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Final Tract Map 7850 - A Portion of TT 7850 - Huntington Har
1` �ls!lt�IVISIt� AGi1tE�1►,� THIS AGREEMENT drted thiji„1�_day of-,-- _,,,1'„�►,,,,,�,,,_,,, r 19•, -,,,•:-, by and ]lETliatN CITY W WNTINGTON BEACH a municipal corporation, hereinafter for convenience roferrzd to as CITY IIif. Wt'Y,R-PACXFXC, LTD. SUBDIVIDER WMEREAS; Subdivider is the owner of a tract of land in the City of Huntington peach, California, which it is seeking to subdivide into lots and to dedicate eartain street::, alleys, and other improvements therein to the public usc, end is About to file with said City n tatp of the Tract of land known as Tract No.7850 . VUREAS an a condition to the approval of said subdivision ma r Pic 1' and the acceptance of the dedication of the strefeta, alleys, and other improvements in said subdivision, said s4bd!vider is required tea enter into an agreement with the City of Huntington Beach to do and perform the work hereinafter specified and to execute and deliver to the City of Huntington Beach, bonds for the faithful performance of said agreement and for the payment of all ,tabor and atiterial in connection thtvewith, as required by Sections 1t611 and 1161; of the Business and Professions Code of the State of Cal ;fornia and Sections 9931, 15, 9931, 16, 9931. 17, -nd 9931. 18 of the Hunti.,lgten Beach Ordinance Code; NOW THERVORE, in considerxf.lon of the promises and egro!emenr;.r of the parties as iarein set forth, the parties agree as fullowsr 1. SuE►divider does herby A;;ree to do and rierfotm the fo ..!.+y1inr, work, the cost of which has been era timated by th.- City Engineer to be the sum of Fourteen Thousand and 00/100 Dollars ($14 ,000. 00) . ?,.Pt the construction of stres-Lm, including exrsvation, paving, curbx, gutters, sidtwalkx, ' : van, landscaping, ets. , sewers, including construction of twain lines and lot laterals and striicturv.,; street lights, .street signs; construction of domestic water system including the construction L.f water mains, ]at laterals and installation of =tersi engineering costs; and any miscellaneous requi ramenLa at, may bs cat forth in Chapters 99, 34, and 3S of the Huntington ZeacN Ordinance Code, and -1- all of which said wDrk shall be done and performed in accordance with plaar, opecifications and profiles which have been approved by the City Enginertr and tiled in the offies of the City Lrgineer tend all of which work shall be done atthe Hole cost and expense of the Subdivider mnd as a condition for . the approvai of maid map and the acceptance of the dedicatior+ of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof r, and all Labor and m4terial bills shall be paid. 2. Subdivider agrueb to cosylete all Artavial Highway Improvements including perimeter wails prior to City finali�ng of any lot. 3. Subdivider shall guarantee all `cork and material requited to fulfill his obligation as stated hercitt for a period of one year following; the dzte of City Council acceptance of aeon•. 4. Said Subdivider shall faithfully perform all of the work agreed huereir. to be do;.e by Subdivider and *]hall fully indamify and save harmlels the City of Huntiug►on Bosch from all casfc and damage which it many suffer y reason, o,c failure so to do and shall fully reimburse and :spay the City all outlay and expense which the City may incur in making good any such default.. S. The Subdivider ag:ress to furnish to the City and maintaici In force until tt,,e cotupletion c , the work herein agreed to be done, by Subdivider, at Subdivider's expsnaa, a protective liability policy ici WW.,h the City Is nanwrd 46 an adli tional insured. The policy shall insure the �tty, its off .cbrg and employees while acting with n the scope of their duties, against all claims arising out of or in connection with the mark to be performed. The policy shall provide for not less than the following amo, �s s Bodily Injury $100009000 Aggregate Property Damage $ Arm-t pWkx per year of policy lire) Such policy shall provide coverage at least as broad as that prnv?dc6 In the Standard t?crm approved by the National bureau of Casualty Underwr+l;ers together •7ith such tcndorseme:nts as are required to cover the risks involved. The Subdivider shall arrange for the policies to be so conditioned as to cover the performance of ixtra or unfareseen work, should such work become necessary. Prior to the recordation of the ftnal Trac c Nap, &% Ldenee of inai►rance shall be furnished in a form satisfactory to the City. In W#Rtiont Vic Subdivider shall furrimh evidence of a commitment by the insurance comp,eny to notify the City nt the expiration or cancellation of any of the insurance pnlaciea required hereunder not less than 30 days before each expiration or cancailacion is effective. b. That shied City shall not, nor whall any officer or employee thereof; be liable ox respo%isible for any accident, loss or damage happenicig or -2- occurring to tie works specified in this contract prior to the completion and acceptance of the seas, nor shall said City nor any officer or erployte thert.cl, be 1;able for any pa•reons or property injured by reason VI& the nature of said work, but all of said liabilities shill be assuaged by said lubdirlder. Said Subdivider further agrees to protect said C:it! and the officers thereof from all liability or claim because of, or arising out of, the use of any patent or patented arttcla in the construction of said work. 1. That it is further agreed that sat: Subdivider will at all times from the acceptance by CAM Council of the highways offered for dedication In said tract up to the compi4ttion and acceptance of said work or improve- ment by srtd Council, give good and adequate warnJng to be traveling public of each and every dangerous condition existent in said highways or any c•f them, bred will protect the traveling public from, such defective or dangerou s conditions. That is is understood and agrreed that until the completion of all the improve:aents herein agreed tc tie performd each of said highways not Accepted arc improved shall be under ►:he charge of said Subdivider for the purpose of this contract, and said Subdivider may close all or a tortion of any street whrasver it is necessary to protect the traveling public during the reeking of the improvemnts herein agreed to be made. And the Subdivider hereby agrees to pay for such inspection of higtmays as may be required by the City Engineer of the City of Huntington Bee--h. S. That in the revant suit is brought by the City to enforce the terms and provirlons of this Asredmnt or in any bond given to secure the per- foratnce hereof, a teasonab A attorney' s fee, to be fixed by the Court, shall be paid by the Subdivider. tW WITMS WHMOF, the parties have executed this Agreetunt. SUBDIVIDER HARBOUR-,PACIFIC, LTD. By: HUNTINGTON HARBOUR CORPOP,ATION, Genera Partn -. CITY OF HUNTIMTON BEACH, 9. ."7 ` a mu ipal corporaticn, BY'• Da a RQ eo 52-4 Vice P�eeident ,ry B y Mayor 0 8y onarg e t Secretary AT'FI:F'* r AL-ty- Clarkof The ty of Huntington Beach ,47PROV'b'b AS TQ rQM1 roil 110 A CitY Lorne; �A putp City Attoralf -3• ap STATE off' CALIFORNIA ss COUNTY O' CRILNCE > on thisw day of , 19 3 , before me, a Wotan uric in and Ur as-it-County and Statat pe appeared ,,-, known to = to be the Mayor and F �, %nown to ais to be the City Clerk o t City o nt nStoe as arinicipa: corporrwtio,44 that exe- cuted the withLn iastcuarent, known to in to bit the persons who executed the within instrument on behalf of said rwnicipal corporation and acknowledged to me that: such municipal corporation executed the some. MN1Iit>��Y a w ar�����M�r��tlilU�illilr 4Awltir�N� If/fIC1AL S[AL FLOYD C, BELSITO t1o1AAY PlIgIle CALIFORNIA wINCIPAHCiPA1 17 , Y� /fIC(IN ORANOt COUNTY My COk WON VII'm Mel'. 10, 1014 «any G �■NUiiM�M�Q+ri��M�•��::�M�IIir�Mpi STATE OF CALIFWXA ) a s COL Wff (W LOS ) ANCEL'ES on ���..� 19 . before me Patricia D. a Notvey Public, in and for said County an State, persona '�vppev'red w and George L. A delott + ftm-.t.$me to be the jL_ fraa nt and the Secretary of the corporation that executed the w thfn�t umentl pursuant. to its by-laws or a resolution of its fl:gxd of Directors. PAIRICIA n. THO ► Notary Public HOTAR7 PUBLIC . CALIFORNM PR:NCIPAI OFFICE IN L.OS AWCELES COJN" kV Cam Biro June 11, 1973 i�ty Commission exp ire s_June 17,_ _1.�7� -G- { 1 AGREEME NI AFFECTING TRACT NO. 78 O r HARBOUR-PACIFIC , LTD. , a limited ; partnership by Huntington Harbour Corporation, a corporation, General Partner, GRANTOR CiTY OF HUNTIN GTON BEACH, a municipal corporation, GRAATEE Legal Description: Tract No. 7850 in the City of Huntington Beach, County of Orange, State of California. TH I S AGREEMENT, dated this , ck� � day of May, 1973, at Huntington Beach, California, by and betwein HARBOUR-PACIFIC, LTD. , a limited partnership, Subdivider, hereinafter called GRANTOR, and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter za l l ed GRANTEE. In consideration of approval of Final Tract Map No. 7850 and in connection with and on condition of GRANTOR'S development of Tract 7850, GRANTOR AND GRANTEE bgree as follows: 1 . GRANTOR shti1 install a senitary sewer system for each boat slip within Tract 7850 per approval of the Department of Public Works and Department of Beaches and Harbors. Such system is not: In existence; however, the GRANTOR has perviously agreed to install a pilot system within six (6) months and If successful , the design will be used in Tracts 7850 *no 8005 provided, r Y" however, the total cost to Install said system does not exceed SIXTY THOUSAND -DOLLARS ($60.000.00) . If not feasible, GRANTOR will instcll one pump-out facility to serve Tracts 7850 and 8005 as approved by the Department of Public Wirks and the Department of Beaches and Harbors. 2. GRANTOR shall coldly with all orders and rupplements applicable to GRANTOR heretofore issued by the Santa Ana Regional Water (duality Control Board at such times as required by iaia Board. This provision ii not intended to enlarge the obligations otherwise imposed by said orders and supplements. 3. in addition to the foregoing, GRANTOR agrees to cooperate with GRANTEE to accomplish all other recommendations and the intent of the Environmental Impact Report of the Environmental Review Board of the City of Huntington Beach for Tract 7850. 4. The following shall be a cordition of Final Tract 7850: All of the terms and conditions set forth in the agreement between the City of Huntingtoni Beach and Harbour-Pacific, Ltd. , dated May 2, 1973, shall be performed in accordance with such terms and conditions and within the times stipulated in said agreement but this condition will not prevent the i recording of the map. 5. Conditioned on approval of Department of Real Estate, this agreement shall be part of the official Real Estate Commissioner ' s final report on the property affected by this agreement, an a GRANTOR shall transmit a copy of this agreement to the Real Estate Commissioner requesting inclus !on hereof in said final report. If the Real Estate Commissioner does not 2. • A approve the Inclusi on' of the aorewont ih said final report, GRANTOR agrees to de'liver' a copy of this agreement to purchasers of units in Tract 7850 and obtain it receipt therefor to deliver to GRANTEE, 6, GRANTOR agrees that this agreement will be binding an the successors, assigns and traw.larces of the GRANTOR except as provided in the naxt paragraph, 7. Nctwithstanding anything in the foregoing to the contrary, this agreement is not to be binding upon any purchaser of a condcminium or lot in Tract 7850 or be a lien or cloud on the title of sale purchaser or any other purchaser of individual units in Huntington Harbour . WITNESS OUR HANDS AND SEALS the clay, month and year appearing below. DATED ,� , 1973 HARBOUR-PACIFIC, LTD. , a limited partnership by Huntington Harbour Corporation, a corporation, general partner. GRANTOR B ' By -_ • GATED o1973 CITY OF HUNTINGTON BEACH, a municipal corporation GRAM E Y R 3. r 'ATTEST: AP CV AS 0 RM1: City Clerk y t ney A it 40 . r 1 STATE OF CALIFORNIA) COUNTY OF ORANGE ) On this Z,.day of 6W , 1973, before me, the undersigned, a Not Public in and or said State, personally appi:ared ,,,"+. gam_ A..►gA,,6Cf &, known to r* to be the V i v,t-P re;1 dent, and AA ..M ..., known t* me to be the Assistant Secretary of AUN 1NGTON HARBOUR CORPORATION , the corporation that executed the within Instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of HARBOUR-PACIFIC, LTG. . a partnersh?p that executed the within Instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same, WITNESS my ►oancj.,and official seal , 1Mdf1YYMRYWW1l ununutlrnmdttltR�MNMinNllitlrltl,,hitlMMM SignatureOFFICIAL SEAL LINDA SUSA'i H S ARR g �►_ NOTARY PUBLIC4'eUIrORNIA PRINCIPAI, OFFICE IN LOS ANGELES COUNTY Arrw My commission Expires Sept. 25 1975 Name Typed or PrintednMIYIIIYIYYYYfYiYYW11W11Nd111Ny1�M11WJM1�1�1ryi1{ �Ilpl� MR4w11 MI11cN6 A�� 7MR�! C+Mi/1 i/ 0*LT CITT er NowflWyou 111a0"01 poem COWL4I.1n cAhTI►It&f4 r91 CIRTIFICAiI OF INWRAWN Oi CIIIIMICA79 Of 1109kAIKII WILL 99 �ctlrrsk CITT or!4,V41Inv" light" TO DMAaTWILT ar PWI,It rr11Nr oT op INa�sM, CMLIrN:aA *ras CITY OF HUNTi14410H &1ACM, C.ALIf oiw,% A M: NICIPAL C=PCiATION I This is to certify that the Policilts of insWance 'is described nelow have been Issued to the insured by the vrvdoi- SIVIIIOW lttrrl we in force at this time. If thole policies we conce;lad or chnnk;ad in such a manner thm will offoct ibis K cev;ifle�ati the Jnllursnea co �r roes to dive aO da/s prior written Awtic 1, by Rail, t� City of Huntingron Beach, F.1% Box I", 11wroiVion Beech, California 9264. Nasrle of Insuroti..,.. HAK1O,Ult., PAC LTD. Address of Insured 3025 OLYMPIC BLVD. , SANTA MONICAe CA.; 90+04 - -. Location of Insured Qpowlons HUNT I 00101111 1EACM9 CA. Desallttlelr of Operations RE51DWIAL CONSTRUCTION, TRACT 78509 HUNTINGTON OWNS 'CA. POLICIES IN FORCE PPOOLICY DATE LIMITS OF LIA■IL.ITY MUM"I't EF<R CYIV iLll'11tj%1rI0N A. Workman'sCernponsotien FIREMAN11 FM AMBER CAN Statutary li Employers' LIab111fy MC 15 9 3 7-1-72 7-1-73 #?0Q.000 .�... ,��.. B. Public Llabi'lli r: Bodily lAluryt Menufacturws and HOUSTON IENERAL INS111RAKi 900 Corrtreeters 1 MCLUDEC GLA $_�l�A00. .___ _Each Parson Comprehensive 557119 6-8-72 6-8-75 Ganv*`I S !.' 0 —__Each Accident (I sec I uA rp products completed f►rc Wy Domw 119 6-8- t 6-8- $ '50,dUO. Each Accident C. Autaenobile Liability: Bodily Injury $ Each person $ _______._Each Accident Propwty Damage ?, Loch Accident • Does policy cover: All owned automobiles ( X ) Yes ( ) No No"wned automobiles ( X ) Yes ( ) No Hired automobiles ( XX ) Yes ( ) NO D. Additional Insured Endorsement: The insured agreed that the City of Hunthvton Beach and/ol members of the City Council or boards or commissions and elective and appointive officers servant or employee of the City of Huntington Beach when acting as such, are additional assured% hereunder. , A9 RESPECTS ABOVE DESCRi BED jOB ONLY. E. i-;old Harmless Agreamentt The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of an-1 suits, claims, remands, judgamcnts and causes of actioo caused by insured, his employees, agents or any subc*ntractor arising, cut of or in consequence of the perfor.