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Poseidon - Conditional Use Permit 02-04 - Coastal Developmen
; IVE Council/Agency Meeting Held: Deferred/ ontinued to A/off C- 15, ' ❑Approved ❑ Conditionally Approved '"""LJ Deli e�9' 4, ity C rk's ~$iIiature Council Meeting Date: January 9, 2006 Department ID Number: PL 06-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRA PREPARED BY: HOWARD ZELEFSKY, DIRECTOR OF PLANNING i ROBERT F. BEARDSLEY, PE, DIRECTOR OF P SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05 (SEAWATER DESALINATION PROJECT) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On October 17, 2005 the City Council continued the subject request to the November 21, 2005 meeting to allow Poseidon Resources Corporation to further refine the terms of its proposed offering of benefits to the City. On November 21, 2005 the City Council continued the item to the January 9, 2006 meeting. Attachment No. 1 is a revised list of findings and conditions which incorporate detailed conditions regarding the Franchise Agreement, Water Purchase Agreement, and Owner Participation Agreement (see conditions 4i, 5h, and 5i). A separate staff report has been prepared regarding the Owner Participation Agreement referred to in condition 5i. Attachment Nos. 2 and 3 have been revised to reflect the continuance to the January 9, 2006 meeting. The overall project is described in greater detail in the September 6, 2005 staff report and the pipeline issues in the October 17, 2005 staff report. Funding Source: Not applicable. Recommended Action: STAFF RECOMMENDATION: Motion to: 1. "Approve Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 to permit the Seawater Desalination Project with staff recommended findings and conditions of approval (Attachment No. 1)." / __. REQUEST FOR ACTION MEETING DATE: January 9, 2006 DEPARTMENT ID NUMBER:PL 06-01 2. "Approve CEQA Statement of Findings of Facts with a Statement of Overriding Considerations (Attachment No. 2)." 3. "Approve the Mitigation Monitoring and Reporting Program (Attachment No. 3)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Approve Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 to permit the Seawater Desalination Plant with Planning Commission straw vote findings and conditions of approval (Attachment No. 2 to the September 6, 2005 staff report)." 2. "Deny Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 with findings for denial. (Attachment No. 3 to the September 6, 2005 staff report)" 3. "Continue Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 and direct staff accordingly." LAND USE-RELATED BENEFITS TO THE CITY Since the September 6, 2005 City Council meeting, Poseidon Resources Corporation has refined its proposed offering of benefits to the City. The October 17, 2005 staff report discussed those benefits that are land-use related and this report provides an update to that discussion. In addition to the specifics of each benefit, of particular interest to the City is the guarantee of these benefits. Staff believes that a Franchise Agreement, Water Purchase Agreement, and an Owner Participation Agreement are necessary in this regard and has included these in the recommended conditions of approval (Nos. 4i, 5h, and 5i). The City would negotiate to refine and/or augment the benefits presented below in these agreements. Further, the agreements would have an assignability clause such that the terms would be applicable to a future buyer of the project. It should be noted that both the Franchise Agreement and Water Purchase Agreement executed between the City and Poseidon Resources Corporation would be subject to challenge if there were a public entity successor-in-interest to the entitlement. The land use-related benefits that would be included in the agreements are presented below by type of agreement. In addition, intrinsic benefits not associated with an agreement for the project are listed. Benefits Addressed in a Water Purchase Agreement 1. Water Supply Purchase — City has option to purchase up to 3,360 Acre Feet (AF) per year [i.e. 5 cubic feet per second (cfs) or 3.2 million gallons per day (mgd)] of water from the Project on a firm basis, at a price equal to a 5% discount below the P:\RCAs\2006\PL06-01 Poseidon CUP CDP.doc -2- 1/5/2006 11:23 AM REQUEST FOR ACTION MEETING DATE: January 9, 2006 DEPARTMENT ID NUMBER:PL 06-01 cost to purchase MWDOC's treated, uninterruptible potable water. (Note that without additional negotiations, this offer would provide only a nominal cost savings unless based on the MWD rate.) ■ 3,360 AF/year = approx. 20% of annual imported water purchases by City 2. Emergency Water Supply — City would have first right to purchase up to 11,201 AF per year (i.e.13 cfs or 8.4 mgd) of additional water from the Project in a declared water emergency, at the same cost as above, for up to seven consecutive days. Additional water would be available on an as-available basis. (Note that the definition of"emergency" would need to be clarified in further negotiations.) 3. Reduced size of reservoir booster pump station due to Project's high-pressure discharge to City system. The reduced size equates to $2,650,000 in avoided construction costs and an O&M savings of$56,000 annually. 4. Local Pipeline Interconnection - City would be provided a 5 cfs (3.2 mgd) pipeline connection from the Project delivery pipeline near the Newland/Edison intersection into city facilities in the area. ■ City could avoid certain MWD surcharges valued at up to $180,000/year, based on $55/acre-foot surcharges Benefits Addressed in a Franchise Agreement 1. Franchise payments for use of City's street rights-of-way for Project's delivery pipeline and connection to OC-44 ■ OC-44 interconnect fee of at least $1 million; An agreement with the Joint Powers Authority governing the pipeline will need to be executed as well. ■ Franchise payments to City of at least $100,000/year 2. Repaving of the street from curb to centerline along the pipeline route, including striping and marking. Slurry seal the remaining lanes on the other side of the centerline or median, including constructing ADA-compliant curb ramps consistent with State standards in constructing ADA facilities. This would include all missing and non-standard ramps along the pipeline route adjacent to where paving or slurry sealing is to be performed. 3. Public right-of-way enhancements - Funds would be provided to the City in an amount not to exceed $1.9 million which may be used by the City in its sole discretion for improvements adjacent to the site or along the route of the pipeline. 4. Pipeline construction oversight— Poseidon's contractor will provide a performance, surety bond and site restoration bond; City will have the right to review the P:\RCAs\2006\PL06-01 Poseidon CUP CDP.doc -3- 1/5/2006 11:23 AM REQUEST FOR ACTION MEETING DATE: January 9, 2006 DEPARTMENT ID NUMBER:PL 06-01 qualifications of the pipeline contractors prior to selection; Poseidon will pay for a full time on-site city construction inspector for pipeline construction. Intrinsic Benefits 1. Additional Ocean water quality testing required since water will be a source of the public drinking water supply. 2. Improved appearance and remediation of the immediate site by replacement of oil storage tanks and containment berms with an architecturally enhanced, lower profile, and landscaped facility. 3. Diversification of City's water supply portfolio on a regular and emergency basis. Environmental Status: Following approval of the conditional use permit and coastal development permit, the City Council must approve CEQA Statement of Findings of Facts with a Statement of Overriding Considerations (Attachment No. 2), and a Mitigation Monitoring and Reporting Program (Attachment No. 3). Attachment Us : City Clerk's Page Number No. Description 1. Findings and Conditions of Approval dated January 9, 2006 (Staff Recommendation) 2. CEQA Statement of Findings of Facts with Statement of Overriding Considerations— REIR No. 00-02 dated January 9, 2006 3. Mitigation Monitoring and Reporting Program— REIR No. 00-02 dated January 9, 2006 4. October 17, 2005 Staff Report on Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 (previously provided and not attached) 5. September 6, 2005 Staff Report on Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 (previously provided and not attached) 6. Letters in Opposition and/or Support 7• Powerpoint presentation P:\RCAs\2006\PL06-01 Poseidon CUP CDP.doc -4- 1/5/2006 11:23 AM ATTACHMENT I ATTACHMENT NO. 1 Staff Recommendation January 9, 2006 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05 SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-04: 1. Conditional Use Permit No. 02-04 for the establishment, maintenance and operation of a seawater desalination project producing 50 million gallons of potable water per day which includes a 10,120 square foot administration building, 38,090 square foot reverse osmosis building, 36,305 square foot product water storage tank(30 foot high), other related accessory structures; perimeter landscaping and fencing along the project's frontage on Newland Street and Edison Avenue; and up to four miles of water transmission lines will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will result in the demolition of three 40-foot high fuel storage tanks to be replaced with one 30 foot high water storage tank and lower profile and modern structures with a more attractive design consistent with the city's adopted Design Guidelines. The project will further enhance the appearance of the area with the installation of 10 to 20 feet of landscaping and an eight- foot high block wall along the Edison and Newland street frontages to provide additional screening and a consistent and upgraded appearance in contrast to the existing improvements. 2. The conditional use permit will be compatible with surrounding uses because the project as proposed and modified by the conditions imposed is compatible with the properties immediately surrounding it which are primarily industrial in nature. Additionally, significant setbacks including Newland Street to the west, Edison Avenue to the north, the flood control channel to the east, an existing concrete berm, 10 to 20 feet of landscaping and an eight foot high block wall along the project's Edison and Newland street frontages provide additional screening from surrounding uses. Impacts pertaining to noise, light/glare, odors, and use of chemicals are also addressed to make the project compatible. 3. The proposed seawater desalination project including a 10,120 square foot administration building, 38,090 square foot reverse osmosis building, 36,305 square foot product water storage tank, other miscellaneous accessory structures; perimeter landscaping and fencing along the project's frontage on Newland Street and Edison Avenue; and up to four miles of 48-inch water transmission lines will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project as proposed and modified by the conditions of approval is consistent with the PS-0-CZ (Public-Semipublic—Oil Production Overlay— Coastal Zone Overlay) zoning district, and meets or exceeds the minimum development standards set forth therein, and is allowed subject to approval of a conditional use permit and coastal development permit. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.1 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of P(Public) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 7.1.1 -Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. b. LU 12.1.5 - Require that new and recycled industrial structures and sites be designed to convey visual interest and character and to be compatible with adjacent uses, considering the: a. use of multiple building masses and volumes to provide visual interest and minimize the visual sense of bulk and mass; b. architectural design treatment of all building elevations; c. use of landscaping in open spaces and parking lots,including broad landscaped setbacks from principal peripheral streets; d. enclosure of storage areas with decorative screening or walls; e. location of site entries to minimize conflicts with adjacent residential neighborhoods; and f. mitigation of noise, odor, lighting,and other impacts. c. LU 13.1.8 - Ensure that the City's public buildings, sites, and infrastructure improvements are designed to be compatible in scale, mass, character, and architecture with existing buildings and pertinent design characteristics prescribed by this General Plan for the district or neighborhood in which they are located, and work with non-City public agencies to encourage compliance. d. UD 2.1: Minimize the visual impacts of new development on public views to the coastal corridor, including views of the sea and wetlands. e. CE 7 -Maintain and enhance the visual quality and scenic views along designated corridors. The project will be an improvement to the area because it will result in the demolition of three 40-foot high fuel storage tanks. The new proposed structures are more compatible with the surroundings because they are lower in height and have a more attractive design consistent with the General Plan and Design Guidelines. There are limited views across the Huntington Beach Generating Station(HBGS) site due to the height of the existing structures. However, views will be improved to the extent that the new proposed desalination project structures have a lower profile than the existing fuel storage tanks proposed to be demolished. The project is required to provide a 10-foot landscape planter along the perimeter of the site to enhance the appearance of the area. These landscaping improvements are required to be consistent with the approved landscaping improvements for the rest of the HBGS property to the south for a cohesive appearance. SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-05: 1. Coastal Development Permit No. 02-05 for the development of the desalination project and approximately one mile of water transmission lines within the Coastal Zone, as proposed and modified by conditions of approval, conforms to the General Plan, including the Local Coastal Program by implementation of the following Coastal Element goals, objective, and policies: (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.2 a. C 1.1.1 - With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services, and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. b. C 1.2.1 - Accommodate existing uses and new development in accordance with the Coastal Element Land Use Plan and the Development and Density Schedule Table C-1. c. C 4.2.1 - Ensure that the following minimum standards are met by new development in the Coastal Zone as feasible and appropriate: a. preservation of public views to and from the bluffs,to the shoreline and ocean and to the wetlands; b. adequate landscaping and vegetation; c. evaluation of project design regarding visual impact and compatibility; and d. incorporate landscaping to mask oil operations and major utilities, such as the electrical power plant on Pacific Coast Highway. J P p d. C 4.7 - Improve the appearance of visually degraded areas within the Coastal Zone. e. C 4.7.1 - Promote the use of landscaping material to screen uses that detract from the scenic quality of the coast along public rights-of-way and within public view. f. C 4.7.5 - Require the review of new and/or expansions of existing industrial and utility facilities to ensure that such facilities will not visually impair the City's coastal corridors and entry nodes. g. C 4.7.8 - Require landscape and architectural buffers and screens around oil production facilities and other utilities visible from public rights-of-way. h. C 4.7.9—Require the removal of non-productive oil production facilities and the restoration of the vacated site. i. C 6.1.1 —Require that new development include mitigation measures to prevent the degradation of water quality of groundwater basins, wetlands, and surface water. j. C 6.1.13 - Encourage research and feasibility studies regarding ocean water desalinization as an alternative source of potable water. Participate in regional studies and efforts where appropriate. k. C 6.1.19—Prior to approval of any new or expanded seawater pumping facilities, require the provision of maximum feasible mitigation measures to minimize damage to marine organisms due to entrainment in accordance with State and Federal law. 1. C 7.1.3 —Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. in. C 7.1.5 —Notify State and Federal agencies having regulatory authority in wetlands and other environmentally sensitive habitats when development projects in and adjacent to such areas are (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.3 submitted to the City. The implementation of any Habitat Conservation Plan shall require an amendment to the Local Coastal Program. Incidental take of sensitive habitat and/or species that occurs in the context of development must be consistent with this LCP. n. C 10.1.4—Require appropriate engineering and building practices for all new structures to withstand round shaking and liquefaction such as those stated in the Uniform Building Code. g g q g The proposed desalination project is located within an unused fuel oil storage tank facility constructed in 1961 and formerly owned and operated by Southern California Edison. In addition to the proposed desalination facility site, the proposed project would also include several related off-site improvements, including tie-in pipelines between the existing HBGS condenser cooling water discharge system and the proposed desalination project, and up to approximately 4 miles of product water delivery. The intake/discharge pipelines would be located entirely within the existing HBGS site. The majority of the product water delivery pipeline would be located within existing public streets, easements, or other rights-of-way in urban areas. As such, the proposed new development is located within existing developed areas. The proposed use is consistent with the Coastal Element Land Use Plan designation of P (Public) for the site. The proposed use is compatible and consistent with the industrially designated properties immediately surrounding the subject site and meets the requirements of the Coastal Element of the Land Use Plan and the Development and Density Schedule. The project will improve the appearance of the area demolishing e b enrol shm three existing unused 40-foot high � p J p pp Y g g g fuel storage tanks and replacing them with lower profile, modern, and more attractive structures. The proposed structures vary in height from a maximum of 30 feet for the water tank to a minimum of six feet high for the ammonia tank. The proposed desalination project will not impact public views to the coast. There are limited views across the HBGS site due to the height of the existing structures. However, views will be improved to the extent that the new proposed desalination project structures will have a lower profile than the existing fuel storage tanks proposed to be demolished. A 10 foot and 20 foot planter along the lease area street frontage on Edison and Newland respectively will further improve the appearance of the project with attractive landscaping. Inaddition, P pp p J the proposed pipeline alignment is situated below ground and will not impact public views or require landscaping to minimize visual impacts. As conditioned,the project is required to prepare a final landscaping plan along Edison Avenue for approval b the Design Review Board that is consistent in design, colors and materials with the pp Y g landscaping for HBGS for a cohesive appearance. In addition,the conditions of approval for the project require a minimum of six percent landscaping over the entire 11-acre lease area, and that landscaping along the Newland and Edison lease area street frontages include the densest type and number of trees to provide the most effective screening possible, which must be maintained h � p g a ed t o the approval of the City Landscape Architect. Landscaping within the eastern portion of the site will consist of native wetlands planting for compatibility with the wetlands to the southeast. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.4 In addition, the bottom portion of these structures will be hidden behind the existing berm along the perimeter. As noted above,the proposed structures are in substantial compliance with the Design Guidelines by employing variations in form,building details, colors, and materials that create visual interest, and the design is carried through all the structures including the architectural screen for the tanks to achieve a unified theme. Furthermore, the conditions of approval also require that utility meters be screened from public view, that electric transformers be enclosed in subsurface vaults, that backflow prevention devices be prohibited in the front yard setback and be screened from view. The conditions further require that all exterior mechanical equipment be screened from view on all sides, and that rooftop mechanical equipment be setback from the exterior edges of buildings. The Recirculated Environmental Impact Report analyzed the potential impacts of the project on water quality generally, as well as both ocean water quality and product water quality. Based on the analysis contained in the Recirculated EIR, no mitigation measures are required to protect ocean water quality. However, the Recirculated EIR contains a number of mitigation measures designed to prevent the degradation of water quality in groundwater basins, wetlands, surface water and product water. These mitigation measures are contained in the Recirculated Environmental Impact Report for the project. The Recirculated Environmental Impact Report analyzed the potential impacts to marine organisms due to entrainment and concluded that no mitigation measures were required. The Recirculated EIR noted that entrainment is currently permitted for the once-through cooling water system of the HBGS, and that the proposed desalination facility does not directly take seawater from the ocean,and that withdrawal of feedwater for desalination is from the HBGS cooling-water discharge and not subject to intake regulation under the Federal Clean Water Act(316b). In addition,the proposed project will not alter in any way existing HBGS cooling water intake operations. For these reasons,no mitigation measures are required to reduce entrainment impacts to marine organisms. The desalination project is surrounded by other industrial properties, a 145-foot wide flood control channel, HBGS, and a wetland area to the southeast. The wetland area is separated from the project by an existing berm. The project has been designed to not create any impacts to the adjacent wetlands. Nonetheless, a number of mitigation measures will be required to ensure that impacts to the adjacent wetlands are minimized. State and Federal agencies with regulatory authority in wetlands and other environmentally sensitive habitats have been consulted as part of the CEQA process for the project. These agencies include, among others, the US Fish and Wildlife Service, California Department of Fish and Game, and California Coastal Commission. The project as conditioned will require compliance with the standards set forth in the most recent edition of the Uniform Building Code to assure safety of the occupants and seismic safety to the satisfaction of the Department of Building and Safety prior to issuance of a building permit. Lastly,the project is an ocean water desalination plant that will create an alternative source of potable water. When the project is completed, it will provide Orange County with 50 million gallons of (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.5 potable water per day, accommodating the needs of Orange County regardless of weather or governmentally imposed conditions affecting water supply. By building the facility and locating it in Huntington Beach, the facility will demonstrate the opportunities offered by desalination, and will offer cities, counties, and the State of California a tangible example of how desalination can become more widely accepted throughout the state and the nation, and will encourage additional research and feasibility studies regarding ocean water desalination as an alternative source of potable water. 2. The project is consistent with the requirements of the CZ Overlay District, O Overlay District,the base zoning district, as well as other applicable provisions of the Municipal Code. The project meets or exceeds all minimum development standards including but not limited to setbacks, height, and parking. The project is conditioned to require compliance with all Public Works, Fire, and Building and Safety Department codes and requirements. The project conforms to the City's Design Guidelines and incorporates variations in form, building details, colors, and materials that create visual interest. The project provides buffering from sensitive uses such as residential developments through landscaping, a block wall, and increased setbacks. The perimeter wall is designed in a manner to create an attractive appearance and will be consistent with the wall design approved for the portion of the HBGS property to the south for a cohesive appearance. The project meets all the requirements of the O Overlay District. The project meets the minimum size requirements, and the project includes a reuse plan to remediate property that has been contaminated by previous oil-related use. The property is conditioned to operate in compliance with Title 15, Uniform Fire Code, and any other applicable Federal, State, County, or local rules and regulations, and must be approved by the Fire Department. Non-permitted equipment will not be allowed to be used on the project site, and all requirements for the use of an O overlay zone have been or will be met, including dedication requirements. The project meets all the applicable requirements for the CZ overlay district. The project preserves and improves existing visual resources and complies with maximum height limitations, off-street parking requirements, landscaping requirements, and other requirements. Due to the industrial nature of the project location,there is currently no public access at the site; therefore public access will not be affected by the project. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project is an infill development, which as conditioned and with the implementation of all mitigation measures will provide all necessary infrastructure to adequately service the site and not impact adjacent development. This includes dedication and improvements to the project lease frontage along Edison Avenue to improve circulation in the area. The proposed project will comply with City of Huntington Beach Fire Department requirements, including the installation of fire sprinklers and fire hydrants, and impacts of the project on the Fire Department are not expected to be significant. There are no anticipated additional impacts of the project on Police protection. The project is expected to have little or no impact on libraries. The project backers will have some responsibility for roadway maintenance, and impacts on roadway maintenance caused by the project are expected to be less than significant. The project is anticipated (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.6 to have a negligible impact on parks and recreation facilities within the City. Project impacts to existing wastewater facilities are expected to be minimal, and the project plans are anticipated to include a new sewer line or private sewer system to accommodate additional wastewater. A local stormwater drainage system would be implemented as part of the site facility, and stormwater would be treated on-site prior to off-site discharge. The project would require new facilities to support operational water uses, but these uses are not expected to create significant impacts. There are no significant impacts of the project on reclaimed water use. The project would not create any significant impacts on the disposition of solid waste. The project's power demand would be less than one percent of the demand within Orange County or Southern California, and are anticipated to be less than significant. No impacts on natural gas supply are anticipated in the implementation of the project. No significant impacts on telephone and cable service are anticipated by the project. 4. The development of the desalination project and approximately one mile of water transmission lines within the Coastal Zone conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act as they will not impede any public access to the coast and public recreation opportunities in the area. All public access to the coast and public recreation in the area will not be impeded during the long-term operation of the facility as well as during the construction process with the implementation of conditions of approval and mitigation measures. The site does not currently provide public access or public recreation opportunities because of the industrial nature of the historic uses at the site. The proposed project is consistent with the Public and Semipublic utility uses for which the site is designated, and is not suited for public access or recreation purposes for a number of reasons, including concerns about public safety. The site is located landward of Pacific Coast Highway and would not provide a connection to the coast or public recreation opportunities, as it is virtually surrounded by other industrial uses. Nonetheless, because no public access or recreational opportunities currently exist on the site,the project will not impede existing public access to the coast or public recreation opportunities in the area. The project will not impact any existing public parking or beach access and will not discourage or impact any existing lower cost visitor and recreational facilities. The project site is currently not accessible to the beach,thus no access will be impacted. The proposed project will not impede any unique water-oriented activities, nor does it involve any oceanfront land suitable for recreational use. The project involves the use of private lands that are not suitable for visitor-serving commercial recreational facilities. Even if the lands were suitable for such visitor-serving uses,the project proposes a coastal-dependent industry use, which is not of a lower priority than visitor-serving uses. SUGGESTED CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05: 1. The site plan received and dated June 1,2005, floor plans and elevations received and dated April 7,2003, and March 21,2005 and landscaping plan received and dated April 23,2003 shall be the conceptually approved layout with the following modifications: (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.7 a. The landscape area on the east side of the project site (landscape area three) shall include the removal of all Myoporum, and shall be planted with a palette of plants indigenous to the Southern California coastal community. b. The architectural treatment proposed on all the tanks shall be limited to the top portion that is visible above the surrounding concrete berm. (DRB) c. The final fencing and landscaping plan along Edison Avenue shall be subject to approval by the Design Review Board per conditions set by the City Council. (DRB) d. Perimeter landscaping for this project along Newland St. and Edison Ave. is required to be installed only along the lease area frontage. The lease area shall have a minimum of six percent landscaping of the entire 11-acre lease area. e. The landscaping and wall plan shall be consistent in design, colors, and materials with the landscaping and wall plan for AES for a cohesive appearance. f. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) g. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) h. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning,refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) (MM-ALG 1) i. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non- obtrusive, not interfere with sidewalk areas and comply with required setbacks. j. If outdoor lighting is included, light intensity shall be limited to that necessary for adequate security and safety. All outside lighting shall be directed to prevent"spillage"towards the sky and onto adjacent properties, including the adjacent wetlands, and shall be shown on the site plan and elevations. (MM-ALG 2) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.8 k. The landscaping along the Newland and Edison lease area street frontages shall include the densest type and number of trees to provide the most effective screening possible and shall be maintained to the approval of the City Landscape Architect. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District(SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures,use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. h. For the demolition of the three (3) 200 foot diameter fuel oil tanks, a work plan must be submitted and approved by the Fire Department prior to commencement of work. (FD) i. In order to minimize potential demolition and construction impacts to nesting savannah sparrows and other threatened or endangered species adjacent to the proposed desalination facility, a pre- demolition nesting survey will be performed by a qualified biologist in consultation with applicable regulatory agencies. Should nesting savannah sparrows or other threatened or endangered species be found, adequate mitigation(such as relocation, construction noise abatement measures, etc.) will be implemented as appropriate based on the findings of the pre- demolition survey. j. In order to minimize potential construction impacts to nesting savannah sparrows adjacent to the proposed desalination facility, a pre-construction nesting survey will be performed by a qualified (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.9 biologist in consultation with applicable regulatory agencies. Should nesting savannah sparrows be found, adequate mitigation(such as relocation,construction noise abatement measures, etc.) will be implemented as appropriate based on the findings of the pre-construction survey. (MM- CON 41) 3. Prior to acceptance of grading plans for review: a. Twelve feet(12') of additional right-of-way shall be dedicated in fee along the lease area limits of the Edison Avenue frontage. (P (General Plan b. A 31-foot radius of additional right-of-way shall be dedicated in fee at the southeast corner of Newland Street and Edison Avenue,per City Standard Plan No. 207. (General Plan) 4. Prior to issuance of radon permits, the following shall be completed: grading � g P a. The applicant shall submit written proof of final project approval by each applicable regulating agency including but not limited to the California Coastal Commission, Santa Ana Regional Water Quality Control Board, South Coast Air Quality Management District and all applicable water agencies and cities. b. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls and walls) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. c. Provide a Fire Department approved Remedial Action Plan(RAP)based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification#431-92. (FD) d. From the Division of Oil, Gas & Geothermal Resources (DOGGR),provide a Permit to Conduct Well Operations for all onsite active/abandoned oil wells. (FD) e. From the DOGGR,provide proof of a Site Plan Review application. (FD) f. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification#422-Oil Well Abandonment Process. (FD) g. Installation and/or removal of underground flammable or combustible liquid storage tanks (UST) require the applicant to first obtain an approved Orange County Environmental Health Care UST permit/site plan. This approved plan must be presented to obtain the required Huntington Beach Fire Department Fire Code Permit Application to conduct installation and/or removal operations. (FD) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.10 h. For Fire Department approval, applicant must submit a site plan showing all onsite abandoned oil wells accurately located and identified by well name and API number, plus identify and detail all methane safety measures per City Specification#429-Methane District Building Permit Requirements. These details shall be on a separate sheet titled"Methane Plan." (FD) i. Prior to issuance of any permit,the applicant shall enter into a Franchise agreement with the City for the generation and transport of product water from the site, and through and across the city's streets, rights-of-way or properties which shall incorporate the following: (PW) (MC 3.44) 1) Franchise payments would be made to City for use of the street rights-of-way of at least $100,000 per year adjusted annually based on adjustments in the Consumer Price Index. 2) The applicant will repave the street from curb to centerline along the pipeline route, including striping and marking and raised pavement markers (RPMs) and slurry seal the other side of the centerline or median(with the striping marking and RPM installation)including constructing ADA compliant ramps consistent with State standards in constructing ADA facilities on all four corners of any intersection crossed by the project pipeline. This would include all missing and non-standard ramps along the pipeline route adjacent to where paving or slurry sealing is to be performed. 3) Funds in an amount not to exceed $1.9 million would be provided to the City which may be used by the City in its sole discretion for improvements adjacent to the site or along the route of the pipeline. If such payment is made through the OPA then this condition will be deemed satisfied. 4) The applicant will provide a performance surety bond and site restoration bond for pipeline construction. City will have the right to review the qualifications of the pipeline contractors prior to selection. Applicant will pay for a full time on-site city construction inspector for the duration of pipeline construction. Applicant will provide a site restoration bond to ensure completion of all project facilities and removal of those facilities in the event of any subsequent condition that prevents operation of the plant. j. A corrected lease line exhibit for area"1" and the 24-foot wide secondary access easement and an accurate metes and bounds description of the project limits shall be submitted to the Public Works Department for review and approval. A metes and bounds description and separate exhibit of all access routes shall also be provided with the submittal. (PW) k. Irrevocable vehicular access rights shall be established and recorded across the AES and Edison properties. The access width and turning radius criteria shall conform to the requirements of the Public Works Department and the Fire Department. (PW) The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.11 or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) 1. The applicant shall demonstrate utilizing a truck turning template overlay that a WB-50 vehicle can maneuver on-site through the designated access route. (PW ) in. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05) The recommendations of the accepted geotechnical study shall be incorporated into the earthwork activities. The Grading Plan shall depict, but not be limited to the following items: (PW ) 1) The parking layout shall be in conformance with the approved parking plan, and shall also conform to City Standards and the City's Subdivision Ordinance and Municipal Code requirements, including Municipal Ordinance No. 10.40.050. No parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Standard Specification Nos. 401 and 415. 2) Access for the handicapped shall be in conformance with Title 24. 3) Separate sewer lateral and sewer line to provide service to all onsite facilities. The plan shall provide horizontal location and vertical clearances and dimensional relationship with other utilities. 4) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 2-inches in size. 5) Fire sprinklers shall have a separate dedicated fire service with an appropriate backflow device. 6 Separate backflow protection devices shall be installed per Water Division standards for p p � domestic water service, fire services and irrigation water services. The final location for all public waterline facilities shall be as approved b the Water Division. P Y 7) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36"box tree. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain(if any) shall be protected and how far construction/grading shall be kept from the trunk. 8) Final site design storm hydrology and hydraulics shall be submitted for review and approval to the Public Works Department. The report shall also include calculation of first flush flows to substantiate the adequacy and effectiveness of all water quality mitigation and structural best management practices. Design of all necessary drainage improvements shall provide mitigation for all rainfall events (storm frequencies up to a 100-year frequency). Mitigation will include adequate detention storage area onsite if the project pump systems fail to operate. The final site design storm hydrology and hydraulics shall be in such a manner that there will be the least possible impact to the adjacent wetlands. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.12 9) Areas for containment shall be provided to mitigate possible spillage of any materials affecting storm water quality that may be stored on-site, and to protect the adjacent wetlands to the maximum extent feasible. n. Storm Drain, Storm Water Pollution Prevention Plans (S WPPP) and Water Quality Management Plans (WQMP) conforming with the current National Pollution Discharge Elimination System (NPDES)requirements,prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. Catch basins shall be grated and not have side openings. (DAMP) (PW) 1) A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all de-watering operation flows, and for nuisance flows during construction. (DAMP) 2) The applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent(NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification(WDID) Number. (DAMP) o. A Project WQMP shall be submitted to the Public Works Department for review and approval and shall include the following: (PW) 1) Discusses regional or watershed programs (if applicable) 2) Addresses Site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge"areas, and conserving natural areas 3) Incorporates the applicable Routine Source Control BMPs as defined in the DAMP 4) Incorporates Treatment Control BMPs as defined in the DAMP 5) Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs 6) Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs 7) Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs 8) Includes an Operations and Maintenance (O&M)Plan for all structural BMPs 9) Upon approval of the WQMP, three signed copies and an electronic copy on CD (.pdf or .doe format) shall be submitted to the Public Works Department. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.13 p. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (ZSO 230.84) The following public improvements shall be shown on the plan: (PW) 1) Curb, gutter and A.C. paving to the new centerline of construction, plus an adequate feathered overlay section to provide a smooth pavement transition along the Edison Avenue lease frontage, within a 42-foot full-width street Right-of-Way per modified City Standard Plan Nos. 104 and 202 (including an 8-foot parking lane on the north side, 24-foot driving lane, a 6-foot parkway on the north and a 4-foot wide utility easement on the south). No parking shall be permitted on the south side of the street. 2) An ADA compliant access ramp at the southeast corner of Newland Street and Edison Avenue per Caltrans Standard Plan No. RSPA88A. The corner curb return radius shall be 35-feet per City Standard Plan No. 207. 3) A 25-foot sight triangle must be provided at the intersection of Newland Street and Edison Avenue. (ZSO 230.88) 4 New Edison-owned street lighting shall be provided for the frontage of Newland Street and g g p g Edison Avenue and shall be consistent it it� s with C standards. Y 5) At the intersection of Newland Street and Edison Avenue and at the Newland Street driveway located approximately 460-feet south of Edison Avenue, corner sight distance as defined in the Caltrans Highway Design Manual must be provided. 6) All utilities (proposed and existing) shall be shown for reference purposes and shall be consistent with utility infrastructure plans. q. Improvement Plans for all offsite water transmission lines within the limits of the City of Huntington Beach shall be designed and prepared by a licensed Civil Engineer showing a plan and profile of the improvements. Said plans shall be submitted on mylar sheets to the Public Works Department for review and approval. Trenchless construction methods will be utilized to cross roadways sensitive to traffic disruption and drainage channels as deemed necessary by the Public Works Department. (PW) r. Conflicts between the routing for all offsite water transmission lines and other existing or proposed utilities, facilities or public infrastructure shall be identified and mitigated on the water line improvement plans. (PW) s. Signing and Striping plans prepared by a Licensed Civil or Traffic Engineer shall be submitted to the Public Works Department for review and approval for Newland Street and Edison Avenue. (PW) (ZSO 230.84) t. Traffic Control Plans prepared b a Licensed Civil or Traffic Engineer shall be submitted to the p p Y g Public Works Department for review and approval for offsite pipeline construction or any other work within the City's right-of-way. (PW) u. If soil remediation is required, a remediation plan shall be submitted to the Planning,Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.14 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site; details on how no wastes or pollutants shall escape the site; and details on how wind barriers around remediation equipment shall be provided. (PW) (MC 17.05.150/FD Spec. 431-92) v. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities,truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number regarding grading and construction activities, and"1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) w. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) x. The developer shall coordinate with the Department of Public Works, Traffic Engineering Division in developing a truck and construction vehicle routing plan. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents and the surrounding area. The plan shall take into consideration any street improvement construction occurring in the vicinity. These plans must be submitted for approval to the Department of Public Works. The applicant shall coordinate all construction traffic related activities with Costa Mesa's Public Services Department. The construction vehicle routing plan in the City of Costa Mesa shall be submitted for approval by the City of Costa Mesa Transportation Services Manager. (MM-CON 36) (PW) y. Should the project require off-site import/export of fill material during demolition, remediation, and construction,trucks shall utilize a route that is least disruptive to sensitive receptors, preferably Newland Street to Pacific Coast Highway to Beach Boulevard to 1-405. Construction trucks shall be prohibited from operating on Saturdays, Sundays and federal holidays. (MM-CON 12) z. In conjunction with the submittal of application for a precise grading permit,the applicant shall demonstrate to the satisfaction of the City Engineer that the preliminary geotechnical report recommendations have been incorporated into the grading plan unless otherwise specified in the final geotechnical report and/or by the City Engineer. (MM-GEO 2) aa. As the South Branch Fault (situated beneath the subject site) is classified as "Category C"by the City of Huntington Beach General Plan, special studies and subsurface investigation(including a site specific seismic analysis) shall be performed prior to issuance of a grading permit,to the (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.15 approval of the City Engineer. The subsurface investigation shall include CPT and exploratory borings to determine the fault rupture potential of the South Branch Fault which underlies the subject site. (MM-GEO 7) bb. Prior to issuance of precise grading or building permits, which ever comes first,the applicant shall submit and obtain approval from the City of Huntington Beach of a Water Quality Management Plan(WQMP) specifically identifying Best Management Practices (BMPs)that will be used on- site to control predictable pollutant runoff and to protect the adjacent wetlands. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of the BMPs whenever they are applicable to a project, the assignment of long- term maintenance responsibilities to the applicant, and shall reference the location(s) of structural BMPs. The applicable BMPs include: (MM-HWQ 1) 1) Plant materials that require fertilization and pest control shall be maintained in accordance with Orange County Management Guidelines for Use of Fertilizers and Pesticides; and 2) BMP structures and facilities shall be cleaned and maintained on a scheduled basis by a Facility Operator appointed person. 3) All fertilizers and pesticides used by the plant shall not pose any harmful effects upon plants, animals, and marine life in the adjacent wetland or to any surrounding properties. cc. Appropriate site-specific hydrology and hydraulic analysis will be performed for the project prior to the issuance of grading or building permits, which ever comes first. The analysis shall include mitigation measures, if necessary, in regards to storm water drainage and flooding, and to ensure protection of the adjacent wetlands. (MM-HWQ 2) dd. Prior to the issuance of grading or building permits, which ever comes first, an appropriate on-site drainage system shall be installed for the project that integrates permanent stormwater quality features. (MM-HWQ 3) ee. Prior to the issuance of any building or grading permits, the Applicant shall prepare an acoustical analysis report and appropriate plans,prepared under the supervision of a City-approved acoustical consultant, describing the stationary noise generation potential and noise mitigation measures (such as the installation of double walls, sound absorbing materials, acoustic barriers, sound control curtains, and sound baffles), if needed,which shall be included in the plans and specifications of the project. All stationary equipment shall be designed to insure that noise levels at the HBGS property line do not exceed the City's Industrial noise standard of 70.0 dBA and will be subject to the approval of the City of Huntington Beach. (MM-NO 1) ff. Prior to the issuance of a grading permit,the Applicant will prepare a waste reduction plan for the generation of construction and operational waste from the proposed project. This plan will be submitted to the recycling coordinator from the City of Huntington Beach who will ensure that AB 939 requirements are properly addressed. (MM-PSU 6) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.16 gg. Concurrent with the submittal of the Grading Plan,the Applicant shall submit an Erosion Control Plan to the City of Huntington Beach Department of Public Works which will include the following measures: (MM-CON 1) 1) Where necessary, temporary and/or permanent erosion control devices, as approved by the Department of Public Works, shall be employed to control erosion and provide safety during the rainy season from October 15th to April 15th 2) Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate the rapid construction of temporary devices when rain is imminent. 3) Erosion control devices shall not be moved or modified without the approval of the Department of Public Works. 4) All removable erosion protective devices shall be in place at the end of each working day when the 5-day rain probability forecast exceeds 40%. 5) After a rainstorm, all silt and debris shall be removed from streets, check berms and basins. 6) Graded areas on the permitted area perimeter must drain away from the face of the slopes at p p Y p the conclusion of each working day. Drainage is to be directed toward desilting facilities. 7) The permittee and contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. 8) The permittee and contractor shall inspect the erosion control work and ensure that the work is in accordance with the approved plans. 9) Water shall be applied to the site twice daily during grading operations or as otherwise directed by the City of Huntington Beach Inspector in compliance with South Coast AQMD rule 403 (Fugitive Dust Emissions). A grading operations plan may be required including watering procedures to minimize dust, and equipment procedures to minimize vehicle emissions from grading equipment. hh. Construction of the project shall include Best Management Practices (BMPs) as stated in the Drainage Area Management Plan(DAMP)by the Orange County Stormwater Management Program. BMPs applicable to the project include the following: (MM- CON 2) 1) Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes, or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator, or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; concrete, detergent, or floatable wastes; wastes from any engine/ equipment steam cleanings or chemical degreasing; and superchlorinated potable water line rinsings. 2) During construction, disposal of such materials should occur in a specified and controlled temporary area on-site, physically separated from potential stormwater run-off, with ultimate disposal in accordance with local, state, and federal requirements. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.17 ii. As part of its compliance with the NPDES requirements,the Applicant shall prepare a Notice of Intent(NOI)to be submitted to the Santa Ana Regional Water Quality Control Board providing notification and intent to comply with the State of California general permit. Prior to construction, completion of a Storm Water Pollution Prevention Plan (SWPPP) will be required for construction activities on-site. A copy of the SWPPP shall be available and implemented at the construction site at all times. (MM-CON 3) jj. The project shall comply with SCAQMD Rule 402,which prohibits the discharge from a facility of air pollutants that cause injury, detriment, nuisance, or annoyance to the public or that damage business or property. (MM-CON 9) kk. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular water or other dust preventive measures using the following procedures, as specified in the SCAQMD Rule 403. (MM-CON 10) 1) On-site vehicle speed shall be limited to 25 miles per hour. 2) All material excavated or graded would be sufficiently watered to prevent excessive amounts of dust. Watering would occur at least twice daily with complete coverage, preferable in the late morning and after work is done for the day. 3) All material transported on-site or off-site would be either sufficiently watered or securely covered to prevent excessive amounts of dust. 4) The area disturbed by clearing, grading, earth moving, or excavation operations would be minimized so as to prevent excessive amounts of dust. 5) These control techniques would be indicated in project specifications. Compliance with the measure would be subject to periodic site inspections by the City. 6) Visible dust beyond the property line emanating from the project would be prevented to the maximum extent feasible. 11. Prior to the issuance of any grading permits,the Applicant shall ensure evidence acceptable to the City of Huntington Beach Departments of Planning and Public Works that: (MM-CON 11) 1) All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers; 2) All operations shall comply with the City of Huntington Beach Municipal Code Chapter 8.40 (Noise Control); 3) Stockpiling and/or vehicle staging areas shall be located as far as practicable from residential areas and wetlands; and 4) Notations in the above format, appropriately numbered and included with other notations on the front sheet of grading plans, will be considered as adequate evidence of compliance with this condition. mm. Unless underground utility locations are well documented, as determined by the City of Huntington Beach Public Works Department, the project engineer shall perform geophysical (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.18 surveys to identify subsurface utilities and structures,the findings of which shall be incorporated into site design. Pipelines or conduits which may be encountered within the excavation and graded areas shall either be relocated or be cut and plugged according to the applicable code requirements. (MM-CON 14) nn. An archaeologist and paleontologist shall be selected by the applicant and the City to be available for archaeological and paleontological findings during grading and construction. A qualified representative of the Native American community shall be consulted upon for appropriate Native American findings. 5. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical,mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A corrosion report must be prepared by a qualified person who will determine the suitability of buried pipe and recommend a method to protect buried pipe when corrosive soil is encountered. The recommendations of this report shall be reproduced on the plans. (BD) c. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes. (FD) d. The Design Review Board shall review and approve the final fencing and landscaping plan along Edison Avenue per conditions set by the Planning Commission. (DRB) e. All Fire Department requirements shall be noted on the building plans. (FD) f. Contact the United States Postal Service for approval of mailbox location(s). g. A detailed geotechnical report shall be prepared and submitted with the building permit application for the proposed desalination plant. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations, retaining walls, streets, utilities, remedial work, overexcavation/recompaction, dewatering, water quality, and chemical/fill properties of underground items including buried pipe and concrete and protection thereof. The reports shall specifically address lateral spreading, flood control channel bank stability, liquefaction potential and groundwater constraints. Appropriate recommendations shall be provided to mitigate potentially adverse conditions. The geotechnical report shall also be submitted to the Department of Public Works for review and approval in conjunction with the grading plan. (MM-GEO 1) h. A Water Purchase Agreement shall be executed between the applicant/operator of the seawater desalination project and the City of Huntington Beach and shall incorporate the following: (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.19 1) The City will have the option to purchase up to 3,360 acre-feet per year (3 million gallons per day or 4.6 cubic feet per second) of water from the Project, on a firm basis, at price equal to 95% cost of water supplied by the Municipal Water District of Orange county(MWDOC) and any subsidy received by the Buyer from the Metropolitan Water District of Southern California or any other third party for the purchase of water from the Project. The term of the water supply purchase shall be 30 years with two 30- year extensions at the discretion of the City. Should the plant be unable to deliver these supplies they would be subject to liquidated damages. 2) The City will have the first right to purchase up to 11,201 AF per emergency event(i.e. 13cfs or 8.4 mgd) of additional water from the Project in a declared water emergency at the same cost as above for up to seven consecutive days per event. 3) The City would be provided a 5 cfs (3.2 mgd)pipeline connection from the Project near the Newland/Edison intersection into city facilities in the area. i. An Owner Participation Agreement shall be executed between the applicant/operator of the seawater desalination project and the City of Huntington Beach and shall incorporate the following: 1) The project developer and any future property owner,public or private,would commit to pay property taxes or an equivalent property tax in-lieu fee to the Redevelopment Agency for a period of thirty(30)years from the issuance by the City of a certificate of occupancy for the desalination facility. The tax or in-lieu fee would be based on the assessed valuation or $186,500,000 (estimate construction cost) whichever is greater. 2) The applicant will provide $2,000,000 to the City which may be used at its sole discretion for such improvements as the City Council determines will improve the quality of life in the City of Huntington Beach. 6. Prior to issuance of building permits,the following shall be completed: a. A separate water meter and backflow prevention device shall be provided for the irrigation system. (PW) (ZSO 255.04E) b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location,type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36-inch box trees or palm equivalent(13-14 feet of trunk height for Queen Palms and 8-9 feet of brown trunk) and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) (ZSO 232.04B) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.20 c. A buffer shall be required between the wetland areas and the containment berm, designated as open space, and planted with a palette of plants indigenous to the Southern California coastal community. d. The Consulting Arborist(approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW ) (Resolution 4545) e. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. f. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification#426-Fire Safety Requirements for Construction Sites. (FD) g. Fire access roads shall be provided in compliance with City Specification#401-Minimum Access for Fire Department Access. (FD) h. Fire hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. Indicate hydrant locations and fire department connections. The Fire Department and the Public Works Water Division shall determine the number of fire hydrants. (FD) i. An automatic fire sprinkler system shall be installed throughout. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) j. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice communication, and 24-hour central station monitoring. (FD) k. Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions are 6'8"wide by 4'Y deep with a 42-inch wide (min.)right or left side opening. Center opening doors require a 54-inch depth. (FD) 1. All Fire Department requirements shall be noted on the building plans. (FD) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.21 in. For classification within the City's Hazardous Materials Disclosure Program, a complete chemical inventory and a use, storage, and handling plan prepared by a fire protection engineer, environmental hygienist, or the equivalent shall be submitted to the Fire Department. Included,but not limited to, shall be the ammonia storage tank,the lime silos and the chemical treatment facilities. These tanks and associated equipment shall be designed and installed in conformance with 2001 edition of the CFC. (FD) n. As native on-site soils are compressible upon placement of structural loads,project implementation shall implement complete removal and recompaction of compressible soils or use of piles and grade beams to support on-site structures. (MM-GEO 4) o. Type V cement shall be used for concrete and buried metal pipes shall utilize special measures (coatings, etc.)to protect against the effects of corrosive soils. (MM-GEO 5) p. Due to the potential for ground shaking in a seismic event,the project shall comply with the standards set forth in the UBC (most recent edition) to assure seismic safety to the satisfaction of the Department of Building and Safety prior to issuance of a building permit, including compliance with California Division of Mines and Geology Special Publication 117 (Guidelines for Evaluating and Mitigating Seismic Hazards in California, adopted March 13, 1997). However, given the proximity of the site to the Newport-Inglewood and Compton Blind Thrust Faults, more stringent measures may be warranted. (MM-GEO 6) q. Due to the potential for liquefaction within the project vicinity,the Applicant shall comply with the standards set forth in the UBC (most recent edition) for structures on-site to assure safety of the occupants to the satisfaction of the Department of Building and Safety prior to issuance of a building permit. These standards include compliance with California Division of Mines and Geology Special Publication 117 (Guidelines for Evaluating and Mitigating Seismic Hazards in California, adopted March 13, 1997) and"Recommended Procedures for implementation of CDMG Special Publication 117 - Guidelines for Analyzing and Mitigating Liquefaction in California" (Dr. Geoffrey R. Martin et al, May 1999). (MM-GEO 8) r. The proposed project shall incorporate adequate measures to stabilize structures from on-site soils known to be prone to liquefaction. Typical methods include, but are not limited to: (MM-GEO 9) 1) Overexcavation and recompaction of soils; 2) in-situ soil densification(such as vibro-flotation or vibro-replacement); 3) injection grouting; and 4) deep soil mixing. s. The site specific geotechnical investigation for the proposed project shall analyze the potential for lateral spread on-site. If deemed a possibility, adequate subsurface stabilization practices (similar to those utilized for liquefaction) shall be incorporated prior to the construction of on-site structures. (MM-GEO 10) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.22 t. All applicable school mitigation fees shall be paid pursuant to State law. (MM-PSU 1) u. The Applicant will be required to pay five percent of the OCSD connection fee to the City of Huntington Beach. (MM-PSU 3) v. The Applicant will be required to pay appropriate fees for water service connections, installation, and meters. In addition,the City requires payment of a service fee for industrial customers. (MM- PSU 4) w. The Applicant will coordinate with the City's recycling representative to ensure that the proposed project is in compliance with the City's waste reduction and recycling program. (MM-PSU 5) 7. The structures cannot be occupied, the final building permits cannot be approved, utilities cannot be released,the use cannot commence, and the Certificate of Occupancy cannot be issued until the following has been completed: a. Automatic sprinkler systems shall be installed throughout. (FD) b. Backflow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services. c. A fire alarm system will be installed to comply with Huntington Beach Fire Department Code. (FD) d. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. f. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. g. Secured entries shall utilize strobe-switch activated, automated gates and comply with City Specification#403-Fire Access for Pedestrian or Vehicular Security Gates. (FD) h. Secondary emergency access gates must be secured with KNOX and association(if any) hardware. (FD) i. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification#424-Portable Fire Extinguishers. (FD) j. Address numbers shall be installed to comply with City Specification 4428-Premise Identification. Number sets may be required on front and rear of the structure. (FD) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.23 k. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification#415-Fire Lane Signs. Additionally,the site plan shall show all fire lanes. If prior to approved signage fire lane violations occur and the services of the Fire Department are required, the applicant may be liable for related expenses. (FD) 1. Complete all improvements as shown on the grading and improvement plans. (PW) (MC 17.05) in. All landscape irrigation and planting installation shall be certified to be in conformance with the City-approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) (ZSO 232.04D) n. Applicant shall provide the City with CD media TIFF images (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy"prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) o. The applicant shall demonstrate that all measures required by these conditions to protect the adjacent wetlands have been implemented. 8. During demolition, grading, site development,and/or construction,the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) (WE-1) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) (MC 17.05) c. Wet down the areas that are to be graded or that are being graded, at minimum in the late morning and after work is completed for the day. (PW) (WE-1/MC 17.05) d. The construction disturbance area shall be kept as small as possible and maintained in such a manner that there will be the least possible impact to the adjacent wetland. (PW) (EC 1) e. All haul trucks shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Six foot high dust/wind barriers shall be installed along the perimeter of the site. (PW) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.24 i. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Comply with the "Water Quality Management Plan"requirements. (PW) k. Construction equipment shall be maintained in peak operating condition to reduce emissions. 1. Use low sulfur(0.5%) diesel fuel by weight in all diesel equipment. m. Shut off engines when not in use. n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. o. Discontinue operation during second stage smog alerts. p. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. q. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries, associated with construction, grading, remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 6:00 PM. Such activities are prohibited Sundays and Federal holidays. Haul trucks shall comply with condition 8(b). (Code Requirement) r. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) s. To reduce project-related construction noise impacts generated by the proposed project, the following conditions shall be implemented: (MM-CON 13) 1) Construction activities shall be limited to hours specified by the City Noise Ordinance; and 2) Unnecessary idling of internal combustion engines shall be prohibited. t. During construction, a security fence,the height of which shall be determined by the City of Huntington Beach Department of Building and Safety, shall be installed around the perimeter of the site. The construction site shall be kept clear of all trash, weeds, etc. (MM-CON 15) u. Construction activities,to the extent feasible, shall be concentrated away from adjacent residential areas and wetlands. Equipment storage and soil stockpiling shall be at least 100 feet away from adjacent residential property lines and wetlands. (MM-CON 16) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.25 v. Prior to excavation of the contaminated and other areas for rough grading, the project site shall be cleared of all excess vegetation, surface trash,piping, debris and other deleterious materials. These materials shall be removed and disposed of properly(recycled if possible). (MM-CON 17) w. Proper excavation procedures shall be followed to comply with OSHA's Safety and Health Standards. If applicable, the South Coast Air Quality Management District(SCAQMD) Rule 1166 permit shall be obtained prior to the commencement of excavation and remedial activities. (MM- CON 18) x. The contractor shall follow all recommendations contained within the adopted Remedial Action Plan for the project site. (MM-CON 19) y. If asbestos or lead-based paints are identified in any on-site structures,the contractor shall obtain a qualified contractor to survey the project site and assess the potential hazard. The contractor shall contact the SCAQMD and the City of Huntington Beach Departments of Planning and Building and Safety prior to asbestos/lead paint removal. (MM-CON 20) z. If any hazardous materials not previously addressed in the mitigation measures contained herein are identified and/or released to the environment at any point during the site cleanup process, operations in that area shall cease immediately. At the earliest possible time, the contractor shall notify the City of Huntington Beach Fire Department of any such findings. Upon notification of the appropriate agencies, a course of action will be determined subject to the approval of the by the City of Huntington Beach Department of Public Works and Fire Department. (MM-CON 21) aa. All structures must be cleaned of hazardous materials prior to off-site transportation, or hauled off- site as a waste in accordance with applicable regulations. (MM-CON 22) bb. Structure removal operations shall comply with all regulations and standards of the SCAQMD. (MM-CON 23) cc. The contractor shall post signs prior to commencing remediation, alerting the public to the site cleanup operations in progress. The size, wording and placement of these signs shall be reviewed and approved by the City of Huntington Beach Departments of Planning and Public Works. (MM- CON 24) dd. Any unrecorded or unknown wells uncovered during the excavation or grading process shall be immediately reported to and coordinated with the City of Huntington Beach Fire Department and State Division of Oil, Gas, and Geothermal Resources (DOGGR), and shall meet City Specification 422—Oil Well Abandonment Permit Process. (MM-CON 25) ee. During remediation, if any soil is found to be hazardous due to contamination other than petroleum hydrocarbons, it will be segregated, stockpiled, and handled separately. (MM-CON 26) ff. Dust and volatile organic emissions from excavation activities shall be controlled through water spray or by employing other approved vapor suppressants including hydromulch spray in (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.26 accordance with Regional Water Quality Control Board(RWQCB) Waste Discharge Requirements and the South Coast Air Quality Management District(SCAQMD)permit conditions. (MM-CON 27) gg. Prior to initiating the removal of structures and contaminated materials, the contractor must provide evidence that the removal of materials will be subject to a traffic control plan, for review and approval by the by the City of Huntington Beach Department of Public Works. The intent of this measure is to minimize the time period and disruption of heavy duty trucks. For all work done in the City of Costa Mesa, the project applicant shall receive approval from the Costa Mesa Public Services Department. (MM-CON 32) hh. Construction related activities will be subject to, and comply with, standard street use requirements imposed by the City of Huntington Beach, County and other public agencies, including the use of flagmen to assist with haul truck ingress and egress of construction areas and limiting the large size vehicles to off-peak commute traffic periods. For all work done in the City of Costa Mesa, the project applicant shall receive approval from the Costa Mesa Public Services Department. (MM-CON 33) ii. During periods of heavy equipment access or truck hauling, the Contractor will provide construction traffic signage and a construction traffic flagman to control construction and general project traffic at points of ingress and egress and along roadways that require a lane closure. (MM- CON 35) J. If grading operations uncover paleontological/archeological resources, the applicant shall suspend all development activity to avoid destruction of resources until a determination can be made as to the significance of the paleontological/archeological resources. The archeologist/paleontologist pre-approved by the City shall report such findings to the Planning Department and the pre- approved Native American representative, if applicable. If the paleontological/archeological resources are found to be significant,the City shall determine appropriate actions, in cooperation with the applicant and in consultation with the Native American representative, if applicable, for exploration and salvage. kk. Excavation for the proposed project shall implement dewatering activities in compliance with NPDES regulations. Pumped groundwater shall be sampled,tested, and(if deemed necessary) treated prior to discharge. (MM-GEO 3) 9. Prior to the excavation process for pipeline construction, the contractor shall coordinate with the County of Orange's Integrated Waste Management Department in order to ensure that proposed pipeline construction does not impact drainage of the former Cannery Street Landfill. (MM-CON 28) 10. Methane migration features will be consistent with the requirements of the City of Huntington Beach Specification Number 429 and other applicable state and federal regulations. The methane migration features shall be submitted for review and approval to the Orange County Health Care Agency (OCHCA), Environmental Health Division and the City of Huntington Beach Fire Department. (MM- CON 29) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.27 11. Studies to evaluate the potential for landfill gas (LFG) generation and migration will be completed prior to issuance of grading permits. Appropriate mitigation measures will be coordinated with the South Coast Air Quality Management District, Solid Waste Local Enforcement Agency, Regional Water Quality Control Board, and the City of Huntington Beach Fire Department. Mitigation measures could entail active or passive extraction of LFG to control surface and off-site migration and passive barriers with vent layers and alarm systems below trenches and within 1,000 feet of the former Cannery Street Landfill boundary. A comprehensive monitoring network will be established along the pipeline alignment adjacent to the landfill. Approved periodic monitoring of the monitoring network will be performed. (MM-CON 30) 12. A Traffic Management Plan(TMP) shall be prepared and implemented to the satisfaction of the affected jurisdiction within which the facilities are to be constructed when the facilities are to be located where construction would affect roadways. The TMP shall include, but not be limited to,the following measures: (MM-CON 31) a. Limit construction to one side of the road or out of the roadbed where possible; b. Provision of continued access to commercial and residential properties adjacent to construction sites; c. Provide alternate bicycle routes and pedestrian paths where existing paths/routes are disrupted by construction activities, if any, and prior to initiating construction,the public shall be notified as to which bicycle routes will be disrupted and when construction will commence; d. Submit a truck routing plan, for approval by the City of Huntington Beach, County, and other responsible public agencies in order to minimize impacts from truck traffic during material delivery and disposal; e. Prior to any partial or full closure on a street within the city of Costa Mesa's limits, a detour plan shall be submitted to the city for approval by the City Transportation Services Manager. Where construction is proposed for two-lane roadways, confine construction to one-half of the pavement width. Establish one lane of traffic on the other half of the roadway using appropriate construction signage and flagmen; f. The TMP shall be approved by affected agencies at least two weeks prior to construction. The applicant shall submit the TMP to Caltrans and the City of Costa Mesa at the 90-percent design phase; g. Construction activities shall be coordinated with other construction activity taking place in the affected area(s); and h. Provide for temporary parking, where necessary, during installation of pipelines within the AES site. 13. The Contractor shall obtain the necessary right-of-way encroachment permits and satisfy all permit requirements. Nighttime construction may be performed in congested areas. Also, any nighttime construction activities shall have prior approval by the City of Huntington Beach Department of Public Works. Any nighttime construction activities in the City of Costa Mesa shall receive approval from the Public Services Director. (MM-CON 34) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.28 14. Prior to the commencement of any directional boring for water conveyance pipeline implementation, the applicant shall prepare a Frac-Out Contingency Plan. The plan shall establish criteria under which a bore would be shut down(e.g., loss of pressure, loss of a certain amount of returns) and the number of times a single bore should be allowed to frac-out before the bore is shut down and reevaluated. It will also clearly state what measures will be taken to seal previous frac-outs that have occurred on a given bore to ensure that it does not become the path of least resistance for subsequent frac-outs. Additionally, the site-specific Frac-Out Contingency Plan will be prepared and reviewed by the City Engineer and appropriate resource agencies prior to each major bore. (MM-CON 41) 15. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 16. The applicant and applicant's representatives shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 17. The applicant shall completely remove the storage tanks from the site within 12 months from the date of approval of City building permits and agreements. 18. The applicant/property owner and each successor in interest to the property which is the subject of this project shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees,to attack, set aside, void or annul any approval of the City, City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 shall not become effective until the ten calendar day appeal period has elapsed and until the ten working day appeal period has elapsed for Coastal Development Permit. Because the project is in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.29 3. The City Council reserves the right to revoke Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05,pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday— Saturday 7:00 AM to 6:00 PM. Construction shall be prohibited Sundays and Federal holidays. Haul trucks shall comply with condition 8(b). 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the City Council's action. 8. A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Building Permits. 9. Park Land In-Lieu Fees shall be paid at issuance of building permits. 10. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the City Council. 11. The development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 12. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying any building. 13. The Water Ordinance 914.52, the"Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping and larger. (PW) 14. All existing and new utilities shall be undergrounded. (PW) 15. Traffic impact fees for non-residential developments shall be paid at a rate of$140 per net new added daily trip at the time of final inspection or issuance of a Certificate of Occupancy. This rate is subject to an annual adjustment. (PW) (MM-PSU 2) (MC 17.65) 16. An Encroachment Permit is required for all work within the City's right-of-way. (PW) (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.30 17. The applicant is hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code g g 66020. 18. The applicant or its successor shall comply with all directives requirements, or rs r pp p yorders, o other regulatory requirements of federal, state, and local regulatory agencies having jurisdiction over the adjacent wetlands, whether in the existing degraded conditions or as a restored wetland relative to the desalination plant. 19. The applicant shall produce potable water of quality that is in compliance with all applicable regulatory requirements. In addition,the applicant shall supply Irvine Ranch Water District(IRWD) and any other water agency with water of quality that does not cause the agency to violate the pertinent limits of the agency's reuse permit, applicable to the desalinated water quality at the time the proposed project is ready to begin the supply of desalinated water to water agencies. The applicant shall reach an agreement with the Municipal Water District of Orange County(MWDOC) and its affected member agencies regarding the specific requirements of the quality of the desalinated water prior to beginning construction of the desalination plant. If agreement between the two parties is not reached by then, MWDOC has the right to reject the use of desalinated water. (January 9,2006 CUP 02-04/CDP 02-05) Attachment No. 1.31 ATTACHMENT 2 SEAWATER DESALINATION PROJECT SCH# 2001051092 STATEMENT OF FINDINGS OF FACTS AND STATEMENT OF OVERRIDING CONSIDERATIONS 1.0 INTRODUCTION The California Environmental Quality Act ("CEQA") in Public Resources Code Section 21081 provides that: "[N]o public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." The City of Huntington Beach certified the Seawater Desalination Project at Huntington Beach Recirculated Environmental Impact Report ("REIR") by adopting Resolution No. 2005-62, dated September 6, 2005. Because the decision to approve the project's Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 was continued until January 9, 2006, the City Council received new staff reports, additional testimony and late communications pertaining to the project, including new staff reports, additional testimony and late communications pertaining to the project benefits. In connection with City Council approval of Conditional Use Permit No 02-04 and Coastal Development Permit No. 02-05, the City approves this Statement of Findings of Facts and Statement of Overriding Considerations supplementing Resolution 2005-62. None of the supplemental facts and findings change the conclusions made by the City in connection with the adoption of Resolution 2005-62. The City approves the following project components: construction and operation of a seawater desalination facility, which includes an administration building, a reverse osmosis facility City of Huntington Beach January 9, 2006 Page 1 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 building, a pretreatment filter structure, a chemical storage/solids handling building, a bulk chemical storage building, product water and influent pump stations (situated underground) and surge tank, a rinse tank, a lime silos, a wash water tank, carbon dioxide tanks, an ammonia tank, an electrical substation building, an aboveground product water tank, appurtenant facilities, and pipelines and pump stations to deliver drinking water into the regional water distribution system. Also part of the project includes the demolition of three fuel storage tanks and interior berms, a conditional use permit ("CUP") and a Coastal Development Permit ("CDP"). Due to the potential impacts to the environment and because the proposed action constitutes a project under CEQA and the State CEQA Guidelines, the City of Huntington Beach has prepared a Final Recirculated EIR (FREIR)(State Clearinghouse No. 2001051092). The FREIR identified certain potentially significant effects that may occur as a result of implementation of the project, unless mitigation measures, project design features and/or standard conditions are adopted for the project. The mitigation measures, project design features, and standard conditions identified in the FREIR are proposed to be adopted for the project. The DREIR was circulated for public review and comment for over a 45-day period (April 5, 2005 to May 27, 2005) as specified in the State CEQA Guidelines. Public comments were received by the City and have been responded to by the City in accordance with CEQA requirements. The City of Huntington Beach determines that the FREIR, comprised of the DREIR, a list of persons, organizations and public agencies commenting on the DREIR, comments received from the public and interested agencies, the Responses to Comments prepared by the City (including Errata to the DREIR), and all attachments and documents incorporated by reference is complete and adequate, and has been prepared in accordance with CEQA and the State CEQA Guidelines. The FREIR identified certain significant effects on the environment that may occur if the project is approved or carried out. Therefore, in accordance with CEQA, the City of Huntington Beach adopts this Statement of Findings of Facts and makes one or more of the three Section 21081 findings for each significant impact identified. For all but one of the significant effects identified in the FREIR, changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. In addition, for certain significant effects that may occur, the FREIR has identified changes or alterations that are within the responsibility and jurisdiction of other public agencies. Those changes or alterations have been, or can and should be, adopted by those other agencies. The FREIR also identified one unavoidable significant effect on the environment that may occur as a result of the project, even with the implementation of mitigation (see Section 5.0 of this Statement of Findings of Facts). Where the decision of a public agency allows the occurrence of a significant effect, which is identified in the FREIR but is not avoided, the agency must state in writing the specific reasons to support its action based on the FREIR and other information in the record. Such a statement is called a Statement of Overriding Considerations. In accordance with CEQA, therefore, the City of Huntington Beach adopts the Statement of Overriding Considerations included as Section 7.0 of this Statement of Findings of Facts. This Statement of Findings of Facts, including the Statement of Overriding Considerations, is adopted by the City of Huntington Beach as part of its action to certify the FREIR and approve the Seawater Desalination Project at Huntington Beach. City of Huntington Beach January 9, 2006 Page 2 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 2.0 DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL The proposed project involves the construction and operation of a seawater desalination facility producing approximately 50 million gallons per day (mgd) of potable water. The facility would take source water for the desalination facility from the existing condenser cooling seawater discharge pipe system of the HBGS, purify it utilizing reverse osmosis (RO) technology, discharge concentrated seawater byproduct water through the existing HBGS outfall, and deliver potable product water to the distribution system. The product drinking water will be delivered to the existing regional water distribution system to meet the needs of Orange County. A more detailed project description is provided in Section 3.0, PROJECT DESCRIPTION of the DREIR. Off-site components necessary to effectuate delivery of the potable product water into the existing regional water distribution system include a water transmission pipeline alignment extending into the City of Costa Mesa and two booster pump stations (one within an unincorporated portion of Orange County and another within the City of Irvine). 