council accept all of them as they are minor in nature and technical only, except for 32.5, 34.5, 36.5 and 41 highlighted in Exhibit "A" by a star. Staff has concerns with that portion of these amendments having to do with ownership aspect of the wetlands. J PI O 5/85 r RCA Our concern is that it should be a State Agency ownership of the Wetlands and that no other agency or organization should hold title to these properties as in the future interest may wane and the groups may attempt to spin off the ownership other than what is intented by the Coastal Plan or of this Legislation. We feel that the state can lease or contract with other agencies to manage if that is their desire. There are also additional amendments being proposed for inclusion into SB 1517 for clarification and technical purposes to correct and eliminate conflict within the legislation pursuant to requested by other agencies just prior to the August 17, 1987 meeting. These additional amendments would be a new Section 115.5 "Definition on Land Use Plan Study Area". Minor amendment to Section 146, clarification to Section 409 by deleting the last sentence and add clarifying language to make the distinction between the county area and city area. Delete unreasonably from Section 500 at request of city, as well as revision to Section 509, which is revised in an intent to set forth more definitive language on sand replenishment, responsibilities on the sand bypass system, as well as area of benefits within the district area and amend Section 700 on setting forth the proper priority on the wetlands maintenance provisions. SB is scheduled to come back before the Assembly of Natural Resource Committee some time in late January or early February, therefore it is the staff's desire to work out amendment language in sufficient time for the City Council communication to Senator Bergeson our position on all amendments. It should be noted that we had a lengthy telephone conference call with Paul Thayer and Signal Landmark representatives Tuesday October 20, 1987 to discuss many of the amendments contained herein. We do not yet have Paul's official position on all of the amendments, however he did concur with many of the amendments and I hope to have State Lands Commission, Fish and Game, Coastal Commission, Assembly Natural Resource and Senate Natural Resource staff positions on these amendments prior to the November 2, 1987 meeting. FUNDING SOURCE: None ALTERNATIVE ACTION: 1. Not to endorse all the amendments as outlined. 2. Amend, at the City Council's desire, any of the amendments proposed herein. 3. After review, direct staff to amend new additional amendments pursuant to City Council discussion. 4. Reject all proposed amendments which may have a delaying effect on the legislation. -2- RCA ATTACHMENTS: 1. Amendments to Senate Bill 1517 2. Additional Amendments under Consideration - SB 1517 3. Assembly Natural Resources Committee Position 4. Senate Bill 1517 JWP:lp 2097r -3- H_'•G_ 12 '_'r' 10:CIS R'H;E'Y. CHLUEROH #tub 1 I M f 8 7 2:6`,12: 2 9 FEC.GBD # Y F: t( )� 11 117 021831 PAGE No. 1 A4cAmmf Substantive AMENDMENTS TO SENATE BILL NO. 1517 AS AMENDED IH SENATE JUNE 9, 1987 Amendment 1 S� • ox On page 3, line 23, strike out the blank and yk� insert ; 30237 A ■endaent 2 A.) RJ dK On page 40 line 16, strike out M, or to" strike outlines 17 to 22, inclusive, and insert : SI T"O or the provisions of the certified Bolsa Chica Land Use Plan Amendment 2. 5 W �k on page 7, strike out lines 17 to 20, inclusive, in line 21 , strike out " (d) " and insert : (b) Amendment 3 CA page -7. line 22t after "within" insert : or excluded from Amendment 4 on page 7, line 250 strike out "its lands Within., the district" and insert : those lands ;Amendment 5 S.4 , ®� 4n page 70 line 29, strike out "within" and insert : 4 included within or excluded from Amendment b ou page 7, line 33, after "incorporation" ¢ insert: �o or dQtachment Amendment 7 s. `. • D� on page 8, strike out lines 11 and 12 f AUG 12 '87 1rI:07 RE;cz;Y. CHLDERC41 P. 65879 ; 87223 12: 29 B9CORD # 40 BF : RN 87 021831 PIGE NO. 2 Amendment 7. 5 s'� • O� on page 8, between lines 29 and 30, insert: ;p Sec. 110.5 . "Harbor commission" means the Bolsa Bay Harbor and conservation District Commission. Amendment 8 `�.� • ®� On page 10 , line 31 , after "includes" .insert : ,,f8 any and Amendment 9 �•� , Q� on page 10 , between lines 33 and 34, insert; Sec. 120.5. ",5tate Lands Commission" means the state agency holding title to and management authority and responsibility over the status sovereign and public trust lands. Amendment 9. 5 on page 110 line 27 , after ^restore, ll insert :cr mate, Amendment 10 .On page 11 , line 400 strike out "Maintain" and insert: Bnter into agreements with the estate to provide desired services which may include, but are not limited to, the authority to saintain Amendment 11 .5•4 1 On page 120 line 12, strike out "Nothing" and, �S insert: Nothing 0 Amendment 12 ,�.4 , on page 12, line 190 strike out "state" and inert: state Lands Commission Amendment 1.3 �•� � ©� on page 1.3 , Line 16, after "trust" insert: 13 i . HUG 1 '87 1:0:07 A SY. r RLDEROH 87216j 412 :79 RECORD # 5C V 'F: R# 187 021831 PAGE No. 3 as determined by the State Lands Cosmission Amendment 14 A-)�94 on page 13 , lines 29 and 30, strike out "prior I to tentative approval of any subdivision maps" and insert : in the manner provided in the annexation-,development agreement required by Section 149 Amendment 14. 5 On page 13 , .line 39, after "area" insert : as long as the agreement does not conflict with or preempt any provision of the certified Eolsa Chica Local Coastal Frograw Amendment 15 on page 14, line 11 , strike out won or before / January 1 , 1988, " Amendment 16 � •L ' on page 14, line 20, after "state" insert unless expressly so stated Imondment 17 On page 14, lines 22 and 23 , strike out � "providing a level of environzental protection less than that of" and insert: preempting Amendment 17. 5 k . &j on page 17 , strike out lines 7 to 25, inclusive, in line 2+6 , strike out "sec. 205. " and insert; Sec. 204. Amendment 18 �514l,tUA�4 on page 17, strike out lines 37 aad 38 It tl Amendment 18. 