-njftVED6L&U jTr�ox ed by this certificate. Or F. MIM num Limits Required: City Attoruey .66 Public ► !ability (Products liability, including completed operations) Bodily injury•vach person $1,000 OOO Aggregate By= each accident Deputy City Attorney. Property donlarpe G. Re"rk MISSION INSURANCE CO. POLICY # M76403, $5 ,000,000. EXCESS OVER PRl NARY .._.. LIMITS OF $250,000. CSL, (Signed) INSUIRANCE COMPAN r SIGNATURE OF AI'TMORIZIC 11tr1119UNTATNE HAYNE-WREHAM ii. ASSOCIATES SERVICE fVUEST � CITY OF HU NTINGTON BEACH r J' r /- Dole 00 fe PLEASE AEPL*-' TO Signed Dole servo Fam r AND s Wlirir CoArof4i iNtan. fit; 465 PAIT 3 wits r4 AMANRr Wolff rrrnr. STA ,NZI V Or s c= r you Council OwAber, City Ha 11 Huntingf;on Mach, Cal ► torrtia Dav w*o1r 6, 19% .,.■..■..,r.r.....■._....._..�.�. M utu..ldi a L' _..�_...._....._. called the n4mlar meting of the City Ccunc�il o. r.L.2 'City of Huntington beach to order at "i�l.11. 11 ri.s e n c: Barti 9 p naon, 20a, b rt�y Mi,edar-s,Shankam Air s e n t: sAAAArNAAIlAwA!lwwAw *!!w CONSENT CALUNDM - IT00 Aber,M on motion by llartlett, oeoorA tattinrorn, tho 101lowtr4j it*= were approved as recoft- ■ended by the f0110vinq roll -'All '410"1 � AXq: Bartlett, Patt.insong Oven, sLebrrtr MiAder NOES: None AUENT: Gibbs, Shenkman !Awwwrwwwlwww+rwf�rw�rlw*+rw+r�►r�r*wawl�rirrw+rrtw�►�rw�rwsswl�►*�►w*wr,►Alww► wwlwrt► DEDICATED IMPPAM1TEM,FNTS _ TfihC`T 1850 W1MUR PACjFZC, LTD. - Accepted improvetwntrs delicated for public u8e1 authorized release of the Faithful performance portion of the improvement bond only, the Monument Bond and termination of time Subdivision Agreement, as recoxmnd+ed by the Director of Public Norka. fA1A#AA#�rAR� :. A ##AttRYlfiltlRwtA!!!**14R14*#w!w#f#!w!R!*111�111f 'r*ltl1�*fRw*wl�rA#rlRRiA*w9M11:#*t1111* On mDUon by. fattinson# secorA DAZOAttthe regular meeting of the City Council of the Ctty of Huntington Mach adjourned at to t�e,,,-cs rI'i 20 � at ?:(NJ P.M. in the CHl � The mr, .r„-. �,as passAd by the following vote: AYE;E'.. JJAA.tlettg Pattinsonr Coen, Siekvxt, 8hPntnan, Wieder r�+wr.'�. . i ■ i iw■■■r.rrr. + w■■■p�rrar.www. w ww.w......r� DOES t o ASSENT:_UWa w www Al:c.ia H. Wentworth City Cl;:rr and ex•-off icio Clerk of the City Council of the City ATTEST: of Hunkington Leach, California Alicia M. Wentworth Harriett M. Mieder City Clerk Mayor STATE or CALIFORNIA ) County of Orange ) SS: City of Hu ntington untin ton Leach f 9 ) I, ALICIA M. WENTWORTH, the duly elscted and qualified City Clerk of the City • of Huritinytun is�arh, California, Jo hereby Certify that the above and foregoing is a true and correct Statear,nt of Action of the City Council of said City at their regular. ._..._..._. ..........__....neet ing held on the 6tkl day of Deaes4ar , 19 16 . VITNCSS My hand and weal of the saie City of M AItington beach this the 8th day of ,...........,,...N� 1921.0 0,4 �,ic,,,x•, 44^w MY CIAWk and ex-off icio Clerk IDPu1. Of tho Uty Council of the City of IiYa ton reach, California Y •,•, r •... .... JS . .•n...y „.. w.. �N. w.i'"M 1'IR''� � k• ��"f� �N►�1MK. ._._.. _ _. _________ _. ... _ .. - - __--___' �.� Cityof Huntington Beach mff~-a pip poem-own Vd- ....wr.. EINYGINEERING DEPARTMENT tiovember 9 , 1976 Honorable Mayor and City Cauncil City of Huntington Peach Attention : Floyd G. B, sito City Adnt:.:,iatrator SLSject: Dedicated Improvements Tract 7850 , Harbour-Pacific, .sjtd. South of Edinger. , West of Saybrook Dear Council Members : Final inspection of the subject tract has been made by this department and it is recommended that your Honorable Body accept those improvements dedicated for d that authorization be ranted for release public use an t g of the faithful performance portion of the Improvement Bond only, the Monument Bond, and the teT-Anation of the Subdivision Agreement. It is further, recommended that the City Clerk notify the developer , and the Treasurer notify the bonding company of your action of this matter. The improvements dedicated to the city of Huntington Beach have been constructed itsaccordance with the plans and specifications of. the City. Very truly yolare , do 01 . art Director o public Works HI-Ii:BPC :ae I HUXTINGTON HARBOUR ,tune 29. 1973 b e Mr. Oat i d 0. ilaw I OWs City AdnInW?ator City of Mtrnt i rwon !reach F. g. pox 190 Huntington S*wh, California 93648 bear Dave: An February 16, 1973, the EnvironvAmtol Review bard transmitted their rocrAwsendations to the City Council for acceptance of final Tract Map 0005. This action was taken after two separute Environmental Impact Reports were prepared on this propertli and public hearings held. On February 20, 1973, the City Counci i , at their regular semi-mnthly creating, set cific requirements to be incorporated into an agreement between the Developer &W the City. This agreement was drawn by Ow. City Attorneys of f!ce. On F&,,INary 26, 1973, trite City Council met in special session to approve the �egrtlra ,t anal the Tract map. Ilorebve r, no motion was ever made by City Council to formally *"opt the Envi romental Impact Report prepared for the City by VTM, althwgh or4orol coal imentary remarks were made by Councilman Green, and others, as to the outstanding quality of the report, Huntington Harbour Corporation has subsequently paid for the E. I . R. , and now discovers the report was nmver officially accepted. we hereby request that an appropriat* Motion be passed by City Council to officially accept the Environmental Impact Report prepared by VTM on Tentative Tract 7850. Respectfully submitted, lr •Vti ��► .�� r port 1.. ly rrce s,, I�. �r Vice President Huntington Marraur Corporation ixa: l., 1 4841 WARNM R Ati'CMI!!:, HUNTINOTON HMAI'II, CALIFORNIA W0640 r r CoeMia chalberr City Nall 0 NYnCi�t� �sb� +prl!■larrani� Mandy. Jul! ���_.. 19:►� RIM aallid the regntlar ""ties of 1`,ln0 Ctty Ow-iaell of the city of vw*iagtoa lama to ordos at t 1166 F.M. Ob� Ir Bartlett Gibbs Grams Coon, Dnlw, 11rtWY ,�mtrai■eil� rraraet s p !►� AYY.i.r.■■..�■�■�wwww�■■w.rdwn■wwhw+Y.�Y�w■°' 0~11oon Absrt: Nora aai�rA#mA MMM& win N - T V0. 700 - D ram.■...rw�w�w.ww�*u�....w psi r.�w�..r�■■ The 41ty Administrator i:afo mW Council of a cosw«►ication fray muntiagtoa 1jw3r*wr Corpoeatio l 4241 warner Avemn, City, re"stind that Council take action to officially accept the Navircume tal Upset Amsport prepared by Voorhals, Triadle and Volsoo, Coiaeolidated, Inc. , on Tentative Tract No. 7850. The Administrator inforaed Council that ined"rtently the Imironamtal Dwact import bad not been officially adopted and recossirnded theft such action be taken by Council at this tim. On notion by dkipley, Council adopted the 6nvironmsntal Lspect Report on Tentative Tract 11o. 7350 as prepared by Voorheis, Trindle and Nalsou, Consolidated, Inc. The notion we pasted by the following vote: AYS: CouneLluen: Shipley, Bartlett, Gibbs, Green, Conn, Duke, Matney RM: Councilman: Nona A*SXNT: Councilaen: None ee� On Mott" by Dwlett: the :regular ` meeting of the City Council of t1..o City of 1h,.v .;nXtor bomb adjourned at „ 12 Midni ht to - ZgJIL T_Ju;v r 6.. . 1� at i-.3d P.M. in the Council Chambers �. The stoat ion was ,as sad by the offing vote A, U: CounclAxim: Shipleyl Bartlett, Glibb*s Green, ,Coen ))uke,, Matn+r���w._� M: CouaciLwns one Ai0i s Coumailw: • Al c W nth City Clark and ex-officic Clark of the City Co+un cti1 of the City A'N=: of Huntington Beach, 0411futa". ....r,r.Yr� iZ..4fiwW 1. r�.■■.r/a■■■r.�r • Jam A■ Mnt� ■—r`rrMMMYiw�r.rwrw. / w11�i■Y■Y■1■.r■■wr City Clark Mayor STATE OF CALUUMIA ) aoanty of Ormp ) •s: City of Wuntington Beach ' 19 ALICIA M. W M'1'i10=9 the duly appointed, qualified aced acting City Clark of the City of ■aratinMton lkwh, California, do bereby mortify that the abo'm and forgpia,g is a taw and correct Statasrotof Action of the, City Council of said City at their resular mmnrotto& hold c►a the 2nd day of ..._July.._„._.■,.,r 19 .. ,.3..�,,. MSS my hand mind Beal. of the said City of Huntington beach this the 3rd 6" of Jul'? ■■1►..AY■�Uw■..�rr 19 7.73._._.._. i Alicia M. Wentworth City Clark ex-o f oto Cla of the City Council of tine City j of Nwkt iagton Bevels, CaUfo By "Pity 1\•r1S I tlf• ` .1, ,Ir'd 11 ^' _ ..Y. t - . (, ,. i ti {. •f' .�. •.•. 7 �♦l 1` It l ( t '•,♦: •', Rw IT'.•\' .' ' t,, � r w '• 'y' r r ,r• . 11 • .♦..�: • �. a •: t ,. V :..' 1, •f• r' , r. 1 •� ,, ♦ .. 1. •\ y•�y,••! �Y.r'♦ ` "1✓�• 1 5\ . 1 • \••`S • , .. '., . I , .• H• , •, �, 't•(�' r.i ij ;Nr ilf i', i I `'�' ♦y ' ' E 'y t , :u !� l y ` 1'fy Owl 61 4-14 a- ,70_�� f• r: ' ��1 ( ,, ".r t' r .y '•'a a `'!'. r ,� , ; � � ) ', ,�� Cityof Hun11%ix;,4ton Beach 10.0. Box ISO CALIVO*NIA ENGINEERING DIRpARTMENT May 17, 1973 Honorable Mayor 1/7 and City Council City 9 of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Tract 7850 - Huntington Pacific, Ltd. S,/o Edinger, W/o Saybrook Gentlemen: Transmitted herewith are : Monument Bond No. SC 7304264 Faithful Performance Bond No. SC 7304265 Labor and Material Bond No. SC 7304265 Two (2) copies of the Subdivision Agreement for the subject tract. The bonds should ba accepted by the City and the City Clerk instructed to file the instruments with the City Treasurer's office. The Subdivision Agreements should be accepted by the City and the City Clerk instructed to file one copy end return one executed copy to the subdivider. A) 1 instruments have bean approved for amount by the Department of Public Works and for form by the City Attorney' s of'Ei a*. Very truly yours , 644�`amaa R. Wheeler Director of public Yorks URW%CPS :ae Trans. CAM 21 SECTIONAL DISTRICT MAP 19005-11 d" i1�T l' CJTY OF 0" MAN& gMtd IYMw M,tt* wt a•ww{.�.mt 8* all m" ~.sm" vWw? •.44• ���� HUNTINGTON BEACH �.�•� ate �. t•ww•w ORANGE COUNTY9 CALIFORNIA go me ANE ,f ,' LLL111 r•T,r, I ` .. RI f \: + t � �.�w�►�rat. Rl i.i t •+lox ) {"i 4 maw•A��r SE!CTIONAL DiSTRfCll MAP 11 CITY OF T T TING TON BEACH .1uN ORANGE COUNTY, CALIOORNIA USE OF PROPERTY MAP !` AVE \ M 'c♦' v i •..Jvr r At 'x t` �h ' „ All. fir, F ,f • PIP l.' t s r 10 OIL / \ / • Is ar "IT ,✓� 1� \ arm..� w -A-L City of Huntington Beach ,. .. !�� * P.O. Box 190 CALIFORNIA 02444 My 16. 1973 first Att�: Yitl• araxoraa Corp ► 421 al Mtk MOLD Street Santa Ara, CA 92"2 Attention: Willim 2- 39UGS RE: Tract MUp No. 7630� Gentlemen: Thic ie to inform you that all fees have been paid and conditions suet on the above named tract. You are free to record same at your convenience. Sincerely yours, 'Alicin M. Wentworth City Clerk AMi:to NOTICE COMPLETION WITH CONDITIO ' ON TRACTS AtJT RIZATION FOR RELEASE FOR R CORDIN,GG TO: CITY CLERK DINE FROM: PUBLIC WORKS DEPARTMENT Charles P. Spencer TRACT NO. DEVELOPE .*X� CONDITIONS : Date Deposit of fees for water, sewer, drainage, ~ engineering and inspection. . . . . . . . . . . . . . . Bond for Improvement . . . . . . . . . . Signature of Agreement. . . . . . . . . . . . . . . . . . . . . Certificate of Insurance. . . . . . . . . . . . . . . . . . . Bond for Monuments . . . . . . . . . . . . . . . . . . . . . . . . . Approval from County Surveyor. . . . . . . . . . . . . . .� Labor & Material Bond. . . . . . . . . . . . . . . . . . . . . . Other: �,nnture J a,.. NOTICE OF CCMPI1.11ANCE WITH COMMONS ON T10CT AUTHORIZATION I�aft RELEASE FOR RECORDING TO. City Clerk Datre.�..,�.... FROM PUNNING DEPARTMENT .Tames W. Palm TRACT NO, RECREATION & PARIC3 FEES FAIL � { ,,�► Other: �. gnat i+e�, e *�q AAIEq � c . A. First American Title Insurance Company 4:1 NORTH MAIN STREET, (P.O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (AREA 714) 547.6892 Imo' lop 19T3 Mrs . Alicia Wentworth City Clerk of City of B:u>tington Desch Atteedtim: Itr1e . Alicia Wentvo:rth City Clerk . Flo: Traci: No. T850 our ordier No. 1119393 ]hear Mn . Wentworth: i As a representative of First Ave ricen Title Ccelpany, I hereby certify that Tract go. 7850, if ,-:*leasv.d to said ?'avt Amer: can Title lusur- &nce Couyan,4/, will not be released, except to tVA County Tax Collector, County Clerk, and/or the Cv+ wby Surveyor; And in no event will said map be recorded until Ianthori%ed by Mrs . Alit .dk Wentworth, the City Clerk of. the City of R=tington beach or be:r Deputy. wf llias► H. Bruns Assistant Bftcretary Subdivisior, Departmnt WAD: �s ! r r 1 1•. r 11jiiit,t lo% Vklk cqr. Corporation Attenti'ihtt. ,;yruos$ Jr, Dear- SPri ., That Cfty Council of:M ti•q otx Sisih st its regulat mesti.ne hold Monday, `Hay ,T,. 1973, ,•approvsd tho 6greement vrith Hunt— iz;gtcin. Fic' ificl-Limitid affectLng,Tract No.. 7,830. ' gn los d. is �i duly ,oxvout*d: cepy for -yove, ric•ax•dn Slnciroly yours, , Aliaiik' Hv Wentworth' i ' , I ftty Clark ; ' Bncl: •1 ' ' I , Huntington Beach Planning Commission P.O. Box 190 CALIFORNIA !F$644O April. 9, 1973 117-3 i TO: Honorable Mayor and City Council FRC)M: Planning Commission RE: Final. "bract Map No. 7850 - Being a portion of Tentat ffv Tract Map No. 7850 Gentlemen: Transmitted herewith is the Final Map of Tract No. 7850, being a portion of Tentative Tract Map No. 7850. . Subdivider: Huntington Harbour~ Corp. 4241 Warner Avenue Huntington Beach, California lEn ineer: Moffat and Nichol 250 W. Wardlow Road Long Beach, California Location; South of ]Edinger Avenue , west of Santa Barbara Leyte i AAcc,rane: 6.820 Lots ; 34 wrNw zone.: R1 This map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commmission as being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. The City Council may approve the map, accept the offer of dedication and improvements subject to completion of re- Final Tract Map No. 7850 April. 9 , 1973 Page 2 yu.irements as shown, and instruct the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt by the City Clerk in writing from such comimny stating that it will cause preliminary► processing of such map by the County but will not record until the completion of the following conditions , wnd receipt by such title company of prior written content to record said trap given by the City Clerk: 1 . Deposit of fees for water, sewer, drainage , engineering and inspections. 2 . Bond for tuoriuments. 3. Bond for improvements. 4. Subdivision agreement. 5 . Certificate of insurance. 6 . The final map shall be recorded prior to the expiration of 'tentative Tract Map No 7850, on May 1.60 1973. 7 . Park and RecreaCi.on fees shall be paid prior to recordation of the final trap. Respectfully submitted, K.A. Reynold , Steretary KAR: jh Encl : Location Map rxi R2 RI , CF-E R� °•\ RI • </ I- RI R,• ,r� RI -_L1 RI CF-R�= 1 +� �'! t,• 1 ifij � 7' • RI � RI Rtj RI R I RI , III RI R\ RI \ RI R I r A4A IYIyAi��11A11�M�� � ��w FINAL TRACT NO, 7850 rnrnlw'ION n,W►+ HUPITIMTow BEM PLARKM K". 