HomeMy WebLinkAboutFile 8 of 9 - Bolsa Chica Annexation - Special Public Hearin PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE I i U C NOTICE
XPOTICE OF PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 (BERGESON)
BOLSA BAY & HARBOR CONSERVATION DISTRICT
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold.a public hearing in the Council Chamber
at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time
indicated below to receive and consider the statements of all persons who wish to,be heard relative to Senate Bill 1517.
4
DATE: Thursday, February 11, 1988
TIME: 7:00 P.M.
SUBJECT:Proposed piece of state legislation,Senate Bill 1517,carried by Senator Marian Bergeson and sponsored
by the Signal Landmark Land Development Company
LOCATION:SB 1517 pertains to the creation of a Bolsa Bay Harbor and Conservation District within the 1600 acres
of unincorporated territory of the Bolsa Chica which is completely surrounded by the City of Huntington Beach.
PROPOSAL:Under SB 1517,the proposed district would provide for implementation of a certified Bolsa Chica Local
Coastal Program, construction of an ocean entrance and small craft harbor and related facilities and to financially
support and bring about the restoration,creation,enhancement and maintenance of the wetlands and environmental-
ly sensitive habitat'areas within the Bolsa Chica study area, and provide for such public works as water and sewer
facilities. The bill also specifies the powers and duties of the district and provides for the management and financing
of the district operation.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions concerning the proposed
Senate Bill.Copy of the most recently amended version of Senate Bill 1517 is on file in the Office of the City Clerk,2000
Main Street, Huntington Beach, California, for inspection by the public. If there are any questions regarding this
hearing call James Palin, Deputy City Administrator at(714) 536-5275.
HUNTINGTON BEACH CITY COUNCIL, By: Alicia M. Wentworth, City Clerk, Phone: (714) 536-5405
Dated 1/26/88
Published Huntington Beach Independent February 4, 1988 021-675
Anaheim' Sunset
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IN THE
Superior Court
OF THE
STATE OF CALIFORNIA
In and for the County of Orange - 4
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State of California ) S.S.
County of Orange )
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t�
That I am and at all times herein mentioned was a citizen of the
United States,.over the age of twenty-one years,and that I am not a
party to, nor interested in the above entitled matter, that I am the
principal clerk of the printer of the
Huntington Beach Independent
a newspaper of general circulation,published in the City of
Huntington Beach
County of Orange and which newspaper is published for the disemina-
tion of local news and intelligence of a general character, and which
newspaper at all times herein mentioned had and still has a bona fide
subscription list of paying subscribers,and which newspaper has been i
established, printed and published at regular intervals in the said
County of Orange for a period exceeding one year,that the notice,of
which the annexed is a printed copy.has been published in the regular
and entire issue of said newspaper,and not in any supplement thereof.
on the following dates,to wit.
Feb . 4 , 1988
I certify(or declare)under penalty of perjury that the foregoing is true
and correct.
Dated at ._....:........Costa Mesa
California. this.. . .. .. . . . day of. . . Feb. 19. 8. . .. . . . .
Signature
� PUBLIC NOTICE PUBLIC NUnCE M� PUBLIC NUIld- PUBLIC NU11Gt PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC V�'ARIF`
PROPOSED STATE LEGISLATION SENA"rE BILL 1517 (BERGESON)
BOLSA BAY & HARBOR CONSERVATION DISTRICT
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber
at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time
indicated below to receive and consider the statements of all persons who wish to be heard relative to Senate Bill 1517.
DATE: Thursday, February 11, 1988
i
TIME: 7:00 P.M.
SUBJECT:Proposed piece of state legislation,Senate Bill 1517,carried by Senator Marian Bergeson and sponsored
by the Signal Landmark Land Development Company
LOCATION:SE; 1517 pertains to the creation of a Bolsa Bay Harbor and Conservation District within the 1600 acres
of unincorporated territory of the Bolsa Chica which is completely surrounded by the City of Huntington Beach.
PROPOSAL:Under SB 1517,the proposed district would provide for implementation of a certified Bolsa Chica Local
Coastal Program, construction of an ocean entrance and small craft harbor and related facilities and to financially
support and bring about the restoration,creation,enhancement and maintenance of the wetlands and environmental-
ly sensitive habitat areas within the Bolsa Chica study area, and provide for such public works as water and sewer
facilities. The bill also specifies the powers and duties of the district and provides for the management and financing
of the district operation.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions concerning the proposed
Senate Bill.Copy of the most recently amended version of Senate Bill 1517 is on file in the Office of the City Clerk,2000
Main Street, Huntington Beach, California, for inspection by the public. If there are any questions regarding this
hearing call James Palin, Deputy City Administrator at (714)536-5275.
HUNTINGTON BEACH CITY COUNCIL, By: Alicia M. Wentworth, City Clerk, Phone: (714) 536-5405
Dated 1/26/88
Published Orange Coast Daily Pilot February 1, 1988 M238
Anaheim' Sunset OM
Bay Aquatic ,: ...:,
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Bolsa Chica Beach
n� g�al,' =
State Beach PaCerk
JA -
Authonzad to Publish Advertisements of all kinds including public
notices by Decree of the Superior Court of Orange County,
California. Number A-6214. dated 29 September. 1961. and
A-24831, dated 11 June. 1963-
STATE OF CALIFORNIA
County of Orange Public Not" Advl/h1YI10 covWwd
by Ifni aff1dowl If fN in T point
with 10 pc&COMNnn width
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of Public HParznR
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley,
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for o n e
consecutive weeks to wit the issue(s) of
Feb. 1 198 8
198-
198-
198
198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on Feb. 2 198 8-
at Costa Mesa, California.
Signature
PROOF OF PUBLICATION
Publish: 2/l/88 Daily Pilot
2/4/88 Independent
NOTICE OF PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 (BERGESON)
BOLSA BAY & HARBOR CONSERVATION DISTRICT
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will
hold a public hearing in the Council Chamber at the Huntington Beach
Civic Center, 2000 Main Street, Huntington Beach, California, on the
date and at the time indicated below to receive and consider the
statements of all persons who wish to be heard relative to Senate
Bill 1517.
DATE: Thursday, February 11 , 1988
TIME: 7 p.m.
SUBJECT: Proposed piece of state legislation, Senate Bill
1517, carried by Senator Marian Bergeson and
sponsored by the Signal Landmark Land Development
Company.
LOCATION: SB 1517 pertains to the creation of a Bolsa Bay
Harbor and Conservation District within the 1600
acres of unincorporated territory of the Bolsa Chica
which is completely surrounded by the City of
Huntington Beach.
PROPOSAL: Under SB 1517, the proposed district would provide
for implementation of a certified Bolsa Chica Local
Coastal Program, construction of an ocean entrance
and small craft harbor and related facilities and to
financially support and bring about the restoration,
creation, enhancement and maintenance of the wetlands
and environmentally sensitive habitat areas within
the Bolsa Chica study area, and provide for such
public works as water and sewer facilities. The bill
also specifies the powers and duties of the district
and provides for the management and financing of the
district operation.
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions concerning the proposed Senate Bill . Copy of the
most recently amended version of Senate Bill 1517 is on file in the
Office of the City Clerk, 2000 Main Street, Huntington Beach,
California, for inspection by the public. If there are any
questions regarding this hearing call James Palin, Deputy City
Administrator at (714) 536-5275.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405
Dated 1/26/88
44—
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The City Council of the City of Huntington Beach has scheduled a public hearing on
February 11, 1988, at 7:00 p.m. in the City Council Chambers, located at 2000 Main Street,
Huntington Beach, for the purpose of receiving public testimony from residents and
interested parties pertaining to a proposed piece of state legislation, Senate Bill 1517,
carried by Senator Marian Bergeson and sponsored by the Signal Landmark Land
Development Company.
SB 1517 pertains to the creation of a Bolsa Bay Harbor and Conservation District within
the 1600 acres of unincorporated territory of the Bolsa Chica which is completely
surrounded by the City of Huntington Beach and is shown on this map. Under SB 1517, the
proposed district would provide for implementation of a certified Bolsa Chica Local
Coastal Program, construction of a ocean entrance and small craft harbor and related
facilities, and provide for such public works as water and sewer facilities. The bill also
specifies the powers and duties of the district and provides for the management and
financing of the district operation. Individuals who wish to express their opinions and
points of views as'they relate to SB 1517 are encouraged to testify before the City Council.
Remember the public hearing is February 11, 1988, at 7:00 p.m. in the City Council
Chambers, Huntington Beach. Thank you!
c�7 7
�-J"IC CITY OF HUNTINGTON BEACH
COUNCIL - ADMINISTRATOR COMMUNICATION CA 90-1
HUNTINGTON BEACH
. 1
To Mayor and City Council From Paul E. Cook,
City Administrator
Subject Bolsa Chica Update Date January 3, 1990
Attached for your information is a report from Jim Palin on the progress made to date by
the Bolsa Chica Planning Coalition.
PEC:pf
xc: Jim Palin
Rich Barnard
Department Heads
Attachment
FE CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
Paul E. Cook, Jim Palin, Deputy
To City Administrator (2 City Administrator
Subject BOLSA CHICA UP-DATE Date December 27, 1989
FINAL REPORT OF 1989
This reporting period began with considerable controversy and some dissapointment as
the group was informed there would be an approximate 6 week to 2 month additional delay
beyond the scheduled completion date of the City/County Traffic Model. However, it
ended on an all time high note with the very enthusiastic and positive attitude of Col.
Thomas of the U. S. Army Corp of Engineers, L. A. District office. A number of half day
and all day meetings were held during this period, as well as a two day trip to Washington,
: . D.C. in mid-October to up-date the local representatives and federal agencies on the
= progress being made on the Bolsa Chica Concept Plan dated May 22, 1989. There was also
a one day trip to San Francisco to meet with EPA and a trip into L.A. to review the Bolsa
Chica Plan with Col. Thomas. Both of these trips were in early December.
Items of major concern this period were; 1) The Wetlands Restoration Plan; 2) Traffic
Model Schedule; 3) LCP/Specific Plan (SP)processing schedule, which underwent many
revisions,.almost on a weekly basis during October and November as delays were -
announced on some of the products needed for the EIR.. As a result of these delays the
:Mrt revised schedule was finally set in early December for a July 1990 Coastal Commission
...public hearing of the LCP/SP (schedule attached).
,4n early October, Michael Josselyn requested input on a target species list he had prepared
'h` to provide guidelines for the restoration plan, as well as an analysis of opportunities and
'- constraints existing in the Bolsa Chica for use on the Wetlands Restoration Program. The
w' Coalition met with Mike twice in November to review four alternative restoration plans
and descriptions of each (which are attached). Based on the comments and discussion, he
revised the alternatives by consolidating into three different restoration concepts with a
variation to each of no low-lands.development.- At the December 18, 1989, meeting Mike
also provided the group with his ranking scale system of only the no low-lands
development alternatives. The Coalition, however, requested that he provide a ranking of
all the alternative plans, or to drop his ranking approach. The acreages of various habitat
types were also projected for the six alternative restoration plans.
The Coalition was scheduled to meet on January 8, 1990, to designate a Wetlands Plan
Project Plan Alternative for the EIR, however, as of this date word was received from the
State Coastal Conservancy Office, that they would like to postpone the January 8, 1990,
meeting to a later date. At the time of this report, no date has been scheduled for that
subsequent meeting.
As stated earlier in this report, there was concern over delay in the Traffic Model,
however, after a number of meetings, and an offer of more manpower and the loan of
much faster computer equipment, which would reduce a run from hours to minutes, the
County staff agreed to a schedule of having the report and alternative runs for the EIR
consultant in mid-January 1990. This information is needed for the development impacts
on the streets within the Bolsa Chica area. The traffic model should also project whether
or not the cross gap connector is necessary.
Bolsa Chica Up-Date 1989
December 27, 1989
Page -2-
All three trips were very informative and extremely productive to further the planning
effort on the Bolsa Chica Coalition Plan, as well as to convey a good understanding of the
plan. The concept plan was very well received at the Washington, D.C. trip and the group
was encouraged to work with the local regulatory people. EPA in San Francisco provided
the group with a recently approved MOA between the EPA and the Corp of Engineers on
Wetlands which seems to leave sufficient latitude to permit the Bolsa Chica Plan to be
processed and approved. Col. Thomas, recently appointed head of the Southwestern
District Corp of Engineers, L. A. Office, was extremely enthusiastic about the Coalition
and the plan that had been prepared. In the meeting, Col. Thomas expressed the reason
that the group was there. He said "let's cut through the small talk and get to the bottom
line". He expressed his support for the effort, indicating to his civilian staff that they did
not understand what he was saying. He told them that they were to prepare a processing
schedule that would allow the project to be reviewed in a timely fashion and which would
allow for his personal input into the process. He thanked the committee and stated that
he wished all his projects in the Southwestern District could have a group of people or
coalition established to push for uniformity of a plan as the Bolsa Chica Coalition was
doing. He stated he would do everything he could to assist the plan through the process.
It should also be noted that in your previous report we indicated that the Corp of
Engineers was reluctant to co-sign the MOU with the Coalition on having the EIS
prepared. However, at this December meeting Col. Thomas instructed his civilian staff to
work with the Coalition and to restructure that MOU to incorporate in the Corp's
responsibility to prepare the final EIS. Therefore, the action currently pending before the
City Council on the MOU, which the Attorney's Office has expressed concern on the Hold
Harmless Clause, may be revised and reintroduced for City Council action at a later date..
Work continues on the LCP/SP and a final working draft was provided to the City on
December 19, 1989, for review and comments. Signal is continuing to work with the
County staff to insure that the City's development standards are the only development
standards in the Specific Plan thus eliminating duplication of standards and to greatly
reduce the time and effort necessary on a pre-annexation development agreement as a
separate document to accompany the LCP/SP through the public hearing processes in the
City and County jurisdictions.
This period has been very productive in working out many of the problems that we were
encountering. Identifying delays that were occurring and instituting corrective actions to
bring the project back on line for a revised target date of July 1990, for a public hearing
before the Coastal Commission on the County Bolsa Chica LCP/SP and City amendments
to affect the plan.
Looking ahead to January, the Bolsa Chica Conservancy is planning an inaugral ceremony
on January 2 at 2:00 p.m. for which each of the Council members will receive an
invitation.
On January 25 and 26, 1990, the Executive Committee of the Coalition is planning a trip
to Sacramento to update our State representatives on the planning effort.
JP:paj
4055a
BOLSA CHICA
LCP/SPECIFIC PLAN
REVISED PROCESSING SCHEDULE
December 1, 1989
DUE
DATE ACTIVITY
05/22/89 Approval of Concept Land Use Plan (LUP)by Coalition
07/24/89 Review of Draft Notice of Preparation by Coalition
08/07/89 File EIR Notice of Preparation and Schedule EIR Public Scoping
Meeting
08/15/89 EIR Public Scoping Meeting
10/30/89 Approval of LCP/Specific Plan Policies & LUP Support Policies
by Coalition
11/15/89 Completion of Preliminary Wetlands Restoration Plan
Alternatives
11/27/89 Presentation of Wetlands Plan Alternatives to Coalition
12/15/89 Completion of Preliminary Draft LCP/Specific Plan
12/18/89 Presentation of Wetlands Plan Alternatives to Coalition
12/30/89 Completion of Technical Studies and Wetlands Plan Alternatives
by Conservancy
01/08/90 Designation of Wetlands Plan Project Alternative by Coalition
O1/15/90 Completion of Preliminary Draft EIR (Absent Traffic Modeling
Studies)
O1/15/90 Completion of Traffic Modeling Studies (Processing of
Alternatives)
02/05/90 Completion of Traffic Modeling Analysis for EIR
02/05/90 Comments Due Regarding Preliminary Draft EIR and
LCP/Specific Plan (Absent Traffic Modeling Studies)
02/15/90 Completion of Revised Preliminary Draft EIR and LCP/Specific
Plan (Including Traffic Modeling Analysis)
REVISED SCHEDULE
December 1, 1989
PAGE 2
03/05/90 Comments Due Regarding Revised Preliminary Draft EIR and
LCP/Specific Plan
03/20/90 Complete Revisions and Circulate Draft EIR for Public Review;
File EIR Notice of Completion
04/30/90 Joint City Council/Planning Commission Study Session to Review
Draft LCP/Specific Plan
05/01/90 City Planning Commission Public Hearing of Draft EIR
05/04/90 Close of EIR Public Review Period (45 Days)
05/08/90 County Planning Commission Study Session to Review Draft
LCP/Specific Plan
05/10/90 Completion of Responses to Public Comments and CEQA
Findings
05/15/90 City Planning Commission Approval of EIR and Public Hearing
of Draft LCP/Specific Plan
05/21/90 City Council Certification of EIR and Public Hearing of Draft
LCP/Specific Plan
05/22/90 County Planning Commission Public Hearing of Draft EIR and
LCP/Specific Plan
06/06/90 Board of Supervisors Public Hearing of Draft EIR and
LCP/Specific Plan; File EIR Notice of Determination
07/90 Coastal Commission Public Hearing of LCP/Specific Plan
BOLSA CHICA
PLANNING COALITION
EXECUTIVE COMMITTEE
MEETING SCHEDULE
December 1,1989
TIME&
DATE SUBJECT LOCATION
10/30/89 REVIEW&APPROVAL OF BCPC/LCP 10:00 A.M.TO 12:00 P.M.
POLICIES @ COUNTY
UPDATE OF TRAFFIC MODELING STUDY 12:00 P.M.TO 2:00 P.M.
@ COUNTY
11/27/89 REVIEW OF TRAFFIC MODEL STUDY 12:00 P.M.&2:00 P.M.
&PRELIMINARY WETLANDS PLAN ALTERNATIVES @CITY
12/18/89 REVIEW OF TRAFFIC MODEL STUDY RESULTS 10:00 A.M. @ COUNTY
LUNCH WITH STAFF&SUBCOMMITTEES 11:30 A.M.@ COUNTY
UPDATE OF WETLAND PLAN ALTERNATIVES 1:00 P.M. @ COUNTY
01/08/90 DESIGNATION OF WETLANDS PLAN PROJECT 12:00 P.M&2:00 P.M.
ALTERNATIVE @ CITY
03/05/90 REVIEW OF DRAFT EIR&LCP/SPECIFIC PLAN 12:00 A.M.&2:00 P.M.
@ CITY
04/23/90 MEETING PRIOR TO CITY STUDY SESSION 12:00 A.M. @ CITY
5/10/90 MEETING PRIOR TO CITY PC PUBLIC HEARING 12:00 A.M. @ CITY
05/17/90 MEETING PRIOR TO CITY COUNCIL& 12:00 A.M.@ CITY
COUNTY PC PUBLIC HEARINGS
06/04/90 MEETING PRIOR TO COUNTY BOARD 12:00 P.M. @ CITY
PUBLIC HEARING
07/90 MEETING PRIOR TO COASTAL COMMISSION PUBLIC 12:00 A.M.. @ CITY
HEARING
BOLSA CHICA
PLANNING COALITION
STAFF &
SUBCOMMITTEES
MEETING SCHEDULE
December 1,1989
TIME&
DATE SUBJECT LOCATION
10/26/89 REVIEW OF PROCESSING SCHEDULE&DRAFT 9:00 A.M. @ CITY
BCPC/LCP POLICIES
10/27/89 REVIEW OF EIR PROJECT DESCRIPTION 9:00 A.M.@ CITY
REVIEW OF EIR PROJECT DESCRIPTION 12:30 P.M.@ CITY
&EIS SCOPE OF WORK
11/16/89 REVIEW OF EIR SCOPE OF WORK&TRAFFIC 10:00 A.M. @ COUNTY
MODEL STUDY.
REVIEW OF PRELIMINARY WETLANDS PLAN 12:30 P.M.@ COUNTY
ALTERNATIVES
11/17/89 REVIEW OF EIR PROJECT ALTERNATIVES 8:00 A.M. @ COUNTY
&PRELIMINARY WETLANDS PLAN
ALTERNATIVES
11/27/89 REVIEW OF EIR PROJECT ALTERVATIVES& 10:00 A.M.@ CITY
REVISED PROCESSING SCHEDULE
REVIEW OF PRELIMINARY WETLANDS 12:00 P.M.&2:00 P.M.
PLAN ALTERNATIVES @ COUNTY
12/18/89 REVIEW OF TRAFFIC MODEL STUDY RESULTS 10:00 A.M.@ COUNTY
LUNCHEON WITH EXECUTIVE COMMITTEE 11:30 A.M. @ COUNTY
UPDATE OF WETLANDS PLAN ALTERNATIVES 1:00 P.M. @ COUNTY
1/16/90 REVIEW OF TRAFFIC MODEL STUDY RESULTS 1:00 P.M. @ COUNTY
2/5/90 REVIEW OF PRELIMINARY DRAFT EIR& 9:00 A.M. @ CITY
LCP/SPECIFIC PLAN
3/2/90 REVIEW OF REVISED PRELIMINARY DRAFT 9:00 A.M. @ CITY
EIR&LCP/SPECIFIC PLAN
STAFF SUBCOMMITTEE
MEETING SCHEDULE
DECEMBER 1, 1989
PAGE 2
5/10/90 REVIEW OF DRAFT RESPONSES TO PUBLIC 9:00 A.M. @ CITY
COMMENTS&CEQA FINDINGS
REVIEW OF CITY STAFF REPORT- 10:00 A.M. @ CITY
PC HEARING
5/17/90 REVIEW OF CITY STAFF REPORT- 9:00 A.M. @ CITY
CC HEARING
REVIEW OF COUNTY STAFF REPORT- 10:30 A.M. @ CITY
PC HEARING
5/30/90 REVIEW OF COUNTY STAFF REPORT- 9:00 A.M. @ COUNTY
BOARD HEARING
07/90 COASTAL COMMISSION PUBLIC MARINA del REY
HEARING
Romberg Tiburon Centers
Center for Environmental Studies P. O. Box 855,3150 Paradise Drive
Son Francisco State University Tiburon,CA 94920 (415)435-1717
November 14 , 1989 jol
A 0 N
TO: Bolsa cl Wetland Subcommittee members
16
cj
FRO oss
0 oi����ss
SUBJECT: Preliminary wetland alternatives
Please find enclosed the preliminary wetland alternatives I have
developed for the Bolsa Chica wetlands. Admittedly, much detail
is not included within this stage of the planning process . I
have attempted to use many of the suggestions I have received
from each of you as well as to accommodate the site constraints.
I have utilized much oft-he information provided by various
parties concerning habitat types , existing values , hydrologic
constraints, and oil-phase out planning. Unfortunately, not all
of the information needed was available or completed prior to the
preparation of these alternatives . I will update you on the
status of these data needs at the meeting.
Undoubtedly, you will find elements that you like in each of the
plans . My purpose at this point is to receive your critical
input to the range of alternatives presented- here. At the meet-
ing, I hope to cover the following topics:
1. overview of planning process to date
2 . Data sources and data gaps
3 . Presentation of existing conditions (maps with over
lays) .
4 . Presentation of alternatives
5 . open discussion
6 . Procedures for next phase in planning of alterna-
tives .
I look forward to discussing these alternatives with you on
Thursday.
N"0 V � 1989
Office of ZociriR i�'Ilrr.;,rj;sirarcir
PRELIMINARY BOLSA CHICA WETLAND RESTORATION PLANS
November 16, 1989
1 . Minimum Change Plan
Overall objective: Consider minimal changes in topography
and water management in order to meet enhancement
objectives.
Development: No cross-connector. Possible development
consolidated into southeastern region of site.
2 . Muted Tidal and Managed Wetland Plan
Overall objective: Maximize muted tidal habitat and
seasonal ponds.
Development: With and without development
3 . Tidal System Plan
Overall objective: Maximize tidal habitat and tidal prism
exchange to maintain ocean entrance.
Development: No cross-connector, no lowland development
4 . Mixed Habitat Plan
Overall objective: Development of diverse habitats while
meeting acreage requirements of DFG.
Development: With cross-connector and lowland development
Definitions
Managed wetland: A non-tidal wetland system in which inundation
by fresh and salt water is controlled through gates and pumps.
Seasonal ponds: A non-tidal wetland on which precipitation and
surface runoff provide the only water source . Winter ponding
occurs and by summer much of the area is barren.
Freshwater/Brackish Marsh: A non-tidal wetland which receives
sufficient runoff to allow emergent vegetation to develop. May
become more saline during summer, but is generally below 5 ppt.
Muted tidal wetland: A tidal wetland in which the tidal regime
is controlled within a narrow range compared to the natural tidal
range.
Full tidal wetland: A fully tidal wetland in which only channel
attenuation affects the tidal range. Deep tidal refers to areas
that are below 6 ft from MSL and shallow wetland refers to areas
shallower than 6 ft from MSL.
1
OVERALL ALTERNATIVE PLAN ASSUMPTIONS
1. Existing high values will not be changed until such values are
replaced in another area . As a result of this assumption, the
following areas are not to be modified until later in the overall
phasing process:
1 . State Ecological Reserve
2 . Seasonal ponds near Huntington Mesa
3 . Rabbit Island
2 . Wetlands enhanced in earlier phases can be changed to another
type of wetland in subsequent phases to meet overall plan objec-
tives . In other words , interim wetland types can be changed
despite values which might develop on that wetland during in-
termediate phases.
3 . Muted tidal wetlands are most efficiently created for limited
tidal range with a mid-point near mean sea level or higher.
4 . The tidal prism volume necessary to maintain non-navigable
ocean entrance is etween 965 to 75 acre-ft for a channel width
of 250 and depth of-6 ft be ow MS .
