Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Harriett Wieder Regional Park - Linear Park, Bolsa Chica Lin
04-08-96 05:03PI-4 FROM III TO CITY CLERK r' sr ice, - P02 APR-05-1g% 13%23 ERA DUNCAN LDS ALAMITOS t Diu r» Aptii 5, 199� / t, - To: Honorable Dave Sullivan '" City Council Members City staff Re; Orange County Regional Park on Sespoint(Hamet Welder Park) Two years ago we met many, many hours and many times with you to come to an agreement which all of us could live with regarding this ►inear park and to cover it with deed restrictions. Needless to say when we received your notice about the meeting we were ahookedi Just what does you word really mean? it must mean We Can't trust anything you vote on for it can be changed at your whlrn. You went against the word of the Planning Commission and voted Seapoint though to PCH even though we were told repeatedly by our builder and city planning no road would ever go through. Now you're going back on your word again. We in the Seacliff Coalition hired attomeys and yet you still broke the law by not having the city staff put into writing the deed restrictions voted on by the C.fty Council. , A passive linear park was considered most appropriate for the area, no chemicals to leak Into the wet land, an area for dogs, horses& children to run in a natural setting. The Polite dept, has a deaf ear to any of our complaints about the speeding, long parking, snd the noise on Seapoint. They say our houses should never be here anyway so they forget us, This Is our front yard! Children and pets run In the park area now, some ride Mites but soon some child is going to be killed on our Seapoint Speedway. We're keeping notes of all the times we call the police but to no avail and we will blest ail of you for your lack of concern when A happens. The worst part of all this mess is how we've learned to not trust the City Council and planning. It's been sad to see the extreme lack of integrity on your part. For those of us who are professionals and business people we would be in jail If we were as dishonest as you are. Please transfer all the dead restrictions agreed on in 1994 to County like you should have done 2 years ago. it's a shame we as professionals have been forced to watch and question your every move. We really don't have time to have to keep watch on you. or. & Mrs. Richard Dickinson 12221 Seabrook Or. Huntington Bench, CA. -o � z CA c7 r) N ;'orn"G � r r �7 04-08-96 05:03PM FROM I ' TO CITY CLERK 0/R / - f POI Tax&FinancialGroup f Robin J. Robertson �� j ti lai s-sb w BUeinwo t,ifo 8 Hoolth lnoltronpo lAM Not Blvd..rrl Estate Anplysis Hunting"Hrrrcb,CA l•itx 7/4/37f-5847 r..r Nert►n 0443170 . Xtginntd Xrp�rNurdriar of.• A11MUCY+av Uppar.tiax WA Rndrn Srhrt Nonb. 0.110111,dlianaatar FIN) April 03, 1996 Dave Sullivan, Mayor& The City Council of Huntington Beach 2000 Main St. Huntington Beach CA 92648 RE: The Harnett M. Wader Regional Park, . I have received the notice on the proposed restrictions to the deeds for the parcels of land to be transferred from the City of Huntington Beach to the County of Orange for the Harriett M.Wleder Regional Park. I have also researched the history of the project and understand that a portion of the communtiy is very vocal regarding this issue. I would like to express my opinion as a business owner located in this city and resident in The Estates which Is adjacent to the proposed site, I feel that incorporating the restrictions into the deeds Is far too restrictive and limits potential unknown future needs of the land.. These restrictions also require far too much structure and do not belong in a deed. I believe that the origional plan which was approved in 1989 with substantial advise through the citizens advisory committee should be adheared to. The children of this neighborhood and most of the surrounding area, have no area in which they may safely play. The park needs to have some turf areas as origlonally planned. With wise planning and careful design all types of uses can easily be incorporated Into the area. It is restrictions such as these that create gridlock In our progress. This park has been proposed, studied, revaluated, designed and redesiged since 1979. Lets just get it built so our children are not in college before it is completed! Sincerely, (f C-0 v1 Y ry Robin J. R be sonL9j•' J `O 6291 Momh ide Dr. l 't >,o Council/Agency Meeting.Held: �Llj--76 De erred/Continued to: L/ 2 proved onditionally Approved ❑ Denied City Clerk's Sign re Council Meeting Date: April 15, 1996 Department ID Number: CD 96-24 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or TL— PREPARED BY: MELANIE S. FALLON, Director of Community Development�� ,-� . RON HAGAN, Director of Community Services &-- fliq SUBJECT: Harriett M. Wieder Regional Park Deed Restriction and Neighborhood Park Issues (Continued from March 18, 1996) Ustatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On March 18, 1996, the City Council continued action on the Harriett M. Wieder Regional Park deed restriction and neighborhood park issues to April 15,I 1996 and directed staff to hold a public information meeting and advertise the item as a public hearing item for the April 15, 1996 meeting. Funding Source: Not Applicable. Recommended Action: Motion to: "A. Direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to be held in perpetuity for park purposes only and to include such language on future parcels to be transferred to.the ,County; and B. Direct staff to work with the County to incorporate two play areas into the Harriett M. Wieder Regional Park, through amendment of the Phase 1A Coastal Development Permit, General Development Plan or other appropriate means as determined by the City, County and Coastal Commission." it REQUEST FOR COUNCIL ACTION MEETING DATE: April 15, 1996 DEPARTMENT ID NUMBER: CD 96-24 Alternative Action(s): "Adopt the deed restriction language and direct staff to request that the County amend the deeds for parcels 101, 102, and 104 to incorporate the language; and direct staff to include the language on all future parcels transferred from the City for the Harriett M. Wieder Regional Park." Analysis: At the March 18, 1996, City Council meeting, the City Council continued action on the Harriett M. Wieder Regional Park deed restriction and neighborhood park issues to a public hearing on April 15, 1996. As directed by the City Council, staff held a public information meeting on Thursday, April 4, 1996, and invited property owners within 500 feet of the park site, and all interested parties (including members of the Citizen's Advisory Committee) to attend. The meeting was advertised through direct mailing (to property owners within a 500 foot radius, Citizen Advisory Committee members and mailing lists of prior park planning participants), posting of the park site, legal notice in the Daily Pilot and advertisement on the HBTV-3 Character Generator. Representatives of the County Harbors, Beaches and Parks, Community Services and Community Development presented an .overview of park planning efforts and the issues (as analyzed in the March 18, 1996 RCA; please refer to Attachment No. 1) followed by a question/answer period. Approximately 35-40 people attended the meeting. As a result of information provided since the March 18, 1996 City Council meeting, staff has slightly modified its recommended action regarding the incorporation of play areas. Staff is modifying its recommendation to be less specific as to the exact size and location of the play areas. In discussions with the County staff, City staff believes that these issues can be better formulated as more detailed planning occurs to revise the park plans to reflect the more "natural" character of the regional park. (Note: Any significant amendment to the General Development Plan, such as the one anticipated to result from this action, will be subject to approval by the City Council). Therefore, staff is recommending that the City Council direct: (1) the City Attorney to incorporate a deed restriction that parcels be held in perpetuity for park use; and (2) staff to work with the County to incorporate 2 play areas within the Harriett M. Wieder Regional Park, through amendment of the General Development Plan or other appropriate means, as agreed upon by the City, County and Coastal Commission. Environmental Status: Covered under EIR No. 521, for the Bolsa Chica Regional Park General Development Plan, prepared by the County of Orange. CD96-24.DOC -2- 04/08/96 1:50 PM REQUEST FOR COUNCIL ACTION MEETING DATE: April 15, 1996 DEPARTMENT ID NUMBER: CD 96-24 Attachment(s): City Clerk's age Number .................................................. 1 RCA on Harriett M. Wieder Regional Park Deed Restrictions and New Issues dated March 18, 1996 CD96-24.DOC -3- 04/08/96 1:50 PM . (3) 4/15/96 - Council/Agency Agenda - Page 3 [l. Several speakers in support of Art Center-Agenda Item F-1 (Arts Center) Z Speakers in support of senior services- meals on wheels, etc. 3. Several speakers in opposition to parking meters at Central library 4. Speaker opposed to meters at Art Center as would impact Main Street library S. Request that Council do all they can to get money back from state that state has taken that Council listen to those with suggestions and to cut bureaucracy. 6. . Problems on Seapoint Avenue- trucks, need for red curbing- noise and public nuisance abatement 7. Request that Mello/City lawsuit be settled 8. Speaker citing benefits to community of mobilehome housing on city demographics 9. Speaker opposed to California Regional Water Quality Control Board Waste Discharge Requirements for Migratory Waterfowl Project (Submitted public hearing notice of City of Newport Beach will adversely affect city. I C-1. COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS 1. Councilman Harman informed Council he had followed up Mayor's letter of support for the Senate Bill that would allocate one cent of sales tax to cities that would raise $222,000,000 for Orange County. 2. Announcement Re: 1st Annual Awards for DARE at Meadowlark and invited All C-2. CITY ADMINISTRATOR'S REPORT [1. Announcement of City Treasurer Vacancy -Deadline to fill and opportunity for interested persons to apply for position J [Z Planned adjourned Council meeting at Huntington Central Library re: Budget and City Council Goals and Objectives J D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing item is requested to complete the attached pink form and give it to the Sergeant-at-Arms who is located near the Speaker's Podium. D-1. (City Council) Public Hearing -Harriett Wieder Regional Park (Linear Park, Bolsa Chica Linear Park) -Deed Restrictions and Neighborhood Park Facility Issues (920.30) Public hearing for consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harriett M. Wieder Regional Park (formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation. 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Restrictions requiring completion of a comprehensive survey of archeological sites on the Huntington mesa; (3) (4) 4/15/96 - Council/Agency Agenda - Page 4 5. Restriction specifying the installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M. Wieder Regional Park, the Huntington Beach City Council is also being requested to give staff direction on the incorporation of minor active park facilities (such as tot lots and open play areas). * Letters to Council received from 30 children giving their reasons for being in favor of a park in which to play * Petition received from approximately 197 residents of the Estates at Seacliff requesting Council approval of an active park with recreational areas at the site across from their community;to have recreational facilities for all ages and lighting for safety concerns * Communication from Robin Robertson in opposition to the deed restrictions. * Communication from Dr. &Mrs. Richard Dickerson in support of the deed restrictions * Communication from Eileen Murphy dated 4/2/96 in favor of a passive park * Communication received 3/29/96 from The Steering Committee for The Seacliff Coalition requesting all of the deed restrictions agreed upon by Council in 1994 transferred to the county for all future development on the County Regional Park Recommended Action: 1. Direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to be held in perpetuity for park purposes only and to include such language on future parcels to be transferred to the County; And, 2. Direct staff to work with the County to incorporate two play areas into the Harriett M. Wieder Regional Park, [with remainder ofpark to remain passive (approximately 94% to relnahi)]through amendment of the Phase 1A Coastal Development Permit, General Development Plan or other appropriate means as determined by the City, Countyand Coastal Commission. [And] 43., [To urge County to revise the General Development Plan and prepare a First Phase Coastal Development Permit application] [6-1 (Bauer no)] (4) ATTACHMENT 1 Council/Agency Meeting Held: 3 Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sj&ature Council Meeting Date: March 18, 1996 Department ID Number: CD95-52 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL.MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON, Director of Community DUvelopmen?U� RON HAGAN, Director of Community Services SUBJECT: Harriett M. Wieder Regional Park Deed Restrictions and New Issues Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Pursuant to the May 2 and August 15, 1994 direction of the City Council, staff has been working with the County of Orange to prepare deed restriction language to be incorporated into the deeds transferred from the City of Huntington Beach to the County of Orange for the Harriett M. Wieder Regional Park (formerly the Linear Park and the Bolsa Chica Regional Park). Since the City Council's prior direction several issues have arisen which may no longer make such restrictions appropriate or desirable to the City. Staff is requesting that the City Council only incorporate the deed restriction requiring that the park parcels be held in perpetuity for park purposes and direct staff to work with Orange County Harbors, Beaches and Parks to provide 2 play areas within the park. Funding Source: N/A Recommended Action: Motion to: "A. Direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to park purposes only and to include such language on future parcels to be transferred to the County; and B. Direct staff to work with the County to incorporate an approximately 2.7 acre play area in front of the interpretive center area and to identify another play area in the portion of the park along Edwards Street into the Harriett M. Wieder Regional Park, through amendment of the Phase 1 A Coastal Development Permit, General Development Plan or other appropriate means as determined by the City, County and Coastal Commission." �,- y-is . 96 Cl Alternative Action(s): "Adopt the deed restriction language and direct staff to request that the County amend the deeds for parcels 101, 102, and 104 to incorporate the language; and direct staff to include the language on all future parcels transferred from the City for the Harriett M. Wieder Regional Park." REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 Analysis: BACKGROUND: On May 2, 1994, the City Council approved Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 for Phase 1A of the Harriett M. Wieder Regional Park. (See Attachment No. 2: Resolution of Approval for Phase 1 A). As part of the approval, the Council requested that the City Attorney investigate the possibility of incorporating restrictions in the deeds for park parcels transferred from the City to the County. To protect the park, the City Council requested that deed restriction language be developed to require the following: 1. That the parcels be held in perpetuity for park use; and 2. That landscaping on the parcels be restricted to native vegetation. However, in June of 1994, before the deed restriction language had been drafted, the deeds for Phase I parcels were transferred to and recorded by the County. (Please refer to Attachment No. 5 for park boundaries and park parcels transferred/yet to be transferred from the City to the County). On August 15, 1994, in response to public testimony, the City Council directed staff to consider additional deed restrictions and to pursue incorporation of the restrictions into the deeds of the transferred parcels. The additional restrictions consisted of the following: 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Completion of a comprehensive survey of archeological sites on the Huntington mesa; 5. Installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park. 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. City Council and City and County staffs, met to discuss the appropriateness of imposing the above terms through deed restrictions. All parties concurred that provisions (a) requiring that the parcels be held in perpetuity for park use; (b) requiring that the property be used solely for passive recreation, with an emphasis on native vegetation for wildlife habitat enhancement and nature interpretation; and (c) requiring adherence with State and Federal archaeological protection laws and regulations; could be included in deed restrictions, but that the other issues were more appropriately handled through conditions on permits (such as entitlements). CD95-52.DOC -2- 03/07/96 8:06 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 NEW ISSUES: Since the that meeting, several issues have arisen which may make the deed restrictions inappropriate or undesirable to the City. These issues deal with the Coastal Commission's role in the park planning process, a change in County position due to the bankruptcy, and demands for more active park uses in the area. These issues are explained in greater detail below. Coastal Commission Role In November 1995, City staff learned that the Coastal Commission had yet to approve the entire Regional Park plan (i.e., the General Development plan). In the City of Huntington Beach, the process is that once the City adopts a plan for properties located within the Coastal Zone, the City submits the plan for Coastal Commission approval. Unlike the City, the County does not have a certified Local Coastal Program for the area. Therefore, any approvals for portions of the park which are not located within the City of Huntington Beach are required to obtain Coastal Development Permits directly through the California Coastal Commission. In light of this, the County's policy is to use the General Development Plan only as a guideline for park development and to seek approval of each increment of the park independently as funding for development becomes available. The significance of this is that the Coastal Commission has not yet reviewed or approved the General Development Plan for the park. The park crosses over City and County boundaries, and includes approximately 66 acres within the County's jurisdiction and is subject to Coastal Development Permit approval directly from the Coastal Commission. (Of the 66 acres, approximately 13 acres are part of parcels which are to be transferred - from the City to the County.) City staff met with Coastal Commission staff who expressed concerns with the City putting deed restrictions on the properties prior to Coastal Commission's action on plans for portions of the park within its jurisdiction. Coastal staff indicated that they probably would not be opposed to very general restrictions that held the property for park use, but were opposed to any restrictions (such as does dictating planting materials/herbicide use, fencing type, or paving, etc.) that would restrict the Commission's authority to approve park facilities that fall within its jurisdiction. County Position Since the prior meeting between City Council, staff and County staff, the County has indicated that its position on accepting deed restrictions has changed. Due to the County bankruptcy, the County is reluctant to accept any property with deed restrictions which limit the County's control over the property. CD95-52.DOC -3- 03/07/96 8:06 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 Incorporation of the deed restrictions on the remaining property, may effect the County's willingness to accept the property. This could further hamper development of the park. Neighborhood Demands for More Active Park Facilities (Quimby Act Issues) The incorporation of deed restrictions which limit the entire 106 acre park area to native plant area will preclude the City and County's ability to provide even minor turf and play areas in the park. These types of facilities include the tot lots and open turf areas for playing catch or picnicking that were supported by the City Council in its October 1992, resolution supporting the Bolsa Chica Regional Park General Development Plan. (Please refer to Attachment No. 3: Recommending to the Board of Supervisors Certification of Environmental Impact Report No. 521 and Approval of the Bolsa Chica Park Boundary and General Development Plan). The provision of local park functions in the park was also briefly referenced in the original 1979 agreement between the City and County for acquisition and development of the Harriett M. Wieder Regional Park (formerly the Linear Regional Park). (Please refer to Attachment No. 4: Agreement between the City and County for acquisition and development of the Linear Park). Staff believes that there is a demand for these types of facilities in the Regional Park area, as the nearest park play areas are located in Huntington Central Park and two mini-parks on Palm Avenue; both are located more than 3/4 mile away which exceeds the policy of the General Plan that recommends that neighborhood park facilities be located within 1/2 mile of the residences they serve. Additional park facilities are planned for the greater Holly-Seacliff and Ellis-Goldenwest areas which may serve future residents adjoining the park area. Although a total of four (4) future park sites are planned to be developed in the Ellis-Goldenwest Specific Plan and Holly-Seacliff Specific Plan areas, these park sites are primarily oriented toward providing park facilities for future development in these areas and are located in excess of the half mile service area for Seacliff residences along Seapoint Street. It has been brought to staff's attention that some of the adjoining neighborhoods prefer the incorporation of some more active uses in the regional park as well. In addition, the Department of Community Development received a copy of a letter from David S. Porter, representative of the Estates at Seacliff Homeowners Association, relaying a concern that the City's approval of"passive uses" for