0 Huntington Beach Planning Commission P.O. aOx 1!0 CALIFORNIA .,2640 April 9, 1973 TO: Honorable Mayor and City Council FROM: Planning Comission RE: Final. Tract Map No, 7850 - Being a portion of Tentative Tract trap No. 7850 Gentlemen: Transmitted herewith is the Final Map of Tract No. 7850 , being a portion of Tentative Tract Map No. 7850. Subdivider: Huntington Harbour Corp. 4241 Warner Avenue Huntington Beach, California Engineer: Moffat and Nichol 250 W. Wardlow Road Long Beach, California Location: South of Edinger Avenue , west of Santa Flarbara Lane Acreage: 6.820 Lots : 34 Zone- R1 This chap has been examined and certified by the Director of Public 'Works and the Secretary to the Planning Commission as l being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. The City Council may approve the map, accept the offer of dedication and improvements subject to completion of re- w I Final Tract Map No. 7850 April 9 , 1.973 Page 2 quirements as shown, and instruct the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt by the City Clerk in writing from such company stating that it will cause preliminary processing of such map by the County but will not record until the completion of the following conditions , and receipt by such title company of prior written consent to record said map given by the City Clerk: 1. Deposit of fees for water, sewer, drainage , engineering and inspections , 2 . Bond for monuments . 3. Bond for improvements . 4. Subdivision agreement. 5 . Certificate of insurance . 6 . The final amp shall be recorded ri or to the P P expiration of Tentative Tract Map No 785U, on May 16 , 1973. 7 . Parke and Recreation fees shall be paid prior to ,I recordation of the final map. Respectfully submitted, - K.A. Reynold if, Secretary K,AR:j h Encl : Location Map i 4 RI R2 • r ,I RIB, or i RI RI '�. '�J `; \. R, :'Ifs-.-.- j �i�� ,�'+• �y• f ttt I ! ! i R ^�`\ V.• i RI Rl �G" �, `r•' ,�\\`� �' �1 I 1.. _....J i1 i � �iMIJ,:-�' ' �, \�I AL ����^ .\ /�; •:.�•�,r'€a�ti.� \ �' �,I, Ftl �1� 7 � rlr-� ��}• � rl 1 1 1�I Nt • •1 7NMw�li \M FINAL TRACT NO , 7850 A, �► .Y,1 rll '�Ihi.1(H► NI 11 H MUNTUCTON BEACH PI.A!w DING Of". t CRIG11*L COPY (',►fir. Huntington Ouch Punning Commission i MM� • l-1.0. Box 190 CALIFORNIA 926" April 9 , 1973 TO: Honorable Mayor and City Coulvc it FROM: Planning Cossai s s i on RE: Final 'bract Map Nc:. 7850 - Being a portion of Tentative Tract Map No. 7850 Gentlemen: Transmitted herewith is the Final Map of Tract Ko. 7850, being a portion of Tentative Tract Map No. 7850. Subdivider: Huntington Harbour Corp. 4241 Warner Avenue Huntington Beach, California I.n„neer: Moffat and [Nichol 250 W. Wardlow Road Long Beach, California Location: South of Edinger Avenue, west of Santa Barbara Lane Ac„ cr : 6.820 Lots : 34 Zone : R1 This map has been exmined and certified by the Director of Public Works and the Secretary to the Planning Cotwi.ssion as being. substantially in mccordaluxe with the t.eutative map as filed, amendod and approved by the Plaming Commission. The City Council may approve the map, aC-ceapt: the offar of dedication and improve%ents subject to conpletion of re- Final 'bract Map No. 7850 April. 9 , 1973 Page 2 quirements as shown, and instruct the City Clerk that he may affix his signature to the asap and deposit same with any licensed title company after receipt by the City Clark in writing from such company stating that it will cause. preliminary processing of such map by the County but will not record until tht completion of the following conditions , and receipt b;,- such title company of prior written consent to re=-d said asap given by the City Clerk: 1 . Deposit of fees for water, sewer, drainage, engineering and inspections $ k , Bond for monuments. 3. bond for improvements. 4. Subdivision agreement. 5 . Certificate of insurance. 6 . The final map shalt be recorded prior to the expiration of Tentative Tract Map No 7 '�50, on May 16 , 1973. 7 . Parr and Recreation fees shall be paid prior to recordation of the final map,. Respectfully submitted, K.A. Reynold , aucretary KAR:j h Encl : Location Hap • . RI 1 RR I RI ` CF-E .... _ . RI IRI r I K7L � � i� \ �� � i wpm- i I• .►rn,.r low I f f oil R I At QI` RI R I At RIRI 1 � �t •Ryr^ ! R 1 �ti, A-r R I >,wrrawwrswrYan � �,�+� iTbf uwerrwrrawr � swa.�rw� FINAL TRACT NO, 7850 M1101,M►MI114 vim N N�11�TIUT�11 M M �N�i K�. i Huntiniton Roach Planning Commission P.Q. Box M) CALIFORNIA M44 ,April 9, 1973 TO: honorable Mayor and City Council FROM: Planning Commission RE: Final ?bract Map No. 7850 - Being a portion of Tentative: Tract Map No. 7850 Gentlemen: Tranomi t.tod herewith is the Final trap of Tract No . 7850, being a portion of Tentative Tract Asp No. 7850. i Subdivider: Huntington Harbour Corp. 4241 Warner Avenue Huntington Beach, California En .%c emr: lloffdt and Nichol. 250 W. Wardlow Read Long baach, California Location: Sotilh of Edinger Averine , west of Santa P. rbara Lane Ac : 6.820 Lots : 34. Zone f, ltl This map has been examined and ce4tified by the Di.ractor of Public Works and the Secretary to the Planning Cowiss+on as haInA substantially in accordance with the tentative map as filed , awended and approved by the Planning Conmt!Lssion. The City Council may approve the map, accept the offer of dsdlcatiun acid improvements subject to completion of re- Final Tract Map No. 7850 April 9 , 1973 Page 2 quirements as sham, and inrtr=t the City Clerk that he may affix his signature to the map and deposit: same with any licensed title company after recei.pL by the City Clerk in writing from such company stacing that it will, cause preliminary processing of such asap by the County but: will not record until the completion of the following conditions, and receipt by such title empa ny of prior written consent to racerd said amp given by the City Clara: 1 . Deposit: of feits for watsr, sower, drainage , erngimari.ng avid ins;wc.tions . 2 . Bond for wonumnts . 3. Bond for i.Lpravements . 4. Subdivision agreement. 5 . Csrtif i,caate of insurance . . 6 . The final soap shall be recorded prior to the expiration of Tentative Tract Map No 785U , on y 15, 1973. 7 . Park and Recrreatiou fees shall lase paid prior, to � Arco :-datiou of the final soap. Respectfully subaait.ted, K.A. Reynoldt , Secretary PRt jh fte 1 : Location Map W/ •r�rn.wr t� I . ' ql �4i�. _• e . �»w„��r•° � RIB � •I CF-P cimr RI \\,f fit.�� r• / Ff / � + P1M�►�,Ili,•' jAp fCk f� \ . i oil s � �•yt �•,�� ,� R I �i: • •�` \� `I� �� p 1 R IAr r ` i M1 • I FINAL TRACT NA, 78% H�z 1MM t � a TO : The Honorable Mayor and City Council Memb-rs ATTN: David D. Rowlands , City Administrator FROM: Environmental Review Board DATE : February 16 , 1973 SUBJECT : ENVIRON14ENTAL IMPACT REPORT - TENTATIVE TILNCT 7850 The Environmental Impact Report for Tentative 'rract 7850 is transmitted so that the City Council may consider the approval and acceptance of Final 'rrac:t Map 8005 . A221acant : Huntington Harbour Corporation 4241 Warner Avenue Huntington Beech , California II Location : South of Edinger Avenue approximately 1 ,000 feet west of Saybrook Lane nackground : 'Tentative Tract 7850 is a proposal to construct a 218-unit planned residential development on 43 . 66 acres of land located on the south side of Edinger Avenue approxi- mately 1 ,000 feet west of Saybrook Lane . This E . I .R. as prepared ; y VooTheis-Trindle Nelson, consultant for the City of Huntington Beach, and distributed to the City Council and other interested parties on February 5 , was put on notice for additional public input to be submitted in writing by February 9 , 1973 . Recommendations : Following are recommendations of the consultant followed by comm3nts and;or recommendations of the Environmental Review Board: l-a. VTN Recommendation: It is recommended that as a part of t e overall 7 unoing effort for the entire harbor area that Bolsa Chica Channel and the East Garden Grove- Wintersburg Channel oa concrete lined and extended to the ocean such that their discharges can be diluted and not pollute Huntington Harbour, Bolsa Bay, Sunset Pay and Anaheim Bay. EIR-TT 7850 - 2- February 16 , 1973 1-b . ERA Recommendation : The Environmental Review Board, recogniz n1 g�E-5-t xhe water quality in the harbor area is primarily affected by sources outside of the harbor , specifically the Bolsa Chica Channel, Sunset Channel , and East Garden Grove-Wintersburg Channel , recommends that the City should take positive action in enlisting the assistance of other public agencies to solve the problem. The Board concurs with the VTN recormnendation that the entire harbor area, the Bolsa Chica 11:hannel and the East Garden Greve-Wintersburg Channel be concrete lined and extended to the ocean and further recommends that if the extensions of the channels to the ocean are not feasible that the City pursue with i-s.-e Orange County Flood Control District the passibility of the j westerly extension of the Bolsa Chime Channel along the north property line of the Sunset Aquatic Park so as to be more directly aligned with Anaheim Bay. There is a need to minimize the amount of debris entering the harbor area, therefore:. , the Board recommends that the public agencies also be encouraged to partici- pate in the installation of facilities to control the problem. 2-a . VTN Recommendation: The pans to construct an outlet to t}ie ocean south of Warner Avenue for boating traffic should be encouraged. This will greatly improve circulation into the harbor areas . The circulation study- to be made by the U. S . Corps of Engineers by 1976 should approach the question of sag points in the harbor from dual entrances and should also address the possibility of utilizin offshore li•tteral currents . 2-h . ERB Recommendation: Concur 3- a. VTN Recommendation: A continuous , year long marine ecology stu y s Fuld be made . Also, nutrient loadings as well. as pollutants entering the harbor should be monitored. 3-b . ERB Rhcommendat on : Concur aced the Board recommends MT t e ty -sIM-1d., through the Harbors and Beaches Departr,ent , provide a continuous monitoring program concerning marine biology . 4-a. VTN Recommendation : That a total of five sanitary (L-Oat olcing�tank) pumpout facilities be conveniently placed through the Sunset Hay complex. EIR-TT 7850 - 3- February 16 , 1973 w t�• * /J 4l-b , ERB Recommendation: The Board recommends that the 'developer Be equ red to install pumpout facilities for each slip Within Tract 7850 . It is also .recommended that the Department of Harbors and Beaches , the Department of Public Works and the County of Orange prepare a plan to provide for an adequate distribution of pumpout facilities within the Sunset Bay complex. r 5-a . VTN Recommendation: Edinger be widened to accommodate ` projected tra is 5-b . ER_B Comments : Edinger Avenue is designated as a primary igNway on the Master Plan of Arterial Streets and Highways and has an ultimate capacity of 30 ,000 vehicles per day . This will accommodate the anticipated traffic needs of the area. The developer of Tract 7850 is responsible for fully improving the south half of the street along the frontage of the tract . This will provide two traffic lanes plus a parking lane . Each side of a; street is generally constructed by the abutting property owner upon development . However, in- this case , the north side of the property is abutted by the Orange County Flood Control District Channel . In view of this fact and that Edinger leads to the Cou,lty Aquatic Park, it is anticipated that the widening can be financed with A. H. F. P. and Gas Tax Funds . 5-c . E,RB Recor,Lmendation : The standard requirement of construc- taM o cne-haft tie street be followed. j) �� 6-a. VTN Recommendation: That the Coast Guard declare the Ana eiri Bay Bridge a hazard to navigation and pomulgate 0 its removal . 6 -b . ERB Recommendation : Concurs and the Department of Fra—rSors ana leacf�es and the Department of Public Works ` should pursue the matter to facilitate 3 is removal at thn earliest poasible date . 7-a. VTN Recommendation : The pre-construLtion survey required y Order a completed . 7-b . BRB Recommendation: Concurs and out that the developer'Ts�r� equ�ir�+d to comply wyoints th all Orders issued by the Santa Ana Regional Water Quality Control Board. This includes requirement-A. l . "The discharge of wastes , including street drainage , storm runoff, and irrigation and storm runoff from landscaped areas into the salt lake is prohibited . " EIR-TT 7850 - 4- February 16 , 1973 .� 8-a. VTN Recommendation : Recognize that the completion of the channel is desirable from an environmental point of view. Therefore , if it is determined that this environmental "trade off" may not justify immediate capital. expenditure (about $1 ,000 ,000) , a bond be posted to guarantee its completion within a reasonable time frame . 8-b . ERB Recommendation: The Huntington Harbour Corporation shall 9hall enter into an agreement with the City and post the necessary guarantees that will assure completion of the entire new channel connecting Victoria Passage with Discovery Channel prior to January 1 , 1976 . 9 . Additional ERB Recommendations : Pa. The water quality of the lagoon within Tract 7850 � s also of concern and it is recommended that , in the ` �ry) Addition quirements imposed by the California oWaterreuality Control Board, the developer be responsible for management and maintenance of the lagoon for a period of five years or until the City is satisfied that . the water puri- fication system is satisfactory. b . During the discussions on the EIR it was brought to the artention of the Board that the public access to the water ways is limited and does not provide non- waterfront residents the opportunity to benefit from the open space and recreational benefits accruable to such a facility . It is , therefore , the Board ' s recommendation that the City Council direct the Planning Commission to consider in their review of future plans the inclusion of such Access . c . A great deal of concern has been expressed over the further overcrowding of the schools in the area , specifically the high schools . It appears that the robl within the Ocean View School District will be resolved when the saturation reaches a point necessitating construction of School Site # 33 . High school sites have been purchased, however; finences are such that construction cannot occur i. until a bond issue is passed by the voters of the High School District . The City Council passed a resolution on February 5 , 1973 , endorsing the school bond issue . The problem is broad in scope and encompasses the entire High School District ; therefore , the Board ' eels that the problem should be solved at a district level and not in a selective manner. I EIR-TT 785U - 5- February 16 , 1973 CONCLUSION: The Board recommends the City Council accept the Final Tract Map 8005 subject to the ERB recommendation as herein outlined and Planning Commission transmittal of February 5 , 1973 and the Department of Building and Community Development be authorized to issue necessary permits subject to all previously established conditions or requirements . ADDITIONAL INFORMATION: The Planning Commission at tfhe ineeting of June 27 , 197-2 , conditioned Tentative Tract No. 7850 and Use Permit No . 