5. Shoreline protection measures and widening of Warner Avenue
Bridge can be undertaken to reduce the impact of greater tidal
discharge through Huntington Harbor. Tidal volume can be in-
creased through the Harbor by 25% (up to 450 ac-ft) without
resulting in significant adverse impacts to currents in the
Harr o
6. Boundaries of various wetland "compartments" are determined by
existing levees. Exact boundaries may be adjusted to accommodate
oil phase-out plans. Levees within wetlands may be erected to
protect certain oil operations and any proposed lowland develop-
ment. In some cases, roads and drilling platforms may be raised
to avoid flooding.
7 . Precise acreage determinations for wetland/non-wetland acreage
within each alternative were not possible at this stage. In
those alternatives showing lowland development , all wetland
acreage proposed for fill will be compensated by an appropriate
acreage of new wetland created from uplands within each phase.
8 . At present, pollutant accumulation in Outer Bolsa Bay sedi-
ments from the Wintersburg Flood Channel has been observed, but
is not a significant problem. It is assumed that future flood
and urban runoff flows can be discharged through wetland areas
with appropriate routine monitoring of pollutant accumulation.
9 . The woodland ESHA can be established using native vegetation
along the Huntington mesa and areas where appropriate freshwater
sources are available.
2
10 . Each alternative attempts to achieve the Coalition goal of
1000 acres of functioning estuarine and wetland habitat. Howev-
er, due to errors in measurement, the acreage determinations
shown in the accompanying table have a margin of error of 5% .
The final phase of each plan attempts to meet the distributional
requirements of the Department of Fish and Game for various
habitats.
3
GENERAL ALTERNATIVE DESCRIPTIONS
ALTERNATIVE 1
Justification : This approach considers the "minimum" steps
necessary to enhance the existing wetland acreage and values
within the entire lowland area. For the most part, it relies on
existing topography. Initial phases of the project might be
accomplished without significant modification of existing land-
use. Later phases in this alternative will require increasing
modification of the internal levees and implementation of an oil
phase-out plan. The alternative is management intensive due to
the high acreage of managed and muted tidal wetlands.
Description: The first phase of this project involves creation
of tidal wetland along the northern edge of the Wintersburg Flood
Channel . A portion of the levee will be removed and a tidal gate
relocated upstream. Upstream of the tidal gate, flood waters
will be diverted either to two freshwater/brackish marshes or to
a channel that runs along the edge of the existing residential
development. Winter freshwater flows will be diverted into this
channel and allowed to flood over the existing--"cells" . These
"cells" will be managed similar to pickleweed areas in duck ponds
in Suisun Bay : flooded in winter and drained during summer
months. Water will be drained through a channel adjacent to
Rabbit Island and subsequently discharged by gravity or pump to
Outer Bolsa Bay.
The seasonal ponding area near Huntington Mesa will be protected
as is during Phase 1 . Saline water from an expanded muted tidal
area near the State Ecological Reserve may- be used to provide
supplementary water to extend the period of spring and summer
ponding. Runoff from SeaCliff will be diverted towards the east
to support a freshwater/brackish marsh. A freshwater pond will
also be enhanced at the Springdale pump station discharge .
Woodland ESHA' s would be created near sources of freshwater or
along the Huntington Mesa.
Phase 2 proposes an small increase in the tidal marsh as well as
expansion of the muted tidal regime and managed wetland system.
A levee will be constructed to separate the southern portion of
the Ecological Reserve from the portion nearest Rabbit Island.
The tidal wetland will encompass most of the former tidal slough.
A levee will be required to separate the tidal areas from the
managed and muted tidal areas.
Phase 3 proposes an expansion of the tidal marsh either as full
tidal or muted tidal . Phase 4 involves development of a mixed
habitat (seasonal ponding) and grassland in the southeastern
portion of the site, including Edward' s Thumb.
Phase 1 will not result in a significant increase in the tidal
volume passing through Huntington Harbor and therefore, no im-
4
provements are proposed. The tidal prism volume proposed for
Phase 2 is in the lower range that is sufficient to maintain a
non-navigable ocean entrance which might be located offshore of
Rabbit Island. However, it is also proposed to widen the Warner
Avenue Bridge entrance to accommodate more volume. Phase 3 is
likely to be sufficient to maintain an ocean entrance, but since
this alternative examines the minimal steps towards enhancement,
an ocean entrance is not shown. The respective areas of tidal
and muted tidal regime may need to be modified to reduce the
volume of water passing through Huntington Harbor.
ALTERNATIVE 2
,justification: This alternative examines the use of muted tidal
regime as the primary habitat type, at least during the initial
phases . This plans provides a high degree of protection for
existing values , especially for Belding ' s savannah sparrow,
waterfowl , and California least tern. Subsequent phases may
accommodate shallow tidal marsh habitat through a southern ocean
entrance. Lowland development is accommodated within this alter-
native.
Description: Phase 1 of this plan proposes muted tidal regimes
to be established on either side of the Williamsburg flood chan-
nel . The tidal gate is moved upstream so that tidal action can
occur within the lower reaches of the channel . The levees are
left intact to protect the muted tidal areas from high tide
inundation. The areas shown for muted tidal action in Phase 1
are generally near MSL and therefore would have both submerged
and emergent areas . Seasonal ponds are proposed for Phase 1
adjacent to the muted tidal areas. Water intake structures may
used to allow a longer duration of ponding during the spring and
summer months using saline water. Freshwater/brackish marsh and
ponds are proposed for Edward ' s Thumb. The woodland ESHA is
proposed within the freshwater portion of the Wintersburg Channel
and along the Huntington Mesa.
Phase 2 proposes expansion of the muted tidal regime to areas
along the Cross-Gap Connector. Since these areas are well below
MSL, fill or grading may be necessary to create emergent marsh
areas . The expanded muted tidal area will be connected to a
tidal area constructed as in Alternative 1.
Phase 3 proposes expansion of the muted tidal regime to the last
portion of the site. However, if the tidal prism is too large
for the existing Huntington Harbor discharge, a seasonal ponded
area is proposed. As an option, a southern ocean entrance is
proposed in Phase 3 . The tidal prism resulting from the creation
of tidal marsh is well in excess of that needed to maintain a
non-navigable ocean entrance.
5
The Phase 1 tidal prism can be handled through the existing
channel system. By Phase 2 , the Warner Avenue bridge will re-
quire widening. and the expanded tidal prism may exceed the
capacity of Huntington Harbor. The Phase 3 option will result in
substantial tidal prism that cannot be discharged through Hunt-
ington Harbor.
ALTERNATIVE 3
Justification: This alternative explores the initial creation of
sufficient deep tidal water (-6 ft MSL) and shallow tidal water
wetland to support an ocean entrance during the initial phase.
In addition, this alternative maximizes tidal wetland throughout
the site. To meet the acreage requirements of the Department of
Fish and Game while providing for deep water habitat, the entire
lowland site is utilized for the wetland enhancement plan.
Description: Phase 1 proposes the creation of a large seasonal
freshwater/brackish marsh along the Wintersburg Flood Channel .
This area would be contained between Bolsa Mesa and the southern
levee of the existing channel . A deep tidal system would be
created-. east.-,of ,-the State Ecological Reserve-.-wit-h a levee con-
structed to protect existing oil operations. The southern ocean
entrance would be constructed in the first phase, however, the
ocean entrance could also be moved opposite Rabbit Island. A
muted tidal area would be created between the Flood Channel and
the deep tidal habitat. Tidal water for the muted system would
be derived from the deep tidal area.
Phase 2 would involve expansion of the tidal area to the north-
east with muted or managed wetlands to the southeast. Extensive
fill would be required to raise elevations within the area suffi-
ciently high to support pickleweed. It is not desirable to have
deep water tidal adjacent to the residential area due to flooding
problems and shore erosion. Seasonal ponds would be expanded
from the Phase 1 area to Edward' s Thumb.
Woodland ESHA' s are located similar to that proposed in alterna-
tive 1.
The tidal prism during Phase 1 is sufficient to maintain an ocean
entrance under the assumptions given above. The "flow-thru"
nature of the system will assure high water quality in both
Huntington Harbor and the newly created area. The State Ecologi-
cal Reserve would also receive high quality water.
6
Alternative 4
Justification: This alternative attempts to meet the acreage
requirements of the overall land use plan proposed by the Coali-
tion, the acreage requirements of the Department of Fish and
Game , and maximizing habitat diversity. An ocean entrance is
also proposed as part of Phase 1.
Description: Phase 1 proposes the creation of tidal marsh on the
MWD property north of the Wintersburg Flood Channel . The levee
will be removed and the tidal gate moved upstream. A muted tidal
regime will be created around the Rabbit Island area . The deep
tidal area will be created similarly to Alternative 3 ; however,
it will not be continuous with Outer Bolsa Bay until Phase 2 .
The area to be maintained and enhanced as seasonal pond is larger
than in other Phase 1 alternatives. Freshwater/brackish marsh
and seasonal ponds are proposed for Edward' s Thumb. All woodland
ESHA' s are proposed along Huntington Mesa.
Phase 2 proposes expansion of the muted tidal area adjacent to
the Cross-Gap Connector and seasonal ponds . Fill will be re-
quired for these areas to accommodate emergent wetland. In addi-
tion, a tidal connection- to Outer Bolsa- Bay is proposed.-
The tidal prism volume in Phase 1 will be near the minimum neces-
sary to maintain an ocean entrance. The diversion of flood flows
from the Wintersburg Channel to the tidal wetland may assist in
maintaining an open channel during the winter. Subsequent expan-
sion of the muted tidal area should provide sufficient tidal
prism.
7
WINTERSBURG TOTAL
MUTED NON- CHANNEL ENHANCED ESHA'S DEVELOPED
DEEP TIDAL TIDAL MANAGED TIDAL FW BRACKISH NON- WETLAND RABBIT AREAS UNSPECIFIED
TIDAL WETLANDS WETLANDS MARSH WETLANDS MARSH MARSH TIDAL TIDAL ACREAGE ISLAND DUNES WOODLAND AREAS TOTAL
CURRENT CONDITIONS
0.0 46.1 146.7 0.0 729.8 3.8 0.0 0.0 13.2 939.6 50.7 13.6 20.5 0.0 256.4 1280.8
MINIMUM ENHANCEMENT PLAN
PHASE lA 0.0 84.9 180.6 59.1 118.9 39.1 10.7 0.0 13.2 506.5 50.7 13.6 30.6 0.0 679.4 1280.8
PHASE 1B 0.0 84.9 180.6 176.3 118.9 39.1 10.7 0.0 13.2 623.7 50.7 13.6 30.6 0.0 562.2 1280.8
PHASE 2 0.0 191.2 258.6 224.0 142.3 39.1 10.7 0.0 13.2 879.1 50.7 13.6 30.6 0.0 306.8 1280.8
PHASE 3 0.0 255.8 258.6 224.0 142.3 39.1 10.7 0.0 13.2 943.7 50.7 13.6 30.6 0.0 242.2 1280.8
MUTED TIDAL PLAN w/development
PHASE 1 0.0 46.1 303.1 0.0 190.3 67.0 10.7 6.1 7.1 630.4 50.7 13.6 23.7 224.3 338,1 1280.8
PHASE 2 0.0 174.9 345.3 0.0 190.3 67.0 10.7 6.1 7.1 801.4 50.7 13.6 23.7 224.3 167.1 1280.8
PHASE 3 0.0 423.7 219.8 0.0 204.6 67.0 10.7 6.1 7.1 939.0 50.7 13.6 23.7 224.3 29.5 1280.8
TIDAL PLAN
PHASE 1 191.5 46.1 241.4 0.0 118.9 45.7 10.7 0.0 13.2 667.5 50.7 13.6 32.0 0.0 517.0 1280.8
PHASE 2 228.1 281.8 241,4 134.9 191.6 45.7 10.7 13.2 0.0 1147.4 50.7 13.6 32.0 0.0 37.1 1280.8
PHASE 3 228.1 281.8 376.3 0.0 191.6 45.7 10.7 13.2 0.0 1147.4 50.7 13.6 32.0 0.0 37.1 1280.8
COALITION PLAN
PHASE 1 143.6 134.8 208.6 0.0 158.8 67.0 10.7 6.6 6.6 736.7 50.7 13.6 21.4 224.3 234.1 1280.8
PHASE 2 156.2 166.7 282.4 71.4 171.8 67.0 10.7 6.6 6.6 939.4 50.7 13.6 21.4 224.3 31.4 1280.8
PHASE 3 156.2 212.7 307.8 0.0 171.8 67.0 10.7 6.6 6.6 939.4 50.7 13.6 21.4 224.3 31.4 1280.8
Table 1. Acreages of various habitat types, under current conditions and as projected for four restoration alternatives .
For current conditions, total enhanced wetland acreage actually denotes current wetland acreage and not restored
wetlands. For all alternatives , Unspecified areas include both unenhanced wetland areas at a particular phase of
restoration and other areas for which no enhancement has been proposed.
Data for current conditions are from vegetation map completed by C. Robert Feldmeth and Associates. Data for the four
restoration plans are based on digitization of maps of each plan (scale 1:3600) .
COMPARISON VA RIO US PL A NS
300
qo
WNI�
400
'M
AOU '30()
30
OU
10()
00
ro
NI-
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Figure 1. Acreages of wetland habitat types and total ESHA's under current conditions and as projected for four
restoration alternatives, following the final phase of restoration for each alternative. Data are from Table 1.
RECt; V`L)
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BOLSA CHCA ��-1
} Romberg Tiburon Centers
Center for Environmental Studies P. O Box 855,3150 Porodise Drive
Son Francisco Siote University Tiburon,CA 94920 (415)435-1717
December 17 , 1989
TO: Bolsa Chica Wetland Subcommittee members
FROM: Michael Josselyn, PhD
SUBJECT: Draft Wetland Restoration alternatives (Version 2 . 0)
I have developed a revised set of wetland restoration
alternatives for your consideration. The revisions were based on
meetings I have held with members of the subcommittee, Coalition,
and the public to describe the process and alternatives developed
in November 1989 .
The most significant change in the alternatives presented today
is that there are now three major alternatives , each having an
option with and without low-land development. The major themes
of the original alternatives is still carried forward in these
alternatives , that is a minimum alteration , a managed tidal
system, and a full tidal system. Alternatives 3 and 4 have been
combined into one (Alt 3) .
Many of the changes have resulted in discussions concerning
feasibility, cost, and need to provide for certain habitat types
and acreages. In addition, engineering information and analysis
has been on-going and, at the time of preparation of this packet,
had not been complete. I am hoping for your feedback on these
alternatives and will continue to analyze the feasibility and cost
of each.
For our agenda today, I would like to cover:
1. Presentation of alternatives
2 . Meeting of objectives for target species and
restoration goals
3 . Engineering considerations
4 . General discussion
5. Subsequent steps in refining alternatives
DRAFT BOLSA CHICA WETLAND RESTORATION PLANS
December 18 , 1989
The general theme of each of the plans is presented below.
Options with and without lowland development are shown for each
overall plan.
1 . Minimum Change Plan
Overall objective: Consider minimal changes in topography
and water management in order to meet enhancement
objectives.
2 . Managed Wetland Plan
Overall objective: Maximize managed tidal and non-tidal
habitat and seasonal ponds. Full intertidal wetland is con-
sidered in the Phase 3 component of the plan if suitable
managed wetland habitat is provided in the preliminary
phases.
An ocean entrance is considered near Warner Avenue if tidal
exchange volumes--are, too -large for the Huntington- Beach
Harbor.
3 . Tidal System Plan
Overall objective: Maximize tidal habitat and tidal prism
exchange to maintain ocean entrance.
Definitions
Managed non-tidal wetland: A non-tidal wetland system in which
inundation by fresh and salt water is controlled through gates
and pumps. No regular daily tidal influence is anticipated.
Seasonal ponds : A non-tidal wetland on which precipitation and
surface runoff provide the only water source. Winter ponding
occurs and by summer much of the area is barren.
Brackish Marsh: A non-tidal wetland which receives sufficient
runoff to allow emergent vegetation to develop. May become more
saline during summer, but is generally below 5 ppt:
Managed tidal wetland: A tidal wetland in which the tidal regime
is controlled within a narrow range compared to the natural tidal
range. Various types of water control structures may be used to
achieve daily tidal action.
Full tidal wetland: A fully tidal wetland in which only channel
attenuation affects the tidal range . Subtidal areas refer to
those depths below MLLW and intertidal areas refer to both mud-
flats and vegetated marsh.
1
DETAILED DESCRIPTION OF EACH HABITAT TYPE
Managed non-tidal wetland
This system would be dominated by vegetated wetlands, primarily
pickleweed. The objective of the water management on the site
will be to enhance soil moisture levels in the winter and spring
to encourage the growth of pickleweed and other halophytes .
The area would be drained during the summer months , but might
also receive some water from the tidal portions of the site.
Freshwater would be diverted from the flood control facility by a
a set of water control structures into a feed channel along the
eastern edge of the system. It would then be discharged into the
individual cells through a water control structures . The
freshwater would be ponded in the managed non-tidal wetland to
just submerge the pickleweed. Excess water could be drained
through a system of water control structures to a ditch on the
western edge which eventually discharges through a slough near
Rabbit Island. A flap gate system will be employed here.
The area would support some Belding ' s savannah sparrows
throughout the .year, .but . n.ot-in-.the same nu-mbers as a managed
tidal or tidal marsh. It would also attract large numbers of
waterfowl when flooded in the winter months, especially dabbling
ducks. During the summer, it would support small mammals and the
raptors which feed on them.
Seasonal ponds
Seasonal ponds would consists primarily of open mudflat ,
receiving rainwater and runoff during the winter to support broad
expansive ponds of various salinity . Salt water might be
introduced during the summer to discourage vegetation and provide
longer lasting ponds for resident shorebirds . Seasonal ponds
will not require significant management effort, but should have
water control structures to allow some drainage and flooding as
necessary to maintain mudflat habitat.
Seasonal ponds would primarily support wading shorebirds . In
areas receiving additional freshwater runoff, some dabbling ducks
might also be found. Belding' s savannah sparrow is also known to
use the seasonal ponded habitat when pickleweed is present .
Therefore, some management for pickleweed might be. desirable.
Brackish marsh
This type of marsh system requires freshwater inflow. In order
to maintain habitat for freshwater and brackish emergent plants,
a permanently ponded area is required. Freshwater can be derived
from surface flows or ground water pumping. It might also be
possible to excavate to the deep ground water table and create a
ponded habitat similar to Victoria Pond in the Santa Ana River
flood plain.
2
Ponded areas would have to be at least 4 feet deep to avoid
becoming clogged with vegetation. This depth would need to be
maintained for several months during the spring . Shallower
depths could be designed for vegetation and might provide nesting
areas for waterfowl . However, vegetation should not be extremely
dense as mosquito problems can develop, especially when the marsh
is near residential areas.
Managed tidal marsh
The State Ecological Reserve is an example of a managed tidal
marsh. It has a muted tidal regime and consists primarily of
open water habitat with islands containing pickleweed. A managed
tidal marsh can be developed around a number of elevational
ranges depending upon the type and number of water control
structures. For the purposes of this plan, it is assumed that
the most efficient system is one that operates near the MSL datum
(plus or minus 1 ft) .
Depending upon the elevation and the management regime , the
distribution of vegetation and open water can vary . The
_._--Ecological . Reserve_ provides. excellent. habitat for . species which -
require open water such as terns and skimmers. Belding savannah
sparrows are also found along the margins. Clapper rails may be
found, but are not prevalent as in tidal marshes . Muted tidal
regimes are not as attractive to marine fishes as fully tidal
systems, but can support high numbers of estuarine fish.
Full tidal system
Outer Bolsa Bay is an example of a fully tidal system .
Elevation is the critical variable in the development of the
various habitat types within this system. The subtidal habitat
is defined as that area below extreme MLLW, the intertidal
mudflat is found between MLLW and MTL, and vegetated marsh at
slightly above MTL to MHHW. For the purposes of this planning
exercise, it is assumed that intertidal habitat (that is above
MLLW) consists of 40% mudflat and 60% intertidal vegetated
habitat, primarily pickleweed.
Tidal marsh can provide habitat for almost all the target species
listed for this site. Subtidal habitat is excellent for marine
fishes , especially when connected directly through an ocean
entrance. Eelgrass might grow in this situation if the water is
clear enough. Diving ducks utilize the deep tidal areas for
feeding and resting. Terns, skimmers, and pelicans also feed in
the deep tidal areas. The intertidal mudflats are utilized by a
variety of shorebirds and provide a substantial feeding area
during the winter migratory period. Light-footed clapper rail
and Belding ' s savannah sparrow are also found in the vegetated
portions of the intertidal habitat.
3
Coastal transitional ESHA =(Eucalyptus grove)
The primary function of the eucalyptus grove ESHA is as a
roosting area for raptors such as the peregrine falcon and
sharp shinned hawk. The actual acreage of eucalyptus is less
than 10 acres , but other habitats such as scrub-shrub are
included in this ESHA. It provides some upland transitional
habitat for species which use the margin of the wetland system.
As coastal grassland is eliminated by residential development
that a number of factors must be considered when replacing this
ESHA.
The most logical location for a coastal scrub-shrub environment
is along the Huntington mesa . The bluff face can provide the
needed acreage for roosting areas and cover for raptors and their
prey. It would be desirable to provide some roosting poles ,
through the extent of eucalyptus currently present need not be
duplicated. Perhaps more important will be the availability of
foraging habitat within the lowlands. Rabbit Island and managed
non-tidal wetlands would provide the best summer foraging
habitat . Seasonal vegetated areas would also be desirable .
These areas would receive seasonal rainfall and may exhibit some
ponding, but they would primarily be vegetated with halophytes
and coastal plants. As such, they would be wetlands, though dry
most of the year. Edward' s Thumb provides the best opportunity
for this type of habitat along with roosting poles placed along
the bluff face.
4
MEETING TARGET SPECIES OBJECTIVES
One of the initial meetings in the planning process involved the
selection of target species . The purpose of this selection
process was to consider those species that should benefit from
the restoration of the Bolsa Chica lowlands . There are many
other species that will benefit as a result of the restoration ;
however, the target species will provide the means by which to
measure our success.
A listing of the habitat requirements of the various species is
attached. For each alternative, the ability of the restoration
to meet the target species objective is ranked on a scale of 1
(low) to 5 (high) . The last stage of the alternative is used to
evaluate the effectiveness of the habitat distribution to meet
the species needs. his is not a HEP, although a modified HEP
might be appropriate. It is simply a subjective analysis of the
alternatives in light of the target species habitat requirements.
No attempt has been made to separately evaluate the options
within each alternative.
Primary target species 1 /Y 2 /� 3 P
Belding ' s Savannah Sparrow 3 5 4
California least tern 4 3 3
Light-footed clapper rail 2 4 5
California halibut 0 4 5
Snowy plover 3 4 3
Wading shorebirds 2 4 4
such as avocets, silts,
dowitchers
Dabbling ducks 5 4 4
Eelgrass 1 3 5
Secondary target species
American peregrine falcon 5 3 4
Osprey 2 3 4
Short-eared owl 4 4 3
Black Skimmer 4 4 4
Elegant Tern 4 4 4
Burrowing owl 5 3 2
Diving ducks 4 4 4
--------------------
1 . A modified HEP requires a number of experts to meet and evalu-
ate the habitats in terms of the habitat requirements of each
species. Habitat suitability models would need to be developed
for each species.
5
MEETING RESTORATION GOALS
A number of restoration goals were established by the Coalition
to determine the general needs and approach that should be taken
to design the restoration of the Bolsa Chica lowlands . These
goals were used to establish specific objectives in the planning
process as well as guidelines in the selection of various alter-
natives.
For each alternative, I have ranked the effectiveness of the
alternative in meeting the specific goal on a scale of 1 (low) to
5 ' (high) . As with the target species, this evaluation is subjec-
tive and needs to be validated by independent review by the
committee members. In some cases, sufficient information is not
yet available for evaluation; this information is currently being
collected.
GOAL 1 2 3
BIOLOGICAL
No loss of existing 5 4 4
habitat values
No adverse effects 5 4 4
on endangered spp.
Maintain values of 5 5 5
ESHA' s
Enhance for wetland and 4 5 4
estuarine species
Establish buffer areas 5 4 5
to maintain value
face of development
Normal mix of 2 3 5
habitat types and
maximize diversity
Minimum relocation 5 3 4
Phased implementation 5 5 5
to reduce impacts to
biological integrity
Interspersion of 5 5 5
habitat types
species
6
GOAL 1 2 3
Achieve at least 5 5 5
1, 105 acres of
wetlands, ESHA' s,
and open space.
HYDRAULIC
Highest quality 2 4 5
of water
"Simple" system 2 3 5
consistent with
goals
Minimum manipulation 2 2 4
Compatible with 4 2 5
existing and
anticipated flood
flows
No adverse impacts 3 3 5
to water quality in
HH/AB
OTHER
Controlled public 4 4 4
access
Quantifible restoration 4 4 4
objectives
Long-term monitoring 5 5 5
program
Maximize native 4 5 5
species habitat
Minimize adverse 5 5 3
impacts to adjacent
property
Removal of oil 3 5 5
extraction activities
Cost-effective plan 5 3 2
7
W-i_n tersburg Monthly Discharge (AC—FT)
At Gothard Street, Huntington Bch.
5,000
n
4,000
3,000
2,000 �
1,000 '
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
-- 76-77 — 77-78 ---- 78-79 ........ 79-80 -- 81-82 — 82-83
AVAILABLE WATER FOR BRACKISH WATER MARSHES
Water sources for the creation of freshwater and brackish water
marshes is limited to the East Garden Grove-Wintersburg flood
control facilities, the Springdale pump station, and runoff from
the Huntington Mesa . To consider any of these sources , one
needs to know the amount of water available and during what time
of year.