1 A,)5 0 on page 20 , line 21, strike out "January 1 and !larch 30" and insert: December 1 and February 28 f AUG �_' j'_t 0:08 A'SS`i', ( ALL.,EF-,',: 87 G ESCOED # `�,` \iF: RN `67 021831 FLGE NO. 4 a mendzent 18. 2 On page 20 , line 28, after "district" iasert: upon receipt of verification fros the registrar of voters pursuant to Section 228 Amendeent 18. 3 A) E On page 22 , line 29, strike out "At its next regular meeting .following the" strike out line 30 and .insert; After the preparation of the certificate, the district shall hold a meeting and Amendment 18. 4 � � OK an page 22 , line 33, after the period insert: If at all passible, the Meeting shall be held in time to allow residents to qualify as resident voters in the next district election. Amendment 18. 5 /(J D� On page 23 , line 34, after Hare„ insert: elected Amendment 18. 6 VF-L on page 24, line 1 , strike out " 120" and insert: 150 Amendeent 18. 7 N On page 24 , line 2, after the period insert: No petition shall be filed any later than 150 days preceding the next general district election. Amendment 18. 8 �JF DK on page 240 line 21 , strike out "8811 and insert: 120 Amendment 19 On page 26 , line 24, after "any" insert: 15 - private t 'JG 1 Vr _ll_ -.9 A:=��Y. _.ALLEF.V�I 8722'4' 612 29 RECORD # 6 `IBF R! , 87 021831 P&cE No. 5 Amendment 20 .5•4 • 6K on page 26 , line 26 , after the period insert; 2ti/ However , in no case ' sball the district exercise its power of eminent dokain in a manner which results in a net reduction of wetlands acreage, environmentally sensitive habitat areas acreage, or fish and wildlife habitat values. Amendment 21 DK On page 26 , between lines 37 and 38, insert ; Sec. 304. 5. No bonds, assessments, or obligations which constitute liens, charges, or encumbrances on real property xithin the district may be incurred or imposed by the district, and no resolution of intention 'to issue bonds may be adopted, except upon the affirmative vote of four members of the harbor commission. In the event the harbor commission is enlarged pursuant to 178L,Ti Section 204, two public members shall affirmatively vote ► F ��,y'` for such financial bonds, assessments, or obligations. RovE Amendment 21. 5 VS ®� On page 28, strike out lines 28 to 30, inclusive Aiendiaent 21. 6 On page 29 , line 16, after "district" insert.: auy agency or organization managing the wetlands, Amendment 21. 7 `j' tL - D� On page 29, line 22, strike out "certified" � '•) Amendment 22 �,L, . (,)K On page 29 , line 23, after "Program" insert: when certified Amendment 23 �.�•� o �� on page 29, line 25, after the second "lands" insert : at the option of the estate, Amendment 24 �•�� C�� on page 290 lines 26 and 27, strife out "by the st7D i P 9UG 12 '87 10:09 RSSY. i PLDERCIN P. 65879 87223 12: 29 . RECORD N 71 JF: itN `87 021831 PAGE No . 6 execution, acknowledgement , and recordation of a deed from the owner to the state" and insert : pursuant to subdivision (d) of Section 50 Amendment 25 �.� • D� on page 29, strike out lines 28 to 39, inclusive Amendment 26 ���. • On page 30 , line 10 atri.ke out nshalln and insert : �ZZ,, may Amendment 27 '�• �• �� on page 30, lines 2 and 3, strike out "by the :0 recordation of a deed from the owner to the state and" and insert : pursuant to subdivision (d) of Section 50 and the district shall discharge Amendment 28 `s. l+ • ak On page 30, line 4, strike out "discharged" #-Jq amendment 29 `J/�oA)r7A. �•' On page 30 , between lines 8 and g, insert: Att S Sec. 409. ?here shall be a minimum of 915 acres A?S of high quality, fully functioning wetlands and 86.8 acres fofXUDFU of environmentally sensitive habitat areas created or restored onsite in the Bolsa Chica study area, as regui.red by the Bolsa Chica. Land Use Plata dated Docember 1985, and conditionally certified by the coastal, consission. All development within the Bolsa Chica ,study area shall be in conformance with the wetlands Restoration Plan prepared as part of the Bolsa Chica Local Coastal Program and with the biological resources management components policies of the Bolsa Chica Land Use Plan. Any changes to the Bolsa Chica Land Use Plan are subject to the review and approral of the coastal commission. Amendment 30 �'L - An page 300 line 16, after the period insert: -#t-" 8ouever , the initial deposit of one thousand eight hundred dollars ($ 1, 800) per dwelling unit does not in any gray 1 AUG 12 116 v_t: 1C1 RDS'Y. is LDEROM 872p 12: 29 RZ00 RD # 80 -9F: R N 87 021831 PAGE NO 7 limit the district 's authority to levy additional azendments on the mesa area as may be needed to assure adequate funding to accomplish restoration and zaintenance of the wetlands and environmentally sensitive habitat areas, as specified in the Bolts chica Land Use Plan. Amendment 31 On page 30 , strike out lines 17 to 40, inclusive, and on page 31 , strike out line 1 Amendment 32 /!J L) On page 31 , lines 3 and 4, strike out "State Joint Exercise of Powers with the District" and insert : Agreebent between the District , the State Lands Coamission, the Department of Fish and Gaze, (and other agencies or organizations Azendme-nt 32. 5 A-) (� on page 31 , line 7, after the comma insert: Can a or anizati on holding title to )or managing ,�wIL`��'� t e wetlands , Amendment 33 S. 4 - Z)k On page 31 , lines 8 and 9, strike out '"for the -it joint exercise of powers relating to the" and insert: relating to their Amendment 34 �.�'. bK insert: On page 31 , line 120 after the first "the" ongoing maintenance and preservation of the restored Amendment .34. 5 A),P 0 bL page 31 , line 17, after "coamission ," insert : agencp or or4anixation holding title to)or managing /VA/&A-)� the wetlands, Amendment 35 do page 31 , lima 19, strike out "the wetlands restoration plan. IA" strike out lines 20 to 25, 3'Z,, inclusive, aad insert : AUG 12_'8- _ 0: 11 ASS'Y. CRLDERON $7 2'aFL-9 1 2• 29 r RECORD t 95 `f' . N 87 021831 PAGE NO. 8 the ongoing maintenance and preservation of a functioning viable habitat pursuant to the local coastal program, when certified. Amendment 36 'S� L • nk On page 31 , strike out lines 30 and 31 and *rj-S insert: the ongoing maintenance and preservation of the vetlands pursuant to the wetlands restoration plan in perpetuity. Amendment 36. 