72 - 26 that, "If the Army Corps of Engineers does not require an Environmental Impact Statement that the developer should answer the questions as required by the State . " At the Planning Commission meeting of August 15 , 1972 , a letter dated July 21 , 1972 , prepared by Moffatt and Nichol , engineers to answer the State Clearinghouse letter of June 9 , 1972 , was prepented. A motion carried "to approve and accept the report and that it will satisfy the Planning Commission requirements 'Condition #12 of May 16 , 1.972 meeting) unless the Corps of Engineers requires that an Environmental Impact Statement be prepared. " Condition #12 of the Hay 16 , 1972 meeting states "Approval c,f this map is conditioned upon a favorable report from the State and Federal agencies . Such reports shall be reviewed by the Planning Commission for concurrence . The Corps of Engineers was contacted and they have not indicated whether they will require an EIR, nor have: they indicated whether a formal determination will be made . Also, as of this date , the State Water Quality Control Board has not adopted the Santa Ana Regional Water Quality Control Board orders . Iw�w om Severns , ecreta•ry Environmental Review Board Attachments 1 , KNVIRONMENTAL COUNCIL. City f Huntington Beach P.O. BOX Ito CALIFORNIA 92940 February 9. 1973 Environmental Review Board E] ®r, !E`., P.O. Box 190 r c 1 7� Huntington Beach, California 92648 . CITY OF 11UNTINCTON BEACH Dear Board Members, ADMINISMATIVE OFFICE The Environmental Impact Report Review Committee of the Environ- mental Council commends VTN on the quality of their report on Huntington Harbour Traci: 7850. The discussions of various social aspects and environmental aspects of the development provided suf- ficient detail that "educated laymen" and engineer alike could understand. Dieeussion was limited to that which is relevant. Charts and tables were well defined, and source material was well described snC documented. The night recommendations detailed in the summary and on page xvili are indeed excellent recommendations that, if carried out, would certainly reduce nearly all problems that have been raised regarding this project, and any development in the water-oriented environ- ment. The Environmental Council will be very interested in assis- ting with the achievement of these proposals . While the VTN recommendations would attack general Huntington Harbour water quality problems, and the traffic problem of 78509 certain potential problems with the lake (or lagoon ) remain un- answered. With this type of innovative design, in it possible for the *developer to be responsible for lake managemgnt and maintaining the high standards of water quality for the first fy,C, years of oper- ation, during whichtime: the system would stabilize itself, and the new channel would be completed to Discovery Channel.? Thereby, the homeownders association would not be faded with problems of the changes that will certainly occur as the area is occupied, the lagoon is used, as well as the waterways# and as further building and channel extension occur on adjacent lands . The effoots of these changes are definitely the developers resprnsibL11ty, bsoause •it is his' design being developed. There is good discussion of monitoring as planned, and an expla- nation that monitoring is a first step to understanding; water quality. But they (VTN ) do not proceed to the seoond or subsequent steps. If a problem caused b something related to act 8 0 i oh p �► g Tr ? � s served through they monitoriAgo what Chen is done about it? If' algae eon- tinuse to fluarish in the lagoons who does what? Those queistions we have raised over and over, and they .are still not ariewerod. The above paragraph would offer the answer to the whop and ;I; suppose the what would depend on the situations Por examples if tho water- 'Env. Council VTM critique 2/9/73 p. 2 fall did not provide sufficient aeration to increase the dissolved oxygen in the discharge water] it might be necessary to install a bubbler near the bottom of the intake area. Of if there is no (or poor) circulation in the stem of the T of the lake, it might be necessary to install a circulation pump, or an additional intake pump in that area, Would the homeown ers ' association be expected to solve those problema, and pay for them, when, in fact, the initial design as proposed now might not actually be effective in this unique situation? The VTN report also raises a few small questions that we should like to point out. These are mainly r.Y,iit«ges from earlier reports that are not clarified or qualified. We would like answers to these questions from the appropriate individuals, 1. "The discharge of wastes, including street drainage, storm runoff, and irrigation and storm runoff from landscaped areas into the salt lake Is prohibited" in Regional Suter Quality Control Hoard order 72-46• Where, therefore, is the permission for the developer to allow "rooftop and sidewalk drainage" from the tract to flow into the lagoon? Certainly roof overhanj is not over the wester, nor need sidewalks at the lagoon edge be without curbing, so it still seems that there should be NO runoff Into the lagoon 2. Will overflow water from the lake which flows into the new 0 o the tract b the bridge (to channel along the western boundary, f Y g be ) enter Discovery Channel, or pecauee of pTevtiling winds, won't it flow eas�,aard toward Vietoric P,�ss.,•ges and toward the basin for intake back into the lagoon? 3• Is the dei:ign incorporating early suggestions that there be public walkways around the periphery of the 7850 tract . adjacent to the public waterways? 4. Has there been a ealcuation of costs and benefits of this tract to the oity--with the above normal costa of collection of ohanne.1 debris, pumpout of baffled basins, monitoring and analyzing tho water, fire-fighting from boats , resoue, etc . There will be more in taxes from the expensive homes, but Is It enough to offset the extra services to the city? Then a parallel toet of questions for the school district , Edtson Co- mpany, eta. 5• Whir does this study oontinue to ignore the Dillingham report with Its sutensi.ve watjr chemistry studies in the tall of 1970? 6. What oauesd the number of boat slips to change from 210 total to 164? 7 . What does VTN or the developer know that the city doesn 't about "MWD desa:linixatlnn plant in Huntington Heaoh will help meet the Increased rater need"? Immediately? When? Ever? . . . env.. Council ' 'VTN oril.,91que 2/9/73 Ps 3 The Environmental Council appreciates the opportunity to review this report, and. hope thB,C some of our oommGnts have been of some value. 91no�fTtly 1 Margaret Carlberg (Mrs. David) Environmental Impact Review COmtlittc O Environmental Council CyTY OF HUNTINGTON BEACH oe t VTN Huntington Harbour Corporation Moffat and Nichol Mild Beyohok Councilman Jaok Green I e r 8 0 -3 OF, HUNTINGiQM BEACH February 9, 1973 IOMtxfsTRAT yr wir4 . Mr. Tum Severrs pire,;tor., krrvironmental Resources City of Huntington Beach FINAL ZTIROIu�I MI'TAL Zi E'ACT nity 11011 REPORL TPact 7850, VTN . W 1 0 IVWI�iir. ELznt-ingt:on march, 0i,1i£ornia Dear rlre everns s The Final Environmental Imprct, Report on TenLativa 'Tract 7350 just re- cently completed by VTN is very informative and illuminates mazy prob- I-ams which the governing bodies and t he citizens of our City must I .f ace. For instance., although it docis not make t+ny recommendation re Carding schools on pages vTr. 11l and Z1 of the Summary Report, the report does state, '.Urhe degree of. (negative) ;mpnct on the schools All be severe if new schools are not Duilt. The ouali,•y of education caili de line �s ` ove-rcrowdin r conditions :increr•se.11p.XIV); nd on page . . the report state:; "IS the digh school bond clrr,tions fril, r.rdsting school Ir'30ilitieS trill go on ciaublf, sessions, ye znr round school, use portable clr;:srooms, reduce elr�,t;ivc cl< ssns, graduate students erxly rnd utilize off crmpus schooling (vrork stud;, prop;,ins) to its fullest capabilities. Nevertheless, is crowding increelses, the quality of educ�+t:i.on will surfer, " i Ftu•thex on, in the GroiAli vnd Resource Relvtion:shipn Section, page 71, the report quot s from the Orpnge; County Populr.tion Growth Policy Phaaa IT R000rt to the effect that ". . .Rapid rr.tea of t;ro!Ah rlso result in a "momentum" factor in t,rhich expe tr?tion of future groFTth stirrup to the pres,ures that tend to being growth r:bout. Anticipeting continued high rates of rxowth, the public extends roads rnd other support faca.li.%0 in adr,-nce of the- need, thus fnrlli:tetrl.ng exprnsi.on of development; privntc investors base dcvel-opment p1lihs ono anticipated or expected markets and strive to induce th.nt rnprket to loci Le r%s quickly as pow-,i.ble.. . If The 'F. VTN report goes: on to declare,"Future development !A.11 ,provide tax dollars -to help p.,,y for the Arii'tionr' seilvires; however, new devclo mentu do tend to incre<;se the tn:ces of exiAing residents ��functioning� O�CBP services c -LE so produce �dvrrae effects on the nhysicr'1 environment. " It seems terribly importrnt: to me thr:t our elected City officials be made nwarr: of this section of the report arid that the citizenry ba told i loudly and rlevrly about this scr.tion of the report. Many people do not how the raises in taxes come about r-nd what p •rt continuous land davelcipment; eontri.bttVoti. 2Zegrlyd;ing r':r.•ter qu; "Litt', ti:cre rx'c rlur;rroua re.1 crences. to taper quality dccrense in t,h., back bsy deg d-end clu,ninel s, the lack of flushing or these area (or rr ther tale a].owness or f1u:;YsjnCj 10-'0 days in ,Jorrx .r rrrs), rnd tine i'rv.L tir ;.t the -:sates• in Nome Freda ec be cr)nsidcrod 11 ,olluted, " (n. 17, (lr.,ncr t�1 !Z,>scri.17t3.orl) . i's'• Tom Severna Page 2 l+ebru•-r y 9, 1973 I think it must also be Pointed up thr:t pv,ge 2 0 L3aU AND JJWULkT0jjy COr1Sa 1TS, contains d f thu section, of th3 s reap • vondi tioned upon a favorable under item (�2� "Appreval Clewing house anct other appropriate Stable-, redort from the-State reriorts shall be re'�3,eNed ; nc� Federa.1. Agencti.e; by the Planning Cornmisslon for Sue's I wish sl$o to co „ RZnsn �tiori of quote sxpnendix B jjrtnr ships WLU not be do rie to yr QuAlity, I�ierine Scolo This $eems to be a curi.aus Yap$e in the ordinance, a f Page 12, b taxtlt installations, " J..n ?`A -, G11�@. P< ges 34 v nd en olyrnpic S'Ze pool. .' T do not believe the 1~�ca h the residents The 3-.goon c Club offer: only of that tz• , T believe, vill be for the use of. The beaches the Harbour nrer�t(th(there are Wnce itill be prior?te,dev '=i2e and were not ry a) �.1 e oT11 eloprnent. r Ctu�ily of d as other.• than neighL•orhaodace in 3i.nce the borches were dedica,tFd to the., Cit � Pl`oviled; however y.► .ire uard aches. Public C3Wrltar' i7�;� h� service has been i•e„ lRck of parkin . , urr �hf, nb�.*ous problems to them .�Acilities (ric0 le in thu neighborhood cotr�,ci2 ), no s ni.tcx . peilitio3 F 1 f Mentioned ��.re slipil due to the r,p rt hdinthe dr_7tr g• Tl}e neighborhood park use ethhe .1publicis :Ip,t,-Xn ay [`,-rt 0 , eloper eras 'allowed of c three s Fz., their Pr,: k, to P� rIc -z�e,�s has play equipment, ded eFtiOn, 0171y one Thank you for the onaortunit to reaort y helpfulf- cariavnt on t1u.s r and ttic aCtut dei'yiMino tthcereal estletc Of our ��s kind 0t' � r coo- Uni►,y Sincerely, 3,pncy C► J" Y 16902 Wrl{neso Circle iiunt:irigton E�cr ch, CA 92649 (71; ) 8V-1406 CCU J`a2'• pi C.'hr"rd 11 1,101 C Firs. fiarriet ,vieUer _h irmra.�, &viron,;jf:ntctJ. Chr irr��;n c'�►icc 'u:"rd Ehvii onr��cnt,,1 Council N ' Hi7CORMATiGNS BASED ON FINAL EIR FM TRACT 7850 (Wilton R. Bsychok, Feb�b,F973) • 1,0tUguct1 oat Having read the final ftvironmental Impact Report for Tract 7850, prepared for the City of Huntington Beach by WN Consolidated (dated Fob. 2, 1973)9 I wish to offer some recosr wndatio" as to the action the City strould now take. But first let so express complete satisfaction with the very excelled EIR prepared by YTN in the shout span of three weeks. 7:►ay have done an outstanding job and deserve commndation for it. I hope the City will use this SIR as a model for future EIR requirements, I also rant to congratulate the City for having adopted Ordinance 1800 in early December 1972. It made poacsible the thorough environment•r - study We now have, ilithout that ordinance, St:ata Asrewbly Hill 889 and its i20-day moratorium on EIR requirements vould have perwitted Tract 7850 to completely avoid the need for an EIR. I also congratulate the City for establishing an Uvironmentol Review Board. As far as I know4 Huntington Beach is one of the only cities in the State which took these publicallyrspirited actioi,s.. . .sand the City deserves our thanks. personally, it was very gratifying to have the City take these steps In response to many Yonths of urging by myself and others. The end result was not only an excellent EIR for Tract 7850. 0001c was a joint victory for responsive local govarnment and for active citizen participation In environmer al rAncern. In sqy opinion, Ordinance 1800 and the Environmental Review Board are achievements of which ve can all be proud. 1Pitraf ly, %ie should recognise and thank all of those who have worked so hard ovw a period of almost 10 Months to see that environmental concerns fire giver+ equal status w1th profit motives...-and t.hrt environmentuil Impacts are thoroughly studied before new projects are approved. In particular, we should acknowlodgc the _0*11ow1mgt �R 'the Chairman of the City's Environrrmntal Council, Margaret Carlberg, for 13or competent and continuous effores nw r6itty Wallin for her help both as a private citizen and as a City Plat-.ring Commissioner wr Marcus Porter for his support as Chairman of the City Planning Commission •• Nine Moorehouse, City Director of Har•bers and Reaches, for his thorough critique and unequivocal disapproval of the original draft EIR offered by the developers of Tt,w 7850 �w Dick Busermian, Executive Director of the Regional Water Quality Control Board, who was exaromely helpful in making available public records to us R- Mayor Alvin Coon who has given me ths opportunity to be heard both in his home and in Clay Council meatings rw Tom Sever" and Dick Havlow who have given us m fair and ads4unte chance to participate in dvveloping the final EIR •. Nancy May who has worked untiringly to keep us all posted and to obtain document copies for urn •- jig kentson •ad Jack Horne, officers, of the, Huntington Harbour Property Owners Association, who have given t,hnir time and help -- Von 9"Iestoft and Lorraine Faber of the City is HOME council who have backed our efforts •- Mr. lohroth of the County Health Department whose written ctritiaue of the original draft SIR supports MnY of our contontivns •- Many$ many others who have helped and encouraSed us 'RS FINAL SIR 13 A � . OP ALA THS COiiCERNS iiS�vE SOUGHT TO IAISE OVER THi PAST 10 MONTHS. The eight recomendations made in the final SIR. . .so:► page Will o" the Sumarry Report....include every request we've =de. Now we ask you to implement those recomrmendstions made by your consultants. City Ordinanots, 1800 gives the City IeEal authority to grant co ditional approv- al for Tract 7850 baaed on the Final EIR, Accordinsly, I reco.w*nd that the MY approve Tract 7950 if the following conditions arc met before any builds ng permits are issuedi. V, ke, i •- Huntington Harbour Corporation provide five sanitary pumpout facilitift placed conveniently throughout Huntington Harbour 2 Hunt:Ingt;on Harbour -Corporation cor-p!Rte the pre-const:ructior, wirvey as required by Orders 72-43 and 72-46 of the Regional Water quality .Contol Board 3 -- Huntington Harbour Corporation post a $500,000 bond guaranteeing compl- etion of the entire new channel connoctin„ Victoria Passa3a with the 1 Discovery Channel by Jan. 1, 1975, Failure to meet that guarantee mould require a $500,000 lump-sum paym*fasc to the City of Huntirg-ton 3each (/ on Jan.21, 1975 1,. 