the regional park may be inconsistent with the provisions of the Quimby Act under which some of the park parcels where dedicated to the City. (Please refer to Attachment No.1) The letter also transmits the Homeowner Association's position to pursue that 2.69 acres of the park be designated to uses that conform to the neighborhood park requirements of the Quimby Act that include active facilities. At the time of preparation of this report, the City Attorney was still looking into the City's obligations under the Quimby Act for providing more active park uses in the regional park. A legal opinion on this issue shall be available at the hearing. CD95-52.DOC -4- 03/07/96 8:06 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 The County has been working with the homeowners association and Community Services Department to look into potential alternatives to address the neighborhood's concerns. The County has created two alternative plans for providing tot lots and open play areas in the vicinity of the Interpretive Center facility so that the play area can take advantage of the restrooms and parking areas proposed for the facility. The County will be providing information on the alternatives at the meeting. Staff has met with representatives of the homeowners association to discuss these issues. Homeowners in support of the play areas prefer the location of the tot lot/play area in front of the Interpretive Center Site, along Seapoint Street. Staff will also be meeting with the parties that supported the deed restrictions to bring them up to date with these issues. This meeting was not yet held at the time of preparation of this report. (Note: The Community Services Department has indicated that there is also a similar need for play areas in the Edwards Street area of the park. However, no alternatives for play facilities have been developed in this area since it is located in a later phase of the park and is currently primarily surrounded by undeveloped land. The recently designated park site in the Ellis-Goldenwest Specific Plan area will provide a park within the half mile of future development of this area). Staff Recommendation Staff understands the City Council's concerns in protecting the property for park use and believes that the County and Coastal Commission would be amenable to common deed language which restricts the parcels for park purposes. However, staff recommends that the City Council not pursue the deed restrictions regarding planting materials, herbicide/pesticide use, archaeological surveys, fencing type, grading, paving and volunteer coordination. These issues can be adequately addressed and enforced through conditions of approval, as appropriate, on each phase of park development without overstepping the City's jurisdiction or risking County acceptance of the park parcels. Staff believes further that the demand for play areas is likely to increase as new development occurs in areas in the immediate vicinity of the park (such as the "Bluffs" area of the Holly-Seacliff Specific Plan, located along Edwards Street and the Surfcrest and Oceancrest projects at Palm and Seapoint). The incorporation of restrictions on landscape type will limit the City from providing more active play areas which it may find desirable in the future. The tot lot/play areas are minor "active" uses and can be provided within the 106 acre park in a manner that is safe and compatible with the primary natural emphasis of the park. Provision of the facilities will help to meet neighborhood demands for more active use and CD95-52.DOC -5- 03/07/96 8:06 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 will help to address questions regarding the City's compliance with Quimby Act requirements, whether or not the City is legally required to provide "active" play areas. Incorporation of the tot lot play areas may require an amendment to the Coastal Development Permit for the first phase (1A), or amendment to the General Development Plan. The appropriate process for incorporating the play area will be determined by the City, County and Coastal Commission once the location and type of facilities have been identified. Staff recommends that the City Council direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to park purposes only and to include such language on future parcels to be transferred to the County. Staff also recommends that the City Council direct staff to work with the County to incorporate an approximately 2.7 acre play area in front of the interpretive center area and to identify another.play area in the portion of the park along Edwards Street into the Harriett M. Wieder Regional Park, through amendment of the Phase I Coastal Development Permit, General Development Plan or other appropriate means as determined by the City, County and Coastal Commission. Environmental Status: Covered under EIR No. 521, for the Bolsa Chica Regional Park General Development Plan, prepared by the County of Orange. Attachment(s): City Clerk's Page Number • 1 Letter from David S. Porter(dated September 29, 1995) • 2 Resolution No. 6592 of the Huntington Beach City Council Approving Phase 1A of the Bolsa Chica Regional Park (Coastal Development Permit#93-28 and Conditional Use Permit#94 IZ, 3 Resolution No. 6434 of the Huntington Beach City Council Recommending to the Board of Supervisors Certification of Environmental Impact Report No. 521 and Approval of the Bolsa Chica Park Boundary and General Development Plan (Including map of General Development Plan). 4 November 27, 1979 Agreement Between the City and County to Acquire and Develop the Linear Park. 5 Harriett M. Wieder Regional Park-City parcels transferred or yet to be 3 . transferred to the County of Orange CD95-52.DOC -6- 03/07/96 8:06 AM ATTACHMENT 1 NOSSRMAN GUTHNER KNOX Fax:714-975-1321 Oct 16 '95 14:46 P. 03iO4 Fie�et$�a 8� Poa�a A LAW CORPOMATION 110 PINE AVENUE, IIM FLOOR T[LLX 284540 FPKLAW UR TELECOPIEP(310)432.5399 POST OFFICE SOX 2&686 LONG 89ACM, CALIFORNIA 90001.3686 (310)435-5626 • '-4 September 29, 1995 Gail Hutton, Attorney at Law Office of the City Attorney P.O. Box 190 2000 Main Street Huntington Beach, California 92648 Re: Park dedication for Estates at SeaCliff Dear Gail: Enclosed is a copy of a Resolution of the Board of Directors for the Estates at SeaCliff. The Resolution officially confirms the Association's position with respect to the Linear Park and the Quimby Park dedication, and acknowledges that I may act to present this position to you, the City Council, and others. We are concerned that notwithstanding your July 28, 1995 memo to the Council, we have heard nothing from anyone at the City with regard to this matter. Both I and the Association would like to avoid legal action, but continued silence and inaction from the council eventually will force our hands. We sincerely would appreciate your efforts to prompt the Council to contact us as soon as possible to discuss this matter further. very truly yours, FI ER & P ER A w r tion D VID S. PORTER Enclosure cc: Mayor Victor Leipzig John Erskine, Esq. John Stillman, Esq. NU55HMHN bUtHNER KNOX Fax:714-975-1321 Oct 16 195 14:46 P. 04iO4 On September 14, 1995, at the regular meeting of the Board of Directors for the Estates at SeaCliff Homeowners Association, the following resolution was unanimously adopted: A. Whereas the Board believes that 2 .69 acres of land in the Linear Park were dedicated by the developer of the Estates at SeaCliff for purposes of establishing a neighborhood park under the Quimby Act; and B. Whereas the Board believes that the City of Huntington Beach and/or the County of Orange have planned uses for the Linear Park which do not meet the recreational park specifications for a neighborhood park under the Quimby Act; and C. Whereas David Porter, a _homeowner within the Estates at SeaCliff, has undertaken to investigate and pursue the park issue with the appropriate governmental agencies; BE IT RESOLVED that: 1. The Estates at SeaCliff want the Linear Park, and in particular the 2.69 acres of land dedicated by the developer for a Quimby Act neighborhood park, to conform to the neighborhood park requirements of the Quimby Act, which would include active facilities in the park to serve the recreational needs of children living within the Estates at SeaCliff. 2. David Porter is auth ized to present this position to any app opriate gove /e a nc s. Dated: DIRECTORS ARD OF ATTACHMENT 2 RESOLUTION NO. 6592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REAFFIRMING SUPPORT FOR THE BOLSA CHICA REGIONAL PARK AND APPROVING WITH CONDITIONS THE GENERAL DEVELOPMENT PLANS FOR PHASE IA OF THE BOLSA CHICA REGIONAL PARK (COASTAL DEVELOPMENT PERMIT NO. 93-28 AND CONDITIONAL USE PERMIT NO. 94-3) WHEREAS, the City of Huntington Beach and the County of Orange entered into an agreement dated November 27, 1979, providing for cooperation in specific terms for the development and operation of a regional park along the Huntington Mesa, connecting Huntington Central Park and Bolsa Chica State Beach, lying partially within City incorporated boundaries and partially within unincorporated County territory; and Said agreement provides that County will prepare a General Development Plan for the park in close cooperation with the City; and The County, with advice and assistance from City and City's appointed citizen advisory committee, has prepared a General Development Plan; and The City Council and County Board of Supervisors have approved the General Development Plan; and County needs City's approval'of a Coastal Development Permit and Conditional Use Permit prior to developing any portion of the park located within City's incorporated boundaries; and County has filed with City applications for a Coastal Development Permit and Conditional Use Permit (which have become numbered 93-28 and 94-3, respectively)for developing Phase IA of the Park; and City's Planning Commission on March 1, 1994, disapproved said permit applications with findings identifying unresolved planning issues in the Phase IA project as proposed by the County; and 1 4\s\Bolsa Chica Reg.Park\05/09/94 The matter was appealed to the City Council for further consideration; and The City Council considered the matter at a public hearing on April 4, 1994, continued the matter to May 2, 1994, and appointed a committee of three council members who met with representatives of the County, neighboring residents and other interested parties to clarify and seek to resolve the planning issues; and County's Director of Harbors, Beaches and Parks/Environmental Management Agency has participated in the meetings with the City Council committee and has agreed that certain changes in the park plan can be made to resolve project issues, if the City reconfirms the basic park objectives set forth in the November 27, 1979, City/County park agreement, and assists in implementing a revised park plan; and The Citv Council has taken testimony at the continued Public Hearing on May 2, 1994, and considered the Coastal Development Permit and Conditional Use Permit applications with the intent to resolve issues and facilitate implementation of the park as soon as possible, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1.. The City Council of the City of Huntington Beach does hereby reaffirm its support for the Bolsa Chica Regional Park and the cooperative agreement dated November 27, 1979, including the obligations of the City set forth in said agreement. 2. The City Council of the City of Huntington Beach reconfirms its support of the essential features of the park as set forth in the General Development Plan conceptually approved by the Council on October 19, 1992, including in particular the following proposed park features: continuous pedestrian, equestrian and bicycle trails connecting Huntington Central Park and Bolsa Chica State Beach; adequate off-street parking located convenient for regional park visitors; an interpretive center providing information and educational opportunities regarding the park, the adjacent wetlands and the cultural and historical resources of the area; revegetation of the site with native plants species designed for compatibility with the adjacent Bolsa Chica lowlands and 2 4V\Bolsa Chica Reg.Park\05/09/94 serving wildlife habitat needs; scattered benches, tables and vista overlooks to provide a modest amount of resting and picnicking opportunities for park visitors. 3. The City Council pledges its support and assistance in the acquisition of land necessary for the park and the efforts required to ensure that when the land is conveyed to the County it will be free of soil contamination and other encumbrances that would be deleterious to park development and use by the public. 4. The City Council hereby assures the County that it will not restrict parking along Seapoint and Palm Avenues in the vicinity of the Phase IA area of the park until County has constructed on-site parking in the vicinity of the existing gas plant site, adjacent easterly of the Phase IA project or before January 1, 1996, whichever date comes first. 5. CDP 93-28 and CUP No. 94-3 are hereby approved subject to the following conditions and in accordance with the further below stated findings: A. Conditions of Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3: 1. Development of the park shall minimize grading and land form modification to preserve the natural topography of the site. 2. Prior to the commencement of any grading in or near the ravine, the County.shall submit and obtain approval from the City Council for a plan showing the proposed extension of the existing drainage structure. Extension of the drainage structure shall be limited to the minimum extent feasible to provide adequately for trail continuity and safety for park users, but shall not exceed 190 lineal feet from the existing location. Plans shall specify detailed drainage for the area and new and relocated willow plantings as well as other vegetation proposed for the expanded and enhanced riparian/wetland habitat area and shall be presented to Council after 3 4\s\Bolsa Chica Reg.Park\05/09/94 review and approval by the Director of Community Development and the State Department of Fish and Game. 3. Prior to initiation of grading activities, the County shall contact the Department of Fish & Game to ensure that activities will avoid disturbances during the nesting period of any affected bird species. 4. The plant material indicated in the permit applications shall t modified to provide for native vegetation for enhanced Idlife habitat purposes to replace the proposed turf grass and other non- native vegetation in Phase IA. S. The County shall amend the proposed plant palette for Phase IA, received and dated December 6, 1993, by replacing any plant species on the palette which were identified in the December 30, 1993, memo from the Department of Parks, Trees and Land c,,ape as problem plants with more appropriate plant species identified therein. 6. A parking lot as proposed in the permit applications to be located within the Phase IA area shall be deleted in favor of a parking lot located in conjunction with the proposed interpretive center, adjacent easterly of the Phase IA boundaries, and it shall be designed and constructed as a Phase IB project as soon as practicable, but no later than January 1, 1996. 7. Only such security lighting as is determined necessary for public safety purposes by the City's Chief of Police shall be installed in the proposed park. Lighting shall be designed to minimize light and glare impacts on adjacent residences. 8. Reclaimed water shall be used for irrigation when available from a pipe extended seaward from Garfield Avenue by the city. 4 4\s\Bolsa Chim Reg.Park\05/09/94 9. County shall consider and, if determined feasible, implement a volunteer assisted planting program. 10. The applicant shall comply with all applicable mitigation measures identified in Final Environmental Impact Report No. 521 for the Bolsa Chica Regional Park. 11. Any expansion or alteration of the Phase IA development area or development components, other than addressed in this application, shall be subject to approval of a new Conditional Use Permit by the Planning Commission. 12. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall not become effective for any purpose until the Coastal Commission appeal period has closed and an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Division. 13. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall become null and void unless exercised within one (1) year of the close of the Coastal-Commission appeal period, or such extension of time as may be granted by the Planning Commission, pursuant to a written request submitted (with the appropriate processing fee in effect at the time) to the Planning Department a minimum 30 days prior to the expiration date. B. Findings for Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3. 1. The proposed design for Phase IA as revised conforms with the wildlife habitat protection, public access and public recreation policies of the California Coastal Act. 5 4\s\Bolsa Chica Reg.Park\05/09/94 2. The proposed design for Phase IA as revised is consistent with the plan's policies, requirements and standards of the City's Local Coastal Program. 3. The proposed design for Phase IA as revised is consistent with the CZ suffix designation and the base zoning district and other applicable provisions of the Huntington Beach Zoning Code. 4. The proposed design for Phase IA as revised properly integrates the proposed park uses in a manner sensitive to the surrounding residential properties. 5. The proposed design for Phase IA as revised includes temporary on-street parking to serve Phase IA visitors until permanent parking space on-site can be constructed as Phase IB of the Park. 6. The combination and relationship of proposed uses to each other in the Plan as revised are properly integrated. 7. The pedestrian and bicycle trail system will provide additional access opportunities in the Bolsa Chica area, while perimeter fencing will discourage human access into environmentally sensitive areas and minimize disturbances to wildlife. 8. Some filling of the drainage ravine may be necessary to eliminate the potential safety hazards to park users and to provide adequate trail separation, and the filling and modification of the rav;: will be adequately mitigated by the creation of an approximately .5 acre wetland enhancement area at the mouth of the ravine. 9. The vista overlook will provide additional visual access opportunities to the Bolsa Chica lowlands, while minimizing potential intrusions to wildlife habitat. 6 Ms\Bolsa Chica Reg.Park\05/09/94 9. The vista overlook will provide additional visual access opportunities to the Bolsa Chica lowlands, while minimizing potential intrusions to wildlife habitat. 10. The location, site layout and design of Phase IA as revised properly adapts the proposed use to existing streets, driveways and other adjacent structures and uses in a harmonious manner by maintaining existing circulation patterns and preserving view opportunities for residents on the opposite side of Sea Point Avenue. 11. The proposed design for Phase IA as revised does not include any habitable structure and will not require any infrastructure improvement to serve development and operation of this phase of park development. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of May , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City?attorney 9q 0y- �.54 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Co pity Development 7 4\s\3o1&a Chica Reg.Park\05/09/94 Res. No. 6592 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss:' CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members-of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of May, 1994,.by the following vote: AYES: Councilmembers: Bauer, Moulton-Patterson, Winchell, Leipzig NOES; Councilmembers: Silva, Robitaille, Sullivan ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT 3 RESOLUTION NO. 6A=.d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING TO THE BOARD OF SUPERVISORS CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 521 AND APPROVAL OF THE BOLSA CHICA PARK BOUNDARY AND GENERAL DEVELOPMENT PLAN WHEREAS, the Orange County Board of Supervisors executed Agreement 79-102 dated November 27, 1979 , between: the County of Orange, the Orange County Harbors, Beaches and Parks District and the City of Huntington Beach, Providing for cooperative planning and imple—mentation of the Bolsa Chica Regional Park; and EnViro n-nental .Impact Re-Dori: No. 521 and the related Bolsa Chica Regional Park General Development Plan have been prepared; and The County-of Orange Department of -arbors, Beaches and Parks was the lead agency in the preparation_ of the environmental impact report; and All persons and agencies wishing to respond to notice duly ; give_. have been heard by the County of Orange through written notice and such comments were duly noted and responded to in the Final Environmental Impact Report; and The City Council does hereby find t :at Finial Envircrimental Impact Report No . 521 was prepared in accordance with the California Environmental Quality Act and all Staff and local guidelines ; and Public hearings were held by the Huntington Beach Planning Commission in the City of Huntington Beach on September 1, 1992 and September 15 , 1992 to allow for public testimony on the 10/6/92 :364 : sg -l- ATTACHMENT NO, issues relating to the proposed General Development Plan of the Bolsa Chica Regional Park; and The Bolsa Chica Regional Park General Development Plan will establish a park boundary with an ultimate park site of 106 - acres with a minimum usable area of 71 . 5 acres suitable for human recreational uses to include open meadow area , picnic and play areas , scenic vista points , recreational trails of adequate width for equestrian, bicycle, and pedestrian uses , parking areas , a formal interpretive center and appropriate sL;Ypor %- faci lit Les ; and Thereafter , the City Council, after giving notice as prescribed by Government Code Section 65366 , held at least one public hearing to consider the proposed General Development Plan of the Bolsa Chica Regional. Park; and At said hearina before the City Council all persons desiring to be -heard on said General Development ---!an were heard . NOW, THEREFORE, BE IT RF SC_GCD, L: L the City Counci l of the City of Huntington Beach recommends certification of Environmental Impact Report No . 521 and approval in concept of the Boundary as established by the General Development Plan with the Formal Interpretive Center as shown in Exhibit A; and the following additional directions : Prior to any construction of the park, the County shall submit to the City of Huntington Beach Planning Commission for approval a detailed design plan showing proposed landscape materials (native and non-native) , layout of . 