5 X) C—, On page 33 , line 18, after the period, insert: Zhe district �� exorcise ts which nrcasonably restric a public from navigation upon navig i'+e�-sters- him entrances and harbor facilities. Amendment 37 Qn page 35, line 27, after "beaches" insert: within the littoral cell from Anaheim Hay to Newport Bay Imendsent 38 G (�� on page 35, line 29, after "entrance" insert : tt as deterained by the State Land Commission Amendment 39 G t rY on page 35, line 30, strike out "sources" Amendment 40 � On page 36 , between lines 24 and 25, insert: �! A aK sec. 605. Neither the district nor the city say i9rose a water rate or water fee on the delivery, transmission , or provision of unappropriated nonpotable water used in connection with the implementation of the wetlands restoration plan. (accept for flood control purposes, the district shall not restrict, direct, or terminate the flow of nonpotable water required for the restoration and for raintenance of the wetlands. Nonpotable water includes , but it not limited to, feasible runoff arising from the southern bluffs and the fimtarsburg Flood Control channel and tidal waters. t .... ._. .... . .......... HUG 12. '- 1_: i1 R, ,Y,. i ALDERON 872,,-F'—ICI 2. 29 ` 8SCQRD i 120 -811 : RN 87 021831 PAGE NO. 9 Amendment 41 tin page 39 , strike but lines 24 and 25 and xnaert : Commission , the Department of fish and ame , (an d any^ /�*'fir'Jr> agency or -organization holdin title tor managing the wetlau s, by July 1 of each year for their review consistent With the budget responsibilities set forth in Section 416. The agencies shall have 30 days in which to review the preliminary budget and to provide consents to the harbor commission on the adequacy and sufficiency of the budget for contribution to the funds identified in subdivisions (b) and (c) of section 700. Aaendeent 42 /CIF, LLB On page 480 Line 8, after "of" insert: the annual' assessments for standby charges, existing bond issues, and Amendment 43 A.) On page 48, line 12, strike oat "not" and insert: only Amendment 44 DK On page 48, strike out lines 13 to 16, inclusive, and insert : acquire or construct public works or public facilities that may be defined by applicable county or city guidelines or standards or as provided by the development agreement specified in Section 149. 0 I RECEIVED SB 1517 - AMENDED AUGUST 17 , 1987 OCT 2 3 1987 ADDITIONAL AMENDMENTS UNDER CONSIDERATION Office of Zoning Administrator Pacfe 12 , line 7 : Insert Section 115 . 5: "Section 115 . 5 "Land Use Plan Study Area" means those lands contained within the Bolsa Chica Study Area Boundary Line as shown in Exhibit 8 of the 1985 Bolsa Chica Local Coastal Program Land Use Plan The Land Use Plan Study Area includes both the Bolsa Chica Segment Area as well as certain lands within the corporate boundaries of the City of Huntington Beach for planning purposes. " Page 14 line 16 : Section 146 After "Bolsa Chica area" , insert the words "to carry out the provisions of this act, " . Page 31, line 17 : Section 409 There shall be a minimum of 915 acres of high quality, fully functioning wetlands and 86 . 8 acres of environmentally sensitive habitat areas created or restored onsite in the Bolsa Chica study area, as required by the Bolsa Chica Land Use Plan dated December 1985, and conditionally certified by the coastal commission. All development within the Bolsa Chica study area shall be in conformance with the Wetlands Restoration Plan prepared as part of the Bolsa Chica Local Coastal Program and with the biological resources management components policies of the Bolsa Chica Land .Use Plan. Any changes to the Bolsa Chica Land Use Plan are subject to the review and approval of the coastal commission. Further, nothing herein preempts the City of Huntington Beach or the coastal commission -_jurisdiction over lands within the Land Use Plan Study Area. Page 35, line 18: Section 500 After "which" , strike the word "unreasonably" . Page 37 , line 27 : Section 509 If a navigable ocean entrance is authorized and constructed, the district shall be responsible for sand replenishment in the following manner: (a) the district shall participate in the existing federal sand replenishment program on a pro rate basis, to be computed and based upon the lineal length of shoreline occupied by the navigable ocean entrance, including areas to accommodate the wave shadow effect within the Bolsa Chica Land Use Study ,Area, in order to maintain the sand supply to the beaches within the littoral cell from Anaheim Bay to Signal/115-700.amd 1 RGB:ggg October 21, 1987 i Newport Bay, consistent with the provisions of the certified Bolsa Chica Local Coastal Program. Should the existing federal sand replenishment program be modified or terminated and a new program developed, then the district shall participate in such modified or new program on the same pro rata basis with the City, State and County; (b) the district shall be responsible for any increase in the costs of the sand replenishment program described in subsection (a) which is attributable to sand loss caused by the presence of a navigable ocean entrance within the Bolsa Chica Land Use Plan Study Area, and the district shall bear the burden of determining whether those increased costs are attributable to causes other than the navigable ocean entrance; (c) the district shall also be responsible to pay for the cost of maintenance and operation of any sand bypass system, if required, to transfer sand from one side of the harbor entrance to the other to the extent that benefits are derived by- lands or activities within the district including but not limited to, harbor commercial uses, marina uses, slips and wharfage and waterfront residences. The district shall provide secure funding for sand replenishment as is appropriate from lands, harbor and other uses within the district that are consistent with the benefits received from a navigable ocean entrance if authorized and constructed. To provide assistance to carry out this function, the district may enter into contracts in addition to the Federal orogram with Federal State and local agencies and proiect sponsors to secure funds for sand replenishment. Nothing herein shall relieve the