4 Huntington Harbour Corporation and the City of Huntington Beach Jointli► }� N obtain a firm written commit tment from the Coast Guard and the Corps of Rnginoers to remove the old Anaheim Bag- bridge by Jan. 1, 1974 i . 5 -- The City of Huntington Beach make a firm committment that Edinger Ave. will be Widened to at 19&st 68 feet all the Way from Bolas Chic& Ave. to Sunset ,aquatic Park by Jan. 19 1974 with at loast 33% of the coat provided by Huntington Harbour Corporation f , Theo& 5 conditions are consistent with the recommenelationta made in your Final EIR. If these 5 conditions ara met before any building permits are issued for Tract 7850, then the City w1ll truly have mat: both Clio letter and the spirit: of the lavaregarding Environmental impact Statements. R D CL `V J • �rS �, �r�f, ! CITYOr HUNTINVITUPi bEACII MIN,STI? Chamber o Commercetq Sunset .Beach, Calijb `o% twisa, ^ebruary 9 , 1973 Mr. Tom Severns Envirorueental Resources Director P.O. Box 190 Huntington Beach, Ca. D^ar Mr, Severns : Enclosed is a copy of our letter to fir. James McCormick which states our firm opposition to any proposal endorsing a jetty at Warner. Our position against a channel at Warner has been stated repeatedly since the first studies were made : ie . Koebig & Koebig , 1968 , etc . Please notify us of any and all planned projects in those areas adjacent to Huntington Harbour which are actually an extension of our original Sunset Channel , and also any developments with- in the Bola Bay area. We requant that you provide us with any othar information of any impact studies or any hearings related to theses areas before they are scheduled. Onr enclosed statement should be recowded in every impact study of any developments in these areas . We are a vital residential community in an unincorporated area of Orange County and we are the closest affected community to both areas predating Huntington Harbour by some: 60 years . Sunset Beach should be shown on all maps showing Huntington Har- bour or any coastal area between Huntington Beach and Seal Beach . Thank you for your immediate respose to these requests . Very truly yours , s ' �..,�tr�.. , i re c for Secretary , Executive ()Twcer cc : james B. McCormick ' L ce � Sunset Beach, 'auorw a �►ar�zb�� o or��ne� January 22 , 1973 fir. Fames B. McCormick, Chairman Resources Agency Task Force on Balsa Bay Dept. of Fish & Game 1416 Ninth Stroet, 12th Floor ' Sacramento, California Re : Bolsa Ray Development '! Dear Mr. McCormick: I,f i We greatly appreciated receiving on January 18 ,. 1973 the final copy of the "Interagency Task Force on Balsa Bay" report. our necessarily brief study of the latest details strengthen our r pravi*ua reaction to the proposal. As you will recall , at the DeceT.Wber 5 , 1972 meeting in Sunset Beach, the concept of the rec-- I�. reation of a natural estuary in Phase I was for the most part: considered a worthy idea in itself and was accepted rather ..:ell by the members of our community present, We obviously had then , however , and now even stronger : reser- vations, Phase I3: proposing an ocean channel entrance with vatlens a t p g a jotty at Warner . In September the meeting at Huntington Beach and the December meet- ing at Suriaet Beech and in various newspaper articles since then , references to"an ocean entrance: system reopening Bolsa Bay -to the-- ocean , possibly at Wr7►rnriar" were made but not designating that, specific: site. We have strongly favorod the study of an . alternate site at the other and of the marshland near the Huntington Beach bluffs. Your vrusen t proposal offers no elt:ernate site as we had anticipated or as originally proposed by Koebig & Koebig . PROBLEMS OFPHASEr The ma jot fo:resaable problems with Mtn opening at Warner and the jetty at that: area , aro as follows : I J ' Page 2 Janes B� Mct:.`.=ick Jan. 22 , 1973 1. The alternate Bolsa Hay entrances , H1 and H2 of the Koebig report were considered unfavorable because they were "some distance from the probable center of the boating and berthing activity which is anticipated in the Bolan Property. " 2. They interruption of natural tidal flow caused by the jetties could create another turbulent "Wedge" type surf condition , which might lewd to the building of a breakwater which could further destroy the excellent surfing and swimming con- ditions natural to Sunset Beach. 3. The already exjsting major problems of sand erosion and replenishment for Surfside and Sunset Beach , caused by the Anaheim naval jetty, would be furthercompounded by the accelerated sand build up or erosion on the north side of a jetty at Warner# con- centrating these diverse problens• in one short mile of Sunset Beach ocean frontage . 4. The additional tidal flow from a channel at Warner_ could seriously effect the critical flooding situation© already present on the Sunset Beach Island areas and adjacent Pacific Coast highway. 5. The movement and pollution of boats from a new 500 boat (not very minimal) public marina , plus 200 boats from day launching sites would be greatly magnified by allowing the present thousands ,I of boats from Huntington Harbour and Sunset Bay and the future addition of possibly thousands of boats from a Signal Oil marina community to use the Warner entrance. This mass of boat activity and pollution would endanger all the hopes for the recreation of a natural estuary with maximum wildlife benefits . 6 . Any channel from Huntington Harbour to a Warner entrance would also cut off Warner Road access to the beach .front. SOLUTIONS TO PHASE II . Referring to the earlier Bolsa Bay studies suggests several pert- anent solutions to the above problems while achieving all of the States objectives for the marshland development. 1. Build the Huntington FTarbour-Sunset Bay ocean Entry adjacent to the Maheim naval jetty by adding one jetty as origin-- ally propc:sed by Koebig and Koebiq in the Sunset Bay Plan of 1968 . 2 . Recreate a natural slough , not a boat channel , in the Wanner area to restore the original ocean opening ; open the dikes to restore tidal action into Bolsa Bay; and control the water flocs in the Warner ditch to prevent flooding of the Sunset Island Huntington harbour areas , 3. The future ocean entry #5 as propo ed by the I. & K report would satisfy all of the ;states desires . . Page 3 'runes S. McCormick Jan . 22 , 1973 4 . The earlier unfavorable aspects of Entry 05 would be removed. a. Huntington Barbour would use the Sunset Bay Channel entry as originally proposed. b. Development in the Bolsa band would occur with the • cessation of oil production within the 14th year period as anticipated by Signal tail . c. 'The Signal Land would be the last to develo a and 9n P would derive substantial benefits from the Bolsa Bay entry #5 as :stated on page 20 of the Interagency Task Force for Bolsa Bay report for the Warner entrance . OTHER ADVANTAGES OF BOLSA ENTRY #5 (near the bluffs) 1 . The State has resisted the Signal Properties proposed channel connection "on the grounds that flows from that channel through the Stage area would lower its value for fish and wildlife . " 2 . The 45 entry would forever remove the threat of heavy boat traffic thru the natural estuary. 3. Two separate harbour entrances as originally conceived would prevent a future bottleneck similar to the Newport Harbor entry. That harbor is desperately seeking another entry . � We therefore request that an alternate location for the channel entrance be studied and adopted in lieu of the Warner site proposal . As the long established residential community directly adjacent to the proposed Warner jetty , and the community most significantly affected by the Phase II proposal , we make this request in accordance with the Environmental Impact Report requirements as required by the laws of the State of California and the Federal Government. We request that we be provided with all pertinent studies and pro- posed actions in ample vimo to be reviewed and acted upon by our Sunset Beach community Association, residents and property owners . We would appreciate receiving a copy of the minutes of the January 25th meeting before the Stats Lands Commission. Thank you for your immediate :attention to our request. Sincerely , VIFtGINxA BRA DLEY Executive Secretary & Director Sunset Beach Community Association ti f • Page 4 James B. McCormick Jan. 23 , 2,973 VFB/ja ► cc: F. J. Ortig, Exec. Officer, State Lands Division Gregory Taylor, Office of the Attorney General, John Spethr Calif. Dept. of Fish & Gaze Bud Uzes , Calif. State Lando Division Joseph P. Pittner, Carps of Engineers , Coastal xesouraee Branch 1 . 1 Milton R. Rey c hok 1714Z Courtney La»e Huntington Reach. CA December 28, 1972 Mr. Tom Severna, Director Environmental Resources �y City of Huntington Reach```—�� P. O. Hox 190 Huntington 'each; CA 92648 19 Dear Mr. Severna; CRITIQUE OF DRY' FT EIS FOR TRACT 7850 Enclosed is my timely response; to the published notice of December 8, 1972, requesting comments on the draft EIS for Tract 7850 by ,January 8, 1973. My response, or critique, is ma.. -without prejudicing my contention that is was unlawful to issue constrL ' ' -n permits for Tract 7850 before a final EIS or E. R was developed. I a.iw, request additional time, if necessary, to respond to any revisions w the draft EIS version available at the time of the published notice of December 8, 1972. In general, my critique flvds the draft EIS to be quite inadequate. It would fail to meet any court test that may ensue, It is my strong recommendation that the City engage an experienced, cc:.mpetent consulting firm to develop their final EIR as required by City Ordinance 1800. I suggest either Woodward-Envicon, Stanford research Institute, or Dames and Moore. Very truly yourn, M. R. Heychok ` r 07 I A CRITIQVE OF THE b)RArVENVIR ONMICNTAL IMPACT STATEMENT FOR HUNTINGTON HARBOUR TRACT 7850 (DATED NOVEMBER, 197Z) � A". &IM*do . CONTENTS DISCUSSION AND SUMMARY i MAJOR INADEQUACIES - - Additive Impacts of nature, Adjacent Developments .M Deterioration of Water Quality - - Education - Road Traffic - - Impact of Increased Boat Traffic REFERENCES I r By: Milton It Beychak 1714Z Courtney Lane Huntington Beach, CA •w-• December 28, 197Z x YISCUSSIONNAANND SUMMARY DISCUSSIOrt--=- This is a detailed critique of the draft Environmental Impact Statem4nt (EIS) prepared for Huntington Harbour Tract 7850 by the firm of Environmental Impact Reports, Inc. and dated November, 1972. lam a concerned resident of Huntington Harbour and have btten actively seeking an adequate EIS of Tract 7850 for over eight months. During that time, I have furnished technical and legal data, made public statements and written many letters to the Huntington Beach Planning Commission, the Mity Council of Huntington .Beach, the Santa Ana Regional Water Quality Control Board (RWQCB), the Federal EPA, and the U. S. Army Corps of Engineers . . . all. concerning Tract 7850. '" a i 1 With that background of knowledge, thin cx�tiquc. >.s c:i;► tirrze , response to the notice published in the Orange Coast Daily Pii of on December 8, 1972, which requested public comment on the draft EIS for Tract 7850 within thirty days' of Decemba r 8, 197?.. The only copy of the draft EIS in my possession at this writing is the one dated November, 1972, which io the version referred to in the published notice of December 8, 1972. I understand that a later i version is forthcoming and I re:queet additional time, beyond January 8, 1973, to respond to the later version if necessary. � i This critique makes reference to many lettt rts, iiea.rxn14 ruinutes, and RWQCB Orders, a:tl of which were made ava l.abltG to me by Mr. Richard Bucermann, Executive Officer of the Santa Ana RWQCB. The references are list,d at the end of this critique, and will he i;ladly made available to the City upon request. MI of these references were readily available to Enviroir ,%Gntal Impact Reports, 111c. through the Huntington Harbour Corporation, tore project developers who engaged Environmental Impai:t -Reprxtc, Inc. to, prepare, the clraf< ELS. The references should also be available through the City Engir,c,-•r, Mr. Bill Fiartge, who attended all the hearing.-A of, the RWQC.B and repcat,c gave testimony in favor of 'Tract 7850. x 1 / I 1 I The draft EIS ms%es no reference to the overall value magnitude of the proposed aevelopment. If we consider only the first phase, Tract 7650 with 210 residential unites at $70, 000 each . . . w-t can estimate a project value of $15-7.0, 000, 000. If we include the next phase (the new island south of Tract 7850 with another 200 residences or more) we can estimate a project value of $35-40, 000, 000. If we includc t1iz eventual ultimate project with 981 residences, we car. estimate $60-70, 000, 000. By any standard, $ZO, 000, 000 or � !'PTO, 000, 000, this iar a. vast undertaking with major environmental � considerations. The draft EIS _':,.alu to give an adequate picture if the large magnitude of the ultimate project. SIIMMA IR Y In general, the draft EIS is quite inadequate and unp:ofessioual. It is my strong recommendation that the City engage a well-known, experienced and respected consultant firm to assist in developing the final EIR whic% City Ordinance 1800 requires the City to prepare. Tr_is critique includes an in-depth discussion of five major inadequacies in the EIS. These are ariefty summarized below, with full documentation Ls the next section. of this critique: 1 - - Failure to consider the additive impacts of the planned developments immediately south and west of Tract 7850, much of which is scheduled for dompletion within three years. The EIS should therefore consider 981 new residences (instead of 216) . . . . 710 new boat slips (instead of 216) . . . . 3-4 new sal: water lax,:s instead of 1. lake . . . . and 184 acres of development innte-,d of 44 acres. 