The discharge from the Wintersburg flood channel is shown above
for several successive years. It varies considerably from year
to year, but is usually greatest during the months of January
through March. Flows throughout most of the rest of the year are
less than 100 ac ft/month. This inflow must be balanced with
predicted losses due to infiltration , discharge , and
evapotranspiration. Although flows are high during the winter,
most of this storm water would need to be discharged to the ocean
to alleviate backup into the residential areas . It is unlikely
any significant portion could be stored for later discharge to
the freshwater wetland.
Annual discharge from the Springdale Pump Station (23-27 ac-ft) ,
and the Huntington Mesa (85-136 ac-ft) is considerably less than
the flood control channel .
Additional information needs to be gathered in order to assess
the acreage of permanently ponded brackish water that could be
created, but it is likely to be relatively small .
7
SMALL MAMMALS TRAPPED AT BOISA CHICAI
Habitat--Map Location Season Total
Species Summer Fall Winter Spring
Secondary sand Dunes (inner) --1
Mus musculus 8 9 11 0 28
Reithrodontomys megalotis 0 2 0 0 2
Secondary Sand Dunes (outer)--lA
Mus musculus 2 8 8 * 18
Reithrodontomys megalotis 0 0 22 * 22
Coastal Sage Scrub--2
Mus musculus 2 0 0 1 3
Reithrodontomys megalotis 7 28 10 10 55
Neotoma fucipes 0 2 0 0 2
Grasslands--3
Mus musculus 0 0 0 2 2
Reithrodontomys megalotis 5 2 1 5 13
Salicornia (oil field--disturbed)--4A
Mus musculus 1 0 0 0 1
Reithrodontomys megalotis 11 8 8 22 26
Salicornia (non-tidal)--4B
Mus musculus 0 0 0 0 0
Reithrodontomys megalotis 4 9 6 7 49
Salicornia (upland) --4C
Mus musculus 0 * * 0
Reithrodontomys megalotis 0 * * * 0
Salicornia (tidal) --4D
Mus musculus * 0 4 4
Reithrodontomys megalotis 5 0 5
Tertiary Sand Dunes (Rabbit Island)--5
Mus musculus 0 0 0 0 0
Reithrodontomys megalotis 1 13 23 1 38
Totals
Mus musculus 13 17 23 3 56
Reithrodontomys megalotis 28 67 70 45 210
Neotoma fucipes 0 2 0 0 2
Total 41 86 93 48 268
--------------------
1. Mitech, Results of a Small Mammal Trapping Study at The Bolsa
Chica Wetland and Associated Upland Habitat (Draft) , prepared for The
Department of the Army, Los Angeles District Corps of Engineers,
P.O. Box 2711, Los Angeles, CA, 90012 , October 1989 .
r
.Jai) .� '`ry �y':•� \t��',• ' '��
••t i vt i, :�,i t '� .J�''�f' e I I -L 2GRAHAM STREET
Ili i I :i�< II•II r• ,/.
n
I' I� � � f11 I � � / �/ •,
•;j .�f D�_ l'J i}. ! Vic, �i��r - .; J � `;� .. i7ALPERT AVENUE
vF .. ._�. �PRINGDALE STREET
�!I L I •' i 1, �� .>�1 _ :.�'�'�;,`' :�','>L
(n
-f - •�\ �\:l tv.;�'�`<.. `t-ram/• '7•`�f', �
17
ITI
1 1•:
C)
f-
*1
TOTAL REMAINING
TIDAL MANAGED TIDAL NON-TIDAL ENHANCED ENHANCED
TOTAL WETLAND HABITAT WETLAND
INTER- INTER- ENHANCED AND LOSS AND ESHA'S TRAN-
DEEP TIDAL TIDAL NON-VEG VEGET NON-VEG VEGET BRACKISH WETLAND DEEPWATER TO DEEPWATER RABBIT COASTAL DEVELOPED SIT10N UNSPECIFIED
TIDAL NON-VEG VEGET WETLANDS WETLANDS CHANNELS WETLANDS MARSH MARSH ACREAGE ACREAGE BUFFERS HABITAT ISLAND DUNES TRANSITION AREAS HABITATS AREAS TOTAL
1 2 3 4 5
CURRENT CONDITIONS
0.0 37.6 7.9 109.7 25.3 49.5 334.0 338.1 4.5 657.1 906.6 0.0 906.6 50.7 13.6 20.5 0.0 312.0 1303.4
MINIMUM ENHANCEM�'NT PLAN w/o development
PHASE IA 6.1 33.4 50.2 112.3 74.9 7.1 142.7 91.5 39.5 565,7 578.9 58.0 520.9 50.7 13.5 42.1 0.0 540.7 77.4 1303.4
PHASE 1B 6.1 33.4 50.2 112.3 74.9 7.1 142.7 208.7 39.5 682.9 696.1 58.0 538.1 50.7 13.6 42.1 0.0 423.5 77.4 1303.4
PHASE 2 6.1 75.9 114.1 138.5 92.3 7.1 142.7 254.7 39.5 878,9 892.1 58.0 834.1 50.7 13.6 42.1 0.0 227.5 77.4 1303.4
PHASE 3 6.1 100.4 150.8 138.5 92.3 7.1 304.4 254.7 39.5 1101.8 1115,0 58.0 1057.0 50.7 13.6 42.1 0.0 4.6 77.4 1303.4
MINI" ENHANCEMENT PLAN w/development
PHASE lA 6.1 33.4 50.2 112.3 74.9 7.1 118.9 86.7 11.6 511.2 524.4 69.0 455.4 50.7 13.6 22.4 239.9 418.5 33.9 1303.4
PHASE 1B 6.1 33.4 50.2 112.3 74.9 7.1 118.9 124.3 11.5 546,8 560.0 69.0 491.0 50.7 13.6 22.4 239.9 382.9 32.9 1303.4
PHASE 2 6.1 76.0 114.0 138.5 92.3 7.1 173.1 187.8 11.6 814.5 627.7 69.0 758.7 50.7 13.6 22.4 239.9 115.2 33.9 1303.4
PHASE 3 6.1 89.5 134.3 138.5 92.3 7.1 244.0 187.8 11.6 919.2 932.4 69.0 863.4 50.7 13.6 22.4 239.9 10.5 33.9 1303.4
MANAGED WETLAND PLAN w/o development
PHASE 1 6.1 18.4 27.7 243.2 162.1 7.1 76.9 0.0 26.7 576.2 569.4 58.0 531.4 50.7 13.6 19.3 0.0 548.6 81,8 1303.4
PHASE 2 6.1 92.2 138.3 283.6 189.0 7.1 76.9 0.0 25,7 827.9 841.1 58.0 783.1 50.7 13.6 19.3 0.0 296.9 81.8 1303.4
PHASE 3 6.1 153.3 229.9 283.E 189.0 7.1 168.1 0.0 26.7 1071.8 1085.0 58.0 1027.0 50.7 13.6 44.7 0.0 27.6 81.8 1303.4
MANAGED WEILAND PLAN w/development
PHASE 1 6.1 18.4 27.7 181.0 120.7 7.1 85.3 0.0 8.8 463.1 476.3 69.0 407.3 50.7 13.6 16.6 239.9 472.4 33.9 1303.4
PHASE 2 6.1 92.1 138.4 209.6 139.7 7.1 85.3 0.0 8.8 695.1 708.3 69.0 639.3 50.7 13.6 15.6 239.9 240.4 33.9 1303.4
PHASE 3 6.1 92.1 138.4 247.2 164.8 7.1 255.0 0.0 8.8 927.5 940.7 69.0 871.7 50.7 13.6 16.6 239.9 8.0 33.9 1303.4
TIDAL WETLAND PLAN w/o development
PHASE 1 177.9 29.6 86.8 128.3 85.6 7.1 118.9 0.0 24.2 494,6 679.6 58.0 621.6 50.7 13.6 38.1 0.0 447.0 74.4 1303.4
PHASE 2 177.9 107.8 204.2 128,3 85.6 7.1 118.9 0.0 24.2 690.2 875.2 58.0 817.2 50.7 13.6 38.1 0.0 251.4 74.4 1303.4
PHASE 3 177.9 107.8 204.2 224.6 149.8 7.1 183.6 0.0 24.2 915.4 1100.4 58.0 1042.4 50.7 13.6 38.1 0.0 26.2 74.4 1303.4
TIDAL PLAN w/development
PHASE 1 177.9 46.1 112.0 103.7 69.2 7.1 76.9. 0.0 6.8 437.9 622.9 59.0 553.9 50.7 13.6 18.6 239.9 326.8 30.9 1303.4
PHASE 2 177.9 64.5 139.6 142.4 95.0 7,1 134.4 0.0 8.8 605,9 790,9 69.0 721.9 50.7 13.6 15.6 239.9 158.8 30.9 1303.4
PHASE 3 177,9 64.5 139.6 194.1 129.5 7.1 205.3 0.0 8.8 763.0 948.0 69.0 879.0 50.7 13.6 18.6 239.9 1.7 30.9 1303.4
it
Table 1. Acreages of various habitat types, under current conditions and as projected for six restoration
alternatives. Data for current conditions are from habitat map completed by C. Robert Feldmeth and Associates.
Data for the six restoration plans are based on digitization of maps of each restoration plan (scale 1:3600).
See accompanying footnotes for an explanation of the methods for calculations,of each habitat type.
ioleilsiwwpy BumoZ to aoplo
6861 19 3 a
RECEIVED ALTERWATSVE 1A Y q,3A13038
MSNSMUM
u t C � 31989 CHANGE
c�
otllce of Zoning Administrator
_ co
LU
Yi w a 0SPRINGD _ t '
s '� If�� a _r."-•4+�� :_•,`'OND _ SAS0IJAL �`����` .Y "-'�/,
1'�_' ESHA—COASTAL ' rr^ \ � - t\ ~ S hHASE 3 ^, MESA
t�� �- y:— �--TRANSSTSON 'y `. y �• •�� �� -�: -� 'i�,,.�-_
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1 l HASE 1 -%
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•/� �� .fir'.•` �. �'►�• r`;\: '- ',Y�HASE � \) - ��'� �
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PHASE
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.TRAN03:T20N
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f G.
vi --.�"--:•mil'_ :,_ -�tz :a,, _---
BQLSQ CHfCQ �`
RECEIVED
utG .1 1989
Office w Zoning Administrator
ALTERB7A'r=VE iS
Ir
N M ,G
e0 w ,..
s9 C'Sip w '< z SPRINGD �.'Q .• \•`!=�'�' - ,,J:\
S.
, PV
CL
n..'• '.'`;
q -�- :. ,d,% "�lc�. �:w' �. •r�' i` - '1�� V n. .{ _ MESA
�LOWLA14D
- �.- . . .>?' .3J-ri-.��s:�.•�e='�,> 'lam• •R+..r4�' ;�' :`�', _r� z� _ :���,<f.. .'� ' � i/
�-.'+i EgHA. '• ._,•:D' ►�::_ ��.• \. ' .. PHASE 2 i• ';•i' �;� %'
80LSA MESA,
�'• l`r • r� �`TrYr VIE PLANTQ. r, v' 4"sNONTSDAL
'PHASE 1/f,:`_'_-:
/; �' 0 "`'�_lire.•,.. ). k �'` _ a.
�y r ��� ,�;t;• .t<;-x:' �•,J .. ,Q,� -: :• ..:: - - .. . '�';.%.•'W'I. � ��._ Y�I3ASE✓3. � - !l � �� � �`
{/,l•,i / ,tier > �?\ � E�HASE 2 � .:.
ly
- Mt
y,: / .. .�;.,•y., '`�7 . , =NTERT2DAL �^�.i�=' - `\\,
7 �-� N "'((/ '1 .�f.:'` PHASE 2 � � �11✓'� :..r ESHA-COASTAL
.'� '1 `.Q, ((' �f.•: �; �n / - 'SEASONAL PON i TRANSST=ON
PHASE I-
/�. _ `�. Qr ,,..- .RASE 2�.+. .. �I .�_ -'�"`:i.• .ter\
RABBII ISLAND 1 `_; — ��. rj/
I -MAWAGED
STATE ECOLOGICAL RESERVE
- �--�-�.f N - �:hi... �4'.:1."` ___ �• _ 'fir •�,. _ ��"�—��'.,..r—
BOLSQ CHECA K 1
RECEIVED
u t C -1 3 1989
Otf,ce of ZomnQ Administrator
' t-
ALTERNATIVE
MATYAGED WETLAND c2/� P�2
SYSTEM 'r-P:
w ESHA-COASTAL '
Er T12ANSIT20N
6 w w ti ')I•�;' C�
S z -,ui
y
O/vc, ¢ a u SPRINGDALva ;J7 • /�
W cc
/•-"�- -- ',�.�,; .ESHA'"� •r�^_ . �y,. ES�.���'�� ,�'C✓� r, � �\� (
KANAGED T2DAL �� '` ` �',`
t�xASE 2: JJJ��r t1°
-""� ''��.••%• _ •. .., SEASONAL POND��<' •'�'•' v .'�
�'� - 1_- �'.,^� .-�Q �'' L_ .;�+•^'Il. �i\�=` �`v•w � 'PHASE 3 /J'^i•� - i �� � '
\' !ESHA
'$OLSA.MESA
d \,\ =.t% - l` / :��/'.• � 1/ }'Y PLANT
• �';\ - �:,r��-...1"� is. MANAGED '�-
y� :'!� _"�i'..`;,<�..�j/' - '' r,`�'r...•'.P_H A S E 1
(A N am%:•� _f�:.� p2NTERT2DALH5E s. E,
111 /•� r'�• ' A
2— pI4AS 3 iLIN FF F.R0+1 SEA
CLIFF IV
- 4r'4
RABBIT ISLAND/
%'�
j' _ ''" ��' ./ - ✓\ - GED -rXDAL` __. yy,, }•� i'�.r;=;'i.
_ YY
:•;�_-- '' - ', - -_'�;-- .-.,`-;.:'•�:,.' - �� _ �... rC�gl,�3fGY7I4��_ � -- - J •t:..,.--.--tr.,r_ ---'�_-_--�
y OCEAN ENTRANCE �rC.
PHASE 2 �j yO
BOLSQ CH
[CA
RECEiVED
utu i � 1989
Office of Zonin¢Administrator
i
ALTERNAT=VE 2113 -'�� 1•
TlANAGED WETLAND � -� ��1 0 ,�
LU
cc
SYSTEM � � I\1 p
r w a
c11, LU w a SPRINGD �7 `tit ;,'-.•. :
9sf9 N ccZ IPA` o�\ _. 1 .' .j'\\.
or }•:ram. '�':_�:.\ ,�-r:-:•'/ ^:`�'^1,�'1.�. ',\�Y i,J•y=rr '�.
,S !�` =- - .P�:a"':' •'?ri-•-`-zr'/1.•'��V EL\ 7 �: '� v"i' f•/",•��G O~„' ',,.- ._/ ! 1 MESA
Lf ,(•;l,.r, i � '!-•"' 1"LOWLAND=DE\ ..I .�r �L:l. �- �,- ;�' .,•i�••��-..•,�
a•„POLSA MESA-'-:" .- Y;�:_ 'ti:"�• �-J. �..'`<.•.- t� j i�: µPHASE 3 .. �1 e �/.
J '\., - - ''y�,, �.,;.. E:'6�.�.:•Yiy MANAGED. T2DAL /� .�,. `.-- �`.�. rf 1�0
C v�ti PLANT
Y
.�
Q �,`�..__' �. �ice': i'k ��s���.. .y' - ' j,:f'- ./'�-t,� .���•.: •:�- �' /
ry
/ tea? ::•^� _
"�r.?—�---� GJ �,�.3'�/,;'�'tf;• 2NTERT=DAL �''.4-Ll.�. .� -�
3 •RUN FF F..RCM SEACLIFF IV
RABBIT ISLANDS Y �_ "Wiw :.�- S1� t
_ --ri-��� ✓.'•i` 1 l _ MANAGED '
__. OCEAN ETI-jr RAIJC7
e"A S E 2
BOLQA cHEca
R £CEiVED
UEG 1 61989
Office of Zonma Admims,atar
ALTERL$ATSVE SA
� P
TSDAl— WETLAY.ID
am
t N .:
Q
�C',/ SPRINGDCr Z
cc
r Y} SH A N c� M✓w
--TRANSI'TS� '1��\,-.� • — -.G� �/YA; MESA
� '1 \• ',. •���� .t��J', .-N; ..1T' 2 ��1;.�-J,.r MANAYHAS'E• ��iy %.�^- ~ ..�'-"-i�J�/.,�^`,.. �/; - � ��-f Y1'•���- \� �i: PHASE 2 '� _.' .. ti�. :,a. ..�, :3• � ` ;
BOLSA MESA
) �`'•�''� _` i 1 ' �S PLANT
I �� .C/.�_���:'�:�'�'Si�'''_ ... MANAGED ".1 �:"•�\�,:�. .,�� "�: Y�,' ./r...�.
r �,.3 _ _Y,l._ �r _ `_'. .` �. TSDAL> _. •,�—c;.;. - ✓ ,J 1. _, -Lei� 1 _ ��
�. �"' Q� - .4pHASE 1 .i "•.; /``�' �-,r 'fit _ • \'- ..o,
RUN FF A SEACLIFF IV
;7 N POTID�.-
/ -/ % I' e'.Q •((/, 1 '• / _ L�HASE 1 t
Q. RABBIT ISLANDI, . .'+, \7r
STATE ECOL RESERVE—
J CL/t' CHIrtV[/� OCEAN ENTi2ANCE
V!'1 A PHASE 1
BOL f:il
i
ALTERbIAT2VE 3.B 'Y
T=DAL WETLAND /'�i' �
111 �
cl
cSi w < u SPRINGD oy sr Q T P
,�' ^_ ... i. �---� =���LOWLAND D$VEL� � �✓C.�t - �`'':• �_. - � c MESA
`iSOLSA MESA 'JJ.F - MANAGED 'T=DAL 14�i� POND
.\ •\.., � mo�tt �i`.
PLANT
LJ'/r.,.J.ril %�1J-: .ti.�•. yt= ,•: _:I J=ATTERT=DAL ''s,r,.��=:1 — .'j`.y,� _ _ •1� .1
-
tOEM L;ANAGED~'
/ v
�6((J '4_ TSDAL /..,d. :�ycy` ��..r--• _� _ �1� ... .-•; PHASE �2�-' .r
f?UN FF F,.F30M SEACLIFF IV
�Q' )PHASE 1 = /._ — DEEP .r3:DAI-
PHASE 1 - ..�• - :
/ - --.,. ... ) �! .• - -�. �. _•-_. 1-. --...•• l� ESHA—COASTAL
i RABBIT ISLANDr 1. �� _ �'• j
�._ _ -- - - -- -" ,r / ti. - - J �.�'- _:_� � �- �',: • .Imo:
STATE ECOLSfGltAL RESERV4_'
!�
OCEAN ENTRANCE
BOLSA CHjr`A
37
MEMORANDUM OF AGREENEE SIT
z�. y BETVIEN THE ENVIRONMENTAL PROTECTION AGENCY
AND THE DEPARTNfENT OF THE ARMY CONCERNING
THE DETI: MfINATTON OF N TIIGATTON UNDER THE
y
PRO-,to CLEAN WATER ACT sECTTox 404(b)(1) GumELIvEs
L Purpose
The United States Environmental Protection Agency (EPA) and the United States
Department of the Army (Army) hereby articulate the policy and procedures to be used
in the determination of the type and level of mitigation tim=ary to demonstrate
.�-, - ...-�°.��.�0�h�1't�ee�ith�the �G.�n-��ICr�t (�, 'nl•�o �9)(�1��U3de�38Cs�'OxillE�el�eS-�:�°°.�-~`�,.^�-�:�
This Memorandum of Agreement (MOA) expresses the explicit intent of the Army and
EPA to implement the objective of-the CWA to restore-and- maintain the chemical,
physical, and biological integrity of the Nation's waters, including wetlands. This MOA
specifically-limited to the Section-404 Regulatory-Program -and is written--to- provide- -
clarification for agency field personnel on the type and level of mitigation required to
demonstrate compliance with requirements in the Guidelines. The policies and procedures
discussed herein are consistent with current Section 404 regulatory practices and are
provided in response to questions that have been raised about how the Guidelines are
implemented.
Although the Guidelines are clearly applicable to all discharges of dredged or fill
material, including general permits and Corps of Engineers (Corps) civil works projects,
this MOA focuses on standard permits (33 CFR 325.5(b)(1)y. This focus is intended
___--solely__to_reflect.the unique-procedural aspects.,associated_with._the__review-_of-standard_ - _._.
permits, and does not obviate the need for other regulated activities to comply fully with
the Guidelines. EPA and Army will seek to develop supplemental guidance for other
regulated activities consistent with the policies and principles established in this document.
nis MOA is a directive for Corps and EPA personnel and roust be adhered to
when considering mitigation-requirements for standard permit applications. The Corps . .
tvd11 use this MOA when maldng its determination of compliance with the Guidelines With
respect to mitigation for standard permit applications. EPA will use this MOA in
developing its positions on compliance with the Guidelines for proposed discharges and will
reflect this MOA when commenting on standard permit applications.
'Standard permits are those individual permits which have been processed through
application of the Corps public interest. review procedures (33 CFR 37S) and EPA's
Section 404(b)(1) Guidelines, including public notice and receipt of comments. Standard
permits do not include letters of permission, regional permits, nationwide permits, or
programmatic permits.
11-1-'S9 16:217 �'ZUZ at vloo rrr.�.> 1„ 1 ,1�.. �., •, . ,
EPAL4my HoA cow wvi q dw W wminak i of ACC mdar d,r s-:t—4*4o)a)comma — Part 2
II. POI&V
A. The Council on Environmental Quality (CEO) has defined mitigation in its
regulations at 40 CFR. 1508.20 to include: avoiding impacts, mini*ni 1 9 impacts, rectifying
impacts, reducing impacts over time, and compensating for impacts. The Guidelines
establish environmental criteria which must be met for activities to be permitted under
Section 400 The types of mitigation enumerated by CEQ are compatible with the
requirements of the Guidelines; however, as a practical matter, they can be combined to
form three general types: avoidance, minimization and compensatory mitigation. The
remainder of this MOA will speak in terms of these more general types of mitigation.
�.-_��""�" `.��_ '1'he.Clean `�iater A�t"a�d"thie" delines-set=forth�agoal�of-restoriag�d°���-�°�-A.-°
maintaining e)dsting aquatic resources. The Corps will strive to avoid adverse impacts and
offset unavoidable adverse-impacts to existing aquatic resources, and for wetlands, will
strive to achieve a goal of no overall net loss of values and functions. in focusing the
goal of no overall net loss to wetlands only, EPA and Army have explicitly recognized the
special significance of the nation's wetlands resources. This special recognition of wetlands
resources does not in any manner diminish the value of other waters of the United States,
which are often of high value. All waters of the United States, such as streams, rivers,
lakes, etc.,will be accorded the full measure of protection under the Guidelines, including
the requirements for appropriate and practicable mitigation. The determination of what
level of mitigation constitutes "appropriate" mitigation shall be based on the values and
functions of the aquatic resource that will be impacted. This determination shall not be
based upon characteristics of the proposed project such as need, societal value, or the
nature or investment objectives of the projects sponsor. "practicable" shall be defined as
--��-�vn-234.10(a)(�}of-the--Gwdelines.-However,.the-Ievel:of,mitigazion.determ�ned..ta�..::.�:_.,�-�be appropriate and practicable under Section 230.10(d) may lead to individual permit
decisions which do not fully meet this goal because the mitigation measures necessary to
meet this goal are not feasible, not practicable, or would accomplish only inconsequential
reductions in impacts. Consequently,it is recognized that no net loss of wetlands functions
and values may not be achieved in each and every permit action. However, it remains a
goal of the Section 404 regulatory program to contribute to the national goal of no overall net loss of the nation's_remaining wetlands base. EPA and Army are committed-to
working with others through the Administration's interagency task force and other avenues
to help achieve this national goal
C. In evaluating standard Section 404 permit applications, as a practical matter,
information on all facets of a project, including potential mitigation, is typically gathered
and reviewed at the same time. Notwithstanding this procedural approach, the Corps will,
except as indicated below, first make a determination that potential impacts have been
avoided to the maximum extent practicable; remaining =avoidable impacts will then be
Z(except where Section 404(b)(2) applies).
17AU wy YO,I C.r.�W Dgaft".®os d Aribt s axisr lit Swatior 4040)(I) G&Enct Pats 3
mitigated to the extent appropriate and practicable by requiring steps to minimize impacts
and, only as a last resort, compensate for aquatic resource values. This sequence will be
considered satisfied where the proposed mitigation is in accordance with specific provisions
of a Corps and EPA approved comprehensive plan that ensures compliance with the
compensation requirements of this MOA, as set forth at Section ILB (examples of such
comprehensive plans may include Special Area Management Plans,Advance Identification
areas (Section 230.80), and State Coastal Zone Management Plans). In some
circumstances, it may be appropriate to deviate from the sequence when EPA and the
Corps agree the proposed discharge is necessary to avoid environmental,harm (e.g., to
protect a natural aquatic community from saltwater intrusion, chemical contamination, or
other deleterious physical or chemical impacts), or EPA and the Corps agree that the
-- ro disco can reasonab be- Ji ._,.___- to result-in environmental Thin
P Pad lY gain-
environmental gain must be solely attributable to the project itselt; exclusive of benefits
which may accrue from proposed compensatory mitigation-
In determining"appropriate and practicable"measures to offset unavoidable impacts,
such measures should be appropriate to the scope and degree of those impacts and
practicable in terms of cost, existing technology, and logistics in light of overall project
purposes. The Corps will give full consideration to the views of the resource agencies
when making this determination.