project sponsors from their obligations to mitigate sand supply as set forth in the certified Bolsa Chica Coastal Program, including the cost of construction, maintenance or operation of any sand bypass system, if required, to transfer sand from one side of the harbor entrance to the -other. Page 41, line 17 : Section 700 (c) (c) (A wetlands maintenance and operation fund which shall have funding preference over any other expenditures from the general fund that are not designated to pay fixed obligations. Fixed obligations include contracts and bonded indebtedness for capital facilities, federal cost share repayment, and sand replenishment. Signal/115-700.amd 2 RGB:ggg October 21, 1987 ASSEMBLY NATURAL. RESOURCES COMMITTEE BILL NO: SB 1517 FISCAL: YES BYRON D. SHER, CHAIRMAN URGENCY: NO STATE CAPITOL, ROOM 2136 (916) 445-9367 HEARING DATE: 8/17/87 BILL NO: SB 1517 (As amended August 17, 1987) AUTHOR: BERGESON PRIOR ACTION: Senate Local Government (6-0) (5/11/87) Senate Natural Resources & Wildlife (6-2) (6/1/87) Senate Appropriations Rule 28.8 (6/15/87) Senate Floor (19-6) Failed (6/23/87) Reconsideration Granted Senate Floor (24-4) (6/24/87) Senate Floor (28-5) Action rescinded whereby bill passed. Passed (6/24/87 Assembly Natural Resources Joint Rule 61 Suspended (7/13/87) SUBJECT: SHOULD THE BOLSA BAY HARBOR AND CONSERVATION DISTRICT BE ESTABLISHED? DIGEST Current law provides for the California Coastal Commission (CCC) to plan and regulate development along the coast until local governments have received certification of Local Coastal Programs. This bill : 1) Creates the Bolsa Bay Harbor and Conservation District to provide a framework to assist in the implementation of the Bolsa Chica segment of the Orange County Local Coastal Program and construction of specified facilities. 2) Grants the district the following powers: a) Acquire property. b) Exercise eminent domain. c) Sell general obligation bonds. d) Impose annual property assessments for repayment of a federal loan and general obligation bonds, and to finance other district projects. - continued SB 1517 0 SB 1517 Page 2 3) Provides that the district shall be governed by a a five-member elected commission. Three of the commissioners would be elected by the landowners in the district at an election where each landowner would have one vote for every dollar of assessed value of land. The other two commissioners would be an Orange County Supervisor and a Huntington Beach City Councilperson. There are provisions to convert from landowner-voter elections to registered voter elections once at least 50% of the land has been developed. 4) Becomes operative if: a) The county Local Coastal Program (LCP) is fully certified. b) The city' s already certified LCP is amended to conform to the county LCP. c) The city, county and landowner enter into an annexation-development agreement. COMMENTS 1) Coastal Act Background. Proposition 20, passed by the voters in 1972, originally authorized state planning and regulation of development along the California coast. The Legislature enacted the Coastal Act of 1976 (Public Resources Code Section 30000, et seq. ) to continue coastal planning and regulation by the Coastal Commission. Under the act, a local government may assume permitting authority once it has received certification from the commission for a Local Coastal Program (LCP) . LCPs amend General Plans to carry out Coastal Act policies in local planning and development regulation. An LCP consists of a Land Use Plan (LUP) which contains area specific policies, and the Implementing Actions Program (IAP) which contains zoning ordinances , regulations and programs which implement the provisions of the LUP. Coastal Act and LCP policies are concerned with preservation of wildlife habitat, particularly wetlands, public access to and along the coast, views, visitor-serving facilities, etc. 2) Bolsa Chica LCP Background. In 1986, the CCC certified Orange County's Bo sa Chica Land Use Win" subject to specified modifications. The LUP, which applies to a 1600 acre area, sets aside 915 acres of wetlands and 86 acres of environmentally sensitive habitat areas. It contemplates a navigable ocean entrance, a 75-acre marina, a 130-acre regional park, and 500 acres of residential development. Development requires substantial investment in highways , local roads, bridges and other public facilities. - continued - SB 1517 age e 2 a SB 1517 Page 3 At the time of the Land Use Plan certification, the CCC identified several remaining questions regarding the ocean entrance, the plan for wetlands restoration and the feasibility of a navigable connection to Huntington Harbor. The CCC has reserved final approval of the Land Use Plan until these issues are resolved through "confirmation studies." A navigable ocean entrance is the "preferred option" if it proves to be technically and financially feasible and if its impacts are "substantially mitigable. " A nonnavigable ocean entrance is a secondary alternative. In that case, the marina would be on Bolsa Chica Mesa with ocean access through the existing Huntington Harbor development. The choice of alternatives depends on studies and decisions by the U.S. Army Corps of Engineers which are projected to take at least 30 months from the time the studies are begun. The appropriations bill for HR6, which became law in 1986, is currently in .Congress and would provide funding to the Corps for this study. 3) Purpose of the Bill . Of the nine landowners in the area, the largest, with 1200 acres, is the Signal Bolsa Corporation, a subsidiary of Signal Landmark, Inc. Signal wants to promote the development of Bolsa Chica and has sponsored this bill to form a special district to build, finance and operate public facilities and services in the area. This bill intends or authorizes the district to: a) Be an "'institutional and legal framework" to restore and permanently maintain the Bolsa Chica wetlands and habitat areas. b) Repay the local share of federal loans used to build a navigable ocean opening, facilities and waterways and to permanently maintain these structures. c) Maintain and administer a small craft harbor. d) Finance and construct water and sewer facilities. e) Finance, construct and maintain facilities for land reclamation, drainage, flood control , parks, open space, levees, channels and docks. f) Levy a special assessment of $1800 on residential units on the first phase of development on the mesa for deposit in a wetlands restoration fund. g) Participate in public "beach nourishment programs." 