10/6/92 :364 : sg -2- picnic facilities and parking lots , and the footprint, height , bulk, size and operating program for any interpretive center. - Bicycle, pedestrian and equestrian trail systems should be designed to provide three separate trails. Joint bicycle/pedestrian trial systems should be avoired . Efforts to expand the Mari: boundary should be continued. - On street parking on Seapaint Street should not be removed until necessary as deemed necessary by traffic standards. Bike lanes should be provided on both sues of Seapoint Street, if Dossible, to provide an alternative bicycle route for higher speed bicycle traffic. That this action shall supersede any previous actions by the City Council pertaining to the Bolsa Chica Recional Park DeveloDment Plan and Boundary. 11/6/92 : 364 : sg -3- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lth day o f Crto�r 1992 . Mayor ATTE T: APPROVED AS TO FORM: City Clerk City Attorney %) 2- REVIEWED REVIEWED AND APPROVED: IN_Tir'.='iD i_ND +YPRGVED. City Administrator Director of Community Development 10/5/92: 354 : sg -4- r,ril.� r /tfiAIL rr I , �t..xesrr ' True.. Q 1, •.`�\' �.1 , ` _. •'\I'I./r ', �� �'"•`' rl- ;.�/\�� t anF(M a ►"'�: L1 ( �� - I r o.> :=: 1 `Yzz y�-��;., ".�... ,::,,__- �; ��, -_- �- --- °•lam "yrl- r. -Z``��,• �l� ,r a SK ,�`` � :' ':rJ1^iv�7 r #j�.� �• `~ 1 r n .I (': >" 1 I I , ��f r it 2'l�' \ •-1 t '" 5!. r.,'()lv-,�' � ill y � : �� . � �• ;�� '��' �'Z••.�'_`��,sX ;.. �y j II I. ,•`/1 y`,.,.r•.. .(�� I)J. 7.��\ _?�rt`� ' �( .'. \.•f\ � `'+' �• ?JJ•1�`� �� ;`L'fi` ,. r�(�1`` I��i' I r�n7r,1��,Fv.;e4 r'r- r • . �..• �•. +' `\� •� � �'1. � \ i 1 j �r , I r. ,� (f'�' :�,�.. �r'�1 .r/. :., .,_�``. /-,•lM� >?ti � �• '", r ��.)�9��}f� f,J.rr ��f;� )� (_� - i nl-°r-f r,Atc ,may �-. or�•nvc ,`" I Tikce �.- I ( ------------- -ir I n,� l 010 1_:.,_�rNrs•.^F�nve n.�,` I. V I lYt4�no- 1111� CI-lei /`�►�Yrvre n.�r n�c� ef+1^ rh eiWvc TIM tM1^a+ --- I f �) ONC-G'i7f/ . SJ�I'47Cr 1 1� Tme /y�CS— l E)i 11�L9 I CIF"T N`! E4 ?jur/1pl;e►� � � :l it A'cr,vTo Pf.,srrtl I �� 1br^ pe/�r 1 0I rlorY•ti /K - I—� 111-ce�-D r W^ /,Iva rlcn/r%'a �l 1 � � W:--nyrUP- L-OC,-V7 Nc-r7vr- F BOLSA CHICA REGIONAL PARK � 1 Res, No. 6434 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I , CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City .of Huntington Bench, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; V I a t the `oreaoi no reso l u t'!on was ;sassed and adcm,t e d y the E i r„ia zi ve vote of at least a majority of all the members of said City Council at a regu 1 ar meeting thereof held on the lg::-i day Of ()Ctober 92 by the fo i l owi na vote: AYES: Councilmembers: w Mr'•;ynn-�P�'1crC, r�� i i -� N ti s t�;�,c-�ell, S__-�a, GrEt., sac. _i�..,ter,Keily NOES.: Councilmembers: None ABSENT: Councilmembers: . None icy L Ierk ano ex-oT ici avL I er of the City Council of the City of Huntington Beach, California ATTACHMENT 4 { < -Y -No. 2A - THIRD PARTY i AGREL` ENT NO. 1) 79-102 A. G R_ E E M iE N T G I' 111IS AGRPKMj1;N1', r.�,,dc and (-:ntered into ttl day of I o .I ✓ '�— ------' 1979 , if; 4 �SY ANT) 1 5 COUNTY OF ORA,NCE, hcrcjnafter referred to as "COUNTY" 'S " OR NGE COUNTY HART CRS;, BEACHES AND PA :S DISTRICT, 1!erE'iTluftF.? !'•� referred to as "DI.STRIC%; 1 i AND 1 : THE CITY OF HUNT NGTO.; 1� hereinaf tar -referred to as "Clii" ol k F, C I _ A L S WFEKEA,S CITY has recomnen6ed chat DISTRICT acquire and devcloo a regional 1+� park along the Huntington XEs.Li connecting Huntington Ccratr-=l Park and Bolsa Chica St;to li peach as generally shows, on Exhibit A, attached hereto and by reference made a part of I i3it this Agreement, said area lying partially within CITY's incorporated boundaries and u 1� partially crithin COUNTY's unicorporated territory; and 20II WHERFA.S , DISTRICTT proposes to establish a linear region-al park in aad 21 , around the Bolsa Chica marshiand3 w`,ich would incorporate CITY's recommended F,untington 22 �� Musa site, said linear regional park concept being shoum generally on said Exhibit A; II 23 i; and I! 24 �i (+T!?ikEAS, pursuant to the California Coastal Act of 1976, COUNTY and CITY 25II are in the process of preparing Local Coastal Plans incorporating Land use pl.-ins and implementing, actions for coastal areas within their respective jurisdictions; and I� WHEREAS, COUNTY, DISTRICT :Jrw. CITY desire to determine park boundar.1es 28 and certain road alignments to facitir-ate coastal and park planning and expedite park ;1 i� 11 �1 land acquisitiun in the area including the conduct of hearings pursuant to the State of �I California 1'.arbors cud Navigation Code to determine if funds of DISTRICT should be 3jI expended to implement said linear regional park; and I 4 kf1:REAS, it is mutually advantageous at this time for COUNTY, DISTRICT I . 5 � and CITY to establish respective responsibilities for cooperative planning in the area, NOW, THEREFORE, IT IS AGREED by and between the Parties hereto as follows : 'i 1 . CITY sha-U: A. .Acquire Assessor's Parcel No. 110-014-51 as shorn on said 9 Exl,ibi.t A throuoh CITY's Local Park Ordinance and, within ninety (90) calendar days of I acquisition, offer to transfer title to said Parcel, except .`or any portion thereof 11 f which is found necessary for Edwards Street or. F:11is Avenue in the alignment studies 12. i .ralled for herein, to DISTRICT without cost to DISTRICT' as a contribution of land. for 13 hM ICT_ ' s -linear regional parka Said parcel shall be face and clear of encu;:brances Ad 'I I; which' would unreasonably interfere with its use .or park purposes. B. Conduct an engineering study of the horizontal and vertical i 16 alignments and right-of-way requirements for Edwards Street , Ellis Avenue, Garfield 17 Avenue and 38th Street as they fall within or impact the linear regional park study aver: 18 shown on said Exhibit A. Said engineering study shall be carried out in cooperation 19 � -Tith COUNTY and affected landowners and shall include consideration of all feasible 20Ii � alternatives. Upon coinp1etion, CITY shall present 'the study, along wit'n. appropriate 21 environmental documenth-tion, to CITY's Council for a determination of the corridor 22i alignments of said streets, which determination shall be made wit1li.n one-hundred and 23 eighty g y (180) calendar days of the date of this agreement. 21I C. Determine, as early as feasible in cooperation with CI11"s Local 25 Coastal Plan process, the extent and location of any nonpublic park or open space land use to be allowed within the coastal zone along- the edge of. Huntington Mesa from L7 I Huntington Central Park southwesterly to Bolsa Chica State Beach. 28 I /// Ili D. Within ninety (90) calendar days of being vacated, offer to 2 ( transfer to DISTRICT without cost to D_TS'iRICT or trada for DISTRICT lard on an 3 I approximate equal area or other basis :ohich is mutually acceptable to CITY and DISIRICT, j �I 4 CITY's rights to any vacated arterial or local street right-of-way, free and clear of I encumbrances which would unreasonably interfere with park use, as a contribution of land c for the linear regional park. �I Reimburse DISTRICT for land cost and acquisition expens` c h 3 � D13TRICT may incur in acquiring land within CITY's limits which CITY determines is �! _..a ..a . , Qrh r within 9 `cried or iuward� Stree�, Ellis nveruc, Garfield Avenue or 3� �. Street wi_. *1 thr ;I iG linear regional park area-, includi.n� land for cut and fill slopes. For areas 1,:1-ch are I ilot with,-in CITY's limits :fit the time of 'DIS7RICT's land Acruisition, CHIN shall .I - 12 DISTRICT for. said land needed fa.• said r.o;,ds within ninety (90) cal:+nca: days C1TY's a.11rexation Oi SUc.1 1 a n-S 1-4 F. Vigorously attempt to secure additior. l l nd :SOY contribution t'v -J d _'!;c :lil'.Car regional park tiirough iripi.c•7:lerltat�0:1 of CITY s Local Park, 16li in n1r1eL�' (90) c-i-andar days of acquisiticn, offer to transfer title to said lard to � it ^Y 17 r II �iSTRICT, t.e e and clear of encumbrances which would unreasonably b.>_ int_>.fEr-c witha i1t is use for pr,:•k purposes, as a contribution of land for the linear regional park. I£ it lI 19 i; ;)!;;*;RICT later finds all or Part of such contributed lands to be no longer nendcd wild 'I 20 takes action to dispose of same, DISTRICT shall give CITY the first opportunity to i . 21 ;! accept such lands at no cost to CiTy. ii i; G. Provide safety, Police and fire protection services to the linear I 23 regi.on.31 park areas which are within, or in the future become within CITI' s limits, I 24 .I ot: the snrin basis aiid levc.l of service a:; i!.; -u ovided elsewhere within CITY . I' 25 }i. Reimburse DISTRICT for its cost of all utility hoo'r:up and water a 26i sewer assessment fees related to the provision• of any CITY provided municipal utility li >,1 'i services to the linear regional park. 2$ .I 1I DISTRTC'f shall: I I ' 2 A. Pursuant to state and local law and DISTRICT Procedures, vigorously 3 pursue acquisition of Assessor's Parcel Nos. 110-014-52 and 110-01.4-53 as shown on said � II = I� Exhibit A for linear regional. park purposes and , if necessary, road purposes under the i 51� germs of Paragraph I-E herein subject to allowing the present ouTter and lessees to 6 {I continue operatioi, of the existing oil wells on the parcels for a period to be determined! 7 !� by DISTRICT up to the_ wells' remaining i:seful life. I I 3 ;! R. Upon detern;i.nation of the road alignments for Edwards Street, i 9 I Ellis Avenue, Garfield Avenue and 3£th Street by CIT'i, complete as nromtly as feasible I 10i a boundary study for the Huntington Mesa reach of the linear regional park together with 11 j� appropriate environmental decinnentation and circulate same for CITY :nd public co;nrent 12 jl pursuant. to the C:21i.fori;ia Environmental Quality Act and subsequeT:tl submit sa;;e to the 13 ij COUNTY, S Pin nnil;g col:!mission for af. ,-,.:al and L''iSTP.ICT s B^and J f S u'� C'rvisors for a . . park bot!ndar ; Said bo',!n;lary study shall identify and ov-n) uate, together •15 ij with alternatives w;ere appropriate, additional parcels for acquisition for the linear i 3.6 I regional park. 17 + i C. As early as feasibl-e subsequent to completion of the Huntington 18 � Mesa Reach boundary study, prepare a boundary study for the remaining areas of the I 791 linear regional park. 23 D. Prepare or cause to be prepared a General Development Plan for the i 21 linear regional park defining recreational facilities and uses to be developed. Said 22 General Development Plan shall be developed in close cooperation with CITY and maybe 23 developed in units or phases based on need as determined by DISTPICT. 24 E. Develop, operate and maintain said linear regional park land and i 25 facilities in accordance with DISTRICT's regional park policies and procedures, i including free public pedestrian access so that the regional park can also provide local. ' I I 27 park functions to the residents of the nearby area. 28 /// i i i J) , Ill. IT J.S MUTUALLY UNDERSTOOD AND AGREED: i I A. That COUNTY, DISTRICT and CITY shall cooperate fully in the i 3j p]_anning :and implementation of the linear regional pork <-in(] associated public works Oil projects .to the end that such facilities are reflected compatibly in COUNTY' s and i 5I CT.1'Y's Local Coastal Plans. G B. That all obligations of DISTRICT under this Agreement shall 7 �I terminate unless there -is a findin€ by. DISTRICT's Board of Supervisors at a public I� Ij 8 I hearing pursuant to the State of California Harbors and Navigation Code that the linear i 91I regional park is an authorized project of DISTRICT and that DISTRICT funds may be f( 1.0 eXpended for said project. I 11 C. That CITY shall be the Lead :.ger,cy pursuant to the California 'I i� 1'Z ,, 'Fnvi.ronr�ent-:.l. Qua3ity l;ct for acquisition or study activities called for to be Accor"plished by cliy t1hi:o Jigrc.e—tent. } �I ' ' c - L• pursuant o the California D. I'�st DISTRICT shah b� ,.h� cod �;;;c�ncti° purer• t ;I '15 ETI.Virormenttal Qual7ty Act for acquisition and study activities called for to be I� 16i accomplished by DISTRICT in this Agreement. 17 +� That COVINTY and CITY shall respective) be the Lead Agencies for II E. Y g 18 their Local Coastal Plans pursuant to the California Environmental Quality Act. I 19 F. That neither COMM or DISTRICT nor any officers or employees 201 thereof shall be responsible for any damage or liability occuring by reason of anything 21 � done or omitted to be done by CITY under or in connection with any work, authority or II 22 jurisdicition delegated to CITY under this Agreement. It is also understood and agreed 23 that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold 24i� COUNTY harmless from zany liability imposed for injury (as defined by Government Code 25I Section 810.8) occurring by reason of anything, done or omitted to be done by CITY under 16 or in connection with any work, authority or jurisdiction delegated to CITY under this 27 Agreement. 28 +I /// II 11 G. That neither CITY nor any officer or employee thereof shall be ' I 21i responsible for any damage or liability occurring by reason of anything done or omitted 3 � to be done by COUNTY or DISTRICT under or in connection with any work, authority or 4 I jurisdiction delegated to COUNTY or DISTRICT under this Agreement. It is also understood' j11 and agreed that, pursuant to Government Code Section 895. 4, COUNTY and DISTRICT shall I 6 fully indemnify and hold CITY harmless from any liability imposed for injury (as defined ;I H II by Ucvernm.Ent CoOe Section 81.0. 8) , occurring by reason of anything Gone or omitted ro I be done by CGU%iY or DISTRICT under or in connection with any work, authority or C jurisdiction delegated to COUNTY or DT.STRTCT under this Agreement. lt? i� H. That DISTRICT, as z:n entity governed by the Orange County Roard 11 of Supervisors, small rely upon the County o;: Grnnge Building Code for n1l. construction 12 Iuithin COUNTY unincorporated and CITY incorper_�tcd areas within the linear regional nark . y c r j T: r �t responsible all Plan b )I ,Tr.IC1' and its concess. anai_es and t.--at. D_. "f.I T �:,��- be re_ �n5:bie for a �.n II [heck, permit issuance, building code and construction inspection --t no cost to CITY. li 15 ii /// i 16 17 i I• 26I 21 22 i 24 25 26 ,I 27 28I //! I I IN WITNESS VHE'REOF, the parties hereto have executed this agreement on 2 the dates set forth opposite their respective signatures. 3 COLrnrt OF ORA Date By 4I Chairman c,f its Board of. Su er�cr: I� p 5 I CRANIGE COCA TY HARBORS, BEACHES AND PARKS DISTRICT it n D-. By���2�?�`���1�71 .1 ..— te:-- -- a� - .._. Chair;?;;,.r1 of its Board of Supervi.iov u I� A ATTES' lU Clerk of the 1Ba d of Supervisor:, TI ' of Orange Co ty, ra=iforni.a ^.d Orange Co;, ty Haruo, - , Beaches i 1� II and Par'.:_ District CI 'I Maycr iI I • 1 '5 1� ATTES•" 16 I' -Date:_- �� / By 17 7 City Clerk 13 itAPPROVED AS TO FORi•1: 1f3II ADRIA.NN KLYPER, County Counsel I) ORANGE COUNTY, CALIFORNIA 20 21 SIGNED ANDXIFIAT A COPY OF 22 By THIS DOCUM DELIVERED TO DeputyTHE CHE BOARD. 23 24 l� APPROVED AS TO FORM: CITY ATTORNEY 25 'i CITY OF HIJNTINGTON BEACH SIGNEU'pND CERTIFIED THAT A COPY OF e THIS DOCTHE CHAIRMAN OF THE ENT HAS BEEN BOARD. TO By 26 --� ---- T E �, cu,)"L4 JUNE ALEXANDER 28 II Clerk of the 803rd nt Supervisors C,:;;,)tv of 0!3110 . California ��^ti `�•t:. .'I'. J, ;. try '6 LL- �.`;�`!L1�ti�.�_��•j��1��t•,�. �,t ram.Trj�r�f'�'L�+�`�i•�.�'+ '��r •+•` ` � ,•'`. C'•�\ � 7• _�.' 0000 ago '14�f am loop NNW Ofi= CF:'- OIL _ \ _ \�•�f� f lJ.. C�� CON�E{J��"10l�1 • t Xx Ir _ r D ATTACHMENT 5 LEGEND ------ City Boundary ' ;: �'•� Regional Park Boundary ` %`- r �i ..�- Phase I Boundary CityParcels arce = Ellis City Parcels already deeded to Co. of Orange - icy � �':.{:<._. ,_.�.f_ -...�,!•I i ,-oIM WA �;mac• � "i i�. r x:J� �// "i I,j'3p , crfw o- s W y Garfield Avenue' 04 Oil Park B° r- iol ,�i\ '.is I%. ..5-� � ,� '•:'•••'•�i�'.. L;%r. i Phase 1A Boundary . �-yam✓� _,�- Harriett M. Wieder Regional Park huntington beach planning division 'AT�'A CH�IVIEN� #6 , � Page 21 -Council/Agency Minutes - 08/15/94 The amended motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (City Council) DEED RESTRICTION ON PARCELS TRANSFERRED TO COUNTY OF ORANGE - BOLSA CHICA REGIONAL PARK PHASE 1A-APPROVED (650.10) The City Clerk presented a communication from the City Administrator regarding deed restriction on parcels transferred to the County of Orange for the Bolsa Chica Regional Park. Communications that have been distributed to Council on the subject as follows: Sierra Club, Preserve Bolsa Chica Task Force dated July 12, 1994, Seacliff Coalition dated August 15, 1994, Jan Vandersloot regarding Upper Newport Bay dated August 15, 1994, three communications Robert E. Winchell, Huntington Beach Tomorrow, dated August 11, 1994 and August 12, 1994, Marcia Hanscom dated August 5, 1994, Robert Fisher, Orange County Environmental Management Agency, dated August 11, 1994, Harriett Wieder, Orange County Supervisor, dated August 10, 1994, Tom Matthews entitled Orange County Environmental Management Agency press bulletin dated August 15, 1994 and Executive Summary Bolsa Chica Local Coastal Program and three color illustrations of the Bolsa Chica 1993 Koll Land Use Plans for 2,500, 3,200, and 4,286 units. - The Community Development Director presented a staff report stating that on May 2, 1994, the City Council approved the Conditional Use Permit No. 94-3 and Coastal Development Permit No.'93-28 for Phase 1A of the Bolsa Chica Regional Park and requested that staff look into the possibility of incorporating deed restrictions requiring that landscaping on the parcels be restricted to native vegetation. On May 15, 1994, a request for legal services was submitted to the City Attorney's Office to provide information on the possibility of incorporating deed restrictions on the parcels to be transferred to the County for Phase 1A of the Bolsa Chica Regional Park. However, in June of this year the Council approved transfer of the subject parcels without consideration of the deed restrictions. Transmitted for your review is the City Attorney's determination regarding the implementation of restrictive deed provisions. The City Attorney-apologized for not being able to provide a legal opinion regarding the proposed deed restrictions due to the high volume activities and priorities in the last weeks. She stated that it was not the City Attorney's or Council's intention to approve a deed that did not contain these kinds.of restrictions, if legally possible and that it was regrettable that the deeds were presented to Council and approved without the restrictions. She stated that the city had grounds for reforming a deed if it was not the intent to grant that deed as presented and the city would also have grounds through litigation. She stated that the enforcement of conditions on Conditional Use Permits is not always as effective as the city would like it to be. She stated that the Coastal Commission also supports those kinds of conditions. Mayor Moulton-Patterson stated that the Coastal Commission agreed in concept but no conditions were put on. . Page 22 - Council/Agency Minutes -08/15/94 ' Councilmember Sullivan spoke regarding a letter from Robert Fisher, Environmental Management Agency dated August 11, 1994, and read from paragraph two which states: "(Please note, . however, that we readily agreed to deed restrictions committing the property to park and open space purposes for 50 years)." He stated that Mr. Fisher had stated at the last meeting regarding 'the park that he was willing to see if there could be some deed restrictions that would be ;agreeable to everyone. Councilmember Sullivan spoke regarding material distributed by Mr. Vandersloot regarding land in upper Newport Bay that contains deed restrictions. He stated that the Council needs to pursue the deed restrictions. He recommended redirecting staff to look at deed restrictions and meet with the county about it. In response to Councilmember Bauer's question, the City Attorney stated that the city could proceed with litigation to have the court decide if we were entitled to have the deed reformed. Councilmember Leipzig proposed the following: 1. Direct staff to pursue the deed restrictions that have been discussed. 2. Direct staff to base the format for these restrictions on those that were used in the Irvine Company transfer. 3. Deed restrictions should include all of the topics that have been discussed, restrictions included in the communication from the Seacliff homeowner's association dated August 15, 1994, restrictions included in the Sierra Club communication dated July 12, 1994, _ and any other restrictions that have been mentioned that are not included with in that list. The precise language of the deed restrictions to be worked out with Orange County Environmental Management Agency. 4. Return to the City Council with the precise language for final approval. 5. The Existing Council Committee on the Linear Park(Mayor Moulton-Patterson, Councilmembers Bauer and Leipzig) work with staff when appropriate. A motion was made by Leipzig, seconded by Sullivan, to direct staff to pursue deed restrictions on these Linear Park parcels with a structure to be based upon the Irvine Company transfer deed restrictions, that they include all the topics that have been discussed here this evening and in two written presentations to Council, that the precise language of those restrictions be worked out with the County Environmental Management Agency, that the City Council Linear Park Committee work with out staff and the county if appropriate and the precise language that is worked out be returned to City Council for final approval. Councilmember Winchell requested an additional restriction of a minimum use of pesticides and herbicides as suggested by a Sierra Club member during public comments. She also requested a review of the process that allowed the deeds to be approved without the deed restrictions directed by Council. The City Administrator stated that he would prepare a report to Council regarding the system that will be used so that it will not happen again. 