3.0 FINDINGS CONCERNING IMPACTS FOUND TO BE LESS THAN SIGNIFICANT In evaluating the potential impacts associated with the project, the FREIR identified potential impacts that would not be significant. This section of the Statement of Findings of Facts identifies those impacts that may occur with project implementation, but were found to be below the threshold of significant. CEQA does not require findings for impacts that are found to be less than significant, and therefore do not require mitigation. Nevertheless, the following information is provided in order to summarize the bases for determinations of non-significance for the potential impacts as presented in the Section 5.0, ENVIRONMENTAL ANALYSIS, in the FREIR. (Note that Section 8.0, EFFECTS FOUND NOT TO BE SIGNIFICANT, provides an examination of potential project impacts that were found not to be significant in the Initial Study. That information is not repeated herein, but is incorporated by reference as if set forth in full in this Statement of Findings of Facts.) In some cases, the impacts addressed in this Statement of Findings of Facts are found not to be significant due to their nature. In other cases, the determinations take into account certain design features of the project. Although impacts determined to be not significant do not themselves require mitigation, in some cases mitigation measures that have been required to address other impacts found to be potentially significant and in need of mitigation will also further reduce the non-significant impacts. In these cases, the mitigation measures are noted, although the impacts would be less than significant even without such measures. Mitigation measures are referenced in this Statement of Findings of Facts using the same numbering system employed in the Mitigation Monitoring Program and the FREIR. Refer to Attachment B, MITIGATION MONITORING PROGRAM for a complete listing of mitigation measures and monitoring requirements. A. IMPACTS RELATED TO LAND USE/RELEVANT PLANNING (DREIR page 5.1-1 to 5.1-11) Section 5.1 of the DREIR addresses the potential impacts related to land use/relevant planning. Both topics (land use and relevant planning) are addressed in this Section of the Statement of Findings of Facts. City of Huntington Beach January9, 2006 Page 3 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Finding for Potential Land Use Impacts The Seawater Desalination Project at Huntington Beach will not create any significant impacts to surrounding land uses. Less than significant impact. In addition, mitigation measures NOI-1, ALG-1, ALG-2, and CON-1 through CON-47, inclusive, further reduce these less than significant impacts. Facts in Support of Finding Based on the analysis resented in Section 5.1 of the DREIR land use impacts are less than Y p � p significant without mitigation. Potential land use impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features identified in the DREIR. Moreover, mitigation measures NOI-1, ALG-1, ALG-2, and CON-1 through CON-45, inclusive, further reduce these less than significant impacts. Finding for Potential Relevant Planning Impacts The Seawater Desalination Project at Huntington Beach will not conflict with applicable relevant planning programs. No impact. Facts in Support of Finding Based on the analysis presented in Section 5.1 of the DREIR, relevant planning impacts are not significant. The project as described in Section 2.0 of this Statement of Findings of Facts will be consistent with the City of Huntington Beach General Plan, Local Coastal Program, Zoning and Subdivision Ordinance, and with the SCAG Regional Comprehensive Plan and Guide. There is no need to change any General Plan or Zoning designations. During the design development stage, the Applicant will be submitting more detailed plans reflecting code and policy compliance with specific issues. The design will be required to comply with all applicable standard development conditions. B. IMPACTS RELATED TO GEOLOGY, SOILS, & SEISMICITY (DREIR pages 5.2-1 to 5.2-13) Section 5.2 of the DREIR addresses the project's potential impacts related to geology, soils and seismicity. The DREIR addresses six topics, two of which (topography and off-site pipelines and underground pump stations) are addressed in this Section. The remaining four topics are addressed in Section 4.0-B of this Statement of Findings of Facts. Finding for Topography The Seawater Desalination Project at Huntington Beach will have no significant impact on the natural topography of the project area. Less than significant impact. Facts in Support of Finding Based on the analysis presented in Section 5.2 of the DREIR, topography impacts are less than significant without mitigation. No significant landform impacts will result because the project area is relatively flat. The proposed desalination facility site consists of three fuel storage tanks on a flat surface, surrounded by containment berms of 10 to 15 feet in height. The western and southern berms would be removed prior to construction of the desalination facility, while the City of Huntington Beach January 9, 2006 Page 4 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 eastern and northern berms (the northern berm exists outside of the project boundaries)will not be removed. The site does not contain any unique physical or topographical features. Finding for Off-Site Pipelines and Underground Pump Stations The Seawater Desalination Project at Huntington Beach off-site pipelines and underground pump stations will not result in significant impacts related to geology, soils and seismicity. Less than significant impact. In addition, applicable mitigation measures contained within Section 5.9 of the DREIR, inclusive, further reduce these less than significant impacts. Facts in Support of Finding Based on the analysis presented in Section 5.2 of the DREIR, impacts related to geology, soils and seismicity for the project's off-site pipelines and pump stations are less than significant. No significant impacts will result because the majority of the pipeline alignment will occur within existing street right-of-way and various utility lines currently exist along the alignment. The pump station locations are also located in close proximity to existing pipelines. Standard conditions similar to those to be implemented for the on-site desalination facilities will apply to minimize impacts and design level geotechnical investigations will be performed. Moreover, applicable mitigation measures contained within Section 5.9 of the DREIR, inclusive, further reduce these less than significant impacts. C. IMPACTS RELATED TO HYDROLOGY, DRAINAGE AND STORM WATER RUNOFF (DREIR pages 5.3-1 to 5.3-8) Section 5.3 of the DREIR addresses the project's potential long-term impacts related to hydrology and water quality. The DREIR addresses four topics, two of which are addressed in this Section. The remaining topics are addressed in Section 4.0-C of this Statement of Findings of Facts. The topics where the impacts were found to be less than significant are: • Fertilizer and Pesticides • Water Quality Impacts to Nearby Coastal Wetlands from On-site Spillage Finding for Fertilizer and Pesticides The use of fertilizers and pesticides on landscaping at the Seawater Desalination Project at Huntington Beach will not have a significant impact on water quality. No significant impact is found. In addition, mitigation measure HWQ-1 further reduces this less than significant impact. Facts in Support of Finding The project will incorporate both native and non-native landscaping on site, as explained in Section 5.3 of the DREIR. Non-native vegetation may require periodic fertilization and pest control. The use of fertilizers and pesticides would comply with the City of Huntington Beach standards as well as the guidelines set forth in the Orange County Management Guidelines. The landscaping will be maintained in accordance with City of Huntington Beach standards. Based on the size of the landscaped areas, small amounts of fertilizers and pesticides will be needed. Use of these chemicals on project landscaping will not result in a significant impact to groundwater, adjacent Ocean waters, or surrounding uses. Moreover, mitigation measure HWQ-1 further reduces this less than significant impact. City of Huntington Beach January 9, 2006 Page 5 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Finding for Potential Water Quality Impacts to Nearby Coastal Wetlands from On-Site Spillage Potential on-site spillage from the Seawater Desalination Project at Huntington Beach will have no significant impact on nearby coastal wetlands. Less than significant impact. Facts in Support of Finding As explained in Section 5.3 of the DREIR, the project design incorporates appropriate leak/spill containment features that minimize the likelihood for hazardous materials being stored, used or transported on-site from impacting adjacent uses. Moreover, nearby coastal wetlands, including the privately owned open space/wetlands area that abuts the edge of the southwest corner of the desalination facility site, are physically separated from the desalination facility by existing berms (that will remain in place). D. IMPACTS RELATED TO AIR QUALITY (DREIR pages 5.4-1 to 5.4-17) Section 5.4 of the DREIR addresses the potential impacts related to air quality. Four topics (long-term mobile source emissions and electricity consumption, chemical storage facilities, off- site pipelines and underground pump stations, and consistency with regional plans) are addressed in this Section of the Statement of Findings of Facts. Finding for Mobile Source Emissions and Electricity Consumption The Seawater Desalination Project at Huntington Beach will not result in significant impacts in regards to mobile or off-site energy related air emissions. Less than significant impact. Facts in Support of Finding The analysis in Section 5.4 of the DREIR shows that the desalination facility would generate nominal amounts of on-site area source and off-site mobile source emissions. In addition, off- site energy emissions associated with the proposed facility's electricity consumption have been previously accounted for within local and regional planning documents as well as environmental documentation prepared for SCAQMD's Regional Clean Air Incentives Market (RECLAIM) and New Source Review programs. Impacts in this regard are not anticipated to be significant. Finding for Chemical Storage Facilities The proposed project would not result in significant air quality impacts in regards to chemical storage facilities. Less than significant impact. Facts in Support of Finding As explained in Section 5.4 of the DREIR, the proposed desalination plant would use fewer chemicals of lower dosages than existing conventional water treatment plants in Southern California. In addition, based on the types of chemicals stored on site and their containment methods, odors are unlikely to emanate from the project site. Chemical storage and the use of chemicals during the desalination process are not anticipated to have significant impacts to air quality in the region. City of Huntington Beach January 9, 2006 Page 6 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Finding for Off-Site Pipelines and underground Pump Stations The Seawater Desalination Project at Huntington Beach will not significantly impact air quality. The impacts associated with the operation of diesel-power generators are anticipated to be less than significant. Facts in Support of Finding It would be necessary to apply for a Special Application for Temporary Emergency Authorization To Operate Electric Backup Generator(s) During Involuntary Power Service Interruptions Permit.' The project would obtain all required air quality permits. Therefore, impacts associated with the operation of diesel- powered generators are anticipated to be less than significant, as explained in Section 5.4 of the DREIR. In addition, water transmission lines would not result in criteria pollutant emissions and therefore would not have any significant impacts to air quality. Finding for Consistency with Regional Plans The Seawater Desalination Project at Huntington Beach will not conflict with local and regional air quality planning documents. Less than significant impact. Facts in Support of Finding As explained in Section 5.1 of the DREIR, the proposed project does not involve a General Plan amendment, zone change, or other change in land use, and is consistent with the County of Orange and City of Huntington Beach land use assumptions. The regional Air Quality Management Plan (AQMP) is based on the City and County's General Plan assumptions, and the project is consistent with these assumptions. Consequently, as explained in Section 5.4 of the DREIR, the project would be considered consistent with the AQMP. In addition, according to SCAG, the project is consistent with the Regional Comprehensive Plan and Guide (RCPG). Impacts in this regard are not anticipated to be significant.DR E. IMPACTS RELATED TO NOISE (DREIR pages 5.5-1 to 5.5-13) Section 5.5 of the DREIR addresses the project's potential impacts related to noise. The DREIR addresses two topics (mobile noise sources and stationary noise sources). Mobile noise sources and stationary noise sources for the off-site pipelines and booster pump stations are addressed in this Section. Stationary noise sources for the desalination facility site are addressed in Section 4.0-E of this Statement of Findings of Facts. Finding for Mobile Noise Sources The Seawater Desalination Project at Huntington Beach will not generate a significant amount of noise resulting from mobile noise sources. Less than significant impact. Facts in Support of Finding As explained in Section 5.5 of the DREIR, the project would generate a nominal amount of noise resulting from mobile sources as a result of employee trips and truck-generated traffic. The proposed desalination facility would employ a total of approximately 18 people, with an ' South Coast Air Quality Management District, hftp://www.aamd.gov/permit/em back up pen.html, November 29, 2004. Cityof Huntington Beach January 9 2006 9 rY , Page 7 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 average of five to seven people on-site per shift on weekdays. In addition, facility operation would require a maximum of four truck trips per day for solid waste disposal and chemical delivery. Noise generated by mobile sources as a result of the proposed desalination facility is so nominal that impacts in this regard will be less than significant. Finding for Noise from Long-Term Operations of Off-Site Pipelines and Underground Booster Pump Stations The proposed desalination project would not generate a significant amount of noise resulting from long-term operations off-site pipelines and underground booster pump stations. Facts in Support of Finding As explained in Section 5.5 of the DREIR, the proposed product water pipelines would occur entirely underground. Upon completion of construction, these pipelines would not generate noise. In addition, as the OC-44 booster pump station would be placed underground, the off- site underground booster pump station is not anticipated to adversely affect the NCCP/HCP area along the eastern border of the City of Newport Beach. Similarly, the coastal junction booster pump station would both be located underground and contain an adequate amount of acoustical shielding. Impacts in this regard are not anticipated to be significant. F. IMPACTS RELATED TO PUBLIC SERVICES AND UTILITIES (DREIR pages 5.6-1 to 5.6-14) Section 5.6 of the DREIR addresses the project's potential impacts related to public services and utilities. The DREIR addresses fourteen topics, eight of which are addressed in this Section. The remaining topics are addressed in Section 4.0-F of this Statement of Findings of Facts. The topics where the impacts were found to be less than significant are: • Fire Service • Police Service • Libraries • Parks and Recreation • Reclaimed Water • Electricity • Gas • Telephone and Cable Finding for Fire Service The Seawater Desalination Project at Huntington Beach will not have a significant impact on the demand for fire service within the City of Huntington Beach. Less than significant impact. Facts in Support of Finding It is not anticipated that project implementation would result in the need for additional Fire Department facilities. The project is not of the scope or nature to create a significant increase in demand for services requiring physical additions to the City of Huntington Beach Fire Department. As explained in Section 5.6 of the DREIR, impacts are less than significant. City of Huntington Beach January 9, 2006 Page 8 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Finding for Police Service The Seawater Desalination Project at Huntington Beach will not have a significant impact on the demand for police service within the City of Huntington Beach. Less than significant impact. Facts in Support of Finding Implementation of the project will not create a significant increase in service calls to the project area nor is it expected to result in the need for additional police facilities within the City of Huntington Beach. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Libraries The Seawater Desalination Project at Huntington Beach will not have a significant impact on the City of Huntington Beach library system. Less than significant impact. Facts in Support of Finding The proposed desalination project is not anticipated to have significant impacts on the City of Huntington Beach library system. Although the nearest library facility to the project site (the Banning Branch Library) is small in size, the project is anticipated to have a negligible impact on the branch. The applicant will be required to pay standard library enrichment fees concurrent with building permit issuance. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Parks and Recreation The Seawater Desalination Project at Huntington Beach will not have a significant impact on the demand for parks and recreational facilities within the City of Huntington Beach. Less than significant impact. Facts in Support of Finding The desalination plant will employ approximately 18 people, with five to seven people on duty during regular working hours Monday through Friday, and a minimum of two people on duty during swing shifts, graveyard shifts, and weekends. Consequently, the project is anticipated to have a negligible impact on parks and recreation facilities within the City of Huntington Beach. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Reclaimed Water The Seawater Desalination Project at Huntington Beach will not have a significant impact on the availability of the City's reclaimed water facilities. Less than significant impact. Facts in Support of Finding The proposed project will not require the use of reclaimed water or installation of reclaimed water facilities, as the project itself will be a new water reclamation source. As explained in Section 5.6 of the DREIR, impacts are less than significant. City of Huntington Beach January 9, 2006 Page 9 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Finding for Electricity The Seawater Desalination Project at Huntington Beach will not have a significant impact on the electrical facilities providing service to the project vicinity. Less than significant impact. Facts in Support of Finding The project would consume approximately 720 to 840 megawatt hours per day. The electricity consumption of the desalination facility would result in an increase in electrical demand within Orange County of approximately 0.8 percent, while that percentage would drop to 0.1 for the Southern California region. The facility would utilize off-peak power to the maximum extent practicable. To assist the power system in times of high demand, the desalination facility would conduct load management/shifting to reduce demands during high peak energy periods. The modular characteristics of the reverse osmosis system allow for cycling water production without shutting down all water production. During high peak energy periods, the treatment process may be turned down and water will be delivered to the system from the on-site storage tank. During off peak energy and higher water production periods the treatment process will produce water to deliver to the system and replenish the storage tank resulting in an average of 50 MGD. This shift of a portion of the desalination facility water treatment production from the peak to off-peak period of municipal power demand would help in reducing the overall maximum load on the power grid and thereby be more energy efficient. In addition, the facility would include energy recovery devices (allowing the reuse of at least 30 percent of what is consumed) and would benefit from the heated water coming from the HBGS condensers. Moreover, electric power generating plants are distributed throughout the state, and the project's electrical demand would be met by dozens of power plants connected to a regional power supply source, with many of those plants located outside of Southern California. SCE is prepared to install electrical distribution facilities to the project site. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Gas The Seawater Desalination Project at Huntington Beach will not have a significant impact on local natural gas facilities. Less than significant impact. Facts in Support of Finding The Southern California Gas Company can provide gas service to the proposed project via numerous gas mains surrounding the subject site. Project implementation would not result in any construction related impacts to the service area. As explained in Section 5.6 of the DREIR, impacts are less than significant. Finding for Telephone and Cable The Seawater Desalination Project at Huntington Beach will not have a significant impact on telephone or cable service facilities within the vicinity of the project area. Less than significant impact. City of Huntington Beach January 9, 2006 Page 10 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Facts in Support of Finding Both Verizon (telephone) and Time Warner (cable) will be available to provide service to the subject site from existing facilities surrounding the subject site. As explained in Section 5.6 of the DREIR, impacts are less than significant. G. IMPACTS RELATED TO AESTHETICS/ LIGHT AND GLARE (DREIR pages 5.7-1 to 5.7-7) Section 5.7 of the DREIR addresses the project's potential impacts related to aesthetics/light and glare. The DREIR addresses three topics, one of which (off-site light and glare) is addressed in this Section. The remaining two topics are addressed in Section 4.0-G of this Statement of Findings of Facts. Finding for Off-Site Light and Glare The Seawater Desalination Project at Huntington Beach will not have a significant off-site light and glare impact. Less than significant impact. Facts in Support of Finding As explained in Section 5.7 of the DREIR, off-site light and glare impacts are less than significant. Project implementation may result in an insignificant increase in the amount of light and glare off-site from vehicles utilizing the facility. However, additional lighting or glare- inducing surfaces will not occur as a result of the water transmission pipeline or underground pump stations because those facilities will be underground. Impacts in this regard are less than significant. H. IMPACTS RELATED TO HAZARDS AND HAZARDOUS MATERIALS (DREIR pages 5.8-1 to 5.8-10) Section 5.8 of the DREIR addresses the potential impacts related to hazards and hazardous materials. Finding for Hazards and Hazardous Materials The Seawater Desalination Project at Huntington Beach will not result in significant impacts in regards to on-site hazards or hazardous materials. Less than significant impact. Facts in Support of Finding While potential future uses may require the storage, use, transportation, and/or handling of hazardous materials, as explained in Section 5.8 of the DREIR, any such hazards would be minimized by adherence to Federal, State, and City regulations. These requirements include monitoring devices, spill control, emergency response plans, appropriate on-site safety equipment, and the proper design of all facilities. With the implementation of standard conditions and required design features, impacts in this regard will be less than significant. City of Huntington Beach January 9, 2006 Page 11 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Finding for Off-Site Pipeline Alignments and Underground Booster Pump Stations The proposed desalination project would not result in long-term operational impacts in regards to off-site pipeline alignments and underground booster pump stations. Less than significant impact. Facts in Support of Finding As explained in Section 5.8 of the DREIR, the proposed off-site pipeline alignments would occur adjacent to a variety of land uses. Hazardous materials impacts due to long-term operation of the pipelines are not anticipated to occur, as the only liquid proposed for conveyance is potable water. The OC-44 pump station and coastal junction pump station would both require a diesel storage tank that would be placed underground and adequate safety measures would be implemented. Impacts in regards to the off-site use, storage, and transport of hazardous materials are not anticipated to be significant. I. IMPACTS RELATED TO CONSTRUCTION (DREIR pages 5.9-1 to 5.9-36) Section 5.9 of the DREIR addresses the project's potential impacts related to construction. All of which are addressed in Section 4.0-1 and Section 5.0 of this Statement of Findings of Facts. J. IMPACTS RELATED TO OCEAN WATER QUALITY AND MARINE BIOLOGICAL RESOURCES (DREIR pages 5.10-1 to 5.10-41) Section 5.10 of the DREIR addresses the project's potential impacts related to ocean water quality and marine biological resources. Red Tides and Algal Toxins is addressed below, in Section 4.0-K, Impacts Related to Product Water Quality. The topics where the impacts were found to be less than significant are: • Potential Sources of Contamination in Proximity to the HBGS Intake • Elevated Bacteria Levels in the Huntington Beach Surf Zone • Concentrated Seawater Discharge • Reverse Osmosis Membrane Cleaning Solution • Impingement and Entrainment Finding for Potential Sources of Contamination in Proximity to the HBGS Intake The Seawater Desalination Project at Huntington Beach will not be significantly impacted by Orange County Sanitation District (OCSD) wastewater discharge, urban storm water runoff, dry weather runoff, the recirculation of HBGS discharge, the Los Angeles and San Gabriel Rivers, cruise ships and fishing boats, recreation, oil and gas production facilities, the operation of HBGS, or elevated bacteria levels in the Huntington Beach sun` zone. Less than significant impact on the HBGS seawater intake. Facts in Support of Finding Oceanographers from the Scripps Institution of Oceanography conducted modeling studies using a computer model that simulates ocean conditions near the HBGS intake and outfall (refer to Appendix C, HYDRODYNAMIC MODELING REPORT of the DREIR). The modelers from Scripps used their many years of experience working along the Southern California coast to determine the worst case conditions that would be modeled. The worst case conditions were chosen to determine if any adverse water quality or environmental impacts occurred under City of Huntington Beach January 9, 2006 Page 12 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 extreme ocean and weather conditions that were most likely to show an effect. The analysis in Section 5.10 of the DREIR shows that there will be a less than significant impact on the HBGS intake from potential contamination sources. Impact from OCSD Wastewater Discharge: The worst-case model results show that the OCSD discharge is diluted 30 million to one at the HBGS intake. Any contaminants discharged at the OCSD outfall would be diluted far below background levels at the intake to the HBGS. Therefore, the OCSD discharge does not have a significant source of contamination at the HBGS intake. As far as other constituents of concern for the OCSD discharge, the desalination facility discharge water quality would be well within the limits established in the Ocean Plan. Impacts in this regard will be less than significant. Impact from Urban Storm Water Runoff. During a 24-hour extreme runoff period only 0.0003 percent of the water at the HBGS intake would come from the Santa Ana River and Talbert Marsh and the remaining 99.9997 percent would be seawater. These results show that contaminants are not transported to the HBGS intake from the Santa Ana River and Talbert Marsh during extreme storm conditions. More detailed modeling results are presented in Appendix C of the DREIR, HYDRODYNAMIC MODELING REPORT. Impacts will be less than significant in this regard. Impact from Dry Weather Runoff.- Tidal flushing of the Talbert Marsh would have the greatest potential to impact water quality at the HBGS intake during high spring tides combined with summer El Nino conditions when currents are flowing northwest from the marsh towards the intake. Under these worst-case conditions, the marsh water is diluted 20,000 to one and essentially does not reach the intake. This is due to the fact that the marsh water is released into the surf zone and the onshore waves keep the marsh water in the shallow nearshore waters, whereas the HBGS intake is located 1,840 feet offshore at a depth of approximately 33 feet. Impacts will be less than significant. Impact from the Recirculation of HBGS Discharge: The HBGS outfall is located approximately 1,500 feet offshore and 340 feet from the HBGS intake. The potential for recirculation of the discharge into the intake was examined. The discharge consists primarily of cooling water, but a small amount of power plant process wastewater and storm water can be mixed with the cooling water. The concentrated seawater from the proposed desalination facility will also be mixed with the power plant cooling water. Recirculation of the HBGS discharge would have the greatest potential to impact water quality 9 9 p p q Y at the intake during El Nino storm conditions when the maximum amount of storm water is being discharged through the outfall. The hydrodynamic model for recirculation of the HBGS discharge was run using the El Nino conditions of February 1998 and the maximum allowable discharge of 1.66 MGD of generating station process wastewater and storm water. In addition, the proposed desalination facility was assumed to be running at full capacity so that 50 MGD of concentrated seawater discharge was mixed with the cooling water discharge. Furthermore, recirculation potential was examined under two generating scenarios: 1) one generating unit on- line with a total discharge of 78.4 MGD of cooling water, storm water, and wastewater, and the concentrated seawater discharge and 2) four generating units on-line producing a total discharge of 458.6 MGD of cooling water, storm water, and wastewater, and the concentrated seawater discharge. The model results under worst case conditions for a 7-day extreme runoff period show that only 0.3 percent of the HBGS discharge would be recirculated to the intake. The results for four generating units show a greater dilution with only 0.1 percent of the HBGS discharge recirculated to the intake. Based on these results, the recirculation of the HBGS City of Huntington Beach January 9, 2006 Page 13 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 discharge during storm events has been shown to not affect the source water quality at the HBGS intake. Impacts are less than significant in this regard. Impacts from the Los Angeles and San Gabriel Rivers: The Los Angeles River discharges to the ocean approximately 16 miles upcoast (i.e. northwest) from HBGS, while the San Gabriel River discharges approximately 11 miles upcoast. The amount of dilution that occurs and the fact that the generating station intake is at a depth of approximately 33 feet indicates that contaminants entering the ocean from these two rivers would not likely affect the water quality at the HBGS intake. Impacts in this regard are less than significant. Impacts from Cruise Ships and Shipping Boats: The nearest major port for cruise ships is located approximately 16 miles northwest of the HBGS intake. Ingress/egress routes for cruise ships for Long Beach and Los Angeles Harbors do not come in close proximity to the HBGS. In addition, given the limited nature of sportfishing that occurs in the project site vicinity, impacts are less than significant. Impacts from Recreation: Any contaminants released into the ocean due to recreational use are likely to be small in quantity greatly diluted due to tidal action. It would be difficult for such contaminants to reach the HBGS intake due to its depth of approximately 33 feet below the ocean surface. Impacts in regards to recreational uses are not anticipated to be significant. Impacts from Oil and Gas Production Facilities: There are two offshore oil platforms approximately 1.5 miles west of the HBGS intake and four platforms approximately 10 miles west of the intake. There have not been any reportable spills or leaks from the offshore oil platforms or the pipelines. A catastrophic event at one of the offshore platforms that is near the coast could affect water quality at the HBGS intake. However, given the relatively low probability based on operational history, impacts in this regard are less than significant. Impacts from Operations at HBGS: There are numerous water quality constituents regulated in drinking water supplies. Samples were collected from the HBGS intake vault and from the outlet of the condensers (where the desalination facility intake will be located). Although maximum contaminant levels (MCLs) apply to treated drinking water, raw water concentrations that exceed MCLs provide an indication of potential contaminants of concern. None of the primary MCLs are exceeded in the intake water and the only secondary MCLs that are exceeded are salts (TDS, chloride, sulfate) that would be removed by the reverse osmosis process. Impacts are less than significant in this regard. Cycle water is discharged to the cooling water system at various locations as the cooling water flows through the generating station. The cycle water is under vacuum so the cooling water leaks into the cycle water but the cycle water does not leak into the cooling water. There are several locations where cycle water is discharged into the cooling water system. The contaminants in these discharges will be greatly diluted by the large volume of cooling water compared to the small volume of the discharges. The only chemical of concern in a drinking water source is nitrite. The other chemicals in the discharges are not toxic to humans and drinking water standards have not been established. Because the volume of cooling water represents a maximum of 0.002 percent of the cooling water flowing through one unit at the HBGS, the nitrite concentration of 800 mg/L will be diluted to about 0.02 mg/L in the cooling water that would reach the desalination facility. This level of nitrite is well below the drinking water MCL of one mg/L. Nitrite and the other chemicals present in the cycle water discharges Cityof Huntington Beach January 9 2006 9 rY Page 14 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 will easily be removed by the reverse osmosis membranes. As a result, impacts in this regard are less than significant. Storm runoff from the HBGS site and a limited amount of off-site urban runoff is currently discharged to the cooling water system upstream of the intake to the desalination facility. The applicant would coordinate with HBGS to reroute these discharges during construction of the desalination facility so they would be downstream of the desalination intake and not affect water quality at the desalination intake. The off-site urban runoff is from approximately 70 acres of land near the HBGS. Dry weather runoff collects in a ditch alongside Newland Street and is currently pumped into the HBGS outfall pipeline. The City of Huntington Beach plans to modify the system so that it flows into the HBGS site by gravity when improvements are made to Newland Street as part of the conditions placed upon the project by the City of Huntington Beach. Impacts are less than significant in this regard. Low volume wastes, metal cleaning wastes, and pipeline hydrostatic test water are diverted to the HBGS retention basin and then to the outfall, where the wastewater is mixed with cooling water. Currently this waste is discharged downstream of the intake to the desalination facility and would not be included in the source water for the proposed desalination facility. As a result, impacts in this regard are not anticipated to be significant. A number of petroleum products and other hazardous materials are stored and used at the generating station. Although unlikely due to spill prevention measures and clean-up procedures in place at the HBGS, there is the potential for a spill to reach the floor drain or the storm drainage system and enter the cooling water system. The floor and yard drainage system currently enters the outfall line downstream of the point where the desalination facility will be located and would not be included in the desalination facility's source water. As a result, impacts in this regard are not anticipated to be significant. Periodically water from the discharge vault is diverted back into the facility and reheated. This reheated water is then used to clean the discharge line of biological growths ("bio-film"). This recirculated water contains wastes that have been discharged to the discharge vault prior to the flow being reversed in the facility. The proposed desalination facility would not intake water from the HBGS cooling water system during heat treatments. In this regard, impacts are less than significant. Impacts from Elevated Bacteria Levels in the Huntington Beach Surf Zone: Contaminants are not transported to the HBGS intake from the Santa Ana River and Talbert Marsh during extreme storm event conditions. In addition, dry weather urban runoff at Talbert Marsh during tidal flushing essentially does not reach the HBGS intake. Although the cause of the elevated bacteria levels in the Huntington Beach surf zone has not been determined, the seawater desalination process would have the ability to remove bacteria and produce potable water meeting all State Title 22 standards. Impacts in this regard are less than significant. Finding for Elevated Bacterial Levels in the Huntington Beach Surf Zone The Seawater Desalination Project at Huntington Beach will not contribute to elevated bacterial levels in the Huntington Beach Surf Zone. Less than significant impact. Facts in Support of Finding The modelers from Scripps used their many years of experience working along the Southern California coast to determine the worst case conditions that would be modeled, as explained in City of Huntington Beach January 9, 2006 Page 15 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Section 5.10 of the DREIR. The worst case conditions were chosen to determine if any adverse water quality or environmental impacts occurred under extreme ocean and weather conditions that were most likely to show an effect. The effect of the Santa Ana River and Talbert Marsh storm water on water quality at the HBGS intake was modeled assuming a very large, prolonged storm event and ocean currents flowing from the mouth of the river towards the HBGS facility. Normally, ocean currents flow in the opposite direction, down the coast (southeast) away from the HBGS. Extensive bacterial studies have shown that the Santa Ana River and Talbert Marsh appear to be the primary sources of fecal indicator bacteria to the near shore ocean. In addition, bird droppings and a reservoir of bacteria stored in the sediment and on marine vegetation may continue to be the source of bacteria at the mouths of the river and marsh. Modeling studies and monitoring data indicate that there is likely another unidentified source of bacteria in the vicinity of Stations 6N and 9N. However, three separate studies conducted between 2001 and 2002 have demonstrated that HBGS is not the source of bacteria in the surf zone. Less than significant impact on the Huntington Beach surf zone is expected. Finding for Concentrated Seawater Discharge The proposed desalination project concentrated seawater discharge will not significantly impact ocean water quality or marine biological resources in the area. Less than significant impact. Facts in Support of Finding As explained in Section 5.10 of the DREIR, the proposed project's discharge would not have a significant effect on organisms living around the discharge or organisms that would pass through the area. Most of the marine organisms living near the HBGS also occur in other areas of the Southern California Bight where naturally occurring salinities can be higher than what is anticipated at the HBGS outfall. Plankton, fishes, and other water-column species would have brief exposure to the concentrated seawater discharge field, and the area of benthic impacts would be relatively small and localized. In addition, no endangered species or kelp beds exist within the vicinity of the HBGS outfall. As ocean water quality impacts and impacts to marine biological resources are not anticipated to be significant, a separate routine monitoring process is not proposed as part of the project. However, if applicable, ocean water quality and biological monitoring during long-term project operation will be conducted as directed by the RWQCB. Impacts are less than significant in this regard. Finding for Reverse Osmosis Membrane Cleaning Solution The Seawater Desalination Project at Huntington Beach will not significantly impact ocean water quality or marine biological resources due to the discharge of reverse osmosis membrane cleaning solution through the HBGS outfall. Less than significant impact. Facts in Support of Finding As stated in the DREIR in Section 3.0, PROJECT DESCRIPTION, the reverse osmosis system trains will be cleaned using a combination of cleaning chemicals such as industrial soaps (e.g. sodium dodecylbenzene, which is frequently used in commercially available soaps and toothpaste) and weak solutions of acids and sodium hydroxide. The "first rinse" treated waste cleaning solution from the washwater tank will be discharged into the local sanitary sewer for further treatment at the OCSD regional wastewater treatment facility. The cleaning rinse water following the "first rinse" will be mixed with the RO facility concentrated seawater, treated waste City of Huntington Beach January 9, 2006 Page 16 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 filter backwash, and the AES plant discharge and sent to the ocean. This "second rinse" water stream will contain trace amounts of cleaning compounds and would be below detection limits for hazardous waste. An Industrial Source Control Permit from the OCSD for discharge of waste cleaning solution into the sanitary sewer system will be required for the project. In addition, the discharge must comply with the limits and requirements contained in the OCSD's Wastewater Discharge Regulations. The analysis in Section 5.10 of the DREIR shows that impacts to the local marine environment would be less than significant. As explained in Section 5.10 of the DREIR, an alternative to discharging the "first rinse" of the RO membrane cleaning solution into the OCSD system is to discharge the solution ("first rinse" and all subsequent rinses) into the Pacific Ocean via the HBGS outfall. The majority of the chemicals within the membrane cleaning solution would be either below detection levels or regulatory limits, even before dilution with other desalination facility and HBGS discharges. Dilution at a 260 to one ratio would further minimize impacts to the marine environment and would assure NPDES compliance. Impacts to the local marine environment would be less than significant. Finding for Impingement and Entrainment The proposed desalination facility will have less than significant impacts on marine biological resources in regards to impingement and entrainment effects. Less than significant impact. Facts in Support of Finding As explained in Section 5.10 of the DREIR, the proposed project source water intake would not increase the volume, or the velocity of the HBGS cooling water intake nor would it increase the number of organisms entrained or impinged by the HBGS cooling water intake system. Therefore, the impingement and entrainment effects of the HBGS are not included in assessing the proposed project's effects, as these organisms would not be exposed to further screening prior to entering the desalination facility's pretreatment system. The proposed desalination facility would not have a separate direct ocean water intake and screening facilities, and would only use cooling water that is already screened by HBGS's intake. In response to City Council direction to specifically look at the desalination project's potential impacts on impingement and entrainment, an Intake Effects Assessment was completed and incorporated in the REIR as Appendix T and discussed in Section 5.10, Ocean Water Quality and Marine Biological Resources. The study was designed to investigate the potential for the desalination project feed water intake withdrawn from the HBGS cooling water system to increase the HBGS entrainment mortality and assess the significance of this potential entrainment effect on the source water. The study concludes that the desalination project will not cause any additional impingement losses to the marine organisms impinged by HBGS. The study also determined, based on in-plant testing, that HBGS has an observed entrainment mortality of 94.1 percent. The desalination project is estimated to increase mortality by 1.2 percent (from 94.1% to 95.3%) at flows of 507 MGD and by 4.6 percent (from 94.1% to 98.7%) at flows of 127 MGD. Therefore, the estimated larval fish loss attributed to the proposed desalination project would be 0.02 percent of the total population of larvae in the local area surrounding the HBGS intake. In comparison, at the minimum cooling water intake flow of 127 MGD and assuming 100 percent mortality, HBGS has an entrainment loss of 0.33 percent. The REIR notes that the most frequently entrained species are very abundant in the area of the HBGS intake and the Southern California Bight, and therefore, the actual ecological effects due City of Huntington Beach January 9, 2006 Page 17 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 to any additional entrainment from the desalination project are insignificant. Six taxa (gobies, blennies, croakers, northern anchovy, garibaldi and silversides) and a group of larvae that could not be identified were found to comprise 97 percent of all the fish larvae present in the HBGS cooling water system from which the proposed project would withdraw its source water supply. Species of direct recreational and commercial value constitute a very small fraction of the entrained organisms in the HBGS offshore intake. Moreover, the proposed desalination facility would not result in significant entrainment impacts even upon implementation of the new U.S. Environmental Protection Agency (EPA) 316(b) final rule (which mandates a reduction in entrainment by 60 to 90 percent at existing power plants with cooling water structures circulating over 50 mgd). There is a misconception that compliance with 316(b) requirements (through implementation of an improved intake screening system, velocity reduction, or other EPA-approved method) would reduce the entrainment mortality of the cooling water system at HBGS, and that the proposed project would then be responsible for a substantially higher rate of mortality of entrained organisms. The important distinction, however, is that 316(b) compliance is not based on reduced in-plant entrainment mortality, but rather is based on entrainment itself (a reduced intake of organisms at the intake structure). 316(b) still assumes a through-plant entrainment mortality of 100 percent. Thus, any reduction in entrainment at HBGS would result in a reduced number of organisms taken in for both HBGS and the proposed desalination facility. Impacts due to operation of the proposed desalination facility in regards to impingement and entrainment are less than significant. K. IMPACTS RELATED TO PRODUCT WATER QUALITY (DREIR pages 5.11-1 to 5.11- 24) Section 5.11 of the DREIR addresses the project's potential impacts related to product water quality which are addressed below, in Section 4.0-K of this Statement of Findings of Facts. L. CUMULATIVE IMPACTS Section 6.3 of the DREIR addresses the project's potential cumulative impacts. The topics where the impacts were found to be less than significant are: • Local Cumulative Impacts • Regional Cumulative Impacts Finding for Potential Local Cumulative Impacts The Seawater Desalination Project at Huntington Beach will not result in significant local cumulative impacts. Less than significant impact. Facts in Support of Finding Section 6.3 of the DREIR addresses the cumulative impacts associated with the Seawater Desalination Project at Huntington Beach. The cumulative impact analysis was based primarily on build-out of the City's General Plan, Zoning and Subdivision Ordinance, and General Plan EIR. The analysis also identified, listed and considered the potential cumulative impacts resulting from the currently known probable projects at the time of DREIR publication. Section 6.3 of the DREIR specifically analyzed potential cumulative impacts in the areas of land use/relevant planning, geology and soils, hydrology and water quality, air quality, noise, public City of Huntington Beach January 9, 2006 Page 18 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 services and utilities, aesthetics/light and glare, hazards and hazardous materials, construction related, biological resources (terrestrial only), and product water quality impacts. No significant cumulative impacts were identified. Finding for Potential Regional Cumulative Impacts The Seawater Desalination Project at Huntington Beach will not result in significant regional cumulative impacts. Less than significant impact. Facts in Support of Finding The DREIR notes in Section 6.3, that additional seawater desalination facilities were being considered by various cities and agencies along the Southern California coast. Because those projects are in various stages of conceptual consideration, and construction has not begun, the Final REIR does not attempt to quantify or evaluate potential cumulative impacts of all of those projects. Such an analysis is speculative at best, and is not required under CEQA Guidelines, Section 15130[b]. However, an analysis is provided for certain proposed desalination facilities along the Southern California coast (see Table 6-4). The Final REIR notes that the project, together with these other proposed desalination projects, may facilitate new development in south Orange County or elsewhere. Potential growth-inducing cumulative impacts, further discussed below in Section 3.0-M of the Statement of Facts and Finding and explained in Section 6.2 of the DREIR, are considered less than significant. All potentially significant impacts to long-term water quality and marine biological sources would be reduced to less than significant levels, as explained in Section 6.3 of the DREIR, through regulatory compliance, and project design features and implementation of the recommended mitigation measures. Potential cumulative impacts upon ocean water quality and marine biological resources are considered less than significant. The impact of the additional electric energy demand by the proposed project is less than one percent in Southern California and is therefore, less than significant. M. GROWTH-INDUCING IMPACTS Section 6.2 of the DREIR addresses the project's potential growth-inducing impacts. Finding for Potential Growth-Inducing Impacts The Seawater Desalination Project at Huntington Beach will not result in significant growth- inducing impacts. Less than significant impact. Facts in Support of Finding As required under CEQA, Section 6.2 of the DREIR included a discussion of the ways in which the Seawater Desalination Project at Huntington Beach could be growth-inducing. Under CEQA, growth inducement is not considered necessarily detrimental, beneficial, or of little significance to the environment. Typically, the growth-inducing potential of a project would be considered significant if it fosters growth or a concentration of population in excess of what is assumed in pertinent master plans, land use plans, or in projections made by regional planning agencies such as the Southern California Association of Governments (SCAG). Significant growth impacts could also occur if the project provides infrastructure or service capacity to accommodate growth beyond the levels currently permitted by local or regional plans and policies. It must first be noted that the project will sell water on a wholesale basis to water agencies who in turn will sell the water to customers at retail prices. The project does not propose to sell water at a retail level. On page 3-30, the DREIR explains how the water City of Huntington Beach January 9, 2006 Page 19 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 produced by the proposed seawater desalination facility will be delivered into the regional distribution system operated by the Metropolitan Water District of Southern California ("MWD"). The regional system operated by MWD serves Orange County and most of the South Coast Hydrologic Region. It will be up to the Orange County water agencies served by that system to determine how best to allocate the water produced by the project. The project may have the potential to indirectly induce growth because additional or supplemental water supplies will be made available to the County of Orange as a result of the project's implementation. However, while the provision of additional/supplemental water realized by the desalination facility may be characterized as reducing one of the barriers to growth, implementation of the project will not necessarily induce growth because the new water supply made available by the project may be required to simply replace anticipated reductions in available imported water supplies. Growth in Orange County will occur with or without the Seawater Desalination Project at Huntington Beach. Implementation of the project will provide greater flexibility for Orange County water agencies to meet existing water supply needs during times of drought, but it is only one part of the solution to meet existing and future water needs in Orange County. Other water supplies such as imported water, groundwater replenishment, water reuse, and more aggressive forms of conservation must also be considered as part of the solution because the project would only result in the addition of less than eight percent (8%) of the existing supplies used in Orange County. With a projected population growth of approximately two percent (2%) per year, the project's water supply would soon fail to keep up with existing growth projections for Orange County. A Growth Assessment and General Plan Evaluation was completed and incorporated in the FREIR as Appendix P and discussed in Section 6.2, Growth-Inducing Impacts of the Proposed Action. The study looked at the projected number of dwelling units at build out in the County based both on the Housing Elements of all the jurisdictions within the County and the Orange County Projections adopted by the Orange County Council of Governments. The study also identified 12 planned new residential development projects of 500 dwelling units or more in the county which are required by law to identify and verify the water sources available to serve the project. Seven of the projects have identified water sources independent of the desalination project. The desalination project cannot be ruled out as a water source for one or more of the five planned residential projects that have not yet identified water sources. The FREIR notes that typically, the growth-inducing potential of a project would be considered significant if it fosters growth or a concentration of population in excess of what is assumed in pertinent general plans, or in projections made by regional planning agencies. Even if the project were relied upon to serve a new development of 500 dwelling units or more, it would not foster growth in excess of that already assumed and projected in pertinent planning documents. The FREIR acknowledges that since no water supply agreements have been executed with water agencies within Orange County, the precise locations/uses where the desalinated water would be allocated are not known. Therefore, there is a potential for the project to induce growth in unidentified areas. However, all proposed projects and water sources would be subject to environmental analysis prior to approval. The FREIR concludes that in consideration of population and housing projections within the County and the recognized need for seawater desalination as a supply source within the water management and other related plans discussed in the FREIR, any impacts in regards to growth inducement would be less than significant. The project will not result in significant growth-inducing impacts. City of Huntington Beach January 9, 2006 Page 20 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 4.0 FINDINGS FOR SIGNIFICANT IMPACTS The following issues were determined to be "less than significant with mitigation" as set forth in the DREIR. The City of Huntington Beach finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of the existing City development review requirements, standards, codes, and the mitigation measures identified in the DREIR. Mitigation measures are referenced in this Statement of Findings of Facts using the same numbering system employed in the Mitigation Monitoring Program and the DREIR. Refer to Attachment B, MITIGATION MONITORING PROGRAM for a complete listing of mitigation measures and monitoring requirements. A. IMPACTS RELATED TO LAND USE/RELEVANT PLANING Section 5.1 of the DREIR addresses the project's potential impacts related to land use/relevant planning which are all addressed above, in Section 3.0-A of this Statement of Findings of Facts. B. IMPACTS RELATED TO GEOLOGY, SOILS, &SEISMICITY Section 5.2 of the DREIR addresses the project's potential impacts related to geology, soils and seismicity. The DREIR addresses six topics, four of which are addressed in this Section. The remaining topics were addressed in Section 3.0-B of this Statement of Findings of Facts. The topics where the impacts were found to be less than significant after implementation of mitigation are: • Wind/Water Erosion • Geology/Soils • Seismicity/Faulting • Liquefaction Potential Finding for Wind/Water Erosion The Seawater Desalination Project at Huntington Beach may create significant impacts in regards to wind and water erosion during grading activities. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard erosion control practices as typically required by the City of Huntington Beach and mitigation measure HWQ-1. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.2 of the DREIR, the potential impacts related to wind and water erosion have been eliminated or substantially lessened to a level of less than significant by virtue of project design considerations, standard conditions and mitigation measure HWQ-1, all of which have been incorporated into the project. The proposed project will require a Water Quality Management Plan (WQMP) to minimize wind and water erosion impacts. City of Huntington Beach January 9, 2006 Page 21 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Finding for Geology/Soils The Seawater Desalination Project at Huntington Beach may be subject to significant impacts resulting from unstable soils and shallow groundwater conditions in the vicinity of the project area. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including adherence to standard Uniform Building Codes (UBC) conditions and incorporation of mitigation measures GEO-1 through GEO-5, inclusive. Less than significant impact with mitigation. Facts in Support of Findings As explained in Section 5.2 of the DREIR, the potential impacts related to geology/soils have been eliminated or substantially lessened to a level of less than significant by incorporation of mitigation measures. These mitigation measures include submitting a detailed geotechnical report, the submittal of application for a precise grading permit, approval of the geotechnical report by the City Engineer, all dewatering activities will be in compliance with NPDES regulations, compressible soils will be removed and recompacted or the use of piles or grade beams will be used to support on-site structures, and type V cement will be used for concrete and buried metal pipes shall utilize special measure to protect against the effects of corrosive soils. Finding for Seismicity/Faulting The Seawater Desalination Project at Huntington Beach may be subject to significant hazards from seismicity and faulting. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including adherence to standard UBC conditions and incorporation of mitigation measures GEO-6 and GEO-7. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.2 of the DREIR, adequate measures shall be taken to protect building foundations and on-site pipelines from the effects of seismicity, including compliance with all UBC standards and California Division of Gas and Geothermal Resources (DOGGR) Special Publication 117. Additionally, special studies and a subsurface investigation (as a part of the detailed geotechnical survey) will be performed to examine potential impacts from the South Branch Fault. Finding for Liquefaction Potential The Seawater Desalination Project at Huntington Beach may be subject to significant hazards due to high liquefaction potential in the vicinity of the project site. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including adherence to standard UBC conditions and incorporation of mitigation measures GEO-8 through GEO-10, inclusive. Less than significant impact with mitigation. City of Huntington Beach January 9, 2006 Page 22 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Facts in Support of Finding As explained in Section 5.2 of the DREIR, adequate measures shall also be taken to protect against liquefaction, including compliance with all UBC standards and California Division of Gas and Geothermal Resources (DOGGR) Special Publication 117. Additionally, the detailed geotechnical survey will analyze the potential for lateral spread on-site. Methods such as overexcavation, recompaction, in-situ soil densification, injection grouting, and deep soil mixing will be performed to stabilize structures from liquefiable soils. C. IMPACTS RELATED TO HYDROLOGY, DRAINAGE AND STORM WATER RUNOFF Section 5.3 of the DREIR addresses the project's potential impacts related to hydrology, drainage and storm water runoff. The DREIR addresses many topics, one of which is addressed in this Section. The remaining topics were addressed in Section 3.0-C of this Statement of Findings of Facts Finding for Flooding and Storm Water Drainage The Seawater Desalination Project at Huntington Beach may have significant long-term hydrology and water quality impacts related to flooding and storm water drainage. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures HWQ-1 through HWQ-3, inclusive. Less than significant impact with mitigation. In addition, the State Water Resources Control Board working through the Regional Water Quality Control Board for the Santa Ana Region has the responsibility and jurisdiction to issue a NPDES permit. Facts in Support of Finding As explained in Section 5.3 of the DREIR, potential impacts in regards to hydrology and water quality have been eliminated or substantially lessened to a level of less than significant by virtue of project design features and mitigation measures HWQ-1 through HWQ-3, inclusive which have been incorporated into the project. The proposed project will require a Water Quality Management Plan (WQMP) which identifies Best Management Practices (BMPs) and implementation measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP). In addition, appropriate site-specific hydrology and hydraulic analysis will be performed for the project prior to the issuance of grading or building permits, which ever comes first. The analysis shall include mitigation measures, if necessary, in regards to storm water drainage and flooding. An on-site drainage system will also be installed integrating permanent storm water quality features. It should be noted that an aboveground tank would increase the total impervious area of the project site, thereby increasing the amount of storm water runoff. In order to contain storm water on-site, an on-site storm water system will direct storm water to the desalination facility's storm water system, ultimately discharging into the Pacific Ocean via the AES outfall. In addition, containment berms surrounding the northern and eastern side of the tank site would be left in place further containing storm water on-site. D. IMPACTS RELATED TO AIR QUALITY Section 5.4 of the DREIR addresses the project's potential impacts related to air quality, all of which are addressed above, in Section 3.0-D of this Statement of Findings of Facts. City of Huntington Beach January 9, 2006 Page 23 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 E. IMPACTS RELATED TO NOISE Section 5.5 of the DREIR addresses the project's potential impacts related to noise. Stationary noise sources are addressed in this Section; the remaining topics are addressed in Section 3.0- E of this Statement of Findings of Facts. Finding for Stationary Noise Sources The Seawater Desalination Project at Huntington Beach may create significant impacts to sensitive receptors adjacent to the desalination facility site from long-term stationary noise sources associated with project operation. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure N0I-1. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.5 of the DREIR, potential noise impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features incorporated into the project and through incorporation of mitigation measure N0I-1. Prior to the issuance of any building or grading permits, an acoustical analysis report and appropriate plans shall be prepared. This documentation will describe the stationary noise generation potential and noise mitigation measures (such as the installation of sound enclosures or placing noise-generating equipment indoors), if needed, which shall be included in the plans and specifications of the project. All stationary equipment shall be designed to meet the noise criteria as specified in the City of Huntington Beach Municipal Code Chapter 8.40 (Noise Control), and will be subject to the approval of the City of Huntington Beach. F. IMPACTS RELATED TO PUBLIC SERVICES AND UTILITIES Section 5.6 of the DREIR addresses the project's potential impacts related to public services and utilities. The DREIR addresses many topics, six of which are addressed in this Section. The remaining topics are addressed in Section 3.0-F of this Statement of Findings of Facts. The topics where the impacts were found to be less than significant after implementation of mitigation are: • Schools • Roadway Maintenance • Wastewater • Storm Water Drainage • Water • Solid Waste Finding for Schools The Seawater Desalination Project at Huntington Beach may place additional demand on schools located within the project vicinity. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including incorporation of mitigation measure PSU-1. Less than significant impact with mitigation. City of Huntington Beach January 9, 2006 Page 24 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Facts in Support of Finding As explained in Section 5.6 of the DREIR, the project does not include housing or other student- generating uses. According to the Huntington Beach Union High School District, the project is anticipated to have negligible impacts on school facilities within the City of Huntington Beach, and is anticipated to have a student generation rate of 0.0000340242 per square foot. However, in consideration of A.B. 2926, the Applicant would be required to pay a commercial fee of $0.36 per square foot for non-residential development within the Huntington Beach Union High School District, of which the High School District would receive 39 percent or $0.1404 per square foot of the total fee.2 The Huntington Beach City School District would receive the remaining 61 percent ($0.2196 per square foot) of the commercial fee, and does not anticipate that the proposed project would have significant student-generating impacts or require other assessment fees or mitigation measures. The project is not expected to generate the need for additional school facilities.3 Any potential additional demand on schools located in the project vicinity has been lessened to a level of less than significant by virtue of the incorporation of mitigation measure PSU-1. Prior to the issuance of building permits, the applicant will pay applicable school mitigation fees pursuant to State law to properly mitigate impacts to schools. Finding for Roadway Maintenance The Seawater Desalination Project at Huntington Beach may create an increased demand on streets nearby the project site and an increased need for roadway maintenance services. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including conditions of approval and incorporation of mitigation measure PSU-2. Less than significant impact with mitigation. Facts in Support of Finding To properly mitigate any increased demand on streets nearby the project site and any increased need for roadway maintenance services, adequate traffic impact fees will be paid by the project applicant as determined by the City of Huntington Beach Department of Public Works to provide for additional facilities, if necessary. As explained in Section 5.6 of the DREIR, the project applicant will be required to provide certain street improvements as a condition of approval. Any potential increased demand on streets nearby the project site or increased need for roadway maintenance service has been lessened to a level of less than significant by virtue of the incorporation of mitigation measure PSU-2 and the conditions of approval. Finding for Wastewater The Seawater Desalination Project at Huntington Beach may create an increased demand on the local wastewater system. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure PSU-3 and PSU-4. Less than significant impact with mitigation. Facts in Support of Finding 2 Letter, Ms. Patricia Koch, Huntington Beach Union High School District, December 2004. 3 Letter, Mr. Richard Masters, Huntington Beach City School District, December 4,2004. City of Huntington Beach January 9, 2006 Page 25 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 To properly mitigate any increased demand on the local wastewater system, adequate sewer connection fees will be paid by the project applicant to provide for additional facilities, if necessary. As explained in Section 5.6 of the DREIR, the project would produce nominal amounts of domestic wastewater, as the plant would employ approximately 18 people. The Orange County Sanitation District has indicated that it has capacity to accommodate any waste cleaning solution that may be discharged into the local sanitary sewer by the project. Any potential increased demand on the local wastewater system has been lessened to a level of less than significant by virtue of project design features and the incorporation of mitigation measure PSU-3. With the incorporation of mitigation measure PSU-4, encroachment permits will be obtained from the County, prior to work, for all work within, over and under the OCFCD and county of Orange right-of-way. Finding for Storm Water Drainage The Seawater Desalination Project at Huntington Beach may create increased storm water drainage. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures HWQ- 1, HINQ-2 and HWQ-3. Less than significant impact with mitigation. In addition, the State Water Resources Control Board working through the Regional Water Quality Control Board for the Santa Ana Region has the responsibility and jurisdiction to issue a NPDES permit for the project discharge through the AES outfall into the Pacific Ocean. Facts in Support of Finding The Orange County Flood Control District and the City of Huntington Beach operate the storm water drainage system within the City. The system removes water runoff from streets and transports the runoff to the Ocean. As explained in Section 5.6 of the DREIR, the addition of impervious surfaces at the project site will increase the potential amount of surface runoff. However, an on-site local storm water drainage system will be included as one of the project design features. Storm water will be collected on site and treated (using a clarification process) before it is transported to the Ocean via the AES outfall. The inclusion of project design features and the incorporation of mitigation measures HWQ-1, HWQ-2 and HWQ-3 will mitigate any increased storm water drainage impacts to less than significant levels. In addition, the State Water Resources Control Board working through the Regional Water Quality Control Board for the Santa Ana Region has the responsibility and jurisdiction to issue a NPDES permit for the project discharge through the AES outfall into the Pacific Ocean. Finding for Water The Seawater Desalination Project at Huntington Beach may create an increased demand for City water service and may create impacts in regards to water compatibility, water quality and hydraulics. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PSU-5 and PW-1. Less than significant impact with mitigation. In addition, the California Department of Health Services has the responsibility to review and approve the quality of the drinking water produced by the project. Moreover, the owners and operators of regional water systems that will deliver project water must approve and accept the blending of the project water in their system. City of Huntington Beach January 9, 2006 Page 26 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Facts in Support of Finding To properly mitigate any increased demand for City water service, adequate water connection fees will be paid by the project applicant to provide for additional facilities, if necessary. As explained in Section 5.6 of the DREIR, it is anticipated that the normal domestic demand created by the approximately 18 employees at the plant can be provided with desalinated water generated on-site. Adequate backflow prevention devices will be required as a condition of receiving any water service from the City. Any potential increased demand for City water service has been lessened to a level of less than significant by virtue of conditions of approval and the incorporation of mitigation measure PSU-5. The product water created by the desalination facility will be blended with the imported water delivered by the Metropolitan Water District of Southern California (MWD). It is anticipated that the water produced by the desalination facility will be comparable in physical characteristics to the MWD water. However, prior to project operation, coordination, testing and monitoring with involved water agencies will be required as a condition of approval. The owners and operators of regional water systems that will deliver project water must approve and accept the blending of the project water in their system. Moreover, all Department of Health Services water quality requirements must be met before the blended supply can be delivered to water customers by the applicable retail water agencies or City water departments. Also, prior to project operations, all required drinking water permits would be obtained from the California Department of Health Services including a Wholesale Drinking Water Permit and an Administrative Change to Retail agencies' Drinking Water Permit. Any potential impacts in regards to water compatibility or water quality have been lessened to a level of less than significant by virtue of conditions of approval and the incorporation of mitigation measure PW-1. Final project design features will reflect coordination with the owners and operators of the regional water systems that will deliver project water and address any hydraulic and surge control issues to insure that no significant impacts to regional pipelines will result from project operation. Finding for Solid Waste The Seawater Desalination Project at Huntington Beach may create an increased demand on solid waste disposal facilities. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PSU-6 and PSU-7. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.6 of the DREIR, the project applicant must coordinate with the City of Huntington Beach recycling representative to ensure compliance with the City's waste reduction and recycling program, and will be required to prepare a waste reduction plan for the generation of construction and operational waste from the proposed project. The inclusion of project design features and the incorporation of mitigation measures PSU-6 and PSU-7 will mitigate any increased demand on solid waste disposal facilities to less than significant levels. G. IMPACTS RELATED TO AESTHETICS/LIGHT& GLARE Section 5.7 of the DREIR addresses the project's potential impacts related to aesthetics/light and glare. The DREIR addresses three topics, two of which (site character and on-site light and glare) are addressed in this Section. The remaining topic is addressed in Section 3.0-G of this Statement of Findings of Facts. City of Huntington Beach January 9, 2006 Page 27 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Finding for Site Character The Seawater Desalination Project at Huntington Beach may create significant site character impacts. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure ALG-9. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.7 of the DREIR, potential aesthetic impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features incorporated into the project and through incorporation of mitigation measure ALG-1. Mitigation measure ALG-1 requires that exterior mechanical equipment be screened and setback 15 feet from the exterior edges of the building. All such screening shall be architecturally compatible with the building. In addition, the existing berms on the perimeter of the property will partially screen the project from view. The existing project site can be described as low to non-existent in aesthetic value. As designed and with mitigation, the project will improve the aesthetic character of the site. Finding for On-Site Light and Glare The Seawater Desalination Project at Huntington Beach may generate light and glare through on-site nighttime security lighting and additional automobile traffic. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure ALG-2. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.7 of the DREIR, on-site light and glare impacts have been eliminated or substantially lessened to a level of less than significant by virtue of project design features and through the incorporation of mitigation measure ALG-2. To mitigate impacts from light and glare, light intensity shall be limited to only that necessary for adequate security and safety, and light "spillage" onto adjacent properties shall be controlled by directional or shielded lighting fixtures. H. IMPACTS RELATED TO HAZARDS AND HAZARDOUS MATERIALS Section 5.8 of the DREIR addresses the project's potential impacts related to hazards and hazardous materials above, in Section 3.0-H of this Statement of Findings of Facts. 1. IMPACTS RELATED TO CONSTRUCTION Section 5.9 of the DREIR addresses the project's potential short-term construction related impacts. The DREIR addresses nine topics, eight of which are addressed in this Section. The remaining topic is addressed in Section 5.0 of this Statement of Findings of Facts. The topics where the impacts were found to be less than significant after implementation of mitigation are: • Hydrology and Water Quality City of Huntington Beach January 9, 2006 Page 28 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 • Noise • Public Services and Utilities • Aesthetics/Light and Glare • Hazards and Hazardous Materials • Traffic • Biological Resources • Cultural Resources Finding for Hydrology and Water Quality The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to hydrology and water quality. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-1 through CON-8, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to hydrology and water quality have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-1 through CON-8, inclusive. Short-term impacts in regards to hydrology and water quality will be mitigated through adherence to NPDES and Santa Ana Regional Water Quality Control Board regulations, preparation of a City-approved Erosion Control Plan, and the acquisition of appropriate permits/approvals for dewatering activities. Overall short-term construction impacts related to hydrology and water quality will be reduced because an aboveground storage tank will involve substantially less grading and excavation than an underground tank. Finding for Noise The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to noise. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-11 through CON-13, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to noise have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-11 through CON-13, inclusive. The project will be in compliance with the City's Noise Ordinance and construction activities will adhere to various standards in regards to construction equipment, staging areas, and hours of construction operations. Overall short-term construction impacts related to noise will be reduced because an aboveground storage tank will involve substantially less grading and excavation than an underground tank. City of Huntington Beach January 9, 2006 Page 29 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Finding for Public Services and Utilities The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to public services and utilities. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions and incorporation of mitigation measure CON-14. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to public services and utilities have been eliminated or substantially lessened to a level of less than significant by standard conditions and through incorporation of mitigation measure CON-14. In order to mitigate impacts to public services and utilities, the project engineer shall perform geophysical surveys to identify subsurface utilities and structures, the findings of which shall be incorporated into site design. Pipelines or conduits which may be encountered within the excavation and graded areas shall either be relocated or be cut and plugged according to the applicable code requirements. Finding for Aesthetics/Light and Glare The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to aestheticsAight and glare. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-15 and CON- 16. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to aesthetics/ light and glare have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-15 and CON-16. Aesthetic impacts will be minimized by installation aesthetic screening around the construction site, and by concentrating construction activities and staging areas away from adjacent sensitive receptors, to the extent feasible. Finding for Hazards and Hazardous Materials The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to hazards and hazardous materials. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-16 through CON-29, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to hazards and hazardous materials have been eliminated or substantially lessened to a level of less than significant by standard conditions, appropriate project design features and City of Huntington Beach January 9, 2006 Page 30 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 through incorporation of mitigation measures CON-17 through CON-30, inclusive. Numerous measures will be implemented to mitigate impacts in regards to hazards and hazardous materials, including, but not limited to, clearing the site of excess vegetation, surface trash, piping, debris, and other deleterious and/or hazardous materials prior to rough grading, asbestos and lead-based paint removal, and adherence to standards as administered by the Occupational Safety and Health Administration, South Coast Air Quality Management District, State Division of Oil, Gas, and Geothermal Resources, Regional Water Quality Control Board, County Integrated Waste Management, Orange County Health Care Agency, Solid Waste Local Enforcement Agency, and City of Huntington Beach Fire Department. Finding for Traffic The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to traffic. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-31 through CON-36, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to traffic have been eliminated or substantially lessened to a level of less than significant by standard conditions, appropriate project design features and through incorporation of mitigation measures CON-31 through CON-36, inclusive. Traffic related impacts will be reduced by the implementation of a Traffic Management Plan, the use of flagmen and construction traffic signage to control traffic, obtaining and satisfying the requirements of the necessary right-of-way permits, and the development of a truck and construction vehicle routing plan. The applicant would be required to coordinate with the City of Costa Mesa in order to minimize traffic impacts on applicable roadways and to obtain necessary approvals for pipeline construction within the City. Overall short-term construction impacts related to traffic will be reduced because an aboveground storage tank will involve substantially less grading and excavation than an underground tank. Finding for Biological Resources The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to biological resources. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-37 through CON-44, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to biological resources have been eliminated or substantially lessened to a level of less than significant by standard conditions, appropriate project design features and through incorporation of mitigation measures CON-36 through CON-43, inclusive. Impacts to biological resources will be reduced by performing focused surveys to determine the potential for endangered species and other sensitive species and coordinating with the USFWS to avoid special status species or to develop mitigation if avoidance is not possible, by preparing and City of Huntington Beach January 9, 2006 Page 31 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 implementing a Frac-Out Contingency Plan, and by performing a jurisdictional delineation and obtaining and complying with the appropriate permits, if applicable. Finding for Cultural Resources The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to cultural resources. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-45 through CON-47. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.9 of the DREIR, potential short-term construction related impacts in regards to cultural resources have been eliminated or substantially lessened to a level of less than significant by appropriate project design features and through incorporation of mitigation measures CON-45 through CON-46. In order to mitigate potential impacts in regards to cultural resources, a paleontological resource recovery program shall be implemented, and all construction activities will be halted should historical, archaeological, or paleontological resources be discovered during excavation until a qualified archaeologist can evaluate the nature and significance of the finds. Additionally, a qualified paleontologist shall be retained to monitor grading operations and salvage significant fossil remains. J. IMPACTS RELATED TO OCEAN WATER QUALITY AND MARINE BIOLOGICAL RESOURCES Section 5.10 of the DREIR addresses the p impacts potential im acts related to ocean water p quality and marine biological resources which are addressed above, in Section 3.0-J of this Statement of Findings of Facts. K. IMPACTS RELATED TO PRODUCT WATER QUALITY Section 5.11 of the DREIR addresses the project's potential impacts related to product water quality. The DREIR addresses three topics, all of which are addressed in this Section: • Product Water Quality • Product Water Reliability • Orange County Water Distribution System Finding for Product Water Quality The proposed desalination project product water quality may be impacted by several factors, including ocean water quality fluctuations, red tide algal bloom events, HBGS non-routine operations and RO membrane performance. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PW-1 through PW-3, inclusive. Less than significant impact with mitigation. City of Huntington Beach January 9, 2006 Page 32 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Facts in Support of Finding The product water of the proposed seawater desalination facility may be impacted by natural changes in ocean water salinity, temperature, turbidity and pathogen concentration. Typically, ocean water salinity and temperature changes are triggered by natural seasonal events. As discussed in DREIR Section 5.10, OCEAN WATER QUALITY and the Watershed Sanitary Survey (Appendix E of the DREIR), the intake ocean water turbidity and pathogen concentration changes are mainly driven by rain events. In order to maintain a consistent quality of desalinated product water, the applicant would be required to obtain a drinking water permit from the California Department of Health Services (DHS) that would address monitoring of source water quality and its effects on product water quality. The applicant has been working with DHS for the last four years to obtain such a permit. In August 2002, DHS issued a conceptual approval letter for the Seawater Desalination Project at Huntington Beach. The desalination facility intake water quality in terms of turbidity (which is a surrogate indicator for potential elevated pathogen content) and salinity would be measured automatically and monitored continuously at the desalination facility intake. Instrumentation for continuous monitoring and recording of these parameters would be installed at the desalination facility intake pump station. In event of excessive increase in intake seawater turbidity and/or salinity, this instrumentation would trigger alarms that would notify desalination facility staff. If the intake pathogen count reaches a preset maximum level, this instrumentation would automatically trigger chlorination of the source water, thereby reducing the source water pathogens to acceptable levels even before the water reaches the RO treatment facilities. In addition to the automation provisions, turbidity and salinity would also be measured manually by the desalination staff at least once a day and the intake seawater would be analyzed for pathogen content at least once per week. In the event of elevated intake seawater turbidity, laboratory pathogen content analysis would be performed more frequently. In addition to the intake water quality monitoring instrumentation, the desalination facility pretreatment filtration facilities would be equipped with filter effluent turbidimeters and particle counters. This equipment would allow facility operators to continuously monitor pretreatment filter performance and to trigger adjustments of desalination facility operations to accommodate intake water quality changes. Desalinated product water quality would also be monitored continuously for salinity and chlorine residuals and would be tested frequently for pathogen content. In summary, desalinated product water quality would be tested in accordance with the requirements of the California Code of Regulations (Title 22) and the DHS. Product water quality impacts due to ocean water quality fluctuations are not anticipated to occur upon implementation of the design features described above. The desalination facility would be designed to maintain high quality potable water (consistent with regulatory standards) in the event of a red tide event. As explained in Section 5.11 of the DREIR, it would have a number of provisions/barriers to protect against the passage of red tide- related algal organic compounds through the treatment processes. These include a deep intake configuration to minimize algae entrainment, the chlorination of intake seawater, an enhanced coagulation of intake seawater, a microfiltration or dual media sand filtration algae barrier, microfiltration or dual media sand filter covers, a cartridge filter algae barrier, the RO City of Huntington Beach January 9, 2006 Page 33 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 membranes, a final disinfection, and an emergency facility shutdown procedure. Also, there are no documented cases of red tide health or safety problems associated with the operation of RO seawater desalination facilities worldwide which is indicative of the capability of these systems to perform reliably and effectively under red tide conditions. Unusual activities at the HBGS, such as seawater emergency intake pump shut downs and failures, electricity equipment malfunctions, excessively high temperature of the cooling water, etc., may impact product water quality and desalination facility performance. The Seawater Desalination Project at Huntington Beach would have six different provisions incorporating several protection/notification devices to account for non-routine operations at the HBGS: ❖ Automatic control interlock between HBGS pumps and desalination facility intake pumps: The shutdown controls of the desalination facility intake pumps would be interlocked with the HBGS pumps, so when HBGS pump operation is discontinued to prepare for heat treatment, non-routine or even routine pump shutdown, this would automatically trigger an alarm at the desalination facility along with shutdown of the desalination intake pumps. After this emergency shutdown, the intake pumps would have to be started up manually, and the operations staff would be required to check the reason of shutdown with the HBGS staff before restarting the treatment facility intake pumps. ❖ Continuous Intake Pump Flow Measurement Devices: Seawater intake pumps would be equipped with flow meters, which would record the pumped flow continuously. If the intake flow is discontinued for any reason, including non-routine HBGS operations, this would trigger automatic intake pump shutdown. ❖ Continuous Intake Water Temperature Measurement Devices: The desalination facility intake pump station would be equipped with instrumentation for continuous measurement of the intake temperature. Any fluctuations of the intake temperature outside preset normal limits would trigger alarm and intake pump shutdown. This monitoring equipment would provide additional protection against heat treatment or other unusual intake water quality conditions. ❖ Continuous Intake Water Salinity/Conductivity Measurement Devices: The desalination facility intake pump station would be equipped with instrumentation for continuous measurement of the intake seawater salinity. Any fluctuations of the intake salinity outside preset normal operational limits would trigger an alarm and initiate intake pump shutdown. This monitoring equipment would provide additional protection against discharge of unusual fresh water/surface water streams in the facility outfall. ❖ Continuous Intake Water Oil Spill/Leak Detection Monitoring Devices: The desalination facility intake pump station would be equipped with instrumentation for oil spill/leak detection. Detection of oil in the intake water even in concentrations lower than 0.5 mg/L would automatically trigger an alarm and initiate intake pump shutdown. This monitoring equipment would provide additional protection against unusual intake water quality conditions. ❖ Routine Communication with HBGS Staff: The desalination facility staff of each shift would be required to contact HBGS personnel at least once per shift and enquire about unusual planned or unplanned events at the HBGS. If non-routine operations are City of Huntington Beach January 9, 2006 Page 34 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 planned at the HBGS, the desalination facility would be informed and would modify desalination facility operations accordingly. Implementation of the six provisions described above would minimize impacts in this regard to less than significant levels. As the RO membrane elements age, their rejection capabilities decrease. This may trigger a change in product water quality from the Seawater Desalination Project at Huntington Beach. The RO system membrane performance would continuously monitor feed seawater and permeate conductivity and the differential pressure through the membranes. If permeate salinity (i.e. total dissolved solids [TDS]) concentration exceeds the design level, membranes would be cleaned to recover their original performance capabilities. In addition, an average of 10 to 15 percent of the membrane elements would be replaced every year, thereby maintaining the product water quality at a steady level. The Seawater Desalination Project at Huntington Beach would produce product water with lower TDS levels than that currently delivered to Orange County water purveyors by MWD. The TDS product water quality estimate of 350 mg/L is based on the use of high-rejection seawater desalination membranes at the second year of desalination facility operations. Typically, during the first two years of facility operations, the average product water quality TDS concentration would be lower than 350 mg/L. After the second year of operations, a portion (typically 10 to 15 percent per year) of the desalination facility membrane elements would be replaced to maintain the product water quality close to the target TDS concentration of 350 mg/L. Membrane replacement is a standard approach commonly used in seawater desalination facilities to maintain product water quality at a long-term steady target level. In addition, chloride and sodium are estimated to average 180 mg/L and 120 mg/L, respectively. These estimated water quality levels for TDS, chloride, and sodium are well below the newly adopted narrative water quality objectives in the amended Basin Plan and when the desalinated water is integrated into the water supply system it is unlikely that recycled water would exceed the amended Basin Plan narrative water quality objectives. The desalination facility would use industry standard eight-inch desalination membrane elements, which are available from a number of specialized membrane manufacturers. The membrane element manufacturers and their products pre-qualified for this project are: - Hydranautics (SWC3 or better) - Filmtec/Dow (SW30HR-380 or better) - Koch/Fluid Systems (TFC2822SS or better) - Toray (SU820L or better). Key design membrane element parameters common for the products of these suppliers are: - Membrane Type: Spiral-wound, thin film composite; - Applied Flux: eight to 12 gpd/sf at recovery rate of 45 to 50 percent; - Nominal Salt Rejection: 99.6 percent or higher; - Applied Pressure: 800 to 1,100 pounds per square inch (psi); - Maximum Pressure Drop per Element: 10 psi; - Maximum Feed Water SDI (15 min): 5.0; - Free Chlorine Resistance: less than 0.1 mg/L; - Operating pH Range: two to 11; and City of Huntington Beach January 9, 2006 Page 35 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 - QA/QC Membrane Production and Testing Procedures. The actual membrane element that would be used for the proposed desalination facility would be selected during the detailed engineering design phase of this project. The product water projections are performed for two conditions: new membranes at facility start up and membranes at the second year of facility operations. All projections are completed for low flow scenario conditions in terms of intake water salinity and temperature and membrane performance characteristics. At the beginning of the desalination facility operation the TDS concentration of the RO system permeate is projected to be between 226 and 308 mg/L, and at the end of the second year of desalination facility operations is projected to be between 257 and 349 mg/L (based on projections of product water quality and membrane performance in accordance with modeling specifications provided by two of the four membrane suppliers, Toray and Hydranautics). As previously indicated, the permeate water quality would be maintained at a second-year operations level over the entire 30-year period of facility operations by replacement of a portion of the membrane elements every year. It should be noted that the projections above are for the water quality of the RO system permeate as it exits the desalination system. Prior to distribution, the desalination facility permeate would be conditioned by lime and carbon dioxide for stabilization and corrosion control, and with chlorine for final disinfection. The addition of these conditioning chemicals would increase the final product water TDS concentration by 30 to 50 mg/L. Therefore, at facility start-up the TDS of the product water delivered to the distribution system is expected to be in a range of 260 to 340 mg/L, while for the entire 30-year period of facility operations the TDS concentration would be in a range of 300 to 400 mg/L and would average 350 mg/L. The projections presented above are developed using conservative assumptions for the type and performance of the membrane elements, intake water salinity and temperature. The applicant's previous pilot testing experience in Tampa and Carlsbad and the actual performance of the same Toray membranes in Trinidad indicate that the membrane manufacturer projections carry a safety factor of 10 to 15 percent and the actual product water quality is always better than that projected by the software. Advances in membrane technology over the next 30 years are expected to yield membrane elements capable of producing water of TDS concentration below 300 mg/L for most of the useful life of the desalination facility. Therefore, the projected product water TDS concentration of 350 mg/L is a reliable and conservative estimate of the potable water quality that would be delivered to the distribution system by the Seawater Desalination Project at Huntington Beach. As described in Section 3.0, PROJECT DESCRIPTION, the facility would be capable of meeting all drinking water standards through multiple treatment processes, which include: pretreatment filters; cartridge filters; reverse osmosis membranes; and product water conditioning and disinfection facilities. A comparison between the product water quality of the Seawater Desalination Project at Huntington Beach and the DHS primary and secondary water quality standards is presented in DREIR Table 5.11-3, PRODUCT WATER QUALITY COMPARISON. Review of this table indicates that the desalination facility product water quality meets all current DHS water quality MCL standards. The project would also be consistent with all requirements of the SARWQCB Basin Plan. Thus, impacts in this regard would not be significant. In addition to the Safe Drinking Water Act, which sets the primary and secondary MCLs for water quality constituents, the California DHS has established health-based advisory levels, known as "action levels", for specific chemicals which may be found in drinking water. As City of Huntington Beach January 9, 2006 Page 36 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 explained in Section 5.11 of the DREIR, boron is the only compound that is detectable in the product drinking water from the seawater desalination facility. After the reverse osmosis treatment process the desalted water boron level is approximately 0.6-0.8 mg/l, which is below the DHS action level. Impacts to the product water quality are less than significant. Finding for Product Water Reliability The proposed desalination project product water reliability may be impacted by earthquakes or other unscheduled outages. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measure PIN--4. Less than significant impact with mitigation. Facts in Support of Finding The desalination facility operations would be fully automated and key systems would be provided with redundant equipment and controls per the requirements of Title 22 of the California Code of Regulations. In the event of an underground booster pump station power outage, the booster pump station would be equipped with on-site power generators that would allow their operation to continue even if the main source of power supply has been interrupted. The desalination facility would be provided with two independent sources of power supply, which includes an electrical power grid and/or the HBGS auxiliary reserve bank to assure uninterrupted operations during emergencies. The desalination facility would be manned 24 hours per day, 365 days per year by skilled and certified operators, which would coordinate facility and pump station operations with that of all other water purveyors delivering water to or operating the water distribution system facilities. As a part of desalination and pumping station operations, the operations staff would develop an earthquake mitigation and preparedness plan, which would be coordinated with the City of Huntington Beach. This plan would define coordination measures to assure continuous facility operations and water delivery under earthquake emergency conditions. The desalination facility would be designed with one standby reverse osmosis train to provide additional reliability of water production and supply. Typically, desalination facilities, including the existing desalination facilities in California, are designed to operate with all available reverse osmosis trains in operation at all times. During the times of potential outages caused by scheduled or unscheduled maintenance or emergency events, such as an earthquake, these facilities operate at reduced capacity or are down for a certain period of time. The proposed desalination facility would be designed to produce 50 mgd of product water with 12 RO trains, and would be constructed with an additional 13th RO standby train, which can produce up to 4.2 mgd of water at any time. This additional train would provide increased reliability and redundancy that exceeds current reliability standards and common practices for desalination facility design. The proposed desalination facility would be the first facility in California with such additional production standby capacity and reliability provisions. The issues of reliability of the supply and emergency service provisions would be dictated by the terms of the institutional agreements negotiated with the regional water purveyors (including MWDOC and Metropolitan Water District) and by the terms of the water supply agreements negotiated with potential customers that would purchase the product water produced at the desalination facility. Thus, impacts are anticipated to be less than significant in this regard with mitigation. In addition, the project represents a benefit in regards to water supply reliability for Orange County as it would be a new source of supplemental water supply that is drought-proof. City of Huntington Beach January 9, 2006 Page 37 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 Finding for Orange County Water Distribution System The introduction of the proposed desalination project product water into the existing Orange County distribution system may result in impacts in regards to blended water quality, corrosivity, chlorine residual, disinfection byproduct concentration, taste and odor or hydraulics. However, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including project design features and incorporation of mitigation measures PW-5 through PW-9, inclusive. Less than significant impact with mitigation. Facts in Support of Finding As explained in Section 5.11 of the DREIR, blending could have water quality improvement benefits, especially if the receiving agencies are predominantly using imported water, which has higher levels of TDS, sulfate, hardness and disinfection byproducts than desalinated water. The desalination facility would produce drinking water of very high and consistent quality, which meets or exceeds all applicable regulatory requirements established by the EPA and the DHS. The desalinated water would be produced applying state-of-the-art seawater RO membranes which are capable of removing practically all contaminants in the source water: turbidity; taste, odor, color, bacteria, viruses, salts, proteins, asbestos, organics, etc. Currently, EPA recognizes RO membrane treatment as a best available technology for water treatment and for meeting future water quality regulations. The desalinated water would have approximately 100 mg/L lower salinity (i.e. TDS) than the existing drinking water. The lower drinking water salinity would result in better taste and lower overall water distribution system corrosivity. The desalinated seawater would be softer than the existing water sources. Softer water has a number of benefits such as: better taste; formation of less calcium deposits on household appliances and cutlery; and lower detergent use. The desalinated water would have order-of- magnitude lower disinfection byproducts, such as total trihalomethanes and halocetic acids, or TTHM and HAA, respectively) concentrations than the existing drinking water (refer to the DREIR Appendix N, DISINFECTION BYPRODUCT FORMATION STUDY). Disinfection byproducts are well known carcinogens and their reduction in the drinking water as a result of the blending of the desalinated water with other water sources would be an added benefit. The blending of desalinated product water with existing distribution systems has less than significant impacts. As stated above, the proposed project would include several features to accommodate changes in ocean water quality and red tide algal bloom events. In addition, in regards to corrosivity, blending the desalinated product water with existing water from other sources may change the water quality of the blend in terms of its corrosion effect on the existing water distribution system. When evaluating potential short-term and long-term impacts of blending treated waters from different sources, one of the most important considerations is the potential for corrosion of pipes and residential fixtures. Excessive corrosion over time might lead to colored water in homes, stained fixtures, pipe failures, and non-compliance with the Lead and Copper Rule. In 1992, the EPA promulgated the Lead and Copper Rule to protect drinking water consumers from excessively high concentrations of lead and copper in the drinking water caused by corrosion of household and public building plumbing systems. The rule sets limits for lead and copper in samples collected from faucets with risk for elevated lead and copper concentrations. The limits for lead and copper are 15 µg/L (micrograms per liter), and 1.3 mg/L, respectively. City of Huntington Beach January 9, 2006 Page 38 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Similar to all other potable water sources in the distribution system, product water from the Seawater Desalination Project at Huntington Beach would be chemically conditioned at the treatment facility prior to delivery to the distribution system to mitigate its corrosivity. Lime, in combination with carbon dioxide, would be added for post-treatment stabilization of the RO water as a source for pH and alkalinity adjustment and hardness addition. A corrosion control study describing in detail the type and amount of corrosion control chemicals planned to be used for this project are presented in Appendix O of the DREIR, DISTRIBUTION SYSTEM CORROSION CONTROL STUDY. The product water from the seawater desalination facility would be suitable for delivery through the existing water distribution system and would be comparable and compatible to the other water sources currently delivering water to the same system. Prior to delivery to the water distribution system the desalinated water would be conditioned using lime and carbon dioxide to achieve the following corrosion control driven water quality parameters, which are known to be consistent with water currently distributed throughout Orange County: • pHof8to8.5, • Langelier Saturation Index (LSI) of 0.0 to 0.5, and • Alkalinity of 40 mg/L or higher. These water goals are established based on current practices of the MWD, MWDOC, and most water agencies and municipalities in Orange County. The water goals are rooted in the Safe Drinking Water Act's water quality standards. These water quality goals would be achieved by the addition of the following chemicals: • Lime at dosage of 25 to 50 mg/L (average of 30 mg/L) • Carbon dioxide at dosage of zero to 30 mg/L (average of six mg/L) Adopting this proven corrosion control strategy would result in a non-corrosive product that can be seamlessly integrated into the system. In addition, a corrosion monitoring system would be installed in the proposed transmission pipeline at points of interconnection with the existing water distribution system to ensure that the proposed corrosion control measures are effective and adequate. As such, impacts in regards to corrosion are not anticipated to be significant upon implementation of the design features described above. The desalinated product water would be disinfected prior to delivery to the distribution system. Chlorine, in the form of sodium hypochlorite, would be added as a disinfectant to meet DHS water quality standards for potable water disinfection. The desalted water would meet current imported water disinfection methods so as to not change any disinfection protocol currently being used by water agencies. As explained in Section 5.11 of the DREIR, the desalinated water would be chloraminated by sequential application of sodium hypochlorite and ammonia to achieve a chloramine residual concentration at the point of delivery to the distribution system is in a range of two to 2.5 mg/L. A detailed description of the proposed chloramination process is provided in Appendix N of the DREIR, DISINFECTION BYPRODUCT FORMATION STUDY. This study confirms that after blending of the chloraminated product water from the desalination facility with disinfected product water from other sources, the chloramine residual of the blend meets the target level in City of Huntington Beach January 9, 2006 Page 39 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 the distribution system of two to 2.5 mg/L. As such, impacts in this regard are not anticipated to be significant. As explained in Section 5.11 of the DREIR, blending desalinated water with existing sources of supply would result in a product that is comparable to existing supplies and meets all disinfection byproduct limits. Desalinated seawater contains lower levels of organics than existing Orange County sources. Therefore, blending of desalinated water with other source waters in the distribution system would have a beneficial effect, and would lower the overall disinfection byproduct concentration of the blend. The results of Appendix N in the DREIR, DISINFECTION BYPRODUCT FORMATION STUDY confirm the beneficial effect of the desalinated water on the blended water quality in terms of disinfection byproducts. As such, impacts in this regard are not anticipated to be significant. In regards to hydraulics and/or pressure surges, implementation of the proposed project may have hydraulic impacts on the regional water distribution system. A total of three pump stations would be necessary for operation of the project: 1) a product water pump station at the desalination facility site; 2) the OC-44 underground booster pump station in unincorporated Orange County; and 3) the Coastal Junction underground booster pump station in Irvine. Project implementation could potentially alter the flow rate and pressure of multiple transmission lines serving the vicinity. Based on hydraulic modeling performed for the proposed project, the following water transmission mains in the project vicinity are not anticipated to be impacted by the proposed project (it is assumed that all facilities discussed below have design features to prevent hydraulic surges): ❖ East Orange County Feeder#2 ❖ Irvine Cross Feeder ❖ Coast Supply Line ❖ Aufdenkamp Transmission Main ❖ Tri-Cities Transmission Main ❖ Newport Beach Wells Supply Line However, the hydraulic characteristics of the OC-44 pipeline may be affected in one of two ways, depending on whether the pipeline segment in question is east or west of the proposed OC-44 connection point: 1) west of the proposed OC-44 connection point, the flow rate and flow direction would remain unchanged, while a change in water pressure would be negligible (a change of less than five psi); and 2) east of the proposed connection point, the direction of flow would be reversed, the flow rate would increase, and water pressure would decrease. It is anticipated that maximum flow velocity through this portion of the pipeline would be 7.5 fps. All flow rate, pressure, and velocity changes, which may occur in the existing pipelines, are within pipeline design specifications. In addition, the hydraulic characteristics of the East Orange County Feeder No. 2 (EOCF #2) may be affected in one of two ways, depending on whether the pipeline segment in question is north or south of the Coastal Junction (the point at which the Tri-Cities and Aufdenkamp Transmission Mains connect to the EOCF #2): 1) north (upstream) of the Coastal Junction, the flow rate within EOCF #2 would decrease (this decrease may allow water pressure to rise, but the resulting change in water pressure would be well within allowable design pressure for the existing pipeline); and 2) south (downstream) of the Coastal Junction, the direction of flow would be reversed, the water pressure would rise, and the flow rate would increase to a maximum velocity of 3.6 fps. Based on the hydrodynamic model, the pressure class of the existing pipeline is of sufficient strength to accommodate changes incurred by the proposed project. Thus, impacts in this regard would not be significant. City of Huntington Beach January 9, 2006 Page 40 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 Appendix D of the DREIR, PRESSURE SURGE ANALYSIS, provides a discussion of potential impacts of the three pump stations associated with the project. The report includes the effect of pressure surges on: ❖ The proposed desalinated water 42-to 48-inch pipeline (between the desalination facility and the OC-44 transmission main) •3 East Orange County Feeder#2 ❖ Irvine Cross Feeder ❖ Coast Supply Line ❖ Aufdenkamp Transmission Main ❖ Tri-Cities Transmission Main Analysis concludes that in the event of a loss of power to the booster pump stations, a low- pressure wave is predicted to propogate out from the discharge site of each booster pump station and into the associated pipelines. As the water travels toward its applicable destination (reservoirs, demand locations, and booster pump stations), the low-pressure waves cause the pipeline pressure to fall. Simultaneously, a pressure upsurge wave is predicted to propagate out from the suction side of the OC-44 and Coastal Junction pump stations. Following the loss of power to the pump station located at the desalination site, a vapor condition is created in the desalinated water conveyance pipeline. When the product water conveyance pipeline is re-pressurized by a reflected waterhammer wave, any vapor cavities that are formed would collapse, and may create extremely high local pressure spikes that may damage the pipeline, resulting in premature corrosion and the development of leaks. When subjected to negative pressure, a leak could become a source of pathogen intrusion. If the piping does not have sufficient strength to withstand a full vacuum, the pipeline could collapse under such low pressures. To eliminate large negative pressures and the possibility of vapor cavity formation in the delivery pipeline system above, surge protection measures for proposed project facilities are recommended as follows: ❖ Incorporation of pressurized surge tanks at booster pump station locations; and ❖ Vacuum relief and air release valve improvements. Hydraulic modifications recommended for the existing water distribution system include the following: ❖ Hydraulically operated isolation valves; ❖ Elimination of existing valves; and ❖ Pressure control valve improvements. Additional modeling would be performed during the design phase of the project to confirm that the proposed project would not have significant impacts on regional water transmission facilities. Moreover, the applicant would be required to coordinate and consult with agencies having facilities that are potentially affected by desalinated seawater from the proposed project (including MWD) to obtain institutional agreements prior to project operation. 5.0 ENVIRONMENTAL EFFECTS WHICH WOULD REMAIN SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION City of Huntington Beach January 9, 2006 Page 41 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 IMPACTS RELATED TO CONSTRUCTION —AIR QUALITY Section 5.9 of the DREIR addresses the project's potential short-term construction related impacts. The DREIR addresses nine topics, one of which (air quality) is addressed in this Section. The remaining topics are addressed in Section 4.0-1 of this Statement of Findings of Facts. Finding for Short-Term Air Quality The proposed Seawater Desalination Project at Huntington Beach may have adverse short-term construction related impacts in regards to air quality. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the DREIR, including standard conditions, project design features and incorporation of mitigation measures CON-9 and CON-10. In addition, the South Coast Air Quality Management District and California Air Resources Board have jurisdiction over stationary and mobile emission sources, respectively. Even after incorporation of mitigation measures CON-9 and CON-10, the Project will result in an unavoidable significant impact in regards to short-term construction related reactive organic gases (ROG), nitrogen oxides (NOJ, and carbon monoxide (CO). Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible additional mitigation measures or alternatives identified in the DREIR. The City of Huntington Beach is adopting the Statement of Overriding Considerations set forth in Section 7.0 of this Statement of Findings and Facts to address this impact of the Project. Facts in Support of Finding Construction related air quality impacts will be mitigated through preparation of a dust control plan and adherence to City standards and South Coast Air Quality Management District Rules 402 and 403. As detailed within Section 5.9 of the DREIR, and despite the implementation of standard conditions, project design features and mitigation measures CON-9 and CON-10, significant and unavoidable short-term air quality impacts remain. The proposed project is anticipated to exceed South Coast Air Quality Management District (SCAQMD) thresholds in regards to short-term air emissions (remediation, demolition, construction). Mitigation measures will be implemented, but these measures are unable to reduce ROG, NO),, and CO emissions to a less than significant level according to SCAQMD thresholds. Thus, air quality impacts in this regard are considered an unavoidable significant impact of the Seawater Desalination Project at Huntington Beach. This impact is overridden by the project benefits as set forth in the Statement of Overriding Considerations (Section 7.0 of this Statement of Findings of Facts). There are no feasible alternatives that could avoid this significant impact. Moreover, the South Coast Air Quality Management District and California Air Resources Board have jurisdiction over stationary and mobile emission sources, respectively. 6.0 FINDINGS REGARDING PROJECT ALTERNATIVES Pursuant to Public Resources Code Section 21002 and the CEQA Guidelines Section 15126.6, an EIR must assess a reasonable range of alternatives to the project action or location. (a) Section 15126.6 places emphasis on focusing the discussion on alternatives which provide opportunities for eliminating any significant adverse environmental City of Huntington Beach January 9, 2006 Page 42 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 impacts, or reducing them to a level of insignificance, even if these alternative would impede to some degree the attainment of the project objectives, or would be more costly. In this regard, the EIR must identify an environmentally superior alternative among the other alternatives. (b) As with cumulative impacts, the discussion of alternatives is governed by the "rule of reason". (c) The EIR need not consider an alternative whose effect cannot be reasonably ascertained, or does not contribute to an informed decision-making and public participation process. The range of alternatives is defined by those alternatives, which could feasibly attain the objectives of the project. Accordingly, Section 6.0 of the DREIR analyzes various alternatives to the proposed project in evaluating the opportunity for avoiding or substantially lessening environmental impacts. Section 6.0 of the DREIR provides descriptions and analysis of each alternative in adequate detail to allow the decision-maker(s) to evaluate the proposed project in comparison to identified alternatives. As directed in CEQA Guidelines section 15126.6(c), an EIR shall include alternatives to the project that could feasibly accomplish most of the basic objectives of the project. A specific objective of the project was to provide a reliable local source of drinking water. While water conservation efforts have resulted in successfully stretching the existing water supply, and more gains from conservation are projected for the future, conservation in and of itself is not a "source of drinking water." It must also be emphasized that although an objective of the project is to provide a reliable local source of drinking water, most of the project objectives emphasize development of a drinking water source that is "independent of," "decreases pressures on" and "minimizes demands on" existing drinking water supplies (i.e., imported water supplies and local groundwater supplies). (See the list of project objectives on page 6-1 of the DREIR.) Desalinated seawater is unique because it does not fall into the categories of either "imported water" or"local groundwater." In contrast, water reuse projects are dependent on existing water supplies because, by their very nature, they "recycle" existing imported or local groundwater supplies. In addition, water reuse projects do not produce direct use potable/drinking water. DHS will not allow recycled water to be used as a direct use potable water source. Because there are no feasible alternative water sources to evaluate that meet the objectives of the project, an alternative water source "alternative" was not included in the DREIR. As directed in CEQA Guidelines section 15126.6(c), an EIR shall include alternatives to the project that could avoid or substantially lessen one or more of the significant effects. The DREIR notes (at page 6-1) that with the exception of short-term air quality emissions associated with construction activities, "all potentially significant impacts" (which includes potential impacts to marine organisms and water quality) can be "mitigated to less than significant levels." Therefore, it is not anticipated that increased conservation efforts or any alternative water source (assuming there is one) will avoid or substantially lessen significant impacts when compared to the project. Section 6.0 of the DREIR evaluates five alternatives, including a "No Project' alternative, "Alternative Site" alternative, "Alternative Ownership and Operation" alternative, "Alternative Project Design" alternative, and "Reduced Facility Size" alternative. The "No Project' alternative conflicts with the primary purpose of the proposed project. It is not being considered and has been rejected by the City for the following reasons: The "No Project/No Development' alternative would: City of Huntington Beach January 9, 2006 Page 43 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 • not meet basic project objectives; • not remediate petroleum hydrocarbon contamination known to exist on-site; • not minimize demand on existing imported water system; • not create ecosystem and biologic resource benefits due to decreased pressures on existing water resources; • leave the existing degraded, abandoned fuel oil storage tanks in place; and • not preclude site development of a similar or worse nature. Table 1 ALTERNATIVE IMPACTS Alternative Impact Summate Matrix' Alternative Impact Meets (compared to the proposed project) Feasible Objectives No Project/No Development Less Yes No Alternative Site Equal/Greater Potentially No Alternative Ownership and Equal Yes Yes Operation Alternative Project Design Equal No Yes Reduced Facility Size* Less/Equal Yes Yes *Environmentally superior to the Applicant's proposal The "Alternative Site" alternative would potentially result in impacts greater than or equal to those of the proposed project situated in Huntington Beach (depending on site-specific conditions). This alternative would implement the project on either a site adjacent to the proposed subject site (identified in the Initial Study/NOP for this project) or within the City of San Clemente, City of Dana Point, or in San Onofre. This alternative is not being considered and has been rejected by the City for the following reasons: The "Alternative Site" alternative would: • not substantially reduce identified impacts associated with the proposed project; • not avoid the unavoidable significant impact for short-term air quality; • result in potentially greater impacts for those alternative sites requiring a new ocean intake/outfall; • may result in significant aesthetic and/or marine biological impacts; and • would have greater impacts due to sensitive surrounding areas. The "Alternative Ownership" Alternative would not change any of the design or operational features of the project. Rather, this alternative consists of the exact same project owned and operated by a public entity. The project proponent, a private entity, has already obtained lease rights to the site through negotiations with the current land owner(AES Huntington Beach, LLC). For this alternative to be feasible, a public entity would first need to negotiate with the applicant or otherwise obtain lease rights to the site. Assuming that lease rights of the site were acquired by a public entity, this alternative would result in the same environmental impacts as the proposed project (under private ownership). This alternative is not being considered and has City of Huntington Beach January 9, 2006 Page 44 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 been rejected by the City because no public entity has shown any interest in acquiring the lease rights to the site. Moreover, if a public water district obtained the necessary property interest in the HBGS site by condemnation or negotiation and chose to construct a seawater desalination facility, the City would lose the ability to permit/review the overall project and site design details, and would only have limited permitting authority for secondary approvals such as encroachment permits, per the California Government Code. In fact, the water agency could build a seawater desalination facility on the site even if the City changed the zoning to preclude such a use. In addition, the public entity would complete and certify their own EIR on the project. The EIR could be certified by the public entity over the objections of the City. The "Alternative Project Design" alternative would incorporate a different method of desalination (such as multi-effect distillation, or MED) or an alternative seawater intake collection system (such as vertical wells, Ranney wells, infiltration galleries, and seabed infiltration systems). The IVIED alternative is infeasible due to the extreme height required for operation of the vertical tubes (300 feet) and the dependency on an electrical power plant for generation of steam. Alternative intake methods are infeasible primarily due to the number of vertical/Ranney wells necessary for a 50 mgd project. A vertical/Ranney well system would require at least 24 individual wells situated either on the beach or nearby, spaced at a minimum distance of 200 feet and would require pipelines to interconnect each facility. This would result in significant construction-related and long-term operational impacts due to large-scale disruption of the beach and/or coastal areas. Other alternative intake methods, such as an infiltration gallery or seabed infiltration system, would also be infeasible due to significant land use and/or marine biological impacts (a 1.8-mile, 22-acre area of disturbance on the beach required for an infiltration gallery or a 23-acre excavation area on the seafloor for a seabed infiltration system). It is also important to note that none of these alternative "beach well' seawater intake systems have ever been successfully designed, permitted and operated in the United States, while the technology and track record for traditional seawater desalination has been demonstrated in the United States and internationally. An alternative discharge location (the Orange County Sanitation District [OCSD] outfall) was also analyzed as an alternative. This alternative is also rejected, since OCSD has indicated that they do not have the capacity to accommodate the waste stream from the proposed desalination project. The "Alternative Project Design" alternative is not being considered and has been rejected by the City because it would: • Not substantially reduce impacts in comparison to the proposed project; and • Be either technically or financially infeasible to implement. The "Reduced Facility Size" Alternative would reduce the output of project water to approximately 25 mgd. The design and operation of the proposed desalination facility would generally remain the same. However, this alternative would reduce the size of the facility, the amount of seawater required to produce water, and the amount of concentrated seawater discharged back into the HBGS outfall. The 25 mgd alternative would not significantly reduce potential environmental impacts when compared to the proposed project. In addition, this alternative would result in a substantial decrease in the amount of desalinated water that could be produced, and thus a substantial increase in the cost of the desalinated water. While the Reduced Facility Size alternative may result in slightly reduced impacts in comparison to the proposed project, the 25 mgd alternative would result in providing water at a cost that would not be acceptable to Orange County water City of Huntington Beach January 9, 2006 Page 45 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No. 00-02 purveyors, and would not produce a sufficient amount of desalinated water to meet projected future demand. Implementation of the 25 mgd alternative would not avoid the project's identified unavoidable construction related air quality impact, and would reduce the water quality benefits of the project as proposed. As such, this alternative is not presently under consideration. The "Reduced Facility Size" alternative is not being considered and has been rejected by the City because it would: • Not provide a sufficient amount of water that would meet the projected future water needs; and • Reduce overall water supply reliability that is sustainable and independent of climatic conditions. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable". The CEQA Guidelines require that, when a public agency allows for the occurrence of significant effects which are identified within the Final REIR but are not at least substantially mitigated, the agency shall seek in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination. To the extent the significant effects of a project are not avoided or substantially lessened to a level of insignificance, the City of Huntington Beach, having reviewed and considered the information contained within the Final Recirculated Environmental Impact Report for the project, and having reviewed and considered the information contained within the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to a less than significant level where feasible, and furthermore, that alternatives to the project are either infeasible because they have greater environmental impacts, do not provide the benefits of the project, do not eliminate the project's unavoidable significant air quality impact, or are otherwise socially or economically infeasible. The environmental analysis undertaken for the Seawater Desalination Project at Huntington Beach indicates that, while mitigation measures would be effective in reducing the level of certain short-term air quality impacts, the project may still result in significant adverse impacts in regards to short-term air quality. It should be noted that the project's unavoidable adverse impacts would occur under current General Plan designations. The City of Huntington Beach, as lead agency and decision-maker for the project, has reviewed and considered the information contained in the FREIR prepared for the Seawater Desalination Project at Huntington Beach and the public record. The City finds that the benefits of the Project include the following: City of Huntington Beach January 9, 2006 Page 46 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 ❖ The Seawater Desalination Project at Huntington Beach will provide a reliable source of potable water to Orange County that is sustainable independent of climatic conditions and the availability of imported water supplies and local groundwater supplies. The Project offers Orange County's water agencies up to 50 million gallons per day (MGD) or 56,000 acre-feet of water per year to include in their portfolio of available water resources. Water conservation efforts have resulted in successfully stretching the developed water supply, and more gains from conservation are projected for the future. Still, the California Department of Water Resources predicts that the South Coast Region (and the entire State) will face significant water shortages by the year 2020. While the amount of water produced by the Project is only a small percentage of the current 650 MGD (710,000 acre-feet per year) Orange County water demand, it is an important drought-proof, renewable supply that will enhance the overall portfolio of water resources available to Orange Count water agencies.es. ❖ The Seawater Desalination Project at Huntington Beach will provide product water that meets the requirements of the Safe Drinking Water Act (SDWA) and the California Department of Health Services (DHS). ❖ The Seawater Desalination Project at Huntington Beach will reduce the salt imbalance of current imported water supplies by providing a potable water source with lower salt loads for blending with existing supplies. ❖ The Seawater Desalination Project at Huntington Beach will remediate the subject site of on-site contaminants resulting from approximately 35 years of use as a fuel oil storage facility thereby protecting the health and safety of those in the surrounding community. ❖ The Seawater Desalination Project at Huntington Beach will create ecosystem and biological resources benefits that may accrue due to decreased pressures on existing water sources. The Orange County Water District (OCWD) has identified that Santa Ana River Groundwater Basin has been overdrafted by more than 400,000 acre feet due to drought conditions of the last three years. The Project could offset withdrawals from the groundwater basin during dry years, allowing the Groundwater Basin to recharge. The Project could also offset demands on imported supplies transported from the Colorado River and/or Northern California, allowing more water to remain available for use in environmentally sensitive areas in those locations. ❖ The Seawater Desalination Project at Huntington Beach will minimize demands on the existing imported water system. Southern California could not exist without its extensive imported water supply system. The Metropolitan Water District of Southern California ("MWD"), together with many local water agencies, operates numerous water facilities to transport, store and recycle water supplies to meet the needs of Orange County and the surrounding Southern California region. Given the announced cutbacks of water supply from the Colorado River and the continuing environmental water demands on the State Water Project in Northern California, the water produced by the Seawater Desalination Project at Huntington Beach could be dedicated by Orange County water agencies to simply replacing existing water supplies for current Orange County residents and future generations. ❖ The Seawater Desalination Project at Huntington Beach will provide a continuous monitoring and protection of the Pacific Ocean water in the vicinity of the HBGS intake pipeline located offshore from Huntington Beach. City of Huntington Beach January 9, 2006 Page 47 of 48 Seawater Desalination Project at Huntington Beach FINDINGS OF FACTS Recirculated EIR No.00-02 ❖ The Seawater Desalination Project at Huntington Beach will serve high quality desalinated water through portions of the City distribution system and provide a drought proofing of 33% of the City's imported water supply. ❖ The Seawater Desalination Project at Huntington Beach will provide a local emergency water supply. ❖ The Seawater Desalination Project at Huntington Beach will improve the aesthetics of the area through the demolition of three unused 40-foot high fuel storage tanks and replacing them with lower profile, modern, and more attractive structures. ❖ The Seawater Desalination Project at Huntington Beach will install perimeter improvements including a 10 foot (Edison) to 20 foot (Newland) landscape planter and an eight foot high wall along the project's street frontage for an overall cohesive appearance with the HBGS facility along Newland Street. ❖ The Seawater Desalination Project at Huntington Beach will improve the circulation in the area through the dedication and improvement of additional right- of-way along Edison Avenue. ❖ The Seawater Desalination Project at Huntington Beach will provide a new source of long term annual property tax revenue for the city, especially the redevelopment zone located in the South East area of the City. ❖ The Seawater Desalination Project at Huntington Beach will provide a new source of long term annual revenue for the city from Franchise Agreement. ❖ The Seawater Desalination Project at Huntington Beach will provide higher water pressure in a portion of City's distribution system, thereby allowing the city to realized a cost savings. ❖ The Seawater Desalination Project at Huntington Beach will provide these benefits at no cost to the tax payers. Based on this Statement of Findings of Facts and on all of the evidence presented, the City of Huntington Beach finds that the benefits of the Seawater Desalination Project at Huntington Beach (as described above) outweigh the adverse short-term air quality impacts associated with the construction of Project (as described in Section 5.0 of this Statement of Findings of Facts). City of Huntington Beach January 9, 2006 Page 48 of 48 ATTACHMENT 3 SEAWATER DESALINATION PROJECT AT HUNTINGTON BEACH SCH# 2001051092 MITIGATION MONITORING AND REPORTING CHECKLIST MITIGATION MONITORING PROGRAM The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document, which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, this Mitigation Monitoring Program includes the attached MITIGATION MONITORING AND REPORTING CHECKLIST that has been prepared for the Seawater Desalination Project at Huntington Beach. This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation measure; and 3) retention of records in the Seawater Desalination Project at Huntington Beach file. The City of Huntington Beach certified the Seawater Desalination Project at Huntington Beach Recirculated Environmental Impact Report ("REIR") by adopting Resolution No. 2005-62, dated September 6, 2005. Because the decision to approve the project's Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 was continued until January 9, 2006, the City Council received new staff reports, additional testimony and late communications pertaining to the project, including new staff reports, additional testimony and late communications pertaining to the conditions of approval. In connection with City Council approval of Conditional Use Permit No 02-04 and Coastal Development Permit No. 02-05, the City approves this Mitigation Monitor- ing Program supplementing Resolution 2005-62. None of the supplemental information changes the conclusions made by the City in connection with the adoption of Resolution 2005-62. This Mitigation Monitoring Program delineates responsibilities for monitoring the project, but also allows the City of Huntington Beach flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: • The City of Huntington Beach distributes reporting forms to the appropriate entities for verification of compliance. City of Huntington Beach January 9, 2006 1 ATTACHMENT B • Departments/agencies with reporting responsibilities will review the EIR, which provides general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to City of Huntington Beach as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. • Responsible parties provide the City of Huntington Beach with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. • The City of Huntington Beach or Applicant prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. • Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the Mitigation Monitoring Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City of Huntington Beach. Such changes could include reassignment of monitoring and reporting responsibilities, program redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. City of Huntington Beach January 9, 2006 2 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY 5.1 LAND USE/RELEVANT PLANNING None required. 5.2 GEOLOGY, SOILS &SEISMICITY GEO-1 A detailed geotechnical Project Soils Engi- Concurrent City of Hunting- City of Huntington report shall be pre- neer with Building ton Beach De- Beach Planning pared and submitted Permit Appli- partment of Pub- Department with the building permit cation lic Works/De- (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) application for the pro- partment of posed desalination fa- Building and cility. This analysis Safety shall Include on-site soil (Title of Monitoring Report) (Signature/Date of Monitoring Agency) sampling and labora- tory testing of materials to provide detailed rec- (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) ommendations regard- ing grading, founda- tions, retaining walls, streets, utilities, reme- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) dial work, over excav- tion/recompaction, de- watering, water quality, (TnleofMonronng Report) (Signature/Date of Monitoring Agency) and chemical/fill properties of un- derground items including buried pipe (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and concrete and protection thereof. The reports shall specifically (Title of Monitoring Report) (Signature/Date of Monitoring Agency) address lateral spread- ing, flood control chan- nel bank stability, lique- faction potential and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) groundwater con- straints. Appropriate recommendations shall (title of Monitoring Report) (Signature/Date of Monitoring Agency) be provided to mitigate potentially adverse conditions. The geo- technical report shall (Title of Monitoring Report) (Signature/Date of Monitoring Agency) also be submitted to the Department of Pub- City of Huntington Beach 3 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY and approval in con- (THle of Monitoring Report) (Signature/Date of Monitoring Agency) junction with the grad- ing plan. GEO-2 In conjunction with the Project Engineer Concurrent City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) submittal of application with Prelimi- ton Beach De- Beach Planning for a precise grading nary/Precise partment of Pub- Department permit, the Applicant Grading Per- lic Works/Build- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall demonstrate to mits ing and Safety the satisfaction of the City Engineer that the preliminary geotechnl- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cal report recommen- dations have been in- corporated into the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) grading plan unless otherwise specified in the final geotechnical report and/or by the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City Engineer. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) GEO-3 Excavation for the pro- Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) posed project shall im- tractor struction ton Beach De- Beach Planning plement dewatering ac- partment of Pub- Department tivities in compliance Ilc Works (rile of Monitoring Report) (Signature/Date of Monitoring Agency) with NPDES regula- tions. Pumped groundwater shall be City of Huntington Beach 4 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY groundwater shall be (idle of Monitoring Report) (Signature/Date of Monitoring Agency) sampled, tested, and (if deemed necessary) treated prior to dis- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) charge. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) GEO-4 As native on-site soils Project Engineer Plan Review City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) are compressible upon ton Beach De- Beach Planning placement of structural partment of Pub- Department loads, project imple- lic Works/De- dleof Mondoring Report)p ) (Signature/Date of Monitoring Agency) mentation shall imple- partment of ment complete removal Building and and recompaction of Safety compressible soils or (Title of Monitoring Report) (Signature/Date of Monitoring Agency) use of piles and grade beams to support on- site structures. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 5 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) GEO-5 Type V cement shall be Project Engineer Plan Review City of Hunting- City of Huntington (Tftle of Monitoring Report) (Signature/Date of Monitoring Agency) used for concrete and ton Beach De- Beach Planning buried metal pipes shall partment of Pub- Department utilize special meas- lic Works/De- (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) ures (coatings, etc.) to partment of protect against the ef- Building and fects of corrosive soils. Safety (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) - (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 6 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (fdle of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) GEC-6 Due to the potential for Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ground shaking in a tractor struction ton Beach De- Beach Planning seismic event, the pro- partment of Pub- Department ject shall comply with lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the standards set forth in the UBC (most re- cent edition) to assure seismic safety to the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) satisfaction of the De- partment of Building and Safety prior to is- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) suance of a building permit, including com- pliance with California Division of Mines and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Geology Special Publi- cation 117 (Guidelines for Evaluating and Miti- gating Seismic Hazards (Title of Monitoring Report) (Signature/Date of Monitoring Agency) in California, adopted March 13, 1997). How- ever, given the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) proximity of the site to the Newport-Inglewood and Compton Blind Thrust Faults, more (Title of Monitoring Report) (Signature/Date of Monitoring Agency) stringent measures may be warranted. City of Huntington Beach 7 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) GEO-7 As the South Branch Project Engineer Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Fault (situated beneath ance of Build- ton Beach De- Beach Planning the subject site) is clas- ing Permit partment of Pub- Department sified as Category C by lic Works/De- (Tale of Monitoring Re port) ) (Signature/Date of Monitoring Agency) the City of Huntington partment of Beach General Plan, Building and special studies and Safety subsurface investiga- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion (including a site specific seismic analy- sis) shall be performed (T"itleof Monitoring Report) ) (Signature/Date of Monitoring Agency) prior to issuance of a grading permit, to the approval of the City Engineer. The subsur- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) face investigation shall include CPT and ex- ploratory borings to de- (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) termine the fault rup- ture potential of the South Branch Fault, which underlies the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) subject site. (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 8 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT . MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY GEO-8 Due to the potential for Project Soils Engi- Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) liquefaction within the neer ance of Grad- ton Beach De- Beach Planning project vicinity, the Ap- ing Permit partment of Pub- Department plicant shall comply tic Works/De- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) with the standards set partment of forth in the UBC (most Building and recent edition) for struc- Safety tures on-site to assure (title of Monitoring Report) (Signature/Date of Monitoring Agency) safety of the occupants to the satisfaction of the Department of Building (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and Safety prior to is= suance of a building permit. These stan- dards include compl- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ance with the California Geological Survey Spe- cial Publication 117 (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Guidelines for Evaluat- ing and Mitigating Seismic Hazards in California, adopted (Title of Monitoring Report) (Signature/Date of Monitoring Agency) March 13, 1997) and Recommended Proce- dures for implementa- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion of California Geo- logical Survey Special Publication 117 - Guidelines for Analyz- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ing and Mitigating Liq- uefaction in California (Dr. Geoffrey R. Martin (Title of Monitoring Report) (Signature/Date of Monitoring Agency) et al, May 1999). GEO-9 The proposed project Project Engineer Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall incorporate ade- ance of Build- ton Beach De- Beach Planning quate measures to sta- ing Permit partment of Pub- Department bilize structures from lic Works/De- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) on-site soils known to partment of be prone to liquefac- Building and tion. Typical methods Safety include, but are not lim- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ited to: City of Huntington Beach 9 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY • Over excavation (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and recompaction of soils; • in-situ soil denslfica- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion (such as vibro- flotation or vibro- replacement); • injection grouting; (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and • deep soil mixing. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) GEO-10 The site specific geo- Project Engineer Plan Review City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) technical investigation ton Beach De- Beach Planning for the proposed project partment of Pub- Department shall analyze the poten- lic Works/De- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tial for lateral spread partment of on-site. If deemed a Building and possibility, adequate Safety subsurface stabilization (Title of Monitoring Report) (Signature/Date of Monitoring Agency) practices (similar to those utilized for lique- faction) shall be incor- (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) porated prior to the construction of on-site structures. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 10 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) 5.3 HYDROLOGY AND WATER QUALITY HWQ-1 Prior to issuance of Applicant Prior to Issu- City of Hunting- City of Huntington precise grading or ance of Grad- ton Beach De- Beach Planning building permits, which ing/Building partment of Pub- Department ever comes first, the Permit lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) applicant shall submit and obtain approval from the City of Hunt- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ington Beach of a Wa- ter Quality Manage- ment Plan (WQMP) specifically Identifying (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) Best Management Practices (BMPs) that will be used on-site to (Title of Monitoring Report) (Signature/Date of Monitoring Agency) control predictable pol- lutant runoff. . This WQMP shall identify, at a minimum, the routine, (Title of Monitoring Report) (Signature/Date of Monitoring Agency) structural and non- structural measures specified in the Coun- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tywide NPDES Drain- age Area Management Plan (DAMP) Appendix City of Huntington Beach 11 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY which etas s imple- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) mentation of the BMPs whenever they are ap- plicable to a project, the (TKle of Monitoring Report) (Signature/Date of Monitoring Agency) assignment Of long- term maintenance re- sponsibilities to the ap- plicant, and shall refer- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ence the location(s) of structural BMPs. The applicable BMPs in- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) clude: • Plant materials that require fertilization (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and pest control shall be maintained In accordance with (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Orange County Management Guidelines for Use (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of Fertilizers and Pesticides; and • BMP structures and facilities shall be (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cleaned and main- tained on a sched- uled basis by a Fa- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cility Operator ap- pointed person. HWQ-2 Appropriate site spe- Project Hydrologist Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cific hydrology and hy- ance of Grad- ton Beach Public Beach Planning draulic analysis will be ing/Building Works Department performed for the pro- Permit (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ject prior to the issu- ance of grading or building permits, which ever comes first. The (Title of Monitoring Report) (Signature/Date of Monitoring Agency) analysis shall include mitigation measures, if necessary, in regards (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to storm water drainage and flooding. City of Huntington Beach 12 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) HWQ-3 Prior to the issuance of Project Engineer Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) building permits (not in- ance of Grad- ton Beach De- Beach Planning cluding demolition per- ing/Building partment of Pub- Department mits) an appropriate Permit lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) on-site drainage sys- tem shall be installed for the project that inte- grates permanent (Title of Monitoring Report) (Signature/Date of Monitoring Agency) stormwater quality fea- tures. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 13 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitonng Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) 5.4 AIR QUALITY None required. 5.5 NOISE N0I-1 Prior to the issuance of Acoustical Consult- Prior to Issu- City of Hunting- City of Huntington any building or grading ant ance of Grad- ton Beach Plan- Beach Planning permits, the Applicant ing/Building ning Department Department shall prepare an acous- Permit (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tical analysis report and appropriate plans, pre- pared under the super- vision of a City- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) approved acoustical consultant, describing the stationary noise (Title of Monitoring Report) (Signature/Date of Monitoring Agency) generation potential and noise mitigation measures (such as the installation of double (Title of Monitoring Report) (Signature/Date of Monitoring Agency) walls, sound absorbing materials, acoustic bar- riers, sound control cur- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tains, and sound baf- fles), if needed, which shall be included in the plans and specifca- (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) tions of the project. All stationary equipment City of Huntington Beach 14 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY shall be designed to in- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) sure that noise levels at the HBGS property line do not exceed the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City's Industrial noise standard of 70.0 dBA and will be subject to the approval of the City (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of Huntington Beach. 5.6 PUBLIC SERVICES AND UTILITIES PSU-1 Prior to the issuance of Applicant Prior to Issu- City of Hunting- City of Huntington building permits, the ance of Build- ton Beach Plan- Beach Planning applicant will be re- ing Permit ning Department/ Department quired to pay applicable Affected School (Title of Monitonng Report) (Signature/Date of Monitoring Agency) school mitigation fees District pursuant to State law. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 15 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PSU-2 The Applicant will be Applicant Prior to Issu- City of Hunting- City of Huntington (rrtle of Monitoring Report) (Signature/Date of Monitoring Agency) required to pay appro- ance of Build- ton Beach De- Beach Planning priate traffic impact ing Permit partment of Department fees as determined by Building and (Title of MonitoringReport) the City of Huntington Safety/Depart- (Signature/Date of Monitoring Agency) Beach Department of ment of Public Public Works. Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PSU-3 The Applicant will be Applicant Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) required to pay five per- ance of Build- ton Beach De- Beach Planning cent of the OCSD con- ing Permit partment of Department City of Huntington Beach 16 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY connection fee to the Public Works/ (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington OCSD Beach. (rifle of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) PSU-4 All work within, over Applicant Prior to Con- OCFDC/County City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and under the OCFCD struction of Orange Beach Planning and County of Orange Within, Over, Department right-of-way should not and Under (Title of Monitoring Report) (Signature/Date of Monitoring Agency) commence until en- OCFCD/ croachment permits for County of Or- the proposed work ange Right of have been obtained Way (Title of Monitoring Report) (Signature/Date of Monitoring Agency) from the County. City of Huntington Beach 17 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tile of Monitoring Report) (Signature/Date of Monitoring Agency) PSU-5 The Applicant will be Applicant Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) required to pay appro- ance of Build- ton Beach De- Beach Planning priate fees for water ing Permit partment of Pub- Department service connections, lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) installation, and meters. In addition, the City re- quires payment of a service fee for industrial (Title of Monitoring Report) (Signature/Date of Monitoring Agency) customers. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) i (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 18 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PSU-6 The Applicant will coor- Applicant Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) dinate with the City's ance of Build- ton Beach De- Beach Planning recycling representative ing Permit partment of Pub- Department to ensure that the pro- lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) posed project is in com- pliance with the City's waste reduction and recycling program. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 19 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PSU-7 Prior to the issuance of Applicant Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) a grading permit, the ance of Grad- ton Beach De- Beach Planning Applicant will prepare a ing Permit partment of Pub- Department waste reduction plan lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) for the generation of construction and opera- tional waste from the proposed project. This (Title of Monitoring Report) (Signature/Date of Monitoring Agency) plan will be submitted to the recycling coordi- nator from the City of (Title of MonitoringReport) (Signature/Date of Monitoring Agency) Huntington Beach who will ensure that AB 939 requirements are prop- erly addressed. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) 5.7 AESTHETICS/LIGHT&GLARE ALG-1 For areas visible by Project Architect Plan Review City of Hunting- City of Huntington adjacent existing or ton Beach Plan- Beach Planning proposed residential ning Department Department City of Huntington Beach 20 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY areas, exterior me- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) chanical equipment shall be screened from view on all sides, and (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) rooftop mechanical equipment shall be set back 15 feet from the exterior edges of the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) building. Equipment to be screened includes, but is not limited to, (Title of Monitoring Report) (Signature/Date of Monitoring Agency) heating, air condition- ing, refrigeration equip- ment, plumbing lines, duct-work and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) transformers. Said screening shall be ar- chitecturally compatible with the building in (Title of Monitoring Report) (Signature/Date of Monitoring Agency) terms of materials and colors. If screening is not designed specifl- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cally into the building, a rooftop mechanical equipment plan show- ing screening must be (Title of Monitoring Repoli) (Signature/Date of Monitoring Agency) submitted for review and approval with the (Title of Monitoring Report) (Si nature/Dale of Monitoring Agency) application or building g g g » permit(s). ALG-2 If outdoor lighting is Project Architect Plan Review City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) included, light intensity ton Beach De- Beach Planning shall be limited to that partment of Department necessary for adequate Building and (Title of Monitoring Repoli) (Signature Date of Monitoring Agency) security and safety. All Safety/Planning outside lighting shall be Department directed to prevent "spillage" onto adjacent mitleof Report) (Signature/Date of Monitoring Agency) properties and shall be City of Huntington Beach 21 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY shown on the site plan (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and elevations. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) 5.8 HAZARDS & HAZARDOUS MATERIALS None required. 5.9 CONSTRUCTION RELATED IMPACTS CON-1 Concurrent with the Project Engineer Concurrent City of Hunting- City of Huntington submittal of the Grad- with Submittal ton Beach De- Beach Planning ing Plan, the Applicant of Grading partment of Pub- Department shall submit an Erosion Plan lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Control Plan to the City of Huntington Beach Department of Public Works which would in- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) clude the following measures: a) Where necessary, (rdle of Monitoring Report) (Signature/Date of Monitoring Agency) temporary and/or permanent erosion control devices, as City of Huntington Beach 22 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY control devices, as (title of Monitoring Report) (Signature/Date of Monitoring Agency) approved by the Department of Pub- lic Works, shall be (Title of Monitoring Report) (Signature/Date of Monitoring Agency) employed to control erosion and provide safety during the rainy season from (Title of Monitoring Report) (Signature/Date of Monitoring Agency) October 15th to April 15th. b) Equipment and (Title of Monitoring Report)(T P ) (Signature/Date of Monitoring Agency) workers for emer- gency work shall be made available at all times during the (Tige of Monnonng Report) (Signature/Date of Monitoring Agency) rainy season. Nec- essary materials shall be available on-site and stock- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) piled at convenient locations to facilitate the rapid construc- tion of temporary (Title of Monitoring Report) (Signature/Date of Monitoring Agency) devices when rain is imminent. c) Erosion control de- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) vices shall not be moved or modified without the approval of the Department (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of Public Works. d) All removable ero- sion protective de- vices shall be in (Title of Monitoring Report) (Signature/Date of Monitoring Agency) place at the end of each working day when the 5-day rain (Title of Monitoring Repo) (Signature/Date of Monitoring Agency) probability forecast exceeds 40%. e) After a rainstorm, all silt and debris shall be removed from (Title of Monitoring Report) (Signature/Date of Monitoring Agency) streets, check berms and basins. City of Huntington Beach 23 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY f) Graded areas on (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the permitted area perimeter must drain away from the face of the slopes at (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the conclusion of each working day. Drainage is to be di- rected toward desllt- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ing facilities. g) The permittee and contractor shall be responsible and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall take necessary precautions to pre- vent public trespass onto areas where (Title of Monitoring Report) (Signature/Date of Monitoring Agency) impounded water creates a hazardous condition. h) The permittee and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) contractor shall in- spect the erosion control work and ensure that the work (Title of Monitoring Report) (Signature/Date of Monitoring Agency) is in accordance with the approved plans. i) Water shall be ap- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) plied to the site twice daily during grading operations or as otherwise di- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) rected by the County of Orange Inspector in compli- ance with South (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Coast AQMD rule 403 (Fugitive Dust Emissions). A grad- ing operations plan (Title of Monitoring �)Re n (Signature/Date of MonitoringA may be required in- cludingAgency) watering procedures to mini- City of Huntington Beach 24 January 9, 2006 Seawater Desalination Project at Huntington Beach . MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY mize dust, and (Tile of Monitoring Report) (Signature/Date of Monitoring Agency) equipment proce- dures to minimize vehicle emissions from grading equip- ment. CO Construction of the Project Engineer Plan Review City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) project shall include ton Beach De- Beach Planning Best Management partment of Pub- Department Practices (BMPs) as lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) stated in the Drainage Area Management Plan (DAMP) by the Orange County Stormwater (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Management Program. BMPs applicable to the project include the fol- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) lowing: • Potential pollutants include but are not limited to: solid or (Title of Monitoring Report) (Signature/Date of Monitoring Agency) liquid chemical spills; wastes from paints, stains, seal- (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) ants, glues, limes, pesticides, herbi- cides, wood pre- servatives and sol- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) vents; asbestos fi- bers, paint flakes, or stucco fragments; (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) fuels, oils, lubri- cants, and hydrau- lic, radiator, or bat- tery fluids; fertiliz- (idle of Monitoring Report) (Signature/Date of Monitoring Agency) ers, vehicle/ equip- ment wash water and concrete wash (title of Monitoring Report) (Signature/Date of Monitoring Agency) water; concrete, de- tergent, or floatable wastes; wastes from any engine/ equip- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ment steam clean- ings or chemical City of Huntington Beach 25 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY degreasing, and su- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) perchlorinated po- table water line rins- ings. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • During construction, disposal of such materials should (Title of Monitoring Report) (Signature/Date of Monitoring Agency) occur in a specified and controlled tem- porary area on-site, (Title of Monitoring Report) (Signature/Date of Monitoring Agency) physically separated from potential stormwater run-off, (Title of Monitoring Report) (Signature/Date of Monitoring Agency) with ultimate dis- posal in accordance with local, state, and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) federal require- ments. CON-3 As part of its compli- Applicant Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ance with the NPDES ance of Grad- ton Beach De- Beach Planning requirements, the Ap- ing Permit partment of Pub- Department plicant shall prepare a lic Works/ Notice of Intent(NOI)to SARWQCB (title of Monitoring Report) (Signature/Date of Monito rig Agency) be submitted to the Santa Ana Regional Water Quality Control (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Board providing notifi- cation and intent to comply with the State of California general (Title of Monitoring Report) (Signature/Date of Monitoring Agency) permit. Prior to con- struction, completion of (Title of Monitoring Report) (Si nature/Date of Monitorin A a Storm Water Pollution g g Agency) y) Prevention Plan (SWPPP) will be re- quired for construction (Title of Monitoring Report) (Signature/Date of Monitoring Agency) activities on-site. A copy of the SWPPP shall be available and implemented at the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) construction site at all times. City of Huntington Beach 26 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-4 Prior to any dewatering Applicant Prior to Dewa- City of Hunting- City of Huntington (idle of Monitoring Report) (Signature/Date of Monitoring Agency) activities, the Applicant tering Activi- ton Beach De- Beach Planning shall obtain and comply ties partment of Pub- Department with a general dewater- Iic Works/ ing NPDES permit from SARWQCB (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the Santa Ana Regional Water Quality Control Board. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (rdle of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 27 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-5 The Applicant shall Project Engineer/ Plan Re- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) submit a dewatering Construction Con- view/During ton Beach De- Beach Planning plan for review and ap- tractor Construction partment of Pub- Department proval by the Santa lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Ana Regional Water Quality Control Board and the City of Hunting- ton Beach Department (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of Public Works. The Applicant would comply with the approved de- (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) watering plan. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monrionng Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-6 The Applicant shall Applicant/Con- Prior to Dewa- Orange County City of Huntington (Trite of Monitoring Report) (Signature/Date of Monitoring Agency) inform the Orange struction Contractor tering Opera- Water District Beach Planning County Water District Department City of Huntington Beach 28 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (OCWD) of its plans for tions/During (Title of Monitoring Report) (Signature/Date of Monitoring Agency) on-site dewatering, Construction and, if necessary, would acquire neces- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) sary permits and approvals from the OCWD to ensure that no adverse impacts on (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the groundwater basin or seawater intrusion barrier occur as a result (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of the proposed project. The Applicant would comply with any ap- proved dewatering (Title of Monitoring Report) (Signature/Date of Monitoring Agency) permits or plans. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-7 During dewatering op- Survey Crew During Dewa- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) erations, a survey pro- tering Opera- ton Beach De- Beach Planning gram shall be con- tions partment of Pub- Department ducted on surrounding Ilc Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) properties and struc- tures to ensure that movement or settle- ment from on-site de- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) watering operations does not occur. This City of Huntington Beach 29 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY surrey program would (Title of Monitoring Report) (Signature/Date of Monitoring Agency) be subject to approval by the City Engineer. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Mon tonng Report) (Signature/Date of Monitoring Agency) CON-8 Should on-site dewater- Applicant Prior to Dewa- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ing operations require tering Opera- ton Beach De- Beach Planning discharge into the sani- tions partment of Pub- Department tary sewer system the lic Works/OCSD (Title of Monitoring Report) (Signature/Date of Monitoing Agency) Applicant shall obtain applicable permits and approvals from the Or- ange County Sanitation (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) District (OCSD) and City of Huntington Beach Department of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Public Works. Should the dewatering dis- charge be directed to existing AES storm (Title of Monitoring Report) (Signature/Date of Monitoring Agency) drain facilities, the Ap- plicant shall ensure that City of Huntington Beach 30 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY dewatering is ad- (Idle of Monitoring Report) (Signature/Date of Monitoring Agency) dressed in the Appli- cant's SARWQCB NPDES permit. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-9 The project shall com- Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ply with SCAQMD Rule tractor struction ton Beach De- Beach Planning 402, which prohibits the partment of Pub- Department discharge from a facility lic (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of air pollutants that Works/SCAQMD cause injury, detriment, nuisance, or annoy- ance to the public or (Title of Monitoring Report) (Signature/Date of Monitoring Agency) that damage business or property. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 31 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-10 During clearing, grad- Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ing, earth moving, or tractor struction ton Beach De- Beach Planning excavation operations, partment of Department excessive fugitive dust Planning/ (Title of Monitoring Report) (Signature/Date of Monitoring Agency) emissions shall be con- SCAQMD trolled by regular water or other dust preventive measures using the fol- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) lowing procedures, as specified in the SCAQMD Rule 403. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • On-site vehicle speed shall be lim- ited to 25 miles per hour. (Title of Monitoring Report) (Signature/Date of Monitcnng Agency) • All material exca- vated or graded would be suff- (Title of Monitoring Report) ) (Signature/Date of Monitoring Agency) ciently watered to prevent excessive amounts of dust. Watering would (Title of Monitoring Report) (Signature/Date of Monitoring Agency) occur at least twice daily with complete coverage, prefer- (Tale of MonitoringReport) p ) (Signature/Dale of Monitoring Agency) able in the late morning and after work is done for the day. (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) • All material trans- ported on-site or City of Huntington Beach 32 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY off-site would be (Title of Monitoring Report) (Signature/Date of Monitoring Agency) either sufficiently watered or se- curely covered to (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) prevent excessive amounts of dust. • The area disturbed by clearing, grad- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ing, earth moving, or excavation operations would (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) be minimized so as to prevent excessive amounts (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • ?1ifideetcontrol tech- niques would be indicated in project specifications. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Compliance with the measure would be subject to pert- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) odic site inspec- tions by the City. • Visible dust be- yond the property (Title of Monitoring Report) (Signature/Date of Monitoring Agency) line emanating from the project would be pre- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) vented to the maxi- mum extent feasi- ble. CON-11 Prior to the issuance of Construction Con- During Con- City of Hunting- City.of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) any grading permits, tractor/Project En- struction/Plan ton Beach De- Beach Planning the Applicant shall en- gineer Review partments of Department sure evidence accept- Planning and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) able to the City of Hunt- Public Works ington Beach Depart- ment of Planning and Public Works that: (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • All construction vehicles or equip- ment, fixed or mo- (TKIe of Monitoring Report) (Signature/Date of Monitoring Agency) bile, operated within 1,000 feet of a dwelling shall be City of Huntington Beach 33 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY a dwelling shall be (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) equipped with properly operating and maintained (title of Monitoring Report) (Signature/Date of Monitoring Agency) mufflers; • All operations shall comply with the City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Beach Municipal Code Chapter 8.40 (Noise Control); (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Stockpiling and/or vehicle staging ar- eas shall be lo- cated as far as (Title of Monitoring Report) (Signature/Date of Monitoring Agency) practicable from residential areas; and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Notations in the above format, ap- propriately num- bered and included (Title of Monitoring Report) (Signature/Date of Monitoring Agency) with other nota- tions on the front sheet of grading (Title of Monaonng Report) (Signature/Date of Monitoring Agency) plans, would be considered as adequate evidence Of compliance With (Title of Monitoring Report) (Signature/Date of Monitoring Agency) this condition. CON-12 Should the project re- Construction Con- During Con- City of Hunting- City Of Huntington (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) quire off-site im- tractor struction ton Beach De- Beach Planning port/export of fill mate- partment of Pub- Department rial during demolition, lic (Title of Monitonn Report) (Signature/Date of Monitoring Agency) remediation, and con- Works/Caltrans struction, trucks shall utilize a route that is least disruptive to sen- (rr le of Monitoring Report) (Signature/Date of Monitoring Agency) sitive receptors, pref- erably Newland Street to Pacific Coast High- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) way to Beach Boule- vard to 1-405. Con- struction trucks shall be City of Huntington Beach 34 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY struction trucks shall be (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) prohibited from operat- ing on Saturdays, Sun- days and federal holi- (Tille of Monitoring Report) (Signature/Date of Monitoring Agency) days. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-13 To reduce project- Project Construc- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) related construction tion Contractor struction ton Beach De- Beach Planning noise impacts gener- partment of Pub- Department ated by the proposed tic Works (Title of Monitoring Report) ) (Signature/Date of Monitoring Agency) project, the following conditions shall be im- plemented: • Construction activi- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ties shall be limited to hours specified by the City Noise (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) Ordinance;and • Unnecessary idling of internal combus- tion engines shall (Title of Monitoring Report) (Signature/Date of Monitoring Agency) be prohibited. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 35 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitonng Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-14 Unless underground Project Engineer Prior to the City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) utility locations are well Issuance of ton Beach De- Beach Planning documented, as deter- Grading Per- partment of Pub- Department mined by the City of mit lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Huntington Beach Pub- lic Works Department, the project engineer shall perform geophysi- (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) cal surveys to identify subsurface utilities and structures, the findings of which shall be incor- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) porated into site de- sign. Pipelines or con- duits which may be en- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) countered within the excavation and graded areas shall either be re (Title of Monitoring Report) (Signature/Date of Monitoring Agency) located or be cut and plugged according to the applicable code re- quirements. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 36 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (idle of Monitoring Report) (Signature/Date of Monitoring Agency) CON-15 During construction, a Construction Con- During Con- City of Hunting- City of Huntington (ritle of Monitoring Report) (Signature/Date of Monitoring Agency) security fence, the tractor struction ton Beach De- Beach Planning height of which shall be partment of Pub- Department determined by the City lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of Huntington Beach Department of Building and Safety, shall be in- stalled around the pe- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) rimeter of the site. The construction site shall be kept clear of all (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) trash,weeds, etc. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (idle of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 37 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-16 Construction activities, Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to the extent feasible, tractor struction ton Beach De- Beach Planning shall be concentrated partment of Pub- Department away from adjacent lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) residential areas. Equipment storage and soil stockpiling shall be at least 100 feet away (Title of Monitoring Report) (Signature/Date of Monitoring Agency) from adjacent residen- tial property lines. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitonng Agency) (Title of Monitonng Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitonng Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-17 Prior to excavation of Remediation Con- Prior to Grad- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the contaminated and tractor ing ton Beach De- Beach Planning other areas for rough partment of Pub- Department grading, the project site lic Works (Title Re(T g port) (Signature/Date of Monitoring Agency) shall be cleared of all excess vegetation, sur- face trash, piping, de- City of Huntington Beach 38 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY face trash, piping, de- (The of Monitoring Report) (Signature/Date of Monitoring Agency) bris and other deleteri- ous materials. These materials shall be re- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) moved and disposed of properly (recycled if possible). (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-18 Proper excavation pro- Remediation Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cedures shall be fol- tractor diation ton Beach De- Beach Planning lowed to comply with partment of Pub- Department OSHA's Safety and lic Works/De- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Health Standards. If partment of applicable, the South Building and Coast Air Quality Man- Safety/ agement District OSHA/SCAQMD (idle of Monitoring Report) (Signature/Date of Monitoring Agency) (SCAQMD) Rule 1166 permit shall be ob- tained prior to the com- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) mencement of excava City of Huntington Beach 39 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion and remedial activi- ties. (rdle of Monrtonng Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-19 The contractor shall Remediation Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) follow all recommenda- tractor diation ton Beach De- Beach Planning tions contained within partment of Pub- Department the adopted Remedial lic Works/ Action Plan for the pro- OCHCA (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ject site. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (TAle of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 40 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-20 If asbestos or lead- Remediation Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) based paints are identi- tractor diation ton Beach De- Beach Planning fied in any on-site partment of Pub- Department structures, the contrac- lic Works/Plan- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) for shall obtain a quali- ning Depart- fied contractor to sur- ment/Departmen vey the project site and t of Building and assess the potential Safety/SCAQMD (Title of Monitoring Report) (Signature/Date of Monitoring Agency) hazard. The contractor shall contact the SCAQMD and the City (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) of Huntington Beach Departments of Plan- ning, Building and Safety, and Fire prior to (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) asbestos/lead paint removal. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (TNe of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 41 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-21 If any hazardous mate- Remediation Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) rials not previously ad- tractor diation ton Beach Fire Beach Planning dressed in the mitiga- Department Department tion measures con- (Tdle of Monitoring Report) (Signature/Date of Monitoring Agency) tained herein are identi- fied and/or released to the environment at any point during the site (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cleanup process, op- erations in that area shall cease immedi- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ately. At the earliest possible time, the con- tractor shall notify the City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Beach Fire Department of any such findings. Upon notification of the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) appropriate agencies, a course of action would be determined subject to the approval of the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) by the City of Hunting- ton Beach Department of Public Works and (idle of Monitoring Report) (Signature/Date of Monitoring Agency) Fire Department. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 42 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-22 All structures must be Remediation Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cleaned of hazardous tractor diation ton Beach De- Beach Planning materials prior to off- partment of Pub- Department site transportation, or lic Works/Fire (Title of Monitoring Report) (Signature/Date of Monitoring Agency) hauled off-site as a Department waste in accordance with applicable regula- tions. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (title of Monitoring Report) (Signature/Date of Monitoring Agency) (T¢le of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-23 Structure removal op- Remediation Con- Prior to Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) erations shall comply tractor diation ton Beach De- Beach Planning with all regulations and partment of Pub- Department . standards of the Iic Works/ (rrile of Monitoring Report) (Signature/Date of Monitonng Agency) SCAQMD. SCAQMD City of Huntington Beach 43 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (rdle of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-24 The contractor shall Remediation Con- Prior to Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) post signs prior to tractor diation ton Beach Plan- Beach Planning commencing remedia- ning Department/ Department tion, alerting the public Department of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to the site cleanup op- Public Works erations in progress. The size, wording and placement of these (Title of Monitoring Report) (Signature/Date of Monitoring Agency) signs shall be reviewed and approved by the City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Beach Departments of City of Huntington Beach 44 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY Planning and Public (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Works. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-25 Any unrecorded or un- Construction Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) known wells uncovered tractor diation/Con- ton Beach Fire Beach Planning during the excavation struction Department/ Department or grading process DOGGR (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall be immediately reported to and coordi- nated with the City of Huntington Beach Fire (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Department and State Division of Oil, Gas, and Geothermal Re- sources (DOGGR), and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall meet City Specifi- cation 422 — Oil Well Abandonment Permit (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Process. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 45 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitonng Agency) (Title of Monitoring Report) (Signature/Date of Monitonng Agency) (Title of Monitoring Report) (Signature/Date of Monitonng Agency) CON-26 During remediation, if Remediation Con- During Reme- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) any soil were found to tractor diation ton Beach De- Beach Planning be hazardous due to partment of Pub- Department contamination other lic Works/Fire (Title of Monitoring Report) (Signature/Date of Monitoring Agency) than petroleum Department hydrocarbons, it would be segregated, stockpiled, and handled (Title of Monitoring Report) (Signature/Date of Montonng Agency) separately. (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitonng Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 46 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-27 Dust and volatile or- Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ganic emissions from tractor struction ton Beach De- Beach Planning excavation activities partment of Pub- Department shall be controlled lic Works/ (Title of Monitoring Report) (Signature/Date of Monitoring Agency) through water spray or RWQCB/ by employing other ap- SCAQMD proved vapor suppres- sants including hy- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) dromulch spray in ac- cordance with Regional Water Quality Control (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Board (RWQCB)Waste Discharge Require- ments and the South Coast Air Quality Man- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) agement District (SCAQMD) permit con- ditions. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 47 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-28 Prior to the excavation Construction Con- Prior to Pipe- County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) process for pipeline tractor line Construc- ange Integrated Beach Planning construction, the con- tion Waste Manage- Department tractor shall coordinate ment Depart- (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) with the County of Or- ment ange's Integrated Waste Management Department in order to (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ensure that proposed pipeline construction does not impact drain- (Tale of Monitoring Report) ) (Signature/Date of Monitoring Agency) age of the former Can- nery Street Landfill. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) CON-29 Methane migration fea- Project Engineer Plan Review City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tures would be consis- ton Beach De- Beach Planning tent with the require- partment of Pub- Department ments of the City of lic Works/Or- (Tale of MonitoringRepo p ) (Signature/Date of Monitoring Agency) Huntington Beach ange County Specification Number 429 and other a lica- City of Huntington Beach 48 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY 429 and other applica- Health Care (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ble state and federal Agency regulations. The meth- ane migration features ale Report)(i of Monitoring (Signature/Date of Monitoring Agency) shall be submitted for review and approval to the Orange County Health Care Agency (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (OCHCA), Environ- mental Health Division and the City of Hunting- (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) ton Beach Fire De- partment. (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-30 Studies to evaluate the Landfill Gas Con- Prior to Pipe- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) potential for landfill gas sultant line Construc- ton Beach De- Beach Planning (LFG) generation and tion partment of Pub- Department migration would be lic Works/Fire (Title of Monitoring Report) (Signature/Date of Monitoring Agency) completed prior to im- Department/ plementation of the SCAQMD/ proposed water deliv- OCHCA/ ery component of the RWQCB (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) project. Appropriate mitigation measures would be coordinated (Tdle of Monitoring Report) (Signature/Date of Monitoring Agency) with the South Coast Air Quality Manage- ment District, Solid City of Huntington Beach 49 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY ment District, Solid (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Waste Local Enforce- ment Agency, Regional Water Quality Control (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Board, and the City of Huntington Beach Fire Department. Mitigation measures could entail (rile of Monitoring Report) (Signature/Date of Monitoring Agency) active or passive ex- traction of LFG to con- trol surface and off-site (Title of Monitoring Report) (Signature/Date of Monitoring Agency) migration and passive barriers with vent layers and alarm systems be- low trenches and within (Title of Monitoring Report) (Signature/Date of Monitoring Agency) 1,000 feet of the former Cannery Street Landfill boundary. A compre- rile of on(T g Report)) (Signature/Date of Monitoring Agency) hensive monitoring network would be es- tablished along the pipeline alignment ad- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) jacent to the landfill. Periodic monitoring of the monitoringnetwork would be performed. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Ttte of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 50 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-31 A Traffic Management Appli- Two Weeks City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Plan (TMP) shall be cant/Construction Prior to Pipe- ton Beach De- Beach Planning prepared and imple- Contractor line Construc- partment of Pub- Department mented to the satisfac- tion/ During lic Works/ Af- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion of the affected ju- Construction fected Jurisdic- risdiction within which tion the facilities are to be constructed when the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) facilities are to be lo- cated where construc- tion would affect road- ways. The TMP shall (Title of Monitoring Report) (Signature/Date of Monitoring Agency) include, but not be lim- ited to, the following measures. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Limit construction to one side of the road or out of the (Title of Monitoring Report) ) (Signature/Date of Monitoring Agency) roadbed where possible; • Provision of con- tinued access to (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) commercial and residential proper- ties adjacent to (Title of Monitoring Report) po) (Signature/Date of Monitoring Agency) construction sites; • Provide alternate bicycle routes and pedestrian paths (Title of Monitoring Report) (Signature/Date of Monitoring Agency) where existing paths/ routes are disrupted by Con- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) struction activities, if any, and prior to initiating construc- tion, the public (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall be notified as to which bicycle routes will be dis- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) rupted and when construction will commence; (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Submit a truck routing plan, for City of Huntington Beach 51 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY approval by the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach, County, and other respon- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) sible public agen- cies in order to minimize impacts from truck traffic (Title of Monitoring Report) (Signature/Date of Monitoring Agency) during material de- livery and disposal; • Prior to any partial (Title of Monitoring Report) (Signature/Date of Monitoring Agency) or full closure on a street within the city of Costa Mesas limits, a de- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tour plan shall be submitted to the city for approval by the City Transpor- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tation Services Manager. Where construction is (Title of Monitoring Report) (Signature/Date of Monitoring Agency) proposed for two- lane roadways, confine construc- tion to one-half of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the pavement width. Establish one lane of traffic (Title of Monitoring Report) (Signature/Date of Monitoring Agency) on the other half of the roadway using appropriate con- struction signage (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and flagmen; • The TMP shall be approved by af- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) fected agencies at least two weeks prior to construc- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion. The applicant shall submit the TMP to Caltrans City of Huntington Beach 52 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY and the City of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Costa mesa at the 90-percent design phase; (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Construction activi- ties shall be coor- dinated with other construction activ- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ity taking place in the affected area(s); and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Provide for tempo- rary parking,where necessary, during Installation of pipe- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) lines within the AES site. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-32 Prior to initiating the Construction Con- Prior to Re- City of Hunting- City of Huntington (rdle of Monitoring Report) (Signature/Date of Monitoring Agency) removal of structures tractor moval of ton Beach De- Beach Planning and contaminated ma- Structures and partment of Pub- Department terials, the contractor Materials Iic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) must provide evidence that the removal of ma- terials would be subject to a traffic control plan, (Title of Monitoring Report) (Signature/Date of Monitoring Agency) for review and approval by the by the City of Huntington Beach De- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) partment of Public Works. The intent of this measure is to City of Huntington Beach 53 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY this measure is to (Title of Monitoring Report) (Signature/Date of Monitoring Agency) minimize the time pe- riod and disruption of heavy-duty trucks. For (Title of Monitoring Report) (Signature/Date of Monitoring Agency) all work done in the City of Costa Mesa, the project applicant shall receive approval from (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the Costa Mesa Public Services Department. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-33 Construction re- Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) lated activities tractor struction ton Beach De- Beach Planning would be subject partment of Pub- Department to, and comply lic Works/ Title of Monitoring( g Report) (Signature/Date of Monitoring Agency) with, standard County of Or- street use require- ange Planning ments imposed by and Develop- the City of Hunting- ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ton Beach, County Department/ and other public Affected Jurisdic- agencies, including tion (Title of Monitoring Report) ) (Signature/Date of Monitoring Agency) the use of flagmen to assist with haul truck ingress and egress of construc- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion areas and limit- ing the large size vehicles to off-peak (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) commute traffic pe- riods. For all work done in the City of City of Huntington Beach 54 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY done in the City of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Costa Mesa, the project applicant shall receive ap- (title of Monitoring Report) (Signature/Date of Monitoring Agency) proval from the Costa Mesa Public Services Depart- ment. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) CON-34 The Contractor shall Construction Con- Prior to Pipe- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) obtain the necessary tractor line Construc- ton Beach De- Beach Planning right-of-way encroach- tion partment of Pub- Department ment permits and sat- lic Works/Af- (Title of Monitoring Report) (Signature/Date of Monitonng Agency) isfy all permit require- fected Jurisdic- ments. Nighttime con- tion struction may be per- formed In congested (Title of Monitonng Report) (Signature/Date of Monitoring Agency) areas. Also, any night- time construction activi- ties shall have prior ap- (Title of Monitoring Report) (Signature/Date of Monitonng Agency) proval by the City of Huntington Beach De- partment of Public Works. Any nighttime (Title of Monitoring Report) (Signature/Date of Monitoring Agency) construction activities in the City of Costa Mesa shall receive approval (Title of Monitoring Report) (Signature/Date of Monitoring Agency) from the Public Ser- vices Director. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Ttlle of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 55 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-35 During periods of heavy Construction Con- During Con- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) equipment access or tractor struction ton Beach De- Beach Planning truck hauling, the Con- partment of Pub- Department tractor would provide lic Works/Af- (Tflle of Monitoring Report) (Signature/Date of Monitoring Agency) construction traffic fected Jurisdic- signage and a con- tion struction traffic flagman to control construction (Title of Monitoring Report) (Signature/Date of Monitoring Agency) and general project traffic at points of in- gress and egress and (rdle of Monitoring Report) (Signature/Date of Monitoring Agency) along roadways that require a lane closure. (rrtle of Monitoring Report) (Signature/Date of Monitoring Agency) (rdle of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 56 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-36 The Applicant shall Applicant Prior to Issu- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) coordinate with the De- ance of Grad- ton Beach De- Beach Planning partment of Public ing/Building partment of Pub- Department Works, Traffic Engi- Permit lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) neering Division in de- veloping a truck and construction vehicle routing plan. This plan (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall include the ap- proximate number of truck trips and the pro- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) posed truck haul routes. It shall specify the hours in which transport activities can (Title of Monitoring Report) (Signature/Date of Monitoring Agency) occur and methods to mitigate construction related impacts to adja- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cent residents and the surrounding area. The plan shall take into consideration any (Title of Monitoring Report) (Signature/Date of Monitoring Agency) street improvement construction occurring in the vicinity. These (Title of Monitoring Report) (Signature/Date of Monitoring Agency) plans must be submit- ted for approval to the Department of Public Works. The applicant (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall coordinate all construction traffic re- lated activities with (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Costa Mesa's Public Services Department. The construction vehi- cle routing plan in the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Costa Mesa shall be submitted for approval by the City of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Costa Mesa Transpor- tation Services Man- ager. City of Huntington Beach 57 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-37 Prior to construction on Project Biologist Prior to OC-44 County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the proposed OC-44 Pump Station ange Planning Beach Planning booster pump station Construction and Develop- Department site, three focused ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) coastal California gnat- Department/ catcher surveys shall USFWS be performed for the site in accordance with (Title of Monitoring Report) (Signature/Date of Monitoring Agency) USFWS protocols, preferably during the gnatcatcher breeding (Title of Monitoring Report) (Signature/Date of Monitoring Agency) season. Should the species be observed on or adjacent to the site, consultation and per- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) mitting through the USFWS would be re- quired. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (TRIe of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-38 Prior to construction on Project Biologist Prior to OC-44 County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the proposed OC-44 Pump Station ange Planning Beach Planning booster pump station Construction and Develop- Department site, eight focused least ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Bell's vireo surveys Department/ shall be performed for USFWS the off-site under- City of Huntington Beach 58 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY the off-site under- (title of Monitoring Report) (Signature/Date of Monitoring Agency) ground booster pump station (at least 10 days apart during the vireo (role of Monitoring Report) p ) (Signature/Date of Monitoring Agency) nesting season of April and July) in accordance with USFWS protocols. Should the species be (Title of Monitoring Report) (Signature/Date of Monitoring Agency) observed on or adja- cent to the site, consul- tation and permitting (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) through the USFWS would be required. This measure may not be necessary if con- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) struction phasing can avoid the vireo nesting season. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-39 Prior to construction on Project Biologist Prior to OC-44 County of Or- City of Huntington (tale of Monitoring Report) (Signature/Date of Monitoring Agency) the proposed OC-44 Pump Station ange Planning Beach Planning booster pump station, a Construction and Develop- Department qualified biologist shall ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) perform a habitat as- Depart- sessment for the ment/CDFG southwestern pond tur- tle at the pump station _ (Title of Monitoring Report) (Signature/Date of Monitoring Agency) site. If habitat for this species is observed, a trapping program would (title of Monitoring Report) (Signature/Date of Monitoring Agency) be implemented to de- termine the presence or absence of theses e- City of Huntington Beach 59 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No.00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY absence of these spe- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cies. If present, pond turtles must be trapped and relocated prior to (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the start of construc- tion. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-40 A survey for active rap- Project Biologist 30 Days Prior County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) for nests shall be per- to OC-44 ange Planning Beach Planning formed by a qualified Pump Station and Develop- Department biologist 30 days prior Construction ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to the commencement Depart- of construction activi- ment/CDFG ties on the OC-44 pro- posed booster pump (Title of Monitoring Report) (Signature/Date of Monitoring Agency) station site. Any occu- pied nests discovered during surrey efforts (idle of MonitoringReport) (Signature/Date of Monitoring Agency) shall be mapped on construction plans for the site. If recom- mended by the biolo- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) gist, restrictions on construction activities may be required in the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) vicinity of the nest until City of Huntington Beach 60 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY the nest is no longer (Title of Monitoring Report) (Signature/Date of Monitoring Agency) active. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-41 Prior to the com- Applicant Prior to Com- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) mencement of any di- mencement of ton Beach De- Beach Planning rectional boring for wa- Directional partment of Pub- Department ter conveyance pipeline Boring lic Works (Title of Monitoring Report) (Signature/Date of Monitoring Agency) implementation, the applicant shall prepare a Frac-Out Contin- gency Plan. The plan (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall establish criteria under which a bore would be shut down (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (e.g., loss of pressure, loss of a certain amount of returns) and the number of times a (Title of Monitonng Report) (Signature/Date of Monitoring Agency) single bore should be allowed to frac-out be- fore the bore is shut (Title of Monitoring Report) (Signature/Date of Monitoring Agency) down and reevaluated. It would also clearly state what measures would be taken to seal (Tide of Monitoring Report) (Signature/Date of Monitoring Agency) previous frac-outs that have occurred. on a given bore to ensure (Title of MonitoringReport) po) (Signature/Date of Monitoring Agency) that it does not become the path of least resis- tance for subsequent City of Huntington Beach 61 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY tance for subsequent (Title of Monitoring Report) (Signature/Date of Monitoring Agency) frac-outs. Additionally, the site-specific Frac- Out Contingency Plan would be prepared and (Tille of Monitoring Report) (Signature/Date of Monitoring Agency) reviewed by the City Engineer and appropri- ate resource agencies (Title of Monitoring Report) (Signature/Dale of Monitoringncy) Age prior to each major bore. CON-42 In order to minimize Project Biologist Prior to De- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) potential construction salination Fa- ton Beach Plan- Beach Planning impacts to nesting sa- cility Construc- ning Depart- Department vannah sparrows adja- tion ment/CDFG (Title of Monitoring Report) (Signature/Date of Monitoring Agency) cent to the proposed desalination facility, a pre-construction nest- ing survey would be (Title of Monitoring Report) (Signature/Date of Monitoring Agency) performed by a quali- fied biologist in consul- tation with applicable (Title of Monitoring Report) (Signature/Date of Monitoring Agency) regulatory agencies. Should nesting savan- nah sparrows be found, adequate mitigation (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (such as relocation, construction noise abatement measures, (Title of Monitoring Report) (Signature/Date of Monitoring Agency) etc.) would be imple- mented as appropriate based on the findings of the pre-construction (Title of Monitoring Report) (Signature/Date of Monitoring Agency) survey. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 62 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY CON-43 All focused surveys for Project Biologist Prior to OC-44 County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) sensitive biological re- Pump Station/ ange Planning Beach Planning sources performed Desalination and Develop- Department prior to proposed pro- Facility Con- ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ject implementation struction Depart- shall include a review ment/CDFG of data within the Cali- fornia Natural Diversity (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Data Base (CNDDB) to obtain current informa- tion on any previously (Title of Monitoring Report) (Signature/Date of Monitoring Agency) reported sensitive spe- cies/habitat, including Significant Natural Ar- eas identified under (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Chapter 12 of the Fish and Game Code. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-44 Prior to implementation Regulatory Special- Prior to Pump County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of the proposed off-site ist Station Con- ange Planning Beach Planning OC-44 booster pump struction and Develop- Department station adjacent to the ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) NCCP/HCP boundary, Department/ a jurisdictional delinea- CDFG/USACOE tion of the proposed City of Huntington Beach 63 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY tlon of the proposed (Title of Monitoring Report) (Signature/Date of Monitoring Agency) pump station site shall be performed to deter- mine the extent of ju- dleofMonitoring Report) (T p ) (Signature/Date of Monitoring Agency) risdictional area, if any, as part of the regulatory permitting process. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (idle of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-45 Should buried histori- Project Archaeolo- During Exca- County of Or- City of Huntington (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) cal/archaeological re- gist vation for ange Planning Beach Planning sources be discovered Pump Station and Develop- Department during excavation on (Five Feet ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the proposed OC-44 Below Ground Department booster pump station Surface or site, all construction Lower) work in that area shall (Title of Monitoring Report) (Signature/Date of Monitoring Agency) be halted or diverted until a qualified archae- ologist can evaluate the (ritle of Monitoring Report) (Signature/Date of Monitoring Agency) nature and significance of the finds. City of Huntington Beach 64 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monaoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monaonng Report) (Signature/Date of Moratonng Agency) (Tale of Monaoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) CON-46 During excavation of Project Paleontolo- During Exca- County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) five feet below ground gist vation for ange Planning Beach Planning surface or lower on the Pump Station and Develop- Department OC-44 proposed (Five Feet ment Services (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) booster pump station Below Ground Department site, a paleontological Surface or resource recovery pro- Lower) gram for Miocene (ritle of Monitoring Report) (Signature/Date of Monitoring Agency) invertebrate fossils shall be implemented. This program shall in- (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) clude, but would not be limited to,the following: • Monitoring of exca- vation in areas iden- (Tale of Monaoring Report) (Signature/Date of Monitoring Agency) tified as likely to contain paleon- tologic resources by (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) a qualified paleon- tologic monitor. The monitor shall be City of Huntington Beach 65 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY monitor shall be (Title of Monitoring Report) (Signature/Date of Monitoring Agency) equipped to salvage fossils as they are unearthed to avoid (Title of Monitoring Report) (Signature/Date of Monitoring Agency) construction delays and to remove samples of sedi- ments, which are (Title of Monitoring Report) (Signature/Date of Monitoring Agency) likely to contain the remains of small fossil invertebrates (Title of Monitoring Report) ) (Signature/Date of Monitoring Agency) and vertebrates. The monitor must me empowered to temporarily halt or (Title of Monitoring Report) (Signature/Date of Monitoring Agency) divert equipment to allow removal of abundant or large (Title of Monnonng Report) (Signature/Date of Monitoring Agency) specimens. Moni- toring may be re- duced if the poten- (TRIe of Monitoring Report) (Signature/Date of Monitoring Agency) tially fossiliferous units described herein are not en- countered, or upon (Title of Monitoring Report) (Signature/Date of Monitoring Agency) exposure are de- termined following examination by (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) qualified paleon- tologic personnel to have low potential to contain fossil re- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) sources; • Preparation of re- covered specimens (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to a point of identifi- cation and perma- nent preservation (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) including washing of sediments to re- cover small inverte- brates and verte- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) brates; City of Huntington Beach 66 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY • Identification and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) curation of speci- mens into a mu- seum repository (Title of Monitoring Report) (Signature/Date of Monitoring Agency) with permanent re- trievable storage. The paleontologist should have a writ- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ten repository agreement in hand prior to the initiation (Title of Monitoring Report) (Signature/Date of Monitoring Agency) of mitigation activi- ties;and • Preparation of a re- RitleofMorutonng Report) ) (Signature/Date of Monitoring Agency) port of findings with appended itemized inventory of sped- (Title of MonitoringReport) p ) (Signature/Date of Monitoring Agency) mens. The report and inventory, when submitted to the ap- propriate Lead (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Agency, would sig- nify completion of the program to miti- gate Impacts to pa- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) leontologic re- sources. CON-47 A qualified paleontolo- Project Paleontolo- During Grad- City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) gist shall be retained to gist ing ton Beach Plan- Beach Planning monitor grading opera- ning Department Department tions at the proposed rile of Monitoring Re R g port) (Signature/Date of Monitoring Agency) desalination facility site, and, if necessary, to salvage scientifically significant fossil re- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) mains. The paleon- tologist shall have the authority to temporarily (Title of Monitoring Report) (Signature/Date of Monitoring Agency) divert or direct grading efforts to allow evalua- tion and any salvage of exposed fossils. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 67 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) 5.10 OCEAN WATER QUALITY AND MARINE BIOLOGICAL RESOURCES None required. 5.11 PRODUCT WATER QUALITY PW-1 Prior to project opera- Applicant Prior to Project California De- City of Huntington tions, the applicant Operations partment of Beach Planning shall obtain all required Health Services Department drinking water permits from the California De- (Title of MonAonng Report) (Signature/Date of Monitoring Agency) partment of Health Ser- vices. These permits are anticipated to con- (idle of Monitoring Report) (Signature/Date of Monitoring Agency) sist of: • A Wholesale Drink- ing Water Permit; (Tale of Monitoring Report) (Signature/Date of Monitoring Agency) and • An Administrative Change to Retail Agencies' Drinking (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Water Permit (to include desalinated water from the pro- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) posed project as an approved source of supply for their agency). (Title of Montoring Report) (Signature/Dale of Monitoring Agency) City of Huntington Beach 68 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No.00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PW-2 During final design of Applicant During Final City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the proposed project, Design ton Beach De- Beach Planning the applicant shall in- partment of Pub- Department corporate the following lic six provisions to protect Works/California (idle of Monitoring Report) (Signature/Date of Monitoring Agency) water quality in the Department of event of "non-routine" Health Services (idle of Monitoring Report) (Si nature/Date of Monitoring Agency) operations at the HBGS g g g » (defined as operations such as seawater emergency intake (Title of Monitoring Report) (Signature/Date of Monitoring Agency) pump shut downs and failures, electricity equipment malfunc- tions, excessively high (Title of Monitoring Report) (Signature/Date of Monitoring Agency) temperature of the cooling water, etc.): • Automatic control (Title of Monitoring Report) (Signature/Date of Monitoring Agency) interlock between HBGS pumps and desalination facility intake pumps: The (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shutdown controls of the desalination facility intake pumps (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall be interlocked with the HBGS pumps, so when (title of Monitoring Report) (Signature/Date of Monitoring Agency) HBGS pump opera- tion is discontinued to prepare for heat treatment, non- (idle of Monitoring Report) (Signature Date of Monitoring Agency) routine or even rou- tine pump shut- (T'the of Monitoring Report) (Signature/Date of Monitoring Agency) down, this would automatically trigger c Him- City of Huntington Beach 69 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY an alarm at the de- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) salination facility along with shutdown of the desalination intake pumps. After (Title of Monitoring Report) (Signature/Date of Monitoring Agency) this emergency shutdown, the in- take pumps shall be (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) started up manually, and the operations staff would be re- quired to check the (Tide of Monitoring Report) (Signature/Date of Monitoring Agency) reason of shutdown with the HBGS staff before restarting the treatment facility in- (Title of Monitoring Report) (Signature/Date of Monito rig Agency) take pumps. • Continuous Intake Pump Flow Meas- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) urement Devices: Seawater intake pumps shall be equipped with flow- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) meters, which would record the pumped flow continuously. If the intake flow is (Title of Monitoring Report) (Signature/Date of Monitoring Agency) discontinued for any reason, including non-routine HBGS (Title of Monitoring Report) (Signature/Date of Monitoring Agency) operations, auto- matic intake pump shutdown shall oc- cur. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Continuous Intake Water Temperature Measurement De- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) vices: The desali- nation facility intake pump station shall be equipped with (Tide of Monitoring Report) (Signature/Date of Monitoring Agency) instrumentation for continuous meas- City of Huntington Beach 70 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY urement of the in- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) take temperature. Any fluctuations of the intake tempera- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ture outside preset normal limits shall trigger alarm and in- take pump shut- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) down. This monitor- ing equipment shall provide additional protection against (Title of Monitoring Report) (Signature/Date of Monitoring Agency) heat treatment or other unusual intake water quality condi- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tions. • Continuous Intake Water Salin- ity/Conductivity (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Measurement De- vices: The desalina- tion facility intake pump station shall (Title of Monitoring Report) (Signature/Date of Monitoring Agency) be equipped with instrumentation for continuous meas- (Toe of Monitoring Report) (Signature/Date of Monitoring Agency) urement of the in- take seawater salin- ity. Any fluctuations of the intake salinity (Title of Monitoring Report) (Signature/Date of Monitoring Agency) outside preset nor- mal operational lim- its shall trigger an alarm and Initiate in- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) take pump shut- down. This monitor- ing equipment shall (Title of Monitoring Report) (Signature/Date of Monitoring Agency) provide additional protection against discharge of un- usual fresh wa- (ritle of Monitoring Report) (Signature/Date of Monitoring Agency) ter/surface water streams in the facil- City of Huntington Beach 71 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY ity outfall. (Title of Monitonng Report) (Signature/Date of Monitoring Agency) • Continuous Intake Water Oil Spill/Leak Detection Monitor- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) inq Devices: The desalination facility intake pump station shall be equipped (Title of Monitoring Report) (Signature/Date of Monitoring Agency) with instrumentation for oil spill/leak de- tection. Detection of oil in the intake (Title of MonRonng Report) (Signature/Date of Monitonng Agency) water even in con- centrations lower than 0.5 mg/L shall (Title of Monitoring Report) (Signature/Date of Monitonng Agency) automatically trigger an alarm and initiate intake pump shut- down. This monitor- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ing equipment shall provide additional protection against (Title of Monitoring Report) (Signature/Date of Monitoring Agency) unusual intake wa- ter quality condi- tions. (title of Monitoring Report) (Signature/Date of Monitonng Agency) • Routine Communi- cation with HBGS Staff: The desalina- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tion facility staff of each shift shall be required to contact (Title of Monitoring Report) (Signature/Date of Monitoring Agency) HBGS personnel at least once per shift and enquire about (Title of Monitoring Report) (Signature/Date of Monitoring Agency) unusual planned or unplanned events at the HBGS. If non- routine operations (Title of Monitoring Report) (Signature/Date of Monitoring Agency) are planned at the HBGS, the desali- nation facility shall (Title of Monitoring Report) (Signature/Date of Monitonng Agency) modify desalination facility operations accordingly. City of Huntington Beach 72 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY PW-3 During project opera- Applicant During Project City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Dateof Monitoring Agency) tions, the RO mem- Operations ton Beach De- Beach Planning brane system shall be partment of Pub- Department continuously monitored lic Works/Cali- (Title of Monitoring Report) p ) (Signature/Date of Monitoring Agency) for feed seawater and fornia Depart- permeate conductivity ment of Health and the differential Services pressure through the (Title of Monitoring Report) (Signature/Date of Monitoring Agency) membranes. If perme- ate salinity (i.e. total dissolved solids) con- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) centration exceeds the design level, mem- branes shall be cleaned to recover their original (Title of Monitoring Report) (Signature/Date of Monitoring Agency) performance capabili- ties. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PW-4 Prior to project opera- Applicant Prior to Project City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tions, the desalination Operations ton Beach De- Beach Planning facility operations staff partment of Pub- Department shall develop an earth- lic Works R'neof Monitoring Report) (Signature/Date of Monitoring Agency) quake mitigation and preparedness plan, which shall be coordi- nated with the City of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) Huntington Beach. This plan shall define City of Huntington Beach 73 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY coordination measures (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to assure continuous plant operations and water delivery under (Title of Monitoring Report) (Signature/Date of Monitoring Agency) earthquake emergency conditions. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Dale of Monitoring Agency) PW-5 Prior to project opera- Applicant Prior to Project City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tions, a corrosion moni- Operations ton Beach De- Beach Planning toring system shall be partment of Pub- Department installed in the pro- lic (Title of Monitoring Report) (Signature/Date of Monitoring Agency) posed transmission Works/California pipeline at points of Department of interconnection with the Health Services existing water distribu- (ritle of Monitoring Report) (Signature/Date of Monitoring Agency) tion system to ensure that the proposed cor- rosion control meas- (Title of Monitoring Report) (Signature Date of Monitoring Agency) ures are effective and adequate. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 74 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitonng Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PW-6 To protect against po- Applicant Prior to Project City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tential taste and odor Operations ton Beach De- Beach Planning problems associated partment of Pub- Department with the startup of facil- lic (Title of Monitoring Report) (Signature/Date of Monitoring Agency) ity operations, a se- Works/California quential rinsing pro- Department of gram shall be initiated Health Services lust prior to project (Title of Monitoring Report) (Signature/Date of Monitoring Agency) startup that shall be coordinated with the in- volved water agencies (Title of Monitoring Report) (Signature/Date of Monitoring Agency) to minimize any sedi- ment disturbance that might occur due to flow reversal in a portion of (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the existing distribution system. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 75 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY PW-7 Prior to project opera- Applicant Prior to Project County of Or- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tions, a sampling loca- Operations ange Planning Beach Planning tion shall be estab- and Develop- Department lished near the physical ment Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) connection of the Depart- transmission pipeline to ment/California the OC-44 feeder. A Department of monitoring program Health Services (Title of Monitoring Report) (Signature/Date of Monitoring Agency) shall be implemented for this location incor- porating the following (Title of Monitoring Report) (Signature/Date of Monitoring Agency) parameters: coliform bacteria, heterotrophic bacteria, chlorine re- sidual, disinfection by- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) products, and aesthetic parameters such as turbidity, odor, and (Title of Monitoring Report) (Signature/Date of Monitoring Agency) color, as well as corro- sion indices. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) PW-8 Prior to project opera- Applicant Prior to Project City of Hunting- City of Huntington (Title of Monitoring Report) (Signature/Date of Monitoring Agency) tions, additional model- Operations ton Beach De- Beach Planning ing shall be performed partment of Pub- Department to confirm that the pro- lic (Title of Monitoring Report) (Signature/Date of Monitoring Agency) posed project shall not Works/Affected have pressure surge Jurisdiction Impacts upon the exist- (Tide of Monitoring Report) (Signature/Date of Monitoring Agency) ing regional water dis- tribution system. The model shall recom- (Title of Monitoring Report) (Signature/Date of Monitoring Agency) mend appropriate facili- ties to prevent pressure City of Huntington Beach 76 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY surges, Such as. (Title of Monitoring Report) (Signature/Date of Monitoring Agency) • Incorporation of pressurized surge tanks at booster (Title of Monitoring Report) (Signature/Date of Monitoring Agency) pump station loca- tions; • Vacuum relief and air release valve (Title of Monitoring Report) (Signature/Date of Monitoring Agency) improvements; • Hydraulically oper- ated isolation (Title of Monitoring Report) (Signature/Date of Monitoring Agency) valves; • Elimination of exist- ing valves; and/or • Pressure control (Title of Monitoring Report) (Signature/Date of Monitoring Agency) valve improve- ments. PW-9 Prior to project opera- Applicant Prior to Project Affected Jurisdic- City of Huntington tions, the applicant Operations tion Beach Planning shall coordinate with Department and obtain approval as (Title of Monitoring Report) (Signature/Date of Monitoring Agency) required from applica- ble local water agen- cies that own and op- erate the distribution (Title of Monitoring Report) (Signature/Date of Monitoring Agency) system in which the desalinated water would come in contact (idle of Monitoring Report) (Signature/Date of Monitoring Agency) with. Various operating approvals and corre- sponding agreements shall be signed before (Title of Monitoring Report) (Signature/Date of Monitoring Agency) the desalinated water is introduced into the local distribution system. (Tille of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 77 January 9, 2006 Seawater Desalination Project at Huntington Beach MITIGATION MONITORING Recirculated EIR No. 00-02 AND REPORTING CHECKLIST RESPONSIBLE MONITORING ENFORCEMENT MONITORING MITIGATION MEASURE IMPLEMENTATION PERIOD AGENCY AGENCY DOCUMENTATION OF COMPLIANCE PARTY (Title of Monitoring Report) (Signature/Date of Monitoring Agency) (Title of Monitoring Report) (Signature/Date of Monitoring Agency) City of Huntington Beach 78 January 9, 2006 ATTACHMENT 4 October 17, 2005 Staff Report on Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 (Previously provided and not attached) Available from the City Clerk LATTACHMENT 5 1 September 6, 2005 Staff Report on Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 (Previously provided and not attached) Available from the City Clerk I ATTACHMENT 6 From: Lugar, Robin Sent: Wednesday, December 07, 2005 9:01 AM To: 'Peggylc05@aol.com' Cc: Ramos, Ricky Subject: RE: Poseidon water project Thank you for your correspondence. A copy of your email will be given to the City Council when they receive the agenda packet for this item. Robin Lugar Assistant City Clerk -----Original Message----- From: Flynn, Joan Sent: Wednesday, December 07, 2005 ,8:58 AM To: Lugar, Robin; Esparza, Patty Subject: Fw: Poseidon water project -----Original Message----- From: Peggylc05@aol.com To: jflynn@surfcity-hb.org CC: normw@modernpublic.com Sent: Wed Dec 07 08 :56: 04 2005 Subject: Poseidon water project Dear Council Members and City Clerk, I strongly urge you to vote YES to approve all of your staffs recommend actions for the Poseidon water project because: You will lose all municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. The project has no risk to the taxpayer. It is a privately owned business. Huntington Beach will lose a much needed 50 million gallon emergency water storage facility which would increase public safety in an emergency to help prevent water disruptions in the event of a disaster, as was witnessed in New Orleans after hurricane Katrina. HB will lose the discounted rate of 5% below the cost of MWD water for 3 million gallons per day of water into our system. We will be doing our share help to save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is important issue to many members of HB. The project is properly zoned. It will make improvements to a blighted area without utilizing the redevelopment agency. It has no serious long-term negative impacts to the environment or the community. It will establish a new business partner which will bring new jobs, opportunities and prosperity into HB. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Peggy Christensen From: Lugar, Robin Sent: Wednesday, December 07, 2005 8:33 AM To: Ramos, Ricky Subject: FW: Request for approval of the Poseidon water project -----Original Message----- From: Flynn, Joan Sent: Wednesday, December 07, 2005 7:41 AM To: 'kennita@kennita.com' Subject: Re: Request for approval of the Poseidon water project Thank you for your correspondence. A copy of you email will be given to Council when they receive the packet for this item. Joan Flyn City Clerk -----Original Message----- From: Kennita Watson To: jflynn@surfcity-hb.org CC: Kennita Watson Sent: Wed Dec 07 07:10:40 2005 Subject: Request for approval of the Poseidon water project Dear Council Members and City Clerk, I strongly urge you to vote YES to approve all of your staff's recommended actions for the Poseidon water project because: 1) You will lose all municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. 2) The project has no risk to the taxpayer. It is a privately owned business. 3) Huntington Beach will lose a much-needed 50 million gallon emergency water storage facility which would increase public safety in an emergency, helping prevent water disruptions in the event of a disaster such as were witnessed in New Orleans after hurricane Katrina. 4) Huntington Beach will lose the discounted rate of 5% below the cost of MWD water for three million gallons per day of water into our system. 5) We will be doing our share to help save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is an important issue to many members of Huntington Beach. 6) The project is properly zoned. 7) It will make improvements to a blighted area without utilizing the redevelopment agency. 8) It has no serious long-term negative impacts to the environment or the community. 9) It will establish a new business partner, which will bring new jobs, opportunities, and prosperity into Huntington Beach. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Signed, Kennita Lane Watson From: Lugar, Robin Sent: Wednesday, December 07, 2005 8 :30 AM To: Ramos, Ricky Subject: FW: Poseidon Water Project -----Original Message----- From: Flynn, Joan Sent: Tuesday, December 06, 2005 3:10 PM To: Lugar, Robin; Esparza, Patty Subject: Fw: Poseidon Water Project -----Original Message----- From: James Rushing To: jflynn@surfcity-hb.org Sent: Tue Dec 06 13:20:12 2005 Subject: Poseidon Water Project Dear Council Members and City Clerk, Please vote Yes to approve the Poseidon Water Project. I understand the project is privately owned and will not be a risk to the citizens of Orange County. The Million of gallons water per day will help our thirst for more water, allow more water to flow to the wetlands, provide a storage fracility in the event of an emergency, and provide jobs. We will be doing our share help to save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is important issue to many members of HB. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Signed, From: Lugar, Robin Sent:Wednesday, December 07, 2005 8:29 AM To: Ramos, Ricky Subject: FW: Poseidon Water Project -----Original Message----- From: Flynn, Joan Sent: Tuesday, December 06, 2005 9:57 AM To: Lugar, Robin; Esparza, Patty Subject: FW: Poseidon Water Project -----Original Message----- From: Chuckest@aol.com [mailto:Chuckest@aol.com] Sent:Tuesday, December 06, 2005 8:23 AM Subject: Poseidon Water Project Dear Council Members and City Clerk, I favor a YES vote to approve all of your staffs recommend actions for the Poseidon water project because: We will lose a much needed 50 million gallon emergency water storage facility. This could effect public safety in an emergency, I.E., New Orleans after hurricane Katrina. We will lose municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. As a privately owned business the project has no tax impact. HB will lose the discounted rate of 5% below the cost of MWD water for three million gallons per day of water into our system. The project is properly zoned. A blighted area of HB will be privately without utilizing the Redevelopment agency. It will establish a new business partner, new jobs, and added prosperity into HB. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Sincerely, Chuck McGlawn From: Lugar,Robin Sent: Wednesday,December 07,2005 8:28 AM To: Ramos, Ricky Subject: FW: Poseidon Project -----Original Message----- From: Flynn, Joan Sent:Tuesday, December 06, 2005 9:59 AM To: CITY COUNCIL; Esparza, Patty; Lugar, Robin Subject: FW: Poseidon Project ----Original Message----- From: Dr. Michael R. Edelstein [mailto:DrEde(stein@ThreeMinuteTherapy.com] Sent:Tuesday, December 06, 2005 8:26 AM To:jflynn@surfcity-hb.org Subject: Poseidon Project I support the privately funded Poseidon desalination water project in Huntington Beach. I ask that the council members vote YES to approve all of the staffs recommendations for the CUP & CDP. Please have these comments entered into the public record for consideration on the day the final vote is taken. Dr. Michael R. Edelstein swkwer d Huntington Beach/Seal Beach Chapter November 15,2005 To:RBF Consulting 3536 Concours, Suite 220 Ontario,CA 91764 Re:Response to Comments for the Seawater Desalination Project at Huntington Beach SCH#2001051092 Attn:Mr.Kevin Thomas,Environmental Services Manager. Dear Mr.Thomas: Thanks for receipt of the above referenced document,and the opportunity to review the response from RBF to our comments regarding some of the environmental concerns with the Poseidon proposed desalination project. There are however,a few additional clarifications and corrections that it is suggested be included in the ERRATA section of this document; Response No. 22e-confuses the electrical terms"energy"and"power." Units of electrical power are kilowatts(kW)and Megawatts(MW). Units of electrical energy are kilowatt hrs. (kWh)and Megawatt-hrs. (MWh). More properly stated the energy used to produce 50 MGD of desalinated water is 30 MW x 24 hrs. or 720 MWh.The energy used to produce 1 gallon of water is therefore 720,000 kWh/50,000,000 gal.or 0.0114 kWh./gal. Within our service area the average family of four discharges approximately 400 gal.per day to the sewage discharge system.The average water usage within our district is over 120 gal. per day per person,or 480 gal. per day per family of four. Therefore the total amount of energy needed to produce water for a family of four for one year is 480 gal .per day x 365 days x 0.0114 kWh./gal. or 1,997 kWh. The US Department of Energy Internet site"Non-commercial Refrigerators Certified to the Energy Commission as of 10/23/2005"reports the Annual Energy Use(kWh)for 16 Cu.Ft. refrigerators ranges from 439 kWh.to 441 kWh. The comment;"The amount of energy required to produce desalinated water for one family per year is approximately the same as the amount of energy used by the family's refrigerator in one year."is misleading,and grossly understates the energy demand for desalinated water. Z0 'd wk1 TS:OT 960Z-9i-r,0N More properly stated;"The amount of energy required to produce desalinated water for one family per year is more than 4.5 times the amount of energy used by the family's refrigerator in one year." I hope that these comments and suggested corrections prove useful, and that you will share this information with the technical staff at RBF. Also,should you need any further information or clarification regarding seawater desalination energy issues,feel free to contact the undersigned Sincerely, Don Schulz(562)430-2260 Executive Committee Member Surfrider Foundation Huntington Beach/Seal Beach Chapter CC:Ricky Ramos,Associated Planner City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Attachments: 1) "Energy and Capacity" California Energy commission 2003 Environmental Performance Report. 2) U.S. Department of Energy Report "Non-Commercial Refrigerators Certified to the Energy Commission as of 10/23/2005 P.O.Box 3087,Long Beach,CA 90803 Wo Z£:Ot GOOZ-91-AON £e -d a m a ' ,a.• .y,•:s... Y•1 . f ..r...i.:�.. 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Non-Ozone-Depleting Ozone-Depleting 16.8 67 30 29 395 441 1130/2003 n Ozone- � leting " Ozone-Depleting 17.4 64 30 31 438 446 0113/1995 m Non-Ozone-Depleting Non-Ozone-Depleting,17 66- 30 27 396 442 111611999 N Non-Ozone-Depleting Ozone-Depleting 16,8 67 ;30 Iii 149ro 1441 1113012003 i m o Page 3 of 4 z m Non-Commercial Refrigerators Certified to the Energy Commission as of 10/2312006 a t � € .2 C E Non-Ozone-Depleting Ozone-Depleting 17 67�30 28 396_398 1/30/2003 Non-Ozone-0epleting Ozone-Depleting 17 67 ;30_ 28 �335 398 1/3012003 Non-Ozone-Depleting Ozone-Depleting 16.8 67�30_ 29 396_ 441 1/30/2003 Non-Ozone-Depleting Ozone-Depleting 16.8 67 130 29 372 441 1/30/2003 Non-Ozone-Depleting Ozone-Depleting_` 16.8 67 30 29 3721441 1130/2003 Non-Ozone-Depleting Non-Ozone-Depletin 16.8 66 30 27 3961440 3/812001 Non-Ozone-Depleting Ozone-DepletinQ�_ 16.8 67 .30 29 396 441 1/30/2003 Non-Ozone-Depleting Ozone-Depletin$___ 16.8 67 130 29 396 441 1/30/2003 Non-Ozone-Depleting Ozone-Depleting —_ 16.8 67 30 29 396 441 1/30/2003 Non-Ozone-De_pietin Non-Ozone-DepletinU17 66 30 27 1396 442 12/2411998 Non-_Ozone-Depleting Non-Ozone-Depleting 16.8 66 30 27 396 440 318/2001__ Non--Ozone-0e_pletin Non-Ozone-Depleting 16.8 66 30 27 396 440 3/8/2001 Ozone-Depleting Ozone-Depleting 17.4 64 30 31 438 446 1/13/1995 Ozone-Depleting Ozone�leting 16.7 64 30 31 438 439 1/13/1995 Ozone-De let—in Ozone-Depleting 16.7 64 30 31 438 439 8/31/1994 E a u� M m In tD m N D > Page 4 of 4 O Z From: Esparza, Patty Sent: Monday, December 19, 2005 10:11 AM To: 'norm@ModernPublic.com' Cc: Flynn, Joan; Ramos, Ricky Subject: RE: Poseidon Project Public Hearing CUP/CDP Thank you for your communication regarding the Poseidon Project CUP/CDP. Tonight' s agenda item (E-14) is not part of Public Hearing, but rather a Consent Calendar item that will allow the release of additional items to the public as they become available. Your communication will be held and distributed as part of the agenda packet for the Poseidon Project Public Hearing on January 9, 2006. If you have any questions, feel free to contact me at 714-536-5260. Patty Esparza Deputy City Clerk -----Original Message----- From: Norm Westwell To: City Clerk; City Clerk; djones@surfcity-hb.org Sent: Sun Dec 18 22:13:35 2005 Subject: Poseidon Project Public Hearing CUP/CDP 10/18/05 Dear Council Members, I strongly urge a vote YES to approve your staffs recommendations for the Poseidon CUP/CDP. You are quite of aware of the several benefits for HB. Any risk is extremely small. The impacts to our coastal waters are insignificant. Failure to approve this private enterprise will ultimately lead to government development of the exact same project outside your purview. I urge you to wisely vote YES to approve the CUP/CDP for the Poseidon Project. City Clerk, please place this communication into the public record for consideration. Thank you. Merry Christmas. Respectfully, Norm Firecracker Westwell - Huntington Beach, CA normw@ModernPublic.com \ ( / THERE IS A PRICE FOR BEING FREE Torch of Liberty, enlightening the world www.ModernPublic.com It's your government - GET INVOLVED! From: Esparza, Patty Sent: Monday, December 19, 2005 10:13 AM To: 'krises@truwest.com' Cc: Ramos, Ricky; Flynn, Joan Subject: FW: Poseidon Water project Thank you for your communication regarding the Poseidon Project CUP/CDP. Tonight's agenda item (E-14) is not part of Public Hearing, but rather a Consent Calendar item that will allow the release of additional items to the public as they become available. Your communication will be held and distributed as part of the agenda packet for the Poseidon Project Public Hearing on January 9, 2006. If you have any questions, feel free to contact me at 714-536-5260. Patty Esparza Deputy City Clerk -----Original Message----- From: Kris Westwell To: jflynn@surfcity-hb.org Sent: Sun Dec 18 22:19:11 2005 Subject: Poseidon Water project 10/18/05 Dear Council Members, I am in favor of the Poseidon Desalination Water Plant in HB. Please vote yes to approve this project. We need water. Please put this into the public record for the hearing on this item. Kris Westwell krisw@truwest.com From: Esparza, Patty Sent: Monday, December 19, 2005 11:33 AM To: 'pamelagoodgirl@yahoo.com' Cc: Ramos, Ricky; Flynn, Joan Subject: Poseidon Resources Thank you for your communication regarding the Poseidon Project CUP/CDP. Tonight' s agenda item (E-14) is not part of Public Hearing, but rather a Consent Calendar item that will allow the release of additional items to the public as they become available. Your communication will be held and distributed as part of the agenda packet for the Poseidon Project Public Hearing on January 9, 2006. If you have any questions, feel free to contact me at 714-536-5260. Patty Esparza Deputy City Clerk -----Original Message----- From: Pamela Goodgirl To: jflynn@surfcity-hb.org Sent: Sun Dec 18 22:17:06 2005 Subject: Vote yes for Poseidon Resources Dear Council Members and City Clerk, I strongly urge you to vote YES to approve all of your staffs recommend actions for the Poseidon water project because: You will lose all municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. The project has no risk to the taxpayer. It is a privately owned business. Huntington Beach will lose a much needed 50 million gallon emergency water storage facility which would increase public safety in an emergency to help prevent water disruptions in the event of a disaster, as was witnessed in New Orleans after hurricane Katrina. HB will lose the discounted rate of 5% below the cost of MWD water for 3 million gallons per day of water into our system. We will be doing our share help to save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is important issue to many members of HB. The project is properly zoned. It will make improvements to a blighted area without utilizing the redevelopment agency. It has no serious long-term negative impacts to the environment or the community. It will establish a new business partner which will bring new jobs, opportunities and prosperity into HB. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Brandy Jackson ATTACHMENT 7 Conditional Use Permit No. 02=04 Coastal Development Permit No. 02=05 -Ch tr-1' t Jv -------------------- I n — Seawater Desalination Facil ity BACKGROUND • On Sept. 7, 2005 Council certified Recirculated Environmental Impact Report (REIR) No. 00-02. • Council continued the CUP and CDP to Oct. 17 and directed staff to further review and provide additional information on the benefits of the project to the city as well as further address pipeline construction. • On Oct. 17, 2005 Council continued the request to Nov. 21 , 2005 to allow the applicant to further refine the terms of their proposed offering of benefits to the city. • On Nov. 21 , 2005 Council continued the request to Jan. 9, 2006. BENEFITS TO THE CITY • Since the September 6, 2005 City Council meeting Poseidon has refined its proposed offering of benefits to the City. • Staff believes that a Franchise Agreement, Water Purchase Agreement, and Owner Participation Agreement are necessary to guarantee these benefits and have included these agreements in the recommended conditions of approval (Nos. 4i, 5h, and 5i). • Benefits proposed by Poseidon for a Water Purchase Agreement: 1 . City option to purchase 3.2 million gallons per day (mgd).* 2. City would have first right to purchase up to 8.4 mgd of additional water for up to seven days in a declared water emergency.* 3. Reduced size of city reservoir booster pump station due to Poseidon's high pressure discharge into city system. 4. City would be provided a pipeline connection from Poseidon's pipeline near the Newland/Edison intersection into city facilities in the area. *Offered at a 5% discount below the cost to purchase MWDOC's water BENEFITS TO THE CITY • Benefits proposed by Poseidon for a Franchise Agreement: 1 . Franchise payments of at least $100,000 per year to the City. 2. Repaving of streets along the pipeline route including constructing ADA compliant curb ramps where missing or in place of existing non-standard ramps. 3. Funds would be provided to the City to be dedicated specifically for City projects in the southeast area of the city with priority given toward enhancements along the pipeline route. 4. City pipeline construction oversight including requirement for a performance and site restoration bond, pay for an on-site city construction inspector, and review of pipeline contractors qualifications. • Intrinsic Benefits: 1 . Additional ocean water quality testing required since ocean will be source of the public drinking water supply. 2. Improved appearance and remediation of the project site. 3. Diversification of City's water supply portfolio on a regular and emergency basis. BENEFITS TO THE CITY • Owner Participation Agreement (OPA) recommended to protect certain expected revenue projections. • OPA covered in Item D-2 of tonight's agenda. END OF PRESENTATION RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Conditional Use Permit No. 02-04/Coastal Development r Permit No. 02-05 (Seawater Desalination Project COUNCIL MEETING DATE: January 9, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable 2 . Contract/Agreement (w/exhibits if applicable) Attached El Not Applicable rn full b the City Attorne (Signed Y ) Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved b the City Attome Attached ❑ ( PP Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached ElNot Ap licable Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report applicable) Attached ❑ p ( pp ) Not Applicable ® °' Find in s/Conditions for Approval and/or Denial Attached ® . g pp Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) 'EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:MBB:RR P O S E I D O N jZ E S O U R C E S Via Hand Delivery January 5, 2006 Mayor David Sullivan and Council Members ' = Huntington Beach City Council City of Huntington Beach 2000 Main Street, 4th Floor Huntington Beach, CA 92648 titCD -- a --i Re: Owner's Participation Agreement and Benefits for City of Huntington Beach January 9, 2006 City Council Items for Seawater Desalination Project (Poseidon) and Approval of Conditional Use Permit (CUP) No. 02-04 and Coastal Development Permit (CDP) 02 05 forwarded by Planning Commission Dear Mayor Sullivan and Council Members: On behalf of Poseidon Resources, Inc. ("Poseidon") I am transmitting (see enclosure) an "executed" Owner's Participation Agreement (OPA) and a written commitment for the various benefits agreed to with city staff. Poseidon has offered and agreed to provide the city water at a discount to its current imported water costs, emergency water supplies, and additional funds for city directed use. The financial benefits alone are $8.656 million in the first year of construction and $69.730 million over 30-years without an adjustment for inflation. Poseidon will ensure the protection of these benefits to the city through the execution of an OPA, Franchise Agreement and Water Purchase Agreement or other agreements as specified by the city. These benefits provide an additional local water supply, drought-proofing of the city, and further mitigation of project impacts on the city. In addition, Poseidon believes the city should approve the land use and related actions before it on January 9th for the following reasons: • The desalination water treatment facility conforms to and is a conditionally permitted use under the General Plan, Zoning and Southeast Coastal Redevelopment Plan-, • The finding, among other critical findings, is that there is "no significant long term impact" to the environment, and therefore provides CEQA clearance for the requested permits,- n Resources Corporation Suite 260 Long Beat. -'A 90806. U5', / h 003 7> 569 4°0?40. /� ' • Local, secure and sustainable water supply is a significant asset to the City; • City incurs no risk; Benefits to City of Huntington Beach A. Water Supply. • Water Supply Purchase — City has option to purchase up to 3,360 Acre Feet (AF) per year of water from the Project on a firm basis, at a price equal to a 5% discount below the cost to purchase MWDOC/MWD's treated, uninterruptible potable water. The 3,360 AF/year equals approximately 20% of annual imported water purchases by City - $3 million over 30 years. • Emer enc Water Ri inply — City would have the right to 10 million gallons per day per event of additional water from the Project in a declared water emergency, at the same cost as above, for up to seven consecutive days. Additional water would be available on an as-available basis. • Reduced size of reservoir booster pump station due to Project's high-pressure discharge to City system. The reduced size equates to $2,650,000 in avoided construction costs and an O&M savings of$56,000 annually. • Local Pipeline Interconnection-- City would be provided a 5 cfs (3.2 million gallon per day) pipeline connection from the Project delivery pipeline near the Newland/Edison intersection into city facilities in the area. • A new, drought-proof, local source of potable water increasing the diversification of the City's supply sources. • Long term water rate mitigation (desalination costs are declining and traditional water supply costs are rising). • Reduction in the City's operating expenses through the Project's financial contributions which defray the expenses of the OC-44 pipeline; the City and Mesa-Consolidated Water District share, through a Joint Powers Authority, the responsibility and expense of operating the OC-44 pipeline. B. Street and Landscaping Enhancements Along Pipeline 4-mile Right-of-Way. • Repaving from curb to centerline of the street disturbed for pipeline construction immediately after pipeline is completed, 2 including striping, markings and reflective pavement markers. • Poseidon will provide an additional $1.9 million dollars to the city for Public right-of-way enhancements along pipeline alignments. The city will determine the appropriate measures to be taken with the funds. • Poseidon will pay for an on-site city construction inspector for pipeline construction. • Poseidon will provide a performance, surety bond or other financial instrument to the City to ensure financial liabilities, if any, are addressed during pipeline construction. C. Owner's Partici ation A reement 30- ear Guarantee of_ Y Tax Benefits In Lie u Fee m the event of sale to Public A enc . • City protection to ensure transfer of the obligation to provide the agreed benefits with any change in ownership, especially sale to a tax-exempt public entity. • New, long term source of sales tax property tax and other specific benefits to the City, as cited above, protection clause in event of any change in ownership to a public agency (e.g., MWDOC) to assure 30-year guarantee of benefits - $54 million. • Property tax revenue of$1.8 million annually verified in June 2003 M. Cubed Report. Annual property tax revenue based on 2003 construction valuation of approximately $186.5 million. • The Redevelopment Agency will realize estimated $1.2 million annually for Southeast Coastal improvements. D. Financial Instrument Posted to Assure Completion or Removal of Proiect facilities. • Poseidon will post appropriate financial instrument assuring completion of all project facilities and, subject to cure periods, removal of same in the event of any condition subsequent that prevents operation of the plant. E. City Directed Fund • $2 million will be provided for city use to support various activities in the city. F. Site Improvement and Remediation 3 • Fuel oil tanks will be removed and lower profile facilities will be installed per the Design Review Board direction on colors and landscaping. • All contaminated materials and soil on site will be remediated and/or removed to meet appropriate health standard s. We have appreciated the opportunity to work closely with the City Staff and the City's consultants in processing the project applications over the past four years. If Poseidon can be of further I� assistance in your deliberations lease do not t hesitate to contact us at your convenience Sincerely, Billy Ower Sr. Vice President Enclosure cc: Penny Culbreth-Graft Jennifer McGrath Paul Emery Howard Zelefsky Robert Beardsley 4 OWNER PARTICIPATION AGREEMENT by and between REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, Agency, and POSEIDON RESOURCES CORPORATION Participant. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\0PA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 TABLE OF CONTENTS Page PART 1. SUBJECT OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 101 Purpose of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 102 The Redevelopment Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 103 The Redevelopment Project Area . . . . . . . . . . . . . . . . . . . . . . . 1 Section 104 The Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 105 The Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 106 Participant . . . . . . . . . . . . . . . . . . . . . 2 Section 107 Prohibition against Change in Ownership Management and Control of the Participant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 108 Effect of City Entitlements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2. DEVELOPMENT OF THE SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 201 Scope of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 202 Construction Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 203 Construction Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 204 Cost of Construction. . . . . . . . . . . . . . . . . 6 Section 205 Construction Pursuant to Plans and Laws . . . . . . . . . . . . . . . . . . . . . 6 Section 206 Equal Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 207 Condition of the Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 208 Construction Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 209 Zoning and Land Use Requirements . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 210 Indemnification• Bodily Injury and Property Damage Insurance . . 8 Section 211 Local, State and Federal Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 212 Permits and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 213 Rights of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 214 Disclaimer of Responsibility b the he Agency . . . . . . . . . . . . . . . . . . 12 Section 215 CEQA Review; Compliance with Environmental Laws . . . . . . . . . . . 12 Section 216 Environmental Indemnification by the Participant . . . . . . . . . . . . . . 13 Section 217 Rights of Obligees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 3. USE OF THE SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 301 Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 302 Maintenance of Site and Environs; Payment of Taxes and Assessments 15 Section 303 Obligation to Refrain from Discrimination . . . . . . . . . . . . . . . . . . . 17 Section 304 Form of Nondiscrimination and Nonsearegation Clauses . . . . . . . . . . 17 Section 305 Effect and Duration of Covenants . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 306 Agreement Containing Covenants Affecting Real Property Deed of Trust 18 Section 307 Relationship of the Agency and the Participant . . . . . . . . . . . . . . . . 19 Section 308 Representations and Warranties. . . . . . . . . . . . . . . . . . . . . . . . . . 19 D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -in- PART 4. DEFAULTS AND REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 401 Defaults - General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 402 Defaults -Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 5. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 501 Notices, Demands and Communications between the Parties . . . . . . . 22 Section 502 Conflict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 503 Nonliability of Agency Officials and Employees . . . . . . . . . . . . . . . 22 Section 504 Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 505 Time of Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 506 No Partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 507 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 508 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 509 Authority to Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 510 Incorporation by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 511 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 512 No Merger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 512 Enforced Delay; Extension of Times of Performance . . . . . . . . . . . . 24 PART 6. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS . . . . . . . . . . . 24 PART 7. TIME FOR ACCEPTANCE OF AGREEMENT BY THE AGENCY . . . . . . 25 ATTACHMENTS ATTACHMENT NO. 1 - SITE MAP ATTACHMENT NO. 2 - LEGAL DESCRIPTION ATTACHMENT NO. 3 - SCOPE OF DEVELOPMENT ATTACHMENT NO. 4 - AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -Iv- OWNER PARTICIPATION AGREEMENT THIS OWNER PARTICIPATION AGREEMENT(the"Agreement")is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH (the "Agency") and POSEIDON RESOURCES CORPORATION, a Delaware corporation (the "Participant"). The Agency and the Participant agree as follows: PART 1. SUBJECT OF AGREEMENT Section 101 Purpose of the Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan for the Southeast Coastal Redevelopment Project by providing for the development of a seawater desalination facility (the"Facility")on that certain real property described as the"Site"in Section 104 of this Agreement, below,as well as a water transmission line from the Site to an existing regional transmissions stem . g g y (the "Pipeline," collectively with the Facility, the "Project"). This Agreement does not grant any easement or permit or approve any development of the Project and does not contemplate or authorize any development of the Project beyond those entitlements and approvals listed in and subject to the conditions of Sections 108, 202, 207, 209, 212, and 215 of this Agreement. All approvals, easem ents or permits necessary to constru ct and operate the Project must be granted independently of this Agreement by the entities with jurisdiction thereof. This Agreement is solely a J g y finance mechanism to ensure the benefits of the Project accrue to the Agency and the City of Huntington Beach ("City"), and does not provide any entitlement to construct or operate the Project. The development of the Site and the Project pursuant to this Agreement,and the fulfillment generally of this Agreement are in the vital and best interests of the City and the health, safety and welfare of its residents,and in accord with the public purposes and provisions of applicable federal,state and local laws and requirements. Section 102 The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan for the Southeast Coastal Redevelopment Project, which was approved and adopted on June 17, 2002, by the City Council of the City of Huntington Beach by Ordinance No. 3561 (the"Redevelopment Plan"). The Redevelopment Plan is incorporated herein by reference and made a part hereof as though fully set forth herein. Section 103 The Redevelopment Project Area The Southeast Coastal Redevelopment Project area is located in the City of Huntington Beach, California. The exact boundaries of the Redevelopment Project area are specifically and legally described in the Redevelopment Plan. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 _1_ Section 104 The Site a. The"Site"is that certain real property comprised of approximately 10.96 acres located in the City of Huntington Beach, illustrated and designated as the Site on the "Site Map" (attached hereto and incorporated herein as Attachment No. 1) and as described in the "Legal Description of the Site" (attached hereto and incorporated herein as Attachment No. 2). b. The Participant hereby represents that it owns an equitable interest in the Site by way of a written option with the fee owner of the Site,AES Huntington Beach Development,LLC (the "Site Owner"), to lease or buy the Site (the "Participant's Interest"). The Site Owner has consented to the Participant entering into this Agreement and to the recordation of the documents required hereby against the fee ownership interest of the Site Owner in the Site,if Poseidon is not the fee owner at the time such recordation must occur. Section 105 The Agency a. The Agency is a public body,corporate and politic,exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. b. The address of the Agency for purposes of receiving notices pursuant to this Agreement is as follows: Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attn: Executive Director C. "Agency"as used in this Agreement includes the Redevelopment Agency of the City of Huntington Beach, California and any assignee or successor to its rights, powers and responsibilities. All of the terms,covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Agency and any assignee or successor of the Agency. Section 106 Participant a. The Participant is Poseidon Resources Corporation,a Delaware corporation. The Project will be developed, owned and managed by the Participant. b. The address of the Participant for purposes of receiving notices pursuant to this Agreement is as follows: Poseidon Resources Corporation 1760 Kilroy Airport Way, Suite 260 Long Beach, CA 90806 Attn: Chief Executive Officer D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -2- With a copy to: Poseidon Resources Corporation 1055 Washington Boulevard Stamford, CT 06901 Attn: Chief Executive Officer C. "Participant" as used in this Agreement includes Poseidon Resources Corporation and any assignee or successor to its rights, powers and responsibilities which is permitted as such under the terms of this Agreement or which acquires any interest in the Site or the Project under the power of eminent domain or by a voluntary conveyance in lieu of or under threat of eminent domain. All of the terms,covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Participant and any such assignee or successor of the Participant. Section 107 Transfer of Project and Assignment of Agreement The qualifications and identity of the Participant are of particular concern to the City and the Agency. The Participant recognizes that it is because of such qualifications and identity that the Agency is entering into this Agreement with the Participant. Therefore,no voluntary or involuntary transferee of the Project or the Participant's Interest in the Site shall acquire any rights or powers under this Agreement except as expressly set forth herein. Except as provided in paragraph (a) below, prior to Completion, the Participant shall not assign all or any part of this Agreement nor make an total or partial sale or 'transfer of Participant's s Interest Y p p Brest the Site or the Project without the prior written approval of the Agency pursuant to paragraph(b)below. Such approval shall not be unreasonably withheld, conditioned or delayed, provided that the proposed transferee has demonstrated to the Agency that it has the experience and financial capability to complete the Project,pursuant to paragraph(b),below. "Completion"for purposes of this Agreement shall mean the point in time when: (i)the Participant has completed construction of the Project as set forth in this Agreement(including without limitation the Scope of Development)and in accordance with all laws, rules, regulations, standards, guidelines and other requirements issued by any federal, state, county,municipal(including the City)or other governmental authority having jurisdiction over the Site and/or the Pipeline route,and all land use, development and building approvals, entitlements, and/or permits as may be required by the City and any'other governmental body having jurisdiction over the Site for the development of and construction of the Facility on the Site or as maybe required by the City and any other governmental body having jurisdiction over the Pipeline route for the development of and construction of the Pipeline, and (ii) a final certificate of occupancy, or equivalent q nt document, has been issued by the City for the Facility(the Certificate of Occupancy"), and by the Cityand an other overnment body having jurisdiction over t Y g Y g� he Pipeline route for the Pipeline, and (iii) the Participant has received all governmental permits required to operate a seawater desalination plant and to distribute the water produced therein for public consumption. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06DOC 1/4/06 -3- (a) Permitted Transfers Notwithstanding any other provision of this Agreement to the contrary, Agency approval of an assignment of this Agreement or conveyance of the Participant's Interest in the Site or the Project or any portion thereof shall not be required in connection with any of the following(each a"Permitted Transfer"): (i) the conveyance or dedication of any portion of the Site to the City or the granting of easements or permits to facilitate construction of the Project; (ii) any assignment of this Agreement or the Project for financing purposes related to this Agreement, including, without limitation, the grant of a deed of trust to secure the funds necessary for land acquisition,construction and/or permanent financing of the Project; (iii) contracts for the management of the development upon the Site or the Pipeline route, or providing services necessary or incidental for its management; iv an transfer of the Project to i an holding company, association or O Y J O Y gcorporation, entity which is or becomes a parent, subsidiary or affiliate of the Participant or(ii) any successor of the Participant by reason of merger, consolidation,public offering, reorganization, dissolution, or sale of stock or assets (any such entity described in clause(i)or(ii)is a"Related Company"),provided that not less than thirty(30)days prior to the effective date of any such proposed transfer,the Agency is provided with (1) documentation sufficient in the reasonable judgment of the Agency to demonstrate that the transferee is a Related Company, and (2) an instrument of assignment and novation reasonably acceptable to the Agency's legal counsel containing the express assumption by the proposed transferee of the rights and obligations of the Participant under this Agreement; (v) any transfer of the Project to the City or other public agency(other than under the power of eminent domain or a voluntary conveyance in lieu of or under threat of eminent domain)provided that not less than thirty(30)days prior to the effective date of any such proposed transfer, the Agency is provided with an instrument of assignment and novation reasonably acceptable to the Agency's legal. counsel containing the express assumption by the proposed transferee of the rights and obligation of the Participant under this Agreement. (b) Agency Consideration of Requested Transfer or Assignment If a request is made for an assignment of this Agreement or a conveyance of the Participant's Interest in the Site or the Project or any portion thereof other than a Permitted Transfer during_the period in which this Section 107 applies,the Agency agrees that it will not unreasonably withhold approval of such a request,provided the Participant delivers written notice to the Agency requesting such approval, together with the following documentation: (1) sufficient evidence, as DAHUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -4- reasonably determined by the Agency, regarding the proposed transferee's development qualifications and experience, qualifications and experience in operating the applicable type and respective portion of the Project proposed for transfer,and its financial resources,in sufficient detail to enable the Agency to evaluate the proposed transferee pursuant to the criteria set forth in this paragraph(b); and(2)an instrument of assignment and novation in a form reasonably acceptable to the Agency's legal counsel containing the express assumption by the proposed transferee of the rights and obligations of the Participant under this Agreement. Within thirty(30)days after receipt of such a written notice,the Agency shall respond in writing by stating that the request is complete or by describing such further information as the Agency requires in order to determine the request is complete. Such additional information shall be provided within thirty(30) days of the Agency's response,or the request shall be deemed withdrawn. Within thirty(30)days of the Agency obtaining a completed request, the Agency shall either approve, conditionally approve, or disapprove the proposed transfer,pursuant to the criteria set forth in this paragraph(b). The Agency shall evaluate each proposed transferee on the basis of its operational qualifications and experience and its financial commitments and resources,and may disapprove any-proposed transferee which Agency determines g Y in its reasonable judgment, does not possess qualifications that enable the proposed transferee.to meet the obligations of the Participant under this Agreement, or may condition approval of a proposed transfer upon such conditions as the Agency determines are necessary to assure that the proposed transferee will meet the obligations of the Participant under this Agreement. The provisions of this paragraph(b) shall not apply to any Permitted Transfer set forth in paragraph(a), above. Section 108 Effect of City Entitlements The Project which is the subject of this Agreement is the subject of Conditional Use Permit No. 2-03 and Coastal Development Permit No. 02-05, approved by the City on (collectively,the"City Entitlements"). Nothing in this Agreement shall be deemed to vary,waive or �• r ry affect in any way any term or condition of either City Entitlement. PART 2. DEVELOPMENT OF THE SITE Section 201 Scope of Development The Participant agrees to diligently pursue the necessary permits and entitlements required for development of the Project in addition to the City Entitlements, and to commence and complete construction of the Project in a timely manner upon obtaining such permits and entitlements, and in conformance with the provisions of the Scope of Development (attached hereto and incorporated herein as Attachment No. 3). Section 202 Construction Drawings a. The Participant shall cause its architect or engineer to prepare the plans and drawings necessary to obtain a building permit ("Construction Drawings") for the Project. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -5- b. The Participant shall have no obligation to submit Construction Drawings to the Agency for review and approval,but shall submit plans and Construction Drawings to the City in compliance with all applicable City rules and procedures, and shall develop the Site and Pipeline route in accordance with any Construction Drawings approved and permits and entitlements issued and approved by the City, and no further filing by the Participant, or approval by the Agency, as to Construction Drawings, shall be required except as provided in subsection c.,below. C. Following issuance of a building permit for the Project,the Participant shall submit to the Agency's Executive Director (the "Executive Director") for review and reasonable approval any proposed material changes to the Construction Drawings that do not conform to the Scope of Development. Approval of such changes by the Executive Director shall not be deemed to relieve the Participant from the requirement to obtain approval of such changes from any other governmental entity which has jurisdiction over the portion of the Project to be so changed. Section 203 Construction Schedule; Bond Prior to issuance of any building permit for the Facility, the Participant shall provide the Agency with the anticipated date for completion of construction of the Facility (the "Projected Completion Date"). The Participant shall commence construction of the Project and shall diligently prosecute construction of the Project to completion. If the Project is not completed within two (2) years after the Projected Completion Date,the Participant shall be required to demolish and remove all construction on the Site and to return the Site to the state it was in prior to the start of construction. The Projected Completion Date shall be extended for the time of any enforced delay pursuant to Section 513,and may also be extended upon request of the Participant for reasons which do not constitute an enforced delay upon the reasonable determination of the Executive Director that the Participant has been proceeding with reasonable diligence in light of then present circumstances. Prior to the commencement of construction of the Project,the Participant shall obtain,and thereafter shall maintain at all times prior to the issuance of the Certificate of Occupancy a bond or other form of security reasonably acceptable to the Agency in such amount reasonably as is reasonably necessary to pay for the costs of demolition and removal and renovation of the Site required by this Section, as determined by the City's Director of Public Works. Section 204 Cost of Construction It is the responsibility of the Participant,at the Participant's sole cost and expense,to pay(or cause to be paid) all Development Costs, without any cost or liability to the Agency or the City. "Development Costs"shall collectively mean: development,construction,operational,maintenance and management costs in connection with the Project and the Site,including,without limitation, all off-site improvements and on-site improvements required by the City in connection therewith, and including,without limitation all hard costs, soft costs,the cost of services,wages required to be paid to any person employed by the Participant, any contractor or subcontractor, and any cost overruns. Section 205 Construction Pursuant to Plans and Laws D:\HUNTINGTON BEACH PROD\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -6- a. The Participant shall construct the Project in conformance with the Construction Drawings approved by the City in issuing a building permit for the Project, all conditions of approval imposed upon the Project by any governmental entity with jurisdiction over the Project or any portion thereof, and any modifications thereof pursuant to any change order(s) permitted or approved by the Agency,the City,or such other governmental entities(the"Approved Plans"). b. The Participant shall cause all work performed in connection with the Project to be performed in compliance with the Approved Plans and(1)all applicable laws,ordinances,rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter, and (2) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and the Participant shall be responsible for the procurement and maintenance thereof,as may be required of the Participant and all entities engaged in work on the Project. C. All construction work and professional services shall be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Section 206 Equal Opportunity During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, disability, sex, marital status, national origin, or ancestry, in the hiring, firing, promoting, or demoting of any person engaged in the construction work. Section 207 Condition of the Site As to all portions of the Site and Project,the Site and Project and any portion thereof shall be held by the Participant with no warranty,express or implied,by the Agency as to the condition of the soil or water,its geology,or the presence of known or unknown faults or the condition of the Project. It shall be the sole responsibility of the Participant, at the Participant's expense,to investigate and determine the soil and water conditions of the Site and the suitability of the Site and the Project for the development to be constructed by the Participant. If the soil or water conditions of the Site, or any part thereof,or the condition of the Project, are not in all respects entirely suitable for the use or uses to which the Site and Project will be put pursuant to the Scope of Development (Attachment No. 3), and the Participant determines to proceed with the development of the Project,then it is the sole responsibility and obligation of the Participant to take such action as may be necessary to place the Site and the soil and water conditions thereof, and the Project, in all respects in a condition entirely suitable for such development of the Site. The provisions of this Section 207 shall not be deemed to imply or create any warranty of the Agency or the City regarding the Pipeline route or any portion thereof,which may be utilized by the Participant only in accordance with a franchise granted by the City or such other governmental entity as has jurisdiction thereof. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -7- Section 208 Construction Responsibilities a. It shall be the responsibility of the Participant to coordinate and schedule the work to be performed so that commencement and completion of construction will take place in accordance with this Agreement. The cost of developing the Project shall be the sole responsibility of the Participant. The Participant shall be responsible for obtaining and complying with any condition relating to any and all permits which may be required by any governmental agency having jurisdiction over the work to be performed. b. The Participant shall be solely responsible for all aspects of the Participant's conduct in connection with the development of the Project,including(but not limited to)the quality and suitability of the Construction Drawings, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Section 209 Zoning and Land Use Requirements It is the responsibility of the Participant,without cost to the Agency,to ensure that zoning of the Site and all applicable City land use requirements and franchises will be such as to permit the development of the Project in accordance with the provisions of this Agreement. The Participant acknowledges that this Agreement is not a Development Agreement pursuant to Government Code Section 65865 et seq. Section 210 Indemnification; Bodily Injury and Property Damage Insurance a. In the event of any legal action instituted by a third party or any governmental entity or official (other than the Agency, the City or an official of the Agency or the City), challenging the validity of any provision of this Agreement or the City Entitlements, the parties hereby agree to cooperate in defending said action; provided, however the Participant shall indemnify and hold harmless the Agency, the City, and their respective officers, employees, contractors and agents from all litigation expenses, including reasonable attorneys' fees and costs arising out of any legal action instituted by such third party,or other governmental entity or official (other than the Agency,the City or an official of the Agency or the City)challenging the validity of any provision of this Agreement, or the City Entitlements. The Agency shall promptly notify the Participant of any such action and shall cooperate in the defense thereof b. The Participant agrees to and shall defend, indemnify and hold the Agency, the City,and their respective officers,employees,contractors and agents harmless from and against all liability,loss,damage,costs,or expenses(including attorneys' fees and court costs)arising from or as a result of the death of any person or any accident,injury, loss and damage whatsoever caused to any person or to the property of any person which shall occur on or adjacent to the Site or on or adjacent to the Pipeline route and which shall be directly or indirectly caused by or result from any acts done thereon or any errors or omissions of the Participant or its officers, employees,contractors or agents. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06 DOC 1/4/06 -�- C. Indemnification Procedure. In any situation in which the Participant is required to indemnify a party(the"Indemnified Party")pursuant to this Agreement, as a condition thereto the Indemnified Party shall give the Participant reasonably prompt notice of any matter for which indemnification is sought hereunder. The Indemnified Party shall cooperate in the defense of such claim(and pending assumption of defense, the Indemnified Party, in its good faith judgment, may take such steps to defend itself against such claim as it deems appropriate to protect its interests). The Participant shall pay the Indemnified Party's reasonable out-of-pocket expenses incurred in connection with such cooperation and such steps taken to defend itself pending the Participant's assumption of defense. The Participant shall keep the Indemnified Party reasonably informed as to the status of the defense of such claim. After notice from the Participant to the Indemnified Party of the assumption and the defense of a claim,the Participant shall not be liable to the Indemnified Party for any legal or other expenses subsequently incurred by the Indemnified Party in connection with the defense thereof other than those expresses referred to above and expenses of Separate Counsel referred to below. The Participant,at its own expense and through counsel chosen by it(which counsel shall be reasonably acceptable to the Indemnified Party), shall defend any such claim;provided,however,that if,in the Indemnified Party's reasonable judgment at any time,either a conflict of interest arises between the Participant and the Indemnified Party or if there are defenses which are different from or in addition to those available to the Participant and/or the Indemnified Party and the representation of both parties by the same counsel would be inappropriate,then in each such case the Indemnified Party shall have the right to employ a separate law firm in each applicable jurisdiction(if necessary) ("Separate Counsel"),to represent the Indemnified Party in any action or group of related actions(which firm or firms shall be reasonably acceptable to the Participant), and in that event: '(a) the reasonable fees and expenses of such Separate Counsel shall be paid by the Participant; and(b)the Participant shall have the right to conduct its own defense in respect of such claim. If the Participant does not defend against a claim, the Indemnified Party may defend, compromise and settle such claim and shall be entitled to indemnification hereunder(to the extent permitted by this Agreement). Notwithstanding the foregoing,the Participant shall not,without the Indemnified Party's prior written consent(which shall not be unreasonably withheld,conditioned or delayed), settle or compromise any claim or consent to the entry of any judgment unless: (x)there is no finding or admission of any violation of law or any violation of the rights of any person and no effect on any other claims that may be made against the Indemnified Party; and (y) the sole relief provided is monetary damages that are paid in full by the Participant. d. Prior to commencing construction on the Site and continuing until Completion, the Participant shall furnish or cause to be furnished to the Agency duplicate originals or appropriate certificates (countersigned by an authorized agent of the insurer) of insurance as follows: 1. Comprehensive general liability(bodily injury and property damage), automobile liability (including owned, hired, and non-owned vehicles), blanket contractual liability, and personal injury liability, all with limits not less than $5,000,000 combined single limit per occurrence. All such policies shall contain a waiver of subrogation for the benefit of the Agency and the City. D:\HUNTINGTON BEACH PROMERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -9- 2. All such insurance policies shall contain the following three endorsement provisions: (i) Additional Insureds: "The City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach (the "Agency"), their elective and appointive boards, officers, and employees are added as additional insureds with respect to this subject project and contract with the Agency." (ii) Notice: "Said policy shall not terminate, be canceled, nor the coverage reduced until after thirty (30) days written notice is given to the Redevelopment Agency of the City of Huntington Beach." (iii) Primary Coverage: "Said policy and coverage as is afforded to the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach, their elective and appointed boards, officers and employees shall be primary insurance and not contributing with any other insurance maintained by the City of Huntington Beach or the Redevelopment Agency of the City of Huntington Beach." e. All such insurance policies shall be provided by insurers admitted and. authorized to do business in the State of California with a minimum rating of A:VIII. The Participant must deliver proof of the insurance required under this Section 210 to the Agency prior to the Agency's execution of this Agreement. f. The insurance coverage and limits required herein shall not be construed as a limit of the Participant's liability. The Participant agrees to respond for any losses subject to indemnification under this Agreement incurred by the Agency or the City and not covered by the Participant's insurance, whether by reason of coverage being inapplicable or by the Participant's failure to obtain coverage. The Participant agrees to provide immediate notice to the Agency and the City of any claim or loss against the Participant that includes the Agency or the City as a defendant. The Agency and the City assume no obligation by the receipt of such notice, but have the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the Agency or the City. Section 211 Local, State and Federal Laws The Agency acknowledges that it is not providing any financial assistance with respect to acquisition of the Site by the Participant or with respect to the Project in any other way and that this D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -1 0- Agreement is entered into solely for the purpose of complying with the Redevelopment Plan. Notwithstanding the foregoing, the Participant hereby agrees to carry out development and construction(as defined by applicable law)of the Project,including,without limitation,any and all public works(as defined by applicable law),in conformity with all applicable local,state and federal laws, including, without limitation, all applicable federal and state labor laws(including, without limitation, any requirement to pay state prevailing wages). The Participant hereby expressly acknowledges and agrees that neither the City nor the Agency has ever previously affirmatively represented to the Participant or its contractor(s)for the Project in writing or otherwise,in a call for bids or otherwise, that the work to be covered by such bid or contract is,or is not, a"public work," as defined in Section 1720 of the Labor Code. Should the Project or any portion thereof be determined to be a"public work"as defined in the Labor Code,the Participant hereby agrees that the Participant shall have the obligation to provide any and all disclosures,representations,statements, rebidding,and/or identifications which maybe required by Labor Code Sections 1726 and 1781,as the same may be enacted,adopted or amended from time to time,or any other provision of law. The Participant hereby further agrees that the Participant shall have the obligation to maintain any and all bonds to secure the payment of contractors(including the payment of wages to workers performing any public work)which may be required by the Civil Code,Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. The Participant hereby further agrees that the Participant shall have the obligation, at the Participant's sole cost, risk and expense, to obligate any party as may be required by Labor Code Sections 1726 and 1781,as the same may be enacted,adopted or amended from time to time,or any other provision of law. The Participant shall indemnify,protect,defend and hold harmless the Agency,the City and their respective officers, employees, contractors and agents, with counsel reasonably acceptable to the Agency and the City, from and against any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including labor costs, penalties, reasonable attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Project, including, without limitation,any and all public works(as defined by applicable law),results or arises in any way from any of the following: (1)the noncompliance by the Participant of any applicable local, state and/or federal law,including,without limitation, any applicable federal and/or state labor laws(including, without limitation, if applicable, the requirement to pay state prevailing wages); (2) the implementation of Sections 1726 and 1781 of the Labor Code,as the same maybe enacted,adopted or amended from time to time, or any other similar law; (3)failure by the Participant to provide any required disclosure,representation,statement,rebidding and/or identification which may be required by Labor Code Sections 1726 and 1781,as the same may be enacted,adopted or amended from time to time, or any other provision of law; (4)failure by the Participant to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work)which may be required by the Civil Code,Labor Code Section 1781,as the same may be enacted, adopted or amended from time to time, or any other provision of law; and/or(5)failure by the Participant to obligate any party as may be required by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. It is agreed by the parties that,in connection with the development, construction (as defined by applicable law)and operation of the Project,including,without limitation,anypublic work(as defined by applicable law),the Participant shall bear all risks of payment or non-payment of state prevailing wages and/or Labor Code Sections 1726 and 1781, as the same may be enacted, DMUNTINGTON BEACH PRO,J\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 adopted or amended from time to time,and/or any other provision of law. "Increased costs"as used in this Section shall have the meaning ascribed to it in Labor Code Section 1781,as the same maybe enacted, adopted or amended from time to time.The foregoing indemnity shall survive termination of this Agreement and shall continue after Completion. Section 212 Permits and Approvals Before commencement of construction, the Participant, without cost or expense to the Agency, shall obtain any and all permits which may be required by the City or any other governmental agency having jurisdiction over the work to be performed. As applicable,the Agency shall provide appropriate assistance to the Participant in obtaining these permits and other City approvals, provided such assistance imposes no cost or expense on the Agency. Section 213 Rights of Access Representatives of the Agency shall have the reasonable right of access to the Site and Project without charges or fees, at normal construction hours during the period of construction and without interfering with business operations on the Site for the purpose of inspecting the Site to determine the Participant's compliance with this Agreement. Such representatives of the Agency shall be those who are so identified in writing by the Executive Director. Section 214 Disclaimer of Responsibility by the Agency The Agency neither undertakes nor assumes nor will have any responsibility or duty to the Participant or to any third party to review, inspect, supervise, pass judgment upon or inform the Participant or any third party of any matter in connection with the development or construction of the Project or Site,whether regarding the quality,adequacy or suitability of the plans,any labor,service, equipment or material furnished to the Site or in connection with the Project,any person furnishing the same,or otherwise. The Participant and all third parties shall rely upon its or their own judgment regarding such matters,and any review,inspection,supervision,exercise of judgment or information supplied to the Participant or to any third party by the Agency in connection with such matter is for the public purpose of redeveloping the Site, and neither the Participant(except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The Agency shall not be responsible for any of the work of construction, improvement or development of the Site. Section 215 CEQA Review; Compliance with Environmental Laws In connection with its adoption in 2002 of the Redevelopment Plan, the Agency caused an environmental impact report(State Clearinghouse No. 2001-091144),to be prepared in accordance with the requirements of the California Environmental Quality Act(Public Resources Code§21000 et seq.; "CEQA"), the Guidelines for Implementation of CEQA (Title 14, California Code of Regulations § 15000 et seq.; "CEQA Guidelines"), and local regulations enacted pursuant thereto. Pursuant to Public Resources Code § 21090 and CEQA Guidelines§ 15180,development of.the Site with the Project constitutes private activities and undertakings pursuant to and in furtherance of the Redevelopment Plan. D:\HUNTINGTON BEACH PROD\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -12- In connection with its approval of the City Entitlements,the City Council of the City certified Environmental Impact Report No 00-02 (the"Project EIR" ) and adopted a mitigation monitoring plan(the"Mitigation Monitoring Plan"). The Participant agrees to comply with all conditions in the Project EIR and the Mitigation Monitoring Plan at its sole cost and expense. The Participant shall also comply with all environmental laws and environmental permits applicable to the operations of the Participant and the ownership or use of the Site and the Project, shall immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, shall keep the Site and Project free and clear of any environmental claims or liens imposed pursuant to any environmental law as a result of the Participant's development or use of the Project(subject to the Participant having a reasonable time to contest an such i p claims or remove an g Y Y such liens), and shall obtain and renew all environmental permits required for ownership or use of the Project or the Site. Section 216 Environmental Indemnification by the Participant The Participant agrees to defend,indemnify and hold harmless the Agency,the City,and their respective officers, employees, contractors and agents (collectively the "Indemnitees") from and against any and all obligations (including removal and remedial actions), losses, claims (including third party claims), suits,judgments, liabilities, penalties, damages (including consequential and punitive damages), costs and expenses(including consultants' and attorneys' fees and expenses)of whatever kind or nature whatsoever that may at any time be incurred by, imposed on, or asserted against the Indemnitees directly or indirectly based on,or arising or resulting from: (a)the actual or alleged presence of Hazardous Substances on the Site as a result of development or operation of the Project, including, without limitation, Hazardous Substances presently on the Site required to be removed upon development of the Project, or (b) any environmental claim with respect to the Project. "Hazardous Substances" as used herein shall mean any substance regulated by applicable law as hazardous or toxic and shall include, without limitation, the following: a. a"Hazardous Substance"as defined by Section 9601 of the Comprehensive Environmental Response,Compensation and Liability Act of 1980,42 U.S.C. §§ 9601,et seq.,or as Hazardous Waste as define d by Section 6903 of the Resource Conservation and Recovery Act,42 U.S.C. §§ 6901, et seq.; b. an "Extremely Hazardous Waste," a "Hazardous Waste," or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under §§ 25115, 25117 or 25122.7 of the California Health and Safety Code, or as listed or identified pursuant to § 25140 of the California Health and Safety Code; C. a "Hazardous Material," "Hazardous Substance," "Hazardous Waste," or "Toxic Air Contaminant," as defined by the California Hazardous Substance Account Act, law pertaining to the underground storage of hazardous substances,hazardous materials release response plans, or the California Clean Air Act under §§ 25316, 25281, 25501, 25501.1. or 39655 of the California Health and Safety Code; D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -13- d. "Oil"or a"Hazardous Substance"listed or identified pursuant to§311 of the Federal Water Pollution Control Act, 33 U.S.C. §1321; e. "Hazardous Waste," "Extremely Hazardous Waste," or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations Sections 66261.1-66261.126; f. any chemical listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to § 25249.8 of the California Health and Safety Code; g. a material that,due to its characteristics or interaction with one or more other substances,chemical compounds,or mixtures,materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to any lawful purpose; h. any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual,whether or not the presence of such material resulted from a leaking underground fuel tank; i. pesticides regulated under the Federal Insecticide,Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; j. asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; k. any radioactive material including,without limitation,any"source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste," and any other radioactive materials or radioactive wastes,however produced,regulated under the Atomic Energy Act,42 U.S.C. §§2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code §§ 114960 et seq.; 1. hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., or the California Occupational Safety and Health Act, California Labor Code §§ 6300 et seq.; and/or in. materials, substances and wastes regulated under the Clean Air Act,42 U.S.C. §§ 7401 et seq. or pursuant to The California Clean Air Act, §§ 3900 et seq. of the California Health and Safety Code. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERM ITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC i4i06 -14- Section 217 Rights of Obligees The provisions of this Agreement do not limit the right of any mortgagee or other obligee to foreclose or otherwise enforce an mortgage,deed of trust or other encumbrance Y umb ance upon the Site and Project,or the right of any obligee to pursue any remedies for the enforcement of any pledge or lien upon the Site and Project,provided,however,the foregoing shall not be deemed to vary, waive, or otherwise affect the order of priorityof an documents recorded in connection with this Agreement.Y gr t. PART 3. USE OF THE SITE Section 301 Uses The Participant covenants and agrees for itself,its successors,its assigns and every successor in interest to the Site or any part thereof, that during the period referred to in Section 305, the Participant, such successors and such assignees shall devote the Participant's Interest in the Site to the uses specified in the Scope of Development(Attachment No. 3)and the Agreement Containing Covenants Affecting Real Property(Attachment No. 4). Section 302 Maintenance of Site and Pipeline Area; PaMent of Taxes and Assessments a. The Participant covenants and agrees for itself,its successors and assigns,and every successor in interest to the Site or any part thereof that it shall maintain the Site and, to the extent required pursuant to the franchise agreement referred to below,the area of the Pipeline route, or cause the Site and, to the extent required pursuant to the franchise agreement referred to below, such Pipeline p area to be maintained, in accord with the following criteria and conditions: 1. The Site and the Project shall be operated and maintained in conformity with all applicable laws,rules,regulations and ordinances, including without limitation, all applicable federal and state labor standards. 2. The Site and all improvements thereon shall be maintained and kept free from any accumulation of debris or waste materials. 3. All landscaping on the Site shall be maintained in a healthy condition. 4. The Pipeline shall be maintained as specified in the franchise agreement to be approved by the City for use of City rights-of-way, and any other franchise agreement or other entitlement approved by any governmental entity with jurisdiction thereof 5. The Participant shall help assure that construction of the Project, including but not limited to the Pipeline,has no impact on the quality of life in the City by paying the City, within five (5) days after the closing of the Participant's construction financing for the Project,the D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 sum of One Million Nine Hundred Thousand Dollars ($1,900,000), which may be used by the City in its sole discretion for improvements adjacent to the Site or along the route of the Pipeline. 6. The Participant shall pay to the City the sum of Two Million Dollars ($2,000,000)which may be used by the City in its sole discretion for such improvements as the City Council determines will improve the quality of life in the City of Huntington Beach. These funds shall be paid prior to Completion. b. As a material part of the consideration for this Agreement, the Participant covenants and agrees for itself,its successors and assigns,and every successor in interest to the Site or any part thereof,that for each year of the term of this Agreement that real property taxes are levied on the Site or any portion thereof: 1. the Participant shall pay when due all real estate or possessory interest taxes and assessments assessed and levied on the Site or any portion thereof or any improvements thereon or any interest therein,and shall waive and refrain from making any appeal,challenge or contest of the validity of any tax assessment, encumbrance or lien on the Site, in part or in full, whether by property tax assessment appeal or otherwise; and 2. if the real estate or possessory interest taxes on the Participant's Interest in the Site in any fiscal year(July 1 through June 30)after the Certificate of Occupancy has been issued are less than One Million Eight Hundred Sixty Five Thousand Dollars ($1,865,000), then on July 1 of the next fiscal year,the Participant shall pay to the City the difference between(i)the total real estate or possessory interest taxes paid by the Participant in such fiscal year and(ii) One Million Eight Hundred Sixty Five Thousand Dollars ($1,865,000). C. In the event that by reason of any property tax exemption or otherwise the Site is not carried on the County Assessment Roll and/or real property taxes are not levied and collected on the Site for any reason,the Participant covenants for itself, its successors and assigns,and every successor in interest to the Site or any part thereof or any interest therein that the Participant shall pay to the Agency an amount equal to the Site Tax Increment Revenue(as hereafter defined)payable to the Agency for the fiscal year immediately preceding the cessation of the levy or collection of taxes on the Site(the"Base Year Revenue Amount")multiplied by the number of years remaining in the term of this Agreement. At the option of the Participant,such payment shall be payable either(i)by a lump sum which shall be due within thirty(30) days after the occurrence of the event which has caused or will cause the Site not to be carried on the County Assessment Roll and/or real property taxes not to be levied and collected on the Site,or (ii)by annual payments made on July 1 of each year, in which case the first such payment shall be made on the July 1 after the occurrence of such event and shall be in the amount of the Base Year Revenue Amount, and each subsequent annual D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALSIHB LOCAL PERMITS'04'05\CU P 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -16- payment shall be increased b the permitted statutory r Ym y p ate(presently two percent 2/o peryear). The rY � Y P ( )p "Site Tax Increment Revenues" from the Site shall include that portion of the ad valorem property tax increment revenues attributable to the Site and payable to the Agency pursuant to Section 33670(b) of the California Health and Safety Code (as said statute maybe amended from time to time), including without limitation the twenty percent (20%) of said revenues that the Agency is required to set aside for affordable housing purposes pursuant to California Health and Safety Code Section 33334.2. In the event that the payment required by this subsection 302 c. is due at a time when the Agency is no longer legally entitled to receive Site Tax Increment Revenues from the Site, the Base Year Revenue Amount shall be deemed to be the amount of Site Tax Increment Revenues which the Agency was entitled to receive in the last full fiscal year preceding termination of its right to receive such Site Tax Increment Revenues. Notwithstanding the foregoing, in determining the Site Tax Increment Revenues for purposes of this subsection 302 c., the ad valorem property taxes attributable to the Site shall be calculated at the greater of(i)the actual amount of such taxes prior to the obtaining of the property tax exemption or removal of the Site from the County Assessment Roll or (ii) the ad valorem property taxes due at the then-applicable rate for property with an assessed valuation of One Hundred Eighty Six Million Five Hundred Thousand Dollars($186,500,000). This subsection 302 c. shall apply regardless of whether a public entity acquires an interest in or title to the Site and/or the Project. Section 303 Obligation to Refrain from Discrimination The Participant covenants and agrees for itself,its successors and assigns and every successor in interest to the Participant's Interest in the Site or any part thereof that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,tenure or enjoyment of the Participant's Interest in the Site nor shall the Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection,location,number,use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site. Section 304 Form of Nondiscrimination and Nonsegrregation Clauses The Participant shall refrain from restricting the rental, sale,or lease of the Site on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All deeds, leases or contracts with respect to the rental, sale or lease of the Participant's Interest in the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a. In deeds: "The grantee herein covenants by and for itself,its successors and assigns,and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status,national origin or ancestry in the sale,lease,sublease,transfer,use,occupancy,tenure or enjoyment of the land herein conveyed,nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with WHUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -17- reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." b. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing,subleasing,transferring,use or enjoyment ofthe land herein leased nor shall the lease itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection,location, number, use or occupancy of tenants, lessees, subtenants or vendees in the land herein leased." C. In contracts: "There shall be no discrimination against or segregation of,any person, or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land,nor shall the transferee itself or any person claiming under or through it,establish or permit any such practice or practices of discrimination or segregation with reference to the selection,location, number,use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." Section 305 Effect and Duration of Covenants The covenants established in this Agreement shall,without regard to technical classification and designation, be binding for the benefit and in favor of the Agency and the City and their successors and assigns. Such covenants as are to survive Completion shall be as contained in the Agreement Containing Covenants Affecting Real Property(Attachment No. 4)and shall remain in effect for the periods specified therein. Section 306 Agreement Containing Covenants Affecting Real Property a. Concurrent with the execution of this Agreement, the Participant and the Agency shall enter into and cause the recordation of an Agreement Containing Covenants Affecting Real Property substantially in the form attached hereto and incorporated herein as Attachment No.4. Such Agreement Containing Covenants Affecting Real Property shall establish the covenants, conditions and restrictions pertaining to the Site, as set forth in Section 300 to 305 of this Agreement, for the period of time set forth in the Agreement Containing Covenants Affecting Real Property, and shall run in favor of the City as well as the Agency. b. The Agreement Containing Covenants Affecting Real Property shall be recorded against both the Participant's Interest in the Site and the Site Owner's fee interest in the Site (should the Participant not be the fee owner of the Site at the time recordation is required pursuant to subsection a., above) and shall not be subordinated to any liens and encumbrances applicable to the Site except those applicable to the Site Owner's fee interest which have been recorded prior to the Effective Date of this Agreement. The Site Owner has consented to the recordation of the Agreement Containing Covenants Affecting Real Property,as set forth at the end of this Agreement. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -1�- Section 307 Relationship of the Agency and the Participant Nothing contained in this Agreement or in any other document or instrument made in connection with this Agreement shall be deemed or construed to create a partnership, tenancy in common,joint tenancy,joint venture or co-ownership by or between the Agency and the Participant. The Agency shall not be in any way responsible or liable for the debts,losses,obligations or duties of the Participant with respect to the Site or otherwise. Section 308 Representations and Warranties a. As an inducement to the Agency to enter into this Agreement,the Participant hereby represents and warrants to the Agency, which representations and warranties are true and correct as of the date of this Agreement: 1. The Participant has the legal power, right and authority to enter into this Agreement and the instruments referenced herein,and to satisfy all obligations of the Participant in this Agreement or in any instrument or document referred to herein(referred to collectively as the "Participant's Obligations"); 2. This Agreement and all documents required hereby to be executed by the Participant are, and shall be, valid, legally binding obligations of and enforceable against the Participant in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles affecting or limiting the rights of contracting parties generally; 3. There is no provision of any indenture, instrument, or agreement, written or oral,to which the Participant is a party or which governs the actions of the Participant or which is otherwise binding upon the Participant or the Participant's property,nor is there any statute, rule or regulation, or any judgment, decree, or order of any court or the Agency binding on the Participant or the Participant's property which would be contravened by the execution, delivery or performance of any of the Participant's Obligations; 4. There is no action, suit, or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Participant, threatened against or affecting the Participant, or any properties or rights of the Participant, which, if adversely determined, would materially impair the right of the Participant to execute or perform any of the Participant's Obligations, or would materially adversely affect the financial condition of the Participant; 5. Neither the execution and delivery of this Agreement and documents referenced herein,nor the incurrence of the Participant's Obligations,nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referenced herein conflict with or result in the material breach of any terms,conditions or provisions of, or constitute a default under, any bond,note or other evidence of indebtedness or any D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -19- i a contract, indenture,mortgage,deed of trust,loan,partnership agreement,lease or other agreements or instruments to which the Participant is a party; 6. To the best of the Participant's knowledge, there are no pending, threatened or contemplated actions, suits, arbitrations, claims or proceedings, at law or in equity, affecting the Participant's Interest in the Site or in which the Participant is, or to the best of the Participant's knowledge will be,a party by reason of the Participant's Obligations,including,but not limited to,judicial,municipal or administrative proceedings in eminent domain,unlawful detainer or tenant evictions, collections, alleged building code, health and safety or zoning violations, employment discrimination or unfair labor practices,or workers' compensation,personal injuries or property damages; 7. No attachments,execution proceedings,assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending or threatened against the Participant, nor are any of such proceedings contemplated by the Participant; 8. All reports, documents, instruments, information and forms of evidence delivered to the Agency concerning or required by this Agreement were accurate and correct at the time of delivery in all material respects; 9. No representation, warranty or statement of the Participant in this Agreement contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements or facts contained therein not misleading. b. As an inducement to the Participant to enter into this Agreement and develop the Site as provided herein, the Agency hereby represents and warrants to the Participant, which representations and warranties are true and correct as of the date of this Agreement: 1. The Agency has the legal power,right and authority to enter into this Agreement and the instruments referenced herein,and to consummate the transactions contemplated hereby; 2. This Agreement and all documents required hereby to be executed by the Agency are,and shall be,valid,legally binding obligations of and enforceable against the Agency in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles affecting or limiting the rights of contracting parties generally; 3. No attachments,execution proceedings,assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending or threatened against the Agency, nor are any of such proceedings contemplated by the Agency; C. The truth and accuracy of each party's representations and warranties made herein shall constitute a condition for the benefit of the other party to the performance of such other party's obligations hereunder. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -20- PART 4. DEFAULTS AND REMEDIES Section 401 Defaults - General Failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure,correction or remedy with reasonable diligence,and during any period of curing shall not be in default,so long as it endeavors to complete such cure,correction or remedy with reasonable diligence,and provided such cure,correction or remedy is completed within the applicable time period set forth herein after receipt of written notice(or such additional time as may be deemed by the complaining party in its reasonable discretion to be reasonably necessary to correct the default). Section 402 Defaults -Notice a. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Failure or delay in giving such written notice shall not constitute a waiver of any default,nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. b. If a monetary event of default occurs, prior to exercising any remedies hereunder,the injured party shall give the party in default written notice of such default. The party in default shall have a period of thirty(30)calendar days after such written notice is received or deemed received within which to cure the default prior to exercise of remedies by the injured party. C. If a non-monetary event of default occurs, prior to exercising any remedies hereunder, the injured party shall give the party in default written notice of such default. If the default is reasonably capable of being cured within thirty(30)calendar days after such written notice is received or deemed received, the party in default shall have such period to effect a cure prior to exercise of remedies by the injured party. If the default is such that it is not reasonably capable of being cured within thirty(30)days,and the party in default(i)initiates corrective action within said period, and(ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then the party in default shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the injured party, not to exceed ninety(90) days after the first written notice of default is given. d. Any notice of default that is transmitted by electronic facsimile transmission followed by delivery of a"hard"copy,shall be deemed delivered upon its transmission;any notice of default that is personally delivered(including by means of professional messenger service, courier service such as United Parcel Service or Federal Express,orbyU.S.Postal Service),shall be deemed D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -21_ received on the documented date of receipt; and any notice of default that is sent by registered or certified mail,postage prepaid,return receipt required shall be deemed received on the date of receipt thereof. PART 5. GENERAL PROVISIONS Section 501 Notices, Demands and Communications between the Parties Formal notices,demands and communications between the Agency and the Participant shall be deemed sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested,to the respective addresses of the Agency and the Participant set forth in Sections 105 and 106 hereof. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail. Section 502 Conflict of Interest a. No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. b. The Participant warrants that it has not paid or given,and will not pay or give, any third person any money or other consideration for obtaining this Agreement. Section 503 Nonliability of Officials and Employees No member,official or employee of the Agency shall be personally liable to the Participant, or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Participant or successor or on any obligation under the terms of this Agreement. No member, official or employee of the Participant shall be personally liable to the Agency, or any successor in interest in the event of any default or breach by the Participant or for any amount which may become due to the Agency or successor or on any obligation under the terms of this Agreement. Section 504 Approvals a. Except as otherwise expressly provided in this Agreement,approvals required of the Agency or the Participant in this Agreement, including the attachments hereto, shall not be unreasonably withheld, conditioned or delayed. All approvals shall be in writing. Except as otherwise expressly provided in this Agreement,failure by either party to approve a matter within the time provided for approval of the matter shall not be deemed a disapproval, and failure by either D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -22- party to disapprove a matter within the time provided for approval of the matter shall not be deemed an approval. b. Except as otherwise expressly provided in this Agreement,approvals required of the Agency shall be deemed anted b the written approval of the g' y pp Executive Director or his/her designee. The Agency agrees to provide notice to the Participant of the name of the Executive Director's designee on a timely basis,and to provide updates from time to time. Notwithstanding the foregoing, the Executive Director or designee may, in his or her sole discretion, refer to the governing body of the Agency any item requiring the Agency's approval; otherwise, "Agency approval" shall mean and refer to approval by the Executive Director or designee. Section 505 Time of Essence Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Agreement. Section 506 No Partnership Nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture, or any other similar relationship between the parties hereto or cause the Agency to be responsible in any way for the debts or obligations of the Participant or any other Person. Section 507 Compliance with Law The Participant agrees to comply with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the development of the Site and the Project. The judgment of any court of competent jurisdiction,or the admission of the Participant or any lessee or permittee in any action or proceeding against them,or any of them, whether the Agency be a party thereto or not, that the Participant, lessee or permittee has violated any such ordinance or statute in the development and use of the Site shall be conclusive of that fact as between the Agency and the Participant. Section 508 No Third Party Beneficiaries The parties to this Agreement acknowledge and agree that the provisions of this Agreement are for the sole benefit of the Agency and the Participant, and not for the benefit, directly or indirectly, of any other person or entity, provided, however, that the City shall be deemed a third party beneficiary of each term or condition except as otherwise expressly provided herein. Section 509 Authorityto o Sign The Participant hereby represents that the persons executing this Agreement on behalf of the Participant have full authority to do so and to bind the Participant to perform pursuant to the terms and conditions of this Agreement. Concurrently with the Participant's submission of this Agreement to the Agency for execution, the Participant will submit to the Agency a copy of documents DMUNTINGTON BEACH PROD\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1J4/06 -23- evidencing the due formation and nature of the Participant and the signatory's authority to sign on behalf of the Participant. Section 510 Incorporation by Reference Each of the attachments and exhibits attached hereto is incorporated herein by this reference. Section 511 Counterparts This Agreement may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. Section 512 No Merg There shall be no merger of this Agreement or the Agreement Containing Covenants Affecting Real Property. Section 513 Enforced Delay; Extension of Times of Performance In addition to specific provisions of this Agreement,performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to causes beyond the control and without the fault of the party claiming an extension of time to perform, including war, insurrection strikes lock-outs riots floods earthquakes, fires casualties acts of God acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation; governmental restrictions or priority,unusually severe weather, inability to secure necessary labor, materials or tools,delays of any contractor,subcontractor or suppliers,acts of the other party,or acts or failure to act of City or any other public or governmental agency or entity(except that an act or failure to act of Agency shall not excuse performance by Agency). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of knowledge of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Participant and the Agency. PART 6. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement is executed in five(5)duplicate originals,each of which is deemed to be an original. This Agreement includes twenty six(26)pages and four(4)attachments,which constitute the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto,and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -24- All waivers of the provisions of this .Agreement must be in writing and signed by the appropriate authorities of the Agency or the Participant, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Participant. PART 7. TIME FOR ACCEPTANCE OF AGREEMENT BY THE AGENCY; TERM Section 701 Time for Acceptance of Agreement This Agreement, when executed by the Participant and delivered to the Agency, must be authorized,executed and delivered by the Agency within sixty(60)days after date of approval of this Agreement by the Site Owner or this Agreement may be terminated by the Participant upon written notice to the Agency. The effective date of this Agreement(the"Effective Date") shall be the date when this Agreement has been executed by the Agency. Section 702 Term Except as set forth below,this Agreement shall be effective for a period of thirty(30)years from the issuance of the Certificate of Occupancy. Notwithstanding the foregoing, this Agreement and the Agreement Containing Covenants Affecting Real Property described in Section 306 shall be deemed terminated and of no further force or effect upon the happening of either of the following: (a) if prior to the commencement of any construction on the Site,either City Entitlement terminates or expires for any reason including but not limited to a determination by any court or governmental entity with jurisdiction thereof that such Entitlement is void or of no force or effect, in which event thereafter neither the Agency nor the Participant shall have any rights against, or obligations to, the other hereunder; or (b) if prior to the issuance of the Certificate of Occupancy, the Participant provides written notice to the Agency that it is abandoning the development of the Project and operation of the Facility;provided;however,that termination of this Agreement and the Agreement Containing Covenants Affecting Real Property under this paragraph (b) shall not be deemed to affect any obligation of the Participant to complete the demolition, removal, and restoration work required by Section 203 of this Agreement nor to maintain the bond required therein until such work is completed. IN WITNESS WHEREOF,the Agency and the Participant have signed this Agreement as of the dates set opposite their signatures. [Signatures on following page] D:\HUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL T-4- 06.DOC 1/4/06 -25- REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH Dated: Name: Its: APPROVED AS TO FORM: Agency General Counsel APPROVED AS TO FORM: Special City/Agency Counsel Kane, Ballmer& Berkman POSEIDON RESOURCES CORPORATION, a Delaware corporation Dated: 1 - 5 - Q By: i Its: 4 o Dated: By: Its: CONSENT TO AGREEMENT AND RECORDATION OF DOCUMENTS AES Huntington Beach Development,LLC("Site Owner")as owner of the Site which is the subject of this Agreement hereby consents to this Agreement and to the recordation of the Agreement Containing Covenants Affecting Real Property(Attachment No. 4) against its fee ownership in the Site. Site Owner further agrees to execute such other and further documents as the Agency determines in its reasonable discretion are necessary to effectuate the terms and conditions of this Agreement. Dated: By: Its: Dated: By: Its: D:\HUNTINGTON BEACH PROD\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1J4/06 -26- ATTACHMENT NO. 1 SITE MAP [TO BE ADDED] ATTACHMENT NO. 2 LEGAL DESCRIPTION [TO BE ADDED] ATTACHMENT NO. 3 SCOPE OF DEVELOPMENT The Project shall consist of a seawater desalination plant and water transmission line as approved by the City of Huntington Beach in Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05. ATTACHMENT NO. 4 AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY [behind this page] WHUNTINGTON BEACH PROJ\PERMITS G'APPROVALS\HB LOCAL PERMITS'04'05\CUP 2005\OPA\OPA(2005)FINAL 1-4- 06.DOC 1/4/06 -J�- Esparza, Patty From: Flynn, Joan Sent: Wednesday, December 07, 2005 8:58 AM To: Lugar, Robin; Esparza, Patty Subject: Fw: Poseidon water project -----Original message----- From: Peggylc05@aol.com To: jflynn@surfcity-hb.org CC: normw@modernpublic.com Sent: Wed Dec 07 08:56:04 2005 Subject: Poseidon water project Dear Council Members and City Clerk, I strongly urge you to vote YES to approve all of your staffs recommend actions for the Poseidon water project because: You will lose all municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. The project has no risk to the taxpayer. It is a privately owned business. Huntington Beach will lose a much needed 50 million gallon emergency water storage facility which would increase public safety in an emergency to help prevent water disruptions in the event of a disaster, as was witnessed in New Orleans after hurricane Katrina. HB will lose the discounted rate of 5% below the cost of MWD water for 3 million gallons per day of water into our system. We will be doing our share help to save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is important issue to many members of HB. The project is properly zoned. It will make improvements to a blighted area without utilizing the redevelopment agency. It has no serious long-term negative impacts to the environment or the community. It will establish a new business partner which will bring new jobs, opportunities and prosperity into HB. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Peggy Christensen — , . �` Page 1 of 1 Esparza, Patty From: Flynn, Joan Sent: Tuesday, December 06, 2005 9:59 AM To: CITY COUNCIL; Esparza, Patty; Lugar, Robin Subject: FW: Poseidon Project -----Original Message----- From: Dr. Michael R. Edelstein [mailto:DrEdelstein@ThreeMinuteTherapy.com] Sent: Tuesday, December 06, 2005 8:26 AM To: jflynn@surfcity-hb.org Subject: Poseidon Project I support the privately funded Poseidon desalination water project in Huntington Beach. I ask that the council members vote YES to approve all of the staff s recommendations for the CUP& CDP. Please have these comments entered into the public record for consideration on the day the final vote is taken. Dr. Michael R. Edelstein 12/12/2005 SANDRA GENIS, PLANNING RESOURCES 1586 MYRTLEWOOD COSTA MESA, CA. 92626 PHONE/FAX(714)754-0814 December 30, 2005 Honorable Mayor Dave Sullivan and Members of the City Council Huntington Beach City Hall 2000 Main Street Huntington Beach, Ca. 92648 Subject: Conditional Use Permit No. 02-04, Poseidon Dear Mayor Sullivan and Members of the City Council: Thank you for the opportunity to comment upon Conditional Use Permit No. 02-04. This letter is submitted on behalf of Huntington Beach Residents for Responsible Desalination. Poseidon Resources Corporation has requested that the City of Huntington Beach approve Conditional Use Permit No. 02-04 in order to allow the construction and operation of a seawater desalination plant on property at 21730 Newland Street, located in the PS (Public-Semipublic) Zoning District in the City of Huntington Beach. Environmental Impact Report SCH No. 2001051092 has been prepared for the project and certified by the City of Huntington Beach. In accordance with Section 24 1.10 of the Huntington Beach Zoning Code: An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or Zoning Administrator finds that: A. For All Conditional Use Permits. 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; 2. The granting of the conditional use permit will not adversely affect the General Plan; 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. B. For Variances... C. Mandatory Denial. Failure to make all the required findings under(A) or (B)shall require denial of the application [emphasis added]. / _ 6 0� Page 1 of 7 As discussed in my�letter of October 17, 2005(Attachment S), Finding No. (A)i cannot be made due to specific, identified detrimental effects of the proposed project. Similarly, it appears that Findings No. (A)2 or(A) 3 cannot be made either, inasmuch as the proposed Poseidon plant appears to be inconsistent with the Huntington Beach General Plan Land Use Element, Zoning Code, and Local Coastal Program Land Use Plan, which do not allow general industrial uses on the subject property. Thus, Conditional Use Permit No. 02-04 must be denied. The Huntington Beach General Plan designates the project site for utility uses The Land Use Element of the Huntington Beach General Plan designates the project site for Public use(Attachment 1). As stated in Goal LU 14, the purpose of this designation is to: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. This Public use designation generally permits the following: Governmental administrative and related facilities, such as public utilities, schools, public parking lots, infrastructure, religious and similar uses. This is refined further in Table LU-4 (Attachment 2), which specifically designates area 4G, then the Edison plant, now AES, for utility uses and wetlands conservation and does not identify any other permitted use. Thus, in accordance with the above policies, development on the site must be a utility use, except for the portion of the site designated for wetlands conservation, and such use must"support the needs of Huntington Beach's residents". The Huntington Beach Local Coastal Program designates the proiect site for Public uses The Land Use Plan of the Huntington Beach Local Coastal Program designates the project site for Public use(Attachment 3). This designation generally permits the following: Governmental administrative and related facilities, such as public utilities, schools, public parking lots, infrastructure, religious and similar uses. The Huntington Beach Zoning Code designates the project site for Public and Semi-public uses. The Huntington Beach Zoning Code places the project site in the PS (Public-Semipublic) District (Attachment 4). As provided under Zoning Code Section 214.06 (Attachment 5), the following uses are permitted in the PS District: PS DISTRICT LAND USE CONTROLS: P=Permitted L=Limited (see Additional Provisions) PC = Conditional use permit approved by Planning Commission Page 2 of 7 TU=Temporary Use Permit P/U=Requires conditional use permit on site of a conditional use Public and Semipublic Cemetery PC Cultural Institutions PC Day Care, General PC Government Offices L-1 Hospitals PC Maintenance & Service Facilities L-1 Park& Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA Residential Care, General PC Schools, Public or Private PC Utilities, Major PC Utilities, Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs P Nonconforming Uses L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. (3673-12/04) L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet, only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Zoning Administrator. (3673-12/04) L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) It is noted that desalination facilities are not included in the above list of allowable uses in the PS District, nor are general industrial uses. Utility uses are permitted, however. Zoning Code Page 3 of 7 Section 204.08, Public and Semipublic Use Classifications(Attachment 6), includes the following definitions of utilities: R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities [emphasis added]. S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. Planning conformity cannot be determined without defining Poseidon's status as a public utility. At the heart of the planning conformity issue is whether Poseidon is or is not a public utility. Section 216 of the California Public Utilities Code defines a utility as follows: (a) "Public utility" includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. (b) Whenever any common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation performs a service for, or delivers a commodity to, the public or any portion thereof for which any compensation or payment whatsoever is received, that common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation, is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part. (c) When any person or corporation performs any service for, or delivers any commodity to, any person, private corporation, municipality, or other political subdivision of the state, that in turn either directly or indirectly, mediately or immediately, performs that service for, or delivers that commodity to, the public or any portion thereof, that person or corporation is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part.... To date, Poseidon has not identified any specific "public" intended to receive the drinking water to be produced except, possibly, the City of Huntington Beach. In fact, the Environmental Impact Report (EIR)for the proposed project repeatedly indicates that no end user has been identified and that no contract exists with any existing water purveyor. Page 4 of 7 Huntington Beach staff has stated that Poseidon is not a utility. Huntington Beach staff has stated repeatedly that Poseidon is not, in fact, a utility. At the City Council study session of December 8, 2005, Public Works Director Robert Beardsley indicated that Poseidon was not considered a utility. Similarly, Costa Mesa City Council Agenda Report IX.3, prepared for Costa Mesa's November 1, 2005 City Council meeting (Attachment 7) states: Costa Mesa staff has researched the Project applicant's authority for the placement of pipeline in the public right-of-way within our City. Based on discussions with the City of Huntington Beach planner for the project,the applicant, Poseidon Resources Corporation, is a private entity and is not considered a utility and therefore would not be governed by the Public Utilities Commission (PUC). Accordingly, the Environmental Impact Report(EIR)for the proposed project does not list the Public Utilities Commission as a responsible agency. If the proposed project were not a utility, it would be no different from any other industrial use. The EIR appears to consider the proposed project to be an ordinary industrial use, as Page 5.1-11 of the EIR states: RELEVANT PLANNING The project proposed evaluated within this EIR proposes to implement a 50 mgd desalination facility within an industrial area... In addition, in the list of general plan policies applicable to the proposed project, Pages 5.1-8 and 5.1-9 repeatedly identify policies applicable only to industrial uses or only to industrial and commercial uses. Required use permit findings cannot be made to approve the project as a non-utility. As noted above Section 24 1.10 of the Huntington Beach Zoning Code requires that findings be made that a proposed project does not conflict with existing zoning and planning if a use permit is to be approved. In this case, the proposed use appears to be a private industrial use, not a utility, which would not be permitted under the adopted general plan and zoning. General Plan Goal LU 14 above would also require that a utility project"support the needs of Huntington Beach's residents". On December 19, 2005, the Huntington Beach City Council found that the city had adequate water to meet its needs and that the City had additional water to serve over three hundred new homes to be built in an area not currently within the boundaries of the City of Huntington Beach. There is thus no identified need for additional water which the proposed desalination facility would fulfill. Page 5 of 7 If Poseidon is planned to become a utility, the EIR is deficient In accordance with Section 15124 of the Guidelines for Implementation of the California Environmental Quality Act(CEQA): The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact... ... A statement briefly describing the intended uses of the EIR (1)This statement shall include, to the extent that the information is known to the Led Ag ency, gency, (A) A list of the agencies that are expected to use the EIR in their decision-making, and (B) A list of permits and other approvals required to implement the project. (C) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies. To the fullest extent possible, the lead agency should integrate CEQA review with these related environmental review and consultation requirements... As noted above, the project EIR fails to identify the Public Utilities Commission(PUC) as a responsible agency for this project. The EIR also fails to discuss the implications of Poseidon operating as a utility or to identify the portion of the public to be served by the proposed project. This precludes any meaningful analysis of the growth inducing impact of the proposed project or other impacts associated with the rights to be conferred upon Poseidon should it commence operation as a utility. If the applicant intends to operate the proposed project as a utility, then the EIR must identify the portion of the public to be served and address any PUC approvals that may be required. To eschew identification of the ultimate water user and blithely forego any type of PUC scrutiny or discussion until some unknown point in the future, possibly when construction is underway and the project is a fait accompli, would cause the project to be addressed in a piecemeal fashion. This is contrary to the purposes of CEQA which requires that an EIR address the whole of an action (Guidelines Section 15378). As stated in Section 15378(c): The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not[emphasis added] mean each separate governmental approval. CEQA prohibits the type of piecemeal approach to project analysis undertaken here(Bozung v. Local Agency Formation Com., supra, 13 Cal.3d at pp. 283-284, 99 Cal.Rptr. 745, 492 P.2d 1137). Page 6 of 7 The project must not be approved while significant questions remain While it appears that the proposed project is not a utility at present, if it is proposed that Poseidon become a utility at some point in the future, numerous issues remain to be addressed. I. Is it intended that Poseidon become a utility? 2. If not, how can Poseidon be approved to build and operate on the AES site? 3. If so, what approvals will be needed from the PUC? 4. If so, what additional environmental documentation is proposed in order to address PUC approvals and inducement of growth in the area to be served? 5. Will the PUC be required to approve any agreements between Huntington Beach and Poseidon that would cause Poseidon to become a utility? 6. Would PUC approval be required for any special water rates or other financial incentive to be provided to the City of Huntington Beach by Poseidon? 7. What additional benefits would accrue to Poseidon if it were to become a utility, including but not limited to achievement of zoning conformity, right to use public streets, and any special taxation status? 8. What is the monetary value of any such benefits? 9. Does Poseidon propose to share any such value with the City of Huntington Beach? It may be noted that absent PUC approval, imagined benefits of the project may prove to be ephemeral. The application for the proposed Poseidon facility must be denied As noted above, in order to approve Conditional Use Permit No. 02-04, the city must find that the project will not conflict with the City's zoning and general plan. While a utility use would be permitted on the project site, staff has repeatedly indicated that Poseidon is not a utility. It would therefore be an ordinary private industrial use which is not a permitted use on the subject property. Therefore, in accordance with Section 241.10, denial of the application for Conditional Use Permit No. 02-04 is required. Yours truly, Sandra L. Genis Attachments: L Huntington Beach General Plan land use map 2. General Plan Land Use Element Table LU-4 3. Local Coastal Program Land Use Plan 4. Zoning map 5. Zoning Code Section 214.06 6. Zoning Code Section 204.08 7. November 1, 2005 Costa Mesa City Council Agenda Report IX.3 8. S. Genis letter of October 17, 2005 Page 7 of 7 ...im •�I - �== �. 11KI, AIR General Plan -Z i, Seawatcr f r Desalinat _ q:iyi.Ar/ A'fn15, i yyr,C , Yr, h �h`• l �( yV/+ r, ion a avi.YtK.r.,J� ;k Plant City of!/untinFton Reach •:fir. .s. :) '� S. ;w Ti'''.A• pF,aC'sH.FlifblNerlhaRry ,1�<•l�6, ^�'• � ��h•�i{+� ri! fr L�A'I$� 6` y ,�4k�+ 'tix?4 ,Y'h r � ems««r rr. r r���Jµ��tf f����?c�o � �'�� ''� "" •, '� `tt,�l 9p9p x��'� � ~ , � r�,w y r t ' rrJ�•�1 ha� Fi`¢�r,�.. �1 �! i„ "VY 7 ` x' 2z' �� 6!fl 7 r !et n •h ti � ,� a ti.. a t(nja lly 1S+1';1 I +'lti.� i Y J. � ,( 9N� /N' � "4L'• ��rM��,r'q 45 .r'•�R rtt+�4�.4,r•}t,t t. ��e x 1 � r*' c p w r C 4 'r,�xy v'e<2 1'?CJT4 f� �¢t• i2•.�'t1rJ"r ° � '� �y�,"k,•!' f 4'� � ra �„� `�^. • nu 't'.'i � t �`` Efi 7 y,+ e r.i� �hf�A(� y,,.� } �;� eA �, k � Jk�•�fi} lr' .wv i•Ay �r .� f. k� H , w`, et rF t x hw k 31 1 Fir Jy �' { •t .A Jl t '�ti ft/ K' r t A(^� ^t Y 1 (� y�y� q 1 1' u• �"k tt2v s Jt� 4 ��y ���z'�1��y��•�x J� • �iryJ+�t,,.yl�{. �' �!?}��..YLS.�1} yh. r 1 .ws,. ' t u �r�4 r •�'2�$r a !� Q a��y 3 wYi x� r '`, � r.r.. AY�� t� ?,• •M zt. .f� 1 N,r � !^ A � E4 ni � t n! �� ) C A, (w ts�4w"dt•�, t. t v NK. , r r 3 ^s�)° �'1 A�i'f � A �� «^ ��{ tl k�/{ '9:f r rJf I W r. F'/r+W A.�'4. �'Y� �'t , fi fr rA'fd'¢yrvsi ^rr a .e z i'� � r"`r, � .I. K it r"tpry��.3 '��S K><�•`yn�. ��µ • �; ;.:ti rd �.. { i) 4RTM.sa'i ,'� �A Ay It r •gyp k'�� Y'Y:3'T+.k" r Ri f r iF•• f q rr„y,'t t t"r x t 4 i s f,T ✓ Si;. . "�`eJ�}J�ry{�j�ti Lrft 5;... •r r -r ` i.K'R c( � fl tr`Tarlt�iys Open Space y� d' (Shore)p P' Public s9rJiirµ• ��¢ 7yJ�f+� r ks A OS C Open Space Parcels r fbgri'7 afC ��y w. :w. !� •�,�, (Conservation) '4�•t .'JI�r{^ r�.7�rr u r . - Commercial Visitor <-J SE Coastal Area 7714ty Industrial (Max.floor area ration of 0.5•design overlay) Residential Medium Density 'v'•$ (Max.Of 15 dwelling units per acre) r+•ui H,+rvn,ui+nrnr •,� �� �..•,vi r �t �* ^1 x r I M Residential Medium Density ti a • s, . YEA (Max.of 15 dwelllnp units per acre) �� o�(.•��v..•... RL4 Resldentlal Low DensityAr•..�..�.»•ti�M,. _ N� tf�r .p1J� ,gyp^,• , (Max.of 7.0 dwolling units per not acre �.V�.•��.� •• t ) ti'1.��� rty�jrAbr,F s�'�'i%�^'"•4••r a.. Source:City of Huntington Beach,December 2004. SEAWATER DESALINATION PROJECT AT HUNTINGTON BEACH Q Land. Use Designations CUMt Attachment 2 TABLE LU4(font.) Community District and Subarea Schedule ;Y Subarea I Characteristic Standards and Principles 4E Design and Category: a PCH/Beach Development • Establish a major streetscape element to identify the Beach Northeast Boulevard-PCH intersection. (Cont.) Site,design,and limit the scale and mass of development,as necessary, to protect wetlands. • Maintain visual compatibilitywith the downtown. • Incorporate onsite recreational amenities for residents. ' • Minimize access to and from PCH,.providing an internal roadway system. • Incorporate extensive landscape and streetscape. 4F Permitted Uses Category: Conservation("OS-C") Wetlands Wetlands conservation. 1 4G Permitted Uses Category: Public("P")and Conservation("OS-C") Edison Plant • Wetlands conservation. • Utility uses. Design and In accordance with Policy LU 13.1.& Development .,, 4H Permitted Uses Category: Conservation("OS-C") Brookhurst- Wetlands conservation. Magnolia 4I Permitted Uses Category: Residential High("RH") Atlanta-First Multi-family residential,parks and other recreational amenities,schools,and (Lake)Street open spaces. Density/Intensity Category: "-30" • Height: four(4)stories ' Design and Category: Specific Plan("-sp") Development Re utresthe preparationand conformanceto a specific or master plan. • Establish a cohesive,integrated residential development in accordance with the policies and principles stipulated for "New Residential Subdivision?'(Policies9.3.1-9.3.4). • Allow for the clustering of mixed density residential units and integrated ` commercial sites. • Require variation in building heights from two(2)to four(4)stories to promote visual interest and ensure compatibility with surrounding land uses. 0 THE CITY OF HUNTINGTON BEACH GENERAL PLAN I I-LU-55 h":` Attachment 3 K .�k G f s O 0 �f sra� n - 4c��- c . O r wwt oltw ZONE 5 LEGEND RL RESIDElTruLLOWDENSITY YY PM RESIDENTIAL MEDIUM DENSITY \�\ CV COMMERCIAL VISn'OR CG COMMERCIAL GENERAL Z PC/BLIC P PUBLIC INDUSTRIAL I MUSIIUAL OPFVSPACE OS_C CONSERVATIONMETLAND OS-S SHORE OVERLAY -d DESIGNOVERLAY -sp SPFCWIC PLAN OVERLAY COM117KRCLI4 MUSMA4 AJAED USE DEtysnrSCHED ME F2 0.5 COASTAL ZONE BOUNDARY HM NTDNBEACHCITYLA•IITS AM HUNTINGTON BEACH COASTAL ZONE ' ZONE 5 LAND USE PLAN o n � CITY Of HUNTINGTON BEACH COASTAL ELEMENT v N-G24 HAMfLT Base Zoning Seawater Desalination Plant y c r I City of lluntinF;lGn llcnch .rr,• 77 .r c•, t FT EE E f o.. r r 3 I li R1IMP 1 tt 4"1rir14�' y�+ilFlw jv= - !)wat(r'S4 T 1 tih '/� i rI�A'•IZa�j?5 � +Y u� V 1 J�fa1K �� tt}.� y1 L a Yitb , rt ♦...�, t.. �a �`y`l��`j�i'n:'.�^ llt'�x.. of 11.t�Q F F13nnirl � i � „In.�n,n,nnrnr.l ti t►+'%:� ;;�t� I� I Ix.lwu wxlx.xlxl 4 J { J � Ny����� Id>V110I�AM1 r•xl..F N.r:lxxlxnl s.n.11.lrr:r 14(+r'}'�� (l �hpti7•.. "r.r ;�tl�(,l e cn� MA I• ux..Lrrxlxl nux.ou.xx I,t nt I....ann•u.rtn..nnxwnl C y 'F tRrM,Po sM.na.nlm..rIl.lrnn, 1��i'l!,+��}{%�'11�{+Vl((.I,+t�Se rg.y yk�f+,'�'>">!♦) }L(+ _, * y CVC. Y ' ......I.....� ......... .��....a�1..�� lnll '"x n �.•I. .� •4'I 1 f,1 ]]tJ J ii:7�,�1 a I t.�(` .........�.....�. «`.r -A nld It Ail.„ 1�N+ F9 rrr�wn/ Source:City of Huntington Beach.December 2004. ® SEAWATER DESALINATION PROJECT AT HUNTIN( _._.._ Zoning Al Attachment 5 Chapt er Z14 FS Pub 11c.Sem public District (3334 6/97,3524-2/02,3553-5102,3568-9/02,3673-12/04) Sections: 214.02 Public-Semipublic District Established 214.04 Applicability 214.06 PS District: Land Use Controls 214.08 PS District: Development Standards 214.10 Review of Plans 214.02 Public-Semipublic District Established The PS Public-Semipublic District is established by this chapter. This district provides areas for large public or semipublic uses. The intent of this district in the coastal zone is to implement the Public, Quasi-Public, and Institutional land use designation of the certified Local Coastal Program Land Use Plan. (3334-6197) 214.04 Applicability The PS District shall be the base district for the use classifications listed in Section 214.06 where these have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. This requirement does not apply to Public-Semipublic use classifications in commercial districts. Public-semipublic use classifications on sites of less than 2 acres shall be subject to the provisions of the base and overlay districts in which they are located.