1. Avoidance-3 Section 230.10(a) allows permit issuance for only the least
environmentally damaging practicable alternative 4 The thrust of this section on
alternatives is avoidance of impacts. Section 230.10(a)(1) requires that, to be peimittable,
an alternative must be the least environmentally damaging practicable alternative. In
. .._...addition; Section-230.1-0(a)(3) sets=-forth-rebuttable=presumptions that 1) tee fog ��`
non-water dependent activities that do not involve special aquatic sites are available and
2) alternatives that do not involve special aquatic sites have less adverse impact on the
aquatic environment. Compensatory mitigation may not be used as a method to reduce
environmental impacts in the selection of the least environmentally damaging practicable
alternatives for the purposes of requirements irements under Section 230.10(a).
2. Minimisation. Section-230.10(d)-states--that appropriate-and practicable steps to -
minimize the adverse impacts will be required through project modifications and permit
3Avoidanc a as used in this MOA does not include compensatory mitigation.
41t is important to rxogaixe that there are c irrc=ntances where the impacts of the
project are so significant that even if alternatives are not available, the discharge may not
be permitted regardless of the compensatory mitigation proposed (40 CFR 230.10(c)).
'Special aquatic sites include sanctuaries and refuges, wetlands, mud flats, vegetated
shallows, coral reefs and riffle pool complexes.
Ltj r•J . V10V
FPWO-j MOA C.o.*w W Dden.2dm of Y4.doa iw Lt.S.Wm,.W0 )(I) Cww as w P�v 4
conditions. Subpart H of the Guidelines describes several (but not all) means for
minimizing impacts of an activity.
3. Compensatory Mitigation. Appropriate and practicable compensatory mitigation
will be required for unavoidable adverse impacts which remain after all appropriate and
practicable minimization has been required Compensatory actions (e.g,., restoration of
existing degraded wetlands or creation of man-made wetlands)should be undertaken,when
practicable, in areas adjacent or contiguous to the discharge site (on-site compensatory
mitigation). If on-site compensatory mitigation is not practicable, off-site compensatory
mitigation should be undertaken in the same geographic area (Le., in close -physical
proximity and, to the extent possible, the same watershed). In determining compensatory
�> mitigadonr,.the1=ctlo es-1ost-by ewre sou re e-. tc r-be-impacted=muWbe'c�hsi ed"""�e
In most cases, in-kind compensatory mitigation is preferable to out-of-kind There is
continued uncertainty regarding the success of wetland creation or other habitat
development_ Therefore, in determining the nature and extent of habitat development
this-type,-careful-consideration-should be given to-its likelihood of success_ Because the '
likelihood of success is greater and the impacts to potentially valuable uplands are reduced,
restoration should be the first option considered_
In the situation where the Corps is evaluating a project where a permit issued by
another agency requires compensatory mitigation, the Corps may consider that mitigation
as part of the overall application for purposes of -public notice, but avoidance and
minimization shall still be sought.
Mitigation banking may be an acceptable.form of compensatory mitigation under
specific criteria designed to ensure�a bank. Where a mitigation- --
bank has been approved by EPA and the Corps for purposes-of providing compensatory
mitigation for specific identified projects, use of that mitigation batik for those particular
projects will be considered as meeting the requirements of Section MC3 of this MOA,
regardless of the practicability of other forms of .compensatory mitigation. Additional
guidance on mitigation banking will be provided. Simple purchase or "preservation" of
existing wetlands resources may in only exceptional circumstances be* accepted as -
compensatory mitigation. EPA and Army will develop specific guidance for preservation
in the context of compensatory mitigation at a later date.
ill. Other Procedures
A. Potential applicants for major projects should be encouraged to arrange
preappucation meetings with the Corps and appropriate federal, state or Indian tribal, and
local authorities to determine requirements and documentation required for proposed
permit evaluations. As a result of such meetings, the applicant often revises a proposal
to avoid or minimize adverse impacts after developing an understanding of the Guidelines
EF,w,"ANA CM�&e Daffo .odim Of Y,tV05-M NO&W r.5VC6W 40U(i)a) Gp"A" _pot s
requirements by which a future Section 404 permit decision will be made, in addition to
gaining an understanding of other state or tribal, or local requirements.
g. In achieving the goals the CWA, the Corps will strive to avoid adverse
impacts and offset unavoidable adverse impacts to existing aquatic resources. Measures
which can accomplish this can be identified only through resource assessments tailored to
the site performed by qualified professionals because ecological characteristics of each
aquatic site are unique. Functional values should be assessed by applying aquatic site
assessment techniques generally recognized by experts in the field and/or the best
professional judgment of federal and state agency representatives, provided such
assessments fully consider ecological functions included in the.Guidelines. _ The objective
of mitigation for unavoidable impacts is to'offset environmenW 16sses. Additionally for
wetlands, such mitigation will provide, at a miuivmm, one for one functional replacement
(Le., no net Ioss of values); with an adequate margin of safety to reflect the expected
degree of success associated with the mitigation plan, recognizing ,that this minimum_._.
requirement may not be relevant in,some cases, as discussed in Section ILB of this MOA.
C.-. The Guidelines are established as the environmental standard for Section 404
permit issuance under the CWA. Aspects of a proposed project may be affected through
a determination of requirements needed to comply with the Guidelines to achieve these
CWA environmental goals. Other reviews, such as NIuFA and the Corps public interest
review, cannot be used to nullify any Guidelines requirements or to justify less rigorous
Guidelines evaluations.
D. Monitoring is an important aspect of mitigation, especially in areas of scientific
uncertainty. Monitoring,should be:directed'toe d4eterm3x14� r s"._.-
are complied with and whether the purpose intended to be served by the condition is
actually achieved, Any time it is determined that a permittee is in non-compliance with
mitigation requirements of the permit, the Corps wM take action in accordance with 33
CFR Dart 326. Monitoring should not be required for purposes other than these, although
information for other uses may accrue from the monitoring requirements. For projects to
be permitted involving mitigation with higher levels of scientific uncertainty, such as some
forms of compensatory mitigation, long term monitoring, reporting and potential remedial
action should be required. This can be required of the applicant through permit
conditions.
61n most cases a minimum of 1 to 1 acreage replacement of wetlands will be required
to achieve no net Ioss of values. However, this ratio may be greater where the functional
values of the area being impacted are demonstrably high. Conversely, the ratio may be
less than 1 to 1 for areas where the functional values associated with the area being
impacted are demonstrably low and the likelihood of success associated with the mitigation
proposal is high.
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i
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EPAL4n"MOA C4*cww[QC At DA--i amtfm if AC>xioa,-dr At Scrim 4U(i')(7)Gt"sa
E. Mitigation requirements shall be conditions of standard Section 404 permits.
Army regulations authorize mitigation requirements to be added as special conditions to
an Army permit to satisfy legal requirements (e.g., conditions necessary to satisfy the
Guidelines) [33 CFR 325.4(a)]. This ensures legal enforceability of the mitigation
conditions and enhances the level of compliance. If the mitigation plan necessary to
ensure compliance with the Guidelines is not reasonably implemcntable or enforceable, the
permit shall be denied
F. Nothing in this document is intended to diminish, modify or otherwise affect the
statutory or regulatory authorities of the agencies involved. Furthermore, formal policy
on.or...interprcmdnn of:th.Ltdocnment4ball,.lam-issued.john��
G. 11is MOA shall take effect thirty (30) days after the date of the last signature
below, and will apply to those completed standard permit applications which are received
_-on..or-.after-the.effective date. This MOA may be modified or revoked by agreement of
both parties, or revoked by either party alone upon six (6) months written notice.
Robert W. Page ( ) ` LaJuana S. Wilcher (date)
Assistant Secretary of the Army Assistant Administrator for Water
(Civil Works) U.S. Environmental Protection Agency
• ,y4 _
x
CiTy o F HuNTiNGT®N BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Paul Cook, City Administrator From Connie Brockway, City Clerk
Subject Letter from Juaneno Band of; Date July 18, 1989
Mission Indians to Signal Landmark
Attached is a letter sent to the City. Clerk's office from the
Juaneno Band of Mission Indians regarding their burial site
at the Bolsa Chica.
CB:pm
Attachment
CC: City Council Members
Mike Adams , Director of Community Development
City Attorney
THE JT 'ENO BAND OF MISSION INDIANS
Friday , July 14 , 1989 �` C
Spokesman: David 9elardes Secretary: Fred Estrada
Vice-Spokesman: Daniel Sracamontes Member-At-Large: Sonia Zuker
Treasurer: Adeline 'Williams Member-At-Large: Gloria Carrillo
Mr Jess Holm , Promect Director
Signal Landmark Properties
17890 Skypark Circle
Irvine , California 92714
Dear Mr Holm ,
Co r=,
I believe that you have been informed of my call to our- -��;;
office on June 29th and of my conversation with Ms Darlene Shl e,y :,,�rn
The Juaneno Indian Band wishes to advise you that we very muc Cap
preciate the updating information she gave to me regarding their
chaeo site work in the Bolsa Chica area . In relating this conver
sation to our Spokesman , Mr David Belardes , he asks if you wil E'
please provide us with a written summary of the work and status of
the sites in the Bolsa Chica .
The purpose of my call was to re -open discussions and
negotiations regarding return of burial remains which were un -
earthed on your property in the Bolsa Chica approximately five
years ago . It has been my recollection that when the Juaneno
Indian Band had an office at 3rd and Broadway in Santa Ana , we re-
ceived a letter from your company agreeing and offer. inq to return
the remains of some 6 or 10 or more individuals and your letter
even stated a date when the remains would be returned to us . We
then began preparations for a re- burial but prior to the date your
company had given us , we received a telephone call that our ancestral
remains would instead be utrned over to some institution . My recol -
lection_. is that this was either Cal State Long beach or Santa Ana
College and eventurally they were received by the Pacific Coast
Archaeological Society ( PCAS ) which has an association with Bowerx
Museum in Santa Ana . Shortly thereafter , I attempted to retrieve
these remains from PCAS but was never successful in securing their
cooperation or even a response to our request .
In our conversation of June 29th , Ms Shelley of your office
stated her certainty that the only Juaneno ancestral remains unearthed
on Signal Landmark property was the single burial which was discovered
at the Newland House site in Huntrington Beach . Ms Shelley stated
that custody of those remains was given to the City of Huntingotn Beach
and the Huntington Beach Historical Society since Signal Landmark had
qiven the property to the city . This single burial was eventually re-
ceived and retgined by Ms Connie Cameron of the Cal State Fullerton
Museum . We also made several requests to her for return, of those burial
remains but she steadfastly refused to do so and remain in her possession .
The purpose of this letter is to request your assistance and
cooperation in securing the return of our ancestral remains from both
of these sites , e . g . PCAS and Ms Cameron , CS Fullerton . Ms Shelley did
advise me that it would be helpful if I could locate the original of
this letter which we received in our Santa Ana office but that office
cloased about four years ago and 1 have not been able to locate it .
Etr-J . --olm , Signa' andmark , 7/14/89 -�
However. I am sure that you should have a copy in your own files .
In order to expidite the discussions and negotiations that will be
required , a copy of this letter will be sent to the city of Hunt-
ington Beach , the Huntington Beach Historical Society, PCAS at
Boweres Museum and Ms Cameron at Cal State Fullerton and to the
Native American Heritage Commission in Sacramento .
We hope that you will agree , Mr Holm , that sufficient
time has passed for the return of the remains of our ancestors to
e,z to that we can give them a final , repectful , . dianified and
honorable burial . We understand that you and your company may
not be able to give us immediate or even final aurhority for the
return of these remians but as original owners of the property
where these remains were unearthed and as initiators of the process
by which these remains were lost to us we ask that you at least
make a statement of your agreement and belief in the propriety
of having these remains returned to us without further delay .
Your continuing cooperation and assistance which you have
shown to the Juaneno Indian Band in the past will be greatly appre-
ciated . We ask that a written reply be made to our spokesman ,
David Belardes , .31742 Via Belardes , San Juan Capistrano , Califor-
nia 92675 , PH ( 714 ) 493-4933 . I would appreciate a copy of your
reply also .
FOR THE SPOKESMAN , DAVID BELARDES :
Fred S . Estrada
Juaneno Indian Band
2833 Cedar Ridge Place
Ontario , CA 91761
( 04 ) 947 -6052
(-� 1y)
News
.a120�"
371h 015TRIG�
...,n.......
"F,.,,.
CONTACT: .Julie Froeberg DATE'
6-7-88
(714) 640-1137
PRESS STATEMENT - BOLSA CHICA
I have decided to remove SB 1517 from consideration by the Legislature this
year.
We have accomplished much over the last two years towards making SB 1517 a
better bill. I believe that the public interest of preserving wetlands and protecting
the interests of the City of Huntington Beach are well served by the bill.
When I introduced SB 1517, I said it was my goal to make the City a full partner
in the planning process for this project. For the first time ever in the history of the
project, the City has a seat at the negotiating table. The City has worked hard on the
bill, but they have told me they need more time to reach closure on several key issues
such as the development/annexation agreement and the impacts of the ocean cut on our
beaches.
I am not ready to dissolve that partnership. And that's why I am honoring the
City's request for more time.
Candidly, this has been a tough decision for me because we are so close La
passing the bill. We have received and kept the support of both the lead state agencies
and the county.
I believe that in the meantime, the county, as the lead agency on this project,
may well pursue the project's final certification.
It is because of my commitment to the people of my district that I choose not
to go forward at thi.s' time. Additional time will bring answers to some of the questions
which will provide the public with a greater comfort level. Public awareness and
understanding are critical to the overall. success of the project.
I also wish to thank Signal Landmark for supporting this decision and for their
stated commitment to continue to work with the city, county and state agencies on the
project.
As always, my role will be to continue to facilitate the concerns of the local
planning agencies on the issue. I hope that the coming months will bring the parties
together for a greater understanding and a unified objective on this issue.
11 11 11
I ) (_CA"101 OFFCF SIMI_ I �1'I' I_ ;;;:R t?F fl'11� Cit 95F1-? IF..I LPHONE (916) 4454961
f I ()RAPJGF C:OUPJ?1 lit FIF\NP' fll ( t thtFI) I dliVf CI IIT( ,ran. HFVJP(-)R1 REACH CA t Gt i) IFI.FFlK*P (714)54 1137
l R:1PrRIAI VAII_EY PIRt'0ill Itt`(•U `. I'I C:. il:!I'fi+i/tl C,'•. N7?SI It:IEPIIONE ((--i19)3538,44
i 1 VI SIERN I EPHONE (711)g7G68o8
FJl'R'iIIFA.,IFP•l ',At; [)I-;;(:i:nIIN1IF:;
CITY OF HUNTINGTON BEACH
CITY COUNCIL COMMUNICATION • • • •
HUNTINGTCNr BEACH
PAUL COOK, City Administrator PETER GREEN Y'
TO FROM
NAVIGABLE ENTRANCE TO BOLSA— March 25, 1988
SUBJECT CHICA WETLANDS DATE
I understand that Senator Marian Bergeson is adamantly supporting SB 1517, and have also
heard that Signal will be approaching the Coastal Commission later this year with a
request for final certification of the LCP, albeit with only preliminary Corps analyses. In
the- event that Senate Bill 1517 passes, and that the Coastal Commission approves a
navigable entrance, I would like to have some information about the ci y's rights and
obligations concerning the Bolsa Chica State Beach. Specifically: f
1. Is the beach within the city boundaries? Lr
0-V
2. Does the city have the authority to issue or to withhold permits for any
navigable channel?
3. Are there any ordinances pertaining to this matter?
4. If the possibility of city beach erosion is not completely eliminated, is a
lawsuit to protect city beaches a possibility?
5. Could an initiative on the city ballot, if approved, prohibit a navigable
channel across the state beach?
PG:bb
xc: Citt Council
_ity Clerk
0111c
i
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DQl IS I �t �L0^� `"�►� �1� s
7 _
CITY OF HUnTinGTon BEACH
DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES
:,, , • P. O. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536.5271
TO: . City Council and Planning Commission
FROM: James N. Palin, Acting Planning Director
DATE: May 14, 1979
SUBJECT: 1979 SPECIAL CENSUS RESULTS
. The results of the 1979 Special Census of the City of Huntington Beach
are now available and are being analyzed by the Planning Department
staff. This memo represents an initial review of selected City-wide
population and housing characteristics as well as responses to the ten
special questions asked of the citizens of Huntington Beach.
POPULATION
The City'& populatiod is now 167,412 aw of January 22, 1979, the official
census date.. This figure represents an increase of 44 percent over the
1970 census figure of 115#960 and an increase of 17 percent over the
November, 1973 special census figure of 143,325. These figures translate
to an average annual growth rate of 4.2 percent since 19701 however,
since November 1973 the average annual rate of growth has dropped to
3.1 percent. The City of Huntington Beach remains the third most populated
city in Orange County behind Anaheim and Santa Ana, comprising 9 percent
of the County's total population of 1,852,600. If the 3. 1 percent
annual rate of growth continues, the City can expect to have 172,600
residents by 1980 and, assuming a continuing decline in the growth rate,
approximately 188,000 persons by 1985.
ETHNICITY
The 1979 Special Census presents a more detailed breakdown of racial
characteristics than previous counts. While Huntington Beach continues
to be a primarily white community, the 1179 census indicates significant
i
increases in the City's minority population, as illustrated in Figure 1.
i
CrrY OF HUPIMGTON BEACH
RTMC CHARACr&RIMCS
WH ITE o6.22%
SPANISH SURNAME 2.81%
RIENTAL 1.31%
LACK 02a
0.20%-.
UNKNOWN OZA
4.78%
WHITE 8107%
MEXICAN AMERICAN 3.18%-
OTHER SPANISH 1.23%
JAPiANESE 1.23%
SOUTHEAST ASIAN 0.90%
HINESE_ 0.84%
ILIPINO 0.32%
BLACK 0.88%
ERICAN INDIAN 0.34%
HER - _-_ - -- 1.33% .... -
1 0 RESPONSE 3.37%
13.33%
SMAlt CAUPOW"DVARTMMNT OP NNANN WOW"
Figure 1
r
.�peci.,al Census Result-
Page 2
AGE DISTRIBUTION
The 1979 data reveal that, in terms of age, Huntington Beach is becoming
an older, more stable community. This can be attributed to a decline
in the influx of large families, a general downward trend in household
size, and the aging process. Since 1973, the City-wide median age has
jumped from 26 to 28. The most significant change has occurred in the
population under 18 years of age. In 1970, this group accounted for
40 percent of the total City populations by 1973, it had dropped to 36
percent; but today this age group represents less than 15 percent of the
population of Huntington Beach. In fact, although the City's total
population has increased by 44 percent since 1970, the number of persons
under 18 has actually decreased by about 6 percent. At the County
level, where the median age is also 28, the under 18 group represents
28 percent of the total population. The most significant increase has
taken place bt tho. 20-24 age bracket, which has increased from 6.8 per-
cent in 1970 to 8 percent in 1973 and 10.5 percent in 1979 to represent
the largest age group as a percentage of the total population. The
senior citizen population (65+) has also shown a steady increase since
1970 and now comprises 5.4 percent of the total population of Hunting-
ton Beach,
HOUSING
The 1979 Special Census also contains a wealth of information about the
City's housing stock. A total of. 62,,25L. housing units now exist in
Huntington Beach, up 26.5 percent from 1973 and 73 percent from 1970.
The following table gives a breakdown of housing units by type and other
pertinent information.
Population
Housing $ of 8 per
Units Total Vacant Households Household
Single Detached 32,990 53.0 3.21 31,930 3.42
Single Attached 89 0. 1 1.12 88 2. 34
Duplex 1,580 2.5 7.78 1,457 2.43
Triplex 1,526, 2.5 7.14 1,417 2.38
Fourplex 7,468 12.0 5.18 7,081 2.51
Multiple 5-9 8,052 12.9 8.17 7, 394 2.09
Multiple 10+ 7,259 11.7 5.58 6,854 1.78
Mobile Home 3,210 5.2 4.33 3,071 1.69
Miscellaneous 77 0.1 1.30 76 1.71
62,251 100.0 4.63 59,368 2.81
The vacancy rate is considered slightly high compared to recent estim-
ates for the, rest of the County. The major reasons for vacant units
were "for rent" (34.178) , "for sale" (32.43%) , and "under construction"
(16. 34%) .
Special Census Result;
1=
Page 3
The population per household figure of 2.91 is in line with the current
County estimate and represents a continuing trend toward smaller house-
holds. In 1973, the average population per household in Huntington
Beach was 3.071 in 1970 the figure was 3.4. Group quarters in the City
accounted for a population of 507 persons.
SPECIAL QUESTIONS
The following section presents the responses to the ten special questions
asked of City residents. Analysis of 'these responses is withheld pending
further discussion.
1. (Col. 62) In what area is the principal wage earner's usual place
of employment:
No. Percent
6,645 11.12 NA Unemployed, not in labor force, retired, student
11,365 19.14 0 , Los Angeles County (except Long Beach)
346 .58 1. Riverside or San Bernardino Counties
208 .35 2. ' San Diego County
4,201 7.08 3. Long Beach or Seal Beach
7,851 13.22 4. Buena Park, La Palma, Cypress, Los Alamitos,
Stanton, Westminster, Garden Grove, Anaheim,
Fullerton, La Habra, Brea, Placentia, Yorba Linda,
Orange, Villa Park, Tustin foothills
20,997 5.05 5. Fountain Valley, Santa Ana, Tustin
3,878 6.53 6. Costa Mesa, Newport Beach
2,634 4.44 7. Irvine, Laguna Beach, San Juan Capistrano,
San Clemente, southern incorporated Orange County
5,832 9.82 8. Huntington Beach (east of Goldenwest Street)
3 ,557 5.99 9. Huntington Beach (west of Goldenwest Street)
9, 738 16.40 10. No response
116 .20 11. Not elsewhere counted
2. (Col. 64) If any members of your household have a disability, which
is the most serious handicap.
54 .09 NA Not Applicable
310 .52 0. Blind or visually impaired
248 .42 1. Deaf or hard of hearing
883 1.49 2. Orthopedic disability
113 .19 3. Amputations
249 .42 4. Nervous disability
1,548 2.61 5. Other disability
280 .47 6. One person has multiple disabilities
132 .22 7. More than one person is disabled
45,508 81. 71 S. No one ' is disabled
6,926 11.67 9. No response
117 .20 10. Not elsewhere counted
. pecial Census Result /
Page 4 `�
3. (Col. 66) what plans do you feel the City should pursue in the
Downtown area?
No. Percent
9, 379 15. 80 NA No opinion
31783 6.37 0. A redevelopment plan with emphasis on tourism
3,858 6.50 1. A redevelopment plan with emphasis on commercial
development of regional significance
11,935 20.10 2. A revitalization program with emphasis on restoring
and upgrading existing commercial uses
4, 347 7.32 . ,3. A redevelopment plan with emphasis on residential
development
7, 863 13.24 4. A revitalization plan with emphasis on upgrading
streets, lighting, utilities, etc.
4,568 7.69 5. The City should not pursue a redevelopment or a
revitalization plan
13,482 22. 71 6. No response
153 .25 7. Not elsewhere counted
4. (Col. 68) What most closely reflects your preference in housing?
3,179 5.35 NA No opinion
1601063_ 27.06 0. Single family with 3 or less bedrooms
16,043 27.02 1. Single family with 4 .or more bedrooms
3,282 5.53 2. Single family condominium or townhouse with
2 or less bedrooms
2,550 4. 30 3. Single family condominium or townhouse with
3 or more bedrooms
1,582 2.66 4 . Rental unit (2-10 units per structure)
674 1.14 5. Rental unit (large apartment complex)
276 . 46 6. High rise condominium (more- than 3 stories)
214 . 36 7. High rise apartments
2,075 3.50 8. Mobile home
564 .95 9. Other
12, 796 21. 55 10. No response
70 .12 11. Not elsewhere counted
5. (Col. 70) What land uses would you prefer in the Holsa Chica area?
6 ,458 10.88 NA No opinion
21,965 37.00 0. Preserved for wildlife habitat and linear park
3, 346 5.64 1. Combination of wildlife habitat and residential
development and linear park
4 ,909 8.27 2. Combination wildlife habitat, public marina and
residential development, and linear park
9,180 15.46 3. Public marina, wildlife reserve, and linear park
13, 354 22.49 4. No response
156 .26 5. Not elsewhere counted
Special Census Results( ' . .=
Page 5
6. (Col. 72) What emphasis would you most like to see the City
take on land use decisions?
No. Percent
8,499 14.32 NA NO opinion
3,712 6.25 0. Reduce industrial acreage in favor of residen-
tial development
2,616 4.41 1. Reduce commercial acreage in favor of residential
development
5,480 9.23 2. Reduce industrial and commercial acreage in favor
of residential development
6,167 10.39 3. Increase industrial acreage along existing
industrial corridors
2 ,008 3.38 4. Increase commercial acreage throughout the community
17,074 28.76 S. Maintain existing distribution of land uses
13,678 23.04. 6. No response
134 .24 7. Not elsewhere counted
7. (Col. 74) How many rooms do you have in your living quarters?