4) Is This Bill Premature? One of the purposes of the proposed district is to provide a framewor to assist in implementing the Bolsa Chica LCP. Methods - continued - SB 1517 Page 3 SB 1517 Page 4 of implementation are in fact a required part of every LCP. The Implementing Action Program (IAP) , now under development for the Bolsa Chica LUP will determine and describe these methods. In addition to the feasibility studies outlined above, the LUP requires that the specific financing and management mechanisms needed to implement the LUP be determined through negotiations involving the relevant federal , state and local agencies and landowners. Specific goals outlined for the negotiations include: a) Identification of all necessary facilities, services and land area involved, their cost and the entities responsible for their management. b) Preliminary funding mechanisms for these facilities and services. c) A plan for financing the unfunded portion of these costs, including specific sources , methods and reasonable possibilities of securing necessary funds. This planning process is underway but cannot be completed until the prerequisite feasibility studies are available. This bill proposes that the district be established prior to the determination of what funding mechanism is necessary and appropriate. The potential problems with this proposal are: a) It is unclear that the authority, limitations, and procedures outlined for the district in the bill will fulfill the needs which have yet to be identified in the LCP process. b) The vagueness of some of the provisions of the bill , intended to provide the flexibility to respond to whatever the LCP requires , leave uncertain how the district will operate. c) The bill 's sponsor has made economic assumptions, particularly concerning state and federal financial participation, for which it has no commitments or assurances - therefore the financial feasibility of the district is in doubt. The bill 's sponsor argues that the measure needs to be enacted now because: a) The terms of federal legislation authorizing a loan for Bolsa Chica development require that the financial ability to pay back the loan be demonstrated by October, 1988. b) The district will serve as a sewer authority which can finance a planned trunk line to serve Bolsa Chica and portions of Huntington Beach. - continued - SB 1517 age ge 4 1 i SB 1517 Page 5 The sponsor further contends: "If SB 1517 is not enacted in 1987 it will unfairly restrict the proponent' s ability to process the project with the administrative agencies by removing a crucial threshold element of financial feasibility and clouding the permitting process with the nagging question of doubt: ' If this project is environmentally feasible, can it be implemented?' On balance moving ahead now with SB 1517 is a step toward achieving a significant public benefit including wetlands restoration without any detriment to sound decisionmaking by the Coastal Commission, the Corps of Engineers, State Lands Commission and other agencies. The legislation is flexible to promote efficient processing and coordination of all federal , state and local interests." Aspects of some of these issues are further explored below. 5) Inconsistency with Certified LUP. Although the sponsors state that the Mil has been designed not to preempt the Local Coastal Program, provisions of the bill are inconsistent with the certified LUP. The primary conflict, is with the LUP policies which lay out a study and planning procedure to determine what the appropriate funding and management mechanisms will be. This bill attempts to enact this mechanism before it' s parameters are known. On a more technical issue,=Sec509 provides that if an ocean entrance is constructed, the district -shall maintain the sand supply so that the mean high tide line does not retreat landward from the line existing prior to construction. This standard is at variance with the LCP which requires among other things that the harbor entrance plan "provide adequate mitigation for any potential loss of sandy beach available for recreational use. . . which is directly attributable to an ocean entrance." 6) Overlap Between City and County LCPs. The Orange County Bolsa Chica Land Use Plan includes policies that affect areas which are in the City of Huntington Beach. The ocean entrance and some of the wetland and environmentally sensitive habitat areas designated for restoration are in the city. The city has not yet agreed to these policies. The bill (Sec. 148) acknowledges this conflict by requiring that the measure not take effect until these issues have been resolved. However, at the request of the Department of Fish and Game, specific requirements of the Bolsa Chica Land Use Plan have been amended into the bill Sec. 409) concerning the acreage of wetland restoration and Environmentally- ensi ive Habitat Area. The city has objected to this language. The bill could, better address this issue if it was introduced after the two LCPs have been comp e e . - continued - SB 1517 Page 5 SB 1517 Page 6 This issue creates further ambiguity in the bill because it has resulted in the bill definin "land use lan" as onl that portion of the Bolsa Chica Land Use Plan w is a ies to the coun Requirements an authority given the district with regard to implementation of the land use plan may therefore be incomplete as the environmental policies depend on restoration and creation of wetlands which are in the city. 7) Questions Over District Fiscal Feasibility. Because the information has not yet been developed pie through the—LCP process, the sponsors have prepared a fiscal analysis to determine the feasibility of this district. The analysis estimates that the total capital costs of project infrastructure and public facilities to be $233.2 million. Because costs have not yet been allocated through the LCP process, the