2 - -Failure to adequately disclose or comment on the very real concern for water quality deterioration its Nifri ington Barbour. The Stat-i Department of Fish and Game are on public rec.. :d as opposed to Yurther development in the Barbour because of water quality deterioration . The Regional Water Quality Control Board are on record as "expressing concern" for tho water quality in the proposed new "dead-ended" channel& and basins . .. and they recommended against Corps o; Engim-.ers approva! until further studies �� are made. i I � The developer;@ consultant#, Marine Biological Consultants, Inc. conclude in Vheir report that "biological conditions have det iriorated prince 1968, " and that bottoms life is now "impoverished. " The+adetailed pro-construction water quality survey required by the RWQCB Order 72-43 is just getting undeez-Nay. The final EIR should await the results of that study. 3 - -Failure to prop6r!y estimate the educational neetks impact of the ult;.mate 981 new residences. Approximately 115 new :shoal-age children will need accommmodation ha our education system (instead of 166 an estimated in the draft EIS). 4 - -Failure to estimate the new road traffic r:ree:..tec properly by 981 new residences, Edinger Avenue, which is now only U. feet wide., will have to accommodate: 345 fo of its present traffic flow. The peak hour traffic flow may be 690 vehicles per hour, or one vehicle every give seconds. Failure to assess the impact of tha% traffic on public access to the public marina at Sunset Aquatic Park. 5 - -Failure to even discuss the impact of 710 new boat dips on boat traffic through'the) single lane water egress to the ocean via the U. S. Navy facility at Anaheim Landing. Failure to contact the U. S. Navy, the Coast Guard, or the Sunset Aquatic Park or. the impact of increased boat traffic on recreational :navigation. In addition to the above major inadequacies, Other points are worth mention: (a) The State Clr_mringhousee letter of June 9, 197Z• , has a request from the State Department of Navigation for sanitary pump-out facilities at the new boat docks. The draft EFTS dor±s not meanttem the: request or address this point. 1 i I I r i (b) The RWQCB hearings W disclosed it would only cost 000 to install a am r.d stormwater drainage s _ 3m (into the adjacent flood control channel). This amounts to $430 per residential unit, or less than 0. 7% increase in the $70, 001 residential unit cos:. After two hours of testimony, the RVi OCS narrowly voted against pumped drainage by a 4-3 decistion. The EL9 fails to discuss the pro& a:id cone, of this irssse. I (c) Order -43 of the RWQCS mandates the installation of salt water intrusion wells at the request of the Orange County Water District. This certainly evidences serious, concern over saltwater intrusion by the OCWA. The EW :lismissee I this point by saying there is no basis for concern. (d) The "Observations" section of the 13S is woefully inad..quate. All the references and hearing data contained in this critique rightfully and legally belong in that "Observations" section. They are all readily available. RECOMMENDATIONS The City should engage an experienced consulting firm to develop their final EIR as required by City Ordinance 1800. 7 suggest Woodwazd-.Envicon, or Stanford Research Inetitute, or Damea and Moore. The City should distribute copies of this critiqun. to all agenci.ee and individuals who have received or will receive copies of the E18 . Alternatively, this critique should be included as an adrlenduin to the ELS. i I WJOR Z"AMUCIM 1.0 ADDITM Z1WACTS OF FUTURE DEVELO "1'8 k ACE21T TO TRACT ?850 The 118 rakes no mention and no iq act projections for the fUture develossient areas just to the immediate south and went of Tract 7850. Tract 7850 is only the first p ese of,a multiphase overall development to the north of Discovery Channtl and the west of Victoria Passage. , A recent California court decision, EIF vs. Couatside County Water District (1), ruled that an EIS which discloses only the first phase of an overall project does not satisfy the law. %to site Development man (page 5 of LIB) shows future salt water lakea, basins and a major r :,,r island immediately south and west of Tract 7850. . . . yet the developments in those areas are not discussed within the report. The Zollowing points were disclosers at recent hearings of the Regional Water Quality Control Board (RKCB) (2) : I— Overall project includes (3) (4) (5) new 17.5 acre tidal channel, ca. 4000, long by 190' wide. Seven new basins totalling about 6 acres. A major new island of about 72 acres. Two or three future salt water lakes, in addition to the lake within Tract 7850. In excess of 500,000 cu. yd. excavation just for the new channel and nrw basins. 2-- Tract 7850 will include only the east half of the new tidal channel. Thus, for the next 2-3 years, the new channel will be dead-ended (i.e. not ccmpleted through to Discovery Channel). (6) 3-- Mr. R. B. Krueger (attorney fir H. H. Corp, ! stated that H. H. Corp. woiad Boost a bond to the city which would auara,ntee that the remainder of the new channel and the new Island would be completed within 3 yeare. This statement is in the imJ tten minutes of the FKCB Novemter 30, 1.972 hear-ing* . Thua, the next phase of development will be co feted within 3 years. In light of this, how can the EIS ignore considerat on of developments which will be saitiated within perhaps 1-1/2 - 2 years? This is precisely the point, eorered in the EIS ors. Coastaide County Water District count dec:isiaA. A^corling to a letter from Moffat & Nichol, Engineers (7), the total "llor:h Area" is 184 acres including the 44-acre Tract 7850, and thit number of residential units that "could be built on the remaining north area" (i.e. , in addition to Tract 7850) is M Also "a�c�t one *Has this tk:nd, in factr been posted as promised? besM&W Capacity sold be about 500 elips." 'theme filets are 1.1.n. Corp. 's publlcSW 414010404 plans for the next 3 yc&x-s. Hm cm they be iSOM, in the T The SU sstst consider S& residential mlits insteaA of M16 tip .. .. 710 boat all s instead of 216 slips . . . . 184 acres of -development instead of sores . .. . and 344 nft sR+t grater lakes in- stWA of 1 ]eke• These multiplying factors should also be apfilied to caasidrratlon of trafflc density, educational facilitlea, e.c. I r "'the bard wishes to express its concern that then: is considerable uastion remaining that the creation cf a long dead-end channel and other dead-end basins will result in creating new bodies of grater the quality of which sexy naturally deteriorate in ties iA levels that do not sweet existing water quality objectivvn." Thee XWB letter continues: "OTherefore, :the Board recowunds that before a permit be granted by the Corps of Engineerlr, the H. H. Corporation submit a detailed report to the Corps (and to the RWQC.B) sharing whether or not such deterioration will occur and proposing methods to prevent deteriora- tion." The XMIM Order No. 72-',3 (6) includes a requirement (on page 5) that the H. H. Corp. perform a pre-construction grater quality survey in accordance with specifications approved by the 9KC:3 and agreed upon by City of H. R. , Dep�. of Fish & Gaw., Corps of Emlineers, etc. . . . . vithia 30 days of November 30, lg?2. This survey has not yes: been completed. On Friday) Dec. 22, 1972 a meeting was held in the cffi-7es of Mr. Vince Morehouse, the City Director of Harbours and Beaches . . . . attended by W. H. Corp. and other interested parties . . . to plan the surv!Z as re- quired by Order 72..43. That survey should be completed, evaluated, and lncludee. in the EIS before the EIS is finalized. Either Mr. Moorihouse or Firs. Carlberg (Chairman of the H. B. City Environmental Council.) can confirm the survey program as worked out on Dec. 22, 1972 . . . . and that it mast be completed to satisfy the RKCB Order No. 72-43. IN SPRY of this section: I-- The EIS (as prepared by Environmental Impact Reports, Inc. ) makes selected and inadequate dirclosurej from the report by Marine Biological Consultants, Inc. That report concludes th&t bottoms lire is "impcveriPhed" and biological conditions "have deteriorated since 1968. " 2-- The State Dept. of rich and Game has gone on record opposing Tract 7850 because Huntington Fisrbour water quality is "eutrophic" in :'crying degrees and the "water is not now meeting state water quality ubje iti.ver. " 3- The MCB has "expressed concern" over poscible "deterioration of water quality in the new dead-end channel and dead-end basins." The RKCA recommends the Corp of Engincers "not grant permits" before additional studies are made. 4-- Order 72-43 of the RWQCn requires a pre-constructipn water quality Avrvrcy in accordance with specifications appro•ed by the RKCB. THAT SLIMY HAS NOT 11T BBE'ri COMPLETED. The survey should be completed before the EIS is finalized. 9.0 RCMUTrow OF Y TU 4 +rTY ' T'htU# should Include a detailed environmental survey of whet exists 'blbre' constmetion in order to evaluate the impacts 'after' project coeeplation. The ;ice adequately discusses the existing enviroitment regarding climate #Ad weather, Flora and fauna, archaeology Wd Paleontology, history, gtoloyyt soils, air, etc. H0ft* .r, in the one key area of physical water quality, the b"IB is very iNAMfite. 'alb support its position, the LIB quotas selected passages from a erecter quality survey wade by YArine Biological Con:� nts as comissioned by thA R-untin ton Harbour Corporation (9). In all i"tirneas, the entire report by Marine Biological Consultants should be: included in the EIS as are addendura. However, let us quote sumeeeary wncluaion 9 from that report: "On the basis of several considerations, it waa cootAuded that (a) the bench a ra & at inner (harbor) statio"s form a distinct and impoverished unit, amd (b) biological conditions at t-heas inner stations have _deteriorated since 1968" And from pr.;ge 11 of that report: "The odor of hydrogen sulfide was detected in benthic samples from stations B-7 through H-10. Hydrogen sulfide is an indicetcr of anaerobic (oxygen-starved) conditions." 'Chose conclusions are quite clear . . . . there is indeed cause for concern over the deterioration of water quality in Huntington Harbour. No •amount of quoting selected passages from the report can hide that fact. In fact, at the November 30th hearing of the RKCB (2 )3 Mr. peter Phillips of the State Dept. of Fish and Game strongly recommended against permitting Tract 7850 to proceed. He quoted the same passages of the Marine Biological Consultants report, as those above, in support of his stand. Quoting from the written minutes of that hearing: '"Mr. Phillips of Dept. of Fish & Came recommended against certification at this time because all of Euntington Harbour is affected, in varying degrees, by eutrophic conditions from high nutrient levels. high temperatures and reduced tidal circUati.on. He stated that the water is not now meets the State water aualitZ objectives. He reco=ended more measures to prevent digradationo water in.,newly created channels and to. vorrect existing Erob!.emi." The RW4C3 elected to recoeraend certification for Tract 7850, but in its transmittal to that State Board (10) on Dec. 11, 1972, the MCB expressed its concern over water quality and recommended further study before the Corps of Engineers grants any construction permits. Quoting from that letters The parenthetic words were added herein for clarity. i»w AU of the letters, .�!inutes and RWWS Orders zeferred to in this swstion were available an4 knwm to Invi,romsMrntal lnliut ReOiAs, r ffere can be no valid reason .why the water qu&M.ty problem, as disclosed herein, vas aot also disclosed by Raviyrc mtal t RePorte, ZZ0. Thig Wautitutes a mjor inadequacy in their rro�rl�. r I • 'r 3. MD e 42 pf the EIS states that Tract 7850 will result in 166 new school- age. students. This is as unrealistic estimate, and there is no explAM. tion as to horn it ras obtained. Tim City Subdivision -Comittee Report states that Tract 7850 will have io6 4+bedroom units and 124 3-bedroom units. If we assume the parents use 1 bedromp I bedroom is an empty guest-room, and the other bedreou are for. children . . . . then we arrive at 222 children (in the 4-BR units) vA 124 chMAWen (in the 3-BR units), or a total of 336 children for Tract 7W alone. I! we consider 981 residences instead of 230, the estimate of total children will be 1430. If we assume that " are below school age, then we err ve at - new students Thus, we estimate 715 now students based on theme assumptions : (a) I empty bed-room per residence 1 bedroom per residence for parents 1 child per remaining bedroom (b) Only 50% of children will be school age Surely, 715 new students (within an c.rerall project to be completed 3 years from now) poses a major negative impact on our school system. As stated in the US Harbour View School :n Huntington Harbour is now at capacity. flow will 715 new students be accomodated? Will bussing be required? • (� Tf1 4�0 T1 ff1C • Pager 42,s 43 &Ld 48 include some discussion of road traffi: iWacts. Existing traffic on Edinger Ave. is said to be 2000 vehicles per day t r with a OD per hour peak. If we vasider 981 new residenceu 1i-ather than 218) at 5 trips per day as aftted in the 218s the adeitional new traffic will be 4900 vehicle: per day with a_490 per hour peak. This mete Edinger-Ave. will be handling 6,900 vehicles per day compared to the existing 2000 per day . . . . or 345% of the existing current traffic.* Since the ratio of P116t to daily flow (0.1) is the same for the new traffic as for the existing traffic, Us peak flow will also be 345% of ghat now exists . . .. or a new peak of 69U vehicles per hour. THAT AMUM TO AU40ST 12 VEHICLES PER KUTF OR 1 Y3Se'�IME EMY 5 SECONDS. This must be a Wur nep�ativ� im�ct. � it �..W Can the existing 24, wide Edinger Ave. accommodate 1 vehicle every 5 seconds safely? Common sense would may "non. Hoar will the public have road access to the public facilities at. Si+rset Aquatic Park? Edinger is the only road serving the Aquatic Park. Surely, the U.S. Davy won't permit buing a new road ttrough their ammunition depot just north of Edinger, will, they? rage 48 of the EIS states that "Edinger Ave. will be widened concurrent with housing construction." IS IHAT TRUE? When and by whom will Edinger be widened? , Even if we a-asume Edinger will be widened to 68' eventua>ly (page 42 of Er8), will it then be able to cope with 6W vehicles per hour? Will traffic lights be installed to "control traffic? Have the city traffic engineera beer, asked for their opinions? IN 8[AMY, the E18 needs a great deal more thought put into the problem o: handling the increased! traffic flow from 981 new residences (rather than 218 new residennes) of 3-4 bcdrooris each. Will Edinger be widened from 24 facet to 68 feet? When and by whom and at whose expense? Will the public still have easy access to Sunset Aquatic Park? Will traffic lights be installed? %*Based on H.H. Corp. 