(Do not count bathrooms, porches, balconies, foyers,
halls, or half rooms)
92 .15 NA Not Applicable
294 .50 0. More than 10 rooms
332 .56 1. One room `
1,094 1. 84 2. Two rooms l
4,942 8. 32 3. Three rooms
10,532 17.74 4. Four rooms
9;917 16.70 5. Five rooms
10,719 18.06 6. Six zooms
7,312 12 .32 7. Seven rooms
4 ,003 6.74 8. Eight rooms
1,446 2.44 9. Nine rooms
8,568 14 .43 10. No response
117 .20 11. Not elsewhere counted
8. (Col. 76) Do you own or rent? If own, which range best reflects
the monthly payment (include property taxes if no
impound account exists)
22 , 332 37.62 NA Rent
8,313 14.00 0. $ 0 - $249
31210 5.41 1. $250 - $299
2,251 3.79 2. $300 - $349
2,150 3.62 3. $350 - $399
1, 819 3.19 4. $400 - $449
1,683 2.83 5. $450 - $499
1,598 2.69 6. $500 - $549
1,238 2.09 7. 0550 - $599
1,711 2.88 S. $600 - $699 }
2,588 4.36 9. $700 or more
10,295 17 .34 10. No response
108 .18 11. Not elsewhere counted
„ 'ial Census Result
�e 6 ,
9. (Co1. , 78) if rent, which range best reflects the monthly rent?
No. Percent
30, 328 51.08 NA Own
577 .97 0. $ 0 - $124
585 .99 1. $125 - $149
999 1.68 2. $150 - $199
2, 709 4.56 3. $200 - $249
5,640 9.50 4. $250 - $299
3,806 6.41 5. $300 - $349
2,329 3.92 6. $350 - $399
1,687 2.84 7. $400 - $449
1,006 1.69 S. $450 - $549
438 .74 9. $550 or more
9,178 15.464 10. No response
86 .14 11. Not elsewhere counted
10. (Col. 80) what category best describes your household's gross
income for 1978?
184 .31 NA Not Applicable
2-,028 3.42 0. $ 0 - $ 41999
2,059 3.49 1. $ 5,000 - $ 7,999
3, 363 5.66 2. $ 8,000 - $11,999
3,494 5. 89 3. $12,000 - $140999
5,783 9.74 4. $15,000 - $19,999
6,460 10.88 5. $20,000 - $24,999
8 ,285 13.96 6. $25,000 - $34,999
4 ,998 8.42 7. $35,000 - $49,999
1,758 - 2.96 8. $50,000 - $74,999
880 1.48 9. $75,000 or above
20,008 33.70 10. No response
68 .11 11. 'Not elsewhere counted
The last three questions are of special interest in evaluating the City's
housing stock as well as the population's ability to afford housing. The
responses to Question 8 reveal a wide range of mortgage payments throughout
the City. The median mortgage payment for neighborhoods analysed in the
census ranged from a low of $124.00 per month to a high of $700.00+ per
month, with the overall City median being $338.83 per month.
The responses to Question 9 indicate a wide range of rents in Huntington
Beach. The median rant payment for neighborhoods analysed in the census
ranged from a low of $61.50 per month to $550.00+ per month, with the City-
wide median being $293.48 per month.
Question 10 asked respondents to indicate their gross household income from
11 sources for 1978. As with the two previous questions, the responses
veal a wide range of family incomes for neighborhoods in the City. Tp:.e
neighborhood medians ranged from a low of $7,155.25 to a high of $75,000+,
.with the overall Cfty.Ajsftian fas►f3;y :Jnd ►r being $22,487.00 fees" 1978. This
figure is about 13..percent higher than the County-wide median family income
figure of $19,628 for 1978.
° - _
1 �
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My name is David Moeller. I've been surfing regularly at Bolsa Chica for 24
years. Though I'm chairman of the board of the Surfrider Foundation, I'm speaking
as a homeowner, family man and resident of Huntington Beach..
I oppose the Bolsa Chica Harbor because it benefits only the developers,
wealthy boat owners and waterfront homeowners, and the politicians who would
increase their tax base. The losers are the beach-loving public, the wildlife, the
surfers, and the State of California.
As a surfer, I'm opposed to the Bolsa Harbor for two reasons. First, it would
eliminate a minimum of 3000 feet of rideable surf, and I can guarantee that wave
shadowing by the breakwater would eliminate at least 1/4 mile of surf to the north
during the summer south swells. This would include the popular and very
consistent break in front of Lifeguard tower 33. The second reason is that Bolsa
Chica represents the largest area in Orange County that is not regularly black-balled
to hard board surfing during the summer months.
As for the issue of the Harbor District bill, I consider it a slap in the face.
Such a bill circumvents the democratic process, and puts the cart before the horse, so
to speak. How can you possibly consider a harbor district bill before you've studied
how such a harbor would impact the recreational use of the area? This is a
requirement stated in the Bolsa Chica land Use Plan, under policies 23B through 26.
This Harbor District Bill is a way for a developer to shove an unwanted
project down the throats of the beach-loving public. And why should that public
have to defend what they've owned for the last 28 years. Why should they hand it
over to a greedy developer so he can make untold millions more than he'd make
without the harbor?
The developers say that stretch of beach is better used by boating
enthusiasts,and that the public would rather have a beach with no waves. All you
have to do is compare the attendance of Bolsa Chica with that of a similar length of
beach at Long Beach and you'll see people like to go to beaches with waves. Those
in low to middle income brackets don't go to the beach to watch the wealthy cruise
by in their sailboats and yachts.
And any talk of mitigation for recreation is a joke. The only real mitigation in
this case is no harbor entrance at Bolsa Chica. The only fair alternative might entail
something on the order of restoring or creating a similar beach in the immediate
vicinity. How about removing a mile of the Long Beach breakwater to allow the
waves to reach Long Beach again? Or how about building a mile long stretch of
beach in 30 feet of water on the ocean side of the breakwater, with a causeway so we
could drive out there, and a parking lot too. Sounds pretty absurd, doesn't it? Well
it's no more absurd than allowing a developer to steal a mile of surfable beach from
the residents of California!
Thank you
BOLSA CHICA SPECIAL DISTRICT -Federal Repayment
Financial Feasibility, In Thousands
Projected Capital Cost Land
Year (Federal Share) Developer FDRD Contribution Total
I --- $ 3,000 $1,642 --- $4,642
2 --- $ 3,000 $1,642 --- $4,642
3 --- $ 3,000 $1,642 --- $4,642
4 --- $ 3,000 $1,642 --- $4,642
5 $ 17,920 $ 3,000 $1,642 $19,600 $24,242
6 $ 17,920 $ 1,500 $1,642 $19,600 $22,742
7 $ 17,920 $ 1,500 $1,642 $19,600 $22,742
8 $ 17,920 $ 1,500 $1,642 $19,600 $22,742
9 $ 17,920 $ 1,500 $1,642 $19,600 $22,742
10 500 $ 1,500 $1,642 --- $3,142
11 500 750 $4,455 --- $5,205
12 500 750 $4,455 --- $5,205
13 500 750 $4,455 --- $5,205
14 500 750 $4,455 --- $5,205
15 500 750 $4,455 --- $5,205
16 500 750 $4,455 --- $5,205
17 500 750 $4,455 --- $5,205
18. 500 750 $4,455 --- $5,205
19 500 750 $4,455 --- $5,205
20 500 750 $4,455 --- $5,205
21 500 --- $7,257 --- $7,257
22 500 --- $7,257 --- $7,257
23 500 --- $7,257 --- $7,257
24 500 --- $7,257 --- $7,,257
25 500 --- $7,257 --- $7,257
26 500 --- $7,257 --- $7,257
27 500 --- $7,257 --- $7,257
28 500 --- $7,257 --- $7,257
29 500 --- $7,257 --- $7,257
30 500 --- $11,821 --- $7,257
31 500 --- $11,821 --- $11,821
32 500 --- $11,821 --- $11,821
33 500 --- $11,821 --- $11,821
34 500 --- $11,821 --- $11,821
35 500 --- $11,821 --- $11,821
36 500 --- $11,821 --- $11,821
37 500 --- $11,821 --- $11,821
38 500 --- $11,821 --- $11,821
39 500 --- $11,821 --- $11,821
40 500 --- $11,821 --- $11,821
41 500 --- $19,255 --- $19,255
42 500 --- $19,255 --- $19,255
43 500 --- $19,255 --- $19,255
44 500 --- $19,255 --- $19,255
45 500 --- $19,255 --- $19,255
46 500 --- $19,255 --- $19,255
47 500 --- $19,255 --- $19,255
48 500 --- $19,255 --- $19,255
49 500 --- $19,255 --- $19,255
50 500 --- $19,255 --- $19,255
51 500 --- $31,364 --- $31,364
52 500 --- $31,364 --- $31,364
53 500 --- $31,364 --- $31,364
54 500 --- $31,364 --- $31,364
55 500 --- $31,364 --- $31,364
56 500 --- $31,364 --- $31,364
57 500 --- $31,364 --- $31,364
58 500 --- $31,364 --- $31,364
59 500 -- $31,364 --- $31,364
60 500 --- $31,364 --- $31,364
- Total $115,1001 $30,000 $757,940 $98,000 $885,940,�t,'-,
Present Value
at: 9.0% $56,577 $19,069 $47,179 $58,869 $125,117
Revenue/Cost Ratio Calculation
Total Discounted Revenues: $125,117 or 2.21
Divided by Discounted Costs: $ 56,577
*Note: Federal costs for years 10-60 are a maintenance allowance for ocean entrance
Source: U.S. Army Corps of Engineers: State of California Coastal Commission: State of
California Coastal Conservancy: County of Orange: Moffatt 8 Nichol, Engineers, Phillips,
Brandt,Reddick: Williams-Kuebelbeck and Associates.
. .._.v , f
!A"Ury Hbtrix of capital Funding
Bolsa Chica Project. Orange Canty
(in 1987 Dollars)
Pi"CTID k X X 9ECIAt HEN"
ma PTHDiFM PRIM EUMATS CAPiiAL CT15TS k FEIIAIIL Fib X STATE X Cailm DISTRICT ASSES9M
k
X
OWN EhTRMH(E 1. Navigable Ocean Entrance 532.938.000 k $32.93B.000 X X
2. State Beach InProveents $1.500.000 k $750,000 X 5750.000 X
3. Pacific Coast Flighwey Bridge $21,035.000 k $21.035,OOD X X
RVUTAL S k S�b:T�3.b� X i775 i.b�d X
X x X
GAIN CFW#n 4i. Hbin Channel From PCH to $13.809.000 k S4,6D3.00D X 14,603.000 X $4.603,00O
Hbrina Basin i Cross-Gap iavwtor
k X X
4b. ►bin Channel Bulkheadirg $B.198.000 k $2.732.667 X $2.732.667 X $2,732.667
(excluding merine areas) k X x
5. Secondary Wter►eys to $1,414,000 X X X $1.414.000
Private Residences MOTAL .421,000 k W X � X
)K X X
HNi1NGTOH NATl90UR 6. Fintington Harbour Connection $24,213.00D k $12.106.50D X X S12.ID6,50D
Chmmel and Related luproments k X X
HM M MWLEX h. Public !brine Basins A Parting $15.285.000 k X $15.285.000 X
7b. Rblic Berthing Facilities $11.613.000 k X $11.613,000 X
8. Private Berthing Facilities -' k X X
9. On-Shore Support Facilities $3,471,000 k X $3.471.000 X
(Restros.ltal►seys.Dtilities.Pad etc.) k X X
ar
X X X
10. Public Boat launching. Dry Boat $5.481,000 k
X $5,481.000 X
Stomr, Fuel 8 Purp-Out Facilities
x x
11. Harborvaster t Ibrbor Patrol Offices $595,000 k X $5%,000 X
SI>BTfJTAL $36.445. k X $�5. X
FLOOD ODM 12. Wintersbing Flood Control S1D.511.000 k $5.256.50D X X $5.255,500
ther
mal i Related Facllttes
MiRINA PARK 13. !brim Parr 54.610M k X S2.3D5.000 X 52.305.000
WRANDS 14. Wetlands t Emiroentally Sensitive $12,582,000 k
ra $6,291,000 X $6.291.000 X
Habitats Outside linear Part k X X
UNEAR P WAMA IS. linear Part 6 Ehvironomtally $1.872,000 k X X 51.872,0D0
Sensitive Habitats in linear Parr k
ST�EI 16. POH Peroute.BDisa/POH Camiector,BDlsa $18.783.000 k S3.8B8.333 X $2.068.000 X $12.M.667
GarfieldArina Roads i Mame Ave. k X X
k
TUX Pfew SW.910.001i k 589.600,OOD X $55.194.667 X $1.8722.017111 snjffl.333 $17.362=
*Land donation
T,
sue:Hort,cc a ina+oH Tia7+roe.s:wtilawirn t x►.de Iry+na.s:d AsuFi,aM AssaH,tes: Hut F,gdneerS: (notation5added by Amigos)
pr. r.�Assa,...-,,..q n�,wr�t,�c-q.wltrct tes.
Preliminary Table 3
Suriii"Matrix of Mafntcswinccy Reslnnshbility
Bolsa Chica Protect, Orange County
Iin 1987 Dollars)
HkDf11tIQ11✓l72 KiRm no= S 17M
t Pfio1FXTs Foam PIDWITs COSTS rEMAL tfl;t6) PRM-n f+7m '1M DIST04
'!t DMUJXE 1. Navigable Ocean lhtrance $900,000 $450,000 S450,000
2. State beat Improvements — SD
3. Pacific Coast Higtiray Bridge —
SIRMT111, $900,000 $450,000 S450,000
11 C1A^.n 4a. Main Chanhel Fro PCH to $124,000 $62,000 $62,000
Marina Basin i Crms-:ap Connector
4b. Main Channel Bulltheading S151000 $7,500 S7,5O0
(excluding marina areas)
1 S. Secardary Waterways to (Included above in 4a)
Private Residences
SUBIM11L $139,000 S691500 $69,500
:YTDiI"HARBOUR 6. Huntington Harbour Canecticn —
Channel and Related Lprrrvments
tI101 Cornet 7a. Public Manna Basins L Par" $105,000 $105,000
7b. Public Berthing Facilities S9751000 S975,000
B. Private Berthing Facilities —
9. on-shore svuyort Facilities (Included above in 7a1
(Rrstrucas,Walkways,Utilities,Pad etc.)
10. Public Boat Launching, Dry Boat $200,000 $200,000
Storage, Fuel L Pup-Out Facilities
U. Harbormster i Harbor Patrol Offices S763,000
Sl67VTAL $2,043,000 $1�2wow $761,t
Dw C( rPDL 12. Wintersburg Flood Control $72,000 ( $72,000 l
Channel i Related Facilites
'YIM PARR 13. Marina Park $53,000 S26,500 S26,S00
'RANDS 14. Wetlands i Fhviranetitally Sensitive $100,000 $1001000
Habitats outside Linear Park
1,M PARJVFSM 15. Linear Park L Ehviraomeritally $31,000 $31,000
Sensitive Habitats in linear Park
RfTFS 16. PC1 Rercute,Bolsa/PCN C4ntxrr'tor,Bolsa — 4
Carfield,Maruw Roads L Wanner Ave. — ------� ��
In PA JWT CS], 38,000 S450,000 ) $1,830,000 $69,SOD) S892,500) C$%,om� !
? *tree: Moffatt L Nichol Dwrheers; Williamson L Schmid Fhpirwers; Malkoft aid Associates; IWA Dulintrrs: 7h-, 7dylor Group. Table prepared by Williams-Ruebelbeck L Associates.
LET'S COMPARE TAXPAYER COST, HOME BUYER (AND BUSINESSES) , AND SIGNAL, USING
TABLE 2:
i
SPECIAL BENEFIT
TAXPAYER DISTRICT ASSESSMENT DEVELOPER
FEDERAL $ 89,600,000
STATE 55, 194,000
COUNTY 1 ,872,000
TOTAL $146,666,000 $23,881 ,000 $17,362,000 0 (A)
WETLANDS (4,500,000) 4,500,000 -
NET COST $142,166,000 $28,381 ,000 $17,362,000
(A) TABLE ONE SHOWS DEVELOPER PAYING $1 ,414,000 FOR WATERWAYS TO
RESIDENCES AND PARTIAL PAYMENT OF THE MARINA PARK (NO AMOUNT SPECIFIED)
TABLE ONE ALSO SHOWS THE COUNTY PAYING A MUCH HIGHER DOLLAR
AMOUNT FOR IMPROVEMENTS.
NOTE: INFORMATION TAKEN FROM WILLIAMS, KUEBELBECK, S ASSOCIATES REPORT
DATED APRIL 9, 1987.
THE INFORMATION WAS INCLUDED IN A PACKET PREPARED FOR A HUNTINGTON
BEACH CITY COUNCIL MEETING SCHEDULED FOR FRIDAY, APRIL 10, 1987.
111'I�' HARRIETT M . WIEDER
CHAIRMANBOARD SUPERVISORS
�/ SUPERVISOR,SECOND DISTRICT
i
/Iftlll��\\\\ ORANGE COUNTY HALL OF ADMINISTRATION
10 CIVIC. CENTER PLAZA,P.0.BOX 687,SANTA ANA,CALIFORNIA 92702
PHONE: 834-3220 (AREA CODE 714)
STATEMENT BY SUPERVISOR HARRIETT WIEDER
FOR HUNTINGTON BEACH CITY COUNCIL
PUBLIC HEARING ON SB 1517
February 11, 1988
Members of the City Council :
Your support of Senate Bill 1517 by Senator Marian Bergeson is crucial
to the restoration of the Bolsa Chica wetlands and is, in my view, in
the best interests of the citizens of Huntington Beach.
As you know, the County of Orange is the lead agency on the Bolsa
Chica restoration/development project and has worked with Signal Land-
mark to draft a plan which would restore the now-degraded wetlands and
at the same time allow for a reasonable amount of residential , recre-
ational , and commercial development by the landowner.
While the merits of the plan continue to be reviewed and the impacts
of the plan continue to be reviewed - through planning and review pro-
cesses separate from SB 1517 - the enactment of SB 1517 is necessary
in order to facilitate the financing mechanisms essential to the
implementation of the project ultimately approved.
The benefits of SB 1517 for the City of Huntington Beach include
exclusion from financial responsibility for the costs associated with
this project, assurance of wetlands protection, and infrastructure
benefits which will be provided by the developer as part of the project.
The City has played a major role in refining SB 1517. It is now a
stronger measure than it was a year ago. Your continuing support of
this measure insures your role as a player in the continuing refine-
ment of this legislation and guarantees your role as the jurisdictional
agency in the future.
The County of Orange strongly supports SB 1517. I personally urge
your support as well .
CYPRESS•GARDEN GROVE• HUNTINGTON BEACH • LOS ALAMITOS • ROSSMOOR •SEAL BEACH •STANTON -SUNSET BEACH •WESTMINSTER
COURTNEY LANE HOMEOWNERS ASSOCIATION
----------------------------------------------------------------
----------------------------------------------------------------
17220 Courtney Lane
Huntington Beach, CA 92649
( 714 ) 840-3802
February 11, 1988
Huntington Beach City Council --
City of Huntington Beachkri
r'
2000 Main Street ro 4
r��
Huntington Beach, CA 92648 ----
RE: Special Meeting on the Development of the Bolsa Chica
February 11, 1988 7 : 00 P.M.
Dear City Council Members:
I am writing this letter as the designated representative of 17
homeowners on COURTNEY Lane in Huntington Harbour, Huntington
Beach, whose properties back up to Warner Avenue or is
immediately adjacent to it.
Our major concern with the Bolsa Chica Development is increased
' traffic and noise on Warner Avenue. Since Warner Avenue will be
the major access to the project and the plan is to widen Warner,
it seems inevitable that there will be more cars and more noise.
A recent independent noise survey conducted by Signal Landmark
shows noise CNEL levels on Warner between Algonquin and Edgewater
to be 72 DB' s. The county maximum acceptable noise level is 65
DB' s for residential developments. Therefore, we have a real
noise problem now, before the development of the Bolsa Chica.
Also, as homeowners we face a $30 , 000 reduction in the price of
our homes due to Warner Avenue. This has been verified by
several real estate firms in the area and by the recent sales on
our street.
Carl Neuhausen, of Signal Landmark has expressed his sensitivity
and concern for our problem and assured us Signal Landmark would
take responsibility for any increased noise levels we would
suffer as a result of the development of the Bolsa Chica. We
appreciate his commitment, however, the residents are cautious
about accepting promises from developers .
We therefore, present our case before the Huntington Beach City
Council and urge your support. Whatever the decision on the
Bolsa Chica development, we urge you to keep in mind our property
values, our property rights, and the ability to enjoy our
property as importantly as we do. We are relying on you for your
1
r
support in this matter.
sincerely,
Michael Cavallo
Enclosures
RESIDENTS FOR WARNER SOUND BARRIER
Residents present at 12-9-87 meeting.
John E. De Agro Chuck and Jeri Bennett
17150 Courtney Lane 17164 Courtney Lane
840-0665 846-8387
Harold and Dorie Lynn Bill and Carol Wood
17122 Courtney Lane 17226 Courtney Lane
840-6248 846-1169
Anita Scrofani Pam and Jack Cronn
17206 Courtney Lane 17232 Courtney Lane
846-8404 846-1088
i
Mike Cavallo Rochelle Morrison
17220 Courtney Lane 17142 Courtney Lane
840-3802 840-3229
Donna Klein Barbara Zakanyk
17186 Courtney Lane 17192 Courtney Lane
840-1092 846-0415
Maureen Mitchell Sharon and Tony Ivicevic
17042 Courtney Lane
846-5663 846-0428
Bob Hansen Lucy Sosnowske
17158 Courtney Lane 17200 Courntey Lane
840-2187 840-2965
Al and Toby Shaffran Dr. Joseph Scheitzach
17214 Courtney Lane 17220 Courtney Lane
846-6661 846-1649
Frank and Donna George
17178 Courtney Lane
( 213 ) 592-2744
1
01
SELECT COMMITTEES. +'6^` ✓ `'`�TiV��+., �f`, \ STANDIt�LG COMMITTEES.
CHAIRMAN. '3\s�'' CHAIRMAN.C
PLANNING FOR tr _ 9� LOCAL GOVERNMENT
CALIFORNIA S GROWTH i�..-.. VICE CHAIRMAN.
INFANT&CHILD CARE 7 BUDGET&FISCAL REVIEW
AND DEVELOPMENT �' `%t 'J AGRICULTURE&WATER
BORDER ISSUES.DRUG j RESOURCES
TRAFFICKING&CONTRABAND C,LI �P� EDUCATION
STATE TASK FORCE ON fCF TRANSPORTATION
CALIFORN IA-MEXICO RELATIONS
SUBCOMMITTEES
CHAIRMAN.
California 6tacte *cna�te REDEVELOPMENT DI
ANTIQUATED SUBDIVISIONS
CHAIRMAN.
WATER MARKETING
MARIAN BERGESON AGRICULTURAL DRAINAGE
SENATOR PRACTICES
THIRTY-SEVENTH DISTRICT
CHAIRMAN
LOCAL GOVERNMENT COMMITTEE
February 11, 1988
Members of the City Council:
As you know, legislative responsibilities preclude my attendance
at tonight's public hearing.
However, I do wish to very strongly express my hope that the City
will continue to work with us as we continue our work on Senate
Bill 1517.
As you know, SB 1517 is needed in order to facilitate the financing
mechanisms essential to the implementation of the Bolsa Chica
restoration/development project ultimately approved by the Coastal
Commission.
While it was never intended as a land.use planning measure, safe-
guards for the wetlands -- consistent with the land use plan -- are
included in it. Other issues of importance to the public and to
you as City officials will also be included, such as sand replen-
ishment.
We share common goals with reference to wetlands restoration and
sand replenishment. Your stated support for Senate Bill 1517 has
enhanced your role of participation in the legislative process and
has helped SB 1517 to develop. You will recall that:
-- We have addressed your original concerns that the district
would be a "city within a city"
-- We have modified the composition of the district board to
include two public members with veto authority over financial
decisions of the district
-- We have earmarked $1800 per mesa development home for wetlands
protection, and
CAPITOL OICE STATE CAPITOL.SACRAMENTO.CA 95614 TELEPHONE (916)--5-4got
CRANGE CCUNTY 140 NEkVPORT CENTER DRIVE SUITE 120.NEWPORT BEACH.CA 92660 _EPHOcJE (714)640.1137
—, ER 1 110i%'OR:ORT ROAD.SUITE C.IMPERIAL.CA 9225i T"._'HONE (619)353-P_-44
adAn..14L V-_LE'i
TELE, Or 471-:)676 6606
'J�:7 HE:• TE^N SAN DIE=COUNTIES
r
-- We have pressed Signal Development to guarantee $12 million --
up' front -- for wetlands restoration.
We have also included a provision in SB 1517 giving the City complete
veto power over the implementation of this legislation, in connection
with an annexation/development agreement.
In short, we have worked together to forge a bill which will enable the
facilitation of a project approved by those agencies with approval
authority, while protecting the interests of the public at large and
the City itself.
As we endeavor to protect the public's interest to the best of our
ability, we should not overlook the public benefits of the project or
the special district established through the legislation. In particular,
potentially 1200 of the 1600 project acres will be available for public
recreational and environmental purposes. Other public benefits are
outlined in Signal's presentation tonight.
I am aware of your disappointment that amendments to SB 1517 are not
yet available. Specific bill language remains to be negotiated on
several key issues. For each amendment proposed by the City or by
any other of the several major interests in this legislation, each
of those other entities has additional input. The task is ours to
reconcile the views of the many agencies interested and involved in
this process.
Towards that end, we are pleased to have received the City's amendments
to SB 1517, and I look forward to your continuing input as a result
of this public hearing and the ongoing work of your staff and special
consultants.
Cordially,
MARIAN BERGESON
Senator, 37th District
MB:jfm
HUNTINGTON BEACH CHAMBER of COMMERCE
SEACLIFF VILLAGE, 2213 MAIN, # 32 HUNTINGTON BEACH, CA 92648
TELEPHONE (714) 536-8888
F,s 11 2 33 PN"OO
February 10 , 1988 , � Calt9nW �E
Mr . John Erskine , Mayor
Members of City Council
City of Huntington Beach
2000 Main Street
Huntington Beach , CA 92648
Dear Mayor Erskine :
The Chamber of Commerce is pleased to have the opportunity to
participate in the Public Hearing on February 11 on SB 1517
(Bergeson ) dealing with the Bolsa Bay and Harbor Conservation
District , a very important community issue .
