HomeMy WebLinkAboutFile 9 of 9 - Bolsa Chica Annexation - SB 1517 - Proceedings MINUTE
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, May 31 , 1988
A tape recording of this meeting is
on file in the City Clerk' s Office
Mayor/Chairman Erskine called the adjourned regular meeting of the City Coun—
cil and the Redevelopment Agency of the City of Huntington Beach to order at
5:30 p.m.
ROLL CALL
Present: Kelly, Green, Finley, Erskine, Mays, Winchell
Bannister (arrived at 6: 10 p.m.)
Absent: None
PUBLIC COMMENTS
I
The following citizens spoke in support of SB 1517 (Bergeson) pertaining to
the proposed Bolsa Bay Harbor and Conservation District: Craig Sufficool , Jan
Shomaker, representing- the Huntington Beach/Fountain Valley Board of Realtors,
Ru _sal 1 Behrens.,&om, #ant for Signal Landmark, Bill Fi cker, grange County
Amdw-4-rd_._ Clyde, Consultant,
Lard_.BrQs,�_, consul ant-to Signal- Landmark, Don Hartfel der,, representing the
Huntington Club, Mel Malkoff, representing Malkoff Associates, Pamela
Hernandez.
The following• citizens spoke in opposition to SB 1517 (Bergeson) pertaining to
the proposed Bolsa Bay Harbor and Conservation District: Donna Klein, repre—
senting fifty neighbors, Victor Leipzig, President, Amigos de Bolsa Chica, Pat
McCabe, Geri Ortega, President, Huntington Beach Tomorrow, Dr. Robert
Winchell , geologist, Tom Pratte representing Surfriders Association, Ridgely
Keeley, Coordinator for Orange County Whale Watch, Margaret Carlberg, Director
for the Audubon Society, Mary Rosczyk, representing Orange County Native Plant
Society.
(City Council) SB 1517 — THE BOLSA BAY HARBOR & CONSERVATION DISTRICT
The Deputy City Clerk presented a communication from the City Administrator
regarding SB 1517 Bolsa Bay Harbor and Conservation District which has been
rescheduled for hearing by the Assembly Natural Resources Committee (A.N.R.C. )
on June 20, 1988.
A motion was made by Mays, seconded by Erskine, to request Senator Bergeson to
place SB 1517 into an interim study for one year and if that was not possible
the City Council to schedule a public hearing in June and take a position on
the bill at that time.
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Page 2 -1,Council/Agency Minutes - 5/31 /88
Followin'd discussion, a motion was made by Winchell , seconded by Green, to
amend the main motion by approving the recommended action as outlined in the
RCA dated May 26, 1988.
The amendment was held in abeyance, until discussion was held regarding the
bill , by consensus of Council .
Discussion was held between Council and staff regarding alternative actions
such as exploring the possibility of purchasing the wetlands with Long Beach
and Los Angeles Port Authorities funding. Another alternative discussed was
proceeding with the development of the Bolsa Chica without an ocean cut. The
studies of the Army Corps of Engineers was discussed.
Mayor Erskine read a letter from Senator Bergeson dated May 31 , 1988 written
in response to the City staff recommendation before Council .
Discussion was held between Council , staff, consultants and a representative
of Senator Bergeson regarding the definition of an "interim study" of the
bill . Discussion was held regarding holding a pubic hearing on SB 1517.
The main motion made by Mays, seconded by Erskine, was clarified as follows:
to request that SB 1517 be placed into an interim study that would postpone
Senate action on the bill this year until issues were resolved; if Senator
Bergeson decides that SB 1517 cannot be put into an interim study then a pub-
lic hearing be scheduled by the City.
The amendment to the main motion was clarified by Winchell , second Green, to
approve the staff recommendations as outlined in the RCA dated May 26, 1988,
as follows:
1 . That the City Council respectfully request Senator Marian Bergeson to
withdraw SB 1517 from consideration by the State Legislature for an inde-
finite period of time until all technical studies and planning matters
with regard to the Bolsa Chica have been considered and acted upon by the
appropriate governmental agencies.
2. If SB 1517 is not immediately removed from consideration by the State
Legislature, that the City Council send a letter to Senator Bergeson,
Assemblyman Sher, and other appropriate state legislators and officials
expressing strong opposition to SB 1517 for the reasons set forth in this
RCA.
3. That if SB 1517 is considered by state legislative committees a contin-
gent of City Council persons appear before these committees to express
the City Council ' s united opposition to SB 1517.
Discussion was held between Council and the City Attorney regarding the amend-
ment and voting procedures.
The amendment made by Winchell , seconded by Green, failed by the following
roll call vote:
AYES: Green, Finley, Winchell
NOES: Kelly, Erskine, Mays, Bannister
ABSENT: None
The main motion made by Mays , seconded by Erskine, carried by the following
roll call vote:
Page 3 - Council/Agency Minutes - 5/31/88
AYES: Kelly, Green, Erskine, Mays , Bannister
NOES: Finley, Winchell
ABSENT: None
A public hearing on SB 1517 was scheduled for June 9, 1988 by consensus of
Council . The Deputy City Clerk was informed that a ten day notification and
publication procedure was not necessary as the public hearing was not a due
process hearing.
RECESS - RECONVENE
The Mayor/Chairman called a recess of Council/Agency at 8:50 p.m. The meeting
was reconvened at 9:05 p.m.
i
(City Council) STUDY SESSION - FY 1988-89 CITY BUDGET AND PROPOSED USE OF .
REVENUE SNARING FUNDS
The City Administrator stated that the entire proposed budget totals
$151 ,789,403 including General Fund expenditures proposed at $79,291 ,351 . The
Federal Revenue Sharing Program has ended and new funds are no longer being
allocated to local governments. The City has $110,000 of residual Revenue
Sharing funds remaining in fund balance and staff is proposing, as a part of
the 1988/89 budget, that these funds be used for the construction of a central
warehouse at the City' s Corporation yard.
Budget Overview
A budget overview was presented by Paul Cook, City Administrator. He informed
Council of the refuse cost increase proposed by the county. Mr. Cook informed
Council there was no revenue to fund new capital improvement projects.
Slide Presentation
A slide presentation was presented by Robert Franz, Deputy City Administra-
tor. He reviewed the 1988/89 budget for the general fund, revenue sources .and
expenditures; and the history of the general fund from 1967 to the current
year. He reviewed slides pertaining to Tax Increment Revenues; Refuse and
Utility Costs; and Water Fund History.
Departmental Summaries & Changes to Proposed Budget
Dan Villella, Director of Finance, reviewed the changes to the proposed budget
pertaining to department requests. Discussion was held regarding the DARE
program. Councilman Mays suggested using teenagers in the Logo Program in
cleaning up the downtown area. The Deputy City Clerk requested Council to
consider their department' s request for an additional employee, and a classi-
fication change from part-time recurrent to part-time permanent, as outlined
in the memorandum from the City Clerk dated May 16, 1988.
Capital Improvements
Mr. Cook reviewed the capital improvement priorities as developed by depart-
ment heads. Councilman Bannister suggested the parking meters that were
scheduled for removal from Pacific Coast Highway be installed at Huntington
Central Park as a source of additional revenue. Discussion was held regarding
the Shields Pump Station and regarding dredging of Talbert Lake as it is a
Page 4 - Council /Agency Minutes - 5/31/88
major storm drain retention basin. Discussion was held regarding a city-wide
mapping system and regarding landscaping of the Huntington Central Park open/
natural areas .
Discussion was held regarding the request by Don Watson, City Treasurer for an
increase in salary to be commensurate with the full-time position. Mr. Watson
stated he would present a report on the matter at the June 6, 1988 Council
meeting.
The City Attorney thanked the Mayor' s Committee for meeting with her on her
department's budget and stated she would prepare a memorandum on the matter
for the entire Council .
New Revenues
Robert Franz, Deputy City Administrator, reviewed the summary of possible new
revenues as outlined in a memorandum dated May 25, 1988. The following reve-
nue sources were discussed and tentatively approved in concept: Paramedic
fees - suggested a policy be created and find ways to recoup costs under cer-
tain circumstances be pursued; Communications/Records Management System User
Fee (Net 6 Cities) ; Annual Fire Prevention Inspection Fee - to be amended;
Uniform Fire Code Permit Fee; Business License Fire Increase - report
requested regarding how other cities handle these fees and the possibility of
having the fee on the gross revenue of the business; Development Processing
Center Fees; Refuse Collection and Disposal Fee - not to raise revenue but to
cover costs imposed by the county; Increase Park Acquisition and Development
Fees - survey requested on how other cities assess developers; Entertainment
Fee - tax on movie tickets; Business License for Rental Units; Arts and Cul-
tural Development Fee - City to make decision regarding art work, larger art
works might stay on-site - if a condominium development were located downtown
the artwork would be placed downtown. A suggestion to approach Orange County
to fund Huntington Central Park as a regional park was suggested by Councilman
Bannister.
ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY
The Mayor/Chairman adjourned the adjourned regular meeting of the City Council
and the adjourned regular meeting of the Redevelopment Agency of the City of
Huntington Beach to June 6, 1988 at 5:30 p.m. for a joint City Council /Rede-
velopment Agency/Planning Commission meeting regarding Zone Change 87-16,
Huntington Beach Company/Bolsa Chica Linear Park Issues in Room B-8, Civic
Center.
Alicia M. Wentworth
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
ATTEST: BY
Deputy City Clerk/Deputy Clerk
Alicia-M. Wentworth________
City Clerk/Clerk Mayor/Chairman
BY
Deputy City Clerk/Deputy Clerk
AGENDA
CITY COUNCIL/REDEVELOPMENT AGENCY
ADJOURNED REGULAR MEETINGS
Room B-8, Civic Center
Tuesday, May 31, 1988
5 :30 p.m.
i
A. CALL COUNCIL/AGENCY MEETING TO ORDER
B. ROLL CALL: Kelly, Green, Finley, Erskine, Mays, Winchell,
Bannister
C. PUBLIC COMMENTS
(3 minutes per person, no donating of time to others - no action can
be taken by Council/Agency on this date, unless agendized)
D. (City Council) SB 1517 - THE BOLSA BAY HARBOR & CONSERVATION
DISTRICT
Communication from the City Administrator regarding SB 1517
Bolsa Bay Harbor and Conservation District which has been
rescheduled for hearing by the Assembly Natural Resources
Committee (A.N.R.C. ) on June 20, 1988 .
Recommended Action:
1. That the City Council respectfully request Senator Marian
Bergeson to withdraw SB 1517 from consideration by the
State Legislature for an indefinite period of time until
all technical studies and planning matters with regard to
the Bolsa Chica have been considered and acted upon by the
appropriate governmental agencies .
2 . If SB 1517 is not immediately removed from consideration
by the State Legislature, that the City Council send a
letter to Senator Bergeson, Assemblyman Sher, and other
appropriate state legislators and officials expressing
strong opposition to SB 1517 for the reasons set forth in
this RCA.
3 . That if SB 1517 is considered by state legislative
committees a contingent of City Council persons appear
before these committees to express the City Council ' s
united opposition to SB 1517 .
Page #2 - CouncilA. -ncy Agenda - 5/31/88
E. (City Council) STUDY SESSION - FY 1988-89 CITY BUDGET AND
PROPOSED USE OF REVENUE SHARING FUNDS
The entire proposed budget totals $151, 789,403 including
General Fund expenditures proposed at $79 , 291,351 . The Federal
Revenue Sharing Program has ended and new funds are no longer
being allocated to local governments . The City has $610, 000 of
residual Revenue Sharing funds remaining in fund balance and
staff is proposing, as a part of the 1988/89 budget, that these
funds be used for the construction of a central warehouse at
the City° s Corporation yard.
1 . Budget Overview - Paul Cook, City Administrator
2 . Slide Presentation - Robert Franz, Deputy City
Administrator
3 . DpPartmental Summaries & Changes to Proposed Budget -
Dan Villella, Director of Finance
4 . Capital Improvements - Paul Cook, City Administrator
5 . New Revenues, Robert Franz, Deputy City Administrator
6 . Water Rate Increase - Dan Villella, Director of Finance
F. ADJOURNMENT - to June 6, 1988 at 5 :30 p.m. - Joint City
Council/Redevelopment Agency/Planning Commission meeting
regarding Zone Change 87-16, Huntington Beach Company/Bolsa
Chica Linear Park Issues.
ALICIA M. WENTWORTH, CITY CLERK
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P.O.BOX 190 CALIFORNIA 92648 a 'j
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CITE( OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson's Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGTON BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
(Telephone: 714-536-5227)
09ffucs®ff Me CRY C avh
®® City of Huntington Beach
P.O.BOX 190 CALIFORNIA 92648
MANGE COUNTY TJ.ON
District 4`11
10844 Ellis Ave.
P.O. Box 8121
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;, Ili CITY OF HUNTINGTON BEACH
' 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson ' s Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGTON BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
(Telephone: 714-536-5227)
®�a City of Huntington Leach
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• P.O.BOX 190 CALIFORNIA92648
METROPOLITAN WATER DISTRICT
Carbon Creek PCS
2999 E. La Jolla
Anaheim, CA
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5/19/88 & 5/26/88
NOTICE OF PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 OYERGESON)
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, June 2, 1988
TIME: 7:00 p.m.
SUBJECT: Proposed Senate Bill 1517, carried by Senator Marian Bergeson and
sponsored by the Signal Landmark Land Development Company would
establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the
1600 acres of unincorporated territory of the Bolsa Chica which is
surrounded by the City of Huntington Beach.
PROPOSAL: Under SB 1517, the proposed special district would provide for
implementation of the Bolsa Chica Local Coastal Program when
certified; construction of an ocean entrance, small craft harbor and
related facilities; 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 5/16/88
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson' s Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGTON BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
(Telephone: 714536-5227)
Office of the City Clerk
I. fe City of Huntington Beach
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MAY 2 0 'R
P.O.BOX 190 CALIFORNIA92648
U.S. DEPT. OF INTERIOR
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Independent
Huntington Beach News
5/19/88 & 5/26/88
NOTICE OF PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 OYERGESON)
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, June 2, 1988
TIME: 7:00 p.m.
SUBJECT: Proposed Senate Bill 1517, carried by Senator Marian Bergeson and
sponsored by the Signal Landmark Land Development Company would
establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the
1600 acres of unincorporated territory of the Bolsa Chica which is
surrounded by the City of Huntington Beach.
PROPOSAL: Under SB 1517, the proposed special district would provide for
implementation of the Bolsa Chica Local Coastal Program when
certified; construction of an ocean entrance, small craft harbor and
related facilities; 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 5/16/88
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Publish: Daily Pilot
Independent
Huntington Beach News
5/19/88 & 5/26/88
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 aii persons who wish to be heard relative to Senate Bill 151-7.
DATE: Thursday, June 2, 1988
TIME: 7:00 p.m.
SUBJECT: Proposed Senate Bill 1517, carried by Senator Marian Bergeson and
sponsored by the Signal Landmark Land Development Company would
establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the
1600 acres of unincorporated territory of the Bolsa Chica which is
surrounded by the City of Huntington Beach.
PROPOSAL: Under SB 1517, the proposed special district would provide for
implementation of the Bolsa Chica Local Coastal Program when
certified; construction of an ocean entrance, small craft harbor and
related facilities; 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 5/16/88
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AMENDED IN ASSEMBLY MAY 19, 1988
t AMENDED IN ASSEMBLY AUGUST 17, 1987
AMENDED IN SENATE JUKE 9, 1987
AMENDED IN SENATE JUNE 2, 1987
AMENDED IN SENATE MAY 20, 1987
( AMENDED IN SENATE MAY 14, 1987
AMENDED IN SENATE MAY 11, 1987
AMENDED IN SENATE MAY 4, 1987
SENATE BILL No. 1517
Introduced by Senators Bergeson and Seymour
(Coauthors: Assembly Members Dennis Brown, Ferguson,
and Frizzelle)
March 6, 1987
An act relating to conservation districts, and in this
connection, to create the Bolsa Bay Harbor and Conservation
District, prescribe its boundaries, organizations, operations,
management, financing, and other powers and duties.
LEGISLATIVE COUNSEL'S DIGEST
SB 1517, as amended, Bergeson. Bolsa Bay Harbor and
Conservation District.
(1) Existing law does not establish a special district for the
Bolsa Bay Harbor area.
This bill would enact the Bolsa Bay Harbor and
Conservation District Act which would, subject to specified
conditions, establish the Bolsa Bay Harbor and Conservation
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
91 40
SB 1517 —2— "
Program, as prescribed, and construction of specified harbor
and related facilities,including water and sewer facilities. The
bill would specify the powers and duties of the district and
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 Y
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 y
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
91 W
-3— SB 1517
1 Commission subject to confirmation review to address
2 the following general areas of concern: (1) technical
3 studies on the feasibility of an ocean entrance, (2)
4 preparation of a wetlands restoration plan, and (3)
5 preparation of a Huntington Harbour connection
6 channel plan.
7 The Land Use Plan confirmation review has been
8 required by the California Coastal Commission as an
9 interim planning step between certification of the Land
10 Use Plan and completion of the-certification of the Bolsa
11 Chica Local Coastal Program. .
12 The City of Huntington Beach has adopted, and the
13 California Coastal Commission has certified, a Local
14 Coastal Program- for areas which:surround the Bolsa
15 Chica which includes the ocean entrance area seaward of
16 the Pacific Coast Highway, :portions of the linear park
17 area, and the Metropolitan Water District south yard
18 parcel. The city has coastal.permit authority over these
19 areas. Both the city and the landowner anticipate that the
r 20 unincorporated county 'area will be annexed to the city
' 21 prior to completion of development as provided for in a
22 development agreement.
23 The Department:of Fish and Game, the State Coastal
24 Conservancy, the County of Orange, and Signal
25 Properties, a major landowner in this area,have prepared
26 a Habitat Conservation Plan pursuant to Section 302-37 of
27 the Public Resources Code. The plan encompasses both
28 the county and city areas.
29 The activities associated with- final approval and
30 implementation of land use-plans encompassing both the
31 city and county areas are complex and
32 multijurisdictional.
33 This act is for the purpose of providing increased
34 management options for and a mechanism for
35 interagency coordination of the processing and
36 implementation of the plans for, Bolsa Chica within the
37 area as may be finally approved by those agencies with
38 jurisdiction over the lands. The Legislature finds that this
39 act may become part of or be utilized in connection with
40 the implementation program of the Bolsa Chica Local
91 90
1 1517 —4—
Coastal Program. Enactment of this act does not imply l
that it is the sole component of the implementation
program. Nothing in this act,including the creation of the
4 district, shall supersede or modify the California Coastal
i Commission's independent responsibility to determine
i the adequacy of the funding and implementation
mechanisms in the implementation program to carry out D
t the Bolsa Chica Land Use Plan consistent with the
8 California Coastal Act of 1976 (Division 20 (commencing
1 with Section 30000 of the Public Resources Code)).
Sec. 3. The Legislature further finds that there are
mineral rights in, and oil and gas operations being
3 conducted on, the Bolsa Chica lands. This act is not
l intended to subject these mineral rights or oil and gas
i operations to any of the assessments, fees, or taxes which
i may be assessed or levied as a result of this act, except to
! the extent of any benefit conferred thereon. The
3 relocation, consolidation, wetlands restoration, and the
) marina, residential, and commercial development
) pursuant to the certified local coastal program will not be
l a benefit to the mineral rights and oil and gas operations )
as defined in this act.
3 Sec.4. The Legislature further finds and declares that
l no provision of this act is intended to preempt or
S otherwise interfere with the jurisdiction of the City of
i Huntington Beach, the State Lands Commission, the
t California Coastal Commission, the Department of Fish
3 and Game, and the Department of Parks and Recreation.
No provision of this act is intended to preempt,amend,
or supersede the California Coastal Act of 1976 (Division
1 20 (commencing with Section 30000), Public Resources
Code) , any requirement imposed by the California
3 Coastal Commission pursuant to the California Coastal
t Act of 1976, e- the provisions of the certified Bolsa Chica )
i Land Use Plan, or any zoning ordinance, zoning maps,
3 or implementing actions required by Section 30513 of the
7 Public Resources Code.
4 The Legislature finds and recognizes that the Bolsa
Chica Local Coastal Program has not yet been fully
7 certified and that it may be necessary for this act to be )
91 120
-5— SB 1517
t 1 amended in the future in order to comply with the
2 provisions of the certified local coastal program.
3 Sec. 5. The Legislature further finds and declares that
4 because of the need to ensure wetlands protection in this
5 state, 915 acres of wetlands and 86.8 acres of
6 environmentally sensitive habitat areas shall be created
t 7 or restored pursuant to the Bolsa Chica Land Use Plan
8 conditionally approved by the California Coastal
• 9 Commission in January 1986, and that wetlands
10 restoration or creation shall occur in phases prior to
11 phased urban development in the lowlands.
12
13 Article 2. Boundary Description
14
15 Sec. 50. (a) The Bolsa Bay Harbor and Conservation
16 District shall consist of those lands in the unincorporated
17 territory of the County of Orange, State of California,
18 being that portion of Section 28, Fractional Section 29 and
19 Section 34 in Township 5 South, Range 11 West, as shown
20 on the map of Rancho La Bolsa Chica recorded in Book
21 51, Page 13 of miscellaneous maps, in the office of the
22 county recorder of the county,together with that portion
23 of Section 34 and Fractional Section 4 in Township 6
24 South,Range 11 West,as shown on the map of Rancho Las
25 Bolsas recorded in Book 51, Pages 13 and 14 of the
26 miscellaneous maps and together with that portion of
27 Fractional Sections 30, 32, and 33 in Township 5 South,
28 Range 11 West, San Bernardino Meridian, according to
29 the official plat filed in the District Land Office, all as
30 more particularly shown on the map filed in Book 92,
31 Pages 19 through 28, inclusive, of Records of Surveys, in
32 the office of the county recorder, described as follows:
33 Beginning at a point in the existing boundary line of
' 34 Orange County Sanitation District No. 11 as established
35 by Annexation No. 15 to Orange County Sanitation
36 District No. 11, that point being the northwesterly
37 terminus of that certain course described as "North
38 34°02'21" West 604.70 feet"in that Annexation No. 15,that
39 point being also South 0°10'16" West 30.00 feet and North
40 89021'40" West 640.00 feet from the intersection of the
91 140
3 1517 —6—
L centerline of Bolsa Chica Street, 60.00 feet in width, with
Z the centerline of Los Patos Avenue, 60.00 feet in width,
3 as vacated by the Resolution of the Board of Supervisors
1 of Orange County, California, recorded July 15, 1943, in
i . Book 1197, Page 424 of Official Records, in the office of
3 the county recorder; thence in a general southeasterly,
l northeasterly, and easterly direction along the existing
3 boundary line as established by that Annexation No. 15 to
) an angle point therein, that point being the easterly n
) terminus of that certain course described as "North
L 75°43'04" West 373.65 feet" in that Annexation No. 15;
Z thence southwesterly, westerly, and southerly along the
3 existing boundary line, as established by the annexation
I to Orange County Sanitation District No. 11 described in
i the Resolution of the Board of Supervisors dated
i November 20, 1957, to an angle point in the formation
T boundary of Orange County Sanitation District No:11 as
3 described in the Resolution of the Board of Supervisors of
) Orange County dated January 6, 1948, that point,being
) also the southwest corner of Section 34; thence southerly
l and westerly along the existing boundary. line as
established by that formation boundary to a point on the
3 northeasterly right-of-way line of the Pacific Coast
E Highway, 90.00 feet in width,as shown on Sheet 7,of that
i map filed in Book 92, Pages 19 through 28, inclusiye, of
i Records of Surveys, that point being also in intersection
r of that northeasterly right-of-way line with the west line
3 of the northeast quarter of that Fractional Section 4 and
) an angle point in the boundary line of Annexation No. 12 -
) to Orange County Sanitation District No. 11; thence
northwesterly along the existing boundary line as
established by that Annexation No. 12, being also the
3 northeasterly right-of-way line, to an angle point in the
E existing boundary line; thence leaving the northeasterly
i right-of-way line, southwesterly continuing along the
i existing boundary line as established by that Annexation
' No. 12 to an angle point therein on the southwesterly
3 right-of-way line of the Pacific Coast Highway, that point
) being also the southeasterly terminus of the
) southwesterly and northeasterly lines of Annexation No. j
91 160
-7 — SB 1517
C 1 17 (Bolsa Chica State Beach) to Orange County
2 Sanitation District No. 11;thence northwesterly along the
3 existing boundary line as established by that Annexation
4 No. 17, being also the northeasterly line and the
5 southwesterly right-of-way line, to the southerly line of
6 Warner Avenue, 60.00 feet in width, as shown on Sheet 2
7 of that map filed in Book 92, Pages 19 through 28,
8 inclusive, of Records of Surveys; thence leaving the
9 southwesterly right-of-way line, northwesterly
10 continuing along the northeasterly line and the existing
11 boundary line to an angle point therein on the centerline
12 of Warner Avenue; thence leaving the existing boundary
13 line,South 89°12'50" East 132.85 feet along that centerline
14 to a point on to existing boundary line, that point being
15 the westerly terminus of that certain course described as
16 "North 89°51'53" east 280.30 feet, more or less," for a
17 portion of the boundary line of Annexation No. 16
18 (Huntington Harbour No. 4) to Orange County
19 Sanitation District No. 11, that point being also the
20 beginning of a nontangent curve concave southwesterly
21 having a radius of 3053.51 feet, that curve being also to
22 northeasterly right-of-way line of the Pacific Coast
23 Highway, a radial line to that point bears North 50°16'05"
24 East; thence leaving that centerline, southeasterly 39.26
25 feet along that curve and that northeasterly right-of-way
26 line, being also the existing boundary line as established
27 by that Annexation No. 16, through a central angle of
28 0°44'12" to an angle point therein on the southerly line of
29 Warner Avenue; thence easterly continuing along the
30 existing boundary line as established by that Annexation
31 No. 16, being also that southerly line, to the southeast
32 corner of that Annexation No. 16, that corner being also
( 33 an angle point in the boundary line of Parcel "D" of
34 Annexation No. 7 to Orange County Sanitation District
35 No. 11; thence easterly continuing along the existing
36 boundary line as established by that Parcel "D" of
37 Annexation No. 7, being also the southerly line of Warner
38 Avenue and the southerly line of the vacated Los Patos,
39 to the southeast corner of that Parcel "D," that corner
40 being also an angle point in the boundary line of
91 180
1 1517 —8—
Annexation No. 14 to Orange County Sanitation District
' No. 11; thence easterly continuing along the existing
t boundary line, being also the southerly line of vacated
I Los Patos, to the point of beginning, the above-described
i parcel of land containing 1520.20 acres, more or less.
i (b) If the State Lands Commission determines that its
' lands or a portion thereof should be included within or
e4kided excluded from the district, the State Lands
Commission shall notify the district in writing of that fact a
and file a legal description of those lands at the time of
the notice.
Upon receipt of that notice and a certified copy of the
t legal description, the district shall adopt a resolution
I setting forth the legal description of that land and
i confirming the fact that the described lands are included
i within or excluded from the district.
Within 10 days thereafter, a certified copy of the
resolution shall be filed with the local agency formation
commission of the county,at which time incorporation or
detachment shall be deemed complete. )
Article 3. Definitions
e
Sec. 100. Unless the context otherwise requires, the
definitions in this article govern the construction of this
act.
Sec. 101. The definition of a word applies to any of its
variants.
Sec. 102. "Board of supervisors" means the Board of
t Supervisors of Orange County.
Sec. 103. "City"means the City of Huntington Beach.
Sec. 104. "Coastal commission" means the California
c Coastal Commission established under Section 30300 of
E the Public Resources Code and designated as the coastal
i zone planning and management agency charged with
i implementing the coastal act.
Sec. 106. "County" means the County of Orange.
3 Sec. 107. "Department of Fish and Game" means the
i state agency having authority and responsibility to
protect and enhance fish and wildlife resources.
91 9Af1
— 9— SB 1517
1 Sec. 108. "District" means the Bolsa Bay Harbor and
2 Conservation District.
3 Sep. 108.3. "ESHA"means environmentally sensitive
4 habitat areas, as defused in Section 30107.5 of the Public
5 Resources Code.
6 Sec. 108.5. "Federal beach nourishment program"
f 7 means the current federal sand replenishment program
8 to replenish sand between Anaheim Bay and Newport
9 Beach pier.
10 Sec. 109. "Federal cost share" means the contingent
11 authorization of funds, if any, consistent with the Water
12 Resources Development Act of. 1986.
13 Sec. 110. "Habitat conservation plan" means a plan
14 which provides for the conservation of the habitat of fish
15 and wildlife resources as described in Section 30237 of the
16 Public Resources Code.
17 Sec. 110.5. "Harbor commission" means the Bolsa Bay
18 Harbor and Conservation District Commission.
19 Sec. 111. "Harbor facility" means the marina basins,
20 main and secondary navigable waterway systems, the
21 lands underlying the marina basins, main and secondary
22 waterways, and any abutting lands used for
23 boater-oriented recreational or commercial activities,
24 including inwater or dry storage of boats,and the parking
25 of vehicles to accommodate the recreational or
26 commercial activities of the harbor.
27 Sec. 112. "Holder of title" or "landowner" means the
28 owner of record of the fee title to land, except that, if the
29 owner of record of the fee title has conveyed the
30 equitable title to the land by way of a land sale contract
31 and the contract or a memorandum thereof is recorded,
32 "holder of title" means the contract vendee thereunder
33 and not the record owner of the fee title.
34 Sec. 112.5. "Huntington Harbour connection" means
35 a navigable channel between the ocean entrance and
36 Huntington Harbour.
37 Sec. 113. "Improvement district" means any area
38 within the district established by the commission
39 pursuant to any of the provisions of this act or other
40 applicable laws for the purpose of providing for and
91 210
3 1517 - lo-
t financing the construction, acquisition, reconstruction, )
3 maintenance, operation, extension, repair, or
3 improvement of any work or works of common benefit to
l the land or inhabitants within an improvement district.
i Sec. 114. "Land" means the solid material of the
i earth, whatever may be the ingredients of which it is
r composed, whether soil, rock, or other substance. It does
3 not mean improvements thereon or rights and privileges
) appertaining to water, minerals, oil, gas, or other
) hydrocarbon substances underlying the surface thereof.
I Sec. 115. "Land use plan" as defined in Section
30108.5 of the Public Resources Code, applies to that
i portion of the Bolsa Chica Land Use Plan that lies within
t the unincorporated county area. The land use plan does
i not include areas within the corporate boundaries of the
i City of Huntington Beach.
Sec. 115.5. "Land use plan study area" means those
3 lands contained within the Bolsa Chica study area
► boundary line, as shown in Exhibit 4 of the 1985 Bolsa
► Chica Local Coastal Program Land Use Plan. The land
use plan study area includes both the Bolsa Chica
i segment area as well as certain lands within the corporate
boundaries of the City ofHuntington Beach for planning
purposes.
Sec. 116. "Legal representative" means an official of
a corporation owning land, and means a guardian,
executor, or administrator of the estate of the holder of
c title to land who is any of the following:
► (a) Appointed under the laws of this state. J
(b) Entitled to the possession of the estate's land.
(c) Authorized by the appointing court to exercise the
particular right, privilege, or immunity which he or she
seeks to exercise.
Sec. 117. "Local coastal program" as defined in ►
Section 30108.6 of the Public Resources Code, applies to
a local government's land use plan zoning ordinances and
implementing actions program which, when taken
together, satisfy the requirements and implement the
provisions and policies of the California Coastal Act of
1976 at the local level.
91 M
— 11-- SB 1517
1 Sec. 117.5. "City local coastal program" means the
2 local coastal program for the incorporated area which has
3 received full certification by the coastal commission and
4 pursuant to which, permit authority was returned to the
5 city as of March 14, 1985.
6 Sec. 118. "May" is permissive and "shall" is
7 mandatory.
8 Sec. 118.5. "Mesa area" means the area of land within
9 the district which is at or above the five foot above sea
10 level contour line bordered on the north by Warner
11 Avenue and Los Patos Avenue, on the east by the district
12 boundary,on the south by the Wintersberg Flood Control
13 Channel, and on the west by the Pacific Coast Highway.
14 Sec. 118.7. "Mineral rights" has the same meaning as
15 that term is defined in Section 883.110 of the Civil Code,
16 but excludes surface ownership of parcels of land.
17 Sec. 119. "Navigable ocean entrance" means the
18 system of navigable waterways that provides for access
19 between the Pacific Ocean and the harbor facility and
20 may include side jetties and an off-shore sheltering
21 breakwater.
22 Sec. 119.5. "Oil and gas operations" means all surface
23 and subsurface operations and activities relating to the
24 development, production, and treatment of oil and gas
25 reserves as permitted by applicable deeds, leases,
26 agreements, laws, and regulations.
27 Sec. 119.7. "Project proponent"means a person,firm,
28 corporation, partnership, association, or public agency
29 that proposes to develop or causes to develop real
30 property for residential or commercial use or into a small
31 craft harbor pursuant to the Bolsa Chica Local Coastal
32 Program when certified.
33 Sec. 120. "State" means the State of California and
34 includes any and all bureaus, commissions, divisions,
35 departments, boards, agencies, committees, officers, and
36 branches thereof.
37 See. 120.5. "State Lands Commission"means the state
38 agency holding title to and management authority and
39 responsibility over the state's sovereign and public trust
40 lands.
91 280
3 1517 — 12—
Sec. 121. "United States" means the government of
the United States of America and includes all bureaus,
3 commissions, divisions, departments, boards, agencies,
1 committees, offices, and branches thereof.
i Sec. 122. "Visitor serving facilities" means the
i facilities that fulfill purposes under the California Coastal
r Act of 1976 of serving the need for public access and
3 recreation within the coastal zone.
Sec. 123. "Landowner voter" means a person who is
a holder of title of assessable property.
t Sec. 124. "Resident voter" means a person who is a
Z qualified elector and a resident of the district.
3 Sec. 125. "Wetlands restoration" means an activity to
4 create, restore, preserve, and enhance wetlands,
i especially those which have been destroyed or degraded,
3 to a high quality, fully functioning level of biological
7 productivity and diversity.
3 Sec. 126. "Wetlands restoration plan"means a phased
) concept and implementation plan approved by the
) Department of Fish and Game and the California Coastal
l Commission to create, restore, enhance, preserve, and
2 maintain certain wetlands and environmentally sensitive
3 habitat areas identified in the certified Bolsa Chica Local
4 Coastal Program.
i
3 Article 4. Establishment and Purposes
7
3 Sec. 140. The Bolsa Bay Harbor and Conservation
9 District is hereby established in accordance with this act
9 and is a public corporation created to provide an
1 adequate institutional and legal framework to achieve all
2 of the following purposes:
3 (a) Carry out and fund implementing action programs
4 to PeAere, ereate; e an4 wa4ntaift ift perpetftk�-,
5 including assessments on lands and fees and charges on
5 activities, and receiving grants from other parties
7 including private persons, entities, public benefit
8 corporations, and public agencies for the purpose of
9 restoring, creating, enhancing, and maintaining the
D wetlands and environmentally sensitive habitat areas
91 320
- 13— SB 1517
1 within the coastal zone of Orange Count-, identified by
2 the certified Bolsa Chica Local Coastal Program.
3 (b) Administer and raise funds to repay the federal
4 loan cost share if authorized pursuant to the Water
5 Resources Development Act of 1986, and to maintain in
6 perpetuity such facilities, structures, and appurtenances
7 for any navigable ocean openings and facilities to protect
8 the naval weapons station and waterways constructed
9 with those funds, as may be authorized or-appropriated
10 by the federal government, in accordance with
11 applicable state and local rules and regulations.
12 (c) Enter into agreements with the state to provide
13 desired services which may include, but are not limited
14 to, the authority to ffiaintain construct, maintain, and
15 administer the facilities of a small craft harbor landward
16 of the Bolsa Chica ocean entrance.,
17 (d) Provide for the financing and construction of
18 water and sewer facilities by the district.
19 (e) Administer and raise funds to construct and
20 maintain appropriate facilities for (1) dredging and land
21 reclamation purposes, (2) drainage and flood control
22 purposes, (3) parks, recreation, and open-space land and
23 facilities, (4) levees and channel edges,and (5) docks and
24 appurtenances, and to participate in federal, state, and
25 local beach nourishment programs.
26 (f) Exercise the powers which are expressly granted
27 by this act. Nothing i-a this geed
28 (g) Accept advances of funds or work-in-kind from
29 any source, including, but not limited to,private persons
30 or entities, and provide, by resolution,for the use of those
31 funds or work-in-kind for wetlands restoration, for major
32 public works and public facilities, as defined herein;enter
33 into agreements by resolution with the person or entity
34 advancing the funds or work-in-kind, to repay all or a
35 portion of the funds advanced or to reimburse for the cost
36 of the work-in-kind, with or without interest as
37 determined by the harbor commission. Except as
38 otherwise specified in this subdivision, the
39 reimbursement agreement shall comply with the
40 requirements of Section 53314.9 of the Government
91 340
1517 — 14—
Code.
Sec. 140.5. Nothing in this act authorizes the district
to exercise any powers-on state lands without the prior
written approval of the State Lands Commission.
Sec. 141. No provision of this act limits the power or
authority of the city, county, or any estate .agency with
jurisdiction within the district to regulate land uses
I within the district.
i Sec. 142. If the State Lands Commission determines `
that its lands, or any portion thereof, should be-.included
in the district, the .provisions of this act.shall not be
construed to conflict with the obligation of the state to
t . carry out its public trust responsibilities on those.lands.
i Seca 143. (a) If state lands are included in the district,
i those lands shall not be subject to any taxes, assessments,
i rates, fees, liens, or charges without its written consent.
! However, any;,enterprise function conducted on the
3 lands owned-- by the state, its assignees, lessees;
permittees, franchisees, or licensees .or others shall be
D subject to any uniform charges or surcharges as set forth
t in or pursuant to this act. The state or its lands shall not
be liable for nonpayment of those fees,assessments,taxes,
3 or charges.
4' } Water Piqtpie+
i of . We
in the di.
shallliet
be to way tomes;
7 .s,des-;. ems;or by the
gs written eotwent-
9 , they sheg be premed on to
d the amy effterprige
1 on the by , by its i ,
2 � ,per �.. .,�_, or. heerk&eft or by
3 metropoli aloee or or privatme,
4 , Leh is to its autherized
5 es; shag be subjeet to of
6 stirehafges as set forth m or pormftA to this aet-,provided
7 that op its lands shag met be gable fop
8 t of the fees; ass , o
9 ifftposed on e, fifftefietta,
0 gee:144- if t ceded
of ��n
- 15— SB 1517
1 the distri�, aey reventws eeHeeted by the diet
2 enterprise funetiom eeedoeted on state lames; eot
3 fteeded to deft-ey nera-A4 operating egipeiises related to
4 statues eendueted ift the e3striet, shall erAy be
5 a4eeated er sit fer pufpeses eensisteot the poblie
6 trot as detemiined by the State 16emds lossiee:
7 (b) Lands owned by the Metropolitan Water District
8 of Southern California (metropolitan), or the County of
9 Orange and special districts governed by the county
10 board of supervisors, which are included in the district,
11 shall not be subject to any taxes, assessments, rates, fees,
12 or charges by the district without the written consent of
13 metropolitan or the county. Ifinetrvpolitan or the county
14` require district services, they shall be provided on terms
15 acceptable to the district. However, any enterprise
16 function conducted on the lands owned by metropolitan
17 or by-the county, by its assignees, lessees, permittees,
18 franchisees, or licensees or by metropolitan or the county
19 alone or with another public or private entity, which is
20 not directly related to metropolitan's or the county s
21 authorized purposes; shall be subject to any uniform
22 charges or surcharges as set forth in or pursuant to this
23 act, provided that metropolitan or the county or their
24 lands shall not be liable for-nonpayment of the fees,
25 assessments, taxes, or charges imposed on enterprise
26 functions.
27 See. 144. Notwithstanding any other provisions oflaw,
28 any revenues received by the State Lands Commission
29 from enterprise functions conducted on state lands shall
30 be deposited by the commission in a trust account
31 designated the Bolsa Chiea Public Trust Account.
32 Consistent with the provisions of Section 415, those
33 revenues shall be allocated or spent solely for public trust
34 purposes within the Bolsa Chica land use plan study area,
35 including, but not limited to, the ongoing maintenance
36 and preservation of the restored wetlands, the provision
37 of services and facilities by the district to benefit state
38 lands, and the operation and maintenance of the harbor
39 facility.
40 If state public trust lands are included within the
91 390
1517 — 16—
district, any revenues collected by the district from
enterprise functions conducted on state lands shall only
be allocated or spent for purposes consistent with the
public trust as determined by the State' Lands
Commission.
Sec. 145. One of the purposes of the district 'is to
facilitate the coordination of the activities,programs, and
powers of the various federal, state, and local agencies
with the harbor, wetlands, oil and gas operations,
residents, and landowners in the project area in order to a achieve n .orderly, coordinated development that
enables restoration and protection of the Bolsa Chica
wetlands, construction of state and federally funded
harbor facilities if authorized and approved,coordination
with the California, Coastal Commission in conjunction
with county planning, and coordination of planning,
utilities, and services with the City of Huntington Beach
to facilitate annexation to the city in the manner
i provided in the annexation-development agreement
required by Section 149.
This act shall not impair the state sovereignty over its
lands within the project area or impair the state's ability
to control, operate, and,maintain its lands and resources
if included in.the district.
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
i does not conflict with or preempt any provision of the
certified Bolsa Chica Local Coastal Program or this act.
- Sec. 147. If any provision of this act or the application
of that provision to any persons or circumstances is held
invalid, the remainder of this act, or the application of
that provision to persons other than those to which it is
held invalid, shall not be affected.
Sec. 148. This act shall not become operative unless
the county local coastal program has been fully certified
and the city's certified local coastal program has been
amended, if necessary, to conform to the county's
91 420
- 17— SB 1517
1 certified program.
2 Sec. 149. This act shall not become operative unless
3 the city, county, and landowner-developer have entered
4 into an annexation-development agreement pursuant to
5 subdivision (b) of Section 65865 of the Government
6 Code.
7
8 Article 5. General Provisions
9
10 Sec. 150. Nothing in this act changes or repeals any
11 other law of this state unless expressly so stated.
12 Sec. 150.5. No provision of this act has the effect of, or
13 is intended to have the effect of,preempting, amending,
14 or superseding any provision of any land use plan
15 certified pursuant to the California Coastal Act of 1976
16 (Division 20 (commencing with Section 30000), Public
17 Resources Code),or any zoning ordinances,zoning maps,
18 or implementing actions required by Section 30513 of the
19 Public Resources Code.
20 Sec. 150.5. No provision of this act has the effect of, or
21 is intended to have the effect of,preempting, amendingg,
22 or superseding any provision of any land use plan
23 certified pursuant to the California Coastal Act of 1976
24 (Division 20 :(commencing with Section 30000), Public
i 25 Resources Code), or any zoning ordinances,zoningmaps,
26 or implementing actions required by Section 30513 of the
27 Public Resources Code. Nothing in this act, including the
28 creation of the district, shall supersede or modify the
29 coastal commission's independent responsibility to
30 determine the adequacy of the funding and
-31 implementation mechanisms in the implementation
32 program to carry out the Bolsa Chica Land Use Plan
33 consistent with the provisions of the California Coastal
34 Act of 1976.
35 Sec. 151. The rights, privileges, and immunities
36 created or continued in force by this act in favor of any
37 holder of title to land for his or her benefit and on his or
38 her behalf may be exercised by his or her legal
39 representative.
40 Sec. 152. Whenever an instrument is by this act
M AAA
1517 — 18—
required to be acknowledged, each signer shall
acknowledge the instrument in the manner provided by
law before his or her signature shall be effective.
Sec. 153. Except as provided in Section 29142 of the
Government Code, no supervisor, auditor, clerk, or any
other officer or employee of the county shall receive any
fee for any service required to be performed under this
act.
Sec. 154. Fees payable to the Treasurer pursuant to
this act shall be those established by the Treasurer
pursuant to Section 20018 of the Government Code.
Sec. 155. Elections authorized by this act are subject
to the Uniform District Election Law (Part 3
(commencing with Section 23500) of Division 14 of the
Elections Code).
Sec. 156: . The .district. is a "district" as defined by
Section 56036 :-of the Government Code. After the
establishment of the district, any proposed change of
organization or reorganization for which the district is a
subject agency shall be initiated, conducted, and
completed pursuant to Division 3 (commencing with
Section 56000) of Title 5 of the Government Code.
.Sec. 157. It is the intention of the city and
landowner/developer that the entire project area be
ultimately annexed into the city. In order to implement
the certified Bolsa Chica Local Coastal Program before
annexation,the landowners,the city,and the county may
enter into agreements, including, but not limited to, the
establishment of an urban service area pursuant to
Section 56080 of the Government Code, the adoption of
prezoning pursuant to Section 65859 of the Government
Code,the approval of development agreements pursuant
to Article 2.5 (commencing with Section 65864) of
Chapter 4 of Division 1 of Title 7 of the Government
Code,' or the relationship between annexation and
tentative maps and vesting tentative maps pursuant to
Section 66413 of the Government Code. After
annexation, the district shall continue to exercise its
powers concerning funding of wetlands restoration,
1 maintenance, and operation; assessments for federal cost
91 450
- 19— SB 1517
1 share repayment; small craft harbor operations and
2 related activities; sand replenishment; and assessments
3 against property within the district.
4 Sec. 158. Notwithstanding Article 5 (commencing
5 with Section 53090) of Chapter 1 of Part 1 of Division 2
6 of Title 5 of the Government Code, Article 7
7 (commencing with Section 65400) of Chapter 3 of
8 Division 1 of Title 7 of the Government Code, or any
9 other provision of law, the county or city in which a
10 facility, work, or improvement is located shall,not permit
11 any facility, work, or capital improvement of the district
12 unless and until the applicable local .government finds
13 that the facility, work, or improvement is consistent with
14 the general plan, certified local coastal program,
15 applicable specific plans, zoning ordinance, and
16 subdivision ordinance of the county.or city.
17 Sec. 159. Any: .construction, . .alteration, repair,
18 demolition, or other:,work done by., or for, the district,
19 including the acquisition of.-any work by .the district, is
20 deemed a "public ' work" and- subject to. Part 7
21 (commencing with Section 1720) of Division 2 of the
22 Labor Code, including the requirements of payment of
23 not less than: the general prevailing rate of per diem
24 wages pursuant to Section 1771:of the-Labor Code.
25 ;
26 CHAPTER 2. INTERNAL.'ORGANIZATION
27
28 Article 1. General Provisions
29
30 Sec. 200. The district shall,be governed by the-Bolsa
31 Bay Harbor and Conservation District .-Commission.
32 Except as provided by Section 204 - and Article 3
33 (commencing with Section 213),the commission shall be
34 composed of five members and shall have the
35 qualifications and shall be elected as set forth in Article
36 2 (commencing with Section 210).
37 Sec. 201. The terms of office of commissioners elected
38 pursuant to this chapter shall be four years.
39 Sec. 202. Except as otherwise provided by this
40 chapter, elections for commissioners shall be called for
91 470
1517 —20—
and held to coincide with the statewide general election
in November of each even-numbered year.
See. 203. All vacancies in the office of commissioner
shall be filled as follows:
(a) Vacancies for commissioners elected pursuant to
Article 2 (commencing with Section 210) shall be filled
by appointment by the remaining commissioners or, in
the absence of a majority consensus or of a quorum, by
the board of supervisors. -
(b) Vacancies for commissioners elected pursuant to
Article 5 (commencing with Section 240) shall be filled
pursuant to Section 1780 of the Government Code.
Sec. 204. All commissioners shall be electors of the
county.
Article 2. - Election of the First Commission
Sec. 210.- The district shall be governed by a
commission composed of five members, three of whom
shall be elected pursuant to this chapter, one shall be the E
county supervisor representing the supervisorial district
in which the district is located,and one shall be a member
of the City Council of the City of Huntington Beach.
Sec. 211. The first commission shall be elected at an
election conducted by the board of supervisors within 35
days following the formation of the district, as follows:
(a) Any person qualified to vote in elections
conducted pursuant to Article 1 (commencing with
Section 210) and this article shall be voters, as defined in
Sections 123 and 124.
(b) Nominating petitions for the position of
commissioner shall-be in writing and signed by voters
representing at least 10 percent of the assessed value of
land as shown by the last equalized assessment roll.
(c) No voter shall sign any more nominating petitions
than there are offices to be filled.
(d) If, on the 15th day prior to the date of the election
called by the board of supervisors, only one person has
been nominated for each position to be filled at that
election, an election shall not be held and the board of
91 490
—21 — SB 1517
1 1 supervisors shall appoint those nominated for the position
2 of commissioner.
3 (e) If an election is held, each voter shall have one
4 vote for each one dollar ($1) in assessed valuation of land
5 owned by the landowner.
6 (f) A majority of the votes cast shall be required to
' 7 elect a commissioner.
8 Sec.212. The first commission shall classify itself by lot
9 so that two commissioners shall hold office until the last
10 Friday in November 1988, and three commissioners shall
11 hold office until the last Friday in November 1990.
12
13 Article 3. Elections
14
15 Sec. 213. Each voter shall have one vote for each
16 dollar's worth of land to which he or she holds title. The
17 last equalized assessment roll of the county is conclusive
18 evidence of ownership and of the value of the land so
19 owned. However, the commission may determine, by
20 resolution, that the equalized assessment roll of the
21 county shall be corrected to reflect, in the case of
22 transfers of land, those persons who as of the 45th day
23 prior to the election appear as owners on the records of
24 the county.
25 Sec. 214. The commission may,by ordinance adopted
26 at least 90 days prior to any district election, determine
27 that voters shall thereafter be ascertained pursuant to this
28 section.
29 In that event, the county clerk shall prepare the voter
30 list required by Section 23527.5 of the Elections Code
31 based upon the last equalized assessment roll of the
32 county corrected to reflect, in the case of transfers of
33 land, those persons who, as of the 45th day prior to the
34 election, appear as owners in the county assessor's
35 records which the assessor will use to prepare the next
36 ensuing assessor's roll. Those records shall be conclusive
37 evidence of ownership and of the value of land so owned.
38 Where only a portion of a parcel of land has been
39 transferred, and the assessed value thereof and of the
40 remaining parcel are not separately stated upon the roll,
1517 --22—
estimated assessed values therefor shall be made by the
county assessor and those estimates shall,for the purposes
of this section, be considered the value of the land.
If more than one person or entity are shown as the
owners of record of a parcel of land, the county clerk shall
apportion the voting rights between the owners based
upon the respective record interests in the land, and for '
that purpose, the county clerk may consider such
information with respect thereto as the county clerk
deems correct, .proper,:and appropriate.,
Sec. 215. Every voter, , or his - or,, her .legal
representative, may vote at any district election either in
person or by a_person duly appointed as his or her proxy.
Sec. .216. No appointment of a proxy shall- be valid,
.accepted; or vote.allowed-thereon at any district election
unless it.meets all of the-following requirements:
(a) It:is in writing..., .
(b) It is executed-by the person or.legal representative
of the person who,in accordance with Section 213 or 214,
. is entitled to -the :votes for which.the proxy is given.
(c) It is acknowledged or certified in accordance with
Section,2015.5 of the .Code of Civil.Procedure.-.
4 (d) It specifies the election at which it is tQ be used.Ati
I. -appointment of a proxy shall be used only at-the election
i _specified.:
i (e) It shall be-on a form as specified by the county
l clerk as meeting the above requirements. .
3 Every appointment °of a-_proxy is revocable at the
) pleasure.of the person.executing it at any time before the
) person appointed as proxy has cast a ballot representing
1 the-votes for which the appointment was given.
Z Sec.- 217. Before a legal representative votes at a
3 district election,:the legal representative shall present to
4. -.the precinct'board a certified copy of his or her authority
5 - which shall be kept and. filed with. the returns of the
6 'election.
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J 1 Article 4. Alternative Method of Conducting
2 Elections
3
4 Sec. 220. The voting procedure within the district
5 shall be changed from that of a landowner voter district
6 to that of a resident voting district at the time that the
7 commission determines by a resolution adopted pursuant
8 to this article.
9 Sec. 221. Between Pew -1 amd Febtuary 28
10 November I and January 31 of each year, the secretary of
11 the district shall inspect the assessable area within the
12 district.
13 At that time when at least 50 percent of the assessable
14 area within the district is devoted to and developed for
15 residential,industrial,or nonagricultural commercial use,
16 or any combination thereof, that fact shall be certified to
17 the commission by the secretary of the district. Upon
18 receipt of verification from the registrar of voters
19 pursuant to Section 228.
20 Any time after that certification, the resident voters
21 registered to vote within the district may petition for a
22 change in the voting procedure from a landowner voter
23 district to a resident voter.district.
24 Sec. 222. The petition shall be signed by not less than
25 25 resident voters of the district who represent not less
26 than 25 percent of the total number of resident voters of
27 the district.
28 Seca 223. The petition shall be substantially in the
29 following form: The secretary of the district, having
30 previously certified to the board of commissioners of the
31 district that at least 50 percent of the assessable area
32 within the district is devoted to and developed for
33 residential,industrial,or nonagricultural commercial use,
34 or any combination thereof, the undersigned voters who
35 reside within the boundaries of the district hereby
36 petition the board of commissioners thereof to hold all
37 elections on the basis of a resident voter district rather
38 than a landowner voter district.
1517 —24—
i
Date Signature Address
Q
See. 224. Each petition shall be signed and dated by
resident voters of the district and shall show their
residence address.
Sec.225. . Each page of the petition which contains the
signature of one or more registered voters shall show
thereon-the affidavit of the circulator in the following
form:
.The �undersigned circulator of the above petition
hereby declares under penalty of perjury that the
circulator of this petition was over the age of 18 years,and
that the signatures hereon are the signature of the person
named and;were signed in,the presence of the circulator.
:Sec.- 226.. All, signatures on the petition shall be
obtained within the ._six-month period immediately
preceding the filing thereof..
Sec.227. .The petition shall be filed with the secretary
of:the distriet at least six months prior to the date of the
next general district election. Attached to the petition
shall'be the-name and address of at least one, but not
more :than three, persons to.be notified of the results of
the examination of the petition.
. Sec. 228. Within 30 days of receipt by the secretary,
the petition shall be transmitted to the registrar of voters
1 and verified as follows:
1• (a) The registrar of voters shall examine the signatures
►. and from the records of registration ascertain whether or
i not the petition is signed by the requisite number of
l registered voters.
i (b) The registrar of voters shall attach to the petition
) a certificate showing the total number of valid signatures
) thereon, the total number of registered voters within the
91 580
-25— SB 1517
1 district as of the date of filing the petition, and a
2 determination as to the sufficiency of the petition.--
3 Sec. 229. If the number of signatures is not sufficient,
4 a supplemental petition, bearing additional signatures,
5 may be filed with the secretary of the district within 10
6 days from the date on which the registrar of--voters
7 certified the results of the original petition. The
8 supplemental petition shall be verified in the same
9 manner as the original petition. If the signatures on the
10 petition are still insufficient, no action shall be' taken
11 thereon. The petition shall remain on file 'as :a public
12 record and failure to secure sufficient signatures'sl'all not
13 prejudice the later filing of an entirely new petition.
14 Sec. 230. -If the petition contains at least-25 valid
15 signatures and if the total number of valid signatures on
16 the petition constitutes 25 percent or more" of the
17 registered voters within the district'as of the date of filing
18 the petition, the secretary shall-prepare a certificate -to
19 that effect.A copy of the certificate-shall be forwarded by
20 certified mail to each person designated to be•notified of
21 the results of the examination of the petition.
22 Sec. 231. After the preparation of the"certificate, the
23 district shall hold a meeting and shall adopt` "resolutiofi
24 declaring that all future elections in the district-shall he
25 conducted as a resident voter district rather than- a
26 landowner voter election. If at all possible, the meeting
27 shall be held in time to allow residents to qualify as
28 resident voters in the next district election.
29 Sec. 232. The secretary of the district shall file with
30 the county clerk a certified copy of the resolution. The
31 secretary shall cause a copy of the resolution' to be
32 published once a week for three successive weeks in a
33 newspaper of general circulation within the district.
34 Sec. 233. After adoption of the resolution by the
35 commission, all elections within the district for elective
36 offices, bonds, or other purposes shall be conducted
37 under laws relating to resident voter districts and all
38 provisions of this article shall prevail over any contrary
39 provisions in this act relating to landowner voter
40 procedures.
1517 —26--
Sec. 234. All commissioners thereafter elected shall
be residents and qualified voters of the district at the time
of their election and during their term of office. The
commissioners need not be landowners.
Sec. 235. At the first election of commissioners
following the adoption of the resolution by the
commission establishing a resident voter district, the
number of commissioners to be elected shall correspond
with the number of commissioners whose terms expire.
The commissioners whose terms have not expired shall
serve their unexpired terms under the qualifications to
hold office that existed prior to the adoption of the
resolution establishing a resident voter district.
Sec. 236. The adoption of a resolution changing the
method of voting shall in no way invalidate any prior acts
of the`district, its commissioners, officers, or employees.
Sec. 237. Any bonds, promissory notes, contracts, or
other obligations of the district, authorized or issued in
any manner provided by law, and any proceedings taken
by the district in connection therewith, prior to the
adoption of the resolution changing the method of voting,
shall not be affected by that resolution and the obligations
shall' continue' to be legally authorized or issued
obligations.
Article 5. Establishing Divisions
Sec. 240. The district may be divided into as many
divisions as there are elected commissioners of the
district.
The establishment of the divisions and the boundaries
thereof shall be made by the board of supervisors, which
shall make that division, if requested, by a resolution
passed by a majority of the commission or upon a petition t
signed by a majority of eligible voters within the
boundaries of the district. The resolution or petition shall
be filed with the board of supervisors at least 150 days
before the next general district election. No petition shall
be filed any later than 150 days preceding the next
general district election.
91 620
—27-- SB 1517
1 Sec. 241. Before taking action on the petition or the
2 resolution requesting the establishment of divisions, the
3 board of supervisors shall hold a hearing and shall hear
4 any evidence .produced to establish the. validity of the
5- :petition or resolution and any further evidence as may be
6 necessary as to divide the district into divisions.
7 Sec. 242. Within;10,days after the hearing, the board
8 of supervisors., if it determines that the, resolution or
9 petition -is valid, shall immediately order the
10 establishment of divisions in the district as nearly equal
11 in area as maybe practicable and;shall-file a copy of the
12 order with the commission.
13 Sec. 243. After the entry of the .order. establishing
14 divisions within the district, only one.commissioner shall
15- be elected from each of the ,divisions, so,established.
16 . . Sec: 244. The entry of the order,dividing the district
17 into. divisions shall not affect ,:the term . of any
18 --commissioner until his or.tier:term;expires:
19 Sec. 245. At least,120 days prior to,the next general
20 district election, the board-of.supervisors shall designate
21 the divisions from which commissioners shall be elected.
22 The number. designated :..shall equal .the number of
23 commissioners to be elected at that election. At:the next
24 succeeding general district election, the commissioners
25 shall be elected from the remaining divisions.
26 Sec. 246. At the time the district is established as a
27 resident voter district and whenever thereafter sufficient
_ 28 change in the population,occurs in the district which, in
29 the discretion of the commission,.makes. it necessary to
30 relocate the boundary or boundaries of any division or
31 divisions,the commission shall,by resolution,relocate the
32 boundary lines of the division or divisions so as to
33 equalize, as nearly as may be practicable, the population
34 in the respective divisions. However, no change in
35 division boundaries shall be made within four months
36 immediately preceding the election of any commissioner,
37 and no change shall work a forfeiture of the office of any
38 commissioner. The relocation of boundary lines of
39 divisions may be made without regard to the places of
40 residence of the commissioners then in office.
01 ain
1517 --28—
Article 6. Officers and Employees
Sec. 250. The officers of the commission shall include
a president, secretary, and treasurer, and may include a
vice president.
Sec. 251. The commission may consolidate the offices
of secretary and treasurer.
Sec. 252. The duties of the officers of the commission,
and any standing committee thereof, shall be described
in the administrative code of the.district.
Sec. 253. The officers of the district may include all of
the following:
(a) The chief executive officer.
(b) The finance officer.
(c) An attorney.
(d) A chief engineer.
Sec. 254. All officers and employees of the district
shall be appointed by the commission and serve at its
pleasure when those positions are required to be filled
and shall not be concurrently employed by the
landowner/developer corporation.
Sec. 256. The 'commission, except as otherwise
specifically provided, shall manage and conduct the
business and affairs of the district and may delegate its
powers to any officer or employee of the district.
Sec. 257. The rules, responsibilities, and procedures
for the officers of the district shall be described in the
administrative code of the district and shall be exercised
according to the policies and standards established by the
commission.
Sec. 258. All meetings of the commission shall be held
and conducted pursuant to Chapter 9 (commencing with
Section`54950) of Division 2 of Title 5 of the Government
Code. The commission may meet as frequently as is
necessary to satisfactorily conduct the business of the
district, but shall meet no less than six times in any one
calendar year.
Sec. 259. Compensation for the commissioners shall
i be fixed in the administrative code in an amount not to
91 650
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! 1 exceed one hundred dollars ($100) per day for each day's
2 attendance at meetings of the commission or for each
3 day's service rendered as a commissioner by request of
4 the commission, not to exceed a total of six days in any
5 calendar month, together with the reimbursement of any
6 expenses incurred in the performance of duties required
} 7 or authorized by the commission.
8
9 CHAPTER 3. GENERAL POWERS
10
11 Sec. 300. The district has the power ,generally to
12 perform all acts necessary or proper to carry out fully this
13 act.
14 Sec. 301. The commission may adopt a seal for the
15 district and alter it at pleasure.
16 Sec. 302. The district may take by grant, purchase,
17 gift, devise, lease, or otherwise acquire, hold, and enjoy
18 and lease and dispose of, real and personal property of
19 every kind within or outside of the.district, necessary to
20 the full or convenient exercise of its powers.
21 Sec. 303. The district may exercise the power of
22 eminent domain to acquire or improve any private
23 property necessary or convenient to the purposes
24 specified in this act. However,in no case shall the district
25 exercise its power of eminent domain iri a,manner which
26 results in a net reduction of wetlands acreage,
27 environmentally sensitive habitat areas acreage, or fish
28 and wildlife habitat values. The district shall have no
29 power of eminent domain outside its boundaries.
30 Sec. 304. The district may issue bonds,borrow money,
31 and incur indebtedness as authorized by this act.
32 The district may also refund any indebtedness as
33 provided in this act or any other applicable law, and may
34 also refund any indebtedness by the issuance of the same
35 type of obligations as those refunded and following the
36 same procedures as at that time may be applicable to the
37 issuance of those obligations, and may retire any
38 indebtedness or lien that may exist against the district or
39 its property.
40 Sec. 304.5. No bonds, assessments, or obligations
91 670
1517 —30—
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. le the event
the harboris ptws to See ier�
904;two pebhe wAe, �sly atively Pete for sidekQ
finaneW bonds, asps; e .
Sec.,305. As to any service which the district may
perform pursuant to this act, the district may contract for the performance of that service with the county, the city,
another district, or any agency of the state or of the
United States, except as otherwise provided in this act.
Sec. 306; In order to carry out this act, the district or
its authorized.representatives have the right of access to,
and may -to ,.the, extent: permitted by the laws and
Constitution of the state, enter upon land within the
district: - - . _
The entry. of the district or its authorized
representatives does not constitute,and does not give rise d
to, any cause�of action in favor of the owners of the land,
except for . Injuries resulting from negligence,
wantonness;-or malice.
Seca 307-.'. ,The.district may execute, by its president
and 'secretary; all contracts and other documents
necessary -to carry out the provisions of this act.
Sec. 308. The district may commence and maintain
any actions and proceedings to carry out its purpose or
protect its interests and .may defend any action or -
proceeding brought against it.
Sec. 309. . The district may disseminate information to
the public concerning,the rights,properties,policies,and
activities of the district.
Sec. 310. The commission shall adopt an
administrative code for the district, which code shall
include, but not necessarily be limited to, the following:
(a) The organization of the commission and the duties
of its officers and committees.
(b) The duties of and the extent and scope of
delegation of authority to the chief executive officer of
91 690
-31— SB 1511
1 the district.
2 (c) The rules and regulations governing employeE
3 standards, wages, benefits, and general duties.
4 (d) The rules and regulations governing the use of
5 property owned by the district and establishing the
6 conditions under which the district will engage in and
7 maintain its services.
8 (e) The manner in which the commission shall meet:
9 legislate, and generally conduct .the business of the
10 district.
11 Sec. 311. The commission may adopt, by ordinance;
12 rules and regulations to be incorporated into the
13 administrative code of the district, and may provide
14 therein the conditions and circumstances under which
15 the district shall furnish services or facilities to persons or
16 lands within or outside of the district or to carry out any
17 other provisions of this act, including provisions for the
18 collection of fees, charges, assessments, and the.method
19 of enforcement, collection, and penalties for
20 noncompliance.
} 21 Sec. 312. The rules and regulations may provide that
22 the facilities or other services,authorized,by this act shall
23 not be furnished to (1) persons who violate the rules and
24 regulations or against whom there are delinquent water,
25 sewer, standby, facility, or other charges, or.penalties or
26 interest on any of those charges or (2) land against which
27 there is a delinquent assessment.
28 Sec. 313. At least 30 days prior to adopting the rules
29 and regulations, the commission shall adopt a resolution
30 of intention,set a date,and give notice of a public hearing
31 on the proposed ordinance establishing the rules and
32 regulations. The resolution and the notice shall describe
33 the scope and nature of the rules and regulations and
f 34 indicate the penalty for violation thereof.
35 Notice shall be provided pursuant to Section 6061 of the
36 Government Code. In addition, the city and the county
37 shall be provided with 10 days' written notice of any
38 public hearings.
39 Sec. 315. The district may enter into agreements with
40 the United States for purposes of repayment of the
1517 —32—
federal funds to construct such improvements and
facilities as may be authorized pursuant to federal, state,
and local laws, and as described in the Water Resources
Development Act of 1986,and to operate and maintain in
perpetuity the ocean entrance, waterways, and
associated facilities.
Sec. 316. The district may join with the United States,
the state, the county, the city, a district, or other public
or private corporation, or one or more or any
combination thereof, for the purpose of carrying out any
of the powers of the district, including, without
limitation, provisions for the financing of acquisitions,
construction, developments, and operation.
CHAPTER 4. WETLANDS.CONSERVATION AND STATE
LANDS
Article 1. Restoration of Wetlands and Transfer of
Additional Lands to State
See: 4W. The distriet shah enter iato afr agreement t
vAth the State 36aods Gemmission and the Department of y
Fish -emd Game, the owners of any lamis within the
district; wvy ftgeney or M the
wegan4s;and the projeet prepeeeete to take aty aid alb
aetioos agreed upon to m eet wetlande resteratiee;
preside seetwe €fig setrrees for wetlmds restereAen
and metintemen ifr pew aid to emereise alb 4 its
powers set forth in this aet to ewe eemplete restoration of the wetlmds 19,y 4nplementiag the wetlands
resteratiert phut in eemphemee with the Belsa Ghiea Leeal
Coastal Pregran, when eertified.
Sec. 400. The district shall be responsible for securing
additional funds to implement and carry out the wetlands
restoration plan.
Except as specified in Section 143, additional funds for
implementing and carrying out the wetlands restoration
plan may be secured from assessments, fees, or charges
on property or activities, including, but not limited to,
residential uses, harbor commercial uses, marina uses,
91 740
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1 slips, and wharfage within the district.
2 To provide assistance to carry out this function, the
3 district may seek contributions from other governmental
4 agencies, persons, or entities and enter into contracts
5 with federal, state, and local agencies and private project
6 proponents or others to secure funds for the wetlands
7 restoration plan.
8 Sec. 401. The district shall enter into an agreement
9 with the State Lands Commission and the Department of
10 Fish and Game, the owners of any lands within the
11 district, any agency or organization _managing the
12 wetlands, and the project proponents to take any and all
13 actions agreed upon to implement wetlands restoration,
14 provide secure funding sources for wetlands restoration
15 and maintenance in perpetuity, and to exercise all of its
16 powers set.forth in this act to,ensure complete restoration
17 of the wetlands by implementing the wetlands
18 restoration plan in compliance with the Bolsa Chica Local
19 Coastal Program, when certified. That agreement shall
20 provide, among other things, the conditions upon which
21 the Department of Fish and Game, or other agency or
22 organization; managing the wetlands, may require that
23 the wetlands restoration fund specified in subdivision (b)
24 of Section 700 be appropriated and applied for wetlands
25 restoration purposes or to fund the cost of wetlands
26 maintenance and operation consistent with Sections 701
27 and 703. The agreement shall also provide for the method
28 of funding and the amount to be appropriated to the
29 capital reserve fund specified in subdivision (d) of
30 Section 700.
31 Sec. 405. The State Lands Commission holds title to
32 the excess of 300 acres of public trust lands within the
33 Bolsa Chica area which are operated and maintained by
34 the Department of Fish and Game as an ecological
35 reserve. Notwithstanding any other provision of this act,
36 the State Lands Commission shall have the right of first
37 refusal to accept title to all lands not already owned by
38 the state designated in the land use plan for wetlands,
39 except lands or interests in lands owned by the County of
40 Orange and special districts governed by the county
Ui 7sn
1517 —34—
board of supervisors for public utilities, parks,
recreational, and flood control purposes. If the State
Lands Commission does not accept these lands, they may
be conveyed to an agency as provided in the land use
plan.
Sec. 406. If the state acquires ownership of additional
lands within the district, those lands, at the option of the 1
state, shall be detached from the district pursuant to
subdivision J* (b) of Section 50.
I Sec. 407. Upon acquisition of additional lands by the
state within the district, those lands may be detached
from the district pursuant to subdivision (d) of Section 50
t and the district shall discharge all assessments, charges,
i liens, taxes, or fees thereon.
i -
i Article 2. Relationship Between Wetlands
' Restoration and Development
3
See: 499. There shall be it minimum of 945 aeres of
high quality,fully firnetiening wetlands and 868 aeres of
l sensitive habitat areas ereated er
3 restored ensite 4a the Belle Chies sty area,as required
3 by the Beta Gkiea lid Use Plan dated Deeeffber Y%5;
4 and een ienady eked by the eea�stal ..
i de-Velop3nent widtin the Asa Chien stedy area shah.be
i in eenfereaanee with the Wetlands Resterw4en Nan
T prepared as part of the Relsa lea beeal 6eastal
3 Pregratn and with the bielegieal reseurees manageme
eempenents pekeies of the $olsa Ghiea Land Use Plwtr
) AftyehangestatheBelsaCNea wand Use flan are subjeet
1 to the review and epproyal of the eoastal 17 -
Z Sec. 409. (a) There shall be a minimum of 915 acres
3 of high quality, fully functioning wetlands and 86.8 acres
4 of ESHA created or restored onsite in the Bolsa Chica
5 study area. The 915 acres of wetlands shall be designed to
6 ensure creation and restoration ofa central wetlands area
7 consisting of no less than two-thirds of the total wetlands
6 to be created or restored pursuant to the land use plan.
9 Development in the wetlands area shall occur in phases
0 with phased restoration preceding phased development )
91 780
-35— SB 1517
1 in conformance with the wetlands restoration plan
2 prepared as part of the certified Bolsa Chica Local
3 Coastal. Program and the biological resources
4 management components policies of the Bolsa Chica
5 Land Use Plan. Development in the wetlands area shall
6 occur in phases with .phased restoration preceding
7 phased development in conformance with the Wetlands
8 Restoration Plan prepared as part.of the certified Bolsa
9 Chica Local Coastal Program and the biological resources
10 management components policies, of the Bolsa Chica
.11 Land Use Plan.
12 (b) In addition to requirements of the certified Bolsa
. 13 Chica Local Coastal Program, before any commercial,
14 residential, or harbor development in the lowlands is
15 commenced, any private developer proposing that
16 wetlands development shall,oause twelve million dollars
17 ($12,000,000);to be deposited in.the-wetlands restoration
18 fund specified in subdivision (b) ofSection 700, including
- 19 funds receivedpursuant.to Section 410.In lieu of twelve
20 million dollar- ($12;000,000) cash deposit, that lowlands
21 development maybe commenced ifa bond.by.a good and
22 sufficient,surety or a letter of credit or equivalent, as
23 approved by the State Lands Commission,.is issued to the
24 district on behalf of those- developers- for .the sum,of
25 twelve mullion dollars ($12,000,000); less' amounts on
26 deposit pursuant to Section 410. The deposit shall.not he
27 considerd a financial limit on the developers obligation
28 to cause the creation or restoration of wetlands.pursuant
29 to this act or the local. coastal program.. The.funds on
30 deposit shall be used to assure creation or restoration, of
31 the wetlands within - the district. as. specified in the
32 agreement with the State Lands Commission, the
} 33 Department of Fish and Game, landowners, agency or
34 organization managing the wetlands and project
35 proponents specified in Section 401. The funds.on deposit
36 also may be used for the costs of operation and
37 maintenance of the wetlands within the district pursuant
38 to the Section 401 agreement as provided in Section 703.
39 Restoration for wetlands shall proceed in accordance
40 with Sections 411 and 412 of this act and other applicable
91 790
1517 -36—
policies of the certified Bolsa Chica Local Coastal 1
Program.
(c) The funds deposited in the wetlands restoration
fund pursuant to subdivision (b) herein, other than
amounts deposited pursuant to Section 410, shall be
reimbursed to the extent paid by any private developer
according to the terms of the agreement specked in
Section 401.
(d) In the event there are funds remaining after
completion of restoration and reimbursement pursuant
to subdivision (c), the remaining funds shall be placed in
the wetlands maintenance and operation fund specified
in subdivision (c) of Section 700. Should there be any
shortfall in the amount needed to complete restoration,
the district shall exercise its powers to raise sufficient
funds to do so.
Sec. 410. The development rights on the mesa area
within . the district shall be. conditioned on the
i requirement that,as a condition of sale of each residential
i 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
E Section 700. However, the initial deposit of one thousand
eight hundred dollars ($1,800) per dwelling unit does not
i in any way limit the district's authority to levy additional
amendme assessments on the mesa area as may be
j needed to assure adequate funding to accomplish
restoration and maintenance of the wetlands and
environmentally sensitive habitat areas, as specified in
l the Bolsa Chica Land Use Plan.
3 Sec. 411. (a) Prior to any residential, commercial,
3 small craft harbor, or other development in the wetlands
t located in the land use plan study area,all of the following ?
> shall occur.
i (1) A wetland area no less than one and one-half times
T as large as the wetland area proposed for development
3 shall be created within the land use plan study area.
However, once 63 more acres of wetlands have been
) created than have been lost to development, so that 915 )
91 820
-37— SB 1517
1 acres of wetlands exist, wetland areas equal to the
2 wetland area proposed for development shall be created
3 within the land use plan study area.
4 (2) A wetland area no less than one and one-half times
5 the size of the wetland area proposed for development
6 shall be restored to a condition of high quality. Where
7 wetlands acreage above 852 acres is to be restored but
8 land within the designated wetlands restoration areas is
9 unavailable, interim onsite or offsite restoration may be
10 accomplished with the former being of higher priority.
11 (b) If interim offsite restoration is chosen, it shall be
12 completed only if all of the following occur:
13 (I) Two acres are restored for each acre lost.
14 (2) At no time shall there be less than 852 acres of
15 wetlands unless agreed to by the city, county,State Lands
16 Commission, Coastal Commission, and Department of
17 Fish and Game in consultation with affected landowners.
18 (3) upon replacement of interim offsite restored
19 wetlands with the required onsite restored wetlands, the
20 interim ofisite wetlands shall be permanently maintained
21 and protected.
22
23 Article 3. Agreement between Between the District,
} 24 the State Lands Commission, the Department of Fish
25 and Game, and ether ageneies or ergarAzaiens Other
26 Agencies or Organizations
27
28 See- 41-5, ire State bands GefftfrAssien; the
29 Pepaftment of Fish and Game; amy ageney or
30 ergaftigat4 hekling title to or manages the wetlands,
31 aftd the ERAT-ie shall enter into a joint pewers er ether
32 affeement rela6ng to theip respeetive par-eels of
33 p!eperty v�4h4ft Belsa Ghiea
34 eke sgfeement may preN4de few among ether things,
35 the tingeing fnaintenan ftftd preserveA4 of the
36 restored • e the aheeatien of mefte�, a d re e
37 a'�ted frem distriet and state lames; the previsien of
38 sefN4ees 4y the distrlet to benefit state lames; and the
39 eperat4ett ftftd maintettan of the harber faeility.
40 See- 41-6, The Peiga=t===efft of Fish and Game; in
91 840
3 1517 --38—
1 ease with the Slate bates G , an
2 age;WY eIF On holding tide to of managing the
3 e aPA the distriet shi& amwagy adopt a budget
4 and managem program to implement the eeg rg
3 maintenan and preset of a fitnekoninge
5 habitat puisttemt to the leeal eeas , when
7
5 The }dies sheA proNxide, in the agreement deseribed
9 in Seetiee 44&,- Ote means by whieh ftinds _Ohi& be
0 ides and obtained €-em leeal an other sues; .
1 ineladi g the weds ee-ser—J eft € to administer
2 the eageiegmainteftan and preservatiee of the
3 was ptirstiant to the wetlands restoration :in
4
5 Sec. 415. The State Lands Commission, the
6 Department of Fish and Game, any public agency
7 holding title to the wetlands, any agency or.organization
8 managing the wetlands pursuant to Section 401, and the
9 district shall enter into a joint powers or other agreemen t
0 for each of their respective parcels of property within D
1 Bolsa Chica.
2 The agreement shall provide for, among other things,
3 the ongoing maintenance and preservation of the
4 restored wetlands; the allocation of money and revenue
5 collected from district and state lands; the provmon of
6 services by the district to benefit state lands; and the
7 operation and maintenance of the harbor facility.