(3553-5/02) 214.06 PS District: Land Use Controls In the following schedule, letter designations are used as follows: "P" designates use classifications permitted in PS districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "TU" designates use classifications allowed on approval of a temporary use permit. "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the"Additional Provisions" column refer to provisions following the schedule or located elsewhere in the zoning ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 1 of 5 i PS DISTRICT: P = Permitted LAND USE CONTROLS L Limited(see Additional Provisions) PC = Conditional use permit approved by Planning Commission TU = Temporary Use Permit P/U = Requires conditional use permit on site of a conditional use Additional PS Provisions Public and Semipublic Cemetery PC Cultural Institutions PC Day Care,General PC Government Offices L-1 Hospitals PC Maintenance& Service Facilities L-1 Park &Recreation Facilities PC Public Safety Facilities PC Religious Assembly ZA (3524-2/02) Residential Care, General PC Schools, Public or Private PC Utilities,Major PC Utilities,Minor P Commercial Uses Commercial Parking Facility L-3 Communication Facilities L-4 (3568-9/02) Eating and Drinking Establishments L-2 Vehicle/Equipment Sales and Services L-1 Accessory Uses Accessory Uses and Structures P/U Temporary Uses (A) Animal Shows TU Circuses and Carnivals TU Commercial Filming, Limited TU Trade Fairs P (3673-12/04) Nonconforming Uses (B) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 2 of 5 PS District: Additional Provisions L-1 City-owned facilities are permitted; all other facilities require a conditional use permit from the Zoning Administrator. (3673-12/04) L-2 Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than 5,000 square feet,only if there is no separate entrance or sign. L-3 Public parking permitted, but commercial parking facilities on City-owned land require a conditional use permit from the Zoning Administrator. (3673-12/04) L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. (3568-9/02) (A) See Section 241.20: Temporary Use Permits. (B) See Chapter 236: Nonconforming Uses and Structures. 214.08 PS District: Development Standards The following schedule prescribes development standards for the PS district. The first column prescribes basic requirements for permitted and conditional uses in the district. Letters in parentheses in the"Additional Requirements" column refer to standards following the schedule or located elsewhere in the zoning ordinance. In calculating the maximum gross floor area as defined in Chapter 203, the floor area ratio is calculated on the basis of net site area. Fractional numbers shall be rounded down to the nearest whole number. All required setbacks shall be measured from ultimate right-of-way and in accordance with definitions set forth in Chapter 203 Definitions. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 214 Page 3 of 5 Attachment 6 D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision,protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-&97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection,or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.(3334-&97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6i97) C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6i97) 4. Emergency Shelters_ Establishments offering food and shelter programs for"homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) S. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for prograrn participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6197) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 2 of 12 6. Residential Care,General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection,or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California.(3334- 6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Non-medical care and supervision for 7 to 12 persons,or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3334-6/97,3669-12/04) G. Day Care,General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97,3669-12/04) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative,clerical, or public contact offices of a government agency, including postal facilities,together with incidental storage and maintenance of vehicles. (3334-6/97) I Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334- 6/97) K. Hospitals. Facilities providing medical,surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6197) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classificati n includes o c udes corporation yards, equipment service centers and � Y > Similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6197) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 3 of 12 O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6197) Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334- 6/97) R Utilities,Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection,transfer, recycling or disposal facilities,flood control or drainage facilities, water or wastewater treatment plants,transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities,Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97.3378-2/98) B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. (3334-6/97) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. (3334-6/97) Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 4 of 12 Attachment 7 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 1,2005 ITEM NUMBER: SUBJECT: PROPOSED HUNTINGTON BEACH SEAWATER DESALINATION PLANT DATE: OCTOBER 19,2005 FROM: PUBLIC SERVICES DEPARTMENT-TRANSPORTATION SERVICES DIVISION PRESENTATION PETER NAGHAVI,TRANSPORTATION SERVICES MANAGER BY: FOR FURTHER INFORMATION CONTACT: PETER NAGHAVI,TRANSPORTATION SERVICES MANAGER,714-754-5182 RECOMMENDATION: Provide direction to staff on future steps on the Huntington Beach Seawater Desalination Plant project- BACKGROUND: Poseidon Resources Corporation is proposing to construct a Seawater Desalination Project in the City of Huntington Beach adjacent to the Applied Energy Services Corporation (AES) Huntington Beach Generating Station (HBGS). The site is located on Newland Street just east of Pacific Coast Highway. The proposed plant is expected to generate approximately 50 million gallons per day (MGD) of potable drinking water using the discharge from HBGS as source water. This potable water is then conveyed by 42 to 48-inch diameter pipelines for approximately 10 miles, to an existing Orange County Water District pipeline located at Del Mar Avenue and Elden Avenue in the City of Costa Mesa. A majority of the pipeline is proposed to go through the City of Costa Mesa within the right-of-way of several arterial streets such as Adams Avenue, Harbor Boulevard, Fair Drive and Del Mar Avenue, with some sections located within Fairview Park, Fairview Developmental Center and the Orange County Fairgrounds. A map of the entire length of the project within Costa Mesa is included in Attachment 1. ANALYSIS: A Draft Environmental Impact Report (DEIR) was released for public review during April and May 2005. City staff met with the project applicant as well as with the Huntington Beach staff on May 24, 2005, to discuss several issues concerning the project's impact to the City. Following the meeting, formal comments on the DEIR were provided to the City of Huntington Beach on May 26, 2005. A copy of City's comments and responses are included in Attachment 2. The concerns of the City due to the Seawater Desalination Project DEIR included the following: 1 • Pipeline alignment: The preferred pipeline alignment is proposed along Adams Avenue, Placentia Avenue, Harbor Boulevard and Fair Drive. These are major arterials in the City and are also adjacent to residential areas. The response to comments stated that impacts to major arterials would need to be minimized by limiting hours of construction to exclude rush hour periods, and limiting the length of pipeline/roadway to be constructed at any one time. • Construction Impacts: Staff expressed concern for impacts due to lane closures, proximity to residential areas, truck traffic, and noise. The response to comments stated that all issues would be addressed during the construction phase of the project through the permit approval process. Additional mitigation measures were included in response to the City's comments about the need for approvals from Costa Mesa for construction of pipeline. • Impacts to Fairview Park and Costa Mesa Country Club: The pipeline construction is expected to result in significant impacts to Fairview Park and operations at Costa Mesa Country Club, such as removal of vegetation/ landscaping, cultural resources impacts and closure of certain areas. In response to City's comments on the alignment of pipeline through Fairview Park and Costa Mesa Country Club, the DEIR noted the need to obtain approvals from the City for the alignment through City-owned areas. • Alignment through other properties such as Fairview Developmental Center and Orange County Fairgrounds: The response to comments states that the project applicant would obtain approval from Fairview Developmental Center and Orange County Fairgrounds prior to construction on their property. • Approvals from City for construction: In response to City comments, the project mitigation measures included the need for obtaining City approvals for construction of the pipeline in public right-of-way and city-owned properties. A detailed presentation of impacts will be provided during the November 1, 2005, City Council meeting. A follow-up letter was sent to the City of Huntington Beach on September 6, 2005, mentioning that the project is subject to review and approval by the City Council, Planning Commission and Parks & Recreation Commission. A copy of this letter is included in Attachment 2. On September 6, 2005, the recirculated Draft Environmental Impact Report (DEIR) was presented to the Huntington Beach City Council for certification. In addition, a separate report for consideration of a Conditional Use Permit (CUP) for the project was also 2 submitted. The Huntington Beach City Council approved the certification of the recirculated DEIR on September 6, 2005, by a 4-3 vote. However, on a 6-1 vote, the Huntington Beach City Council, while continuing the CUP approval to October 17, 2005, directed staff to provide a report on economic and other benefits to the City as well as impacts with pipeline construction. The minutes of September 6, 2005, Huntington Beach City Council meeting pertaining to the Seawater Desalination Plant project is included as Attachment 3. At the October 17, 2005, Huntington Beach City Council meeting, the benefits of the Desalination project were presented within the report for approval of the CUP (Attachment 4). The benefits included guaranteed water supply, emergency water supply, franchise payment for use of City of Huntington Beach right-of-way, and public right-of-way enhancements. However, the Huntington Beach City Council, on a 5-2 vote, continued the item to November 21, 2005, meeting. The primary concern of the Huntington Beach City Council was that the benefits to their City needed additional review. The minutes of the October 17, 2005, meeting are not available at this time. Costa Mesa staff has researched the Project applicant's authority for the placement of pipeline in the public right-of-way within our City. Based on discussions with the City of Huntington Beach planner for the project, the applicant, Poseidon Resources Corporation, is a private entity and is not considered a utility and therefore would not be governed by the Public Utilities Commission (PUC). The DEIR states that the applicant would "enter into institutional agreements with Mesa Consolidated Water District, MWD, the Municipal Water District of Orange County and other local water agencies that own or operate those portions of the regional water distribution that would be utilized for delivery of water produced by the project." With regard to the pipeline placement and construction, the applicant plans to obtain easements from affected jurisdictions. The City of Huntington Beach is considering a Franchise Agreement for the use of City right- of-way for Project's delivery pipeline and connection to the Orange County Water District line in Costa Mesa. Assuming that Poseidon Resources Corporation is not a public utility, the City of Costa Mesa could either deny the permit if the denial is supported by proper findings or charge a fee for use of public right-of-way for the installation of the pipelines. ALTERNATIVES CONSIDERED: The City Council could decide to take a position on the entire proposed Seawater Desalination Plant project, or just the pipeline portion of the project which is within the City of Costa Mesa. The City Council could also direct staff to deny any requests for use of public right-of-way, or City-owned property, to construct and operate a water pipeline. A third altemative is to direct staff to negotiate a franchise agreement for construction of a pipeline within the City of Costa Mesa city limits, if the Seawater Desalination Plant project is ultimately approved by the City of Huntington Beach. FISCAL REVIEW: There is no fiscal impact to the City with this item. All streets will be required to be repaired to their original condition. 3 LEGAL REVIEW The City Attorney has reviewed this item and has determined that if Poseidon Resources Corporation is not a public utility, the City could deny a permit for private use of the public right-of-way and use of City property for construction of a pipeline upon adoption of proper findings. The City Attorney has also confirmed that the City could require a franchise agreement for the construction and maintenance of this pipeline in the City right-of-way and on City property. This type of agreement would allow the City to charge a "franchise fee" in exchange for usage of the public right-of-way. Currently, the City has franchise agreements with several private utility companies. CONCLUSION: Poseidon Resources Corporation is proposing to construct a 50 million gallon per day (MGD) Seawater Desalination Plant project adjacent to the AES Generating Station in the City of Huntington Beach. An EIR for the project was prepared and circulated during April and May 2005. The City of Costa Mesa provided several comments, primarily the impacts due to construction of a pipeline within the City limits. The Huntington Beach City Council approved certification of the EIR on September 6, 2005, and continued the approval of CUP to October 17, 2005, and then again to November 21, 2005. The primary reason for continuation of the CUP approval was to obtain further details on the benefits of the plant to the City of Huntington Beach. if approval of the project is obtained from the City of Huntington Beach, the project applicant will be required to obtain permits from the City of Costa Mesa prior to proceeding with any pipeline construction within the City limits. Staff requests City Council direction on any future action from staff on this project. PETER NAGHAVI WILLIAM J. MORRIS Transportation Services Manager Director of Public Services DISTRIBUTION: City Manager City Attorney Deputy City Clerk Deputy City Manager—Dev. Svcs. Director of Public Services File ATTACHMENTS: 1 Proposed.-Pipeline-Alignment 2 Cit Comments on Seawater Desalination Plan Proiect 3 Excerpt from Meeting-Minutes-of September 6, 2005 Huntin ton Beach Cit Council Meetin 4 Staff,Report for CUP Approval Presented to,Huntington., Beach Cit Council on October 17 2005 4 SANDRA GENIS, PLANNING RESOURCES Attachment 8 1586 MYRTLEWOOD COSTA MESA, CA. 92626 October 17, 200:. Honorable Mayor Jill Hardy and Members of the City Council Huntington Beach City Hall 2000 Main Street Huntington Beach, Ca. 92648 Subject: Item D-4b, CUP No_ 02-04, Poseidon Dear Mayor Hardy and Members of the City Council: Poseidon Resources Corporation has requested that the City of Huntington Beach approve Conditional Use Permit No. 02-04 in order to allow the construction and operation of a seawater desalination plant on property t 21730 Newland Street, located in the PS (Public-Semipublic) Zoning District in the City of Huntington Beach. Environmental Impact Report SCH No. 2001051092 has been prepared for the project and certified by the City of Huntington Beach. In accordance with Section 24 1.10 of the Huntington Beach Zoning Code: An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or Zoning Administrator finds that: A. For All Conditional Use Permits. 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; 2. The granting of the conditional use permit will not adversely affect the General Plan; 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. B. For Variances... C. Mandatory Denial. Failure to make all the required findings under (A) or (B) shall require denial of the application [emphasis added]. In accordance with the above section, Conditional Use Permit No. 02-04 must be denied inasmuch as it will be detrimental to the welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood, specifically: Page 1 of 5 r The establishment of the proposed project will create air pollution emissions detrimental to persons residing and working in the vicinity. The proposed project will result in 353.26 pounds per day of nitrogen oxide emissions during the first year of construction and 376.71 pounds per day of nitrogen oxide emissions during the second year of construction, well over the 100 pounds per day threshold of significance identified by the South Coast Air Quality Management District(p. 5.9-12 to 19, EIR SCH 2001051092). This has been identified as a significant unavoidable impact in EIR SCH 2001051092. Even short term exposure to oxides of nitrogen results in adverse effects on those exposed. As stated in the 2003 Clean Air Plan prepared for the South Coast Air Basin by the South Coast Air Quality Management District: Increase in resistance to air flow and airway contraction is observed after short- term exposure to NO2 in healthy subjects. Larger decreases in lung functions are observed in individuals with asthma and/or chronic obstructive pulmonary disease (e.g., chronic bronchitis, emphysema) than in healthy individuals, indicating a greater susceptibility of these sub-groups. Construction impacts have also been identified as significant by the City of Costa Mesa, which the pipeline will traverse. (Comment d, Letter dated May 26, 2005) The establishment of the proposed proiect will create unacceptable levels of noise detrimental to persons residing and working in the vicinity and contrary to public interest. The City of Huntington Beach has declared in Section 8.40.010 of the Huntington Beach Municipal Code, that: It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, Section 8.40.050 of the Municipal Code establishes exterior noise standards of 55 dBA Leq during the day and evening (7:00 am to 10:00 pm) and 50 dBA Leq at night (10:00 pm to 7:00 am) for residential areas. Section 8.40.060 of the Municipal Code declares it unlawful to exceed noise standards by the following: 10 dBA for a cumulative period of 5 minutes in any hour 15 dBA for a cumulative period of 1 minute in any hour 20 dBA for any period of time In the event ambient noise levels exceed normally acceptable levels, maximum allowable noise levels would be increased to reflect ambient noise levels. The proposed project will generate a composite noise level of 92.2 dBA at location 50 feet from the construction activity during construction(EIR SCH 2O01051092 p. 5.9-21), a noise level exceeding ambient noise levels recorded at locations along the pipeline alignment by 18.3 to 24.5 dBA(EIR SCH 2O01051092 Page 2 of 5 Table 5.5-5), and 37.2 dBA in excess of normally acceptable daytime noise levels in residential areas of Huntington Beach. Thus, noise generated during construction would clearly exceed normally acceptable levels. It is acknowledged that construction noise is exempted from noise ordnance limitations, inasmuch as exceedance of the limits identified by city codes as significantly adverse is unavoidable and that sound levels at greater distances would be reduced, with noise at about 150 from construction reduced by about 10 dBA(EIR SCH 2O01051092, p. 5.9-21). However, for much of the proposed pipeline alignment, street rights of way are 100 to 120 feet or less, with residential uses on both sides of the street, resulting in a maximum distance between construction activities and residential uses of barely 50 feet, even if construction were pursued down the exact centerline of the roadway. Construction located off center would increase impacts on the near side of the street while decreasing impacts on the far side. However, because residential uses exist on both sides of the street in many areas, off-center construction would merely spread the pain differently. In one area, between Golf Course Drive and Harbor Boulevard in Costa Mesa, the pipeline would pass between residential developments separated only by a narrow bike path and small drainage ditch, resulting in the need for construction within much less than even the minimal 50 feet discussed in EIR SCH 2O01051092. Construction impacts have been also identified as significant by the City of Costa Mesa, which the pipeline will traverse. (Comment d, Letter dated May 26, 2005). Operation of the proposed project will create unacceptable levels of noise detrimental to persons residing and working in the vicinity, detrimental to the value of the property and improvements in the neighborhood, and contrary to the public interest. Ongoing operation of the proposed project will generate a combined sound level of 120.3 dBA. Sound levels at three feet from the reverse osmosis building will be 100.3 dBA. This will be attenuated by distance to 49.8 dBA at the nearest existing residential use. Section 241.12 of the Huntington Beach Zoning Code provides that a use permit address existing and potential uses on adjoining properties or in the surrounding area. The nearest property designated for residential use in the vicinity of the Poseidon site is the Ascon/NESI site, across the Orange County Flood Control District channel, which is designated for Medium Density Residential uses under the Huntington Beach General Plan. The nearest portion of the AsconINESI site is located approximately 250 feet from the reverse osmosis building. At this distance sound would be attenuated by distance to 61.8 dBA, exceeding City of Huntington Beach exterior residential noise standards of 55 dBA Leq during the day and evening (7:00 am to 10:00 pm) and 50 dBA Leq at night (10:00 pm to 7:00 am) (HBMC Sec. 8.40.050; EIR SCH 2O01051092 p. 5.5-6). This noise level would not only be detrimental to person residing in the area, but could depress residential property values. EIR SCH 2O01051092 has not identified any means of reducing this ongoing, operational noise. Page 3 of 5 The establishment of the proposed project will result in the closure of one to two lanes of certain roadways creating congestion and inconvenience detrimental to persons residing and working in the vicinity and to local businesses. One to two lanes of traffic will be closed during pipeline construction (Response to Comments, P. 125), increasing inconvenience to residents and businesses already affected by recent and ongoing construction at such locations as Banning, Bushard, Adams, and Brookhurst. This has impeded access to homes, businesses and schools. Construction impacts have been identified as significant by the City of Costa Mesa, which the pipeline will traverse. (Comment d, Letter dated May 26, 2005) The establishment of the proposed proiect will result in the disruption of recreational uses, detrimental to persons residing and working in the vicinity. The construction of the proposed pipeline will eliminate local and regional bike lanes/bike paths for much of its alignment. Under the primary, preferred alignment construction would also occur in Fairview Park and the northerly edge of the Costa Mesa Golf Course, major recreation facilities serving all of Costa Mesa and beyond (City of Costa Mesa letter dated May 26, 2005). Also affected would be the Orange County Fair and Exposition Center, a regional venue used not only for the annual fair accommodating upwards of 100,000 people on peak days, but other regional events year round, attracting tens of thousands of people on many weekends(Orange County Fair&Exposition Center letter dated May 27, 2005). The alternate alignment would affect Talbert Park, Victoria Park, and Victoria School. Even a temporary loss of use of these amenities would be detrimental to the local population. Operation of the proposed proiect will increase demand for limited energy supplies, detrimental to persons residing and working in the vicinity and to the subregion at large. The proposed project will consume an amount of energy equivalent to the consumption of 30,000 to 35,000 homes (EIR SCH 2O01051092, p. 3-28). As stated in EIR SCH 2O01051092, "at least two HBGS units would be considered RMR and at least one unit would be required to meet the requirements of the ISO Operating Procedure". EIR SCH 2O01051092 states further that"there is a significant need for generation resources within Southern California" (p. 4-8), pointing up the lack of excess electric generation capacity to serve the area. The establishment of the proposed proiect could necessitate dewatering, detrimental to persons residing and working in the vicinity and detrimental to the value of the property and improvements in the neighborhood. Other construction in the area of the proposed facility has resulted in the need for dewatering. This has been of particular concern in areas of the proposed pipeline construction. Homes in the area are currently pursuing litigation due to damage believed to be caused by the nearby dewatering (letter from John Scott dated May 26, 2005 contained in Response to Comments). The damage to homes is clearly detrimental to the value of property and improvements. No assurances have been offered that such will not occur with the proposed pipeline construction, Page 4 of 5 nor have any analyses been offered in EIR SCH 2O01051092 to allay concerns in this regard. Thus, no evidence exists that this experience will not be repeated. Conclusion As noted above, in order to approve Conditional Use Permit No. 02-04, the city must find that the project"will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood." Even one detrimental condition would render it impossible to make the required finding for approval; this letter summarizes over half a dozen such detrimental conditions already included in the public record for this project. Therefore, in accordance with Section 24 1.10 denial of the application for Conditional Use Permit No. 02-04 is required. Yours truly, Sandra L. Genis Page 5 of 5 Esparza, Patty From: Flynn, Joan Sent: Monday, December 19, 2005 9:04 AM To: Esparza, Patty Subject: Fw: Vote yes for Poseidon Resources Late communication ---Original Message----- From: Pamela Goodgirl To: jflynn@surfcity-hb.org Sent: Sun Dec 18 22 :17:06 2005 Subject: Vote yes for Poseidon Resources Dear Council Members and City Clerk, I strongly urge you to vote YES to approve all of your staffs recommend actions for the Poseidon water project because: You will lose all municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. The project has no risk to the taxpayer. It is a privately owned business. Huntington Beach will lose a much needed 50 million gallon emergency water storage facility which would increase public safety in an emergency to help prevent water disruptions in the event of a disaster, as was witnessed in New Orleans after hurricane Katrina. HB will lose the discounted rate of 5% below the cost of MWD water for 3 million gallons per day of water into our system. We will be doing our share help to save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is important issue to many members of HB. The project is properly zoned. It will make improvements to a blighted area without utilizing the redevelopment agency. It has no serious long-term negative impacts to the environment or the community. It will establish a new business partner which will bring new jobs, opportunities and prosperity into HB. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Brandy Jackson Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 0 1 Page 1 of 1 Esparza, Patty From: Flynn, Joan Sent: Tuesday, December 06, 2005 9:57 AM To: Lugar, Robin; Esparza, Patty Subject: FW: Poseidon Water Project -----Original Message----- From: Chuckest@aol.com [mailto:Chuckest@aol.com] Sent: Tuesday, December 06, 2005 8:23 AM Subject: Poseidon Water Project Dear Council Members and City Clerk, I favor a YES vote to approve all of your staffs recommend actions for the Poseidon water project because: We will lose a much needed 50 million gallon emergency water storage facility. This could effect public safety in an emergency, I.E., New Orleans after hurricane Katrina. We will lose municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. As a privately owned business the project has no tax impact. HB will lose the discounted rate of 5% below the cost of MWD water for three million gallons per day of water into our system. The project is properly zoned. A blighted area of HB will be private) without utilizing the Y 9 Redevelopment agency. It will establish a new business partner, new jobs, and added prosperity into HB. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Sincerely, Chuck McGlawn 1 t } 12/12/2005 Esparza, Patty From: Flynn,Joan Sent: Tuesday, December 06, 2005 3:10 PM To: Lugar, Robin; Esparza, Patty Subject: Fw: Poseidon Water Project ---- Messa a----- From James Rushing To: jflynn@surfcity-hb.org Sent: Tue Dec 06 13 :20:12 2005 Subject: Poseidon Water Project Dear Council Members and City Clerk, Please vote Yes to approve the Poseidon Water Project. I understand the project is privately owned and will not be a risk to the citizens of Orange County. The Million of gallons water per day will help our thirst for more water, allow more water to flow to the wetlands, provide a storage fracility in the event of an emergency, and provide jobs. We will be doing our share help to save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is important issue to many members of HB. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Signed, 1 Esparza, Patty From: Flynn, Joan Sent: Wednesday, December 07, 2005 7:41 AM To: 'kennita@kennita.com' Subject: Re: Request for approval of the Poseidon water project Thank you for your correspondence. A copy of you email will be given to Council when they receive the packet for this item. Joan Flyn City Clerk -----Original6�----- From ' Kennita Watson To: jflynn@surfcity-hb.org CC: Kennita Watson Sent: Wed Dec 07 07:10:40 2005 Subject: Request for approval of the Poseidon water project Dear Council Members and City Clerk, I strongly urge you to vote YES to approve all of your staff's recommended actions for the Poseidon water project because: 1) You will lose all municipal control and all tax revenues from the project when the Metropolitan Water District government agency takes over and constructs the very same project at the very same location. 2) The project has no risk to the taxpayer. It is a privately owned business. 3) Huntington Beach will lose a much-needed 50 million gallon emergency water storage facility which would increase public safety in an emergency, helping prevent water disruptions in the event of a disaster such as were witnessed in New Orleans after hurricane Katrina. 4) Huntington Beach will lose the discounted rate of 5% below the cost of MWD water for three million gallons per day of water into our system. 5) We will be doing our share to help save the wetlands in the Sacramento Delta watershed, which has been seriously degraded due in part to our unquenchable thirst for more water. As you know, protecting wetlands is an important issue to many members of Huntington Beach. 6) The project is properly zoned. 7) It will make improvements to a blighted area without utilizing the redevelopment agency. 8) It has no serious long-term negative impacts to the environment or the community. 9) It will establish a new business partner, which will bring new jobs, opportunities, and prosperity into Huntington Beach. Thank you for your consideration of my comments. City Clerk, please place my comments into the public record to be available for the council when the final vote is taken. Esparza, Patty From: Flynn, Joan Sent: Monday, December 19, 2005 9:03 AM To: Esparza, Patty Subject: Fw: Poseidon Water project Late communication -----Original Message----- From: Kris Westwell To: jflynn@surfcity-hb.org Sent: Sun Dec 18 22 :19:11 2005 Subject: Poseidon Water project 10/18/05 Dear Council Members, I am in favor of the Poseidon Desalination Water Plant in HB. Please vote yes to approve this project. We need water. Please put this into the public record for the hearing on this item. Kris Westwell krisw@truwest.com Esparza, Patty From: Flynn, Joan Sent: Monday, December 19, 2005 9:03 AM To: Esparza, Patty Subject: Fw: Poseidon Project Public Hearing CUP/CDP Late communication -----Original Message----- From: Norm Westwell To: City Clerk; City Clerk; djones@surfcity-hb.org Sent: Sun Dec 18 22:13:35 2005 Subject: Poseidon Project Public Hearing CUP/CDP 10/18/05 Dear Council Members, I strongly urge a vote YES to approve your staffs recommendations for the Poseidon CUP/CDP. You are quite of aware of the several benefits for HB. Any risk is extremely small. The impacts to our coastal waters are insignificant. Failure to approve this private enterprise will ultimately lead to government development of the exact same project outside your purview. I urge you to wisely vote YES to approve the CUP/CDP for the Poseidon Project. City Clerk, please place this communication into the public record for consideration. Thank you. Merry Christmas. Respectfully, Norm Firecracker Westwell - Huntington Beach, CA normw@ModernPublic.com \ / THERE IS A PRICE FOR BEING FREE Torch of Liberty, enlightening the world www.ModernPublic.com It's your government - GET INVOLVED! / - FROM BillsHartgeAX SYSTEM PHONE NO. : 714 e40 5076 Jan. 05 2006 03:00PM P2 Bill Hartge 17121 Edgewater Lane r Huntington Beach, CA. 92649 714 846-.1190 10 d , -- — JAN�-- 2006 N Nov. 8,2005 Mayor and City Council of Huntington Beach and City Administrator I recently sent a letter to you supporting the Desalination Plant in Huntington Beach citing a major shortage of drinking water Southern California if there were droughts in the Rocky Mountains simultaneously with one in Shasta. Mountain area in Northern. California. ' The possible earthquake in Northern California described in the enclosed copy of an article in the Science Section dated Nov. 3,2005 of the Orange County Register increases the odds of a possible water shortage in Southern California I feel more compelled to ask you to do the right,thing_ Please vote for the permit for the construction of the Water Desalination Plant in Huntington Beach. Sincerely, ��g '0hG. JRN-05-2006 14:42 714 e40 5076 97> P.02 FROM BillsHartseAX SYSTEM PHONE NO. : 714 e40 5076 Jan. 05 2006 03:00PM P3 The Orange County Register Focus:..l SCIFNCE . Thursday;I�ou a�.200v ( �tSWS.9 J; Delta qu-sake a �Qo*e state W By DON V H O M P SON cost$100 miilton�(Y're,}�&lC mL�x71 tl])-ee Sta�,�e22F3tg.committees .distr C4 Qtie�. ilia have to THE ASSOCIATED PRESS e,a.rthquake_could 3ead to"Elie .that '� ttr r"t d' earth �1$e taltesrrtati a ater..sot1rces; collapse of..mantit'sc ttons o gUb cauJt caal3 a 30;,ley and xesc xt to atlo7rt3 '� ? sacRAateraTo-A major l`larch•, levees, which tltanne61 hlertl2- ees;SId 1 an AA •:sard ern California .earthquake ern California avers o� iil_ dari age �20t1 YZes ai :a 'f'hra� st*:kaays ' could severely damage the nun to San Franeisco. 601tid taonal levee& dtitt, ;b0 'railr ai trsc ,Cgovtld'be stt a=: Sacramento-San Joaquin Lester Sri6*v mica p 4ottiie hoes end ` ,�2D1Y`acres of :merged; and A-pef rbieurn ancr'" Delta levee system and jeopar- California Degartnne2kt Qf7a aaxinldtrgld be flgoc�@d. naiurral;..gas gipelxrtea. would" dine the water supply for ter Resources{ illrons v g 1 ,� !Ilse ruykur ai knrecs` I,m ha�re to be shazt,do.w Rama y�'; two-thirds of Californians for lbrL§of the*Yiier ire Jia5 11' ^%i6Wd a11bw WtWAt6 lo'rush ca3,ald reach owex more. than a year, a top stage used'imnr i�ge(:purity it:Ica the i per system, using . f yeye irs, not did`< water olricial says. "We think it's a Plaiasbie lak:gntr3ediate SHuf down af.the Last tar, the un. lained scenarioof'*batL6�uW� n a Wit.Senci,water south y" 1 prrx�ayoe.a4�> collapse of a single lei shut in the delta, .SrtOw said to 5�i7�aq�xn Va}leyfarmex^s water pumping for days and Snowtold-a1oint°fiear�;af ����rou#�etxl�al�fo7rinia�tster �eakdnraor�tir��tat�cr�g4�A' � JAN-05-2006 14:42 714 840 5076 96% P.03 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. COUNTY OF ORANGE ) am a Citizen of the United States and a IMMOFnURx aoflcE ,S HECoastal REBY the BEFOREiI�tR1fc0UNEl Development.. Per resident of the County aforesaid; I am OFMCDOF hearb,g its of a staff' � report,public hearing,City:, NflW= G Council discussion and over the age of eighteen years, and not a NOTICE ,It HEREBY action. The City Councils GIVEN that on Monday, action on Item No. 1 may party to or interested in the below entitled January 9, 2006 at 6:00 be appealed to the Coastal p.m. in the City Council Commission within ten matter. I am a principal clerk of the Chambers, 2000 fain (10) days from HUNTINGTON BEACH INDEPENDENT Street, Huntington the O of of the Beach, the City Council M� of City action: ' will hold a public hearing by the Coastal Commission a newspaper of general circulation on the following planning Pursuant to Section 245.32 f and Toning items: Zing and Subdivision Q 1.CONDITIONAL USE on printed and published in the City of PERMIT NO. 02-OO Ordinance and Section' COASTAL DElfilloplilply. 13110 of the'California Huntington Beach, County of Orange, PERMIT Na, o2_0S Code' of Regulations, or - (SEAtNATER unless Title 14, Section; State of California, and that attached DEsaLBiATN)N PROACT� 13573 of the California Administrative Code is Notice is a true and complete copy as Resources C)or- Cmcable. addrC ' - potation South Coast Area Office, was printed and published in the Reyaesr. To cns-ppicday 2WOceangate 10thFloor, p p 5o rmEion gams per.ti$y Huntington Beach issue of said seawater desatinattan Long` Beech, CA " project including a 10,0; 4302, phone number: sq. ft. administration (5W)590-5071. newspaper to wit the Issue(s) of: building, a 38,090 sq. ft, ON FILE: A copy of the reverse osmosis building proposed City Clerks Office, a 36,305 sq. ft. product in water storage tank, and 2000•Main Street, Hun- miscellaneous accessory. tin�ton Beach; California structures,on an 11 acre 92548, for i►spection by lease area. The proposed the pubic.A copy of the improvements include up staff -report will be to four miles of water available to 'interested= DECEMBER 29,2005 transmission lines in parties at the'City CWVs Huntington- Beach, .one Office on Thursday January raile of which will be 5,2006. within the Coastal`Zpne, ALL INTERESTED PER to connect to an existing SONS are invite to attend regional' transmission) said hearing and express system in Costa Mesa.The opinions or submit evi- project also -includes dence'ftor or against the perimeter landscaping and application as outlined declare, under penalty of perjury, that fencing along Newland abovgi.4Kirwft Eerwthe Street and Edison Avenue Cdy"�ourrcaTs action in Lea moat 21730 Newland cow,you may be limited (east'side,south of Edison to raising only those'issues i the foregoing is true and correct. Arem,e) . you or someone else Prefect planner Ricky raised at the public Ramos,Associate Planner hearing described in this NOTICE 1S HEREBY 'notice, or in -written' Executed on DECEMBER 29,2005 GIVEN than Item No. J:is cor►esponikince delivered` covered un deir Recircutated to the City at or per to, Environmental Impact the public hearing.If there at Costa Mesa California. Report No. %42, winch1 are any further uestions' was certified on Septem- 'please call the; Planning ber 6,2005. Department at 53<i-5271 NOTICE` IS te No. I is and refer to the above 01VEN that Item No. is ite . Direct your written: mated,in the appeakfble' communications to the jurisdiction of the Coastal City Clerk Zone and'includes Coastal. Joan L Flynh,City Clerk Signature Development Permit.No.• City oo�f Huntington Beach 02 05 filed on January 22, 2000 Man Street, 2002, in conjunction with., 2nd Floor, the above request. Huntu6,tonBeach California_92648 (714)536-5227. Published Huntington Beach Independent De- cember 29,2005125-733 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) am a Citizen of the United States and a on�o�:eu�c NOTICE is HEREBY GIVEN that the Coastal 1100 inOff=10 .Devetopmen't Permit resident of the County aforesaid; I am OFMC OF, tfaarmg consists of a staff public hearing,C III , over the age of eighteen years. and not a > + Council discussion.. d NOTICE IS HEREBY action. The City Councils art to or interested in the below entitled GIVEN that,on Monday, action on Item No. i may party January 9, 2006_at 6:00 be appealed to the Coastal matter. I am a tlrinci al clerk of the p-m. in the City Council Commission within lien p p Chambers, 2000 Main, (10) working days from Street, Huntington the date of,receipt of the H U NT I N GTO N BEACH INDEPENDENT, Beach, the City Council notice of final City action will hold a public hearing by the Coastal Commission a newspaper of general circulation, on the following planning pursuant to Section 245.E andzoning<items; of the HurdingfAn Beach rinted and published in the Cityof a 1.CONDITIONAL USE Zoning and ,Subdivision p PERMIT NO. 02-04 Ordinance and Section COMAL DEVELOPMENT 13110 of the California ton Beach, County of Orange, PERMIT NO. 02-0S, COO of or (SEAWAI� u Titre 14, Section State of California, and that attached uMWNATtON CT0 1�l3'" Of California AppBomh A Wnistrative Code :is Notice is a true and complete copy as Poseidon R@soarces Car applicable. the Coastal - poration, Commission mess .is was printed and published in the flons per y 800� **a Floor, Huntington Beach issue of said Seawater50 million desalination Deng Beach,. CA 9DIto2- project,inetuiing a 10,120. 4302, phone number: newspaper to wit the Issues of. bu budding, administration (5ON FIL59DE: A � ) , a $$.090 sq. ft. ON FILE:A.copy of the reverse osmosis budding, proposed request is on file a 36,305 sq. ft product in the City Clerk's Office, water storage tank, and 2000 Main Street,. Hun- miscellaneous accessory tington Beach, California structures on an 11 acre 92648, for inspection by lease area.The proposed the public. A copy of the DECEMBER 29,2005 improvements,inclucw up r staff a to will ed to four mile* of water available to 'interested transmissiomijines in parties at the City Clerk's Huntington- , one Office on Thursday.January rr of, wiq -be 5,2006. . within the Caaatal Zane,I ALL INTERESTED PER- to connect to an ex SANS are invited to attend regionat: transrhission said hearing and express system in Costa Mesa,The opinions or submit evi- project also includes denee for or against the perimeter landscaping and application as outlined fencing along Newland above.*you chaUenga the declare, under penalty of perjury, that Street and Edison Avenue. City ouncirs.actin„ in Locuffothe foregoing is true and correct. ' 2outh Newland to couri' may be a (east side,south of Edison. to raid only those issues Avenue) . you or, someone else Project �btirrner; ,Ricky, raised' at the public Rams,Associate Planner hearer described in this NOTICE IS HEREBY notice, or in written Executed on DECEMBER 29,2005 WO that item No.1 is correspondence delivered covered under Recirculated 1n4 City at,or orlon to, at Costa Mesa California. Environmental Impact the tom.xther r Reporj No..W-02 which are env fill Y►er _ was certified on Septem her 6,.2005. please call the; Planning NOTICE1 Deparfmant ail 5 5271; S HEREN'r{ v • .and refer to the abo e ' GINEl1 that Item No. l � . in: items. Direct your written jurisdiction,of the Coastal.communications to the Zone and includes G City Cork Signature Jean L.F Clerk Dev Mm.CitY ant Permit No. ekspm 02 05 filetl on January 22; . City df Huntington Beach 2002, in conjunction wrTtn 2000 Main Street the above request I2nd Flom Huntington Beach, California 92W (714)536.5227 Published Huntington Beach Independent De- cember 29 2005125-733 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, January 9, 2006 at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02- 05 (SEAWATER DESALINATION PROJECT): Applicant: Poseidon Resources Corporation Request: To construct a 50 million gallons per day seawater desalination project including a 10,120 sq. ft. administration building, a 38,090 sq. ft. reverse osmosis building, a 36,305 sq. ft. product water storage tank, and miscellaneous accessory structures on an 11 acre lease area. The proposed improvements include up to four miles of water transmission lines in Huntington Beach, one mile of which will be within the Coastal Zone, to connect to an existing regional transmission system in Costa Mesa. The project also includes perimeter landscaping and fencing along Newland Street and Edison Avenue. Location: 21730 Newland (east side, south of Edison Avenue) Project Planner: Ricky Ramos, Associate Planner NOTICE IS HEREBY GIVEN that Item No. 1 is covered under Recirculated Environmental Impact Report No. 00-02 which was certified on September 6, 2005. NOTICE IS HEREBY GIVEN that Item No. 1 is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 02-05 filed on January 22, 2002, in conjunction with the above request. NOTICE IS HEREBY GIVEN that the Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. The City Council's action on Item No. 1 may be appealed to the Coastal Commission within ten (10)working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 10th Floor, Long Beach, CA 90802-4302, phone number: (562) 590-5071. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday January 5, 2006. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor (OVER) Huntington Beach, California 92648 (714) 536-5227 DADocuments and Settings\esparzap\Local Settings\Temporary Internet Files\OLK61 E\060109_DOC Notice of Public Hearing on Owner Participation Agreement (OPA)with Poseidon Resources Corporation and the Redevelopment Agency of the City of Huntington Beach Notice is hereby given that a public hearing will be held by the City Council/Redevelopment Agency of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach, located at 2000 Main Street, at the hour of 6:00 PM, or as soon,as possible thereafter on Monday, January 9, 2006, for the purpose of approving an Owner Participation Agreement (OPA) regarding development of a seawater desalination plant with Poseidon Resources Corporation. Draft copies of the OPA will be made available for public review beginning January 3, 2006, at the Office of the Agency Clerk. All interested persons are invited to attend the hearing on the Owner Participation Agreement (OPA)with Poseidon Resources Corporation to express their opinions for, or against, with written or oral comments. Written communications to the Redevelopment Agency also may be mailed to the Agency Clerk, 2000 Main Street, Huntington Beach, CA 92648, Phone 714 536-5227. The City of Huntington Beach/ Redevelopment Agency of the City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, City/Agency programs or activities. The City of Huntington Beach is.an equal opportunity.employer. Redevelopment Agency of the City of Huntington Beach By: Joan Flynn, Agency Clerk 2000 Main Street Huntington Beach, CA 92648 Telephone: 714 536-5227 FAX NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE 1S HEREBY GIVEN that on Monday, January 9, 2006 at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO.02- 05(SEAWATER DESALINATION PROJECT): Applicant: Poseidon Resources Corporation Request: To construct a 50 million gallons per day seawater desalination project including a 10,120 sq. ft. administration building, a 38,090 sq. ft. reverse osmosis building, a 36,305 sq. ft. product water storage tank, and miscellaneous accessory structures on an 11 acre lease area. The proposed improvements include up to four miles of water transmission lines in Huntington Beach, one mile of which will be within the Coastal Zone, to connect to an existing regional transmission system in Costa Mesa. The project also includes perimeter landscaping and fencing along Newland Street and Edison Avenue. Location: 21730 Newland (east side, south of Edison Avenue) Project Planner: Ricky Ramos, Associate Planner NOTICE 1S HEREBY GIVEN that Item No. 1 is covered under Recirculated Environmental Impact Report No. 00-02 which was certified on September 6, 2005. NOTICE IS HEREBY GIVEN that Item No. 1 is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 02-05 filed on January 22, 2002, in conjunction with the above request. NOTICE IS HEREBY GIVEN that the Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. The City Council's action on Item No. 1 may be appealed to the Coastal Commission within ten (10)working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 10th Floor, Long Beach, CA 90802-4302, phone number: (562) 590-5071. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday January 5, 2006. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Cit y at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City 9 of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 DADocuments and Settings\esparzapTocal Settings\Temporary Internet Files\OLK61 E\060109.DOC Notice of Public Hearing on Owner Participation Agreement (OPA)with Poseidon Resources Corporation and the Redevelopment Agency of the City of Huntington Beach Notice is hereby given that a public hearing will be held by the City Council/Redevelopment Agency of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach, located at 2000 Main Street, at the hour of 6:00 PM, or as soon as possible thereafter on Monday, January 9, 2006, for the purpose of approving an Owner Participation Agreement (OPA) regarding development of a seawater desalination plant with Poseidon Resources Corporation. Draft copies of the OPA will be made available for public review beginning January 3, 2006, at the Office of the Agency Clerk. All interested persons are invited to attend the hearing on the Owner Participation Agreement (OPA) with Poseidon Resources Corporation to express their opinions for, or against, with written or oral comments. Written communications to the Redevelopment Agency also may be mailed to the Agency Clerk, 2000 Main Street, Huntington Beach, CA 92648, Phone 714 536-5227. The City of Huntington Beach/ Redevelopment Agency of the City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, City/Agency programs or activities. The City of Huntington Beach is an equal opportunity employer. Redevelopment Agency of the City of Huntington Beach By: Joan Flynn, Agency Clerk 2000 Main Street Huntington Beach, CA 92648 Telephone: 714 536-5227 impression antibourrage et a sechage rapide � www.avety.com Q AVERY0 5960' Utilisez le gabarit 5960mc 1-800-GO-AVERY Linda Bartolomucci James Baxter Francis Arciaga 8580 Hamilton Avenue 19531 Occidental Lane 9881 Kings Canyon Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 f Beverly Wiesen Gerald Mitchell Bill Dahlin 21371 Breton Lane 9681 Mammoth Drive 9782 Rainier Circle Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 a Mike Buono Charles Reiner Michele Rogers 8832 Fry Circle 6502 Edgemont Drive 21631 Kaneoke Lane Huntington Beach, CA 92646 Huntington Beach, CA 92647 Huntington Beach,CA 92646 Bonnie Cosgrove Paul Arms David Lacy 21392 Dockside Circle 19138 Surfwave Drive 729 Lake Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Barbara.Alcott Jayne Parra Scott Tracy 17421 Ojai Lane 21901 Vacation Lane 9092 Bermuda Drive Huntington Beach, CA 92647 Huntington Beach, CA 92646 Huntington Beach,CA 92646 A'SC-&)'j RECYCLE USED MOTOR OIL&FILTERS FREE HOME PICKUP IN HUNTINGTON BEACH FOR MORE YNFORMAPON CALL:9-800-449-7587 tau Funded by a Grant from the California integrated Waste Management Board A1I3AV-09-008-1 wL0965 31VIdW31®AGanv asn w10965®A213AV worfGane•MMM 6uilwad aaaj afpnws pue wer impression antibourrage et a s6chage rapide wwwaverycom ® AVERYO 5960-c Utilisez le gabarit 5960ml: 1-800-GO-AVERY Brittni Newman Dr. Amer El-Ahraf Ken Maylone 9631 Lassen Circle 21572 Kanakoa Lane 405 8 h Street Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648 Ray Roberts Bob Polkow Lou DeBottari 20291 Wind Cave Lane 21772 Oceanview Lane 10091 El Capitan Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92649 Pete Minko Clayton King Lynda Hernandez 21361 Breton Lane 21321 Banff Lane 8232 Munster Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 John McGregor Tim Geddes Milt Dardis 21752 Pacific Coast Highway,#6A 21802 Windsong Circle 22052 Capistrano Lane Huntington Beach, CA 92648 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Julian Vochelli Dr. Dallas Weaver Elaine Booth 19322 Pitcairn Lane 8152 Evelyn Circle 3 Winterbranch Huntington Beach,CA 92646 Huntington Beach, CA 92646 Irvine, CA 92604 Pat McCully Pete Hemphill Cindy Gross 20631 Kelvin Lane 21581 Impala Lane 6612 Jardines Drive Huntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92647 Vern Nelson Laurie Rebd Kimber Fidler 7775 Bayport Drive 10082 Spar Circle 20012 Midland Lane Huntington Beach, CA 92648 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Ron Edwards Mickey Totten Ron Mason 8662 Bayonne Drive 20661 Kelvin Lane 16982 Pacific Coast Highway,#201 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92649 Glenn Santa Cruz Bill Meyers Pete Bickley 518 Lake Street 1025 Lake Street 7850 Stater Avenue Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92647 ct�p ea 04//C Al-19 0--�—os— AUMV-09-008-L .�� wi096S 3MdW31®/Vanv ash w,.096S OA213AV woxAjane•Awn m 6ulIulad aaa3 96pnwS pue wej Impression antibourrage et a sechage rapide www.avery.com AVERY®5960mc Utiiisez le gabarit 5960"°c 1-800-GO-AVERY Teddi Alves Merle Moshiri Joseph Jeffrey 9921 Big Sur Drive 8802 Dorsett Drive 19371 Maidstone Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92648 Dr.Prem Saint Carolyn Crockett Guy Adams 4882 Van Buren Street 9062 Adelia Circle 9021 Bermuda Drive Yorba Linda, CA 92886 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Jacqueline Gould Dominic Menaldi Jack Adams 21372 Pinetree Lane 9001 Bermuda Drive 21541 Hanakai Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646 Monica Galluccio Monica Hamilton Bill Hartge 9182 Christine Drive 5401 Kenilworth Drive 17121 Edgewater Lane Huntington Beach, CA 92646 Huntington Beach,CA 92649 Huntington Beach, CA 92649 Sandra Genis Eddie Barnes Dean Reinemann 1586 Myrtlewood 19462 Harding Lane 1877 Parkview Circle Costa Mesa,CA 92626 Huntington Beach, CA 92646 Costa Mesa, CA 92627 Jim McLaughlin Mike Costello Bob Riedesel 8788 Coral Springs Ct. 19282 Pitcairn Lane 20081 Beaumont Circle Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92646 Flossie Horgan Victor Long Russell Svelling 207 21S`Street 20601 Goshawk Lane 7712 Rhine Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92647 Jerry Faiabella Richard Kelly Gerald Caterina 22091 Jonesport Lane 20591 Paisley Lane 11915t Street Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92648 Michael Scavo Bill Gregory Eric Owen 16282 Wishingweli Lane 4961 Los Patos Avenue 8922 Albatross Drive Huntington Beach,CA 92647 Huntington Beach,CA 92649 Huntington Beach, CA 92646 A�- 6 d"'�) AVMV-09-008-1 wi096S 31V1dW31®Ajanv asn w1096S 0A?J3AV o W0:)'Aa8ne•nnMM 6ulluiad aaaJ 96pnwS pue user I W&ShMPWffggiM**chage rapide C.UIy t 02 ,dy@ �� F��t t� i ftFA �*HEAIUNG NOTIFICATION CHECit $�-�® � i �'Q O7 Cj MAILING LABELS—November 29,2005 G:Labeis\Labels\Pu is earmg �7t�N President 1 Huntington Harbor POA 10 Sue John 16 H.B. Chamber of Commerce P.O.Box 791 19671 Quiet BAFLane 19891 Beach Blvd.,Ste. 140 Sunset Beach,CA 90742 Huntington Beach, 92ci48 Huntington Beach,CA 92648 Dave Stefanides 2 William D. Holman it Edna Littlebury 17 Orange County Assoc. of Realtors PLC Gldn St Mob.Hm. Owners Leag. 25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd. Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642 i I President 3 Jeffrey M. Odeunan 12 Pacific Coast Archaeolovcal 18 Amigos De Bolsa Chica RUT TUCKER,LLP SOC1 Inc. 16531 Bolsa Chica Street,Suite 312 611 Anton Blv ., 4a'Floor P.O.Box Huntington Beach,CA 92649 Costa Mesa CA 9262 - 50 Costa Mesa,CA 7 Attn:Jane Gothold et Beach Community Assoc. 4 Pres.,H.B.Hist Society 13 Director 19 Pat Tlue , esident C/O Newland House Museum O.C. Ping&Dev.Service:;Dept. PO Box 215 19820 Beach Blvd. P.O.Box 4048 Sunset Beach,C�90715 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048 President 5 Community Services Dept 14 Vicky Wilson 19 Huntington Beach Tomorrow Chairperson O.C. Public Facilities&R,_s.Dept PO Box 865 Historical Resources Bd. P. O. Box 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4841. .Julie Vandermost 6 cil on Aging 15 Planning Director 20 BIA-OC 1706 Oran ve. City of Costa Mesa 17744 Sky Park Circle,#170 Huntington Beach, 92648 P. O. Box 1200 Irvine CA 92614-4441 Costa Mesa,CA 92628-1200 Richard Spicer 7 Metzel 16 Planning Director 21 SCAG Seach City of Fountain Valley 818 West 7th,12th Floor 19391 Shady r Circle 10200 Slater Ave. Los Angeles,CA 90017 Huntington Beach,C 2648 Fountain Valley,CA 92709 E.T.I.Corral 100 8 J e 16 Planning Director 22 Ma Seacliff City of Newport Beach 20292 Eastw Cir. 19382 Surfdale a P.O. Box 176$ Huntington Beach, 92646 Huntington Beach, 92648 Newport Beach,CA 9266'-8915 Ray Hiemstra 9 Mannone 16 Planning Director 23 Environmental Board Chairman Seaciif City of Westminster 214 19a'Street#5 19821 Ocean Blu rcle 8200 Westminster Blvd. Huntington Beach,CA 92648 Huntington Beach CA 9 8 Westminster,CA 92683 Planning Director 24 Mary Lou Beckman 31 HB Hampton HOA 38 City of Seal Beach Ocean View Elementary School District Progress Community Nigmt 211 Eight St. 17200 Pinehurst Lane 27405 Puerta #300 Seal Beach,CA 90740 Huntington Beach CA 92647 Mission Viego,CA9291 Pa e 1 of3 w,p965 IGaA 25 � � apidea afieu�as�ei�a°a��paa�� tlSsa�l W tk%chaqe rapid'e��,tQ �b2- J�4Q4D! S AMV@ ap§P�p�J�LRTR FARING NOTffICA-MON CHECII� '(t &&7� M MAILING LABELS—November 29,2005 GlabeIALabels\Public Hearing California Coastal Commission 25 Jon M.Archibald 32 Sally sham 39 Theresa Henry Westminster School District Meadow Area South Coast Area Office 14121 Cedarwood Avenue 5161 Gelding cle 200 Oceangate,10th Floor Westminsterunt CA 92683 Hington Beach, A 92649 Long Beach,CA 92802-4302 California Coastal Commission 25 Stephen Ritter 33 Ch e Browning 39 South Coast Area Office HB Union High School Disrict Meadow Area 200 Oceangate,10th Floor 10251 Yorktown Avenue 16771 Roo se Lane Long Beach,CA 92802-4302 Huntington Beach,CA 92646 Huntington Beach, A 92649 Robert Joseph 26 CSA,Inc. 34 Hearthside Homes 40 Caltrans District 12 Marshall Krupp,President 6 Executive Circle,Suite 250 3337 Michelson Drive,Suite 380 204 Nata Irvine,CA 92614 Irvine,CA 92612-1699 Newport Beach,CA 92660 Director 27 Goldenwest College 35 Bolsa Chica Land Trust 41 Local Solid Waste Enf.Agy. Attn: Fred Owens 5200 Warner Avenue,Ste. 108 O.C. Health Care Agency 15744 Goldenwest St. Huntington Beach,CA 92649 P.O.Box 355 Huntington Beach CA 92647 Santa Ana,CA 92702 Ne owth Coordinator 28 OC County Harbors,Beach 36 Bolsa Chica Land Trust 41 Huntington ch Post Office and Parks Dept. Evan Henry,President 6771 Wainer Ave. P.O.Box 4048 1812 Port Tiffin Place Huntington Beach,CA 47 Santa Ana,CA 92702-4048 Newport Beach,CA 92660 ' Marc Ecker 29 Huatikgton Beach Mall 37 Steve Homer,Chairperson 42 Fountain Valley Elem.School Dist Attn: Pat -Laude SEHBNA 17210 Oak Street 7777 Edinger Ave. 00 P.O.Box 5696 Fountain Valley CA 92708 Huntington Beach CA 7 Huntington Beach,CA 92��15 Dr. Gary Rutherford,Super. 30 Co View Estates HOA 38 OC Sanitation District 42 HB City Elementary School Dist. Carrie i s 10844 Ellis Avenue 20451 Craimer Lane 6642 Trotter Dn Fountain Valley CA 92708 Huntington Beach,CA 92648 Huntington Beach C 648 David Perry 30 Co View Estates HOA 38 Eric Pendegraft,Plant Manager 42 HB City Elementary School Dist. Gerald Cnapr4,an AES Huntington Beach,L:.0 20451 Craimer Lane 6742 Shire Circle 21730 Newland Street Huntington Beach,CA 92648 Huntington Beach CA 48 Huntington Beach CA 92646 Richard Loy 42 H on Beach Girls Softball* 47 AYSO n 56 47 9062 Kahului Drive Mike En�39�43 Commissioner y Whit Huntington Beach CA 92646 P.O.Box 22041 Catalina Circ e Huntingt , 943 Huntington Beach,CA 9 John Ely 42 AY on 117 47 AYSO Region 47 22102 Rockport Lane John Almanz Commissioner Duan urtado Huntington Beach CA 92646 9468 Cormorant Cr P.O.Box 1852 Fountain Valley,CA 927 Huntington Beach,CA 92647 gg�� A113AV-09-008-b wi0965 mndW31 AJOAy asn ww096 ( 9�006nA 6uRups � ��� wo3•tiane•nnAAm anldea a6ewas a is a6eaanoonue uoissaadmi pr�i fy > chage rapide Cam �02--01 Vro aVWyK nn ® ,e� UV&W4 WAAV TMIEARING NOTIFICATION CHECI�r 1.NO-G - MY MAILING LABELS—November 29,2005 GlabeIALabels\Public Hearing HB Coastal Communities Assoc. 43 Huntington Valley Little League 47 field Hockey* 47 David Guido Renee Au Mamlai ar 143 E. Meats Avenue 209 Hartford 17782 Metzler Orange,CA 92865 Huntington Beach,CA 8 Huntington Beach, 92647 Downtown Business Association 44 AYSO Region 143 47 HB Warner Football** 47 Mr.Ste aniels Commis ' er Anthony DeGiglio Martin St o 200 Main Suee 06 13976 Milan S P.O. Box 5066 Huntington Beach, 2648 Westminster CA 92 Huntington Beach, 92615 Downtown Residents Association 45 Fou ' Valley Youth Baseball* 47 N HB Soccer Club 47 Ms. Man Germain Al Letua Presiden rge Milton 505 Alabama 14591 Yucca Circ 18601 Newland et,#S l Huntington Beach, 2648 Huntington Beach,CA 7 Huntington Beach,,C 2646 Chairperson 46 H.B. All-American Football** 47 Rob od Little League 47 Gabrieleno/Tongva Tribal Council Gregg Nu Sandy Hube PO Box 693 P.O.Box 2245 16722 Algonquin #D San Gabriel,CA 91778 Huntington BeaACA47 Huntington Beach, 92,49 Juaneno Band of Mission Indians 46 Hunti-neton Beach Soccer League* 47 Sea ew Little League 47 m n Nation Felipe a Brett Sh n Ac'ache e p 1 31411 La Matanza Street 18442 Steep Lan , 3 20141 Manna San Juan Capistrano,CA 92675-2625 Huntington Beach,C 648 Huntington Beach 2646 South ast Soccer Club** 47 Ocean View Little League 47 we ster Village HOA 48 President Bannon Cathy Van mum,President 5200 Blac of Road 8921 Crescent Drive 6881 Steeplechase�� 4 H Westminster, C 2683 Huntington Beach,CA 9 6 Huntington Beach8 West Co.Family YMCA* 47 South HB Girls Fast Pitch Softball** 47 Gary Brown 49 Laval t-rewq Marie Ens Coastkeepers 2100 Main Stre 21401 Pinetree 441 Old Newport Blvd.,Ste. 103 Huntington Beach 2646 Huntington Beach,CA 47 Newport Beach CA 92663 Re ' al Environmental Officer for Calif 50 Fort Irwin 50 Fort Hunter-Liggett 50 Western ion Environ Office Lt C aul D.Cramer Mr. Rubin US Air Force Drector o c Works Nat'l Training Cntr Director o lic Works 333 Market Street S 25 P O Box 105097 Combat Support g Ceiter San Francisco CA 94105-2 Fort Irwin CA 92310 B790 5th St Parks RFTA Dublin CA 945680 a Donovan 50 Patrick Christman,Director 50 Comm Plans&Liaison Coordinator Western Region Environmental Office US Navy US M -Corps Building 1164 1220 Pacifi�9232-519� Box 555246 San Diego Camp Pendleton CA 5-5246 3 of 3 ®g=88�=� = wr0965 ® A ® �� �3R� Af! ® anldea a6euj Jam Free Printing ` ." ` I L oa,--ol www.avery.com o AVERY®5960TM Use Ave TEMPLATE 5960TM � 1-800-GO-AVERY 11415028 1 114150,34 2 114 150 36 3 ORANGE C LOOD ORANGE �NTYOOD PACIFIC TERMINALS LLC 21621 M olia ve 5900 Cherry Ave Hunti on B ch CA No Address Fo Long Beach CA 90805 1 50 41 4 114 150 11 50 51 6 GRAN OUNTY FLOOD STA F CA DEPT OF STAT CALIF DEPT OF 216 Pacif1 oast Hwy No Address Foun H tington each CA 92646 No Address Foun 114 150 53 7 114 t5Q,55 8 114 150 57 9 STATE OF CALIF DEPT OF STATE O L1F DEPT OF O COUNTY FLOOD 1025 P St Sacramento CA 95814 No Address Found No Address Fou 114 150 58 0 11415059 11 114 150 62 12 MILLS-LAND ATER COMPANY MILLS WATER COMPANY STATE OF CALIFORNIA 3690 Redo Beach Ave 3690 ondo Beach Ave 3330 Avenida Del Presiden Redond each CA 90278 Re do Beach CA 90278 San Clemente CA 92672 114 64 13 114 1 14 114 150 73 15 0RANG UNTY FLOOD MILLS LAND—AWATER COMPANY MILLS HB C 3690 Redondo Be Ave 1809 each #6 No Address Found Redondo Beach CA 9 H ngto each CA 92648 11 150 74 16 114 150 75 17 114160 78 18 O COUNTY FLOOD Hamilton Cannery Hamilton Cannery No Address 6001 Bollinger Canyon Rd 601 Bollinger Canyon Way No Address San Ramon CA 94583 San Ramon CA 94582 114 150 7 114 0 80 20 114150 81 21 Hamilto anne Hamilton nnery Beach W ands ington 6001 Ilinger anyon Rd 6001 Boltinge anyon Rd PO 503 San anion A 94583 San Ramon CA 9 3 Hu ngton each CA 92648 114150 84 22 114 160 69 2 114 60 70 24 Huntington Beach Aes E Piccirel I atsy STA CALlFORNIA 21730 Newland St ' PO B 590 2501 Pullma Huntington Beach CA 92646 Hu ngto ach CA 92615 Santa Ana CA�92 114 160 75 25 11 80 26 114 60 81 27 STATE OF CALIFORNIA Univ Ca nts Univ.Ca ents 2501 Pullman St 1111 Broadwa 400 1111 Broad #1400 Santa Ana CA 92705 Oakland CA 94607 - Oakland CA 94 114 160 82 28 114 60 83 29 1 0 84 30 Univ Ca Regents STAT CALIFORNIA STATE CALIFORNIA 1111 Broadway#1400 2501 Pullman 2501 Pullma t Oakland CA 94607 Santa Ana CA 92 Santa Ana CA 9 5 AH3WOD-008-1. ,_ wi096S 31V1dW31 Q(aany as((��, wi096S®AH3AW woYdaane`MAA n Bull aaa�wd Jam Free Printing Q^"nting ,'r,n pa p�j www.averycom ® AVERY@ 596OTM Use Ave TEMPLATE 5960rM i 1-800-GO-AVERY 114 160,85- 31 11416 86 32 114 481 01 33 Bch Wetlands Conser Huntington Beach We ds Huntington Terence Boston PO Box 59.03 PO Box 5903 22001 Susan Ln Huntington Beach CA 92615 Huntington Beach C 615 Huntington Beach CA 92646 114 481 02 34 114 481 03 35 114 481 04 36 Harry Don Howell Joan Javer&Javer Marcy Nasto Reta Cagle 55250 Riviera 709 N Camden Dr 21572 Oakbrook La Quinta CA 92253 Beverly Hills CA 90210 Mission Viejo CA 92692 114 481 05 37 11448106 38 114 481 07 39 Raymond Cole Marina Valsamakis Leonard Lopez 22061 Susan Ln 22081 Susan Ln 22091 Susan Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 -114 461 08 40 114 481 09 41 114 481 10 42 Ellen White John Ryan Dorothy Riley 22072 Hula Cir 22052 Hula Cir 361 Raicam PI Huntington Beach CA 92646 Huntington Beach CA 92646 Costa Mesa CA 92627 114 481 11 43 114 481 12 44 114 481 13 45 Kathleen Ann Mooney John Tad Graves Margaret Lourtle 22022 Hula Cir 22012 Hula Cir 332 Hawthorne St Huntington Beach CA 92646 Huntington Beach CA 92646 South Pasadena CA 91030 114 481 14 46 114 481 15 47 114 481 16 48 Gary Gumbert Judy Ann Lenihan Frank Gandara PO Box 438 22021 Hula Cir 22041 Hula Cir Surfside CA 90743 Huntington Beach CA 92646 Huntington 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HUNTINGTON BEACH CA 92646 114 150 72 15 114.150 72 15 OCCUPANT OCCUPANT 21851 NEWLAND ST#318 21851 NEWLAND ST#319 HUNTINGTON BEACH CA 92646 HUNTINGTON BEACH CA 92648 A113AV-09-008-L wi0965 31VIdW31®tiaAV w10 965 ®A213A1d ® wog tiane•niw►nn 6ui;uiJd aaae Jam Free Printing e.�P O�-0 4 www.averycom (/1�� AVERYO 5960TM Use Ave TEMPLATE 5960— 1-800-GO-AVERY 1J 114150 84 114 481 02 35 114 481 03 3& Occupant Occupant Occupant 8669 Edison Ave 22021 Susan Ln 22031 Susan Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 114 481 04 31 114 481 10 143 114 481 13 Occupant Occupant Occupant 22041 Susan Ln 22042 Hula Cir 22001 Hula Cir HHuntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 114 481 14 47 114 481 19 62 114 481 32 (,01 Occupant Occupant Occupant 22011 Hula Cir 9002 Christine Dr 8901 Banning Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 114 482 06 114 482 08 114 48211 7& �3 Occupant Occupant Occupant 22072 Susan Ln 9061 Christine Dr 22101 Surfrider Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 114 493 31 f3 114 49418 f 148 041.06 f1 - Occupant Occupant Occupant 9122 Playa Dr 22042 Surfrider Ln 21311 Lochlea Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 14804108 148 043 30 8' 148 043 42 , Ito - Occupant G.cupant Occupant 21291 Lochiea.Ln 8482:-yilihead Cir 8401 Doncaster Dr Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington aeach' CA 92646 148 043 43 lit 148 044 01 //cam 148 044 09 !7,3 Occupant Occupant Occupant 8391 Doncaster Dr 8362 Doncaster Dr 8442 Doncaster Dr Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148 04419 /33 148 044 22 13 b 148 044 25 13 Occupant Occupant Occupant 8461 Lomond Dr 8441 Lomond Dr 8411 Lomond Dr Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148 044 26 NO . 14804429 14f3 148 071 20 goo Occupant Occupant Occupant 8401 Lomond Dr 8371 Lomond Dr 8722 Hatteras Dr Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148 073 08 1 b 148 07310 ) 148 07311 !Z q Occupant Occupant Occupant 21342 Yarmouth Ln 21362 Yarmouth Ln 21372 Yarmouth Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 m0965 ®AU3AV Aa3AV-09-008-1. m0965 31V1dW31 @Ajany esU�ffi wo:)•tiane•MMM 6wiuim aajA wer J Jam Free Printing, www.avery.com . TM Use Avery®TEMPLATE 5960TIA 1-800-GO-AVERY Ate ®5960 148 073 25 193 148 074 05 19.7 148 08.101 jog Occupant Occupant Occupant 21.301 Breton Ln 21321 Yarmouth Ln 8572 Sandy Hook Or Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148 08120 QZ? 148 082 12 Z33 148 082 20 Occupant Occupant Occupant 21321 Antigua Ln 21372 Antigua Ln 21292 Antigua Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Bead CA 92646 148 082 28 148 082 29 2oo 148 085 02 256 Occupant Occupant Occupant 21341 Sand Dollar Ln 21351 Sand Dollar Ln 21292 Seaforth Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148 086 02 14 y 148 086 22 �� 148 086 33 30 0 Occupant Occupant Occupant 21291 Seaforth Ln 8522 Milne Or 21332 Sand Dollar Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148121.01 306 14812103. 307 14812117 317 Occupant p Occupant Occupant 21502 Newland St 8570 Hamilton Ave 8669 Edison Ave Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 148 121 19 313 148 121 22 31(0 149 01103 32,1 .0zcupant Ocwpant Occupant 353-: Edison Ave 8521 Edison-Ave 9031 Bermuda.Dr Huntington Beach CA 92646 Huntington-Beach CA 92646 Huntington Beach-CA 92646 149 012 09 33 149 012 27 149 021 04 3�� Occupant Occupant Occupant 9122 Bermuda Or 9061 Kahului Or 9091 Mahalo Or Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington..Beach CA 92646 14902106 149 02108 silo 149 022 05 .37(v Occupant Occupant Occupant 9111 Mahalo Or 9131 Mahalo Dr 9072 Mahalo Or Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 149 022 09 3�0 149 02210 3 149 023 01 , y9 Occupant Occupant Occupant 9112 Mahalo Or 9122 Mahalo Dr 21841 Kiowa Ln Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 149 023 03 � 149 024 06 tt� 149 031 183 Occupant Occupant Occupant 21861 Kiowa Ln 9082 Kapaa Or 9081 Bobble Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 A113AV-09-008-1 wi0965 3MdW31®AjaAb ash' w1096S®AH3AV o worAGane-MMPa 6wIu»d aaaJ wef Jam Free Printing C_Lk0 www.avery.com Use Avery®TEMPLATE 5960T"" 1-800-GO-VERY AVERY® 5960T"' 14903122 Ijg7 149 031 29 Ilyy 149 04105 q7 p Occupant Occupant Occupant 9031 Bobbie Cir 9062 Bobbie Cir 9062 Niguel Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 149 041 10 ?5 149 041 34 l jq y 149 04143 s0 f Occupant Occupant Occupant 9081 Adelia Cir 9022 Rhodesia Dr 9132 Rhodesia Dr Huntington Beach CA 92646 Huntington Beach CA 92646 • Huntington Beach CA 92646 149 042 06 4y 149 042 07 s'!g 939 480 01 St 9 Occupant Occupant Occupant j 21682 Polynesian Ln 21692 Polynesian Ln 21541 Surveyor Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 939.480 02 S 9 939 480 03 52,0 939 480 05 SZ 2. Occupant Occupant Occupant 21531 Surveyor Cir 21521 Surveyor Cir 21561 Surveyor Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 939 480 06 fZS 939 480 07 Szy/ 939 480 09 SL& - Ovcupant Occupant Occupant 21591 Surveyor Cir 21581 Surveyor Cir 21601 Surveyor Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Bead CA 92646 939 480 11 _e�2,f 939 48012 5 Z . 939 48013 03o Occupant Occupant- Oc uupant 2.1532. Surveyor Cir 21542 Surveyor Cir 21562 Surveyor Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 939 48015 5 939 48016 533 93948017 Occupant Occupant Occupant 21582 Surveyor Cir 21592 Surveyor Cir 21602 Surveyor Cir Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 939 480 19 5'3 Occupant 21622 SurveyorCir Huntington Beach CA 92646 wi0965 ®A2J3AV AWAV-09-008-1, m0965 3J.t/7dW3J.SGand OSaj worAaane•nnnnnn But;uud awA we /;;7"5, 0W. -&WXL- �qp at' r:.�•` i,�..o-e._.. PPV -0A213AVQ John & Linda Scott Cheryl Elliott Hadeel &Lorraine Ei--Ahraf 22032 Capistrano Lane 21652 Branta Circle 21572 Kanakon Lane Huntington Beach CA 92464 Huntington Beach CA 92646 Huntington Beach CA 92646 Scott & Debra Cooper Christine.Padesky Greg & Donna Dillon 9372 Malahine Drive 22022 Hula Circle 22101 Jonesport Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 Joseph&Joan On ie William Yarchin, Ph.D. Donald &Lorraine Evans 9411 Mokihana Drive 9291 Hudson Drive 6201 Greenbrier Drive Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92648 Brian &Sylvia Visnoski Ernie &Linda Courter Bob Polkow 22002 Capistrano Lane 21542 Kanakoa Lane 21772 Oceanview Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 Kara Buttacavoli, P.E. a Steffen &Tanis Goltra Ron J. Esmilia 2 Ka965 Live Oak Circle 9432 Keoki Circle 19502 Ranch Lane,#108 28965 Canyon CA 92679 Huntington Beach CA 92646 Huntington Beach CA 92648 Trabuco Stacey Grosvenor William Tappan Craig Watkins 601 21 5t Street 7 Posada 7048 Toledo Court Huntington Beach CA 92648 Irvine CA 92614-5379 Huntington Beach CA 92648 Rashelle Smith Sue Bennett Hodgson Andy Tran 2837 S. Fairview St., Unit 1 9661 Bickley Drive 6 Heritage Santa Ana CA 92704 Huntington Beach CA 92646 Alisa Viejo CA 92656 Terese Caiazzo Steve Tedesco, P.E. Angel Bustamante 19901 Keswick Lane 23 Albany Street 65 Wild Horse Loop Huntington Beach CA 92646 Irvine CA 92604 Rancho Santa Margarita CA 9268E Steven Agor, P.E. Paul Cook, P.E. Robert Ohlund 25462 Morningstar Road 7155 Little Harbor Drive . 30111 Branding Iron Road Lake Forest CA 92630 Huntington Beach CA 92648 San Juan Capistrano CA 92675 Gregory Helms Craig Shuman The Ocean Conservancy Robert&Karla Thomas Heal the Bay Santa Barbara Field Office 9152 Playa Drive 3220 Nebraska Avenue 714 Bond Avenue Huntington Beach CA 92646 Santa Monica CA 90404 Santa Barbara CA 93103 n091S joj ateidwat asn W LStaa4S PaaA 410OWS jg6 W10965 aasel P °'a'_n l slagej ssaappb 0AU-3AV �U Don Schultz Bruce Monroe Randy Fuhrman Surfrider Foundation Sierra Club 16915 Roundhill Drive 2722 Mainway Drive 1077 Pacific Coast Highway Huntington Beach CA 92649 Los Alamitos CA 90720 Seal Beach CA 90740 Vandersloot Don May Joe Geever Jan Y Ocean Outfall Group California Earth Corps Surfrider Foundation turn Avenue P.O. Box 6010 Mi 8101 Newman, Ste. C 4927 Min turn Beach CA 92647 Lakewood CA 90712 San Clemente CA 92674 Mark&Julie Bixby Ed DeMeulle Deborah Zisch 17451 Hiligate Lane 9441 Alii Circle 9021 Niguel Circle Huntington Beach CA 92649-4707 Huntington Beach CA 92646 Huntington Beach CA 92646 Stephanie Barger Monika Galluccio David Guido Earth Resource Foundation SEHBNA David Guido a Lane 230 E. 1701 Street, #208 9182 Christine Drive Huntington Beach a 92646 Costa Mesa CA 92627 Huntington Beach CA 92646 John Scott Tim Anderson Jeffrey Graham BNA m SEH 7801 14 Street 5643 Lone Star Drive 22032 Capistrano Lane Westminster CA 92683 San Diego CA 92120 Huntington Beach CA 92646 Eileen Murphy Dean Albright Don McGee 20121"Street Ocean Outfall Group 20701 Beach 17301 Breda Lane#8 Huntington Beach CA 92648 Huntington Beach CA 92645 Huntington Beach CA 92649 John Hills Larry Porter Irvine Ranch Water District Rich Strat er Ocean Outfall Group 51 3 2 Michelson Drive 21152 trathmoor Lane 1501 Westcliff Drive,#207 Huntington Beach CA 92646 Newport Irvine CA 92663 Beach CA 92660 Chris StacyCharles Kelber Carlisle Eric Carl s e Cabrillo Wetland Preservation Org. Cabrillo Wetland Preservation Org. Eric Camille Drive 11 Gloxinia Avenue a #14 904 G 21752 Pacific Coast Highway Huntington Beach CA 92647 Huntington Beach CA 92646 Fountain Valley CA 92708 Brittany Buscomb Karl E. Wysock Doug Korthof 18441 Delaware 9072 Christine Drive 1020 Mar Vista Huntington Beach CA 92648 Huntington Beach CA92646 Seal Beach CA 90740 Nancy Donaven Joey Racano Gino Rapagna 4831 Los Patos Avenue P.O. Box 373 8132 Pawtucket Drive Huntington Beach CA 92649 Huntington Beach CA 92648 Huntington Beach CA 92646 09ts jo ale dwa as ® 3 1 i tl w1S38845 13a81 410ows W1096S aasel QA.A-P slagel ssaippd @A2l3AVO Michelle Kremer Steve Tyler Greg Jewell Surfrider Foundation 2564 Franki Street Surfrider Foundation P.O. Box 6010 Orange CA 92665 P.O. Box 6010 San Clemente CA 92674-6010 San Clemente CA 92674-6010 Stefan Warren Tanveer Rao Ralph Bauer Surfrider Foundation 18606 Park Ridge Lane 16511 Cotuit Circle P.O. Box 6010 Huntington Beach CA 92648 Huntington Beach CA 92649 San Clemente CA 92674-6010 Randy Kokal Waiter Winrow Dr. Amer EI-Ahraf 18507 Pueblo Circle 501 S. Broadway 21572 Kanakoa Lane Huntington Beach, CA 92646 San Diego CA 92138 Huntington Beach CA 92646 Merrilee Madrigal Marinka Horack Flossie Horgan 10231 Cliff Drive 21742 Fairlane Circle 207 21"'Street Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92648 Kerry Knapp Louis Berkin Teresa Young 712 Sue Drive 707 Broadway 1221 N. Charter Avenue Placentia CA 92870 San Diego CA 92101 Pasadena CA 91104 Monica Hamilton Christine Carr Mike Madigan 5401 Kenilworth Drive 233 22nd Street 701 B Street Huntington Beach CA 92649 Costa Mesa CA 92627 San Diego CA 92101 Charlie Bunten Roger Faubel Dr. Scott Jenkins 380 5 +�Street 25 Orchard 14765 Kalapana St. Huntington Beach CA 92648 Lake Forest CA 92630 Poway CA 92064 Mike Tope District Superintendent of Glenn &Suzanne Elliott Steven &Annie Ayala Jeinick Dept. of Parks&Recreation 21652 Branta Circle 22031 Capistrano Lane 3030 Avenida del Presidente Huntington Beach CA 92646 Huntington Beach CA 92646 San Clemente CA 92672 Bob& Mona Gennaway Ann Tweedy Steve& Kathi Richardson 21651 Dirigo Circle 9761 Melinda Circle 22021 Balboa Circle Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 William &Kathleen Wetzel Edward Murphy Adam Paiitz 21872 Vacation Lane 22061 Rockport Lane 22032 Capistrano Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 c.)09IS aol aleldwal asB wLs084S.PaaJ 4100wS w1096S aasel 0-2 C. slagel ssaippV 0AU31AV D Stephanie Gledhill Philip Yasskin Mike &Michelle Revelle 5245 Foxglove Drive 19063 Redford Lane 6621 Feather Drive Huntington Beach CA 92649-4093 Huntington Beach CA 92648 Huntington Beach CA 92648 Kami Celano Patrick Clynes Karen Keene 6631 Silent Harbor 6681 Feather Drive 6631 Silent Harbor Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 Gary Kutscher Robert Harrison Allan Beek 6565 Feather Drive 9332 Greenwich Drive 2007 Highland Drive Huntington Beach CA 92648 Huntington Beach CA 92646 Newport Beach CA 92660 Marco Gonzalez Christine Carr Eben Sprague Surfrider Foundation 2712 Cliff Drive 25121 La Cresta 2924 Emerson St. #220 Newport Beach CA 92663 Dana Point CA 92629 San Diego CA 92106 Jon Caristo May lone Ken Ma lone Maria Kutscher 16781 St. Cloud Circle 405 a Street#B 6565 Feather Drive Huntington Beach CA 92647 Huntington Beach CA 92648 Huntington Beach CA 92648 Mary Jo Baretich Marty Earlabaugh John Earl WE VOTE 8031 Mermaid Circle 616 '/Crest 21752 Pacific Coast Highway#21 Huntington Beach CA 92646 Huntington Beach CA 92648 Huntington Beach CA 92646 Jeff Ackley John McGregor Aaron Felein WE VOTE Cabrillo Mobile Home'Park(PAC) WE VOTE 21752 Pacific Coast Highway#10 21752 Pacific Coast Highway#6A 22382 Caminito Madera . Huntington Beach CA 92646 Huntington Beach CA 92646 Laguna Hills CA 92653 David Carlbe Tim Geddes Sara Beebe 17422 Lido Lane SEHBNA 83 Kensington Drive Windson Circle 96 2 2180 9t 9 Huntington Beach CA 92646 Huntington Beach 92647 Hunting ton Bea ch CA 9264 6 Gary Gorman Lars Oldewage Wayne Clark HB Wetlands Conservancy Irvine Ranch Water District MWDOC P.O. Box 5903 P.O. Box 57000 2021 Business Center Dr., Ste. 1 t Huntington Beach CA 92615 Irvine CA 92619-7000 Irvine CA 92612 Addanne Morrison Dick White Gregory Heiertz Bolsa Chica Conservancy 17811 Misty Lane Irvine Ranch Water District 38242 Warner Avenue P.O. Box 57000 Huntington Beach CA 92649-4263 Huntington Beach CA 92649 Irvine CA 92619-7000 (,)091S ao}ateldwal as0 wlsta84S p38:1 4100111S � 1 W1096S aasel 0 --0�. - slagel ssaippV ®A213AW Neil D. Tsutsui,Ph.D. Debbie&Steve Clark Laura Curran University of California, Inane 9021 Bobbie Circle 437 Dahlia Irvine CA 26 321 SteA 926 Hall97-2525 Huntington Beach CA 92646 Corona Del Mar CA 92625 ' Nicola Peill Karl & Heidi Tahti David Gordon 5036 East Atherton Street 9071 Regatta Drive 22071 Rockport Lane Long Beach CA 90815 Huntington Beach CA 92646 Huntington Beach CA 92646 Michael Callison Ronald Smith Brian Reiss, Esq. 21972 Summerwind Lane 21842 Seaside Lane 22071 Capistrano Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 Lynda Hernandez Bobbie Miller Steve Homer 8232 Munster Drive 9332 Tahiti Circle 222181 Luau Lane Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 Charles&Maryann Roselle David Wagester Susan Jordan, Director 9402 Daytona Circle 9012 Christine Drive CA Coastal Protection Network Huntington Beach CA 92646 Huntington Beach CA 92646 906 Garden Street Santa Barbara CA 93101 .Shirley Commons Long Bunker Hill Lou Baker 6352 Reubens ! 16601 Trudy Lane 18746 Racquet Huntington Beach CA 92647 Huntington Beach CA 92647 Huntington Beach CA 92648 Steve Ray Tom Livengood Norm Westwell 17762 Paseo Circle,#B 5461 Meadowlark 17171 Englewood Drive Huntington Beach CA 92647 Huntington Beach CA 92649 Huntington Beach CA 92647 Michelle Svitenko African Augustine&Shirley Pepi Conner Everts, Executive Director 9682 Surfcrest Drive 21902 Kaneohe Lane So. California Watershed Alliance Huntington Beach CA 92646 Huntington Beach CA 92646 5321 Encino CA o CA 9 Avenue 91316 ®091S aoj afeldwa;asg WlSOOLIS paaA U" Impression antibourrage et a sechage rapicde www.averycom Q AVERY®5960mc Utilisez le gabarit 5960' Q-L� Oa-?oq 1-800-GO-AVERY l 14-150-81 114-150-73 148-012-11 Huntington Beach Wetlands Mills Land& Water Co. HB City School District PO Box 5903 PO Box 7108 20451 Craimer Lane Huntington Beach, CA 92615 'Huntington Beach, CA 92615 Huntington Beach, CA 92648 148-073-11 148-073-25 148-074-13 Ping Hwat Oey Seabury Development Co. Barbara Hennessey 21372 Yarmouth Lane 1301 Breton Lane 414 El Modena Ave. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Newport Beach, CA 92663 148-085-02 149-041-34 114-150-58,59 Erika Nollau Nasser Mustafa State of Calif Dept. of Transportatior 2117 Sugar Pine Way 9022 Rhodesia Dr. 3337 Michelson Dr.,#380 Las Cruces,NM 88012 Huntington Beach,CA 92646 Irvine,CA 92612 i 939-480-09 039-480-34 939-480-06 Emil Miorelli Mark Siano Occupant 27651 Paseo La Ronda 18306 Atlanta Ave., #103 21591 Surveyor Circle San Juan Capistrano, CA 92675 Huntington Beach, CA 92648 Huntington Beach, CA 92646 114-481-02 114-481-13 114-481-19 Harry Howell Margaret Lourtie Richard Mortimer 22021 Susan Lane 10737 Crebs Ave. 9002 Christine Drive Huntington Beach, CA 92646 Northridge, CA 91326 Huntington Beach, CA 92646 148-043-42 148-044-05 148-044-25 Dream Diversified LP Jason Crayne James Thies PO Box 2014 16501 Monroe Street 8563 Amazon River Circle Huntington Beach, CA 92647 Huntington Beach,CA 92647 Fountain Valley,CA 92708 148-044-26 148-082-12 148-086-15 Richard Powers Christine Pattison Phillip Dimento 8401 Lomond Drive 21372 Antigua Lane 8 Calle Alumbrado Huntington Beach, CA 92646 Huntington Beach, CA 92646 San Clemente, CA 92673 149-011-03 149-011-04 149-021-01 Ronald Jett Albert Ashurst Becky Hardonierre 9031 Bermuda Drive 8886 Plumas Circle,#1122C PO Box 5675 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Newport Beach,CA 92662 149-021-03 149-022-05 149-022-09 Robert J. Frye Arnold Angelici Paul Strain 9081 Mahalo Drive 9072 Mahalo Drive 200 Pacific Coast Hwy, #349 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648 A113AV-09-009-1 w-L0965 31VldW31 of-jew ash —0965 eAUBAV o W0XAJ8ne-A&MM 6ullulid 88a3 a6pnwg pue wer Impression antibourrage eta sechage rapide www.avery.com AWRY®5960-1: UtiI1sez Ie gabarit 5960'wc CAA'P oa.—pq 1-800-GO-AVERY 149-041-05 149-041-12 149-042-07 David Chapman Darwin Zirbel Melvin Webb 9062 Niguel Circle 9061 Adelia Circle 21692 Polynesian Lane Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 '939-480-04 939-480-25 939-480-3 8 Terrence Schuhrke James Goswick Heidi Dahlin 21571 Surveyor Circle, #2A 8304 Atlanta Ave., #101 8306 Atlanta Ave., #205 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 939-480-44 Ronald Korona Via Amendola 16 Monza(MI) Italy ®A2l3Ab/ a A113AV-O9-008-1. �. wi0965 3MdW31 @fjanv asn wi0965 wortiaAe-Nmm 6u1l.ulid 88a3 afspnwS pue we f Jam Free Printing www.averycom TM Use Avery®TEMPLATE 5960T"" `�`"�' Off.-- 1-800-GO-AVERY a A ' 0 5960 Ms.Karen A. Evans Mr.Terry Roberts Mr.Tom Luster United States Fish and Wildlife Service State Clearinghouse California Coastal Commission 6010 Hidden Valley Road Office of Planning and Research 45 Fremont Street, Suite 2000 Carlsbad,CA 92009 1400 10`i'Street _ San Francisco,CA 94105-2219 Sacramento,CA 95814 Mr. Donald R.Chadwick Mr.Stephen Jenkins Mr.David Woelfel California Dept.of Fish and Game California State Lands Commission Santa Ana Regional Water Quality 4949 Viewridge Avenue Environmental Planning and Management Control Board San Diego,CA 92123 100 Howe Avenue, Suite 100-South _3737 Main Street,Suite 500 Sacramento,CA 95825 Riverside, CA 92501 Mr. Wayne Hubbard Mr.Richard Rozzelle Mr.Robert Joseph,Chief California Dept.of Health Services California Dept.of Parks and Recreation Caltrans District 12 Division of Drinking Water Orange Coast District 3337 Michelson Drive Suite CN-380 601 N 76'Street,MS 92 3030 Avenida Del Presidente Irvine,CA 92612-0661 Sacramento,CA 95814 San Clemente,CA 92672 Mr.Terrence O'Brien Mr.Paul Frost Mr.Timothy Neely California Energy Commission California Division of Oil,Gas, and County of Orange 1516 Ninth St. Geothermal Resources Planning&Development Services Sacramento,CA 95814 5816 Corporate Ave.,Suite 200 300 N. Flower St.,3'd Floor Cypress, CA 90630 Santa Ana, CA 92702 Mr.Jeffrey Smith Mr.Ray Hiemstra Mr.Richard B. Bell Southern California Association of Huntington Beach Environmental Board Irvine Ranch Water District Governments 214 19`' Street,#5 15600 Sand Canyon Avenue 818 West 7 h Street, 12"'Floor Huntington Beach,CA 92648 Irvine,CA 92618 Los Angeles,CA 90017 David A. Ludwin,P.E. Mr.Marty Meisler Michelle Tuchman Orange County Sanitation District Metropolitan Water District of Southern Municipal Water District of Orange 10844 Ellis Avenue California County Fountain Valley,CA 92708-7018 700 N.Alameda St. 10d'Floor 10500 Ellis Avenue Los Angeles,CA 90012 Fountain Valley, CA 92708 Jeff Armstrong Mark Pelka Mr.Robert Hawkins Orange County Sanitation District Mesa Consolidated Water District Law Offices of Robert C.Hawkins 10844 Ellis Avenue 1965 Placentia Ave. 110 Newport Center Drive, Suite 200 Fountain Valley,CA 92708-7018 Costa Mesa,CA 92627 Newport Beach,CA 92660 Mr. Steve Tibbs Bonita Canyon Maintenance Association Property Manager St.Paul's Greek Orthodox Church C/O Merit Property Cedar Creek Apartments 4949 Alton Parkway 25910 Acero Street 5051 Alton Parkway#10 Irvine,CA 92604 Mission Viejo,CA 92691 Irvine, CA 92604 Ms. Kathleen Hawkins Harbor Ridge Estates Maintenance Irvine Community Development Co. Harbor View Knoll Community Assoc. Association 550 Newport Center Drive C/O Common Interest,Inc. C/O Nancy Ryan Newport Beach,CA 92660-7011 3551 Camino Mira Costa N. 22900 Bristol Street,Bldg.D-104 San Clemente,CA 92672-3500 Costa Mesa,CA 92626 IE1 11,4 L.vvvlz- 51�vr=- SM ij:p e-p P—�Pp/P i--5c— S cszlAr-> 67& 5-1t1w r-C?-foP T?F 7-1$t021; �. ccaPt4---`f pR 7-9 CAVIL cv-Ntuf Z- f 76-44 M wi0965 ®A?J3Ab o HAV-09-008-L wi096S 31VldW3JL®tiaAd ash worAane-Arimm 6uiluiid aaiJ wer Jam Free Printing V-A-&4--' —0 y www.avery.com Tm Use Avery®TEMPLATE 5960T- � 1-800-GO-AVERY � A�RY®5960 Newport Ridge North Community Seawind Community Association Mr.Don Schulz Association C/O Village Way Management,Inc. Surfrider Foundation C/O Keystone Pacific Management 22 Mauchly 2722 Mainway Dr 16845 Von Karman, Suite 200 Irvine, CA 92618 Los Alamitos,CA 90720 Irvine,CA 92606 Mr. Don May Mr.Joe Geever Mr. Ron Lockmann California Earth Corps Surfrider Foundation U.S. Army Corps of Engineers 4927 Minturn Avenue P.O. Box 6010 911 Wilshire Lakewood,CA 90712 San Clemente,CA 92674 Los Angeles, CA 90017 Ms. Lisa Hanf(Mail Code CMD2) Mr.Jim Slawson Mr.Richard Masters US Environmental Protection Agency National Marine Fisheries Service Habitat Huntington Beach City School District 75 Hawthorne Street Conservation Division 20451 Craimer Lane San Francisco,CA 94105 501 West Ocean Boulevard, Suite 4200 Huntington Beach, CA 92646 Long Beach,CA 90802-4213 Mr. Gordon Smith Mr.Renae M.Hinchey . Ms. Sharon Z.Wood Huntington Beach Wetlands Conservancy Laguna Beach County Water District City of Newport Beach 9122 Christine Drive 306 Third Street 3300 Newport Blvd. Huntington Beach,CA 92646 Laguna Beach,CA 92651 Newport Beach,CA 92658 Director of Planning Director of Planning Ms.Laura Simonek City of Irvine City of Costa Mesa Metropolitan Water District of Southern 1 Civic Center Plaza 77 Fair Drive California Irvine,CA 92623 Costa Mesa,CA 92628 700 N. Alameda St., 10t"Floor Los Angeles,CA 90012 Ms.Nancy M.Donaven Mr. David Carlberg,Ph.D. Mr.George Britton 4831 Los Patos Ave. 17422 Lido Lane County of Orange Huntington Beach,CA 92649 Huntington Beach,CA 92646 Project Planning and Services Division 300 N. Flower St.,3`d Floor Santa Ana,CA 92703-5000 Mr.Chris Crompton Mr. Dick Masters Mr.Fred Owens County of Orange Public Facilities and Huntington Beach Elementary School Golden West College Resources Department District 15744 Goldenwest St. 1750 S. Douglas Road 20451 Craimer Lane Huntington Beach,CA 92647 Anaheim,CA 92806 Huntington Beach,CA 92648 Orange County Harbors,Beaches and Mr. Steve Kim Dr. Patricia Koch Parks Dept. Orange County Health Care Agency Huntington Beach Union High School IGCR/CEQA Review Environmental Health Division District 300 N. Flower Street 2009 East Edinger Avenue 10251 Yorktown Avenue Santa Ana,CA 92703 Santa Ana, CA 92705 Huntington Beach,CA 92646 Mr. Bob Muir Mr. Stan Sprague Mr. Gary Reynolds Metropolitan Water District of Southern Municipal Water District of Orange Orange County Vector Control District California County 13001 Garden Grove Blvd. 700 N. Alameda St. 10t'Floor 10500 Ellis Avenue Garden Grove, CA 92843 Los Angeles,CA 90012 Fountain Valley,CA 92708 4�-Y YP►�pl�arc� 5v'S�.f-�o�-�1�1� C'A D}-t5- CC�&3-5&4-- 71 Gl,( Z 9 U'Vt e- CA-0'fqrTFF, Pl-,6'Z� qv co r p ►mot fir_ p-racy �zs ct- rl 2n of wi0965 ®A��d AWAV-09-008-t wi0965 3MdW31 ofiew asn wo:)-Ai8nemmAr% 6tutuud aaa3 wef Jamhee� '- nting "" tom' Off.