The Chamber , for many years , has been in support of the development
of the Bolsa Chica . In 1985 , the Chamber endorsed the County
plan which represents a balanced multiple use approach providing
reasonable residential, commercial, visitor-serving, and recreational
development as well as the enhancement and protection of the
valuable wetland resources found in the Bolsa Chica.
At our January Board meeting , Directors once again reconfirmed
their support of the project and urged the agencies involved
to resolve their remaining technical differences so that the
project can move forward .
In reviewing the latest staff report , we are pleased to see
Council has offered amendments to the bill , that if accepted ,
could resolve the city' s remaining six major areas of concern .
Our Board compliments the City Council on their assertive action
in the drafting of this legislation . Council participation
has assisted in protecting the public ' s interest in addition
to providing the mechanism for the Bolsa Chica to become part
of our city through future annexation .
We also compliment Senator Bergeson in her role as facilitator ,
bringing all parties together so that differences could be resolved
and make it possible for the project to move ahead .
We look forward to future years when we can all be proud of
this project and look to it as an asset to our community .
Sincerely,
Klaus Goedecke
President-Elect
KG:kb h.,
av
SELECT COMMITTEES / y� /!`' *'�io u`.. rryf°. STANDIf LG COMMITTEES,
CHAIRMAN. a /w4 t 'I�Sa'. CHAIRMAN.
PLANNING FOR 4' _ �� LOCAL GOVERNMENT
CALIFORNIA'S GROWTHre
ia",/c VICE CHAIRMAN.
INFANT&CHILD CARE � I LVO� .c, (�I BUDGET&FISCAL REVIEW
AND DEVELOPMENTir ,.+• °
AGRICULTURE&WATER
BORDER ISSUES.DRUG eoVA)C ,4.
�, / RESOURCES
TRAFFICKING&CONTRABAND C,y LIFeP•P� EDUCATION
STATE TASK FOPCE ON TRANSPORTATION
CALIFORNIA"ME71CO RELATIONS
SUBCOMMITTEES
CHAIRMAN.
�1Cariforui ANTIQUATED SUBDIVISIONS
6tate 6enate REDEVELU VISIONS
CHAIRMAN.
WATER MARKETING
MARIAN BERGESON AGRICULTURAL DRAINAGE
SENATOR PRACTICES
THIRTY-SEVENTH DISTRICT
CHAIRMAN
LOCAL GOVERNMENT COMMITTEE
February 11, 1988
Members of the City Council:
As you know, legislative responsibilities preclude my attendance
at tonight's public hearing.
However, I do wish to very strongly express my hope that the City
will continue to work with us as we continue our work on Senate
Bill 1517.
As you know, SB 1517 is needed in order to facilitate the financing
mechanisms essential to the implementation of the Bolsa Chica
restoration/development project ultimately approved by the Coastal
Commission.
While it was never intended as a land.use planning measure, safe-
guards for the wetlands -- consistent with the land use plan -- are
included in it. Other issues of importance to the public and to
you as City officials will also be included, such as sand replen-
ishment.
We share common goals with reference to wetlands restoration and
sand replenishment. Your stated support for Senate Bill 1517 has
enhanced your role of participation in the legislative process and
has helped SB 1517 to develop. You will recall that:
-- We have addressed your original concerns that the district
would be a "city within a city"
-- We have modified the composition of the district board to
include two public members with veto authority over financial
decisions of the district
-- We have earmarked $1800 per mesa development home for wetlands
protection, and
CAPITOL OFF CE STATE CAFITOL SACRAME JTC.C.. 95814 TE_E�HONE '916'--5 4961
ORANGE COu>a 140 NEWPORT CENTER DRIVE.SUITE 120, CA 92660 __=?HCa::E '71-s 640-11 7
.- '11 P'ERIAL AALL'EY 1101 AIRPORT ROAD,SUITE C.i'sPE^t-L CA C_Z TE�EPHO',E 5191 3�3.32-4
%VESTERN�(VERSIDE TE_r_-":L. _ 7:4.E76-6603
;'F,'N SAN h1=.;0%'JUN 7!FS
-2-
-- We have pressed Signal Development to guarantee $12 million --
up front -- for wetlands restoration.
We have also included a provision in SB 1517 giving the City complete
veto power over the implementation of this legislation, in connection
with an annexation/development agreement.
In short, we have worked together to forge a bill which will enable the
facilitation of a project approved by those agencies with approval
authority, while protecting the interests of the public at large and
the City itself.
As we endeavor to protect the public's interest to the best of our
ability, we should not overlook the public benefits of the project or
the special district established through the legislation. In particular,
potentially 1200 of the 1600 project acres will be available for public
recreational and environmental purposes. Other public benefits are
outlined in Signal's presentation tonight.
I am aware of your disappointment that amendments to SB 1517 are not
yet available. Specific bill language remains to be negotiated on
several key issues. For each amendment proposed by the City or by
any other of the several major interests in this legislation, each
of those other entities has additional input. The task is ours to
reconcile the views of the many agencies interested and involved in
this process.
Towards that end, we are pleased to have received the City's amendments
to SB 1517, and I look forward to your continuing input as a result
of this public hearing and the ongoing work of your staff and special
consultants.
Co
r
d
ially,
MARIAN BERGESON
Senator, 37th District
MB:j f m
03 Huntington Beach
Fountain Valley
Board of REALTORS' Inc.
R E A LTO Rn 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
February 11, 1988
The Honorable John Erskine, Mayor
and Members of the City Council
2000 Main St.
Huntington Beach, CA 92648
Honorable Councilmembers:
RE: SB 1517 (Bergeson)
As president of the Huntington Beach/Fountain Valley Board of REALTORS@, I am here this
evening to tell you that our Board of Directors, at their meeting on February 9, 1988,voted
unanimously to reaffirm our support of the concept for development of the Bolsa Chica as
presented in the County Plan, and to support Senate Bill 1517, authored by Senator Marian
Bergeson, subject to resolution in the final draft of the bill of the concerns outlined by the City as
of January 19, 1988, as well as the retention of Article 6, Section 774, which prohibits the
imposition of a real estate transfer tax.
We share all of the City's concerns with regard to the impact of the proposed development as
outlined by staff in the February 11, 1988 R.C.A., however, our primary concerns are related to
the preservation of our beach, as well as to the fiscal soundness of the district and protection of
both current residents of Huntington Beach and future residents of the Bolsa Chica project against
overtaxation, with adequate controls on taxes, assessments and spending.
We commend Senator Bergeson's efforts to assure that this bill comes to fruition to protect the
rights of the current residents of our City, not to mention those of the future residents of the Bolsa
Chica project. Without this legislation,the development and all of the attendant social and
economic impacts could occur without our elected officials having control over it...and without the
protections to assure a sound fiscal project which will not overburden local taxpayers.
Like everyone else, we are looking for assurances that our rights and those of Huntington Beach
homeowners... and future Bolsa Chica homeowners are protected. But we believe those
protections are built in. We also believe that the beach erosion and fiscal issues will be thoroughly
analyzed and considered as this project proceeds through the certification of our Local Coastal Plan
which includes public hearings before the grange County Planning Commission, Orange County
Board of Supervisors and California Coastal Commission, as well as through the annexation
process for our City.
The bottom line is that while we still have questions about some issues, we believe this bill is a
first step toward resolving those issues, and we believe it is essential for our own protection.
OFFICERS
JAN SHOMAKER, President•PHYLLIS RHYAN, First Vice President
TOM VAN TUYL,Second Vice President•RALPH CARRUTHERS,Secretary/Treasurer
DIRECTORS
LILA NOWELL•JAMES RIGHEIMER•JAMES E. MORRISSEY•ART LUBOW•MARY LU HUGHES
WILL WOODS, Executive Vice President•JUDITH SEVERY,Vice President/Public Affairs
RE: SB 1517 (Bergeson)
February 11, 1988
Page 2
We will continue to study the financial implications of the proposed Bolsa Bay Harbor and
Conservation District, particularly as they relate to current and future homeowners, and will be
pleased to share the results of our studies with you as they become available.
Again, we urge you to move forward to support this bill as long as these concerns are addressed in
the final legislation. We will also convey our support of the City's concerns to Senator Bergeson
and the appropriate cosponsors.
We would also like to congratulate Senator Bergeson for her outstanding efforts to insure that our
concerns and those of all segments of the community were considered in this bill. We look
forward to continued interaction with her office as this bill proceeds through the Legislature.
Since ly, -
i � ' l
Jan Shomaker
`'Board President
JS/JAS/km
grange bounty
Fund
Y a
Defense
P.O. fox 9118. Fountain Valley, CA. 92708
, y
February 11, 1988
Councilmembers, Huntington Beach City Council :
My name is Charlotte Clarke, I live in Fountain Valley. I am a
member of the Management Committee of one of the two Orange
County sections of the Sierra Club, a published botanist and
instructor in life Sciences at Fullerton College as well as a
life-long resident of Orange County. I am here to tonight as
President of the Orange County Fund for Environmental Defense, a
coalition of environmental groups throughout the county with an
interest in open space issues .
we would like to emphasize that a broad c:ros,sectiori of people as
well as wildlife comes to Bolsa Chica to enjoy the sure, surf and
sand . we do not believe that this prime coastal habitat and
beach recreation should be sacrificed to special interests . The
Signal Landmark Co . would have you believe that the completion of
this project is endorsed by every politician in Orange County.
Yet, if this council does not support SB 1517, Marian Bergeson,
the bills author, will not support it .
The public has not lost a California beach to development since
passage of the National Environmental Policy Act of 1969 . The
coastal resources utilized by the surfers, beachgoers, bike path
users, nature lovers , marine mammals and wildlife have been
recognized time and again for their sensitivity, richness and
importance . Why should this project be the exception? The five
hundred members of the Orange County Fund for Environmental
Defense urge you to withdraw any support of this bill and to
consider letting us work with conservancy interests to buy
this property for the greater good of all concerned .
Thank you.
Charlotte Clarke
President
i
i
Phone: 714 963- 1-430
REQUES f FOR CITY COUNCIL ACTION
Date February 11, 1988
Submitted to: HONORABLE MAYOR AND CITY COUNCIL
Submitted by: PAUL COOK, City Administrator P-c"
Prepared by: JAMES W. PALIN, Deputy City Administrato
RICH BARNARD, Asst. to City Administrat
Subject:
wr ,
THE BOLSA BAY HARBOR AND CONSERVATION DISTRICT
SB 1517
Consistent with Council Policy? kj Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Senate Bill 1517 is scheduled to be heard in the Assembly Natural Resources Committee
on February 29, 1988. There have been a number of amendments which have been
reviewed by Council with a recommendation forwarded to Senator Bergeson that they be
included in the bill. It is appropriate for the City Council to take a position on the bill so
that the City's official position can be communicated to Senator Bergeson and the
Assembly Natural Resources Committee.
RECOMMENDATION:
City Council support SB 1517 with amendments as recommended by the City Council as of
January 19, 1988, so long as the bill is not substantially changed. Authorize the Mayor's
Committee and staff to communicate to Senator Bergeson and the assembly committee
that the City will withdraw its support and oppose the bill if any of the key provisions are
deleted or substantially changed. These key provisions address the City's major concerns
which are:
1. Jurisdictions.
That the jurisdiction of the City and other government agencies not be preempted.
Section 4, 115, 141 and 150.5
2. Operative.
That the Act not become operative unless the local coastal program has been
certified and an annexation-development agreement entered into between the City,
County and land owner-developer. Sections 148 and 149
3. Beach Erosion.
That any potential impacts on the beaches be fully mitigated. Sections 509 and
700(c) and (f).
,zfrM C .
PI O 5/85
RCA - SB 1517
Page 2
4. Wetlands Protection, Restoration and Funding.
That the Act strengthen, not weaken the wetlands protections in the Local Coastal
Land Use Plan Section 409, 410, 411, 412, 700(b)(c), 703 and 710.
5. Fiscal Soundness of the District.
That the district be able to accomplish its tasks within its budget and not become a
financial burden on other government agencies.
6. Government Powers: Controls on Taxes, Assessments, Spending.
That future residents not be over-taxed and that there be supervision of
expenditures of bond funds.
Section 304.5 requiring a 4/5 vote for certain expenditures; Section 210 requiring
representatives of the City and the County on the harbor commission; Section 754
and 799(a)(2) limiting assessments, fees, taxes to 1% of the value of the property;
and Section 140(g), 304.5, 754 and Section 792 limits on Mello-Roos Powers.
ANALYSIS•
01
Senate Bill 1517 as originally drafted last year raised a number of City concerns because
it created a landowner controlled special district governing a unincorporated county island
within the City's sphere of influence and entirely surrounded by the City of Huntington
Beach. Since then City has recommended a number of amendments which would address
all of the City's major concerns if Senator Bergeson includes them into the bill.
Historically, the City has been interested in development plans for the area because of
potential impacts on the City and because it has been assumed that the area would be
annexed to the City.
The major City concerns raised by the bill as originally drafted and the sections which
address these concerns are as follows:
1. Preemption:
The bill appeared to preempt the City's jurisdiction over incorporated areas within
the County's Local Coastal Land Use Planning area, but over which the City had a
certified local coastal program and coastal development permit authority.
This concern is addressed in Sections 4, 115, 115.5, 141 and 150.5.
2. Prematurity.
The Local coastal Program was not certified. Plans and feasibility studies were
incomplete. These concerns were addressed with section 148 which provides that
the bill will not become operative unless the County L.C.P. is certified, and section
149 which provides for an annexation-development agreement before the bill
becomes operative.
RCA - SB 1517
Page 3
3. Beach Erosion.
The City was concerned that if a ocean entrance is authorized and constructed, it
may adversely impact beaches within the City which are used by over 10 million
people a year. Section 509 addresses responsibility for any beach erosion resulting
from an ocean entrance. Section 700(c), 700(f) and 799(a)(3)(viii) addresses funding
beach erosion controls.
4. Wetland Protection, Restoration and Funding.
The City has attempted to strengthen the bill's provisions regarding wetlands.
These sections include 409, '410, 411, 412, 700(b), 700(c), 703, 710 and 799(a)(3)(v).
5. Fiscal Soundness of the District.
The City has been concerned that this multi-million dollar project be financially
feasible and not become a burden on the City or the future taxpayers. The City is
considering hiring a consultant to review the financial plans of the district. The
City Council may wish to suggest to Senator Bergeson that the bill be amended to
provide for review and certification of the district's financial plan by an appropriate
public agency such as the California Debt Advisory Commission.
6. Delegation of Government Powers: Control on Taxes, Assessments, Spending.
This overriding concern which has constitutional implications has been addressed by
a number of sections. Sections 210, 304.5 and 754
In addition to the foregoing major concerns which have for the most part been
addressed in the bill, there have been a number of amendments addressing City
technical concerns.
Signal Landmark's Special Counsel, Russ Behrens, has provided the City with a copy of a
communication sent to Senator Bergeson on Signal's analysis of the proposed amendments
reviewed by the City Council for inclusion into SB 1517 and Signal's proposed changes to
certain amendments. Signal's changes to Sections 119.7, 409,,41 1, 509, and 703 are
inconsistent with the City Council's position on these subjects.
City staff has been informed by Kevin Sloat of Senator Bergeson's office that a revised
bill will not be printed for the February 11, 1988 meeting, however, he has indicated that
the amended language that Senator Bergeson is considering placing into SB 1517 will be
provided to the City prior to the public hearing. Therefore, staff will be prepared to
discuss with the City Council the differences between the amendments being considered
for inclusion into SB 1517 by Senator Bergeson and those which have been reviewed by the
City Council.
CONCLUSION•
In conclusion, staff would like to encourage City Council to continue to support the bill
subject to the major amendments covering City concern for protection of the public
interest so long as those provisions remain in the bill as it proceeds through the legislature
for approval action.
RCA - SB.1517
Page 4
ALTERNATIVE ACTION:
1. After review of the recommended amendments being proposed for inclusion into SB
1517, oppose with stated reasons.
2. Indicate to Senator Bergeson's office of how the bill could be revised to secure City
support.
FUNDING SOURCE:
None
JWP:Ip
2488r
SELECT COMMITTEES - ,!�'E+ad ntq rHf`, �\ STANDIV,COMMITTEES,
CHAIRMAN. J� + "`ya. CHAIRMAN.
PLANNING FOR Q• _ ��t LOCAL GOVERNMENT
CALIFORNIA'S GROWTH � � i ,�I VICE CHAIRMAN.
INFANT&CHILD CARE 42 'wl p BUDGET&FISCAL REVIEW
AND DEVELOPMENT '•• '� AGRICULTURE&WATER
BORDER ISSUES.DRUG ?' f RESOURCES
TRAFFICKING&CONTRABAND Cy,(FC ;P.� EDUCATION
STATE TASK FORCE ON TRANSPORTATION
CALIFORNIA MEXICO RELATIONS SUBCOMMITTEES
CHAIRMAN.
California. 6ta.te 6enate REDEVELOPMENTDI
AN TIOUATED SUBDIVISIONS
CHAIRMAN,
WATER MARKETING
MARIAN BERGESON AGRICULTURAL DRAINAGE
SENATOR PRACTICES
THIRTY-SEVENTH DISTRICT
CHAIRMAN
LOCAL GOVERNMENT COMMITTEE
February 11, 1988
Members of the City Council:
As you know, legislative responsibilities preclude my attendance
at tonight's public hearing.
However, I do wish to very strongly express my hope that the City
will continue to work with us as we continue our work on Senate
Bill 1517.
As you know, SB 1517 is needed in order to facilitate the financing
mechanisms essential to the implementation of the Bolsa Chica
restoration/development project ultimately approved by the Coastal
Commission.
While it was never intended as a land.use planning measure, safe-
guards for the wetlands -- consistent with the land use plan -- are
included in it. Other issues of importance to the public and to
you as City officials will also be included, such as sand replen-
ishment.
We share common goals with reference to wetlands restoration and
sand replenishment. Your stated support for Senate Bill 1517 has
enhanced your role of participation in the legislative process and
has helped SB 1517 to develop. You will recall that:
-- We have addressed your original concerns that the district
would be a "city within a city"
-- We have modified the composition of the district board to
include two public members with veto authority over financial
decisions of the district
-- We have earmarked $1800 per mesa development home for wetlands
protection, and
CAPITOL Gam=CE STATE CAPITOL SACRAMENTO CA 95814 TELEPHONE(916)445 4961
ORANGE COUNTY 140 NE`.VPGRT CENTER D=.!%'E.SUITE 120E NEST PORT BEACH. CA 92660 TELEPHONE.(714)640 1!?7
=�IMFERIF•L V-LLEY 110;AIRPORT ROAD SUITE C.!%IPERIAL.CA 9225: TELEPHO?:E (6191 353 924
,ESTERN RIVERSIDE; T ELEPH ON*E (7141 6,.6 680a
VORTHEASTERN SAN DIEGO COUNTIES
-2-
-- We have pressed Signal Development to guarantee $12 million --
up front -- for wetlands restoration.
We have also included a provision in SB 1517 giving the City complete
veto power over the implementation of this legislation, in connection
with an annexation/development agreement.
In short, we have worked together to forge a bill which will enable the
facilitation of a project approved by those agencies with approval
authority, while protecting the interests of the public at large and
the City itself.
As we endeavor to protect the public's interest to the best of our
ability, we should not overlook the public benefits of the project or
the special district established through the legislation. In particular,
potentially 1200 of the 1600 project acres will be available for public
recreational and environmental purposes. Other public benefits are
outlined in Signal's presentation tonight.
I am aware of your disappointment that amendments to SB 1517 are not
yet available. Specific bill language remains to be negotiated on
several key issues. For each amendment proposed by the City or by
any other of the several major interests in this legislation, each
of those other entities has additional input. The task is ours to
reconcile the views of the many agencies interested and involved in
this process.
Towards that end, we are pleased to have received the City's amendments
to SB 1517, and I look forward to your continuing input as a result
of this public hearing and the ongoing work of your staff and special
consultants.
Cordially,
MARIAN BERGESON
Senator, 37th District
MB:jfm
03 Huntington Beach
Fountain Valley
Board of REALTORS' Inc.
R E A LTO R' 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
February 11, 1988
The Honorable John Erskine, Mayor
and Members of the City Council
2000 Main St.
Huntington Beach, CA 92648
Honorable Councilmembers:
RE: SB 1517 (Bergeson)
As president of the Huntington Beach/Fountain Valley Board of REALTORS@, I am here this
evening to tell you that our Board of Directors, at their meeting on February 9, 1988,voted
unanimously to reaffirm our support of the concept for development of the Bolsa Chica as
presented in the County Plan, and to support Senate Bill 1517, authored by Senator Marian
Bergeson, subject to resolution in the final draft of the bill of the concerns outlined by the City as
of January 19, 1988, as well as the retention of Article 6, Section 774, which prohibits the
imposition of a real estate transfer tax.
We share all of the City's concerns with regard to the impact of the proposed development as
outlined by staff in the February 11, 1988 R.C.A., however,our primary concerns are related to
the preservation of our beach, as well as to the fiscal soundness of the district and protection of
both current residents of Huntington Beach and future residents of the Bolsa Chica project against
overtaxation, with adequate controls on taxes, assessments and spending.
We commend Senator Bergeson's efforts to assure that this bill comes to fruition to protect the
rights of the current residents of our City, not to mention those of the future residents of the Bolsa
Chica project. Without this legislation,the development and all of the attendant social and
economic impacts could occur without our elected officials having control over it...and without the
protections to assure a sound fiscal project which will not overburden local taxpayers.
Like everyone else, we are looking for assurances that our rights and those of Huntington Beach
homeowners... and future Bolsa Chica homeowners are protected. But we believe those
protections are built in. We also believe that the beach erosion and fiscal issues will be thoroughly
analyzed and considered as this project proceeds through the certification of our Local Coastal Plan
which includes public hearings before the Orange County Planning Commission, Orange County
Board of Supervisors and California Coastal Commission, as well as through the annexation
process for our City.
The bottom line is that while we still have questions about some issues, we believe this bill is a
first step toward resolving those issues, and we believe it is essential for our own protection.
OFFICERS
JAN SHOMAKER, President•PHYLLIS RHYAN, First Vice President
TOM VAN TUYL,Second Vice President•RALPH CARRUTHERS,Secretary/Treasurer
DIRECTORS
LILA NOWELL•JAMES RIGHEIMER•JAMES E. MORRISSEY•ART LUBOW•MARY LU HUGHES
WILL WOODS, Executive Vice President•JUDITH SEVERY,Vice President/Public Affairs
RE: SB 1517 (Bergeson)
February 11, 1988
Page 2
We will continue to study the financial implications of the proposed Bolsa Bay Harbor and
Conservation District, particularly as they relate to current and future homeowners, and will be
pleased to share the results of our studies with you as they become available.
Again, we urge you to move forward to support this bill as long as these concerns are addressed in
the final legislation. We will also convey our support of the City's concerns to Senator Bergeson
and the appropriate cosponsors.
We would also like to congratulate Senator Bergeson for her outstanding efforts to insure that our
concerns and those of all segments of the community were considered in this bill. We look
forward to continued interaction with her office as this bill proceeds through the Legislature.
Since ly,
4J n Shomaker
oard President
JS/JAS/km
i
SB 1517 AMENDMENTS
CITY COUNCIL MEETING
December 7, 1987
2 . 5 Sec. 50 . .(b 11TM6/fOXX60Z rig/XXyieTg/ d
f f¢Sdi/fMr�/Buff f off///////.l
�r��'//3K/tti,��/rdf/fM�/¢It�ff�Cr�f/f�fftfr6f�'/a'�
�dX
(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 tff/XAridM
z6tfM/fM�/dfMfft�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 OZYMfri 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-
r -
City Council Mtg .
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 fof/f�rtt/ �z4fH/ff�5di/fH
QTXtO/r6P/HmOlfrdtMAYzdri/6f/tHH/eItHHYi'�H /grid/fzr6�(/Z�d� / d
f�Cui�/fH f z4ff�Y /l��if/rfa5f/X��H/fH24ri/XZPJ/s�z4 H/H�fOtOIA
��rf�fHX/dfHffts�f/�X� fY�Sri /fHr /u`r6tti�xit�fgY�Sri/ iz41f;/Hy
Y`s��¢SX�(faCr�rl,�/tri��`r�,�H�/fHr�/rf�t�J�r�f/df/dd�fttttt�Ht¢S�i�fH/fs�
Hr�f�fr�/�SrI/fH�/�Hu'iztitHHt�Sri/fr6/Z.�/g,�/tdf/XX/24rlyd/cci��/el��f¢Jri,�f�
fH,6/fi'fHf/�ele�fftd�i�X/ [ �tH�f�/Yd/g�f�f�/�6ri/fHr�/��iX�€Y¢��d
�d�tHHtHrI!