8 Sec. 416. The Department of Fish and Game, in
9 cooperation with the State Lands Commission, or any
,0 public agency holding title to the wetlands,or any agency
11 or organization managing the wetlands pursuant to
2 Section 401, and the district shall annually adopt a budget
13 and management program to implement the ongoing
14 maintenance and preservation of a full functioning and
15 viable wetland habitat pursuant -to the local coastal
16 program, when certified.
17 The parties shall provide, in the agreement described
18 in Section 415, the means by which funds shall be
19 identified and obtained from local and other sources,
10 including the wetlands maintenance and operation fund, 1
91 860
— 39— SB 1517
` 1 to administer the ongoing maintenance and preservation
2 of the wetlands pursuant to the wetlands restoration plan
3 in perpetuity.
4
5 Article 4. Abatement of Solid Wastes
6
7 Sec.420. For purposes of this chapter,the district may
8 acquire or lease equipment, construct appurtenances,
9 hire personnel, or enter into contracts with private
10'. persons or other governmental agencies,to abate,collect,
11 and dispose of solid wastes, the presence of which
12 threatens or potentially threatens the public health,
13 wildlife, or the wildlife habitats in the district.
14 Sec. 421. This article is supplemental to state law and
15 local ordinances govering the control and abatement of
16 solid wastes by public health agencies, and any programs
17 or activities undertaken by the district or any rules and
18 regulations adopted pursuant to Section 311.
19 The purposes of this article shall be consistent with the
20 policies, programs, and rules and regulations of any state
21 or local agency having primary responsibility for the
22 control or abatement of solid waste within, or
23 immediately adjacent to, the district.
24 Sec. 422. For purposes of this article, "solid wastes"
25 means all putrescible and nonputrescible solid,
26 semi-solid, and liquid wastes, including garbage, trash,
27 refuse, . paper, rubbish, ashes, industrial wastes,
• 28 demolition and construction wastes, abandoned vehicles
29 and parts thereof, discarded home and industrial
30 appliances, manure, vegetable or animal solids, and
31 semi-solid wastes, and other discarded solid and
32 semi-solid wastes.
y 33
34 Article 5. Flood Control
35
36 Sec. 425. The purpose of this article is to provide for
37 coordination with other governmental agencies having
38 jurisdiction to control flood and storm waters, or runoff
39 from irrigation, commercial, and residential sources,
40 from either within or outside of the district, that present
91 880
1517 —40—
a threat, potential threat, or that would adversely affect
wildlife, wildlife habitat, or ecological balance of the
wetlands, or the harbors, waterways, or public roads
within the district.
To the extent that those other agencies do not have
specific jurisdiction or programs to control or manage
those flood, storm, or runoff waters, the district may
control and manage those waters.
Sec. 426. In carrying out this article, the district shall
give priority to the restoration, enhancement, and
maintenance of the wetlands, and shall cooperate with
and comply with the ordinances, policies, and rules and
regulations of the Orange County Flood Control District.
CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS
Sec.500. If an ocean entrance and harbor facilities are
approved in accordance with applicable laws, the district
may enter into agreements or contracts to operate,
maintain, construct, or develop all, or any portion, of
these facilities with any federal or state agency, county,
city, district, or any combination thereof, having
jurisdiction over or authority to manage those ocean
t entrance and harbor facilities. Nothing in this chapter
requires any of the above governmental entities to enter
► into agreements or contracts with the district even if the
governmental entities acknowledge and agree that the
s operation of the small craft harbor will involve the
i district and private parties and that the activities of all
1 involved parties shall be coordinated. The disWet sheA
not emereise its powersinamanner whieh eases
' Pe. -s the publie from a gsi rupen na�vigAle
3 Viers %4h4" the eeeam epee ad harber faeilities. 1
E Sec. 500.1. The public shall not be charged for use of
i any navigable waters nor shall the public be restricted
i from the use ofnavigable waters within the land use plan
l study area except for health and safety purposes or
3 protection of wetlands and environmentally sensitive
) habitat. Only vessels owned or operated by public
) entities may use navigable waters restricted pursuant to
—41— SB 1517
1 this section.
2 Sec. 501. The agreements or contracts entered into
3 pursuant to Section 500 may authorize the district to
4 acquire,construct,reconstruct,improve,repair,develop,
5 maintain, and operate, a harbor and all facilities
6 appurtenant thereto, connected therewith or incidental
1 7 thereto, including, without limiting the generality of the
8 foregoing, the following:
9 (a) The acquisition, reconstruction, repair, and
10 maintenance of vehicle parking areas, landscaping,
11 appurtenant utilities, bulkheads, seawalls, wharves,
12 docks,ways,ferry slips,warehouses, streets,roads,drives,
13 parkways, avenues, approaches, marinas, aquatic
14 playgrounds, beach parks, bathing beaches, and other
15 recreation facilities, together with structures and
16 facilities incidental thereto.
17 . (b) The acquisition, construction, reconstruction,
18 repair, maintenance, operation, . development, and
19- regulation of fueling, loading and unloading, towing,
} 20 repairing, warehousing, shipping. and reshipping, and
21 other facilities, aids, equipment, or property necessary
22 for, or incidental to, the development and operation of
23 the harbor.
24 .(c) The acquisition,. construction, reconstruction,
25 repair, maintenance, and operation of fire protection
26 apparatus, and sanitary and other facilities necessary for
27 the proper protection of the harbor.
28 (d) Adopt rules and regulations for the use of harbor
.29 facilities and the naNigAle ocean entrance.
30 Sec. 502. Any county, city, or other political
31 subdivision or agency of the state, hereafter referred to
32 as "public agency," which has been invested by grant
33 from the state with the ownership, possession, control, or
34 management of tidelands and submerged lands or any
35 other lands lying under, washed by, or abutting the
36 Pacific Ocean, or inland waters of the state,including the
37 beds of navigable rivers, streams, lakes, bays, estuaries,
38 inlets, and straits, may, with the prior written consent of
39 the State Lands Commission, agree in writing that the
40 district shall, for the term stated in the writing, have all
4i ozn
1517 --42—
or any right, title, and interests of the public agency and 1
exercise all or any jurisdiction of the public agency in the
lands over the lands or any portion thereof.
Sec. 503. The district may lease any property,
whether real or personal, and any interest therein to, of,
and from any person, firm, or public or private
corporation, or public agency with the privilege of 3
purchasing or otherwise.
Sec. 504. Any rules and regulations adopted by the
district for the use of harbor facilities -and.any ocean
entrance may include, but are, not limited to, the
following:
(a) The regulation of anchoring, mooring, towing,
wharfage, and dockage of vessels and the establishment
and collection of rates, fees, and charges therefor.
(b) The establishment and collection of rates,fees,and
charges for service from or use of any of the facilities
owned, controlled, furnished, or operated by the district-
(c) The supervision of pilots and the pilotage of all
vessels within the harbor facilities and any ocean
entrance and the establishment and collection of fees and
charges therefor.
(d) The issuance of licenses and permits for privileges
to be exercised in and about the harbor facilities and any
ocean entrance upon equal terms and the establishment
and collection of rates, fees, and charges therefor..Funds
collected pursuant to this section shall first be utilized for
sand replenishment purposes as specified in Section 509.
Sec. 505. The district may sell and issue franchises
relating to the harbor facilities and any ocean entrance
and its works, appurtenances, properties, and rights in
accordance with any procedure which may be prescribed
by ordinance.
Sec. 506. The district may advertise its advantages 1
and solicit business within or outside the district, within
other states or any foreign countries, through its
employees or agents.
Sec. 5M. For the purpose of carrying out fully this
chapter, the district may enter into an agreement with
the state or the county, or both, for the operation and J
91 950
-43— SB 1517
1 maintenance of any of the facilities acquired,
2 constructed, or within the jurisdiction of the district
3 pursuant to this article, including state lands.
4- Sec. 508. All or a portion of the harbor facilities and
5 the ocean entrance may be constructed by funds
providedby he federal government
7 Wat r Resources Development Act of 1986uant to the
8 See- 589- If an eeea entraftee is aetheeimed aed
9 swde`e ,the distriet shall ffkaftAain the sand supply to
10 'the beaches %404tt the htteral eell from A"aheint$ay to
11 Ne"ert Beet so that the meem high tide hne deer net
12 meat Edward 4em the hfte eKistitg pf4eT- to
13 eenstrue of the eeeam enter,as determined by the
14 State 16emd GewdiFiissie The distriet shall preN4de seetre
15 ftmding fer the maintenem of the saed supply to the
16 beaeh p4-a to eemtrttet4ee of em eeeam epee.
17 See. 509. (a) If an ocean entrance is authorized and
18 constructed, pursuant to the certified Bolsa Chica Local
19 Coastal Program, the district shall be responsible for and
20 shall maintain the ocean entrance and the sand supply to
21 the beaches within the littoral cell from Anaheim Bay to
22 Newport Bay so that the beach width and profile, taking
23 into accountnormal seasonal changes, does not vary from
24 the range of the beach width and profile existing prior to
25 the construction of the ocean entrance. Upon creation of
26 the district, the State Lands Commission shall make an
27 initial determination of the range of the beach width and
28 profile taking into account historical shoreline positions
29 which represents normal seasonal changes and prior sand
30 replenishment activities.
31 The State Lands Commission shall monitor the width
32 and profile of the beach on a seasonal basis and report its
33 findings to the City of Huntington Beach, County of
34 Orange, district, and California Department of Parks and
35 Recreation, the coastal commission, and the U.S. Army
36 Corps of Engineers. The district shall then take necessary
37 and appropriate action to ensure the beach continues to
38 be maintained consistent with the criteria of the corps
39 and coastal permits.
40 (b) The district shall provide funding to the State
91 980
1517 —44--
Lands Commission for such studies and surveys as may be
necessary for the determination specified in subdivision
(a).
(c) The district shall provide secure funding for the
maintenance of the sand supply to the beaches as
specified in subdivision (a) prior to construction of an
ocean entrance.
t (d) In addition, the district, shall participate pro rata
in the existing or any modified or new federal sand
i replenishment program and shall be responsible for any
l increases in the costs of the sand replenishment program _
which is attributable to the navigable ocean entrance.
3 (e) The district shall also be responsible for the cost of
1 maintenance and operation of any sand bypass systems if
i required to transfer sand from either side of the
3 navigable ocean entrance and any structures necessary to
T protect the beaches from sand loss.
3 (f) Consistent with the other provisions of this act, to
a fulfill its responsibilities under this section, the district
may seek funding from any source.
1 (g) Nothing in this section shall relieve any federal,
2 state,. or local agency of its existing responsibility under
3 law or contract to participate in any sand replenishment
4 .activities
5 )
6 CHAPTER 6. WATER AND SEWER FACILITIES
7
8 Article 1. General Provisions
9
0 Sec. 600. The district shall finance and construct
4 water and sewer facilities necessary for development of
;2 the property within the district.
3 Sec. 601. At the time of connection of any residential �
A or commercial structure, improvement, or group of
3 structures or improvements to the water or sewer
16 systems acquired or constructed by the district, the
47 district shall dedicate and the city shall accept dedication
18 of all portions of the water and sewer systems necessary
19 to provide water and sewer service to those structures or
10 improvements.
91 0
-45— SB 1517
1 Sec. 602. Upon dedication of all or any portion of the
2 water and sewer system to the city, the city shall
3 thereafter provide water and sewer services on a uniform
4 basis without discrimination to all properties with water
5 and sewer connections on the dedicated portions. The
6 city shall operate the system to allow the nondedicated
7 portions to serve the project area in a timely and
8 reasonable manner.
9 Sec. 603. The city may impose a water rate and a
10 sewer fee for the provision of water and sewer services to
11 users within the district which will cover the cost to the
12 city of providing those services, including a reasonable
13 surcharge.
14 Sec. 604. At the time of dedication of the water or
15 sewer systems to the city, a connection fee shall be paid
16 in an amount specified by applicable city ordinances.
17 Sec. 605. Neither-the district nor the city may impose
18 a water rate or water fee on the delivery, transmission,or
19 provision of unappropriated nonpotable water used in
20 connection with the implementation of-the wetlands
21 restoration plan. Except for flood control purposes, the
22 district shall not restrict, direct, or terminate the flow of
23 nonpotable water required for the restoration and'for
24 maintenance of the wetlands. Nonpotable water
25 includes, but i+ not htnited t,&-, feasible is not limited. to,
26 freshwater runoff arising from the southern bluffs and the
27 Wintersburg Flood Control Channel and tidal waters.
28
29 Article 2. Sewer Facilities
30
31 Sec. 620. The district may acquire, construct,furnish,
32 maintain, and repair facilities for the collection,
33 transportation, treatment, and disposal or reclamation
34 and reuse of sewage.
35 Sec. 621. Any sewer system designed and constructed
36 by the district and any improvements thereto shall be
37 designed and constructed in accordance with the
38 requirements of the city for those facilities, shall be
39 compatible and connect with the existing systems within
1 40 the city, and shall be approved by the city engineer.
91 10
1517 —46—
Sec. 624. The district may construct its sewers in
public streets or roads and in its rights-of-way and, for
that purpose, may enter upon those lands and make all
necessary and proper excavations,restoring the land and
improvements to proper condition. .
The work of restoring and repairing any public street
in the district shall be done under the supervision of the
city department of public works at cost.to the district and
in accordance with the standards established by the city.
Sec. 628. The district ,may require any resident or
property owner who' desires to have ..any structure
connected'to a district owned or operated sewer system
to pay a proportionate share of the cost of.that system if
the property upon which the structure is located had not
been assessed for its share of the cost of the acquisition,
construction, or installation of the sewer system or the
landowner had failed to"pay the assessment.
Article 3.- Water Facilities
Sec. 630. The district may acquire, plan, construct,
maintain, improve, and repair the necessary works for
the production, storage, transmission, and distribution of
water for irrigation, domestic, industrial, and municipal �
purposes.
Sec. 631. Any water system designed and constructed
by the district and any improvements thereto shall be
I designed and constructed in accordance with the
requirements of the city for the facilities, shall be
compatible and connect with the existing systems within
the city, and shall be-approved by the city engineer.
Sec. 632. The city shall supply and deliver water to
the area during the development stage of the project at
E a reasonable charge for providing those services, plus a
i reasonable surcharge.
i
Article 4. Alternative Provisions
t
1 Sec. 640. If the city is unable or refuses to accept
1 dedication of the sewer service or water system or
91 30
—47— SB 1517
1 provide services related thereto, until such time as the
2 city is able or consents to provide those services, the
3 district may contract with another agency for the
4 services. If no such agency is available, the district may
5 acquire, control, distribute, and sell any water, and
6 provide sewer service for the beneficial use or uses of the
7 district or its inhabitants.The district may impose a water
8 rate and a service fee for provision of water and sewer
9 services within the district pursuant to this section.
10 Sec. 641. Any groundwater production activities of
11 the district shall be undertaken in compliance with the
12 well registration, replenishment assessment, and basin
'13 equity limitation and assessment provisions of the
14 Orange County Water,District Act (Chapter 924 of the
15 Statutes of 1933).
16 Sec. 642. The district shall not store water within the
17 Orange County groundwater basin,nor shall it undertake
18 any groundwater replenishment or groundwater
19 management or regulation functions without first
20 securing the consent, by resolution, of the governing
21 body of the Orange County Water District to conduct
22 those _ : groundwater storage, replenishment,
23 management, or regulation activities.
24 Sec. 643. The district shall not sell, distribute,
25 transport, or convey groundwater produced from the
26 Orange County groundwater basin outside the
27 boundaries of the Orange County Water District.
28
29 CHAPTER 7.- FINANCIAL PROVISIONS
-30
31 Article 1. Annual Budget
32
33 Sec. 700. The commission shall annually provide for
34 the appropriation of money for the use of the following
35 funds:
36 (a) A general fund which shall consist of money
37 received by the district and not specifically appropriated
38 to any other fund and may be allocated for the operations
39 and maintenance of district facilities or services not fully
40 supported by any other fund.
91 30
1517 —48—
(b) A wetlands restoration fund which shall consist of
money received from any source, including district
revenues specifically allocated for the purposes of
Chapter 4 (commencing.with Section 400).
(c) A wetlands maintenance and operation fund
which shall have funding preference over any other
ftmds speei iealfy adeeated fey the ptwpeses of Ghapter 4 )
Seetiee 44&)-.
-(d* expenditures from the district general fund that
are not designated .to pay fixed obligations. Fixed
obligations shall be Amited to bonded indebtedness for
capital -facilities and federal cost share repayment.
Maintenance and operation shall include funding of
routine, minor, and major capital repairs.
(d) A wetlands capital reserve fund for emergency
repairs to the wetlands in an amount to be determined by
the agreement-specified-in Section 401. After.this fund
reaches its required amount, interest earnings shall be
applied to annual wetlands maintenance and operation as
specified in subdivision (c) of Section 706. .
(e) A federal cost-share fund which shall consist of
money received from revenues specifically allocated for
I the purposes of Chapter 5 (commencing with Section
i (f) A bond redemption fund which shall consist of
! money received from revenues specifically allocated for
3 the payment of interest and principal on any outstanding
bonds of the district.
l (g) A sand replenishment fund which shall consist of
money received from any source, including district
3 revenues, specifically allocated for the purposes of
1 Section 509. )
i See: 791- 9n or befer-e }tee 4.5 of eaeh year-, the
3 k sly adept a prey budget whAeh sal
7 eeftfem to the eteeetinting preeedures for speeieg diets
3 and the bodge#ing pre es for speed diets of the
Cede. Gepies of the
bedget shah be fe arded to the State 16mds
91 80
-49— SB 1517
1 Gemmissieftr,the Department of Fish and fie;aid a"
2 ageftey or holding title to or managing the
3 wetlands, by Ju4y I of eaeh year for their re in
4 eensisteet with the budget respettsibilities set forth ift
5 Seetiee 416-. The age}}eies shad have 30 dafs ie which to
6 rem the prelkmiftary bodget and to provide eee3ments
7 to the harbor eft the adequaey and
8 suffieieftey of the btAget for eentributie to the ftxds
9 identified i33 subdivisio s J* and {O of Seetion 790:
10 Sec. 701. On or before June 15 of each year, after
11 conferring with the Department of Fish and Caine., the
12 State Lands Commission, and any public agency holding
13 tide to the wetlands or agency or organization managing
14 the wetlands pursuant to Section 400, the harbor
15 commission shall adopt a preliminary budget which shall
16 conform to the accounting procedures for special districts
17 of the California Code of Regulations. Copies of the
18 preliminary budget shall be forwarded to,each of.those
19 agencies byJuly 1 of each year for their review consistent
20 with the budget responsibilities set forth in Section 416.
21 The agencies shall have 30 days in which to review the
22 preliminary budget and to provide comments to the
23 harbor commission on the adequacy and sufficiency of
24 the budget for contribution to the funds identified in
25 subdivisions (b) and (c) of Section 700. The Department
26 of Fish and Game or any agency or organization
27 managing the wetlands shall submit the budget for
28 wetlands maintenance and operation for the next
29 ensuing fiscal year to and including September 14. The
30 budget shall be reasonable based on sound biological and
31 engineering standards necessary to maintain the fish and
32 wildlife wetlands acreage and values at optimum levels
33 which are applicable to the wetlands identified in the
34 wetlands restoration plan and are in existence or, will
35 come into existence during the next fiscal year.
36 Sec. 702. The preliminary budget shall provide
37 appropriations from the general fund, the wetlands
38 conservation fund, the federal cost-share fund, and the
39 redemption of any long- or short-term debts of the
40 district.
91 120
t 1517 —50—
See- 795- B,-t September 45 of eaeh the
sMW adept the finalbudget. Gepies of the
t firms imdget sha be forwarded to the State bads
t GewAnissieo;the Departme of fit and Game,the eity;
i and the eel -
Artiele 9: Adff4fgstrat4oft of s
3
See- 71$: The eammissiett ffmy e4ftblish arm transfer
meeey frem the geeera}ftmd to any other€tmds it deems
ltteeesqwy to eat etA this aet and alleeate reyeftuft to
the ftmds in hee of a4eeating them to tte gexeral ftted:
3 No reveettes aReeated to the ftmds deseribed
4 in Vision {b}; {e}; or 4* of Seetiee 7% miery be
i or alleeated to any ether ftmd-.
3 Sec. 703. By September 15 of each year,-the harbor
T commission shall adopt the final budget which shall
3 include the amount set forth for wetlands maintenance
) and operation as specified in Section 701. Copies of the
) final budget shall be forwarded to the State Lands
t Commission, the Department ofFish and Game, the city,
L and the county. If the districtfails to or is prevented from
3 appropriating all or any of the funds requested by the
4 agency or organization managing the wetlands for
i maintenance and operation of the wetlands within the
3 district, then, upon written notice from the agency or
7 organization managing the wetlands, the district shall
3 appropriate such additional funds needed to fulfill the
9 budgeted amount or, should the need arise, funds for
0 major capital repairs from the wetlands restoration fund
2 specified in subdivision (b) of Section 700 consistent with
2 the standards set forth in Section 701 pursuant to the
3 provisions of the agreement set forth in Section 401.
4 Sec. 704. Consistent with the other provisions of this
5 act, to fulfill its responsibilities under this article, the
6 district may seek funding from any source, except the
7 California Environmental License Plate Fund and the
8 Fish and Game Preservation Fund.
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1 Article 2. Administration of Funds
2
'3 See. 710. The harbor:-commission shall establish the
4 amount necessary for and transfer money from the
5 General Fund for wetlands maintenance and operation
6 before it establishes and transfers money for any purpose
7 other than to pay fixed obligations .as set forth in
8 subdivision (c) of Section 700. Also, it may establish and
9 transfer money from the General Fund to any other
10 funds it deems necessary to carry out this act and allocate
-11 revenues to the funds in lieu.of allocating them to the
12 General-Fund: No revenues specifically allocated to the
13 funds described in subdivision (b), (c), or (d) of Section
14 700 may be transferred or allocated to any other fund,
15 except for the limited use of;the private developers'
16 twelve million dollar ($12,000,000) deposit as set forth in
IT Sections-401,.409, and 703.
18 Sec. 711. The commission may, pursuant to Section
19 53653 of the Government Code, invest surplus money
20 available from any fund and may pool money from two
21 or more funds for investment purposes.
22 Sec. 712. If the commission.pools and invests money
23 from separate funds, a portion of'the earnings.received
24 from investment shall be allocated to each. fund in
25 proportion to the amount contributed from each fund to
26 the investment pool.
27 Sec. 713. The Treasurer shall, pursuant. to Section
28 53646 of the Government Code, annually render to the
29 commission a statement of investment,policy and shall
30 provide a detailed monthly report on all investments,
31 including the types of investments, .the rate of earnings
32 of each, and the distribution of investment earnings.
} 33 Sec. 714. All money in custody of the district not
34 otherwise invested shall be deposited for safekeeping
35 pursuant to Section 53635 of the Government Code.
36 1
37 Article 3. Federal Repayment, Assessment
38
39 Sec. 730. Prior to the adoption of the preliminary
40 budget each year, the chief executive officer shall
01 inn
B 1517 —52--
1 prepare a report estimating the amount of money j
2 needed for the purposes of the federal cost-share fund.
3 See. 731. If .the commission determines that the
4 money available in the federal cost-share fund is
5 insufficient to meet the amount estimated by the chief
6 executive officer, the commission shall adopt a resolution'
7 of intention to levy an assessment within the federal
8 repayment district established pursuant to Section 800.
9 Sec. 732. The resolution of intention shall specify the
0 amount of money needed to be raised by assessment and
1 establish a date, place, and time for a public hearing.
2 Notice of the hearing shall be published pursuant to
.3 Section 6066 of the Government Code, and specify a
4 place and time where the resolution and report of the
.5 chief executive officer may be seen by interested persons.
.6 Sec. 733. Prior to the hearing, the commission shall
.7 determine the need to establish a zone or zones within
.8 the federal repayment district. Each zone for which an
.9 assessment shall be levied shall be established pursuant to
0 Article 2 (commencing with Section 810) of Chapter 8 )
J and referred to as a participating zone.
2 The commission shall determine the proportional
0 amount of the total assessment that shall be borne by each
14' participating zone based upon the benefits derived by
0 the respective zones.
.6 It is declared that, for purposes of any assessment
!7 levied under this article, the property so assessed within
,8 a given zone is equally benefited. -
39 Sec. 734. At the time and place fixed for the hearing,
30 or at any time to which the hearing may be continued,
11 the commission' shall consider all written or . oral `
32 objections to the proposed assessments. During the
33 course of the hearing, the commission may establish new
34 zones or exclude established zones from participation,
35 may change the boundaries of zones, or may reduce or
36 increase the amounts to be assessed within each zone.
37 Sec. 735. At the conclusion of the hearing, the
38 commission may abandon the levy of the proposed
39 assessments or approve them as originally proposed or as
40 amended during the course of the hearing.
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1 Sec. 736. If the commission abandons the levy of the
2 proposed assessments, no further proceedings related to
3 assessments for the federal cost-share fund may be
4 undertaken for a period of not less than six months
5 following the conclusion of the hearing.
6 Sec. 737. If the commission approves the levy of
7 assessments, no additional assessments related to the
8 federal cost-share fund may be implemented for a period
9 of not less than one year following the effective date of
10 the levy of the first assessment.
11 Sec. 738. Revenues generated through assessments
12 levied pursuant to this article shall be deposited in the
13 ' federal cost-share fund and shall be used for the purposes
14 for which that fund is established.
15 Sec. 739. Assessments levied pursuant to this article
16 shall be a lien on all the property benefited thereby.
17 Liens for those assessments shall be of the same force and
18 effect as other liens for taxes, and their collection may be
19 enforced by the same means provided for in the
20 enforcement of liens for state and county taxes.
21 Sec. 740. No assessments may be levied by the district
22 on property outside district boundaries.
23
24 Article 4. Improvement and Benefit Assessments
25
26 Sec. 750. The district may levy assessments to finance
27 capital improvements pursuant to the Improvement
28 District Act of 1911 (Division 7 (commencing with
29 Section 5000) of the Streets and Highway Code), the
30 Improvement Bond Act of 1915 (Division 10
31 (commencing with Section 8500) of that code), and the
32 Municipal Improvement Act of 1913 (Division 12
33 (commencing with Section 10000) of that code).,
34 Sec. 751. The district may levy benefit assessments
35 pursuant to the Benefit Assessment Act of 1982 (Chapter
36 6.1 (commencing with Section 54703) of Part 1 of
37 Division 2 of Title 5 pf the Government Code).
38 Sec. 752. All county officers charged with the duty of
39 collecting taxes shall collect, upon request of the
40 commission, district assessments levied pursuant to this
91 210
1517. —54--
chapter with the general county taxes, with the same
penalties and interest, and, when collected; shall be paid
to the district.
Sec. 753. Assessments levied pursuant to this article
shall be alien on all of the property benefited thereby.
Liens for those assessments shall be of the same force and
effect as other liens for taxes, and the collection,may be
enforced by the same -means as provided for in the
enforcement of liens for state-and col inty taxes:
Sec.754. Annual assessments and-finarlcial obligations
imposed pursuant to-this act, including, but-not limited
to, general obligation 'bonds, revenue- bonds,
improvement district bonds, and standby charges, shall
not exceed 1 percent of the'assessed value of the piety
land and improvements thereon within the district,�-as
established by the latest equalized assessment-rolls.
Sec. 755. Notwithstaziding any-other ,section of this
c act, the district -shall not -impose any. fees,- special
assessments,assessments, or taxes on oil or gas in place`or
on the removal, processing, storage, or sale #Hereof
Article 5. ' Rates, Charges, and'Fees
Sec. 766. The district may, in lieu; or-in whole or,in
part,of raising money for district purposes by assessment,
i make water capacity available to the holders of title"-of
land-or the occupants thereon, and may fix and collect
charges therefor. The' charges may include standby
1 charges to landowners 'to which water may be' made
) available whether-the water is actually used-or not.
l ' The charges may' vary in different 7 months and
different localities of the district to correspond to the cost
3 and value of the service,and the district may use so much
1 of the proceeds of the charges as may be needed to defray
3 the ordinary operation or maintenance expenses of the
i district and for any lawful district purpose.
T Sec. 761. The commission may fix; regulate, and
3 collect rentals,fees, or charges for the parking of vehicles
4 in panting areas under the district's control;°and may
) provide rates for different classes of customers or users.
91 220
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1 1 Sec. 765. Prior to fixing or amending fees or charges
2 for the parking of vehicles, the commission shall adopt a
3 resolution of intention to do so, which resolution�shall
4 establish a date, time, and place for a public hearing no
5 sooner than 30 days after adoption of the resolution of
6 intention.
1 7 Notice of the hearing shall be provided pursuant to
8 Section 6061 of the Government Code at least 15: days
9 prior to the hearing.A place and time shall be established
10 for any interested person to review the proposed fees or
11 charges the commission intends to fix.
12 Sec.766. The proceeds of the fees and charges for the
13 parking of vehicles shall be placed in the district's general
14 fund and expended for the maintenance, operation,
15 repair,and improvement of parking places under control
16 of the commission.
17 Sec. 767. At the end of each fiscal year, the excess of
18 revenues from parldng fees and charges over the
19 expenses of operating and maintaining such fees and
20 charges system, as determined by the district finance
21 officer, shall be transferred to the wetlands maintenance
22 and operation fund specified in subdivision (c) of Section
23 700. The commission shall direct the district's finance
24 officer to determine if the proceeds of parking fees and
25 charges were in excess of the costs of normal operations,
26 -maintenance, and repairs.
27 If the finance officer determines an excess exists, the
28 commission shall transfer the amount of the excess from
29 the general funds to the wetlands conservation fund to be
30 used thereafter for the purposes and duties of the district
31 as provided in. Chapter 4 (commencing with Section
32 -400). j
33 Sec. 768. The commission may fix and alter rates of
34 wharfage charges, slip fees, anchorage fees, and 'other
35 charges for the use or right of use of any facilities
36 ' constructed, owned by, or under the control of, the
37 district pursuant to this act.
38 Sec. 769. The commission may establish an annual
39 surcharge, in addition to charges and fees authorized-by
40 Section 768,for use of district-owned facilities,whether,or
91 260
3 1517 —56—
1 not those facilities are under control of the district, a }
1 lessee, or another governmental agency.
3 Sec.. 770. Proceeds from surcharges collected
I pursuant to Section 769 shall be deposited in the wetlands
5 conservation fund or the federal cost-share fund or the
5 sand replenishment fund for uses for which those funds
7 are established by this act. The commission shall 1
3 determine annually the disposition of the proceeds'of
4 surcharges prior to the adoption of the annual budget.
Sec. 771. The commission may establish a schedule of
1 charges or fees pursuant to, and for any purpose
Z permitted by, Chapter 13 (commencing with Section
3 54990) of Division 22 of Title 5 of the Government Code.
4 Sec. 772. The schedule for charges and fees shall be
5 adopted or amended annually prior to the adoption of the
5, annual budget and shall be considered at the time of the
7 hearing set for the consideration of the annual.budget.
5
4 Article 6. Real Estate Transfer Tax or Fee
1 Sec. 774. The district may not levy any form of real
L estate transfer tax or fee for any purpose associated with
3 the Bolsa C:hica land development.
5 Article 7. . Short-Term Borrowings
7 Sec. 790. If money is needed for the immediate
3 requirements of the district in any fiscal year to pay
obligations lawfully incurred and before receipt of
revenues for the fiscal year is sufficient "to meet
1 payments, money may be borrowed pursuant to Article
2 7 (commencing with Section 53820) of Chapter 4 of Part
3 1 of Division 2 of Title 5 of the Government Code.
4 �
5 Article 8. Bonded Indebtedness
5
7 Sec. 792. Subject to subdivision (g) ofSection 140,and
5 Sections 149, 304.5, 754, and 799, and any other provision
9 or lunmitation of this act, the district may issue bonds
D pursuant to Article 5 (commencing with Section 53345)
91 280
i
=57— SB '1517
1 of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the
2 Government Code. Any special tax .levied by' any
3. community facilities district formed by the district�shall
4 be apportioned on the basis of benefit received by
5 properties within the community facilities district from
6 the facilities financed by such special tax. Should any
7 provision of this act conflict with any provision of the
8 Mello-Roos Community Facilities District Act of 1982, as
9 amended, the provisions of this act shall prevail.,'
10 Sec. 793. For the purpose of issuing bonds, the district
11 may exercise the authority and be subject to the
12 provisions and limitations of Chapter 2 (commencing
13 with Section 35950) of Part 6 of Division 13 of the Water
14 Code. The commission shall have, With respect to the
15 issuance of bonds, the same rights, powers, duties, and
16 responsibilities as the board of directors of a California
17 water district.
18 Sec.794. For the purpose of issuing general obligation
19 bonds, the district shall be subject to the authorization,
20 limitation, and procedures of Chapter 3 (commencing
21 with Section 36150) or Chapter 3.5 (commencing with
22 Section 36250) of Part 6 of Division 13 of the Water:'Code.
23 The commission shall have, with respect to the Wuari'e,
24 sale, redemption, and other miscellaneous provisions
25 pertaining to the and
of general obligation
26 bonds provided in that Chapter 3 or 3.5, the same rights,
27 powers, . duties, and responsibilities of the board :of
28 directors of a California water district.
29 Sec. 795. For the purpose of issuing,revenue bonds,
30 the district shall be subject to the provisions, procedures,
31 and limitations of Chapter 4 (commencing with Section
32 36300) of Part 6 of Division 13 of the Water`Code. Tlie
33 commission shall have, with respect to the issuance, sale,
34 and administration of revenue bonds and ' other
35 miscellaneous provisions of that Chapter 4, the same
36 rights, powers, duties, and responsibilities of the board.'of
37 directors of a California water district.
38 Sec. 796. Improvement districts consisting .,'of
39 contiguous or noncontiguous portions of the territory,;of
40 the district may be formed, and bonds and warrants of
1517 —58—
the district may be issued for those improvement districts
pursuant to Chapter 4.9 (commencing with Section
36410),Chapter 5 (commencing with Section 36450),and
Chapter 6 (commencing with Section 36455) of Part 6 of
Division 13 of the Water Code. The commission shall
have, with respect to the formation of improvement
districts and the issuance of bonds therefor, the same
rights,powers, duties, and responsibilities of the board of
directors of a California water district.
I Sec. 797. For the purpose of the levy and collection of
assessments and other provisions of law related thereto,
the district shall be subject to the provisions,proceedings,
! and limitations of Part 7 (commencing with Section
1 36550) of Division 13 of the Water Code. The commission
i shall have, with respect to assessments, the same rights,
i powers, duties, and responsibilities of the board of
T directors of a California water district.
3 Sec. 798. Prior to the completion of the ittvesti&44ef
) investigation by the District Securities Division of the
) State Treasurer's Office undertaken pursuant to this )
l article, the commission shall by resolution notify the
Z board of supervisors that it intends to provide for the
3 issuance of bonds. The resolution shall be accompanied
4 by a report which describes the plan of the project to be
5 financed with the proceeds of the bonds in such detail as
6 the county auditor-controller may require and shall also
7 be accompanied by such other information as the
8 auditor-controller may require, including a copy of any
9 report available from the District Securities Division of
0 the State Treasurer's Office concerning those
.1 proceedings.
,2 Sec. 799. (a) No later than 120 days following receipt
,3 of the district's resolution of intention, the board of
4 supervisors shall by resolution make findings regarding
5 the following:
;6 (1) The extent to which the facilities or works to be
!7 acquired or constructed with the proceeds of the bonds
18 are needed to accomplish the purposes of the certified
19 Bolsa Chica Local Coastal Program and are in compliance
10 with the limitations and conditions of that program. 1
91 320
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1 .(2) That the amount of the annual assessments for
2 standby charges, existing bond issues, and bonds to be
3 issued deer emeeed I pereent of the assessed valtte of
4. the lwtds %404n the distriet, based upen the S
5 la#est.eked assessment rells: issued complies with
6 . Section 7,54.
1 + . 7, ThO the preeeeds of the heeds shA e�Ay be used
8 to aeqttwe or eens"et pttblle vents er publie faeilities
9 thea be defamed eeta" er ei ty
10 of er .as provided by the
• 11 - developmentagreeiftent. speeiRod in 8eeSeo 449,
12. -. (3) That the proceeds of the bonds shall only be used
'13,.,to acquire or construct major public works and public
.14 facilities as defined by-this act or further defined by the
15. development agreement specified in Section 149. Major
16. public:works or major public.facilities mean any of the
17 following:
(A) Major arterial street, hi; ghway, and bridge
19 improvement• (i.e., PCH, Warner , Avenue, Bolsa
- ; 20,-Chita-Garfield Connector, Bolsa Chica`Boulevard Mesa
21 Connector).
22 (B) train line water collection, distribution, and
23 storage facilities (i.e., offsite water wells, onsite storage
24 facilities and onsite and offsite backbone distribution
system)
26 (C) Mainline sewer collection, treatment and disposal
. 27 facilities (i.e., Bolsa-Garfield Connector, 'coastal trunk
28 sewer line, slater pump improvements).
29 (D) Major storm drainage and flood control facilities
30 (i.e., Win tersberg Flood ,Control Channel; wetlands
31 protection, Huntington-Seacliffrunoff, Huntington Mesa
32 runoff, Bolsa Mesa runoff)..
33 (E) Wetlands,and ESHA restoration improvements.
34 (F) Regional public park and recreation facilities (le,
35 Linear Regional Park, Huntington Central Park, regional
36 bicycle and equestrian trail system).
37 (G) Public small -craft harbor and navigable ocean
38 entrance facilities.
39 (H)- Public facilities related to beach. erosion,
�. 40 stabilization, .and sand bypass operations.
91 340
1517 —60—
(I) Police, fire, library, and similar facilities.
(b) No bonds shall be issued prior to the adoption of
an affirmative finding on each of the issues set forth in
subdivision (a) and the board of supervisors concludes
that the issuance is in the public interest. A certified copy
of the board of supervisors' resolution shall be filed with
the clerk of the district, the City Clerk of the City of
Huntington Beach, and the Chief of the District ,
Securities Division of the State Treasurer's Office within
the 120-day period specified in subdivision (a).
t
CHAPTER 8. FEDERAL REPAYMENT, WETLANDS
RESTORATION, AND BEACH MAINTENANCE DISTRICT,
ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS
Article 1. Federal Repayment District
Sec. 800. If the district enters into an agreement to
obtain funds to construct, operate, and maintain a
navigable ocean entrance and related facilities pursuant )
to Section 500, it may establish a federal project
repayment district within all or a portion of the district
to repay all federal costs as agreed to by the parties to the
agreement. )
That district shall consist of lands that will generate
revenues from any source, which revenues shall be
allocated for deposit in the federal cost-share fund and '
used for the purposes for which that fund is established
by this act.
Sec. 801. The federal repayment district may consist
of separate zones of benefit established pursuant to
Article 2 (commencing with Section 810).
The types and levels of assessments or charges levied
within each zone shall be, as near as is practical, related
to the benefits received within each zone. The type and
level of assessment or charge shall be uniform within
each zone.
Sec. 802. Zones of benefit formed for purposes of this
article shall be established, altered, or dissolved as
provided in Article 2 (commencing with Section 810), )
91 370
—61 — SB 1517
1 except that no zone established as provided in this article
2 shall be altered or dissolved so as to impede or hinder the
3 district from fulfilling its obligations or responsibilities as
4 a party to any agreement entered into pursuant to
5 Section 500.
6
1 7 Article 2. Zones of Benefit
8
9 Sec. 810. The district may establish zones of benefit
10 within any portion of the territory of the district. The
11 zones may be established, providing the commission
12 makes either of the following findings:,
13 (a) The land or inhabitants within the zone will
14 receive special benefit from the services or programs
15 provided within the zone or that special circumstances
16 require the district to extend a service or a higher level
17 of service to the area of the zone than that which is
18 required in other portions of the district.
19 (b) .The land or inhabitants of the zone may be subject
20 to additional charges or assessments for the services or
21 programs extended to the zone or for services which are
22 provided at a higher level than in other areas_ of the
23 district.
24 Sec. 811. Upon making findings pursuant to _Section
25 810, the district may adopt a resolution of intention to
26 form a zone and to set a date, time, and place for hearing
27 on the resolution. Notice of hearing shall be provided
28 pursuant to Section 6066 of the Government Code.
29 Sec. 812. Prior to the adoption of a resolution of
30 intention, the district shall direct the chief executive
31 officer to prepare a report describing the area
32 recommended for inclusion in the zone, the programs,
33 improvements, or services to be undertaken, and an
34 estimate of the amount of cost thereof. The report shall
35 include an analysis of the method or alternative methods
36 by which funds shall be provided for those programs,
37 improvements, or services, and the amount to be borne
38 by each of the inhabitants or landowners within the zone.
39 Sec. 813. Upon acceptance of the chief executive
i 40 officer's report and adoption of the resolution, of
91 380
1 1517 —62—
. intention, copies of the report shall be made available to
any resident or property owner within the proposed zone
I and to any other person upon written request:
E Sec. 814. No sooner than 35 days or later than 70 days
i after the adoption of the resolution. of. intention, the
i district shall hold a hearing and consider protests to the
formation of the zone. Any time prior to the conclusion j
1 of the hearing, any resident voter or landowners within
) the district may file a written protest or withdraw a
) protest previously filed.
l Sec.815. A protest by a resident voter.shall contain his
or her signature and an address sufficient to enable.the
3 place of residence to be ascertained. A protest by a
1 landowner shall contain his or her signature and a
i description of the land owned sufficient to identify the
i land. A public agency owning land within the zone shall
l be deemed a landowner-for .the purpose of making a
3 written protest.
Sec. 816. For`protests signed by a resident voter, the
secretary-of the district shall compare the names of the )
1 signers against the list of registered voters in the office of
Z the county registrar of voters. For protests signed by
3 landowners, the secretary of the district shall compare
1 the names and property descriptions on the protest
i against the- property ownership records of the county )
3 assessor.
1 Sec. 817. At any time prior to the conclusion of the
3 hearing, the district.may include or exclude territory
3 from the proposed zone. If more territory is included,the
district shall continue the hearing for a period of time _
1 sufficient for residents or owners of land within the added
Z territory to file protests as provided in Section 814.
3 Sec. 818. A majority protest shall be deemed to exist
I if the district finds that protests filed and not withdrawn
i prior to the conclusion of the'second hearing represents
5 either of the following:
7 (a) More than 50 percent of the voting power of the
B resident voters residing within the proposed zone.
9 (b) More than 50 percent of the assessed value of the
0 land within the proposed zone.
4i arxi
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1 Sec. 819. If the district finds that a majority protest
2 exists,the proposal to establish a zone shall be abandoned
3 and no new proposal to form a zone, including
4 substantially the same purposes, shall be considered by
5 the district for a period of two years following the date of
6 the conclusion of the hearing.
7 If a majority protest has not been filed, .the district,
8 within 35 days of the conclusion of the hearing, shall
9 adopt a resolution approving or disapproving
= 10 establishment of the proposed.zone.
11 Sec. 820. Any proposal to include territory to, or
12 exclude territory from,a zone shall be subject to the same
13 provisions and proceedings as a proposal to establish a
14 zone, except for both of the following:
15 (a) In addition to considering and weighing protests
.16 from residents or property owners .of the land to be
17 included or excluded, the district shall also consider and
18 weigh the protests of residents and property owners
19 within the zone to or from which the territory is proposed
20 to be included or excluded.
21 (b) If the district finds that a majority protest exists
22 within either the territory or the affected zone or the
23 territory to be included or excluded, the proposed
24 inclusion or exclusion shall be abandoned.The absence or
25 existence of a majority protest shall be determined as
26 provided in Section 809.
27 If a majority protest does not exist, the district shall
28 adopt a resolution approving or disapproving inclusion or
29 exclusion.
30 Sec. 821. Any proposal to dissolve a zone shall be
' 31 subject to the same proceedings provided for in this
32 article to establish a zone.
33 Sec. 822. A proposal to establish, dissolve, or include
34 or exclude territory from a zone may be initiated by a
35 petition containing the signatures of not less than 25
36 percent of the registered voters or landowners
37 representing not less than 25 percent of the assessed
38 value of the territory which would be affected by the
39 proposal.
40 Sec. 823. The secretary of the district, in determining
91 420
1517 —64—
the sufficiency of a petition filed pursuant to Section 813,
shall follow the same procedure for evaluating protests as
provided by this chapter. Upon certification by the
secretary that a petition is sufficient, the district shall
undertake proceedings provided for by this chapter.
CHAPTER 9. MISCELLANEOUS
Sec. 900. No reimbursement is required by this act _
pursuant to Section 6 of Article XIII B of the California
Constitution because this act is in accordance with the -
request of a local agency or school district which desired
legislative authority to carry out the program specified in
this act and because the other costs which may be
incurred by a local agency or school district will be
incurred because this act creates a new crime or
infraction,changes the definition of a crime or infraction,
changes the penalty for a crime or infraction, or
eliminates a crime or infraction.
O
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�
PROCEEDINGS OF
NN THE CITY COUNCIL AND
BOLSA CHICA SB1517
�
OF THE CITY OF HUNTINGTON BEACH
. /
FEBRUARY 11, 1988
�
COUNCIL CHAMBER OF THE HUNTINGTON BEACH CITY HALL
�
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3
1 I N D E X
•
PAGE
ROLL CALL . . . . . . . . . . . . . . . . . 5
4
• OPENING BY MAYOR ERSKIN . . . . . . . . . . . . 5
MS. FROBERG . . . . . . . . . . . . . . . . . . 10
6
MR. MALFORD . . . . . . . . . . . . . . . . . . 16
MR. PALIN . . . . . . . . . . . . . . . . . . 18
8
MR. GREEN . . . . . . . . . . . . . . . . . . 23
MS. STONE . . . . . . . . . . . . . . . . . . 30
i }
MR. PATTERSON . . . . . . . . . . . . . . . . . 33
1i
MR. HOLM . . . . . . . . . . . . . . . . . . . 38
12
MR. BERRINS . . . . . . . . . . . . . . . . . 40
13
MR. TAYLOR . . . . . . . . . . . . . . . . . . 53
_4
MR. MORRISON . . . . . . . . . . . . . . . . . 57
15
MR. SPALZON . . . . . . . . . . . . . . . . . 63
:.E
MR. PRATT . . . . . . . . . . . . . . . . . . . 68
17
MS. SAYBOR . . . . . . . . . . . . . . . . . . 71
18
MR. HOLDEN . . . . . . . . . . . . . . . . . . 76
MS. SHOWMAKER . . . . . . . . . . . . . . . . . 78
`b
MS. COMMONSLONG . . . . . . . . . . . . . . . . 81
�i
DR. WINCHF_LL . . . . . . . . . . . . . . . . . 81
22
MR. GODEKY . . . . . . . . . . . . . . . . . . 87
t_J
MS. CLARK . . . . . . . . . . . . . . . . . . 89
4
":"5
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DOROTHY N. BAER & ASSOCIATES (714) 645-042o
3
3
i
I N D E X (CONTINUED)
3
4 PAGE
5 MR. EDMONDSON . . . . . . . . . . . . . . . . . 91
6 MR. DOLTON . . . . . . . . . . . . . . . . . . 93
7 MS. ALEXANDER . . . . . . . . . . . . . . . . . 95
8 MS. KEPLER . . . . . . . . . . . . . . . . . . 96
9 MR. DAVE WEISBART . . . . . . . . . . . . . . . 97
10 MR. STARROS . . . . . . . . . . . . . . . . . . 98
i 1 MR. MURDOCK . . . . . . . . . . . . . . . . . 101
12 MR. JORDON . . . . . . . . . . . . . . . . . . 101
13 MR. ROW . . . . . . . . . . . . . . . . . . . . 103
14 DR. POWELL . . . . . . . . . . . . . . . . . . 105
15 MR. MADDEN . . . . . . . . . . . . . . . . . . 107
16 MR. MELVIN WEISBART . . . . . . . . . . . . . . 109
17 MS. DENTLAW . . . . . . . . . . . . . . . . . 110
18 MR. PAGE . . . . . . . . . . . . . . . . . . . 112
19 MS. RENV I LLE . . . . . . . . . . . . . . . . . 115
20 MS. HOOD . . . . . . . . . . . . . . . . . . . 117
1 MR. JONES . . . . . . . . . . . . . . . . . . . 120
22 MS. S P I EGEL . . . . . . . . . . . . . . . . . . 124
23 MS. HERD . . . . . . . . . . . . . . . . . . . 128
_4 MS. HOOVER . . . . . . . . . . . . . . . . . . 129
5
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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4
2 I N D E X (CONTINUED)
3 PAGE
4 MR. PALLOWELL . . . . . . . . . . . . . . . . . 132
5 MR. WESN I CK . . . . . . . . . . . . . . . . . . 133
6 MR. SCHULTZ . . . . . . . . . . . . . . . . . 135
7 MR. MOLLAR . . . . . . . . . . . . . . . . . . 139
8 MS. LUCHOLL I T . . . . . . . . . . . . . . . . . 141
9 MR. MONTELLON I . . . . . . . . . . . . . . . . 141
10 MS. KLEIN . . . . . . . . . . . . . . . . . . . 141
i l MR. LANE . . . . . . . . . . . . . . . . . . . 142
?2 MS. BOB-DONOV I CH . . . . . . . . . . . . . . . . 142
13 MR. DAVIS . . . . . . . . . . . . . . . . . . . 143
14 MR. MASON . . . . . . . . . . . . . . . . . . . 144
15 MS. ROSICK . . . . . . . . . . . . . . . . . . 144
16 MR. BLYSENGOOD . . . . . . . . . . . . . . . . 147
•
17 DR. MURRAY . . . . . . . . . . . . . . . . . . 147
18 MR. ROBINSON . . . . . . . . . . . . . . . . . 151
19
20
21
22
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24
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
5
1 (WHEREUPON, THE FOLLOWING HEARING WAS TAKEN FROM A
RECORDING MADE AT THE ISHM 6 � CITY COUNCIL MEETING, AT
HL--^ri" 'bM Beack
3 79= R , CALIFORNIA, ON FEBRUARY 11, 1988, IN THE
4 MATTER OF HEARING SB1517. )
5 CLERK: WINCHELL.
6 MS. WINCHELL: HERE.
Mays
CLERK: ICE.
� MkYS
8 MR. HERE.
CLERK: FINDLEY.
1 MS. F I NDLEY: HERE.
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11 CLERK: KELLY.
12 MR. KELLY: HERE.
1� CLERK: ERSKIN.
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14 MR.. ERSKIN: HERE.
15 CLERK: GREEN.
1E MR. GREEN: HERE.
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17 CLERK: BANNISTER.
18 ALL PRESENT EXCEPT COUNCILMAN BANNISTER.
r 19 MAYOR: EVEN THOUGH IT' S NOT ON OUR AGENDA, WHY
20 DON' T WE HAVE A PLEDGE OF ALLEGIANCE TO OUR FLAG.
21 (COUNCIL MEMBERS RECITED THE PLEDGE OF
2E ALLEGIANCE. )
r
MAYOR: THANK YOU. LADIES AND GENTLEMEN THE
;::'4 POLICE DEPARTMENT AND THE FIRE DEPARTMENT HAS ASKED THAT THE
r 25 PEOPLE AT THE TOP OF THE STAIRS, DUE TO HUNTINGTON BEACH
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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6
1 FIRE REGULATIONS, PLEASE NOT STAND UP ALONG THE RAIL OR SIT
•
2 IN THE AISLES. THERE ARE, I' M TOLD, J. B. IS THAT CORRECT,
THERE ARE SEATS?
4 J. B. : RIGHT.
•
5 MAYOR: IT' S GETTING TIGHT? OKAY, WHY DON' T
Fl SOME OF YOU SEE IF YOU CAN FIND SOME SEATS IN THE BACK. I
7 SEE ABOUT HALF A DOZEN SEATS DOWN HERE. WE' RE GOING TO ASK
8 THAT YOU -- PARTICULARLY THOSE PEOPLE THAT ARE SITTING IN
9 THE AISLE COME DOWN AND TAKE THESE SEATS. THERE ARE SOME
10 SPRINKLED THROUGH THE AUDIENCE TOO. (PAUSE) I' M TOLD
11 THERE ARE SOME ADDITIONAL CHAIRS IN THE BACK, PLEASE. WE' RE
12 GOING TO HAVE TO HAVE THE PEOPLE STANDING BACK, HERE BEFORE
13 WE CAN GET STARTED. HOW MANY CHAIRS DO WE HAVE J.B. ?
14 J. B. : THIRTY OR FORTY.
15 COUNCIL MEMBER: WE HAVE 30 OR 40 IN THE BACK.
16 (PAUSE FOR FURTHER DISCUSSION OF SEATING AND ATTENDANCE)
r
17 MAYOR: THANK. YOU VERY MUCH, WE APPRECIATE THAT.
18 BEFORE WE HAVE A STAFF PRESENTATION ON THE SUBJECT TONIGHT,
19 WHICH IS SB1517, THE BOLSA BAY HARBOR AND CONSERVATION
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20 DISTRICT LEGISLATION BY SENATOR BERGESON.
21 THE CITY COUNCIL WOULD LIKE TO ESTABLISH SOME
22 PARAMETERS ON THE PUBLIC HEARING THIS EVENING. THE CITY
23 COUNCIL REQUESTED THIS SPECIAL PUBLIC HEARING ON SB1517 TO
24 SOLICIT INPUT ON THE PROVISIONS OF THAT BILL TO ASSIST THE
r 25 CITY COUNCIL IN REACHING A DECISION ON WHETHER TO CONTINUE
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DOROTHY N. BAER & ASSOCIATES (714) 645-C-)420
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7
1 TO SUPPORT THE BILL OR NOT. AND IF SO, IF WE DO CONTINUE TO
•
SUPPORT THE BILL. THE DETAILS AND LEVEL OF THAT SUPPORT
GIVEN THAT THE CITY HAS, OVER THE LAST TWO MONTHS,
4 RECOMMENDED TO SENATOR BERGESON THAT SHE INCLUDE SOME 50
•
5 AMENDMENTS INTO SB1517 TO INSURE GREATER PROTECTION OF THE
6 PUBLIC INTEREST IN THE AREA.
7 SB1517 THE BOLSA BAY HARBOR AND CONSERVATION
8 DISTRICT IS BEING PROPOSED, AMONG OTHER THINGS, TO DO THE
9 FOLLOWING:
1t� (A) CARRY OUT AND FUND IMPLEMENTING THE
11 ACTION PROGRAMS TO RESTORE, CREATE, ENHANCE, AND MAINTAIN IN
12 PERPETU-ITY THE WETLANDS AND ENVIRONMENTALLY SENSITIVE
13 HABITAT AREAS WITHIN BOLSA CHICA.
14 (B) ADMINISTER AND RAISE FUNDS TO REPAY THE
15 FEDERAL LOAN COST SHARE. IF AUTHORIZED PURSUANT TO THE
16 WATER RESOURCES DEVELOPMENT ACT OF 1986, WHICH IS HR6
17 PREVIOUSLY APPROVED. WHICH AUTHORIZED THE SECRETARY OF THE
18 ARMY CORPS OF ENGINEERS TO PARTICIPATE WITH NON-FEDERAL
19 SPONSORS IN THE BOLSA CHICA AREA IN A PROJECT TO DEMONSTRATE
20 THE FEASIBILITY FROM FEDERAL COST SHARING PURPORTS AND
21 HARBORS. AND ALSO TO MAINTAIN IN PERPETUITY SUCH
r 22 FACILITIES, STRUCTURE, AND APPURTENANCES OF ANY NAVIGABLE
23 OCEAN OPENINGS AND FACILITY' S TO PROTECT THE NAVAL WEAPON
24 STATION, THAT WAS HR6.
25 (C) ENTER INTO AGREEMENTS WITH THE STATE TO
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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u
•
8
1 PROVIDE DESIRED SERVICES, WHICH MAY INCLUDE THE AUTHORITY TO
•
2 MAINTAIN AND ADMINISTER THE FACILITIES OF THE SMALL CRAFT
3 HARBOR.
4 (D) PROVIDE FOR THE FINANCING AND
5 CONSTRUCTION OF WATER AND SERVICE FACILITIES BY THE
6 DI'STRICT.
7 (E) ADMINISTER AND RAISE FUNDS TO CONSTRUCT
8 AND MAINTAIN FACILITIES FOR - 1) DRUDGING AND LAND
9 RECLAMATION PURPOSES; 2) DRAINAGE AND FLOOD CONTROL; 3)
10 PARKS, RECREATION AND OPEN SPACE; 4) LEVIES AND CHANNEL
11 LEDGES; 5) DOCKS AND APPURTENANCES, AND ALSO PARTICIPATE IN
12 BEACH NOURISHMENT PROGRAMS.
13 SO FROM ALL THOSE ITEMS YOU CAN SEE THERE ARE
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14 MANY ISSUES AND PROVISIONS WITHIN THE CONTEXT OF THE BILL TO
15 DISCUSS. SO WHAT WE' D LIKE TO DO TONIGHT IS TO ASK THAT YOU
16 PROVIDE US YOUR COMMENTS, AND YOUR REACTIONS TO THE DETAILS
r
17 OF EACH OF THOSE SEGMENTS, AND ANY OTHER ITEMS WITHIN SB1517
18 THAT YOU FEEL THE CITY COUNCIL NEEDS INFORMATION ON. THE
19 LAND USE PLAN, WHICH OBVIOUSLY HAS BEEN VERY CONTROVERSIAL
r
20 OVER THE LAST SEVERAL YEARS, IS NOT THE SUBJECT OF S81517.
21 THE COUNTY LAND USE PLAN THAT IS BEFORE US HAS BEEN ADOPTED
22 AND STAFF IS GOING TO "I-AKE US THROUGH SOME OF THOSE COUNTY
23 LAND USE APPROVALS THAT HAVE OCCURRED IN THE PAST, AND SOME
24 OF THE COUNTY LAND USE APPROVALS THAT REMAIN IN ORDER FOR
r 25 THE PROJECT TO OCCUR.
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DOROTHY N. BAER & ASSOCIATES (714) 645-042n
J
s
9
THE ORDER OF THE SPEAKERS THIS EVENING WILL
•
BE JULIE FROBERG (SIC) , FROM SENATOR BERGESON' S OFFICE. ED
3 MALFORD (SIC) , WHO IS EXECUTIVE ASSISTANT TO SUPERVISOR
4 WEEDER (SIC) . CITY STAFF, AND I BELIEVE THAT INCLUDES
SPECIAL COUNCIL, KATHY STONE, AND GERRY PATTERSON (SIC) .
6 SIGNAL LANDMARKS REPRESENTATIVE, AND A PRESENTATION FROM THE
7 SPOKESPERSON FOR AMIGOS TO BOLSA CHICA.
8 AFTER THE CONCLUSION OF THOSE COMMENTS, WE
B WILL OPEN THE PUBLIC HEARING FOR GENERAL COMMENTS.
10 NOW BECAUSE OF THE FACT THAT WE DO NOT HAVE,
11 AND I WANT TO MAKE IT CLEAR THAT THE COUNCIL IS WELL AWARE
12 THAT WE- DO NOT HAVE ALL OF THE MOST RECENT AMENDMENTS TO
13 SB1517. THE COUNCIL HAS DETERMINED PER COUNCIL POLICY THAT
14 WE WILL HAVE PUBLIC HEARING UP UNTIL ELEVEN O' CLOCK, AND
15 THAT WE WILL CONTINUE THE PUBLIC HEARING OPEN UNTIL MARCH
. 16 7TH. ON MARCH 7TH, ASSUMING WE HAVE THOSE AMENDMENTS BACK
17 FROM SENATOR BERGESON' S OFFICE IN COMPLETE FORM, AND IN TIME
18 FOR ALL THE PUBLIC TO LOOK AT THEM, WE WILL HAVE A
19 CONTINUATION OF THE PUBLIC HEARING. SO THIS IS NOT YOUR
20 ONLY OPPORTUNITY TONIGHT TO SPEAK. TO THE BILL. YOU' LL HAVE
21 ANOTHER OPPORTUNITY, ANOTHER OPPORTUNITY FOR PUBLIC HEARING
C^c TENTATIVELY ON MARCH 7.
�3 SO WITH THAT AS PARAMETERS, STAFF, WHY DON' T
;24 WE GET INTO THE STAFF REPORT.
25 MAYOR: MR. PAYLIN (SIC) ?
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DOROTHY N. BAER R ASSOCIATES (714) 645-0420
•
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1 11R. PAYL I N: YES, MR. MAYOR, D I D YOU WANT THE
•
S STAFF REPORT PRECEDENT TO JUNE --
3 MAYOR: NO, NO, LET' S PROCEED WITH THE ORDER, I' M
4 SORRY.
•
5 MR. PAYLIN: AND THEN IT WOULD BE JULIE PROBERS,
6 FROM SENATOR BERGESON' S OFFICE.
7 MS. FROBERG: GOOD EVENING, MR. MAYOR, AND
•
8 MEMBERS OF THE CITY COUNCIL. FOR THE RECORD, I' M JULIE
9 FROBERG, REPRESENTING SENATOR MARIAN BERGESON HERE TONIGHT.
10 SENATOR BERGESON HAS SENT ME WITH A FORMAL
•
li STATEMENT, WHICH I' D LIKE TO READ. I ALSO HAVE EXTRA COPIES
12 FOR YOU, SO THAT YOU CAN HAVE THOSE FOR THE RECORD. AND
. 13 THEN I' LL JUST HAVE A FEW RAP-UP STATEMENTS AT THE END OF
14 HER FORMAL STATEMENT.
15 "MEMBERS OF THE CITY COUNCIL:
16 AS YOU KNOW, LEGISLATOR --
17 COUNCIL MEMBERS FROM AUDIENCE: WE CAN' T HEAR IT.
18 MAYOR: THAT WAS MY FAULT, NOT HERS. SORRY, WE
i9 DIDN' T HAVE YOUR BUTTON ON.
20 MS. FROBERG: OKAY.
_1 "MEMBERS OF THE CITY COUNCIL:
22 AS YOU KNOW LEGISLATIVE
23 RESPONSIBILITIES PRECLUDE MY ATTENDANCE
24 AT TONIGHT' S PUBLIC HEARING. HOWEVER, I
-5 DO WISH TO VERY STRONGLY EXPRESS MY HOPE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
3
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1 THAT THE CITY WILL CONTINUE TO WORK WITH
•
C US AS WE CONTINUE OUR WORM. ON SENATE
3 BILL 1517.
4 AS YOU KNOW SB1517 IS NEEDED
•
5 IN ORDER TO FACILITATE THE FINANCING
6 MECHANISMS ESSENTIAL TO THE
7 IMPLEMENTATION OF THE BOLSA CHICA
•
8 RESTORATION DEVELOPMENT PROJECT,
9 ULTIMATELY APPROVED BY THE COASTAL
10 COMMISSION.
•
11 WHILE IT WAS NEVER INTENDED AS
12 - A LAND-USE PLANNING MEASURE, SAFEGUARDS
13 FOR THE WETLANDS CONSISTENT WITH THE
•
14 LAND-USE PLAN ARE INCLUDED IN IT. OTHER
15 ISSUES OF IMPORTANCE TO THE PUBLIC AND
16 1"0 YOU AS CITY OFFICIALS WILL ALSO BE
17 INCLUDED SUCH AS SAND REPLENISHMENT.
18 WE SHARE COMMON GOALS WITH
19 REFERENCE TO WETLANDS RESTORATION, AND
20 SAND REPLENISHMENT. YOUR STATED SUPPORT
21 FOR SENATE BILL 1517 HAS ENHANCED YOUR
. 22 ROLE OF PARTICIPATION IN THE LEGISLATIVE
23 PROCESS. AND IT HAS HELPED SB1517 TO
24 DEVELOP.
V5 YOU WILL RECALL THAT WE HAVE
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DOROTHY N. BAER & ASSOCIATES (714) 645-(:)42(i
12
1 ADDRESSED YOUR ORIGINAL CONCERNS THAT
•
THE DISTRICT WOULD BE A CITY WITHIN A
3 CITY. WE HAVE MODIFIED THE COMPOSITION
4 OF THE DISTRICT BOARD TO INCLUDE TWO
•
5 PUBLIC MEMBERS WITH VETO AUTHORITY OVER
6 FINANCIAL DECISIONS OF THE DISTRICT. WE
7 HAVE EARMARKED 1, 800 DOLLARS PER MESA
•
8 DEVELOPMENT HOME FOR WETLANDS
9 PROTECTION. AND WE HAVE PRESSED SIGNAL
10 DEVELOPMENT TO GUARANTY 12 MILLION
11 DOLLARS UP FRONT FOR WETLANDS
12 RESTORATION.
13 WE HAVE ALSO INCLUDED A
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14 PROVISION IN SB1517 GIVING THE CITY
15 COMPLETE VETO POWER OVER THE
16 IMPLEMENTATION OF THIS LEGISLATION IN
17 CONNECTION WITH AN ANNEXATION
18 DEVELOPMENT AGREEMENT.
19 IN SHORT, WE HAVE WORKED
E0 TOGETHER TO FORGE A BILL WHICH WILL
211 ENABLE THE FACILITATION OF A PROJECT
. 22 APPROVED BY THOSE AGENCIES WITH APPROVAL
Lrl AUTHORITY. OR PROTECTING THE INTERESTS
24 OF THE PUBLIC AT LARGE, AND THE CITY
c5 ITSELF. AS WE ENDEAVOR TO PROTECT THE
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DOROTHY N. BAER & ASSOCIATES (714) 645-042O
13
1 PUBLIC INTEREST TO THE BEST OF OUR
ABILITY, WE SHOULD NOT OVER LOOK THE
PUBLIC BENEFITS OF THE PROJECT, OR THE
4 SPECIAL DISTRICT ESTABLISHED THROUGH
5 THIS LEGISLATION. IN PARTICULAR
6 POTENTIALLY 12 HUNDRED OF THE 16 HUNDRED
7 PROJECT ACRES WILL BE AVAILABLE FOR
8 PUBLIC, RECREATIONAL, AND ENVIRONMENTAL
9 PURPOSES. OTHER PUBLIC BENEFITS ARE
. 10 OUTLINED IN SIGNALS PRESENTATION
i TONIGHT.
12 I AM AWARE OF YOUR
• 13 DISAPPOINTMENT THAT AMENDMENTS TO SB1517
14 ARE NOT YET AVAILABLE. SPECIFIC BILL
15 LANGUAGE REMAINS TO BE NEGOTIATED ON
16 SEVERAL KEY ISSUES. FOR EACH AMENDMENT
17 PROPOSED BY THE CITY, OR BY ANY OTHER OF
18 THE SEVERAL MAJOR INTERESTS IN THIS
19 LEGISLATION, EACH OF THOSE OTHER
20 ENTITIES HAS ADDITIONAL INPUT. THE TASK
21 IS OURS TO RECONCILE THE VIEWS OF THE
r :22 MANY AGENCIES INTERESTED AND INVOLVED IN
c3 THIS PROCESS.
24 TOWARDS THAT END WE ARE
lip E5 PLEASED TO RECEIVE THE CITY' S AMENDMENTS
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
i
14
1 TO SB1517. AND I LOOK FORWARD TO YOUR
•
C CONTINUING INPUT AS A RESULT OF THIS
S PUBLIC HEARING, AND THE ONGOING WORK OF
4 YOUR STAFF AND SPECIAL CONSULTANTS.
5 CORDIALLY, SENATOR MARIAN BERGESON. "
6 NOW, I MIGHT JUST ADD AS AN UPDATE THAT AT
7 THIS POINT THE FEBRUARY 29TH HEARING DATE IS TENTATIVE.
i
8 WE' LL BE GETTING THE PARTIES TOGETHER OVER THE NEXT FEW
9 WEEKS TO CONTINUE WHAT WE HAVE BEEN TRYING TO DO. AND THAT
10 IS TO RECONCILE DIFFERENCES IN LANGUAGE. I DON' T THINK
11 CONCEPTUALLY THAT THERE IS THAT MUCH DISCREPANCY BETWEEN
12 WHAT EVERYBODY WANTS TO SEE IN THE BILL. IT' S A MATTER OF
. 13 WORKING OUT THE SPECIFIC LANGUAGE SO THAT EVERYBODY' S
14 COMFORTABLE WITH IT.
15 THERE ARE 6 OR 9 MAJOR PARTIES IN THIS
16 EFFORT. AND AS THE STATEMENT INDICATED, EVERY TIME WE
17 RECEIVED ONE AMENDMENT FROM THE CITY OF HUNTINGTON BEACH,
18 THOSE OTHER ENTITIES HAVE COMMENTS ON IT. SO YOU CAN
19 UNDERSTAND THAT THE TASK WE FACE IN COORDINATING ALL OF THIS
20 IS NOT A SIMPLE ONE.
21 WHILE I HAD INDICATED THAT I MIGHT LIKE THE
22 OPPORTUNITY TO MAKE COMMENTS AT THE END OF THE HEARING, I' M
23 GOING TO SAVE YOU THE TIME OF THAT. BUT I FEEL THAT I
;24 SHOULD MENTION THAT WE DO HAVE LEGAL STAFF HERE THIS
5 EVENING. IF YOU DO HAVE QUESTIONS ON ANY OF THE LITIGATION
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DOROTHY N. BAER & ASSOCIATES (714) 645-�i42i�
3
15
1 WHICH HAS BEEN IN THE MEDIA LATELY, OR WHICH IS PENDING.
YOU MIGHT WANT TO ASK. THOSE AT THE EARLY PART OF THE
3 HEARING, BECAUSE IT IS MY UNDERSTANDING THAT THEY HAVE
4 TRAVEL TIME TO CONSIDER AND THEY CAN ONLY BE HERE FOR ABOUT
5 AN HOUR. SO I WANT TO MAKE YOU AWARE THAT THAT' S AVAILABLE
6 TO YOU.
7 MAYOR: THANK YOU, JULIE. ONE QUESTION, YOU
8 MENTIONED THE PARTY' S THAT ARE REACTING TO THIS BILL IN
9 SACRAMENTO --
1 MS. FROBERG: UH HUH.
r
11. MAYOR : COULD YOU OUTLINE WHO THOSE PARTY' S ARE?
12 MS. FROBERG: CERTAINLY. DEPARTMENT OF FISH AND
. 13 GAME, AND THEN THEY ARE LIKE-PARENT AGENCY, IF YOU WILL,
14 WHICH IS RESOURCES AGENCY, STATE LANDS, THE CITY, OF COURSE,
15 THE COUNTY, AND SHELL OIL ARE THE ONE' S THAT IMMEDIATELY
16 COME TO MIND.
17 MAYOR: IS THAT IT?
18 MS. FROBERG: THAT' S IT.
19 MAYOR: THANK YOU.
20 MS. FROBERG: SHOULD I LEAVE THESE WITH SOMEBODY?
='1 MAYOR: YEAH, WHY DON' T YOU BRING THEM UP TO PASS
:2 THEM OUT TO THE COUNCIL.
23 COUNCIL MEMBER: THANK YOU, JULIE.
2 MAYOR: DO YOU HAVE A COPY FOR THE CLERK?
2'5 CLERK. : YES, THANK. YOU FOR YOUR TIME, JULIE.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
3
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16
1 MAYOR: THANK YOU, THANK YOU, JUL I E.
2 SUPERVISOR WEEDER' S REPRESENTATIVE, MR.
3 MALFORD.
4 MR. MALFORD: GOOD EVENING, MR. MAYOR, MEMBERS OF
5 THE COUNCIL, SUPERVISOR WEEDER REGRETS THAT SHE WOULD NOT BE
6 ABLE TO BE HERE TONIGHT, BUT SHE' S ASKED ME TO READ A
7 STATEMENT INTO THE RECORD ON HER BEHALF.
•
8 MEMBER FROM AUDIENCE: COULD YOU SPEAK UP PLEASE?
13 MR. MALFORD: CERTAINLY.
10 "MEMBERS OF THE CITY COUNCIL:
11 YOUR SUPPORT OF SB1517 BY SENATOR
12 BERGESON IS CRUCIAL TO THE RESTORATION
13 OF THE BOLSA CHICA WETLANDS, AND IS IN
14 MY VIEW IN THE BEST INTERESTS OF THE
15 CITIZENS OF HUNTINGTON BEACH.
16 AS YOU KNOW THE COUNTY OF
17 ORANGE IS THE LEAD AGENCY ON BOLSA CHICA
18 RESTORATION DEVELOPMENT PROJECT. AND
19 HAS WORKED WITH SIGNAL LANDMARK TO DRAFT
20 THE PLAN WHICH WOULD RESTORE THE NOW
21 DEGRADED WETLANDS, AND AT THE SAME TIME
22 ALLOW FOR A REASONABLE AMOUNT OF
23 RESIDENTIAL, RECREATIONAL, AND
24 COMMERCIAL DEVELOPMENT BY THE LAND
r 25 OWNER.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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17
1 WHILE THE MERITS OF THE PLAN
i
CONTINUE TO BE REVIEWED, AND THE IMPACTS
3 OF THE PLAN CONTINUE TO BE REVIEWED TO
4 PLANNING AND REVIEW PROCESSES SEPARATE
5 FROM SB1517. THE ENACTMENT OF SB1517 IS
8 NECESSARY IN ORDER TO FACILITATE THE
7 FINANCING MECHANISMS ESSENTIAL TO THE
8 IMPLEMENTATION OF THE PROJECT ULTIMATELY
9 APPROVED.
10 THE BENEFITS OF THE BILL FOR
11 THE CITY OF HUNTINGTON BEACH INCLUDE THE
12 EXCLUSION FROM FINANCIAL RESPONSIBILITY
13 FOR THE COSTS ASSOCIATED WITH THIS
14 PROJECT, ASSURANCE OF WETLANDS
15 PROTECTION, AND INTER-STRUCTURE
6 BENEFITS, WHICH WOULD BE PROVIDED BY THE
17 DEVELOPER AS PART OF THE PROJECT.
18 THE CITY HAS PLAYED A MAJOR
iS ROLE IN REFINING SB1517. IT IS NOW A
20 STRONGER MEASURE THAN IT WAS A YEAR AGO.
21 YOUR CONTINUING SUPPORT OF THIS MEASURE
r 22 ENSURES YOUR ROLE AS A PLAYER IN THE
`3 CONTINUING REFINEMENT OF THIS
=4 LEGISLATION AND GUARANTEES YOUR ROLE AS
M 25 A JURISDICTIONAL AGENCY IN THE FUTURE.
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DOROTHY N. BAER ASSOCIATES (714) 645-0420
3
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18
1 THE COUNTY OF ORANGE STRONGLY SUPPORTS
I
S91517, I PERSONALLY URGE YOUR SUPPORT
AS WELL. "
4 THANK YOU.
I
5 MAYOR: THANK YOU, MR. MALFORD. NEXT SPEAKER
6 PLEASE.
7 MR. PALIN: MR. MAYOR, MEMBERS OF THE COUNCIL,
r
8 BEFORE I GO TO THE CHART TO OBTAIN A REVIEW, SOME OF THE
9 PAST HEARINGS THAT HAVE TAKEN PLACE ON THE LAND USE PLAN AS
10 WELL AS THE FUTURE YEARNINGS THAT EVERYONE PRESENT WILL HAVE
11 AN OPPORTUNITY TO ADDRESS THEIR CONCERNS AT.
1 I' D LIKE QUICKLY TO GO THROUGH THE CONCERNS
13 THE CITY HAD AT THE TIME THAT WE GOT INVOLVED WITH THE BILL.
14 ORIGINALLY THE CITY HAD A LOT OF CONCERN ABOUT JURISDICTION.
15 THE BILL WAS STRUCTURED IN SUCH A WAY, AS IT WAS UNCLEAR
16 WHETHER THE DISTRICT WAS GOING TO HAVE ANY OVERLAPPING
17 JURISDICTION AND PRE-EMPT THE CITY. THAT PROVISION NOW HAS
18 BEEN ELIMINATED THROUGH THE EFFORTS OF THE CITY. WE NOW
19 HAVE SOME GOOD DEFINITIONS REFERRING TO THOSE AREAS
20 GENERALLY WITHIN THE OVERALL PLANNING AREA, AS WELL AS THE
21 STUDY AREA, OF WHICH INCORPORATES A PORTION OF THE CITY OF
22 HUNTINGTON BEACH. WE HAVE NOW SOME GOOD PROVISIONS IN THE
23 BILL TO REALLY ELIMINATE THE BILL FROM PREEMPTING ALREADY
E4 CERTIFIED L. U. P. , OR LAND USE PLAN.