—01 www.averycom o AyEriv®5960T"" Use Ave TEMPLATE 5960— + 1-800-GO-AVERY Mr.Ron Gastellum Mr.Patrick Scanlon Ms. Sandra Jacobs Metropolitan Water District of Southern District Manager,Orange County District Rainbow Disposal California Southern California Water Company 17121 Nichols Street 700 N.Alameda St., 10'"Floor 1920 West Corporate Way Huntington Beach, CA 92647 Los Angeles,CA 90012 Anaheim,CA 92801 Mr. Ron Hayden Gino Rapagna Ms. Sara Bavan Huntington Beach Library Services 8132 Pawtucket Dr. Orange County Flood Control District Department Huntington Beach,CA 92646 300 N. Flower Street 7111 Talbert Avenue Santa Ana, CA 92703-5000 Huntington Beach,CA 92648 Mr_Rick Hansen Mr.Tim Jocum Ms. Spring Bowles Three Valleys Municipal Water District Upper San Gabriel Valley Municipal Edison Company 1021 E.Miramar Avenue Water District 7333 Bolsa Avenue Claremont,CA 91711 11310 E.Valley Blvd Westminster,CA 92683 El Monte,CA 91731 Mr. Bill Jankowski Mr.Greg Heintz Mr. Tom Solano Time Warner Communications The Gas Company Verizon 7441 Chapman Avenue 12631 Monarch Street 7352 Slater Avenue Garden Grove,CA 92841 Garden Grove,CA 92841 Huntington Beach,CA 92647 Mr.Don Jensen Mr.Bill Ault Mr.Bill Murray Director of Public Works Director of Public Works City Engineer City of Buena Park City of Fountain Valley City of Garden Grove 6650 Beach Blvd 18240 Ward Street 11222 Acacia Parkway Buena Park,CA 90620 Fountain Valley,CA 92708 Garden Grove,CA 92842 Ms. Michelle African Mr.Martin Pastucha Mr.Ismile Noorbaksh 9682 Surfcrest Dr. Director of Public Works Director of Public Works Huntington Beach,CA 92646 City of La Habra City of La Palma 201 E. La Habra Blvd. 7822 Walker Street La Habra,CA 90633-0337 La Palma,CA 90623 Mr.Don Webb Mr.Harry Thomas Mr.Dave Lund Director of Public Works Director of Public Works Director of Public Works City of Newport Beach City of Orange City of San Clemente 3300 Newport Boulevard 189 S. Water Street 100 Avenida Presidio Newport Beach,CA 92663 Orange,CA 92866 San Clemente,CA 92672 Mr. Steve Dadun Mr.Tim Serlet Mr.Brad Fowler Director of Public Works Director of Pubic Works Director of Public Works City of Seal Beach City of Tustin City of Westminster 211 8t`Street 235 E.Main Street 8200 Westminster Blvd. Seal Beach,CA 90740 Tustin, CA 92780 Westminster,CA 92683 Mr.Bob Hill Mr.Ray Jones Ms.Renee Hinshey General Manager General Manager General Manager El Toro Water District Irvine Ranch Water District Laguna Beach County Water District 24251 Los Alisos Blvd 15600 Sand Canyon Avenue 306 Third Street Lake Forest,CA 92630 Irvine,CA 92619-7000 Laguna Beach,CA 92651 m0965®AU3AV ® AMAV-09-008-L w,0965 31V1dW31 @AjaAd ash woYAG8Ae•mmm 6uguud aaa3 wet Jam and Smudge free Printing � WWW avery com Q AVERYO 5960TM Use Ave TEMPLATE 5960— ''""f 1-800-GO-AVERY Mr. Karl Kemp Mr.John Fowley Mr. William R. Mills General Manager General Manager General Manager MESA Consolidated Water District Moulton Niguel Water District Orange County Water District 965 Placentia Avenue 27500 La Paz Road 10500 Ellis Avenue Costa Mesa,CA 92627 _ Laguna Niguel,CA 92677-3489 Fountain Valley,CA 92708 Mr. Jon Schatz Mr.John Reddick Mr.David Noyes General Manager General Manager General Manager Santa Margarita Water District Santiago County Water District Serrano Water District 26111 Antonio Parkway, RSM 7431 Santiago Canyon Road 18021 East Lincoln Street Mission Viejo,CA 92690-0279 Silverado, CA 92676-0575 Villa Park,CA 92861-6499 Mr. Michael Dunbar Mr.Patrick Scanlon Mr.Bruce Boner General Manager District Manager,Orange County District General Manager South Coast Water District Southern California Water Co. Trabuco Canyon Water District 31592 West Street 1920 West Corporate Way 32003 Dove Canyon Drive Laguna Beach,CA 92651 Anaheim,CA 92801 Trabuco Canyon,CA 92679 Mr. Bill Robertson Ms.Amy Amirani Mr. Phil Wray General Manager Director of Public Works City Engineer Yorba Linda Water District Capistrano Valley Water District City of Brea 4622 Plumosa Drive 32450 Paseo Adelanto One Civic Center Circle Yorba Linda,CA 92686 San Juan Capistrano,CA 92693 Brea,CA 92821 Mr. David Guido Mr. Ed DeMeulle Mr.Ed Kerins Huntington Beach Coastal Communities Southeast Huntington Beach Huntington Beach Tomorrow Assn. Neighborhood Association P.O. Box 865 21241 Lochlea Lane 9441 Alli Circle Huntington Beach,CA 92648 Huntington Beach, CA 92646 Huntington Beach,CA 92646 Mr.George E. and Ms.Charlotte A. Mr.Gordon Smith Mr.Willard Childs Mason Huntington Beach Wetlands Conservancy Vari-Power Company 21641 Bahama Lane 9122 Christine Drive 582 Rancho Santa Fe Road Huntington Beach,CA 92646 Huntington Beach,CA 92646 Encinitas,CA 92024 Mr. James H. Iverson Mr.Thomas Wilson Sierra Club,Angeles Chapter 19350 Ward St., Sp.23 Orange County Board of Supervisors, 5'11 3435 Wilshire Blvd#320 Huntington Beach,CA 92646 District Los Angeles, CA 90010-1904 10 Civic Center Plaza Santa Ana,CA 92702 Robert Thomas Mr.Larry Porter Mr.Mike Seymour 9152 Playa Drive 1501 Westcliff Dr. #201 21801 Greenboro Ln. Huntington Beach,CA 92646 Newport Beach,CA 92660 Huntington Beach,CA 92646 Jan D. Vandersloot,M.D. Mr.Robert W. Harrison Mr. Bill Holman 8101 Newman, Suite C 9332 Greenwich Drive 5861 Raphael Dr. Huntington Beach, CA 92647 Huntington Beach,CA 92646 Huntington Beach,CA 92649 �w096S®A?J3AV V A113AV-09-008-L �w096S 1!aegefi al zeslian wow Aiane mmm ap!dea 96ey:)as a 19 a6eaanoq!;ue uo!ssaidury impression antibourrage et a sechage rapide www.averycom Q gVERY®5960""� Utiiisez ie gabarit 5960Mc �-P oa-o 9-800-GO-AVERY il Larry Porter Jan D. Vandersloot Patricia M. Goodman 1501 Westcliff Drive, #201 8101 Newman Ave, Suite C 18531 Bentley Lane Newport Beach, CA-92660 Huntington Beach, CA 92647 Huntington Beach, CA 92648 William Yarchin Robert Thomas Karen Jackle 9291 Hudson Drive 9152 Playa Drive 6702 Lawn Haven Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648 Todd Vanetten David Maricich Norm Westwell 26318 Misty Glen 21292 Banff Lane 17171 Englewood Circle Lake Forest, CA 92630 Huntington Beach, CA 92646 Huntington Beach, CA 92647 Warren Finley Wader LLC John Scott Annie A. Jelnick 1076 Skyline Drive 22032 Capistrano Lane 22031 Capistrano Lane Laguna Beach, CA 92651 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Darlene Little Patricia Aurelius Lynda A. Hernandez 9882 Spruce Court 5411 Trinette Ave. 8232 Munster Drive Cypress, CA 90630 Garden Grove, CA 92845 Huntington Beach, CA 92646 Leslie Brian Rod A. Rasmussen Eileen Murphy 71 Giotto 9152 Kapaa Drive 201 21 st Street Aliso Viejo, CA 92656 Huntington Beach, CA 92646 Huntington Beach, CA 92648 Ric Button Frank Bradley John D. Howell 8642 Hatteras Drive 21851 Newland Street, #224 20321 Bancroft Circle Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Steve Tyler Maureen Mills James&Cindy Douglas 2564 Franki Street 8481 Doncaster Drive 17322 Whetmore Lane Orange, CA 92865 Huntington Beach, CA 92646 Huntington Beach, CA 92646 Mindy McIntyre 1 Peter H. Gleick,President Planning and Conservation League Pacific Institute Surfrider Foundation 921 11th Street, Third Floor 654 13th Street PO Box 3087 Sacramento, CA 95814 Oakland, CA 94612 Long Beach,CA 90803 AH MV-09-008-L �,� w1096S 3MdW31 oAjew ash w10965®J�?J�t/ Q WOYAJDAe-n&MM ftluiad aatj 96pnwS pue we f impression antitiourrage et a sechage rapiae www.avery.com ��, AVERW 5960- Utilisez le gabarit 5960mc --O 1-800-GO-AVERY V Craig Shuman Beck Bailey-Findley, CEO Garry Brown Heal the Bay Orange County Fair&Exposition Center Orang Co Cos ee r 3220 Nebraska Avenue 88 Fair Drive 441 O Ne o v Suite 103 Santa Monica, CA 90404 Costa Mesa,CA 92626 Newpo , CA 92663 Steve Homer, Chairperson s � � _.1. "C*—I ll�"V SEHBNA , P-C, PO Box 5696 zzv coHl �c� #�z.00 3'ltoo klt-RtN.bliZPt7-�# zl•o Huntington Beach, CA 92646 l�,,, �� q Zto wm6q PgF'&C -', CA ao SoLe Aa3AV-09-008-i wi096S 31VIdW31®fGaw asn w1096S 0A2l3AV wortiaAe m mm 6uilulad aaa3 96pnwS pue wef impression antiuourrage et a sechage rapide www.avery.com o AVERYO 5960.1 Utilisez le gabant 5960- E n (:�a 1-800-GO-AVERY William J. Morris Ronald L Tippets Director of Public Services (Chief, Environmental Planning Division City of Costa Mesa County of Orange Resources Dept. 77 Fair Drive 300 N Flower Street Costa Mesa,CA 92628 Santa Ana, CA 92702 ®A213/�d a ANW-09-008-1. w10965 3JLVIdW31®fUany esn w10965 wo3-kane-mmm 6ulluiad aaad a6pnwS pue wef MEETING DATE: January 9, 2006 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Economic 12/20/05 Redevelopment Agency of the City of Huntington Development Beach - Notice of Public Hearing on Owner Participation Agreement (OPA) with Poseidon Resources Corporation Planning 12120105 Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Seawater Desalination Project) (contd from 9/6/05 & 10/17/05 Council Mtg.) TODAY'S DATE December 20, 2005 VERIFIED BY ADMININSTRATION: APPROVED BY: Paul Emery,,", 12/20/2005 2:50 PM f CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST G 0? ND. 07- Dot ��#�f' N©- 0z_ ©� r ' -=� V F—S,6L-1 " SUBJECT: N/-Ch #-e::1-> t�N I Jet br` t I al OC.P DEP TMbNT: MEETING DATE: CO ACT: PHONE: N/A YES NO ( ) } O Is the notice attached? ( ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date,day and time of the public hearing correct? ( } ( ) If an appeal,is the appellant's name included in the notice? ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Environmental Status to be approved by Council? i Is a map attached for publication? ( ) ( ) Is a larger ad required? Size ( } QQ ( ) Is the verification statement attached indicating the source and accuracy of the mailingg list? u�''P1 -'4� � �j"t t �► h'��u N( Go. pNy . . V�W�1� f3`� �` V1S�lJ�4 t-FL"�,�t' �►s'��� owK�_ ( ) ( ) jee&e alp•plicant's name and address part of the mailing labels? ( ) ( ) Are the appellant's name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit,are the resident labels attached? Is the Report 33433 attached? (Economic Development Dept.items only) Pleas complete the following: • ID 1. Minimum days from publication to hearing date 2. Number of times to be published oN ` 3. Number of days between publications N116, 21 Don May,President California Earth Corps - 4927 Minturn Avenue Lakewood,CA 90712' ••• Phone(562)630-1491 FAX (562)630-4653 Email rthcoiRs@earthlink.net I i /7- 6W4 Tl� PXF 6 7?1�F A c/) 2 - 8 � a2 �8'S� YSS- 4S/S 'OR COUNCIL METING 06 !!(OFFICE 9 January, 2006 �NN°CITY CLERK Dear Councilpeople, As long time residents of Huntington Beach, we strongly believe that you should approve the desalinization plant. Environmentally the cost of add to the existing infrastructure is much less than creating all of it from scratch. Adding it to the existing infastructure also gives better chance of financial success. Why are these considerations important? Because southern California is loosing water as other areas, communities and states, get more and more of the excess we have been using. I personally would prefer that our population stop growing, but that is not going to happen any time soon. At some point conservation will become rationing unless alternative resources are developed. As the group allude, desalinization should not replace conservation AND (not just or) reclamation and reuse of water. All of those will eventually come into use throughout southern California when they are economically competitive or the political pressure gets high enough. If desalinization can compete, why should the citizens of Huntington Beach choose to deny that choice and then pay more to reclaim and reuse water? No reason I feel good about. Is this project stopping any conservation or reclamation and reuse of water? NO. Is this project reducing the City's existing income? NO. Is this project requiring the residents of Huntington Beach to change any part of their life? NO. Water generated for the region, even if not sold to Huntington Beach, affects the price and availability of the water we do buy. Ground (well) water has a cost as well - it comes from the in empire and as others "upstream" claim more, the cost for us will start rising. For Huntington Beach, this is especially important because as the ground water level drops, more and more ocean water mixes in. Over Property values! In this case, they are not worried about loosing property value. That will easily stay ahead of inflationl. No, these citizens are worried about property values as investors, not residents. They will only"cash-in" on that value by selling out. Their commitment seems to be to force others to pay for the improvement of their property values. That is greed and simply is not right. Some people complain about the appearance of the new facility. Like people that buy a home under an airport flight path and then want the airport shutdown, these people must have been deaf, dumb, and blind when they arrived here. There is an old power plant there. (And yes, it could be rebuilt to be a "nicer neighbor", but 1 have not heard about southeast Huntington Beach residents trying to buy it and do that. Perhaps then it would be a money looser. Instead, they want to force the City to force the owner to tear it down and rebuild it here or somewhere else. These residents are not willing to put up their own money to improve their own property values. Gosh, if the City would force my neighbors to convert their property into a park, my property value would go up, probably enough to replace the lost tax revenue! And the US Supreme Court says that would be legal. (Council members, forget that part.) The important question is would it be right? I don't think so!) It seems to boil down to a choice between letting a private company invest (risk) private money on a private project vs. some greedy residents trying to increase their personal wealth on the backs of the rest of us. -Mike and Sharon Talbutt - Proud beach cit residents for over 30 years! RECETvE' "A NCIL MEETING AS PLIP +( 'RECORD OF tXY CLE FILE MEMORANDUM ;CAN L.FLYNN,CITY CLERK TO: Mayor Dave Sullivan, Mayor Pro Tem Gil Coerper, Council Members Keith Bohr, Debbie Cook, Cathy Green, Don Hansen and Jill Hardy. FROM: Joseph Mastropaolo SUBJECT: The Poseidon Des i.nation Project will ruin Huntington Beach. DATE: January 9, 2006 Mr. Mayor, Ladies and Gentlemen of the City Council: My name is Joseph Mastropaolo. I have been a resident of Huntington Beach for 40 years. The supposed benefit of the Poseidon Desalination Project is to produce more fresh water to support an increased population for Huntington Beach. This is to let you know that it will do the opposite. Poseidon will decrease this city's desirability for residents, industry, and tourists. Desalination requires pumping and treating several times the 50 MGD from the ocean in front of the electric plant. That pumped water will be increased in temperature, salinity, and pollutants from the reversed osmosis. Life in that water will be reduced to nearly zero. The studies, an inch thick of paper, find nothing wrong in any of this. Yet, a properly educated 6th-grade student would tell you that it is a formula for emptying the beach, the pier and the downtown. Bathers, surfers, tourists, and probably industry will go elsewhere. The question before us is why? Why will the quality of our ocean degrade? Why will visibility decline? Why may it develop a stink? Why may fish die and add to the stink? Why won't the dolphins swim in our surf anymore? Why? The Poseidon Plant would not change the pumped water that much, or would it? The answer is that pumping those millions of gallons will kill the life forms that purify the ocean for two square miles or more from the plant. The killing will go on 24 hours a day, 365 days each year, by the billions of gallons. What is the proof? Take an aquarium, fill it with salt water down by the pier, stock it with some sand crabs and sardines. In a few days, they die. Do it again with circulated water. They die again. Add a charcoal filter. They survive. Do it again with a reef rock and they survive again. Was it the charcoal? No. Was it the inert rock? No. It was the life forms that took up residence in the charcoal or on the rock. The ocean stays pure when we do not kill the purifying organisms, when we do not throw out of balance those anonymous, living checks and balances for the ocean found only in the ocean. Build the Poseidon Project and you may have plenty of fresh water, but a smelly ocean that may drive away the people you want to attract. Only once in the last 40 years were we asked to conserve water. Then, we were asked not to conserve because the water companies were losing too much revenue. We need an aided ocean, not a degrade one. I urge a NO vote. Joseph Mastropaolo, Ph.D. 16291 Magellan Lane Huntington Beach, CA 92647-3524 Voice and Fax (714) 843-6387 email:mastropaolo@surfside.net http://www.csulb.edu/—jmastrop { HB Water Treatment Facility Huntington Beach City Council 01/09/06 Robert W. Harrison,PE President Cones Svsteins 714-968-1369 ConesScs.i socat.rr.com Water Treatment Facility • Personal Background — 36 year resident of Southeast Huntington Beach — 44 year Registered Control Systems Engineer — 16 year Cal State Fullerton Environmental and Control Systems Engineering Instructor — 6 year Bolsa Chica Water Quality Monitor and Analysis — Developed and Implemented Water and Waste Water Treatment Systems — Board Member—Amigos de Bolsa Chica and Bolsa Chica Conservancy — ISA(Instrumentation, Systems& Automation technical society) Technical Fellow — Retired Boeing/Rockwell Guidance, Navigation& Control Systems Engineer(Technical Fellow) �aoaatwxa.�a,zoos . RECEIVED FROM AS RECORD FOR COUNCIL MEETNrti OF .QY L L&r1 1 . a Eo 1 CITY CLERK OFFICE JOAN L FLYNN,CITY CLERK • HB water Treatment Facility,. • Ovelview — Safe, Drought Proof, Reliable Long Term Water Supply — Stable, Long Term Tax Revenues — Local Control — 3 MGD Supply to Huntington Beach @ 10%Below Current Imported Water Rates — Improve Local Economy — Improve Newland Street — No Risk to Huntington Beach — No Air, Water or Noise Pollution t�R�at iVilasr�oa 2aoG HB Water 'Treatment Facility • Facility Benefits — Ensure a Sufficient Supply of Safe Drinking Water • Under local control • Meet demands • Available during emergency-(right of"first refijsal'")or'%vater shortage • 3 MGD to Huntington Beach. 10%below imported water rates — Financial Incentives • $2M/N-ear in property tales • $50K/vear in utility tales — Reliable Source of 50MGD of Fresh Water • Hedge agauist drought or other disniptions to water sapply • $500K/year iti sales tales E, ,cR=�r�uzwc . 2 • HB Water Treatment achy • Facility Benefits — Construction Jobs • 675 direct high-wage taxpaying.jobs • 275 indirect.jobs — Operation Jobs . 18 fiill-time jobs • 322 indirect jobs ,r•xokatw Harisa:oo� . . H�3 Water Treatment acuity • Facility Benefits — Visual Improvements to Newland Street at PCH • Remove old oil storage tanks • Improved city-approved landscaping • No cost to taxpayers m Before After ?Robnt Nl7zi'�xa•S60fi . . 3 Water Treatment T`acity • Orange County Water District Project — OCWD Has Plans to Build Similar Facility — Tax Payer Funded — Public Bears All Risks — No Tax Revenues — No Improvements to Community — No Local Control ^'RobMlYHarupt 20U6 111-1-D Water 'Treatment Facilt • Poseidon Project — Poseidon Bears All Risks — No Public Funds Long Term, Stable Tax Revenues — Community Improvements — Local Control ?'Robai R?xsnesxt ZOU6: . . 4 _ t JAN D. VANDERSLOOT M.D. Diplomate,American Board of Dermatology 8101 Newman, Suite C Huntington Beach, Calif. 92647 Poseidon AES Urban Runoff Connection From Page 52 of 190 of the CUP Staff Report(page 15 of 48 of the TOTALCOIIrORMSAT HWMSI R—peMPRrloawR • Statement of Facts and Findings and Overriding Considerations): "Storm runoff from the HBGS site and...off-site runoff is currently An-21,804 discharged to the cooling water system upstream of the intake to the W-24.1ss desalination facility.The applicant would coordinate with HBGS to Avg ,""n 1.763 reroute these discharges during construction of the desalination "Aa�2a 1B2 facility so they would be downstream of the desalination intake and not affect water quality at the desalination intake.The off-site urban runoff is from approximately 70 acres of land near HBGS.Dry weather runoff collects in a ditch alongside Newland Street and is W TM Dk"°" currently pumped into the HBGS outfall pipeline.The City of oRnan `321 Huntington Beach plans to modify the system so that it flows into the Aq 1T M �, HBGS site by grawty when improvements are made to Newland ""� Street as part of the conditions placed upon the project by the City of Huntington Beach....." Current Patterns Inferred From Dye Dispersion ,oean...«wae,x«w m««nwe«oil-win.•m-•.same®mwwnv.own..em.« Image 211-820/2002 1610 PDT laao � io 1 S 1 01 zeo eoo eao eoo rood ,zoo r.ao lean reao z000 OwMe peen Cwrmb-► RECEIVED FROM AS PUBLIC RECOR OF OUNCIL MEETING CITY CLEAK IOFF1110E JOAN Le FLYW CITY CLERK 1 sF. .+ 0CE'AN W GOHTACT .�. �s., r. CA55 BACTERt EIVErLS-,EXCEED } r. t a #E HEAL STANDARDS s } fit 1 1 EL CONFACTO CON AQUA' EL OCEANO ti' ucao - j PUEDE CAUSAR ENFERMEDADES LOSNIVELEE'BACTERIASEXCEDEN LOS DARES OESALUD Recommendation • Require AES Runoff to be diverted to the Orange County Sanitation District for treatment. If it's not good enough for the Poseidon intake, it's not good enough for the ocean and beaches. 2 Page 1 of 2 Subj: Poseidon CUP Hearing Agenda Item D-1 Date: 1/9/2006 9:50:58 AM Pacific Standard Time From: Jon V3 To: duty ,co unc lesurfc hb orq,hbciac'c'hotin l.com. DSULLIV�i�I�"7a socal.rr.com, Hbmissjail, g{coerp1 ggte.net, reen(d)surfcit -.hb.org, 9coerperaC-surfcit t b_p ,jha_ rdy a surfcitT-g, dsullivan_ surfcity-hb c rg, PPc Teen,dhans_en c s rrtcity-hb.org, kboh_rCsurfcity-hb_grq jfiynn@surfdty-hb.org January 9,2006, Dear Mayor Sullivan and City Council Members, I have recently spoken at a City Council meeting advising you that the plan for the Poseidon desalination plant provides for a relocation of the connection point for urban runoff from within and adjacent to the AES HBGS plant to connect downstream towards the ocean discharge pipe from the desalination plant intake connection with the AES cooling water. This point is found on page 52 of 190 of the CUP staff report,which is page 15 of 48 of the Statement of Facts and Findings and Overriding Considerations. I have copied a quote from the relevant paragraph below. What this should tell you is that untreated urban runoff from within the AES HBGS plant, and approximately 70 acres of nearby land along Newland Street,is being discharged directly into the ocean via the AES outfall pipe. This urban runoff may contain over 24,000 MPN fecal bacteria as indicated in the California Energy Commission Surfzone Water Quality report of AES in 2003.The Energy Commission report also found that dye injected into the discharge vault comes back to shore within an hour,potentially bringing the fecal bacteria back to shore and contributing to the beach bacteria problems. Poseidon does not want this contaminated runoff to get into its intake pipe,therefore the connection between the AES urban runoff and the ocean discharge pipe is being altered to occur downstream towards the ocean from the Poseidon connection to AES. Apparently it is OK to discharge the contaminated runoff to the ocean, but not OK to discharge it into the Poseidon plant. Moreover, because Poseidon will remove 50 mgd from the water stream,the bacteria in the contaminated runoff will be concentrated from the current condition and therefore more concentrated as it reaches the ocean and comes back to the beach. Therefore,you should not agree to this facet of the desalination plan. Instead, you should require the AES runoff to go directly to OCSD,just like the other dry weather diversions of urban runoff.The AES runoff should not be allowed to enter the discharge pipe into the ocean. Heal The Bay has issued a report card where the beach at the mouth of the Santa Ana River merits an "A",while the Magnolia Beach gets an "F".This would indicate that the Santa Ana River is not the culprit for beach contamination, but the AES plant may very well be, given its location at Magnolia and the bacterial contamination found within the discharge vault of the AES plant. A quote from the relevant paragraph from the staff report is below. You can read it at higher magnification by right-clicking it and editing it. I will also be talking about and showing this with a Power Point Presentation at the meeting. I suggest that this is a significant issue and should not be allowed to pass as is. Thank you for considering this matter.The Poseidon plant should not be approved until all details are thoroughly investigated and pinned down.This is one detail among others that has escaped satisfactory resolution. Health of the beach and the ocean should be paramount, given the importance of the beach to the Huntington Beach economy and quality of life. Sincerely, Jan D.Vandersloot, MD Monday, January 09, 2006 America Online: Jon V3 Page 2 of 2 8101 Newman, Suite C Huntington Beach, CA 92647 From Page 52 of 190 of the CUP Staff Report(page 15 of 48 of the Statement of Facts and Findings and Overriding Considerations): "Storm runoff from the HBGS site and ... off-site runoff is currently discharged to the cooling water system upstream of the intake to the desalination facility. The applicant would coordinate with HBGS to reroute these discharges during construction of the desalination facifity so they would be downstream of the desalination intake and not affect water quality at the desalination intake.The off-site urban runoff is from approximately 70 acres of land near HBGS. Dry weather runoff collects in a ditch alongside Newland Street and is currently pumped into the HBGS outfall pipeline.The City of Huntington Beach plans to modify the system so that it flows into the HBGS site by gravity when improvements are made to Newland Street as part of the conditions placed upon the project by the City of Huntington Beach....." Monday, January 09, 2006 America Online: Jon V3 r � f { i z i s a . 4 �f g e 1 OL k4 k, �i t r w .;Of jmL cr�k s# ;gyp ra Y, , f V� 1 . x O a . a t �a 0110910E MUN 11:41 YAX 55Z4UUG4U3 YUMIDUN XhbUUXUhb ter uuz P O S E I D O N R E S O U R C E S It R E CE I'�,' 2006 JAN -9 PH 12: 4 c 1.f 1€' 1%UilT1 GTGi Zi',w January 9, 2006 Mayor Sullivan and Councilmembers City of Huntington Beach 2000 Main Street, 4'Floor Huntington Beach, CA 92648 Re: Poseidon Resources Corporation Agreement to Extension Government Code Section 65950 Time Limits Dear Mayor Sullivan and Councilmembers: This is to confirm that Poseidon Resources Corporation("Poseidon"),pursuant to Government Code section 65957, agrees to a 90-day extension of the current Permit Streamlining Act("PSA") deadline set forth in Government Code section 65950(a)(1), for approvaldisapproval or disc roval of Conditional Use Permit(CUP)No. 02-04 and Coastal Development Permit(CDP)02-05. The current PSA deadline is 180 days from the date of certification of the Poseidon Recirculated Environmental Impact Report, or March 5, 2006. It is our understanding that upon written agreement of the City,this will provide a new PSA deadline date of June 3, 2006. Sincerely, Billy Owens cc: John P. Erskine Poseidon Resources Corporation 3760 Kilroy Airport Way,Suite 260,Long Beach,CA 90806,USA 562-490-2003 Fax:562-490-2403 258091 1 Executive Office:1055 Washington Boulevard,Stamford,CT 06901 2 Faundation�Surfrider January 9, 2006 TO: Huntington Beach City Council (Via e-mail) RE: Poseidon Desalination CDP No. 02-05 (Seawater Desalination Project) Dear Huntington Beach City Council: We are writing on behalf of the Surfrider Foundation and our more than 50,000 members. Surfrider Foundation is an environmental organization dedicated to the restoration and protection of our coasts and oceans. We want to thank the City Council for your consideration of the following comments. We continue to believe the FREIR for this project is woefully inadequate and that recent revelations about the design and potential operation of this facility raise significant environmental concerns that have yet to be fully analyzed. Nonetheless, even assuming the FREIR is adequate, for the sake of analyzing the Coastal Development Permit(CDP),the project's identified impacts violate the City's Local Coastal Program(LCP). A non-exhaustive list of concerns include: 1)the policies adopted in the LCP clearly identify preferred alternatives for meeting the freshwater demands of the area, and this project is inconsistent with those delineated policies. Furthermore, as noted in numerous comments on the FREIR, this project is inconsistent with the regional Urban Water Management Plan produced by the Municipal Water District of Orange County—which identifies a freshwater supply portfolio that is consistent with the Huntington Beach LCP policies. 2)New information suggests that the FREIR did not fully disclose the design of the project proposal and consequently omitted components that will exacerbate existing impacts on marine life and associated marine ecosystems. Furthermore, even using the impacts documented in the FREIR,the CDP fails to recognize the different standards for analysis between CEQA requirements and the policies of the LCP. Finally, full disclosure would include an analysis of the desalination project as a"stand alone"facility. These broad points are outlined in greater detail below. Once again,thank you for your consideration of these comments. We look forward to a thorough response. Sincerely, Joe Geever Southern California Regional Manager Surfrider Foundation 8117 W Manchester Ave #297 Playa del Rey, CA 90293 NATIONAL OFFICE—PO BOX 6010—SAN CLEMENTE,CA 92674-6010 (949)492-8170—FAX(949)492-8142—www.surfrider.org-E-MAIL info@surfridenorg / _--d 1 9 (0 f C'6M/"U ,_�/ op -re ANALYSIS of POSEIDON CDP & LCP CONSISTENCY 1) "Alternatives" Analysis and LCP Consistency As we have noted numerous times in previous comments on the environmental analysis of this proposed project, there are several alternatives for meeting the future demand for freshwater in the region. Briefly re-stated,the need for this project can be met through greater efforts at water conservation,wastewater reclamation, and stormwater management. In fact,the regional water purveyor, the Municipal Water District of Orange County (MWDOC),has also identified these alternative sources of freshwater in their recently published Urban Water Management Plan. MWDOC has concluded that future demand for freshwater can be met through these alternative sources. Importantly, these alternatives also have associated environmental benefits, including reduced urban runoff from irrigation conservation and stormwater retention, and reduced ocean discharges from expanded wastewater reclamation. The "Request for City Council Action" (dated January 9, 2006)recommending approval of the Coastal Development Permit(CDP) cites the consistency of the proposed facility with Section C 6.1.13 ["Encourage research and feasibility studies regarding ocean water desalination as an alternative source of potable water. Participate in regional studies and efforts where appropriate."] There is no other reference to LCP policies on alternative sources of potable water cited in the Request for City Council Action. LCP Section C 6.1.13 The Request for City Council Action(hereinafter"Request") seems to imply that the proposed desalination production facility is consistent with the LCP policy encouraging research and feasibility studies: "By building the facility and locating it in Huntington Beach,the facility will demonstrate the opportunities offered by desalination, and will offer cities, counties, and the State of California a tangible example of how desalination can become more widely accepted throughout the State and the nation, and will encourage additional research and feasibility studies regarding ocean desalination as an alternative source of potable water." See: Request Attachment 1.6. In effect,the "Request"has characterized a production facility as somehow participating in and/or encouraging research and feasibility studies. This bold assertion is not substantiated in any way and is, on its face, counter-intuitive. Research and feasibility studies are already being conducted in other locations around the State of California. It is unclear how the construction of a production facility, prior to the conclusion of on-going research and feasibility studies, is "participating" in these regional studies. Furthermore, it is unclear how the construction of a full-blown production facility encourages "research and feasibility studies." Common sense and a reasonable interpretation of the City's LCP would conclude that research and feasibility studies be conducted prior to 2 the development of production facilities. Therefore, the implicit conclusion that this project proposal is consistent with the policy contained in the City's LCP § C 6.1.13 is flawed. LCP Sections C 6.1.12, C 6.1.14, C 6.1.18(c) Maybe more importantly,the analysis of sub-Section C 6.1.13 in the Request for City Council Action is taken out of the context of other relevant policies contained in that Section. A more comprehensive review of the City's LCP indicates a broader policy of encouraging implementation of alternative sources of freshwater supplies—as opposed to the policy to study ocean water desalination. For example: LCP § C 6.1.12 encourages water conservation implementation I; LCP § C 6.1.14 encourages implementing wastewater reclamation projects 2; and LCP § C 6.1.18(c) encourages flood control projects that provide percolation to existing groundwater supplies3. As noted in our comments on previous iterations of the EIR and REIR,the environmental benefits of these alternative sources of freshwater supplies were not thoroughly considered. This absence of any analysis in the environmental documents, combined with the limited citation of LCP policies in the Request for City Council Action, has precluded a thorough review of critical issues surrounding the approval of a Coastal Development Permit. Therefore,the Request for City Council Action is arguably incomplete and misleading, and approval of the CDP would violate the comprehensive policies referenced above and codified in the City's LCP. 2) Entrainment/Impingement and LCP Mitigation Policy There are several issues raised in the administrative record on this project that are relevant to the issuance of a Coastal Development Permit. - First,the Request for City Council Action confuses legal standards in the California Environmental Quality Act(CEQA) with the clear policy of the City's own Local Coastal Program. - Second, the Request for City Council Action concludes that the withdrawal of ocean water for the desalination facility is not regulated by the Clean Water Act § 316(b). That is exactly the reason why the proposed project needs to be analyzed as a"stand alone"project before any permits are issued. - Finally, it has come to our attention that the Project Proponent has a patent for an intake method to mix the hot water from the generator's discharge with cooler water 'Coastal Element, §C 6.1.12:Periodically review the City's policies on water conservation,including the Water Conservation Ordinance,to ensure the use of state of the art conservation measures for new development and redevelopment,and retrofitting of existing development,where feasible and appropriate, to implement these measures. (emphasis added) 2 Coastal Element, §C 6.1.14:Encourage water reclamation projects,including household wastewater reclamation,and the use of reclaimed water for purposes such as irrigation,where feasible and appropriate. (emphasis added) 3 Coastal Element§ C 6.1.18(c):New flood control projects and substantial reconstruction of existing flood control facilities shall,to the extent feasible: ... [c)] Slow water to encourage percolation through the use of off-line detention basins or other similar structures....(emphasis added) 3 that by-passes the generator(see additional discussion below). Because this method apparently improves the overall energy efficiency of the desalination process,the Project Proponent will likely implement this newly patented process at the Huntington Beach facility. Therefore,the additional marine life mortality from the by-passed portion of the desalination "feed water" should be analyzed both in a newly recirculated EIR, as well as reviewed for consistency with the LCP. Additionally,because CEQA § 15126.4 requires an analysis of feasible energy efficiency measures, a revised EIR must also review how this patented process would affect energy use of the proposed facility. LCP § C 6.1.19 versus CEQA Review The Request for City Council Action has confused the CEQA requirement to mitigate "significant" impacts to the environment with the stricter policy in the City's LCP to provide "maximum feasible mitigation measures to minimize damage to marine organisms...." The City's LCP states: "Prior to the approval of any new or expanded seawater pumping facilities, require the provision of maximum feasible mitigation measures to minimize damage to marine organisms due to entrainment in accordance with State and Federal law." See: LCP § C 6.1.19. The proposed project is a new facility in that it is taking seawater and pumping it through pre-filtration and reverse osmosis filter trains over and above the existing uses of seawater for cooling the Huntington Beach Generating Station. Importantly,the City's LCP policy does not require a finding of"significant" impacts to trigger the mitigation measures. In contrast to CEQA,the City's policy requires maximum feasible mitigation measures to minimize damage to marine organisms due to entrainment— regardless of whether that entrainment mortality is considered"significant." In the "Statement of Facts and Findings"the City documents that: "The desalination project is estimated to increase mortality by 1.2 percent(from 94.1%to 95.3%) at flows of 507 MGD and by 4.6 percent (from 94.1%to 98.7%) at flows of 127 MGD." See: Finding for Impingement and Entrainment,page 17 of 48. The "Statement of Facts and Findings"goes on to conclude that this mortality attributable to the desalination facility is "insignificant." Id. The reasoning employed in the"Statement of Facts and Findings"has applied the wrong standard. There is nothing in the City's LCP that requires a finding of"significant"impacts before triggering the requirement to provide maximum feasible mitigation measures. Therefore,the CDP should be denied until the project proponent identifies and provides maximum feasible mitigation measures for, at the very least, the damage to marine organisms admittedly attributable to the project. Further,the additional water that would be used due to the patented process described below may, in fact,increase entrainment impacts to levels that would be considered "significant" under CEQA; however this has not yet been addressed in the EIR. 4 Clean Water Act § 316(b) and the California Coastal Act The City has mischaracterized recently adopted regulations on cooling water intakes under the authority of the federal Clean Water Act § 316(b) and has not thoroughly analyzed the implication of these regulations to the co-location of the proposed desalination facility. The "Statement of Facts and Findings" argues that, "[T]he proposed desalination facility would not result in significant entrainment impacts even upon implementation of the new U.S Environmental Protection Agency (EPA) 316(b) final rule (which mandates a reduction in entrainment by 60 to 90 percent....)." See: Statement of Facts and Findings,page 17 of 48. The City then goes on to imply that"[i]mplementation of an improved intake screening system,velocity reduction, or other EPA approved method"would bring the HBGS into compliance with those regulations without having any implications on the co-location of the desalination facility. Id. First,the City's analysis has not fully documented the recommendations for reducing entrainment contained in the final rule on 316(b). The limited choice of"improved intake screening" and/or"velocity reduction"are, in fact, methods to reduce impingement, not entrainment, and have little to do with meeting the rule's"performance standard"of reducing entrainment by 90%. Furthermore, HBGS has not been granted a permit under the new rule. It is foreseeable that, within the realm of alternatives for meeting the new performance standards in the 316(b) regulations, HBGS will have to dramatically reduce the volume of its current cooling water intake. Obviously, this reduction of volume will have a direct implication on the operation of the desalination facility, as well as the marine life mortality that is attributable to the desalination operations. In the "Request for City Council Action"the City goes on to argue that"withdrawal of feedwater for desalination is from the HBGS cooling water discharge and not subject to intake regulation under the Federal Clean Water Act (316b)." See: Request for City Council Action,Attachment 1.5. This reasoning is precisely why it is critical for the City to consider the operation of the desalination facility as a"stand alone"plant. Should HBGS reduce the volume of cooling water intake by 90%to meet the requirements of the new 316(b) regulations, the result would be the elimination of the required 100 MGD for the co-located desalination facility. Furthermore, if the City's interpretation of the Clean Water Act is correct, any additional withdrawal of seawater to feed the desalination facility would not be regulated by Section 316(b). Nonetheless,the additional withdrawal of seawater for the desalination facility would be regulated by the City's policy on new or expanded seawater pumping facilities. See: LCP § C 6.1.19. Given that the future of the existing cooling water intake system at HBGS is speculative, and it is reasonably foreseeable that there will be dramatic reductions in the volume of cooling water from HBGS available as feedwater for the proposed project, the CDP must"require the provision of maximum feasible mitigation 5 measures to minimize damage to marine organisms due to entrainment" prior to approving a Coastal Development Permit. See: LCP § C 6.1.19. Substantial New Information on Feedwater Intake There is new available information on"feedwater"methods of operation that is relevant to the review of this proposed project and is not contained in the administrative record. This new information is relevant both to the previous certification of the REIR and to the applicable policies in the City's LCP. We have recently become aware that Poseidon has a patented process to improve efficiencies by mixing the hot water from the generator's cooling system discharge with colder water that is diverted around the coastal generator. See: http:// ap tft.uspto.gov/netacgi/nph- Parser?Sectl=PTO2&Sect2=HITOFF&p=1&u=/netahtml/search- bool.html&r=1&f=G&1=50&co 1=AND&d=ptxt&sl=Poseidon.ASNM.&OS=AN/Poseid on&RS=AN/Poseidon If this is the method Poseidon plans to employ, it raises new and significant issues regarding marine life impacts that were not discussed in the FREIR. For example, the marine life mortality attributable to the water being diverted around the generator's cooling system and mixed with the desalination facility's"feed water" is above and beyond the mortality identified in the FREIR. To be clear, if Poseidon plans to employ their patented method for increasing plant efficiencies,the FREIR is fatally flawed and once again needs to be revised and re-circulated. We request the City fully explore this question and determine whether or not Poseidon intends to utilize the methods identified in their patented process either now or in the future. Furthermore, should Poseidon plan to employ its patented method for feedwater intakes,the policies contained in the City's LCP § C 6.1.19 are applicable to the increased seawater intake that would not be used for cooling water at HBGS. 3) Conclusion In conclusion, we want to emphasize that the inadequacies identified in the REIR by numerous organizations and agencies, including California Coastal Commission staff, have precluded a thorough consideration of the policies contained in the City of Huntington Beach Local Coastal Program. Given the now apparent need for further evaluation of this project before approving a Coastal Development Permit(CDP), we strongly urge the City of Huntington Beach to revise and recirculate the Environmental Impact Report. Alternatively, should the City choose to review the application for a CDP given the available information, we strongly urge the denial of that permit based on policies identified in the comments above. 6 Dapkus, Pat From: Tim Geddes [timgeddes@msn.com] Sent: Sunday, January 08, 2006 9:49 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Continuing the Poseidon Vote Tim Geddes 21802 Windsong Circle Huntington Beach, CA 92646 (714) 962-5924 timgeddes@msn.com City of Huntington Beach Dear Mayor Sullivan and Council Members, It is being widely reported that the HB City Attorney is recommending that the Poseidon CUP/OPA vote be continued from the January 9, 2006 meeting to a later date. There are too many unresolved issues and uncertainties to make a clear and reasoned decision based upon ALL of the facts. I agree with the City Attorney that this is the wisest and most responsible course of action to take. It makes no sense to do otherwise. I would request that an announcement be made by the mayor at the outset of the Council meeting that it will be entertaining this recommendation at the beginning of business following Public Comments. Hopefully, this will give notice to speakers on both sides that they may wish to defer their comments until the vote is rescheduled. Please remember that the City Council owes its allegiance to all of the residents of Huntington Beach and not to the supporters and opponents of this issue that crowd the Council chambers (and may be temporarily inconvenienced) or to the applicant and their consultants. It is critical that this issue is not"half baked" but "completely baked" for it to be considered for approval. Thank you for your attention to this necessary step. Sincerely, Tim Geddes ; 0 2006 J 1 -G rI l l: 14 �n ,ri W Cn TO s r' i 14 .... Nk 4 a ... COUNTY ` I�COASTK-LEPE EDUCATION/ADVOCACY/RESTORATION ENFORCEMENT 441 Old Newport Blvd.,Suite 103 Newport Beach,CA 92663 C:: -2006 949.723.5424 Voice gnuary� 949.675.7091 Fax www.coastkeeper.org Dave Sullivan, Mayor City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 Re: Poseidon application for desalination plant in Huntington Beach Dear Dave: On behalf of the Board of Directors of Orange County Coastkeeper I want to take this opportunity to convey the position of our organization regarding Poseidon's application for a desalination plant in Huntington Beach. Orange County Coastkeeper has been relatively quiet in the public debate but did submit comment letters to the EIR and revised EIR. This issue is complex with many public issue components and our position is almost equally complex. Thank you for the opportunity to submit our views and conclusions. Your consideration of them is most appreciated. Let me state in the beginning that we believe desalination will comprise up to 15-20 percent of our water supply in the next twenty-five years. As much as we support water conservation and want to reduce water consumption in landscape irrigation and other wasteful ways, conservation alone will not guarantee the necessary reductions in consumption to meet increasing water supply demands. As an organization we sponsor water conservation programs. Reclamation of waste water which is featured in the Ground Water Replenishment System is absolutely the appropriate course of action to replenish our underground aquifer ensuring a future stable water supply. A combination of desalinated water, water conservation and water recycling are all vital components of our future water supply—we will need all three. North and Central Orange County does not now or in the next 15-20 years have a water shortage. There is not a water supply crisis in Orange County. Further, Coastkeeper is in strong support of the Metropolitan Water District of Orange County's proposal to construct and test a 25 m.g.d. salt water beach well system in Dana Point. We find Poseidon's plan for desalination problematic primarily due to their plan for source water. Though the impingement and entrainment issues are owned by AES, Poseidon's plan aggravates an environmentally unacceptable condition. If Poseidon's plan for source water was drawn from salt water wells or the brackish brown water from the underground aquifer, in our opinion, it would be a superior plan. We understand this is not politically an avenue that is available to Poseidon. There are numerous public policy issues such as privatization of public water, growth inducement, oversight control of a private corporation acting as a utility, and discharge impacts to near-shore waters that we believe to be legitimate issues that require policies generated from science and the collective expertise of professionals in the fields. Like a three-legged stool, in order for Poseidon's desalination plant to become a reality it will require the support of three legs: the economics of water, the politics of water, and the entitlement of water. The current process with the City of Huntington Beach is only the beginning of one leg—the entitlement leg. The other two and equally important legs have not publicly weighed in on the Poseidon plan. It is our strong opinion that the Poseidon desalination plant as planned will never be built. Poseidon will not acquire the support required to build the plant based on the economics of both existing fresh water supplies and proposed desalinated water. Further, Poseidon will not have the necessary political support from the special districts that now control 100% of our water supply and who must voluntarily become Poseidon's customers. Therefore, as we believe the actual construction of a Poseidon desalination plant will not become a reality, it is our opinion that the results of the City Council's action January 9 h will in reality either terminate any further discussion of desalination in Huntington Beach, or promote further discussion by allowing the entitlement process to proceed. The City of Huntington Beach is only the first step of a very lengthy entitlement process that will require approximately 17 different permits or certifications, under the authority of approximately 13 different agencies. Unfortunately the State of California has not been proactive in establishing statewide policies on desalination. It will be through this entitlement process that agencies will be required to look at desalination and from which guidelines and policies will be developed. The public issues related to desalination described earlier in this letter are more appropriately publicly heard and policies developed at the California Coastal Commission rather than an individual City Council. In conclusion, Orange County Coastkeeper advocates desalination as a future water source along with reclamation of waste water and strong water conservation. We find Poseidon's current water source plan problematic and strongly feel there is better technology with less environmental impacts. It is our opinion that the desalination plant is not ultimately feasible and will not be built. The City Council action on January Yh will either terminate or allow the discussion of desalination to proceed through the very lengthy entitlement process that will most likely include third-party litigation. For the exclusive reason of developing statewide policy on desalination, Orange County Coastkeeper supports allowing the entitlement process to proceed. This project represents the very early stage of desalination for the State of California. We believe at this point in time, the process and statewide policy development is more important than any specific project as we feel desalination is unfeasible in the near future. It is Coastkeeper's goal to ensure there are adequate statewide policies in place guiding desalination development as the real need for desalination builds over the next two decades and the technology improves whereby environmental risks and impacts will not be a factor. A 6o"" n Executive Director cc. City Council members Formal Statement of Paul S. Cross Concerning Agenda Items D-1 and D-2 Set for Hearing and Decision Before the City Council-Redevelopment Agency of the City of Huntington Beach on January 9,2006. Recommendation is herein made that the City Council-Redevelopment Agency vote to deny Conditional Use Permit 02-04 and Coastal Development Permit 02-05 under Item D-1 and also vote to reject a proposed Agreement under Item D-2. 1�d X1, 6�w_ Submitted by Paul S. Cross on January 6,2006 Two Pages of Fact and Argument Attached N c-n . / 1 / Members of the city council my name is Paul Cross. You will decide whether our beach-front is a good location for heavy industry. Some say that a Poseidon desalinization plant connected to the AES power plant at Newland Street and P C H will be a scenic asset and also that the power plant, which uses natural gas and discharges carbon dioxide, is not going away. Proponents of Poseidon assert, therefore, that the water plant is a good deal for Huntington Beach and south county developers. However, their major premise is false. Circumstances have changed greatly during the past few years. Wind mills, solar panels, and metal solar facilities that produce electricity at competitive prices are being installed elsewhere. As well, new generators are being placed in existing atomic electric plants. At last, our urgent need for clean alternative energy sources is being addressed. Importantly, a huge prototype clean-coal plant that will sequester all carbon dioxide emissions underground is to be constructed. This plant and others like it will liquid uid p q hydrogen in addition to electricity, and the only other by-product will be water. Hence, we are on the path to energy independence and a corresponding reduction in the emission of carbon dioxide, a key global warming component. Simply stated, all levels of government recognize that trillions of dollars cannot be sent abroad, even while our coastal areas are flooded by category V hurricanes. s Therefore, those who believe in the permanence of the AES plant are wrong. We now know that natural gas electric plants are not a good fit for California and that more benign energy options increasingly are available. As to this abrupt turnaround, other electrical companies have seen the light. Duke Energy, a company much like AES is selling off its western operations. Further, Calpine, another natural gas reliant company, recently declared bankruptcy. Some also say that Poseidon can exist without the power plant, but why then did Poisiden come to Huntington Beach. What about the environmental assessment. Remember, Poseidon argues that because the power plant kills everything in the sea water passed on for desalinization there is no environmental problem. Clearly, Poseidon and the power plant are joined together as Siamese twins and will fight to keep each other alive. Millions of dollars are being spent on promotion of the joint project, even including free T-shirts, and this is merely Act I. Will there be an Act II, with a doubling of AES-Poseidon pipeline throughput. . Don't let this heavy promotion sway your vote. Instead, recognize that a de-industrialized ocean-front will pay multiple dividends with new residential housing, shops, restaurants, open space and improved property values. Vote no on more beach-side heavy industry. Vote no on Poseidon. Marinka Horack I 21742 Fairlane Circle J „ Huntington Beach, CA 92646 RECEIVED (714)964-8170 JAN 0 5 2006 January 4, 2005 Gi i hu9.i1�i ;fin Beach Mayor Dave Sullivan - �Council Office HB City Hall, 2000 Main Street Huntington Beach, CA 92648 RE: Vote "NO" on Poseidon. Poseidon failed in Tampa Bay. It's bad for Huntington Beach. Dear Mayor Sullivan: Enclosed is a copy of an aerial photo of the AES plant area of our city. It is shocking to see how industrialized the area is. Now Poseidon is trying to make it even more so. Protect the citizens of this city, especially the thousands of us who live so close to this ugliness. Vote NO on Poseidon. What's the rush? Is AES attempting to avoid modernizing its own plant, by allowing Poseidon to build behind AES? Instead of creating another industrial monster for the city by voting for Poseidon, the City Council should encourage AES to modernize its plant to current technical and clean air standards. This would truly make Huntington Beach a better place for its residents and for its tourism. It would help improve the beach which is our most important natural resource. Do not allow the special interests of private corporations push our city around. Be a champion for the people of Huntington Beach. Protect the rights of the people you represent. Thank you for your time and consideration. Thank you for your service to our city. Sincerely, Marinka Horack Z-1--, --7277— D�� ►• y7L y l . y �sS y '3 'n 1�• 7jy,. En � l cq peg � w £J>PY 4 $ x r � � 3 E 1 ;r` k � y A • K F aC1� 'C �K 4�.: �f y}hEE�S Y ✓py � :S��� �� � Y : �i °' ' �'X.;•.a '� � t R a ED JAN 0 6 2006 77 Z10- ................ ---------- City Clerk Intern From: Franz Berghammer[fberghammer@hotmail.com] Sent: Friday, January 06 2006 3:27 PM To: Aynn surfcity-hb.org Subject: Stop the poseiden project Irs. Please be adviced that I FRANZ BERGHAMMER Address 10041 Theseus Drive H.B.CA 92646 urge the H.B City Council to vote No No No for the Poseiden Project Regards Franz Berghammer s;_ Esparza, Patty From: Flynn, Joan Sent: Monday, January 09, 2006 9:15 AM To: Esparza, Patty Subject: Fw: Please read for Monday night -----Original Message----- From: Janice Campbell To: jflynn@surfcity-hb.org Sent: Mon Jan 09 09:14 :45 2006 Subject: Please read for Monday night Huntington Beach City Council members: Well tonight it is the night. My understanding is that you will vote on the Poseidon Desalinasation project this evening. The vote has been postponed before, and I recall reading somewhere that one of you stated that the longer you waited, the opposition would fade. The people opposing this project would move on to something else, and then you could pass it. Well, you are dead wrong. There are many that STRONGLY OPPOSE this project. With the tract record of Poseidon (or lack thereof) , the threats to the ocean and our quality of life in Huntington Beach, and the lack of long term benefit to our City, it is beyond me how this issue is still under consideration. The addition of a few trees at the site, is no reason to consider this further. I beg you to listen to your constituents who you supposedly represent and vote against this project that could destroy our most precious asset here in Huntington Beach, and compromise our quality of life here in Southeast Huntington Beach. I shutter to think that I voted for some of you in the past. Please vote against the Poseidon project. Jan Campbell 9422 Gateshead Drive Huntington Beach, Ca. 92646 1 C, N\0 � C�� �`� 0 } City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 11:04 AM To: City Clerk Intern Subject: Fw: Stop Poseidon -----Original Message----- From: Ron Kanemura To: jflynn@surfcity-hb.org Sent: Mon Jan 09 11:02 :58 2006 Subject: Stop Poseidon To Whom it may concern: I cannot attend council meeting Monday 1-9-2006. I would like my vote for the NO on Poseidon to be on record. Thank you Respectfully Barbara Kanemura 21901 Starfire Huntington Beach 92646 PH # 962-4974 Yahoo! Photos - Showcase holiday pictures in hardcover Photo Books. You design it and we'll bind it! i Page 1 of 1 Roberts, Robin From: Joe Geever Ogeever@surfrider.org] Sent: Monday, January 09, 2006 12:19 PM To: jsharpe@surfcity-hb.org; city.council@surfcity-hb.org Cc: jflynn@surfcity-hb.org; rroberts@surfcity-hb.org; Pat Dapkus; Cathy Fikes Subject: Written Comments on Coastal Development Permit 02-05 (Seawater Desalination Project) Importance: High Dear City Council Members, I am writing in regards to the upcoming decision on a Coastal Development Permit for the proposed desalination facility at Huntington Beach. Please find attached our written comments on the Request for City Council Action, Coastal Development Permit no. 02-05 (Seawater Desalination Project). Thank you very much for your consideration of the attached comments. Please feel free to contact me regarding this issue via reply e-mail or at the phone number and/or address below. Sincerely, Joe Geever Surfrider Foundation Southern California Regional Manager 8117 W. Manchester Ave#297 Playa del Rey, CA 90293 (310)410-2890 Please help restore and protect our coast and ocean by becoming a Surfrider Foundation member at. www.surfrider.org/ooin t tot r&ty\�k t'J"C P.�h 1/9/2006 CaQPus�� JAN-09-2006 11:03 CITY OF HUNTINGTON BEACH 714 536 5233 P.01/01 Shawn Macha 9662 Hightide Drive Huntington Beach, CA 92646 January 5, 2006 Mayor Jill Hardy ` E E Huntington Beach City Council P.D. Box 190 JAN 9006 n Beach CA 92648 'U' Of y Huntington � unrtngton 8eaci•, 104 Council Office Re: Poseidon Plant Dear Mayor Hardy: i am unfortunately not able to attend the special City council Meeting we ]an. 9�' so I am writing to express my Poseidonviews on the r water I do not feel at this time that the do need to find alternative sources f Poseidon plant in Huntington Beach is the right answer at this time. I am opposed to the Poseidon plant for the following reasons: Where is a significant environmental impact to the marsh, ocean and air in this area that could outweigh the benefits if the plant functions properly. The Southeast H.B. neighborhoods have enough industry in the area already with the sanitation plant, AES and clean up of the Ascon NESI site and future development there. Many nights I am woken up already with steam being blown off by these industries and very loud noises from their 24 hr. a day operations. • The Southeast H.B. ocean already has dumping from AES, the sanitation plant and also the Santa Ana River and we have significantly higher ocean pollution ratings In this area. • There is too much construction and industrialization already for these quiet neighborhoods with the expansion of the sanitation plant, the still ongoing sewer projects and there is still the potential for a Banning bridge. • Poseidon does not have a proven track record with a desalination plant. Poseidon's Tampa plant was not successful and H.B. would be a guinea pig for their efforts to create another plant. Thank you very much for taking this letter into consideration and I urge you to take steps to protect our neighborhoods from the Poseidon plant. c5�a ¢'Y'L U)• Ma jlo,- Shawn W. Macha Caipo sc ✓� _ 9 _V to L-00 � TOTAL P.01 MM U.�J�cA� • HUNTINGTON BEACH TOMORROW P.O. BOX 865, HUNTINGTON BEACH, CA 92648 "Making a difference today for Huntington Beach tomorrow" PHONE: (71 4) 840-401 5 E-MAIL: 1NF0@HBTOMORROW.ORG www.hbtomorrow.org January 9, 2006 Councilman Gil Coerper 2000 Main Street Huntington Beach, California 92648 Subject: Poseidon Conditional Use Permit Application BAN a 9 2006 Dear Councilman Coer er. '1ty v#Huntington�08C p �'�CaunC1!CJifi��? The battle for Poseidon is almost over. Today, you will help decide the fate of one of the most controversial projects in many years. I'm sure you, along with your fellow council members, have thought long and hard about what the right course of action should be. But after all the rhetoric and discussion is done, there is really only one question that matters. Is Huntington Beach better off with Poseidon or not? Huntington Beach Tomorrow believes it is not. Many questions have been raised about potential damage to the environment, Poseidon's operational problems in Tampa, and the Water District's statements that they are not interested in Poseidon's water. These are all serious questions to consider. But again, the .only question that .matters is whether Huntington Beach is better off with Poseidon or not. If Huntington Beach is truly coming of age as a tourist destination, can Poseidon, and the potential risks it creates, be mitigated simply by the additional tax revenue it could potentially generate. HBT believes it cannot. We believe Poseidon does not offer a sustainable tax source since it's existence cannot be ensured and it's process cannot -be proven safe or reliable at this scale. The negative impact on Huntington Beach's image (tamished already by indiscretions of past council members)and potential disastrous affect to tourism is too great a risk to consider. Please vote against approval Poseidon's Conditional Use Permit. Don't let Poseidon be your legacy. Very Truly Yours, HUN ON B H TOMORROW David G President Page 1 of 1 Dapkus, Pat From: Geoff Rudy [geoff@geoffrudy.com] Sent: Monday, January 09, 2006 10:53 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: NO TO POSEIDON Importance: High To the HB City Council, PLEASE, PLEASE, PLEASE vote against allowing Poseidon to proceed with the desalination project&associated plant. I am a Southeast HB resident(Newport West tract at Banning & Magnolia). My wife, children and every neighbor I've spoke with (which is many) is vehemently against the desalination project. We are against it because: • Huntington Beach is becoming a tourist and shopping destination. Further industrialization, especially along our coast, detracts from the beauty and image of our city. • This is a major project and is not popular among residents. • It leaves a heavy footprint on the environment. • Desalination technology has not matured and the proposed plant could outdate itself. • Huntington Beach is not currently in a water crisis. We do not need to be the city to provide water to our neighboring cities. We now have the time to allow the technology to develop and the need to increase. • If the city focuses on tourism and increased shopping choices for our residents then the city will enjoy increased tax revenue without more industry. • The environmental impact is not agreed upon. Please at least vote against the project for now. You can always look at it again in future years. Thank you. Geoff Rudy 9361 Tahiti Circle Huntington Beach 92646 1 �—, 1 '-9—a1p LA-M wnnMuN CA�O 1/9/2006 v PpdS `I� Page 1 of 1 Dapkus, Pat From: Ricbutton@aol.com Sent: Monday, January 09, 2006 10:34 AM To: city.council@surfcity-hb.org. Cc: Pat Dapkus; Cathy Fikes Subject: POSEIDON DESALINATION PLANT Please vote NO on the use permit for the Poseidon desalination plant. thank you, Ric Button 8642 Hatteras Dr. Huntington Beach, 92646 — pl� — 0 to LpeTiZ' 1/9/2006 Page 1 of 1 Dapkus, Pat From: mhyams@socal.rr.com Sent: Friday, January 06, 2006 9:14 AM To: pdapkus@surfcity-hb.org Subject: Poseidon letter Dear Members of City Council, Please vote NO on the Poseidon plant. As a thirty six year resident of southeast HB who attended local schools and is raising his family here, I oppose the over industrialization and destruction of our residential life quality that is the result of building yet another huge plant on our coastline. Contrary to a Council member's almost unbelievable recent assertion that there are only 12-15 people vocally opposed to Poseidon, I know most of the people in my neighborhood of Meredith Gardens oppose the plant, as do most of the other city residents I know. The plant will not improve the appearance of the area. Building it will just be evidence that we have decided to abandon the Southeast Huntington coastline to industrial use. This is a abominable use of the precious and rare Orange county coastline. We already have the OC sanitation plant and AES -we do not need to add Poseidon and forever destroy the beauty of the area. If the area is degraded and needs improvement, it should be cleaned up. We should not add to the industrial blight. The plant does not reduce costs for our residents. The water is expensive, and not intended to be consumed by HB residents. There are no current customers for the water. Transport to potential customers requires us to bear the burden of torn up streets- again. Yopu have made other parts of HB much more attractive than when I was a child growing up here. However, I remember southeast HB when there were many fewer tracts, and much more open space. Our neighborhoods are now older, and the school district is trying to sell off the little open space we have left. Please do not contribute to the further degradation of our neighborhoods and lifestyle. Please vote NO on Poseidon. Sincerely, Michael Hyams 10222 Stonybrook Dr. Huntington Beach, CA 92646 714-964-9608 1/9/2006 — ` 1—l —O to " V�,1 rnMM.�►.��cA �� �.pOSc Page 1 of 2 Dapkus, Pat From: Mary Baretich [mjbaretich@hotmail.com] Sent: Monday, January 09, 2006 10:24 AM To: city.council; Debbie Cook; Gil Coerper; DSULLIVAN; dhansen; Jill Hardy; cgreen; kbohr; Scott Hess Cc: Pat Dapkus; Cathy Fikes Subject: SOUTHEAST HUNTINGTON BEACH Dear Council Members, Please vote NO on the Poseidon CUP/CDP. The following e-mail expresses my opinions, too. Thank you, Mary Jo Baretich mjbaretich@lhotmail.com If you have not taken time to send an email to the council please do so. Here is an example of the most recent one that I have seen.. Each day this is looking more and more like what we are seeing happening in Washington. Respectfully, John F. Scott Dear Council Members, I have lived in South HB for just short of 10 years now. My children were babies when we moved here and we feel so blessed to live in such a quiet section of Huntington Beach. Within the 10-years'time that we have lived here, I have already seen a noticeable increase in the less-than-pleasant odors coming from OCSD, I have watched our AES plant double in size and churn and burn through an "energy crisis" in California; and now I have the out-of-my-head worry about what the clean up at the dump site is doing to the air that my family and I breathe every day...and will we wake up with cancer one day 20 years from now. What are my options? Move?!! I don't know how anyone can afford the property taxes with that result. So, I sit here in my quiet neighborhood, with neighbors I love (how many people can say that?), watching my kids grow, getting involved in the community and the schools and working three jobs to make ends meet. I am writing you today to implore you to vote against building the Poseidon Plant here...in my backyard. It is an experiment that we cannot afford in our neck of the woods. We are crippled with our share of infrastructure quagmires. We have sat through methane leaks and sewer pipe installations, road closures and...did I mention that smell?? This is a project that was never fully successful in Florida, does not have a buyer for the water it might make, and will ruin any hope of using the beach area in front of it. Will you close off this part of the coast to the Junior Lifeguard program that uses that area every summer? Can you assure that this ocean water would be safe if the plant were to be built? Why would you take this risk with the only thing we have to draw tourists to our fine city? What will you say? "Come to Surf City...enjoy the miles of beaches and play in our waves, OH, but don't go near that big, huge thing down the coast in the South end...the water is polluted, you'll be swimming in brine and in a dead zone....if the fish can't live there,why would you swim there??" That sounds like a great way to lure dozens and dozens of people here, doesn't it? If this were North HB it would be a non-issue. No resident of Seacliff would see this plopped into their laps....they could afford to send it elsewhere. This is about listening to your constituents. This is about caring about ALL of Huntington Beach. But I watched as the HB council listened to the residents who lived near Talbert and Beach fight WalMart tooth and nail to no avail. I still refuse to shoop there. Now I send this in the hopes that you will listen, but half knowing that our voices are too small. 1/9/2006 �— l k—'I —o V..J,''tG �.�irv�.n{�u�� cs�-�+o•-� (�C�paS'� Page 2 of 2 Yes, this is an emotional issue. Yes, this is about the soft things....the environment, the ocean, the beaches, the air we breathe, the noise pollution, and our neighborhood. Please, listen to us. Please...let someone else experiment with their playground. We already have enough to worry about. Sincerely, Michelle Africano 9682 Surfcrest Drive P.S. Ironically, I have voted for each of you that this is directed to. I thought that I had voted for stronger proponents of our environment, please don't make me regret my vote. I am not above begging...please. Let them build it somewhere else. 1/9/2006 Page 1 of 1 Dapkus, Pat From: HanksterC@aol.com Sent: Friday, January 06, 2006 2:35 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Project Dear City Councilors; My wife and I will not be able to attend the January 9th public hearing regarding the proposed desalinization project. We wish to go on the record in opposition to this project. It is not simply a"NIMBY" issue for us, although it would be our close neighbor. The entire project is ill conceived and not appropriate for a beach-side, tourist oriented city. Therefore, we wish that the city council will not vote to approve the Poseidon desalinization project. Respectfully, Diane& Henry Castignetti 9331 Southshore Drive Huntington Beach, Ca 714-962-8158 1/9/2006 UQPo s��� Page 1 of 1 Dapkus, Pat From: Lillian Richmond [Lillian@auscorp.com] Sent: Friday, January 06, 2006 2:37 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Desalination Project Importance: High Dear Council Members, As a 28-year resident of Huntington Beach on the"south"side of the City, I totally object to the subject project. Once again, the issue is to put more industry and tear up the streets on our side of town. It took the better part of ten years to begin to clear up the Sav-On side of Brookhurst and Adams. Recently, that intersection was torn up for at least six months during the construction of Target. It is one of the most heavily traveled intersections in the City. There are many days when it is near impossible to exit from the Meredith Gardens tract, since there are no"stop"lights at either entrance/exit to Brookhurst or Adams. Now you are considering a project that failed in Florida and will again affect"our" side of town. Perhaps if the Council is that anxious to bring in this project, move it to the other side of Huntington Beach pier. I totally object to this project and urge a"NO" vote by the Council. Lillian Richmond 1/9/2006 Dapkus, Pat From: Dr. Vino [dr_vino@yahoo.com] Sent: Sunday, January 08, 2006 6:04 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Stop Poseidon - Final Vote To my elected officials, Dave Sullivan, Gil Coerper, Jill Hardy, Keith Bohr, Debbie Cook, Cathy Green and Don Hansen, I am against the Poseidon Desalination plant and would appreciate your voting against this project. Poseidon's only desalination plant in Tampa Bay, Florida was a dismal failure both technically and financially. The 10-mile pipeline needed for the plant would tear up streets in southeast HB for the second time in recent years and expose toxic soil from the ASCON dump during construction. The plant itself would depend upon the environmentally outmoded AES power plant for operation, would add to air and ocean pollution. For those of you that vote for this white elephant, I can only assure you that I will always vote against you in your upcoming elections. Thank you, Steve Yorde Yahoo! DSL— Something to write home about. Just$16.99/mo. or less. dsl.yahoo.com o k�. 1✓ 1 Page 1 of 1 Dapkus, Pat From: Carlo Vapor[cvapor@gmail.com] Sent: Friday, January 06, 2006 8:18 AM To: city.council@surfcity-hb.org; dsullivan@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Keep The Dream Alive December 31, 2005 City of Huntington Beach Mayor Dave Sullivan and the Entire Huntington Beach City Council Dear Honorable Mayor Sullivan and City Council: As a new resident to Huntington Beach, my family and I are concerned about the proposed Desalination Plant that is coming to a vote rather soon. Asa new father with an 11-month old daughter, we moved to Huntington Beach with the promise of the perfect place to raise our daughter in the "perfect Orange County city." As a long time resident of California and past resident of Costa Mesa(Class of'86, CSUF Class of'90) and a past Garden Grove resident, we decided always to keep Huntington Beach as the gold-standard of Orange County living, for it was the perfect area to raise Skyler, our little one. I've always aspired to move here; to the beach, the great schools and quiet neighborhoods. It was a dream really. That dream came to life in the past few years, due to hard work and previous home ownership, and we soon found ourselves moving to our dream home and dream area,Huntington Beach. The past few months have been wonderful,we've moved into our home on Carmania Lane and nothing could be better. I heard of the Desal plant that was proposed by Poseidon and I read up and researched the matter, and it started to concern me. Please keep our dream alive - of clean coastlines, safe swimming beaches, and family-friendly neighborhoods not changed due to heavy-industry, or new pipelines along the Santa Ana River trail (which runs in front of our new home), or further smokestacks that dot the skyline—for this was never the picture that my family had in mind when we settled in Huntington Beach. If this ever comes to a vote to your offices,please DO NOT consider this plant in any way, shape or form. Keep this city the beacon of hope and promise that I kept for my family for all these years. Sincerely, Carlo Vapor,new HB resident, 3 months settled 19941 Carmania Ln. Huntington Beach, CA 92646 (714) 378-6121 cvapor@gmail.com 1/9/2006 Page 1 of 1 Dapkus, Pat From: MELODY CHRISTENSEN [MelChristensen2@msn.com] Sent: Friday, January 06, 2006 3:20 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes I would like to go on record as voting against the Poseidon project. I am a registered voter, 23 yr HB resident, and do not want this plant behind my house. This goes against everything HB has strived for, in becoming a coastal resort destination. Sincerely, Melody Christensen, RN 21172 Shepherd Lane Huntington Beach, CA 92646 714-374-8554 Vote: No on Poseidon 1/9/2006 Dapkus, Pat From: Igupta [Igupta@socal.rr.com] Sent: Monday, January 09, 2006 10:38 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Concerns about the Desalination Project Dear Members, We are unable to attend the council meeting this evening but want to make our views known. We strongly object to this plan for a desalination plant in Huntington Beach. We have lived here for 25 years and seem to constantly have to fight to keep the city free of these projects that blight the city, ruin its tourism potential and bring little of direct value to the city but some tax dollars. We start to wonder why our elected council is not more interested in the good of the city other than tax dollars that they can get. We were also shocked with the blatantly misleading flyer sent out about the "Water Treatment Facility" rather than calling it what it is, a desalination plant that will not even give more drinkable water to this cityM. We are strong conservationists and advocate more conservation and better use of water be stressed. Thank you, Louise and Profull Gupta Page 1 of 2 Dapkus, Pat From: JonV3@aol.com Sent: Monday, January 09, 2006 9:51 AM To: city.counciI@surfcity-hb.org; hbdac@hotmail.com; DSULLIVAN@socal.rr.com; Hbmissjill@aol.com; glcoerp1 @gte.net; cgreen@surfcity-hb.org; gcoerper@surfcity-hb.org;jhardy@surfcity-hb.org; dsullivan@surfcity- hb.org; PPcgreen@aol.com; dhansen@surfcity-hb.org; kbohr@surfcity-hb.org;jflynn@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon CUP Hearing Agenda Item D-1 January 9, 2006, Dear Mayor Sullivan and City Council Members, I have recently spoken at a City Council meeting advising you that the plan for the Poseidon desalination plant provides for a relocation of the connection point for urban runoff from within and adjacent to the AES HBGS plant to connect downstream towards the ocean discharge pipe from the desalination plant intake connection with the AES cooling water. This point is found on page 52 of 190 of the CUP staff report, which is page 15 of 48 of the Statement of Facts and Findings and Overriding Considerations. I have copied a quote from the relevant paragraph below. What this should tell you is that untreated urban runoff from within the AES HBGS plant, and approximately 70 acres of nearby land along Newland Street, is being discharged directly into the ocean via the AES outfall pipe. This urban runoff may contain over 24,000 MPN fecal bacteria as indicated in the California Energy Commission Surfzone Water Quality report of AES in 2003. The Energy Commission report also found that dye injected into the discharge vault comes back to shore within an hour, potentially bringing the fecal bacteria back to shore and contributing to the beach bacteria problems. Poseidon does not want this contaminated runoff to get into its intake pipe, therefore the connection between the AES urban runoff and the ocean discharge pipe is being altered to occur downstream towards the ocean from the Poseidon connection to AES. Apparently it is OK to discharge the contaminated runoff to the ocean, but not OK to discharge it into the Poseidon plant. Moreover, because Poseidon will remove 50 mgd from the water stream, the bacteria in the contaminated runoff will be concentrated from the current condition and therefore more concentrated as it reaches the ocean and comes back to the beach. Therefore, you should not agree to this facet of the desalination plan. Instead, you should require the AES runoff to go directly to OCSD,just like the other dry weather diversions of urban runoff. The AES runoff should not be allowed to enter the discharge pipe into the ocean. Heal The Bay has issued a report card where the beach at the mouth of the Santa Ana River merits an "A", while the Magnolia Beach gets an "F". This would indicate that the Santa Ana River is not the culprit for beach contamination, but the AES plant may very well be, given its location at Magnolia and the bacterial contamination found within the discharge vault of the AES plant. A quote from the relevant paragraph from the staff report is below. You can read it at higher magnification by right-clicking it and editing it. I will also be talking about and showing this with a Power Point Presentation at the meeting. I suggest that this is a significant issue and should not be allowed to pass as is. Thank you for considering this matter. The Poseidon plant should not be approved until all details are thoroughly investigated and pinned down. This is one detail among others that has escaped satisfactory resolution. Health of the beach and the ocean should be paramount, given the importance of the beach to the Huntington Beach economy and quality of life. Sincerely, Jan D. Vandersloot, MD 8101 Newman, Suite C Huntington Beach, CA 92647 From Page 52 of 190 of the CUP Staff Report(page 15 of 48 of the Statement of Facts and Findings and Overriding Considerations): nn - 1/9/2006 0�� Page 2 of 2 "Storm runoff from the HBGS site and ... off-site runoff is currently discharged to the cooling water system upstream of the intake to the desalination facility. The applicant would coordinate with HBGS to reroute these discharges during construction of the desalination facility so they would be downstream of the desalination intake and not affect water quality at the desalination intake. The off-site urban runoff is from approximately 70 acres of land near HBGS. Dry weather runoff collects in a ditch alongside Newland Street and is currently pumped into the HBGS outfall pipeline. The City of Huntington Beach plans to modify the system so that it flows into the HBGS site by gravity when improvements are made to Newland Street as part of the conditions placed upon the project by the City of Huntington Beach....." 1/9/2006 Page 1 of 3 Dapkus, Pat From: Darnell Wyrick[wyrickrx2000@yahoo.coml Sent: Monday, January 09, 2006 12:01 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Posiden Proposal January 7, 2005 Mayor Dave Sullivan & City Council Members City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Proposed CUP for Poseidon Resources Dear Mayor Sullivan and City Council Members, Mesa Verde Community Inc. represents Costa Mesa residents and homeowners who live along Adams Avenue,just across the Santa Ana River. While you are considering the Conditional Use Permit(CUP) for Poseidon Resources,we ask that you include the following items in your discussion. 1. In our research of the proposed project we noted that: • We find no similar project that has been successfully completed and operated by Poseidon in the United States. • There is no accompanying feasibility analysis, conducted by an independent professional organization- such as the ones you required for the development of the Hilton and Hyatt Hotels. While we recognize that the City of Huntington Beach is in "partnership" with hotels' developer/owner because the hotels are on city-owned land, it is also a fact that Poseidon plans to "build" its pipeline on city-owned land. • There is no evidence that any agency is willing to "buy" the desalinated water. (If they don't have a"buyer," how can this be a financially viable project?) • Desalination technologies historically display a four percent per year improvement in cost reduction. These improvements are a result of the introduction of membranes and subsequent revolutionary improvement in the technology. These cost reductions have been realized only as a result of substantial Federal investments. • Assuming application of currently-available advanced desalination and water purification technologies and favorable financing, the treatment cost of a gallon of purified seawater today currently costs approximately five to six times the treatment cost of fresh water(Water Treatment Estimation Routine User Manual,U.S. Bureau of Reclamation, Water Treatment Technology Program Report No. 43). • You would be issuing a CUP for a project that has not determined a route for the pipeline, suggesting that your CUP is essentially for the desalination plant on Pacific Coast Highway and not the water distribution pipeline system. However, it is the pipeline that is troubling to Costa Mesa residents. • The Costa Mesa City Council has voted to oppose the pipeline. 2. Regarding the City of Costa Mesa, we would like to remind you that: • Poseidon proposes to build a large pipeline that would: a. Significantly limit traffic on Adams Avenue for a number of months; b. Disturb environmentally sensitive Fairview Park; and c. Create unacceptable levels of dust, air emissions and noise affecting our community. Noise at 50 feet from 1/9/2006 b --' � ` —0__ O L AI-M Page 2 of 3 construction would be 92.2 dBA (Table 5.9-11 p.21 DRIER) equivalent to a small jet engine at takeoff. Many homes in your city and ours are less than 50 feet from the proposed construction. . Damage to walls and buildings is likely to occur due to vibrations from excavation and compaction. . Even though you "approved" the EIR, the writer essentially stopped the detailed analysis of impact issues at the Santa Ana River. . We could find no evidence that Poseidon has consulted with: a. Costa Mesa Parks &Recreation Commission(Fairview Park); b. Costa Mesa Country Club; c. Fairview Developmental Center(a State of California Agency); or d. Orange County Fairgrounds (an Orange County Agency) 3. As your neighbors, we ask that you specifically review the comments from our Director of Public Services in his letter to Mr. Ramos, dated May 26, 2005. While there are a number of significant issues, one of the biggest items is the following comment contained in that letter: "Page 5.9-24, TRAFFIC "There is no discussion of impacts to City of Costa Mesa arterials and neighborhoods,where a majority of impacts would occur due to the project. The discussion is very general and brief(our emphasis)with no estimates for truck trips or details of construction methods or quantification of impacts. Truck trips, construction workers and equipment resulting from the pipeline construction would impact City of Costa Mesa arterials significantly . . . . . .. 4. Currently Poseidon is in negotiations with the city of Carlsbad to construct a similar plant. The Carlsbad Planning Commission on December 21, 2005,was scheduled to review the project as an information item only with no action to be taken. The formal public hearings on the project are scheduled for early 2006. Project Numbers: Precise Development Plan PDP 00-02 and Specific Plan Amendment SP 144(H), Coastal Development Permit CDP 04-41, Special Use Permit SUP 05-04, Development Agreement DA 05-01, and Environmental Impact Report EIR 03-05. A Redevelopment Permit is also pending. Project Location: The desalination facility is proposed on the grounds of the Encina Power Station. The power station is bounded by the Pacific Ocean and Carlsbad Boulevard to the west, the Carlsbad State Beach and Agua Hedionda Lagoon to the north, the I-5 Freeway, and Cannon Road, an SDG&E maintenance yard, and adjacent residential areas to the south. Additional information can be viewed by entering the following website. http://www ci.carlsbad.ca.us/planning/msiplan.html?ciptype=plan&cip=57 5. Is there a competitive component between Huntington Beach and Carlsbad to win the title of the first city on the west coast to construct a desalination plant? Given that Poseidon proposes a two-year construction time and there are no guarantees of success,you would be essentially issuing a "permit" for a private business, with no proof of a previous successful track record in the United States, to be used to "force" Costa Mesa residents to accept a project that is lacking in essential details and due diligence. And, you will be "permitting" the use of public land to a private business without any assurance of success or independent analysis of the project's viability. We ask that before you approve the proposed project and grant a Continuous Use Permit, that you conduct further research and analysis on the short and long-term impact to the city of Huntington Beach and its neighboring communities. &n bsp; bsp; 1/9/2006 Page 3 of 3 bsp; bsp; bsp; bsp; bsp; bsp; bsp; Sincerely, Darnell Wyrick President Mesa Verde Community Inc., cc: File Darnell Wyrick wyrickrx2000@Yahoo.com Home: 714-825-0763 Fax: 714-825-0762 Cell: 714-3 81-6293 Yahoo! Photos - Showcase holiday pictures in hardcover Photo Books. You design it and we'll bind it! 1/9/2006 Dapkus, Pat From: Donna.Allison@SCE.com Sent: Monday, January 09, 2006 8:59 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Desalination Project I am a resident living South of Banning between Magnolia & Brookhurst and don't believe a Desalination Plant next to the AES Power Plant is in the best interest of the immediate neighborhood nor the community at large. My understanding is the goal of the area is to become more environmentally friendly. In the immediate area an AES coal fire burning electric plant that is less controlled than it was as an SCE facility already exists along with a waste facilitiy which has had contamination issues in the past and ground water contamination that exists at the Southwest corner of Hamilton and Magnolia due to an industrial facility located there. Additionally off shore drilling exists in the area. For these reasons I don't believe this location can support a desalination plant which is after all an industrial facility planned to be built in a residentail area. Oil wells, a coal fire burning electric plant and a waste facility already pollute the ocean, to add a desallination plan which has to pump brine into an area already dealing with pollutions just does not make since. Don't we want to encourage the use of our beaches which we have had to close in the last two years due to bacteria contamination? Thank you from a concerned citizen. Donna Allison 9232 Christine Drive Huntington Beach, CA 92646 0 C,.Pr �PP 4 S � Page 1 of 1 Dapkus, Pat From: DONALD HOWARTH [donhowarth@verizon.net] Sent: Sunday, January 08, 2006 7:24 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: I OPPOSE the Poseidon Project To the HB City Council, I wish to go on record as being in opposition to the Poseidon desalination plant in Huntington Beach. While it may bring in some tax revenue (given the company can actually put the plant into production, something they have yet to ever accomplish), it will not benefit the residents of Huntington Beach. Also, I live in the area that will undoubtedly be affected by the construction project necessary to connect the plant into the water system and do not wish to live through another seemingly endless bout of torn up streets and detours. Example: The now unfinished sewer project up Bushard Street which ran years longer than it was supposed to and is, as yet, nowhere near completed. Respectfully, Don Howarth 21041 Inferno Lane Huntington Beach CA 92646 p -1 1/9/2006 Page 1 of 1 Dapkus, Pat From: Therese Hart [bnthart@socal.rr.com] Sent: Sunday, January 08, 2006 8:39 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Please vote NO on the Poseidon Desalination Project. We think it will not benefit our city nor will it improve our infrastructure. Laurent C and Therese J. Hart 10062 Theseus Dr. Huntington Beach, CA. 92646 1/9/2006 t7PP0Ne Dapkus, Pat From: Czerniachowski, Michael L [michael.l.czerniachowski@boeing.com] Sent: Monday, January 09, 2006 6:38 AM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Desalinization plant Please vote "no" on this proposed plant building in Huntington Beach. There are many reasons it shouldn't be built, but certainly HB will never be an attractive city with another plant built on PCH. The electric plant is an inefficient eyesore. The company does not have a successful record when it comes to these types of plants. Reclamation is a better option. who has done the study of what happens to the oceans environment near desalinization plants? There is no short term or long term benefit to have this plant here in HB. Thank you, Michael Czerniachowski Sr. Manager SR&Q Delta Program Boeing IDS-Huntington Beach 714-896-6438 Office 714-658-9505 Cell 714-896-1021 Fax M/S H014-C466 The information contained herein is or may be controlled by the International Traffic in Arms Regulations (ITAR), 22 CFR 120 - 130, and may not be exported, or disclosed to a foreign person, whether in the United States or abroad, without prior U.S. Government written approval. 