21O�. Page 23 -Council/Agency Minutes - 08/15/94 The City Attorney stated that she is aware of'a number of new issues in addition to the issue of native vegetation. She read from minutes of the May 2, 1994 Council meeting. She stated that if Council increases the number of deed restrictions, it makes it more difficult to have the deeds .reformed. Councilmember Winchell stated that Council did not know what was appropriate in deed restrictions at the time, were ill informed as to what you could put in a deed restriction and were searching for that. She stated that the substance contained in the amendments to Resolution No. 6592 reflect what Council wanted on that property. Councilmember Leipzig requested that an additional deed restriction be added regarding archeological finds being returned to the city for educational purposes. Councilmember Winchell stated that the communication from the Sierra Club included a request for a comprehensive survey of all archeological sites on the Huntington Mesa. She stated that she wanted the land to be dedicated to park and open space purposes in perpetuity not just fifty years as stated in the letter from John Fisher. Councilmember Bauer stated that if the money for the park is spent on deed restriction such as archeological excavations, you will never have a park. Councilmember Winchell requested that the amendments to the original motion be made regarding a comprehensive survey of all archeological sites and after study return of any archeological materials or artifacts or information to the City of Huntington Beach to be used for educational purposes and that the land.be dedicated to park and open space in perpetuity. The amendments were accepted by Councilmember Leipzig. 'The City Clerk clarified the motion regarding no parking on the park property. :Councilmember Winchell stated that the parking issue was included in the Seacliff Homeowners communication. The.motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: Silva MOTION TO CONTINUE MEETING PAST 11:00 P.M. -APPROVED The Mayor announced the hour of eleven o'clock and to comply with Council resolution, asked for a motion to continue the meeting. RECEIVED x 603 - 21 st Street HiJN71HG Mh " ``` "' "''F Huntington Beach, CA 92648 MAR 18 +0 47 Arl 196 March 18, 1996 Dear Huntington Beach City Council Members, Regretfully I cannot be at the March 18 Council Meeting to speak to the issues before you on the Harriett Wieder Regional Park. The following are my comments and recommendations for your consideration. Having been party to input on the formulation of the 8 Deed Restrictions for the park, I am still in concurrance with their intent. That intent is to maintain this bluff top strip of land that is an intrinsic part of the whole Bolsa Chica as a natural area and be "developed" as a natural, passive park for the enjoyment and education of the public. The public has few coastal urban parks that are kept in a natural state. There are many, many benefits in keeping this land for a natural park. The educational value of this particular park ranks very high in the reasons to keep it natural. The possibilities to study coastal California's natural and cultural history are great. What with the overlook to the wetlands, the archaeological sites and the wildlife habitat it has a rare complex of attributes that belong not only to that strip of land but fits in with the entire Bolsa Chica. Keeping it as "whole" as possible makes it part of a much larger complex that has inestimable value as educational and recreational resource. So much of this kind of public resource has already vanished or is vanishing. This fact makes it even more imperative that we work to keep such a resource available for the future. I've witnessed 1 year old children enthralled and delighted with watching birds at the Bolsa Chica State Reserve area. I submit that one can seek out "tot-lots" at a number of sites, but to find a natural habitat so close at hand is a rarity, and affords as much recreational value in another manner. Countless hours of recreational enjoyment at watching the ever changing scene of wildlife habitat can be experienced in such a place. I recommend we "stay the course" in pursuing the work and thinking that already has been done to make this a visionary type of park that will be a tribute to our quality of life in the 21 st century. Let us resist the tempations to grade and turf grass the area, or put tot-lots in, or other non-passive recreational facilities that can be found in other locations. Thank you. Sincerely, P_ L a4e- CITY OF HUNTINGTON BEACH lea Vir INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO* Melanie Fallon,Director of Community Development From: Gail Hutton,City Attorney Subject: Design of Harriet Wieder Linear Park; RLS#96-105 Date: March 18, 1995 . BACKGROUND The city has designed the Harriet A ieder Linear Park(hereinafter the"Linear Park")to support passive recreation, emphasizing native vegetation, and including such uses as hiking,bicycling, horse riding,-.picnicking; nature study.and viewing. Some nearby residents have requested that . more active uses be provided as well,including turf areas, open-play space, and tot-lots. ISSN Does the Quimby Act require the city to provide active uses and play areas in the Linear Park? ..ANSWER No. ANALYSIS - In recognition of the ever increasing demand for parks and recreation in the State,the Legislature adopted the Quimby Act(now codified as Cal.Gov't Coale 66477). The Act provides that cities may adopt ordinances that require the dedication of land or the payment of fees in lieu thereof, or a combination of both, "for neighborhood and community park or recreational purposes" as a condition to the approval of a tentative map or parcel map. There are several conditions precedent to adopting such an ordinance, including: the land or fees may be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision that prompted the exaction(Section 66477(c));the city must have adopted a general plan containing a recreational element, and the park and recreational facilities must be in accordance with the principles and standards contained therein(Section &4:96memoxquimby 1 rls 96-105 /V aW2 66477(d));the amount and location of the land to be dedicated or the fees to be paid must bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision(Section 66477(e));and other requirements too lengthy to list herein. (See Attachment containing complete language of Section 66477 in its entirety.) We view Section 66477 to be an example of enabling legislation. It allows cities to adopt ordinances that exact property or fees for park and recreation purposes from developers who are seeking approval of tract or parcel maps. Section 66477 does not dictate what type of park or recreational facility shall be installed; or where it shall be placed. Rather,it gives cities the power to require the dedication of land or the payment of fees for parks or recreational purposes. The design, location, and intensity of use for the Linear Park are properly determined by the entitlement process. .So long as it follows the general guidelines found in the General Plan, the City Council(acting as the permitting agency)is given a great deal of discretion under the law to determine these matters. The design and uses allowed in a specific park is not something that the 4_ Quimby Act was intended to regulate. As a final matter, please note that"there is no requirement that facilities purchased with a particular contribution must be used only by the residents of the subdivision that made the contribution. The requirement is that the fee be used only for recreation and park purposes." (Wright Development, Inc., v City ofMountain View(1976)53 Cal. App. 3d 721; 125 Cal. Rptr. 723.) The vast majority of housing subdivisions in the city do not have a park;the argument that the residents of a particular subdivision are entitled to have their"own"park is without merit. Gail Hutton City Attorney cc: Honorable Mayor Sullivan&City Councilmembers Michael T. Uberuaga, City Administrator Ray Silver, Asst. City Administrator Paul D'Alessandro,Deputy City Attorney Julie Osugi, Associate Planner 2 &4:96memos:quimby rls 96-105 § 66477 SUBDIVISIONS Title 7 Div. 2 REQUIREMENTS § 66477 standard not to exceed 5 acres per 1,000 persons residing within a distributed and paid to the then record owners of the subdivision In subdivision subject to this section. the same proportion that the size of their lot bears to the total area - (1) The park area per 1,000 members of the population of the of all lots within the subdivision. city, county, or local public agency shall be derived from the ratio (g) O� the that the amount of neighborhood and community park acreage bears Y payment of fees may be required in subdivisions to the total population of the city, county, or local public agency as containing 50 parcels or less. shown in the most recent available federal census. The amount of (h) Subdivisions containing less than five parcels and not used neighborhood and community park acreage shall be the actual acreage for residential purposes shall be exempted from the requirements of of existing neighborhood and community parks as shown on the rec- this section; provided however, that a condition may be placed on ords, maps,or reports of the city,county,or local public agency as of the approval of such parcel map that if a building permit is requested the date of the most recent available federal census. for construction of a residential structure or structures on one or (2) For cities incorporated after the date of the most recent more of the parcels within four years the fee may be required to be available federal census,the park area per 1,000 members of the pop- paid by the owner of each such parcel as a condition to the issuance ulation of the city shall be derived from the ratio that the amount of of such permit. neighborhood and community park acreage shown on the records, (i) If the subdivider provides park and recreational improve- maps, or reports of the county in which the newly incorporated city ments to the dedicated land, the value of the Improvements together is located bears to the total population of the new city as determined with any equipment located thereon shall be a credit against the pay-. pursuant to Section 11005 of the Revenue and Taxation Code. In ment of fees or dedication of land required by the ordinance. making any subsequent calculations pursuant to this section, the county in which the newly incorporated city is located shall not in- Land or fees required under this section shall be conveyed or elude the figures pertaining to the new city which were calculated paid directly to the local public agency.which provides park and ree- pursuant to this paragraph. Fees shall be payable at the time of the reational services on a communitywide level and to the area within recording of the final map or at a later time as may be prescribed by which the proposed development will be located,if such agency elects local ordinance. to accept the land or fee. The local agency accepting such land or (c) The land, fees, or combination thereof are to be used only funds shall develop the land or use the funds in the manner provided for the purpose of developing new or rehabilitating existing park or herein. recreational facilities to serve the subdivision. In the event park and recreational services and facilities are pro- (d) The legislative body has adopted a general plan containing a vided by a public agency.other than a city or a county, the amount recreational element, and the park and recreational facilities are in and location of land to be dedicated or fees to be paid shall,subject to accordance with definite principles and standards contained therein. subdivision (b), be jointly determined by the city or county having jurisdiction and such public agency. (e) The amount and location of land to be dedicated or the feesto be The provisions of this section do not apply to commercial or in- and and recreational shall bear a reasonable relationship to the use of the park dustrial subdivisions; nor do they apply to condominium projects or aational facilities by the future inhabitants of the subdivi- stock cooperatives which consist of the subdivision of airspace In an Sion. existing (f) The city, county, or other local public agency to which the no new apartment dwelling building which Is more than five years old when units are added land or fees are conveyed or paid shall develop a schedule specifying how,when,and where it will use the land or fees,or both,to develop Planned developments and real estate developments,as defined in park or recreational facilities to serve the residents of the subdivi- Sections 11003 and 11003.1, respectively,of the Business and Profes- sion. Any fees collected under the ordinance shall be committed sions Code,shall be eligible to receive a credit,as determined by the within five years after the payment of such fees or the issuance of legislative body,against the amount of land required to be dedicated, building permits on one-half of the lots created by the subdivision,. or the amount of the fee imposed, pursuant to this section, for the whichever occurs later. If such fees are not committed,they shall be value of private open space within the development which is usable SOd for active recreational uses. SOb• . . s § 66475.3 SUBDIVISIONS Title 7 Div. 2 REQUIREMENTS § 66477 ergy system, provided that such ordinance contains all of the follow- § 66476. Waiver of direct access rights ing: There may be imposed by local ordinance a requirement that (1) Specifies the standards for determining the exact dimensions dedications or offers of dedication of streets include a waiver of di- and locations of such easements. rect access rights to any such street from any property shown on a (2) Specifies any restrictions on vegetation, buildings and other final or parcel map as abutting thereon and if the dedication is ac- objects which would obstruct the passage of sunlight through the cepted,any such waiver shall become effective in accordance with its easement. provisions. (3) Specifies the terms or conditions, if any, under which an (Added by Stats.1974,c.1536,p.3484,§4,operative March 1.1975.) easement may be revised or terminated. Historital Note (4) Specifies that in establishing such easements consideration Derivation: Bus. & Prow. former 1 Stats.1937,c.MO.I).IBM 113. shall be given to feasibility,contour,configuration of the parcel to be 11590,added by stats.1043,c. 128. p.fir-1, Stats.1941,c.W.p.185&12. divided,and cost,and that such easements shall not result in reducing 1 1, amended by Stats.1953, c. 564. p. 1818. 1 1; Stats.1957,e. 1606. p•2054. 1 allowable densities or the percentage of a lot which may be occupied 1; State.1965.c.1738,p.S894,11. by a building or a structure udder applicable planning and zoning In force at the time such tentative map is filed. Cross References (5) Specifies that the ordinance is not applicable to condomini- Local ordinance,defined,we 1 ao421. um projects which consist of the subdivision of airspace in an exist- ing building where no new structures are added. § 66477. Park and recreational purposes For the purposes of this section, "solar energy systems"shall be The legislative body of a city or county may, by ordinance, re- defined as set forth in Section 801.5 of the Civil Code. quire the dedication of land or Impose a requirement of the payment For purposes of this section, "feasibility" shall have the same of fees in lieu thereof, or a combination of both, for neighborhood meaning as set forth in Section 66473.1 for the term"feasible". and community park or recreational purposes as a condition to the (Added by Stats.1978,c.1154,p.3544,§9.) approval of a tentative map or parcel map, provided that: (a) The ordinance has been in effect for a period of 30 days Historical Note prior to the filing of the tentative map of the subdivision or parcel Title and legislative fiudings and decla• map. rations of Stats.1978,e.1154,p.3541,see (b) The ordinance includes definite standards for determining Historical Note under Civil Cosa.1 714. the proportion of a subdivision to be dedicated and the amount of any Fors fee to be paid in lieu thereof. The amount of land dedicated or fees See West's California Code Forms,Government. paid shall be based upon the residential density,which shall be deter- mined on the basis of the approved or conditionally approved tenta- Cross References tive map and the average household size. There shall be a rebuttable Tentative map,defined,see 166424A presumption that the average size of each class of household is the same as that disclosed by the most recent available federal census or Law Review Commenttlrles a census taken pursuant to Chapter 17 (commencing with Section Obtaining solar access in California: 40200) of Part 2 of Division 3 of Title 4. However,the dedication of Solar flights Act. (1080) 17 C.w.1..R. land,or the payment of fees,or both,shall not exceed the proportion- 123. ate amount necessary to provide 3 acres of park area per 1,000 per- Ubrary References sons residing within a subdivision subject to this section, unless the Counties 6-7. C.J.S.zoning and Land Planning 1 21. - amount of existing neighborhood and community park area,as calcu- Municipal Curporationa e=43. CJ.S.Counties 114. lated pursuant to this subdivision, exceeds that limit, in which case Zoning and f'launiug A.6. C.J.S.Municipal Corporations It 83,84. the legislative body may adopt the calculated amount as a higher 302 303 J § 66477 SUBDIVISIONS Title 7 Div. 2 REQUIREMENTS § 66477 Note 1 Park and recreation purposes shall include land and facilities for 4183. 1 2,amended by stats.197.2,c.1049. the activity of "recreational community gardening;' which activity p.1;; St Stnea 1; atete.1872,c. 1 , 2870, ¢ .l97`l,c.1388,p.288487,J 2.. consists of the cultivation by persons other than, or in addition to, the owner of such land,of plant material not for sale. Forms (Added by Stats.1974, c. 1536, p. 3484, § 4, operative March 1, 1975. See West's California Code Forms,Government. Amended by Stats.1974,c. 1637,p.$522, § 2; Stats.1975,c.24,p.34, 117, Crass References eff. April 4, 1975; Stats.1977, c. 561. p. 1791, § 3; Stats.1978, c. 709, p. upli- 2232,§1; Stats.1979,e.1192,)r.4694.§7' Stats.1982,e.1467,§1.) Capitol community facilities under p exaction u Community iou It obiies Act of 1082, -vote levy,iugact fee,or other exactlou under this aetyiou prohihitrrl,see 153313.8. Historical Note Law Review Commentaries The 1074 auteudmeut inserted a comma The 1077 amendment added the fifift, Dedication of parks: Legislative review. Misdirected quest for park nsal recrea- after the word "sulxlivision" in the first now sixth, paragraph relating to, recrea- (1973)4 Pacific I.J.578. thin space. (197.1)8 C.W.Ln.2N. sentence of solid. (b); changed "local tional community gardening. - ageney" to**city or county" at the begin- The 1078 amendment added, to the in- Forced dedications: Requirement that Preservation of open space in Califor- uing of the first purugruph hu dubd. (t) applicant dedicate portion of land to pub- ale. Daniel J.Curtin,Jr. (Jan. 1972) 47 traluction, continue to set off the words lic use as condition to granting of tuning Los Angeles liar hull.108. and twice In the third paragraphs,added a '.by ordinance"; and rewrote subd. (f), variance. issuance of building permit or corurua after the word subdivision" is which formerly read: "(f) The city or approval[royal o[ sulptlivleioa ma Public access to beaches. (1970) 22 solid. (b); rewrote subd. (it), which II p• (1900) 20 Stan.LR.564. formerly read: county must specify when development of Ilast.IJ.735. the park or recreational facilities will be- Public recreation sad subdivisions on "(It) The division of land for which a gill.,, Forced dedications as a condition to lakes and reservoirs in California. 0971) parcel map is required is to be made by The 1970 amendment inserted"or stock subdivision approval. (1071) 9 San Diego 23 Stau.,.R.all. or on behalf of a person engaged in the I..Rev. 112. business of developing and selling real ea. cooperatives" in the fourth paragraph, Subdivision exactions In California: Ex- and as distinguished from a private owner and made other nonaubstantive changes. Lamb development and the euviroument: pnwloa of municipal power. (1972) 23 Subdivision blap Act. (1974) 5 Pacific making an occasional sal. A person shall Operative effect of 1979 amendment,sea W.55. Haat.IJ.4ML not be deemed to be engaged in the devel• Iistorical Note under 16W4. Taking without compensation through oping and selling of real estate if be has Load use regulation. (1976) 23 U.C.I. made no more than four sales to either of The 1 amendment inserted "or im• I A.Low Rev.004. compulsory dedication by land developers.982 the last two preceding years. Divisions of pose a requirement or and"neighborhood (1072)5 Loyola Lltev.(Calif.)218. land not amounting to u subdivision and and community" in the introductory not used for residential purposes shall be clause; changed"final map"to"tentative )7brary References exempted from the requirements of this mat)" near the end of the introduction; section; provided however, that a condi- from the first sentence of subd. (b), de- Counties C-18. Inverse condemnation laws—recent de- tion may be placed on the approval of leted the comma following "subdivision"; Dedication 4=6. velopments. Nathaniel Sterling (1971) such parcel map that it a building permit added the second, third, and fourth sell- Municipal Corporations 4=43. 10 Ca1.IJtev.Comm.1toporls 377. is requested for construction of a resides- tences of sold. (b); added wbda. (b)(1) Zoning and Planning ezi29.5. Neighborhood larks In new subdivisions. tial structure or structures on one or and (b)(2); in solid. (c), changed "pro- C.JX Counties 9 40. Report of Assembly Interim Commit- more of the parcels within two years,the viding" to "developing new or rebabblitat• CJ.8.Dedication f S. tee on bluntelpal and County Govern- fee may be required to be paid by tits Ing existing"; in the first sentence of CJA Municipal Corporations if 83,tt4. ment. INS to 1965. vaL% No.21, p. owner of each such parcel as a condition solid. (f), changed "city or county" to 01.8. 'Zoning and Lend Planning 1 21. 31. Vol. 1 of Appemlix to Journal of to tits bssuaute of such permit"; and, "city,county,or other local public agency Background and general effect of MW Assembly,Reg.Sesa..1965. added,to the end of the[o paragraph, to which the tanker fees are conveyed or t addition to Bus. & Prof.C. 1 11546. "nor do they apply to parcel maps fora void",clanged "how and when" to "how, Rev.of 1965 Code Leg. (Cont.ILdue.of subdivision containing leas than five (5) when, and where", and added commas to Bar.1965) page 17.parcels for a chopping center containing set off the wants "or both". added the more than 300.000 square feet of gross words"to serve the residents of the sub- Notes of Decisions beaseable area and no residential develop. division" to the and of the first sentence la general 4 1. Validity ment or uses". of subd. (f); added solid. (1); added, to y the third paragraph. "subject to subdivi- Conversion to condominium 8 Bus. & Prof.C. it 11540 (repealed; see, Amendment of this section by 1 4.7 of sion(b)"; to the fourth paragraph,added is lieu of falls 9 now, this section authorizing cities and 8tate.1974, c. 1536, p. 3517. failed to be- •'commercial or" before "industrial subdi• Ordinances. 