5 THE CITY HAS ALSO IN THE OPERATIVE EFFECT OF
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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19
1 THE BILL BEEN INSTRUMENTAL IN GETTING INTO THE BILL
2 ESSENTIALLY TRIGGERS. THOSE TRIGGERS BEING AS JULIE FROBERG
HAD MENTIONED PREVIOUSLY, THE ANNEXATION DEVELOPMENT
4 AGREEMENT. WHEN I REVIEW THE DATES WITH THE AUDIENCE AND
5 THE COUNCIL IN JUST A MOMENT YOU WILL SEE WHEN THE BILL
6 ACTUALLY BECOMES OPERATIVE UNDERNEATH THAT PROVISION WHICH
7 IS SECTION 149.
8 THE SECOND TRIGGER BEING THAT THE CITY WILL
9 HAVE TO ULTIMATELY AMEND OUR CERTIFIED L. C. P. , WHICH IS THE
10 LOCAL COASTAL PROGRAM. THAT IS A TRIGGER, AND THE BILL WILL
11 NOT BECOME OPERATIVE UNTIL THAT IS DONE. SO THOSE ARE TWO
12 PROVISIONS THAT REALLY GIVE THE CITY A LOT OF MUSCLE WHEN IT
1.3 COMES TO THIS BILL.
14 THERE WAS CONCERN ABOUT THE BEACH EROSION,
15 AND WE VERY ACTIVELY WORKED WITH ALL THE GROUPS, AND CAME UP
16 WITH A REFINED SECTION 509 ON SAND SUPPLY. WHICH IN EFFECT
17 REQUIRES THAT SHOULD THERE BE AN OCEAN ENTRANCE, THAT THE
18 DISTRICT THEN BE RESPONSIBLE FOR ANY EFFECT CREATED BY THAT
19 OCEAN ENTRANCE. ALSO THEIR ARE PROVISIONS IN THE BILL FOR
20 THE FUNDING MECHANISM ON THOSE SAND SUPPLY REQUIREMENTS.
21 A MAJOR CONCERN WAS WHERE DOES THE MONEY COME
M 22 FROM FOR THE WETLANDS RESTORATION AND 0 & M, OR OPERATION
23 AND MAINTENANCE FUND. IN WORKING WITH ALL THE PARTIES THE
24 CITY HAS BEEN SUCCESSFUL IN GETTING SOME GOOD STRONG
25 PROVISIONS INTO THE LEGISLATION STARTING WITH 409. SETTING
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 UP THE MINIMUM THERE OF THE 515 ACRES OF WETLANDS, 86 ACRES
2 OF ISCHIA' S (SIC) . IT' S ALSO BEEN EXPANDED TO INCORPORATE
3 AN UP FRONT 12 MILLION DOLLAR SURETY TO START THAT
4 RESTORATION PROJECT. THEN THERE IS 410. 410 IS IN THE
r
5 BILL TO REQUIRE THAT THE MESA DEVELOPMENT FUND 18 HUNDRED
6 DOLLARS PER UNIT, AND THIS GOES INTO A RESTORATION FUND FOR
7 USE IN THE WETLAND AREA. WE HAVE BEEN SUCCESSFUL IN
8 RECOMMENDING THAT 411, 412 REMAIN IN THE BILL. WERE PRETTY
9 CONFIDENT THAT THAT IS THE CASE NOW. 411 ADDRESSES
10 DEVELOPMENT WITHIN THE WETLANDS AREA, AND THE REQUIREMENT
11 THAT THERE BE 1-1/2 ACRE FOR EACH ACRE DESTROYED ONCE YOU
12 ENTER I-NTO THAT WETLAND AREA. 412 IS THE PROVISION THAT
13 ONCE THERE IS WETLANDS ABOVE 852 THAT IT BE AT 1-1/2 IF IT' S
14 ON SITE, IF IT' S OFF SITE IT WOULD BE 2 FOR 1. WITH THE
15 PRIORITY GIVEN TO BEING ON SITE RESTORATION.
16 70o B AND C ESTABLISHES A PRIORITY ON
17 RESTORATION FUNDS. 703 ESTABLISHES A MINIMUM ANNUAL AS IT
18 IS CURRENTLY BEING RECOMMENDED BY THE CITY. A CURRENT
19 ANNUAL FUND OF 150 THOUSAND DOLLARS PER YEAR FOR THE
w
20 WETLANDS OPERATION AND MAINTENANCE, WITH ANY RESERVE FROM
21 THAT GOING INTO A CAPITAL RESERVE FUND FOR EMERGENCIES. WE
r 22 WORKED IN COLLABORATION WITH FISH AND GAME IN TRYING TO COME
23 UP WITH THESE PROVISIONS. 710 BEING THE ESTABLISHMENT OF A
24 SPECIAL FUND FOR THE WETLANDS RESTORATION.
25 WE ALSO IN THE COUNCIL, EXPRESSED CONCERN
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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21
1 EARLY ON ABOUT THE FISCAL SOUNDNESS OF THE DISTRICT. WE ARE
A
2 RECOMMENDING THIS EVENING THAT PERHAPS YOU CONSIDER OR
3 CERTAINLY IN YOUR ACTION, ONCE THE HEARING IS CLOSED, THAT
4 YOU CONSIDER RECOMMENDING TO OR SUGGESTING TO SENATOR
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5 BERGESON' S OFFICE THAT THE BILL BE AMENDED TO PROVIDE A
6 REVIEW AND CERTIFICATION OF THE DISTRICT' S FINANCIAL PLAN BY
7 AN APPROPRIATE PUBLIC AGENCY SUCH AS THE CALIFORNIA DEBT
8 ADVISORY COMMISSION. THEY ARE WELL EQUIPPED TO REVIEW THOSE
9 TYPES OF FINANCIAL STANDINGS.
10 THEN ALSO AS JULIE HAD INDICATED THERE HAS
11 BEEN SOME STRONG PROVISIONS INCORPORATED INTO THE BILL OF
12 304. 5 ON THE FORFEITS VOTE REQUIRED. THAT MAKE-UP NOW IS 2
13 PUBLIC MEMBERS, ONE COUNCIL, ONE BOARD OF SUPERVISORS. WE
14 ALSO RECOMMENDED THAT THE PROVISION ALLOWING THAT COMMISSION
15 IN THE FUTURE TO EXPAND TO 79 AN 11 MEMBERS BE REMOVED FROM
. 16 THE BILL. THERE IS ALSO A PROVISION IN THE BILL THAT THE
17 ASSESSMENT LIMITS, FEES, TAXES, AND ETC. WOULD BE LIMITED TO
18 1 PERCENT OF THE VALUE OF THE PROPERTY.
19 AND THEN CERTAINLY NOT LAST, BUT NOT LEAST,
20 WE HAD A NUMBER OF SECTIONS WHICH WENT IN RECENTLY, OR WE
21 RECOMMENDED GO IN RECENTLY ON THE MELLOW RUES (SIC) . AGAIN,
22 WE RECOMMENDED TO THE COUNCIL, AND YOU HAVE ACTED ON THAT,
23 THAT THE MELLOW RUES BE GREATLY REDUCED IN AUTHORITY IN THAT
24 THE BILL ITSELF ESTABLISHING THE DISTRICT GOVERN THAT BOARD
25 ON THE FORFEITS VOTE OF THE 1 PERCENT ASSESSMENT IN ALL
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 OTHER LIMITATIONS, AS WELL AS ONLY PROVIDING FOR FACILITIES
2 AND NOT SERVICES WHICH ARE NORMAL UNDER MELLOW RUES.
I' LL NOW GO TO THE CHART AND WALK YOU THROUGH
4 THOSE HEARINGS.
5 MAYOR; JIM, COULD I ASK. THAT YOU GO FAIRLY
6 SLOWLY BECAUSE I DON' T THINK THE AUDIENCE CAN -- IN FACT, I
7 DON' T THINK. WE CAN READ THAT SMALL PRINT THERE, SO --
8 MR. PALIN: YEAH, I HAVE TO APOLOGIZE. WHAT
9 HAPPENED WAS THERE WERE TOO MANY DATES TO TRY TO GET ONTO A
10 SINGLE CHART, SO THEY DID TURN OUT RATHER SMALL.
11 BUT ESSENTIALLY THE PAST PUBLIC HEARINGS THAT
12 HAS LEAD TO THE APPROVED LAND USE PLAN THAT' S POSTED ON THE
13 WALL BEHIND COUNCILWOMAN WINCHELL (SIC) , WHICH IS THE SAME
P
14 AS BEHIND COUNCILMAN GREEN HERE. IT STARTED BACK IN 1981
15 BEFORE THE ORANGE COUNTY PLANNING COMMISSION. THAT WAS IN
16 NOVEMBER, DECEMBER IT WENT TO THE BOARD OF SUPERVISORS.
17 THEN INTO ' 82 ON REVISIONS, 182, APRIL THE 22ND, 1982 TO THE
18 COASTAL COMMISSION ON THE LAND USE PLAN.
19 THE COASTAL COMMISSION HAD SOME PROBLEMS WITH
20 THE PLAN. IT WAS CONTINUED AT THAT POINT IN TIME ALL
21 JURISDICTIONS IN ADDITION TO THE COASTAL CONSERVANCY THAT
. 22 WAS HEADING UP THE EFFORTS GOT INVOLVED IN THE HABITAT
23 CONSERVATION PLAN, THE H. C. P. THAT FIRST PUBLIC HEARING
24 WAS JULY THE 19TH BEFORE THE COASTAL CONSERVANCY BOARD.
. 25 THERE WAS A FOLLOW UP SUPPLEMENTAL REPORT BY THAT BOARD ON
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 OCTOBER THE 18TH, 1984.
•
NOW THESE ARE ALL PUBLIC HEARINGS THAT
3 EVERYONE HAS AN OPPORTUNITY TO HAVE INPUT INTO. THEN ON
4 NOVEMBER THE 29TH, 1984 THAT WENT BEFORE THE COASTAL
•
5 COMMISSION. THEY FOUND SOME ISSUE WITH THAT, BUT THEY WENT
6 AHEAD AND THEY ACTED ON THE LAND USE PLAN WITH SUGGESTED
7 MODIFICATIONS. IT THEN CAME BACK WITH THOSE MODIFICATIONS
•
8 TO THE BOARD OF SUPERVISORS, THE COUNTY, IN MAY 19 -- 1985.
13 BACK TO THE COASTAL COMMISSION IN OCTOBER OF 185 IT WAS
10 CERTIFIED WITH CONDITIONS OF SUGGESTED MODIFICATIONS
•
11 CONDITIONS. THEN IN DECEMBER THEY HAD REVISED FINDINGS AND
12 YOU HAVE THE LAND USE PLAN THAT APPEARS ON THE WALL SETTING
13 FORTH THOSE LAND USES FOR THAT AREA.
•
14 MAYOR: JIM, EXCUSE ME. WHEN YOU SAID THE PLAN
15 WAS CERTIFIED WITH CONDITIONS. THAT WAS BY WHOM AND WHAT
16 DATE?
17 MR. PALIN: THAT WAS OCTOBER THE 23RD OF 1985 BY
18 THE COASTAL COMMISSION. THEN IT CAME BACK UP. THERE WAS
. 19 ANOTHER PUBLIC HEARING ON DECEMBER THE 18TH ON REVISED
20 FINDINGS WITH TWEAKING OF SOME OF THE CONDITIONS IN THE LAND
21 USE PLAN.
22 MAYOR: PETER. PETER GREEN HAS A QUESTION.
23 MR. GREEN: MR. PALIN, THAT'S S A VERY IMPRESSIVE
24 LIST OF PREVIOUS PUBLICATIONS.
25 -- PART OF THE CITY COUNCIL, AND HOW MANY
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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24
1 HAVE BEEN IN THE CITY OF HUNTINGTON BEACH, AND WHAT IS THE
2 DATE .OF THE LAST PUBLIC HEARING? I CAN' T READ THE LIST FROM
3 HERE.
4 MR. PALIN: THE CITY COUNCIL WAS UPDATED
5 PERIODICALLY, COUNCILMAN DEAN --
6 MR. GREEN: WERE ANY OF THOSE PUBLIC HEARINGS
7 BEFORE THE --
8 MR. PALIN: -- INFORMED THE COURTS OF ALL OF THIS
9 ACTION.
10 MR. GREEN: YES, BUT WERE ANY OF THOSE PUBLIC
11 HEARINGS, PUBLIC HEARINGS HELD IN THIS COUNCIL CHAMBER --
12 WERE ANY OF THEM HELD BEFORE THIS CITY COUNCIL, AND WHAT IS
1 THE DATE OF THE MOST RECENT PUBLIC HEARING?
14 MR. PALIN: I CAN' T ANSWER YOU THAT.
15 MR. GREEN: YOU DON' T KNOW WHERE THOSE WERE? DO
16 YOU RECALL ANY OF THOSE --
17 MR. PALIN: I ENHANCE SOME OF THESE, ONE OF THE
18 EXAMPLES --
19 MAYOR: JIM, JIM, I THINK, YEAH, I THINK THE
20 ANSWER IS ALL THE COUNTY HEARINGS HAVE BEEN AT THE COUNTY IN
21 SANTA ANA. ALL OF THE COASTAL COMMISSION HEARINGS HAVE BEEN
22 -- WOULD HAVE BEEN EITHER IN, I GUESS TORRANCE OR SAN
23 FRANCISCO. IS THAT CORRECT?
24 MR. PALIN: OR EL SEGUNDO. THERE WAS ONE MEETING
25 I ATTENDED THAT WAS --
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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25
1 MAYOR: COULD THE AUDIENCE PLEASE -- WE' D LIKE --
2 WE' RE TRYING TO ANSWER SOME QUESTIONS HERE. WE DON' T WANT
3 TO GET INTO --
4 MR. GREEN: SO, THE POINT I WISH TO MAKE THEN IS
5 THAT, ALTHOUGH YOU HAVE AN IMPRESSIVE LIST OF PAST PUBLIC
6 HEARINGS, MOST ❑F THE PEOPLE HERE THIS EVENING HAVE NOT HAD
7 AN OPPORTUNITY TO GO TO THOSE HEARINGS BECAUSE OF THE
8 DISTANCE. MANY OF THEM ARE SCHEDULED DURING THE DAY, NONE
9 OF THEM LOCALLY. THERE HAVE BEEN NO PUBLIC HEARINGS BEFORE
. 10 THE CITY COUNCIL, AND THE LAST ONE ON THE -- IF I CAN READ
11 IT CORRECTLY --
12 (AUDIENCE APPLAUSE)
. 13 MR. GREEN: AND THAT LAST DATE LOOKS LIKE
14 DECEMBER OF 1985. SO IF THE ARGUMENT IS THAT WE' VE HAD A
15 LOT OF HEARINGS IN THE PAST, IT' S NOT THE STRONG ARGUMENT TO
16 MY WAY OF THINKING.
17 MR. PALIN: I' M NOT MAKING ANY ARGUMENT. I' M
18 ONLY WALKING YOU THROUGH THE DATES OF THE HEARINGS AT THE
19 REQUEST OF THE COUNCIL MEMBERS.
20 FUTURE PUBLIC HEARINGS THAT WILL BE HELD ON
21 THE PLAN, AS YOU KNOW, THE COASTAL COMMISSION CONDITION THAT
22 THE PLAN BE BROUGHT BACK FOR CERTIFICATION ONCE A NUMBER OF
STUDIES HAD BEEN DRAFTED AND REVIEWED. THE SCHEDULE ON THAT
24 IS GENERALLY BEING PROPOSED FROM SOMEWHERE THROUGH MAY --
r 25 MAY THROUGH JULY OF THIS YEAR. ON THE CONFIRMATION HEARING
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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26
1 BEFORE THE ORANGE COUNTY PLANNING COMMISSION, AND BOARD OF
•
SUPERVISORS. THAT AGAIN IS ON THE LAND USE PLAN. THEY ARE
PROJECTING THAT THEY WILL BE BEFORE THE COASTAL COMMISSION
4 FOR CONFIRMATION WITH ALL THOSE STUDIES SOMEWHERE BETWEEN
•
5 AUGUST AND OCTOBER OF 1988.
6 THEN FOLLOWING THAT, IF THE BILL GOES THROUGH
7 AND WE' RE ABLE TO MAINTAIN THE REQUIREMENT IN THE BILL ON
•
8 THE PRE-ANNEXATION DEVELOPMENT AGREEMENT, WE HAVE PROJECTED
9 OUT THAT SOMEWHERE BETWEEN AUGUST AND OCTOBER OF THIS YEAR
to THE CITY OF HUNTINGTON BEACH WOULD START ITS HEARINGS BEFORE
•
11 THE PLANNING COMMISSION AND CITY COUNCIL. BY THE WAY, THOSE
12 ARE NOTED PUBLIC HEARINGS ADVERTISED IN THE PAPER AS WELL AS
• 13 A NUMBER OF OTHER PEOPLE NOTIFIED BASED UPON WHAT THE
14 COUNCIL WANTS TO DO. AND THEN ALSO BEFORE THE COUNTY
15 PLANNING COMMISSION AND BOARD OF SUPERVISORS.
• 16 THAT WOULD NOT THEN BECOME OPERATIVE OR IN
17 EFFECT UNTIL WE HAD COMPLETED SOME ADDITIONAL HEARINGS AND
18 PROCEDURES. WE ARE SCHEDULING THAT SOMEWHERE BETWEEN
19 OCTOBER OF 188 AND AUGUST OF 189, THE ORANGE COUNTY PLANNING
20 COMMISSION AND BOARD OF SUPERVISORS GET THEIR HEARINGS ON
21 THE LOCAL COASTAL PROGRAM, WHICH WOULD BE EITHER LAND USE
22 PLAN, ALL THEY' RE ZONING, AND ALL THE REGULATIONS NECESSARY
2.3 TO ALLOW DEVELOPMENT TO TAKE PLACE. ONCE THAT HAS BEEN
24 APPROVED THAT' S CALLED THE LOCAL COASTAL PROGRAM. THEY ARE
25 PROTECTING THEN SOMEWHERE BETWEEN SEPTEMBER AND OCTOBER OF
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 1989 TO BE BEFORE THE COASTAL COMMISSION FOR CERTIFICATION
•
2 OF THAT LOCAL COASTAL PROGRAM. ONCE THAT HAS HAPPENED THEN
3 IN ESSENCE THE BILL WILL BECOME OPERATIVE AROUND NOVEMBER OF
4 1989, ONCE THE DEVELOPER AGREEMENT IS FINALLY SIGNED BY BOTH
•
5 THE CITY COUNCIL AND THE BOARD OF SUPERVISORS.
6 MAYOR: JIM IS THAT THE END OF YOUR STAFF REPORT?
7 MR. PAL I N: NO.
•
8 MAYOR : YEAH, RUTH?
RUTH: JIM, WHAT WAS THAT ( INAUDIBLE) ? IN ALL OF
10 THAT IS THERE A STEP THAT MAKES THE CHANGES THAT HAVE MADE
•
11 (INAUDIBLE) . THAT ISN' T CONFIRMATION IS IT?
12 - MR. PALIN: THE CONFIRMATION WOULD BE THE PLAN AS
13 ALREADY REVIEWED AND APPROVED. ANY CHANGES, AND I DON' T
14 WANT TO MAKE SIGNAL' S PRESENTATION FOR THEM, BUT ANY CHANGE
15 THAT THEY WOULD PROPOSE NOW FROM THAT PLAN, THE REFINEMENTS
1.6 WILL HAVE TO GO THROUGH THE WHOLE PUBLIC HEARING PROCESS ALL
17 OVER AGAIN. FROM THE ORANGE COUNTY PLANNING COMMISSION TO
18 THE BOARD OF SUPERVISORS AND BACK THROUGH THE COASTAL
r 19 COMMISSION. WE WILL ALSO GET AN OPPORTUNITY TO REVIEW THAT
20 DOCUMENT. AND NOW WE HAVE NOW A VERY CLOSE WORKING
21 RELATIONSHIP WITH THE ORANGE COUNTY DEPARTMENT AND AGENCIES.
r 22 RUTH: BUT THE AGENTS THAT HAVE BEEN MADE, THAT
23 WE HAVE SEEN THIS LAST WHILE -- OTHER THAN THE DETERMINATION
24 OF GEOLOGICAL PROBLEMS, ETC. THOSE CHANGES HAVE NOT GONE
`5 THROUGH THE PROCESS?
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DOROTHY N. BAER & ASSOCIATES (714) 645-o420
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1 MR. PALIN: NO, THEY HAVE NOT. THAT IS ONLY A
•
2 PROPOSAL AT THIS POINT IN TIME. THE PLAN THAT HAS BEEN
3 CONDITIONALLY CERTIFIED IS THE PLAN ON THE WALL. SO ANY
4 TWEAKING OF RELOCATION OF THE ARTERIAL SYSTEM, REDOING OF
•
5 THE DENSITIES, REDOING LITERALLY ANYTHING ON THAT PLAN IS
6 GOING TO KICK BACK THROUGH THAT WHOLE REVIEW PROCESS. JUST
7 LIKE A GENERAL PLAN AMENDMENT WOULD COME BACK THROUGH THE _
•
8 PROCESS HERE IN THE CITY, AND BE REVIEWED.
9 MR. MAYOR, MEMBERS OF THE COUNCIL, I WOULD
10 LIKE TO MAKE A STATEMENT THAT WE FEEL AS STAFF THAT WE HAVE
•
11 ACCOMPLISHED SOME IN-ROADS INTO OUR NEGOTIATIONS WITH THE
12 STATE STAFF. AND THAT WE DO HAVE AND HAVE ESTABLISHED SOME
13 CREDIBILITY THERE. AND BEFORE WE END THE STAFF
r
14 PRESENTATION, I WOULD LIKE TO DEFER TO OUR SPECIAL COUNCIL,
15 AND RICH, ALL FOUR OF US ARE HERE THIS EVENING TO RESPOND TO
. 16 ANY QUESTIONS THAT YOU MAY HAVE. BUT I MAY HAVE FORGOTTEN
17 SOMETHING, OR MISSED SOMETHING, SO IN CASE I DID THEY WILL
18 PICK UP ON THAT NOW. AND THANK YOU.
19 COUNCILMAN: MR. MAYOR AND MEMBERS OF THE
20 COUNCIL, I DON' T WANT TO GO OVER OR BELABOR THE POINTS THAT
21 MR. PALIN HAS MADE. I WOULD LIKE TO MAYBE RE-EMPHASIZE JUST
32 A COUPLE SHORT POINTS FOR YOU, BECAUSE I THINK IT' S
23 IMPORTANT TO SAY THIS.
24 IS THAT OVER THE LAST YEAR AND A HALF I THINK
r 25 THIS CITY, THE CITY COUNCIL AND THE STAFF HAVE BECOME MAJOR
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DOROTHY N. BAER R� ASSOCIATES (714) 645-0420
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1 PLAYERS IN THIS WHOLE ISSUE OF BOLSA CHICA. MORE SO MAYBE
•
2 THAN IN PREVIOUS TIMES, AND WE' VE BEEN ABLE TO DO THAT
3 THROUGH THIS SB1517. AS MR. PALIN ELUDED TO, WE HAVE -- THE
4 COUNCIL HAS INTRODUCED AT LEAST 50 AMENDMENTS TO SB1517,
5 WHICH IS DESIGNED TO STRENGTHEN THE PUBLIC INTEREST IN THAT
6 BILL, AND TO ASSURE THAT THE PUBLIC INTEREST IS PROTECTED.
7 TWO KEY PROVISIONS THAT JIM HAD REFERRED TO
•
8 AS TRIGGERS IS DEVELOPMENT AGREEMENT, AND THE ADOPTION AND
9 APPROVAL OF A CERTIFIED LOCAL COASTAL PROGRAM BEFORE THE
10 COASTAL COMMISSION. UNTIL THOSE TWO THINGS OCCUR, THE BILL
•
11 DOES NOT HAVE ANY LIFE. THOSE TRIGGERS PROTECT THE INTEREST
12 OF THE CITY, AND ASSURE THAT WE WILL HAVE INPUT INTO THE
• 13 PROCESS. AND VERY IMPORTANT TO THE CITY, IS THAT THAT AREA
14 WILL BE ANNEXED INTO THE CITY OF HUNTINGTON BEACH SO THAT
15 THE IMPACTS THAT GENERATE OUT OF THAT AREA, THE CITY WILL BE
• 16 ABLE TO RECEIVE THE REVENUES FROM THAT AREA TO PROVIDE THE
17 POLICE, AND FIRE, AND POLICE SERVICES THAT THAT AREA WILL
18 REGU I RE.
19 THAT' S ALL I' D REALLY WANTED TO EMPHASIZE AT
20 THIS TIME. THANK YOU.
21 MAYOR: BEFORE US, BEFORE OUR SPECIAL COUNCIL
22 SPEAKS, RICH OR PERHAPS YOU COULD INTRODUCE KATHY AND GERRY
23 AND MAYBE STAY FOR THE -- THAT I KNOW SOME MEMBERS OF THE
24 PUBLIC PROBABLY AREN' T AWARE OF WHO THEY ARE, AND WHY THE
25 CITY HAS RETAINED SPECIAL COUNCIL. WHY DON' T YOU DO THAT.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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i RICH: OKAY. THANK YOU, MR. MAYOR. ABOUT A
•
c YEAR AND A HALF AGO WHEN THE BILL -- WE FIRST BECAME AWARE
THAT THERE WAS A BILL, UPON FIRST REVIEWING THE BILL WITH
4 THE CITY COUNCIL AND THE STAFF, IT BECAME OBVIOUS THAT THE
•
5 ISSUE HERE IS VERY COMPLEX, AND WE REALLY FELT WE NEEDED TO
6 GET SOME EXPERTISE BOTH IN THE AREA OF COASTAL LEGAL EASE,
7 AND IN THE AREA OF LOBBYING AND WORKING WITH OUR STATE
•
8 LEGISLATORS.
9 BECAUSE OF THAT WE SOUGHT PROPOSALS AND WE
11) HIRED, EMPLOYEED BURK (SIC) , WILLIAMS (SIC) , AND SORRENSON
•
1.1. (SIC) , THE LEGAL FIRM, TO REPRESENT THE CITY AND WORK WITH
12 THE CITY STAFF. AND AT THAT TIME KATHERINE STONE, AND GERRY
13 PATTERSON WERE EMPLOYED BY THEM, AND WE' VE BROUGHT THEM ON
1.4 AS OUR LEGAL COUNSEL, TO ASSIST US IN REFINING THE BILL,
15 MAKING SURE THAT THE INTERESTS OF THE PUBLIC ARE SERVED,
. 16 PARTICULARLY IN THE COASTAL ISSUES WITH THE WETLANDS, AND
17 THE SAND REPLENISHMENT AREA PARTICULARLY. AND THEN TO MAKE
18 SURE WE WERE EFFECTIVE IN OUR PRESENTATIONS AT THE STATE
19 LEVEL. I BELIEVE WE' VE ACCOMPLISHED THAT WITH THEIR
20 ASSISTANCE, SO IF KATHERINE STONE AND GERRY PATTERSON ARE
21 HERE THIS EVENING, AND HAVE WORKED CLOSELY WITH US OVER THE
22 LAST YEAR AND A HALF.
23 MS. STONE: WHEN WE SAW THE BILL A YEAR AND A
24 HALF AGO THE COUNCIL AND THE STAFF, AND WE WERE VERY
r 25 CONCERNED WITH A NUMBER OF ASPECTS OF IT. AND OVER THIS
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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31
i TIML---` WE HAVE WORKED CLOSELY WITH THE STAFF TO TRY TO ADDRESS
•
THOSE ITEMS. I' D JUST LIKE TO REALLY EMPHASIZE THAT ONE OF
3 THE MAIN ITEMS THAT WE' VE CLOSELY WATCHED IN THE BILL IS
4 THAT THE BILL DOES NOT BECOME AN ADVOCATE FOR ANY PARTICULAR
•
5 PROJECT. THERE'S NOT A PLANNING BILL AS JULIE FROBERG SAID.
6 IT' S PROJECT NEUTRAL, AND MAYBE THE NAME OF THE DISTRICT
7 SHOULD BE CHANGED NOT TO BE HARBOR AND CONSERVATION
•
8 DISTRICT, AND THAT MAY OCCUR.
9 THE PROJECT WILL BE DETERMINED THROUGH THE
11) PLANNING PROCESS AT THE LOCAL AND STATE LEVEL, AND NOTHING
•
11 IN THE BILL WILL PRE-EMPT THAT IF WE HAVE ANYTHING TO SAY
1E ABOUT THAT, AND WE'VE BEEN WATCHING IT CLOSELY.
13 ANOTHER MAIN AREA THAT WE' VE BEEN CONCERNED
•
14 WITH IS THAT THE CITY DO BECOME A PLAYER. AND WHAT HAPPENS
15 IN THIS COUNTY ISLAND THAT' S SURROUNDED BY THE CITY, AND THE
16 BILL HAS A LOT OF PROVISIONS IN IT TOWARD THAT END TO MAKE
•
17 THE ULTIMATE ANNEXATION WORK. TO MAKE SURE THAT THE PROJECT
18 DOESN' T ADVERSELY IMPACT THE CITY, THE CITY FACILITIES,
15 FINANCIALLY, AND IN ANY OTHER WAY INCLUDING TRAFFIC. THAT
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20 ISN' T ADDRESSED IN THE BILL, BUT IT WOULD BE ADDRESSED IN
21 THE ANNEXATION AGREEMENT. AND WE BECOME A PLAYER IN THE
. 22 ACTUAL PROJECT, WHICH WE DON' T HAVE THAT ABILITY NOW EXCEPT
IN THE ADVISORY CAPACITY.
24 WE ARE EXTREMELY CONCERNED ABOUT POTENTIAL
• 25 BEACH EROSION IF A NAVIGABLE ENTRANCE IS AUTHORIZED AND
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 CONSTRUCTED. AND WE HAVE BEEN WORKING VERY CLOSELY WITH ALL
•
2 THE STATE AGENCIES COME UP WITH WHAT WE THINK IS THE BEST
C SECTION 509, AND WE HOPE THAT SENATOR BERGESON WILL ACCEPT
4 IT.
•
5 WE' VE ALSO -- ARE RECOMMENDING THAT THE
G COUNCIL HIRE A GROUP OF EXPERTS TO REVIEW THESE ISSUES AS
7 THE PROJECT PROGRESSES, AND THESE ARE THE BEST PEOPLE IN THE
•
8 COUNTRY ON THESE ISSUES. THEY ARE DR. DEAN FROM FLORIDA,
9 INSPECTOR WEGEL (SIC) FROM UC BERKELEY, PROFESSOR INMAN
if) (SIC) FROM SCRIPPS, AND ORVILLE MAGOON (SIC) , WHO IS A
•
11 COASTAL EXPERT ALSO. THESE PEOPLE WOULD ACT IN ADVISORY
12 CAPACITY TO THE CITY TO ENSURE THAT EVERY CONSIDERATION OF
13 BEACH EROSION IS TAKEN INTO ACCOUNT. AND THEY HAVE AGREED
14 TO DO THIS.
15 WE HAVE BEEN VERY CONCERNED THAT THE WETLANDS
1E PROTECTION STRENGTHEN WHAT IS ALREADY IN THE CONDITIONALLY
17 CERTIFIED L. U. P. , AND ARE HOPING THAT SENATOR BERGESON WILL
18 ACCEPT ALL OF OUR SUGGESTIONS THERE. AND WE ARE STILL
19 CONCERNED ABOUT THE FISCAL SOUNDNESS OF THE DISTRICT. AND
2D ARE SUGGESTING THIS COUNCIL HIRE SOME EXPERTS TO REVIEW THE
21 FINANCIAL DATA AND ALSO SUGGESTING THAT YOU SUGGEST TO
. 22 SENATOR BERGESON THAT THERE BE BUILT INTO THE BILL A REVIEW
23 OF THE FINANCIAL ASPECTS.
24 AND FINALLY A MAIN BIG AREA WAS THIS IDEA
. 25 THAT A PRIVATE TYPE GOVERNMENT EXISTS WITHIN THE CITY SO WE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 HAVE A NUMBER OF AMENDMENTS THAT ARE ALREADY IN THE BILL
•
2 ADDRESSING THAT, INCLUDING THE ABILITY OF THIS BOARD TO
3 SPEND MONEY, TAX, RAISE FEES, AND SO FORTH.
4 WE WILL LOOK VERY CLOSELY AT HOW THE BILL
•
5 TURNS OUT WHEN IT COMES IN PRINT, AND ADVISE YOU THEN ABOUT
6 WHETHER ALL OF OUR SUGGESTIONS HAVE BEEN TAKEN, AND IF NOT,
7 HOW THEY WOULD EFFECT OUR INTEREST.
8 MR. PATTERSON: MR. MAYOR, MEMBERS OF THE
9 COUNCIL, I JUST WANT TO CONCUR WITH EVERYTHING THAT KATHY
10 SAID, AND WITH STAFF REPORT FROM RICH AND JIM. AND JUST
11 MAYBE ADD ONE PERSPECTIVE AND THAT IS MORE ON THE LOBBYING
12 AREA. -
13 WE GOT OFF TO A, I THINK, A POOR START IN
14 SACRAMENTO. AND HAVE IMPROVED IT SUBSTANTIALLY SINCE THAT
15 TIME TO THE POINT WHERE IN MY OPINION THE POSITION THE CITY
16 TAKES ON THIS BILL MAY WELL DETERMINE THE FATE OF THE BILL.
17 THAT' S A GOOD POSITION FOR THE CITY TO BE IN, A CITY IS
18 PIVOTABLE SIMPLY BECAUSE ITS CITIZENS AND THE COUNCIL
19 REPRESENTING THOSE CITIZENS SURROUND THE BOLSA CHICA AREA.
20 IF THIS LEGISLATION WAS SOMETHING THAT YOU
21 COULD GENERICALLY SAY IT' S GOOD FOR THE CITY, AND THEREFORE
' 22 IT SHOULD BE SUPPORTED. ONE COULD WORK OUT THE DETAILS
'3 QUITE EASILY. THE BILL IS SOMETHING, AS WE KNOW, THAT' S
.::'4 REQUIRED BY THE DEVELOPER, AS SUPERVISOR WEEDER' S
/ ;�5 REPRESENTATIVE STATED, TO ENABLE THE FINANCING OF THE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
34
1 PROJECT. IT' S IMPORTANT FOR THAT REASON, THEREFORE IT
i
2 MAKES THE POSITION OF OURSELVES AS SPECIAL COUNCIL FOR THE
3 CITY, MAKES IT IMPORTANT THAT WE LOOK AT THE BILL FROM THE
4 POINT OF VIEW, IS WHAT DOES THE CITY GET IN RETURN. AND SO
S WE' VE LOOKED AT THE BILL FROM THE ENVIRONMENTAL IMPACT, FROM
6 THE POLITICAL IMPACT, AND FROM THE ECONOMIC IMPACT. AND
7 THAT' S WHY WE FEEL THAT THE AMENDMENTS THE CITY HAS OFFERED,
•
8 AND THE STAFF HAS RECOMMENDED, SPECIAL COUNCIL HAS
9 RECOMMENDED, AND 'THE COUNCIL HAS TAKEN A POSITION ON, ARE
10 EXTREMELY IMPORTANT AND REALLY NOT NEGOTIABLE AT THIS POINT.
11 THE LEGISLATION MAKES SENSE IF IT' S IN THAT
12 PACKAGE. THAT' S WHY WE WOULD HAVE HOPED TO HAVE HAD A FINAL
13 VERSION OF THE BILL HERE TONIGHT. BUT SINCE WE DON' T HAVE
14 THAT, I AM PLEASED AS THE MAYOR INDICATED THAT THE HEARING
15 WILL PROBABLY BE CONTINUED TO A LATER DATE. AND AT THAT
16 TIME, PRIOR TO THAT TIME, WE' VE BEEN INFORMED BY KEVIN SLOAD
17 (SIC) OF SENATOR BERGESON' S STAFF, THAT THEY EXPECT TO HAVE
18 THE FINAL LANGUAGE IN THE BILL. I THINK AT THAT TIME IT
. 19 WOULD BE CERTAINLY VALUABLE THAT WE LOOK AT IT CLOSELY IN
20 TERMS OF THE LANGUAGE AND HOPE THAT AT THAT TIME WE' RE ABLE
21 TO INDICATE TO THE COUNCIL, AND RECOMMEND TO THE COUNCIL,
. 22 THAT IT HAS ALL OF THOSE THINGS THAT WE ARE CONCERNED ABOUT
23 THAT THE COUNCIL' S CONCERNED ABOUT, AND THAT THE CITY THEN
24 TAKE A POSITION IN SUPPORT OF THE BILL. AND THAT' S IT.
L5 SO THE KEY HERE IS, ONE, LOBBYING IN
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DOROTHY N. BAE R & ASSOCIATES (714) 645-0420
35
1 SACRAMENTO MUST LOBBY SOMETHING THAT IS SOLID, AND MAKES
SENSE, AND ISN' T AMENDED OR CHANGED OR ALTERED. SO IT' S
EXTREMELY IMPORTANT THAT WE SEE A VERSION OF BILL THAT WE
4 HAVE THE ASSURANCE FROM OUR SENATOR WHO HAS DONE A
5 TREMENDOUS JOLT ON THIS LEGISLATION AND WORKING WITH US, CAN
b CARRY THROUGH WITH THE CITY' S SUPPORT IF THAT' S THE POSITION
7 THAT COUNCIL TAKES. THANK YOU.
S MAYOR: GERRY, TO SUMMARIZE, ASSUMING THE
9 AMENDMENTS CONTINUE TO GO IN A DIRECTION THAT THE CITY HAS
1 ? REQUESTED THAT BOTH YOU KATHY RECOMMENDED THAT WE CONTINUE
TO SUPPORT 1517.
12 - MR. PATTERSON: YES.
13 MAYOR: DO YOU HAVE THAT FEELING AS WELL, KATHY?
r
14 MS. STONE: I THINK WE' RE IN A BETTER POSITION
15 SUPPORTING THE BILL THAT HAS EVERYTHING THAT WE WANT IN IT,
16 THAN JUST OPPOSING THE CONCEPT. SO OUR RECOMMENDATION IS IF
17 WE GET A BILL THAT HAS THESE PROTECTIONS IN IT, AND CONTENDS
18 WE WOULD HAVE MORE INFLUENCE OVER THE PROJECT, AND WOULD BE
. 19 BETTER OFF SUPPORTING IT.
U MAYOR: THANK YOU, COUNCILMAN FINDLEY (SIC) .
21 MS. FINDLEY: KATHY, CAN YOU EXPLAIN TO ME THE
`B PROPOSAL TO ANSWER THESE FINANCIAL QUESTIONS. WOULD THESE
`S COME BEFORE THE ACTIONS AT THE STATE ON THE DISTRICT OR
4 AFTER?
25 MS. STONE: THERE' S TWO ASPECTS TO THAT. WE' RE
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DOROTHY N. HAER & ASSOCIATES (714) 645-0420
3
i
36
1 GOING TO SUGGEST, WE HAVE SUGGESTED THAT WE ASK FOR AN
•
S AMENDMENT IN THE BILL THAT WOULD REQUIRE REVIEW OF FINANCIAL
3 PLANS BY A STATE AGENCY. THAT' S ONE ASPECT.
4 MS. FINDLEY: AT WHAT POINT?
5 MS. STONE: THAT WOULD BE BEFORE THEY WOULD BE
6 ABLE TO GO AHEAD AND SPEND MONEY.
7 THE OTHER ASPECT WOULD BE THE CITY ITSELF
8 HIRING IT' S OWN FINANCIAL CONSULTANTS TO REVIEW SIGNAL' S
9 PLANS. AND THAT INPUT WOULD GO INTO OUR INPUT THAT WE GIVE
I0 ON ANY LAND USE PLANS, IT WOULD GO INTO THE DEVELOPMENT
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11 ANNEXATION AGREEMENT, AND EVERY OTHER ASPECT OF THE PLANNING
12 PROCESS.
13 ONE OF THE PROBLEMS IS, OF COURSE, THE PLANS
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14 ARE NOT FINAL. AND AS IS INDICATED BY STAFF THERE WILL HAVE
15 TO BE CHANGES, AMENDMENTS, AND SO FORTH. SO AT THIS POINT
16 IT' S VERY DIFFICULT TO COME UP WITH A FINAL PLAN THAT CAN BE
r
17 REVIEWED.
18 MS. FINDLEY: AND SO THE FIRST PART YOU ARE
19 WRITING, WOULD RECOMMEND WRITING INTO THE BILL THE
r
20 LEGISLATION?
21 MS. STONE: YES.
22 MS. FINDLEY: THE SECOND PART WOULD GO INTO THE
23 LEGISLATION TO -- OR THAT WOULD BE JUST A RECOMMENDATION?
24 MS. STONE: THAT' S JUST A RECOMMENDATION TO THE
25 COUNCIL THAT YOU HIRE YOUR OWN FINANCIAL EXPERTS TO REVIEW
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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37
1 FINANCIAL PLANS AS THEY COME ALONG.
MR. PATTERSON: COUNCILMAN -- WOMAN FINDLEY, WE
3 HAVE ASKED FOR SOME PROPOSALS, AND WE HAVE GOTTEN A PROPOSAL
4 FROM KAISER MARSTON (SIC) , AND WE WOULD LIKE THEM TO LOOK
r
5 OVER IN GREAT DETAIL THE FINANCIAL PLANS THAT KUBABECK (SIC)
6 HAS PUT TOGETHER FOR THE PROJECT. AND DO THAT, ON BEHALF OF
7 THE CITY TO MAKE SURE THAT ALL THESE VARIOUS FUNDING SOURCES
r
8 THAT ARE IDENTIFIED IN THESE REPORTS, THAT WE VALIDATE THOSE
9 THROUGH THE STATE AGENCIES AND OTHER AREAS WHERE THEY SAY
10 THE MONEY' S COMING FROM, SO WE CAN HAVE OUR OWN INDEPENDENT
11 ASSURANCE THAT THE FUNDS WILL BE THERE. AND WE NEED TO DO
12 THAT IN- TIME, OR PRIOR TO THE CONFIRMATION HEARINGS FOR THE
13 L. C. P. BECAUSE THAT' S WHERE THE FINANCING ISSUES WILL BE
14 DISCUSSED.
15 MAYOR: COUNCILMAN GREEN?
16 MR. GREEN: YES, COULD YOU BRIEFLY SUMMARIZE THEN
17 WHAT DO YOU SEE AS THE POSITIVE BENEFITS COMING TO THE CITY
18 FROM THIS BILL. NOW THERE ARE SOME POSITIVE BENEFITS, OF
19 COURSE, ON THE LAND USE PLAN, STUDY -- PSYCHOLOGICAL STUDIES
20 OF THE ARMY CORP, FOR INSTANCE. WHAT DOES THIS BILL ADD TO
21 IT, WHAT ARE THE BENEFITS THAT THE BILL HAS THAT THE LAND
22 USE PLAN DOES NOT HAVE?
_3 MR. PATTERSON: ONE OF THE BIG BENEFITS THAT I
24 SEE THAT THE BILL HAS IS THE TRIGGER REGARDING THE
�5 DEVELOPMENT ANNEXATION AGREEMENT. THE ONE THING WE DO NOT
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
39
1 WANT AS A CITY IS FOR A LAND USE PLAN TO BE ADOPTED IN A
COUNTY TERRITORY WITH THAT KIND OF IMPACT ON THE COMMUNITY
3 AND NOT HAVE I'T WITHIN THE BOUNDARIES OF THE CITY. THAT
4 WOULD BE IN MY ESTIMATION A DISASTER FOR THE CITY. IN TERMS
r
5 THAT WE WOULD HAVE ALL THOSE IMPACTS, AND WE' D HAVE NONE OF
6 THE REVENUE TO HELP FUND THOSE IMPACTS ON OUR COMMUNITY.
7 THE BILL PROVIDES FOR US TO BE A MAJOR PLAYER
r
8 WITH THE DEVELOPMENT ANNEXATION AGREEMENT, AND THROUGH THAT
9 WE CAN ASSURE THAT THAT BECOMES PART OF OUR COMMUNITY. THAT
10 IS ONE OF THE BIG BENEFITS. ALSO, IT MAKES US A MAJOR
11 PLAYER WITH REGARDS TO THE INSURING THE SAND REPLENISHMENT,
12 AND INSURING THAT THE LIABILITY OF THAT IS CLEARLY CALLED
13 OUT FOR IN THE BILL.
14 MAYOR: THANK YOU. THAT CONCLUDES STAFF' S
15 PRESENTATION? OKAY. NEXT WE HAVE A SPEAKER FROM
. 16 REPRESENTATIVE OF THE MAJOR LAND OWNER, AND THEN THE AMIGO' S
17 TO BOLSA CHICA' S REPRESENTATIVE. AND THEN WE WILL OPEN IT
18 UP TO PUBLIC HEARING.
19 MR. HOLM (SIC) : MR. MAYOR -- IS IT ON?
20 MAYOR: IS IT ON?
21 MR. HOLM: MR. MAYOR, MEMBERS OF THE CITY
' 22 COUNCIL, MEMBERS OF THE AUDIENCE, ON BEHALF OF OUR -- OH, MY
23 NAME IS JEFF HOLM, I REPRESENT SIGNAL LANDMARK. ON BEHALF
-4 OF OUR COMPANY I WISH TO EXTEND OUR SINCERE APPRECIATION TO
1 `5 ALL OF YOU AND YOUR STAFF FOR THE TIME AND ATTENTION DEVOTED
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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39
1 TO SOLVING THE ISSUES IN PROCESSING SB1517.
ALTHOUGH WE HAVE NOT ALWAYS AGREED ON ALL THE
?, SOLUTIONS, THE WILLINGNESS TO EXAMINE ALTERNATIVES AND TO
4 RAISE NEW IDEAS TO REACH AN AGREEMENT HAS RESULTED IN MUTUAL
5 ACCEPTANCE FOR MORE THAN 90 PERCENT OF THE ISSUES. THE
6 REMAINING OPEN ISSUES DO NOT INVOLVE DISAGREEMENT ON THE
• 7 CONCEPTS DEVELOPED CONCERNING WETLAND' S FUNDING OR SAND
e REPLENISHMENT. BUT ON HOW TO TECHNICALLY IMPLEMENT THE
9 AGREED TO UPON CONCEPTS, WE HAVE TRANSMITTED TO YOUR STAFF
11) OUR SUPPORT ❑F THE SUGGESTED CITY AMENDMENTS, AND PROVIDED
11 EXPLANATION WHERE WE APPROACH THE SOLUTION IN A DIFFERENT
12 WAY.
13 SUPPORT OF SB1517 IS THE CITY' S OPPORTUNITY
14 TO BECOME A KEY LEADER WITH THE COUNTY AND THE STATE TO
15 IMPLEMENT ONE OF THE LARGEST WETLAND' S RESTORATION PROJECTS
r 16 OF OVER A THOUSAND ACRES OF WETLANDS AND OTHER SENSITIVE
17 HABITAT AREA ON THE WEST COAST OF THE UNITED STATES. THE
18 HARBOR, COMMERCIAL, AND RESIDENTIAL, AND RECREATIONAL
19 FEATURES OF THE PROJECT WILL BE A SOURCE OF ECONOMIC BENEFIT
20 AND SERVICE TO THE RESIDENCE OF THE CITY OF HUNTINGTON BEACH
21 FOR YEARS TO COME. WE ENCOURAGE YOUR SUPPORT OF SB1517 AND
22 THE PARTICIPATION IN THE PLANNING, PROCESSING, AND
23 IMPLEMENTATION OF THE BOLSA CHICA PROJECT. WE LOOK FORWARD
24 TO YOUR POSITIVE VOTE FOR SENATOR BERGESON' S BILL. THANK
25 YOU. ANY QUESTIONS, I' LL BE GLAD TO STAY AROUND AND ANSWER
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
3
•
40
1 THEM.
•
2 MAYOR: THANK YOU. NOW LISTEN, I WANT THE
3 AUDIENCE TO BE COURTEOUS TO ALL THE SPEAKERS. WE' RE GOING
4 TO ALLOW ALL OF YOU WHO WANT TO SPEAK, TIME TO SPEAK. LET' S
5 NOT TURN THIS INTO A CARNIVAL TONIGHT. WE KNOW MOST OF YOU
6 ARE VERY STRONGLY OPPOSED TO THE PROJECT. LET' S GET THROUGH
7 THE HEARING IN A COURTEOUS MANNER, PLEASE.
•
8 MR. BERRINS (SIC) : MAYORS AND MEMBERS OF THE
9 COUNCIL, GOOD EVENING. MY NAME IS RUSSELL G. BERRINS, I' M
1c) AN ATTORNEY, AND I REPRESENT SIGNAL LANDMARK, INC. , WHICH IS
11 THE OWNER OF THE MAJORITY OF THE 16 HUNDRED ACRES IN THE
12 BOLSA CHICA PROJECT.
MR. HOLM HAS THANKED YOU FOR YOUR
14 PARTICIPATION, AND I WANT TO CHARACTERIZE AND UNDERLINE THAT
15 PARTICIPATION WITH SOME ADJECTIVES THAT I WOULD CALL
16 MARATHON NEGOTIATIONS. THOSE NEGOTIATIONS HAVE BEEN
17 DEDICATED, THEY' VE BEEN IN EARNEST, WE APPRECIATE THE INPUT
18 THAT WE' VE RECEIVED FROM BOTH COUNCILMEN, FROM THE STAFF,
. 19 FROM THEIR SPECIAL COUNCIL, AND I' LL HAVE TO ADMIT TO YOU
20 THAT WE DON' T AGREE ON ALL POINTS. AND WE'VE MADE A LOT OF
21 CONCESSIONS ON THE POINTS THAT HAVE BEEN MADE BY THE CITY.
22 AND ALTHOUGH SOME OF THOSE CONCESSIONS WE DON' T LIKE, WE SEE
THE NECESSITY OF THOSE CONCESSIONS AS GETTING TOGETHER AND
24 GETTING THIS PROJECT ON A POSITIVE FOOTING WITH THE CITY SO
25 WE CAN PROCEED.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 I UNDERSTAND THAT YOU' VE GIVEN US ABOUT 15
•
2 MINUTES TONIGHT TO MANE A PRESENTATION, AND WE ARE GRATEFUL
3 FOR THAT OPPORTUNITY BECAUSE THE POINTS I WANT TO TOUCH ON
4 ARE IMPORTANT TO THE CITY AND TO THE PUBLIC AS AN
•
5 UNDERSTANDING ON THE VOTE THAT YOU ARE GOING TO BE REQUESTED
6 TO MAKE.
7 I WANT TO POINT OUT TO YOU THAT THERE ARE 3
•
8 EXHIBITS, WHICH WE HAVE TAKEN THE LIBERTY TO POST, ACTUALLY
9 THERE' S 4, WE HAVE THE OLD -- THE 1985 APPROVED, CERTIFIED
. 10 LAND USE PLAN, TO ILLUSTRATE SOME OF THE MORE IMPORTANT
11 POINTS THAT WE WISH TO MANE. THE FIRST EXHIBIT, OR THE
lc SECOND EXHIBIT ON MY LEFT AND BEHIND COUNCILMAN FINDLEY
. 13 INDICATES THE APPROVED LAND USE PLAN, AND THEN THE NEXT ONE
14 TO THE RIGHT OF THAT WITH ALL THE BLUE, INDICATES THAT THE
15 PRIMARY PURPOSE, AND MOST OF THE PURPOSES OF THIS PROJECT
16 ARE DEDICATED TO PUBLIC USE.
17 BOLSA CHICA IS THE LARGEST EFFORT EVER
18 UNDERTAKEN TO RESTORE THE COASTAL SALT MARSH THAT WE ARE
19 AWARE OF. THIS OPPORTUNITY TO RESTORE WETLANDS WAS THE
20 UNDERLYING MOTIVE OF THE CALIFORNIA RESOURCES AGENCY AND
21 GOVERNOR REAGAN IN APPROVING THE BOLSA CHICA BOUNDARY
22 AGREEMENT IN 1973. STATE, FISH, AND GAME, AND THE STATE
23 ARCHITECT WERE THE SOURCE OF THE BASIC ARRANGEMENT THAT
24 CALLED FOR THE CONSTRUCTION OF THE NAVIGABLE OCEAN ENTRANCE
25 TO BOLSA BAY TO PROVIDE BOTH ENVIRONMENTAL ENHANCEMENT AND
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
42
1 NEW RECREATIONAL OPPORTUNITIES. SIGNAL LANDMARK ON ITS PART
PARTICIPATED BY DEEDING OVER SOME 300 ACRES TO PUBLIC
3 OWNERSHIP AND RESERVED ANOTHER 230 ACRES AS A LEASE OPTION
4 FOR THE STATE TO GAIN OWNERSHIP AS SIGNAL' S SHARE OF
5 RESTORING THE OCEAN -- CREATING THE OCEAN ENTRANCE.
E SIGNAL, IN 1978, ALSO CONTRIBUTED 450
7 THOUSAND DOLLARS TO MAKE POSSIBLE THE EXISTING 160 ACRE
8 BOLSA CHICA ECOLOGICAL RESERVE. AND ADDITIONAL LATER FUNDS
1? FOR SCIENTIFIC STUDIES THAT HAVE HELPED TO BRING THIS
. to MARVELOUS RESOURCE INTO FRUITION, IS ENJOYED TODAY BY MANY
11 HUNDREDS OF NATURE ENTHUSIASTS WHO VISIT THE BOLSA CHICA
12 AREA.
13 NOW SIGNAL IS PREPARED TO TAKE THE NECESSARY
14 STEPS TO TRIPLE THE SIZE OF THE EXISTING ECOLOGICAL RESERVE
15 BY RESTORING ADDITIONAL LOW LANDS TO WETLANDS CONDITION, AND
;.6 TURNING THOSE ACRES OVER TO STATE OWNERSHIP FOR A TOTAL OF
17 AT LEAST 915 ACRES OF STATE OWNED RESTORED WETLANDS. SIGNAL
18 AND SB1517 IS OFFERING ALSO, AS YOU' VE HEARD, TO POST 12
19 MILLION DOLLARS TO ASSURE THAT THIS RESTORATION WILL OCCUR
20 PRIOR TO THE INITIATION OF ITS OWN DEVELOPMENT IN THE
21 WETLANDS. THE APPROVED LOCAL COASTAL PROGRAM, LAND USE
22 PLAN, REQUIRES THAT SIGNAL COMPLETE THIS RESTORATION BEFORE
23 DEVELOPMENT IN THE BOLSA CHICA LOW -- BEFORE THE DEVELOPMENT
24 OF BOLSA CHICAGO LOW LANDS CAN OCCUR.
25 SIGNAL IS RESPONSIBLE, WORKING UNDER THE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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43
1 DIRECTION OF THE STATE DEPARTMENT OF FISH AND GAME, TO MAKE
2 SURE THAT THIS WETLANDS RESTORATION HAPPENS. SIGNAL ACCEPTS
THAT RESPONSIBILITY. I POINT OUT TO YOU THAT THERE ARE OVER
4 28 SECTIONS IN SB1517, MANY OF THEM PLACED IN THE FILL BY
5 YOUR CITY STAFF AND PERSON -- AND COUNCIL THAT ARE DESIGNED
6 TO REINFORCE THE GUARANTY' S OF THE COASTAL PLAN TO ASSURE
7 RESTORATION, CREATION, OPERATION, AND MAINTENANCE OF THE
8 WETLANDS.
9 I DWELL ON THESE FACTS BECAUSE I' M AWARE THAT
w 10 THERE ARE MANY IN THE AUDIENCE WHOSE PRIMARY GOAL AND
11 INTEREST IN THE BOLSA CHICA IS WETLANDS RESTORATION. I AM
12 AWARE THAT THE PEOPLE OF HUNTINGTON BEACH DESIRE THAT THE
13 ENVIRONMENTAL QUALITY OF THIS VAST COASTAL AREA COME FIRST
14 IN YOUR CONSIDERATION. SB1517 FULFILLS THOSE INTERESTS, AND
15 THE PRIORITY INTEREST OF THE STATE OF CALIFORNIA IS WETLANDS
16 RESTORATION AND MAINTENANCE.
17 HOW DOES THIS ALL HAPPEN? WHO PAYS FOR THIS
18 VAST EFFORT? HOW DO YOU BALANCE THE INTEREST INVOLVED
19 BETWEEN THE PUBLIC AND THE PRIVATE LAND OWNER WHO IS
20 REQUIRED TO FULFILL THE REQUIREMENTS OF PUBLIC POLICY AND
21 INTEREST? THE STATE' S CONCEPT IN THE 173 BOUNDARY AGREEMENT
22 WAS THAT A COMMERCIAL BOATING ENTERPRISE WOULD ASSIST IN
23 GENERATING THE FUNDS, AS WELL AS THE NECESSARY WATER FLOW TO
24 EXPAND THE ECOLOGICAL RESERVE. SIGNAL ON ITS PART WOULD
25 PROVIDE WATER FRONT AND OCEAN VIEW RESIDENCES, THAT ALONG
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 WITH THE MARINA AND COMMERCIAL ENTERPRISE, WOULD PROVIDE THE
ASSESSMENT AND THE USER FEE BASE FOR FUNDING THE PUBLIC
3 INTEREST FACILITIES. THIS INDEED IS HOW THE PLANNING HAS
4 WORKED OUT.
5 THE COUNTY OF ORANGE ELABORATED ON THE
G STATE' S SEMINAL PLANS, AND INSTITUTED EVEN MORE WETLANDS
7 RESTORATION AS REQUESTED BY FISH AND GAME AND THE COASTAL
e CONSERVANCY. FURTHER, THE COUNTY REQUIRED A LARGER PUBLIC
9 BOATING RECREATIONAL FACILITY THEN THAT WOULD SERVE THE
. 10 BROADER REGIONAL DEMAND FOR WATER ORIENTED RECREATION.
it FURTHER, THE BOARD OF SUPERVISORS DICTATED IN
12 THIS AGE OF STRINGENT, LOCAL, GOVERNMENT BUDGETS THAT THE
13 PROJECT MUST BE ECONOMICALLY SELF SUFFICIENT. THOSE WHO USE
14 AND BENEFIT FROM THE PROJECT WOULD PAY FOR IT, NOT THE
15 GENERAL TAX PAYER. WE HAVE ADHERED TO THAT STRUCTURE
1E THROUGHOUT THE PLANNING OF THIS PROJECT.
17 AS THE PUBLIC AGENCIES HAVE EXPANDED THEIR
18 DEMANDS FOR PUBLIC BENEFITS, WE AS THE PRIVATE ENTERPRISE
19 MUST INSIST THAT THERE BE ENOUGH PRIVATE AND COMMERCIAL
20 INTEREST REMAINING TO PAY THE GROWING PUBLIC COSTS. WE HAVE
21 HAD TO INSIST, SO TO SPEAK, THAT THE GOLDEN GOOSE NOT BE .
22 KILLED. WE BELIEVE OUR FINANCIAL -- AND OUR EXPERTS BELIEVE
23 THAT WE HAVE ACHIEVED THE BALANCE WHERE BOTH PRIVATE AND
E4 PUBLIC NEEDS ARE EQUALLY MET.
25 I WOULD LINE YOU NOW TO LOOK AT THE OTHER
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DOROTHY N. BAER & ASSOCIATES . t7141 645-0420
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45
1 EXHIBIT BEHIND YOU THAT I MENTIONED PREVIOUSLY CONCERNING
•
2 THE BLUE. ALSO, ON TO THE RIGHT OF THAT IS AN EXHIBIT
3 LABELED, "PROJECT BENEFITS. " I' M NOT GOING TO GO INTO ALL
4 THE PROJECT BENEFITS AT THIS TIME, AS WAS REQUIRED BY YOUR
•
5 MAYOR, WHO WANTED TO RESTRICT THIS HEARING TO THE PROVISIONS
6 OF SB1517. BUT A QUICK REVIEW OF THAT CHART INDICATES
7 CLEARLY WHAT THE PUBLIC BENEFITS ARE TO ALL CONCERNED.
•
8 HOWEVER, ALSO YOU MUST NOTE THAT THE THOUSAND
9 ACRES EXPANDED OF ECOLOGICAL RESERVE INITIAS (SIC) -- THERE
i{) IS A THOUSAND ACRES TO BE EXPANDED FOR ECOLOGICAL RESERVE
it INITIAS. THE PUBLIC WATER WAYS AND TAKING -- TAKES ANOTHER
12 60 ACRES TO BE TURNED OVER TO THE STATE. ANOTHER 80 ACRES
. 13 OF WATER SITE COMMERCIAL AND VISITOR FACILITIES, A PORTION
14 OF WHICH WILL GO TO THE PUBLIC DOMAIN. ANOTHER 130 ACRES
15 FOR THE SO-CALLED LINEAR REGIONAL PARK OF TRAILS AND OVER-
` 16 LOOKS CONNECTING THE HUNTINGTON BEACH CENTRAL PARK TO THE
17 SANDY STRETCHES OF BOLSA CHICA STATE BEACH. ANOTHER 95
18 ACRES FOR PUBLIC UTILITIES AND STREETS.
19 AND THE BOTTOM LINE IS THERE WILL ONLY BE 200
20 ACRES LEFT IN THE LOW LANDS FOR DEVELOPMENT BY PRIVATE
21 OWNERSHIP, INCLUDING THE MESA, WHICH WILL ADD ANOTHER
22 ADDITIONAL 170 ACRES, THERE' S A TOTAL OF 370 ACRES OUT OF
23 THE ORIGINAL 16 HUNDRED ACRES THAT WILL BE LEFT FOR PRIVATE
24 DEVELOPMENT.
25 ANOTHER EXHIBIT, WHICH IS COLORED TO SHOW THE
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DOROTHY N. BAER & ASSOCIATES . (714) 645-0420
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1 STATE OWNERSHIP BY THE STATE OF CALIFORNIA, WHICH NOW OWNS
•
S SOME 300 ACRES, PLUS THE 230 ACRES IN OPTION, COMPARED
3 NEARLY TO 2/3 OF THE TOTAL PROJECT AREA WHICH IS SCHEDULED
4 TO BE TURNED OVER TO THE PUBLIC OWNERSHIP.
•
5 1 GUESS WHAT WE' RE SAYING HERE IS WE CAN'T
6 THINK OF ANYONE -- HOW ANYONE CAN BE LESS THAN IMPRESSED BY
7 WHAT IS HAPPENING HERE. FEW PRIVATE OWNERS HAVE TURNED OVER
s
8 SO MUCH IN EXACTION, AS IT IS CAL-LED IN A LAND DEVELOPMENT
9 PRIMITIVE PROCESS. SIGNAL STARTED OUT WITH 1, 275 ACRES AND
• 10 IS ENDING UP WITH 370 TO DEVELOP.
11 NOW WHEN YOU CONSIDER THAT LARGE, DEDICATION
12 AND DONATION OF PRIVATE PROPERTY TO PUBLIC USES, YOU MUST BE
1.3 IMPRESSED BY THE FACT THAT WE HAVE TO BE VERY CAREFUL ABOUT
14 THE ECONOMIC ANALYSIS OF HOW THE PROJECT WILL GO TOGETHER.
15 OUR ECONOMIC ANALYSIS ASSURES US THAT IN COMBINATION WITH
. 16 THE ENTERPRISE REVENUES FROM THE BOATING AND SHORESIDE
17 COMMERCIAL, THE ANNUAL ASSESSMENTS WHICH WILL NOT EXCEED 1%
18 AS WE' VE PROVIDED IN SB1517, WILL BE MORE THAN ADEQUATE TO
1'3 MEET THE PROJECT COST, AND TO REPAY BOTH THE FEDERAL COST
20 SHARE FUNDING AND THE BONDING REQUIRED TO FINANCE INTEREST
21 STRUCTURE IN THE WETLANDS RESTORATION.
22 THE PUBLIC DISTRICT TO BE FORMED BY SB1517 IS
23 A VERY COMMON VEHICLE AND HAS NUMEROUS PRECEDENT AGENCIES
24 THAT HAVE BEEN FORMED IN EVERY AREA OF THE STATE OF
25 CALIFORNIA SINCE THE ADOPTION OF PROPOSITION 13 AND BEFORE.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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THERE ARE MANY EXAMPLES OF SIMILAR AGENCIES HERE IN ORANGE
c COUNTY THAT HAVE SIMILAR FUNDING MECHANISMS FOR UNDERWRITING
THE DEVELOPMENT OF THE NEW COMMUNITIES. SUCH AS, RANCHO
4 SANTA MARGARITA, LAGUNA NIGUEL, THE CITY OF IRVINE, EL TORO,
•
5 AND MANY OTHER AREAS.
6 COMING TO THE CRUX OF THE ISSUE, SB15 FORMS
7 THE BOLSA BAY HARBOR AND CONSERVATION DISTRICT, A PUBLIC
•
8 AGENCY THAT WILL BE PRIMARILY A FUNDING MECHANISM, TO
'? CAPTURE THE APPRECIATED VALUE OF THE PROPERTY IN BOLSA CHICA
10 AS A SMALL PORTION OF THIS DEVELOPED -- OF IT IS DEVELOPED
•
11 INTO PRIVATE IMPROVEMENTS. THIS IS ESPECIALLY DESIGNED TO
1E PREVENT THE GENERAL TAX PAYER OF THE CITY OF HUNTINGTON
13 BEACH FROM BEARING THE BURDEN OF PAYING FOR ANY OF THE BOLSA
•
14 CHICA IMPROVEMENTS.
15 TO ENSURE ADEQUATE PUBLIC OVERSIGHT, AS HAS
16 BEEN MENTIONED BY YOUR STAFF, MEMBERS OF THE CITY COUNCIL,
•
17 AND A MEMBER OF THE BOARD OF SUPERVISORS WILL SIT ON THE
18 GOVERNING BOARD AND MAKE A DETERMINATION ON THE
. 19 APPROPRIATENESS OF ANY FINANCIAL MEASURE THAT IS ENACTED TO
�U FINANCE THE PUBLIC INFRASTRUCTURE ON THE PROJECT.
21 AS IT' S ALSO TO BE POINTED -- IT IS ALSO TO
. OC BE POINTED OUT THAT LATER, AS RESIDENTS MOVE INTO THE AREA,
:_S THERE IS A MECHANISM IN THE BILL TO CONVERT THE DISTRICT TO
-4 A RESIDENT VOTER DISTRICT.
• e5 IN CLOSING I'D LIKE TO PAY ONE ADDITIONAL
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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48
1 TRIBUTE, AND ADD A CAUTION. AS YOU KNOW SENATOR BERGESON,
AUTHOR OF THIS LEGISLATION, PROMISED THE CITY THAT IT WOULD
3 HAVE ESSENTIAL INPUT AND REVIEW OF ALL THE PROVISIONS OF
4 THIS BILL BEFORE IT GOES INTO EFFECT. AN ADDITIONAL
5 PROTECTION HAS BEEN ADDED THAT THE L. C. P. MUST BE CERTIFIED
6 BY THE COASTAL COMMISSION BEFORE THE PUBLIC AGENCY BECOMES
7 OPERATIVE. THE OTHER PROTECTION HAS YOU' VE HEARD TONIGHT
6 BEFORE, IS THAT THE CITY AND SIGNAL LANDMARK MUST COME TO AN
9 AGREEMENT OVER AN ANNEXATION AND DEVELOPMENT AGREEMENT
lip BEFORE THE BILL GOES INTO EFFECT.
1 WE HAVE TO TELL YOU, AND WITH GREAT RESPECT,
12 THAT THESE PROTECTIONS HAVE HANDED THE CITY A POTENTIAL VETO
iu POWER. WE DISAGREE WITH THAT MUCH POWER IN THIS PROCESS,
14 AND WE CAUTION YOU TO EXERCISE IT WITH GREAT CARE. AND I
15 THINK THAT THE REALITY OF THE SITUATION IS THAT WE WILL HAVE
16 TO LIVE WITH THAT TYPE OF POWER ON THE PART OF THE CITY.
17 THIS BILL PROVIDES THE CITY OF HUNTINGTON
18 BEACH, HOWEVER, WITH THE OPPORTUNITY TO BECOME A PARTICIPANT
. 19 IN THE PLANNING OF BOLSA CHICA, ALONG WITH THE COUNTY OF
20 ORANGE, AND THE MANY STATE AND FEDERAL AGENCIES THAT HAVE
21 REGULATORY PURVIEW. AND I AGREE WITH THE STAFF' S
. ;22 RECOMMENDATION THAT IF THE CITY DOES NOT SUPPORT THIS BILL
THEN THE LAND OWNER WILL BE FORCED TO SEEK OTHER MEASURES,
;.4 WHICH AS YOUR STAFF INDICATES, WOULD TAKE THE CITY OUT OF
=c THE LOOP AND WE DON' T WANT THAT ANY MORE THAN YOU DO. WE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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49
1 WANT TO GO FORWARI) ON THIS PROJECT ON A POSITIVE BASIS.
BECAUSE OF THE MANY UP FRONT COSTS THAT MUST
BE BORN BY THE DEVELOPER, AND BECAUSE OF THE LARGE ADVANCE
4 INVESTMENT REQUIRED, AND THE MANY PUBLIC BENEFITS, SIGNAL
5 LANDMARK IS SEEKING THIS LEGISLATION ALONG WITH THE PROPOSED
F ANNEXATION AND DEVELOPMENT AGREEMENT AS IT' S ASSURANCE THAT
7 THE PROJECT WILL PROCEED UNINTERRUPTED BY THE VISTATUDES OF
8 LOCAL POLITICAL TIDES. THIS IS, FRANKLY, WHY SIGNAL HAS
9 WORKED SO HARD WITH YOU TO SHAPE THIS LEGISLATION INTO A
10 WORKABLE PACKAGE. THIS BILL IS NOT PREMATURE AS SOME WILL
1 :i. ASSERT. THIS IS A VERY SERIOUS APPROACH TO PROVIDE AN
12 OUTSTANDING PUBLIC AND PRIVATE COOPERATIVE BENEFIT. TO
13 PROVIDE BENEFITS AND PROTECTION TO THE COAST OF ORANGE
14 COUNTY AND HUNTINGTON BEACH, ESPECIALLY IN THE AREA OF SAND
15 REPLENISHMENT, AND WETLANDS RESTORATION.
16 THE MATTER BEFORE YOUR CITY COUNCIL TONIGHT
17 AS THE COUNCIL IS WELL AWARE, IS THE CITY STAFF'S
18 RECOMMENDED VOTE OF SUPPORT OF SB1517, AS THE CITY ITSELF
19 HAS CRAFTED THIS MEASURE. I WOULD REMIND YOU THAT MANY
20 SECTIONS IN THE BILL, THE CITY HAS EXPRESSED CONCERN ABOUT,
21 OVER 5o OF THEM HAVE BEEN AMENDED OR CONSIDERED BY THE CITY
22 AND VOTED UPON, EITHER BY A MAJORITY OR BY UNANIMOUS VOTE.
FINALLY, I WANT TO COMMEND OUR GOOD SENATOR,
24 MARIAN BERGESON, FOR HER DILIGENT AND SUCCESSFUL EFFORT TO
c BRING TOGETHER THE MANY LEGITIMATE PARTY' S INTEREST IN THE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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50
BOLSA CHICA PROJECT, AND TO LITERALLY FORCE ALL OF US TO
•
ADDRESS THE ISSUES OF CONCERN IN A LEGISLATIVE CONTEXT. IT
IS ANOTHER DEMONSTRATION OF THE DEMOCRATIC PROCESS BALANCING
4 PRIVATE PROPERTY RIGHTS WITH PUBLIC INTEREST AND COMING UP
•
5 WITH THE RIGHT ANSWERS.
t, ON BEHALF OF SIGNAL LANDMARK, INC. WE URGE
7 YOUR VOTE AND SUPPORT OF SB1517. SHOULD ANY PARTICULAR
8 QUESTION BE RAISED ABOUT THE LEGISLATION, I WILL REMAIN IN
1Y THE AUDIENCE FOR A REASONABLE PERIOD OF TIME TO ANSWER
1n QUESTIONS FROM --
•
i�. MR. MAZE: I THINK WE DO HAVE A COUPLE QUESTIONS,
1' MR. BERRINS.
13 MAYOR: THANK YOU, COUNCILMAN MAZE.
•
14 PARTICIPANT: YES, MR. BERRINS, IN YOUR OPINION,
15 WHY IS THIS STILL NEEDED AT THIS TIME, AND WHY IS IT NEEDED
iG IN VIEW OF OTHER ALTERNATIVES THAT SOME PEOPLE HAVE BEEN
•
17 TALKING ABOUT?
18 MR. BERRINS: THE REASON THE BILL IS NEEDED IS
• 1S BECAUSE THERE ARE MANY LOCAL, CITY, COUNTY, STATE, AND
FEDERAL INTEREST IMPACTED BY THE PROJECT. YOU HAVE
:1 WETLANDS, YOU HAVE FLOOD CONTROL, YOU HAVE SANITATION, YOU
• 22 HAVE WATER, SAND REPLENISHMENT, THE HARBOR AND OCEAN
ENTRANCE, MARINA PARKS, AND NATURAL RESOURCES. A GREAT DEAL
24 OF COORDINATION IS GOING TO BE REQUIRED TO RECONCILE ALL THE
• '_5 VARIOUS AGENCIES AND THEIR INTEREST IN THE PROJECT AREA.
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DOROTHY N. BAER & ASSOCIATES (714) 645-(_)420
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•
51
1 AGAIN, YOU HAVE TO REMEMBER THAT THE PROJECT
•
DURATION IS FOR 15 TO 20 YEARS, AND THERE IS NO SINGLE BODY
UNDER ANY EXISTING LAW THAT APPLIES TO RECONCILE ALL OF
4 THESE INTERESTS IN ONE COHERENT OR INDEPENDENT JUDGEMENT.
•
5 SO WHAT WE' VE DONE_ HERE IN THIS LEGISLATION IS CREATE A
6 LOCAL PUBLIC AGENCY CONSISTING OF THE CITY, THE COUNTY, AND
7 THE LAND OWNERS TO RECONCILE THESE CONCERNS AND CREATE A
•
3 CONTRACTUAL MECHANISM BETWEEN THE DISTRICT AND THE STATE AND
THE FEDERAL GOVERNMENT CONCERNING WETLANDS RESTORATION,
1 � PROJECT IMPLEMENTATION, AND FINANCING.
•
1 �. THE LEGISLATION ALSO PROVIDES AN ELEMENT OF
12 PROOF OF FINANCIAL FEASIBILITY OF THE PROJECT TO THE COASTAL
i3 COMMISSION, AS PART OF THE COASTAL PROCESS SCHEDULED FOR
•
'_4 LATER THIS YEAR.
15 SO THAT IS THE REASON WE NEED THE BILL IS TO
• 16 BRING IT ALL TOGETHER SO THAT ALL THESE ISSUES CAN BE
17 RESOLVED AROUND ONE TABLE RATHER THAN AN INDEPENDENT --
18 BEFORE INDEPENDENT BODIES WITH SO MANY DIFFERENT ATTITUDES
• 113 AND AGENDA' S.
CG PARTICIPANT: WHY IS THE BILL NEEDED AT THIS
21 PARTICULAR TIME?
-2 MR. BERRINS: WELL THE BILL IS NEEDED AT THIS
TIME BECAUSE WE HAVE TO GET ON WITH THE PROJECT. WE HAVE TO
4 SHOW THAT -- TO THE COASTAL COMMISSION THAT THIS PROJECT IS
• _5 ECONOMICALLY FEASIBLE. WITHOUT THIS BILL THERE IS NO WAY TO
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DOROTHY N. BAER & ASSOCIATES (714) 645-��420
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1 ASSURE THE COASTAL COMMISSION THAT ALL THESE OTHER
•
INDEPENDENT AGENCIES WOULD BE WILLING TO PARTICIPATE TO MAKE
3 THIS PROJECT GO FORWARD ON AN ECONOMIC BASIS.
4 PARTICIPANT: OKAY, THANK. YOU.
•
5 PARTICIPANT: I HAVE ONE QUESTION. MR. BERRINS,
THERE' S BEEN ARTICLES ABOUT LITIGATION WITH RESPECT TO THE
7 PROPERTY.
•
MR. BERRINS: YES.
PARTICIPANT: WHAT' S THE STATUS OF THAT, AND
THESE HAVE BEEN ONGOING FOR -- YOU COULD GIVE A FULL HISTORY
•
ll OF THAT.
MR. BERRINS: YES, THERE HAVE BEEN -- THERE HAS
1?. BEEN A COMPLAINT FILE BY THE AMIGO'S DE BOLSA CHICA. THERE
•
14 HAVE BEEN SEVERAL DEMURRERS TO THE COMPLAINT, WHICH I HAVE
i5 AN UNDERSTANDING THAT THE DEMURRERS HAVE BEEN SUSTAINED ON
16 SEVERAL OCCASIONS. WE HAVE COUNSEL HERE FROM THE STATE
•
17 ATTORNEY GENERAL' S OFFICE, AND FROM SIGNAL' S ATTORNEY' S,
18 NASSAMAN (SIC) , KRUGER (SIC) , AND KNOX (SIC) WHO ARE HERE
19 AND WILLING TO GIVE YOU MORE -- FULL ANSWER ABOUT THE
0 LITIGATION. I' D LIKE TO CALL ON THEM AT THIS TIME.
1 PARTICIPANT: FINE.
• 2,2 MR. BERRINS: THANK YOU. I' D LIKE TO CALL ON MR.
- KOFER (SIC) , AND MR. GREG TAYLOR (SIC) PLEASE.
24 MAYOR: I' D LIK.E TO HEAR -- MR. BERRINS, I' D LIKE
. 25 TO HEAR FROM THE ATTORNEY GENERAL'S OFFICE FIRST IF THEY' RE
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DOROTHY N. BAE R & ASSOCIATES (714) 645-o420
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53
HERE.
1
2 MR. BERRINS: MR. TAYLOR?
MAYOR: YEAH.
4 (PAUSE)
1
MR. TAYLOR: MR. CHAIRMAN, MY NAME IS N. GREGORY
6 TAYLOR, I' M ASSISTANT ATTORNEY GENERAL IN CHARGE OF THE LAND
7 SECTION, AND AM HANDLING THE LITIGATION IN --
H MAYOR: COULD YOU RAISE THE MICROPHONE, THERE' S A
j BUTTON THERE ON THE SIDE THERE -- SO THE PUBLIC CAN HEAR.
MR. TAYLOR: MY NAME IS N. GREGORY TAYLOR, I' M AN
1
1 ASSISTANT ATTORNEY GENERAL IN CHARGE OF THE LAND SECTION,
12 AND OUR SECTION IS HANDLING THE LITIGATION ON BEHALF OF THE
13 STATE LANDS COMMISSION, AND THE STATE OF CALIFORNIA, THE
'4 DEPARTMENT OF FISH AND GAME.
15 MAYOR: THE QUESTION IS, WHAT' S THE STATUS OF THE
' L6 LITIGATION FROM YOUR PERSPECTIVE?