's assumption in their EIS of 5 round trips per d y per residence. •QM mum • rtion III of the NU discuseea read traffic, but has practirelly . so disa% scion of the increased boat traffic that', Will remat from 710 new beet slips. r rmw boats are there now in use within :hwtingt on Harbour and that ao USmous Sunset AWa'-.io Parkl What parcanta ge iucreas* will res!xlt from '10 ,.rear slips? The only egms to the ocean, from Huntirqrton Ha:•bc ur tad from &meet Aquatic Park, is through the U.S. Navy facility at Seal beach (Anaheim ALhding) . Wow mark► boats now uae that narrow, single- Ianr var"as • . . oar& a'a%uaW, swmr Sunday? What percentage increase will result from 710 n:rr boat slips? Has arWone contacted the II,-S. Navy, or the Coast Guard, or the 61moet Aquatic Part. (which -to a county-owned public facility)? What do they th:L* of the increased boat traffic, and the iwpL-.,t on unjoymsat of recreational navigation? The 213 makes absolutely no mention of the increases boat traffic and; the resulting problem of egress to the ocean. One basic purpose of an NIS is to solicit inputs from other concerned agencies. It Is doubtful whether the U.S. Navy or the Coast Guard have even been in-- formed of the plans for 710 new boat slips in the area. In fact; saking them to comment on the EIS in its present in.adegimte Force would still leave them "in tha dark" concer-xing the 710 now slips. i RETERENCES (1) Environmental Defense Fund 'Vs Coastside CountyWater District: California Court of Appeal, First Appellate District , Division Four, September 12, 1972. I (2) S&nta Aria Regional Water Quality Control Board Hearings (RWQCB),- October 26. 197Z Westminster, CA l+luvear her 30, 1972 - » Orange, CA Decomber 21, 1972 San Bernardino, CA (3) Publi,. Statement by M. R. Boychok at RWQCB htaring of October 26, 1972. :nata gathered f.orn letters ai:d sketches nubmitted to RWQCB (,%) (5). (4) setter dated May 17, 197Z, from Huntington Harbour Corporation to District Engineer, U. S. Army, signed D. L. 73yrne:s. (5) Letters dated August 1, 1972 and August 11, 1972, from Mo1+na Engineering (on behalf of Huntington Harbour Corporation) to RWQCB, signed A. L. Grani. (6) RWQCB Carder 7Z-43, November 30, 197Z. (Discussion of constructi.olt phasing it Item 5 under "findings" on page 1). (7) Lewter dated Nevemb*.° 11, 1972, from Moffat and Nichol Engineers (on behalf of H. H. Corporation) to RWQCB, signed � J. M, Nichol . (8, Skibdivision Committee Report, Tentative Tract 7850, use Perm t '?Z-26v City of Huntxng'.on Beach, May 16, 197Z. (9) "Baseline Study of Huntington Harbour, 1' Marine Biological Conzu1tants, Bic. , October 23, 1972. (10) Letter frorn, RWQCB to State Water Resources Control Boat dated December 11, 1972, signed by R. A. Bueerrrnann, Executivc 0fficar. t . s ,�+'► COUNCIL • ADMINISTRATOR COMMUNICATION CA 72 - 75 a�,�wnw� w�cH To The. Honorable Mayor and From City Administrator r City Council Members Su e RE AW OF HUNTINGTON HARBOUR Date November 16, 1.972 . C RACT // Prom r at: tache c ronology and research, it appears that City permits ware issued by due process and should be placed in the context or time frame in existence at the time of each i:Ift,suance . To answer the foremost question posed at the adjourned meeting of November 13 , concerning jurisdiction of the Cores of Engi- nears , the Corps has taken a position that an EIS will be required dependent upon the outc^me of .public hearing: con- ducted by the California Regional 'Hater Quality Control Board scheduled for November 30th. Col . Roper, DiEtrict Engineer, will make a determination based on protest and comments after that date . To this end, Huntington Harbour Corporation has taken a calculated risk in proceeding and the City has issued permits for bulkheading based on planning Commission conditions of approval dated May 15, 1972 . A later Planning Commission action of August 15 accepts they Moffatt & Nichol report answer- ing other environmental and planning concerns . To answer the second question poped at the November 13th Council session, it should be noted that the City Council was apprised at the time of adoption of the E. I .R. map (October 2nd) that approved or developed tracts were excluded from the E. I . R. requirement. This was the staff -recommendation. It does not prohibit, however, the Council requirements of an E, I .R. if 1 the Cou,tcil and the: public feel that there is a significant impact in a proposed development. It is anticipated that an E. I . R. will be required by the Corps of Engineers based on existing construction and the earlier Water Quality Control Board 'hearing. It is further anticipated that general public reaction will require an E. I . R. due to the potential for poor water quality in the channels after con- struction. i i RECOMNENDATIONSts 1 . Hold an immediate hearing on the Cease and, Desist Order to determine revocation of permit. 2 . Require an E . I . R. prior to issuance of City building Permits and further consstxuction. Respectfully submitted T DDR/bj3 P Y Attackments : .Z2 a • Chronology of Events- Tract 7850 David D. Rowlands Development History- City Administrator Tract ' 4880 J ` 1 CHRONOLOGY OF EVENT-5 HUNTINGTON HARBOUR TENTATIVE nfixr MAP NO. 7850 1 . March 20 , 1972 City Attorney Opinion No . '!2-11 . a $ The National Environmental Policy Act of 1969 (42 U. S .C . Sections 4321-4347) requires all federal agencies to be sensitive to the environmeantal impact of their programs and to file written impact reports for each contemplated agency action. b . Section 115495 of A. B. 1302 provides that a government body of a city or count- shall deny approval of a final or tentative subdivision 7nap if it fir:ds : (e) that the dec.i,gn of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantiolly , unavoidably injure fish or wildlife or their habitat . (f) that t:be design of the subdivision or the type of improvements is likely to cause serious public health problems . Not enacted yet. 2 . May 16 , 1972 Huntington Beach Planning Commission Condit,' ;-ins of Approval - Tentative Tra -t Map No . 7850 - Use Permit No. 72-26 DW - a . Tentative map and precise plan received M&Ax 5 , 1n72 , shall be approved la-, jut. b . A bulk head shall be provided along � ;s that abut the public waterway and private lagoon. c: . All applicable requirements of the Policy Statemen- for PRD adopted by the � a;nn-ng CosTanission on February 8 , 1972 ash 711 be complied. with . 3 . May 17 , 1972 Huutingt..1n Harbour Corporation requested permits for dredging and 'bulk heading of the channel with the Corps of Engineers . ( r 1 4 . June 9 , 1972 Corps of Engineers letter from Col . Roper , District .Engineer, to � Planning D.�partmeaF. "EIS may or may not be required in the processii.- of an application for s. permit . " Discretion of District Engineer , S . June 17 , 1972 Huntington Harbour Corporation. Filed with the Regional Water Quality Control Board for, waste water disbursion permit . 6 . June 2•1, 1972 Huntington Harbour Corporation . Paid fees for these permits . 7. August 15 , 1972 Planning Commission . - Tract 7850 . Accepted report prepared by Moffatt & Nichol Engineers for Huntingi.-cin Harbour Corp- otation regarding State clearinghouse letter of June 9 , 1972 . Commission - excellent report and answers necessary questions - development not a detriment to the area. It was indicated that this will satisfy the Planning Commission requirements unless Corps of Engineers requires an EIS be prepared. 8 . August •30 , 1972 Administrative Review Use Permit No . 72-76 Huntington Beach Board of Zoning Adjust- ments approved with conditions . - 9 . September 25 , 1972 Supplement. to City Attorney ' s Opinion No. 72-11 - - Friends of Mammoth -vs . Mono County - court decision requires EIR for private projects (Huntington Harbour) . 10 . September 27 , 1972 Permit issued for 'tract No . 7850 model homes , Lots 21- 28 , Permits No . 31747- 54 (8) . ll . September 29 , 1972 Ad Hoc EIR Committee formed and decision was made to exclude tracts that were already Approved - City Administrator and City Attorney in attendance . 12 . October 2 ; 1972 City Council meeting - adopted EIS Inter Un Policy. Applies only tc shaded areas , not areas subdivided , street improvements , etc. - Coancil . 13 . October 3 , 1972 Bulk head development started Tract No. 7850 . r e 14. October 5 , 1972 Grading Tract No. 7850 started. 15 . October 17 , 1972 Planning Commission was asked to rescind approval of Tentative Tract 7850 . Matter referred to City Attorney for opinion. `16 . November 14 , 1972 Cease and Resist Order issued. ' I HISTORY OF DEVELOP14ENT DAVENPORT MARINE (TRACT 4880) in Huntinston Harbour 1 . November lb , 1962 Tract map of Tract 4880 was recorded November 16 , 1962 . Lot "C" in which Davenport Marina is located was dedicated to the City but Huntington Harbour Corporation reserved an easement for the purpose of constructing among other things docks , piers , wharves , slips , ramps , floats , landings and other mooring structures . 2 , 1964 Tract improvements were completed and accepted' by the City for maintenance purposes . 3. 1964 A permit to install slips in the entire marina was obtained from t;:$ Corps of Engineers and the City. Only 18- 20 slips were installed at that time . 4. 1.967 A permit was 0sued to install an additional nine slips and those slips were installed soon thereafter , S . March 10 , 1971 The Corps issued a new permit for the installation of new docks (third phase) but to a point inside of the original limits . 6 . June 20 , 1972 The City likewise issued a permit for this third and final phase . 7 . November 6 , 1972 fork commenced this week . tj . November 14 , 1972 Cease and Desist Order issued. r ar , 1': ow r !t !I i 1 r .w'� till , l , I • •. .'lr t r . Aw •''�:• ,. .y�1"1`L•.t1��i .• ,• il:. •_!`�':,f ._"'ta �i l,�.>`'r� __la_ � �,..�:,i`��i_. S:''.�.c�..J1. ii_iri.. '�•f� 1d'_'�, '•*i•ai�`�' .,+ �' :!+ ,.t arty +ram Herr INTFA•DIPAMTMENT COMMUNICATION To DAVI.D D. ROWLAM FP°m DON P . 50"A City AdaWstratcr My Attorney suWsc'+t Cease ate# D*Slst Orders Ds* November 150 1972 it is the opinion of ii.n&@ otfiee that on current construation arqeets loclatlnir l ralto and xxomtn Der000 has rv�rhta ►cReor W s not bow approved, the City is authorls9d to issa* A Gass and Deel,st Ctrdsr ProvIdiad the following praoedure i-0 followed, In am such projects when it is broupt to the attention of the M Council that there may be a significant environmental it at the My Coun all w y o upon notice to the developer, hold! a herring open to the public., if after hearing the swatter the City Counall tirods that the project may have a sIsnIf1cant impact upon the enrirommnt, it may issue a Cow and Desist Order imp the projest to eontinue until suah tlry as are dnviroments►l Ispact Report has been prepared vA approved undor Policy for Intorlm Prooedures and Wde- Bass - fty-Iror mer tal Impact Deports if said policy is aftted by the CovmLl an Novwbor 289 1972. This praeadure would apply to all such projects and is sub- J94t to smoh +quitable deferaos than the developer cane have swab as igwitabls► estl. I71tf lattomey DtD o Lr� i ap '01 �. ;V November 13 , 1972 Richard A. Bueermann , Executive Officer California Regional Dater Qu,Llity Control Board Santa Ana Region 6848 Magnolia Avenue , Suite 4 Riversida , California 92506 Dear Mr. Buerrmann: Following is the state pent that I wanted ' to make at the October 26th Water Quality Control Board meeting in Westminster , but did not because the public hearing was not opened and the issue was continued . May these comments please be considered with the issue of Huntington Harbour Tract 7850 and the channel , basins and lagoon construction. My (name is Margaret Carlberg and I reside at 17422 Lido Lane , Huntington Beach, I am not a resident of Huntington Barbour but wish to raise some questions regarding water quality in they vicinity of Tentative Tract 7850 during and after construction. By training, I am a chemist and for 11s years have been chairman of the Huntington Beath Pnvi ronmental Council . "'he Fnvi comae+n to 1 Coun+c i l is a group of 21 citizens , including 4 PhOls , appointed by City Council to advise them and city staff and citizens of Present or potential threats to the environment of Huntington Reach . When the hnviroomental Council Executive Board wa3 asked to reviaw the details of this proposed development , our first strong response was that here , - in a water environmena , where the water quality is already poor , where the land is proposed to undergo major change (through digging new waterways , and raising adjacent land) , and where there have been many !serious questions r;+ised by individuals or Mate agencie3 , there certainly should he an Fnvironmontal Impact Report prepared . to be reviewed critically and the results deSC71bed in public henrtn for those many nerAans to see that , in fact , the anvironnent with n , adjacent to , nr hecnitse of the develop- ment is not Adversely affected . 1 have heard conflicting statements about the procedures for savation of the water in the landlocked A . 8 acre lagoon and whether the pump- in of water will be from the some waterway the rump-out rater is released to. This area , at the far extrene of a rrannel , hes the poorest profile of circulation and dissolved oxygen in the har'hor as pointed out by Mr . Moorhouse of ntir 11-trhors and Departnent . The henthic sediments In this ar,!!�e Almost complete- ly ete- ly stagnant . When .rater is aerated there is almost always an accompanying odor problem ; horn is this proposed to be prevented , or solved if it occurs - or will the residents around the lagoon ': ,e plagued? How can it be guaranteed that the aeration-circu:latfin system will Increase the dissnived oxygen and the circulation of reter in the lagoon and the adjacent waterway - not just in the first months but years in r�!er future? After the lagoon is built , and the hones said , who then Is responsible for 1) stintaining good water quality in tho I*goon and channels? 