study makes several assumptions including: a) The state will contribute $55 million to the area's capital costs, primarily for the marina and navigable channels. b) The federal government will lend the district $44.8 million. If these assumptions are correct, the analysis indicates that district costs will cause annual residential assessments to be between 60% and 75% of the 1% of assessed valuation cap which is contained in the bill . If the fiscal study assumptions are wrong and additional costs are to be undertaken by the district, then it's ability to stay within the 1% cap is questionable. In fact, no arrangements have been made to obtain funding from relevant state agencies. Further, the Corps of Engineers has indicated in a July 21, 1987 letter that they presently do not consider the project eligible for federal participation. Corps staff have also stated that loan repayment ability need not be shown by October of 1988 as claimed by the bill 's sponsors. Corps staff also state that passage of this measure is not necessary to show loan repayment ability and would not be conclusionary of that ability. The district fiscal study states that it has not addressed the cost of relocating the 230 oil wells that are scattered over much of the lowlands planned for development or wetland restoration: Shell Oil Company has estimated that the relocation will cost $200 million - close to all of the other capital costs combined. While the bill ' s sponsor believes this estimate is high, it is clear that well relocation will be a major expense which must be considered. Shell estimates that depletion of the oil field which would obviate the need for well relocation will take 30-50 years. - continued - SB 1517 Page 6 SB 1517 Page 7 8) Will the District Be Responsible for Wetlands Restoration and Maintenance Funding? Critics of the bill question whether the district is able to pay of r wetlands restoration if required to do so by the LCP. 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 reached the 1% assessment cap prior to completion of the wetland restoration. The bill ' s opponents fear that the district may renege on wetland costs if there are insufficient funds because the assessment cap has been reached. The district fiscal study assumes that wetland restoration will cost $12.6 million and that the state will pay half of this cost. The fiscal study also assumes that the annual maintenance cost for the wetlands is 100,00 and that this will be borne by the state. Department of Fish and am staff and other wetlands experts have questioned whether sufficient money has been allocated for restoration and maintenance and whether the state would pay the share allocated to it by the bill 's sponsor. Typically, the state has not been made financially responsible for maintenance of wetlands restored to mitigate private development. The bill 's sponsors respond to these criticisms by pointing out that the LCP requirements, whatever they are, will be legal mandates upon the district. Sec. 700 gives priority to wetlands maintenance funding over wetlands restoration, flood control and abatement of solid wastes. The utility of this is not clear. Funding of mitigation requirements placed on the district should probably have funding priority over capital improvements. 9) Who Will Own and Maintain the Wetlands? The LUP provides that some form of legal interest in wetland areas be transferred to the state or other organization prior to development on the mesa. The State Lands Commission and DFG are reluctant to accept the wetlands prior to their restoration or creation. These agencies, as well as the City of Huntington Beach, have objected to the bill 's repetition of LUP policies which allow for organizations other than the state to own and manage the wetlands. These entities prefer that ownership and overall management responsibility remain with the state. 10) Will the Public Have Free Access to Navigable Waters? Sections 503, 504, 768 and others grant powers to the district to regulate or charge for use of the ocean entrance and other navigable waters. Some of the area to be developed into navigable waterways is subject to the public trust doctrine. This common law, as confirmed in California by the state constitution and various statutes, requires that use of public trust waters not hamper commerce, navigation, fishing, recreation and environmental value. The - continued - SB 1517 Page 7 v SB 1517 Page 8 powers granted to the district appear to be inconsistent with the public trust. Further, as part of the planned development, private land not subject to the public trust will be converted to waterways connected to and indistinguishable from the public trust waterways. A Supreme Court decision (Kaiser Aetna v. U.S. , 40 CCH S.Ct.Bull . p. B304) in Hawaii has indicated t a government may require that such waters be opened to public navigation but that this action may be estopped after development has occurred. Assurance of public use of these waterways is an issue that could be addressed in this bill . The most recent amendments to this measure attempt to resolve this issue in Section 500 but the language does not make clear that the public would be unhampered in the use of the waters in the Bolsa Chica area. Restrictions on public use for safety and environmental reasons could be included. 11) Does the Bill Authorize Expenditure of Public Trust Revenues For Nontrust Purposes? Section 144 of the bill indicates t at revenue from public trust ands , not needed to defray normal operating expenses related to state activities conducted in the district," may be -spent only for public trust purposes. All revenue from public trust land is required to be spent for public trust purposes according to statute and the common law, public trust doctrine. There is no assurance that state activities in the district are all related to the public trust. This issue could be resolved by deleting the quoted phrase. 