17 MR. TAYLOR: WE HAVE SUCCESSFULLY DEMURRERED
18 TWICE, AND BEEN SUSTAINED ON APPEAL ONCE. THE CASE WAS
19 REBANDED FOR A DETERMINATION OF UNRESOLVED ISSUES LEFT IN
20 THE CASE BECAUSE IT WAS NOT A FINAL JUDGMENT. IT HAS BEEN
21 RETURNED TO THE SUPERIOR COURT FOR RESOLUTION OF THOSE
1_2 MATTERS, AND THE COMPLAINT, THE NEWEST COMPLAINT IS NOT YET
BEEN SERVED ON US, ALTHOUGH WE HAVE A COURTESY COPY OF IT AT
24 THIS TIME.
=� MAYOR: COULD YOU SAY WHAT THAT MEANS IN ENGLISH
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DOROTHY N. BAER R ASSOCIATES (714) 645-0420
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54
M ,
(AUDIENCE APPLAUSE AND LAUGHTER)
S MR. TAYLOR: THERE HAS BEEN A FOURTH AMENDED
4 COMPLAINT FILED BY THE AMIGO' S AGAINST THE STATE AND SIGNAL.
•
5 THAT MEANS THAT THE LAWSUIT IS STARTING UP AGAIN.
6 PARTICIPANT: IN YOUR OPINION WHERE IS THE STATE
INTEREST IN THE PROJECT AND IN THE LAND USE. AND WHAT IS
8 THE CURRENT LEGAL SITUATION?
:j MR. TAYLOR: THE STATE' S INTEREST IS IN
PROTECTING THE SETTLEMENT WHICH THE STATE MADE IN 1973,
11 WHICH ALLOWED THE CREATION OF THE ECOLOGICAL RESERVE AS YOU
1 NOW KNOW IT. AS A PART OF THAT AGREEMENT, THERE IS A
1., PROVISION TO STUDY VARIOUS ALTERNATIVES, AND IF ONE OF THOSE
114 ALTERNATIVES WAS TO PROVIDE FOR AN OCEAN ENTRANCE SYSTEM THE
15 STATE WOULD RECEIVE ADDITIONAL PROPERTY AS A PART OF THAT
16 PROJECT. THOSE ARE 2 SEPARATE PARTS. THE PLANNING DECISION
17 FOR BOLSA CHICA HAVE PROCEEDED SEPARATELY FROM THE
18 LITIGATION. BOTH OF THEM WILL PROBABLY TAKE ABOUT THE SAME
. 19 LENGTH OF TIME. AND IT IS EXPECTED THAT IN BOTH CASES QUITE
20 A BI-f OF TIME WILL BE NECESSARY TO ASSESS ALL OF THE
21 ALTERNATIVES THAT HAVE BEEN PRESENTED, AND THAT THIS SHOULD
`c GO CONCURRENTLY.
? MAYOR: DO YOU HAVE ANY OPINION AS TO WHEN THIS
24 WILL BE RESOLVED? ALL THESE VARIOUS ACTIONS?
=J MR. BERRINS: I' VE BEEN WORKING ON THIS FOR ABOUT
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
� 1
55
20 YEARS NOW, SO I DON' T THINK THAT I WOULD -- I DON' T THINK
THAT I WILL MAKE ANY ESTIMATES OF TIME. WE HOPE PROMPTLY.
MAYOR: YOU' RE NOT BORED WITH IT YET, THOUGH?
4 MR. BERRINS: NO.
r
S MAYOR: ANY OTHER COMMENTS? THANK YOU. ANY
E OTHER QUESTIONS? I GUESS THAT' S IT. DOES THAT CONCLUDE
7 YOUR PRESENTATION, MR. BERRINS?
MR. BERRINS: YES IT DOES, MR. MAYOR.
MAYOR: WE' VE GONE OVER THE TIME LIMIT. THANK
17 YOU.
1:L MR. BERRINS: WELL, ONE THING, I JUST WISH TO
12 STATE THAT OUR VIEW OF THE LITIGATION IS THAT IT WILL NOT
. 13 IMPEDE OR STOP THE PROCESSING OF THE PROJECT.
14 MAYOR: PETER, DO YOU AND COUNCIL AGREE. OKAY.
15 MR. BERRINS: THANK YOU.
. , MAYOR: COUNCILWOMAN WINCHELL.
17 COUNCILWOMAN WINCHELL: MR. BERRIN, I HAD ONE
18 QUESTION FOR YOU. IN YOUR PRESENTATION YOU MADE THE
i 19 PRESENTATION OF THIS MAP TALKING ABOUT THE PUBLIC BENEFIT.
.::,o WHO CHOSE THOSE PUBLIC BENEFITS FOR THE PUBLIC? WAS THIS
1 SOMETHING THAT SIGNAL WANTED AS PART OF THEIR DEVELOPMENT?
A LARGE PART OF THEM?
MR. BERRINS: NO, THIS IS -- THIS WAS PART OF THE
24 PLANNING PROCESS THAT TOOK PLACE AT THE COUNTY LEVEL. AND
5 IT WAS A MIXTURE OF REQUIREMENTS BY -- OF THE STATE, BY FISH
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DOROTHY N. BAER ASSOCIATES (714) 645—G42�7
56
AND GAME, BY 'THE COUNTY, AND OTHER AGENCIES, AND OF COURSE
THE COASTAL CONSERVANCY. AND OF COURSE SIGNAL HAD INPUT IN
G THAT ALSO, BUT IT DID -- I WILL TELL YOU THAT IT DID NOT
4 VOLUNTEER TO GIVE ALL OF THAT PROPERTY UP FOR PUBLIC USE IN
THE PROCESS. AS I RECALL THERE WAS A LARGER DEVELOP WITH
S LARRY WHEN THE PROJECT BEGAN.
COUNCILWOMAN WINCHELL : BUT WHEN YOU ADD UP ALL
THESE PUBLIC BENEFITS, AREN' T YOU INCLUDING THE OCEAN CUT,
'? AND THE INFRA-STRUCTURE THAT' S REQUIRED FOR THE DEVELOPMENT?
i ? MR. BERRINS: YES, OH YES, I MEAN THAT IS FOR THE
ii BENEFIT OF THE PUBLIC.
12 COUNCILWOMAN WINCHELL : RIGHT.
i:3 MR. BERRINS: AND MANY OF THOSE BENEFITS EXCEED
14 THE LOCAL AREA OF THE PROJECT. SUCH AS THE CROSS-GAP
15 CONNECTOR, THE COAST TRUNK SEWER, THE ELEVATION OF PCH AND
` _6 ALL THOSE ITEMS.
17 COUNCILWOMAN WINCHELL: BUT WITH A MORE MODEST
i8 PROJECT THERE WOULD BE A LESSOR COST PER PUBLIC BENEFIT?
. 19 MR. BERRINS: YOU KNOW, I' M GOING TO LEAVE THAT
-�? QUESTION, AND THE ANSWER TO THAT QUESTION TO THE COASTAL
�1 COMMISSION. SB1517 IS NOT A PLANNING BILL, AND IT' S NOT
APPROPRIATE FOR ME TO DISCUSS THOSE PLANNING ISSUES BEFORE
THIS BODY. THAT IS MORE APPROPRIATELY DISCUSSED AT THE FEET
24 OF THE COASTAL COMMISSION.
_5 COUNCILWOMAN WINCHELL: THANK YOU.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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57
MAYOR: COUNCILMAN GREEN.
r
COUNCILMAN GREEN: NOW, AS WE BEGIN THE PUBLIC
3. HEARING, I MUST SAY I FEEL IT IS UNREASONABLE TO REQUEST
4 THAT THE PUBLIC GIVING TESTIMONY CONFINE THEMSELVES ONLY TO
r
SENATE BILL 15 AND 17, FOR A NUMBER OF REASONS. ONE IS THAT
6 THE TESTIMONY TO THE PRESENT HAS NOT DONE SO. WE' VE HAD
TESTIMONY ON THE LAWSUIT FROM MR. TAYLOR, AND THERE MAY WELL
8 BE PEOPLE WHO WANT TO SPEAK ABOUT THE LAWSUIT. AND MR.
9 BERRINS, OF COURSE, HAS THE LAND USE PLAN HERE, AND SOME OF
") HIS TESTIMONY. AND IT' S TRUE THAT IN THE MINDS OF MANY OF
11 US THERE' S A VERY CLOSE RELATIONSHIP BETWEEN THE LAND USE
PLAN AND THIS BILL. JUST AS THERE' S A VERY CLOSE
. 1-:- RELATIONSHIP BETWEEN THE CONSTRUCTION OF THE HARBOR AND THE
14 ESTABLISHMENT OF THE HARBOR DISTRICT. SO I WOULD SUGGEST
15 THEN THAT WE BROADEN THE AREA OF COMMENTS OF THE PEOPLE
I PRESENT THIS EVENING.
17 (APPLAUSE)
18 MAYOR: PRIOR TO THE PUBLIC HEARING, AND I
r 19 BELIEVE MADAM PERK YOU HAVE A SIGNIFICANT AMOUNT OF SLIPS
Lip TURNED IN. WE DID WANT TO ALLOW THE REPRESENTATIVE OF THE
`1 AMIGO' S TO BOLSA CH I CA TO TAKE AS MUCH TIME AS THEY NEEDED
r 22 TO MAKE THEIR PRESENTATION.
22 MS. MORRISON: THAT' S FINE, THANK YOU. GOOD
`4 EVENING MR. MAYOR, AND LADIES AND GENTLEMEN OF THE COUNCIL.
25 MY NAME IS ADRIAN MORRISON, I' M THE EXECUTIVE COORDINATOR
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
3
58
i WITH AMIGO'S DE BOLSA CHICA, AND A RESIDENT OF HUNTINGTON
BEACH FOR 19 YEARS.
THE AMIGO' S DE BOLSA CHICA NORMALLY FOCUSED
4 THEIR ATTENTION ON THE BOLSA CHICA WETLANDS. WE OFFER A
r
5 SPEAKERS PROGRAM, EDUCATIONAL TOURS, SERVICE TO FISH AND
6 GAME DEPARTMENT THROUGH OUR VOLUNTEER EFFORTS SERVING THE
7 PUBLIC. TONIGHT, HOWEVER, OUR CONCERN FOR BOLSA CHICA IS
e MORE GENERAL. A CONCERN FOR THE PUBLIC AND THE IMPACTS.
q THE IMPACTS OF SAND LOSS, RECREATIONAL LOSS, INCREASED
. 10 TRAFFIC TO THE IMPACT, THE SENATE BILL 1517 SPONSORED BY
SENATOR BERGESON.
1 WHAT WE SEE HERE ARE PUBLIC CONCERNS FOR A
* 13 PRIVATE DEVELOPMENT PROJECT, AND WHY THESE CONCERNS?
i4 BECAUSE BOLSA CHICA IS NOT JUST A PRIVATE PROJECT ON PRIVATE
15 PROPERTY FUNDED WITH PRIVATE FINANCES. IT IS A PUBLIC
i6 PROJECT ON PUBLIC PROPERTY REQUIRING MASSIVE AMOUNTS OF
17 PUBLIC FINANCING, WHICH WE ARE TOLD WILL BE A DEMONSTRATION
18 PROJECT FOR THE NATION, AND IT WILL HAVE UNIQUE PUBLIC
. 19 IMPACTS. HOW VERY TRUE. IT WILL REQUIRE THE LOSS OF ONE-
;_C) THOUSAND FEET OF SANDY BEACH FROM BOLSA CHICA BEACH, THE
c1 SECOND MOST POPULAR BEACH FACILITY IN THE STATE BEACH AND
C` PARK SYSTEM. YOU MIGHT BE SURPRISED AS I WAS, THAT LAST
:_C YEAR' S SUMMER MONTHS AUTO COUNTS AT BOLSA CHICA WERE VERY
'_4 REVEALING. IN THE MONTH OF JUNE THEY HAD 295, 400 CARS. IN
JULY, 383, 750 CARS. IN AUGUST, 468, 30o CARS. NOW THAT' S
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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59
1 NOT PEOPLE, THAT' S AUTOMOBILES. THAT IS JUST THE NUMBER OF
CARS THAT WENT THROUGH THE STATE BEACH ENTRANCE.
HOW MANY PEOPLE, AND HOW MANY CARS, AND
4 PARKING PLACES WILL BE DISPLACED BY THE THOUSAND FEET OF
r
5 BEACH THAT WILL BE LOST? HOW MANY PEOPLE WILL INSTEAD
6 ENJOY THEIR BOATS ON A SUMMER WEEKEND? HOW MANY PEOPLE
7 WILL HAVE NOT THE ACCESS TO THE RELATIVELY FREE OR
8 INEXPENSIVE PUBLIC RECREATION THAT THE BEACH OFFERS? THE
BOATING CHANNEL WILL GO RIGHT THROUGH OUR BOLSA CHICA STATE
1 :? BEACH, THROUGH THE PARKING LOT, THROUGH THE PUBLIC' S BIKE
11. PATH. AND IT WILL BE NECESSARY TO PROTECT THIS OPENING BY
1 MASSIVE JETTIES ON EITHER SIDE, AND A 3/4 MILE LONG BREAK
® iu WATER OFFSHORE. THIS IS A GREAT PUBLIC LOSS, AND THE PUBLIC
14 HAS EVERY RIGHT TO DECIDE HOW THE PUBLIC BEACH, ONCE NOT SO
15 VERY LONG AGO CALLED TIN-CAN BEACH, WHICH WAS CLEANED UP
• 1E WITH OUR PUBLIC MONEY. NOW WE WANT TO SHARE IT AND TO KEEP
17 ENJOYING IT.
18 NOT ONLY WOULD THERE BE DIRECT LOSS OF BEACH,
• ' 3 BUT EVERY TECHNICAL EXPERT IS CONCERNED ABOUT THE IMPACT OF
try THE JETTIES ON THE BEACH SAND EROSION TO THE SOUTH. BECAUSE
21 OF THE CONSTANT MOVEMENT OF SAND FROM NORTH TO SOUTH, A VERY
• `S ELABORATE AND VERY EXPENSIVE ESTIMATED TO BE ONE TO TWO
MILLION DOLLARS YEARLY, SAND BYPASS SYSTEM WOULD HAVE TO BE
.�4 INSTALLED. AS OF YET NO ONE, INCLUDING THE CORP OF
S :5 ENGINEERS, HAS BEEN ABLE TO GIVE US EXAMPLES OF SUCCESSFULLY
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DOROTHY N. BAER R ASSOCIATES (714) 645-o420
•
60
1 OPERATING SAND BYPASS SYSTEMS ANYWHERE IN THE WORLD. THE
•
CITY OF OCEANSIDE, WHICH IS LOCATED IN THE LITERAL CELL,
EXACTLY AS HUNTINGTON BEACH IS PLACED IN THEIR LITERAL CELL,
4 HAS BEEN STRUGGLING FOR OVER 40 YEARS TO SOLVE THEIR EROSION
•
5 PROBLEMS WHICH WERE ALL CREATED BY A SIMILAR BOATING CHANNEL
6 CUT THROUGH THEIR BEACH.
7 MANY OF US HAS SEEN COUNCILMAN GREEN' S SLIDE
•
a PRESENTATION OF OCEANSIDE, AND THE PROBLEM THAT' S THERE.
I:j AND IF THIS GOES THROUGH AS HE PREDICTED, HUNTINGTON BEACH' S
1c) DOWNTOWN WOULD BECOME INDEED HUNTINGTON ROCKS. WE ARE TOLD
•
it THAT THIS TOO IS TO BE A SAME SAND BYPASS DEMONSTRATION
12 SYSTEM.
13 ALSO, THE COUNTY' S PLAN CALLS FOR REROUTING
_4 PACIFIC COAST HIGHWAY ONTO THE BLUFF TOP. THE REROUTE WOULD
15 TAKE THE HIGHWAY OVER A NEW BRIDGE TO BE PAID FOR AT PUBLIC
16 EXPENSE, WHILE ONLY ADDING THOUSANDS OF ADDITIONAL CARS TO
17 THE ROADWAYS, WHICH ARE ALREADY AT MAXIMUM CAPACITY DURING
18 PEAK HOURS.
. 19 IN ADDITION, THE EXISTING ECOLOGICAL RESERVE,
`i) MOST OF WHICH HAS ALREADY BEEN RESTORED AT HUGE PUBLIC
-1 EXPENSE, WOULD BE PENETRATED BY THIS CHANNEL WITH DISASTROUS
. 22 RESULTS.
I REPEAT, THE PROJECT THAT THE AMIGO' S
24 OPPOSED DIRECTLY IMPACTS PUBLIC PROPERTY, AND IS NOT A CASE
_5 OF RESTRICTING THE USE OF PRIVATE PROPERTY. THE AMIGO' S
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
�
61
� OPPOSE SENATE BILL 1517, WE HAVE FROM THE BEGINNING. THE
� FORMATION OF THE SPECIAL GOVERNMENT ENTIT�y IS UNNECESSARY
� IMPOSITION ON THE EXISTING LOCAL GOVERNMENT.
� THE CITY OF HUNTINGTON BEACH IS CAPABLE OF
� PROVIDING ALL OF THE SERVICES THAT THE PEOPLE, THE 15
t� THOUSAND RESIDENTS WOULD BE ABLE TO NEED. AND THIS WILL
7 RESULT IN AN ADDITIONAL LAYER OF GOVERNMENT OVER THESE
�
� PEOPLE WHO WILL MOVE INTO THIS SPECIAL DISTRICT, AND THEY
! WILL BE COMPLETELY SURROUNDED BY THE CITY OF HUNTINGTON
1 / BEACH.
�
i � IT IS ALL UNNECESSARY. IF THE STATE, OR IF
�2 THE COUNTY REALLY WANTS A MARINA THEY WOULD NOT NEED TO FORM
1 � A SPECIAL DISTRICT' IF SIGNAL WANTS TO DEVELOP IT' S PRIVATE
�
4 PROPERTY IT REALLY DOES NOT NEED A SPECIAL DISTRICT. SIGNAL
SIMPLY WANTS A DISTRICT FOR PURELY POLITICAL REASONS, WHICH
is THEY HAVE ALREADY PUBLICLY ADMITTED. THEY MUST INSULATE
�
71 THEIR PROJECT AGAINST THE LOCAL PLANNING AUTHORITY BECAUSE
'8 THEY KNOW THAT PUBLIC OPINION, AS WE SEE HERE TONIGHT, IS
.9 AGAINST THE PROJECT, AND THE MOMENTUM IS GROWING.
�
�0 WE OF THE AMIGO' S THINK THAT 1517 IS
MISGUIDED. IF EVERY DEVELOPER IN THE CITY OR THE COUNTY
.�2 ASKED FOR THEIR OWN SPECIAL DISTRICT, LOCAL GOVERNMENT WOULD
�
BE AN H"VEN CRAZIER, REGULATORY NIGHTMARE THAN IT IS NOW.
-�:4 AND BELIEVE ME, IF 1517 DOES PASS DEVELOPERS EVERYWHERE
�5 WOULD SURELY BE REQUESTING DISTRICTS OF THEIR OWN. AND I
�
DOROTHY N. BAER & ASSOCIATES (714) 645-0420
�
62
i DON' T THINK, HUNTINGTON BEACH :SHOULD BE INVOLVED IN SETTING
•
THIS DANGEROUS PRECEDENT IN OUR AREA.
COUNCIL MEMBERS, 1517 CLEARLY DOES NOT SERVE
THE INTEREST OF THE CITY OF HUNTINGTON BEACH. AND IT
DEFINITELY DOES NOT SERVE THE INTEREST OF THE RESIDENTS OF
S HUNTINGTON BEACH, AND THEREFORE I RESPECTFULLY ASK YOU TO
CONSIDER THAT HUNTINGTON BEACH DOES NOT WANT TO BE A PARTY
•
8 TO THIS DEMONSTRATION PROJECT. PERHAPS WE SHOULD THINK
'? ABOUT REQUESTING SENATOR BERGESON TO WITHDRAW SENATE BILL
1;} 1517. THANK YOU. AND NOW I HAVE SOMETHING FOR YOU. WE
•
1 ; HAVE A SOUVENIR PHOTO FOR EACH OF YOU OF OUR HANDS ACROSS
12_1 THE SAND DEMONSTRATION, WHICH WAS OUR AUGUST --
(APPLAUSE)
14 MS. MORRISON: SOME OF YOU MUST HAVE BEEN THERE
THAT COLD, WINDY, AUGUST AFTERNOON. WE CALLED A SPECIAL
'.s BEACH PARTY TO DEMONSTRATE A PUBLIC DEMONSTRATION, AND
•
417 BELIEVE ME, THE PRESS REALLY JUMPED-ON THAT. THEY THOUGHT
18 WE WERE GOING TO LAY DOWN IN FRONT OF BULL DOZERS OR
19 SOMETHING. BUT THAT' S NOT THE AMIGO' S STYLE, WHAT WE WANTED
.�> TO DO WAS TO DEMONSTRATE THE LOSS OF BEACH, AND WE DID THAT
� 1 BY JOINING HANDS, WE HAD IT ALL MEASURED OFF ACCORDING TO
THE PLAN, THE BLUE BOOK, WE HAD IT MEASURED OFF. AND OUR
MEN WENT DOWN EARLY, MARKED IT OFF, WE HAD PENNANTS AND
; 4 FLAGS, AND WE HAD OVER 60C PEOPLE JOIN US FOR A BEACH PARTY
"5 WITH THE SAND ABOUT 4 FEET OFF THE GROUND ON A VERY WINDY
DOROTHY N. BAER & ASSOCIATES (714) 645-(__)42C
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� LATE AFTERNOON. AND WE HAD THIS AERIAL PHOTO TAKEN, WHICH
2 WILL BE A MEMENTO FOR YOU TO SEE THE PUBLIC THAT TURNED OUT,
3 THE AMOUNT OF PUBLIC SPACE THAT WOULD BE LOST, AND THE
+ BEAUTIFUL WETLANDS BEHIND IT. THAT IN GOD' S GOOD TIME CAN
� BE RESTORED THROUGH VERY NATURAL MEANS THAT ARE VERY
6 INEXPENSIVE TO ALL OF US.
� (APPLAUSE)
8 MAYOR : ALL RIGHT, AS DOCTOR GREEN REQUESTED, WE
� WILL ALLOW YOU TO TOUCH ON LAND USE ISSUES AS THEY RELATE TO
1`) THE TASK B1517. HOWEVER, WE WILL REMIND YOU THAT OUR
COUNCIL POLICY IS 3 MINUTES PER SPEAKER, AND THE APPLAUSE
�2 TIME, WHILE ENJOYABLE WILL CUT INTO THE AMOUNT OF SPEAKERS
13 WE CAN HAVE. SO WE ASK THAT YOU NOT APPLAUD AFTER EVERY
�-4 SPEAKER, UNLESS THEY REALLY GIVE US A SOUVENIR THAT' S WORTH
�5 APPLAUDING FOR.
6 (LAUGHTER)
� MAYOR: THANK YOU. -
�8 MR. SPALZON (SIC) : l MAY HAVE ONE FOR YOU HERE
�9 TONIGHT, ALSO.
�
�0 MAYOR: OKAY.
MR. SPALZON: MY NAME IS CHARLES SPALZON, I LIVE
22 ON ROAN (SIC) LANE IN THE NORTHERN PART OF THE CITY, AND I
�
HAVE BEEN A RESIDENT OF HUNTINGTON BEACH FOR 27 YEARS. I
�4 WORK AS A SYSTEMS ANALYST FOR A LARGE AEROSPACE FIRM HERE IN
`5 SOUTHERN CALIFORNIA. IN THAT CAPACITY, I, AMONG OTHER
�
DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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THINGS ANALYZE THE RISK OF PROPOSED NEW COMPUTER SYSTEMS,
AND THE RISK OF CHANGES TO EXISTING SYSTEMS.
IN THE CASE OF SENATE BILL 1517, YOU, THE
CITY COUNCIL, ARE IN THE POSITION OF ANALYZING RISK. WITH A
r
PROJECT OF THIS SIZ1E THERE ARE, OF COURSE, SEVERAL RISKS.
YOU PROBABLY KNOW ABOUT SOME OF THE FINANCIAL RISKS, AND
YOU' VE SPENT SOME TIME TRYING TO UNDERSTAND THEM AND
"• EVALUATE THEM. AND WHILE I BELIEVE THE FINANCIAL RISKS OUT
WEIGH THE FINANCIAL_ REWARDS, I DON' T BELIEVE THE FINANCIAL
_ .. RISK :IS THE BIGGEST RISK OF THIS PROPOSAL. THE BIGGEST
RISN., I BELIEVE, IS WHAT WE WOULD CALL THE ORGANIZATIONAL
_ = IMPACT. THAT IS, IS THE ORGANIZATION IN THIS CASE, THE
?: CITIZENS OF HUNTINGTON BEACH, IN FAVOR OF THE PROJECT. WHY
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. 4 IS THIS ESSENTIAL? QUITE SIMPLY, EVEN THE BEST COMPUTER
SYSTEM WILL FAIL IF THE USERS DON' T SUPPORT IT. THE LARGEST
RISK THEN IN THIS PROPOSAL LIES IN THE FACT THAT THE
1
CITIZENS OF HUNTINGTON BEACH DO NOT--SUPPORT THIS BILL. BUT
:•9 INSTEAD, SUPPORT THE PRESERVATION OF THE WETLANDS.
FURTHERMORE, THE CITIZENS OF HUNTINGTON BEACH
1
HAVE CONSISTENTLY SUPPORTED WETLANDS PRESERVATION FOR OVER
to YEARS. ONE STRONG INDICATION OF THIS SUPPORT COMES FROM
A SURVEY CONDUCTED BY THE CITY OF HUNTINGTON BEACH. IT WAS
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CONDUCTED IN 1979 OVER OUR ENTIRE CITY AS PART OF THE
=: SPECIAL CENSUS. IN THIS SURVEY THE RESIDENTS OF OUR CITY
= WERE ASKED, WHAT LAND USES WOULD YOU PREFER IN THE BOLSA
1
DOROTHY N. BAER R ASSOCIATES (714) 645-(-)42(-
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CHICA AREA? THE HIGHEST RESPONSE BY MORE THAN A 2 TO 1
MARGIN WAS FOR THE ALTERNATIVE THAT CALLED FOR MAXIMIZING
THE PRESERVATION OF THE WETLANDS.
TODAY PUBLIC SUPPORT FOR WETLANDS PROTECTION
IS STRONGER THAN EVER, OF COURSE YOU CAN SEE HERE TONIGHT.
FURTHER EVIDENCE OF THIS SUPPORT CAN BE SEEN IN THE SUCCESS
OF THE SLOW GROWTH INITIATIVE HERE_ IN HUNTINGTON BEACH, AND
1
3 IN THE MERVIN FIELD CALIFORNIA POLL, WHICH APPEARED IN THE
ORANGE COUNTY REGISTER ABOUT A MONTH AGO. IN THIS POLL
. _ . CALIFORNIAN' S WERE ASKED, DO YOU SUPPORT MORE ENVIRONMENTAL
= : PROTECTION EVEN AT THE EXPENSIVE GROWTH? THE RESPONSE WAS
AN OVERWHELMING 76% YES, IN FAVOR OF MORE ENVIRONMENTAL
PROTECTION, AND ONLY 16% NO. THAT' S ALMOST A 5 TO 1 MARGIN,
14 A WIDER MARGIN THAN ANY OTHER ISSUE IN THIS POLL. IF YOU,
THEN, AS OUR ELECT TO REPRESENTATIVES, DON' T BASE YOUR
-s DECISION HERE TONIGHT ON WHAT THE CITIZENS OF THE CITY WANT.
:? I THINK YOU OWE US AN EXPLANATION. —
i8 IN CONCLUSION, THE PEOPLE HAVE SPOKEN VERY
r CONSISTENTLY ON THIS ISSUE FOR THE PAST to YEARS. WE' RE
-0 SPEAKING AGAIN HERE TONIGHT. WERE TELLING MARIAN BERGESON,
1 WE' RE TELLING SIGNAL, WE' RE TELLING THE BOARD OF
SUPERVISORS, WE' RE TELLING SACRAMENTO, AND WERE TELLING
=. 3 YOU, OUR ELECTED REPRESENTATIVES, WE DON' T WANT OUR BEACHES
_4 DESTROYED. WE DON' T WANT THE WETLANDS DESTROYED. WE DON' T
i WANT SENATE BILL 1517. A VOTE TONIGHT, WHICH APPARENTLY
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DOROTHY N. BAER ft ASSOCIATES (714) 645-04E0
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1 WILL NOT TAKE PLACE, BUT A VOTE IN MARCH AGAINST THE SENATE
2 BILL 1517 WILL SHOW A STRONG CITY UNITED BEHIND THE
� LEADERSHIP OF OUR ELECT REPRESENTATIVES. A VOTE IN FAVOR OF
� SENATE BILL 1517 WILL ONLY SHOW THAT THE ELECTED OFFICIALS
5 OF HUNTINGTON BEACH ARE OUT OF TOUCH WITH THEIR CITIZENS.
6 I' LL LEAVE A COPY OF THE SURVEY WITH YOUR CITY ATTORNEY.
7 THANK YOU.
� (APPLAUSE)
7 MR. LIPSEK (SIC) : GOOD EVENING, MR. MAYOR,
COUNCIL MEMBERS. MY NAME IS VICTOR LIPSEK. I SPEAK TO YOU
�
1 � THIS EVENING AS PRESIDENT OF THE AMIGO' S DE BOLSA CHICA, AND
12 IN NO OTHER CAPACITY.
13 WE' VE ALREADY HEARD SOME VERY GOOD ARGUMENTS
�
�.4 THIS EVENING, WHY THE CITY COUNCIL SHOULD NOT SUPPORT
15 S91517, AND I' M SURE THAT AS THE EVENING GOES ON WE' RE GOING
6 TO HEAR MANY MORE. AND OF COURSE, MANY OF THOSE ARE GOING
�
7 TO BE ARGUMENTS THAT PERTAIN TO THE-LAND USE PLAN.
�8 I BELIEVE THAT THERE' S ONE ADDITIONAL REASON
�9 WHY THE CITY COUNCIL SHOULD LISTEN TO THE CITY -- OF THE
�
�0 CITIZENS OF THIS CITY WHEN THEY DISCUSS THE LAND USE PLAN AS
�1 WELL AS SB1517. BECAUSE AS IT MAY COME AS A SURPRISE TO
22 MANY OF THE CITIZENS OF HUNTINGTON BEACH, THIS COUNCIL HAS
�
ALREADY VOTED TO ENDORSE THE COUNTY' S LAND USE PLAN FOR THE
�4 BOLSA CHICA, AND DID SO LAST SUMMER WITHOUT BENEFIT OF A
�5 PUBLIC HEARING' THIS EVENING WILL BE THE FIRST OPPORTUNITY
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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FOR THE CITIZENS OF THIS CITY TO SPF_AN•, TO THAT ISSUE, WHICH
THIS CITY COUNCIL HAS NEARLY TAKEN AWAY FROM THEM.
I' D LIKE TO ADDRESS THE QUESTION OF WHETHER
+ OR NOT DESPITE ALL THE REASONS FOR VOTING AGAINST SB1517,
WHETHER OR NOT THERE ARE ANY POSITIVE REASONS THAT THE CITY
COUNCIL SHOULD SUPPORT IT. I THINK NOT. I THINK THAT THE
STRONGEST ARGUMENT ADVANCED BY CITY STAFF IN FAVOR OF SB1517
+3 IS THAT THIS BILL IS NECESSARY IN ORDER TO ENSURE FUTURE
ANNEXATION OF THE BOLSA CHICA 'TO THE CITY OF HUNTINGTON
ll':) BEACH. BUT DOES SB1517 ACTUALLY GUARANTY ANNEXATION? NO,
1 . IT DOES NOT. WHAT SB1517 GUARANTEES IS NEGOTIATION OVER
1L ANNEXATION, AND NEGOTIATION IN THIS CONTEXT MEANS NOTHING.
13 SIGNAL LANDMARK WILL_ DO WHAT EVER IT POSSIBLY CAN TO AVOID
!.4 ANNEXATION. BECAUSE, AS THEY HAVE ADMITTED HERE THIS
-5 EVENING, THEY MUST INSULATE THEIR PROJECT FROM THE
G VICISSITUDES OF PUBLIC OPINION. ANNEXATION IS A DELUSION,
IT IS A DREAM THAT SB1517 DOES NOT ALLOW THE CITY TO
19 CAPTURE.
NOW I' VE TALKED WITH MANY COUNCIL MEMBERS,
AND TO MY SURPRISE, I FIND NO GREAT ENTHUSIASM FOR THIS
�_'1 BILL. AND I' VE TALKED WITH CITY STAFF, AND I ACTUALLY FIND
22 NO REAL ENTHUSIASM FOR THIS BILL. AND I' VE SPOKEN WITH THE
CITY' S OWN SPECIAL COUNCIL IN REGARD TO SB1517, AND I THINK
_.4 THE GUARDED COMMENTS THAT THEY' VE MADE HERE THIS EVENING
' INDICATE THAT THEY HAVE 1\10 SPECIAL ENTHUSIASM FOR THIS BILL.
DOROTHY N. BAER R ASSOCIATES (714) 645-0420
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1 AND I HAVE SPOKEN WITH SENATOR MARIAN BERGESON, AND SHE HAS
2 TOLD ME AND OTHERS THAT IF SHE HAD IT TO DO OVER AGAIN, SHE
3 WOULDN' T INTRODUCE THIS VERY UNPOPULAR BILL.
4 THE UNFORTUNATE BUT IRONIC FACT IS THAT NO
5 ONE WHO HAS THE POWER TO STOP THIS BILL, WHICH INCLUDES THIS
6 COUNCIL, HAS SO FAR BEEN WILLING TO STAND UP AND DO JUST
7 THAT. TODAY' S HUNTINGTON BEACH INDEPENDENT HAD A HEADLINE
8 THAT READS, "CITY COUNCIL TO TAKE A STAND ON BOLSA CHICA. "
9 WELL, I' M VERY DISAPPOINTED TO UNDERSTAND THAT TONIGHT THE
10 CITY COUNCIL WILL CHOOSE NOT TO TAKE A STAND ON BOLSA CHICA,
•
11 BECAUSE I BELIEVE THAT IT' S HIGH TIME FOR THE CITY TO DO
12 JUST THAT. I BELIEVE THAT THE ONLY WAY FOR THE CITY TO
13 PREVENT THESE DISASTROUS IMPACTS THAT CITY STAFF HAS
14 REFERRED TO IS TO STAND UP, TO STAND TALL AGAINST THIS BILL
15 AND THE PROJECT THAT WOULD BRING THESE DISASTROUS IMPACTS
16 UPON US AND UPON OUR CITY. THANK YOU VERY MUCH.
•
17 (APPLAUSE) -
18 MAYOR : WOULD THE NEXT SPEAKERS COME DOWN PLEASE.
19 TONY, WHY DON' T YOU READ THE NEXT 3 SPEAKERS, PLEASE TO
r
20 (INAUDIBLE) .
21 TONY: THE NEXT 3 SPEAKERS ARE TOM PRATT (SIC) ,
22 LORRAINE FABER (SIC) , AND STEVE HOLDEN (SIC) .
r
3 MR. PRATT: GOOD EVENING, MAYOR AND CITY COUNCIL
2'4 PERSONS. MY NAME IS TOM PRATT, I' M REPRESENTING THE SURF
r 125 RIDER FOUNDATION. WE SPECIALIZE IN OPEN OCEAN RECREATION,
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 WAVES AND BEACHES, WE' RE A NON-PROFIT ORGANIZATION THAT' S
1
2 INTERESTED IN THE PROTECTION, ENJOYMENT, AND PRESERVATION OF
3 OUR BEACHES.
4 OUR PROBLEMS WITH SENATE BILL 1517 BEGAN WITH
1
5 THE TITLE OF THE BILL, HARBOR DISTRICT. THE COASTAL
6 COMMISSION, I' D LIKE TO REMIND YOU, HAS NOT APPROVED THIS
7 BILL. THE BREAK WATER CAN ONLY BE PERMITTED IF THE
8 COMMISSION, AFTER PUBLIC HEARINGS, FINDS BASED UPON
9 SUBSTANTIAL DOCUMENTATION THAT IT IS THE LEAST
1 ) ENVIRONMENTALLY DAMAGING ALTERNATIVE, THAT IT WILL HAVE NO
1
11. ADVERSE IMPACTS ON SAND SUPPLY, BEACH PROFILE, OR RECREATION
12 VALUES OF ANY OF THE BEACHES IN THE AREA. WE BELIEVE THAT
13 THE PUBLIC INTEREST IN BOLSA CHICA STATE BEACH HAS BEEN
1
14 UNDER ESTIMATED, AND WE BELIEVE THAT IT' S VALUE HAS BEEN
15 UNDER RATED.
1.6 SENATE BILL 1517 DOES NOT ADDRESS THE
1
17 POTENTIAL THAT THERE MIGHT NOT BE A-NAVIGABLE ENTRANCE OF
18 BOLSA CHICA STATE BEACH, IN WHICH CASE THE HARBOR DISTRICT
19 WOULD NOT BE NECESSARY. SENATE BILL 1517 PROVIDES NO
1
20 MENTION OF THE WORD RECREATION. HOWEVER, THE LAND USE PLAN
_1 STATES THAT THE PLAN SHALL PROTECT EXISTING SWIMMING,
22 SURFING, AND BEACH ENJOYMENT OPPORTUNITIES. SENATE BILL
1
1517 TAKES US BACKWARDS THROUGH THE PLANNING PROCESS. THE
24 BILL AUTHORIZES ESTABLISHMENT OF A HARBOR DISTRICT PRIOR TO
=� UNDERTAKING ANY OF THE REQUIRED ENVIRONMENTAL OR TECHNICAL
I
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 STUDIES. THE BILL ASSUMES BEFORE HAND THAT THE MARINA AND
1
2 THE BREAK WATER WILL BE APPROVED. THIS BILL APPEARS TO US
3 AS NOTHING MORE THAN A MANEUVER TO BUY US THE PUBLIC PROCESS
4 TO GREASE THE SKIDS FOR FINAL APPROVAL WITH INCOMPLETE PLANS
1
5 AND A SHODDY ENVIRONMENTAL ANALYSIS.
6 SIGNAL HAS STATED THAT THEY WILL NOT ENTER
7 INTO AN ANNEXATION AGREEMENT WITH THE CITY UNLESS THE CITY
e PLEDGES SUPPORT FOR THE BREAK WATER PROJECT. THE DEVELOPERS
9 WANT TO TAKE CONTROL AND NOT ALLOW PUBLIC OPPOSITION TO GET
10 IN THE WAY OF THEIR PLANS. THE PLAN TO WRECK 300 ACRES OF
1
11 VIABLE HABITAT, 25% OF THE WETLANDS. THE PLAN WILL
12 DISCONNECT THE CLASS 1 BICYCLE TRAIL, AND PEDESTRIAN PATH
13 ALONG THE BEACH. THE PLAN WILL DESTROY 25% OF BOLSA CHICA
1
14 STATE BEACH DIRECTLY BY THE BREAK WATER, AND ANOTHER 25%
15 INDIRECTLY THROUGH SAND MANAGEMENT, INDIRECT EFFECTS, AND
16 THE BEACH WILL BE BLACK BALLED EVERY DAY IN THE SUMMER. THE
I
17 PLAN IS CLEARLY AGAINST THE PUBLIC -INTEREST, AND IT' S A PLAN
18 THAT THE PUBLIC WOULD BE PAYING FOR.
19 WE DON' T NEED A SPECIAL GOVERNMENT DISTRICT
I
20 AT BOLSA CHICA. WE BELIEVE THAT THE GOVERNMENT THAT WE
21 ALREADY HAVE, A DEMOCRATIC FORM ELECTED AND APPOINTED BY THE
EC PEOPLE THAT' S REPRESENTED OF THE COMMUNITY IS FAIR AND JUST.
I
23 WE BELIEVE IN THE RIGHT TO PETITION OUR GOVERNMENT, AND WE
24 BELIEVE IN EQUAL PROTECTION UNDER THE LAW.
25 WE TYPED OUT A MESSAGE FOR THE CITY COUNCIL,
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 AND I BELIEVE IT' S GOING TO BE UNVEILED UP ABOVE. FOR THOSE
•
OF YOU IN THE OTHER ROOM YOU CAN' T SEE IT, IT' S A 10 FOOT
BANNER THAT SAYS, "SAVE THE WAVES, NO BREAK WATER AT BOLSA
4 CHICA STATE BEACH".
•
5 (APPLAUSE)
6 MAYOR: THE COUNCIL WILL TAKE A -- WE' RE
7 SCHEDULED TO TAKE A SHORT RECESS SO SOME OF US CAN GO TO THE
•
8 RESTROOM, SO -- THANK YOU.
9 (BRIEF RECESS TAKEN)
10 MAYOR: COULD THE COUNCIL PLEASE RETURN TO THEIR
•
11 SEATS, THE CITY COUNCIL. OKAY, OUR NEXT SPEAKER IS --
1� MS. SAYBOR: LORRAINE SAYBOR. I' M PAST PRESIDENT
13 OF AMIGO' S DE BOLSA CHICA, AND WITHOUT EATING INTO MY TIME,
i
14 I WOULD LIKE TO SPEAK TO THE AUDIENCE JUST FOR A SECOND.
15 I THINK THAT THOSE PEOPLE WHO ARE OPPOSED TO
16 SB1517 HAVE HAD THE OPPORTUNITY BY THEIR APPLAUSE TO
17 INDICATE THEIR THINKING AND THEIR SUPPORT IN OPPOSITION. I
18 WOULD LIKE TO ASK YOU NOT TO APPLAUD AFTER THE REMAINING
19 SPEAKERS, AND I WOULD LIKE TO ASK YOU TO RESPECT ANY OF
LO THOSE WHO ARE SPEAKING IN SUPPORT OF THE BILL, AND IF THEY
21 WISH TO APPLAUD A FEW TIMES, AGAIN BE RESPECTFUL OF THAT.
22 AND THEN WE CAN CONTINUE WITH THE HEARING, AND MORE
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1_'3 TESTIMONY WILL BE HEARD. IS THAT AGREED? THANK YOU.
='4 MAYOR: THANK YOU, LORRAINE, I WISH I HAD THAT
;_5 POWER OVER --
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 (LAUGHTER)
•
2 MS. SAYBOR: OH, YOU ALWAYS DO AT THESE PUBLIC
HEARINGS GOING DOWN.
4 I WANT TO TALI: ABOUT THE FINANCES, BECAUSE
•
5 THIS IS SUPPOSE TO BE A FINANCIAL BILL, BUT I WANT TO MAKE
6 ONE LITTLE COMMENT FIRST. ONCE UPON A TIME THERE WAS A PLAN
7 FOR THE UPPER BACK BAY IN NEWPORT, WHICH IS ALSO IN MARIAN
•
8 BERGESON' S DAY, BUT IT WAS BEFORE SHE WAS A STATE SENATOR.
9 AND THAT PLAN INCLUDED A HIGH LEVEL BRIDGE, 45 FOOT BRIDGE,
10 AN ELEVATION OF PACIFIC COAST HIGHWAY, A HOTEL COMPLEX, A
•
11. MAJOR PUBLIC MARINA, PRIVATE WATER FRONT HOMES AROUND THE
12 BACK BAY, AND WOULD YOU BELIEVE A HYDRO-PLANE AMPHITHEATER.
13 NOW AFTER LOOKING AT IT HISTORICALLY_ AT A GRAND PLAN THAT
•
14 THE PUBLIC TURNED AROUND BY THEIR SENTIMENT AND THEIR
15 PARTICIPATION, AND WE WOULD HOPE THAT SOMEDAY THIS CAN ALSO
16 BE TURNED AROUND.
17 NOW THIS IS SUPPOSE TO BE A FINANCIAL VEHICLE
18 FOR THE BOLSA CHICA TO ACHIEVE PUBLIC BENEFITS. THERE IS NO
19 RECOMMENDATION BEFORE YOU BY STAFF TO STUDY FINANCIALLY ANY
20 OTHER ALTERNATIVES SUCH AS THE OUTRIGHT BUY OUT OF THE
21 DEVELOPMENT RIGHTS IN THE LOWLANDS, THROUGH A CONSERVANCY.
22 ALTHOUGH I UNDERSTAND THERE' S NEGOTIATIONS GOING ON TO USE
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2C TIDELAND FUNDS TO FACILITATE SOME OF THE COMMERCIAL ASPECTS
24 OF THIS PLAN. THERE HAS BEEN NO REQUEST FROM A LOCAL AGENCY
25 FOR TIDELANDS MONEY' S AVAILABILITY TO DO ANYTHING ELSE. IN
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 OTHER WORDS, WHERE' S THE ALTERNATIVE? THE ALTERNATIVE JUST
•
SITS IN THE CLOSET.
3 SO, I HAVE DISTRIBUTED TO YOU SOME PINK
4 SHEETS. THE REASON BEING THAT THE COUNTY BOARD OF
•
5 SUPERVISORS, WHEN THEY APPROVED THEIR PLAN WAS ASKED TO DO
6 IT IN THE ABSTRACT WITHOUT ANY FINANCIAL INFORMATION. THEY
7 WERE APPALLED TO LEARN THAT AT THE TIME THEY SAW THAT IT WAS
•
8 74% UNFUNDED. SO WHAT THEY DID, THEY SAID WE' LL GO ALONG
9 WITH THE LOCAL DISTRICT' S SUPERVISOR AND WHAT SHE WANTS FOR
to THIS AREA, BUT WE WILL PUT A CLAUSE IN THE APPROVAL
•
11 RESOLUTION THAT SAYS, OUR FINANCIAL PARTICIPATION SHALL BE
12 LIMITED TO THE 1. 8 MILLION DOLLARS WE ALREADY HAVE ALLOCATED
13 TO LINEAR PARK. THAT IS THE END OF OUR FINANCIAL
•
14 PARTICIPATION.
15 THE COASTAL COMMISSION WAS ASKED TO APPROVE
16 THIS PLAN AGAIN WITHOUT ANY INDICATION OF WHERE THE MONEY
•
17 WAS COMING FROM. THEY ARE NOW BACK TO YOU, ASKING YOU TO
18 APPROVE A FINANCING VEHICLE IN THE ABSTRACT NOT KNOWING
19 WHERE THE MONEY IS COMING FROM. THEY SAY IT' S TO RECEIVE
•
`0 FEDERAL MONEY, YET ALL THERE IS, IS IN THE APPROVAL FOR A
21 DEMONSTRATION PROJECT, THERE IS NOT AN ALLOCATION IN THE
22 BUDGET. THERE IS NO MONEY TO RECEIVE FROM THE FEDERAL
23 GOVERNMENT.
4 NOW IF YOU' LL LOOK AT MY FIRST SHEET, THE
5 FIRST COLUMN THERE SHOWS THE FEDERAL SHARE OF THE PROJECTED
•
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 CAPITAL COSTS. IT SHOWS AT THE BOTTOM OF THAT COLUMN, 115
•
MILLION. THAT MEANS IN ADDITION TO THE 89 MILLION DOLLARS
3 THEY' RE ALREADY TALKING ABOUT THEY WANT 500 HUNDRED THOUSAND
4 DOLLARS A YEAR COMING INTO THIS PROJECT AREA TO SHARE ONE
•
5 HALF THE COSTS OF THE SAND BYPASS. YOU GO TO THE SECOND
6 PAGE AND YOU SEE THE CAPITAL OUTLAY SHEET. NOW IT IS AT 187
7 MILLION DOLLARS, OF THAT, FEDERAL IS 89 MILLION TO WHICH YOU
6 NEED TO ADD 25 MILLION FOR THE ONE HALF SHARE EVERY YEAR FOR
9 THE MAINTENANCE. THE STATE IS IN FOR 55 MILLION, THE COUNTY
10 IS IN FOR THE 1. 8, THE SPECIAL DISTRICT FOR 23 MILLION, BUT
•
11 IF YOU DO SPECIAL DISTRICT AND ALLOW VILLA ROUSE, YOU HAVE
12 TO ADD IN 11 MILLION DOLLARS FOR SEWERS AND 7 MILLION
13 DOLLARS FOR THE WATER SERVICES.
•
14 THE NEXT SHEET IS THE YEARLY COSTS. NOW IT
15 IS DIVIDED AGAINST FEDERAL, STATE, AND COUNTY/CITY, AND THEN
16 THE SPECIAL DISTRICT. NOW THE SPECIAL DISTRICT IS SUPPOSE
•
17 TO BE THE VEHICLE. YOU WILL BE FINALLY GETTING A FINANCIAL
18 IMPACT STUDY AFTER YOU ARE ASKED TO APPROVE THIS FROM
19 SIGNAL, AND IT IS ALREADY AVAILABLE TO THEM. THEIR
•
210 FINANCIAL CONSULTANT HAS FINISHED IT AND PROVIDED IT TO
:_1 THEM. THEY WILL ESSENTIALLY SAY, I CAN PREDICT, THAT YOU
2 CAN HAVE THIS DISTRICT AND YOU CAN KEEP THE ASSESSMENT TO
i
23 UNDER 1%, BUT ONLY TO THE DEGREE THAT YOU CAN CAPTURE THAT
4 STATE AND FEDERAL PARTICIPATION. PLUS ANOTHER 30 MILLION
5 DOLLARS FROM COUNTY OR STATE FOR THE MARINA, BECAUSE THEY
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 HAVE A STUDY IN HAND THAT SAYS THE MARINA WILL NOT BE
•
2 SUFFICIENTLY PROFITABLE TO ATTRACT PRIVATE ENTERPRISE.
THEREFORE, BETWEEN THE COUNTY AND THE STATE,
4 WE HAVE ANOTHER 30 MILLION. NOW YOU' VE BEEN NICE TO ME, I
5 TRIED TO SAVE YOU SOME TIME WITH YOUR CLOCK, WILL YOU GIVE
6 ME JUST ONE MORE MINUTE? THEY HAVE TALKED ABOUT WHAT
7 SIGNAL HAS CONTRIBUTED ALREADY TO THIS PROJECT AREA. BUT
f
8 THEY HAVEN' T TALKED ABOUT THE 1. 5 MILLION THAT HAS BEEN
9 SPENT IN THE COUNTY L. C. P. PROCESS, AND THAT' S WHAT IT IS.
. 10 THE CORP OF ENGINEERS ALREADY HAVE 775 THOUSAND DOLLARS INTO
11. THIS PROJECT. WE DON' T KNOW WHAT THE COASTAL CONSERVANCY
12 PLAN, THE HABITANT CONSERVATION PLAN COSTS THE PUBLIC TO
• 13 CREATE. BUT WE DO KNOW THAT THE BILLS, THE CITY OF
14 HUNTINGTON BEACH, TO WORK WITH THIS BILL IS PROBABLY ALREADY
15 A HUNDRED THOUSAND DOLLARS. LET' S TRY TO WORK FOR A BETTER
16 SOLUTION IF WE' RE GOING TO SPEND THAT KIND OF MONEY ON
17 PLANNING. AND THANK YOU. -
18 MAYOR: COUNCILMAN GREEN DID YOU HAVE A QUESTION
. 19 FOR LORRAINE?
20 COUNCILMAN GREEN: MRS. SAYBOR, WOULD YOU TELL US
21 WHERE THESE FIGURES CAME FROM, AND IF THEY' RE AVAILABLE TO
22 OUR STAFF?
23 MS. SAYBOR: THEY HAVE BEEN AVAILABLE, OR SHOULD
24 HAVE BEEN AVAILABLE TO THIS STAFF BECAUSE THEY ARE PAGES
. 25 FROM VARIOUS REPORTS FROM CUPOBECK (SIC) , AND OBVIOUSLY I
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1 COULDN' T HAVE THEM IF THEY WEREN' T AVAILABLE IN THE PLANNING
A
2 PROCESSOR THROUGH PUBLIC HEARINGS.
3 MAYOR: ONE CLARIFICATION FOR THE AUDIENCE.
4 CONNIE, YOU INDICATED THAT SOME PEOPLE WANTED TO KNOW IF WE
5 WOULD CONTINUE THE PUBLIC HEARING OPEN. AND THAT' S, I
6 BELIEVE, OUR INTENT, THAT WE WILL CONTINUE THE PUBLIC
7 HEARING AT 11 :00 O' CLOCK OPEN UNTIL THE MARCH 7TH MEETING.
8 SO THERE WILL BE ANOTHER PUBLIC HEARING OPPORTUNITY THEN.
9 SO FOR THOSE WHO HAD TO LEAVE BEAR THAT IN MIND.
10 MR. HOLDEN (SIC) : MR. MAYOR, AND MEMBERS OF THE
19. CITY COUNCIL. STEVE HOLDEN, 949 1OTH STREET, HUNTINGTON
12 BEACH. I' M SPEAKING TONIGHT INDIVIDUALLY, NOT AS PRESIDENT
1 � OF THE HUNTINGTON BEACH CHAMBER OF COMMERCE.
14 FIRST OF ALL I WOULD LIKE TO COMMEND THE CITY
15 COUNCIL, AND THE CITY STAFF FOR THE EFFORT AND TIME AND THE
16 STUDY, AND THE INTEREST THEY HAVE HAD WITH SB1517. I KNOW
17 THAT EVERYONE HAS PUT A LOT OF TIME,- EFFORT, IN ATTEMPTING
18 TO BUILD SAFEGUARDS THAT PROTECT THE INTERESTS OF THE CITY -
19 - OF THE CITY, AND I WISH TO COMMEND YOU FOR THAT.
20 BASICALLY I WOULD LIKE TO TALK TO YOU TONIGHT
1 ABOUT SAND. WE HAVE A LOT OF IT, AND I WOULD LIKE FOR US TO
M 22 KEEP OUR SAND AT HUNTINGTON BEACH. I DON' T WANT TO VISIT MY
C.3 SAND IN DANA POINT.
24 (LAUGHTER)
25 MR. HOLDEN: WE HAVE 8-1/2 MILES OF BEAUTIFUL,
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1 WHITE SAND. ONE OF THE WORLDS BEST BEACHES. I WOULD SAY
•
THAT MOST CITY COUNCIL' S WOULD KILL TO GET OUR WHITE SAND
3 BEACH.
4 NOW TONIGHT WE ARE TALKING ABOUT AN ISSUE
5 THAT WILL SEND OUR SAND AWAY. THERE' S NOTHING WE CAN DO TO
6 STOP IT, WE WILL AUTOMATICALLY LOSE THE SAND. ONCE A JETTY
• 7 IS BUILT WE WILL BE VISITING OUR SAND IN NEWPORT OR SAN
e DIEGO. EVERYONE KNOWS THAT, EVERYONE IN THIS ROOM KNOWS
9 THAT ONCE A JETTY IS BUILT, OUR SAND WILL BE WASHED AWAY.
• 10 IT' S A FACT, IT' S A PROVEN FACT THAT JETTY' S CAUSE EROSION.
ia. PIERS SAVE BEACHES, JETTY' S DESTROY BEACHES. IT' S A SIMPLE
12 FACT, EVERY JETTY THAT' S BEEN BUILT IN CALIFORNIA HAS
13 DESTROYED A BEACH.
14 THERE' S BEEN MANY COMMENTS MADE THIS EVENING
15 ABOUT SAND REPLENISHMENT. I BELIEVE THAT SAND REPLENISHMENT
. 16 IS A DIRTY WORD. WHY SHOULD WE SEND OUR FREE SAND TO
17 NEWPORT AND THEN SPEND MILLIONS AND-MILLIONS DREDGING AND
.18 HAULING SAND BACK TO HUNTINGTON BEACH TO COVER OUR BALD
. 19 BEACHES. IT DOESN' T MAKE SENSE. SAND REPLENISHMENT IS AN
0 EXPENSIVE DIRTY WORD. OUR REACHES ARE THE ENVY OF EVERYONE
21 IN THE WORLD. WE HAVE TONS AND TONS OF BEAUTIFUL FREE SAND
. 2 SUPPLIED BY MOTHER NATURE. LET' S TAKE ADVANTAGE OF WHAT WE
HAVE AND KEEP OUR SAND HERE HOME.
24 AS I SEE IT, YOU AS MEMBERS OF THE CITY
5 COUNCIL HAVE TWO CHOICES. ONE, VOTE NOT TO SUPPORT SB1517,
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1 OR NUMBER TWO, POSTPONE ACTION ON SB1517 UNTIL WE GET SOME
1
PRELIMINARY STUDIES FROM THE ARMY CORPS OF ENGINEER,
ENGINEERS ON THE EROSION PROBLEM. APPARENTLY SOME
4 PRELIMINARY STUDIES ARE DUE IN 60 TO 90 DAYS. I THINK THAT
1
S WE NEED TO KNOW WHAT THE FACTS ARE, AT LEAST FROM THIS
6 PRELIMINARY STUDY BEFORE WE MANE ANY DECISION THAT WILL HAVE
7 DRASTIC EFFECT ON THE BEACHES THAT THIS WILL.
1
8 LET' S FIND OUT MORE WHAT THE FACTS ARE BEFORE
`3 WE DO ANYTHING ON THIS PARTICULAR SENATE BILL. THANK YOU.
10 MAYOR: THANK YOU, STEVE. NEXT SPEAKER, PLEASE.
1
11 CLERK: THE NEXT SPEAKER IS JAN SHOEMAKER,
12 FOLLOWED BY SHIRLEY COMMONSLONG, AND DR. ROBERT WINCHELL.
1 � MS. SHOWMAKER: GOOD EVENING COUNCIL MEMBERS. I
14 FEEL LINE I NEED A HARD HAT TONIGHT. I' M JAN SHOWMAKER, AND
15 AS PRESIDENT OF THE HUNTINGTON BEACH/FOUNTAIN VALLEY BOARD
16 OF REALTORS, I AM HERE THIS EVENING TO TELL YOU THAT OUR
I
17 BOARD OF DIRECTORS, AT THEIR MEETING ON FEBRUARY 9TH, 1988
18 VOTED TO UNANIMOUSLY TO REAFFIRM OUR SUPPORT OF THE CONCEPT
19 FOR DEVELOPMENT OF THE BOLSA CHICA AS PRESENTED IN THE
20 COUNTY PLAN. AND TO SUPPORT SENATE BILL 1517 AUTHORED BY
21 SENATOR MARIAN BERGESON, SUBJECT TO RESOLUTION IN THE FINAL
22 DRAFT OF THE BILL AT THE CONCERNS OUTLINED BY THE CITY AS OF
JANUARY 19TH, 1988. AS WELL AS THE RETENTION OF ARTICLE 6,
c_4 SECTION 774, WHICH PROHIBITS THE IMPOSITION OF A REAL ESTATE
25 TRANSFER TAX.
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1 WE ALL SHARE -- WE SHARE ALL OF THE CITY' S
1
2 CONCERNS WITH REGARD TO THE IMPACT OF THE PROPOSED
3 DEVELOPMENT AS OUTLINED BY STAFF IN THE FEBRUARY 11TH, 1988
4 R. C.A. HOWEVER, OUR PRIMARY CONCERNS ARE RELATED TO THE
1
5 PRESERVATION OF OUR BEACH, AS WELL AS TO THE FISCAL
6 SOUNDNESS OF THE DISTRICT, AND PROTECTION OF BOTH CURRENT
7 RESIDENTS OF HUNTINGTON BEACH, AND FUTURE RESIDENTS OF THE
1
8 BOLSA CHICA PROJECT AGAINST OVER TAXATION, WITH ADEQUATE
CONTROLS ON TAXES, ASSESSMENTS, AND SPENDING.
its WE COMMEND SENATOR BERGESONYS EFFORTS TO
I
11 ASSURE THAT THIS BILL COMES TO FRUITION TO PROTECT THE
12 RIGHTS OF THE CURRENT RESIDENTS OF OUR CITY, NOT TO MENTION
13 THOSE OF THE FUTURE RESIDENTS OF THE-. BOLSA CHICA PROJECT.
14 WITHOUT THIS LEGISLATION THE DEVELOPMENT AND
15 ALL OF THE ATTENDANT, SOCIAL, AND ECONOMIC IMPACTS COULD
16 OCCUR WITHOUT OUR ELECTED OFFICIALS HAVING CONTROL OVER IT.
i
17 AND WITHOUT THE PROTECTIONS TO ASSURE A SOUND FISCAL PROJECT
18 WHICH WILL NOT OVER BURDEN LOCAL TAXPAYERS. LIKE EVERYONE
'9 ELSE WE ARE LOOKING FOR ASSURANCES THAT ARE RIGHT, AND THOSE
_U OF HUNTINGTON BEACH HOMEOWNERS, AND FUTURE BOLSA CHICA
_1 HOMEOWNERS ARE PROTECTED. BUT WE BELIEVE THOSE PROTECTIONS
22 ARE BUILT IN. WE ALSO BELIEVE THAT THE BEACH EROSION AND
FISCAL ISSUES WILL BE THOROUGHLY ANALYZED AND CONSIDERED AS
.24 THIS PROJECT PROCEEDS THROUGH THE CERTIFICATION OF OUR LOCAL
; 5 COASTAL PLAN WHICH INCLUDES PUBLIC HEARINGS BEFORE THE
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1 ORANGE COUNTY PLANNING COMMISSION, ORANGE COUNTY BOARD OF
1
2 SUPERVISORS, AND THE CALIFORNIA COASTAL COMMISSION, AS WELL
3 AS THROUGH THE ANNEXATION PROCESS FOR OUR CITY.
4 THE BOTTOM LINE IS THAT WHILE WE STILL HAVE
1
5 SOME QUESTIONS ABOUT THE ISSUES, WE BELIEVE THIS BILL IS A
G FIRST STEP TOWARDS RESOLVING THOSE ISSUES, AND WE BELIEVE IT
7 IS ESSENTIAL FOR OUR PROTECTION. WE WILL CONTINUE TO STUDY
1
8 THE FINANCIAL IMPLICATIONS OF THE PROPOSED BOLSA BAY HARBOR,
9 AND CONSERVATION DISTRICT, PARTICULARLY AS THEY RELATE TO
` 10 CURRENT AND FUTURE HOMEOWNERS, AND WILL BE PLEASED TO SHARE
11 THE RESULTS OF OUR STUDIES WITH YOU AS THEY BECOME
12 AVAILABLE.
13 AGAIN, WE URGE YOU TO, MOVE FORWARD TO SUPPORT
14 THIS BILL AS LONG AS THESE CONCERNS ARE ADDRESSED IN THE
15 FINAL LEGISLATION. WE ALSO CONVEY OUR SUPPORT OF THE CITY' S
1G CONCERNS TO SENATOR BERGESON AND THE APPROPRIATE CO-
17 SPONSORS. WE WOULD ALSO LIKE TO CONGRATULATE SENATOR
18 BERGESON FOR HER OUTSTANDING EFFORTS TO INSURE THAT OUR
1`3 CONCERNS AND THOSE OF ALL SEGMENTS OF THE COMMUNITY WERE
20 CONSIDERED IN THIS BILL. WE LOOK FORWARD TO CONTINUED
21 INTERACTION WITH HER OFFICE AS THIS BILL PROCEEDS THROUGH
22 THE LEGISLATURE. THANK YOU.
23 MAYOR: THANK YOU, JANET. NEXT SPEAKER.
24 CLERK : SHIRLEY COMMONSLONG, DR. ROBERT WINCHELL,
25 AND CLARK GODEKY (SIC) .
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1 MS. COMMONSLONG: GOOD EVENING MR. MAYOR, MEMBERS
2 OF THE COUNCIL, AND MOST INTERESTED AUDIENCE.
3 I' M THRILLED TO SEE THE OPPORTUNITY FOR YOU
4 TO HAVE SB1517 IN FRONT OF YOU FOR YOUR CONSIDERATION. AS I
UNDERSTAND THE PROCESS, IF YOU DID NOT HAVE THE OPPORTUNITY
6 TO APPROVE THIS BILL, YOU WOULD NOT THEN AS A CITY HAVE THE
7 OPPORTUNITY TO GIVE INPUT INTO WHAT HAPPENS IN THE BOLSA
8 CHICA. I THINK IT' S THE MOST IMPORTANT THING THAT YOU CAN
9 DO TO APPROVE THIS BILL SO THAT YOU CAN BE PART OF THE
10 PROCESS AND SEE THAT THOSE PROTECTIONS THAT WE' RE ALL VERY,
11 VERY CONCERNED ABOUT ARE IN FACT INCLUDED AS THEY SHOULD BE.
12 I' M ALSO CONCERNED AS A 23 YEAR RESIDENT, WHO
13 HEARD WHEN I FIRST MOVED DOWN HERE ABOUT THE BEAUTIFUL
14 MARINA THAT WAS GOING TO BE DOWN IN THE BOLSA CHICA SOME
15 DAY. I LOOK FORWARD TO SEEING THAT BEAUTY DEVELOPED. AND I
16 LOOK FORWARD TO SEEING THOSE WETLANDS PRESERVED AS THE LARGE
17 BLUE AREA SHOWS UP THERE. BUT I DO-ENCOURAGE THIS CITY TO
18 BE PART OF THAT PROCESS, I DO ENCOURAGE YOU TO SUPPORT THE
' 19 BILL AND GIVE YOUR INPUT INTO IT AS IT SHOULD BE. THANK
20 YOU.
21 MAYOR: THANK YOU, SHIRLEY. NEXT SPEAKER.
r 22 CLERK: DR. ROBERT WINCHELL, ANNETTE CLARK
2-3 GODEKY, AND CHARLOTTE CLARK.
;?4 DR. WINCHELL: I AM DR. ROBERT WINCHELL. I AM A
t 25 PROFESSOR OF GEOLOGICAL SCIENCES IN THE DEPARTMENT OF
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1 GEOLOGY AT CALIFORNIA STATE UNIVERSITY, LONG BEACH. I AM A
1
REGISTERED GEOLOGIST IN THE STATE OF CALIFORNIA.
3 I APPEAR BEFORE YOU TONIGHT BOTH AS A
4 RESIDENT OF HUNTINGTON BEACH, AND AS A CONCERNED GEOLOGIST,
1
5 PROFESSIONAL GEOLOGIST ACTING IN THE CAPACITY OF AN UNPAID
6 CONSULTANT FOR THE RESIDENTS OF HUNTINGTON BEACH, AS WELL AS
7 FOR THOSE WHO WILL EVENTUALLY PAY THE PRICE IF THE BOLSA
1
9 CHICA LOWLANDS ARE EVER DEVELOPED.
9 YOU WILL HEAR MANY REASONS TONIGHT WHY YOU AS
ifs THE ELECTED REPRESENTATIVES OF THE PEOPLE OF HUNTINGTON
I
J. BEACH SHOULD NOT SUPPORT SENATE BILL 1517, AND SHOULD IN
12 FACT WORK ACTIVELY TO DEFEAT THIS BILL, WHICH OF PAST WILL
13 BE A PIVOTAL STEP TOWARDS PERMITTING--
THE DEVELOPMENT OF THE
1
14 BOLSA CHICA LOWLANDS. ALL OF THESE REASONS, WHICH I HAVE SO
15 FAR HEARD, ARE VALID AND SHOULD BE SUFFICIENTLY --
16 SUFFICIENT SINGLY AND CERTAINLY IN COMBINATION BY THEMSELVES
i
i7 TO PREVENT ANY DEVELOPMENT FROM EVER OCCURRING IN THE BOLSA
i 8 CHICA.
19 AS A PROFESSIONAL GEOLOGIST I WISH TO CALL
;_o YOUR ATTENTION TO JUST ONE MORE SUCH REASON WHY BOLSA CHICA
21 SHOULD NEVER BE DEVELOPED AND WHY, THEREFORE, YOU SHOULD NOT
22 SUPPORT SENATE BILL 1517, AND SHOULD WORK TO DEFEAT IT IN
THE INTERESTS OF THOSE YOU REPRESENT. THAT REASON SPEAKS TO
24 THE LETHAL AND COSTLY HAZARDS WHICH WILL SOONER OR LATER
MANIFEST THEMSELVES IF BOLSA CHICA IS DEVELOPED. IT IS MY
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1 PROFESSIONAL OPINION, AS IT WOULD BE OF ANY COMPETENT
PROFESSIONAL GEOLOGIST, THAT THE BOLSA CHICA IS ONE OF THE
3 MOST DANGEROUS AREAS IN CALIFORNIA WHICH COULD BE CONSIDERED
4 FOR DEVELOPMENT. IN ADDITION, THE ORDINARY FINANCIAL COSTS
5 OF DEVELOPING THIS AREA WILL BE CONTINUING, AND SOONER OR
6 LATER VERY LARGE.
7 THERE ARE A NUMBER OF GEOLOGIC HAZARDS AND
8 PROBLEMS ASSOCIATED WITH THE AREA. UNFORTUNATELY, TIME DOES
9 NOT PERMIT ALL OF THESE TO BE DISCUSSED. THE WORST OF THESE
' 10 HAZARDS ARE THOSE ASSOCIATED WITH EARTH QUAKE SHAKING, AND
11. WITH FLOODING. THE GEOLOGICAL LITERATURE IS FULL OF
12 EXAMPLES OF A LOSS OF LIFE AND PROPERTY ASSOCIATED WITH
r 13 THESE HAZARDS ALONE IN AREAS LIKE THE BOLSA CHICA.
14 THE BOLSA CHICA IS EXTRAORDINARY WITH REGARD
15 TO EARTH QUAKE HAZARDS BECAUSE THE NEWPORT/INGLEWOOD FAULT
1 1.6 ZONE CROSSES THIS AREA. A 1933 LONG BEACH EARTH QUAKE, THE
;7 FOURTH LARGEST EARTH QUAKE TO OCCUR-IN THE UNITED STATES,
18 AND THE LARGEST EARTH QUAKE EVER RECORDED IN THE LOS ANGELES
113 AREA, HAD ITS EPICENTER OFF NEWPORT BEACH SOME 5 MILES FROM
1
20 BOLSA CHICA, AND OCCURRED ON THIS FAULT. THAT EARTH QUAKE
21 RESULTED IN THE LOSS OF 120 LIVES, HUNDREDS OF INJURIES, AND
' �22 AT LEAST 40 MILLION DOLLARS, 1933 DOLLARS WORTH OF DAMAGES.
;�3 ESTIMATES MADE IN 1980 PROJECT A LOSS OF 23 THOUSAND LIVES,
24 AND 69 BILLION 1980 DOLLARS WORTH OF DAMAGE FROM A SIMILAR
1
=� EARTH QUAKE TODAY. LOSSES WOULD BE EVEN HIGHER TODAY.
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•
84
1 AREAS LIKE BOLSA CHICA, FOR THE REASONS LIKE
•
2 THE ONE TO BE INDICATED, HAVE IN THE PAST AND CAN BE
3 EXPECTED IN THE FUTURE TO ACCOUNT FOR DISPROPORTIONALLY HIGH
4 PROPORTION OF THESE LOSSES. IT IS ESPECIALLY INSTRUCTIVE TO
•
5 NOTE THAT IN 1933, COMPTON, WHICH IS BUILT ON MAN-MADE FILLS
6 OVER OLD SATURATED LAGOONAL DEPOSITS, WAS EFFECTIVELY
7 LEVELED AS A RESULT OF HAVING BEEN BUILT ON THESE MATERIALS.
•
8 THIS IS EXACTLY THE SITUATION WHICH WOULD HAVE TO EXIST FOR
9 DEVELOPMENT IF DEVELOPMENT OF BOLSA CHICA IS TO OCCUR.
10 WITH REGARDS TO FLOODING, A 100 YEAR FLOOD
•
11 LIKE THAT ONE THAT BUILT BALBOA ISLAND IN ONE SHOT IN
12 APPROXIMATELY 1829, CAN BE EXPECTED TO TURN THE BOLSA CHICA
1 LOWLANDS INTO AN INLAND LIGHT. TO SAY NOTHING OF THE SILT
14 AND DEBRIS WHICH WILL ACCUMULATE.
15 IN VIEW OF THESE AND OTHER HAZARDS NOT
16 DISCUSSED, DEVELOPMENT OF THIS AREA WOULD BE UNCONSCIONABLE
•
17 AND IRRESPONSIBLE. THERE CAN BE BUT ONE REASON TO DEVELOP
18 THE BOLSA CHICA, AND THAT IS TO PROFIT THE LAND OWNER,
19 DEVELOPER, AND REAL ESTATE INTERESTS. THE REST OF US WILL
•
20 BE LEFT WITH THE HEAVY COSTS IN LIFE AND PROPERTY, WHICH
21 MUST SOONER OR LATER RESULT FROM SUCH DEVELOPMENT.
• 22 IN CLOSING I WISH TO LEAVE YOU WITH THE
FOLLOWING THOUGHTS. ANYONE WHO HAS THE INFORMATION WHICH
24 YOU HAVE JUST HAD PRESENTED TO YOU, WHO HAS THE POWER TO
• c5 MAKE THE PIVOTAL DECISIONS, SUCH AS THE ONE BEFORE YOU, AND
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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3
•
65
1 WHO NEVERTHELESS PROVIDES SUPPORT -- AND DOES NOT WORK TO
•
2 DEFEAT THE DEVELOPMENT OF SUCH AN AREA AS BOLSA CHICA, THERE
3 IS A HEAVY MORAL, IF NOT LEGAL, PERSONAL RESPONSIBILITY FOR
4 THE LOSS OF LIFE, INJURIES, THE INJURIES, THE PROPERTY
•
5 DAMAGE, AND THE CONTINUING COSTS WHICH WILL INEVITABLY
E RESULT FROM THAT DEVELOPMENT.
7 I ASK YOU, THEREFORE, ONCE AGAIN, NOT TO
•
8 SUPPORT SENATE BILL 1517, AND TO WORK ACTIVELY FOR ITS
9 DEFEAT IN THE INTERESTS OF THE PRESENT AND FUTURE RESIDENTS
10 OF HUNTINGTON BEACH WHOM YOU REPRESENT. CITY'S ARE ALWAYS
•
11 ASKING FOR LOCAL CONTROL, YOU HAVE IT IN THIS CASE. I ASK
12 YOU TO EXERCISE IT WISELY. I' M ALSO HAPPY TO SEE THAT THERE
13 ARE SO MANY YOUNG PEOPLE HERE TONIGHT_ . IT IS THEIR FUTURE
•
14 WHICH YOU WILL BE MORTGAGING IF YOU ALLOW THIS DEVELOPMENT
15 TO PROCEED OR SUPPORT IT. THANK YOU FOR THE OPPORTUNITY TO
1E SPEAK TO YOU, AND FOR THE RESIDENTS OF HUNTINGTON BEACH IN
17 THIS MATTER. -
18 (APPLAUSE)
19 MAYOR: MR. WINCHELL, I BELIEVE COUNCILMAN KELLY
20 HAD A QUESTION FOR YOU.
21 COUNCILMAN KELLY: DOCTOR, I NEED YOU TO -- DO
22 YOU RUN AN INSTITUTION?
22 r
DR. W I NCHELL: YES.