6.7 counties to require dedication of land or come operative under the provisions of I visions"; deleted the words "nor do they - Is general 6 payment of tees in lieu thereof for park 10.7 of that Act. apply to parcel maps for a subdivision Validity 7 or recreational purposes as condition to Mneudmertt of Bus. & Prof.C. former 1 containing less than five parcels for a Preemption 4 "approval of subdivision nuips was cousti- 11540 by ; 1 of Stata.1ll74, c. 7537, p. siwppimg [.router containing more than Refund of tees 10 tutiomal, uolwit lint nulling contentious, ia- ;15111,failed to bevome operative under the 300,000 square feet of gross leasable area Use of toads S bar silo, that it vuplotsd equal pretn ties end no residential development or uses" Validity 1,3,7 and due process its that it deprived subdi- provisiune o[$3 of that Act. p Of classification 3 i from the end of the same paragraph; and eider o[ his property without just com- The 1975 amendment deleted, from the Inserted the fifth paragraph. Ordinances 7 pensation and that parks and recreational introductory clause, the word "subdivi- Derivation: Bus. & Prof.C. former I facilities ere not so directly related to aeon"between"final"and"map". 11546, added by Stats.1965, c. 18W, p. health and safety as to warrant dedication $06 307 1 Huntin n Beach omorrow Box 865 Huntington Beach CA 92648 RECEIVED FROM AND MADE A PART OF THE RECO!q AT T E COUNCIL MEETING OF (714) 536-4183 OFFICE OF THE CITY CLER C CONNIE BROCKWAY,CITY CLERK April 14, 1996 Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92646 Mayor Sullivan and Members of the Huntington Beach City Council: Discussion and planning for the linear park has gone on for a large number of years, perhaps 10 to 15 years at a minimum. At one time this park ringed the Bolsa Chica wetlands and was some 400 acres. Over this period we have seen this park shrink from approximately 200 acres in the Huntington Beach Mesa segment to approximately 106 acres currently. At one time Supervisor Wieder and the County had at least $2,000,000 which could have been used for land acquisition for this park as a regional park but this end of the County still does not have such a regional park as do other parts of the County. For some unexplained reason, this money was never spent and the city found itself having to provide land in addition to the County land just to provide adequate land and continuity for the narrow strip of land that now remains. This park was always been viewed as a passive buffer for the wetlands below, never as a conventional turf grass park, as some are now proposing, at least in part. In 1993 and 1994, as a result of concerns within the city as to whether the park was ever going to be realized, the city held several meetings with residents soliciting comments concerning the projected development of the linear park, now referred to as Harriet M. Wieder Regional Park. A broad cross section of the community, including representatives of homeowner groups in Seacliff, environmental and citizen groups and representatives of the city council were involved in the meetings, as were County representatives. There was a desire to conclude these discussions once and for all and adopt a plan so that development of this park could occur without any further delay. As a result of these meetings, the City Council in May, 1994, approved use and development permits for the first phase park segments that involved City land and directed staff to prepare the necessary deed transfer documentation, including deed restriction language, to protect the park from development other than that consistent with that of a buffer for the adjacent Bolsa Chica wetlands. Staff, however, transferred the land without returning to Council with or incorporating the deed restrictions they were directed to do. Subsequently, representatives of environmental groups and Huntington Beach Tomorrow met with Supervisor Harriet Wieder and County EMA representatives. We believed we had the i County's agreement that the County land in the linear park, as well as the city's parcels which were to be incorporated, would be limited to native vegetation, fencing, a trail system, as low level intrusion as possible during development and so on(see p. .3 of Attachment 1) and that the plan would be so modified so that the result would be a passive park with very limited uses. The park would be designed so as to provide minimum intrusion into the wetlands and preserve and restore the riparian habitat of the Huntington Beach Mesa segment of the Bolsa Chica ecosystem to the maximum extent possible. To our amazement, when the County went to the Coastal Commission shortly thereafter, no mention was made in the plan they presented of the agreed upon passive, native development and use, but, instead, the previous plan which included very large areas of turf grass and conventional park development was presented as the County plan. As a result and citing this experience, we returned to the City Council(August, 1994: see p. .3 of Attachment 1)asking for deed restrictions so that we would be assured of native vegetation, passivity, buffer consistency with the wetlands, etc. for at least this part of the park. The Council agreed and so instructed the staff. Staff, however, transferred the land without returning to Council with deed restrictions for adoption. The City Attorney's office has twice since issued an opinion that these restrictions can still be incorporated. Staff is, however, now recommending only one deed restriction of the 8 that were recommended between May and August, 1994 and of the three that were supposedly concurred to by Council, City and County representatives afterwards but never returned to the Council in an open public hearing for consideration and possible adoption. We do not concur with staff that the three new issues are compelling enough to change the 1994 Council considerations, Our reasons are as follows: 1. We find it difficult to believe that the Coastal Commission would not approve of restrictions which will result in a plan which would provide for the preservation and restoration of coastal riparian habitat, if that was the way it was presented to them. Further, the Commission will have to approve of some plan. Why shouldn't it be a plan encompassing this sort of habitat and supported by legally enforceable restrictions? 2. Our experience with the County dictates that a loose deed restriction which just requires park use in perpetuity is too loose. Except for discussion in 1992 which were never followed up, it has always been the intent of the community that this be a very specific kind of park with the purpose indicated above. The County actually agreed to that sort of use and development but when it came time to implement it at the Commission level the County did not present that sort of plan. These are exactly the reasons-that we wish the deed restrictions, i.e. the County's ability to do whatever they wish with the area within the general concept of a park once the land is completely under their control. If, indeed, the County intends, as they say, to use it as the city desires and within the concept that has always existed for this park, then there should be no reason for the County to object to these restrictions which support that use. 3. The parks which are to be developed in conjunction with the Holly-Seacliff/Ellis-Goldenwest areas are sufficiently close to be available to residents of Seacliff Further, use of the linear park for conventional park use, such as tot lots, by younger children will require crossing an arterial street with high speed car and truck use and poses more than a proximate danger to these children. For safety's sake alone, it would be much more prudent for these children to use park facilities planned for adjacent development. Further, the Quimby Act does not specify where the i fees or land in fee has to be used for the park. If the Huntington Beach Company was concerned about this matter it should have provided parks as is usually done in this city, within or as an attached part of the development. Instead, in order to maximize its profits, the company has given off-site land and funds, thereby disenfranchising the homeowners who bought there from access to the usual neighborhood park and development controlled Councils allowed this to be done. Further, both the staff and County staff suggest that the permitting process for development will have to go through the city and that the city will have control. This situation is reminiscent of the situation with respect to Bolsa Chica where the city was going to control the process. Once the land is transferred to the County(just as once Koll went to the County), we fail to see how the city will have any say in the matter, since this would all be County land. The only way we see is to have deed restrictions. One last consideration is involved here as well. The city has many conventional, turf-grass parks for use. We have little hope that we will get a linear park segment, much less a proper buffer, on Bolsa Chica Mesa, because of the Koll is going development. This is our last chance to have a proper buffer park on Huntington Beach Mesa and to protect and preserve the native riparian habitat that should accompany the Bolsa Chica wetlands. This is a legacy for the future, not only for our children, ourselves and our children's children. We must be assured that this area is preserved for that purpose so that future generations can have some idea of what this area was really like in its native state. To do otherwise is to disenfranchise both ourselves and future generations when there are other alternatives. On the basis of our past experience, therefore, the input of the citizens who cared enough to take part in the long, protracted planning process which has taken place for the linear park and the honoring of the commitment which the previous Council made to residents, we ask you to adopt the alternative action before you. This alternative action will retain the land in park use in perpetuity. It will also incorporate the deed restrictions recommended by the community to, considered by and effectively adopted by the 1994 Council, not only in the deeds of the land already transferred but in the deeds of land to be transferred in the future. Adoption of this action seems to be the only legally enforceable way that the agreement made with residents and the intent of the 1994 Council, as incorporated in the 1994 land use and development permits, can be honored. If there is an equallylegally enforceable way of doing this, we would support that way as an alternative. Thank you for the opportunity to comment on this matter. Sincerely, Bob Biddle,President, Huntington Beach Tomorrow TO: Honorable Mayor Dave Sullivan and City Council Members _ March 29,1996 City of Huntington Beach FROM: The Seacliff Coalition (representing residents from Seacliff on The Greens, the original Huntington Seacliff Community Association, AND The Estates and Surfcrest. RE: The Orange County Regional Park's Lack of Deed Restrictions. ITEMS: rn c� A.' We are most angered and frustrated about the upcoming issue relative to the City W ": `m Staffs recommendation to have no deed restrictions on the Harriet Weider Orange Counto -En Regional Park, except for one which would ensure that the land remain a park in s perpetuity. The decision to have the itemized deed restrictions was hammered-out for almost two years between The Seacliff Coalition, The Bolsa Chica Land Trust, The Siena '' Club, Huntington Beach Tomorrow, Surfrider's Foundation, The Amigos de Bolsa Chica, the City Council and the Huntington Beach City Staff. After numerous City Council meetings and study groups, we agreed by consensus and by a strong vote of the City Council to include ALL deed restrictions. We were told by our attorneys that these deed restrictions must be in writing from the City Council to the City Staff because the Huntington Beach City Staff has the infamous reputation of changing the rules and procedures after the City Council votes on issues. Clearly, the Huntington Beach City staff has agendas other than to carry out the votes of the City Council and the wishes of the citizens! (Is the City Staff incompetent? Arrogant? Corrupt? All of the above?) B. How can the current City Council trust the City Staff to carry out any of their decisions with this track record? When is a deal a deal? If the City Staff can simply choose not to carry out Council decisions, then we assume that any individual or group who enters some back door to the City Staff offices can change the rules without due process. Does this mean that all previous decisions about City Council rulings can be changed because the City Staff has been influenced by any ex-Councilman who knows about back-doors, or that the City Staff will continue to shutter and shake every time some attorney writes on paper?Please note that Mr. John Erskine and Mr. Dave Porter, leaders of the of current residents who are pushing for an active Regional Park, were living at the Estates during the numerous 1993-94 study and Council meetings. The residential directory for The Estates, which was printed in or before 1992, lists both of them as residents. They could have participated then to shape the park more.to their liking, but they did not attend any of these meetings or offer input. Shall we put a tot-lot in the park? How about basketball courts with lights? How about a juice bar with other refreshments? How about a McDonalds with its tot-lot? Shall we put a gymnasium in the park?Let us invite the gangs to play on our basketball courts! How about a gymnasium near the upcoming Oceancrest development? Won't we need a parking lot for basketball players and surfers? Vi r.l (Never mind that the Seapoint residents are currently experiencing surfers parking on Seapoint with their trash, urine, feces and loud boom-boxes most of the days.) (NEVER MIND THAT THE PREVIOUS CITY COUNCIL WITH A VERY BROAD,SUPPORT BASE FROM CITIZENS WHICH INCLUDED RESIDENTS FROM THE ESTATES--JERRY ESPOSITO, ESTATES BOARD MEMBER, ET.AL. --VOTED THAT THE ORANGE COUNTY REGIONAL PARK WAS TO BE A PASSIVE PARK AS A BUFFER TO THE WETLANDS WITH DEED RESTRICTIONS TO THE COUNTY!!!!) C. Perhaps the current City Council should.fire itself because the City Staff will presumptuously do what it wants anyway because they are wiser than the past City Council and are above the due process the citizens went through for almost two years. Or, perhaps they should fire certain City Staff members who continue to be incompetent, arrogant, presumptuous and corrupt. We know who they are and so does the Council. In light of the City Manager's negative budget report on March 25, it seems that cutting City Staff is in order! D. If there are no "done deals" in this city, than we want Seapoint Street closed to vehicular.traffic. Other communities surely want parks in their neighborthoods.. We at The Coalition believe that Ruby's at the end of the pier is ugly and obstrusive. Can we take it down, or redesign it more to our liking? Can we tear down those ugly apartments on the sand next to the pier? Our attorneys.are excitedly writing as you read. E. Do some developers who neglected their homeowners by not creating park and play areas in their developments want the Regional Park to be more active to make- up for their negligence? G. The Coalition considers that the study session on April 4, 1996, is perfunctory and patronizing to appease these angry citizens. How can one study session, which will begin at 5 p.m. on a Thursday afternoon, resolve the problems-that the citizens and the City Council who took almost two years to understand in 1993-94 be anything more than an appeasement? Indeed, it is common.knowledge that the City Staff favors developer needs over the needs of the citizens!! H. The City Council should not be concerned about the possibility of a lawsuit from some residents of The Estates as The Quimby Act does not require active uses in the Linear Park, according to the recent legal opinion from Gail Hutton, City Attorney. (Or, perhaps we cannot trust her either?) I. The County of Orange has shown.willingness to accept all of our deed restrictions. In fact, Denny Turner, representing Orange County Harbors, Beaches and Parks commented to the park study group on February 26, 1996 that we could still have the park as previously planned., J. Sadly, we do not trust the City Staff and Planners to deal with integrity on issues about our Linear Park, especially if it is to be done on a piecemeal basisH In this case, history is too strong a predictor of how we expect them to perform in the future: arrogant, presumptuous, incompetent and seemingly corrupt!! K. WHAT DO WE WANT? We want all of the deed restrictions agreed upon by the City Council in 1994 transferred to the County for all future development on the County Regional Park. We look forward to the April 15 meeting of the City Council with anxious expectations. And most sadly, we look forward to suing our City for breach of promise if all deed restrictions are not transferred to the County. cerely, Dr. Richar uck) Marrs Ms. Barbara L. Marrs Al de Lorin The Steering Committee for The Seacliff Coalition 19265 Archfield Circle,, Huntington Beach, California, 92648 (714) 969-4472 April 2, 1996 I am writing in regard to the"by the surrounding community requests for totlots and open park play areas" In 1990 the City Council accepted according to the Quimby Act the rights for a park from the owners of the property where the Estates and the houses adjacent to the Linear Park are now built . This asking for totlots should come as no surprise to Councilman Peter Green and John Erskine who im 1990 were on the Council and know that the Huntington Beach Company gave up their rights for parks . Now, Mr Erskine wants totlots for his children because he lives in the Estates . The Linear Park is a passive park as agreed upon by all parties concerned. There is going to be an elementary school built on Garfield which will have play areas . There are three parks with totlots equipment in the vicinity. John Erskine knows why there are no parks in the Seacliff Development . Please, don' t open this up again. It was decided on and accepted two years ago, In my opinion, Peter Green should not be able to vote on this because he voted to accept Seacliffs rights for parks in 1990 . It is a conflict of interests . Eileen Murphy 201 21st Street H.B. CA 92648.: Vui 1 -iU�Iin N11M17H U3�,�3U3u 0 _ ESTATES k woy. AT. SEACLIFF COUNTRY CLU APRo 41 PETITION pE�, 9g6 FOR AN E�opUSNT ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACL.IFF COUNTRY CLUB. WE ARE ASKING THEE ME'i' JBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFE T Y C_ONCE�RNS. NAME ADDRESS AIex Yaco, 1-155 I R. , c-rt t� �.���?� � :;t%" 1�`4 � iT �i li 'v`:��- I ij yl�/ :i\ [G / ,!1 nr •w � z �rt -'f,,�� r V 1vYS �- r1\ i:.iv' l '� / `•, it z' f^- - Ll'� f C J.� ALL,rI'�674 ic!�� r i 1 •t� � ' l ESTATES SEACLIFF COUNTRY CLUB - PETITION FOR AN ACTIVE PARK SITE (NOW KNO'Vr'N AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME L I ADDRESS J)deL. �,2/tl� 7'i',�; C4 %*14, Nisc att+�eu �94- i 6�i62, ��e� W\u6 . 1�:. cA �zG4:� :'g64dq�.3 IV -oL15 . 3LE ,100 4 6 V62_ 'DoR4L U-111-£ P:3_ FZ6y3' -7d C L �vl C) 00 A Wider . d"ll aof 6Y J IAM S'- r a/1 a /Z { fk t � `�" . 025 ,,Fcti'rrno►� l n �l?- �h �` u�..yg "glo,0• 2(a�5 ug ESTATES SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFY COUNTRY CLUB. WE ARE.ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITIL" KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERN;,. N ME ADDIKSSS I la K- 22�W"' or A' -- Y 01 ��. < /-��;C� � � � �S3/ f�a2�yiv�S%��ice• h�� SLG����-_���--' �,/ � � c m - 6; AA,Art it G�. 15 .� .� 4 -i►�> i �/a t�G^�ty'I N� le _ . l!'e )v. 4F /i6 e7imo7 ESTATES AT SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SE.ACLIFF COUrrT'TRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NA,ME ADDRESS UlAJ —in/j i T r .l:��v;i � ?+`i� y --� l!� 4"1 i1 Lt C:-�., f� ��-:t u �- �-.i , ' `_�- �-'t.:�.� ��... • ", , C`- -: t _4,7 ter+ J, �oj �C.5 ESTATES AT{ SEACLIFF.COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE..A.SKING THE MEMBERS OF THE CIT1' COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAL. PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS PC,-t - 1�`1�,���5 � i 1^i E•c-tio f-°" L�1 Ir�C11t_ (�`.• UN,A 1 j 71 s-� 1 )0 /901.1 0 I ; ESTATES AT SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ,ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS; AT THE SITE ACROSS FFIOM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS D45 a 1'h y�5 4� I i'i�J lv �a�Y1"• i:,.r:� J' a f 'pre, 4im"A'i: J N t C t1 - i , LA-1 ef tot—A0-0 tee ��rs-� ��`-� ESTATE_ S AT SEACLIFF.COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLHF F COUNTRY CLUB. WE AREASKING THE MEMBERS OF THE CITY ,COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL .AGES AND LIGHTING FOR SAFETY CONCERNS. NAME iuc1L&"-- ADDRESS - �V 5 S Da ra-1 C7Y. , #, F3, l=Q©6 u �i►rr�ant Lc�n� �.R 9 2��� IV 51 _�tonehab -_lrj. )yb 91.&yy 5No 7,4W 2 — - .2�, off ;. Ir4 . . ESTATES AT SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE .THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE-ASKING THE MEMBERS OF THE CITY COUNCIL TO. APPROVE AN ACTIVE PARK WITH RECREATIONAL, AREAS, AT THE SITE ACROSS FROM OUI11 COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE, RECREATIONAL FACILITIES-FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS 0 ,A [i zz, a 2r �° � ESTATES AT SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEAC L.x F F COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NA NI E ADDRESS -Lk 77 _ d. ESTATES' SEACLIFF.COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE, MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS a 4qgnp-16�v� r l�� _ e r , E J ESTATES AT SEACLIFF .COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PAR) WE THE UNDERSIGNED ARE RESIDENTS OF TBE INSTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH i:I?CREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS eI �C ` ( Z ors /f 04 1,74av!,� N ile- c 1�2 r 6 - h h ap& m above- rY11 - - u ESTATES AT:.. SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SE ACL.IFF COUNTRY CLUB. WE ARE-ASKING THE MEMBERS OF TILE CI.'f COUNT,CIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS., NAME ADDRESS -3V2 J4Lid — ^1 6 C4 7 - T--*P,- V i� L ESTATES AT_ SEACLIFF COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB.. WE AItEASKING THE MEMBERS OF THE, CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE AC:IROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL .AGES AND LIGHTING FOR SAFETY CONCERNS. . NAME ADDRESS 6LALl N10cLu\r'iGs (h Lv oz,vi� I, puetl�e ESTATES AT SEACLIFF EOUNTRY.CLUB. PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SE.:4CLITF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS c �- ?