2) monitoring and analyzing water quality for -nutrients , toxic metals , fecal colfforn, pathogenic organisms , etc . ? and 3) modifying the aeration-circulation system , or replacing it if needed , or otherwise alleviating any problems that night be related such as algae control , e16c . The State water Resources Board suggested the preparation of tin. EIk because the quality of. water in a landlocked lagoon in a harbor such as we have, is not known: It was also recommended that the developer attempt to arrange storm and street drainage for the tract so it does not entor the lagoon directly. The Harbour must not continue to be polluted because it is cheap©r to NOT build a pumr. , or grade the land , to get water into a channel that has better circulation or better water quality. (I was pleased to note the street drainage issue was one o-" the requirements proposed by your board. ) Navigation and Ocean Develop;-ant said that sanitary pumping facilities should be provided. The developper said It was not his responsibility.If the developer Is creating a boating environment with 200 new boat slips (and more to come with the new channel ) , and with concerns for improving our bay water quality , the should be encouraged to be the first to provide this valuable function g on to help i.r.provethe grater health, rather than invite further degradation. I have been actively concerned about and involved with the quality of the envirorment in Huntington Beach for morn than two years . I strongly urge you to recommend to the Army Corps of Engineers that an Environmental Impact Repport be prepared on this project that will more expl.icItly describe the adverse and beneficial environmental effects , the proposals for minimizing adverse effects , and the short versus long term pproiecti.ons during construction and after occupancy . The biologgical , phy.1ical and social environments of this specific tract , an`, its effect on the rest of iluntinptor► Leach and Huntington ilcrhour must each be :;onsldered and communicated to the concerned public . Margaret Carlberg (Mrs , David) Chairman , Environmental Council CITY OP lHiNTINGTON REACH MC/gbs r •. • November Ids 1972 Huntington arbour Corporation 4 241 Wsmer Avenue Runtington beach, California 1u Rttention: Mr. Don Bwns `Y '� r Re: Notice of Hearing Open to the Public Treat 7850 and Tract 4360 Dear Mr. Surna i This In to adtrise you and the Huntington Harbour Corpora Pon that a hearing, open to the public , will be held befor'f the City Council at the City Council Chambers , Fifth and Pecan Streets , Huntington Bench , on Monday , November 201 19720 at T :00 p .m. or as soon thereafter as the matter can be heard . The hearing Is to oonsider and deters?in* whether or not thane may be a significant 1Apact on the environment by the oonstruetlon of Tract 7850 and the building of the docks and skips in Tract 4880 . The hearing will detvrmine whether or not to impose a Cease and Desist Order upon these projects and whether or not an environmental Impact report is to be filed and approved . Very truly yours , DON y , DO"A City Attorney By WILLIS KISVIS Assistant City Attorney �s lw CHRONOLOGY OF EVENTS IIUNTINGTON HARBOUR TENTATIVE TRACT MAP NO . 7850 1 1 . March 20 , 1972 City Attorney Opinion No . 72-11 . a. The National Environmental Policy Act: of 1969 (42 U. S . C. Sections 4321-4347) requires all federal agencies to be sensitive to the environmental impact of their programs and to file v,•rit` :gin impact reports for each contempiated agency action . b . Section 115405 of A. B. 1302 provides that a government body of a city or county shall deny approval of a final or tentative subdivision map if it finds : (e) that the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially , unavoidably injure fish or -wildlife or their habitat . (f) that the design of the subdivision or the type of improvements is likely to cause serious public health problems . Not enacted yet . 2 . May 16t 19721 Ituntington I3each Planning Commission Conditions of Approval - Tentative 'rract Map No . 7850 - Use Permit No , 72 - 26 DTU - Apgroy d . a . Tentative map and precise plan received May 5 , 1972 , shall be unproved layout . b . A bulk head shall be provided along all lots that: abut the public waterway and private 1-goon . c . All applicable requirements of the Policy Statement for PRD adopted by the Planning Commission on February 8 , 19 2 shall be comf+l .ed with . 3 . May 17 , 1972 Huntington ilnrbour Corporation requr.sted permits .*:or dredging and bulk heading of the channel with the. (:ores of Engineer• . � z- 4 ., June 9 , 1972 Corps of Engineers letter from Co" Roper , District Engineer, to Planning Department . "EIS may or may not be required in the processing of an gplication for a permit . " Discretion of strict Engineer. 5 . June 17 , 1977 Huntington Harbour Corporation. Filed with the Regional Water Quality Control Board for waste water disbursion permit . 6 . June 24 , 1972 Huntington Harbour Corporation . Paid fees for these permits . 7 . Auguat 15 , 1972 Planning Commission - Tract 78S0 . Accepted report prepared by Moffatt & Nichol Engineers for Huntington Harbour Corp- oration regarding State clearinghouse letter of June 9 , 1972 . Commission - excellent report and answers necessary questions - development not a detriment to the area. It was indicated that this will satisfy the Planning Commission requirements unless Corps of Engineers requires an EIS be prepared. 8 . August 30 , 1972 Administrative Review Use Permit No . 72-76 Huntington Beach Board of Zoning Adjust- ments approved with conditions - 9 . September 2S , 1972 Supplement to City Attorney' s Opinion No. 72-11 - Friends of Mammoth vs . Mono County - court decision requires EIR for private projects (Huntington Harbour) . 10 . Septemb-3r 27 , 1972 Permit issued for Tract No . 7850 model homes , Lots 21 - 28 , Permits No . 81747- 54 (8; . 11 . September 29 , 1972 Ad Hoc EIR Committee formed and decision was made to exclude tracts that were already approved - City Administrator and City Attorney in attendance . 1.2 . October 2 , 1972 City Council meeting - adopted EIS Interim Policy. Applies only to shaded areas , not areas subdivided , street improvements , etc . - Council . 13 . October 3 , 1972 Bulk head development started Tract No . 7850 . 1 1 1 ' V 1 1 14 . October ::1 , 1972 Grading Tra::t No . 7850 started. 15 . October 17 , 1972 Planning Commission was asked to rescind approval of Tentative Tract 7850 . Matter referred to City Attorney for opinion. 16 . November 14 , 1972 Cease and Desist Order issued. i i r HISTORY OF DEVELOPMENT DAVENPORT MARINE (TRACT 4880) in Huntington Harbour � i , s ovember 16 , 1962 Tract map of Tract 4880 was recorded November 16 , 1962 . Lot "C" in which Davenport ;'.,r- na is located was dedicated to the City but Huntington Harbour Corporation reserved an easement for the purpose of constructing among other things docks , piers , wharves , slips , ramps , floats , landings and other mooring structures . 2 . 1964 Tract improvements were completed and accepted by the City for maintenance purposes . 3 . 1964 A permit to install slips in the entire marina was obtained from the Corps of Engineers and the City. Only 18- 20 slips were installed at that time . 4. 1967 A permit was issued 4o install an additional nine slips and those slips were installed soon thereafter . S . March 10 , 1971 The Corps issued a new permit for the installation of new docks (third phase) but to a point inside of the original limits . 6 . June 20 , 1972 The City likewise issued a permit for this third and final phase . 7. November 6 , 1972 Work commenced this week . 8 . November 14 , 1972 Cease and Desist Order issued. 0Al�ENi?7�QT OQiriE b D \\ tea\ �;'r' t/ 1 r"'r � f• 1 ' �![A1.T f IKICLA 110,MTA ANA OFFICL •�., ,t;9i r ., '..t �' 664"OATH ROSSST1ILRT, 1 1, ,/� '1' "•,I;• • .' •� ' ' .`. SANCTA MIA, CAL il�1f>rtI0ORMA ilI' E >, ', ' , , r; i , ,� � •.; ;•',.1 :•�.: �, j' . . r, YRLi�NIC1NL: 'A> � '• • +• •t'••1 ; t r.;,f ';s���ir`•,.�;' i '��; ,r .;,fir ' .�'• • .;', flw�rr A+r+�. �C,�dJ+r`t1�►'K- AMAlIM1M OFFICE �' , �,r• ,,. f: r up"p „ 1 .i'�; i,! 1'' l; :; `'' '` ,1011 *OUTH RAFT iC*��1�T.'• • t. :;:.;,`<;, {:.' ,,: ':� ';, : ��''. �, ,a " c { r"A"Sii�I,,CAr.IfalMwiA T" sip •• ''. ,i r� :� IiRr11�TMp+ rJ33 ',�+'r , „ .1 rr•Ir r U, r, '�Q't'.•!1t:'r• C;• ' S�' •..i. ,1'ir•'�"P.'` t•I 1 ' + ;..� a. ,' ' + '�• � ' + .. t ., it 1 1 } rJ'r i. •ti yr .. � + •�''' , , ' ;�' ,, '{ r , �; 1;�+ f ail �w�{., ,� 1,�++,; - 7 t1 '.;ti. ',. '" '•, r ., '' .1s' .( f� '�'.. ..1. rl•',`?� •P•.�If. ,��• if•.I � ��• 1 1 ''' ii ,• .D i .. � ' „ ; , 1 ove tlt dtori Mvbft toiIrAt.16% t ta'rl1R IMPLY � ��� f'it o+a� pta +aanacivuiag UK proM' ; . Alp � o ' }Li ' pax in Ca�aaaa+�elai ' : , , : ', ;ivri�it`�► �'itaii'ra � .,; � ..ri3�crrat x�drl. t • ' � ' ,. . ' M�►'r"?t�►�+NMI .tirr�'.i,>�c•�a�u►ti16�i;�lexl�',�a+ nr�l��d lea M�r�i�+r�;a�' lP'�r�Q.li� '•. '-, iir ild`riiar f . i '. aftt oii'l�iaitila folk' mil to 14 ,0 ,. mil i �rY� f� �" IgMa 1 iR i� i i1t 1 tMt Lac•a~ rdit fi iLm' of ' pt•llaett with- qV19%able11 as 4+it �t+� �iii�pt Irleld:b� . �7; i� �! . 1M � llt+ rM a�ra��wli to tL�. �rwra,'a�alt *1lr alvtory . to ir+tgirl i ; 48 mind w tat r 4v otrat. t to' . �. ' �► # 1 �`+11�j ' � M1 . !� ��1� . , Alta[ a tiwiNr of rri1v be ti .:I*,p it'sit �ta� ; r ' .' . . •�-.'e'�1,� t1�1 ►�1p1�i+1�� . i lya'"w��tlh' ,•. � ''r • •t . . `'. ; ro`•l i,• ., ,•,1 1 .r ^ '1t1 ' ' f,1„ 1 � • ' 1, ' .'' • +, Y re .� • v I 11untington 11arbour Property Owners Ass ciation, Inc. P. O. BOX 791 August 4 , 1972 SUNSET BEACH, CALIFORNIA JIM N, 5P2 sa42 PrnSidea" Lt.Col .H. Roper ,Jr. Mtln! JACK HOW E.645.4741 District Enginee - Vlco President Department of the Army , JACK GOnnELL, 840.4110 Vic.ePre%idenl Los Angeles District JOHN MUnP11V. 592-2621 P.O.Boa{ 2711 Wr'lnry Los Angeles ,California 90053 FLINT MOnnISON, A45-4838 Treasurer California Regional Water Quality Control Board 13OAnnoF. 01nEC.T09S. Santa Ana Region 6848 Magnolir. Avenue id Rivers e JIA1EIENur i IR �i92.5242 Ar^1nI0tlwlne+,etr , California 92506 ow nEUP11EE,945•P451 7nninq 5, Vntlence. rh. Honorc.ble Mayor and City Counci 1 t,' 10111DOU!iLA^3.545.5251 City of 1ilrltington Beach ow-tlt Ov^rll,ghtt DON EGGELSTON, 845.1251 City Hall ttrrv,r:tms Huntingtcn Beach , California _ JACK OOI9nELL. 646-4110 Nev,Nt;Iter Editor Subject : Adverse Environmental Impact JOHN HELF En. 592.5755 Selr,ty Tentative Tract 7850 Lagoon 9HODA MAnTYN. SP2.2625 xnnrn0,,,,,,�•.,tt,,ncn Gentlemen: ALLEN HUGHES,645-1777 Envlrnnmenlrl Concerns PA1 MILANO, 592.2145 On behalf of more than 500 families residing in the im- 11nmeCouhcil mediate area of proposed Tentative Tract 7850 , we re- RALPHMOSS.50-9531 spectfully request that close scrutiny and serious H,!fio Council evaluation be given by your respective bodies to the 1rnN CnUncl,4Ch92.2o21 ►In environmental impact report which will accompany the DICK OPIWIL, 11145.1535 application for orange County Tentative Tract 7850 P.,r%,; & A.-.trrtllnr' authorization to establish and maintain a lagoon in con- rfir.1) TMYPS)►J. J5e•226n t1nhr:t, ,ty nection with this development. JOHN SILYEn. 048•1492 We are advised that even the engineers representing the r,ILlyrnt,,.st1N. �t�2-!,qRz g J p „F1tHJ()W60N. 94fi-c:,16 developers concede that pumping facilities will by nec- essary to maintain a flow and movement of water sufficient . to avoid pollution and stagnation within the tract . We are very , very concerned that such pumping operation will • i Lt.Col. H. Roper,Jr. California Regional Water Quality Control Board Honorable Mayor and City Council August 4 , 1972 Page Two contribute additional noise and vibration pollution . We are also concerneu that adequate provision might not be made to financially and otherwise guarantee and assure that the pumping and other nerded facilities will be maintained at an efficient level in future yetrs and decades . Any assistance or assurances that your agency can provide us in these connections will be greatly appreciated. Very truly yours , JIM BE SON, President Huntington Harbour Property Owners Association JB : ck I I I A i I STATEt4ENT OF THE ACTION OF CITY COIJ14CIL Council Chamber, City Hall Huntington tench, California I1 M-)nday, December 10, 1972 h Mayor Coon called the r4guler meeting of the City Council of the City of Huntington Beach to order 'at 7:00 P.M. ICoun,"ilman Present. Shill, y3 Bartlett, Gibbet Green, MatneY, nuke,,, Coen Councilmen Absent: None TRACT NO, 7850 -41..REG:O'HAL WATER (,,QUALITY CONTROL BOARD PERMIT'S w .w_... Mi Y�www.i wiN�1 . ri■ �i . - -��,�. F. .+- .- ... The Director of Public Works requested Council direction relative to the hearing which will be held before the Regional Water Quality Control Board regarding per- mits for Tract No. 7850. Mr. Wheeler explained why Its department and the Harbors and Beaches Department believe that the street drainage in Tract No. 7850 should be handled in the same manner as street drainage throughout the other portions of Huntington Harbour. He informed Council that there are citizens who will be appearing before the Regional Water Quality Control Board to ask that the Board i require that the stoma drainage be collected and pumped into a neighboring flood control channel. He explained that his recommendation on this matter was based on the fact that the tract accounts to less than 1% of the drainage re:. tributary to the Huntington Harbour area; that this was a major area-wide problem And could not a t on these homeowners. Ile be solved by Imposing the perennial cos requested Council s authorization to foroally take this position before the Regional Water Quality Con- trol Board hearing, Mr. John Nichol, representing Moffatt and Nichol Engineers, addressed Council and informed them of the requirements which the Regional Board sets in regard to special catch basins and corrected the Director of Public Works in that the tract is less than one tenth of one percent of the total drainage area tributary to tuntington Harbour. Councilmen Shipley left the meeting at 8:50 P.M. Considerable discussion wao held between the Director of Public Works and Council on the matter. A mocienwas made by Councilman Matney to authorize the Director of Public Works to take the positbn which he has recoamiended to Council before the Regional Water Quality Control Board regarding street drainage in Tract No. 7850, but that he pursue this ns j a long range study program; the problem of pollution in the harbor and the potential pollution of the Bolsa Chica bay area. The motion was passed by the following roll call vote: I AYES: Councilman: Bartlett, Green, Matney, Coen NOES : Councilmen: Gibbs, DuLe ABSENT: Councilmen: Shipley On motion by Green, Council directed the Director of Public Works to indicate to th- Regional Water Quality Control Board that: the City Council urges them and strongly � supports any actions or long range planning for preventing further pollution in the City of Huntington Beach. The motion was passed by the following; vote:: AYES : Rart:ltirt- ClbInt, Green, Matney, Duke, Coen i NOES : Cuu11u.:.. ,.. . ABSENT: Councilmen: Shipley •sk�c•�•�k Ic'�rde�t'1�#1k�19F*slot*k'��1"A fir*�r�•*ltdk x►:�r*'ir�r�'e 4r�r•�rs�•;'e>':�•:';:t�c k it��r�•s't,t*is it*ic•h•.r*�� On motion by Green, the regular meeting of the Cit_v Council of the City of HunCingt:on j Beach adjourned at 1.0:47 P.M. The motion was passed by the following; vote: • n� Bartlett, Gibbs Green Mums DiA,.e Co(-n I AYI.S . Councilmen: i3 , y, , NO'r:S: Councilmen: Nona. ABSENT: Councilmen: Shipley 1'.1ti l G. .Iuny.I t't.Ly� Clerk rncl ex-off icio Clerk of the City Comic it of thy' Ci.t.y ATTEST: of (Iunf:ington 1Se.,ell , C-+ 1tforlild i i .._....__ ... Paul C. Jones _._ _..�.�� A'o- i:t M. Coevvi _ ,...._ City Clerk ,tayur Ye,gt� 417- - Stat zmant of the. on of City Council - 12/18/77 i STATE; OF CALWORNIA > County of Orange ) ao : 1 City of Huntington Beach ) I, PAUL Cs JONES, the duly elected, qualified and acting City Clerk of the City of I iiuntington Beach, California, ado hereby certify that the nbwe and foregoing in � true and correct Statement of Action of the City Council of said City at their regular meeting held an the 18th day of December, 1972. t Paul C. Jones City Clerk and ex-officio Clerk � of the City Council of the City of Huntington Beach, California J� I Deputy