24 MAYOR: YOU' RE RIGHT.
r 25 COUNCILMAN KELLY: WELL THAT WAS A SECRET ANSWER
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DOROTHY N. BAER & ASSOCIATES (714) 645-042t�
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1 TO A SECRET QUESTION. NOW YOU WERE SO ELOQUENT, AND I DON' T
•
2 RECALL_ HAVING YOU SHARE IDEAS WITH US BEFORE, AND THAT' S --
3 WAS MY CURIOSITY. THANK YOU, VERY MUCH.
4 MAYOR: COUNCILMAN KELLY, I THINK YOU MAY EVEN BE
•
5 RELATED TO SOMEONE YOU KNOW.
6 COUNCILMAN KELLY: WHOSE THAT?
7 MAYOR: OH, I DON' T KNOW.
•
8 COUNCILMAN KELLY: OH.
9 (LAUGHTER)
10 MAYOR: AS THE REST OF THE COUNCIL --
11 COUNCILMAN KELLY: OH, MY GOD, DON YOU --
12 (LAUGHTER)
13 MAYOR: WHY DO YOU THINK -I WAS GIVING HIM SO MUCH
14 EXTRA TIME?
15 COUNCILMAN KELLY: I THOUGHT ' CAUSE HE WAS --
16 MAYOR: THANK YOU VERY MUCH, MR. --
17 COUNCILMAN KELLY: I WAS-SO WRAPPED UP IN WHAT HE
18 WAS SAYING I DIDN' T EVEN KNOW NOTHING -- DAWNED ON ME.
19 THANK YOU VERY MUCH, BOB, I' M SORRY.
20 (LAUGHTER)
21 COUNCILMAN KELLY: AND WHERE EXACTLY DO YOU LIVE
22 IN HUNTINGTON BEACH?
`?, DR. WINCHELL: , AS THE REST OF YOUR CONSULTANTS
24 HAVE INDICATED TO YOU I' LL BE HAPPY TO ANSWER QUESTIONS FOR
25 A PERIOD OF TIME.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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i MAYOR: I DON' T SEE ANY LIGHTS -- YOUR WIFE MAY
•
2 HAVE SOME LATER, BUT --
(LAUGHTER)
4 COUNCILMAN KELLY: SHE' LL HAVE SOME FROM ME I
•
5 GUARANTY THAT ONE.
6 MR. GODEKY: MR. MAYOR, MEMBERS OF THE CITY
7 COUNCIL, I' M CLAUD GODEKY. I' M PRESIDENT ELECT OF THE
•
8 HUNTINGTON BEACH CHAMBER OF COMMERCE.
I' M SORRY I DON' T HAVE ANY BANNERS FOR YOU,
10 OR ANY SOUVENIR PHOTOS TO TAKE HOME, BUT I HAVE PROVIDED A
•
11. LETTER TO YOU FROM OUR BOARD OF DIRECTORS, WHICH I WOULD
12 LIKE TO READ FROM.
13 "THE CHAMBER OF COMMERCE IS PLEASED TO
14 HAVE THE OPPORTUNITY TO PARTICIPATE IN
15 THE PUBLIC HEARING ON SB1517. DEALING
16 WITH THE BOLSA BAY AND HARBOR
17 CONSERVATION DISTRICT A VERY IMPORTANT
18 COMMUNITY ISSUE. THE CHAMBER FOR MANY
19 YEARS HAS BEEN IN SUPPORT OF THE
20 DEVELOPMENT OF THE BOLSA CHICA. IN 1985
1 THE CHAMBER ENDORSED THE COUNTY PLAN
12 WHICH REPRESENTS A BALANCED MULTIPLE USE
23 APPROACH PROVIDING REASONABLE
24 RESIDENTIAL, COMMERCIAL, VISITOR
25 SERVING, AND RECREATIONAL DEVELOPMENT,
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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BO
1 AS WELL AS THE ENHANCEMENT AND
r
2 PROTECTION OF THE VALUABLE WETLAND
3 RESOURCES FOUND IN BOLSA CHICA.
4 AT OUR JANUARY BOARD MEETING
1
DIRECTORS ONCE AGAIN RECONFIRMED THEIR
6 SUPPORT OF THE PROJECT, AND URGED THE
7 AGENCIES INVOLVED TO RESOLVE THEIR
1
8 REMAINING TECHNICAL DIFFERENCES SO THAT
9 THE PROJECT CAN MOVE FORWARD.
10 IN REVIEWING THE LATEST STAFF
1
1 i REPORT, WE ARE PLEASED TO SEE COUNCIL
12 HAS OFFERED AMENDMENTS TO THE BILL.
13 THAT IS, IF ACCEPTED COULD RESOLVE THE
1
14 CITY' S REMAINING 6 MAJOR AREAS OF
15 CONCERN. OUR BOARD COMPLIMENTS THE CITY
16 COUNCIL ON THEIR COOPERATIVE ACTION IN
I
17 THE DRAFTING OF THIS LEGISLATION.
18 COUNCIL PARTICIPATION HAS ASSISTED IN
19 PROTECTING THE PUBLIC' S INTEREST IN
I
20 ADDITION TO PROVIDING THE MECHANISM FOR
21 THE BOLSA CHICA TO BECOME PART OF OUR
i
22 CITY THROUGH FUTURE ANNEXATION.
23 WE ALSO COMPLIMENT SENATOR
24 BERGESON IN HER ROLL AS FACILITATOR
L5 BRINGING ALL PARTIES TOGETHER SO THE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 DIFFERENCES COULD BE RESOLVED AND MAKE
•
2 IT POSSIBLE FOR THE PROJECT TO MOVE
3 AHEAD. WE LOOK FORWARD TO FUTURE
4 YEARS WHEN WE CAN ALL BE PROUD OF THIS
•
5 PROJECT AND LOON. TO IT AS AN ASSET TO
6 OUR COMMUNITY. THANK YOU VERY MUCH. "
7 MAYOR: THANK YOU, CLAUS.
•
8 CLERK : CHARLOTTE CLARK, ROBERT EDMONDSON, AND
9 CARRIE DOLTON.
10 MS. CLARK: MR. MAYOR, COUNCIL MEMBERS. MY NAME
11 IS CHARLOTTE CLARK, AND I LIVE IN FOUNTAIN VALLEY. I' M A
12 MEMBER OF THE MANAGEMENT COMMITTEE OF ONE OF THE TWO ORANGE
. 13 COUNTY SECTIONS OF THE SIERRA CLUB, AND I WAS CHAIR OF THAT
14 GROUP LAST YEAR. I' M ALSO A PUBLISHED BOTANIST AND AN
15 INSTRUCTOR IN LIFE SCIENCES AT FULLERTON COLLEGE, AS WELL AS
16 A LIFE LONG RESIDENT, 40 YEARS, IN ORANGE COUNTY.
17 I' M HERE TONIGHT, THOUGH, AS PRESIDENT OF THE
18 ORANGE COUNTY FUND FOR ENVIRONMENTAL DESCENT. WE' RE A NON-
, 19 PROFIT GROUP THAT FORMED OVER A YEAR AGO DEALING WITH OPEN
20 SPACE ISSUES, AND ORIGINALLY FORMED AROUND BEING A LEGAL
21 DEFENSE FUND TO ASSIST ENVIRONMENTAL GROUPS IN THE COUNTY.
22 AS THE AMIGO' S HAD STATED, WE WOULD LIKE TO
23 EMPHASIZE THAT A BROAD CROSS SECTION OF PEOPLE, AS WELL AS
24 WILD LIFE COME TO BOLSA CHICA TO ENJOY THE SAND, THE SURF,
' 25 AND THE SUN. WE DO NOT BELIEVE THAT THIS PRIME COASTAL
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1 HABITAT AND BEACH RECREATION SHOULD BE SACRIFICED TO SPECIAL
1
INTERESTS.
THE SIGNAL LANDMARK COMPANY WOULD HAVE YOU
4 BELIEVE THAT THE COMPLETION OF THIS PROJECT IS ENDORSED BY
1
5 EVERY POLITICIAN IN ORANGE COUNTY. YET, AS HAS BEEN STATED,
6 IF THIS COUNCIL DOES NOT SUPPORT SB1517 THEN MARIAN
7 BERGESON, HERSELF, WILL PROBABLY WITHDRAW THE BILL. THIS IS
1
8 ALSO ELUDED TO BY MR. PATTERSON.
9 THE PUBLIC HAS NOT LOST A CALIFORNIA BEACH TO
1 ) DEVELOPMENT FOR A LONG TIME, AT LEAST 1969, THE NATIONAL
1
11 ENVIRONMENTAL POLICY ACT WAS ENACTED AT THAT TIME. THE
1? COASTAL RESOURCES UTILIZED BY SURFERS, AND BEACH GOERS, AND
13 BIKE PATH USERS, AND NATURE LOVERS, AND INSTRUCTORS, AND
14 MARINE MAMMALS, AND WILDLIFE HAVE BEEN RECOGNIZED TIME AND
15 AGAIN FOR THEIR SENSITIVITY. ALSO FOR THE RICHNESS AND FOR
16 THEIR IMPORTANCE IN THE ECOLOGICAL CHAIN. WHY SHOULD THIS
i
17 PROJECT BE AN EXCEPTION?
18 THE 500 MEMBERS OF THE ORANGE COUNTY FUND FOR
19 ENVIRONMENTAL DEFENSE WOULD URGE YOU TO WITHDRAW ANY SUPPORT
Lip OF THIS BILL. AND TO AVOID A LOT OF THE FINANCIAL PROBLEMS
21 THAT HAVE BEEN DISCUSSED TONIGHT, AND LET US AND OTHER
22 INTERESTED PARTIES WORK WITH SIGNAL AND CONSERVANCY
INTERESTS WHICH DEFINITELY DO EXIST TO PURCHASE THIS
;?4 PROPERTY FOR THE PUBLIC GOOD. THANK YOU.
�S (APPLAUSE)
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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i MAYOR: THANK YOU.
•
CLERK : ROBERT EDMONDSON, CARRIE DOLTON, AND
SALLY ALEXANDER.
4 MR. EDMONDSON: MY NAME IS BOB EDMONDSON, AND I' M
•
5 FROM LONG BEACH. AND IF ANYBODY KNOWS HOW A BREAK WATER
6 CAN SCREW UP A BEACH, IT' S SOMEONE FROM LONG BEACH.
7 DURING THE SUMMER I USUALLY GET UP, AND I' M A
•
8 SURFER, AND I AM FROM LONG BEACH, AND I GET UP AND I TRAVEL
9 THE 3 MILES TO COME TO HUNTINGTON BEACH TO GO SURFING. I
1c) SURF RIGHT OVER HERE WHERE THEY PLAN TO BUILD A BREAK WATER.
•
11. I COME WITH A WHOLE LOT OF OTHER PEOPLE, A LOT OF YOUNG
12 PEOPLE THAT DON' T VOTE, BUT THEY WILL SOME DAY.
13 SOMETIMES WHEN I COME-- DOWN I BRING MY GIRL
14 FRIEND, I USED TO SHE DUMPED ME. BUT SHE USED TO TAKE HER
15 BIKE, AND SHE GOES DOWN THE BIKE PATH. YOU SEE A LITTLE
IS THING OVER THERE, BUT THERE ISN' T GOING TO BE A BIKE PATH
r
17 ANYMORE, THAT'S GOING TO BE AN END. -
18 I DON' T STAY IN LONG BEACH BECAUSE WE HAVE NO
. i9 SURF. I COME DOWN TO HUNTINGTON BEACH, THAT' S WHAT YOU GUYS
`() GOT, IT' S SOMETHING TO SAVE. WE' VE GOT MARINAS, WE' VE GOT
21 TONS OF MARINAS, BUT GOD DIDN' T MAKE MARINAS HE MADE OCEANS.
. 22 AND THERE' S ONLY A FEW OF THEM, AND YOU SAY IT' S ONLY A
`C LITTLE BIT OF THE AREA, BUT IT' S A LOT OF THE AREA BECAUSE
`4 THE SAND COMES UP AND IT GOES DOWN. AND IT GOES, AND LIKE
C5 THE GUY SAID, BEFORE ME, IT DOESN' T COME BACK. YOU CAN EVEN
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DOROT Y N. BAER & ASSOCIATES (714) 645-0420
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1 SEE OVER HERE ON THIS DIAGRAM HOW THEY GOT A WHOLE LOT OF
1
SAND ON ONE SIDE, AND NOT ON THE OTHER. THAT' S PRETTY
HONEST OF THEM.
4 (LAUGHTER)
1
5 MR. EDMONDSON: BECAUSE THAT' S HOW IT WORKS.
6 YOU' VE GOT NORTH SWELLS IN THE WINTER, AND WE' VE GOT SOUTH
7 SWELLS IN THE SUMMER. BUT IT DOESN' T BRING IT BACK, YOU
1
8 MIGHT THINK IT DOES, BUT IT DOESN' T.
9 THERE' S A WHOLE LOT OF THINGS TO UNDERSTAND
10 AND MRS. MORRISON SAID THEM A LOT BETTER THAN I COULD ABOUT
1
11 THE WETLANDS. SO I' M JUST GOING TO TALK ABOUT THE BEACHES.
12 BUT YOU' VE GOT A GOOD ONE IN HUNTINGTON BEACH. AND DON' T
13 YOU THINK THAT BY MESSING IT UP DOWN- IN BOLSA CHICA IT' S NOT
14 GOING TO HURT YOUR BEACH DOWN THERE EITHER, BECAUSE IT IS.
15 IT' S ALSO GOING TO MAKE IT A LOT MORE CROWDED FOR THE
16 SURFERS. THERE' S MORE SURFERS PER CAPITA IN HUNTINGTON
i
17 BEACH THAN ANYWHERE ELSE IN THE WORLD. IT' S THE SURF
18 CAPITAL OF THE WORLD, IT' S NOT THE MARINA CAPITAL OF THE
19 WORLD. IF YOU GET ABOUT 5 MORE THOUSAND PEOPLE HERE WITH
i
=0 THEIR 3 THOUSAND BOATS. BUT I' D LIKE TO COME DOWN, IF I GET
21 A NEW GIRLFRIEND, HAVE HER GO RIDE THE BIKE, AND I' LL GO
22 SURFING. BUT I SURE DON' T WANT TO COME DOWN AND GO SIT ON
23 SOMEONE' S BOAT AND HAVE A COCKTAIL, I CAN DO THAT IN LONG
24 BEACH.
25 (APPLAUSE)
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 MR. EDMONDSON: OR I CAN ALSO GO HAVE A COCKTAIL
1
2 AT THE RED ONION, THAT USED TO BE REALLY NICE WETLANDS.
3 THANK YOU VERY MUCH.
4 (APPLAUSE)
1
5 CLERK: CARRIE DOLTON, SALLY ALEXANDER (SIC), AND
6 PHYLLIS OAKS (SIC) .
7 MR. DOLTON: GOOD EVENING MEMBERS OF THE COUNCIL.
1
8 THIS PARTICULAR DISTRICT AND THE PROJECT WHICH IT SEEKS TO
9 FACILITATE, AND BELIEVE ME IT DOES SEEP. TO FACILITATE A
10 PROJECT, RUNS COWARD TO SOME OF THE CONSERVATIVE FEELINGS
1
11 THAT IS IN THIS ENTIRE COMMUNITY. ONE OF THE THINGS WE
12 ALWAYS HEAR IS LET' S REDUCE GOVERNMENT. LET' S GET RID OF
13 SOMETHING WE DON' T NEED. WHY ARE WE-. GOING TO IN THIS CASE,
1
14 IN THIS PARTICULAR BILL CREATE A DISTRICT WE NEITHER HAVE A
15 NEED FOR, WHERE THE END USE OF THE LAND THAT WE' RE TALKING
16 ABOUT HAS NOT YET BEEN DECIDED. AND WHERE THE FINANCIAL
1
17 SUPPORT IS NEITHER DEFINED NOR PROPERLY ANALYZED. WE DO NOT
18 NEED TO CREATE A NEW DISTRICT IN THIS AREA.
J. WHY ARE WE LOOKING AT A NEW DISTRICT? THAT
1
20 IS BECAUSE SIGNAL WOULD LIKE ONE. THIS BILL DID NOT COME
21 OUT OF THE AIR, IT CAME OUT OF A PROPOSAL BY SIGNAL TO PUT
22 THIS DISTRICT TOGETHER SO IT COULD FACILITATE THEIR PROJECT.
23 THEY MAY CALL IT A BAY AND A CONSERVATION DISTRICT, BUT
1-4 PRIMARILY WHAT THE END RESULTS WILT_ BE WILL BE THE
25 ESTABLISHMENT OF HOUSES, COMMERCIALS AREAS, MARINAS AND
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1 OTHER THINGS THAT SERVE THAT PARTICULAR INTEREST.
REDUCE GOVERNMENT ASSISTANCE IS SOMETHING WE
HEAR A GREAT DEAL ABOUT. YET IN THIS PARTICULAR DISTRICT
4 WE' RE TALKING ABOUT A TAXING AUTHORITY AND MONIES WOULD BE
1
5 GOING TO PRIMARILY TO PRIVATE INTEREST. VARIOUS LEVELS OF
6 GOVERNMENT ARE GOING TO HAVE TO PARTICIPATE IN THE FUNDING
7 OF THE OCEAN OPENING. THE SAND TRANSFER SYSTEM, THE
8 MOVEMENT OF PCH, AND FOR THOSE INTERESTED IN TRAFFIC.
9 TRAFFIC MOVES A LOT QUICKER ALONG A ROAD THAT HAS A BULGE IN
lea IT AND GOES UP A HILL.
1
1]. (LAUGHTER)
12 MR. DOLTON: THE BRIDGES, THE ROADS, THE SEWERS,
13 THE SAND TRANSFER, ALL OF THOSE ARE GOING TO COME WITH SOME
1
14 FORM OF PUBLIC ASSISTANCE. WHY DO WE HAVE TO GIVE PUBLIC
15 ASSISTANCE? THIS IS SIGNAL LANDMARK YOU SAY, A NICE LOCAL
1.6 COMPANY. I HAVE A LITTLE BOOK HERE THAT SAYS THE HANDLEY
1
17 (SIC) GROUP. SIGNAL LANDMARK IS A MEMBER OF THE HANDLEY
18 GROUP. IF YOU DO NOT KNOW WHO THE HANDLEY GROUP IS, THEY
19 PRESENTLY OWN APPROXIMATELY 15% OF THE SHARES OF STOCKS IN
1
20 SOUTHERN PACIFIC AND SANTA FE RAILROAD. THEY ARE PRESENTLY
21 PUTTING TOGETHER A 7 BILLION DOLLAR TAKE OVER PLAN FOR THAT
22 PARTICULAR ENTITY. THEY ARE IN A HOSTILE TAKE OVER FIGHT AT
�:-3 THIS PARTICULAR POINT IN TIME.
24 THERE ARE BIG DOLLARS THERE. WHY DO THEY
25 NEED OURS? WHY DO THEY NEED OUR TAX DOLLARS TO PUT TOGETHER
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1 THIS KIND OF PROJECT? WHAT ARE WE GOING TO LOSE? YOU' VE
1
HEARD A LOT OF PEOPLE TALK ABOUT WHAT WE' RE GOING TO LOSE,
3 AND WHAT WE FEEL WE' RE THREATENED TO LOSE. YOU TALK ABOUT
4 ALL THESE SPECIAL CONDITIONS THAT ARE GOING TO BE IN THERE,
1
5 THEY' RE ALL THE PROTECTIONS. BUT WHY DO WE EVEN HAVE TO
6 WORRY ABOUT IT, AND JUST DON' T CREATE THE DISTRICT IN THE
7 FIRST PLACE? AND THIS IS WHAT WE FEEL THAT THE COUNCIL
1
8 NEEDS TO DO. THEY NEED TO STAND STRONG AND TELL THE STATE,
9 TELL SIGNAL, TELL THE REST OF THEM, WE LIKE IT THE WAY IT
10 IS. THIS IS OUR COMMUNITY, WE REALLY DON' T NEED THE OUTSIDE
1
11 COMING IN. THERE' S ALWAYS BEEN AN AREA WHICH WE LIKE PRETTY
12 MUCH THE WAY IT IS. THANK YOU.
13 MAYOR: THANK YOU, GERRY._ NEXT SPEAKER.
14 (APPLAUSE)
15 CLERK: SALLY ALEXANDER (SIC) , PHYLLIS OAKS
16 (SIC) , AND PAT KEPLER (SIC) .
17 MS. ALEXANDER: GOOD EVENING, MAYOR ERSKIN, AND
18 CITY COUNCIL PERSONS. I' M SALLY ALEXANDER, AND AS YOU KNOW
19 I' VE LIVED HERE ' TILL JUST BEFORE THE FLOODS IN MARCH 1,
I
20 1983. MARCH 1 IS COMING ON US AND WE' RE ALL KEEPING OUR
21 FINGERS CROSSED.
'2 TAUNTY (SIC) COULDN' T BE HERE TONIGHT, BUT HE
1
23 ASKED ME TO SPEAK FOR US TO SUGGEST THAT -- TO REMIND YOU
24 THAT THE ARMY CORP OF ENGINEERS HAS SAID THAT THE SMALL 15
25 ACRES THAT' S BEING -- COASTAL CONSERVANCY OVER NEAR VICTORIA
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1 AND HAMILTON, WHEN THAT IS BEING DEVELOPED AS A ECOLOGICAL
2 RESERVE AND A CONSERVANCY WILL REDUCE THE FLOOD LEVEL 2 TO 3
3 INCHES UPSTREAM. THAT MAY NOT SEEM MUCH FOR SOME PEOPLE,
4 BUT JUST THINK WHAT -- IF THE 300 ACRES THAT SIGNAL LANDMARK
1
5 OWNS WERE AN ECOLOGICAL PRESERVE, THAT WE COULD HAVE IT
6 DEVELOPED THE WAY MOST OF US HERE IN THIS GROUP WANT. HOW
7 MUCH FLOOD PROTECTION WILL THAT GIVE US?
M
8 NOW SPEAKING FOR SALLY, I' D LIKE TO ASK YOU
9 TO DO SOME RESEARCH ON HOW MUCH MONEY THE ARMY CORP OF
10 ENGINEERS HAS SPENT WITH OUR TAX DOLLARS ON THE EAST COAST,
1
1J. RESTORING THE TIDELANDS. ANYBODY THAT' S BEEN IN OCEAN
12 BEACH, MARYLAND, AND SEEN ALL THOSE DEVELOPMENTS AND SEEN
13 THE WATER WASH UP AND DESTROY SO MUCH PROPERTY. THAT VERY
1 -
14 TOP EXPERTS HAVE SAID IT WOULDN' T HAPPEN, BUT IT DID HAPPEN.
15 SO I' M SUGGESTING THAT YOU MIGHT THINK ABOUT THE FACT THAT
16 THERE' S SOMETHING STRONGER THAN THE BEST ENGINEERS WE HAVE,
1
17 AND THAT HIT US A COUPLE WEEKS AGO 6N OUR PIER. THANK YOU.
18 (APPLAUSE)
19 CLERK: PHYLLIS OAKS, PAT KEPLER, AND DAVID
1
20 WEISBART (SIC) .
21 MAYOR: ARE THOSE SPEAKERS WITH US? HERE THEY
22 COME. COULD ALL 3 OF YOU PLEASE COME FORWARD SO WE CAN
1
;�3 EXPEDITE THIS?
,24 MS. KEPLER: I' M PATRICIA KEPLER, I' M A RESIDENT
25 OF HUNTINGTON BEACH, AND A PROPERTY OWNER. I HAVE LIVED
1
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1 HERE 17 YEARS, AND WHEN WE FIRST BOUGHT OUR PROPERTY WHICH
2 BORDERS ON THE NEW DEVELOPMENT AREA, THEY DID MENTION ABOUT
THE MARINA, AND I TOO THOUGHT, WELL WHAT A WONDERFUL IDEA.
4 BUT AS TIME HAS GONE ON AND I HAVE WATCHED THESE ARGUMENTS
r
5 PROGRESS I HAVE NOT BEEN CONVINCED THAT THE MARINA IS SUCH A
6 GOOD IDEA. AND HAVE BEEN FURTHER AND FURTHER CONVINCED THAT
7 SB1517 IS NOT IN OUR BEST INTERESTS EITHER.
r
8 I AM VERY MUCH OPPOSED TO TURNING OVER THE
9 AUTHORITY TO A PRIVATE ENTERPRISE TO ASSESS TAXES AND OTHER
10 MONIES NEEDED TO DEVELOP THIS. I WOULD MUCH PREFER TO LEAVE
it THAT AUTHORITY IN THE HANDS OF OUR COUNCIL MEMBER, WHO WE
12 HAVE ELECTED TO REPRESENT US. AND TRUST THAT THEY WOULD
13 WATCH OVER OUR BEST INTERESTS.
14 I DON' T HAVE ANYTHING ELSE TO SAY BECAUSE I.
15 FEEL IT HAS BEEN MUCH BETTER SAID BEFORE. BUT I WANTED TO
16 KNOW, WANTED YOU TO KNOW, THAT AS A PRIVATE CITIZEN OF THIS
17 BEACH, OF THIS BEACH CITY, THAT I REALLY OPPOSE IT ALONG
18 WITH MANY OTHER PEOPLE IN MY NEIGHBORHOOD. AND WE WANTED
19 YOU TO KNOW THIS. THANK YOU.
20 MAYOR: THANK YOU.
21 (APPLAUSE)
r 22 CLERK: DAVID WEISBART, ED STARRO (SIC) , AND
GEORGE MURDOCK (SIC) .
24 MR. WEISBART: GOOD EVENING LADIES AND GENTLEMAN
25 OF THE COUNCIL, I' M DAVE WEISBART.
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1 NOBODY' S SAID THIS YET THIS EVENING, SO I
r
GUESS I WILL. SB1517 IS A RAW DEAL. IT' S A RAW DEAL FOR
3 THE CITY OF HUNTINGTON BEACH, IT' S A RAW DEAL FOR THE
4 TAXPAYERS, IT' S A RAW DEAL FOR OUR BEAUTIFUL BEACHES, AND
r
5 FOR OUR INVALUABLE WILDLIFE.
6 THE CITY WILL HAND OVER SUBSTANTIAL CONTROL
7 OF DEVELOPMENT WITHIN IT' S OWN BORDERS. THE RIGHTS OF
r
8 CITIZENS TO MAKE THEIR WILL KNOWN REGARDING WHAT HAPPENS IN
9 THEIR COMMUNITY WILL BE SEVERELY IMPAIRED. THE FINANCIAL
10 BURDEN OF BUILDING AND MAINTAINING THE BREAK WATER. THE
1
11 ENDLESS DREDGING. THE MOVING AROUND OF SAND. THE STREET
12 MODIFICATIONS. ALL OF THAT WILL FALL IN LARGE MEASURE ON
13 THE TAX PAYERS.
14 SPEAKING AS A TAX PAYER, THAT' S NOT HOW I
15 WANT MY MONEY SPENT.
16 (APPLAUSE)
1
17 MR. WEISBART: THE BREAK-WATER AND THE LEVIES
18 WILL BE DISASTROUS FOR OUR BEACHES IN TERMS OF SAND EROSION
19 AND LOSS OF SURF AND RECREATION. THE WETLANDS ARE
t
_U IRREPLACEABLE.
ci YOU' VE SEEN A LOT OF THE PELPINS (SIC)
22 TONIGHT. THIS ONE' S FROM THE COUSTEAU SOCIETY. IF THERE' S
1
ONE THING THAT THE GREAT EDUCATOR, JACQUE COUSTEAU SHOULD
24 HAVE TAUGHT US, IT' S THAT THE TIDAL WETLANDS WHEN VIEWED AS
.25 A PART OF THE GLOBAL FOOD CHAIN ARE MORE VALUABLE IN TERMS
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 OF DOLLARS PER ACRE THAN ANYTHING MAN HAS DONE. THIS
2 DEMANDS OUR PROTECTION. DREDGING A LARGE PORTION OF THE
FRAGILE MUD OF THE WETLANDS WILL SEVERELY DAMAGE THE ENTIRE
4 WETLANDS. WETLANDS CREATION IS NOT THE ANSWER, THAT' S
5 PLAYING GOD, AND HUMAN BEINGS ARE PROVED TO BE PRETTY BAD AT
6 THAT. I' M FOR WETLANDS PRESERVATION.
7 THE CREATION OF THE BOLSA BAY HARBOR AND
e CONSERVATION DISTRICT WILL PRIMARILY BENEFIT A SMALL HANDFUL
9 OF BUSINESS INTERESTS. YES, THE CITY SHOULD HAVE A SAY IN
10 THE FATE OF THE BOLSA CHICA. BUT THE SB1517 PATCHWORK QUILT
r
14. OF LEGISLATION IS NOT THE WAY TO DO IT.
12 IT' S MY FERVENT HOPE AND BELIEF THAT THIS
13 COUNCIL WILL HAVE THE WISDOM TO DECIDE SOLIDLY TO OPPOSE
14 SB1517. DON' T PUT A FOX IN CHARGE OF THE HEN HOUSE.
15 (LAUGHTER)
16 MR. WEISBART: WE WANT LOCAL CONTROL OF THE
17 BEACH, LOCAL CONTROL OF THE WETLANDS, AND FOR OUR GOVERNMENT
18 TO TAKE A STAND TO HELP SAVE ONE OF THE GLORIES OF OUR
19 BEAUTIFUL PLANET. THANK YOU VERY MUCH.
S
20 (APPLAUSE)
21 CLERK: ED STARRO, GEORGE MURDOCK, AND SCOTT
22 JORDAN (SIC) .
23 MR. STARROS: I' M ED STARROS, AND MY FAMILY AND I
24 MOVED TO HUNTINGTON BEACH IN 1972. THIS IS MY VERY FIRST
25 TIME HERE, I' M JUST A LITTLE BIT SHAKING. I' M SORRY I HAVE
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NEVER BEEN HERE BEFORE TO THIS CITY COUNCIL.
•
I' M REALLY, REALLY HAPPY TO SEE THE
DEMOCRATIC PROCESSING IN ACTION, AND I JUST REALLY, REALLY
4 HOPE THAT THE CITY COUNCIL IS LISTENING TO THE RESIDENTS OF
•
5 HUNTINGTON BEACH.
6 WE LOVE OUR BEACHES. WE' VE BEEN HERE AS I
7 SAID SINCE 1972, AND I THINK WE' RE -- DAILY WE TAKE A WALK
•
a OR JOG OR DO SOMETHING ON THE BEACH, AND WE LOVE IT.
9 WHY AM I HERE FOR THE FIRST TIME. I' M HERE
10 BECAUSE I' M REALLY CONCERNED WITH THE DIRECTION OF THE
•
11 CITY' S TAKING RECENTLY. I' M CONCERNED ABOUT THE PIER SIDE
1� VILLAGES. I' M CONCERNED ABOUT THE COAST CHARGES WE ARE
13 PLANNING. I AM DEFINITELY CONCERNED- ABOUT BOLSA CHICA.
14 WHERE I LIVE I DON' T HAVE TO DRIVE BY BOLSA
15 CHICA. I WORK IN NEWPORT BEACH, BUT ALMOST EVERY OTHER DAY
16 I TAKE A FEW EXTRA MILES AND I GO THROUGH BOLSA CHICA,
•
17 BECAUSE IT' S SO, SO BEAUTIFUL THERE,- SO NICE. THE OPEN AIR,
18 THE BIRDS, THE WATER, I JUST REALLY, I REALLY HATE ANYTHING
13 THAT SAYS THEY' RE GOING TO DEVELOP THIS BEAUTIFUL AREA. I
•
20 REALLY DO.
21 YOU KNOW, BACK IN 1972, I USED TO VISIT
22 REDONDO BEACH. AND WE USED TO LOVE TO GO THERE. AND YOU
•
CAN' T PAY ME TO GO THERE ANY MORE, WHAT THEY HAVE DONE TO
1-4 THAT PLACE. WE DON' T WANT THE SAME THING IN THIS CITY,
PLEASE. THANK YOU.
•
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DOROTHY. N. BAER & ASSOCIATES (714) 645-0420
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? (APPLAUSE)
2 CLERK : GEORGE MURDOCK, SCOTT JORDAN, AND RICK
3 ROW (SIC) .
4 MR. MURDOCK: MY NAME IS GEORGE MURDOCK. I' M NOT
1
5 A LOCAL RESIDENT, I AM A SURFER. AND I' D JUST LIKE TO ADD
6 MY VOICE TO THE GROUND SWELL THAT OPPOSES THIS AMBITIOUS
7 SCHEME.
1
e I' D LIKE TO SEE THINGS REMAIN FOR THE GENERAL
9 USE OF THE PUBLIC FOR RECREATIONAL USE, NOT FOR A PRIVATE
to USE BY A FEW PEOPLE THAT CAN AFFORD IT. THANK YOU.
1
11 MAYOR: THANK YOU.
12 (APPLAUSE)
13 CLERK: SCOTT JORDAN, RICK_ ROW, AND DR. ART
1
14 POWELL (SIC) .
15 MR. JORDON: MR. MAYOR, MEMBERS OF THE COUNCIL.
16 MY NAME IS SCOTT JORDON. I' M HOME OWNER AND A RESIDENT OF
1
17 HUNTINGTON BEACH. LIFE LONG SOUTHERN CALIFORNIAN. I'M A
18 PHYSICIST AND ALSO A BUSINESSMAN.
19 I' D LIKE TO CALL YOUR ATTENTION TO SOME
1
20 PARANOIAS (SIC) BETWEEN THE HARBOR DEVELOPMENT PROPOSALS AND
21 WHAT I'VE LEARNED ABOUT SCIENCE AND COMMERCE. BASICALLY FOR
22 EVERY ACTION THERE' S A REACTION. AND FOR EVERY CREDIT THERE
1
MUST BE A DEBIT SOME PLACE ON THE LEDGER.
24 NOW IN THE CASE OF THE HARBOR DEVELOPMENT,
25 CLEARLY THE BENEFICIARIES ARE AS FOLLOWS. FIRST, THERE' S
1
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1 THE DEVELOPERS AND THE LAND OWNERS, WITH A VERY SIGNIFICANT
2 RETURN ON THEIR INVESTMENT. SECOND, THERE ARE THE BOAT
OWNERS, MOSTLY AFFLUENT. THEY GAIN A WHOLE NEW PLAY GROUND.
4 THIRD, THERE ARE THE WATERFRONT HOME OWNERS, WHO GAIN A
1
5 BRAND NEW NEIGHBORHOOD OF FINE HOMES. FOURTH, I HATE TO BE
6 THE ONE TO POINT IT OUT, BUT OUR ELECTED OFFICIALS ARE ALSO
7 BENEFICIARIES. BECAUSE IN THESE POST PROPOSITION 13 DAYS,
1
8 WHO CAN PASS UP THE CHANCE TO EXPAND THE TAX BASE.
9 NOW, THERE ARE LOSERS TOO ON THE OTHER SIDE
10 OF THE LEDGER. AND THEY ARE AS FOLLOWS. NUMBER ONE, THE
1
11 BEACH GOING PUBLIC. BECAUSE OF THAT BREAK WATER THEY LOSE
12 MILES OF THE FINEST BEACH IN CALIFORNIA. WHAT USED TO BE A
13 LOVELY BEACH, AND IS TODAY, WILL BECOME A NO MAWS LAND,
1
14 WITH STILL, OILY WATER, FILLED WITH TRASH. A FEW KNOW OF
15 THIS WILL REPLACE WHAT IS PRESENTLY A VERY, VERY NICE AREA
16 TO SUN, SURF, AND SWIM. SECOND, THE WILDLIFE WILL LOSE ITS
1
17 HOME. ONE OF THE LAST REMAINING EXeAVATORS IN IT' S NATURAL
18 FORM. THE THIRD, MOST OF ALL, THE PEOPLE OF CALIFORNIA,
19 ESPECIALLY THE PEOPLE OF ORANGE COUNTY, AND PARTICULARLY
1
20 HUNTINGTON BEACH, THE 44TH LARGEST CITY IN AMERICA.
21 BECAUSE, LET' S FACE IT, GOOD BEACH IS HARD TO COME BY NOW-A-
22 DAYS.
1
- IT' S A FOUND OUT COMMODITY, THERE ISN' T MUCH
24 OF IT LEFT. WE OWN THIS BEACH, AND IT'LL BE GONE FOREVER IF
25 THAT BREAK WATER COMES TO PASS. NOW I THINK YOUR DECISION
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 IS CLEAR. YOU REPRESENT PUBLIC PEOPLE LIKE ME, PEOPLE LIKE
•
2 US. WE OWN THAT BEACH, NOT SIGNAL LANDMARK. AND AS I SAID
IT WILL BE GONE FOREVER IF THAT BREAK WATER COMES TO PASS.
4 PLEASE, PLEASE DO WHAT YOU CAN TO KEEP BOLSA CHICA BEACH
•
5 OURS. THANK YOU.
6 (APPLAUSE)
7 CLERK: CHRIS ROW, DR. ART POWELL, AND JIM MADDEN
•
8 (SIC) .
9 MR. ROW: I' M RICK ROW, I' M IN MY 19TH YEAR
10 TEACHING HISTORY AT GOLDEN WEST COLLEGE, OUR COMMUNITY
•
11 COLLEGE. AND MY 12TH YEAR OF BEING A RESIDENT IN THIS CITY,
12 AND YOU KNOW, AS I WAS THINKING ABOUT THIS TODAY, I THOUGHT
13 WELL I HAD SOME THOUGHTS TO OFFER THE HISTORIANS THAT I' D
14 REALLY LIKE YOU ON THE CITY COUNCIL TO THINK OF AS YOU TAKE
15 THIS CRUCIAL VOTE.
6 I THINK WERE AT ONE OF THE POINTS THAT YOU
•
17 SEE FROM TIME TO TIME IN HISTORY WHERE THERE' S A PERCEPTIVE
18 CHANGE IN THE PUBLIC MOOD. YOU KNOW, I TRUST YOU ALL KNOW
19 ABOUT THE CONTROLLED GROWTH INITIATIVE, AND WHAT THE POLLS
20 HAVE INDICATED ABOUT IT. YOU KNOW, ORANGE COUNTY HAS MADE
21 TIME MAGAZINE IN RECENT MONTHS, AND I THINK THERE' S A
22 GROWING AWARENESS OF WHAT WE NEED TO DO TO PRESERVE THE OPEN
`C SPACE WE HAVE LEFT, AND YOU KNOW, LOOK FORWARD TO THE
24 FUTURE.
25 AT THE SAME TIME, YOU KNOW, I LOOK AT THIS
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1 DECISION IN THE LONG RUN. WHEN I THINK OF COMMUNITIES THAT
1
2 SET LAND ASIDE FOR OPEN SPACE FOR PARKS, I THINK IT' S
?, INTERESTING TO THINK OF THE PEOPLE THAT HAVE DONE THAT
4 HISTORICALLY HAVE ALMOST ALWAYS BEEN LOOKED ON AS THE PEOPLE
1
5 WHO CARRIED OUT THEIR OBLIGATIONS TO PROSPERITY, AND DID
6 WHAT WAS IN THE TRUE LONG TERM INTEREST OF THEIR COMMUNITY.
7 AND IT' S SEEMS TO ME THEY' VE ALWAYS BEEN LAUDED FOR IT.
I
8 AND SO AS PLENTY OF PEOPLE HAVE TOLD YOU
9 TONIGHT, YOU' VE GOT A UNIQUE OPPORTUNITY TO PRESERVE i
10 SOMETHING THAT' S VERY RARE HERE IN SOUTHERN CALIFORNIA. I
1
11 WAS ALSO THINKING THAT RIGHT AT THIS POINT IN MY HISTORY
12 CLASS I' VE BEEN TALKING ABOUT OUR REVOLUTION. AND YOU KNOW
13 IT STRUCK ME AS THE MAN WHOSE NAMES, -: YOU KNOW, WE HALLOW
i
14 TODAY, GEORGE WASHINGTON, JOHN HANCOCK, AND THOMAS
15 JEFFERSON, ETC. YOU KNOW, THEY' RE REVERED BECAUSE THEY WERE
16 THE PEOPLE WHO SAW THE FUTURE FORCE OF HISTORY, AND THEY
17 TOOK, YOU KNOW, THEY MADE THE HARD DECISIONS AT GREAT RISKS
18 THEMSELVES TO STAND ON, YOU KNOW, WITH THE FORCE OF THE
19 FUTURE. AND BECAUSE OF THAT WE REMEMBER THEIR NAMES TODAY,
YOU KNOW, WITH GREAT ADMIRATION.
1_i I REALLY URGE YOU TO THINK ABOUT WHAT YOU' RE
22 DOING WHEN YOU MAKE THIS DECISION. IN TERMS OF THE LONG
COURSE OF HISTORY, I MEAN, AS I LOOP. FORWARD TO THE FUTURE,
24 30, 40 YEARS FROM NOW, I GUESS I SEE 2 ALTERNATIVES. YOU
25 KNOW, ONE IS THE PRESERVATION, SOME OF THIS AREA IS THE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 WETLANDS, GRANTED, BUT A LOT LESS THAN IT COULD BE. AND AT
1
2 THE SAME TIME COUPLED WITH THAT, AN UNCERTAIN RISK TO OUR
CITY BEACHES, WHICH ARE A PRIME ASSET WE HAVE IN THE CITY.
4 AS OTHER SPEAKERS HAVE MENTIONED, I THINK WHAT HAPPENED TO
1
5 THE END OF THE PIER SHOWS HOW EMIFFED AND UNPREDICTABLE THE
6 FORCES OF THE SEA CAN BE.
7 THE ALTERNATIVE IS IF WE CAN PRESERVE THIS
1
8 WETLAND AND RESTORE IT, WE WILL HAVE SOMETHING THAT WILL BE j
9 THE PRIDE, NOT JUST OF HUNTINGTON BEACH, BUT SOUTHERN
10 CALIFORNIA. WE' RE BOUND TO GET MORE CROWDED, AND THE VALUE
1
11 OF THIS CAN ONLY BE ENHANCED AS THE FUTURE GOES ON. AND AT
12 THE SAME TIME WE CAN KNOW THAT OUR BEACHES ARE SECURE, OUR
13 DOWNTOWN WILL REMAIN AN AREA THAT PEOPLE WILL BE ATTRACTED
1
14 TO. YOU KNOW, TO ME THE LONG TERM PROSPECTIVE, OUR USE FOR
15 PRESERVING THIS UNIQUE ASSET AND DOING ALL WE CAN FOR FUTURE
16 GENERATIONS TO COME. THANKS A LOT.
1
17 (APPLAUSE)
18 CLERK: DR. ART POWELL, JIM MADDEN (SIC) , AND
19 MALCOLM WEISBART (SIC) .
1
20 DR. POWELL: MY NAME IS ART POWELL. I USED TO BE
21 A PROFESSOR, BUT NOW I' M JUST IN AERODYNAMICIST FOR DOUGLAS
22 DURING THE WEEK. AND ON THE WEEKEND I JOINED THE BARNEY
1
BRIGADE AS RENOWNED BY THE SURFING MAGAZINES ANYWAY. AND
24 I' M ONE OF THESE OLD GUYS WITH A PARTLY BALD HEAD WHO GOES
25 OUT THERE SURFING EVERY WEEKEND. FOR ME, SURFING IS ONE OF
I
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 THE BEST, ONE OF THE VERY BEST FORMS OF RECREATION BY A
1
NUMBER OF THINGS. IT BUILDS STRENGTH AND BALANCE, IT' S
3 EXCITING, IT' S WORTH -- IT' S A REASON TO STAY IN SHAPE, IT' S
4 A WAY TO FIGHT ADVANCING AGE, OR AT LEAST THE EFFECTS OF IT.
1
5 (LAUGHTER)
6 DR. POWELL: BUT A THOUGHT THAT STRUCK ME ONE DAY
7 WHEN I WAS DOWN AT THE BEACH. I LOOKED OUT AND I REALIZED I
I
8 WAS STANDING AT THE EDGE OF A CONTINENT, AND THAT IF I WERE
9 TO TURN AND GO EAST I' D HAVE TO GO 3 THOUSAND MILES BEFORE
10 I' D SEE ANOTHER STRETCH OF BEACH LIKE THIS. THAT' S HOW
1
11 PRECIOUS THIS LITTLE BIT OF LAND IS. AND WE' RE REALLY
12 TALKING ABOUT EVERYTHING THAT' S SOUTH OF THAT -- AND BEHIND
13 AND SOUTH OF THAT PROPOSED BREAK WATER.
i
14 SO THAT' S THE THING I OBJECT TO IS THE BREAK
13 WATER. I THINK THAT' S THE THING THAT' S GOING TO COST US THE
16 MOST. IT IS POSSIBLE TO PUT A CHANNEL THROUGH UNDER -- I
17 KNOW THAT THE AMIGO' S DON' T LIKE TH-IS, BUT UNDERNEATH THE
i8 WARNER -- THAT IS POSSIBLE, BUT APPARENTLY SIGNAL LANDMARK
19 DOESN' T LIKE THAT BECAUSE IT WON' T MAKE THE -- IT HAS
: 0 SOMETHING TO DO WITH WHAT THEY CAN SELL THEIR HOUSES FOR, I
21 GUESS.
22 (LAUGHTER)
DR. POWELL: THE CORP OF ENGINEERS ARE GOING TO
1-4 BE BUILDING THIS BREAK WATER, AND I THINK THAT, IS IT NOT SO
25 THAT THE MONEY IS GOING TO COME FROM US TAXPAYERS. AND SO
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 WE LITTLE GUYS CAN LOSE OUR CHUNK OF BEACH AND END UP HAVING
•
TO PAY FOR IT.
BUT THE THOUGHT THAT I REALLY WANT TO LEAVE
4 YOU WITH IS THAT DEVELOPMENT, AND THAT REALLY AS PREVIOUS
5 SPEAKERS SAID THIS AS WELL, DEVELOPMENT IS IRREVERSIBLE.
E, AND I WANT YOU TO CONSIDER THE LEGACY THAT YOU ARE LEAVING
7 TO FUTURE GENERATIONS, IF YOU MAKE THIS MISTAKE. I REALLY
•
8 FEEL VERY STRONGLY ABOUT IT.
9 (APPLAUSE)
to CLERK : JIM MADDEN, MELVIN WEISBART, AND SHIRLEY
•
DENTLAW (SIC) .
1' MR. MADDEN: MAYOR ERSKIN, HONORABLE MEMBERS OF
13 THE COUNCIL. I' M JIM MADDEN, 18 YEAR RESIDENT OF HUNTINGTON
14 HARBOR.
15 I'VE BEEN INTERESTED IN THE PROPOSALS THAT
16 HAVE BEEN MADE BY THE HUNTINGTON LANDMARK COMPANY, AND THE
•
17 OLD BOLSA CHICA AREA PROJECT. I' VE-TRIED TO STAY ON TOP OF
3.8 THE MEETINGS, WE' VE HAD ONE MEETING HERE PREVIOUSLY,
19 SPONSORED BY THE ORANGE COUNTY ENVIRONMENTAL AGENCY. AND WE
•
:0 WERE ASSURED AT THAT TIME THAT ANY FUTURE MEETINGS WE WOULD
c1 BE NOTIFIED IN ADEQUATE TIME SO THAT WE COULD PRESENT OUR
2C VIEW.
•
=:3 I THINK I' M FAIRLY ALERT TO CIVIC AFFAIRS.
24 HOWEVER, MY FIRST INDICATION THAT A MEETING WAS GOING TO BE
S HELD ON THIS SUBJECT, WAS AT 9 O' CLOCK THIS MORNING. WHEN I
•
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 PICKED UP A LITTLE THROW AWAY PAPER THE LONG BEACH, RATHER
•
THE HUNTINGTON BEACH INDEPENDENT NEWS. AND ON THE FRONT
PAGE THERE WAS AN INDICATION THAT THIS MEETING WOULD BE HELD
4 TONIGHT AT 7 O' CLOCK. NOW I CALLED THE CITY CLERK, AND
i
5 QUIZZED THE CITY CLERK WITH REGARD TO THE NOTICE OF THIS
6 MEETING. NONE OF MY NEIGHBORS RECEIVED ANY NOTICE, AND YET
7 WE' VE BEEN ASSURED BY BOTH -- I HAVE LETTERS TO THAT EFFECT
8 ON MY DESK, BY BOTH HARRIET WEEDER (SIC) , AND SENATOR
=1 BERGESON THAT ADEQUATE PUBLIC MEETINGS WOULD BE HELD WHERE
1C_) OUR INPUT WOULD BE RESPECTED.
1 THE FIRST NOTICE OF THIS MEETING WAS
12 PUBLISHED FEBRUARY 1ST, IT WENT INTO THE DAILY PILOT, WHICH
13 IS NOT A LARGE CIRCULATION PAPER, AND IT WENT ONTO THE BACK
i
14 PAGE AS A LEGAL NOTICE. ON FEBRUARY THE 4TH IT WENT INTO
i� THE ORANGE COUNTY REGISTER AS A LEGAL NOTICE. NOW I' M NOT A
;.E PROFESSIONAL GAD FLY OR LAWYER, AND I DON' T LOOK AT THOSE
•
17 NOTICES, BUT I DO READ THE SECTIONS-THAT DO PERTAIN TO BEACH
18 CITY NEWS. AND I THINK THAT IS WHERE ANY NOTICE OF A
19 MEETING OF THIS IMPACT SHOULD BE HELD. IT SHOULD BE A NEWS
RELEASE TO ALL CITIZENS WHO HAVE ANY INTEREST IN THIS MATTER
;_1 THAT A MEETING IS GOING TO BE HELD, AND IT SHOULDN' T 11
1_2 HOURS AHEAD OF TIME. IT SHOULD BE AT LEAST 2 WEEKS AHEAD OF
•
_3 TIME. I DON' T KNOW WHAT YOUR CITY RULES CALLS FOR WITH
24 REGARD TO NOTICE OF SPECIAL COUNCIL MEETINGS, BUT I WOULD
;_5 JUDGE THAT YOU MUST GIVE AT LEAST 7 DAYS NOTICE.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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109
1 NOW WHEN A MATTER COMES BEFORE THE CITY
1
2 COUNCIL AS AGENDA ISSUES, CITIZENS CAN GO TO THE LIBRARY AND
PICK. UP THE AGENDA AND KNOW WHAT' S COMING. BUT IN A SPECIAL
4 MEETING THERE' S NO WAY FOR A CITIZEN TO FIND OUT UNLESS HE
1
5 HAPPENS TO BE READING THOSE LEGAL NOTICES AT THE END OF THE
6 NEWSPAPER. AND I WOULD SUGGEST TO YOU THAT IF YOU WANT THE
7 RESPECT AND THE SUPPORT OF CITIZENS OF HUNTINGTON BEACH, LET
1
8 US KNOW IN ADEQUATE TIME THROUGH PUBLIC NOTICES NOT ON THE
9 BACK PAGE OF THE NEWSPAPER.
10 (APPLAUSE)
1
11 CLERK: MELVIN WEISBART, SHIRLEY DENTLAW, AND
12 GREG PAGE.
1 MR. WEISBART: GOOD EVENING COUNCIL, MAYOR
1
14 ERSKIN, AND FELLOW CITIZENS. MY NAME IS MELVIN WEISBART,
15 AND I' VE BEEN A RESIDENT HERE FOR 20 YEARS.
16 THE THING THAT REALLY BOTHERS ME ABOUT THIS
1
17 WHOLE THING IS WE DON'T NEED 57 HUNDRED MORE HOMES, AND AN
18 ADDITIONAL 11 THOUSAND 400 HUNDRED CARS CLOGGING UP OUR
10 STREETS AND FREEWAYS. PLUS THE ADDITIONAL COST OF MORE
1
,_0 POLICE AND FIRE DEPARTMENT, NOT TO MENTION THE ADDITIONAL
21 GARBAGE OF POLLUTION AND STUFF THAT WOULD BE CREATED. AND
2:2 I' M SURE THAT THIS CHANNEL IS GOING TO DUMP A LOT OF
i
POLLUTION INTO THE BEACH ITSELF.
;R4 AND THE THOUGHT OF REROUTING PACIFIC COAST
-5 HIGHWAY AND TYING UP WARNER AVENUE DURING THE CONSTRUCTION,
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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3
1
110
i NOT TO MENTION THE LOSS OF THE RECREATIONAL BEACH, AND THE
1
2 DANGERS OF BATHERS AND THE SURFERS IS REVOLTING TO ME. AND
3 WE' VE ALREADY MENTIONED ABOUT THE SHIFTING SANDS, AND THE
4 ADDITIONAL EXPENSE OF THAT.
1
5 SO I' LL JUST MAKE IT SHORT THAT I' M AGAINST
6 THIS WHOLE THING. IT SEEMS LIKE IT' S A VERY COMPLICATED WAY
7 TO SOLVE AN EASY PROBLEM. THANK YOU.
1
8 (APPLAUSE)
13 MAYOR: JOHNNY, NEXT SPEAKER PLEASE.
10 CLERK: SHIRLEY DENTLAW, GREG PAGE, AND DIANE
1
11. EASTERLING (SIC) .
12 MS. DENTLAW: MAYOR ERSKIN, MEMBERS OF THE CITY
13 COUNCIL. MY NAME IS SHIRLEY DENTLA6y AND I' VE BEEN A
I
14 RESIDENT OF HUNTINGTON BEACH FOR 25 YEARS.
15 YOU' RE GOING TO MAKE A VERY IMPORTANT
16 DECISION IN THE NEXT FEW WEEKS. I HAD HOPED YOU' D MAKE THAT
i
17 DECISION TONIGHT. I HOPE THAT THE MEMBERS OF THE AUDIENCE
18 WHO ARE HERE TONIGHT WILL RETURN SO THAT THEY CAN BE HERE
113 WHEN YOU MAKE THAT DECISION.
20 THIS DECISION IS ONE THAT MAY DETERMINE THE
21 FUTURE FOR A GREAT MANY FUTURE RESIDENTS OF THIS CITY.
22 SB1517 IS UNNECESSARY. DECISIONS REGARDING THE BOLSA CHICA
23 SHOULD BE YOURS, AND NOT A SEPARATE DISTRICT WHERE THE CITY
24 WILL HAVE LITTLE INFLUENCE. I URGE YOU TO OPPOSE THIS BILL
25 FOR THE FOLLOWING REASONS.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
C
1
111
i TONIGHT YOU HAVE BEFORE YOU A BILL, WHICH HAS
1
CONTINUALLY BEEN AMENDED. AND EVEN NOW ADDITIONAL SIGNAL
AMENDMENTS ARE WAITING TO BE INCLUDED. YOU DO NOT KNOW WHAT
4 THE FINAL FORM OF THE BILL WILL BE, AND WHAT IMPACT THOSE
1
5 WILL HAVE ON THIS CITY.
6 SEVERAL WEEKS AGO WHEN YOU GAVE A QUALIFIED
7 SUPPORT TO THE BILL ON THE CONDITION THAT THERE WOULD BE NO
1
a ADDITIONAL AMENDMENTS. AMENDMENTS CONTINUE TO FLOW, BUT THE
9 CITY HAS NOT OBJECTED, NOR HAS IT WITHDRAWN SUPPORT. YOU
10 CAN' T KNOW WHAT THE FINAL OUTCOME WILL BE.
1
11 YOU ARE BEING ASKED TO SUPPORT A PROJECT WHEN
12 IMPORTANT STUDIES ON THIS PROJECT STILL HAVE TO BE
13 COMPLETED. YOU DO NOT HAVE ANSWERS -TO QUESTIONS THAT MAY
1
14 BRING DISASTER TO THE CITY. THE CORP OF ENGINEERS DOES NOT
15 DETERMINE WHAT THE EFFECTS WILL BE ON THE CITY BEACHES WHEN
16 AN OCEAN ENTRANCE IS CUT THROUGH THIS PRICELESS RESOURCE.
1
17 WHAT IMPACT WILL OUR BEACHES SUFFER-WITH SAND EROSION, AND
18 WHAT IMPACTS DO WE FACE WITH THE INCREASED TRAFFIC ON OUR
J.9 ROAD SYSTEM.
1
20 THERE ARE COMPLETED, CONSULTANT STUDIES THAT
21 HAVE BEEN WITHHELD FROM YOU AND FROM THE PUBLIC. STUDIES
�22 THAT COULD INFLUENCE YOUR DECISIONS TONIGHT. THESE
1
QUESTIONS MUST BE ANSWERED BEFORE YOU SUPPORT THE PROPOSAL
;_4 THAT WILL DRAMATICALLY INFLUENCE THE DEVELOPMENT OF THIS
25 AREA.
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
1
•J
1
112
1 THE CITY DOES NOT NEED THIS BILL. EVERY
1
COASTAL CITY IN CALIFORNIA HAS GONE THROUGH THE L. C. P.
PROCESS. WHY SHOULD HUNTINGTON BEACH BE DIFFERENT? OPPOSE
4 THIS BILL, LET THE STUDIES BE COMPLETED, LET THE COASTAL
1
5 COMMISSION COME TO A FINAL DECISION. IF THERE IS STILL A
6 NEED FOR SPECIAL CONSIDERATION FROM THE BOLSA CHICA THEN
7 THOSE ISSUES, AND THESE, CAN BE ADDRESSED AT THAT TIME.
1
6 MOST IMPORTANTLY YOU AS OUR REPRESENTATIVES
9 ARE GIVING UP YOUR RIGHTS TO GOVERN THIS AREA. AN AREA WELL
10 WITHIN YOUR SPHERE OF INFLUENCE AND JURISDICTION. DON' T BE
1
11. INFLUENCED BY THE FALSE FEAR THAT YOU WILL NOT BE ABLE TO
12 ANNEX THIS AREA INTO THE CITY. THIS IS THE THREAT THAT
1�; CANNOT BE SUPPORTED BY FACTS. ASSUME YOUR AUTHORITY AND LET
1
14 SACRAMENTO KNOW THAT YOU HAVE REGAINED YOU LEADERSHIP. AND
15 THAT YOU AS OUR CITY COUNCIL WILL BE THE GOVERNING BODY, NOT
16 A SEPARATE DISTRICT WHERE YOU WILL HAVE LITTLE AUTHORITY.
I
17 THANK YOU.
18 (APPLAUSE)
19 CLERK: GREG PAGE, DIANE EASTERLING, AND EMILY
I
1-0 RENVILLE (SIC) .
1 MR. PAGE: GOOD EVENING, MY NAME IS GREG PAGE AND
i
22 I' M HERE BOTH AS A RESIDENT OF HUNTINGTON BEACH, AND AS A
VERY FREQUENT USER OF BOLSA CHICA STATE BEACH. USUALLY AT
,=:4 LEAST ONCE A WEEK ALL YEAR ROUND.
;_5 I' M HERE TONIGHT TO VOICE MY OPPOSITION TO
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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113
1 THE PROPOSED BOLSA BAY HARBOR DISTRICT PLAN, SENATE BILL
•
2 1517, AND ASK THAT MY ELECTED REPRESENTATIVES, THE
3 HUNTINGTON BEACH CITY COUNCIL ALSO STRONGLY OPPOSE WITH ALL
4 THEIR RESOURCES THIS PLAN.
•
5 THE PROPOSED PLAN WOULD ELIMINATE VALUABLE
6 PUBLIC RECREATIONAL RESOURCES. REQUIRE LARGE EXPENDITURES
• 7 OF PUBLIC FUNDS, AND WOULD GIVE THE PUBLIC NOTHING IN
8 RETURN. THE PROPOSED PLAN WOULD SACRIFICE 300 ACRES OF THE
9 SCARCE REMAINING SOUTHERN CALIFORNIA COASTAL WETLAND.
• 10 ELIMINATE 1 THOUSAND FEET OF BOLSA CHICA STATE BEACH,
11 ELIMINATE OVER 3 THOUSAND FEET OF BEACH SURF ZONE, DESTROY
12 THE CONTINUITY OF THE COASTAL BIKE PATH SYSTEM, AND REQUIRE
13 OVER 200 MILLION DOLLARS OF PUBLIC FUNDS.
14 COASTAL WETLANDS HAVE BEEN NEARLY ELIMINATED
15 FROM SOUTHERN CALIFORNIA AREAS. HUNTINGTON BEACH IS VERY
• 16 FORTUNATE TO HAVE A SMALL REMAINING COASTAL WETLAND ZONE.
17 IF THERE IS AN IMPORTANT PART OF THE COASTAL SHORE EGO
18 SYSTEM, PROVIDING BREEDING OF FEEDING HABITAT FOR MUCH OF
• iS THE NEAR SHORE FOOD CHAIN, AND IS ALSO A VALUABLE PUBLIC
20 RECREATIONAL RESOURCE. IT ALSO PROVIDES THE RESIDENTS WITH
21 A LINK TO THE PAST OF THE ORIGINAL CALIFORNIA COASTAL
• 22 ENVIRONMENT. NO PART OF THE LIMITED EXISTING WETLANDS AREA
23 CAN BE SACRIFICED NEEDLESSLY THAT THE BOLSA BAY HARBOR
24 DISTRICT PLAN WOULD REQUIRE.
25 BOLSA CHICA STATE BEACH IS A VALUABLE, HIGHLY
•
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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3
114
1 UTILIZED RECREATION AREA FOR HUNTINGTON BEACH, ORANGE
2 COUNTY, AND ALL OF THE L. A. REGIONS. THE BOLSA BAY HARBOR
3 DISTRICT PLAN WOULD DIRECTLY ELIMINATE A THOUSAND FEET OF
4 THE CURRENT BEACH, PARKING AREA, AND WATER FRONT ZONE. THE
1
5 PLAN WOULD ALSO ELIMINATE OVER 3 THOUSAND FEET OF THE BEACH
6 FOR SURF RELATED ACTIVITIES, BOARD SURFING, BOOGEY BOARDING,
7 BODY SURFING, OR JUST WADING IN THE SURF LINES. THE LOSS OF
1
8 SURFING ACTIVITIES IS NOT LIMITED TO PEOPLE, AS THE LOCAL
9 DOLPHIN SCHOOLS ARE OFTEN SEEN SURFING ALONG SIDE THEIR
1{:) HUMAN COUNTERPARTS WOULD ALSO LOSE THIS PART OF THEIR
1
11. HABITAT.
11 THE PROPOSED PLAN WOULD ALSO SEVER THE
13 REMAINING BOLSA CHICA BEACH AREA INTO 2 SEGMENTS.
1
14 ELIMINATING EFFICIENT LIFE GUARD AND EMERGENCY SERVICE.
15 ELIMINATING EFFICIENT USE OF THE MUCH LIMITED PARKING AREA,
16 EVEN PREVENTING PEOPLE FROM ENGAGING IN A PEACEFUL STROLL
1
17 DOWN THE BEACH. -
18 THE CURRENT DEMANDS ON THIS BEACH RESOURCE
19 ARE SO HIGH THAT ON A TYPICAL SUMMER DAY BOLSA CHICA STATE
1
BEACH HAS REACHED CAPACITY BY JUST AFTER NOON. ANYONE
-1 PASSING THIS AREA HAS SEEN LONG LINES AND DOZENS OF CARS
22 FULL OF PEOPLE WAITING FROM A FEW MINUTES TO A FEW HOURS TO
1
1_3 GAIN ACCESS TO THIS VALUABLE RESOURCE. CLEARLY THE CURRENT
;_4 BEACH AREA IS INADEQUATE FOR DEMAND AND NO PORTION OF THIS
-5 AREA CAN AFFORD TO BE LOST.
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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115
1 THE PROPOSED BREAK WATER SYSTEM FOR THE BOLSA
•
2 BAY HARBOR DISTRICT WOULD ALSO IMPACT THE LOCAL MARINE LINE.
ANYONE WHO SPENDS MUCH TIME ON BOLSA CHICA HAS SEEN THE
4 LOCAL DOLPHIN SCHOOLS SWIMMING ALONG THE BEACH FEEDING WELL
f
5 INSIDE THE LIMITS OF THE PROPOSED JETTIES AND BREAK WATERS.
6 BREAK WATER PLANNING COULD ELIMINATE OR SEVERELY MODIFY THIS
7 FEEDING ZONE.
i
8 CLEARLY THE PROPOSED BOLSA BAY HARBOR
9 DISTRICT PLAN WOULD SACRIFICE TOO MUCH OF THE PUBLIC
10 RECREATION AND ENVIRONMENTAL REGION WHILE PROVIDING NOTHING
i
11 IN RETURN. I STRONGLY ASK THAT YOU OPPOSE THIS BILL. THANK
1? YOU.
13 (APPLAUSE)
i
14 MAYOR: THANK YOU.
15 CLERK: DIANE EASTERLING, EMILY RENVILLE, AND
i6 JOSEPH MORGAN.
i
17 MAYOR: COULD ALL 3 SPEAKERS PLEASE COME FORWARD
i8 AND BE READY TO SPEAK PLEASE.
19 MS. RENVILLE: I' M COUNCIL MEMBER, EMILY RENVILLE
20 FROM PALO ALTO. AS A COUNCIL MEMBER I RECOGNIZE THE
21 POLITICAL RISK OF BEING AN OUTSIDER SPEAKING TO YOUR LOCAL
. 22 ISSUE. BUT PALO ALTO DOES HAVE SOME SIMILARITIES TO
HUNTINGTON BEACH, AND I WOULD VERY BRIEFLY SPEAK TO THOSE.
24 WE HAVE 18 HUNDRED ACRES OF BAY LAND, ALL OF
i =5 WHICH WERE ONCE WETLANDS. AND 12 HUNDRED ACRES OF WHICH
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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116
1 FILL OUR WETLANDS. WE ALSO HAD A MARINA WHICH HAD BEEN
1
BUILT IN THE WETLANDS IN 1929. BY 1937 OUR CITY HAD SPENT
OVER A QUARTER OF A MILLION DOLLARS, DEPRESSION YEAR
4 DOLLARS, MAINTAINING THAT HARBOR, MAINLY DREDGING. IN THE
1
5 REMAINING 50 YEARS WE HAVE DOCUMENTED OVER 5 MILLION DOLLARS
6 THAT WAS SPENT TO MAINTAIN THIS 108 BERTH MARINA, PUBLIC
7 DOLLARS. DREDGE SPOILS WERE DUMPED IN OUR WETLAND UNTIL
1
8 1968, IRONICALLY REDUCING THE TITLE PRISM, WHICH IT HAS
9 HISTORICALLY MAINTAINED THE CHANNEL. OUR MARINA WAS FINALLY
10 CLOSED AND DISMANTLED LAST YEAR AFTER OVER 20 YEARS OF
1
11 INTENSE COMMUNITY CONFLICT ON TWO INITIATIVES.
12 OUR WETLAND, PUBLIC OPEN SPACE NEAR HOMES,
13 COST US ALMOST NOTHING TO MAINTAIN, --ATTRACT THOUSANDS OF
1
14 VISITORS EACH YEAR, AND WERE NAMED BY THE SAN FRANCISCO
15 CHRONICLE AS ONE OF THE TOP 22 PLACES TO VISIT AROUND SAN
16 FRANCISCO BAY.
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17 I DIDN' T REALLY TRAVEL ALL THIS WAY TO ATTEND
18 THIS MEETING, BUT REALLY TO VISIT THE BOLSA CHICA WETLAND,
19 BECAUSE I RECOGNIZE THAT AS A CRITICAL LINK, AS IS OUR
1
20 WETLAND, IN THE PACIFIC FLY WAY. AND BOLSA CHICA IS ONE OF
21 THE MORE SIGNIFICANT REMNANTS OF THE REMAINING 10% OF
0 CALIFORNIA'S ORIGINAL WETLANDS.
1
E MARINAS ARE QUITE EASY TO CREATE AND ARE DONE
4 FREQUENTLY, AND MANY COMMUNITIES HAVE THE LOCATIONS AND SO
25 FORTH TO DO THAT. BUT YOU CANNOT CREATE NATURAL OPEN SPACE,
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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117
1 AND YOU TINKER WITH WATER, AND YOU GUARANTY SIGNIFICANT
2 PUBLIC COSTS IN THE FUTURE. IT' S PROVEN OVER AND OVER
3 AGAIN, AND I THINK EARLIER SPEAKERS HAVE SPOKEN TO THE
4 PROBLEM OF BREAK WATERS. WE HAVE AN EXAMPLE IN SANTA CRUZ,
5 UP OUR WAY, OF THAT VERY PROBLEM.
6 YOU SUGGESTED EARLIER THAT YOU' D GIVE EXTRA
7 TIME TO THOSE OF US WHO ARE BEARING NICE GIFTS. I HOPE I
8 SEND BRIEF, BUT I DO HAVE A GIFT FOR YOU ANYWAY, FROM THOSE
9 OF US WHO SHARE THIS VITAL LINK FOR THE MIGRATORY SHORE
10 BIRDS, AND WATER FOWL OF CALIFORNIA. I THANK YOU FOR YOUR
•
11 TIME. AND I HAVE FOR EACH ONE OF YOU A BAY WETLANDS
12 (INAUDIBLE) . . . .
13 (APPLAUSE)
14 MAYOR: EMILY. EMILY, I HAD A QUESTION. WHAT
15 WAS THE COST THAT YOU HAD TO GET ALL THOSE NUMBERS, YOU SAID
16 EARLY ON THERE WAS A QUARTER OF A MILLION DOLLARS SPENT OVER
17 TIME?
18 MS. RENVILLE: WE HAVE NEWSPAPER ARTICLES THAT
19 INDICATE THAT BY 1937 THE CITY, WHO HAD PURCHASED IT' S OWN
20 DREDGE, AND HAD BEEN DREDGING, HAD ALREADY SPENT A QUARTER
21 OF A MILLION DOLLARS. AND THAT THEY HAVE REQUESTED THE ARMY
22 CORP OF ENGINEERS TO TAKE OVER DREDGING OUR MARINA. THE
r
23 CORP REFUSED, AND THE CITY LIMPED ALONG FOR UP UNTIL 1958
24 WHEN THE DREDGE JUST REALLY CONKED OUT. AND AT THAT POINT
25 WE LEASED OUR MARINA TO THE COUNTY WHO HAD AMBITIOUS PLANS
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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118
i WHICH THEY NEVER COULD FULFILL BECAUSE OF THE COST. AND
1
2 FINALLY THE DIFFICULTIES OF DISPOSAL DREDGE SPOILS AND
3 PUBLIC COSTS FINALLY RESULTED IN CLOSURE OF THAT MARINA.
4 AND IT WAS PRIMARILY BECAUSE IT WAS BUILT IN A WETLAND, IN
5 THE WRONG PLACE, AND JUST FROM WHAT I CAN SEE THIS LOOKS
6 LIKE A VERY SIMILAR SITUATION. IT MIGHT BE A SAND PROBLEM
7 RATHER THAN A MUD PROBLEM, BUT PROBABLY THE PROBLEMS ARE THE
/
8 SAME.
9 MAYOR: YOU MENTIONED A NUMBER THOUGH, A LARGE --
10 MS. RENV I LLE: OVER 5 MILLION DOLLARS, YES.
1
11 MAYOR : WHAT TO --
12 MS. RENVILLE: WE ACTUALLY HAD GONE THROUGH
13 ACCOUNTS THAT WE COULD FIND, AND DOCUMENTED DOLLAR AMOUNTS.
1
14 NO REAL COST ACCOUNTING HAS BEEN DONE PRINCIPALLY BECAUSE
15 THERE WAS A VERY STRONG POLITICAL LOBBY TO MAINTAIN THE
16 MARINA. THOSE PEOPLE WHO WERE IN IT. AND YOU WOULD HAVE A 1
I
1.7 MUCH LARGER ONE, OBVIOUSLY, WITH 3 THOUSAND BERTHS, AND
18 THAT MEANS THAT THERE WOULD PROBABLY BE A STRONG PRESSURE
i.9 FOR PUBLIC FUNDING TO CONTINUE IF IT SHOULD THERE BE r
1
_0 PROBLEMS WITH EITHER SAND BARS OR WHATEVER MIGHT OCCUR WHEN
21 YOU DO TINKER WITH THE NATURAL HYDROLOGY OF AN AREA.
='2 MAYOR: THANKS A LOT FOR YOUR INPUT. THANK YOU
I
FOR THE SUN SHADES.
2''4 MS. RENV I LLE: YOU' RE VERY WELCOME.
=5 (APPLAUSE)
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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•
119
1 CLERK: JOSEPH MORGAN, RITA TERATELLO (SIC) , AND
•
c JUNE HOOD (SIC) .
3 MS. HOOD: GOOD EVENING. MY NAME IS JUNE HOOD,
4 I' M A NATIVE CALIFORNIAN, AND I' M FROM ARTESIA. I' VE LIVED
5 IN HUNTINGTON BEACH ALMOST 22 YEARS, AND I FEEL THAT THIS
6 BILL SHOULD BE DEFEATED.
7 THE WETLANDS SHOULD BE LEFT AS THEY ARE.
8 THIS IS THE BEGINNING OF THE FOOD CHAIN. THIS EFFECTS.
9 GENERATION AFTER GENERATION AFTER GENERATION.
to SIGNAL OIL COMPANY SHOULD KNOW ABOUT NATURAL
•
1a. RESOURCES THEY'VE TAKEN OIL OUT OF THE GROUND, AND I WOULD
12 THINK THAT THEY WOULD WANT TO PRESERVE BOLSA CHICA. I' D
13 LIKE TO REPEAT THAT I THINK THIS BILL_ SHOULD BE DEFEATED.
•
14 THIS IS THE BEGINNING OF THE FOOD CHAIN, AND FOOD IS PRETTY
15 BASIC.
16 MAYOR: THANK YOU.
17 (APPLAUSE) —
18 PARTICIPANT: JUNE HOOD --
19 MAYOR: THAT WAS JUNE, (INAUDIBLE) .
210 CLERK: CARLOTTA JONES, MRS. ANN SPIEGEL (SIC) ,
21 AND TRUDY HERD (SIC) .
22 MR. JONES: (INAUDIBLE) .
•
?, CLERK: OH, CARLTON, OKAY.
2:,4 MR. JONES: ( INAUDIBLE) . IT' S PUBLISHED BY THE
�:5 ARMY CORP OF ENGINEERS.
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3
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120
1 GENTLEMAN, LADIES, COUNCIL PEOPLE, CONCERNED
•
CITIZENS. MY NAME IS CARLTON JONES, I' M THE CIVIL
ENGINEERING STUDENT AT CAL STATE LONG BEACH. AND I'VE ALSO
4 BEEN PREVIOUSLY PRESENT AT COASTAL COMMISSION MEETINGS WHERE
•
5 DR. W I NCHELL, THE GEOLOGIST, HAS SPOKEN. AND ON ONE
6 OCCASION THE COASTAL COMMISSION VOTED A WAIVER OF LIABILITY
7 AFTER HEARING DR. WINCHELL SPEAK. THE PEOPLE THAT BOUGHT
8 LAND IN THE LOWLANDS AREA WOULD WAIVE LIABILITY TO THE STATE
9 AND COASTAL COMMISSION IF THE DEVELOPMENT WENT THROUGH. I
10 DON'T THINK THEY MENTIONED THE CITY IN THAT WAIVER, SO THE
li CITY BY ITSELF HAVE THE SAME THINGS TO WORRY ABOUT.
12 I WAS BUYING BOOKS FOR SCHOOL LAST WEEK, AND
13 FOUND A COPY OF BURSTINS (SIC) PRINCIPLES OF CALIFORNIA REAL
14 ESTATE. AND A PASSAGE IN THAT WAS INTERESTING, SAID A
15 PONDERED MISSION OF CALIFORNIA TO THE UNION IN 18509 THE
16 STATE BECAME OWNER OF ALL THE LANDS ALLIGNED UNDER NAVIGABLE
17 FRESH WATER BODIES, AND ABOVE THE HIGH TIDE LINES. THEN IT
18 WENT ON THE STATE OWNS THE TIDE LANDS IN TRUST FOR THE
19 PEOPLE, AND CANNOT TRANSFER THESE LANDS TO PRIVATE OWNERS.
20 THIS SEEMS TO ARGUE AGAINST ANY PRIVATE OWNERSHIP OF THE
21 BOLSA CHICA ESTUARY, A TIDE LAND IF THERE EVER WAS ONE.
22 FOLKS, IF I WENT DOWN TO THE D. M.V. AND TRIED
_3 TO REGISTER A CAR, WHICH I HAVE THE SAME CLAIM OF OWNERSHIP
24 TO AS SIGNAL LANDMARK HAS TO THE LOW LANDS OF THE BOLSA
25 CHICA ESTUARY, THEY'D LAUGH AT ME OR MAYBE CALL THE POLICE,
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 I' M NOT SURE WHICH. I URGE ALL YOU FOLKS TO VOTE AGAINST
r
2 THIS SPECIAL TAX DISTRICT, I DON' T THINK ANYBODY WOULD WANT
TO GO ON THE RECORD AS BEING ONE OF THE PEOPLE WHO HELPED TO
4 POINT THE WOLF AS THE CARETAKER TO THE HEN HOUSE, AS
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5 SOMEBODY EARLIER POINTED OUT. BECAUSE THE PEOPLE WHO THINK
6 AHEAD INTO THE FUTURE WILL BE REMEMBERED WELL, PERHAPS THE
7 PEOPLE WHO DON' T MAY BE REMEMBERED MORE POORLY.
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8 A PRACTICAL SITUATION, WELL THAT WAS A LITTLE
9 ON THE LEGAL SITUATION. THE PRACTICAL SITUATION THAT I
10 HAVEN' T SEEN FULLY COVERED AFTER MY COASTAL ENGINEERING
1;. CLASS LAST YEAR, IS THE NEW AND PERMANENT CHANGE THAT' S
12 GOING TO RESULT TO THE COAST LINE, AND THE SMALL LITTLE BIT
13 OF SAND ON ONE SIDE MAY NOT REPRESENT WHAT WILL HAPPEN.
14 THESE WILL BE CAUSED BY THE PROPOSED JETTY AND NAVIGATIONAL
15 CHANNEL. IF INSTALLED THEY WILL START A PROCESS CALLED
16 ACCRETION AND EROSION. THE BEACH NORTH OF THE JETTIES WILL
1
17 BEGIN TO WIDEN, AS I BELIEVE HAS BEEN HAPPENING IN SUNSET
18 BEACH. HAVEN' T THOSE BEACHES BEEN GROWING OUTWARDS ALREADY
i9 BECAUSE OF JETTIES. AND THE BEACH TO THE SOUTH WILL BEGIN
20 TO ERODE AWAY.
21 I PERSONALLY TALKED TO REPRESENTATIVES OF THE
22 ARMY CORP OF ENGINEERS WHEN THEY WERE HERE -- I GUESS IT WAS
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23 LATE LAST YEAR. AND THEY TOLD ME THAT THEY WERE ONLY BEING
24 ASKED TO STUDY WHETHER THIS DEVELOPMENT WAS POSSIBLE AND
25 THEY SAID THEY WERE NOT LOOKING INTO LONG TERM CONSEQUENCES
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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3
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I OF THE DEVELOPMENT. THEY WERE ONLY GOING TO SEE IF IT WAS
POSSIBLE TO DO IT, BUT NOT WHETHER IT MIGHT CAUSE TROUBLES
3 AFTERWARD. AND IT SEEMED LIKE THIS WAS A LITTLE INCOMPLETE,
4 AS THAT' S WHAT THEY TOLD ME THE STUDY WAS GOING TO BE UNLESS
•
5 CHANGES HAVE HAPPENED. AND ALSO THE COASTAL COMMISSIONS
6 WAIVER OF LIABILITY THAT THEY VOTED WOULD SEEM THEY' RE A
7 LITTLE WORRIED, AND DON' T WANT TO BE HELD RESPONSIBLE.
•
8 ON THE ISSUE OF SAND DREDGING. THE LADY, THE
9 SPECIAL PERSONS SPEAKER FROM PALO ALTO MENTIONED, THE
10 SANDING UP, THIS IS BECAUSE A CERTAIN AMOUNT OF CHANNEL FLOW
i
11 IS REQUIRED TO KEEP THE CHANNEL OPEN. RIGHT NOW THERE' S
12 ONLY ONE CHANNEL EMPTYING THE HUNTINGTON HARBOR/BOLSA CHICA
13 AREA, AND THAT' S BY THE NAVAL WEAPONS STATION. IF THAT FLOW
i
14 OF WATER IS DIVIDED IN TWO WAYS IT WILL NO LONGER BE ABLE TO
15 CARRY AS MUCH SEDIMENT --
16 COUNCIL MEMBER: AL, WOULD YOU DIRECT YOUR
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17 COMMENTS THERE SO WE CAN HEAR YOU? -
18 MR. JONES: I' M SORRY, CERTAINLY SIR.
_9 -- IT WILL NO LONGER BE ABLE TO CARRY ALL THE
2o SEDIMENT OUT IN BOLSA CHANNELS, THIS BOLSA NEW ONE, AND THE
21 PRESENT CHANNEL WILL BEGIN TO SAND UP, AND VERY EXPENSIVE
L2 DREDGING WILL BE THE RESULT. BECAUSE A CERTAIN AMOUNT OF
_'3 CRANE IS NECESSARY TO KEEP THOSE CHANNELS CLEAR. A SMALL
12 NON-NAVIGABLE CHANNEL MIGHT STAY OPEN BECAUSE IT WOULD HAVE
2E A HIGHER VELOCITY BECAUSE IT WAS SMALLER, BUT A LARGE
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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1 NAVIGABLE OPENING WOULD HAVE A VERY LOW VELOCITY BECAUSE IT
•
WOULD SPLIT SUCH A LARGE AMOUNT OF WATER FROM THE OTHER
3 OPENING. AND BOTH THE NEW CHANNEL AND THE OLD CHANNEL WOULD
4 TEND TO SAND UP, AND COULD COST A LOT OF MONEY FOR DREDGING.
5 MAYOR: CARLTON, WE ASK THAT YOU WRAP IT UP.
6 MR. JONES: OKAY, OKAY. I UNDERSTAND.
7 RIGHT NOW 90% OF CALIFORNIA WETLANDS ARE
•
8 GONE, TOTAL LOSS OF WETLANDS IN THE UNITED STATES HAS RUN
9 HALF A MILLION ACRES PER YEAR OVER THE LAST 30 YEARS.
10 TWELVE MARSHES IN OTHER WETLANDS ARE NURSERIES, FEEDING
•
11 GROUNDS, AND STOP OVER POINTS FOR EVERYTHING FROM SHRIMP TO
12 SNOW GEESE. WATER FOUL MEMBERS ON THE PACIFIC FLY WAY IN
13 WHICH WE LIVE HAVE DROPPED 1/3 IN THE LAST 30 YEARS, AND
14 LAST FALL MIGRATION CONTAINED THE LOWEST MEMBER OF DUCKS ON
15 RECORD.
16 IF WE MAKE A MISTAKE AND BREAK THE PACIFIC
!