THr6/19r6RittitHHtrdri/HH2iXX/rd16YJ ftZ Zrig/Y16O/foZM/ef
Offzeoleif/��i�H/r6f/fH�/xir��b/s�H�YiixStH�fdri�tH/H�5/zf��S�d�Crif�rd�
HHf/tri/rid/��6�rif/�H�XX/fH,�i'/f�ttt[/dr�gts�ri�f�el/H�/fHr�
r�r6�ttttt�CgHt�6ri/Hr�/fr6f/Kidf�/fH�ri/fH�Iz'/��2if�.1//THr�/f�Y`d�H/r6f
Of f aCe�/fH�tH/r�fr��f�¢1/�SH�XX/J��/elr�fr�f�ii'rl�eI/�ri/�/�t�riri�f/Hrb
e3X�fffr�f/r�X�dff�ri,l//Td�r6ri/fHr�/����Cf�ftr6ri/a5f/fHd��/fr�fdi�
��/e1r�HXt�ri�f�d/l��/fH�/s�ei�itH�Yr6rI,�/YHA/�S�gi'ffr6ri/gH�XX/Hr�
ftXX�¢l/�f/fH�/rl��f/�J�ri�r'2iX/eItgfft�f/�X��ff�drl/grid/��rir��`�X
¢lY�SYftr�f/r�X�r�ffr6rf�/H�XeI/fH�fr�ziff16f/fdt/fHr�/r�X��ffuSrl/r6f
dffts��fH,l
Sec. 204 . All commissioners shall be electors of
the county.
-2-
City Council Mtg .
December 7, 1988
SB 1517
18 . 1 Sec. 221 . Between d2trirI2lX /X/24xIr�/�idtdH/3�1
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 . lKf/tf�/rif ozz6utfrigj
fHr60�f��dfdffd�I/6f/:�H�/��df�fdY`�l'g/�r�,�ftftr��if�,�/fH�
66ttMMIX916xl 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 Sr6r6!/dXd l/l�ff�f/fHr6/f�iXr6g/24rid/Y��r[Xz4ftr6rl /H��6�/Hr6r6ri
ddr6 f ¢I/zirird/zip /trt/�ffOetlfr6f/BB/d� �/r6f/ ir6fr6 /dui
�ftr6Xdit�S�!/fH�fs6r6f/f�/zi/tttfHdr6�'ir6,6xidf,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 e06ZYIUkKd 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 xidf
44 only be used to 2(P`R�YIt2` /�2`/E`fdP18` 'YY[E` /z6f�2`Ka`/f6Y
f�s�YXtft��/fH24f/�irird�Y`/aJr�ri��`a�X/�r6�(xif�/r6f/�tf�/�J�Itd�Xtr1��
briel/�fz(�ird24fsd�/�z'r�/z�/Y`�H�SaSxI�StJdf Xt f�/df/fHr�/X�xiddz6rf��`�/e5f
i
d��fr�X�S�S�fH.�/�H/gS�`d�itrd�d/f�ff/tr1/fHr�/rdr��f�XeS�tti�rif/z4�f��t(i�rif,!
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-
SB 1517 AMENDMENTS
CITY COUNCIL MEETING
January 11, 1988
11. 1 SEC 140(c) M24i'AYAZA 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 thtigO one
commissionert shall hold office until the last Friday in
November 1990 .
18 . 51 Sr��l/Z�ld l///THE/r�i' tfts�Z/tlizt /]�r�/sd��6Yrdr�rd/YritaS/��
�f[�rl�/e�$�ft�Yr6r1g/zig/tHr�X`�/24f�/�Z��t�d/�s6t�iaCHH�eSxir�f�/�P
tH�/elt�Hftr�Z.!
-5-
City Council Mtg .
January 11, 1988
SB 1517
THE/r��Y2(HXtHH�(r�riY/r6f/YKr�/eIt�6tKtaSrig/zfrid
fK�/l6rb�frie�z(ftr��/fKr�f�r6Y/�SHziXX/H�/�zi24e��/H�/fH�/H��fd/r6Y
H�i�S�Y`�faCK¢Sf�,�/�6Kt�K/gK�SZX/�[z(K�/fHz�f/e��C�6YHtHri,�/a'f
fr��rl�Hf�rd,�/k5�/2(/f�HdX�ffi'dri/�z4�Hr�¢T/J��/�i/tti���6x`Yf�/�5f/fK�
�sd�ciutY��ac�5ri/�z`/ri�s6ri/�4/��YYYt rdxi/fit�rl��d/H�/�/�Sz4�Jrbf tY�/�f
r�XY�tI�Xr�/�6rdY�fH/uitYHiCxI/YK�/KaS�irie�z�fX��/r6Y/YK�/dtgYtYr�Y,I
THE/Yr�H�6X�fYtdri/df/��YtYt�Sxf/�H2fXX/l�r�/fYXr�d/�6YYH/YHA/HvS�x`al
r6f/��I�S�f�6aCY�ff�/z4f/Xr��HY/XSPI/dzf��/J�r�frbx`�/YK�/ri��f
s��ri�f2(X/dt�Yft�Y/r�X��Ytdrl.1//Nd/��YtYYdri/HHAXX/JzS�/ftX�e�
¢�YHYff�Y/r�Xr�r�fXr6K,l
��xir�Y`�X/dX�YX`Xr�Y/�Xr�r�ftsb�i,�/fK�/Kir6�f¢�/�6f/H�[p5�f�6�grdfg
KKz4XX/e���Y¢Jriz4fr�/fH�/e�t�ftgtr6�lH/ffm�i/�6HY�H/�r�ttiiztf��t��ir�x`�
YH�iXX/H�/�Xr�r�Y�e�,!//THr�/rl�ittiK�f/rd��t�Jri�Y�d/�K�XX/r���i2IX/YHA
AY/YKLA/rIj�XY/g�I���r�di'n¢J/¢J�rl�fzfX/dt�ffY�f/r�X��ftr6xf /fKr�
�r6u'i�(XY�SYr�xi�z`Y/gKzIXX/H�/�Xr��Y�rd/ff�f�i/YHr�/z'��(z�XriY�i�
df�6Y�i'rd�I,l
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. TH/YHj6/O1j6AY
YHr�/H24tld�Sa�/r�r6gHtr6zi/t�/�rl��fu��d/�dKt��izfriY/Yd/S��YaCeSxi
Z�l�,�/Yi6�d/�SH�SZt�/��tilddf�/HKziXX/Hf f t t�iY,aC�6�X�/3i�6Yr�/f dt
ggeh/ftri�ri�t�SZ/k5sbrid� /���r�g tiYg /�df/dldlf KYfdriH l
-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��Ht�HHtdH 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��fH/f�XHH�H�/Yd/HH� 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 mayHH�f/tHHd/��f ��HHg/�H/ dHHf��H /Hd
d��f�H �/ �XHH�Yn�/ 6HtfHH/df/d � Xd develop,
construct, operate and maintain all , or any portion of
these facilities , �#tHH/Ariy provided agreements are
entered into by the district regarding such activities,
with appropriate federal, df state AgOHey; or local
agencies, the county, city, district , or any combination
thereof H���� / �ftgd� HYdH/d��f/df/�HHHdfH /Hd/ �H� �/
-7-
City Council Mtg .
- January 11, 1988
SB 1517
fMd��/ddn/�Mffdn �/end/MdfMdf/fd�YXXft��. 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
Qd�tditMMt�M/dMd/fMd/H��dff��Mf/df/FtMM/dMd/gd��/M�/ddX�/X
df/OdeM/YOdf/ 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-
L
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 j69X9dj6d 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
programs Ord/Yr� �6f��/r�fz4 ��/�rlHz4ri�r�/z(xi¢I/xiz4Xriz(Xri
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
within the coastal zone of Orange County identified by the
certified Bolsa Chica Local Coastal Program.
11 . 2 SEC 140 (f) Exercise the powers which are expressly
granted by this act . Nothing in the Xi6dYZj6Y1 act
authorizes the district to exercise any powers on state
lands without the prior written approval of the State
Lands Commission.
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, rir6 /�Ir�r�rdvI/ r6/e��Y�� /ridf�iz4X/r6 �fzf �ri�J/� ��f�r��S
shall only be allocated or spent for purposes consistent
with the public trust as determined by the State Lands
Commission.
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 .
-11-
City Council Mtg .
- January 11, 1988
SB 1517
18 . 11 SEC. 221 Between Oi6jtORIJ6j6f November 1 and Frz5btidAty
ZZ 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///006PI , 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.
M�4/baSf��ft�ciY��a'a5ri/��/�rlXz4f�Jr�¢1/��ff��f2ir1�/�r6/S�s���dri/Zg�,{
Fr.6d/�SvIl6X�Cr�/Kt��'ibt�X`�/�K�XX/z4fYZ�`tti��t�6r�X��f�6�r�/fdf/��I�M
f i'ri�rl�t 2f X/b�5rid�,�/z4������i�xiZ�,�/r6f/dbXte���tr6rig/
-12-
� n
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 assessments
-13-
City Council Mtg .
January 11, 1988
SB 1517
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 fHr6/z6�fX�rie� /� �fdfz4H�eSr1/�SX�xil//Zxi/alydrd�Hi'r6rt
zirlyd/��/Hxi/:��1H��J�`z4X/�z(ft/r6f/HH�/bHu�s��H/�YI�d/tti2€pizt¢J�ti`i��iH
d rig r6trig/MR(.kHn�Yi2f710-r6/Hrird116te6xOzoxyzi6yfl16f/A/f)iXXy
friri�ft�rfi'rI¢J/�ftz(HX�/uir6fX2irie��/Hzfbtf�f/z4rid/�ri�6tfrdri�[r6rIf�4XX�
��xf�ff�C�6�/HzikStfHf/24f�2i/�rif��f2(xIf/fd/fH�/��ffXfXr6rd/Xr6r62iX
r6d24Sf24X/�Sf���z(utl 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 YMO1 6r6fXAridX
�`��fdf�ftr6rf/�6Xzirf/�rfe�/t`Hr6/u5ri¢Jr6tri¢�/d►�frif�rizfrid�/�fd�fNut/��f
dHf/zil6r6�6r6/Xrf/ r6X �f�fXf ! the ongoing maintenance and
preservation of the wetlands pursuant to the wetlands
restoration plan in perpetuity.
i
-14-
City Council Mtg.
rJanuary 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 It/not limited to
f ���l�Xr�/z�f�IdPP/ztX tgtrl¢J 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-
I
City Council Mtg.
January 11, 1988
SB 1517
41 . 3 SEC 710 The Harbor Commission MAY 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
pursuant to Sec. 700(c) .
-16-
City Council Mtg .
January 11, 1988
SB 1517
41 . 8 SEC 798 Prior to the completion of the
tri3609YI4 tr6ri 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 eleSr6�/ri�6t/r6r6r6eI/X/ ���r6xit/df/tH
�����H�er/��X�f�/eSP/tH�/Xalridgy/�6ttHtri/t`Hr6/v3t�HX`X�H,�/l6�xS�d
1416r6ri/HHr6/s Old 16 ty'rg/X2iHje�gH/L4911fAXXX16er/AX;Kr6gXML4YfUt6ZXX
complies with Section 754 .
44 . 1 SEC. 799 (a) (3) That the proceeds of the bonds shall
rides only be used to tie`r �ftf�/f6Y/�aSrigtfrf�H/wdflCg/e5f
��f�tXi'tXr6�/HHalH/�fri¢�r6f/�J�xl�r`�X/e�d�IrIH�/df/�,it�/aJ�fXd�XiCvi��
z(rld/�t�xlalz4,��eI�/zifr6/�!/f���dri�Xl6tXaCH�/r6f/HH�/X24xIrdr6s6�i�f�/d�`
rdr600X560OtX4VA9/16fr63ftd&TIEdt/irI/HH16/d LAOLAZO106r6xiH
Agtj2rMk5ytl acquire or construct major public works
df and public facilities HHAt`/rlAY1)601Mi6t6
H�r6r6tfXe`a�XX�/e��ftri�¢T/H�/z(��Xi'�ziHXr6/r6aS�triH�/dt/s6tt�
��fXrd�Xtri��/�6t/�Hz4rier2iz`erg/s6x`/��/�f�fdX�ir6er/J6�/HH�/,drier/
-17-
City Council Mtg .
January 11, 1988
SB 1517
�d�iXYri�eI/s6ttklYxi 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.
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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. All thlri/thy/ftlAA/2ht0-A
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. 1�rI /fH2�xieJr��/frd/fNr�/B�X�2�/QHts��/L��i¢T/Td��/F'X��I/z4f�
s��ibiJ��f/f�S/fki�/fr��f�r�ut/zfrid/z(��SfaS�fzSX/r6f/fH�/fr6�ff�X
r��61�Yitf�tdYl,!
(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-
i
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.
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City Council Mtg .
="January 19 , 1988
SB 1517
31 SEC. 411 Prior to any residential, commercial, or
small craft harbor development in the wetlands X6itz(HOd
tri/HHr�/dtHHft�H 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
Atg6A 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-
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 dP
r6f¢J24ritP�PXrdri 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 PHA/�JdtxiP/� X�i' �/rdP/ �6Sb�f�
tX�JCtris /Pry/PMr�/��XPi'rlr /t'sf 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
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
X,ZAO range of the beach width and profile existing
prior to the construction of the ocean entrance. A91
-24-
i
City Council Mtg .
-'January 19 , 1988
SB 1517
d�H���YH�d/H /HH�/StH�/H�HdH/Q� IttitHHtdH� 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-
City 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 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.
2533r
-27-
ON- AMENDED I .ASSEMBtY'AUGUST 17y,:1 r:;�q
AMENDED*.IN SENATE JUNE,;9,-1987.b;
AMENDED IN SENATE DUNE•2,` 1987:.
AMENDED IN SENATE MAY..20 1987
AMENDED IN SENATE MAY 14, 1987
AMENDED IN SENATE MAY, 112'1987
AMENDED IN SENATE MAY. 4;' 1987
SENATE BILL :,_' NO.' 1517
w. Introduced by Senators Bergeson and Seymour
r.
= (Coauthors: Assembl Members Dennis .Brown, Ferguson,
f w and.F'rizzelle)
= March 6,_1987
III
XAn act relating to conservation districts; `and . in this
connection, to create the Bolsa Bay'Harbor"and.Conservation
District;.prescribe its .boundaries, orgamzations, operations,
K management; financing, and other powers and duties.
V 1J F
.T .
LEGISLATIVE COUNSEL'S DIGEST:`.
SB".4517;` =amended, Bergeson. Bolsa Bay Harbor and
C
onservation`District.
I}T (•1)KExisting law d5oes not establish"a special district for the
Bolsa Bay Harbor area.
This bill would enact the Bolsa Bay Harbor and
'Conservation District Act which would; subject to specified
conditions, establish the Bolsa Bay Harbor and Conservation
District within a specific.area of the unincorporated territory
of _-Orange County, to 'provide;' among other things, for
?' implementation of the certified Bolsa Chica Local Coastal
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 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 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
5 channel plan.
6 The Land Use Plan confirmation review has been
7 required by the California Coastal Commission as an
f 8 interim planning step between certification of the Land
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
1 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 I L I
26 30237 of the Public Resources Code. The plan
27 encompasses both the county and city areas.
28 The activities associated with final approval and
29 implementation of land use plans encompassing both the
30 city and county areas are complex and
31 multijurisdictional.
32 This act is for the purpose of providing increased
33 management options for and a mechanism for
34 interagency coordination of the processing and
35 implementation of the plans for, Bolsa Chica within the
36 area as may be finally approved by those agencies with
37 jurisdiction over the lands.
38 Sec. 3. The Legislature further finds that there are
' a 39 mineral rights in, and oil and gas operations being
40 conducted on, the Bolsa Chica lands. This act is not
1
92 80
SB 1517 — 4 -
1 intended to subject these mineral rights or oil and gas
2 operations to any of the assessments, fees, or taxes which
3 may be assessed or levied as a result of this act, except to
4 the extent of any benefit conferred thereon. The
5 relocation, consolidation, wetlands restoration, and the
6 marina, residential, and commercial development
7 pursuant to the certified local coastal program will not be
8 a benefit to the mineral rights and oil and gas operations
9 as defined in this act.
10 Sec. 4. The Legislature further finds and declares that
11 no provision of this act is intended to preempt or
12 otherwise interfere with the jurisdiction of the City of
13 Huntington Beach, the State Lands Commission, the
14 California Coastal Commission, the Department of Fish
15 and Game, and the Department of Parks and Recreation.
.16 No provision of this act is intended to preempt the
California Coastal Act of 1976 (Division 20 (commencing
18 with Section 30000), Public Resources Code) ; e -. 1e
19 preyide ft level e€ lei ai+y
20 e of the eer-tifteQ
21 reEptifeffiefttof the A,4 of �97 ; e affy
-
22 esed b-y the Gftliferrniet Geastetl I
23 Geffiffiis t-e the Geastftl Ae+ of
24 1976 or the provisions of the certified Bolsa Chica Land
2 Use Plan.
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
4
40 miscellaneous maps and together with that portion of
92 1M
- 5— SB 1517
1 Fractional Sections 30, 32, and 33 in 'Township 5 South,
2 Range 11 West, San Bernardino Meridian, according to
3 the official plat 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
(CC 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
t 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
g
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 boundar
y line of Annexation No. 12
g p Y
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
j 37 Highway, a radial line to that point bears North 50°16'05"
38 East; thence leaving that centerline, southeasterly 39.26
39 feet along that curve and that northeasterly right-of-way
40 line, being also the existing boundary line as established -�
92 130
i
-7 — SB 1517
le Ot 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
3 Warner Avenue; thence easterly continuing along the
.2 4 existing boundary line as established by that Annexation
.e 5 No. 16, being also that southerly line, to the southeast
1s 6 corner of that Annexation No. 16, that corner being also
ie 7 an angle point in the boundary line of Parcel "D" of
e 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,
1t 13 to the southeast corner of that Parcel "D," that corner
ie 14 being also an angle point in the boundary line of
1 1.5 Annexation No. 14 to Orange County Sanitation District
Y 16 No. 11; thence easterly continuing along the existing
.e 17 boundary line, being also the southerly line of vacated
en 18 Los Patos, to the point of beginning, the above-described
f parcel of land containing 1520.20 acres, more or less.
20 {-b* The f ellewing lames are exelt � - the
2 1121 D:
3, 22 jej- A of the dot terms is as f�-
e F23
y , 24
9 t� 25 (b) If the State Lands Commission determines that its
6 landsor a portion thereof should be included within or
Y
e 27 exluded from the district, the State Lands Commission
e 28 shall notify the district in writing of that fact and file a
S 29 legal description of its laf34s h� Ote d:� those lands
a 30 at the time of the notice.
6 31 Upon receipt of that notice and a certified copy of the
Y 32 legal description, the district shall adopt a resolution
e 1 33 setting forth the legal description of that land and
kv
34 confirming the fact that the described lands are withift
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
38 commission of the county, at which time incorporation or
5 39 detachment shall be deemed complete.
jC
I
92 150
i
f
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 8ee: 405: " issief=' r eafts the Bed Bfty der
17 aai-d Gensefvatiett
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 C '�
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
er 1 boater-oriented recreational or commercial activities,
2 including inwater or dry storage of boats, and the parking
►e 3 of vehicles to accommodate the recreational or
lis 4 commercial activities of the harbor.
is 5 Sec. 112. "Holder of title" or "landowner" means the
6 owner of record of the fee title to land, except that, if the
7 owner of record of the fee title hi.s conveyed the
�f 8 equitable title to the land by way of aland sale contract
h 9 and the contract or a memorandum thereof is recorded,
is 10 "holder of title" means the contract vendee thereunder
f 11 and not the record owner of the fee title.
al 12 Sec. 112.5. "Huntington Harbour connection" means
h 13 a navigable channel between the ocean entrance and
14 Huntington. Harbour.
15 Sec. 113. "Improvement district" means any area
16 within the district established by the commission
17 pursuant to any of the provisions of this act or other
ie 18 applicable laws for the purpose of providing for and
o 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 t 24 earth, whatever may be the ingredients of which it is
,t 25 composed, whether soil, rock, or other substance. It does
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
n 30 30108.5 of the Public Resources Code, applies to that
h 31 portion of the Bolsa Chica Land Use Plan that lies within
e 32 the unincorporated county area. The land use plan does
33 not include areas within the corporate boundaries of the
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:
r n 39 (a) Appointed under the laws of this state.
40 (b) Entitled to the possession of the estate's land.
92. 190
j
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SR 1517 — 10 —
1 (c) Authorized by the appointing court to exercise the
2 particular right, privilege, or immunity which he or she
3 seeks to exercise.
4 Sec. 117. "Local coastal program" as defined in
5 Section 30108.6 of the Public Resources Code, applies to
6 a local government's land use plan zoning ordinances and
7 implementing actions program which, when taken
8 together, satisfy the requirements and implement the
9 provisions and policies of the California Coastal Act of
10 1976 at the local level.
11 Sec. 117.5. "City local coastal program" means the
12 local coastal program for the incorporated area which has
13 received full certification by the coastal commission and
14 pursuant to which, permit authority was returned to the
15 city as of March 14, 1985.
16 Sec. 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
AY
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 t
40 branches thereof.
92 2(x)
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.
a 5 Sec. 121. "United States" means the government of
0 6 the United States of America and includes all bureaus,
d 7 commissions; divisions; departments, boards, agencies,
n 8 committees, offices, and branches thereof.
e 9 Sec. 122. "Visitor serving facilities" means the
'f 10 facilities that fulfill purposes under the California Coastal
11 Act of 1976 of serving the need for public access and
e 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,
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
1 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.
s 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
s 35 adequate institutional and legal framework to achieve all
q g
36 of the following purposes:
3 (a) Carry out and fund implementing action programs
{ r 38 to restore, create, enhance, and maintain in perpetuity
' `'39 the wetlands and environmentally sensitive habitat areas
40 within the coastal zone of Orange County, identified by
92 220
SB 1517 — 12 —
1 the certified Bolsa Chica Local Coastal Program.
2 (b) Administer and raise funds to repay the federal
3 loan cost share if authorized pursuant to the Water
4 resources Development Act of 1986, and to maintain in
5 perpetuity such facilities, structures, and appurtenances
6 for any navigable ocean openings and facilities to protect
7 the naval weapons station and waterways constructed
8 with those funds, as may be authorized or appropriated
9 by the federal government, in accordance with
10 applicable state and local rules and regulations.
11 (c) 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. Nag Nothing in this section authorizes the
27 district to exercise any powers on state lands without the
28 prior written approval of the State Lands Commission.
29 Sec. 141. No provision of this act limits the power or
30 authority of the city, county, or any state agency with
31 jurisdiction within the district to regulate land uses
32 within the district.
33 Sec. 142. If the she State Lands Commission
34 determines that its lands, or any portion thereof, should ,(
35 be included in the district, the provisions of this act shall
36 not be construed to conflict with the obligation of the
j 37 state to carry out its public trust responsibilities on those
j 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
1 rates, fees, liens, or charges without its written consent.
ral 2 However, any enterprise function conducted on the
er 3 lands owned by the state, its assignees, lessees,
in 4 permittees, franchisees, or licensees or others shall be
es 5 subject to any uniform charges or surcharges as set forth
' t 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,
A 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 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 W24 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
h 30 allocated or spent for purposes consistent with the public
s 31 trust as determined by the State Lands Commissionf3
32 Sec. 145. One of the purposes of the district is to
l 33 facilitate the coordination of the activities, programs, and
1 0, L 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
A 39 wetlands, construction of state and federally funded
\.. a. 40 harbor facilities if authorized and approved, coordination
92 260
a
r
,s
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 Peach
4 to facilitate annexation to the city p 4fw to e
5 cps in the manner provided
6 in the annexation-development agreement required by
7 Section 149.
8 This act shall not impair the state sovereignty over its
9 lands within the project area or impair the state's ability
10 to control, operate, and maintain its lands and resources
11 if included in the district.
12 Sec. 146. No provision in this act limits the
13 enforceability and applicability of any provision of any
14 agreements entered into between or among a city,
15 county, state, or federal agency and a private person
6 affecting the Bolsa Chica area, as long as the agreement
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.
29 Sec. 149. This act shall not become operative unless
30 en of befe JafPdftr-
.� 4; 1988, the city, county, and
31 landowner-developer have entered into an
32 At
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
i
. 1 is intended to have the effect of, praN,idiitg a del of
2 l less 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
t
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
t 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 €he
32 establishment of the district, any proposed change of
�,%O 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 �.
r
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 ,: 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
o 3 Article 1. General Provisions
,f 4
It 5 Sec. 200. The district shall be governed by the Bolsa
it 6 Pay Harbor and Conservation District Commission.
)f 7 Except as provided by Section 204 and Article 3
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.
g 18 Sec. 203. All vacancies in the office of commissioner
Z 19 shall be filled as follows:
7 20 (a) Vacancies for commissioners elected pursuant to
If 21 Article 2 (commencing with Section 210) shall be filled
y 22 by appointment by the remaining commissioners or, in
a 4 23 the absence of a majority consensus or of a quorum, by
t c 24 the board of supervisors.
t 25 (b) Vacancies for commissioners elected pursuant to
s } 26 Article 5 (commencing with Section 240) shall be filled
1 27 pursuant to Section 1780 of the Government Code.
r 8 See.204. Many tir-ne after- few years frees the dale of
i 29 the..i- of the dis�iet, and fr ire to time
30 er-e ,fter-, bet ftet less tkaft 120 datys be€et:e a gene-Fetl
31 disti-iet the , by reselol-ie
32 inerease the ffuiqFbe of eeffiffiissietiers to serve en the
33 if to -7 9; er 44 aftd may designftte the first
34 r additienal meffiber-s to serve eft the enlarged
35 eaffiffitssion.
36 The an shall deterffiine the tee of offiee of
37 eaeh e€ the new so appeintedl, bot ift ne
381 e-,,er3t Ata4 that tefrf3 desig..,.,t by the off be
a ` 39 f, for n3er-e t feef yeas.The terms e€ef€iee 4-,us ereated
40 i shall be dete ._.. in in a se tis to beep a nearly
F
92 320
h
P/ SB 1517 — 18—
1� equal as prae able the na 18�%--JL of aners to be
2 elee" at sash s�rbsegoegenetal district- "erectiot+:
3 the e g of those so a -�fl�'�a the
i --o-- -
1 4 ,the pestierf shall be filled 4 the gel
5 dis�iet eleet-ion a-ad general c4irst-r4et n held
F' 6 thereafter- for the el ff of e eers.