12) Is the Proposed Navigable Ocean Entrance Feasible? When the CCC certified t e Bo sa Chica Land Use Plan in 1986, it e t unresolved the question of whether the ocean entrance would be navigable or nonnavigable. The answer to this question will determine how much and what kind of development is possible. The navigable entrance permits more development which, in turn, would generate more public revenue for the wetlands project. The developer believes there is sufficient certainty to proceed with the formation of the new Bolsa Bay District; however, the final determination will depend on the findings of a U.S. Corps of Engineers feasibility study which will not be completed until the end of 1989. The committee may wish to consider whether it is premature for the Legislature to create a new implementing agency before the ocean entrance question is settled. The ocean entrance would cut through one of the most popular recreational beaches serving Orange County - the Bolsa Chica State Beach. An ocean entrance will affect the sand supply to and distribution on the beach. 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. The bill stipulates that - continued - SB 1517 Page 8 s SB 1517 Page 9 the district shall provide a secure source of funding for sand replenishment; however, the district fiscal analysis has not addressed this issue. Prior to approving the confirmation studies which could cause the ocean entrance to be built, the commission is required by the LUP to make several findings: a) There will be no significant adverse impact on sand supply, beach profile or recreation values of any of the beaches in the area. b) Existing swimming, surfing and beach enjoyment opportunities will either be protected or impacts mitigated to levels of insignificance. If these findings can't be made, then the LUP recognized alternative is a nonnavigable entrance to provide tidal circulation to the wetlands. The Surfrider Foundation argues that these findings will be difficult to make because the 3,000 ft. breakwater in front of the navigable ocean entrance will affect surfing and other water recreation along up to 9,000 feet of shoreline. The district responsibilities and powers would logically be quite different if an ocean entrance proves infeasible. 13) Is the Method for Electin the District Commissioners Consistent with the "One Man - One Vote e uirement of the U.S. Constitution? The U.S. Supreme Court has held that the equal protection clause oT the U.S. Constitution requires that officials elected to an entity such as a city council or legislature, represent approximately equal numbers of people. About half of California 's special districts are "dependent districts," governed ex officio by city councils or county boards of supervisors. Of the independent districts, those with their own directly elected boards of directors, most are elected by the districts ' registered voters. Some, like California Water Districts, are landowner-voter districts (Only landowners may vote and they receive a number of votes based on the value of their land) . The courts have upheld the constitutionality of landowner-voter districts when the district' s services have been primarily for the benefit of the land itself (e.g. , irrigation water) and not services that mainly benefit people (e.g. , domestic water) . The courts have held that landowner voted districts may be unconstitutional if they serve a large area, provide a variety of services and serve residences rather than land. Senate Bill 1517 establishes a five-member elected commission to serve as the new district's governing body [210]. Three of these commissioners are - continued - SB 1517 ' Page 9 0. i i 4 ' SB 1517 Page 10 i elected by landowners in the district, one is an Orange County supervisor and one is a council member from Huntington Beach. Legislative Counsel has issued an opinion which concludes: "We think that there is a basis , therefore, for a court to hold that the landowner voting method for the district proposed by SB 1517 would not violate the one-person, one-vote principle. . ." This opinion is primarily based on the relatively small size of the proposed district. x However, the district would have many more powers than most water districts. It could charge for and provide sewage and water service, harbor facilities, parking, flood control , wetlands and beach restoration, ! and other capital improvements. It could also charge fees for subdivisions and building permits. The range of these functions make this district more comprehensive in powers then most special districts , which has led critics to term the district a "private city." 14) Does the Bill 's Formula for Conversion from a Landowner to a Registered Voter District Address the One-ManOne-Vote" Issue? Like the state statutes for water districts, the bill requires that the district be converted to a registered voter district when "at least 50% of the assessable area within the district is devoted to and developed for ' residential , industrial , or nonagricultural commercial use. " This procedure recognizes that as suburban development converts farmland to houses, these districts often start to serve residents rather than land. By mandating a switch to registered voter elections , the statutes attempt to address the "one-man one-vote" issue. However, this procedure may not address the issue in the proposed district, because the nondevelopable wetlands in the proposed district are considered assessable land. Because they constitute more than half of the district, conversion of the district might never occur. In the late phases of area development, ownership of the wetlands may be transferred to the state and therefore they will no longer be assessable. Nonetheless , the timing of development, wetlands restoration and transfer will result in much more than 50% of the proposed development occurring prior to the conversion of the district election method. The result of this will be that the district may impose assessments on residents who have no direct representation on the district commission. The bill 's sponsors argue that existing law allows residents to petition to be removed from the district and that the protest procedures in the bill will further protect them. These procedures do not really compensate for the conversion problem because they are available as well to other districts where the 50% conversion rule is more realistically applied. - continued - SB 1517 Page 10 j SB 1517 Page 11 15) District Procedures. There are a number of technical problems with the voting procedures outlined in the bill . The sponsor indicates that "developed for",on page 20, line 25 means streets, utilities and other services are put in, but structures may not have been erected. If that is the intent, this should be more clearly stated. According to the present terms of the bill , resident voter election of less than half of the electable commissioners could wait for 3J years after the 50% requirement had been met. This could be addressed by setting back the inspection period established in Sec. 221. The resident voter elected commissioners are required to live in the district but not in the geographic divisions which they represent. 