17 FLY AWAY, THE PACIFIC FLY AWAY IS ONE OF THE 3 MAJOR FLY
18 AWAYS IN THE WORLD. PEOPLE WHO HAVE BEEN IN THE SOUTH PART
9 OF THE BACK SIDE OF THE PICO VILLAGE HAVE SEEN THE MAPS
210 THERE ON THE SIDE WALK. ONE OF THE 3 LARGEST FLY AWAYS IN
;_'1 THE WORLD, ANDAF WE BREAK THAT FLY AWAY WE DON' T KNOW WHAT
2:12 THE EFFECTS OF THE ECOLOGY OF THE WORLD IS. ALL THE ANIMALS
SIT TOGETHER, AND IT' S POSSIBLE THAT THE -- IT' S CONCEIVABLE
2,4 THAT HUMAN AND ANIMAL ECOLOGY COULD COMPLETELY UNRAVEL, WE
_O JUST DON' T KNOW. WE DON' T KNOW WHERE THE CRITICAL POINT,
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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124
1 LIKE CRITICAL MASS ON THE ATOMIC BOMB, WE DON' T KNOW WHERE
2 THE CRITICAL POINT WHERE THINGS REALLY START TO GO BAD
3 QUICKLY.
4 MAYOR: CARLTON.
5 MR. JONES: THERE' S NO WAY OF PREDICTING THIS. I
6 GUESS MY TIME' S UP.
7 MAYOR: THANK YOU.
8 (APPLAUSE)
9 CLERK: (INAUDIBLE)
1(:) MS. SPIEGEL: GOOD EVENING LADIES AND GENTLEMAN
11 OF THE CITY COUNCIL. MY NAME IS ANN SPIEGEL, I' VE LIVED IN
12 THE CITY NEARLY 25 YEARS, I LIVE IN THE NORTHERN PART OF THE
13 CITY.
14 I AM HERE TONIGHT TO EXPRESS MY CONCERN OVER
15 1517, AND I MUST APOLOGIZE FOR NOT REALLY BEING THAT WELL
16 PREPARED. I WAS PREPARED, BUT BY THE TIME I GOT HERE AND
1
17 LISTENED TO ALL OF THE WONDERFUL SPEAKERS, MY NOTES LOOK
18 LIKE THIS. SO I' LL DO THE BEST I CAN WITH WHAT' S LEFT TO BE
19 SAID.
1
20 I AM NOT A GEOLOGIST, I HAVE TAKEN CLASSES IN
21 GEOLOGY. I AM NOT A PUBLIC ADMINISTRATOR, BUT I AM TAKING
22 PUBLIC ADMINISTRATION. AND HOPEFULLY I WILL GET THROUGH ONE
1
23 OF THESE YEARS AND GET A MASTERS.
124 AS FAR AS I AM CONCERNED 1517 HAS TO BE ONE
25 OF THE WORST IN THE COURSE AND THE MOST MEANINGFUL EXAMPLES
1
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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125
1 OF POLITICAL PATRONAGE, AND CHRONOSISM (SIC) THAT HAS COME
•
DOWN OUR PEER IN MANY A MOON. FORTUNATELY FOR HUNTINGTON
BEACH WE HAVE SOME VERY ALERT, VOCAL, AND PUBLIC CHARACTERS
4 THAT ARE CONTINUING TO BE PUZZLED BY THE PROMINENT ROLL OF
•
5 SENATOR BERGESON, WHO SEEMS TO BE WORKING HAND IN GLOVE WITH
6 THE REAL ESTATE DEVELOPER. THIS REAL ESTATE DEVELOPERS ONLY
7 REASON FOR BEING IS TO DEGRADE AND DEBATE THE ONLY TITLE
8 WETLAND LEFT IN THIS HIGHLY DEVELOPED URBAN SETTING IN
9 ORANGE COUNTY.
10 REMEMBER CITY COUNCIL, LOCAL LAND USE IS
11. ALWAYS THE PROVINCE OF THE LOCAL GOVERNMENT. NORMALLY I
12 WRITE TO HARRIET WEIDER, I WRITE TO SENATOR BERGESON, I
13 WRITE TO DAN LUNDGREN (SIC) . I HAVE_ RECEIVED A LOT OF
14 INFORMATION FROM THESE PEOPLE CONCERNING SB1517, AND THE
15 BOLSA CHICA WETLANDS. I DESIGNED MY LITTLE SPEECH WITH THE
16 INFORMATION THAT WAS GIVEN TO ME. HOWEVER, WE' LL PASS OVER
17 THAT, AND THE REASON I' M QUOTING IS-THAT THAT LAST QUOTE
18 CAME FROM MS. WEIDER. LOCAL LAND USE IS ALWAYS A PROBLEM TO
19 THE LOCAL GOVERNMENT. THAT MEANS YOU THE CITY COUNCIL. I
1
WROTE TO HER BECAUSE I WAS TOLD OF THE WETLANDS WERE IN
21 COUNTY TERRITORY. SHE REFERRED ME RIGHT BACK TO MY CITY
'22 COUNCIL. SHE SAID, ANY LOCAL LAND USE PLANNING PROJECT MUST
,71
BE HANDLED, AND IS UNDER THE CONTROL, AND THE AUTHORITY OF
='4 THE CITY OFFICIALS WHO ARE CLOSEST TO THE NEEDS OF THEIR
5 COMMUNITY. WELL I WOULD CERTAINLY HOPE SO.
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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IN MY RESEARCH FOR MY PUBLIC ADMINISTRATION
CLASS THAT I DID AT ONE TIME, I RAN ACROSS SOMETHING CALLED
FEUDALISM. I WROTE TO SENATOR BERGESON AND I COMPARED
SB1517 WITH SOME OF THE PRACTICES OF FEUDALISM. OF COURSE
i
SHE OBJECTED, AND -- BUT SHE DID ASSURE ME THAT SHE WOULD DO
WHAT WAS RIGHT, AND THAT SHE RECOGNIZED HER RESPONSIBILITY
AND ACCOUNTABILITY THROUGH THE ELECTORATE. AND SO HERE WE
i
3 ARE, YOU' RE THE CITY COUNCIL, AND YOU' VE BEEN CHOSEN TO ACT
AS THE VASSAL OF THE MOVERS AND SHAKERS WHOM YOU WILL ASSIST
:? IN CARRYING OUT THEIR VERY CAREFULLY PLANNED SCENARIO TO
i '•. ERASE THE BOLSA CHICA WETLANDS.
YOU NEED ONLY NEED BE AWARE OF ONE PARTICULAR
13 CHARACTERISTIC OF THIS BILL, QUOTE, - "IT WOULD VEST POWER IN
14 A GOVERNING BOARD. THE BOARD WOULD BE DOMINATED BY SIGNAL
1. 7 LAND DEVELOPMENT CORPORATION. " IN OTHER WORDS, THIS LAND
. Is DEVELOPER WOULD BE HANDED A LEGAL SHIELD ON A SILVER
7 PLATTER. THEY WOULD NOT BE ACCOUNTABLE TO THE LOCAL
6 COMMUNITY. THEY WOULD HAVE GOVERNING ECONOMY. IMAGINE
D THIS A LAW THAT WOULD CREATE A CORPORATE MONOPOLY WITHIN A
1
:> CONTIGUOUS LAND AREA OF A SOVEREIGN CITY, THAT' S US. AND
: :!. THAT ENTITY WOULD BECOME A SOVEREIGN IN AND OF ITSELF. I
QUOTE FROM JULIE' S REMARK, SHE SAID THAT THIS WOULD BE A
CITY WITHIN A CITY. NEED I DRAW ANY FURTHER PICTURE ON
,:'_4 THAT.
I WOULD LIKE TO JUST THROW OUT A LITTLE
DOROTHY N. BAER & ASSOCIATES (714) 645-(-i42(-
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127
TALENT TO 4 OF THE: COUNCIL PEOPLE WHOSE VOTING RECORDS HAVE
•
REACHED IN DAYS AND WEEKS, HAVE APPEARED TO ME BE PRO-GROWTH
GROWTH, GROWTH. WHILE THE S COLLEAGUES SEEM TO BE FOR THE
CITY' S INTEREST AND FOR THE RESIDENTS. I WOULD ASK YOU
•
COUNCILMAN ERSKIN, MAY, KELLY, AND THE ABSENCE OF MR.
BANNISTER. WILL YOU AS SENATOR BERGESON PROMISED ME, WILL
YOU DO THE RIGHT THING? WILL YOU VOTE_ AGAINST S91517, AND
•
WILL YOU DO SO UNANIMOUSLY WITH YOUR 3 COLLEAGUES? YOU MUST
KNOW THAT THE VOTERS OF HUNTINGTON BEACH HAVE PLACED THEIR
TRUST IN YOU TO TAKE _-:ARE OF OUR C I TY' S BUSINESS. WITH EACH
VOTE AND BUILDING PERMIT THAT YOU WILL INSURE AND PROTECT
12 OUR QUALITY OF LIFE. YOU ARE ENDOWED WITH A GREAT DEAL OF
i ? LOCAL GOVERNING POWER AND AUTHORITY --
4 MAYOR: ANN.
MS. SP I EGEL : -- IF YOU DON' T USE IT YOU' LL LOSE
G I T. THANK YOU VERY MUCH.
MAYOR: YCUI RE PROBABLY VERY ( INAUDIBLE) . I HAVE
is 'ONE QUESTION FOR YOU?
MS. SP I EGEL: YES, SIR.
MAYOR : DID YOU ASK -- IT SOUNDS LIKE YOU' VE HAD
_... A LOT OF COMMUNICATIONS WITH SOME OF THE HIGHER ELECTED
E OFFICIALS.
.._ AS. SPIiL7EL: YES, 1 DID. 1 HAVE.
14 MAYOR:: ":AID YCU ASK SENATOR B'E RGE`=,ON WHY SHE
DIDN' T WITHDRAW THE.
DOROTHY N. BAER R ASSOCIATES t 714) 645-c_�42�� - _-
•
128
ME. SPIEGEL: SHE 1NDITATED TN ONE OF HER
•
LETTER' S TO ME 7NA7, 1M FPC7 i ASKED SER THA7. 1 HAD
I SUGGESTED 7HIS -0 HER 1N MY LE77ER WHERE 1 ACCUSED SB1517 OF
USING FEUDALISTIC POWERS. AND HE :NDICA7ED 70 ME 7HAT
•
THERE WAS P LET THAT HAD TO BE DONE BEFORE SHE COULD EVEN
s CONSIDER ANYTHING !:KE 7HA7. SO, YOU KNOW TO ME, THAT
SOUNDS LIKE SHE :S 7HROWING :7 RIGHT SACK !NTC THE LAP OF
•
3 -HE WNT:NGTQN BEACM C17Y COUNCIL, ASICh IS AHERE I BELIEVE
:7 SE10NOS. YOU AAVE --HE TIVER AND 7VE AUT FOR ITY GENTLEMEN,
•
10 AND inD:ES, VLZASE �SE 741S.
MAYOR : ONE 07HER DUESTIDN. ARE YOU AWARE THAT
7HE COUNCIL DIDN' T ASK FOR THE B:L! TO BE :NTRODUCED. IT
1. WAS !NTIODUCED WITHOUT OUR KNOWLEDGE.
1-4 IS. SPIEGEL: NO, 1 DON' T KNOW ABOUT THAT.
zv. 74ANK YOU.MAYOR :
CAPPLAUSE)
CLERK . -RUDY AERD (SIC)q jOANNA HOOVER (SIC) ,
8 AND PICHARD PALLDWELL 1S10 .
ME. HERD; SELIC, MY nAME 1S 7RUDY PERD, AND I' M
_o A BIDICSIST AT CALIFORNIP S7A7E UNIVERSITY, FULLERTON. I ' m
ALEC 1N CHPRGE :F 7KE PUBL:2 7OURS AT BOLEA :HICA WETLANDS.
Q QCME W17H NO 5IF73, BUT : CAN !NV17E YOU TO OUR PUBLIC
GAT�TDAY 1F AARQK.
14 AS A DIOL:IIET : AM ZONCERNED qBOUT THE
I ENV7RCNMEN7P! !MPACT OF EEVA7E Bill !Si7. 33LER CHICA IS
----------------
149
01 NIA.
--a
To
7-
F
7- A I L D
PEOPLE
1 EARN
f -7
77
�DUNTY,
E2M' NG TO
L
7- -PE.N SF)PCE, PLACES
-,-.'-E -1D'URIST
,7
=ULD BE
r .
Ff-7 7
C T I ON.
URNS,
J. 7-
-NDIC-ATIONS
77 77
- D S As
R T OF
7.
T 0 A
DOROTHY N. BAER & ASSOCIATES (714) 645-(--)42(:)
130
A V E
:T1 -'7'q NE
'731 IC ACCESS TO
S 1 :'7- 1 OR UN TOUCHED
WETLANDS THAT WAS
71
EXPENSE.
TERATIONS TO THEM.
. ..... r.:7
IDOT SECTION TO BE
:7 ST POPULAR BEACH IN
•
!7 7
COAST HIGHWAY,
TRAFFIC AND NOISE.
l-,-y c.-y-
....... SPECIAL DISTRICT
SAND ERODED
.14 THE BEACH
SO MUCH TO LOSE. THIS
-:7 �n!:,—,NSI-BILI—Y TOWARDS WETLAND
7;
:,JAB At—ARMED TO READ A
THAT SIGNAL WAS GOING TO
7 -lE 7 ATTENDED YOUR CITY COUNCIL
DISCOVERED THAT SIGNAL WAS
DOILLARS, AND GUESS WHO' S GOING TO
S-1 GOVERNMENT, THAT' S
X P.q Y E-R -HAT' S PAYING THAT.
ERY STEP OF 'THE PLANNING
DOROTHY N. BAER & ASSOCIATES (714) 645—(--)420
3
131
� 7777797, =vc- M-TEMPTS -0 GET EVERYBODY ELSE TO PAY FOR
2 -v= 7 77:� ATT 77=17. PLEASE SHOW ME WHERE IN SENATE BILL
772 ~ �3:77EN EUARANTY THAT FEDERAL AND STATE
4 :NY5LVE�HNT -- 7HERE ZS NONE, -HERE IS NONE.
�
5 :N CLOSING, 1 THINK THAT SENATE BILL 1517 IS
G VERY 1qRGE STEP EF IOMPROMISE FOR THE CITY TO TAKE. I' VE
7 =F] TUMCRS 7HA7 EITY STAFF AND COUNCIL ARE UNCOMFORTABLE
3 =S T413 WILL, OND ALL ZT' S LAST MINUTE AMENDMENTS. I URGE
1 V2Z -1 DELPY KC LONGER. THE COMPROMISES YOU' LL BE REQUIRED
13 -3 YPKE WILL :NLY lNCREASE IN FUTURE MONTHS IF YOU DON' T
�
11 STOP T7 NOW. PLEASE VOTE TO STOP THIS UNNECESSARY BILL AND
12 SHOW 7HAT YOU ARE IN TOUCH WITH THE PUBLIC INTEREST. THANK
13 YOU.
�
14 (APPLAUSE)
15 7LERK: JOANNA HOOVER, RICHARD PALLOWELL, AND
is JAMES LERCH (SIC) .
�
1S. HOOVER: 300D EVENING. I' M A LIFE LONG
8 RESIDENT OF BARDEN GROVE. I FREQUENT THE AREA.
' 9 MAYOR: COULD YOU PLEASE STATE YOUR NAME FOR THE
�
20 RECORD?
R1 MS. HOOVER: JOANNA HOOVER. SORRY.
12- I HATE TO USE THE EXPRESSION, BUT I' M A
�
3 BIRDER. 1 LIKE TO GO 70 THE WETLANDS, I LIKE TO WATCH THE
14 WILULIFE, ENCOUNTER SOME ENDANGERED SPECIES.
�-5 !T' S BEEN STATED BEFORE ABOUT THE IMPORTANCE
�
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
�
3
�
132
� OF 7HE PACI71C FLY AWAY, AND ONE FIFTH OF OUR CONTINENT' S
�
2 BIRDS COME THROUGH THIS AREA. SINCE THE EARLY 19001S WHEN
] WE HAD OVER 3. 7 MILLION ACRES OF WETLANDS AVAILABLE. WE' RE
4 NOW UNDER 400 AND SOME THOUSAND ACRES. AND I DON' T THINK
�
5 THAT CREATING A WETLAND, AND DESTROYING ONE THAT EXISTS WILL
6 WORK. 1 DON' T KNOW WHAT WE WOULD TELL THESE WILDLIFE, YOU
7 KMOW, THE BIRDR, THE FISH. WHAT DO YOU TELL THEM TO DO WHEN
�
8 WE KICK THEM OUT AND SEND THEM TO THE RED CROSS AND MAKE
0 THEM WAIT FOR 7HEIR NEW LAND TO BE DEVELOPED, AND THEN -- I
10 DON' T KNOW, : DON' T SEE HOW IT WOULD WORK.
�
1 � I HOPE THAT YOU WOULD MAKE THE DECISION NOT
12 TO SUPPORT 7HIS PROJECT FOR PRIVATE USE OF WHAT SHOULD BE
13 PUBLIC LAND. 1 HOPE THAT THIS WILL NOT GO ANY FURTHER.
�
14 THANK YOU.
!� (APPLAUSE)
. 6 MR. PALL2WELL : MR. MAYOR, AND COUNCIL MEMBERS,
� .
17 T' n LIKE TO THANK YOU FOR THE OPPORTUNITY TO SPEAK TO YOU
8 TONIGHT AND VOICE MY OPINION. MY NAME IS RICHARD PALLOWELL.
9 AND I CAME HERE TONIGHT TO LISTEN TO THE
N
10 PUBLIC DISCUSSION CONCERNING SENATE BILL 1517, AND AFTER
11 HEARING AND UNDERSTANDING I" VE COME TO THE OPINIONS THAT
22 SENATE BILL 1517 iS NOT A VIABLE BILL, BUT IS MORE OF A
�
�3 :OLATI!-T 9ILL. YOLATTLE lN IT' S CONTINUING AMENDMENTS THAT
24 ARE BEIM9 PDOED, AND VOLATILE TO THE CITY OF HUNTINGTON
?5 REACH PND TT' T RELINQUISHMENT 07 CONTROL OVER THE BOLSA
�
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
�
133
CYTOP PREP.
SC AS 0 TISIDENT AND REGISTERED YOTER OF THE
Cl-- ON wUNTINS7CN SEP7w, 1 PSK 7HAT YOU NOT SUPPORT SENATE
BILL 1117. THANK V=
!APPLAUSE,-
CLERK : :EPN PUSH 01C) , !AN WESNICK (SICX) , AND
7 QPVE SCHULT2 ?SIC) . 'TPUS&
MAYOR; All. 7HE NEXT SPEAKER TOME FORWARD
OLEPSE'
C=Kg :Am WEEN:Ex.
1J, MR. WESNI:X ; 1 WAS A REALTOR -- l ' M SORRY. jAN
12 NESNICK, -ND TVANK -OU FOP IS OPPORTUNITY.
1 WAS A AEAITOR AND I. SHARED A LOT OF REALTOR
14 TENT IMENTS. AF-ER ST-71% HERE TONIGHT AND LISTENING TO
15 7WIS, YOU' D HAVE 70 DE :RAZY1 YOU' D HAVE TO BE OUT IF YOUR
. s QTNT TO 60 Wl"H ANYTY7NT PU7 jUS T P THUMBS DOWN.
17 :APPLAUSE)
: .3 MR. WESNIDA , 1 CAN' T SEE WHY YOU EVEN WANT
Wuv YOU WOULD EVEN WAK7 71 TURSUE 7HIS.
20 MAYOR: 7 -OINK TONE OF THIS MAY FIT 7HE CRITERIA
11 CRAZY. PNY HOW
22, MR. WESNIZZ , 2CMEBODY MENTIONED 11 THOUSAND
0 fDPlT:0NPL nPRS, nNE PH= TN q RES:DENT OF HUNTINeTON BEACH
Q4 CDP 11 v7PRE, 7 !:KE 7D TO 70 7HE PEACH. QND
is nP--ELY, WHAT' 2 -"F V= !L 2E =XV 70 aE7 A PARKING
-----------------
PLACE. SO IF= THIS TAKES PLACE, I CAN' T EVEN GET 01U-i OF i{.,Y
TRACT. IF YOU TAKE 11 THOUSAND CARS AND YOU PUT THEM ON ' 'HE
ROAD AT THE SAME TIME, AND THEY REQUIRE, SAY s�i FEET, YOU' RE
TALKING ABOUT .300 THOUSAND FEET OF CARS. i MEAN THAT' S --
IF YOU DIVIDE THOUSAND FEET INTO THAT YOU' RE LOOKING AT
o ABOUT 60 MILES OF CARS.
YOU KNOW, PETER' S LANDING WAS MENTIONED ABOUT
WHAT AN ECONOMIC ASSET THAT' S GOING 1"0 BE, AND I MOVED OUT
HERE ABOUT THE TIME WHEN THAT WAS JUST BEING COMPLETED, OR
'? WAS WORKED ON. SINCE I ' VI_ GONE TO PETER' S LANDING SINCE IT
OPENED, HOW MANY PLACES IN THERE HAVE STAYED OPEN. IT' S
CLOSED, YOU KNOW, IT' S AN ECONOMIC FAILURE Ilu MY EYES, AND
1. WHY OPEN UP ANOTHER ONE, YOU KNOW? IT' S NOT GOING TO PUT
M
i.4 ANY MONEY ANY WHERE IF NOBODY CAN SUCCEED IN BUSINESS. AND
WITH ALL THE HOMES THAT THEY' RE PLANNING ON PUTTING I N, AND
..6 ALL THE TRAFFIC, AND ALL THE CARS, AND WITH ALL THE ISSUES
,— THAT HAVE BEEN ADDRESSED HERE -- YOU' RE CRAZY.
-5 (LAUGHTER)
MR. WESNICK: SO, TO PREP T Y MUCH SUM THINGS UP,
r
CAN' T SEE ANYBODY EVER VOTING FOR ANY OF YOU IN ANYTHING, IN
ANY CAPACITY IF YOU SIGN YOUR NAME TO THIS "fHIPIG. IN FACT,
YOU KNOW, HOW THE NAME MUD EQUAL"ES TO PRETTY MIUCH A THUMBS
r
DOWN JUST BECAUSE OF ONE DOCTOR' S ERROR N g7STORY. r0U
:4 GUYS, YOU KNOW, YOU' LL TAKE THE CAKE. AND AS FARAS
SENATE' S BILL 1517 IS CONCERNED, IT' S '; BILL, AND THERE-3 2'4
DOROTHY N. BAER & ASSOCIATES (714) 645-042C
�
135
i LOT OF WAYS, YOU KNOW, TO VIEW A BILL, YOU CAN TAKE IT IN
2 DIFFERENT CONTEXT. AND THIS IS A BILL THAT JWST KEEPS
i ADDING ZERO. IT' S GOING TO COST FOREVER, EVERYBODY SAID
� THAT. SO --
COUNCIL MEMBER : NAME' S MUD.
6 MR. WESNICK: -- YEAH, PACK IT UP, GO HOME, AND
r JUST DOWN THE BILL.
�
8 (APPLAUSE)
PARTICIPANT: MR. MAYOR, WITH YOUR PERMISSION IF
I CAN APPROACH AND POSE A PROCEDURAL QUESTION.
MAYOR: SURE.
12 PARTICIPANT: IT APPEARS TO BE THAT THE
13 PREFERENCES OF COUNCIL TO POSTPONE A DECISION THIS EVENING.
L4 MANY PEOPLE HAVE ALREADY PRESENTED THEIR OPINIONS, MANY MORE
is ARE STILL READY TO SPEAK. WILL PEOPLE WHO HAVE ALREADY
is SPOKEN THIS EVENING HAVE THE OPPORTUNITY TO SPEAK AGAIN IF
�
17 THIS ISSUE IS CONTINUED TO A SUBSEQUENT DATE?
�8 MAYOR: THE ANSWER IS YES.
� 9 PARTICIPANT : THANK YOU VERY MUCH, MR. MAYOR.
�
�0 CLERK : THE NEXT SPEAKER IS DAVE SCHULTZ, THEN
p1 DAVID MOLLER (SIC) , AND MARY LUCKOWITZ (SIC) '
�2 MR. SCHULTZ : GOOD EVENING COUNCIL, MY NAME IS
3 DAVE SCHULTZ. I FIRST MOVED TO HUNTINGTON BEACH IN 19561
BEEN HERE AWHILE, SEEN THE CHANGE.
`5 LET' S GET INTO THE BILL ITSELF. SECTION
�
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_______________
DOROTHY N. BAER & ASSOCIATES (714> G45-0420
�
i 18. 5 MESA AREA MEANS THAT AREA OF LAND WITHIN THE DISTRICT,
WHICH IS AT OR ABOVE THE 5 FOOT LEVEL, THE :: EA EVEL,
CONTOUR LINE, BLAH, BLAH, BLAH. OKAY. NOW YOU {SET OVER
HERE TO FUNDING, AND IT SAYS THAT EACH HOiYIE 01\I THE MESA AREA
SHALL ENTER A PURCHASE PRICE, DONATE 18 HUNDRED BUCKS TO THE
WETLANDS RESTORATION. BUT THE -- IF YOU GO OVER HERE, WHERE
IS IT LET' S SEE, GOT THESE THINGS TORN UP, 'TRYING TO
ORGANIZE IT. IT SAYS THAT IN THE VOTING THAT EACH RESIDENT
= OR LAND OWNER SHALL HAVE ONE VOTE PER ASSESSED VALUATION OF
LAND OWNED BY THE LAND OWNER. THE MORE MONEY YOU HAVE
r
_ .. INVESTED IN YOUR LAND, THE MORE VOTES YOU GET. POLITICIANS
HAVE BEEN SELLING THEIR VOTES FOR SO LONG, IT' S OKAY IN
THEIR EYES FOR THE PUBLIC TO DO IT NOW.
r
+ OKAY, NOW THE PEOPLE THAT ARE GOING TO BE
RESPONSIBLE FOR WETLAND RESTORATION ARE THE HOMES ON THE
G MESA. BUT THE ONES WITH THE MOST VOTING POWER ARE GOING TO
r
BE THE ONES ON THE HARBOR, WATERF-PONT HOMES, NOT THE HOMES
ON THE MESA. SO THE PEOPLE THAT GET THE MOST VOTES 1-iAVE THE
LEAST FISCAL RESPONSIBILITY HERE.
OKAY, ANOTHER POINT IN HERE IS, LET' S SEE.
THE ADOPTION OF A RESOLUTION CHANGING THE METHOD OF VOTING
SHALL IN NO WAY INVALIDATE ANY PRIOR ACT OF THE DISTRICT,
IT' S COMMISSIONER' S OFFICE, OR THE POLICE. THAT MEANS
=� WHILE SIGNAL LANDMARK HOLDS SWAY ON THAT COMMISSION, NOTHING
=.: THEY DO CAN EVER BE CHANGED.
DOROTHY N. BAER R• ASSOCIATES (714) 645-042��
J7
OKAY, ANOTHER ONE. SF-CT ION 3��3, THE D I STR I CT
MAY EXERCISE THE POWER OF EMINENT DOMAIN. YEAH, LE . " S GIVE
THAT TO THEM TOO.
OKAY, THERE SHALL BE A MINIMUM OF 915 ACRES
OF HIGH DUALITY, FULLY FUNCTIONAL WETLANDS. OKAY, LETS'
r TALK ABOUT THE WETLANDS, THAT BIG BLUE SWATCH YOU SEE UP
THERE LOOKS PRETTY IMPRESSIVE WHEN THEY TALK: ABOUT RESTORING
3 WETLANDS. BUT THAT BIG BLUE SWATCH RIGHT THERE IS NOW
? PRODUCING OIL. I DON' T KNOW HOW MANY WELLS, HUNDREDS OF
WELLS POSSIBLY THERE. AND TO DECOMMISSION THESE WELLS YOU
]. i. PULL OUT THE PUMPING EQUIPMENT, DYNAMITE THE CASING, AND YOU
IC FILL IT FULL OF CONCRETE. NOW THIS WOULD BE FINE ON AN AREA
THAT WAS GOING TO REMAIN DRY GROUND. BUT THIS AREA IS GOING
4 TO INUNDATED WITH SEA WATER. SEA WATER IS A VERY CORROSIVE
I'D INSTRUMENT. WHEN YOU DYNAMITE THOSE CASINGS, THOSE_ STEEL
G WELL CASINGS YOU EXPOSE THEM TO GREAT AMOUNTS OF HEAT, YOU
1.7 SHATTER THEM, AND YOU FILL IT FULL OF CONCRETE, AND THEN THE
e SEA WATER COMES IN AND STARTS CORRODING IT. ALL THOSE WELLS
a IN THERE WILL EVENTUALLY BEGIN TO SEEP TOXIC CHEMICALS INTO
THAT AREA AND KILL ALL OF THE WETLAND. IT' S NOT GOING TO
.7 1 WORK.
;_C IN CLOSING I' D LIKE TO POINT OUT THE VERY
1
LAST SECTION 900, NO REIMBURSEMENTS REQUIRED ON SECTION 6,
-' ARTICLE BLAH, BLAH, BLAH, CALIFORNIA CONSTITUTION BECAUSE
THE AXIS POINTS WITH A PREFERABLE LOCAL AGENCY OR SCHOOL
DOROTHY N. BAER & ASSOCIATES (714) 645—(--)42s
1
_
�
138
z DISTRICT' GIVE THEM A LITTLE INNOCENCE THERE' WITH THE
�
2 DESIRE TO LIST WITH THE AUTHORITY TO CARRY OUT THIS PROGRAM
3 SPECIFIED IN THIS ACT BECAUSE THE OTHER COST WHICH MAY BE
� INCURRED BY A LOCAL AGENCY OR SCHOOL DISTRICT WILL BE
�
� INCURRED BECAUSE THIS ADD CREATES A NEW CRIME, OR
6 INFRACTION, CHANGES THE DEFINITION OF A CRIME OR INFRACTION,
'.- CHANGES THE PENALTY FOR A CRIME OR INFRACTION, OR ELIMINATES
�
� A CRIME OR INFRACTION. THAT MEANS THAT THERE IS ALREADY
� LEGISLATING -- LEGISLATION DIRECTED AT THIS, AND WE HAVE
1`) EITHER PASSED LAWS AGAINST IT, OR SIMPLY SPOKEN THAT THE
�
1� CITIZENS OF THE STATE DO NOT WANT THIS TO HAPPEN. IT' S NOT
12 RIGHT.
MAYOR : THANK YOU.
1� MR. SCHULTZ : THANK YOU.
1� (APPLAUSE)
�6 MAYOR: WOULD YOU NAME THE NEXT 3 PLEASE?
1 � CLERK : YES. DAVID MOLLAR (SIC) , MARY LUCHOLLIT
8 (SIC) , AND MICHAEL MONTELLONI (SIC) .
13 MAYOR: ARE THE ONES TO APPEAR STILL HERE.
�
Z0 MR. MOLLAR: MY NAME IS DAVID MOLLAR. I ' VE BEEN
SURFING --
MAYOR: EXCUSE ME BEFORE YOU GO ON. WE KNEW THAT
�
�] THERE IS SPEAKERS IN THE BACK, SO, THEY DO KNOW WHAT' S GOING
�'4 ON.
�5 MR. MOLLAR: OKAY. NO, I MEANT IT SEEMED LIKE
� -
3
139
� THERE WERE MORE VACANT CHAIRS ALL OF A SUDDEN'
2 I' VE BEEN SURFING REGULARLY AT BOLSA CHICA
3 FOR 24 YEARS. THOUGH I' M CHAIRMAN OF THE BOARD OF THE SURF
� RIDER FOUNDATION, I' M SPEAKING AS A HOME OWNER, FAMILY MAN,
�
� AND RESIDENT OF HUNTINGTON BEACH.
6 I OPPOSE THE BOLSA CHICA HARBOR BECAUSE IT
r BENEFITS ONLY THE DEVELOPERS, WEALTHY BOAT OWNERS, AND WATER
�
8 FRONT HOME OWNERS. THE LOSERS WILL BE THE BEACH LOVING
� PUBLIC, THE WILD LIFE, THE SURFERS, AND THE STATE OF
CALIFORNIA.
�
11 AS A SURFER I OPPOSE THIS BOLSA HARBOR FOR 2
�2 REASONS. FIRST, IT WOULD ELIMINATE A MINIMUM OF 3 THOUSAND
�3 FEET OF RIDABLE SURF, AND WAVE SHADOWING BY THE BREAK WATER
14 WOULD ELIMINATE AN ADDITIONAL QUARTER MILE OF SURF TO THE
NORTH DURING THE SUMMER SOUTH SWELLS' THIS WOULD INCLUDE
THE POPULAR AND VERY CONSISTENT BREAK IN FRONT OF LIFE GUARD
�
�r TOWER NUMBER 33. -
i3 THE SECOND REASON IS THAT BOLSA CHICA
| � REPRESENTS THE LARGEST AREA IN ORANGE COUNTY THAT IS NOT
�
�0 REGULARLY BLACK BALLED, THE HARD BOARD SURFING DURING THE
SUMMER MONTHS.
�2 AS FAR AS THE ISSUE OF THE HARBOR DISTRICT
�
'3 BILL, SUCH A BILL IS PREMATURE AND CIRCUMVENTS THE
' 4 DEMOCRATIC PROCESS. IT PUTS THE CART BEFORE THE HORSE SO-
TO-SPEAK. HOW CAN YOU POSSIBLY CONSIDER A HARBOR DISTRICT
�
DOROTHY N.N. BAER & ASSOCIATES (714) 645-0420
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3
140
� BILL BEFORE YOU'VE STUDIED HOW SUCH A HARBOR WOULD IMPACT
2 THE RECREATIONAL USE OF THE AREA. THIS IS A REQUIREMENT
3 STATED lNA BOLSA CHICA LAND USE PLAN UNDER POLICIES 23-B
4 THROUGH 26.
5 THE DEVELOPERS SAY THAT THIS STRETCH OF BEACH
G IS BETTER USED BY BOATING ENTHUSIASTS, AND THAT THE PUBLIC
7 WOULD RATHER HAVE A BEACH WITH NO WAVES. ALL YOU HAVE TO DO
-3 IS COMPARE THE ATTENDANCE OF BOLSA CHICA WITH THAT OF A
� SIMILAR LENGTH OF BEACH AT LONG BEACH, AND YOU' LL SEE THAT
1� PEOPLE LIKE TO GO TO A BEACH WITH WAVES' THOSE IN THE LOW
1 � TO MIDDLE INCOME BRACKETS DON' T GO TO THE BEACH TO WATCH �HE
12 WEALTHY CRUISE BY IN THEIR SAIL BOATS AND YACHTS.
�3 AND ANY TALK OF MITIGATION FOR RECREATION IS
�
�4 A JOKE. THE ONLY REAL MITIGATION IN THIS CASE IS NO HARBOR
15 ENTRANCE AT BOLSA CHICA. THE ONLY FAIR ALTERNATIVE MIGHT
�G ENTAIL SOMETHING ON THE ORDER OF RESTORING OR CREATING A
�
7 SIMILAR BEACH IN THE IMMEDIATE VICINITY. HOW ABOUT REMOVING
8 A MILE OF THE LONG BEACH BREAK WATER TO ALLOW THE WAVES TO
� REACH LONG BEACH AGAIN. THAT SOUNDS PRETTY ABSURD, DOESN' T
�
20 IT? WELL, IT' S NO MORE ABSURD THAN ALLOWING A DEVELOPER �O
STEAL A MILE OF SURFABLE BEACH FROM THE RESIDENTS IN
22 CALIFORNIA. THANK YOU.
�
�3 (APPLAUSE)
�4 CLERK: MARY LUCHOLLIT, MICHAEL MONTELLONI, AND
DONNA KLEIN (SIC) .
DOROTHY N.N. BAER & ASSOCIATES (714) 645-0420
�
141
_ MS. LUCHOLLIT: GOOD EVENING COUNCIL. MY NAME
IS MARY LUCKELLE, I THINK I' M NEARLY ( INAUDIBLE) AT THIS
TIME OF NIGHT. I' D LIKE TO COME BACK IN MARCH AND USE WHAT
�+ IS COMING TO ME.
MAYOR : THANK YOU.
CLERK: MICHAEL MONTELLONI.
MR. MONTELLONI : HELLO, MY NAME IS MICHAEL
MONTELLONI. I DIDN' T COME HERE WITH ANY FIND OF PREPARED
STATEMENT BECAUSE I KNEW YOU GUYS ALREADY HAVE ALL THE FACTS
� . AND FIGURES YOU NEEDED TO HEAR.
_ . I CAME HERE NOT AS A RESIDENT OF HUNTINGTON
BEACH OR AS A RESIDENT OF ORANGE COUNTY. I' M, IN FACT, A
i:::• RESIDENT OF LOS ANGELES COUNTY AND SAN GABRIEL VALLEY. AND
.'+ I JUST HOPE THAT I JUST WANTED TO EXPRESS MY FEELINGS THAT I
i. HOPE YOU OPPOSE SENATE_ BILL 1517, ALONG WITH THE OTHER
,. MEMBERS OF THE SURF RIDER FOUNDATION, AND THE RESIDENTS OF
THE FOUNTAIN VALLEY, BOLSA CHICA STATE PARK BEACH. THANK
,-.3 YOU.
l -) (APPLAUSE)
:. CLERK : DONNA KLEIN, RUSTON LANE (SIC) , AND J'OHN
KLEIN (SIC) .
MS. KLEIN: GOOD EVENING. IT' S GETTING LATE,
AND WE' RE ALL TIRED. MY NAME IS DONNA KELIN AND I LIVE IN
,::4 HUNTINGTON HARBOR, AND I OPPOSE 1517 ADAMANTLY. i WOULD
APPRECIATE THE OPPORTUNITY 1-0 COME BACK IN MARCH '70 SPEAK
DOROTHY N. BAER R ASSOCIATES (714) 645-C-)42
•
_42
WITH YOU THEN WHEN WE' RE ALL A LITTLE MORE FRESH. THANK
•
YOU.
MAYOR : THANK YOU.
CLERK : RUSTON LANE, JOHN KLEIN, AND KATHLEEN
BOBDONOVICH (SIC) .
MR. LANE: IN THE INTEREST OF TIME I' D LIKE TO
COME BACK ON MARCH 7TH, BUT I' D LIKE ALL OF YOU TO (KNOW THAT
•
I OPPOSE SENATE BILL 1517, BECAUSE I THINK THAT BOLSA CHICA
SHOULD STAY THE WAY IT IS.
MAYOR : COULD YOU STATE YOUR NAME FOR THE TAPE.
111. MR. LANE: MY NAME IS RUSTON LANE, AND I LIVE
1.= HERE IN HUNTINGTON BEACH.
CLERIC : JOHN KLEIN, KATHLEEN BOBDONOVICH, AND
r
14 CHARLES DAVIS (SIC) .
i::S MS. BOBDONOVICH: I' M COREEN BOBDONOC I CH, AND I
LIVE IN HUNTINGTON BEACH, AND I HAVE FOR 18-1/2 YEARS.
r
I JUST WANTED TO SAY THAT AN AWFUL LOT OF
Is PEOPLE IN HUNTINGTON BEACH ARE EXTREMEL-Y CONCERNED ABOUT
? THIS LARGE NUMBER OF RESIDENTS COMING IN, AND ESPECIALLY
r
-: WITH THE TRAFFIC CONGESTION, THE SAND EROSION, AND THE LOSS
1 OF THE BIKE PATH. IN MY OPINION THE VIEW FROM THE BIKE PATH
C IS ONE OF THE PRETTIEST IN 'THE WHOLE WORLD. AND i JUST HOPE
r
,= IT' S ALWAYS THERE SO WE CAN ENJOY IT. THANK YOU.
`_4 (APPLAUSE)
_. CLERK : CHARLES DAVIS, MATT MCMASON CSIC) , AND
DOROTHY N. BAE R 4 ASSOCIATES (714) 645-042i
3
143
� DAVID MCKOO (SIC) .
2 MR. DAVIS: CHARLES DAVIS, A RESIDENT, YOTER,
� LAND OWNER, AND BUSINESSMAN, HUNTINGTON BEACH.
4 I' LL MAKE IT VERY SHORT AND SWEET. I HAVE
5 APPEARED BEFORE YOU BEFORE SO YOU KNOW MY SENTIMENTS AND
6 OPPOSITION TO SENATE BILL 1517.
� I HAVE A SOLUTION FOR THE COUNCIL. FOR THOSE
� OF YOU WHO MAY FEEL PUT UPON TO MAKE A DECISION SINCE
9 WHATEVER DECISION YOU MAKE WILL EFFECT ALL OF US HERE, OUR
1`) CHILDREN, GRANDCHILDREN, ETC. , I REQUEST A PUBLIC VOTE ON
�
1 � SENATE BILL 15171S APPROVAL BY THE CITIZENS OF THE CITY OF
12 HUNTINGTON BEACH.
13 AND SECONDLY, AM I ON TAPE?
�
z4 CLERK: YES, YOU ARE.
15 MR. DAVIS: THANK YOU. I WANT TO BE VERY CAREFUL
�6 HOW I SAY THIS BECAUSE I AM ASKING THAT THE COUNCIL ASK THE
�
�7 CITY ATTORNEY, OR THE CITY OF HUNTINGTON BEACH, FOR AN
, 8 OPINION FROM THE ATTORNEY GENERAL' S OFFICE, OF THE STATE OF
9 CALIFORNIA AS TO POSSIBLE CONFLICT OF INTEREST FROM MAYOR
�
�0 JOHN ERSKIN, SITTING AS MAYOR AND VOTING ON THESE MATTERS
�1 WHEN HE ENJOYS THE POSITION HE DOES FOR THE ORANGE COUNTY
�2 BUILDER' S ASSOCIATION. THANK YOU VERY MUCH.
�
�3 (APPLAUSE)
�4 MAYOR: MR. KLEIN, MR. KLEIN. IS IT KLEIN?
�5 MR. CHARLES: NO, CHARLES DAVIS.
�
144
MAYOR: MR. DAVIS. JUST SO WE HAVE 1-1 ON THE
•
RECORD, AND WE DON' T LET IT SIMMER FOR ANOTHER FEW WEEKS.
'THE CITY DID GET SUCH AN OPINION APPROXIMATELY YEARS AGO
1 WHEN I FIRST SAT ON THE PLANNING COMMISSION, AND I HAD THE
SAME EMPLOYMENT. SO WE DO HAVE SUCH AN OPINION, BE GLAD TO
FURNISH IT TO YOU AT SOME POINT IN THE FUTURE. I WOULD
LIKE TO SEE IT, THANK YOU.
•
MR. DAVIS : THANK. YOU, I ' LL COME BACK 0 •HE CITY
WITH A FEW QUESTIONS.
CLERK: THE NEXT SPEAKER IS MATT MASON, DAVID
•
MCOUE (SIC) , AND MARY ROSICK (SIC) .
MR. MASON: GOOD EVENING, MY NAME IS MATT MASON,
I' VE BEEN A RESIDENT OF HUNTINGTON BEACH FOR MOST O1= MY LIFE
•
4 FOR OVER '25 YEARS.
I' D LIKE TO SAVE MY COMMENTS FOR MARCH WHEN
YOU ARE ALL MORE FRESH.
•
MAYOR: THANK YOU. -
9 CLERK : DAVID MCDUE, MARY ROSICK, AND TOM
BLYSENGOOD (SIC) . (PAUSE) UNLESS THE OTHER SPEAKERS ARE
•
NOT AROUND.
MS. ROSICK: MY NAME IS MARY ROSICK. OUR CITY
COUNCIL HAS BECOME AN ACTIVE PARTICIPANT IN THE EVALUATION
•
OF SENATE BILL 1517, AND IT' S AMENDMENTS. �_INLESS THIS BILL
-4 AUTHORED BY SIGNAL LANDMARK DEVELOPERS BE HUSTLED THROUGH
THE CALIFORNIA LEGISLATURE AND SIGNED INTO LAW WITHOUT ANY
DOROTHY N. BAER R ASSOCIATES (714) 645-042o
•
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145
� INPUT FROM THE CITY OF HUNTINGTON BEACH.
2 YOU AS COUNCIL MEMBERS �1AVE DONE AN ADMIRAL
J JOB IN WADING THROUGH THIS DENSE BILL, AND THEN PIN POINTING
+ THE SHORT FALLS OF THIS BILL. COUNCILMAN BANNISTER WITH HIS
�
5 CONCERNS FOR LACK OF EVEN MINIMAL TRAFFIC IMPACT STUDIES.
6 COUNCILMAN KELLY WHO NOTICED THE LACK OF SUFFICIENT FUNDING
7 TO MAINTAIN THE WETLANDS, AND COUNCIL PERSONS GREEN,
�
8 FINDLEY, AND WINCHELL, WHO HAVE BEEN INSTRUMENTAL IN
? INSISTING UPON CLEARER WORDING TO PROTECT -- BETTER PROTECT
OUR CITY AND OUR WETLANDS.
�
1 � HOWEVER, DESPITE ALL YOUR EFFORTS SENATE BILL
�2 1517 WHEN VIEWED IN IT' S ENTIRETY IS STILL A BAD PIECE OF
�3 LEGISLATION. IT IS STILL PREMATURE. IS IT NOT SOMEWHAT
�
14 RIDICULOUS TO BE DEVISING LEGISLATION TO CREATE A MARINA
15 WHEN THE U. S. CORP OF ENGINEERS HAVEN' T EVEN COMPLETED IT' S
'6 MODELING STUDY FROM A TYPE OF OCEAN ENTRANCE FEASIBLE FOR
�
THE BOLSA CHICA? SHOULDN' T WE HAVE SOME SOLID TRAFFIC DATA
' B BEFORE CREATING A MINI CITY ON BUSY PACIFIC COAST HIGHWAY?
9 SHOULDN' T THE DEPARTMENT OF FISH AND GAME HAVE A CHANCE TO
�
�0 PRODUCE SOME FIGURE RANGES ON HOW MUCH THEY THINK IT WILL
�1 COST TO RESTORE AND MAINTAIN THE WETLANDS? SO THAT THESE
22 FIGURES CAN BE USED TO SECURE A SOLID FUNDING COMMITMENT
FROM SIGNAL LANDMARK IN EXCHANGE FOR BEING ALLOWED TO
::'-'4 DEVELOP THE BOLSA CHICA.
MEMBERS OF THE CITY COUNCIL MAY BE THINKING
�
DOROTHY N.N. 8AER & ASSOCIATES (714) 645-0420
�
Z
146
� THAT BY VOTING FOR THIS PIECE OF LEGISLATION, IN OTHER WORDS
2 IN EXCHANGE FOR THEIR SUPPORT, THEY WILL BE IN POSITION TO
7 INFLUENCE DECISIONS ON SENATE BILL 1517 OR THE PROPOSED
ZL BOLSA BAY HARBOR AND CONSERVATION DISTRICT. BUT MAKE NO
5 MISTAKE ABOUT IT, BY VOTING FOR SENATE BILL 1517 THAT IS
6 EXACTLY WHAT YOU WOULD GIVE UP. THE RIGHT TO DECIDE HOW
7 DEVELOPMENT WILL PROCEED IN THE BOLSA CHICA.
8 WOULD THE CITY COUNCIL OF HUNTINGTON BEACH
� LOSE ANYTHING BY REJECTING SENATE BILL 1517? I THINK NOT.
I QUOTE FROM THIS MORNING' S ORANGE COUNTY EDITION OF : HE LOS
�
1 � ANGELES TIMES. QUOTE, "SENATOR MARIAN BERGESON HAS SAID
12 THAT THE CITY' S STAND ON THE BILL WILL BE GIVEN TOP
1� PRIORITY. " UNQUOTE. SHOULD SHE CONTINUE TO PRESS FOR
�
14 PASSAGE OF SENATE BILL 1517 GIVEN AN UNFAVORABLE VOTE BY THE
1� HUNTINGTON BEACH CITY COUNCIL. THEN IT WOULD BE BEST TO
�6 KNOW NOW THAT THE INTERESTS OF SIGNAL LANDMARK RANK HIGHER
�
WITH HER THAN THE INTEREST OF THE-CITY OF HUNTINGTON BEACH.
-8 OR SHOULD THIS BILL PASS A LEGISLATURE
�9 DESPITE YOUR DISAPPROVAL, YOU HAVE ALREADY DONE EVERYTHING
�
�0 YOU CAN TO TRY AND IMPROVE THE BILL.
IN DECIDING HOW YOU WILL VOTE ON SENATE BILL
22 1517, I ASK THAT YOU KEEP IN MIND THAT THIS BILL RISKS
�
�3 FUTURE CONTROL OF THE BOLSA CHICA, NOT ONLY FROM YOU, THE
4 CITY COUNCIL, BUT FROM US, THE CITIZENS OF HUNTINGTON BEACH.
�5 THANK YOU.
�
DOROTHY N. BQER & ASSOCIATES (714) 645-0420
�
_47
(APPLAUSE)
CLERK : TOM BLYSEN000D, DR. LOUANN MURRAY (SIC) ,
AND STEVE THOMAS (SIC) .
4 MAYOR : THESE WILL BE OUR LAST 3 SPEAKERS.
MR. BLYSENGOOD: I THINK. I' LL SPARE YOU THIS
EVENING, AND I WILL COME BACK MARCH THE 7TH. I WOULD L I L:.E
TO DISTRIBUTE SOME FIGURES TF-AT SHOWS THE TAX PAYERS WILL BE
FOOTING THE BILL FOR ABOUT 142 MILLION DOLLARS ON THIS
PROJECT, AND ILL DISCUSS THAT AT GREAT LENGTH ON MARCH.
THANK YOU.
:I. MAYOR : THANK. YOU, TOM.
COUNCIL MEMBER: THANKS, THOMAS.
CLERK. : DR. LOUANN MURRAY.
14 DR. MURRAY: HI , MY NAME IS LOUANN MURRAY, I LIVE
IN HUNTINGTON BEACH AT BOLSA CHICA AND HEIL, VERY CLOSE TO
:.5 THIS PROJECT. I HAVE A BACHELORS DEGREE IN ENVIRONMENTAL
! ' BIOLOGY, AND A PH. D IN BIOLOGY ON-A MARINE WETLAND ORGANISM.
:.B SO I THINK I KNOW A LITTLE BIT ABOUT WETLANDS.
i. ) AND MAYOR ERSKIN WITH YOUR PERMISSION I' D
LIKE TO APPROACH THE LAND USE MAP.
MAYOR: SURE. TAKE THAT MIKE, THAT PORTABLE i=,NE
r WOULD YOU PLEASE. YEAH, THAT WOULD DO IT, AND THEN YOU CAN
USE THAT WHILE YOU' RE UP THERE.
+ DR. MURRAY: WILL THIS WORK, UP THERE?
1 COUNCIL MEMBER: YEAH, WELL HEY IT' S SURE
i
DOROTHY N. BAER & ASSOCIATES (714) 645-042C
_ A
WORKING.
DR. MURRAY: CAN YOU HEAR ME l
MAYOR: YES.
DR. MURRAY: OKAY. I' D LIKE TO TALI'. ABOUT THE
_ DIFFERENCE BETWEEN A MARINA AND A WETLANDS. WHAT YOU SEE
HERE IS A MARINA GOING THROUGH HERE. BUT A MARINA IS NOT
i
7 REALLY A WETLAND. SIGNAL HAS INCLUDED THIS AREA IN THEIR.
3 ACREAGE. BUT THE DIFFERENCE BETWEEN A MARINA AND A WETLAND
IS LIKE THE DIFFERENCE BETWEEN A PARKING LOT AND A
:? RESTAURANT. THE WETLANDS HAS MUD FLATS, AND THOSE WETLAND
1s. MUD FLATS ARE WHAT PROVIDE THE MARINA AND VERTEBRATES THAT
FEED THE BIRDS AND THE FISHES OF THE OCEAN. SO IN THE
i
1 MARINA YOU DON' T HAVE THE MUD FLAT, YOU DON' T HAVE THE OCEAN
A
14 GOING OVER THE MUD FLAT, YOU DON' T SEE THE SHORE BIRDS, YOU
i.`; DON' T HAVE THE BIOLOGICAL DIVERSITY THAT YOU DO IN A
:� WETLAND. SO I THINK THAT IT' S WRONG TO INCLUDE THIS ACREAGE
;.? IN THE WETLANDS, BUT THEY ARE SAYING THAT THEY' RE GOING TO
8 GIVE TO US.
..'? ALSO THE AREA UP 'HERE IS A BEAN FIELD, NOT A
WETLANDS, AND SIGNAL DOESN' T OWN IT. DSO I ' M NOT SURE HOW
c'1. THEY CAN INCLUDE THIS WITHIN THE WETLANDS. I SAT HERE
LOOKING AT THIS MAP AND I SAID THIS LOOKS LIKE WE' RE GETTING
1
= A LOT OF WETLANDS, BUT THAT' S NOT ACTUALLY TRUE. THIS IS
,'4 CURRENTLY ALL WETLANDS, IT IS CURRENTLY PRODUCTIVE WETLANDS.
WE HAVE SNOWY CLOVERS (SIC) BREEDING HERE. WE rHAVE -LACE
1
DOROTHY N. BAER & ASSOCIATES (714) 645—(--)4c(-
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149
� SKIMMERS (SIC) BREEDING HERE. THESE ARE VERY UNUSUAL BIRDS.
�
2 WE HAVE ENDANGERED SPECIES BREEDING RIGHT HERE WHERE THE
] HOUSING IS GOING TO GO.
4 I KNOW THAT POOR MAYOR KELLY' S ON RECORD AS
5 SAYING THAT HE LIKES THE FICKLE WEED (SIC) ' THIS IS FICKLE
6 WEED.
7 (LAUGHTER)
�
8 DR. MURRAY: I' M SORRY, I' M FOR THE FICKLE WEED.
� I WOULD LIKE TO SEE THIS STAY. I THINK IT IS WRONG TO
SUPPORT THIS BILL AT THIS TIME BECAUSE THERE' S A LAW SUIT
�
11 PENDING, THERE' S THE TIDELANDS, AND IT IS AGAINST THE LAW IN
12 CALIFORNIA TO BUILD ON TIDELANDS. I DON' T SEE HOW YOU CAN
1] POSSIBLY CONSIDER BUILDING ON THIS.
14 ALSO IF YOU LOOK AT THIS AREA RIGHT HERE.
I.5 THIS SHOWS HOUSING AND COMMERCIAL HERE, BUT CURRENTLY THIS
�6 IS WETLAND. SO THIS AREA WILL BE DESTROYED. WE HAVE A
�
PHOTOGRAPH OF A CLAPPER RAIL (SIC THERE THERE ARE ONLY 20 OF
� 8 THEM IN THIS WHOLE AREA BETWEEN ANAHEIM BAY AND THE BOLSA
i9 CHICA, THERE IS 20 LEFT. WE HAVE A PHOTOGRAPH OF THE
�
CLAPPER RAIL RIGHT HERE, ONE OF THE ENDANGERED SPECIES THAT
�1 LIVES IN THE BOLSA CHICA. THIS AREA IS GOING TO BE
�2 DESTROYED. WHAT' S GOING TO HAPPEN TO THIS AREA WHICH IS
CURRENTLY FUNCTIONAL WHEN THIS IS CUT OFF '70 CONSTRUCT THE
�4 MARINA.
`5 I FEEL THE MARINA IS A BAD IDEA, I AM NOT
�
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DOROTHY N. BAER & ASSOCIATES (714) 645-0420
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OPPOSED TO DEVELOPMENT ON 'THE BLUFFS. i F SOMEONE CAN' .._ MAKE
E A PROFIT DEVELOPING THIS EXPENSIVE IREA THEY ' OUGHT TO SO
BACK TO BUSINESS SCHOOL.
(APPLAUSE)
r
MAYOR: THANK YOU LOU ANNA.
DR. MURRAY: I' M NOT QUITE DONE YET. ONE MORE
THING. ONE MORE THING, SHORT. _ DON' "!" T!-i I NN. MY TIMER HAS
RUN YET. I MEAN USUALLY IN MY CLASSES I GET 50 MINUTES,
THIS IS REALLY CUTTING IT DOWN.
I DON' T WANT TO COUNT THE VOTES BEFORE THIS
r
BUZZER GOES OFF. I DON' T KNOW THAT WE CAN PREDICT HOW THE
VOTE IS GOING TO GO. I' M VERY SORRY THAT MR. BANNISTER
ISN' T HERE TONIGHT, BECAUSE HE' S ON RECORD IN CAMPAIGN
1 + LITERATURE. WHICH CAMERA' S ON, NUMBER ONE. CAMPAIGN
LITERATURE AS BEING FOR PRESERVATION OF THE WETLANDS. MR.
..6 BANNISTER IS AN EXCELLENT PHOTOGRAPHER. THIS IS A PIC-,-URE
? THAT HE HAS TAKEN DOWN AT '1"HE WETLANDS OF THE GREAT BLUE
8 HERRA (SIC) INDICATING THAT HE IS FOR THE WETLANDS. AND
I' VE JUST POINTED OUT THAT MARINA' S ARE NOT WETLANDS. I ' VE
GOT A REAL LONG MEMORY.
: '. MR. ERSKIN IS ALSO ON RECORD AS SUPPORTING
' S THE WETLANDS IT SAYS HERE. I' M ON RECORD AS PLANNING
COMMISSIONER SUPPORTING THE RESTORATION AND PRESERVATION O
4 THE HUNTINGTON BEACH WETLANDS, AND I THANK YOU FOR THAT
VOTE. AND IT HAS HERE A PICTURE OF ir!R. ERSK I N DOWN AT ,""HE
1
DOROTHY N. BAER & ASSOCIATES (714) 645-(__)4E(-
1
3
�51
� BOLSA CHICA, AND SO WE ASSUME FROM THAT, �HAT �E IS IN FAVOR
2 OF PRESERVATION OF THE WETLANDS OF BOLSA CHICA. THANK YOU.
3 MAYOR: COULD I SEE THAT?
4 (APPLAUSE)
�
� MAYOR : I' M NOT SURE OF THAT DISCLAIMER ABOUT NOT
6 WANTING TO COUNT VOTES. THANK YOU.
/ DR. MURRAY: I' VE GOT PLENTY OF VOTES'
Np .
8 MAYOR: NOT A VERY EFFICIENT CAMPAIGN THOUGH.
NEXT SPEAKER, AND I GUESS THIS IS OUR FINAL SPEAKER.
l, CLERK: STEVE THOMAS. iHE NEXT ONE WOULD BE
DILLON ROBINSON (SIC) .
�2 MR. ROBINSON: I WOULD JUST LIKE TO SAY THAT I' M
13 VERY PLEASE TO BE ABLE TO SUPPORT _-
�
14 MAYOR: WOULD YOU STATE YOUR NAME PLEASE?
15 MR. ROBINSON: MY NAME IS DILLON ROBINSON FROM
'6 HUNTINGTON BEACH.
� 7 I WOULD JUST LIKE TO SAY THAT I AM VERY
' 8 PLEASED TO BE ABLE TO STATE MY OPINION TONIGHT, BECAUSE I
�9 ALMOST DIDN' T. ONE THING I' D LIKE TO SAY IS THAT I AM PART
�
20 OF THE TEACHER, I AM WHAT SHOULD BE -- I AM GOING TO HAVE TO
�1 LIVE WITH WHAT MIGHT HAPPEN, BUT I HIGHLY DOUBT IT SINCE THE
�2 OVERWHELMING OPINION OF THIS CROWD, AND THE VERY
�
2 INTELLECTUAL PEOPLE THAT HAVE SPOKEN AGAINST THIS
24 DEVELOPMENT.
I WOULD JUST LIKE TO SAY ONE THING. HOW IS
�
DOROTHY N.N. BAER & ASSOCIATES (714) 645-0420
�
15
IT THAT SO MANY PEOPLE WHO AIRE AGAINST SOMETHING SHOULD BE
FORCED TO PAY FOR IT WHEN THEY DON' T WANT IT DONE`' T MEAN
IT' S KIND OF UNCONSTITUTIONAL IN MY OPINION, AND I' VE BEEN
GOING THROUGH SCHOOL LEARNING THAT THIS SHOULDN' T BE GOING
r
ON, IT SHOULDN' 1" EVEN BE THOUGHT ABOUT. I 11EAN WHAT GIVES
ANYONE A RIGHT TO TAKE OUT A THOUSAND FOOT CHUCK OF THE
BEACH AND MAKE IT UNUSABLE TO ANYONE WHO WOULD WANT 0 BE
USING IT. AND I GUESS THAT' S ALL I CAN LEAVE YOU WITH, AND
T THINK )`HAT THE CHOICE THAT YOU PEOPLE ! IAVE T O MAKE IS
REALLY QUITE CLEAR. IT' S THE ONLY ONE THAT 'SEEMS, YOU KNOW,
i :. LOGICAL AND REASONABLE. THANK YOU.
_ (APPLAUSE)
MAYOR : THANK YOU VERY MUCH. THAT CONCLUDES THIS
`F EVENINGS EPISODE OF POUNDING ON YOUR CITY COUNCIL. WE WILL
CONTINUE THE PUBLIC HEARING OPEN TO MARCH 7TH, AND IN THE
INTERIM DR. GREEN HAD ASKED ME TO ANNOUNCE THAT ASSUMING
THAT WE GET A PRINTED VERSION OF SENATOR BERGESON' S BILL
FROM THE SENATOR IN THE NEXT TWO WEEKS, WE WILL MAKE COPIES
AVAILABLE FROM THE CITY CLERIC' S OFFICE ON THE SECOND FLOOR
OF THIS BUILDING AND AT THE HUNTINGTON BEACH LIBRARY. IF WE
DO NOT HAVE A PRINTED VERSION OF THE BILL WITHIN THE NEXT
WEEKS, THEN I' ll SURE THE COUNCIL MAY REASSESS IT' S INTEREST
IN HAVING THE HEARING ON MARCH 7TH, BECAUSE WE iqLL cif-1NT
u SUFFICIENT TIME TO LOON. AT THOSE_ AMENDMENTS.
/ SO WIl`H THAT THEN ARE THERE ANY ADDITIONAL
DOROTHY N. BAER R ASSOCIATES (714) E45—(-)4E�
1
COUNCIL COMMENTS.
COUNCIL MEMBER: ( INAUDIBLE)
MAYOR: OKAY. MOTIONS. SECOND.
COUNCIL MEMBER : I DO.
MAYOR : MR. ( INAUDIBLE) DO YOU HAVE ANY OTHER
COMMENTS.
COUNCIL MEMBER: NO, I WAS JUST COMMITTED TO
HAPPEN TO HAVE A SECOND IN THE COUNTY VOTE.
MAYOR: WELL RUN Th WAY LAST. CONNIE?
:! CONNIE: YES, WOULD YOU PLEASE STATE THE TIME
YOU' RE ADJOURNING TO?
_ MAYOR : I WOULD GUESS IT WOULD BE 5: , ), SINCE WE
HAVE A --
r
14 CONNIE: YEAH, SOME PEOPLE --
1. MAYOR: -- SINCE WE HAVE A REGULAR COUNCIL
MEETING, SO. THAT' S CORRECT ADJOURNMENT TO TUESDAY,
I
FEBRUARY 16TH, NO, THAT' S INCORREET. IT SAYS MONDAY, MARCH
8 7TH, AT 5:30 P. M. THAT' S NOT THE ONE I WANTED. MOTION,
t .a SECOND, ALL IN FAVOR?
1
: ) COUNCIL MEMBER: I DO.
MAYOR: WE' RE ADJOURNED.
DOROTHY N. BAER & ASSOCIATES (714) 645—��4EC-)
Senate Bill 1517 5r®3 p®
Bolsa Bay Harbor & Conservation District
A Reasoned Response
Analysis of Public Testimony
City Council of Huntington Beach
February 11, 1988
Signal Landmark Inc.
PREFACE
The Huntington Beach City Council on February 11, 1988, Instead, they offered views and opinions on aspects of the
held an advertised "public hearing" to allow public Bolsa Chica Local Coastal Program / Land Use Plan, a
comment on Senate Bill 1517 prior to the Council taking subject that was not under consideration by the City
an official position. Authored by State Senator Marian Council.
Bergeson, the legislation enables the formation of the
Bolsa Bay Harbor and Conservation District in Unfortunately, while the public comments were persuasive
unincorporated territory adjacent to the City of for their sincerity, many, if not most, were unfounded. It
Huntington Beach. was apparent from the large number of misstatements of
fact addressed to the land use plan and the legislation that
The legislation is carefully drafted to be "project neutral." the "public," as represented at the February 11 hearing,
It deliberately avoids prejudicing the land use planning had very little accurate information and a gross
process established under the California Coastal Act of misunderstanding of the Bolsa Chica project and SB 1517,
1976. However, certain sections respond to requirements as well as the planning process.
by the Coastal Commission that assurances be in place for
perpetual maintenance and operation of wetlands. Other While Signal Landmark Inc. chose not to challenge the
sections respond to federal legislation authorizing cost many misstatements of fact during the course of the
sharing for public works at Bolsa Chica on condition that hearing, we are unwilling to allow the public record to go
an approved mechanism, in conformance to state law, be uncorrected. In selecting a method to place accurate
in place for the repayment of federal cost share funds. information on the public record, we have taken a
transcript of the City Clerk's recording of the February 11
Nevertheless, many members of the public who offered hearing and have provided a factual written response to
comments apparently misunderstood that the purpose of each statement that we felt required rebuttal.
the hearing was to comment on provisions of SB1517.
1
In the pages that follow, we have arranged excerpts from As the planning process progresses through the various
the public testimony at the left side of the page, with our responsible jurisdictions, it will be our intent to make sure
responses positioned opposite on the right side of the page. that we have responded to public comment. As project
Each excerpt from testimony is attributed by name to the proponent, it is our responsiblity to propose reasonable
speaker as identified to the City Clerk and is as accurate as and suitable mitigation and to assure public decision
a qualified court reporter could produce from the Clerk's makers that on balance, the project is in the public
tape recordings of the hearing. (Numbers following each interest.
citation of testimony refer to page and line of the
transcript from which the excerpt was taken.)
Virtually all of the issues touched upon in the hearing are
or will be subject to extensive research and analysis during
the Local Coastal Program process. Many are already on Jeffrey B. Holm
the public record in the Bolsa Chica Local Coastal Senior Vice President
Program / Land Use Plan. That plan was conditionally Signal Landmark, Inc.
certified by the California Coastal Commission in 1986.
We are thankful to the Huntington Beach City Council for
providing this forum for airing these public concerns, and May 1988
to the members of the public who took their time to attend
the hearing and express their concerns. While we have
taken issue with many of the statements presented to the
City Council, there is no intention by Signal Landmark Inc.
to take issue with the right and willingness of citizens to
express their concerns and to petition their elected
officials.
2
CONTENTS
Public District 1
Annexation 11
Financing 14
Land Ownership 22
Wetlands 25
Earthquake 36
Ocean Entrance/Sand Bypass 39
Ocean Entrance/Other 45
Recreation 51
Traffic 57
Miscellaneous 62
Public District
Senate Bill 1517 is not an imposition on existing local
"The formation of the special government entity is government. The legislation requires a
unnecessary imposition on the existing local government. pre-annexation/development agreement among the City,
The City of Huntington Beach is capable of providing all the County of Orange and the private property owners,
the services that the people need." but gives the city flexibility to decide whether it wants to
annex. Meanwhile, a legal entity must be created to
Adrian Morrison, Executive Coordinator provide the necessary services to the property.
Amigos de Bolsa Chica (61-1)
It is a benefit, not an imposition, that the new public entity
formed by Senate Bill 1517 will undertake to provide
funding for wetlands and ocean entrance maintenance,
repayment of federal cost sharing and other obligations.
Mechanisms to ensure that these obligations are met
must be demonstrated well before the City decides on
the benefits of annexation.
"It is all unnecessary. If the State or if the County really That is not the purpose of Senate Bill 1517. For
wants a marina, they would not need to form a special someone to have reached that conclusion, they either
district." have not read the bill or have purposefully misinterpreted
it.
Adrian Morrison, Executive Coordinator,
Amigos de Bolsa Chica (61-11)
2
"If Signal wants to develop its private property, it really Again, that is not the purpose of Senate Bill 1517. The
does not need a special district. Signal wants a district bill does not provide any funds for private development.
for purely political reasons." It specifically dissallows such use.
Adrian Morrison, Executive Coordinator, The Bolsa Chica project is not just a private
Amigos de Bolsa Chica (61-13) development, nor is it just a public works project. Bolsa
Chica is a unique combination of interdependent public
and private uses. Senate Bill 1517 provides the
mechanism for coordination of the public and private
purposes. It requires those private entities and persons
who use and directly benefit from the public works
facilities to pay for them.
"If SB 1517 does pass, developers everywhere would The public district created by Senate Bill 1517 is not an
surely be requesting districts of their own." unprecedented entity. There are many such districts
throughout California that have been created to fund and
Adrian Morrison, Executive Coordinator, manage different purposes. Humbolt Bay and Suisun
Amigos de Bolsa Chica (61-24) Marsh in northern California are examples. Similar
special districts were established by landowners in
Orange County to provide utilities and other services.
"The City does not need this bill. Every coastal City in Some are located within existing cities and others are
California has gone through the Bolsa Chica Land Use located in unincorporated County territory. Bolsa Bay
Plan process. Why should Huntington Beach be Harbor and Conservation District is only unique for its
different?" combination of purposes, including wetlands, harbor,
environmental protection and utility services.
Shirley Det/off, Huntington Beach resident
(112-1)
3
'Whether or not there are any positive reasons that the Some of the many reasons the City Council should
City Council should support it. /think not. support Senate Bill 1517 include:
Victor Leipzig, President, o Restoration and creation of 915 acres of wetlands
Amigos de Bolsa Chica (67-5)
o Improved City sewer capacity
o Aid in completion of City park plans
o Regional road construction
o Additional entity to contribute to
sand replenishment cost
o New tax dollars
o Improved traffic circulation
o Improved water quality
o Additional recreational opportunities
4
7 have spoken with Senator Bergeson, and she has told
me and others that (if) she had it to do over again, she
wouldn't introduce this very unpopular bill."
Victor Leipzig, President,
Amigos de Bolsa Chica (68-1)
"If this Council does not support SB 1517, then Marian
Bergeson, herself, will probably withdraw the bill."
Charlotte Clark, ®range County Sierra Club [Please see next page]
Management Committee (90-6)
5
6-2-2 2 FEBRUARY 19, 1988 HUNTINGTON BEACH NEWS
Bolsa Chica Public Hearing
An emotionally charged:m_.ee.ting
by John Earl
Tension: Does Bergeson Froeberg, when asked if
Support 1517? Leipzig's statement was true,
The tension underlying the replied "Absolutely not," add-
proposed development was ing that she was "totally dis-
vividly displayed when Victor gusted with the tactics" of
Leipzig, president of the Ami- Leipzig and that "nobody has
gos de Bois Chica, a 1,000- authorization to speak for the
member anti-SB 1517 conser- Senator but me."
vationist group, told the Coun- When asked to substantiate
cil that he has been unable to his remark, the Amigos presi-
find any real enthusiasm from dent claimed that he had actu-
City officials for the bill. ally learned of Bergeson's al-
Leipzig, near the end of an leged disparagement from an i
emotional speech, made the assemblyman, who said he had
astonishing claim that even heard it from the Senator. But
Sen. Bergeson, herself, would an aide to the assemblyman
be unwilling to introduce "this denied that any such claim had
very unpopular bill"if she had been made to Lepzig.
to do it over again. Froeberg says she feels
After the roar of applause "some frustration,"that the city
was over,a disgruntled looking does not see the bill as a benefit.
Froeberg approached Leipzig "They (Signal) don't have to
and handed him a note, the deal with the City. They don't
general contents of which can ' have to agree with the annexa-
only be imagined. tion that the City wants. They
don't have to seek their support
in any of their planning efforts.
With the bill, they have to deal
with the City."
"The Coastal, Commission, I'd like to remind you, has not The California Coastal Commission is aware of this bill
approved this bill." and does not oppose it.
Tom Pratt, Surfrider Foundation (69-5)
"Senate Bill 1517 does not address the potential that Senate Bill 1517 is project neutral and allows for any
there might not be a navigable entrance at Bolsa Chica eventuality regarding the ocean entrance.
State Beach, in which case the harbor district would not
be necessary. Senate Bill 1517 provides no mention of
the word recreation."
Tom Pratt, Surfrider Foundation (69-16)
Senate Bill 1517 takes us backwards through the Senate Bill 1517 is not a planning bill. It is prohibited
planning process. The bill authorized establishment of a from preempting the Coastal process. It does nothing to
harbor district prior to undertaking any of the required "grease the skids for final approval with incomplete plans
environmental or technical studies.... This bill appears to and a shoddy environmental analysis" because the
us as nothing more than a maneuver to bypass the public Coastal Commission process requires that complete
process to grease the skids for final approval with plans and complete environmental analysis and
incomplete plans and a shoddy environmental analysis." evaluation take place before the project can be
authorized.
Tom Pratt, Surfrider Foundation (69-22)
6
"Need to know what the facts are, at least from this Support or adoption of Senate Bill 1517 is not a decision
preliminary (Corps) study before any decision is made." for or against the construction of a navigable ocean
entrance and harbor. The bill, in that sense, is "project
Steve Holden, Huntington Beach Resident neutral." The bill is necessary at this time to meet the
(78-4) requirement of the Coastal Commission for there to be a
mechanism in place for the restoration and maintenance
of wetlands prior to the confirmation of the Local Coastal
Program/Land Use Plan.
The Corps of Engineers has already performed studies
that show the navigable ocean entrance is feasible in
engineering terms. Waterway Experiment Station
modeling, both physical and numerical, will show the
extent to which sand bypassing will be required. The
County of Orange has already decided upon the
navigable ocean entrance as the most feasible, least
environmentally damaging alternative, and the Coastal
Commission has decided that the navigable ocean
entrance is the preferred alternative, subject to certain
confirmation studies.
The remaining feasibility studies by the Corps of
Engineers are to address the limited question of the
extent to which the federal government would participate
financially in the project, including the public harbor and
navigable ocean entrance. Congress has approved $89
million for the Bolsa Bay project in its Water Development
Act of 1986, subject to approval of a repayment plan.
7
"This particular bill creates a district we neither have a The end use of the property has been decided, with the
need for, where the end use of the land that we're talking exception of a final decision on the navigability of the
about has not yet been decided." ocean entrance and a connecting channel between
Huntington Harbour and Bolsa Bay. The bill is needed to
Carrie Dolton (93-14) provide the necessary financial entity required by the
Local Coastal Program/Land Use Plan.
"They(Signal) may call it a Bay and Conservation District,
but primarily what the end results will be will be The primary purpose of Senate Bill 1517 is to provide the
establishment of houses, commercial area, marinas and assurance of funding for wetlands creation, restoration
other things that serve that particular interest." and maintenance. The bill also provides a funding
mechanism for many other public uses and
Carrie Dolton (93-23) infrastructure. It does not provide funds for private
development.
7 am very much opposed to turning over the authority to Senate Bill 1517 establishes a public district, governed by
a private enterprise to assess taxes and other monies public officials elected to the board by owners of land
needed to develop this." within the district. These officials will serve with one
member of the Huntington Beach City Council and one
Patricia Kepler, Huntington Beach resident member of the Orange County Board of Supervisors.
(97-8)
8
"The creation of the Bolsa Bay Harbor and Conservation This statement is not true. The district clearly will benefit
District will primarily benefit a small handful of business the residents of the city, county and state, as well as the
interests." future property owners of the area encompassed by the
David Weisbart (99-7) proposed district.
"Decisions regarding the Bolsa Chica should be ours, The City of Huntington Beach has little or no jurisdiction
and not a separate district where the City will have little over the project in the county area. Senate Bill 1517
influence." provides a great deal of control over the project and
provides for direct representation by the City Council on
Shirley Detloff, Huntington Beach resident the district commission. This provides unprecedented
(110-22) influence by a city on an adjacent project in county
territory.