\-k"14 ht-" 11 . 6 ec� �-2 -ESTATES .AT SEA.CLIFF..COUNTRY- CLU PETITION FDIC AN 00 ACTIVE PARK SITE (NOW W KNOWN AS LINEAR PARK) Vt''� 'FETE UNDERSIGNED ARE RESIDENT'S OF THE ESTATES AT SEACLIFF C(j ;-',TRY CLUB. V-.'E ARF..ASKING THE MEMBERS OF THE CITY CO-UNCI.L, TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK `VOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAfME ADDRESS -17 4�&j-Ll N 0hyavidoo �J'8 ESTATES �4 3/ s � SEACLIFF COUNTRY CLUB.(g. nc e�eJ PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE, UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB.` WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAZI :- - ADDRESS p �— ESTATES AT SEACLIFF COUNTRY. CLUB PETITION FOR AN ACTIVE PARK SITE NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF TJJE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK 'WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTLivG FOR SAFETY CONCERNS. NAIVE ADDRESS (a 2-o1 ESTATES SEACLIFYCOVNTRY CLUB: PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS . sin ez4 o � 2 , / v� :tipAAU c1 '�5'z5l b 66,VA- 'a ta/J ESTATES AT SEACLIFF:COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE CITY COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, AT THE SITE ACROSS FROM OUR COMMUNITY KNOWN AS LINEAR PARK. THIS PARK WOULD HAVE RECREATIONAL FACILITIES FOR ALL AGES AND LIGHTING FOR SAFETY CONCERNS. NAME ADDRESS 1),,'J k,YiA 0of Ell c� y � ESTATES AT SEACLI I1 F COUNTRY CLUB PETITION FOR AN ACTIVE PARK SITE °V (NOW KNOWN AS LINEAR PARK) WE THE UNDERSIGNED ARE RESIDENTS OF THE ESTATES AT SEACLIFF COUNTRY CLUB. WE ARE ASKING THE MEMBERS OF THE crry COUNCIL TO APPROVE AN ACTIVE PARK WITH RECREATIONAL AREAS, /vry IF„SITE, ACROSS SS FROM OUR COMMUNITY KNOWN Ati I ,INFAl( 1'AIZ1�. 'I't1iS I'AIZK NVOt)i-,I) 11AV11, ItI.A. LAI'IONAL FA(-'11X1'11-.S FOR ALL AGES ANI) LIGITFING 1�01Z SAFETY CONCI+;IZNS. NAlV''.E ADDRESS 22 `1r1;�.w'��u•, ^�)n. .).a 1.��'�"f+{ti��1�n ��1 , lG'1� �'1 1 �+1i�r1 � 6L�� {or......�,' 7 � C7�-1 �� � �� :._ �1a�2 2 rS Cap �d �- � ► � Cf v�d he fd r a lv ` yeo fys was a L4 kid / ' ' ed +h � ha le G J o t t, wm e rs vv o C't b cts 4 1 1 (A v f. �, f -t- L AUREN- MIK LSI*. SPEECH Good evening mayor; and members of-the council. My name is Laurent Mikols, and I moved into the Estates,on Jly 5, 1995. I as well as many other kids would really like a park. .Up until now, it seams like the county has only been thinking about adults opinion to the park, when the park is going to be mostly for kids. We found out that someone was speaking for us, saying we didn't want the park, when in fact, we knew nothing about this person going to speak. We have petitions showing that the majority of the Estates would like to have the park. 50 We have over teems kids in our neighborhood, and the only place we have to play is in the streets. There are cars that constantly come, forcing us to stop what'we are doing every three or four minutes. I have almost been hit by a car about three times, and I know that many other kids have also come close to being hit by a car. However soon we may not even be able to play on the streets, because they might be putting speed bumps in our neighborhood. Lots of people are opposed to this park because they think it will bring gangs, or other unwanted people. There is a perfect solution for that, don't build a parking lot, and red line the curbs. this way it will truly be a community park. People are also protesting the park, because they want to save the wildlife. But from what I understand, the area that the park would be built on is not technically wet lands. I personally have never seen any animals there, except for occasionally a squirrel. I think the only way that area is being used now, is by people walking their dogs. I'm convinced that the area left as it is, is totally useless. How come the dogs can have a doggy park, but us kids can't even have a park when it was promised to us. � ,�� l.+`�... �..I � ,.� lL ,�o..I `,y +7 ! � �.F •.C.,.-,r�,.... ��7 ..� �.i�� {..�,. «.. !� 1....'a`..:y„�j {;....... 150 �c C-,�- T f `—'�. Y VI 1..! ;mil` LA I I i i i f ,5 i r ,.s - a' G � ' i� y I r - .0ic L all 61:. I _ ..�------ ---- ._ H fps c fi. tr gib-tY" ey z r ERR." C i Tit 46 CDu nCl �- -- us �jC RSA s:-�I NetSo pa y ( N THE; nn N p� �P ^�L YET WS 01R. .[OL i N y � T \4 nk SW E"�" 13 lAT" T"VE Rt i.S NO W I-We- ' L L S �`� (=0� UI� 1-0 P LAy . THEY E n g-- IE M A-A) y v ER14 LA O LAIN 4 Ctii UO f..C- N Ca 12.E LZi N cj LAP Ki C-1 HT JV 0 W A-N D C Of VV L 1i U 1•Ai t i -U V, PW H wLi-EIP-E t5l S E rae cRU 3 6 lAd-,E y E Too Z_ KN D W Tjj a-i FtjE t2 e Pfp-e E�J i v u g,-- M ffw T^f4Li S TS T,-�YYt Wpo\] T- l-D SA-OF Tl-} ) LPIN O F O R, 0 r,2D5 A-&,1 p �l i tYl r� r3 (LT~. OfI I W'C t47 CI-� I S N L Cj p AS.S T-(Z E7,F s s O f4T- I=tb F 0 E7 5' H FE. DK e- ' f?F- My F9-j EA)0.3 Q 2L>Y t" ti-is r4-Z lv1 U U t-rt. TVYEi2..6 . 510 P LE FPS �rOf\Y uDuA � 11 TFN Lo R LpyS �1 rJO �`Pr L. e qL 13 3-30-96 Dear.Huntington Beach City Council, My name is Grant.Gerhart and I live.in the.Estates. The kids here would like you to continue your plans to make Linear Park an active and passive park. I am 1.4 years old and would like to play football in a grassy area after school. I play hockey and would like a safer place to play instead of our streets. I also like to skateboard and would like you to consider a skatebo�a&. I have a baby sister and she would like some swings, slide and other stuff. This a great place to live but they didn't leave any room for us to play and the land across the street doesn't look real good. Some of the grown-ups get mad at us for playing in the streets and it can.be dangerous. Thank you for reading this letter. Grant Gerhart jl�2 / 1 ��d•' I'm Garrett-Gethart`and I live in the Estates in Huntington Beach with my mom, step-dad, older brother .and baby:sister. -'I am 12nyears old. I would like to have a safe paik across the street to:play I would like a large grassy area to playfootball,softball `andother fuu stuff. It would be great"to have some area for skateboards,and play hockey in the•parking_lot. We play in the-streets now and sometimes the grownups get mad because we make noise. I would like swings and a playground for my little sister. Please build us a park so we will have more room to play. Thank you, Garrett Gerhart 3-29-96 rdN h ti xv L)Vm Q!' 40 < v. 14u, 41 fll�lldll PA Uw� op o-Utkq a PA F K '� ( P i Lam, { 9 $21 (-71 l, ) 3 2,7 l .. •, \ _ - i 1� I ' ---- VI-r Antc�s2"��8 P�`�. FENc ec OLD• 1 IL --Dl� �1 W .r f14 ` PA KK .• ___.-•-.� ✓� .� � ill _J/ \ � / l�� + \•t P�J � 4 \•ter �\ c l � \/�-\ r:�..\/.'\ I\ I_�, -- i \ i + 1 , / VI s � �1• s 1 ~1 s 1 .10 10 C:)�M E�tX�N bUNIA). -fin Dx-� \n rntont-, -4- \V �" 5 _ Vc,--- n SEW C) 'CD E lr-,\ A \ ! \` ;I L�--,-� ``- �\ � � ri lit+ •-� �i i; `'',/�-` '-�'•�^•` /'�/' �� �/l^\ ��` l C.�. ��� ��'��~jam J � ��= "'-� �� �'� r;`•;� �' �' :� %` _ •� \\ ,o4 It DO5 \ 4 I r, i r •�! i ;' O CSC " o Q _- � - �..--• 1 r' .ram - � •�� .'l2& �\�l � 1.�..'\,,,�\ ��....1�._l:.�l„/ �..�,j.. ..i f''�.,.. Cl- Gi r� EY ci *4 sow ci j +4e r f rtq ��;.-�1 .�/�i'�('2�,rt,�'�,.� C/'.., �C/•✓;�'(�J +^'7.'��.:��!/!�/�i ��!I�1�2..� �i'ln,.,vt/1 .. _ j(I``-'!r'�%C✓va�C+'T<:i'�,✓:�.�� �%'�i�i�,�`� ✓t-as-��f..fi' L"�/�� � -✓�'o'�.'Ct^ �f�"'.�i�i �>�/ � � �I.g'J..l .J�',�`` ^�'Jr v�.•A �'r.:.� 1 Y�I.\V vn• �✓�' �iC. y"f' � %r-+��✓rir4+L.KJ -�F . ���/�"^v W�'Gt/1✓:� �'/'N."_" � 4s":% v✓v C-„��t i / 6r�C •�y Lti�fllC:,_ „�"" `-�' w-i YYY/// �r 00 ..t` _��r' ,4%' r`GR-:.� Go;t.�: .. �-�: ..�c;cam'• tom._ P i I I i I i. J11U) �._!t r p �r i frj A. 14 1—,. ILA � S ft►e��°'r��`'f l�'+1.:urfal tt4� .!`:!`•�� 4� '".i+....40-X `��eac'�Q 4rl � q 4 �C� i � �R .��'� if 2, t � �M •-'; r\ - 1• r'� i .E _� 4}jfi��f'`^ 1 f�c`""'� -��I�i 4-� ���;���/�(`,r+j'�1.` '�t� ,a�F i' �-I•Ate, .•it ;^✓ Y t v ''` Ge"r ^"' tf � . OfA � v fi) E IIJ - 4 - CA 0 lvp � -- _ - ► C r 6 lk _ = u I A It ve I---- thcl . OLA CA i is �� , iX � "�� .•'���j� ' �r ,! X 1 9 VQ, Uhe �- 1 j �a, o b d S G LoA C. — _. y tt a 1 ti Y 15.E 1 + • AA '�''/� �r / ,' ,r�•1 / t�e�� �i��hr"iy {�rr„"Y.; k•t{ �F�' �., �1 r" C.JLaz�' �'�' y 1: p TM *.. Qr V� t4•r BY I a� rr, + `+ x r I, T • roFt+ +.tt:{fir '` sk'a+r,�^' .. ,'E ; }�q,�t.Pr2��.k4`S���we'�*�Lrf�rF�d���i -r Y i.1 r�4Al i�f�i�"y�K�,i�sl�+'1✓ jr:ry.h�` ;.•� s �,u.sW� r^, a�hi ,' {9.cSl „r ' r r'Y: ik�~•i r •.i•' r �': w}tl r��1.y� ry C1 ..,c' a7� / Y- �v �a� .a �•. 4 :� >.r 7! ,c t��� .�c7 t �• S Yry 'c �. �i '..-„ It�'�y+A ii'I, � � � � �`', i" ,'�,); }4 Y sc r}�+•h+�,fi r a a �,l r.xr 4.::7N.'`'iy j +..� ° +, x•,r6c}y ` .;.., ��� „��1'�.rc ,{all �,%^ �T;Ic• x ' � � A». z . H,H i i .' • i t f - �� i�•ti~"' t 'fit � �..-: .. .-l� '.- ....,•� - - - - r�.�ily: li : e__ : .-/Occrk cccrvss h f ra t 1 -moo u/al ,b�.- dun -7-a Jay s,n��rl �y - � t S .l M c f i { r ti iw _xz ry p ui x � - =T .. any co `'F? ,..^' - . w.=�,, •ram 10,y.w G: � i I f !p ;1 h� I ' r - `�..., �aua*�.wenv�;s}�, ,r•.An";���¢��:TQ��R:f�.y,�`' 1� '�iG��,�I�YF�"!�i'� �+� ��N�. the:4+dF'.AYtykinF;n�t'iulP.�y %,iy, '.,., pt ' 6 {y 9� Lr `i�r •-r•. fl%V _- •- .'.'rSl' ` "' �.1`7 t' Y`. t - . A � c �� f ' �K; a rr,�t r.. ,. �P'.•� ;.�.1 ,<' 'T•�' i� ''n'C'+'%ar•�kW': t� k� .:5 .1: i�I+AiCb1°t. �rC�,k•!'�y l�r .� Y w i r'• x� ' rr�?;t+�� �,t�r ki4x�f'".s�°!—"'•"•..,�,.:. 1111 .. w .. ���..�iS.vy �A•.�,° G''v!'�"- ,pj, •'° x�fiJ�i;.ti,, .. a _ r•>f.:i. :,r.•. i ;p ¢ ,yr,.ta:crte.•'' ?� r `ot�A' W Lt r'1"� I WIN, 't.d�' •��'� fy7�/ .. 1 rn u • Yti ;�i'S6i'i„r•r•jtiA�;li��ti'} rK r. lr �f �� r. Q�p,�,�. ra�yµµ ryt n,,, eE,�y�3 dn�"i �... '•t'irr�i � (;MJ'' .�te'AG' �IW �S�xY�r,j��+tn. �� •Su. �j S?�t f ,�� - ,'.(�, 1 �; , �� ` ��. ,r, '. . . ..., ..... .; . � j Y .. � .. �. �� �. f� ®� � ® 'i;. i:. 43 ^� .. �r �� �:� !m, 7A. ' �'`"`tC'�'•''FAT,'xl�".r.�i�+tlau�ifi'�.'%..�•��Y^„a�:"r+:-'—�. y' SUN +c' M1 ' ��1'��ic'"�^..r1 ?n i `� xt'iu i''.G:F;i',*.?R':�' •" 1���' l r 'rR S 1 ! F+ �'tp� g4t»,er?orr,rar,.x •�tky ett°"' I 1 , iI I lFn�q(K•rd# ,lam.: `Es �w.,l�` t�. roiY �i . fir •.77l;. I , �,'.F r ro ..pir•!•{� `mil t7 ., Cho�' � '! 11��,,,y„ ,6 ltiiQ A�.„• y1. � 1. .��. 1 1. Ij l• � 9•� JJ' 4 I � � `t`•�i,�"Zn � .fY'•P �Y. 1 �"„pp j St.� ... ;Y� y.`•r �I •Mn 1. .J'M 1 , yh: u 4 • •q 4i .47 'J� 'i_ d C r� •''r� '::',t'�I r.+Y.N'BM,'.s'.::41x'•F..�� ,:4::'r9 .31 , r I j • a1 ` i NK ud Tv t 3 - aiS r [r'.^!.e" X!"•a it ^ ei M ty s •x in r FF k i t tteiny 1 t C' 4 pi i � fFF A � y T r 9 ' �v O nq Al j Si. r is ,g _- .[w- T # �i •ti. 'ti �:rwe .titer _ 04-08-96 05: 03PM FROM III TO CITY CLERK P02 APR-05-1996 13%23 ERA DUNCAN LOS RLAI1IT05 7 April 5, 1990 To; Honorable Dave Sullivan City Council Members City staff Re; Orange County Regional Park on Seapoint(Hanist Welder Park) Two yeanl ago we met many, many hours and many times with you to come to an agreement which all of us could live with regarding this linear park and to cover it with dead restrictions. Needless to say when we received your notice About the meeting we were shocked! Just what does you word really mean? It must mean we can't trust anything you vote on for it can be changed at your whim. You went against the word of the Planning Commisslon and voted Seapoint though to PCH even though we were told repeatedly by our builder and city planning no road would ever go through. Now you're going back on your word again. We In the Seaaiiff Coalition hired attorneys and yet you still broke the law by not having the city staff put into writing the deed restrictions voted on by the City Council, A passive linear park was considered most appropriate for the area, no chemicals to leak Into the wet land, an area for dogs, horses&children to run in a natural setting. The Pollee dept, has a deaf ear to any of our complaints about the speeding, long parking, and the noise on Seapoint. They say our houses should never be here anyway so they forget us, This Is our front yard! Children and pets run In the park area now, some ride bikes but soon some child is going to be killed on our Seepoint Speedway. We're keeping notes of all the times we call the police but to no avail and we will blast all of you for your leek of concern when it happens. The worst part of all this mess is how we've learned to not trust the City Council and planning. It's been sad to tree the extreme lack of Integrity on your part. For those of us who are professionals and business people we would be In jail If we were as dishonest as you are. Please transfer all the deed restrictions agreed on In 1994 to County like you should have done 2 years ago. it's a shame we As professionals have been forced to watch and question your every move. We really don't have time to have to keep watch on you. Dr. i Mrs. Richard Dickinson 19221 Seabrook Dr. Huntington Bch, CA. � x -t ;run,rn i r' 1- r- G.O � C)") 04-08-96 05:03PM FROM III TO CITY CLERK POI Tax&FinancialG.ro.0 Robin J. Robertson "14A - N44 raUlilne6l3 U}0$Hpplth Inplrrpnc;0 I G 1 F2 Rrdeh Rlv11,a28.5 Estate Analysis Hunringrun 11ruch, (A 92647 &a-7/487f_s847 CA License 0641170 Hrgi.+rerrd Rrprrsrnrnri:a of A11.I1L1G'Sa1rr Corpur•anvn 400 Rrdmrr Srrrrr 4i,rvL, St.Paid,Alinnrsnrrr F5101 I-,S00-44 I.1677 April 03, 1996 Dave Sullivan, Mayor& The City Council of Huntington Beach 2000 Main St. Huntington Beach .CA 92648 RE: The Harriett M. Wieder Regional Park, I have received the notice on the proposed restrictions to the deeds for the parcels of land to be transferred from the City of Huntington Beach to the County of Orange for the Harriett M. Wleder Regional Park, I have also researched the history of the project and understand that a portion of the. communtly is very vocal regarding this issue. I would like to express my opinion as a business owner located in this city and resident in The Estates which Is adjacent to the proposed site, I feel that incorporating the restrictions into the deeds Is far too restrictive and limits potential unknown future needs of the land. These restrictions also require far too much structure and do not belong in a deed. I believe that the origional plan which was approved in 1989 with substantial advise through the citizens advisory committee should be adheared to. The children of this neighborhood and most of the surrounding area, have no area in which they may safely play. The park needs to have some turf areas as origionally planned, With wise planning and careful design all types of uses can easily be incorporated Into the area. It is restrictions such as these that create gridlock In our progress. This park has been proposed, studied, I'Mivated, d©signed and redesiged since 1979. Lets just get it built so our children are not in college before it is completedl Sincerely, �n r 1ti ry� Robin J. R be son rry m i3291 Momi ide Dr. (177-0 C cy) r C la L01 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) E tingtbn mesa; item, .Direct your written am a Citizen of the United States and a MWa01QNOiT,I'C 5. Restrictron specify�;g communications to the City NOTICE OF the. irisiall'ation of ranch resident of the County aforesaid; I am DISCUSSION �Y,Pe fencing along the C1eConnId Brockway, BEFORE TiWE CITY eastern border of'the park Glty Clerk, Clty of over the age of eighteen years and not a couNCIL OF THE a deter adjacent ae velopmeat actiwhes from tington Beach, 2000 CITY OF encroachingon to or`dis aT Matn St eel,2nd Floor, party to or interested in the below ON IN BE/fCH r turbmgth`epark area ands Huntington Beach,$Gal= ON DEED ss6 l3esinctions iomnimize Ifornfa 92648, (r714) ` entitled matter: I am a principal Clerk Of RESTRICTIONS ding and landform mod- I. 536.5227. FOR PgRCELS TO dication to preserve the natural to o ra h Published Huntington the HUNTINCTON BEACH INDEPENDENT, a BE TRANSFERRED P 9 P y of the Beach-Fountain Valley In. FROM THE CITY site .ls newspaper of general circulation printed 7 Restrictions prohibiting dependent March 14,1996. b OF HUNTINGTON the .provision dt arkm 032.1.93 BEACH TO THE �a._.and. paving Pn theme and published in the City of Huntington GOUNTYOFORANGE park;and F,OR THE HgRRIETT 8:Requirements for a vol=.� Beach, County of Orange, State of M.WIEDER unteer coordinator to im- REGIONAL PARK. � ,Plement a volunteer as- California, and that attached Notice is a NOTICE 18 HEREBYR sisted planting program. GIVEN that on fvlonday;�„ In light of recent requests true and complete copy as was printed by the surroundin com- Rlarch 18 1996,at 6:30 PM � 9. in the City Council C--ham ,:'!y for the provision of and published in the Huntington Beach tiers, 2000 fC1am Street9hborhood BE tasul- ,iunlin gton Beach the Ci¢y 9 ties wdhin the Harriett M. ` and Fountain Valley issues of said Council will Be lakuig ac 'H ndtingRono6eachrkCty ti_o�n�on-the following plan,y."r...r- ning�a�nd zoning item; 3 C;,,ouF,cil is also being- re- , newspaper to wit the issues) of 1 Consideration of incor- Quested to give staff di�ec- poration of the toNowing reionon the incorporation of s fictions into deeds for minor active park facil— suc areastotlots and open te;red from the Cd ot;Hun Pla y ) tin`gto B-each yio- hey ON,�FILE: A,�copy ot`ttie C"ouh�ty of Orange for de P-Q osed reque t�is on the velopmetas:the Harrie tt inthe C>ity Clerks 'Office 2000 Main Street, Hunting- March 14, 1996 M. .Wieder Regtonal�Park..=' _ (dormerly the Bolsa Chica -ton Beach, California Reg"io al Park or the Linear> `g2648; for inspection by Park); 1 tthe public. A copy of-the 1. Restrictions that the: staff report is available to interested parties at tha parcels be held m perpet`u Ciiy�Clerl Office. uy for park use, f 4 ✓All INTERESTEl7 PER- 2 Restrictions that I declare, under penalty of perjury, that scap;g on the parcels be SONSVA invited io attend restncted to native vegeta said hearing and express the foregoing is true and correct. lion, de- ,or°or a angst they 3Restnctions on these . Hof herbicides `and peso ap�plrcation asg ou�tlmed cides'on the'pSrcels above. If therg.e are anyfur v they SquesLons .please�'c�all� 4 1Restnchons requIIn`g as ,..,.. Julie Osugi Associate , completion of a compre, Pla6 r at (7t9) 536'r527t Executed on March 14, 199�_ hensive surveytot archaeo, and' reler to` the above ogica11 ii es;-,on,the Hur at Costa Mesa, California. Signature Council/Agency Meeting Held: f' Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: March 4, 1996 Department ID Number: CD96-12 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T.-UBERUAGA, City Administrato PREPARED BY:BY: MELANIE S. FALLON, Director of Community De lopment 7�xA RON HAGAN, Director of Community Services SUBJECT: Continuance of Action on the Harriett M. Wieder Regional Park Deed Restriction Issues to March 18, 1996 Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Staff is requesting that the City Council continue action on the deed restrictions for the Harriett M. Wieder Regional Park to the March 18, 1996 City Council meeting to allow the public additional time to review the staff report and familiarize themselves with the issues. Funding Source: Recommended Action: Motion to: "Continue action on the Harriett M. Wieder Regional Park deed restriction issues to March 18, 1996 to allow the public additional time to review the staff report and familiarize themselves with the issues." Alternative Action(s): Review the attached staff report on the Harriett M. Wieder Deed Restrictions and New Issues and take action. X/V\ REQUEST FOR COUNCIL ACTION MEETING DATE: March 4, 1996 DEPARTMENT ID NUMBER: CD96-12 Analysis: The Harriett M. Wieder deed restrictions and other new park issues where scheduled to go before the City Council at this evening's meeting. Although not a public hearing item, and therefore not subject to legal noticing requirements, staff sent out a letter to parties who have been involved in the park planning and hearing process in the past to notify them of the meeting this evening. (A copy of the letter has been provided as Attachment No. 2) Since distribution of the letter, staff has received in put from the public requesting additional time to review the RCA and familiarize themselves with the new issues. (The RCA has been provided as Attachment No. 1). The deed restriction and other park issues are complicated and the report fairly lengthy. Staff is recommending that the City Council continue action on the deed restriction issues to the March 18, 1996 meeting. This will allow the public and the City Council additional time to familiarize themselves with the issues and will allow staff additional opportunities to advertise the meeting in the local paper. In light of staff's recommendation for continuance, staff has sent a follow up letter to interested parties to notify them of our recommendation and that the Council may not be taking action on the deed restrictions this evening. A copy of the follow-up letter has been provided as Attachment No. 3). Environmental Status: The continuance of action on an item does not constitute a project under the California Environmental Quality Act (CEQA) and is not subject to the provisions of CEQA. Attachment(s): NumberCity Clerk's Page .......... ................... .................. .......... . . ............ ................. .......... . ............... ................. ...... 1 RCA on Harriett M. Wieder Regional Park Deed Restrictions and New Issues (Dated March 18, 1996) 2 March 4, 1996 City Council Meeting Notification Letter (mistakenly ....................................... . ...... Dated March 23, 1996) ........................ ........... .......... ....................... .............. .......... ........................ ....................... ................. ....................... ............. .......... .................._ ..... .................. ...... 