7 205, f
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 stall 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 Upeo of r,.x do , the diet shall be geyer-fied by the
20 neil of the Gity of Httfttingt -IVY -
21 Sec. 211. . The first commission shall be elected at an
22 election conducted by the board of supervisors within 35
23 days following the formation of the district, as follows:
24 (a) Any person qualified to vote in elections
25 conducted pursuant to Article 1 (commencing with
26 Section 210) and this article shall be voters, as defined in
27 Sections 123 and 124.
28 (b) Nominating petitions for the position of
29 commissioner shall be in writing and signed by voters
30 representing at least 10 percent of the assessed value of
31 land as shown by the last equalized assessment roll.
32 (c) No voter shall sign any more nominating petitions
33 than there are offices to be filled.
34 (d) If, on the 15th day prior to the date of the election
35 called by the board of supervisors, only one person has
36 been nominated for each position to be filled at that
37 election, an election shall not be held and the board of
38 supervisors shall appoint those nominated for the position
39 of commissioner.
40 (e) If an election is held, each voter shall have one
92 340
- 19 — S B 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 `{�
6 so that two commissioners shall hold office until the last
7 Friday in November 1988, and three commissioners shall
8 hold office until the last Friday in November 1990. j
)e 9
10 Article 3. Elections
11
12 Sec. 213. Each voter shall have one vote for each
13 dollar's worth of land to which he or she holds title. The
a 14 last equalized assessment roll of the county is conclusive
n 15 evidence of ownership and of the value of the land so
`e 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 .
20 prior to the election appear as owners on the records of
21 the county.
22 Sec. 214. The commission may, by ordinance adopted
J 23 at least 90 days prior to any district election, determine
24 that voters shall-thereafter be ascertained pursuant to this
s 25 section.
h 26 In that event, the county clerk shall prepare the voter
a 27 list required by Section 23527.5 of the Elections Code
28 based upon the last equalized assessment roll of the
f 29 county corrected to reflect, in the case of transfers of
s 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.
l � 35 Where onlya portion of a parcel of land has been
p
t 36 transferred, and the assessed value thereof and of the
f 37 remaining parcel are not separately stated upon the roll,
i 38 estimated assessed values therefor shall be made by the
39 county assessor and those estimates shall, for the purposes
40 of this section, be considered the value of the land.
92 :3(k)
i
SB 1517 — 20 —
j1 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
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
,all 2 to this article.
;ed �r 3 Sec. 221. Between Jffffuftf-y 4-affd Mafeh 30 December
for r4 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
Gd, ° ° 1 the commission by the secretary of the district. Upon
on t 12 receipt of verification from the registrar of voters
1 pursuant to Section 228.
4 Any time after that certification, the resident voters
ive 15 registered to vote within the district may petition for a
14, 16 change in the voting procedure from a landowner voter
17 district to a resident voter district.
ith 18 Sec. 222. The petition shall be signed by not less than
19 25 resident voters of the district who represent not less
.An 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
,ty 23 following form: The secretary of the district, having
It 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
ag 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
le 40
41
a
a
M
18o 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:
Ar
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
- 23 — SB 1517
'y 1 petition are still insufficient, no action shall be taken
'r 2 thereon. The petition shall remain on file as a public
3 record and failure to secure sufficient signatures shall not
ie 4 prejudice the later filing of an entirely new petition.
5 Sec. 230. If the petition contains at least 25 valid
g 6 signatures and if the total number of valid signatures on
7 the petition constitutes 25 percent or more of the
1e le 8 registered voters within the district as of the date of filing
9 the petition, the secretary shall prepare a certificate to
a 10 that effect. A copy of the certificate shall be forwarded by
n 11 certified mail to each person designated to be notified of
1 the results of the examination of the petition.
ie ' ° 3 Sec. 231. its egr ffreetxglliawinthe
ly 14 of the seer =5 eer-t:r.e to
y 15 After the preparation of the certificate, the district shall
1e 1 hold a meeting and shall adopt a resolution declaring that
n 7 all future elections in the district shall be conducted as a
�t ,F resident voter district rather than a landowner voter
�f 9 election. If at all possible, the meeting shall be held In
20 time to allow residents to qualify as resident voters in the
next district election.
rs 4,24'
Sec. 232. The secretary of the district shall file with
rs . 23 the county clerk a certified copy of the resolution. The
,s 24 secretary shall cause a copy of the resolution to be
Ir C 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
, 29 offices, bonds, or other purposes shall be conducted
Is 30 under laws relating to resident voter districts and all
ie
a 31 provisions of this article shall prevail over any contrary
32 provisions in this act relating to landowner voter
t� 33 procedures.
S 34 Sec. 234. All commissioners thereafter elected shall
' 35 be residents and qualified voters of the district at the time
36 of their election and during their term of office. The
rs
1 37 commissioners need not be landowners.
ie 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
ao
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
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
Sec. 240., The district may be divided into as many.
t 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 1-28150 days
before the next general district election. No petition shall
32) be filed any later than 150 days preceding the next
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
92 470
- 25 — SB 1517
od 1 of supervisors, if it determines that the resolution or
2 petition is valid, shall immediately order the
ire. 3 establishment of divisions in the district as nearly equal
'all 4 in area as may be practicable and shall file a copy of the
to 5 order with the commission.
the 6 Sec. 243. After the entry of the order establishing
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
e 10 into divisions shall not affect the term of any
°r 1 commissioner until his or her term expires.
in ._ 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.
ag, 15 The number designated shall equal the number of
)ns 16 commissioners to be elected at that election. At the next
ied.T '
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
`n . 22 the discretion of the commission, makes it necessary to
:h 1e" 23 relocate the boundary or boundaries of any division or
24 divisions, the commission shall, by resolution, relocate the
ies 25 boundary lines of the division or divisions so as to
Bch 26 equalize, as nearly as may be practicable, the population
ion 27 in the respective divisions. However, no change in
ion 28 division boundaries shall be made within four months
he 29 immediately preceding the election of any commissioner,
call 30 and no change shall work a forfeiture of the office of any
lys 31 commissioner. The relocation of boundary lines of
)all 32 divisions may be made without regard to the places of
o�t 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 resident, secretary, and treasurer, and may
be � p Y� y include a
39 vice president.
ird 40 Sec. 251. The commission may consolidate the offices
47(1
►2 490
a
SB 1517 — 26 —
1 of secretary and treasurer.
2 Sec. 252. The duties of the officers of the commission,
3 and any standing committee thereof, shall be described
4 in the administrative code of the district.
5 Sec. 253. The officers of the district may include all of
6 the following:
7 (a) The chief executive officer.
8 (b) The finance officer.
9 (c) An attorney.
10 (d) A chief engineer.
11 Sec. 254. All officers and employees of the district
12 shall be appointed by the commission and serve at its
13 pleasure when those positions are required to be filled
14 and shall not be concurrently employed by the
15 landowner/developer corporation.
16 . Sec. 256. The commission, except as otherwise
17 specifically provided, shall manage and conduct the
18 business and affairs of the district and may delegate its
19 powers to any officer or employee of the district.
20 Sec. 257. The rules, responsibilities, and procedures
21 for the officers of the district shall be described in the
22 administrative code of the district and shall be exercised
23 according to the policies and standards established by the
24 commission.
25 Sec. 258. All meetings of the commission shall be held
26 and conducted pursuant to Chapter 9 (commencing with
27 Section 54950) of Division 2 of Title 5 of the Government
28 Code. The commission may meet as frequently as is
29 necessary to satisfactorily conduct the business of the
30 district, but shall meet no less than six times in any one
31 calendar year.
32 Sec. 259. Compensation, for the commissioners shall
33 be fixed in the administrative code in an amount not to
34 exceed one hundred dollars ($100) per day for each day's
35 attendance at meetings of the commission or for each
36 day's service rendered as a commissioner by request of
37 the commission, not to exceed a total of six days in any
38 calendar month, together with the reimbursement of any
39 expenses incurred in the performance of duties required
40 or authorized by the commission.
92 say
i
— 27 — SB 1517
1 CHAPTER 3. GENERAL POWERS
2
d 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
�t 1 11 every kind within or outside of the district, necessary to
is 12 the full or convenient exercise of its powers.
d 13 Sec. 303. The district may exercise the power of
'e 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,
19 environmentally sensitive habitat areas acreage, or R'sh
s 20 and wildlife habitat values. The district shall have no
ie 21 power of eminent domain outside its boundaries.
22 Sec. 304. The district may issue bonds, borrow money,
1e 23 and incur indebtedness as authorized by this act.
d e 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
27 type of obligations as those refunded and following the
is 28 same procedures as at that time may be applicable to the
1e 29 issuance of those obligations, and may retire any
le 30 indebtedness or lien that may exist against the district or
dl 31 its property.
_o ' 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
.h 35 by the district, and no resolution of intention to issue
iyf36 bonds may be adopted, except upon the affirmative vote� 37 of four members of the harbor commission. In the event
Y 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.•..
r�
4
0()
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.
{ 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
i
Oy 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
-ad 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.
1d,
13 Sec. 312. The rules and regulations may provide that
ce, 14 the facilities or other services authorized by this act shall
F 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
25 the scope and nature of the rules and regulations and
an 26 indicate the penalty for violation thereof.
call 27 Notice shall be provided pursuant to Section 6061 of the
lg: 28 Government Code. In addition, the city and the county
ies 29 shall be provided with 10 days' written notice of any
r public hearings.
of 31 See: 3� After- the runes &nd Iettieng e been
of 32 adapted a� are � ff eeet €er 60 de s a.�s er flier
i 3„�. �elt-iert thereof is a .
,ee414 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
9 district, any agency or organization managing the
wetlands, and the project proponents to take any 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
restoration plan in compliance with the ee�� Bolsa
*- -l"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 e,,.,.,utien, �1
31 t9D , aeeeat-ie e€ f €re}ne
r- t 32 ewneo the state pursuant to subdivision (d) of Section
33 50. ,x
34 The sLAB shall netif� the di9tf:iet,ift wig;of that f-aet
35 aftd €h-, ft proposed creed with the distr-iet a+ the time 4
36 e€that notiee a-nd deed, the distriet
37 shall adept a reselutieft sag forth the legal a
38 4 the laf3d eentain ift the deed, after- „n,
39 eenFirffii-ng the faet that the dose .:i-,e lands are ne lenget
40 vN,ithifi the distfiet.
92 561
—31 — SB 1517
1 A ee ed eopy of the r-eselution shall be filed vAth the
2 leeal of the eel, 4
ates, 3 whleh fire the detf e'�-~,�~� shall be deemed eaffiplete
iblic 4 and all assessffieftlts, taxes, fees; er hens, thefean
any a 5 diseh
any 6 Sec. 407. Upon acquisition of additional lands by the
Out 7 state within the district, those lands shall may be
ions, 8 detached from the district by the reeeen of a deed
9 frem the ewner to the stye and pursuant to subdivision
10 (d) of Section 50 and the district shall discharge all
,TE 11 assessments, charges, liens, taxes, or fees thereon
12 diseharged.
of 13
14 Article 2. Relationship Between Wetlands Restoration
15 and Development
16
lent 17 Sec. 409. There shall be a minimum of 915 acres of
it of 18 high quality, fully functioning wetlands and 86.8 acres of
the 19 e.,:-vironmentally sensitive habitat _areas created or
the 20 rt:stored onsite in the Bolsa Chica study area, as required
1 all 21 by the Bolsa 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
ion 25 prepared as part of the Bolsa Chica Local Coastal
ads 26 Program and with the biological resources management
Elsa 27 components policies of the Bolsa Chica Land Use Plan.
anal 28 Any changes to the Bolsa Chica Land Use Plan are subject
the 29 to the review and approval of the coastal commission.
eft30 Sec. 410. The development rights on the mesa area
the 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
lef40 amendments on the mesa area as may be needed to
1
1
92 571
J(i 1
i
i
r
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-. Prior- to a ftt ift the wetlatids
6 loeated in the distr�er a wet tnd area rte less than eere att
7 ettelhal€tw es the sire of the wet area propesed
8 lzx-t-- +elepffientl shall he is a eertditiee ef high
9 quality,,etftd a weflaftd area fte less thaft eee aftd ettelhftW
10 of tes as lar-ge as the wed area €er
11 t shall he erected within the distr-iet. It rte
12 ease shall the area he less ift sire than
13 efte4hifd of the final wedaed ster-e t area.
14 See- 44-2: VAier-e wedetftds aer-eage aloe 853 aeres, as
15 demoted ift the Deee b1985, Bella lea beeal Geasta
16 hand U3 ie Plan, is to he a„ d, art land wit-hift the
17 areas is ,
18 itttefii-ft eftsite er effike r ste--a t may he aeeeffi.P.Iff-shed
19 a higher prier-ity fer ensite If inter-in.
20 effi ke r-e§ter-ati is ehesett, A shall he ee��plete� e� if
21 all e€ the fellewing exist.,
22 J*- Two aeres shall he m €er eaeh aere lest.
23 +4 At the earnest feasible ep i-a tie ease
24 later these the€irk phase of develepfneftt, the restft
25 shall he eeffipleted errsite'
26 +e} of ittteriffi of 4e fester-ed
��an . ,-,des a.,
27 ���d to
ertsite �re� , the
28 inter-if elite wetlattds shall be pew
ate preteeted:
30
31 Article 3. State t ruse of Peivers 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
38 organization holding title to or managing the wetlands,
and the district shall enter into a joint powers or other
40 agreement fer the jeittt exereige Of relating to the
92 590
-33 — SB 1517
1 relating to their respective parcels of property within �{
2 Bolsa Chica.
3 The agreement may provide for, among other things,
4 the ongoing maintenance and preservation of the
5 restored wetlands; the allocation of money and revenue
6 collected from district and state lands; the provision of
7 services by the district to benefit state lands; and the
f 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 j
11 agency or organization holding title to or managing the
103
wetlands, and the district shall annually adopt a budget
03 and management program to implement the weflftnAs
14 resterati plan.. 1ft add}tieft etftd as aft iffteftnA past of
15 the budget detailed
16 pr i a shall be fnatle fef the
17 and pfesefvat ef a. fxAl�, f netieftiftg viable
18 habitat ffftd tentally Svc habitat afea
19 per-suafit t-e the eer-t let-al eeastal pregr-affi: 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 rester—at plaf and the
28 set ett above i . 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 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 i
5 regulations adopted pursuant to Section 311.
6 The purposes of this article shall be consistent with the 1
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 i
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 I j
3
4 Sec. 500. 1f an ocean entrance and harbor facilities are 1
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
h 7 involved parties shall be coordinated. The district shall
t manner �'
18 not exercise its powers in an er which
19 restricts the public from navigation upon navigable
2 �wa era`s within the ocean entrance and harbor facilities. "!;I
Sec. 501. The agreements or contracts entered into
22 pursuant to Section 500 may authorize the district to
p Y
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, I+
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, M
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— SR 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, i
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 ulaCr&x 6yf t lsand supply to
29 the beaches within the littoral cell from Anaheim Bay to
30 Newport Bay so a t e mean ig 1 e ine oes not
31 retreat Ian and from the line existing prior to
32 construction f the,"�an entrance, as determined by the
33 State Land ommissiori--TJie district shall provide secure
34 funding for the malntenance of the sand supply
35 o the beat prior to construction-e�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 !
i
— 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
8 by the district and any improvements thereto shall be
9 designed and constructed in accordance with the
10 requirements of the city for those facilities, shall be
11 compatible and connect with the existing systems within
12 the city, and shall be approved by the city engineer.
13 Sec. 624. The district may construct its sewers in
14 public streets or roads and in its rights-of-way and, for
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 t
39 by the district and any improverents thereto shall be
40 designed and constructed in accordance with the
I
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. -JR
8
9 Article 4. Alternative Provisions 1
10 1
11 Sec. 640. If the city is unable or refuses to accept 1
12 dedication of the sewer service or water system or 1
13 provide services related thereto, until such time as the 1
14 city is able or consents to provide those services, the 1
15 district may contract with another agency for the 1
16 services. If no such agency is available, the district may 1
17 acquire, control, distribute, and sell any water, and 1
18 provide sewer service for the beneficial use or uses of the 1
19 district or its inhabitants. The district may impose a water 2
20 rate and a service fee for provision of water and sewer
C- 1 2
21 services within the district pursuant to this section. 2
22 Sec. 641. Any groundwater production activities of 2
23 the district shall be undertaken in compliance with the 2
24 well registration, "replenishment assessment, and basin ; 2
25 equity limitation and assessment provisions of the 2
26 Orange County Water District Act (Chapter 924 of the 2
27 Statutes of 1933). 2
28 Sec. 642. The district shall not store water within the 2
29 Orange County groundwater basin, nor shall it undertake 3
30 any groundwater replenishment or groundwater 3
31 management or regulation functions without first 3
32 securing the consent, by resolution, of the governing 3
33 body of the Orange County Water District to conduct
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
38 Orange County groundwater basin outside the . r 3
39 boundaries of the Orange County Water District. 9
92 720
- 41 — SB 1517
I 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: iJ
8 (a) A general fund which shall consist of money,
9 received by the district and not spe I.cifica ly appropriated
10 to any other fund and may p be allocated for the oerations
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 Section with Secon 400),
17 (c) A wetlands maintenance and operation fund T
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, specific-ally allocated for the purposes, of
32 Section 509.
33 Sec. 701. On or before Juno 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
391 49offiffi-ission erad the Pepew.tffien of F-6h affd Gaffie bl�-
40 ef efteh year. Commission, the Department of Fish
92 722
B 1517 — 42-- 1
1 and Game, and any agency or organization holding title 1 g
Ito or managing the wetlands, by July 1 of each year for �' 2 ir.
3 ttheir review consistent with the budget responsibilities 3 of
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 o'
�omments to the harbor commission on the ade uacy and 6
9' p
U87
'sufficiency of the budget for contribution to the funds 7
identified in subdivisions (b) and (c) of Section 700. 8
9 Sec. 702. The preliminary budget shall provide g
10 appropriations from the general fund, the wetlands 10
11 conservation fund, the federal cost-share fund, and the 11 l:
12 redemption of any long- or short-term debts of the 12
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 r
16 final budget shall be forwarded to the State Lands 16 i
17 Commission, the Department of Fish and Game, the city, 17 E
18 and the county. lg
19 19
20 Article 2. Administration of Funds ,R 20
21 21 ;
22 Sec. 710. The commission may establish and transfer k_ 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 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 — SR 1517
1 provide a detailed monthly report on all investments, +
p Y P �
2 including the types of investments, the rate of earnings
3 of each, and the distribution of investment earnings.
4 Sec. 714. All money in custody of the district not
5 otherwise invested shall be deposited for safekeeping
6 pursuant to Section 53635 of the Government Code.
7
8 Article 3. Federal Repayment, Assessment
9 it
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 i
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,
Y
92 7W
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 (co
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 col
12 Sec. 736. If the commission abandons the levy of the 12 ch
13 proposed assessments, no further proceedings related to 13 pe
14 assessments for the federal cost-share fund may be 14 to
15 undertaken for a period of not less than six months 15
16 following the conclusion of the hearing. 16 sh
17 Sec. 737. If the commission approves the levy of 17 Li
18 assessments) no additional assessments related to the 18 of
19 federal cost-share fund may be implemented for a period 19 ei
20 of not less than one year following the effective date of 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 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 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 — SR 1517
1 Improvement Bond Act of 1915 (Division 10 l
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 hens 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
40 charges to landowners to which water may be made
92 MR)
SB 1517 — 46--
1 available whether the water is actually used or not. 71 chargE
2 The charges may vary in different months and 2 distri
3 different localities of the district to correspond to the cost 3 is ec
4 and value of the service, and the district may use so much 4 Sec.
surche
5 of the proceeds of the charges as may be needed to defray 5 Sectio
not t
6 the ordinary operation or maintenance expenses of the 6
7 district and for any lawful district purpose. 7 not r
8 Sec. 761. The commission may fix, regulate, and 8 lessee.
9 collect rentals, fees, or charges for the parking of vehicles 9 Sec.
10 in parking areas under the district's control, and may 10 pursu;
11 provide rates for different classes of customers or users. 11 conse,
12 Sec. 765. Prior to fixing or amending fees or charges 12 sand i
13 for the parking of vehicles, the commission shall adopt a 13 are E
14 resolution of intention to do so, which resolution shall 14 deter,
15 establish a date, time, and place for a public hearing no 15 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 5499(
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 places under control 26
27 of the commission. 27 Se
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 SE
34 commission shall transfer the amount of the excess from 34 reql
35 the general funds to the wetlands conservation fund to be 35 obli
36 used thereafter for the purposes and duties of the district 36 rev-
37 as provided in Chapter 4 (commencing with Section 37 pay
38 400). 38 7 (c
39 Sec. 768. The commission may fix and alter rates of law.. 39 1 o'
40 wharfage charges, slip fees, anchorage fees, and other
92 820
I
— 47 — SR 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
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 i
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 j
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 R30
SB 1517 — 48 —
1 Article 8. Bonded Indebtedness 1 ri
2 2 d
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 t]
6 with Section 35950) of Part 6 of Division 13 of the Water 6 a
7 Code. The commission shall have, with respect to the 7 3
8 issuance of bonds, the same rights, powers, duties, and 8 s.
9 responsibilities as the board of directors of a California 9 F
10 water district. 10 c
11 Sec. 794. For the purpose of issuing general obligation 11
12 bonds, the district shall be subject to the authorization, 12 1
13 limitation, and procedures of Chapter 3 (commencing 13 (
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 1
17 sale, redemption, and other miscellaneous provisions 17
18 pertaining to the administration of general obligation 18
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 s
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 25
26 commission shall have, with respect to the issuance, sale, j' 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 i. qc
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' A"sjj 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
i
�;• 1 rights, powers, dunes, 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 investi tion
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 fiolsa 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-Jatest equalized assessment rolls.
':39! _./ (3) That the proceeds of the bonds shall only be
� /
used to a�t�r-e er�r�we-P6 er r�e der
92 861
SB 1517 — 50—
1 e� o eii��4i s � awe e 1
2 of the e 2
3 ift the . 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 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 ,g lg
19 RESTORATION, AND BEACH MAINTENANCE DISTRICT, ` 19
20 ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS 20
21 21
22 Article 1. Federal Repayment District :. 22
23
24 Sec. 800. If the district enters into an agreement to ;,r 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. 30
31 That district shall consist of lands that will generate 31
32 revenues from any source, which revenues shall be 32
33 allocated for deposit in the federal cost-share fund and 33
34 used for the purposes for which that fund is established 34
35 by this act. 31-
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) . ;.; T
39 The types and levels of assessments or charges levied 3!
40 within each zone shall be, as near as is practical, related 41
92 880
f —51 S ,j�17=
1 to the benefits.received within,each zone. 'The.type=and,
2 level of assessment:or charge''shall be uniform iitliir
3 each zone.
4 Sec. 802: Zones'of benefit forced for,purposes;of this
5 article •,shall be established, .'altered; or, dissolved; `as
6 provided ui Article.2 (comiiencing'with..Section-•8'10)
7 except that no zone established•as provided in this article
8., shall,b altered or so so as to iMpede or hinder the
9- district from;f g its•obligations or responsibilities as'
10 ,a"-.party to' any -greerrieiit: enterer :into pursuant``to
11- Section 500°
12
13 Article.2. Zones.of Benefit
14 . -
15 Sec. 81® ' The district:may establish zones of benefit
16 within an ortion "of the` territor" of the districL"'The`
y.P y,-,-
17.., zones . may-,,be .established; , providing..the commission
I8:',makes""eitlier_of the following':findings:`
19 _ (a) .'The _.land` or inhabitants `within ale. zone -will
20 receive",`special :benefit; from. the. ervices 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:
25 (b)- The land or inhabitants of;the zone may be.,subject
26 :to additional charges or assessments for the services`or
27 ",:pro �ams extended to the zone orTor services:,which are
28s `provided at, a higher level than in other areas of the
29. district:
30 Se6..811. Upon raking hidings. pursuant to section
31; 8 _,th district rriay adopt a,resolution of- intention to
32, forma zone and to'set a date; time; and place for hearing
M. on the. resolution: •Notice of hearing:shall be provided
34 ;-pursuant to Section 6066 of the Government Code.
F 35 r Sec. '812. Prior 'to the adoption of a resolution of
intention,'the `distinct shall direct the chief executive
37 a officer to prepare a __report describing thd, area
38 "recommended for inclusion in the zone, the programs,
39 improvements, or services to be undertaken; and an
40 'estimate of the amount of cost thereof. The report shall
92 9W I
SB 1517 — 52 -
1 include an analysis of the method or alternative methods 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 rf
5 Sec. 813. Upon acceptance of the chief executive 5
6 officer's report and adoption of the resolution of 6 1�
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 t]
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 1
23 be deemed a landowner for the purpose of malting 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
$B 1517
I 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- cons
idered by
11 the district for a period bf 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 d1 sapprovin
g
16 establishment of the pr.opose"d zone.
17 Sec. 820, Any proposal to include territory to, or ii18 exclude territory from a zoneshall be subject to the same
19 provisions and proceedings as a proposal to establish a
20 zone, except for both of the following:
21 (4) 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 proper
ty owners
25 within the zone to or.from which the terni tory is
proposed
26 to be included or excluded.
27 (b) If the district finds that a majority ority 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.
33 If a majority protest: i i does not exist, the district shall
34 adopt a resolution approving or disapproving inclusion.... ... .,p
.... - roving inclus' .n 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
4. 4 40 or exclude territory ftom a zone may- he, initiated by a
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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.
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