"Fortunately for Huntington Beach, we have some very Senator Bergeson has not been working "hand in glove
alert, vocal and public characters that are continuing to with the real estate developer" on Senate Bill 1517.
be puzzled by the prominent roll of Senator Bergeson, Senator Bergeson has taken the concerns of all
who seems to be working hand in glove with the real interested parties into consideration in formulating the
estate developer." provisions of the bill. At her insistence, the city and
county were given direct representation on the proposed
Ann Spiegel, Huntington Beach resident district commission and the district's powers were
(125-2) suspended until a preannexation/development
agreement is executed by the city, county and developer.
9
'You need only be aware of one particular characteristic The district is a public agency subject to all the laws that
of this bill, quote 7t would vest power in a governing are applicable to any public agency such as a city,
board.' The board would be dominated by Signal Land county, water district, sanitation district or other form of
Develoment Corporation. In other words, this land government. Members of the commission will be public
developer would be handed a legal shield on a silver officials and subject to all disclosure and conflict of
platter. They would not be accountable to the local interest requirements of the law, as is any other public
community... Imagine this is a law that would create official.
corporate monopoly within a contiguous land area of
(our) sovereign city, and that entity would become a
sovereign in and of itself."
Ann Spiegel, Huntington Beach resident
(126-12)
Harbor district bill is premature and circumvents the Senate Bill 1517 is not premature and absolutely does
democratic process." not circumvent the democratic process. The bill is being
processed democratically at this very moment in the
David Mollar, Huntington Beach resident California Legislature. The project will be processed with
(139-24) public hearings before the California Coastal
Commission and the County of Orange.
The bill is not premature in that the Coastal Commission
process, which must occur before the project can
commence, requires that a means for financing the
public uses of the project, repaying bonds and federal
monies as well as providing the mechanism for
maintenance and operation of the wetlands in perpetuity,
be proven as a condition of authorization of the project.
Further, provisions in the bill specifically prohibit
preemption of the Coastal Act process.
10
Annexation
1
"Does SB 1517 actually guarantee annexation? No, it
does not. What SB 1517 guarantees is negotiations over This question demonstrates a misunderstanding
annexation, and negotiation in this context means concerning the law of annexation. No law can guarantee
nothing. Signal Landmark will do whatever it possibly annexation. Under the United States Constitution and
can to avoid annexation." California Constitution, land cannot be taken by
annexation without the consent of the property owner.
Victor Leipzig, Amigos Pres. Senate Bill 1517 provides an avenue for annexation. It
(67-10) also provides opportunities and benefits for the City even
if there is no annexation. Future residents of Bolsa
Chica, if not already annexed, have the constitutional
right to vote for annexation.
"Signal has stated that they will not enter into an
annexation agreement with the City unless the City
pledges support for the breakwater project." This contention is untrue. Signal has not indicated to the
City that an annexation agreement would not be
Tom Pratt, Surfrider(70-6) accepted without an ocean entrance approved by the
City as part of the project. The issue of the ocean
entrance will be determined by the Coastal Commission,
not by the City nor by Signal. This statement completely
ignores the provision in Senate Bill 1517 that requires
that a preannexation-development agreement be entered
into with the City, and that the Local Coastal
Program/Land Use Plan be certified by the Coastal
Commission, before the district can exercise any of its
power.
12
'Don't be influenced by the false fear that you will not be There is no law in California or in the United States that
able to annex this area into the City. This is the threat that requires property owners to annex their property into a
cannot be supported by fact." city. If Senate Bill 1517 is not enacted, the City will not
have as many assurances that it can annex the property,
Shirely Detloff, Huntington Beach Resident and it is conceivable that Bolsa Chica will never be
(112-10) annexed to the City of Huntington Beach if it is built in the
county area. If the future residents of the project decide
they want to annex into the City, it can be done with
public hearings and elections.
13
Financing
"The plan is clearly against the public interest and it is a The Bolsa Chica Land Use Plan has clearly been
plan the public would be paying for. designed in the public interest. The plan provides
significant environmental, recreational and public facility
Tom Pratt, Surfrider (70-17) improvements to serve the public. Senate Bill 1517
assures that the cost of the project will be contained in
"(The plan would) require large expenditures of public the project area and will not burden the surrounding
funds, and would give the public nothing in return." community.
Greg Page, Huntington Beach Resident
(113-6)
15
"There is no recommendation before you by staff to study The Bolsa Chica project planning has progressed
financially any other alternatives such as the outright beyond the point where introduction of new alternatives
buyout of the development rights in lowlands, through a would be appropriate. The Bolsa Chica Local Coastal
conservancy." Program/Land Use Plan has a partially certified preferred
plan by the Coastal Commission. Buyouts were studied
Lorraine Faber, Past President of in the early planning process, over ten years ago. No
Amigos de Bolsa Chica (72-19) public funds are available to compensate the property
owners for the acquisition of their property.
"How is it that so many people who are against
something should be forced to pay for it when they don't
want it done."
Dillon Robinson, Huntington Beach
Resident (151-25)
To avoid a lot of financial problems,... let us and other
interest parties work with Signal and conservancy
interest, which definitely do exist, to purchase this
property for the public good."
Charlotte Clark, Member
Management Committee of Orange County
Section of Sierra Club (90-20)
16
"They (Signal) are now back to you, asking you to As the County of Orange Phase I Public Facilities
approve a financing vehicle in the abstract not knowing Management and Financing Plan has indicated since
where the money is coming from. They say it's to receive 1981, funding for the public facilities at Bolsa Chica will
federal money, yet all there is, is in the approval for a come from:
demonstration project. There is not an allocation in the
budget. There is no money to receive from the federal "a project specific structure (to include utilization
government." of such concepts as revenue bonds and
assessments or district tax financing) in
Lorraine Faber, Past President, conjunction with available public sector funding."
Amigos de Bolsa Chica (73-17)
The current financing plan is built upon the Phase I Plan.
The district, to be established by Senate Bill 1517, is a
project specific structure designed to finance a large
share of the public improvement costs. The project
proponents are also seeking earmarked public funding
sources that are available for projects such as Bolsa
Chica to fund the required public improvements,
including the federal cost share authorized in the Water
Resources and Development Act of 1986, State of
California grant and loan programs, such as CalBoating,
Coastal Conservancy and Department of Parks and
Recreation.
The Water Resources Development Act of 1986
authorized $89.6 million in funds for the Bolsa
Chica/Sunset Harbor project. These funds will be repaid
to the federal government over a period of time by the
project. The U.S. Army Corps of Engineers is currently
studying the feasibility of the Bolsa Chica project from the
federal perspective, a prerequisite before any
appropriation of federal funds. (Public Law 99-662,
Section 1119)
17
(Referencing a sheet distributed to the council) Whether the federal government will contribute to the
sand bypass system has not been determined. The
"Look, at my first sheet, the first column shows the federal federal government has been asked to contribute, but
share of the projected capitol cost. It shows at the this cost may be borne by the project through an annual
bottom of that column, $115 million. That means in maintenance assessment. It should be noted that given
addition to the $89 million they're already talking about preliminary findings from WES regarding sand movement
they want $500 thousand a year coming into this project along the Bolsa Chica State Beach, this annual
area to share one-half the cost of the sand bypass." maintenance cost may be significantly less than
Lorraine Faber, Past President, previously estimated.
Amigos de Bolsa Chica (73-24)
18
"The next sheet is the yearly costs. Now, it is divided
against federal, state, and county/city, and then the
special district. Now the special district is supposed to
be the vehicle. You will finally be getting a financial
impact study after you are asked to approve this from
Signal, and it is already available to them. Their financial
consultant has finshed it and provided it to them. They
will essentially say, I can predict, that you can have this [Please see next page]
district and you can keep the assessment to under 1%,
but only to the degree that you can capture that state and
federal participation. Plus another $30 Million from
county or state for the marina, because they have a study
in hand that says the marina will not be sufficiently
profitable to attract private enterprise."
Lorraine Faber, Past President,
Amigos de Bolsa Chica (74-14)
'Y would like to distribute some figures that show the
taxpayers will be footing the bill for about$142 million on
this project. (He indicated he would discuss that at great
length at next meeting)"
Tom Livengood (147-6)
"The plan would....require over $200 million of public
funds."
Greg Page, Huntington Beach Resident
(113-13)
19
5. 2-6
PROJECT COSTS AND POTENTIAL FUNDING SOURCES
Public improvement costs include extraordinary facilities for public benefit and customary infrastructure.
"These costs, projected at $229.1 million, would be funded through a combination of federal, state, local
and special district revenues as illustrated below:
COST SOURCES FUTURE
ESTIMATE, SOURCES OF FUNDS OF REPAYMENT OWNERSHIP
EXTRAORDINARY COSTS
OCEAN ENTRANCE $ 55.5 million Federal Cost Share(HR6) Project/Marina/State STATE
MAIN CHANNEL. $ 23.4 million HR6/State/Special District Project/Marina STATE
IPJNI-INGTON HARBOUR CHANNEL $ 24.2 million HR6/Navy/Local Bonds Project/Local STATE
MARINA COMPLEX $ 33.0 million State/Revenue Bonds Marina STATF=UNTY
WEIIANIIS $ 12.0 million HR6/State/Developer Project STATE
LINEAR PARK/FSHA $ 1.9 million State/County Project if needed STATE=UNTY
ARTERIALSTREETS $ 18.7 million HR6/State/Special District Project STATFJCOUNTY/CITY
SUBTOTAL $ 193.8 million
PUBLIC INFRASTRUCTURE
OFT-SITE SEWER $ 10.4 million Developer/Special District Project COUNTY/CTIY
ON-SITE SEWER $ 5.6 million Developer/Special District Project COUNIY)CIY
REGIONALWATER $ 9.8 million Developer/Special District Project COUNTYICITY
COLLECTOR STREETS $ 6.4 million Developer/Special District Project COUNTYiCnY
PARKS AND RECREATION $ 7.0 million Developer/Special District Project COUNTY&TIY
RECLAMATION AND DRAINAGE $ 1.1 million Developer/Special District Project COUNIYICITY
SUBTOTAL $ 40.3 million
FACILITY PLANNING g 5.0 million
TOTAL PUBLIC COSTS $229.1 MILLION
Bolsa Bay residents, commercial property owners and developer/builders will be responsible for the costs
of public improvements, a portion funded with special assessments, special taxes or some combination.
All other costs will either be repaid through developer/builder contributions, self-supporting enterprises
such as the marina and sewer and water district hook-up fees,or through direct grants from state and local
sources. If federal, state and local participation increases (presently being negotiated), the amount of
assessments and special taxes required of property owners will decline accordingly.
Of particular importance is the $89.6 million in funding received through the federal cost
recovery district. These funds would be repaid 50% from special district assessments
and/or special taxes and 50% from marina revenues.
Pl1TFNTIAL SOURCES OF FUNDING
FOR c229.1 MILLION IN PUBLIC INIPROVENILNTS
513 6 Ni
S23.7 M
❑ FEDERAL COST SHARE S89.6 million
$89.6 M ® MARINA $33.0 million
❑ SPECIAL DISTRICT $69.2 million
S69.2 M 0 STATE $13.6 million
® LOCAL $23.7 million
�33.0 M
z3:
w.
*Nothing shown above is meant to commit any agency to funding the capital costs shown. The costs provided in this summary
are estimates based on sound engineering and economic judgment. The actual costs will be determined as a result of negotiations
with the various State and local agencies that will take place over the next few years during the processing of the project,
through the Coastal Commission and the County of Orange.
"They have talked about what Signal has contributed The Water Resources Act of 1986 requires repayment of
already to this project area. But, they haven't talked federal cost share funds for Bolsa Chica, including those
about the 1.5 million that has been spent in the County funds advanced by congressional appropriation for
L.C.P process, and that's what it is. The Corps of feasibility studies.
Engineers already have $775 thhousand dollars into this
project. We don't know what the Coastal Conservancy Funds expended by the County of Orange and the
plan cost the public to create. But, we do know that the Coastal Conservancy for developing the Local Coastal
bills of the City of Huntington Beach to work with this Bill Program, and for any special studies, are subject to
is probalby already$100 thousand." reimbursement agreements as negotiated by the
agencies and Signal Landmark Inc., as principal project
Lorraine Faber, Past President, proponent.
Amigos de Bolsa Chica (75-60)
i
"This articular district... is a taxing authority and monies N p O g ty o special district funds will go to a private interest.
would be going primarily to private interest." Special district funds will only be used to pay for public
Carrie Dolton (94-3) improvements.
'Various level of government are going to have to The public improvements at Bolsa Chica will benefit the
participate in the funding of the ocean opening, the sand public at large, as well as Bolsa Chica residents. It has
transfer system, the movement of PCH... The bridges, the been, and will continue to be, common practice for public
roads, the sewers, the sand transfer, all of those are agencies to fund, all or in part, public facilities that benefit
going to come with some form of public assistance. all of us.
Carrie Dolton (94-5)
20
The financial burden of building and maintaining the The financing plan will not create a burden on the tax
breakwater, the endless dredging, the movin around of, g payer. The future residents at Bolsa Chica will pay their
sand, the street modifications -- all of that will fall in large fair share of public improvement costs, within a 1 percent
measure on the taxpayers." cap of value on annual assessments. Orange County
and Huntington Beach residents will not be asked to pay
David Weisbart (98-9) additional taxes to support the public improvements at
Bolsa Chica.
V read a newspaper headline proclaiming that Signal Signal Landmark will post a $12 million bond or sufficient
was going to offer $12 million (for wetlands). When I surety. Signal is not the only developer in Bolsa Chica.
attended your City Council meeting and saw the pie Other project proponents will also contribute.
chart, I discovered that Signal was only funding $4.5
million, and guess who's going to pay the rest? The
federal and state government. That's full two-thirds."
Trudy Herd, Biologist, Cal State Fullerton
(130-18)
"Every step of the planning process, Signal attempts to This is not true. Signal Landmark, Inc. has not sought
get everybody else to pay for their private project." and does not intend to seek to get anyone to pay for its
private ownership purposes. Signal has, however,
Trudy Herd, Biologist, Cal State Fullerton actively sought and will continue to seek, legitimate
(130-18) public funding to pay for public works within the Bolsa
Chica project area; as is done in all other developments
in California.
21
Land Ownership
"Bolsa Chica is not just a private project on private Most of the Bolsa Chica property is privately owned. If
property funded with private finances. It is a public the proposed development takes place, nearly two thirds
project on public property. of the 1600 acres of the project would be placed in public
trust. That includes the harbor area, wetlands habitat,
Adrianne Morrison, Executive, Coordinator, regional park, and all public improvements such as
Amigos de Bolsa Chica (58-14) highways, roads, bridges and beach environs.
However, this public hearing is to discuss Senate Bill
V hope you would make a decision not to support this 1517, which is not a land use plan but a mechanism for
project for private use of what should be public land." funding these public improvements. The residential and
commercial development will be funded privately.
Joanne Hoover, Garden Grove resident
(132-11)
"Public people like us, we own that beach, not Signal
Landmark." Bolsa Chica State Beach is publicly owned by the State
of California, and it has never been implied that it is
Scott Jordan, Huntington Beach resident owned by Signal Landmark Inc. Senate Bill 1517 does
(103-1) not change the ownership. The Coastal Plan being
considered by the County and the California Coastal
Commission takes the position that the public would best
be served by introduction of a navigable ocean entrance
through the beach to serve a public harbor and wetlands
expansion at Bolsa Chica.
23
'A passage in that (Burstin's Principles of California Real Signal Landmark Inc. does not claim to own any lands at
Estate) said...the state became owner of all the lands Bolsa Chica that are subject to State ownership. Signal
aligned under navigable fresh water bodies and above and the State, after engaging in public hearings and an
the high tide lines. It went on the state owns the open process, resolved conflicting claims concerning
tidelands in trust for the people and cannot transfer these tidelands in a boundary settlement agreement in 1973.
lands to private owners. It seems to argue against any That agreement established State ownership of 300
private ownership of the Bolsa Chica esturay, a tideland acres subject to public trust tidelands and provides the
if there ever was one." basis for private ownership of the remainder. Wetlands
are not the same as tidelands under either California or
Carlton Jones, Long Beach Civil, federal law.
Engineering Student (120-14)
24
Wetlands
i
"The existing ecological reserve, most of which has
already been restored at huge public expense, would be The proposed ocean entrance will not have "disastrous
penetrated by this channel (ocean entrance) with results."
disastrous results."
FIRST: The California Department of Fish and
Game has recently advised the California
Adrian Morrison, Executive Director, Coastal Commission that the navigable
Amigos de Bolsa Chica (60-19) ocean entrance is more protective of
wetlands restoration than the
non-navigable entrance.
SECOND: The California Coastal Commission has
conditionally approved the Bolsa Chica
Land Use Plan and has designated the
navigable ocean entrance as the
of alternative" to a non-navigable
entrance.
Of the 300 acres within Bolsa Chica owned by the State
of California only 173 acres have been restored as
wetlands. The Ecological Reserve restoration efforts did
little more than include Outer Bolsa Bay (which already
existed), and contain, with a berm, Inner Bolsa Bay,
which also already existed.
Phase I restoration of 150 acres cost the Department of
Fish and Game $416,000 for re-vegitation, perimiter levy,
earth movement, water control and creation of two
islands. There was an additional expenditure of $285,00
for public uses, including the interpretative board and
walkway. This work was completed in 1978. In 1984-85,
Fish and Game spent $70,000 for restoration of an
additional 23 acres.
Signal Landmark has spent $450,000 to clear the State
owned lands and do earth work.
26
i
"The citizens of Huntington Beach do not support this bill, Senate Bill 1517 does not impair preservation.
but instead support the preservation of the wetlands."
It creates a legal entity to finance restoration and
Charles Falzone, Huntington Beach Resident maintenance in perpetuity of the Bolsa Chica Wetlands
(64-16) as required in the Bolsa Chica Local Coastal
Program/Land Use Plan.
'The plan wrecks 300 acres of viable habitat, 25% of the
wetlands." The plan does not wreck 300 acres of wetlands but
instead will create, restore and protect a total of 1000
Tom Pratt, Surfrider Foundation acres of wetlands, and environmentally sensitive habitat.
(70-10)
Of the 852 acres of wetlands found in the Bolsa gap, the
majority were found to be degraded. Less than 3% of the
existing viable wetlands will be impaired, and prior to their
disruption replacement wetlands will be created. Further,
the Bolsa Chica Local Coastal Program/Land Use Plan
and Senate Bill 1517 require creation and restoration of
the wetlands before urban development can take place in
the Bolsa gap.
i
27
'We would like to emphasize that a broad cross section of In fact, the Bolsa Chica Land Use Plan will provide for
people as well as wildlife come to Bolsa Chica to enjoy many more public recreational opportunities for a
the sand, the surf, and the sun. We do not believe that broader cross-section of people than presently exist at
this prime coastal habitat and beach recreation (area) Bolsa Chica.
should be sacrificed to special interest."
Currently, except for visits to the existing Ecological
Charlotte Clark, Member, Management Reserve, there is no general public use of Bolsa Chica.
Committee, Orange County Section, The Bolsa Chica Land Use Plan, however, calls for some
Sierra Club (89-22) 1,275 acres or 78% of the total 1,645 acres to be
dedicated for public use, including:
'I'd like to see things remain for the general use of the o Hiking
public for recreational use, not for a private use by a few o Walking
people that can afford it." o Sailing
o Swimming
George Murdock, Local Resident and o Boating
Surfer (101-8) o Fishing
o Bicycling
o Windsurfing
o Photography
o Passive overlooks
o Sports fishing
o Boat rentals
o Wildlife observation
o Shopping and dining
o Scientific/institutional nature studies
o Community centers
o Public parks
o Playgrounds
o Boardwalks
o Surfing
o Trailer-boating
o Enhanced beach use
o Calm ocean water sports
o Connections to Central Park
and Bolsa Chica State Beach
28
"If we can preserve this wetland and restore it, we will We absolutely agree. This is the largest wetlands
have something that will be the pride not just restoration and enhancement project in the western
ofHuntington Beach but Southern California." portion of the United States. At present, the major
portion of the wetlands is degraded, and without
Rick Rowe, History Teacher, restoration and creation, the wetlands will continue to
Golden West College (105-7) degrade. Only restoration and creation can save the
wetlands; something we can all be proud of.
"No part of the limited existing wetlands area can be No part of the existing wetlands will be sacrificed
sacrificed needlessly that the Bolsa Bay Harbor District needlessly. The Department of Fish and Game has
plan would require." stated that the navigable ocean entrance is necessary to
provide water economically for the creation and
Greg Page, Huntington Beach Resident restoration a larger number of wetland acres. j
(113-22)
29
"The difficulties of disposal (of) dredge spoils and public There is no relationship between mud/siltation problems
cost finally resulted in closure of that marina (at Palo Alto) of San Francisco bay and the Bolsa Chica. The Bolsa
and it was primarily because it was built in a wetland, in Chica Land Use Plan and the Palo Alto Marina are totally
the wrong place, and just from what I can see this looks different. Although there are many marinas operating
like a very similar situation. It might be a sand problem successfully along San Francisco Bay, the City of Palo
rather than a mud problem, but probably the problems Alto decided that its marina should be converted to a sea
are the same." scout base and a wetlands.
Emily Renville, Palo Alto City Council
Member (118-2)
"If we break (the Pacific) flyway, we don't know what the This project does not break the Pacific Flyway. Instead, it
effects on the ecology of the world is... It's conceivable enhances habitat to improve the flyway. The planned
that human and animal ecology could completely enhancement and expansion of the seasonal pond
unravel. We just don't know!" habitats in the lowland will greatly amplify Bolsa Chica's
attractiveness to migratory and other shore and water
Carlton Jones, Civil Engineering Student, birds.
Cal State Long Beach (123-21)
30
I
"This real estate developer's only reason for being is to This statement is categorically not true. The private
degrade and debase the only tidal wetland left in this property owner's interest is twofold:
highly developed urban setting in Orange County."
to dedicate and improve the vast majority of its
Ann Spiegel, Huntington Beach Resident property for public wetlands and recreational use in
(125-6) compliance with the plans created by the County of
Orange, the California Coastal Commission, the
Coastal Conservancy and the Department of Fish and
Game.
to make use of its remaining privately held property
and thereby generate sufficient revenue to provide the
public amenities.
Furthermore, the Bolsa Chica is not the only tidal
wetlands in Coastal Orange County. Other tidal wetlands
in the vicinity include:
Anaheim/Seal Beach National
Wildlife Refuge 1,000 acres
Upper Newport Bay 1,000 acres
Portions of Huntington Harbor 20 acres
West Newport Wetlands 225 acres
Huntington Beach Wetlands 30 acres
31
"There are clear indications that the proposed Signal Landmark will not destroy wetlands. The Local
destruction of Bolsa Chica wetlands as planned by Coastal Program/Land Use Plan for the wetlands, as
Signal development has absolutely no support of this approved by the California Coastal Commission, creates,
community." protects and restores 915 acres of fully functional
wetlands and 86 acres of habitat.
Ann Spiegel, Huntington Beach resident
(112-22) Further, there is significant support for the Bolsa Chica
Local Coastal Program/Land Use Plan among
Huntington Beach residents, Orange County residents
and residents throughout the State of California. In
addition to many thousands of individuals who have
petitioned the State Legislature in support of the plan,
many organizations have taken public actions in support,
including:
The Huntington Beach Chamber of Commerce
Huntington Beach/Fountain Valley Board of Realtors
Orange County Coast Association
California Marine Parks and Harbors Association
Recreational Boaters of California
Southern California Marine Association
Marina and Recreation Association
Newport Beach-Marine Division-Chamber of
Commerce
Orange County Chamber of Commerce
Costa Mesa Chamber of Commerce
Westminster Chamber of Commerce
California Marine Affairs and Navigation
Conference
Orange Chamber of Commerce
32
"This bill (SB 1517) does not fulfill its responsibility toward Senate Bill 1517 creates the legal entity that will provide
wetlands restoration and maintenance." financial assurance of restoration and creation of
wetlands currently mandated in the Bolsa Chica Local
Trudy Herd, Cal State Fullerton, Biologist, Coastal Program/Land Use Plan. The responsibility for
Bolsa Chica Guide (130-16) restoration and creation of the wetlands is defined in the
Local Coastal Program/Land Use Plan. Senate Bill 1517
is not a planning tool.
"It (SB 1517) is still premature. Shouldn't the Department Senate Bill 1517 is not premature. It creates the legal
of Fish and Game have a chance to produce some figure entity to provide the financial structure needed for
ranges on how much they think it costs to restore and creation, restoration and maintenance of he wetlands.
maintain the wetlands? So that these figures can be These assurances of financial commitment should be in
used to secure a solid funding commitment from Signal place prior to certification of the Land Use Plan. This is
Landmark in exchange for being allowed to develop good government and a part of long-range planning, not
Bolsa Chica." a premature act.
Mary Rosnik (145-19)
33
'A marina is not a wetland. Signal has included this The assertion is not true. The marina is not counted as
(pointed to main channel area) area in their (wetland?) any part of the 915 acres of wetlands to be created,
acreage. l think it is wrong to include this acreage in the restored and maintained. Nor are the marina waterways,
wetlands, but they are saying that they're going to give it channels or basins included as wetlands. The
to us." waterways, channels and basins, however, will provide
habitat for a variety of marine life.
Luann Murray, Huntington Beach resident,
B.A. in Environmental Biology,
Ph.D. in Biology on marine wetland
organism. (148-6,16)
'Also, this area (pointed to Metropolitan Water District The "bean field" has been designated a wetlands by the
switch yard) is a bean field, not a wetland. Signal Department of Fish and Game and approved by the
doesn't own it. Im not sure how they can include this California Coastal Commission. In order to comply with
within the wetlands." the Solsa Chica Local Coastal Program/Land Use Plan,
Signal is presently in negotiations with Metropolitan
Luann Murray, Huntington Beach resident, Water District to purchase and donate the land for
B.A. in Environmental Biology, wetlands use.
Ph.D. in Biology on marine wetland
organism. (148-19)
34
"This area is going to be destoyed. What's going to The current wetlands in both Outer and Inner Bolsa Bays
happen to this area which is currently functional will not be cut off by the ocean entrance or the marina.
(wetlands) when this is cut off to construct the marina?" Inner Bolsa Bay will be substantially enlarged. The
Department of Fish and Game has indicated its support
Luann Murray, Huntington Beach resident, for the planned navigable ocean entrance to enhance the
B.A. in Environmental Biology, existing ecological reserve.
Ph.D. in Biology on marine wetland
organism. (149-25)
35
l
Earthquake
'All of these reasons, which I have so far heard (from the "With regards to flooding, a 100 year flood like that one
six prior public speakers), are valid and should be that built Balboa Island in one shot in approximately
sufficient -- sufficient singly and certainly in combination 1829, can be expected to turn the Bolsa Chica lowlands
by themselves to prevent any development from ever into an inland lake." (84-10)
occuring in the Bolsa Chica." (82-14)
"In view of these (earthquake shaking and flooding) and
other hazards not discussed, development of this area
"lt is my professional opinion, as it would be of any would be unconscionable and irresponsible."
competent professional geologist, that the Bolsa Chica is (84-15)
one of the most dangerous areas in California which
could be considered for development." (82-25) 'Anyone who has the information which you have just had
presented to you (regarding earthquakes shaking and
"There are a number of geologic hazards and problems flooding hazards)...and who nevertheless provides
associated with the area. The worst of these hazards are support -- and does not work to defeat the development
those associated with earthquake shaking and flooding." of such an area as Bolsa Chica -- there is a heavy moral,
(83-7) if not legal, personal responsibility for the loss of life,
injuries, the property damage and the continuing costs
"The geological literature is full of examples of a loss of which will inevitably result from that
life and property associated with these hazards alone in development." (84-23)
areas like the Bolsa Chica." (83-11)
Dr. Robert Winchell, Professor of Gelogical
"The Bolsa Chica is extraordinary with regard to Sciences, Cal State Long Beach
earthquake hazards because the Newport-Inglewood
Fault Zone crosses this area." (83-14)
'Areas like Bolsa Chica...have in the past and can be
expected in the future to account for disproportionally
high proportion of these (projected) losses."
(84-1)
"It is especially instructive to note that in 1933, Compton,
which is built on manmade fills over old saturated
lagoonal depositis, was effectively leveled as a result of
having been built on these materials. this is exactly the
situation which would have to exist for development, if
development of Bolsa Chica is to occur."
(84-4)
37
�1
Dr. Winchell addresses major concerns that face many County and State of California Department of Mines and
areas of the west coast, and especially California. We Geology are already on record as being satisfied that
agree that, if left unstudied or unmitigated, or if these these issues have been adequately addressed and that
concerns are not reflected in appropriate designs and solutions to these concerns exist.
land use configurations, the development of the Bolsa
Chica area, particulary the lowlands, would be ill-advised.
The issues of seismicity (ground movement/shaking)
from earthquakes, fault line displacement and
subsidence are all important. They have been studied,
evaluated and addressed, and it has been determined
that manageable and affordable solutions exist in
conventional technology for all of these concerns.
Much of Orange County, and in fact significant portions
of Huntington Beach, have been developed over the
years with little or no consideration for these concerns.
Remedial actions have not even been taken. These
areas are likely to be at much greater risk than the Bolsa
Chica development. Note that only a portion of the Bolsa
Chica project occurs in the geotechnically difficult and
floodable lowlands; the balance of the project lies on
mesa areas well elevated from the majority of these
hazards.
From a geotechnical standpoint, Bolsa Chica has been
studied more intently than almost any other piece of
property, on an acre-by-acre basis, west of the
Mississippi. Woodward-Clyde Consultants (WCC), Earth
Technology Corporation, LeRoy Crandall and
Associates, and many other well-respected geotechnical
firms have done numerous and significant studies at
Bolsa Chica over the past 18 years.
All of their efforts, reviewed and concurred with both by
the County of Orange and the State of California, have
been made public and have, in fact, been provided to Dr.
Winchell. Only some additional just-completed details of
our fault studies (which are concluding the last of the
Alquist-Priolo requirements) are currently under review
by the California Department of Mines and Geology. The
38
i
Ocean Entrance
Sand Bypass
"Because of the constant movement of sand from north to
south, a very elaborate and very expensive, estimated to A sand transfer bypass system will be installed but is not
be $1.0 to $2.0 million yearly, sand bypass system would considered revolutionary in nature, nor costly. The U.S.
have to be installed." Army Corps of Engineers has studied a variety of models
currently in use and added improvements to facilitate
Adrian Morrison, Executive Coordinator, engineering design. Actually, sand moves both north
for Amigos de Bolsa Chica and south along the coastline on a seasonal basis due to
(59-20) storm, wind and tidal action.
'As of yet no one, including the Corps. of Engineers, has
been able to give us examples of successfully operating The statement is not accurate. The existing
sand bypass systems anywhere in the world." Surfside/Sunset to Newport Pier sand replenishment
system, which presently maintains and mitigates sand
Adrian Morrison, Executive Coordinator, erosion from Bolsa Chica State Beach and Huntington
for Amigos de Bolsa Chica Beach, is one of the most successful sand management
(59-24) systems.
The beach nourishment program conducted by the
Corps of Engineers since the construction of the
Anaheim Bay jetties has resulted in a net buildup of
beach from Sunset Beach to the Huntington Beach pier.
This has occurred despite a long-term general offshore
subsidence of the area as well as natural and wave
erosion.
Other examples of successful sand bypass systems in
California include:
Channel Islands Harbor, which bypasses more than
one million cubic yards per year, maintaining
downcoast beaches.
Santa Cruz and Santa Barbara, where sand bypassing
has stabilized the flow of sand.
40
"The City of Oceanside, which is located in the littoral cell The sand bypass facility at Bolsa Chica will not be the
exactly as Huntington Beach is placed in their littoral cell, same as that used in Oceanside, nor will the proposed
has been struggling for over 40 years to solve their ocean harbor entrance be of the same design or
erosion problems which were all created by a similar configuration.
boating channel out through their beach."
The littoral cell is not the same. Bolsa Chica's coastline
"We are told that this too (the system for the Bolsa Bay is more stable in terms of oceanography, geology and
ocean entrance) is to be the same sand bypass geography.
demonstration system (as used at Oceanside)."
Adrian Morrison, Executive Director,
for Amigos de Bolsa Chica
(60-1) (60-10)
"The (Bolsa Bay) plan will destroy 25 percent of Bolsa The maximum loss to surfing because of the Bolsa Bay
Chica State Beach directly by the breakwater and navigable ocean entrance is estimated at about 18% of
another 25 percent indirectly through sand the Bolsa Chica State Beach strand. It is unclear how
management." sand management would "destroy" an additional 25% of
surfing opportunities.
Tom Pratt, Surf Rider Foundation
(70-13)
41
"It's a proven fact that jetties cause erosion; piers save There is no substantiation for the statement that jetties
beaches;jetties destroy beaches. It's a simple fact, every cause erosion and destroy beaches. Piers may help
jetty that's been built in California has destroyed a save beaches in the same way that jetties and
beach." breakwaters block wave action during tidal surges,
normal wave action, rip tides and storm activity. Jetties
Steve Holden in other areas of California's coast have helped to
(77-10) stabilize beach areas. Beach sand is lost when water
conservation and flood control projects are built inland,
preventing sand from being carried downstream to the
coast for natural beach replenishment.
"Sand replenishment is an expensive dirty word. Our Unfortunately, beach sand is not "free." The sand supply
beaches are the envy of everyone in the world. We have to the littoral cell from Anaheim Bay to Newport Beach
tons and tons of beautiful free sand supplied by Mother stems from artificial sources. These sources cost about
Nature." $1 million a year and are shared between local agencies
and the federal government. The moving of sand is
Steve Holden absolutely necessary with or without the planned ocean
(77-19) entrance at Bolsa Chica and is presently being
administered under the federal program. Senate Bill
1517 adds another contributor to the cost of the existing
sand supply and requires that 100% of any additional
costs of this artificial sand supply resulting from the
proposed ocean entrance be absorbed by the district.
Senate Bill 1517 serves to reduce the cost of the sand
supply program to existing local agencies and their
citizens.
42
"The Corps of Engineers does not determine what the This statement is incorrect. On the contrary, the Corps
effects will be on the City beaches when an ocean of Engineers, at its Waterways Experiment Station,
entrance is cut through this priceless resource. What Vicksburg, Mississippi, is using very sophisticated and
impact will our beaches suffer with sand erosion." technically advanced mathematical models to account
for potential effects on adjacent beaches of an ocean
Shirley Detloff, Resident entrance. Furthermore, the "priceless" beaches do have
(111-14) a price, paid periodically by the local, state and federal
jurisdictions to replenish the existing sand lost offshore
due to natural and urban processes.
If installed (the proposed jetty and channel) they will Beaches at Bolsa Chica and Huntington Beach have
start a process called accretion and erosion. The beach been accreting for a number of years, apparently
north of the jetties will begin to widen, as I believe has because more sand has been placed on the "feeder
been happening is Sunset Beach. Haven't those beach" at Surfside than appears to be required for
beaches been growing outwards already because of stabilizing the sand cell at Newport Pier. The reflection of
jetties? And the beach to the south will begin to erode waves off the Anaheim Bay jetty causes an accelerated
away." erosion which triggers the need for sand replenishment
adjacent to the jetty. The excess sand has been
Carlton Jones, civil engineering student accumulating at Surfside.
Cal State Long Beach (121-15)
The beach south of the proposed harbor entrance at
Bolsa Chica will not erode with a proper sand transfer
system and nourishment program as is planned for the
project.
43
I personally talked to representatives of the Army Corps. This speaker apparently has confused two Corps
of Engineers when they were here late last year. They studies. The Corps at the Los Angeles district is studying
told me that they were only being asked to study whether project feasibility. The Corps studies at Waterways
this development was possible. They said they were not Experiment Station are examining potential results of
looking into long term consequences of the development. placing an ocean entrance at Bolsa Chica, using a
They were only going to see if it was possible to do it, but combination of physical and numerical modeling. As
not whether it might cause troubles afterward." problems are identified, additional studies will address
issues in more detail. Sufficient information and data
Carlton Jones, Civil Engineering Student must be obtained to satisfy the California Coastal
Cal State Long Beach (121-21) Commission that the Bolsa Chica navigable entrance will
have "no substantial, unmitigable adverse effects on
shoreline beaches abd littoral processes." (Local Coastal
Program Policies, pp. 11-7). As for long term effects,
engineers are including data that will address future
impacts.
'Senate Bill 1517 would also exempt this Special District This statement is incorrect. On the contrary, Section 509
from its responsibility to replenish the beach sand eroded of Senate Bill 1517 specifically designates this special
by the project." district and establishes its responsibility to replenish
beach sand eroded as a result of the project.
Trudy Herd, Cal State Fullerton,
Biologist, Bolsa Chica Guide
(130-13)
44
Ocean Entrance
Other
I
"Last year's summer month auto counts at Bolsa Chica This statement is inaccurate. Official visitor attendance
were very revealing. In the month of June (1987) they reports from the California Department of Parks and
had 295,400 cars; in July - 383,750 cars; in August - Recreation clearly show those figures as total number of
468,300 cars. Now that's not people, that's automobiles, persons, not cars, using Bolsa Chica State Beach during
This is just the number of cars that went through the State each of those three months.
Beach."
What is equally revealing is that the three summer
Adrian Morrison, Executive Coordinator, months constitute 54.9% of the total number of people
Amigos de Bolsa Chica (58-19) visiting Bolsa Chica State Beach during 1987. If the
summer attendance figure is expanded to include May
and September, the summer season then comprises
74.0% of the total sttendance at Bolsa Chica State Beach
during 1987.
"The breakwater can only be permitted if the (California
Coastal) Commission, after public hearings, finds based This statement is partially correct. However, two key
upon substantial documentation that it is the least concepts have been omitted. The Commission must
environmentally damaging alternative, that it will have no consider the "...least environmentally damaging, feasible
adverse impacts on sand supply, beach profile or alternative..."; feasible includes, under the Coastal Act,
recreation values of any of the beaches in the area." considerations of a social, technical, environmental, or
economic nature. Further, the Local Coastal
Tom Pratt, Surf Rider Foundation (69-7) Program/Land Use Plan clearly states that any adverse
impacts must be "mitigated to levels of insignificance, or
eliminated"; it is inaccurate to say that there are no
adverse impacts allowed. The whole point of California
Environmental Quality Act (CEQA), the Coastal Act, and
similar laws and regulations is to minimize or eliminate
undesirable effects.
46
"Dredging a large portion of the fragile mud of the It is simply inaccurate to suggest that a wetlands system
wetlands will severely damage the entire wetlands:" will be destroyed by moving earth in and around it.
Upper Newport Bay was recently enhanced by the
Dave Weisbart (99-2) movement of natural silt that had flowed down from the
hills. Many other saltmarshes and wetlands habitats
have been enhanced in California and other states.
Nearby examples include the National Wildlife Refuge at
Anaheim Bay and Seal Beach, the Batiquitos Lagoon,
Chula Vista, and others, north and south of Orange
County along the coastline.
"Number one (loser from the project is) the beachgoing The Bolsa Chica Local Coastal Program will actually
public. Because of that breakwater they lose miles of the enhance the beach area, provide better access, raise it
finest beach in California. What use to be a lovely beach, above existing storm levels, provide more parking and
and is today, will become a no-man's land with still, oily protection of the environment under the California
water filled with trash... This will replace what is Coastal Act. Beach area may actually be increased, and
presently a very, very nice area to sun, surf and swim." other improvements should improve the level of
environmental protection. As an example, water quality
Scott Jordan, resident, home owner, of the flow from the East Garden Grove-Wintersburg
physicist and businessman Flood Channel will be vastly improved by debris traps
(102-10) and flood gates moved upstream.
47
t
u II
The proposed plan would also sever the remaining There will be no interruption of lifeguard and other
Bolsa Chica beach area into two segments eliminating emergency services. In fact, the modern communication
efficient lifeguard and emergency service (and) systems now in use by various agenices are
eliminating efficient use of the much limited parking state-of-the-art models that speed emergency crews to
area." locations wherever they are needed. Portions of the
up-coast beach may actually have better access to a fire
Greg Page, Huntington Beach resident station at Warner Avenue.
(114-12)
"The current demands on this beach resource are so Official attendance records of Division 4, California
high that on a typical summer day Bolsa Chica State Department of Parks and Recreation and Marine Safety
Beach has reached capacity by just after noon...Cleary Division, Huntington Beach, do not support this
the current beach area is inadequate for demand and no statement. For the month of August 1987, attendance at
portion of this area can afford to be lost." Bolsa Chica State Beach was less than half the
attendance for the same month in 1986. Again,
George Page, Huntington Beach resident attendance at Bolsa Chica State Beach is significantly
(114-18) lower per beach mile than Huntington State or City
Beaches. Parking capacity appears to be the limitation.
Additional parking provided by the Bolsa Chica project
may actually improve the utilization of Bolsa Chica State
Beach.
48
It's proven over and over again, and I think earlier Santa Cruz is not Orange County, nor is it the same plan
speakers have spoken to the problem of breakwaters. that is proposed for Bolsa Bay. The Bolsa Bay Local
We have an example in Santa Cruz, up our way, of that Coastal Plan will actually avoid the problems that
very problem." occurred at Santa Cruz, which incidentally, have been
mitigated; the beach is now stabilizing. The sand bypass
Emily Renville, Palo Alto Councilmember system proposed for Bolsa Chica will be engineered to
(117-2) enhance the beach replenishment process.
"Right now there's only one channel emptying the Huntington Harbour is not a source of sand or sediment.
Huntington Harbour/Bolsa Chica area and that's by the Two flood control channels presently empty into
Naval Weapons Station. if that flow of water is divided in Huntington Harbour, adding to a shoaling problem that
two ways it will no longer be able to carry as much occurs from time to time in Harbour channels. The
sediment... all the sediment out in (both) channels. This navigable ocean entrance to Bolsa Bay will allow the East
new one and the present channel will begin to sand up Garden Grove-Wintersburg channel to empty directly into
and very expensive dredging will be the result." the sea, without its flood waters dumping debris and
sediment into the Harbour.
Carlton Jones, civil engineering student,
Cal State Long Beach (122-11) The navigable ocean entrance to Bolsa Bay will require
maintenance, as does any channel, lake, stream or any
body of water. This expense has been accounted for in
the Bolsa Chica project fiscal studies.
49
'A small non-navigable channel might stay open because The non-navigable channel would very likely silt up
it would have a higher velocity because it was smaller, during certain periods of every year. This conclusion
but a large navigable opening would have a very low was reached by every marine engineer who looked at the
velocity because it would split such a large amount of question, including Phil Williams (for the California
water from the other opening. And both the new channel Coastal Commission and Conservancy), Santina and
and the old channel would tend to sand up, and could Thompson (for the Conservancy), Moffatt and Nichol (for
cost a lot of money for dredging." the County and Signal), and the U.S. Army Corps of
Engineers Waterways Experiment Station -- as part of
Carlton Jones, civil engingeering student, their current contract for the State Lands Commissions.
Cal State Long Beach (122-23) Again, the expense has been accounted for in the fiscal
studies.
"This bill (SB 1517) allows...a thousand foot section to be Senate Bill 1517 does not allow a channel to be cut
cut through what is called the second most popular through Bolsa Chica State Beach. It should not be
beach in California." confused with the land use permitting process, The
County of Orange and the California Coastal
Trudy Herd, Cal State Fullerton, Biologist, Commission have made decisions regarding the Bolsa
Bolsa Chica guide (130-8) Chica Land Use Plan and approval of the navigable
ocean entrance.
Further, it is inaccurate to characterize Bolsa Chica State
Beach as the "second most popular beach in California."
It is not even the second most popular beach in
Huntington Beach. Both Huntington State Beach and
Huntington City Beach have more attendance, both in
total numbers and attendance per mile.
50
Recreation
"Senate Bill 1517 provides no mention of the word
recreation. However, the Land Use Plan states that the Recreation and restoration of the wetlands are keystones
plan shall protect existing swimming, surfing, and beach of the entire development. Senate Bill 1517 enables
enjoyment opportunities." legislation to form the Bolsa Bay Harbor and
Conservation District. It is a mechanism through which
Tom Pratt, Surfrider Foundation the district will provide financing of improvements in the
(69-19) Bolsa Bay development, including recreation facilities
and a regional park, for a long time to come. Senate Bill
1517 is not a planning intrument. The Local Coastal Plan
will protect the public's interest in Bolsa Bay through
such agencies as the California Coastal Commission, the
County of Orange, and eventually, the City of Huntington
Beach.
"The plan will disconnect the Class 1 bicycle trail and
pedestrian path along the beach."
The existing bike trail will be modified, but only to the
Tom Pratt, Surfrider Foundation extent that it will be re-routed over the new ocean
(70-11) entrance channel. The elevated route will afford an even
more spectacular view of the area, including the beach,
V just wanted to say that an awful lot of people in waterways, wetlands and marina.
Huntington Beach are extremely concerned about...the
loss of the bike path. In my opinion the view from the
bike path is one of the prettiest in the whole world and I
just hope it's always there so we can enjoy it."
Corren Bobdonovich, resident
(142-17)
'Sometimes when I come down (to Huntington Beach to
sun`) I bring my girl friend. I use to; she dumped me. But
she used to take her bike and she goes down the bike
path...but there isn't going to be a bike path anymore,
that's going to be an end."
Bob Edmondson, Long Beach
(91-13)
52
The Bolsa Bay plan will not require the beaches to be
"The beach will be black balled (closed to hard board closed (black balled) to surfing. The State and City of
surfers) every day in the summer." Huntington Beach routinely designate areas where hard
board surfing is prohibited in order to protect swimmers
Tom Pratt, Surfrider Foundation and other water sport participants. Black balling is not
(70-16) mentioned in the Bolsa Chica Local Coastal Program,
nor is there any relationship between Senate Bill 1517
and the black balling of beaches.
"The people that have (set land aside for open space, for The Bolsa Bay Plan will include one of the largest
parks) historically almost always been looked on as the wetlands habitat restoration projects ever attempted in
people who carried out their obligations to prosperity and California. Currently, the wetlands are degraded or
did what was in the true long term interest of their neglected. The state has managed to restore about 174
community. And it seems to me they've always been acres. The Bolsa Bay Plan will restore, protect and
lauded for it. enhance the wetlands, increasing them to some 1,000
acres, to be managed by a public agency, providing for
Rick Rowe, History Professor long term public benefit. Added to that will be 60 acres of
(103-9) public waterways bordering the wetlands reserve, a 148
acre regional park along its southern border, and a 30
acre aquatic park
53
"...Not to mention the loss of the recreational beach and There will be little lost in surfing area and actual
the danger of (to the) bathers and the surfers is revolting expansion of so-called quiet water areas for the
to me." enjoyment of swimmers, waders and other water sport
participants. Public recreation includes a myriad of
Melvin Weisbart, Resident activities, surfing being only one among them. The
(110-1) majority of beach users are not surfers. The Bolsa Bay
Plan, however, does not descriminate against surfing.
"The proposed plan would eliminate valuable public This statement is simply untrue. The Bolsa Chica Land
recreational resources, require large expenditures of Use Plan as approved by the County and the Coastal
public funds and would give the public nothing in return." Commission provides for a much increased variety of
recreational uses. Senate Bill 1517 provides the
Greg Page, Huntington Beach resident mechanism to finance public improvements and maintain
(113-5) them for years to come, and further contains those costs
to the project itself, with those who use and benefit
directly from the project paying for it. Senate Bill 1517
protects the local tax payer from any burden for the
Bolsa Bay improvements.
54
"The loss of surfing activities is not limited to people as On the contrary, the amount of deep waters for the
the local dolphin schools are often seen surfing along dolphins to swim in will be increased. Also, as many
side their human counterparts (and they) would also lose boaters know, boat wakes and bow waves offer a place
this part of their habitat." for dolphins and porpoises to frolic, and these wonderful
marine mammals often travel out with larger vessels
Melvin Weisbart, resident along the coast. The surfers, too, won't be gone, just in
(114-7) a different part of the shore in the very same area.
"How can you possibly consider a harbor district bill Ms. Kathryn Stone Esq., the City's special counsel,
before you've studied how such a harbor would impact testified on February 11 to the City Council that "SB 1517
the recreational use of the area. This is a requirement is project neutral." Senate Bill 1517 serves only as a
stated in a Bolsa Chica Land Use Plan under Policies funding mechanism to implement such a land use plan
23b through 26." as is ultimately adopted by the County of Orange and the
California Coastal Commission. As it is now conditionally
David Mollar, Huntington Beach resident, approved, the Bolsa Chica Coastal Plan will greatly
Chairman of Surfrider (139-25) increase recreational opportunities in the area at no cost
to existing local tax payers. The impacts of the plan on
recreational uses will be studied further as a part of the
Local Coastal Program process.
55
"The developers say that this stretch of beach is better Signal Landmark, Inc. has not made representations that
used by boating enthusiasts and that the public would any recreational use is better than another. Instead, the
rather have a beach with no waves. All you have to do is Bolsa Chica Local Coastal Plan strives to offer many
compare the attendance of Bolsa Chica with that of a different types of recreation, for people of all income
similar length of beach at Long Beach and you'll see that levels and interests, not just the local surfing community.
people like to go to a beach with waves."
David Mollar, resident and Chairman of
Surfrider Foundation Board (140-5)
Sailing and motor boating are not limited to the wealthy,
but are enjoyed by many thousands of southland
residents from all walks of life. The provision of trailer
boat launch ramps will certainly appeal to small boat
"Those in the low to middle income brackets don't go to owners who presently find it difficult to find uncrowded
the beach to watch the wealthy cruise by in their opportunities to use crafts.
sailboats and yachts."
Furthermore, opportunities to visit harbor facilities, such
David Mollar, resident and Chairman of as Long Beach, Newport Beach and Dana Point, draw
Surfrider Foundation Board (140-10) millions of visitors each year, at little cost to low or
middle income individuals who enjoy the atmosphere and
activities related to the coastal environment. The passive
use of marina shoreside recreation is particularly
attractive to older citizens who no longer find it enjoyable
to engage in beach related activities, and to families with
small children who find the surf too dangerous for
swimming.
56
Traffic
"The reroute (of Pacific Coast Highway) would take the The proposed reroute of Pacific Coast Highway and the
highway over a new bridge to be paid for at public provision of a new bridge over the Bolsa Bay Harbor
expense while only adding thousands of additional cars channel will not add additional vehicles to the raodways.
to the roadways which are already at maximum capacity The bridge is to be financed through federal cost sharing
during peak hours." which is to be repaid from revenues generated from the
Bolsa Chica project as well as gas tax funds earmarked
Adrian Morrison, Executive Coordinator, for the purpose.
Amigos De Bolsa Chica (60-13)
The Bolsa Chica Coastal Plan calls for completion of
planned arterial highways which are now blocked by the
vacant property. It is expected that these additional links
;And what impacts do we face with the increased traffic through the property will help ease the overall flow of
on our road system?" traffic in and around the.project area.
Shirley Detloss, resident The Bolsa Chica project will be phased for development
(111-17) over 15 to 20 years and the incremental increases in
traffic through the area will be relatively small in
comparison to the projections for future traffic even
without the project.
58
"The thing that really bothers me about this whole thing is If a parochial view such as this had prevailed in the past,
we don't need 5,700 more homes and an additional the very home this resident now occupies may not ever
11,400 cars clogging up our streets and freeways. have been built.
Melvin Weisbart, resident (109-16) Private lands carry certain development rights and
considerations. What is important is how successfully to
address and mitigate any adverse effects from new
development. A great number of years have gone into
the study of this project, and that study continues today
in an effort to evaluate and design solutions for these
very concerns.
'And the thought of rerouting Pacific Coast Highway and As with any project, limited amounts of short-term
tying up Warner Avenue during the construction..." inconvenience are sometimes associated with
construction activities. These will be carefully planned
Melvin Weisbart, resident (109-24) and staged to minimize, or avoid entirely, significant
traffic difficulties on local roads.
59
Vt (SB 1517) would reroute Pacific Coast Highway (which There is a great deal of confusion about Senate Bill 1517,
would) decrease the scenic beauty and increase traffic due, perhaps, to the nature of the public hearing itself.
and noise." SB 1517 will not reroute Pacific Coast Highway. The
Bolsa Bay plan, as approved by the California Coastal
Trudy Herd, biologist, Commission and Orange County Board of Supervisors,
Cal State Fullerton (130-11) calls for improvements to PCH which will include raising
its level above existing flood stage, a bridge over a new
ocean entrance, and other improvements to facilitate the
flow of traffic. The plan ensures pleasing designs and
openness of form. It will not increase traffic congestion
or noise.
Senate Bill 1517 is only enabling legislation to form the
Bolsa Bay Harbor and Conservation District to help fund
public improvements, restore the wetlands, and protect
environmental concerns. If anything, the improvements
will enchance scenic beauty at Bolsa Chica.
"You as councilmembers have done an admiral job in Again, Senate Bill 1517 does not address the traffic
wading through this dense bill and then pin pointing the circulation plan that will be implemented under the Local
shortfalls of this bill. Councilman Bannister with his Coastal Plan for Bolsa Bay. The coastal plan has
concerns for lack of even minimal traffic impact studies." addressed concerns about traffic. Studies are still
ongoing. Traffic circulation will be considered, and all
Mary Rosick (145-2) problems will be mitigated prior to any development.
Senate Bill 1517 only enables legislation to provide a
funding mechanism for future public works and other
"Shouldn't we have some solid traffic data before improvements.
creating a mini city on busy Pacific Coast Highway?"
Mary Rosick (145-17)
60
V use to like to go to the beach and lately, what's the Traffic congestion today is the result of inadequate
point. You'll be lucky to get a parking place. So if this funding of highway construction to keep up with
(the Bolsa Bay project) takes place, I can't even get out population demands. The Bolsa Bay Plan will address
of my tract. If you take 11,000 cars and you put them on traffic flow and circulation. Pacific Coast Highway will be
the road at the same time and they require, say 30 feet, widened, parking expanded, and provisions made to
you're talking about 300,000 feet of cars. I mean that's --- handle all local resident needs. The development will
if you divide 5,000 feet into that you're looking at about 60 include a carefully planned network of roads to handle
miles of cars." local traffic flow, as well as new bike and hiking trails to
Jan Vllesnick, resident (133-24) provide access to the beach without using cars.
61
Miscellaneous
i
"Tin-Can beach was cleaned up with our public money. The beach along the area now known as Bolsa Chica
Now we want to share it and keep enjoying it. State Beach has been cleaned up over the years by both
the private and public sectors. The enactment of Senate
Adrian Morrison, Executive Coordinator, Bill 1517 will not preclude use of Bolsa Chica State
Amigos de Bolsa Chica (59-15) Beach. It will assist in the development of many
additional public recreational opportunities, as well as the
creation and restoration of 1,000 acres of viable wetlands
and habitat.
"Mervin Field California Poll, which appeared in the
Orange County Register about a month ago. In this poll The Bolsa Chica Local Coastal Program/Land Use Plan
Californian's were asked, do you support more does precisely that. It restores a degraded wetlands. It
environmental protection even at the expense of growth? takes the existing reserve and triples its size. Senate Bill
The response was overwhelming 76% yes, in favor of 1517 provides a legal entity for financing, maintaining and
more environmental protection and only 16% no." operating the increased wetlands.
Charles Falzone, Huntington Beach
Resident (65-8)
i
I
63
"It may come as a surprise to many of the citizens of Over the past two decades, citizens of Huntington Beach
Huntington Beach, this Council has already voted to have frequently spoken before the City Council regarding
endors the County's Land Use Plan for the Bolsa the land use at Bolsa Chica. Likewise, during the past
Chica,and did so last summer without benefit of a public year, citizens have spoken before the Council regarding
hearing. This evening will be the first opportunity for the Senate Bill 1517. The minutes of the City Council
citizens of this City to speak to that issue, which this City meetings are public record and reflect the citizen input.
council has nearly taken away from them." The Huntington Beach City Council has not denied its
citizens a forum in which to discuss the subject, even
Victor Leipzig, President, though the Bolsa Chica is outside its jurisdiction.
Amigos de Bolsa Chica (66-21) Furthermore, numerous workshop meetings of the
County's Bolsa Chica Advisory Committee have been
held in Huntington Beach City Hall and have had the
participation of many local citizens and interest groups.
i
"The developers want to take control and not allow public The Bolsa Chica Local Coastal Program/Land Use Plan
opposition to get in the way of their plans." is conditionally certified through a public process. This
process allows for opposition to voice their concerns. j
Tom Pratt, Surfrider Foundation Senate Bill 1517 does not take anything away from this
(70-8) process, nor does it give the developer "control."
I
I
64
"There can be but one reason to develop the Bolsa Chica This statement ignores both the environmental benefits
and that is to profit the landowner, the developer and real gained through the Bolsa Chica Local Coastal
estate interest." Program/Land Use Plan and Senate Bill 1517, and
private property rights guaranteed by our Constitution.
Dr. Robert Winchell,
Professor of Geological Science,
Cal State Long Beach
(84-17)
"The Signal Landmark Company would have you believe Signal Landmark Inc. has at all times factually reported
that the completion of this project is endorsed by every those individual officials and governmental bodies who
politician in Orange County." are on the record in support of the Bolsa Chica Coastal
Plan. If someone has drawn the conclusion that all
Charlotte Clark, Member, politicians in Orange County support the plan, it might be
Mangement Committee of because numerous public officials and citizens recognize
Orange County Section, Sierra Club the importance of the benefits the public will derive
(90-3) through the project.
65
"It is possible to put a channel underneath Warner, but Signal Landmark Inc. has made no such statement. The
apparently Signal Landmark doesn't like that because it option of a channel under Warner Avenue has been
has something to do with what they can sell their houses studied. A new ocean entrance is superior for marsh
for. restoration, flood control and water quality. The State
Department if Fish and Game has communicated a
Art Powell (106-16) preference for the navigable ocean entrance for
increased wetlands nurturing.
"Plus the additional cost of more police and fire Senate Bill 1517 provides a financial mechanism to fund
departments, not to mention the additional garbage and the costs of police and fire departments without
pollution and stuff that would be created. And I'm sure additional cost to the surrounding community. In
that this channel is going to dump a lot of pollution into addition, the district is authorized to enter into contracts
the beach itself." with the surrounding community to pay for any costs of
additional "garbage and pollution and stuff that would be
Melvin Weisbart, Huntington Beach created."
Resident (190-19)
66
"You are asked to support a projeet when important Signal Landmark Inc. is not aware of any studies being
studies on this project still have to be completed. There withheld from the public. Perhaps the speaker could
are completed, consultant studies, that have been provide all of us with any "secret" studies that she feels
witheld from you and the public. Studies that could are pertinent to discussions about Senate Bill 1517.
influence your decision tonight."
Shirley Detloff, Huntington Beach resident
(111-11-20)
"(Referencing Peter's Landing) (Many places) closed. All commercial centers experience turnover in their
It's an economic failure in my eyes, and why open up stores. Peter's Landing is no exception. Many of the
anther one. It's not going to put any money any were if stores, particularly the restaurants, are very succesful.
nobody can succeed in business."
Jan Wesnick, Huntington Beach Resident
(134-12)
"They (the Council) need to stand strong and tell the There is nothing in Senate Bill 1517 which prevents the
state, tell Signal the rest of them, we like it the way it is. City Council from expressing their position concerning
This is our community. We really don't need the outside the Bolsa Chica or any other issue. The Bolsa Chica,
coming in." however, is not within the City of Huntington Beach, and
yet the speaker is concerned about "outsiders." Just
Cary Dolton (95-8) who are those "outsiders."
67
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7
MARIAN BERGESON AGFiC
ES
SENATOR
THIR`l SEVENTH DISTRICT
' CHAIRMAN
LOCAL GOVERNMENT COMMITTEE
May 31 , 1988
Honorable John Erskine , Mayor MAY
City of Huntington Beach L1,088
2000 Main Street 'CITY OF HUNTINGTO
Huntington Beach, CA 92648 CITY COUNCI,LN BEACI-I
OFFICE
RE : Senate Bill 1517
Dear John:
This letter and the enclosed information are offered in response
to the City staff ' s recommended action for tonight ' s City Council
meeting. While we are prepared to make a formal presentation to
the Council at a public hearing on June 9th or June 16th , as had
been discussed , this information will serve as our input for the
Council meeting tonight .
0
As the author of SB 1517 , it has been my goal to serve in a
liaison capacity between the City , the Bolsa Chica project
proponents , and the various state agencies interested and involved
in this effort . Consequently, SB 1517 offers protections for the
City which I have fought for and insisted upon throughout the
negotiation process .
I would reauest that the Council consider very seriously the facts
presented in the enclosed materials , the key role that the City
has played in the negotiations on this legislation, and the
protections offered the City through SB 1517 . It would be our
hope that an opportunity to respond in full to the current views
of the City would be provided , at the previously-agreed-to public
hearing , prior to a vote of the Council on SB 1517 .
Cordially ,
MARIAN BERGESON
Senator , 37th District
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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 to
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 this 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.
hle4oeloo7 (--140�e
❑ CAPITOL OFFICE STATE CAPITOL,SACRAMENTO, CA 95814 TELEPHONE: (916)445-4961
❑ ORANGE COUNTY 140 NEWPORT CENTER DRIVE, SUITE 120, NEWPORT BEACH, CA 92660 TELEPHONE: (714)640-1137
❑ IMPERIAL VALLEY 1101 AIRPORT ROAD, SUITE C, IMPERIAL, CA 92251 TELEPHONE: (619)353-8244
❑ WESTERN RIVERSIDE/ TELEPHONE: (714)676-6808
NORTHEASTERN SAN DIEGO COUNTIES
Hawthorne Development Company
May 31, 1988
City of Huntington Beach
2000 Main
Huntington Beach, CA 92648
Dear City Council Members :
The purpose of this letter is to urge the Council to stand firm
on their support of Senate Bill 1517 . Senate Bill 1517 is a
responsible and comprehensive piece of state legislation.
Senate Bill 1517 is environmentally, financially and
recreationally responsible.
It provides for wetlands restoration and maintenance, ocean
entrance and beach protection, public recreational harbor
funding for wetlands restoration and water, sewer and flood
control improvements .
Senate Bill 1517 clearly benefits all the public . I urge you
to support Senate Bill 1517 .
Sincerely,
le. a
Richard A. Hawthorne
President
ct
23232 Peralta Drive Suite 100 Laguna Hills, CA 92653 (714) 859-1000
AGENDA
CITY COUNCIL
CITY OF HUNTINGTON BEACH
Council Chamber, Civic Center
Thursday, June 9 , 1988
o 5 : 30 P.M.
A. CALL MEETING TO ORDER
B. ROLL CALL: Winchell, Mays, Finley, Kelly, Erskine, Green,
Bannister
C. PUBLIC HEARING - PROPOSED STATE LEGISLATION - SENATE BILL
1517 (BERGESON) - BOLSA BAY & HARBOR CONSERVATION DISTRICT
Public hearing to consider 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.
Under SB 1517, the proposed district would provide for
implementation of a certified Bolsa Chica Local Coastal
Program by construction of an ocean entrance and small craft
harbor and related facilities; 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.
Recommended action:
1 . That the City Council respectfully request Senator Marian
Bergeson to withdraw SB 1517 from consideration by the
State Legislature for an indefinite period of time until
all technical studies and planning matters with regard to
the Bolsa Chica have been considered and acted upon by the
appropriate governmental agencies .
2 . If SB 1517 is not immediately removed from consideration
by the State Legislature, that the City Council send a
letter to Senator Bergeson, Assemblyman Sher, and other
appropriate state legislators and officials expressing
strong opposition to SB 1517 for the reasons set forth in
this RCA.
3 . That if SB 1517 is considered by state legislative
committees, a contingent of City Council persons appear
before these committees to express the City Council ' s
united opposition to SB 1517 .
ADJOURNMENT - to Monday, June 20, 1988
ALICIA M. WENTWORTH, CITY CLERK
REQUEST FOR CITY COUNCIL ACTION
Date May 26, 1988
Submitted to: HONORABLE MAYOR AND CITY COUNCIL
Submitted by:
PAUL E. COOK, City Administrator
Prepared by: JAMES W. PALIN, Deputy City Administrator
RICH BARNARD, Asst. to City Administrator
Subject: THE BOLSA BAY HARBOR AND CONSERVATION DISTRICT
SB 1517
Consistent with Council Policy? [xx] Yes [ ] New Policy or Exception
6 -
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The final draft of SB 1517 (May 19, 1988) has been reviewed by city staff and special
counsel and it is very clear that the latest changes incorporated into the Bill have eroded
the protections that the city has fought to have included within the bill. The beach
erosion and wetlands protections have been weakened, the costs and who bears them are
even more vague, and the district is given even broader municipal—type taxing powers that
could supercede the city's or the people's governing authority.
Senate Bill 1517 is rescheduled for hearing by the Assembly Natural Resources Committee
(A.N.R.C.) on June 20, 1988, therefore 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 other appropriate Government Officials.
RECOMMENDATION:
1. That the City Council respectfully request Senator Marian Bergeson to withdraw SB
1517 from consideration by the State Legislature for an indefinite period of time until all
technical studies and planning matters with regard to the Bolsa Chica have been
considered and acted upon by the appropriate governmental agencies.
2. If SB 1517 is not immediately removed from consideration by the State Legislature,
that the City Council send a letter to Senator Bergeson, Assemblyman Sher, and other
appropriate state legislators and officials expressing strong opposition to SB 1517 for the
reasons set forth in this RCA.
3. That if SB 1517 is considered by state legislative committees a contingent of City
Council persons appear before these committees to express the City Council's united
opposition to SB 1517.
q 88
PI O 5/85
RCA — SB 1517
Page 2
ANALYSIS:
The following are some of the Special Counsel, Katherine Stone and Jerry Patterson, and
staff comments on the concerns and issues of SB 1517:
1. Wetlands Protection:
The comments of the Department of Fish and Game on Chapter 4 [Wetlands Conservation
and State Lands] and Chapter 7 [Financial Provisions] are on point.
"Because of the complexities of the interrelationships among the various sections of
these chapters, and because the Department recommends a significant departure
from the funding methodologies discussed in these chapters, it would be counter
productive for us to completely rewrite these chapters before we have discussed
what we perceive as the primary issues and potential solutions involved."
A copy of Fish and Game's comments are attached.
The report of the city's Technical Review Committee, which includes some of the nations
preeminent coastal engineers, indicates that a navigable ocean entrance and muted tidal
wetlands may be inherently incompatible because the flushing required to keep a
navigable channel open would drown the wetlands and the criterion for the wetlands would
tend to cause the channel to silt—in.
2. Beach Erosion :
The provisions of the Bill and amendments the city requested to protect against the
effects of an ocean entrance on the beaches within the city have been significantly
changed. Section 509, as it appears in the Bill, does not provide sufficient assurances that
those responsible for beach erosion resulting from an ocean entrance will be held
accountable.
This results from the elimination of:
1. The subsection which provided that no one would be relieved from liability or
duty to mitigate the impacts on the beaches.
2. "this section and" at page 43 line 38.
3. The exclusion of sand replenishment as a fixed obligation.
4. Low priority for funding of sand replenishment.
These omissions are especially significant because the report of the city's Technical
Review Committee indicates that the WES study will not show with any degree of
accuracy the impacts of an ocean entrance on the beaches or how to fully mitigate such
impacts.
The city and private developers have invested millions of dollars in plans and
redevelopment of the beachfront areas. Beach erosion, such as that experienced by the
City of Oceanside and Miami Beach could destroy these efforts. Presently over 10 million
people use the beaches in Huntington Beach. The costs associated with the loss of this
regional and statewide recreational resource cannot be estimated.
RCA - SB 1517
Page 3
Based on'experiences and studies of beach erosion in Oceanside, Santa Cruz, Santa
Barbara, and other coastal communities in California and nationwide it is certain that
both the direct and indirect costs of beach erosion can be extremely high.
3. Costs:
The economics of the project are uncertain and likely to be extremely high. No state
agency has indicated any willingness to provide the public funding required according to
Signal's own financial analysis.
4. Complexities:
The bill has become a planning tool to protect the private developer from local politics.
The legal implications are now almost impossible to analyze especially in light of the San
Marcos case and recent legislation on the subject of special districts. The bill may
insulate this project from the county-wide growth initiative if passed. Simply put, staff
believes the creation by a special government to insulate a privately owned development
company does not represent good public policy.
5. Other Alternatives:
There are other alternative plans that appear more feasible and acceptable to the public,
and which would provide a fair economic return to Signal that do not require the creation
of a district to repay the federal funds. It should be noted that no federal funds have been
authorized by Congress and will not be before the Corps of Engineer's (2-3 year) study is
completed.
6. Potential City/Council Liability for District Debts:
The County, or the City's if the area is annexed, might become liable for the debts of the
district. For example, in a case filed against the City of Oceanside, the developer is
contending that the city is liable for the debts of a Mello-Roos district.
7. Development Agreement:
Negotiations on the development agreement have been non-existent this year. Signal on
its own, without any input from staff or special counsel has drafted an agreement which is
totally unacceptable to staff and special counsel and inconsistent with prior negotiations
between the City, County, and Signal. When informed of the concerns of staff and special
counsel all meetings were cancelled by Signal and no future meetings scheduled. The
County has been silent on the subject.
8. Amendments:
The Bill has already been amended 8 times, each time with scores of amendments.
Already the city has received additional amendments from the Resources Agency
(Department of Fish and Game). There will surely be additional amendments prepared by
committee staff, Signal, and other agencies. One reason there are so many amendments
is the lack of the feasibility study's need to show the economic, environmental, and
engineering impacts of the plan and the desire of each agency to protect their position
because of the need for technical reports and future planning documents. It is impossible
to analyze the effect of a bill that is constantly being amended. The public, especially
the citizens of Huntington Beach, cannot have any effective voice in this kind of process.
RCA — SB 1517
Page 4
FUNDING:
General Funds.
ALTERNATIVE ACTION:
I. To delay action at this time and establish a date for a public hearing on the May 19,
1988 draft of SB 1517 and instruct staff to prepare necessary paperwork for such a
hearing.
2. Instruct staff to prepare a more specific detailed list of problems with this May 19,
1988 draft of SB 1517.
3. Instruct staff to prepare scores of additional amendments to cover city's concerns
with SB 1517.
ATTACHMENTS:
1. Copy of Fish and Game's Comments
2. May 19, 1988 copy of SB 1517
JWP:lp
3262a
i
Language for SB 1517
r It must be noted that there are other flaws in SB 1517 . However ,
the following proposed changes to specific sections would
adequately resolve a number of issues of concern to the
Department .
1 . Section 50 , Subsection ( b ) - Between "district" and "in" ,
place ",the State Lands Commission shall contact the district"
( apparently a typo in third line ) . Also between lines 3 and 4
place ( for clarity) , "consistent with the request of the State
Lands Commission, " between the concluding "and" on line 33 and
"confirming" on line 34 .
2.. - Section 111 "Harbor Facilities" - Delete "secondary waterways"
from this definition .
3 . Section 115 "Land Use Plan" - Rewrite as follows :
"Land Use Plan" means as land use plan certified by the
California Coastal Commission which designates not less than
915 acres for wetland enhancement , restoration, creation and
maintenance ; not less than 86 . 8 acres of ESHA' s ; includes the
22 Biological Resources Management Component Policies which
appear in the conditionally certified December 1985 Bolsa
Chica Local Coastal Program Land Use Plan; and which
designates no less wetland acreage in the union of the central
I
wetland area and Outer Bolsa Bay than was so designated in the
conditionally certified December 1985 Bolsa Chica Local
c�
Coastal Program Land Use Plan .
r
4 . Section 119 "Navigable Ocean Entrance" - Between "harbor
facility" and "and" place "through Bolsa Chica State Beach . "
The bill definition would identify a Huntington Harbor Channel
as the navigable ocean entrance when this is clearly not the
bill ' s intent .
5 . Section 119 . 7 - Inasmuch as a variety of unspecified
6
developments are proposed in the lowland ( including but not
limited to flood control , transportation, and utilities ) it
appears that the three listed uses are insufficient . We
recommend either that listed uses be expanded to include all
pertinent proposed uses , or that we decide what uses should
not be associated with project proponents . Recommended
language : . . . ( fourth line ) property "for all uses specified
in the Land Use Plan except wetland and ESHA creation,
enhancement , restoration, and maintenance . "
The intent here is to use funds provided by project proponents
to accomplish wetland and ESHA activities necessary for
compliance with the LUP , but to specifically preclude the
Department or another management entity from being identified
as a "project proponent . "
6 . Section 140 ( a ) , page 12 - Delete last 2 lines and substitute
i
"pursuant to the requirements of the Land Use. Plan. "
7 . Section 140 ( f ) - we concur with State Lands Commission
r recommendation including addition of Section 140 . 5 .
8 . Section 144 , first paragraph - Add "However , in no case shall
the Public Trust Account be used to fund restoration,
creation, and enhancement of wetlands and ESHA in excess of
the requirements for such activities associated with
development on State lands pursuant to the Land Use Plan .
Further , in no case shall wetland and ESHA operation and
maintenance funded by the Public Trust Account exceed the
State Lands Commission' s prorated share of responsibility for
such operation and maintenance . The State Lands Commission
share of responsibility for operation and maintenance of ESHA
and wetlands shall be established as the proportion of the
overall expenses associated with wetland operation and
maintenance which wetland lost to competing uses on State
lands bears to all wetlands lost to competing uses specified
in the Land Use Plan. " For example , if overall wetland losses
for all development is 400 acres and if 100 acres of wetland
losses were sustained on State lands , then the Public Trust
Account could be used to fund no more than 25 percent of the
total wetland operation and maintenance cost .
i
( Second paragraph) - Discuss so that concept added in first
paragraph is preserved if SLC detaches land to District .
9 . Section 146 - We support City recommendation .
10 . Section 150 - Remove italicized wording, or explain precisely
x which other laws are changed or repealed and exactly where
SB 1517 changes or repeals these laws , so that we may
understand exactly what is involved .
11 . Section 157 - "Project area" has no meaning pursuant to this
Act . Therefore , we recommend deletion of the term "entire
Project Area" from the second line of Section 157 and
substitution of "unincorporated County portion of the Land Use
ti
Plan Study Area . "
12 . Section 302 - Add a sentence akin to that which we added to
Section 303 : "However , in no case . shall the District
exercise its power to take , acquire , hold and enjoy, lease , or
dispose of real and personal property in a manner which
results in a net reduction of wetlands acreage , ESHA acreage ,
or fish and wildlife habitat values within the Bolsa Chica
Land Use Plan Study Area . "
13 . Section 303 - Insert "within the Bolsa Chica Land Use Plan
Study Area" between the word "values" and the concluding
period in the first sentence .
14 . Chapter 4 and Chapter 7 - Because of the complexities of the
interrelationships among the various sections of these
chapters , and because the Department recommends a significant
departure from the funding methodologies discussed in these
chapters , it would be counter productive for us to completely
rewrite these chapters before we have discussed what we
r perceive as the primary issues and potential solutions
involved .
We recommend incorporation of assurances that adequate funds
for requisite wetland and ESHA restoration, enhancement,
creation, and maintenance will be available ; and we recommend
that the sources of those funds be clearly specified now.
4
Regarding maintenance of wetlands and ESHA we recommend
establishment of a guaranteed annual funding allotment of
$200 , 000 in 1988 dollars , and the source of these funds must
be those project proponents which undertake projects which
result in loss of wetland and ESHA acreage . The extent of the
maintenance contribution of each such project proponent must
be identified by determining the proportion of the total
wetland acreage and ESHA acreage loss associated with
implementation of each project proponent' s project . If total
wetland acreage loss is 400 acres , and project proponent A
would destroy 100 acres of wetland, then project proponent A
would be required to contribute $50 , 000 ( in 1988 dollars ) per
year toward wetland maintenance .
Perhaps the easiest way to accomplish this end is to identify
an account sufficient in size to generate an expenditure of
$200 , 000 ( in 1988 dollars ) in perpetuity. Assuming real
growth ( interest less inflation ) of 3 percent such an account
would be approximately $6 , 700 , 000 ( in 1988 dollars ) . The
source of this account would be the various project proponents
r with specific amounts prorated among project proponents .as
discussed previously . Any interest which accrues in any year
which is not necessary to either offset the effects of
inflation or to fund operation and maintenance activities may
be returned to the project proponents and/or their successors
in interest , on a prorated basis per previous discussion of,
prorating initial contribution.
Additionally, we want a $1 million account for emergency
repairs to the wetland/ESHA complex . This account must be
permitted to increase to keep pace with inflation. This
account could be a permanent letter of credit or similar
arrangement which would permit withdrawals given certain
specified conditions ( i . e . , major expenditures such as repair
or replacement of tidegates , levee failures , etc . ) . If this
was a cash account , any interest not necessary to offset the
effects of inflation or to replenish the account to a
magnitude of $1 million ( 1988 dollars ) would be refunded to
the project proponents on a prorated basis . This account
would be established initially by a prorated contribution
among project proponents .
Regarding requisite wetland and ESHA enhancement , restoration ,
and creation activities , the cost of these activities must be
borne by project proponents on a prorated basis . Because the
cost of restoration cannot be finitely determined at this
time-, we recommend incorporation of a functional wetland
restoration obligation into SB 1517 . We recommend
r incorporation of the following language into pertinent
Sections of Chapters 4 and 7 : "Prior to initiation of any
project within wetlands or ESHA, as these areas have been
mapped by the Department of Fish and Game , the project
proponent shall fund and be responsible for assuring the
completion of wetland and ESHA enhancement, restoration , and
creation pursuant to the requirements of the Biological
Resources Management Component Policies of the Land Use Plan. " `
'0
• 15 . In general the term "Local Coastal Program" or "Local Coastal
i
Program, when certified" should be changed to "Land Use Plan"
( as we recommended LUP be redefined) .
16 . We do not object to the formation of the District., nor to its
coordinative role . In light of our recommendations regarding
identification of funding sources , we recommend that the
duties of the District regarding allocation of identified
funds for specific purposes be identified in SB 1517 .