3 Meeting Notification Follow-up Letter Regarding Staff Recommendation for Continuance to 3/18/96 (Dated February 27, 1996). CD96-12.DOC -2- 02/27/96 4:23 PM ATTACHMENT 1 COPY Q)py Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: March 18, 1996 Department ID Number: CD95-52 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator^ ��� PREPARED BY: MELANIE S. FALCON, Director of Community D velopment "l�'�''`'�7 ''" _ RON HAGAN, Director of Community Services- SUBJECT: Harriett M. Wieder Regional Park Deed Restrictions and New Issues Fstatment of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Pursuant to the May 2 and August 15, 1994 direction of the City Council, staff has been working with the County of Orange to prepare deed restriction language to be incorporated into the deeds transferred from the City of Huntington Beach to the County of Orange for the Harriett M. Wieder Regional Park (formerly the Linear Park and the Bolsa Chica ,Regional Park). Since the City Council's prior direction several issues have arisen which may no longer make such restrictions appropriate or desirable to the City. Staff is requesting that the City Council only incorporate the deed restriction requiring that the park parcels be held in perpetuity for park purposes and direct staff to work with Orange County Harbors, Beaches and Parks to provide 2 play areas within the park. Funding Source: N/A Recommended Action: Motion to: "A. Direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to park purposes only and to include such language on future parcels to be transferred to the County; and B. Direct staff to work with the County to incorporate an approximately 2.7 acre play area in front of the interpretive center area and to identify another play area in the portion of the park along Edwards Street into the Harriett M. Wieder Regional Park, through amendment of the Phase 1A Coastal Development Permit, General Development Plan or other appropriate means as determined by the City, County and Coastal Commission." COPYGu P— Alternative Action(s): "Adopt the deed restriction language and direct staff to request that the County amend the deeds for parcels 101, 102, and 104 to incorporate the language; and direct staff to include the language on all future parcels transferred from the City for the Harriett M. Wieder Regional Park." P _Y REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 Analysis: BACKGROUND: Oh May 2, 1994, the City Council approved Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 for Phase 1A of the Harriett M. Wieder Regional Park. (See Attachment No. 2: Resolution of Approval for Phase 1A). As part of the approval, the Council requested that the City Attorney investigate the possibility of incorporating restrictions in the deeds for park parcels transferred from the City to the County. To protect the park, the City Council requested that deed restriction language be developed to require the following: 1. That the parcels be held in perpetuity for park use; and 2. That landscaping on the parcels be restricted to native vegetation. However, in June of 1994, before the deed restriction language had been drafted, the deeds for Phase 1A parcels were transferred to and recorded by the County. (Please refer to Attachment No. 5 for park boundaries and park parcels transferred/yet to be transferred from the City to the County). On August 15, 1994, in response to public testimony, the City Council directed staff to consider additional deed restrictions and to pursue incorporation of the restrictions into the deeds of the transferred parcels. The additional restrictions consisted of the following: 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Completion of a comprehensive survey of archeological sites on the Huntington mesa; 5. 'Installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park. 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. City Council and City and County staffs, met to discuss the appropriateness of imposing the above terms through deed restrictions. All parties concurred that provisions (a) requiring that the parcels be held in perpetuity for park use; (b) requiring that the property be used solely for passive recreation, with an emphasis on native vegetation for wildlife habitat enhancement and nature interpretation; and (c) requiring adherence with State and Federal archaeological protection laws and regulations; could be included in deed restrictions, but that the other issues were more appropriately handled through conditions on permits (such as entitlements). CODVV CD95-52.DOC -2- 02/27/96 4:20 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 NEW ISSUES: Since the that meeting, several issues have arisen which may make the deed restrictions inappropriate or undesirable to the City. These issues deal with the Coastal Commission's role in the park planning process, a change in County position due to the bankruptcy, and demands for more active park uses in the area. These issues are explained in greater detail below. Coastal Commission Role In November 1996, City staff learned that the Coastal Commission had yet to approve the entire Regional Park plan (i.e., the General Development plan). In the City of Huntington Beach, the process is that once the City adopts a plan for properties located within the Coastal Zone, the City submits the plan for Coastal Commission approval. Unlike the City, the County does not have a certified Local Coastal Program for the area. Therefore, any approvals for portions of the park which are not located within the City of Huntington Beach are required to obtain Coastal Development Permits directly through the California Coastal Commission. In light of this, the County's policy is to use the General Development Plan only as a guideline for park development and to seek approval of each increment of the park independently as funding for development becomes available. The significance of this is that the Coastal Commission has not yet reviewed or approved the General Development Plan for the park. The park crosses over City and County boundaries, and includes approximately 66 acres within the County's jurisdiction and is subject to Coastal Development Permit approval directly from the Coastal Commission. (Of the 66 acres, approximately 13 acres are part of parcels which are to be transferred from the City to the County.) City staff met with Coastal Commission staff who expressed concerns with the City putting deed restrictions on the properties prior to Coastal Commission's action on plans for portions of the park within its jurisdiction. Coastal staff indicated that they probably would not be opposed to very general restrictions that held the property for park use, but were opposed to any restrictions (such as does dictating planting materials/herbicide use, fencing type, or paving, etc.) that would restrict the Commission's authority to approve park facilities that fall within its jurisdiction. County Position Since the prior meeting between City Council, staff and County staff, the County has indicated that its position on accepting deed restrictions has changed. Due to the County bankruptcy, the County is reluctant to accept any property with deed restrictions which limit the County's control over the property. Y CD95-52.DOC -3- 02/27/96 :20 M REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 Incorporation of the deed restrictions on the remaining property, may effect the County's willingness to accept the property. This could further hamper development of the park. Neighborhood Demands for More Active Park Facilities (Quimby Act Issues) The incorporation of deed restrictions which limit the entire 106 acre park area to native plant area will preclude the City and County's ability to provide even minor turf and play areas in the park. These types of facilities include the tot lots and open turf areas for playing catch or picnicking that were supported by the City Council in its October 1992, resolution supporting the Bolsa Chica Regional Park General Development Plan. (Please refer to Attachment No. 3: Recommending to the Board of Supervisors Certification of Environmental Impact Report No. 521 and Approval of the Bolsa Chica Park Boundary and General Development Plan). The provision of local park functions in the park was also briefly referenced in the original 1979 agreement between the City and County for acquisition and development of the Harriett M. Wieder Regional Park (formerly the Linear Regional Park). (Please refer to Attachment No. 4: Agreement between the City and County for acquisition and development of the Linear Park). Staff believes that there is a demand for these types of facilities in the Regional Park area, as the nearest park play areas are located in Huntington Central Park and two mini-parks on Palm Avenue; both are located more than 3/4 mile away which exceeds the policy of the General Plan that recommends that neighborhood park facilities be located within 1/2 mile of the residences they serve. Additional park facilities are planned for the greater Holly-Seacliff and Ellis-Goldenwest areas which may serve future residents adjoining the park area. Although a total of four (4) future park sites are planned to be developed in the Ellis-Goldenwest Specific Plan and Holly-Seacliff Specific Plan areas, these park sites are primarily oriented toward providing park facilities for future development in these areas and are located in excess of the half mile service area for Seacliff residences along Seapoint Street. It has been brought to staff's attention that a some of the adjoining neighborhoods prefer the incorporation of some more active uses in the regional park as well. In addition, the Department of Community Development received a copy of a letter from David S. Porter, representative of the Estates at Seacliff Homeowners Association, relaying a concern that the City's approval of "passive uses" for the regional park may be inconsistent with the provisions of the Quimby Act under which some of the park parcels where dedicated to the City. (Please refer to Attachment No.1) The letter also transmits the Homeowner Association's position to pursue that 2.69 acres of the park be designated to uses that conform to the neighborhood park requirements of the Quimby Act that include active facilities. At the time of preparation of this report, the City Attorney was still looking into the City's obligations under the Quimby Act for providing more active park uses in the regional park. A legal opinion on this issue shall be available at the hearing. CD95-52.DOC -4- 02/27/96 4:20 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 The County has been working with the homeowners association and Community Services Department to look into potential alternatives to address the neighborhood's concerns. The County has created two alternative plans for providing tot lots and open play areas in the vicinity of the Interpretive Center facility so that the play area can take advantage of the restrooms and parking areas proposed for the facility. The County will be providing information on the alternatives at the meeting. Staff has met with representatives of the homeowners association to discuss these issues. Homeowners in support of the play areas prefer the location of the tot lot/play area in front of the Interpretive Center Site, along Seapoint Street. Staff will also be meeting with the parties that supported the deed restrictions to bring them up to date with these issues. This meeting was not yet held at the time of preparation of this report. (Note: The Community Services Department has indicated that there is also a similar need for play areas in the Edwards Street area of the park. However, no alternatives for play facilities have been developed in this area since it is located in a later phase of the park and is currently primarily surrounded by undeveloped land. The recently designated park site in the Ellis-Goldenwest Specific Plan area will provide a park within the half mile of future development of this area). Staff Recommendation Staff understands the City Council's concerns in protecting the property for park use and believes that the County and Coastal Commission would be amenable to common deed language which restricts the parcels for park purposes. However, staff recommends that the City Council not pursue the deed restrictions regarding planting materials, herbicide/pesticide use, archaeological surveys, fencing type, grading, paving and volunteer coordination. These issues can be adequately addressed and enforced through conditions of approval, as appropriate, on each phase of park development without overstepping the City's jurisdiction or risking County acceptance of the park parcels. Staff believes further that the demand for play areas is likely to increase as new development occurs in areas the immediate vicinity of the park (such as the "Bluffs" area of the Holly-Seacliff Specific Plan, located along Edwards Street and the Surfcrest and Oceancrest projects at Palm and Seapoint). The incorporation of restrictions on landscape type will limit the City from providing more active play areas which it may find desirable in the future. The lot lot/play areas are minor "active" uses and can be provided within the 106 acre park in a manner that is safe and compatible with the primary natural emphasis of the park. Provision of the facilities will help to meet neighborhood demands for more active use and CD95-52.DOC -5- - 02/27/96 4:20 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CD95-52 will help to address questions regarding the City's compliance with Quimby Act requirements, whether or not the City is legally required to provide "active" play areas. Incorporation of the tot lot play areas may require an amendment to the Coastal "Development Permit for the first phase (1A), or amendment to the General Development Plan. The appropriate process for incorporating the play area will be determined by the City, County and Coastal Commission once the location and type of facilities have been identified. Staff recommends that the City Council direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to park purposes only and to include such language on future parcels to be transferred to the County. Staff also recommends that the City Council direct staff to work with the County to incorporate an approximately 2.7 acre play area in front of the interpretive center area and to identify another play area in the portion of the park along Edwards Street into the Harriett M. Wieder Regional Park, through amendment of the Phase 1A Coastal Development Permit, General Development Plan or other appropriate means as determined by the City, County and Coastal Commission. Environmental Status: Covered under EIR No. 521, for the Bolsa Chica Regional Park General Development Plan, prepared by the County of Orange. Attachment(s): City Clerk's Page Number 1 Letter from David S. Porter (dated September 29, 1995) 2 Resolution No. 6592 of the Huntington Beach City Council Approving Phase 1A of the Bolsa Chica Regional Park (Coastal Development Permit#93-28 and Conditional Use Permit#94-3). 3 Resolution No. 6434 of the Huntington Beach City Council Recommending to the Board of Supervisors Certification of Environmental Impact Report No. 521 and Approval of the Bolsa Chica Park Boundary and General Development Plan (Including map of General Development Plan). 4 November 27, 1979 Agreement Between the City and County to Acquire and Develop the Linear Park. 5 Harriett M. Wieder Regional Park-City parcels transferred or yet to be transferred to the County of Orange CD95-52.DOC -6- P Y02/27/96 4:20 PM ATTACHMENT 1 COPY Ad()j COPY IV000r1f`I"IN UV I MIVCK I\IVU1C rdX•f 14-y(U-1JL1 UCL 10 �0 14•40 r.VJ/V4 i FISHER & PORTMR A LAW CORPORATION 110 PINE AVENLIC. Ii- ILOOR •r TLL[% 484340 IrPKLAw UFI ")�J i i _0 rli 1 jD TgLECOPIER(310)43:•3399 POST OPF/ICE SO% 22686 LONG S[ACM, CALIFORNIA 90801.3666 11 (310)438-5626 September 29, 1995 Gail Hutton, Attorney at Law Office of the City Attorney P.O. Box 190 2000 Main Street Huntington Beach, California 92648 Re: Park dedication for Estates at SeaCliff Dear Gail: Enclosed is a copy of a Resolution of the Board of Directors for the Estates at SeaCliff. The Resolution officially confirms the Association' s position with respect to the Linear Park and the Quimby Park dedication, and acknowledges that I may act to present this position to you, the City Council, and others. We are concerned that notwithstanding your July 28, 1995 memo to the Council, we have heard nothing from anyone at the City with regard to this matter. Both I and the Association would like to avoid legal action, but continued silence and inaction from the council eventually will force our hands. We sincerely would appreciate your efforts to prompt the Council to contact us as soon as possible to discuss this matter further. Very truly yours, FI ER & P ER A w r tion D VID S. PORTER Enclosure cc: Mayor Victor Leipzig John Erskine, Esq. John Stillman, Esq. ®P Y • ���• •••• ••• vv .� I.V I to/ 1� J J 1VL1 VV 4. 1V JJ 11 �V I . V'•1 VY On September 14 , 1995, at the regular meeting of the Board of Directors for the Estates at SeaCliff Homeowners Association, the following resolution was unanimously adopted: A. Whereas the Board believes that 2 . 69 acres of land in the Linear Park were dedicated by the developer of the Estates at SeaCliff for purposes of establishing a neighborhood park under the Quimby Act; and B. Whereas the Board believes that the City of Huntington Beach and/or the County of Orange have planned uses for the Linear Park which do not meet the recreational park specifications for a neighborhood park under the Quimby Act; and C. Whereas David Porter, a homeowner within the Estates at SeaCliff, has undertaken to investigate and pursue the park issue with the appropriate governmental agencies; BE IT RESOLVED that: 1. The Estates at SeaCliff want the Linear Park, and in particular the 2.69 acres of land dedicated by the developer for a Quimby Act neighborhood park, to conform to the neighborhood park requirements of the Quimby Act, which would include active facilities in the park to serve the recreational needs of children living within the Estates at SeaCliff. 2 . David Porter is auth?'�ized to present this position to any appropriate gover e, a nc�li,es. OARD OF DIRECTORS ATTACHMENT 2 COPY COPY C O PY RESOLUTION NO. 6592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REAFFIRMING SUPPORT FOR THE BOLSA CHICA REGIONAL PARK AND APPROVING WITH CONDITIONS THE GENERAL DEVELOPMENT PLANS FOR PHASE IA OF THE BOLSA CHICA REGIONAL PARK (COASTAL DEVELOPMENT PERMIT NO. 93-28 AND CONDITIONAL USE PERMIT NO. 94-3) WHEREAS, the City of Huntington Beach and the County of Orange entered into an agreement dated November 27, 1979, providing for cooperation in specific terms for the development and operation of a regional park along the Huntington Mesa, connecting Huntington Central Park and Bolsa Chica State Beach, lying partially within City incorporated boundaries and partially within unincorporated County territory; and Said agreement provides that County will prepare a General Development Plan for the park in close cooperation with the City; and The County, with advice and assistance from City and City's appointed citizen advisory committee, has prepared a General Development Plan; and The City Council and County Board of Supervisors have approved the General Development Plan; and County needs City's approval'of a Coastal Development Permit and Conditional Use Permit prior to developing any portion of the park located within City's incorporated boundaries; and County has filed with City applications for a Coastal Development Permit and Conditional Use Permit (which have become numbered 93-28 and 94-3, respectively) for developing Phase IA of the Park; and City's Planning Commission on March 1, 1994, disapproved said permit applications with findings identifying unresolved planning issues in the Phase IA project as proposed by the County; and �a Y P,& 4\s\Bolsa Chica Rog.Park\05/09/94 The matter was appealed to the City Council for further consideration; and The City Council considered the matter at a public hearing on April 4, 1994, continued the matter to May 2, 1994, and appointed a committee of three council members who met with 1-Tepresentatives of the County, neighboring residents and other interested parties to clarify and seek to resolve the planning issues; and County's Director of Harbors, Beaches and Parks/Environmental Management Agency has participated in the meetings with the City Council committee and has agreed that certain changes in the park plan can be made to resolve project issues, if the City reconfirms the basic park objectives set forth in the.November 27, 1979, City/County park agreement, and assists in implementing a revised park plan; and The City Council has taken testimony at the continued Public Hearing on May 2, 1994, and considered the Coastal Development Permit and Conditional Use Permit applications with the intent to resolve issues and facilitate implementation of the park as soon as pc Bible, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City Council of the City of Huntington Beach does hereby rearm its support for the Bolsa Chica Regional Park and the cooperative agreement dated November 27, 1979, including the obligations of the City set forth in said agreement. 2. The City Council of the City of Huntington Beach reconfirms its support of the essential features of the park as set forth in the General Development Plan conceptually approved by the Council on October 19, 1992, including in particular the following proposed park features: continuous pedestrian, equestrian and bicycle trails connecting Huntington Central Park and Bolsa Chica State Beach; adequate off-street parking located convenient for regional park visitors; an interpretive center providing information and educational opportunities regarding the park, the adjacent wetlands.and the cultural and historical resources of the area; revegetation of the site with native plants species designed for compatibility with the adjacent Bolsa Chica lowlands and UOPY 4\s\Bolca Chica Reg.Park105/09/94 serving wildlife habitat needs; scattered benches, tables and vista overlooks to provide a modest amount of resting and picnicking opportunities for park visitors. 3. The City Council pledges its support and assistance in the acquisition of land necessary for the park and the efforts required to ensure that when the land is conveyed to the County it will be free of soil contamination and other encumbrances that would be deleterious to park development and use by the public. 4. The City Council hereby assures the County that it will not restrict parking along Seapoint and Palm Avenues in the vicinity of the Phase IA area of the park until County has constructed on-site parking in the vicinity of the existing gas plant site, adjacent easterly of the Phase IA project or before January 1, 1996, whichever date comes first. 