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? The most recent amendment to Sec. 221 probably attempted to address this problem but should have been made to the beginning of Sec. 231. 16) Should the Bill Contain Force Account Provisions? The Associated General u o actors Association have requested that a "force account provision" placed in the bill . Such a provision, already i tuts_-fer s, counties and many other p ' districts , requires that a public works project be let out for competitive bid. The contractors have requested that the cost be set at $10,000, consistent with the Orange County Flood Control District. The sponsor has indicated willingness to include such a provision. 17) Additional Substantive Problems. The wording of several provisions of the i raise issues w is may e unintentional but which should be clarified. Agreements can nullify provisions of the bill . On page 13, line 35, the bill states that "no provision in this act limits the enforceability and applicability of any provision of any agreements entered into between or among a city, county, state or federal agency and a private person affecting the Bolsa Chica area" as long as the LCP is not affected. The sponsor states that this section is necessary to insure that the bill would not affect any agreements which would be necessary to further implement the LCP. However, this provision would also enable any provision of the bill to be overturned through agreement, even if this agreement did not include the affected parties. - continued SB 1517 Page 11 SB 1517 Page Intent of Sec. 409 may be unclear. Several groups in opposition to the bill have criticized Sec. 409. This section has replaced Sections 411 and 412, which placed in statute wetland restoration and creation requirements from the LUP. It is unclear whether Sec. 409 merely requires that certain acreages of wetland and habitat be created and restored, or whether the restoration and creation must follow the procedures contained in the LUP of December, 1985. The Coastal Commission staff has expressed concern over the last sentence of the new Section 409. This sentence restates existing law concerning commission LCP amendment responsibilities. The staff recommended that the sentence be deleted so that legislative support for additional amendments to the LUP could not be inferred. 18) Technical Problems. Technical problems exist in several provisions of the i . Sec. 110.5 was recently added to the bill to define "harbor commission" as the district commission. Previously "commission" was so defined and most of the bill uses this term. Because several different commissions are involved, the rest of the bill should be amended to use "harbor commission wherever the district commission is referred to. Sec. 409 refers to "ESHAs" but the acronym, referring to environmentally sensitive habitat area, is not defined. Sec. 410 states that the "district's authority to levy additional amendments. . ." "Assessments" and not "Amendments" is probably the intended word. Sec. 415 is located in Chapter 4, the chapter which deals generally with wetlands. This section, on line 15 suggests that an agreement may be entered into for the operation and maintenance of the harbor facility. This seems redundant to the authority contained in Sec. 500 and is organizationally inappropriate for Chapter 4. Sec. 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. This ambiguity could be corrected by moving the phrase starting with "prior" in the last sentence to the beginning of the sentence. 19) Additional Amendments. The sponsor of the bill has continued to work with the committee consu tant on some of the substantive and technical issues raised in this analysis. Agreement has been reached on some of these - continued - SB 1517 a� j a SB 1517 Page 13 issues; however, these amendments were not in written form at the time this analysis was completed. 20) Legislative History. SB 493 (Carpenter/1982) would have "encouraged and authorized the preparation of special area management plans for coastal areas. (Defeated in Assembly Natural Resources Committee. ) AB 2106 (Frizzelle/1983) authorized the Department of Fish and. Game to enter into "informal" negotiations. (Chaptered) SB 429 (Carpenter/1983) required the Department of Fish and Game, upon request of a local government or landowner, to cooperate in the preparation of a habitat conservation plan. (Chaptered) SB 745 (Carpenter/1984) added additional categories of allowable development projects in wetlands. (Died in Assembly Natural Resources Committee) AB 3455 (Goggin/1984) would have exempted from Coastal Commission review the habitat conservation plan for the Bolsa Chica Wetlands provided for in SB 429. (Vetoed) SOURCE: Signal Landmark, Inc. SUPPORT: Almar Ltd. California Marine Affairs and Navigation Conference California Marine Parks and Harbors Association Elden F. Gillespie, Mayor of Westminister Humboldt Bay Harbor, Recreation and Conservation District Marina and Recreation District Mullan Realty and Development Company Orange County Coast Association Southern California Marine Association Tom Powers, Contra Costa Co. Supervisor U. S. Senator Pete Wilson Van Dell and Associates Vic Fazio, Congressman OPPOSITION: Amigos de Bolsa Chica Protect Sunset Sea and Sage Chapter of National Audubon Society Sierra Club The Surfrider Foundation 23 letters from individuals Paul Thayer SB 1517 445-9367 -age 13 8/17/87:anatres