I
I
AMENDED IN ASSEMBLY ."vlAY 19, 1988
AMENDED IN ASSEMBLY AUGUST 17, 1987
AMENDED IN SENATE JL N E 9, 1987
AMENDED Iti SENATE JUKE 2, 1987
AMENDED Iti SENATE MAY 20, 1987
-kMENDED IN SENATE MAY 14, 1987
AMENDED IN SENATE ,%vL-kY 11, 1987
AMENDED IN SENATE MAY 4, 1987
SENATE BILL No. 1517 is
t
Introduced by Senators Bergeson and Seymour
(Coauthors: Assembly Members Dennis Brown, Ferguson, f.
and Frizzelle)
i
March 6, 1987
An act relating to conservation districts, and in this
connection, to create the Bolsa Bay Harbor and Conservation
District, prescribe its boundaries, organizations, operations, '
management, financing, and other powers and duties.
1
LEGISLATIVE COUNSEL'S DIGEST
SB 1517, as amended, Bergeson. Bolsa Bay Harbor and .
Conservation District.
(1) Existing law does not establish a special district for the
Bolsa Bay Harbor area.
This bill would enact the Bolsa Bay Harbor and
Conservation District Act which would, subject to specified
conditions, establish the Bolsa Bay Harbor and Conservation
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
t
LmOt-,E-rE Copv 0A1 F_X-L�
C17TY CLEPK'S 04:Frce �. w
Signal
Landmark, Inc.
I 17890 Skypark Circle
Irvine,California 92714
Telephone: (714) 261-0360 _.
JEFFREY B. HOLM
Senior Vice President
May 31 , 1988
hq.
I ^`f
CITY COUNCIL
City of Huntington Beach
Huntington Beach, Ca
Dear Mayor and Council:
This is to transmit copies of our response to testimony
presented to the City Council on February 11 , 1988 , during a
hearing on SB 1517 .
It was our intent to provide this information prior to the
announced second session of the public hearing, which was to be
held following receipt by the Council of a final version of the
legislation in print.
Unfortunately , time for preliminary distribution has been
cut short. However, we ask that the attached document , "A
Reasoned Response ; Analysis of Public Testimony, City Council of
Huntington Beach, February 11 , 1988 ," be placed in the public
record,
I
Very truly yours ,
SIGN L DMARK , INC .
I
Jeffrey B. Holm
Sr. Vice President
JBH:jm
cc: Council Members
City Clerk
City Administrator
Signal
Landmark, �nco
17890 Skypark Circle
Irvine,California 92714
Telephone: (714) 261-0360
JEFFREY B. HOLM
Senior Vice President
May 31 , 1988
CITY COUNCIL
City of Huntington Beach
Huntington Beach, CA
Mayor and Honorable Council Members:
We wish to take this opportunity to voice our concern
regarding the significant number of inaccuracies in the Request
for City Council Action ( "RCA" ) , dated May 26 , 1988 .
There are numerous statements in the RCA that reflect a lack of
understanding regarding the provisions and purpose of SB 1517 ,
and the planning issues affecting Bolsa Chica, such as the
wetlands restoration plan and the studies that are now being
conducted on the navigable and non-navigable ocean entrance
alternatives for Bolsa Chica.
A detailed letter of comment addressing these points of
misunderstanding and correcting the inaccuracies in the RCA will
be provided to you in the near future . In the meantime , we
extend the invitation to you and your staff to meet with Signal
Landmark , Inc . , to discuss the issues raised in the RCA so that
we correct any misunderstandings which you may have regarding the
bill, SB 1517 , and the project.
Very truly yours ,
l
L NDMARK, INC .
y B. Holm
Sr. Vice President
JBH:jm
cc: City Clerk
City Administrator
O
Q O
A n' -
Establisbed in f904 '.�.�.
GRAJRE
Also Serving Sunset Beach INSIDE:
t on n
NIGH � . •SB 1517
A
FEATU DriftwoodNEXT WE •HB Surf ' .
Bea,ch
VOLUME 85 NUMBER 22 JUNE 3, .1988
- � -
'Centrat America,he feels,is morally rep-.
a hensible. Rather than sending"police-
ri€en"there,he supports growth by bring-
about.peace and looking for ways to .
< ed the.people and provide more equi- i
le land distribution.Help them irrigate
I{
so'they don't have to come here for ,
'yrk or to smuggle drugs,he suggested
a
a
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n
..... ..::...:
.:.......:...
.:. .:..:...
1
s-
o
n. re
_.�:;r.y-.c. _ 'i'.i'�,. -:x�' ^"t F-✓�i.:r% ,. ; e, ., _.T:y:: s. .� a:a4-..- .�ss.�'d:.`-^4,F;fi -
Congressional candidates pre-
sented'platforms"and addressed ""`` Andrew Littlefair,a self-styled conservative Republican
concerns of Huntington Beach and-vigorbus supporter of President Reagan for whom he
Tomorrow(HB,T),aslow-growth group,at its regulazWed- better...Privatization is more economical!and efficient, he
nesday night meeting on May 19.The group meets the third maintained,although"we will need help on highway fund- worked for five years,believes in representing the voters
>, rather than special interests. He is for growth and develop-
Wednesday of each month at 7:30pm at 18460 Gothard ing ment but we need a sensible approach to it,he said. People
Street §" are asking for relief. He supports traffic control,preserva-
The main issues concerning HBT are sensible plan- J B iron of the wetlands, and protection of the national pre-
ning—traffic control;preservation of parks,beaches,wet-
serves m', serves although we need to be concerned about the deficit. _
lands and open space;limiting high density.development; e u "The federal government can help out but not by a blank
and revitalizing Main Street while preserving its historical ' °>
check. The Santa Ana River flood control,he said,needs
' elements. The nine candidates who.accepted the group's f r �i� to be a priority issue. The federal government should stay
invitation presented their platforms and addressed these f n- out of education. He would like to see money for education
issues. o back to the taxpayers.
Republican Dr. Tom Bauer of Torrance, aerospace S g .
x. .< ::.:...
4, en ineer believes launchinga robe into space should be
i one of our main goals. He-suggests a flat tax rate of-10%
with no deductions or exemptions. He also believes every- none in ublic office—the President,-his cabinet, etc.- ='rt f :a
Republican Don Davis acco ntant, attorney,, editor, -µ U
..should give up•a percentage of 1iis ocher salary;including P Y>' d t '-=, ,_° ;` :»"��•:
specialist in'tax matters and in securities, owner of a
expense accounts,to help balance the budget.Furthermore, P�
P hospital and a chain of pharmacies,farmer,.and exporter to r t f
he'd like to bill our allies for the defense we have,provided P P Po
N.
them—he is against subsidies in general. "Education is a the Far East, believes America is engaged in "a war of e
» economics with our trading partners in"WestEuropeand a 5 ? •k=
: :. vital factorforcontinuedprogress, he stressed.Otherwise,
the Far East. The outcome,he said,will idetermine whether We-
we
"we'll lose ourcompetitive edge in theeconomy andin20th
century technology.
. are a first-or second-rate economic power.' We will lose
control of our economic destiny,he said, unless we balance r
D the budget and make America more competitive. WE need
a Bob Welbourn p
to "raise the value of the dollar, foster savings, and get ,alsoaconservativeRe Republican,
... r. families off the dole."' He said he was speaking from a city councilman and mayor of Palos Verdes. He is for ,
spending money at the local level for park land and open
personal experience when he alleged special interests in
space and is against off-shore drilling'. He is now a
x;;
` Congress are responsible for the so-called simplified tax Commissioner in L.A. County and an attorney. Elected
:: «s• q-f,x;• :z> forms.
officials have to conform to the plebiscite peoples'
a wishes—rather than special interest of developers. "Lead
z
111 U D -'D .. by example, is his motto. He, too, is concerned about
,i
d,
zee FZ tr
foreign investment in this country. "We are losing control
e O ' a
x,•: �" � of our destiny,and we will become athird-rate power."We
_< T: have to balance off-shore drilling against what we need in
n
the way of oiL,.we can get it on land elsewhere. We need
Republican Jeff Burns,a carpenter from Huntington,
<:.:.:.... 1 to tax imported oil and encourage domestic production as
Beach,said he spends a lot of time with the youth in the ;: :< `" well as develop other sources of power. He supports a tax
community. Since he lacks both moneyand a college :u�' .. a;': < =; S override of Proposition.13. When asked about the system
g grass '`' whereby a congressman might say,"Scratch my back and
degree, he said he is below ass roots—subterranean. ;���r- ;
i He noted,however,that these things were unimportant to ,.. .: I'll scratch yours,"he replied,"He has to start out without
our founding fathers since many people never had the < f ', Y'. I an itch." Congressmen should serve no longer than 10
opportunity of goingto college,- There is a great'deal of Y°"' w ````
p� y g g Dan.Farell,the only Democrat present;said he would_. years, "If you can't get it done in 10 years,you should get
education in everyday life,he believes. He supports pres- out." He also believes no new legislation on gun control is
ervation of Bolsa Chica State Beach as well as our coastline, support off-shore drilling.if they would stuff Bob Doman'
necessazy;instead we should enforce existing laws.
t especially inasmuch as he and his family are surfers. The. . in the hole.' He is an environmentalist who spends time in
the Sierras and the national parks. With regard to mass DanaRohrabacher has worked forPresidentReagan—as
4a
water is unsafe, he said, due to lack of second stage
treatment. As to growth and development,"the less transit,he said we need to examine ourselves and decide if a speechwriter and AssistantPress Secretary.He addressed
inter-
ference by the federal government, the we want to give up cars and use monorails. Gur policy,in See 42nd Disirict,con't on page 4
'� i•v,.iwi N I r a .�'.I'A'.I'A.I:IYYA:I'.I'.LI:I'LLI•I•I I I'tlL'i.........tl ' s i/i i i i i i::::::::::::.•:•: .,.. ... .. ...
O
0
0
0 0 0
2 NNE 3, 1988 HUNTINGTON BEACH NEWS
they agreed that the unresolved
SB 1517 Swra Mped. with Problems
issues were too significant to be
able to support the bill at this
time,and they could not resolve
concerns before the upcoming
by Allison S.Okada replenishment issue, which pertinent is senate committee meeting.sues of concerns as gency funds. After considerable debate,
A standing room only crowd some feel go unanswered in the they relate to the environmental Other interest surrounded the Councilman Mays' motioned
of both supporters and non- current version of the bill since impact of an oceancut through. discrimination of use limited to to request Sen Bergeson put
supporters watched the City no studies have been com- "But we are presuming= the the. boating .community, some the bill into interim study that
Council debate over how to pleted. "Likely, the sandy worst," Cook adds,' and he residential buyers and the de- would postpone further state
recommend a withdrawal of SB beach will not be there, stated would absolutely like to..wait veloper: Signal consultants
1517, Sen. Marian Bergeson's Councilman Green,referring to for the studies to be completed; note the open space and recrea- action, this year. Should
{ Bolsa Bay Harbor and Conser- what will draw visitors to the an estimated`two ears, before tion o Bergeson decide that i g not
$ Y y ,opportunities which will -possible, a public hearing will
vation-District bill, scheduled $200 million downtown rede- moving forward with-the bill. encompass a wide variety of be scheduled for June 9.
to go before the Assembly velopment. Strong opposition by envi- outdoor activities. Following Tuesday's council
Natural Resources--Committee, _` A physical model study is ronmentalist groups included Responding to concern that meeting, in an interview.with
(A.N.R.C.)on June 20. currently being done by the Amigcls de Bolsa Chica, who the city would lose its voice in The News, Sen. Bergeson re
The bill's latest draftof May U.S.-Army Corps'of Engineers_ feel-the bill is-premature and the bill and its process,Mayor .acted to the motion by explain-
19, 1988 seemed, according to in Vicksberg, Miss., but City untimely, the American Ceta- Erskine emphasized the fail- ing that the council misunder-
city staff, to have eroded_the Administrator Paul Cook says cean Society,'who question the safe mechanism. According stood what interim study meant
protections that the city has that what will happen to the displacement of 450 dolphins to Section 149,this act shall not and that it could not apply.
been fighting to include. The sand would not be answered by that frequently feed at the Bolsa become operative unless the
beach erosion and wetlands the study. "We wouldn't know Chica flats",and the Sea&Sage city, county, and landowner- the bill, Bergeson'went on When asked if she would pull
ll
protections have been weak- what will happen until the Audubon 'Society, concerned developer have entered;into an
„ to
reiterate that all alongshe has
ened, staff charged, the costs ocean entrance is in, Cook-- over the EFfects on the bird and annex a t i on-development "continued to work with the
and who bears them are even stated. To determine the ef- plant life of the mudflats of agreement: According to Sig- city" and that the bill affords
more vague, and the district is fects, the city would have to Bolsa Chica. But Signal-Land- nal Landmark representative protections to the city that they
given even broader municipal- look at existing areas similar to mark, landowner and sponsor Russell Barens,' SB 1517 would not have without spe-
type.taxing powers that could the proposed changes. of SB 1517,feelthey are-sensi--clearly provides protection-and
- cific legislation. However,
supercede the city s or the Another study, the- WES tive to the environment point- offers the city a place at the Sen. Bergeson would not
people's governing authority. Study, a computer simulation, ing to specific funding and es- planning table." pulling the bill from
p commit to
Many concerned speakers being conducted by the Corps tablishment of distinct restora- Although councilmembers the June 20th senate committee
pointed to the sand erosion and LA office will address more lion, maintenance and emer- did not say "no" to SB 1517, hearing.
Agenda Council Driftwood Residents Speak On.Waterfront
Public Hearing Set for June 8
� Redevelopment by Shannon Emertck was planning on staying here the Mayer Corp.the increase in
June 6 1988 The proposal put forth by the until 2013, when the 50-year revenue is estimated to be
Robert Mayer Corp to incorpo- lease runs out." Sotier is $200-million over the next 25
> 5:30PM rate the land use of Driftwood strongly opposed to the pro- years.
' 1. JOINT STUDY SESSION- O TNCR./A ENCY/P RE*HB CO.ZONEBeach Club Mobile Home posal for personal reasons. He Not all the residents feel the
CHANGE&LINEAR PARK Park as part of the proposed added,"How can the city allow added revenue won't be at-
' $345-million"Waterfront" de- hotels because I can't see how tained.
7:0oPM velopment project has incited they can control traffic; we're C.C.Stuhl,a seven yearresi-
D.CONSENT CALENDAR-Action approved by affirmative roll call vote. Various reactions from Park at a gridlock situation now." dent, remarked, "I can't see
D ;-GEN-TItAL. ARV PKG MPROVF.MENT residents. The -may —Corp3'er Patricia Corbari, a.five- ear spending the moneyto make it
•
- - -2 IRR .•L.OT-L.DSCP�J -
)) D-3.NOTICE OF OMP .TION-MOLA DEVL:NW OF 12TH&PCH submitted a notice of intent to resident, has written letters to (the city) attractive to the
D-4.HEIL FLOOD CONTROL IMPVMTS-BTWN GW&GOTHARD change the land on May 15, the city, and received a re- people who are only going to
D-5.NEWLAND STORM DRAIN(PHASE D NOTICE OF COMPL 1987. Legally, they must pro- sponse—that they would take be here four to five months a
D-6.SOILS INVGN DNTN PKG STRUC-HV LAWMASTER&CO-$9,500. vide 18 months notice before it into consideration. "What year.I think it's sad that the city
D_7,RECONSTR&RESURFACING OF BOLSA AVE,BTWN renovation can take place. makes me mad is that HB is is going to cater to tourists."
SPRINGDAL.E&EDWARDS-NOTICE OF COMPL. This notice came as a sur- wealthy (because of the oil Regarding the relocation
D-8.DRAINAGE EASEMT-MOL.A DEVL-PCH BTWN 12TH&13TH STS Prise to George Sotier, a one- wells)—we don't need the sites offered by Mayer Corp.,
D-9.FIRST AMENDMENT TO LICENSE AGRMT FOR TRAINING year resident of Driftwood. "I added revenue." According to See Driftwood,co't on page 13
FACILITY USE BY THE OC FIRE DEPT
D-10.RES 5883-OCTC FUNDJG ALLOCATION FOR RECONSTR&
RFSURFCG OF ADAMS BTWN NEWLAND&MAGNOLIA NOTICE OF PUBLIC HEARING
D-11.RES 5884-OCTC FUNDING-BROOKHURST BTWN ADAMS&GARFI .L.D-M .REDITH GDNS FRONTAGE RD MEDIAN L.DSCPG PROPOSED STATE LEGISLATION SENATE BILL 1517(BERGESON)
D-12.MASTER STREET LIGHTING AGRMTS-SC EDISON
D-13.RES 5885-PIERHF.AD LINE-WEATHERLY BAY BOLSA BAY&HARBOR CONSERVATION DISTRICT
D-14.APPROVE REPLACEMENT HOUSING PLAN FOR MAIN-PIER
D-15.BROOKHURST BRJDGE WIDENING&LENGTHENING AMEND- NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at
MENTS NOS-1.2&3 TO F.NGRG SVCS AGRMT the Huntington Beach Civic Center,2000 Main Street,Huntington Beach,California,on the date and at the time indicated
y below to receive and consider the statements of all persons who wish to be heard relative to Senate Bill 1517.
D-16.YOUTH BOARD APPOINTMENTS-HB High(Pamela Atluri),
Oceanview(Gregory Armstrong),At Large-Christian Gross,Michael Berger, DATE' Thursday, June 9, 1988
Tiffany Ray,Cheryl Barrie.
Huntington go16a, � _. � �; � U.
D-17.PARKING CITATIONMGMT SYSTEM Harbour - Mehl{• -a •' I
-� D-18.ENVIRONMENTAL.BOARD RESIGNATION-TOM STEELS TIME: 5:30 p.m.
D-19.COMMODORE CIRCLER HABILITATION-EXCEL.PAVING Ir
SUBJECT: Proposed Senate Bill 1517,carried -
' D-20.AUTH,FOR AGO&CONTRACT SALE-PACIFIC SW REALTY- y ` m by Senator Marian Bergeson and
WALNUT BTWN MAIN&THJRD-SECURITY BANK BLDG sponsored by the Signal Landmark Land
D-21.COOPERATIVE SUB TANCE ABUSE GRANT-PROTECT DARE- Development Company would establish the m _ _ •� ��
HBHSD&HB Police Dept.to office of Criminal Justice Planning$83,200 to Bolsa Bay Harbor and Conservation District - _ oN >
be used in various drug prevention&suppression programs in city schools. 0 d
LOCATION:; Bolsa'BAy Harbor and Conservation District would B
D-22.GENERAL.MUNICIPAL ELFC'ITON RESOLUTIONS be located within the 1600 acres of unincorporated 1
0
territory of the Bolsa Chica which is surrounded by the Bo sa Cii -Huntingtok!m '
E.ADMINISTRATIVE ITEMS City of Huntington Beach: State Beach 9nt' '• Z
E-1.-TEMPORARY USE OF CITY-OWNED PROPERTY-310 5TH S i'- Pwk %�cc
PROJECT SELF-SUFFICIENCY PROPOSAL: Under SB 1517,the proposed special district would provide for - .;•
implementation of the Bolsa Chica Local Coastal Program when 4 -�f m
E-3.CONTROL OF DOGS AT HUNT CENTRAL PARK EQUES- certified;construction of an ocean entrance,small craft harbor and S@aCiiff
TRIAN CENTER-RA:disallow dogs except during shows when on 6-ft leash y support and bring about the restoration,
C _>` 8 P 8 .related facilities;to financial)
Eli.DOWNTOWN CITIZENS ADVISORY PLANNING COMMITTEE- creation,enhancement and maintenance of the wetlands,and -Huntington
replacing with"Town Hall"forum process. environmentally sensitive habitat areas within the Bolsa Chica study area; Beach
and provide for such public works as water and sewer facilities. The bill also A
F.PUBLIC HEARINGS specifies the powers and duties of the district and provides for the management dL .
and financing of the district operation. �+
F-1.OWNER PARTICIPATION AGMT-MOLA DEVL-MAINTIPIF.R RF.DV C l'
PROJECT ARF,A-re:Townsquare ALL INTERESTED PERSONS are invited_to attend said hearing and express opinions concerning the
F-2.C ODE,AMENDMENT 87-9-ORD NO 2941-INTRO-YARDS& proposed Senate Bill: Copy of the most recently amended version of Senate Bill 1517 is on file in the C+ffice- t
of the City Clerk,2000�Main Street,Huntington Beach California;ft>rinspecb'on by the public. If there are any'- e
questions regarding this hearing call James Palin,Deputy City Administrator.at(714)536-5275:
' F-3:FY I988-89 CITYBUDGFT HEARING&PROPOSED USE OF
REVE='SHARWG HUNTINGTON BEACH CITY COUNCIL
F4:14TH YEAR HOUSING&COMMUNITY DEVELOPMENT BLOCK
GRANT'SUI MISSION By: Alicia M.Wentworth
City Clerk
[Ed. Note-this is a condensed-version of the city's agenda] Dated 5/16188 Phone(714)536-5405
3
0
0 O
' 0
O O
O
ROUND OUR TOWN HUNTINGTON BEACH NEWS JUNE_3, 1988 . 3
Beach Safe Chuck Norris
�' Week Three Cheers For APP ears in HB
HB Surf Lifesaving Associa- also honor a distinguished the Vol unL}eers Chuck Norris,'World Cham- a "
tion(HBSLSA)and the City of beach patron at a City Council pion Martial Arts expert and
HB have declared June 5 meeting for lifetime contribu- As many as 150 volunteers donating 17,433 hours to the HB world renowned motion picture
through June 11 as Beach lion toward the fieldof lifesav- Library sy',stem- attended a -recent-aw_ards_ceremony at star, will be meeting his fans _Public.
Safety Week. ing: - -- — 'Seacliff Country Club. and signing autographs at the
This community service The Week will climax with The hours volunteered equates to eight full-time equivalent staff grand opening of the Black Belt
event will focus on increasing an open house at the Lifeguard members, saving the city thousands of dollars. Karate II, 19736 Beach Blvd {-
public awareness of the marine Hdqtrs on Sat,June 11, l0am- I Ceal Corrigan was the top volunteer with 3,000 hours. She (Newland Center), Sat, .June
environment.Emphasis will be 2pm. began in 1976 processing items for the reference department. 4th at 3pm.
placed on exposing hazards,as Lifeguards will conduct tours Agnes Morin, the library's most veteran volunteer, has been Brad Campbell, a 4th degree
well as safe ways to enjoy the of the facility that will feature donating her time t6the Main Street branch since 1975.During her Black Belt and personal student
beach. short presentations and videos accumulated 2,500 hours,she has helped with shelving,c__heckmg pf..M.r.:.Norris'.-referred to the
A public education booth will on beach safety and lifesaving out and assisting patrons. event, "as a great opportunity
be located in front of the city's equipment displays. The open Other recipients of special recognition for 2,500 hour.of service for-our students to meet my--'-
Lifeguard
Hd trs, below the house will be highlighted b a
_ . . _y_ include.Bea Hageman, Doreen Baumannand Marie_Wallace. instructor and for the public.to
q
parking lof at PjCH and Lake,----fescue demonstration at noon On behalf of the City .Council, Mayor Pro•'hem Tom Mays meet a genuine -American
during daylight hours. Life- For more info, contact Kai expressed his appreciation for the volunteers.He noted his support hero." Ivonne, his wife and a
guards wlil be present to dis- Weisser, HBSLSA President, of the proposed Children's Resource Center expansion and asked 3rd degree Black Belt added,
tribute literature and answer or Steve Reuter, Safety Week for community backing. "We've worked so hard and so
questions. The HBSLSA will Coordinator at 536-5281. long for this second location,
•
-.- having Mr. Norris attend will
make then
a
1
n1C Selling g P
unforgettable ex enence for all
of us involved."
'I�ckets for
o d.
• Belt Black
ac e t Karate t the all
teaches
Pa e nt o Nlaste a es and 1eve1s. Fr ifore details, call 962-0024.
Don MacAllister,local busi- Oceanview rv. a :.
Attend
tte a Laguna Beach <»..". �, d the u a eac
' h
�� :µ g
i H grad �"n active com
munity t t n m and
ess an �•-•
Y g g
f Ma i m- >� lf�<T�Z>�r�fxIx-.-
Pageant �,��<
o Masters this su, .:,::..:::::.:,.:.:.:;.:::;::
1 and USA �,:� ..:..W•.,:,.�., ,
member, has been elected ,..e
m r contribute
e and co bu t HB t to o the :> >«..< c'.........::S iglu
president of the 4th of July National ..:::::�.;;.oy... 0:.t . ;;,
Community Clinic at the same
Executive Board for the second Volleyball kid ;pity:» unlsitair
time. The clinic has 240 .6f
consecutive year. The fifteen Team mem- ru ;ilir
Y those hard-to-get pageant tick- .:. ' "»
member board, which volun- ber Tammy i yv;date;? as 11Q y. Z e '
r Webb gives
ets with seats in rows C thru H
hundreds of hou s
tee rs
g
in the main tier at Irvine Bowl.
throughout the year, will over- playing tips
see the-planning of the HB 4th to popular Tickets are available for July 8, You Can Help
of July festivities. t e l e v s i o n 15, 22 and 29. The cost is $40 Fd the Need
per ticket,half of which is tax- ee y
a c t o r deductible for the ticket holder. The Sanwa Bank, located at
Lorenzo La- There is also a small handling Goldenwest and Warner, will
mas of"Fal- be collecting canned and d
con Crest." charge per order. g 4r
Webb joined the national team in 1987. She played at the Pageant tickets are one of the goods -the first few weeks of -
World Student University Games in Japan in 1985 and will Clinic's major fundraising ef- June. The donations will be
compete in the Summer Olympics Games this year in Seoul, forts toward a goal of$12,000. distributed to needy families by
4 South Korea. The clinic .is a community- the Oakmont Community Cen-
based non-profit organization ter.
HB High School senior, U.S.A. (UNA-USA).Jamie at-
that provides medical services
g andpsychological counseling
"_'�A her international acuity
Jamie Tapper has been tributes a services to people from all over
second lace a trip to to her four-year participation in awardedp P
.: Orange County. The average
New York City and$750 in the HBHS s Model United Nations dEF�;BROWN;:<
Y -- �, clinic patient is employed but Publisher.
n essay contest s on- MUN) program. MUN puts
a national ( P
a=" Y P has no rivate health insurance.
„ p
s into perspective,"Jamie ERICA GEE:: ` "'.: :..':`x< sored annually by the United things Pe P To purchase tickets,call Karen
Nations Association of the says. at 969-8101.
ALLISON OKADA
Don MacAllister Co-Editor
NOTICE OF PUBLIC HEARING aacK BANKIrr
Advertising Manager..:.
FY 1988/89 CITY BUDGET HEARING KATHY.WINFREY`
HB Community Services & PROPOSED USE OF REVENUE SHARING FUNDS Art Director
Director Max Bowman and CITY-OF HUNTINGTON BEACH KACEYQutNN=MORE
Beach Services Manager Doug Adverdsing.Represent6fve:;.;:
D'Arnall were elected to serve Notice is hereby given-that a public hearing will be held by the City Council of the City of Con Lit In :Phgtcyrepn r8:',,.
on the council of the World Life Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach, at the hour cHRisrALOWS,- -
Saving organization at a recent of 7:00 pm., or as soon thereafter as possible on Monday, the 6th of June, 1988, for the ::' JUUE'RA80RN :.
meeting in Queensland, Aus- purpose of considering the Fiscal Year 1988/89 City Budget and proposed use of Federal ":THE,HUNTINGTON BE icti NE.W.s':
tralia. The two men will be Revenue Sharing Funds. All Citizens(especially senior citizens and handicapped individuals) is published:weekly_(every:Friday).`:by.
presiding over the 20-year old are invited to attend and provide the Council with written and oral comments and ask, uestions Huntington Beach:News tnc,::,p 0:8ox.
international organization P q 3t;Huntington.Beach;CA 92saa,,
made u of countries such as concerning the City s entire proposed budget and the relationship of Revenue Sharing funds THE HUNT1NGTON.8EacH NEWS,
to that budget. is a fully adjudieatednewspaperquaiffied,
the U.S., Great Britain, Japan, to carry tegalaridpublicnoticesfori,a,city.
New Zealand, Sri Lanka and The entire proposed budget for FY 1988/89 totals$151,789,403 including General of Huntington Beach4nd theCounty:of;.
Orange(A 5930 8
many others. Fund expenditures proposed at$79,291,351. The Federal Revenue Sharing-Program has THEHUNTINCTONBEACHNEWSis::
ended and new funds are no longer being allocated to local governments. Huntington Beach distributed free in Huntington fdeaaliFor
has$610,000 of residual Revenue Sharing funds remaining in fund balance and staff is guaranteed delivery,.subscriptions:'are.
as a art of the 1988/89 budget,that these funds be used for the,construction of a available at$25 per year by first lass:
proposing, p 9 mail. . .... ..:..
central warehouse at the city's Corporation Yard. The complete, proposed budget-including the Adverv5ers purchase:Space,'
proposed expenditure of Revenue Sharing for FY 1988/89 can be inspected by the public from culationonly.All propertyrightsiodnyod=,
8:00 am to 5:00 pm. , Monday through Friday at City Hall, 2000 Main Street, Huntington Beach. vertisements produced fortheadver-tiser.;
Copies of the..proposed budget are also available for public review at the Cit 's Central Libra by THE HUNTland or BEACH NEWS
�^ p' p p g p y Library using,artwork and or rypography;fui-
located at_71,11 Talbert Avenue (Goldenwest St. and Talbert Ave.). nished or.irranged for by THE;:N INS
shall be the property of THENEWS..No.
such ad or any part thereof.may he re.:
All interested persons are invited to attend said hearing and express their opinions for, produced or assigned without the:con
or, against the proposed use of revenue sharing funds and the entire City budget as proposed sent of THE NEWS.
for FY 1988/89. Further information may be obtained from the Office of the City Clerk 2000, Stories and photograph submissions a
Main Street, Huntington Beach, California 92648_- Phone# (714) 536-5227. are welcome and;upon accept and
publication;will be paid for:at ourr acceptance current
rates.We cannot assume responsibility
The City of,Huntington Beach, accommodate persons of handicapped for unsolicited..
accompanied by a;stamped, self-ad
status,in the,admissiop..,or access toj,ar tl;eatment or employment in, City programs of activities. dressed envelope will be returned.
The:City of-HuntingtomBeacht is.an•equal opportunity employer.
L. David Whitmire; a'-sopho s Editoriai&Advertising Sales
more from HB, will serve as DATED: 5/23/88 CITY OF HUNTINGTON BEACH :° -0f. 1e_is Lccated.aF ;
314 Fift $tilts G
Orange Coast College's stu- - h,Stfget,:
dent body president for the By: Alicia M.Wentworth HuntingtorrBeacl;:: q.92G48
1988-89 school year. A gradu- City Clerk (7t4)9fi9-4335:
ate of Edison High School, OFFICE HOURS::^':
Whitmire is a political science s am to s pm M-F:
major., _
O O
O
M N-Im
4 'NNE 3; 1988 HUNTINGTON,,BEACH NEWS- -.- -
42nd. District C®p]gressional RichardRose,the sole candidate priority. We must underscore ex- absolutely no way we can maintain
with the Peace and Freedom Party cellence-in education, she said. a leadership role in the 20th cen-
C.anidates.` conrinued from page l >•
; - and a-Comuruty'Services Consult-' Reduction of:the federal budget tury. Another area in which he is
. ant in-Long Beach,said he had not deficit and the homeless are also experienced is the work retraining.
Bob WelbOurn Dana RohrabaCher read the initiative on slow growth- .important issues and are due in program for those individuals who
p; for Orange County,but feels there large part to the recession in 1981- find that their skills are obsolete.
is a need to be concerned about it in 82:.We will have a recession in They Have,been. technologically
poor communities and in.ghettos:..- 1989; according to Alan Green- displaced in the work force.Only 5
He supports environmental safety, span,shenotes.Ourallies mustpay percent of.-those Americans are
' i.e.protection of the wetlands and their fair share of our defense costs: getting,any assistance from federal
our natural resources,so-as not to. She:adds that American taxpayers programs in retraining.He is con-
' be faced with„such�problems as _ are paying over 100 billion dollars• peed about homelessness in both
r sewage and toxic waste.,His-main: to defend them—it's.a matter of Orange.and L.A. Counties. He .
concern in"this campaign is the reciprocity.She is for a flat income points out.that one-third_of all the
r presence-of nuclear battleships in tax of 10%.Her plan differs from homeless are families with
-•.• _ .-Long.-Beach .Harbor—the.USS others proposed since she will re- children...The SDI initiative has
New'Jersey and the USS .Mis- duce taxes for business.It is a two-_ been incredibly wasteful...We will
< souri both'of,which are.carrying part program—one for the individ- spend 4 billion dollars this year and
' over 27,„nuclear missiles,capable ual and one for business.It gives a the amount has been running. 5
the economy,and the.deficit,stat=. The''highlight,of,the evening s; of destr"oyiag.a 16-mile radius:As break to low income levels since billion a year.He would like to see
ing that`there are.two"groups in' :events" were the .altercations =
co-chair of-L.B.Jobs With Peace, one would�have to make$10,000 that amount reduced o 500 mil-
Washington fighting, over,.this. between Harriett Wieder ind'her -- -
One-group is going,to'raise taxes-_ hecklers as she enumerated.her
he is trying}to promote a.socially or over before having to pay in- lion; l billion.maximum per.year.
responsible'--:economy-Meaning come tax.. And he would like to see money
and thus lower the standard of liv---: achievements,as the�incumbent, up'the environment, fixing up Guy Kimbrough, Democrat— . redirected to creation of a task
ing." He-opposes any type special
new. noting candidates
prei Welbourn--homes; putting more people to "the only one in this primary en- force of educators to begin to re-
work .
taxe§;and wouldsay"no"o special ..of the candidates present had.the - ...He is for military reduction dorsed by the California State view everything that is being done
interest Like the others,he experience;required to run for the of 25%."If.we reduce our military Democratic Party"-supports in meeting the education crisis.He
is-against development"of Bolsa office. She said she concurs with dependency each year for the next Proposition A and".similar slow is-for additional funding for-the
` Chica Otherissues:are,drugs and,y Welboum's proposal of a ten-year 10 years (we'd) have an 85% re- growl►initiatives:He has lived`in NASA/McDonnell Douglas space
security:. WE'face a major chal- limits66ifon'service-for,members.__.ducti
- ---lenge in Central'Americas he said.---of Congress. -
on in military dependency HB continuouslysince 1964 and project.He-says the defense build-
�; and can put these people o work-in has seen.the'city develop from less---up from 144 billion dollars in 1980 -
The'liberals in Congress are the Questioned about Senator >,
liberals a socially responsible economy. than 20,000 to over 185,000). He_ to 300 billion has,been wasteful
enemy...: He would also cut sup- Bergeson s bill, Weider said she Ada Unruh,Democrat residing worked for the city of HB and is and excessive:..We need'to exam-
port to the United Nations. feels SB 1517;is premature: `We in Torrance,;says as the-president concerned about the problems that ine American foreign policy objec-
Ste:ve. ;Horn, who :recently: haven't; gone through enough and chief officer of the Committee we are facing in the area of trans- tives to 'eliminate'the incredible
_ ; stepped down,byrequest,as presi- administrative resources o.know to Balance the Federal Budget portation,environmental pollution' waste and duplication. "This ad-
derit:'of`Ca1 State,:Long_{Beach, iflthe-re:should be a change..Long
With Fair Taxation, she writes and the deteriorating, quality of ministration has spent so much on
said;ainopg other things,that heis' Beachmoney is;tidelands money. legislative opinion for ballots,and life. He is opposed to off-shore strategic nuclear systems that"they
against_`airport noise, worked -to Things:are changing," she main- newspapers and analyzes records drilling -and is very concerned , haven't been able,to reach their
save the L.B. Symphony; helped.. tained, of Congressmen for her members. -about the develoment_plan that's goal of a 600-ship navy,."
: . draft some of the major legislation Asked' about Proposition A, She believes in going to the people been adopted-in the Bolsa Chica
of the 60s when he was in the Weider said she'd leave it to the with problems to get their opin- wetlands preserve area inasmuch
r, Senate,,working with both parties. .voters,whichprovoked a chorus of ions.She stressed that,"The will of as it-"threatens the last natural
r': He;,says.-he knows how o work boos from the audience. In re- >
Y. _ , the people should prevail." Her wildlife habitat on the.West Coast
say. `no" but he's done it. You grily eminded.themough to sponse to their trthat she had Position on.slow growth is that she in California."He favors an afford-
also have o know when o-say ` led the charge to put Prop on the
will go"with whatever the people able national health care plan for
, Want...Her•suitability for the of- all Americans.As an educator,he
Yes,'-,. He was,Assistant to the June initiative-rather than= wait fice,.she feels,lies in the ability to is concerned about the state of the
Secr�etaryofaialior;servedasssisruntilTNovember. "When` people {
fait to four pregidents and"w"as on' have;ago-o-the,shoppm malls to eakoutanddevelop thecoopera=: American. educational- system=.-
the-Civil Rights Commission. He -run the government there is some- tionofb�'rrnessandworkingsector Y particularly our-nearly 25% na-
strongly supports Proposition A thing wrong...!"Later she said that interesii.lSome of the concerns of tional high school drop-out rate.
the. district are the pocketbook "This is a scandal that hag to be
is interested in the"livability of the . the major parts of the initiative isssues,of reduced taxation, trade corrected.". Also,' 25 million
pity for people. The.Bolsa Chica. were taken from the Coastal Plan
wetlands should"be in the public and that they set up a safety net and budget deficits;fear of escalat- .'American adults are functionally
jdomain,he said,and Long Beach committee so that the County ing,interest rates,and drugs.Drugs illiterate."`If we don't fix the kinds
must bem*ade a national security - of deficiencies in education there is Gru. K1mbrOU h
ought to make a fiscal contribution would be behind the initiative:She . : Y g
to mitigate any damage they do in .:staved off further.questions plead-
dredging,the harbor. As for the ing,"I'm thirsty:"For Weider,the ;
national-deficit and the rnational three-hour session had been rough. Y 4; - • :r.,T
debt, the President and Congress •Although three :of the .(42nd _ & 0 O
have to work together, he main- congressional) candidates were
tairied.- If negotiations-between not- at the. May19th-meeting of
Reagan.and Gorbachev.are suc- Citizens for Slow-Growth, when
cessful we should be able to save "contacted later they commented as
Money on missiles and warheads, .':follows:.
<,`; _ •
Huntington Beach
A.
} z.a•, '
Steve Hom - HarrieAFF-V PA 1?1-E
t Wieder
. ELECT the Responsive, Committed JUNE 7 -
'Qualified Canditate.
®Complete y Assistance for our Evevy ®etai®®-
; SPECIALIZING -IN' INTIMATE G ATHERINCS _
NORMA :L.°:VANDER:MOLEN
} to For occas ions . u.R. ao 2C.G persons
ORANGE COUNTY BOARD- ® ��ece�cee�ee�eeeeeeee�ee�e�eeeee�ceee.
OF EDUCATION
7667 Center. Ave. *,Huntington Beach .-
(714)- 891-0123
Paid Political Advertisement
O
Authorized to Publish Advertisements of all Rinds 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 Nottpe AOvMtWnq co.a+ad
by trio aMlOwtt to Mt in 7 point
,,nth 10 pica column WWth
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 Hearing
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 ( t i m e
consecutive weeks to wit the issue(s) of
1
June 3 g
198
198 A -
198
198
198-
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on June,•-3 198 —8
at Costa Mesa, Californ'
Signature
PROOF OF PUBLICATION
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE %- PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 jBEt.•GESON)
BOLSA BAY & HAkBOR 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.
f DATE:Thursday,June 9, 1988
TIME:5:30 P.M.
SUBJECT:Proposed Senate Bill 1517,carried by Senator Marian Bergeson and sponsored by the Signal Landmark Land
Development Company would establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the 1600 acres of unincorporated
territory of the Boise Chica which is surrounded by the City of Huntington Beach.
PROPOSAL: Under SB 1517,the proposed special district would provide for implementation of the Boise Chica Local
Coastal Program when certified;construction of an ocean entrance,small craft harbor and related facilities;to financially
support and bring about the restoration, creation, enhancement and maintenance of the wetlands, and environmentally
sensitive habitat areas within the Boise 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 Administration at(714)536-5275.
HUNTINGTON BEACH CITY COUNCIL,By:Alicia M.Wentworth,City Clerk,Phone(714)536-5405
Dated:6/1/88
Published Orange Coast Daily Pilot June 3, 1988 F387
Anaheim SunsetcF ^'
Bay Aquatic
Hun Gtl�
tan `A s.-- , ' _
Harbal
tlYer16N—
Bolsa Chica Beach
State Beach Contra)
P ark
eaclIff
' fl - C. r —
If
IN THE
Superior Court
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
Sta[e of California ) s.s.
County of Orange )
That I am and at all times herein mentioned was a citizen of the
United Stau.is,.over'the age of twenty-one years. and that 1 am not a
parry to,nor interested in the above entitled matter. that 1 am the
principal clerk-of the printer of t':e
Huntington Beach Independent
a newspaper of general circulation,published in the City of
'Huntington Beach
County ofOrange and which newspaper is published for the disemina-
tion of local news and-intelligence of a general character, and which
new paperat all times herein mentioned-hadand still has a bona fide -
subscription list of paying subscribers,and which newspaper has been
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:
June 9, 1988
a
I ccriify(or declare)under penalty of perjury that the foregoing is true
and correct.
Dated at ............•.-Costa Mesa -
California.this. . .9 th.. . day of. n e ... 19.8 8. .. . . . .
•
. ... ... .
r Signs(re
4
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARINr
PROPOSED STATE LEGISLATION SENATE BILL 1517 (BERGESO )
BOLSA BAY & HARBOR CONSERVATIOM DISTRICT
.z
NOT1604S HEREBY GIVEN that the Huntington Beach City Council will hold a pabiic hearing in the Council Chamber at
the untington Beach Civic Center,2000 Main Street, Huntington Beach,California,on the date and at the time indicated i
belt v to receive and consider the statements of all persons who wish to be heard relative to Senate Bill 1517.
DATE:Thursday,June 9, 1988 I
TIME:5:30 P.M. C
I
SUBJECT:Proposed Senate Bill 1517,carried by Senator Marian Bergeson and sponsored by the Signal Landmark Land
Development Company would establish the Bolsa Bay Harbor and Conservation District. a
1
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the 1600 acres of unincorporated
territory of the Bolsa Chica which is surrounded by the City of Huntington Beach. E
i c
t PROPOSAL:Under SB 1517,the proposed special district would provide for implementation of the Bolsa Chica Local
G Coastal Program when certified;construction of an ocean entrance,small craft harbor and related facilities;to financially
E 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 ;
I 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 Administration at(714)536-5275.
HUNTINGTON BEACH CITY COUNCIL,By:Allcla M.Wentworth,City Clerk,Phone(714)536-5405
Dated:6/1/88
F387
Ti E
Anaheim Sunset v,�a_�^• • .�
Bay Aquatic — �� �_
rk
Hun !1 t® �e�GW�.
HarbaW
tin 7L
I - Bolsa Chica Cer*ra►•"-'r
State Beach
i Park
Seacliff
'o
At- r�
IN THE
Superior Court
OF THE
r .
STATE OF CALIFORNIA
In and for the County of Orange
State of California )
County of Orange ) s.s.
i
That l"m 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
i- principal derk•of the printer of the
Huntington Beach Independent
I -
a newspaper of genera)circulation,published in the City of
-Huntington Beach
jCounty of Orange and which newspaper is,published for the disemina-
L 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
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:
June 9, 1988
I certify(or declare)under penalty of perjury that the foregoing is true
and correct.
Ilj Dated at Costa Mesa
California.this. . .9th. . . day Jun.e . . . 19.88. . . . . . .
. .. . ........ . .. . . . . . . . . . .
Si lure
PUBLIC NOTICE PUBLIC NOTICE + PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
N('^'CE OF PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 ( L AGESO )
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,June 9, 1988
TIME:5:30 P.M.
SUBJECT:Proposed Senate Bill 1517,carried by Senator Marian Bergeson and sponsored by the Signal Landmark Land
Development Company would establish the Bolsa Bay Harbor and Conservation District.
� LOCATION: Bolsa Bay Harbor and Conservation District would be located within the 1600 acres of unincorporated
territory of the Bolsa Chica which is surrounded by the City of Huntington Beach.
PROPOSAL:Under SB 1517,the proposed special district would provide for implementation of the Bolsa Chica Local
Coastal Program when certified;construction of an ocean entrance,small craft harbor and related facilities;to financially
support and bring about the restoration, creation, enhancement and maintenance of the wetlands, and environmentally
sensitive habitat areas within the Boise 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 Administration at(714)536-5275.
HUNTINGTON BEACH CITY COUNCIL,By:Alicia M.Wentworth,City Clerk,Phone(714)536-5405
p Dated:6/1/88
F387
f
E
Anaheim Sunset - ® �
=1Ir F=�—
Bay Aquaticrk
`Hun tort BoJ`a �bto.�h , r _�:• ID7 4 - —�
— t Harbaw
enum— '
Hu
Bolsa Chica Be9Gti - _fig.'-
Central.'- r•
State Beachparii-
Seacliff — 'I �—
- � `� ,v
•r;' - �_ a
c 'o
•
g
.�IDDLETOWNP VA, 22645
OBAM
o
4-031690SI60002 06/08/88 ICS IPMFNCZ CSP SNAS
I 7145365542 MGM TORN HUNTINGTON BEACF CA 06m0S 0502F EST
CITY OF HUNTINGTON BEACH
2000 MAIN ST
HUNTINGTON BEACH CA 92648
THIS IS A CONFIRMATION COPY OF ThE FOLLOhING MESSAGED
7145365542 FRS TORN HUNTINGTON ,EEACH CA 15 06wQ8 0502P EST
FON 2136130541
U S ARMY CORPS OF ENGINEERS# WATE0AYS AND HARBORSUCTION COPY
MESSAGE
300 NORTH LOS ANGELES ST
LOS ANGELES CA 90012
PUBLIC HEARING SENATE BILL IS17 :JUNE -9 CANCELLED. -SEINATOR BERGESON
HAS"WITHDRAWN BILL FROM CONSIDERATION
JIM PALIN
co
cc
Ln
TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL- FREE PHONE NUMBERS
Authorized to Publish Ad—wosements 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 Pubbc Notice Advertising cover ad
by this affidavit is set in 7 point
with to pica column widlh
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 Hearing
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 1 time
consecutive weeks to wit the issue(s) of
June 3 g
198
198-
198-
198-
198-
1 declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on June ;L 198 _8
at Costa Mesa, Californjl .
Signature
n
1�
PROOF OF PUBLICATION
PUBLIC NOTICE- I-- PUBLIC NOTICE- PUBLIC NOTICE I PUBLIC NOTICE I -PUBUIC NOTICE
,NOT[ ' 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,June 9, 1988
TIME:5:30 P.M.
SUBJECT:Proposed Senate Bill 1517,carried by Senator Marian Bergeson and sponsored by the Signal Landmark Land
Development Company would establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the 1600 acres of unincorporated
territory of the Bolsa Chica which is surrounded by the City of Huntington Beach.
PROPOSAL:Under SB 1517,the proposed special district would provide for implementation of the Bolsa Chica Local
Coastal Program when certified;construction of an ocean entrance,small craft harbor and related facilities;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 Administration at(714)536-5275.
HUNTINGTON BEACH CITY COUNCIL,By:Alicia M.Wentworth,City Clerk,Phone(714)536-5405
Dated:6/1/88
Published Orange Coast Daily Pilot June 3, 1988 F387
Anaheim Sunset
Bay �Aquatk — —DO—r`F H%un =�-^
HUn ton 80I`a •-_�. ✓G '11 f - T - —�'
Harbelq
\ HuntInQt ~; _
Be
=� '
Bolsa Chica
-
State Beach PariL -rF - _',r •�
e' Cliff
- /
Authorized to Publish Advertisements or all kinds Including public
notices by Decree of the Superior Court of Orange County,
California, Plumber A-6214, dated 29 September. 1961, and
A-24831, dated 11 June, 1963.
STATE OF CALIFORNIA
County of Orange Public Notice Advertising covered
by this snldewt is set in 7 point
with 10 ptce column 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 Cancellation of Public Heari g
i
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 1 time
consecutive weeks to wit the issue(s) of
May 26 198 g
198
198
198
198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on May 26 , 198 8
at Costa Mn_L1dL'1r
Californ' .
Stature
C`21 v
PROOF OF PUBLICATION
PUBLIC NOTICE PUBLIC NOTICE ( PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
CITY OF HUNTING` ON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
i
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson's Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator., for
further information - 536-5577. I
CITY OF HUNTINGION BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
I
I
i
Authorized to Publish Advertisements of ail 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 Publ,C Notice Abvenlelnp coved
Dy this e1110ev1t a set ,n 7 point
r11h 10 pKe column vA01h
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 Cancellation of Public Heari g
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 1 time
consecutive weeks to wit the issue(s) of
May 26 198 8
198
198
198
198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on May 26 , 198 s
at Costa Mesa, Californi .
Sig ture
PROOF OF PUBLICATION
PUBLIC NOTICE PUBLIC NOTICE , PUBLIC NOTICE I PUBLIC NOTIL " _I PUBLIC NOTICE PUBLIC NOTICE
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson's Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGION BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
i
IN THE `
Superior Court
OF THE
STATE OF CALIFORNIA
In and•for the County of Orange
i
State of California ) S.S.
County of Orange )
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 1 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
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:
May 26 , 1988
I certify(or declare)under penalty of perjury,that the foregoing is true .
and correct.
4•
Dated at................Costa Mesa _
California. this.3lst day of. .?LaY. . . . 19. . .�.$. . . .
c . .
Signature
PUBLIC NOTICE PUBLIC NOTICE �� PUBLIC NOTICE PUBLIC NOTICE -PU ruaLw IIUI
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
i
I
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23 ,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson's Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGION BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
IN THE
Superior Court
OF THE
STATE OF CALIFORNIA
In and"for the County of Orange
1 •
I .
I
i
State of California ) S.S.
County of Orange )
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
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:
May 26, 1988
I certify for declare)under penalty of perjury that the foregoing is true ,
and correct.
osta Mesa
Datedat.................C... .... .. ............. ....... .. .
California. this.3:_ . t . . . da_y rvf . . .ay_ .. _ . I . . . 88. . . .
r . . . . . ..... . . . . . . . . ... ?M `.``.:'. . . . . . . . .
` Si ature
PUBLIC NOTICE PUBLIC NOTICE 1_ PUBLIC NOTICE PUBLIC NOTICE PUBLIC S�OTICE PUBLIC NOTICE
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson's Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGION BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
Publish: H. B. News - 6/3/88
Daily Pilot - 6/3/88
H. B. Independent - 6/9/88
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: Thursdav, June 9, 1933
TIME: 7:00 p.m.
S;_BJECT: Proposed Senate Bill 1517, carried by Senator Marian Bergeson and
sponsored by the Signal Landmark Land Development Company would
establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the
1600 acres of unincorporated territory of the Bolsa Chica which is
surrounded by the City of Huntington Beach.
PROPOSAL: Under SB 1517, the proposed special district would provide for
implementation of the Bolsa Chica Local Coastal Program when
certified; construction of an ocean entrance, small craft harbor and
related facilities; 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, 2060 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 6/1/88
a ` • , �1�.' � {_,I ,YI11 �ii• '�1 I"I �t, � 'fir. `• ': .r�
' N ,., I 'lll'I' C .S'u'� �• ��
..,, � � n r • �'wp „ y. 'I 11j1: �`� I� 1�'I�II111�� , �� Ir �� '��.
' ,- 1• ,,. 1, _ , ,� 1 ►,
Ou
f oil
704D
Al
I' (� � •I
1: s Om
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t
=1Q cal
. E '
m '
•t m
i
I ,
Take Part
In The- Estawisded in 1904 Prom.Time
Cleaning AlsoSetvingSunsetBeach is Now!!
of Our FairHuntimnton Local
Town k High School
Downtown Students
Cleanup Day Disclose Their
is May 21 st,! Beach Dreams
Page 7
VOLUME 85 NUMBER 20 MAY 20, 1988
D 0 - W le , N o - T .9 •
Cooperation and . tional lane on each side will be made by removing
- , nw parking m 1 e street a from Cod esttoBe Beach
t ee ac Boul
evard e d L
P grand narrowing of existing median islands. Left turnTraffic Goin TwoN/h4;:the I a
access onto Main will eliminate the Fifth Street access
■ and return it to Sixth as it was nine ears ago.
Y g
fa
Ways on MainStreet Why was Main changed to two-wa ?In 1980,theretv _ y
city conceptualized a plan to make
Y P
p Main Street a full
i traffic first
m with ra c n a rsfw 1 all o f o the t o blocks. i cks. W th ;:.>r:;
those
_b:.Sa
" by Allison Okada and Kathy Winfrey Y .. _ :. ..::..:.::..:.:.::...::.:::.;;;.
As one of many revitalizing.projects happening in plans in mind, phase one,began with the one-way The d0wgtown,areais currently fjeii. glued'
the downtown, atwo-way Main Street seems to be change. If that succeeded,the city would then elimi- vitla`fihe::coop erative efforts'of the:local:mer
botha step toward opening traffic flow as well as nate automobile access altogether. Apparently,one- charits'atid city:gfficials:
P P g wa roved unsuccessful and plans for the.downtown Huntin on Beach city officials and clown
better communication between the city and down Y P P tY:
town merchants. have changed. According to Cook, "It's never fown.mercl ants;have arranged.to install addi
Main Street will be open officially for two-way worked anywhere else in the U.S. Why should it work tional lighting on the':frstthree:blocks of Main. .
traffic today, May 20. Crosswalk-peninsulas have in Huntington Beach? Street:
been altered by three feet on each side to allow for the As for cooperation,Cook says that the city is trying The lights are notthe typical Edison Cu.street
change. "It may be real narrow and slow,but it will to work with the merchants and to hear their"voice." Tights;` instead they 'are.small; strong., arid:
help businesses out this summer,and that's the impor= Hence, in response to merchant outcry, the council twinkly_. lights :that have the effect' of
tant thing," says City Administrator Paul Cook, took a good look at the two=way Main Street plan. Of Disneyland's Main Street. In.the past,Main has<;
The changes are a sort of "quick and dirty"job, the few businesses who were operating back in 1981, had similar lighting strung along the street but.
according to Cook,to get through the summer. With many say they experienced a 15 percent loss with the due to weathering they no longer functional::.'
redevelopment plans on the way,the current changeg' one-way change. Most merchants welcome the return When the:lights stopped working the:mer
are only interim. In 1990,Main Street will probably to two-way and feel that it should prove beneficial to chants petitioned thecity.for replaceirients but
be redone with additional widening,removal of street See Two-Way,cont.on page 3 received no response: :But.w.hen Raul Cook:::
furniture and the replacement of existing tree planters > came„in as new city. administrator,-he quickly`
with alms. "Future :began.working with the merchants to'solve the
palms. lighting,problem.';::
changes, Cook adds, <; a
will ;be dependent on The city u itookahe engineering work aril redevelopment needs." : their findm s ed in a t ,600:
Although most 'local a ity p pay
th ult tal cos of$4
' The:c osed to for $3,000.of the .
merchants welcomed the.. h: ' merchants would.pay the remainder :So, the:.
return to two-way, some : #S 3 _ z Downtown Merchants Guild requested acontr
were concerned about theN.
bution of$50 from each mercIiant.itt older to:
loss of street parking.
According to Jack Miller ..,.... lghtttldpro
k;;
The ve beneficial to the mer
. . ::. ,r .;:::; ._ :;:�;; ;,: :::. ,,_. :,,. ;'• �Y chants in deterrin crime: ciatl after-8. m:::° _
cit civil en i- :., .espe
principal g °.,,
:_;.: _; ::: when':the:::m orit of the businesses have
neer,there will be little,if ^.;< j Y :. :::: .
any, loss of street spaces.
closed; Says Natalie;Kotscl ;Me chants::Guild
ublicaffaus"Thereisa.spintgfcoo rationin
The east side parking will 7 P: . pe.:
simply be reversed. City this city and we have seen it through thisproject
public works crews were . .:, and the assistance of the police chief in prevent
working this past week on ing crime."
_>.:M,
relocation of meters and
This rojectisanothercoopera y. easurein
w P
of removal of existing
a,
alie:broad scope of improvements planned;;Paut.-
ri.:..,.........:..:, :.:, M.:..
striping. - � .,.Goo Stated;`,When Lcame'irito offiCe;'the'mer=>
Plans for a southbound
�=�: �%�=; ;.chants weren't:communicating ;;:we imiinedi-
left turn lane off PCH will t ately tried.to hsten'to:their cotments and.now
,,;,,
be implemented by No- =s our downtown area :is being beautified and
:;.. :< greatly through on
vember or December of improved co erati atly rou o
1988 when the city goes . x ;> ;;This cooperation of city`and..merchants:is a: ..
::.:
Y g _: r,Y;,,s
work :.,-., .j:.:;:,.<:,:: .: , :;,atep:;forward;for. Huntington;Beach:and,tlie.:::
to on. increasing . � .;i
PCH to a. six-lane high- ,.:.condition.of our city as,a;whole
Public Information O icerBill Reed and Ci Administrator Paul Cook discuss
.way. Room for-an addi f ff City
Administrator
n w n with h r rolling.ow to n development, the cameras o It d it l
P g
`r project that hires un- with Mandic Motors donating their pleted in a few weeks.
reps derprivileged youth to time and effort to remove nine aban- Along with a- sense of pride and
give them a sense of respon- doned vehicles. A large dumpster, worth,volunteers will come away from
sibility,and their first part-time which will be located at Third and the day of hard work with full stoma-
job), will assemble at the empty lot at Walnut, will be donated by Rainbow ches. Area food merchants responded
�� Vp Main Street and PCH (beachside of Disposal. overwhelmingly to the cause by donat-
Go G�ea Heidi's) at 9 am. Come armed with In addition to cleanup is the beautifi- ing food and drink for a picnic follow-
0 by work gloves and push brooms to help in cation of the 50-foot wide lot next,to ing the cleanup. The feast will take
Allison the fight against the unsightly mess that Heidi's (formerly the bumed down place on the small grassy area known to
Okada has invaded the downtowds streets and Wild Oats building). Plans call for locals as Mandic Park, located on the
l Are you doing any- alleyways. Workers will pickup trash, spreading gravel to reduce dust and west side of the second block of Main
thing special on this up- "wack" weeds, and help haul away removal of fencing: The city has Street. But with the amount of food
coming sunny Saturday morn- abandoned appliances and furniture graded the lot and City Administrator being donated,a work force double the
ing, May 21 st? Well, if you're not, with strong hands or through the use of Paul Cook promises benches (seating expected needs to volunteer.
come join more than 50 volunteers that donated vans or trucks. blocks)and tree planters to be installed And as if that were not enough,there
are expected to help cleanup down- The effort is the brainchild of the before summer. The cost of the gravel will be prizes of t-shirts and even a few
town Huntington Beach. Main-Pier Project Area. Committee, is being absorbed by Heidi's Frogen bathing suits to be raffled off during the
Downtown Cleanup Day is being which is formed as part of required Yozurt and Carl Hayward Surfboards, picnic.
sponsored by the Main-Pier Project state redevelopment policy to advise in a joint effort to get rid of the empty The event looks to be quite success-
Area Cgmmittee in cooperation with the city council on plans and reloca- dirt lot and chain-link fence look, so ful. Committee members are predict-
the city and the Downtown Merchants tion. Although this type of operation is near to their businesses. As for the ing it may become an annual event.
Guild. Volunteers, made up of busi- outside of the committees' scope,they Golden Bear site on PCH,the hole was If you'd like to help,arrive at 9 am for
ness and property owners, concerned saw the need and decided to do some- being filled last Tuesday, fencing will assignments. If you need any further
citizens; and kids from Operation thing about it. be replaced with posts and cable and additional information call Carl Hay-
Logos (a Community Development Steps to cleanup have already begun the same beautification will be com- ward Surfboards at 960-7477.
P.,
k
2 MAY 201988 HUNTINGTON BEACH NEWS
aim
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oz led tln cnral e; ztanctr i x>d::; > : €cl a�> : 5 ; .
>`.`` ii :.' ttrttt r >riortlaiYae:.a,rxt schec
The Community Festival 88 held under
' :> »::>: r€iutdte :tc nt r>;cacata>c :tintz >ilta <t t l.. rl a
warm sunny skies last Saturday at Gold ::::::;:;::::;;;'::.;;:::;:;';::;::.;.<;::;:<::<>;>:>::>::>::»»»><:»::»:::»::»::;::.............:::::: ..
;• Y
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e nwest College prov
ed once agai
n to be
quit
e
a suc
cessful ul event. Pictured
(clockwise from top left):HB Paramedic
� � y Gary Finney takes a minute to explain
ti procedures to an interested spectator,Jr. We G et Lette rs
Ja=rcisers struttin I their stuff,and the
Marine Marching Band keeping with the
� f beat.
Wieder s Not Holding Tin Cup
Dear Editor: -
Back in 1977,many Orange County residents applauded the
Council Prevents Rent Increase for successful efforts ib Shirley Grindle minimize the chances
of campaign contributors exerting undue influence on the de-
cisions of the Board of Supervisors. For over 10 years,not one
Senior Citizens supervisor has been charged with violating Grindle's TIN
CUP ordinance, which proves the measure has served as an
by John Earl offset management costs and administrative costs at the effective deterrent to conflict of interest votes.
Residents of the Emerald balance next year's budget. complex or taking from the But now it appears that Grindle is not satisfied with mere
Cove apartment complex, a Residents, however, have city's general fund. deterrence. She has fashioned her TIN CUP into a political
residence for low-income sen- countered that there has been Councilmember Peter Green, weapon,and is attempting to impale Supervisor-Harriett Wie-
ior citizens,left last Monday's mismanagement and that an estimating that $16,000 could der with it.Grindle s assertion that a $2,500 contribution to Wieder,s
council meeting happy over the increase would be unfair. be saved through the latter Op- Congressional campaign by ICEPAC, Irvine Company Em-
decision to turn down a pro- The city is mandated by its tion, pointed-.Qut that manage- ployees Political Act Committee, falls within the provi-
posed 4.2 percent rent increase. yelopment plan to provide ment cost e risen inexpli- sions of the TIN CUP�nance has been soundly rejected by
The proposal was originally project for low-income HB cably in theist two years. a battery of legal experts, including OC Counsel Adrian
brought before the council in ,; residents-who are at least 62 Assistant City Administrator Kuyper.If the ordinance does not read the way Grindle would
1VI ^avi bela�fvfr�ie�iig.....�yerar=sfrae ,if ftandsaa e-avail- Bob Franz and- Community like,she should blame herself(she authored the measure),not
Opportunity Management Co. able. The project is currently ' Services Director Max Bow Wieder who has meticulously complied with the law. -
(LOMCO), the management erating with a$9,000 deficit, man both itted that city If Grindle is oppo o the Laguna Laurel development
company for the city-owned �tording to the city. Options staff has to investigate Y
and subsidized complex. Resi- considered other than a rent managemen costs,indicating a and/or Wieder s candy for Congress,let her say so openly
dents currentlya a roxi- increase include dipping into a and not hide behind a TIN CUP.
pay PP PP g previous directive to conduct a t --,.
matel $235 rent per month. million dollar relief fund,using Shame, shame on you, Shirley.
y pe g complete financial audit of Sincerely,Frank Perside,Dana Point
LOMCO claimed that the tax increment funds from rede- LOMCO had gone unnoticed.
rent increase was needed to velopment projects, cutting See Emerald,cont.on page 16
NOTICE OF PUBLIC HEARING Agenda Joint Council
PROPOSED STATE LEGISLATION SENATE BILL 1517 (BERGESON) Redevelopment Mtg
BOLSA BAY&HARBOR CONSERVATION DISTRICT May 23, 1958 • 7:00 pm
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 C.PUBLIC COMMENTS-(3 min./person,no donating)
below to receive and consider the statements of all persons who wish to be heard relative to Senate Bill 1517.
y Huntington go j6& ! c ram` 1. CLOSED-APPEAL PC DFNIAL OF COND,USE PERMIT-MOLA -�
DATE: Thursday,June 2, 1988 Harbour Mn � 4 '� � ' t � ' DEVELOPMENT CORP-Townsquare project
TIME: 7:00 p.m. en"- 2. OWNER PARTICIPATION AGRMT-MOLA DEV.CORP--MAIN-
PIER RDVLPMT PRO.I,AREA-agreement provides for development of
SUBJE Proposed Senate Bill 1517,carried _� 89 residential units&L0,000 sq.ft.retail commercial located bmm Main
by Senator Marian Bergeson and m ' ;" Y7 tp .: &6th sts,north of Orange Ave.Proposed projects are covered by a final
sponsored by the Signal Landmark Land �: - ; EIR&Downtown Specific Plan.
Development Company would establish the - rn n -^
Bolsa Bay Harbor and Conservation District. ' _ a 3. DOWNTOWN PARKING STRUCTURFS FFASIIBILI'TRfour exhibits
Im to finance land acquisition&constr.of downtown parking structures.
LOCATION: Bolsa Bay Harbor and Conservation District would " C t-` 855-s es
be located within the 1600 acres of unincorporated
Huntin oR North of pier, pac ,and Walnut pkg stntcture,1;000 spaces.
Beech .
territory of the Bolsa Chica which is surrounded by the Bo sa tea _ E.`@rlif�t?Il; ;� 4 AUTHORIZATION TO PURCHASE BEACH TRAM-report on -
City of Huntington Beach. Pam. IM m:� feasibility of providing a train to service downtown Main-Pier area.
state Beach ' ., -
4 _.
PROPOSAL: Under SB 1517,the proposed special district would provide for RA:Authorize purchase of"used"mighty-mite tug and trailer from
-'' - / f^'".
Saacliff _r r ; -r., :s.�: Specialty Vehicles,price not to exceed$35,000 plus tax&license.
implementation of the Bolsa Chica Local Coastal Program when �� ,.�
certified;construction of an ocean entrance,small craft harbor and
Al 5. RFSIDF,NTTAL DEVELOPMENT IMPACT'ON DOWNTOWN
related facilities;to financially support and bring about the restoration, - s,::Huntington RETATLTNG
creation,enhancement and maintenance of the wetlands,and Beach
r s environmentally sensitive habitat areas within the Bolsa Chica study area; A _
and provide for such public works as water and sewer facilities. The bill also dC'`'% -- -
specifies the powers and duties of the district and provides for the management U NTI N GTO N GOLF & R E PAI
and financing of the district operation. CD'
s
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions concerning the t .. y}yy{i} -Refinishing
proposed Senate Bill. Copy of the most recently amended version of Senate Bill 1517 is on file in the Office y�' ':>' " '""'»:>:<:> •Boron Graphite
p 9 p
of the CityClerk,2000 Main Street,Huntington Beach,California,for inspection by the public. If there are any •' h!y .•
Shafting
d
questions regarding this hearing call James Palin, Deputy City Administrator at(714)536-5275. y •
Classic Club Specialist
HUNTINGTON BEACH CITY COUNCIL ii�;;��c,���
95
Iv ; x IRON SETS $169
By: Alicia M.Wentworth >: €>.;-...::. :::i.::::::.::::,::::::..:::::::::::::::,:::. Tour Model Ill
Iclr�eri" Se:[31zts:» z '13e`>
City Clerk ; � meta wood>:ir, .Mega Force II
Phone(714)536-5405 Selector II'
' Dated 5/16/88
411 "B"Main St. (Across from Peugeot) 536-0634
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF CANCELLATION OF PUBLIC HEARING ON SB 1517
BOLSA BAY HARBOR & CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988, the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill 1517
from Senator Bergeson°s Office, the public hearing previously scheduled
for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information - 536-5577.
CITY OF HUNTINGTON BEACH
Alicia M. Wentworth
City Clerk
Dated: May 24, 1988
i
(Telephone:714-536-5227)
r%
Publish: Daily Pilot
Independent
Huntington Beach News
5/19/88 & 5/26/88
NOTICE OF PUBLIC HEARING
PROPOSED STATE LEGISLATION SENATE BILL 1517 ($ERGESON)
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, June 2, 1988
TIME: 7:00 p.m.
SUBJECT: Proposed Senate Bill 1517, carried by Senator Marian Bergeson and
sponsored by the Signal Landmark Land Development Company would
establish the Bolsa Bay Harbor and Conservation District.
LOCATION: Bolsa Bay Harbor and Conservation District would be located within the
1600 acres of unincorporated territory of the Bolsa Chica which is
surrounded by the City of Huntington Beach.
PROPOSAL: Under SB 1517, the proposed special district would provide for
implementation of the Bolsa Chica Local Coastal Program when
certified; construction of an ocean entrance, small craft harbor and
related facilities; 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 5/16/88
I
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1 1
AIR QUALITY THE FISH AND WILDLIVE SERVICE AMIGOS DE BOLSA CHICA
2100 E. Katella 2400 Avila Road 15545 Computer Lane
Ste 200 Laguna Niguel, CA 92677 Huntington Beach, CA
Anaheim, CA 92806
FRIENDS OF HUNTINGTON WETLANDS ANRC BUILDING INDUSTRY ASSN.-O.C.
9122 Christine Dr. Attn: Paul Thayer 2001 E. 4th Street
Huntington Beach, CA 92646 State Capitol Bldg Santa Ana, CA
Room 2136
Sacramento, CA
GRACE, W.R. •PROPERTIES CAL TRANS HARRIET M. WIEDER
114 Ave of the Americas 120 S. Spring St. 10 Civic Center Plaza
New York, NY 10036 Los Angeles, CA 90012 P.O. Box 687
Santa Ana, CA 92702-0687
CALIFORNIA COASTAL COASTAL COMMI HB/FV BRD. OF REALTORS CA DEPT OF BOATING AND WATER-
245 W. Broadway, Ste 380 8101 Slater Avenue WAYS
Long Beach, CA 90802 H. Beach, CA 92647 1629 S. Street
Attn: Judith Severy Sacramento, CA 95814
CALIFORNIA STATE COASTAL CONSERV.H.B. CHAMBER OF COMMERCE CARP
1330 Boradway, Ste 1111 2213 Main Street #22 5272 Allstone Dr.
Oakland, CA 94612 H. Beach, CA 92648 H. Beach, CA
Attn: Peter Grenell Attn: Joyce Riddell Attn: Don Troy
HUNTINGTON BEACH COMPANY HUNTINGTON BEACH TOMORROW METROPOLITAN WATER DISTRICT
2110 Main Street P.O. Box 865 Carbon Creek PCS
H. Beach, CA 92648 H. Beach, CA 92648 2999 E. La Jolla
Attn: R.J. Work Anaheim, CA
COUNCIL ON AGING E.T.I. CPRRAL 100 WAYNE CLARK
1706 Orange Avenue 20031 Big Bend 17801 Cartwright
H. Beach, CA 92648 H. Beach, CA 92646 Ste A
Attn: Bonnie Wakeham Irvine, CA 92714
OCEAN VIEW SCHOOL DISTRICT ORANGE COUNTY EMA ORANGE COUNTY FLOOD CONTROL
16940 B. Street Coastal Commission Planning EMA Public Works-Flood Program
H. .Beach, CA 400 Civic Center Bldg 12 400 Civic Center Dr. West, 314
Santa Ana, CA 92702 Santa Ana, CA 92702-4048
Attn: Ron Tippets
ORANGE COUNTY SANITATION REGIONAL WATER QUALITY CONTROL RUSS BEHRENS
District #11 BOARD 1800 N. Broadway, Ste 200
10844 Ellis Ave 6833 Indiana, Stel Santa Ana, CA 92706-2656
P.O. Box 8127 Riverside, CA 92506
SENATOR MARIAN BERGESON SENATOR MARIAN BERGESON SHELL OIL COMPANY
Captiol Sacramento 140 Newport Center Dr. 1000 Irvine
95814 Room 4082 Suite 120 Newport Beach, CA 92660
Sacramento, CA 95814 Newport Beach, CA 92660
SIGNAL SO. C. ASSOC. GOV'TS. SURFRIDERS ASSOCIATION
17890 Skypark Circle 600 S. Commonwealth Ave PO 2_ 7 o q-
Irvine, CA 92714 Suite 100 #
Attn: Jeff Holms Los Angeles, CA 9005
1 Attn: Richard Spicer
I
STATE OF CALIFORNIA STATE OF CALIFORNIA U.S. ARMY CORPS OF ENGINEERS
Department of Fish and Game STATE LANDS COMMISSION Waterways and Harbors Section
The Resources Bldg 1807 13th Street 300 N. Los Angeles Street
1416 9th Street_ Sacramento, CA 95814 Los Angeles, CA
Sacramento, CA 95814 Attn; Dan Gorfain
U.S. DEPT. OF INTERIOR
Bureau of Land Management
Pacific OCS Office
Federal Bldg
7127 N. Los Angeles St. L.A. CA
AIR QUALITY -THE FISH AND WILDLI`IE SERVICE AMIGOS DE BOLSA CHICA
2100 E. IG3tella :400 Avila Road 15545 Computer Lane
Ste 200 Laguna Niguel, CA 92677 Huntington Beach, CA
Ana'_7eim, CA 92806
FRIENDS OF HUNTINGTON WETLANDS ANRC BUILDING INDUSTRY ASSN.-O.C.
9122 Christine Dr. Attn: Paul Thayer 2001 E. 4th Street
Huntington Beach, CA 92646 State Capitol Bldg Santa Ana, CA
Room 2136
Sacramento, CA
GRACE, W.R. • PROPERTIES CAL TRANS HARRIET M. WIEDER
114 Ave of the Americas 120 S. Spring St. 10 Civic Center Plaza
New York, NY 10036 Los Angeles, CA 90012 P.O. Box 687
Santa Ana, CA 92702-0687
CALIFORNIA COASTAL COASTAL COMMI HB/FV BRD. OF REALTORS CA DEPT OF BOATING AND WATER-
245 W. Broadway, Ste 380 8101 Slater Avenue WAYS
Long Beach, CA 90802 H. Beach, CA 92647 1629 S. Street
Attn: Judith Severy Sacramento, CA 95814
CALIFORNIA STATE COASTAL CONSERV.H.B. CHAMBER OF COMMERCE CARP
1330 Booadway, Ste 1111 2213 rain Street #22 5272 Allstone Dr.
Oakland, CA 94612 H. Beach, CA 92648 H. Beach, CA
Attn: Peter Grenell Attn: Joyce Riddell Attn. Don Troy
HUNTINGTON BEACH COMPANY HUNTINGTON BEACH TOMOF.RCW METROPOLITAN WATER DISTRICT
21i0 Yain Street P.O. Box 865 Carbon Creek PCS
H. Beach, CA 92648 H. Beach, CA 92648 2999 E. La Jolla
Attn: R.J. Work Anaheim, CA
CCUNC.-L ON AGING E.T.I. CPR.RAL 100 WAYNE CLARK
1706 'range Avenue 20031 Big Bend 17801 Cartwright
H. Beach, CA 92648 H. Beach, CA 92646 Ste A
Attn: Bonnie Wa'ceham Irvine, CA 92714
OCEAN VIEW SCHOOL DISTRICT ORANGE COUNTY EMA ORANGE COUNTY FLOOD CONTROL
16940 B. Street Coastal Commission Planning EMA Public Works-Flood Progr
H. Beach, CA 400 Civic Center Bldg 12 400 Civic Center Dr. West, 3
Santa Ara, CA 92702 Santa Ana, CA 92702-4048
Attn: Ron Tippets
ORANGE COUNTY SANITATION REGIONAL WATER QUALITY CONTROL RUSS BEHRENS
District #11 BOARD 1600 N. Broadway, Ste 200
10844 Ellis Ave 6833 Indiana, Stel Santa Ana, CA 92706-2656
P.O. Box 8127 Riverside, CA 92506
SENATOR MARIAN BERGESON SENATOR MARIAN BERGESON SHELL OIL COMPANY
Captiol Sacramento 140 Newport Center Dr. 1000 Irvine
95814 Room 4082 Suite 120 Newport Beach, CA 92660
Sacramento, CA 95814 Newport Beach, CA 92660
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SIGNAL SO. C. ASSOC. GOV'TS. SURFRIDERS ASSOCIATION
17890 Skypark Circle 600 S. Commonwealth Ave C, Z?C 4
Irvine, CA 92714 Suite 100 g(o
Attn: Jeff Holms Los Angeles, CA 9005 �3 y�ri ` G2-(otf'7
STATE OF CALIFORNIA STATE OF CALIFORNIA U.S. ARMY CORPS OF ENGINEERS
Department of Fish and Game STATE LANDS COMMISSION Waterways and Harbors Sectior.
The Resources Bldg 1807 13th Street 300 N. Los Angeles Street
1416 9th Street Sacramento, CA 95814 Los Angeles, CA
Sacramento, CA 95814 Attn: Dan Gorfain
L'.S. DEPT. OF INTERIOR
Bureau of Land :Management
Pacific OCS Office
Federal Bldg
7127 N. Los Angeles St. L.A. CA
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2 MA-' 27, 1988 HUNTINGTON BEACH NEWS
NOTICE OF CANCELLATION OF PUBLIC
HEARING ON SB 1517
BOLSA BAY HARBOR &
CONSERVATION DISTRICT
At the adjourned regular meeting of the City Council held May 23,
1988,the City Council discussed at length SB 1517 and concluded
that because of lack of receipt of the amendments to Senate Bill
1517 from Senator Bergeson's Office,the public hearing previously
scheduled for June 2, 1988 would be cancelled.
Please call Rich Barnard, Assistant to the City Administrator, for
further information -536-5577.
CITY OF HUNTINGTON BEACH
Alicia M.Wentworth
City Clerk
Dated May 24, 1988
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