1 (� i — 1 1--c11--O�v �P►'�L W 1Vuh U...)tt.l►►-� Lj P P a C►� Dapkus, Pat From: kerry samaniego [atthebeachkks@hotmail.com] Sent: Monday, January 09, 2006 7:17 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon project Please reject Poseidon's bid to construct a desalination plant. I've lived in southeast Huntington Beach since the age of 12 watching the city grow and change over the years. Please do not jeopardize our precious coastal environment and further"industrialize" our neighborhood. Please make a responsible decision by rejecting Poseidon's proposal. Sincerely, Kerry Roth-Samaniego On the road to retirement? Check out MSN Life Events for advice on how to get there! http://Iifeevents.msn.com/category.aspx?cid=Retirement ci Page 1 of 1 Dapkus, Pat From: John and Kay Louer Ukkml@earthlink.net] Sent: Sunday, January 08, 2006 7:39 PM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Re: Poseidon Desal Plant Dear Council members, We are writing to express our opinion on the proposed Poseidon Desal Plant. We kindly request that you please vote"NO"on this issue for the betterment of our community. Here is why: 1. The Poseidon company has no proven track record of building and maintaining a functioning Desal Plant anywhere. The one plant that was built by Poseidon in Florida failed to function properly and was sold off by Poseidon to the State. Why would the City of Huntington Beach want to enter into a contract with an unproven vendor? It seems to be a very expensive gamble with only a 50% chance of success. 2. The City of Huntington Beach has staked its future on our proximity to the ocean and therefore our beaches. Our great location has allowed us to capitalize on the growing tourist industry and therefore bring more than our fair share of people and hence their money into Huntington Beach. Perhaps we should explore alternative uses for the Poseidon site rather another industrial plant. There must be a better use for the land that would dovetail into a higher quality of life for our residents and the tourist trade that we are increasingly relying upon. Has an alternative use for this land even been researched and looked for? 3. The construction of the plant will absolutely ruin the quality of life for people in the Southeast corner of our city. The construction will not just effect 1-2 families or several blocks, it will impact the very fabric of life for thousands of H.B. residents in an extremely negative fashion. Having been in the construction business,we can assure you that there will be delays, cost over-runs and several expensive failures in the project at some point. Any time there is a project of this magnitude, it is certain to happen. This time thought it won't just effect a few, but many people who quite simply do not want this plant. Thank you for your time and consideration. Please honor the wishes of your constituents in the Southeast corner of H.B. and elsewhere in the City by voting "NO" on this project. Best Regards, John & Kay Louer 1/9/2006 apu� Page 1 of 1 Dapkus, Pat From: Rose Butts [RButts@acsd.k12.ca.us] Sent: Monday, January 09, 2006 7:56 AM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Please Vote NO. Our ocean waters are already Polluted, Please DO NOT make them worst! Sincerely, Rose Butts 1/9/2006 �U� Dapkus, Pat From: Bruce Brandt[brandtzanadu@socal.rr.com] Sent: Sunday,January 08,2006 9:13 PM To: city.council@surfcity-HB.org Cc: Pat Dapkus; Cathy Fikes Subject: Fw: RE: comments on Desal plant Respectfully to HB City Council; Please reread my earlier pleas on this to recommend a no vote. thank you, Bruce J. Brandt > ----- Original Message ----- > From: <Brandtzanadu@socal.rr.com> > To: "Green, Cathy" <CGreen@surfcity-hb.org> > Cc: <brandtpeanut@socal.rr.com> > Sent: Friday, October 14, 2005 8:37 PM > Subject: Re: RE: comments on Desal plant > >> Thank You for responding. >> My bent on this, as a retired Executive of the Boeing Company (35 >> years), managing huge projects is that the applicants need to prove >> more to allow us to permit this project. We have all to lose and not >> much to gain, where the reverse is true for them as they will be >> shielded by investors and a corporation. >> At the end of the day if things do not work it will be us the city to >> get stuck, just like the Tampa Bay deal. There also is no rush here, >> if this is such a great idea why are not more companies in the running >> and interested? We should always be cautious about a offer from a firm >> with no one else interested in competing; it does not pass the smell >> test in corporate America as good ideas always have competition. >> Open this up to bid to the big guys like Flour etc and get there >> responses. We need more data than just what Posieden is selling. >> Respectfully, Bruce J. Brandt >> -----Original Message ----- >> From: "Green, Cathy' <CGreen@surfcity-hb.org> >> Date: Friday, October 14, 2005 5:16 pm >> Subject: RE: comments on Desal plant >>> Thank you for writing. Cathy >>> -----Original Message----- >>> From: Brandtzanadu@socal.rr.com [mailto:Brandtzanadu@socal.rr.com] >>> Sent: Thursday, October 13, 2005 11:50 PM >>>To: city.council@surfcity-hb.org >>> Cc: brandtpeanut@socal.rr.com; Pat Dapkus; Cathy Fikes >>> Subject: comments on Desal plant i >>> > Dear HB City Council; >>> > I love this city and respect all the hard work and issues you >>> need >>> > to >>> > deal with. My concern is why would we ever even consider this >>> > Poseidon >>> > deal. It is all about risk and reward. This technology is shakey >>> > at >>> > best, the business case is nil,We are not a research >>> > organization,let >>> > govt prove the technology not our city, the track record of >>> > Posideon >>> > is negative so how can we support any of their projections, the >>> > why not benefactors are potentially to be the south of us, so y >>> let >>> > Dana >>> > Point locate the plant there.The damage to the water HAS to be >>> > real to >>> > some extent. The two year mess with roads for pipe laying is an >>> > unreal >>> > thought after the fiascal/continuing with the failure of the >>> > sanitation district mess. I would count on the city being sued >>> for >>> > the >>> > next big g di on our south HB streets. What can possibly justify >>> > this >>> > project for HB with all the risks. the potential reward is a >>>joke, >>> > even if we got $2M a year income, its a bad deal for us. >>> > Thank you for taking time I hope to read this, >>> > Bruce J Brandt >>> > Registered Professional Engineer-State of California >>> > 22381 Wallingford Lane , HB >>> > 714-968-6330 2 Page 1 of 1 Dapkus, Pat From: AKhalap2@aol.com Sent: Monday, January 09, 2006 7:50 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: THE POSEIDON PROJECT PLEASE BE AWARE THAT MY FAMILY IS ENTIRELY AGAINST THE POSEIDON PROJECT. THE COMPANY IS QUESTIONABLE FOR SEVERAL REASONS (IF YOU WANT ALL THE REASONS, LET ME KNOW AND I WILL SEND THEM TO YOU, BUT FOR ONE THING, IT TOTALLY FAILED IN TAMPA WHERE THE LOCAL WATER AUTHORITY HAD TO TAKE OVER THE PROJECT ), THE PROJECT IS NOT COST-EFFECTIVE, THE POWER IT WILL NEED IS CERTAINLY NOT COST- EFFECTIVE AND PUTS MORE FILTH IN OUR AIR. PLEASE GIVE YOUR HUNTINGTON BEACH CITIZENS MORE CREDIT FOR BEING INTELLIGENT ENOUGH TO KNOW THAT THIS PROJECT IS TOTALLY WRONG FOR US. THANK YOU, ANITA Y KHALAP (AND FAMILY) 9372 FOLKSTONE CIRCLE H. B. 92646 1/9/2006 C*pcnSG r) Page 1 of 1 Dapkus, Pat From: RICHARD WHITTINGTON [whittington1@verizon.net] Sent: Sunday, January 08, 2006 6:43 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: NO DESALINATION PLANT! OUR FAMILY OF THREE ACTIVE VOTERS IS NOT IN FAVOR OF THE PROPOSED POSEIDON DESALINATION PROJECT(2 BLOCKS FROM OUR HOUSE)AND WE ARE NOT IN FAVOR OF CITY COUNCIL MEMBERS WHO SUPPORT THE DESALINATION PLANT. AS 12 YEAR HB RESIDENTS,WE HAVE SEEN THE IMPROVEMENTS THE CITY, LOCAL BUSINESS AND MOST IMPORTANTLY LOCAL NEIGHBORHOODS HAVE UNDERGONE AND CONTINUE TO IMPROVE. SOUTH EAST HB NEEDS NO ADDITIONAL GROWTH TO AN ALREADY EXISTING "EYESORE". THE POSEIDON CO. PREVIOUS ATTEMPTS TO BUILD DESALINATION PLANTS HAVE BEEN FAILURES FOR MANY SERIOUS REASONS! WHY EVEN CONSIDER SUCH A RISKY PROJECT THAT HAS MAJOR POTENTIAL FOR HARMING OUR LOCAL WATERS AND INHABITANTS, NEGATIVELY EFFECTING OUR TOURISM/REVENUE AND DECREASING PROPERTY VALUES OF SURROUNDING REAL ESTATE. NOT ONE PERSON DRIVES ON PCH W/O THINKING"WHAT A SHAME THAT POWER PLANT AND PROPOSED DESALINATION PLANT RUIN THE HB COASTLINE!!!"STOP THE MADNESS........................!! NO DESALINATION PLANT! NO DESALINATION PLANT! NO DESALINATION PLANT! NO DESALINATION PLANT! NO DESALINATION PLANT! 1/9/2006 Page 1 of 2 Dapkus, Pat From: Michele Yorde [mich_davis@yahoo.com] Sent: Sunday, January 08, 2006 7:46 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Stop Poseidon -final vote To my elected officials, Dave Sullivan, Gil Coerper, Jill Hardy, Keith Bohr, Debbie Cook, Cathy Green and Don Hansen, I am against the Poseidon Desalination plant and would appreciate your voting against this project. Poseidon's only desalination plant in Tampa Bay, Florida was a dismal failure both technically and financially. What proof have they offered that this plant would be any different? The 10-mile pipeline needed for the plant would tear up streets in southeast HB for the second time in recent years and expose toxic soil from the ASCON dump during construction. Congestion caused by the parade of heavy equipment, trucks and construction would further endanger our children and inhabitants extending throughout southeastern HB, Costa Mesa and along PCH. The plant itself would depend upon the environmentally outmoded AES Power plant for operation,would add to air and ocean pollution, further extending the environmental blight caused by the AES plant,ASCON toxic waste dump, and the Waste Treatment Plant. The resultant damage from this facility will permanently affect the marine life, water, air, other environmental resources, and quality of life for your constituency. The City of Huntington Beach has invested millions of taxpayer dollars improving the facilities and public image of Surf City. This blight will not go un-noticed by tourists visiting our city in search of a beautiful coastal retreat, and will certainly lessen their opinion. Don't be misled by the propaganda and empty promises made by the 1/9/2006 t t""9—l::,�O 0(�,6 0pp o. +� Page 2 of 2 backers of the Poseidon project, of"guaranteed benefits", and $70 million income to the City of Huntington Beach. The basis for these "savings" is flawed, and indeed the promoters have repeatedly been unable to demonstrate how these savings could be reached or "guaranteed". For those of you that vote for this white elephant, I assure you that will always vote against you in your upcoming elections, and encourage your constituents to do the same. Sincerely, Michele Yorde Yahoo! DSL Something to write home about. Just $16.99/mo. or less 1/9/2006 Page 1 of 1 Dapkus, Pat From: Kiersta Poe [kpoe@socal.rr.comj Sent: Monday, January 09, 2006 9:10 AM To: city.counciI@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Vote NO!!! We are residents of South HB and strongly oppose this proposed project. Poseidon does not have a good track record, the project will cause tremendous disruption to people and marine life, and the end result will not even benefit HB. We urge you to consider the quality of life of the residents in this area and NOT approve this project. Although the public has yet to review the plan in full detail, it appears to be ill-conceived and the technology will most likely be outdated well before its time. Sincererly, Kiersta&Scott Poe 22042 Malibu Lane 1/9/2006 PQ , Page 1 of 1 Dapkus, Pat From: Jason Shelton [Jason.Shelton@quiksilver.com] Sent: Monday, January 09, 2006 9:11 AM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Hello, I am requesting a "NO"vote on the De-Salination plant in Huntington. Please vote against the plant. Sincerely, Jason Shelton Quiksilver, Inc Director, Customer Service P-714.889.4212 F-714.889.6956 http://www.quiksilver.com/team/kellysiater/ks7 site.aspx 1/9j + —006 � _ b� `."' - OQp 6-n Page 1 of 1 Dapkus, Pat From: Charles & Maryann Rozzelle [RozzMar@Rozzelle.com] Sent: Saturday, January 07, 2006 2:55 PM To: city.counciI@surfcity-hb.org Cc: Pat Dapkus;Cathy Fikes Subject: POSEIDON PROJECT MUST BE DISAPPROVED! Honorable City Council, As long time residents of the City of Huntington Beach, we are deeply concerned about the potential negative impact of this project on our great City. We strongly believe this project should be disapproved for the following reasons: • Our most precious resources are our beaches and ocean environment. As you are well aware, these resources are already being severely threatened with bacterial and other environmental pollution, especially in the vicinity of Magnolia Street. Irrespective of what environmental analysis may appear to conclude, this project will, in all probability, make the situation considerably worse and further degrade this already environmentally sensitive area. • The existing power plant is located less than one mile from a developing commercial area, which the city can proudly say has become a worldwide tourist destination. From a land use perspective, because of such proximity, the power generating facility is an anachronism that should be designated as a non-conforming land use with a specified remaining life span, and eventually removed. Certainly, no expansion of any existing industrial activity at this location can be justified and would most certainly diminish the attractiveness of our nearby beach oriented tourist areas. • There is no compelling reason why the City of Huntington Beach should be responsible for providing a water source for other remote areas and realize few, if any, of the resulting benefits but incur all of the attendant headaches. • There would be substantial negative environmental consequences, off-site, to be incurred by other jurisdictions resulting from the water distribution by pipeline, and; • It should be emphasized that Poseidon, an east coast enterprise, has a rather spotty record in their previous attempts at desalinization: Tampa Bay, Florida was left with the cost of repairing a plant which Poseidon attempted to construct but needed to be repaired by another accompany. Huntington Beach should not be Poseidon's next target! Surf City has gained the reputation of a major worldwide tourist destination and surfing Mecca. This image should not be tainted by the approval of an unnecessary and marginal project with few, if any, benefits to the City of Huntington Beach. PLEASE DISAPPROVE THIS PROJECT!!!! Sincerely, Charles and Maryann Rozzelle 9402 Daytona Circle Huntington Beach, CA 92646 1/9/2006 CaS�i� Page 1 of 1 Dapkus, Pat From: MHuffll@aol.com Sent: Saturday, January 07, 2006 12:40 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Stop Poseidon We are against the Poseidon Desalination Project. Please vote to STOP POSEIDON r-j_.., 1_.,nl — O �. W M 1/9/2006 M U,J k Page 1 of 1 Dapkus, Pat From: Fred Galluccio[paxfred@earthlink.net] Sent: Saturday, January 07, 2006 1:38 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: PLEASE VOTE NO on the desalinization plant Importance: High Just in case you have any doubt; this note is to let you know that my whole family stands AGAINST allowing the desal plant at the present moment. This is especially true secondary to all the"tactics"that have been employed. ANy question, please contact me. I live in HB (963-0172)and have my office in NB <(949)646-4865>. Because of a required meeting at Hoag Hospital, it is very unlikely that I will be able to be at the meeting Fred Galluccio, MD, FAAFP paxfred@earthlink.net Work and Pray for Peace and Justice �-- � t--C1— v Lo LIST= Qr.�M ty\ U10, c�'h�� Opp 1/9/2006 To: Huntington Beach Mayor and City Council Members Page 1 of 1 Dapkus, Pat From: Debbie DeMeulle [debbie@businessimagery.com] Sent: Monday, January 09, 2006 9:24 AM To: city.council@surfcity-hb.org; dsullivan@surfcity-hb.org; gcoerper@surfcity-hb.org;jhardy@surfcity-hb.org; kbohr@surfcity-hb.org; hbdac@hotmail.com; cgreen@surfcity-hb.org; dhansen@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Request for denial of CUP for Poseidon Desalination Plant To: Huntington Beach Mayor and City Council Members From: Debbie DeMeulle, Huntington Beach Resident Date: January 9, 2006 Subj: Request for denial of CUP for Poseidon Desal Plant Poseidon is not a proven desalination providor; as a matter of fact their only track record so far is a negative. So, without even going into the pros and cons of what is the actual dollar value of this project to HB, emergency water supplies,water privatization, or current desal technology-Poseidon's overriding lack of a track record remains. . Imagine if any of us were to have a pool built at our own house and the company that submitted a bid on the job explained that they had never successfully completed a pool and the other one they attempted was about half the size and ran into a long list of problems. Would we sign on with them or look for someone with a good solid list of references? . surfcityusa.com-"Discover paradise in Huntington Beach, California. With an idyllic year-round climate, 8 miles of the world's most beautiful beaches, a historic pier, and an incredible array of recreational and cultural activities, a Surf City USA experience is perfect for your dream vacation or corporate gathering."Is the vision of the power plant included in our 8 miles of the world's most beautiful beaches? Sure much of our coastline used to have oil derricks,but not anymore, so why should we always expect to have the power plant, and now consider to piggyback a desal plant to it? The beach is our greatest asset. . We need projects to compliment HB's investment of tourism on our coastline. I've heard some great suggestions that could both enhance the existing projects and bring in additional revenues and jobs. For example, shopping and restaurants, a rebuilt "old downtown main street" area, a small amusement style park(how about the HB carousel or perhaps a sky tram to observe the wetlands), a skate park with supporting businesses. Maybe bring back the Red car for a local mode of transportation to take visitors up and down our beach and Main Street for shopping and eating. Even if you feel a desal plant is good for our city, what is the rush here? Let's let our neighbors in the south complete their project and see how their experience turns out. Our city cannot afford to gamble on this project. Please vote no. 1'�)— � ',9_., to 1/9/2006 L_P( Corvx tq\Uo% eA�Q.^-" Page 1 of 1 Dapkus, Pat From: WesternEnergyLLC@aol.com Sent: Saturday, January 07, 2006 12:40 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Desal Project To: City Council Members I currently live in the Meredith Gardens Area of Huntington Beach near Brookhurst&Adams, over the past three months we have seen a great deal of construction in the area due to the reconstruction of the Target Store and will continue to see more construction with the building of the new Ralph;S market. Traffic hasn't halted to a standstill, but, it has been difficult to drive in the congestion. In the event this project is approved the area would border the 405 traffic in the morning, destroying home values and make life miserable. Aside, from the personal disruption, I have personally been involved in the energy market for over 30 years, install equipment and sell electricity and thermal heat to large facilities throughout California, including Bally Total Fitness, Fairmont Hotels, etc. We have reviewed incorporating water purification in our projects using reverse osmosis technology within California, Mexico and Europe. What has stopped us at every turn are the economics of the projects and the lack of suitable companies and contractors with limited are no experience. We have been steadfast in refusing to allow our investors to potentially lose money on what amount to R&D projects for companies with no experience. I have not had the opportunity to review the actual contract, but, it is likely that the Poseidon group is promising to deliver water at no capital cost to the City of Huntington Beach other than pay some predetermined amount of money for the production of usable water. On face, if that is indeed the agreement, literally, on face there appears no danger to the City; however, what if the Company is 1/3 of the way through the project and streets are torn up, street construction is in the middle of construction and they run out of money. The burden on the City and the loss of property and business value would be overwhelming. Has the cost of energy been taken into consideration, natural gas has nearly doubled in the past two years, will the City become responsible for increased utility costs as an add-on cost, what if the equipment never works, such as has happened in Santa Barbara, California nearly 15 years ago. A company called Ionics built a 10 Million Gallon per day plant similar to the one proposed by Poseidon and by the time the plant was actually built operating costs were higher than anticipated and the plant never began operation and is sitting idle to the day. I am certain all of these issues have been taken into consideration; however, for the benefit of the citizens of Huntington Beach, please do not make us the"guinea pigs"for a company with not only no track record, but, that of only failure. Pete Bonacic 1/9/2006 PMM uW k WA " z oPP uSEr� Page 1 of 1 Dapkus, Pat From: Elahraf@aol.com Sent: Saturday, January 07, 2006 11:25 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: No on Poesidon City Council Members: I urge you to vote no on Poseidon Thank you. Mrs. Lorraine EI-Ahraf 21572 Kanakoa Lane, Huntington Beach, CA 92646 714-9633292. ` , ,--'�N" p 1p L.-�t j� W M M VuJ. t/ac ",z) 1/9/2006 �pc,SEt� Page 1 of 1 Dapkus, Pat From: Elahraf@aol.com Sent: Saturday, January 07, 2006 11:11 AM To: city.council@surfcity-hb.org Cc: sehbna-board@yahoogroups.com; Elahraf@aol.com; Pat Dapkus; Cathy Fikes Subject: Please Vote No-----Poseidon---CUP/OPA Dear Honorable City Council Members: The current proposal by Poseidon does not serve our city's best interest. A project that has produced an inadequate EIR , no satisfactory mitigation measures and a series of ambiguous or conflicting statements and unresolved issues is not worthy of your approval . The proposed seawater desalination complex is incompatible with the vision of your constituents that see Huntington Beach as a resort destination characterized by a healthful environment and economic prosperity based on projects that contribute to quality of life rather than distracting from it . Poseidon is not an example of a project that contributes positively to our future. This is an issue of paramount impact on the entire city and not just the section where it is physically located. P p Y 1 pY Y I trust in your ability to protect the city's quality of life , the health of its residents and the long term economic interests of the community. Please vote no on Poseidon. Best regards. Dr.Amer EI-Ahraf Professor of Environmental Quality and Health 21572 Kanakoa Lane, Huntington Beach, CA 92646 (714)963-3292 1/9/2006 M�� c�. u� 0 ppas Page 1 of 1 Dapkus, Pat From: Dan Horgan [dan@trojanhomeloans.com] Sent: Saturday, January 07, 2006 10:49 AM To: city.council@surfcity-hb.org Cc: Murphyeile@aol.com; Pat Dapkus; Cathy Fikes Subject: Poseidon Dear City of Huntington Beach, For years I have wondered what goes on at the gigantic power facility at Newland and PCH. As a surfer, it was easy to imagine that the power plant was emitting harmful toxins and hurting the local environment. And although I have no idea as to its' current status, the news of the Poseidon company plans to refurbish the plant into a desalinization plant was initially great to hear. Then some investigation was done by some of my family and friends, as they are politically active, and it appears that this company may have aspirations that differ from the City of HB's expectations. As you know, the City of Tampa, FL, worked with Poseidon on a similar project wasting millions and millions of dollars on Poseidon's promises only to find themselves stuck"holding the bag"after the transaction was complete. I think it would be wise for some HB officials to contact that city's employees to discuss exactly what happened with Poseidon in the 1990s. From my understanding, it appears LIKELY that if HB allows Poseidon to go through with their plans for this facility, we not only will not see a single drop of fresh water and weak tax incentives, but we also will find ourselves losing millions due to lost real estate and massive environmental degradation to our ocean's water and life within. Sure the Poseidon company has a great plan and it probably looks good on paper, but the fact remains that this company cannot be trusted and there simply isn't enough potential benefits to outweigh the definite downfalls. Please do our great city a favor and eliminate any plans that involve Poseidon. Sincerely, Daniel Horgan - Horne Loan Consultant Trojan Home Loans Office: 800 657 7771 Ex 136 Home Office: 866 444 3244 Direct Fax: 714 200 0340 Cell: 714 7910617 1/9/2006 Page 1 of 1 Dapkus, Pat From: Kenneth Killian [killian@telis.org] Sent: Saturday, January 07, 2006 10:46 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Desalination Project Dear Members of the City Council, Please record my objection to the proposed Poseidon Desalination Project for our city. We are fortunate that Surf City is located in one of the most ideal places environmentally in the world. Other than some tax revenue, this project provides nothing to our city. The direction in which we should be moving is to eventually remove the giant eye sore of the electrical plant from our coastline, not couple the electrical plant with a desalination plant which will assure the indefinite presence of the electrical plant. If you approve the project, I am convinced that our city will have many years of grief, headaches, and problems associated with that decision. Let's continue the momentum to have HB a desirable tourist location and share our beautiful city with others. Please don't add this huge negative factor to our city! Look at all the terrific improvements along PCH the past few years and currently under construction. I commend the council for your leadership with these positive decisions. I find it incomprehensible that you are considering an action that would have a negative effect on the progress made to date along our coastline! Thanks for your consideration. Kenneth Killian (HB resident since 1976) 9361 Leilani Drive 1/9/2006 Page 1 of 1 Dapkus, Pat From: Fuzzymem@aol.com Sent: Saturday, January 07, 2006 9:40 AM To: pdapkus@surfcity-hb.org Subject: Vote NO on Poseidon! Go with you gut feeling on this one. You know whats right. We expect your clear judgement. C> 1/9/2006 Dapkus, Pat From: Bryan Visnoski II [bjvhbking@yahoo.com] Sent: Sunday, January 08, 2006 12:20 PM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: NO desalination Plant NO desalination Plant in HB.....Please Yahoo! DSL <http://pa.yahoo.com/*http://us.rd.vahoo.com/evt=37474/ *http://promo.yahoo.com/broadband/> Something to write home about. Just $16.99/mo. or less i CPA0-� o PPas�-7 Dapkus, Pat From: Sylvia Visnoski [sisnoski@yahoo.com] Sent: Sunday, January 08, 2006 12:15 PM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Vote NO. HB Sea water is already ranked the worst. Vote NO. HB Sea water is already ranked the worst. Yahoo! DSL <http://pa.yahoo.com/*httP://us.rd.yahoo.com/evt=37474/ *http://promo_yahoo.com/broadband/> Something to write home about. Just $16.99/mo. or less z 1>-- 1 � —�'!— c� tp �-�'`1�" �/v�.M c��cA-��•.� O P.P�rs��� Dapkus, Pat From: Ed Moynagh [edward92646@yahoo.com] Sent: Sunday, January 08, 2006 11:12 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon To all City Council members: Why don't you fix the streets down in this end of town in place of talking about digging a ditch & tearing up more streets. Drive down in front of Edison High School. Ed HBUHS Class of 49. 5 Dapkus, Pat From: Ricbutton@aol.com Sent: Sunday, January 08, 2006 10:42 AM To: city.council@surfcity-hb.org. Cc: Pat Dapkus; Cathy Fikes Subject: desalination decision Please look at the picture on page 3 of the local section of the Register from Sunday 1/8/06. Is this your vision for Huntington Beach? How can you consider and approve a project that could possibly cost our city millions of The amount of financial gain to the city has not even been agreed dollars. a u t a g y g upon????????? Please don't let Poseidon happen to Huntington Beach. Sincerely, Ric Button 8642 Hatteras Dr. Huntington Beach 92646 n 7 Dapkus, Pat From: Edward DeMeulle [ed@demeulle.org] Sent: Sunday, January 08, 2006 9:58 AM To: Jill Hardy; Keith Bohr; Cathy Green; Dave Sullivan; Debbie Cook; Don Hansen; Gil Coerper Cc: HB City Council; SEHBNA Group; Pat Dapkus; Cathy Fikes Subject: Poseidon CUP/CDP Hearing 1/9/06 1 imagine that by now you're all pretty anxious to be done with this issue and I don't blame you. I would like to throw in my 2 cents worth, though. It's been said that one of the overwhelming reasons to approve the project is that it will provide HB with an emergency water supply. I don't think that this will be the case. My understanding is that MWDOC has stated that in emergency conditions they will be controlling the water supply and, I think, rightly so. I can't see why any city would tolerate special deals for emergency supply of water for others. While this isn't a reason to deny the plant, it certainly isn't an overwhelming reason to approve it either. I understand that some of you view the esthetic enhancements that Poseidon has proposed as a benefit to the southeast. The reality is that it is a fascade over an industrial complex that ideally shouldn't be there. In other words, it's like putting lipstick on a pig. My bottom line is that heavy industry is a terrible use of valuable coastal real estate. Can you really argue that point? Huntingon Beach should plan for the eventual conversion of the property back to non-industrial uses. We should bide our time with the intention of transitioning the property to better uses. Would never happen, you say? Well, it certainly wouldn't be the first 50's era power plant in Southern California that was decommissioned because of it's inefficiency. In the near future, regulations that govern power plant operations are tightening. I've heard that this is a good deal and the best you can do. I'm sorry, but this is *not* the best you can do. The best that you can do would include: * Assessing the legislative trends as the apply to power generation and how they threaten the ongoing operations of the AES plant specifically. How soon might the AES operation be threatened? Does adding another parasitic use to the property enhance AES's ability to have future requirements waived, as was the case not long ago? * Monitor the progress of the Carlsbad and other Poseidon projects to assess the likelyhood of success. South County has the current water issue, not us. Learn from their experience first. * Getting together on the vision for HB. Do you want the concept of visitor-serving commercial for tourism to stop at Beach Blvd? What about the rest of the beach? Do we want to tell tourists "use this beach too, but shop over here"? Is that our long-term plan for the southeast? The more additional industry you add to the area, the 8 J n �-t�mMua s�'�.�.� c�P.p.zo r r� more likely it will remain industrial. I've shown you what other municipalities have done with once-industrial properties, turning them into trendy shopping areas. Several of the areas have added waterways to add to the character of the area. We already have a waterway at our disposal. Patience is a virtue. This is not the best you can do. Hold out for the vision of Huntington Beach that includes the southeast. Edward DeMeulle <ed@demeuile.org> 9 Dapkus, Pat From: Shirley[sswagerty@socal.rr.com] Sent: Sunday, January 08, 2006 8:51 AM To: dsullivan@surfcity-hb.org; gcoerper@surfcity-hb.org;jhardy@surfcity-hb.org; kbohr@surfcity- hb.org; hbdac@hotmail.com; cgreen@surfcity-hb.com; dhansen@surfcity-hb.org Cc: city.council@surfcity-hb.org; citycouncil@surfcity-hb.org; Pat Dapkus; Cathy Fikes Subject: Water Treatment Facility Dear Huntington Beach City Council Member, My husband and I are long-term residents of HB. We have never become involved with political issues, (other than voting in the elections)yet I have increasingly felt the need to get involved in this city council decision, and it is because I am very concerned by what I am reading. In the past, I have trusted your overall judgment. Sometimes there have been less-than desirable end results, but this is not a perfect world. We are not on either end of the two groups that keep getting mentioned regarding HB growth vs. environmental issues and we have no formal ties or agendas other than living in HB and enjoying it. Yesterday(Saturday, January 7, 2006)we received another mail flyer to promote the HB water treatment facility. I really do not appreciate its bias. It is a very slick and crafty piece of PR. It suggests that I contact the Council and tell them I support the HB water treatment facility. I can skeptically embrace the"benefits"and"guarantees (over a 30-year period of agreement)," however the issue before the City Council is no longer endorsing a water treatment facility,which it imparts, it is awarding the contract to Poseidon for the facility via a vote on the CDP/CUP. It is also interesting that Poseidon's name is not mentioned anywhere on the two-sided propaganda. And how any of you could possibly even consider Poseidon a viable option is beyond my comprehension. I feel ridiculous telling you that its only track record in this venue was/is a disaster(regardless of all the excuses, etc.) Bottom line is FAILURE. Poseidon should stick to what it is good at, and the Council should pursue a company with a successful history in this specific type of facility. That is my big issue of concern.A secondary issue is that the last information I read stated that Costa Mesa will not allow the passage of the pipe along their roads. I have not heard any alternative plan,just an optimistic quote that suggests CM will change its mind! I have never been to a city council meeting and have no desire to do so from the way it has been described in the HB Independent. I lead a busy life and question whether my attending the meeting on Mon. Jan. 9 would actually make an impact. What is my responsibility as a concerned resident? Thank you for reading this and recognizing that though I am one HB resident, my opinions and concerns are shared by others. If these opinions and concerns are based on incorrect information, my frustration is increased, as I have attempted to research this issue thoroughly. Sincerely perplexed, 10 cz. �P t' Shirley Swagerty 714-964-0678 11 Dapkus, Pat From: Sonne Idelshon [sonnate1 @cox.net] Sent: Saturday, January 07, 2006 8:56 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: E-MAIL ON SALINATION UP-DATE MY E-MAIL "NO DESALINIZATION RESPONSE 1/07/2006-8:45 PM WAS MISSING MY HOME ADRESS: 22848 WILLARD AV LAKE FOREST,CA. 92630 1 C wD t sa'�. tit U I?P�J�►� Page 1 of 1 Dapkus, Pat From: Jimccarty@aol.com Sent: Thursday, January 05, 2006 2:45 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Dear Council Members, I have been a resident in southeast Huntington Beach for more than 20 years. We already have the SCE plant and the Water Reclamation plant. My neighbors and I are very skeptical of the Poseidon Desalination proposal and its impact on our neighborhood. Information I have learned indicates that this same venture in Florida was unsuccessful. If this were such a great idea,why aren't other coastal cities eager for such a plant? Please consider the fact that residents in southeast Huntington Beach are against the Poseidon proposal. Thank you, Jim McCarty 21851 Seaside Lane Huntington Beach, CA 92646 1/9/2006 0 PPvs c D Dapkus, Pat From: W carro112@aol.com Sent: Wednesday, January 04, 2006 7:54 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Desal I am against the desal plant. I have been a residense of HB for 26 yrs and we do not any more polution in our back yard. Sign w illiam Carroll i Dapkus, Pat From: jon atkinson Datkinson0428@yahoo.comj Sent: Wednesday, January 04, 2006 7:22 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Hello I own a home on White Horse Ln. I oppose subject as we don't need the polution, noise, water, wasted energy etc. I only know of one buyer for the water this plant produces and it is NOT Huntington Beach. Why should we continue to ruin our coastline for something that we don't need?? Please, vote against this project. Yahoo! Photos Ring in the New Year with Photo Calendars <http://us.rd.yahoo.com/mail us/taglines/photos/ *http://pg.photos.yahoo.com/ph//page?.file=calendar splash.html&.dir=>. Add photos, events, holidays, whatever. z to L-PV 1— Uvn M(ASO, Page 1 of 1 Dapkus, Pat From: Fred Barla [FBarla@socal.rr.com] Sent: Friday, January 06, 2006 5:19 PM To: RFRD@hbdesalfacts.org Cc: city.council@surfcity-hb.org; Pat Dapkus; Cathy Fikes Subject: Poseidon Project Dear Madams/Sirs: First let me state that I am against this Project In reviewing the details t have been available for study! Second it would appear that many of the Projects that our City over the years has imposed upon us have been less than thought out in the Bidding, Selection of Contractors, Implementation and Funding much less "Completion Bond Posting". The Sports Center comes to mind most recently. If the City is "Hell Bent" on having a Desalination Plant is there only one company willing to Construct the Facility and make it worth "OUR/HB's" while? In approximately 40 years in the Corporate Business world I have never seen a company (or be it a City Government) have only one Contractor willing to Bid for a Project. As we know Competitive Bidding (Competition to clarify for some people) generally yields the best results if conducted correctly. Last but not least, if the Council (over the Residents wishes) votes to go ahead with the Project I certainly hope (and we should insist) that a Completion Bond is posted by the Contractor (any Contractor much less the Poseidon Com"any with their track record)! Respectfully, Fred L. Barla 10152 Birchwood Drive Huntington Beach, CA 62646 Meredith Gardens - 40 Year Resident cc: Huntington Beach City 1/9/2006 L 0 PP u S 4+J Page 1 of 1 City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 11:55 AM To: City Clerk Intern Subject: FW: Desalination -----Original Message----- From: Payne, Laurie Sent: Monday, January 09, 2006 11:55 AM To: Flynn, Joan Subject: FW: Desalination -----Original Message----- From: cndy jimenez [mailto:cjimenez@socal.rr.com] Sent: Monday, January 09, 2006 11:41 AM To: webmaster@surfcity-hb.org Subject: Desalination We want to say that we are opposed to the Desalination plant in our city. We do not believe that this is in the best interest of our cities future. Thank you, Marty and Cindy Jimenez 20392 Dublin Ln b-1 - (--,9 V L-1-y-re Q'U MM U'fo CR�0�1 1/9/2006 U PP•S FROM :JIM MORENO FAX NO. :714 8923939 Jan. 09 2006 02:40PM P2 ]im Moreno 15262 Stanford Lane Huntington Beach, CA 92647 (714) 892-3939 January 9, 2006 Honorable Mayor Sullivan City of Huntington Beach Dear Dave, I am concerned about the vote your council will be taking tonight that, if approved, would provide a Conditional Use Permit (CUP) for the development and construction of the proposed Poseidon Desalination Plant in the Southeast portion of our fine city. I recently received a flier encouraging support for this project. There was no name According to the information provided indicated on the flier for Poseidon. P specific Ind g 5,000 Huntington Beach residents favor this project. If this is the case then "one quarter of one percent" wants this project. Therefore, there must be a greater number opposed. Further, many realtor organizations are listed in favor of this project. Clearly, it will allow for more growth in the county through development where water is not plentiful and problematic. Growth In such terms means more tax revenue to other cities, and what do we have to deal with? There will be a much greater chance of pollution in our ocean and the loss of millions of dollars in tourist business. In terms of a benefit analysis I suggest you vote against a CUP to protect our ocean and let developers find their water resources elsewhere. Monies from extensive inland development will not help Huntington Beach's revenue stream. The risk to our city, on the long term, could be too great, as compared to citys' receiving the water, and whose only responsibility will be to dig up streets and provide distribution systems. I also think your Council has to take a long and hard look at the track record of the company proposing this project. Our city should not be recorded in the history books as one that was involved in a project that has soured and polluted the ocean. This project gives the residents of Southeast Huntington Beach another black eye. Thank you for your time and please give this matter your close and careful consideration. If you have any questions please call. Sincerely, JI Moreno C: Honorable City Council Members i1mmoreno0earthlink.net P.O. Box 3745 • Huntington Beach, CA 92605-3745 (� 0 I,—'� �"�— O Lo C..f�!'i✓ \-.C?'r'l�M WJ�eh�clvJ I��{�aS��� City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 1:36 PM To: City Clerk Intern Subject: Fw: POSEIDEON DESALINATION PROJECT -----Original Message----- From: Bernice S. Malkin To: JFLYNNQSURFCITY-HB.ORG Sent: Mon Jan 09 13 :09:33 2006 Subject: POSEIDEON DESALINATION PROJECT AS A CONCERNED RESIDENT OF HUNTINGTON BEACH, I WISH TO REGISTER MY STRONG OPPOSITION TO THE PROPOSED DESALINATION PROJECT. HERE IS ANOTHER PROPOSAL TO "MUDDY OUR WATERS" . PLEASE VOTE "NO. " BERNICE S. MALKIN 1 Page 1 of 1 City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 2:42 PM To: City Clerk Intern Subject: FW: Poseidon Desalination Vote -----Original Message----- From: Susanna [mailto:srprentice@earthlink.net] Sent: Monday, January 09, 2006 2:33 PM To:jflynn@surfcity-hb.org Subject: Poseidon Desalination Vote Huntington Beach City Council Members: We urge you to vote to stop the Poseidon Desalination Project.As 30 year Huntington Beach homeowner residents we are convinced that this project will not benefit our community in fact,we are concerned that it may harm our city. Jim &Susanna Prentice 1/9/2006 PPuS Mr.&Mrs.Mortimer P.Shea � `'//��//l�s f i�d/lam !</nE�/c- S I7 9121 Kapaa Dr � I� Huntingtn Bch CA 92646 !a !+ �l� Q� / (i v /10, Co •�/C C_ ,¢�� C�1�.2 Cv a0a ,D �oN��rCN/ri/c�� Ov,L �15,���aToy�L ®� ��-.4•,iT,�✓J �Sei0p„J ��if�L.lN,�%iorJ /�-o,��c j 1 A off/ - t G 0 / v file Of !t o r;,,v ------. -7-63a Ol � d��rS L �- � •3 L-e ILIJ; ter- _ lL►'`S C���� �i'OT.e /VO LAJ lZur- C, f ( 3 0 fir azeA - �Q,or�sew n --,�, P�• 41ws, /, aU � tee Page 1 of 1 City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 3:31 PM To: City Clerk Intern Subject: FW: Poseiden -----Original Message----- From: John D. Howell [mailto:jhowell@socal.rr.com] Sent: Monday, January 09, 2006 2:45 PM To: jflynn@surfcity-hb.org Subject: Poseiden I am opposed to the Posidon project. Most cities that would have a great beach area would not permit adding more industry to the shoreline.We should be trying to remove the power plant and allow that area to be developed by a resort which would enhance the area rather than cheapen it with industry. Think long term! John Howell 20321 Bancroft Circle Huntington Beach 1/9/2006 C��puS17 Page 1 of 1 City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 3:32 PM To: City Clerk Intern Subject: FW: Desalination plant -----Original Message----- From: linda [mailto:rguite@socal.rr.com] Sent: Monday, January 09, 2006 3:06 PM To: jflynn@surfcity-hb.org Cc: citycouncil@surfcity-hb.org Subject: Desalination plant Dear jflynn and city council members: I hope our no vote will be counted tonight when the city council votes on the poseidon desalination plant. We have sent some council members an email hoping for a no vote, however I decided to call up the city and was told if I wanted it counted tonight to e-mail to ms.flynn and carbon copies to city council so here it is We would like a no vote on this desalination plantThank you Linda and roy guite at rguite@socal.rr.com 1/9/2006 CJ P P o S�> City Clerk Intern From: Flynn, Joan Sent: Monday, January 09,2006 3:59 PM To: City Clerk Intern Subject: Fw: NO on Poseidon: -----Original Message----- From: The Adams To: dhanson@surf-city.org; gcoeper@surf-city.org; kbohr@surfcity-hb.org; jflynn@surfcity- hb.org Sent: Mon Jan 09 15:58:39 2006 Subject: NO on Poseidon: Tonight the Poseidon issue will be decided after months of inquiry. The water plant requires the AES plant to be on line. You will be pressing for them to upgrade their plant and it my cause them to abandon the power plant. The alleged revenue enhancements were proved false at the previous counsel meeting where we learned that the city would not receive revenue from the further industrialization of our area. The new streets will be a necessity since they will be tearing up our major streets for a couple of years while they install their pipes. The issue of pollution was argued both ways. It appears evident that if they do not operate the Poseidon plant, nothing further will pollute our waters. There was no argument made to counter the dismal past of this group of owners. They do not have a success track record, rather a trail of failed ventures with others picking up the tab. I have appeared in all the meetings. My family and neighbors urge you to please remember the vision of HB as a beautiful destination not as an industrial site. Please VOTE NO on the Poseidon Project and pursue the upgrading of the power plant to be in conformity with all pollution and coastal regulations. we are counting on your votes. Guy Adams, 9021 Bermuda Drive, HB 92646 1 Page 1 of 1 Dapkus, Pat From: Joanfclark@aol.com Sent: Monday, January 09, 2006 3:01 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon vote Please do the responsible thing and vote against another intrusion in our city-vote against the Poseidon project-the difficulties still unresolved in Florida are reason enough for a no vote but there are quality of life issues that are equally important. 1/9/2006 0.� Page 1 of 1 Dapkus, Pat From: linda [rguite@socal.rr.com] Sent: Monday, January 09, 2006 2:47 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: desalination plant Dear Mr Mayor and city council members We hope you al will vote against the Poseidon desalination plant. Thank you Linda and Roy Guite 1/9/2006 ��a Page 1 of 1 Dapkus, Pat From: Nancy Buchoz[nanbuchoz@earthlink.net] Sent: Monday, January 09, 2006 2:42 PM To: city.council Cc: Pat Dapkus; Cathy Fikes Subject: No on Poseidon Hello Council Members: My name is Nancy Buchoz and my family has lived in Huntington Beach since 1976. My cross streets are Magnolia/Hamilton. I am writing to you begging you to not approve the Poseidon project. I have written before and thanked some of you for not approving it earlier and my reasons for that have not changed. Quality of life in Southeast HB would be so adversley impacted that I feel this project is too burdensome for our city and the residents it will affect. The fact is that there are thousands of people who do not want this project to happen. The other fact is that there are still many unanswered questions whether it is safe or not. Also, other facts are that we have currently a safe local water supply. We also have many areas of our city that we can enhance to bring in revenues such as run down strip malls ( Atlanta/ Beach) Magnolia /Garfield,m ) and countless others up and down the city. Would it hurt to research it more, and wait until better technology comes up so we don't harm the oceans or have to tear up the streets for years on end??? What is the rush? I don't understand. It is too burdensome on the residents of Southeast Huntington Beach. Please oppose the permit. Man of the citizens of Huntington Beach do not want another industrial business in this area. We Y 9 i have enough. I strongly oppose this project and sincerely hope you listen to the thousands of people who are counting on you to do the right thing. To some of you who promised to represent us in SHB, please keep your word. Please, P please, lease................. Vote NO on Poseidon. Nancy Buchoz nanbuchoz@earthlink.net 1/9/2006 a PP,k Message Page 1 of 2 Dapkus, Pat From: Glenn &Janet Danglen@peoplepc.com] Sent: Monday, January 09, 2006 2:51 PM To: sehbna@yahoogroups.com Cc: city.counciI@surfcity-hb.org; Pat Dapkus; Cathy Fikes Subject: Re: [sehbna] E-mail John, Vegas would have an easy time making book on which Council members Poseidon have in their hip pockets. The fabulous four have no interest in the future of HB. They follow the money because that's where they think they will be able to follow in Silva's steps and eventually get a park named after them. Maybe we would be better off to leave HB and join up with FV for the betterment of the community. At least - from what I've seen-they're not for sale at the cheap price four of our Council members are. Glenn -----Original Message----- From: John Scott<4johnscott@earthlink.net> Sent: Jan 9, 2006 1:14 PM To: sehbna@yahoogroups.com Subject: [sehbna] E-mail Great Work everybody! It is encouraging to see the responses that we have had from the residents of HB. Copies of emails sent to council members are still coming to SEHBNA on a regular basis. It is my belief that some members of our council have been muscled by political interests, and that despite the facts and resident's opposition, their loyalty is not to the people of Huntington Beach. If we fail to get a majority of the council tonight to oppose Poseidons plans for our air and ocean, we must see that in the November elections and elections following we have council members and city employees who are dedicated to the future quality of Huntington Beach and not to the interests of some east coast company. If Poseidon succeeds in this matter,it will just be the beginning of their effort to control the future of Huntington Beach. Tonight will tell us which council members stand with residents of Huntington Beach and which council members stand with outside political interests and this east coast company. Respectfully John F. Scott SPONSORED LINKS Southern Southern Southern california lawyer california wedding california mortgage Southern Huntington beach Southern california loan california personal injury mortgage broker lawyer 1/9/2006 -1 �--� --� Message Page 2 of 2 YAHOO! GROUPS LINKS ■ Visit your group "sehbna" on the web. ■ To unsubscribe from this group, send an email to: sehbna-unsubscribe@yahoogroups.com ■ Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. PeoplePC Online A better way to Internet http://www.peoplepc.com 1/9/2006 Dapkus, Pat From: Barry Repsher[brepsher@socal.rr.com] Sent: Monday, January 09, 2006 2:30 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Desalination Project Honorable Council Members, As a long time resident of the lower East-side and fond supporter of your"vision" of a "Huntington Beach Tourist Destination", I humbly request a NO Vote this evening. Power plants need to be up-dated and brought with-in EPA requirements. The existing power plant is far from being an "up-dated facility". With the not-so great track record of Poseidon so far, could this undertaking turn out to be a burden on our City? I'm sure, like myself, some of you have envisioned a Riviera of fine Hotels to welcome the tourist trade. There won't be any"tour buses" to view the Poseidon Project once it is built. Many of my neighbors and myself will be attending the Council meeting this evening. We are counting on the Council to support us like we have supported you. Good Luck Tonight! Barry Repsher. Seabury Resident i Dapkus, Pat From: kahu_mai@juno.com Sent: Monday, January 09, 2006 2:05 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Please Stop Poseidon Dear City Council, I am a local Huntington Beach resident, I beg you to please listen to me and the other residents who are OPPOSED to the Poseidon Desalination Project. I know that I am only a very, very small voice in this community, hopeful you will still listen & I have not in the past e-mailed or spoken out on my feelings of what the city is doing, but this concerns me enough that I must try and get my voice heard. I urge you to please oppose this project. Thank you, Danielle Legere Try Juno Platinum for Free! Then, only $9.95/month! Unlimited Internet Access with 250MB of Email Storage. Visit http://www.juno.com/value to sign up today! i Page 1 of 1 Dapkus, Pat From: smurph [rconway4@socal.rr.com] Sent: Monday, January 09, 2006 2:08 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: stop poseidon please vote no on the Poseidon Desalination project. 1/9/2006 O�PvS Page 1 of 1 Dapkus, Pat From: Curtis [cndstelley@peoplepc.com] Sent: Monday, January 09, 2006 1:15 PM To: HB City Council Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon -Just Vote NO! Importance: High We have lived in S E HB for 26 years. Based on the Poseidon boondoggle in Florida the company's track record is bad! The City will get dollars but weigh that against the safety and security of our ocean environment. No contest! VOTE NO! Curtis Stelley Diane Stelley 9422 Rambler DR Huntington Beach CA ono as/9/2006 C a el Page 1 of 1 Dapkus, Pat From: Elahraf@aol.com Sent: Monday, January 09, 2006 1:00 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Fwd: For a better future ---Please Vote NO on Poseidon FYI From Hadeel K. El-Ahraf Student, University of California , Irvine 21572 Kanakoa Lane, Huntington Beach, CA (714)963-3292 1/9/2006 Page 1 of 1 Dapkus, Pat From: Firmin D. Boul [firmin@mcbreo.com] Sent: Monday, January 09, 2006 1:14 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Huntington Beach Water Treatment facility Please vote against the Conditional Development Permit/Conditional Use Permit for the above project. This is not the time to approve such a project without a vote from the community. As much as the proponents speak to the revenue producing ability of such a project they fail to point out that the costs eventually rest on the consumer/tax payer. There is no"free lunch". I talked with a resident of Santa Barbara, a community that built such a facility and they stated that the city has never used the water treatment facility. I believe there is other technology on the horizon that will make the cost of water treatment a lot less expensive in the future. We need to wait and see before jumping into such a project. Thank you for your consideration. Firmin Boul 16961 Coral Cay Lane Huntington Beach, CA 92649 (714)230-3607 Fax: (714)230-3709 ------------------------------------------------------------------ CONFIDENTIALITY NOTICE: This communication contains proprietary business information, including procurement-sensitive, confidential data, all of which is the sole and exclusive property of Michaelson, Connor& Boul, Inc. Unauthorized disclosure or use of this communication or any data contained herein is prohibited, and unauthorized use shall result in legal action for damages. If you have received this communication in error,please delete it and contact the sender immediately. -------------------------------------------------------- 1�— --1—p l.o '11u� 1/9/2006 Page 1 of 1 Dapkus, Pat From: Carolyn Ross [gardengirl01 @hotmail.com] Sent: Monday, January 09, 2006 12:42 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon To my City Council Members, This is my second email to you regarding this issue. I want to once again urge you to not allow Poseidon in our community. Our coastline is our city's most valuable resource. Do not allow it to be used in this way. Do not sell out one part of our city to benefit another. Our city does not need this water and from what I have read, no one else has shown interest in purchasing it. The AES plant pollutes Southeast Huntington Beach and this will only make it worse. Thank you for your attention, Carolyn Ross 21612 Polynesian Lane Huntington Beach 1f9/2006 �aStd� Page 1 of 1 Dapkus, Pat From: Armijomca@aol.com Sent: Monday, January 09, 2006 12:29 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: POSEIDON -VISION The Honorable Mayor and City Council, strongly OPPOSE your vote to APPROVE the"Poseidon Project". Try to remember, You serve the people of HUNTINGTON BEACH on the City Council of Huntington Beach, not private interests or Newport Beach, Laguna Beach, Seal Beach, or any other Orange County city. You may have had some campaign funding from them, but, they did NOT elect YOU! The citizens of Huntington Beach did as I recall! If you take a vote to APPROVE and adopt the"Poseidon Desalination project"you will be abusing of the empowerment WE, THE CITIZENS OF HUNTINGTON BEACH GAVE YOU to represent OUR voice and VISION for the benefit and good of ALL OUR COMMUNITY in the city of Huntington Beach. Our voices opposing your approval will not go awayfl we hope each and every one of you will remember, you are serving at the will and pleasure of the citizens of Huntington Beach to make decisions to protect our beautiful Huntington Beach, improve our beautiful city, not to trash and assault our neighborhoods, add more waste to our precious beaches and coast with more blight and toxicity to detriment of our children, wildlife, water and community. You were not elected to serve the will and benefit of all the other cities in Orange County or Florida. If you vote to approve this "Poseidon Project"YOUR legacy to the detriment of people who live in Huntington Beach. It is time to start working for the good of Huntington Beach, not outside interest! Have you recently given some thought about the issues we now are facing e.g., eliminate the present blight, pollution, save the health of our citizens and children. Huntington Beach is NOT the dumping ground for every crazy"project"or scheme of outside interests. Haven't you heard, Huntington Beach is not for"SALE"! Maybe, your YES vote will enhance YOUR political gain for YOUR political future, and maybe NOT. We will make sure YOUR VOTE follows your political future! For the record, the citizens of Huntington Beach have a remarkable memory, (without naming those in office at the time) recalling the mistakes of former councilmembers, i.e., condos built on "sand, and "off the sand too, councilmembers property zoning changes for self-gain, blockbuster schemes to enhance public employees retirements and some other embarrassing legacies from past Councilmembers! Make no mistake, your vote to APPROVE this scheme, is a matter of public record, but more importantly, your name will forever be memorialized as"Anti-Huntington Beach" if you are sell Huntington Beach out to the highest bidder for your personal political gain! Vote NO on the"Poseidon Project" TODAY! Marion Armijo 21621 Hanakai Lane Huntington Beach, CA 92646 714-968-7749 1/9/2006 Dapkus, Pat From: william derksen [derksen@hotmail.com] Sent: Monday, January 09, 2006 12:28 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Memers of the City Council, Please vote NO on the proposed Poseidon project. This project in no way benefits the city of huntington beach, since i live in the proposed are, the impact to the residents are many and the benefits are non existant. Bill derksen 1 PP Proposed Desalinization Plant Page 1 of 1 Dapkus, Pat From: Susan Willauer(SWillauer@bixbyranchco.com) Sent: Monday, January 09, 2006 11:50 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Proposed Desalinization Plant Members of the Huntington Beach City Council: As a long-time resident of the southeast area of Huntington each, I strongly urge the City Council to vote NO on the proposed desalinization plant. This project will most certainly add to existing ocean pollution problems which are already impacted by the AES plant and OCSD sewage treament facility, and threatens to reduce the quality of life for area residents. The Poseidon Resources Corporation does not offer a good tract record for those who have already been subjected to years of road disruptions and property damage from incompetently managed construction projects. As elected representatives charged with providing the leadership to protect the quality of life for your constituents, I urge you to consider the ramifications and detriment to the southeast area of Huntington Beach and vote NO on this project. Thank you for your consideration, Susan Willauer 9532 Smokey Circle Huntington Beach, California 92646 II n31 1/9/2006 M\t t. �ay. U P(ulk Page 1 of 1 Dapkus, Pat From: Len [leonard.zusman@verizon.net] Sent: Monday, January 09, 2006 11:09 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes have been a resident of H.B. for the past 41 years. I live near the old mud dump and the electrical plant. I feel that us who live on southern most on H.B. are getting the short end on the stick. We do not need another plant of any kind especially a Desalination plant. Please vote no on this issue. A proud citizen of Huntington Beach. Marlene Zusman 21602 Kaneohe Ln. 1/9/2006 P�� City Clerk Intern From: Flynn, Joan Sent: Monday, January 09,2006 4:27 PM To: City Clerk Intern Subject: Fw: Poseidon Project -----Original Message----- From: Budman321@aol.com To: jflynn@surfcity-hb.org Sent: Mon Jan 09 16:26:36 2006 Subject: Poseidon Project Sorry this is so late, but we only got the flyer an hour ago. My wife and I are AGAINST the Poseidon Project. It failed in Florida years ago and they still have not successfully made the system operational. Please pass this request to vote against the project to the city council. Thank you. Charles and Suzanne Rosen 21041 Beckwourth Circle HB 92646 Esparza, Patty From: Flynn, Joan Sent: Saturday, January 07, 2006 9:04 AM To: Esparza, Patty Subject: Fw: HB H2O -----Original Message----- From: David Womble To: jflynn@surfcity-hb.org Sent: Fri Jan 06 20:14 :46 2006 Subject: HB H2O As an 18 year resident of Huntington Beach, I wanted you to know that I support the desalinization facility. David Womble 5821 Price Drive Huntington Beach 714-846-2890 David Womble dwomble@earthlink.net EarthLink Revolves Around You. Page 1 of 1 City Clerk Intern From: David Hoskins[dhoskins@socal.rr.com] Sent: Saturday, January 07, 2006 8:13 PM To: jflynn@surfcity-hb.org Subject: Water Treatment plant Please vote to support the proposed water treatment facility. I believe it will be a boon to HB and all of our residents. Long term water availability is going to become critical considering the current situation with the Colorado River water and the need for something more than well water. I strongly urge this privately financed project be approved. We built a concrete pier when many said it was unnecessary. Water is necessary and we need it everyday. Thank you. David R. Hoskins 19555 Woodlands Lane Huntington Beach, CA 92648 1/9/2006 Esparza, Patty From: Flynn, Joan Sent: Saturday, January 07, 2006 9:02 AM To: Esparza, Patty Subject: Fw: Upcoming City Council Meeting -----Original Message----- From: Donna Little To: jflynnCsurfcity-hb.org Sent: Fri Jan 06 21:20:44 2006 Subject: Upcoming City Council Meeting pls approve the Desalinization Facility for the following reasons: As you know, some of the many benefits include: * The facility will be a reliable source of 50 million gallons per day of fresh water; a hedge against the economic consequences of drought or other possible disruptions to our water supply. * The facility will ensure there is a sufficient supply of safe drinking water - under local control - to meet demands and be available in times of emergency or water shortage in our community. * The facility will pay approximately $2 million in taxes that will benefit schools, firefighters, police, healthcare, libraries and transportation. * The facility will create hundreds of direct and indirect jobs during the construction period. * The area surrounding the facility will be improved - with streets repaved, sidewalks created and new trees planted. * No cost to the city or taxpayers; with private enterprise putting up the money and taking all the risk. As an owner of a vacation home in Big Bear - I know what drought conditions can do. If we want to have Huntington Beach become a destination city - this is the best plan to handle the visitors to our city each year. Thank you Donna Little 17132 Pacific Coast Hwy #202 Huntington Beach, CA 92649 Donna Little http://goodsamclub.mytripjournal.com/LittleChristmasinJapan2005 cell: 562-533-0548 fax: 636-533-2769 Esparza, Patty From: Flynn, Joan Sent: Saturday, January 07, 2006 9:02 AM To: Esparza, Patty Subject: Fw: Re Proposed HB Water Treatment Facility -----Original message----- From: Harvey & Helen Levin To: dsullivan@surfcity-hb.org; gcoerper@surfcity-hb.org; cgreen@surfcity-hb.org; dhansen@surfcity-hb.org; kbohr@surfcity-hb.org; jhardy@surfcity-hb.org; jflynn@surfcity- hb.org Sent: Fri Jan 06 21:20:52 2006 Subject: Re Proposed HB Water Treatment Facility I recommend that you favorably consider the proposed HB Water Treatment Facility on Monday, January 9 when this important project will brought up for a probable vote. it will be a definite asset for the city and for the county. Harvey Levin 8566 Sierra Cir. ##911-D Huntington Beach, CA 92646 1 Esparza, Patty From: Flynn, Joan Sent: Saturday,January 07, 2006 9:01 AM To: Esparza, Patty Subject: Fw: Boeing Embedded Software Engineer Support.... -----Original message----- From: XFilesDWD@aol.com To: dsullivan@surfcity-hb.org; gcoerper@surfcity-hb.org; dcook@surfcity-hb.org; cgreen@surfcity-hb.org; dhansen@surfcity-hb.org; kbohr@surfcity-hb.org; jhardy@surfcity- hb.org; jflynn@surfcity-hb.org Sent: Fri Jan 06 21:41:16 2006 Subject: Boeing Embedded Software Engineer Support. . . . 2 due support the project and the benefits of the HB Water Treatment Facility. David W. De Guise Boeing Embedded Software Engineer January 06, 2006 Dear Friend: Over the past few months, your critical support has taken the city of Huntington Beach one step closer to receiving the many benefits of the proposed HB Water Treatment Facility. Next week we face our final critical council meeting regarding the future of this project. Please join us Monday, January 9 th at 6:OOpm at Huntington Beach City Hall and let the council know once and for all why this crucial project is needed in our community. Please RSVP to 714-754-1234 if you or anyone else plans to attend the meeting. As you know, some of the many benefits include: * The facility will be a reliable source of 50 million gallons per day of fresh water; a hedge against the economic consequences of drought or other possible disruptions to our water supply. * The facility will ensure there is a sufficient supply of safe drinking water - under local control - to meet demands and be available in times of emergency or water shortage in our community. * The facility will pay approximately $2 million in taxes that will benefit schools, firefighters, police, healthcare, libraries and transportation. * The facility will create hundreds of direct and indirect jobs during the construction period. * The area surrounding the facility will be improved - with streets repaved, sidewalks created and new trees planted. * No cost to the city or taxpayers; with private enterprise putting up the money and taking all the risk. Send a message ahead of time to the Huntington Beach City Council and e-mail your support to each council member before attending the Council meeting on Monday night. Mayor Dave Sullivan dsullivan@surfcity-hb.org Mayor Pro Tem Gil Coerper gcoerper@surfcity-hb.org Council Member Debbie Cook dcook@surfcity-hb.org Council Member Cathy Green cgreen@surfcity-hb.org Council Member Dan Hansen dhansen@surfcity-hb.org 1 -w _� Council Member Keith Bohr kbohr@surfcity-hb.org Council Member Jill Hardy jhardy@surfcity-hb.org City Clerk Joann Flynn jflynn@surfcity-hb.org 2 Esparza, Patty From: Flynn, Joan Sent: Saturday, January 07, 2006 9:00 AM To: Esparza, Patty Subject: Fw: (no subject) -----Original Message----- From: Cmflyby@aol.com To: jflynn@surfcity-hb.org Sent: Fri Jan 06 22:18:33 2006 Subject: (no subject) Please make a way for the water project to happen. Thank you, Mike Archambo HB resident 42 years 1 Esparza, Patty From: Flynn, Joan Sent: Saturday, January 07, 2006 9:00 AM To: Esparza, Patty Subject: Fw: H.B water treatment facility -----Original Message----- From: JAMENE TRAUTMAN To: dsullivan@surfcity-hb.org CC: gcoerper@surfcity-hb.org; dcook@surfcity-hb.org; cgreen@surfcity-hb.org; kbohr@surfcity-hb.org; jhardy@surfcity-hb.org; jflynn@surfcity-hb.org Sent: Sat Jan 07 00:29:50 2006 Subject: H.B water treatment facility 19 bubble-gum Jpg I just wanted to let you know that I support the building of the facility and here are some of the reasons why; As you know, some of the many benefits include: * The facility will be a reliable source of 50 million gallons per day of fresh water; a hedge against the economic consequences of drought or other possible disruptions to our water supply. * The facility will ensure there is a sufficient supply of safe drinking water - under local control - to meet demands and be available in times of emergency or water shortage in our community. * The facility will pay approximately $2 million in taxes that will benefit schools, firefighters, police, healthcare, libraries and transportation. * The facility will create hundreds of direct and indirect jobs during the construction period. * The area surrounding the facility will be improved - with streets repaved, sidewalks created and new trees planted. * No cost to the city or taxpayers; with private enterprise putting up the money and taking all the risk. Thank you for your time. Sincerely, Jamene Trautman Esparza, Patty From: Flynn, Joan Sent: Saturday, January 07, 2006 9:00 AM To: Esparza, Patty Subject: Fw: Poseidon -----Original Message----- From: Danetre@aol.com To: jflynn@surfcity-hb.org Sent: Sat Jan 07 03 :35:16 2006 Subject: Poseidon Ms Flynn, Please support the "Poseidon" Project, I believe this is very necessary to the future of Huntington Beach. Thank you, Edward Reynolds, 6211 Priscilla Drive Esparza, Patty From: Flynn, Joan Sent: Friday, January 06, 2006 7:58 PM To: Esparza, Patty Subject: Fw: HB Water Treatment Facility -----Original Message----- From: Rich Foster To: jflynn@surfcity-hb.org Sent: Fri Jan 06 18:50:21 2006 Subject: HB Water Treatment Facility As a resident of Huntington Beach I want to advise you of my support of the proposed HB Water Treatment Facility that will be before the city council Monday, January 9 th at 6:OOpm. I respectfully request you approval of the proposed facility. Thank You, Richard Foster Esparza, Patty From: Flynn, Joan Sent: Friday,January 06,2006 7:59 PM To: Esparza, Patty Subject: Fw: HB Water Treatment Facility -----Original Message----- From: MIKE MASTERPOLE To: jflynn@surfcity-hb.org Sent: Fri Jan 06 19:20:06 2006 Subject: HB Water Treatment Facility Dear City Council Member, Please let it be known that we support the plan for construction of the Huntington Beach Water Treatment Facility. Unfortunately we are not able to attend the meeting on January 9th. Michael and April Masterpole 10052 Dana Dr Huntington Beach, CA. 92646 714-378-0201 Dapkus, Pat From: Tom Stewart[tomstewart60@hotmail.com] Sent: Sunday, January 08, 2006 7:12 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: need this project now We need to plan ahead when it comes to water. Gov. Schwarzenegger just said we'll be getting new population equal to the number of three new cities the size of LA. We'll need the water from the desalinatian project. Schwarzenegger also said, about roads, that we didn't build them adn people came anyway. It's the same with water. People will come even if we don't plan. So plesae approve the desalinatian project. On the road to retirement? Check out MSN Life Events for advice on how to get there! http://lifeevents.msn.com/category.aspx?cid=Retirement 1 Fu(L-- Page 1 of 1 Dapkus, Pat From: David Kobel [David.Kobel@businessobjects.com] Sent: Monday, January 09, 2006 8:46 AM To: City.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: I support a yes vote on the Posiden Desal Plant As a resident of Huntington Beach, I support the construction of the desalination Plant David Kobel 20101 Imperial Cove Lane Huntington Beach, CA 92646 F-o if- 1/9/2006 Dapkus, Pat From: lindsayvee@collegeclub.com Sent: Sunday, January 08, 2006 6:59 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: For poseidon I jsut got a stupid flyer on my door step saying sebhna wants to stop poseidon. I am for Poseidon. I am also for: private enterprise more water tax money for the city please vote for poseidon. Lindsay Viers i Dapkus, Pat From: Teresa Bercher[groovy-hb@hotm ail.corn] Sent: Sunday, January 08, 2006 6:35 PM To: city.council@surfeity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: desalinization We need desalinization. Its the wave of the future. we need it for our kids and their kids. I grew up here and we need this. we learned all about the water needs in school way back when. I hope you approve this. We also need the tax dollars. do the right thing! T. Burcher Is your PC infected? Get a FREE online computer virus scan from McAfee@ Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963 1 I� - --�-- o Lo l.-AT.: �limn inn �- Dapkus, Pat From: Jessica Maddux Uessicarabbittoo@speedymail.org] Sent: Sunday, January 08, 2006 7:25 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: vote tomorrow I cant come to the meeting tomorrow, but I'm interested in this project. I thought it was a bad idea when you didn't approve it last time. I want to see it approved and built. *Water*Tax dollars * New streets whats not to like? * Jess Jessica Maddux jessicarabbittoo@speedymail.org http://www.fastmail.fm - The way an email service should be — .�--b ✓�.-!'ETC '�o,M M 1k} e" til 0 t� Page 1 of 1 Dapkus, Pat From: Steve Hollowell [hollowel@concentric.net] Sent: Sunday, January 08, 2006 10:13 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Saltwater Desalination Plant Dear Sirs: I am writing to let you know that I support the saltwater desalination plant that is going to be discussed at the 9 January city council meeting. When the poorly maintained dikes in northern California break during a heavy rain at sometime in the future and southern California's water supply is hopelessly contaminated with sea water, it will be nice to know that Huntington Beach has another source of drinking water to get us through the emergency. Steve Hollowell 8771 Burlcrest Drive HB, near Newland and Adams cr- 1/9/2006 �V�-- Dapkus, Pat From: Travis Spencer[trayspence@dbzmail.com] Sent: Sunday, January 08, 2006 7:19 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: posiedon just want to say i support you in approving the desalination plant. posiedon will pay a lot in taxes and we need that money. Totally for it! Travis Get your free email from http://mymail.dbzmaii.com Powered by Outblaze i Page 1 of 1 Dapkus, Pat From: Kay Stewart[kayjaycie@yahoo.com] Sent: Sunday, January 08, 2006 6:23 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Please support the proposed desal plant. I think it's a good idea with our water problems here in southern Cal. Respectfully submitted, Kay Yahoo! Photos Got holiday prints? See all the ways to get quality prints in your hands ASAP. 1/9/2006 Dapkus, Pat From: Phil Smith [rhino@socal.rr.com] Sent: Saturday, January 07, 2006 5:49 PM To: pdapkus@surfcity-hb.org; city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Poseidon Project Dear City Council Members: Though some rather vociferous people aren't, We are in favor of the Poseidon Project. Please vote to approve Agenda item D-1. Thank You, Philip and Judith Smith 19552 Ditmar Lane Huntington Beach, CA 92646 (714)964-1037 3 Esparza, Patty From: Flynn, Joan Sent: Monday, January 09,2006 8:56 AM To: Esparza, Patty Subject: Fw: Desalination Plant -----Original Message----- From: Michelle or Steve Marciniec To: jflynn@surfcity-hb.org Sent: Mon Jan 09 05:50:50 2006 Subject: Desalination Plant Dear Council City Clerk Flynn, I am writing to voice my support of the proposed desalination plant in Huntington Beach. I recently read that the city of Irvine expects growth of over 100, 000 new residents over the next 10-15 years. Additional infrastructure is needed to meet the needs of a growing population in Orange County. Southern California already imports a large percentage of its water, so it is appropriate to build facilities to help supply our water needs. I am a registered Professional Engineer in the State of California in the field of chemical engineering. I understand that the desalination plant is a reverse osmosis process that will not require any fired heaters that would emit pollutants to the atmosphere. Because of the intelligent selection of the site for the desalination plant, it probably won't even be noticed after it is built. Naturally there will be some small impact during construction, just as there is when homes and shopping centers are built. The sea water supply will come from the cooling water supplied to the power plant where the desalination plant will be sited. The only impact on the ocean will be an infinitesimally small increase in the salt content. I do support a clean ocean as I am an avid body boarder. I supported ending the waiver that exempted the county from full secondary waste water treatment because such treatment is appropriate to comply with the Clean Water Act and keep the ocean clean. I am in no way associated with Poseidon nor do I stand to benefit in any from the desalination plant, other than the benefit that everyone in HB will receive from increased tax revenues and that all Southern Californians will enjoy from increased fresh water supplies. I am writing because I am tired of a loud but ignorant minority continually shouting down any industrial development whatsoever. It's pretty sad that at the same time when consumers are suffering from high gasoline prices resulting to a large extent from the lack of domestic petroleum refining capacity, an innocuous facility such as a desalination plant has to go through such a contentious permitting process. How are new oil refineries going to be built in this country if we can't even permit a desalination plant on the site of an existing power plant in a conservative county? If current attitudes towards industrial development had existed 100 years ago, the standard of living in the United States would never have developed to the lofty level we enjoy today. I urge you to support the desalination plant. Sincerely, - C Stephen C. Marciniec 327 18th Street Huntington Beach 2 Page I of I Dapkus, Pat From: Michelle or Steve Marciniec[marciniecs@verizon.net] Sent: Monday, January 09, 2006 5:39 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Desalination Plant Dear City Council Members, I am writing to voice my support of the proposed desalination plant in Huntington Beach. I recently read that the city of Irvine expects growth of over 100,000 new residents over the next 10-15 years. Additional infrastructure is needed to meet the needs of a growing population in Orange County. Southern California already imports a large percentage of its water, so it is appropriate to build facilities to help supply our water needs. I am a registered Professional Engineer in the State of California in the field of chemical engineering. I understand that the desalination plant is a reverse osmosis process that will not require any fired heaters that would emit pollutants to the atmosphere. Because of the intelligent selection of the site for the desalination plant, it probably won't even be noticed after it is built. Naturally there will be some small impact during construction,just as there is when homes and shopping centers are built. The sea water supply will come from the cooling water supplied to the power plant where the desalination plant will be sited. The only impact on the ocean will be an infinitesimally small increase in the salt content. I do support a clean ocean as I am an avid body boarder. I supported ending the waiver that exempted the county from full secondary waste water treatment because such treatment is appropriate to comply with the Clean Water Act and keep the ocean clean. I am in no way associated with Poseidon nor do I stand to benefit in any way from the desalination plant, other than the benefit that everyone in HB will receive from increased tax revenues and that all Southern Californians will enjoy from increased fresh water supplies. I am writing because I am tired of a loud but ignorant minority continually shouting down any industrial development whatsoever. It's pretty sad that at the same time when consumers are suffering from high gasoline prices resulting to a large extent from the lack of domestic petroleum refining capacity, an innocuous facility such as a desalination plant has to go through such a contentious permitting process. How are new oil refineries going to be built in this country if we can't even permit a desalination plant on the site of an existing power plant in a conservative county? If current attitudes towards industrial development had existed 100 years ago, the standard of living in the United States would never have developed to the lofty level we enjoy today. urge you to vote to approve the desalination plant. Sincerely, Stephen C. Marciniec 327 18th Street Huntington Beach '-- 1 ,—C1 — O Lo 1/9/2006 2- Jan 09 06 02: 42p p. 2 ,4i s HUNTINGTON BEACH CHAMBERa. COMMERC January 9, 2006 Mayor Dave Sullivan and Members of the City Council City Hall Huntington Beach, Calif. 92648 Dear Mayor Sullivan: On behalf of the Huntington Beach Chamber of Commerce,I want to reiterate our support for the Huntington Beach Water Treatment Facility. The following positive reasons for this project have been stated many times: • The facility will generate substantial tax revenue and other economic benefits_ • The facility will create hundreds of direct and indirect jobs during the construction period and for operation and distribution in the future. • The area surrounding the facility will be improved with streets repaved, sidewalks created and new trees planted. • The facility will be a reliable source of 50 million gallons of water per day-- protection against the economic consequences of drought or other possible disruptions to our water supply. • No cost to the city or taxpayers; with private enterprise putting up the money and taking all the risk. • The City will maintain local control. For the above reasons, our Board urges support of the Huntington Beach Water Treatment Facility. Sincerely, c ddel es' ent Cc: City Adminstrator City Clerk 19891 Beach Blvd.,Suite 140 • Creating a strong local economy Huntington Beach,CA 92648 • Promoting the community (714)536_8088 • Providing networking opportunities (714)960-7654 Fax - Representing the interests of businesses with government www.hbchamber.com • Political action Page 1 of 1 City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 2:41 PM To: City Clerk Intern Subject: FW: New HB Water Treatment Facility -----Original Message----- From: Terry Ehlers [mailto:terry_ehlers@hotmail.com] Sent: Monday, January 09, 2006 2:32 PM To:jflynn@surfcity-hb.org Subject: New HB Water Treatment Facility I wanted to advise you that I am very much in favor of the new water treatment faciltiy being considered at this time. Please pass this along to the city council members. Thank you. Terry Ehlers 19415 Merion Circle Huntington Beach, Ca 92648 �-- � 1--� —c► 1, l...p�'i�" '�rw�w�►,.c�,.-�,.�,.s Fo ti-- 1/9/2006 Page 1 of 1 City Clerk Intern From: Flynn, Joan Sent: Monday, January 09, 2006 3:33 PM To: City Clerk Intern Subject: FW: My Support for this Treatment Facility -----Original Message----- From: WALTER REED [mailto:honeybunch1933@msn.com] Sent: Monday,January 09, 2006 3:31 PM To:jflynn@surfcity-hb.org Subject: re: My Support for this Treatment Facility Dear Joann, I cannot attend the 6:00 meeting tonight,but I am totally in support of the facility. We need this kind of water treatment,as Huntington Beach grows,it's water needs also grow. Acting now will guarantee good water supply's into the future. Yours Truly, Clara E.Reed i 1/9/2006 Page 1 of 2 Esparza, Patty From: Bazant, Denise Sent: Monday, January 09, 2006 8:12 AM To: Esparza, Patty Subject: FW: Poseidon OPA& Potential FREIR Deficiencies Importance: High -----Original Message----- From: Sharpe, Jean Sent: Monday, January 09, 2006 8:11 AM To: McGrath, Jennifer Cc: Bazant, Denise Subject: FW: Poseidon OPA&Potential FREIR Deficiencies Importance: High -----Original Message----- From: Joe Geever [mailto:jgeever@surfrider.org] Sent: Sunday, January 08, 2006 3:47 PM To: jsharpe@surfcity-hb.org; city.council@surfcity-hb.org Cc:jflynn@surfcity-hb.org; rroberts@surfcity-hb.org; Pat Dapkus; Cathy Fikes Subject: Poseidon OPA&Potential FREIR Deficiencies Importance: High Dear Ms McGrath and City Council Members: It is our understanding that the Owner Participation Agreement for the Poseidon Water Treatment Facility (Desalination Plant) is stalled from lack of a signed consent by AES. We also understand that there is some disagreement about the nature of the desalination facility and whether or not it is subject to the city's utility tax. Among other things, these disagreements point out the need for the City to see the agreement between Poseidon and the power plant operator. According to Council minutes from a few meetings ago, Poseidon apparently refused to provide a copy of that agreement when Councilmember Cook requested it. Without knowing the terms of the agreement, it's hard to know the full extent of potential impacts. For example, is the City being asked to unknowingly provide some type of electrical cost subsidy for the facility, and do other ratepayers have to make up the difference? Alternatively, is there a design change for the facility that allows greater energy efficiencies, but also requires a revised EIR? Poseidon has identified its expected annual electrical purchases to be about $16.8 million. If, as stated in the EIR, the facility is going to use 30-35 MW, the $16.8 million translates to about 5 or 6 cents per kWh, which is roughly half of any of the actual available prices we're aware of (which range from about 10 to 14 cents per kWh) . In the controversy over the utility tax, this electricity cost difference makes the debate between the tax on 5% or on 100% of Poseidon's water use a much larger issue for the City -- it's not just a difference of $50, 000 vs. $840, 000, but of $100, 000 vs. nearly $2 million. —0 L-0 44`p 1/9/2006 Page 2 of 2 Perhaps Poseidon has developed a remarkably efficient desal system that would cut energy use in half. We have recently become aware that Poseidon has a patented process to improve efficiencies by mixing the hot water from the generator's cooling system discharge with colder water that is diverted around the coastal generator. See: http://patft.uspto.gov/netacgi/nph-Parser? Sectl=PT02&Sect2=HITOFF&p=1&u=/netahtml/search- bool.html&r=1&f=G&1=50&col=AND&d=ptxt&sl=Poseidon.ASNM.&OS=AN/Poseidon&RS=AN/Poseido If this is the method Poseidon plans to employ to reduce energy demands, it raises new and significant issues regarding marine life impacts that were not discussed in the FREIR. For example, the marine life mortality attributable to the water being diverted around the generator's cooling system and mixed with the desalination facility's "feed water" is above and beyond the mortality identified in the FREIR. To be clear, if Poseidon plans to employ their patented method for increasing plant efficiencies, the FREIR is fatally flawed and once again needs to be revised and re-circulated. We request the City fully explore this question and determine whether or not Poseidon intends to utilize the methods identified in their patented process either now or in the future. Perhaps the agreement between AES and Poseidon addresses the full energy costs in some other manner. But, without knowing the details of Poseidon's plans, it is impossible to make an informed decision. Thank you for your prompt attention to this issue. We very much appreciate your efforts to provide full public disclosure of the agreements between Poseidon and AES, full disclosure and analysis of Poseidon's engineering designs and the associated environmental impacts, and full disclosure of the utility tax benefits or liabilities to rate payers that may result from this facility. Sincerely, Joe Geever Surfrider Foundation Southern California Regional Manager 8117 W. 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