5. CDP 93-28 and CUP No. 94-3 are hereby approved subject to the following conditions and in accordance with the further below stated findings: A. Conditions of Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3: 1. Development of the park shall minimize grading and land form modification to preserve the natural topography d the site. 2. Prior to the commencement of any grading in or near the ravine, the County shall submit and obtain approval from the City Council for a plan showing the proposed extension of the existing drainage structure. Extension of the drainage structure shall be limited to the minimum extent feasible to provide adequately for trail continuity and safety for park users, but shall not exceed 190 lineal feet from the existing location. Plans shall specify detailed drainage for the area and new and relocated willow plantings as well as other vegetation proposed for the expanded and enhanced s riparian/wetland habitat area and shall be presented to Council after 3 UUPY 4\s\Bolsa Chica Reg.Park\05/09/94 review and approval by the Director of Community Development and the State Department of Fish and Game. 3. Prior to initiation of grading activities, the County shall contact the Department of Fish & Game to ensure that activities will avoid disturbances during the nesting period of any affected bird species. 4. The plant material indicated in the permit applications shall t modified to provide for native vegetation for enhanced ldlife habitat purposes to replace the proposed turf grass and other non- native vegetation in Phase I.A. 5. The County shall amend the proposed plant palette for Phase IA, received and dated December 6, 1993, by replacing any plant species on the palette which were identified in the December 30, 1993, memo from the Department of Parks, Trees and Lands Zane as problem plants with more appropriate plant species identified therein. 6. A parking lot as proposed in the permit applications to be located within the Phase IA area shall be deleted in favor of a parking lot located in conjunction with the proposed interpretive center, adjacent easterly of the Phase IA boundaries, and it shall be designed and constructed as a Phase IB project as soon as practicable, but no later than January 1, 1996. 7. Only such security lighting as is determined necessary for public safety purposes by the City's Chief of Police shall be installed in the proposed park. Lighting shall be designed to minimize light and glare impacts on adjacent residences. 8. Reclaimed water shall be used for irrigation when available from a pipe extended seaward from Garfield Avenue by the city. 4\s\Bolsa Chica Reg.Park\05/09/94 9. County shall consider and, if determined feasible, implement a volunteer assisted planting program. 10. The applicant shall comply with all applicable mitigation measures identified in Final Environmental Impact Report No. 521 for the Bolsa Chica Regional Park, 11. Any expansion or alteration of the Phase IA development area or development components, other than addressed in this application, shall be subject to approval of a new Conditional Use Permit by the Planning Commission. 12. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall not become effective for any purpose until the Coastal Commission appeal period has closed and an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Division. 13. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall become null and void uniess exercised within one (1) year of the close of the Coastal Commission appeal period, or such extension of time as may be granted by the Planning Commission, pursuant to a written request submitted (with the appropriate processing fee in effect at the time) to the Planning Department a minimum 30 days prior to the expiration date. B. Findings for Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3. 1. The proposed design for Phase IA as revised conforms with the wildlife habitat protection, public access and public recreation policies of the California Coastal Act. UUPY 5 4\s\Bolsa Chica Reg Park\05/09/94 2. The proposed design for Phase IA as revised is consistent with the plan's policies, requirements and standards of the City's Local Coastal Program. 3. The proposed design for Phase IA as revised is consistent with the CZ suffix designation and the base zoning district and other applicable provisions of the Huntington Beach Zoning Code. 4. The proposed design for Phase IA as revised properly integrates the proposed park uses in a manner sensitive to the surrounding residential properties. 5. The proposed design for Phase IA as revised includes temporary on-street parking to serve Phase IA visitors until permanent parking space on-site can be constructed as Phase IB of the Park. 6. The combination and relationship of proposed uses to each other in the Plan as revised are properly integrated. 7. The pedestrian and bicycle trail system will provide additional access opportunities in.the Bolsa Chica area, while perimeter fencing will discourage human access into environmentally sensitive areas and minimize disturbances to wildlife. 8. Some filling of the drainage ravine may be necessary to eliminate the potential safety hazards to park users and to provide adequate trail separation, and the filling and modification of the ravi: will be adequately mitigated by the creation of an approximately .5 acre wetland enhancement area at the mouth of the ravine. 9. The vista overlook will provide additional visual access opportunities to the Bolsa Chica lowlands, while minimizing potential intrusions to wildlife habitat. 6 U�Jpy 4\s\Bo1sa Chica Reg.Park\05/09/94 9. The vista overlook will provide additional visual access opportunities to the Bolsa Chica lowlands, while minimizing potential intrusions to wildlife habitat. 10. The location, site layout and design of Phase IA as revised properly adapts the proposed use to existing streets, driveways and other adjacent structures and uses in a harmonious manner by maintaining existing circulation patterns and preserving view opportunities for residents on the opposite side of Sea Point Avenue. 11. The proposed design for Phase IA as revised does not include any habitable stricture and will not require any in.'Ll astructure improvement to serve development and operation of this phase of park development. PASSED AIND ADOPTED by the City Council of the City of Huntington.Beach at a regular meeting thereof held on the 2nd day of May , 1994. Mayor ATTEST: APPROVED AS TO FORM: • . A / City Clerk City.-'ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Com nity Development L/%^PY 4\s\Bo1sa Chica Reg.Park\05/09/94 Res. No. 6592 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNI M BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofncio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of May, 1994, by the following vote: AYES: Councilmembers: Bauer, Moulton-Patterson, Winched, Leipzig NOES; Councilmembers: Silva, Robitaille, Sullivan ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California U ATTACHMENT 3 cupy rjo�" Py COPY r ^ YL RESOLUTION NO. 6A-c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING TO THE BOARD OF SUPERVISORS CERTIFICATION OF ENVIROhTENTAL IMPACT REPORT NO . 521 AND APPROVAL OF THE BOLSA CHICA PARK BOUNDARY AND GENERAL DEVELOPIEENT PLAN WHEREAS, the Orange County Board of Supervisors executed Agreement 79-102 dated November 27, 1979 , between: the County of Orange, the Orange County Harbors, Beaches and Parks District and the City of Huntington Beac.^., Providing for cooperative planing and impleme;atat=on: of the Boisa Chica Reciona! Park; and =.rv__or.: lenz1ai 1,,mract Repo=t :�o . 52i and L%? relaLCV Bolsa Chica Regional Park General Development Plan have been prepared; and The County of Orange Department of ;arb—ors , Beaches and Parks was the lead agency in the preparation_ of t:;e environmental impact report ; and All persons and agencies wishing to respond to notice duly giver, have been heard by the Co'un:ty of Orange throuah written notice and such comments were duly noted and responded to in the Final Environmental Impact Report; and The City Council does hereby find t :ate Final ..nvircnmer:tal Impact Report No . 521 was prepared in accordance with the California Environmental Quality Act and all Staff and local guidelines ; and Public hearings were held by the Huntington Beach Planning Commission in the City of Huntington Beach on September 1 , 1992 and September 15 , 1992 to allow for public testimony on the opy 10/6/92 : 364 : sg -1- ATTACHMENT NO. �- issues relating to the proposed General Development Plan of the Bolsa Chica Regional Park; and The Bolsa Chica Regional Park General Development Plan will establish a park boundary with an ultimate park site of 106 :acres with a minimum usable area of 71 . 5 acres suitable for human recreational uses to include open meadow area , picnic and play areas , scenic vista points , recreational trails of adequate width for equestrian, bicycle, and pedestrian uses , parki a areas , a formal interpretive center anA. app rcpr_ate support faci'hies ; a::•d Thereafter, the City Council, after giving rot-ice as prescribed by Government Code Section 65366 , held at least one public hearing to consider the proposed General Development Plan Of the Bolsa Chica Regional Par;;; and At said hearing before the City Council all persons desiring to be heard on said GeriE=a1 icvE_Cpi:iei,t _ _a:7 Were .^.eerd . NOW, THE REFORM', =-E IT RESO_:'CD, �..ac the City Council of the City of Huntington Beach recommends certification of = vironmental Impact Report No . 521 and approval in. cence_t o= the Boundary as established by the General Development Plan wit h the Formal Interpretive Center as shown in Exhibit A; and the following additional directions : Prior to any construction of the park, the County shall submit to the City of 'runtingtcn Beach Planning Commission for approval a detailed design plan showing proposed landscape materials (native and non-native) , layout of 10/6/92 : 364 : sg -2- � JP picnic facilities and parking lots , and the footprint , ::eight , bulk, size and operating program for any interpretive center . Bicycle, pedestrian and equestrian trail systems should be designed to provide three separate trails. Joint bicycle/pedestrian trial systems should be avoided . Efforts to exnand the perr: boundary should be continued . On street parking on Seapoint Street should not be removed until necessary as deemed necessary by traffic standards . Bike lanes should be provided on both sides of Seapoi.nt. Street, if vossible, to provide an alternative bicycle route for higher speed bicycle traffic. That this action shall supercede any previous actions by the City Counci 1 pertaining to the 'Bolsa C hica regional -Park Development Plan and Boundary. CfNpy- 11/6/92 : 364 : sg -3- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day Of Cr-toz�--r , 1992 . Mayor ATTE T: APPROVED ;-.S /TO /EOF-ml: City Clerk Clerk v % - City Attorney REVIEWED AND APPPOVED: I=I: E D AND �-PPROV'D: y C i 1. A d m 1 T�1 G.�. - D(/ i i t f y rec L�cr of CoI^-ii�? .i Development 0 P Y 3 10/6/92 : 364 : sg -4- •_`I'� .,�, .;;�( � '� ' _ '• it •� . . � _ 'r°�;�.. �Y. ,) � � r rwr r,... 7rn•.. .~�rQ _ �)(�'y` it ` •% .1 _ 1.��.:�'.,-. ,�.". '• �• � .:� • v -�\• �l`1� ram,l r I�V �I• ��.n+np., ' .t �� ,�,��,� 4`\ _� ,` •�\�.r:•� �k f: �l --{r��}\fib . . ;: :;_ _._ _ . '- � � '�� ��_ � 6�'1�. � . _ .. . I J��/►f� -���` h { _ � �.%.ice., OR 11 Tj t �-- ..` .._..- t � . Tom---`=.i- -. �:�.--:•., `ir_ �.� � - �/�- i ! r," �� �jf '��`- + '/d/� rS 1. .I '/'/'�Z��•�. � �igyk •"n� ���1" l..`'•y'.t' p. r+� w�? `7 i ;•1.: �r r:.zo. .1�.. �iI ./. fo IN) I ' rr '•'^ti+rY.vve4 �.'-`•( /')�4. �� `"�i,f`� •` \.` \=( q.-> .r�ra rY 2.L'!f• ✓•l �\ t ,(' 1 r (.I f n/, n,\• ',,/.° f,}} '. i''rJ ', •n�a r-a:~\ •�.�' \ -,..r.��, � ���.�tiStjd���� txopflp W-N-h•i!-+/\ TFcc \� u��—`—-- —-------- �i�' I er♦^nvc frro/r.v" r�YY �✓':• rncnr_ n�.a�r• T s I`tll( cvcJv nr•.cL-„" ----I r_cis I ,v�:•,r.�t'v. --- rh'r'r•,•�cn�e n•r_.� �) 61`•no- I l•11:'tf'"-C"Py.� sc'Aloo l"otE;t'rv;e /t.\ n� f 77�CC /Y�CS, _ L J oNcciUKY 'e,t•ao I l?69 C�f�e _-� �l fr-ter nrt!A "pp(tqvi NT/Ut'tT BN/tart I it -i A'rr(rva� pnrrY('1 I �� I t'�rn PeN7- rLp' n nrr�oNA� f,�� 'ri -nvr- ' �' 'I�\ =� �r-•A'rzp_ 1��,,��ah,TTCP,�-DE(i� 3OLSA CHICA REGIONAL PARK Res. No. 65-3-14 STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council Of said City, GO hereby certify that the whole number off members of the City Council of the City of Huntington Beach is seven; V 4 a t the foreCoi ng res^v I V 1.-:!o� waS ::aSsed anu aC^,;�e� L,y t h e a"; rmnaL i Ve vote Of at i east a major-1 ty of ail t`1e memibers C f sa i d C i ty Counci 1 at a reCu i a r meeting '�ftereof pie 1 d on the -,07 Cray Gf 0CtcID—e 19 CL by the following vote: AYES: Counciimembers: :.rani-?1 i i tJV^+•i-r`,"+-�;�'�PrCr..,, ti.-j r n ,✓ t 1 c� 5 - - _ � i,_:-�ei_ S_ .-a, Grp•., ..aG. OV - :. h;;�...ES:. Counci ;mem:,ers %D'-NT. Counci 1members. None icy clerk ano ex-office er of the City Council of the City of Huntington Beach, California C",0 P"'y ATTACHMENT 4 COPY c COPY is -Y No. 2A - THIRD PART — j'• AGRL•'.I .`1'ENT NO. i) 79-102 A• G R r M _ N T 1111S AGREEMI'N1' r.,;.,d : and c:nreroj into this � � day of --m-0 e /I BY AND BETVIIEKN 5 CUU�:17 OF ORAiNGE., 1)cr imafter referred to as "COUNTY" w OrcA.\r;; COUi�TY HART;�rRS. BIAC'!jES rN- ?A -?KS DISTRICT, .:rreirlsftFr �'•� referred to as "D1ST ICT: 1 i A�tD 1 7H CITY OF HU1-1T:.;3TO': to : hercina,`.•ter 'referred to as %77) i'' kEC1 T A S !i i5 REA• CITY has recommen ed that DISTRICT acquire and dev•elou a rFoicna_ :I pa7k along the Huntington connecting iallntinb'ton Ccn.tr-nl Park and Dolsa Chica Si:ate 1.I 3each as generally shOwrn on Exhibit A, aLrached hereto and by reference made a part of :i �I 1� i! the agreement, said area l\'iilg partially w=Lnln CT_TY's incorporated bou-ndaries and :1 t iS partially witI'tin COUNTY's unicorporated territory; and I 2011 VPE'tiEAS , DISTRICT proposes to establish a linear regional park in and 21_ around the Bolsa Chica narshiarrd:; which would inccrperate CITY's recom.mendFd Funtington II 22 'llt:sa site, said linear regional park c, acept bring shown generally on -aid Exhibit y; 23 3nd C U& PY 24 WHEREAS, pursuant to the California Coastal /:ct of 1976, COUNTY and CITY 251I are in, the process of preparing Local Coastal Plans incorporating land use pl•ins and implementing actions for coastal areas within their respective jurisdictions; and 27 ii WHEREAS, COUNTY, DlST.^.IC'C :�rd CITY desire tc, dotermine park boundaries 24 and certain. road ali and expedite park gnments to facilitare. coastal and p3rK planning l. � land acquisition in the area including the conduct of hearinEs pursuant to the State of California }:arbors ;nid Nn:,i�;atioii Code ;:o determine if funds of DISTRICT should be �I 3 expended to implement said linear regional park; zind y� 4 kfHEREAS, it is mutually advantageous at this ti.;ie for COUNTY , DISTRICT J I+Iand CITY to establish respective responsibilities for cooperative planning 1 the area ; ;I 13 hOli, THEREFORE, IT IS AGREED by and between the parties hereto as follows : 1 . CITY shall. it A. Acquire Assessor's Parcel No. 110-014-51 as shourn on said 9 i! Exhibit A through C17Y'S ].goal Par': Ordinance and, within ninety (90) Calendar dais Of �p �. acquisition, offer to transfer title to said parcel., except _`or any portion theracl 11 'I which is found necessary for Edwards Street or. Ellis Avenue in the .lignmer.t srudies 0 1" I called for herein, to DISTRICT without cost to DISTRICT as a contri.hution of land. for i� iJIST?ICT_ ' s linear regional park. Said parcel shall be I:ce and clear of encumb_anci_s ii which" would unreasonably interfere with its use for park purposes . Conduct an engineering study of the horizontal and vertical 16 alignments and right--c.f-way requirements for Edwards Street, Ellis Avenue, Garfield i 17 � Avenge and 38th' Street as they fall within or impact the linear regional park study are, 1� + shown on said Exhibit A. Said engineering study shall be carried out in cooperation 1� {! with COUNTY and affected landowners and shall include consideration of all feasible 201 � alternatives. Upon completion, CITY shall present 'the study, along with appropriate 21 environmental documenth-tion, to CITY's Council for a determination of the corridor 22i alignments of said streets, which determination shall be made witlii.n one-hundred and 23 eighty (180) calendar days of the date of this agreement. 2 C. Determine, as early as feasible in cooperation with CITY's Local CUFY 25 � Coasta_;l Plan process, the extent and location of any nonpublic park or open space land �s use to be allowed within the coastal zone along- the edge of Huntington Mesa from. 2711 Huntington Central Park southwesterly to Bolsa Chica State Beach, 28 i ��� / 1 C I !I i� D. Within ninety (90) calendar days of being vacated , offer to 2 'I transfer to DISTRICT without cost: to DIS`i, ICT er trade for DISTRICT lard on an 3 it ap.proxi;-:ate equal area or other basis which is mutually acceptable to CI'iY and DISTRICT, -� CITY's :rights to any vacated arterial or local street right—of—way, free and clear of I; !ncumbr3l:ces which would unreasonably interfere with park use, as a contribution of land G fJ_ the linear regional perk. j� r. Rei-_rsurse DISTRICT for land cost and acquisition expensa J '� DISTRICL May incur in acquiring land w n Y' .,imi s w, mi C:s is ithi CiT s � t �1ich CITY deter :l 9 ceded .or Cdwards Street, Ellis Avenuc, Garfield Ave-ue or 3�th Ctr2et „it:r;;rl ;I i linear regional park area, :includi.:na land for cut and fill slopes . =Or areas w, c'h are i i�Ot wth4_in CI1i�' s ilmits :Jt tale tulle of D I S B,1C,.T's land accuisi ion, Y Sha1. •I DIS"i TCr %Or Said la,:d 'needed t:,'. said roads wit'- in niInet'y (90) ca.' :t n4ar days i� iv ! J;• ^TTVti :nne-ario n of flue:•i lan-'s. i F. Vigorously anle.lpt to Secs-re additi0%a1 lane oz contribution tJ th-E I,.rear ragionall ,ark through impi.c''1,2i.t a:ion 0_ C!7S. 5 LGca1 ParIn Of Cz,--r. ,,i.,(— ..�'�, 'v.�•, •.' �i 16 in niinetV (90) colandar days of ac0uisition, Offer to t':cnSf2r title tG a ;iu _a'd t0 �I I i� 'ISTRICi free ar.d clear of encumbrances ;which would unreasonably int•=rfere with its ;I 1.1se for park purposes, as a Contribution Of land for the linear regional park. iI I }9 1 DIS'EIRICT "Later Iinds all or part of su,:h co,,tributed lands to be no lonrcr ncndO•_ _--nd 1; I takes action to dispose of same, DISTRICT shall give CITY the first opportunity to 21 ! accept such lands at no cost to CITY. ;IUUF T - =�� ` G. Provide safety, police and fire protection services to t'%e linen. I 23 egional park areas which are within, or in the future become within CIT S limits, 24 :1 vtt the snrie bz-'sis ai,6 level of service a:; i:; Urovi:ied elsewhere within CITY. }i. Reimburse DISTRICT for its cost of all utility hoc'-up and water `?6 sewer assessr,jent fees re).ated to the provision, of any CITY provided municipal utility. �> services to the liner regional park. it 28 � r .I f )1 �j II. DISTUCT sha11: j tl t 2 A. Pursuant to state and local law and DTSTRICT Procedures, vigorously) 3 I pursue acquisition of Assessor's Parcel Nos. 110-014-52 and 3.3.0-014-53 as shown on s3i.d It 4 Exhibit :A for linear regional park purposes and, if necessary, road purposes under the II 51t terms of Paragraptl I-F, herein subject to allowing the present owner and lessees to f I ,t continue operation, of the existiiig oil wells on the parcels for a period to be deter�:,i.necl ;I II by DISTRICT tip to the wells' rem,-.ining i:seful life. S B. upon determination of the road alignments for Edt, rdS Street, li �f Ellis Avenue, Garfield A%?enuc and 38th Street by Clfi , Complete as prcr-,-tly as feasible �i 10 a boundary study for. the I t:ntington Mes�. =each of the linear regional park together %,itil flappropriate environmental declaaa_ntatiorl and circulate same for CITY :nd public ccmrrrt 12 Pursuant. to the C%3liforlli3 Envlrol:.:i('.nral Oualicy Act and sulbseCu,. i:tl, Su :`it s.!:,:a Cc, tilt. _13 !I -I.OUN'IY� S :i.-, i1?14, Co1!!e.t1.SsiC^rl tc:r �f,'�`...:aa a,..`l.. Fi•i1T!ICT S 3Ci.:rc�i of �lij)c"ivisors for a , —�.4 park bf?1-,ndar:: )e"e1::-Ii1,o n Sa i bo--:nJ:." ; Study sha:.l identify- and iv_n3uare, =ogethe r I with alternatives w`,e.re appropriate, additional p."lr.cels for acquisition for tine linear 1n � regional park. I 17IC. As early as feasible subsequent to completion of the Huntington I 1$ f Mesa Reach boundary study, prepare a boundary study for the remaining areas of the 191 linear regional park. I 20 D. Prepare or cause to be prepared a General Development Plan for the 21 linear regional park defining recreational facilities and uses to be developed. Said 22 General Development Plan shall be developed in close cooperation with CIS' and maybe 23 ) developed in units or phases based on need as determined by DISTRICT. co p 24 .1 E. Develop, operate and maintain said linear regional park land and 25 ( facilit.i�es in accordance with DISTRICT's regional park policies and procedures, including free public pedestrian access so that the regional Park can also provide local. ' I 27 park functions to the residents of the nearby area. 28 /// . i I' l I� IT IS MUTUALLY UNDERSTOOD A. �i 2 A. That COUNTY, DISTRICT and CI7Y shall cooperate frilly in the 3 �I Planning and implementation of the linear regional ,:ark and associated public works �I 4. + projects to the end that such facilities are reflected compatibly in COUNTY 's and 5 ! C11Y's Local Coastal Plans. I 6J B. That all obligacicr.s of DISTRICT under this Agreemcnt shall T !� cerminate unless there is a finding by DT�1'RICT's Board of Supervisors at a public i. }tearing pursuant. to the State of California Harbors and Navigation Code that the linear region�l park is an authorized project of DISTRICT and that DISTRICT funds may he 7.G expended for said project. 71 C. That CITY shall be the Lead .ocncy pursuant to the California i� 12 ?' rnvi.ron7,,.enr;:i.J. Quality Act for acquisition or stuty activities called for to he 3 at,:COM;)Lhe: by C!jY i:. _11f :y ! D. Tnat DISTRICT shAl'. be '.he 1-cad i`.;e-,cv pursuant to the California :1 i lu EI:,I ror:mcnt:al Quc li ty Act for alcQuisitic.i and study activities called for to be li 16 �� acc inplished by DISTRICT in this Agreement. 17 L. That COUNTY and CITY shall respectively be the Lead Agencies for 18 ;� their Local Coastal Plans pursuant to the California Envircnmental Quality Act. I 19 � P. That neither COUNTY or DISTRICT nor any officers or employees ti 20i thereof shall be responsible for any damage or liability occuring by reason of anything 21I done or omitted to be done by CITY under or in connection with any work, authority or II 22 jurisdicition delegated to CITY under this Agreement. It is also understood and agreed 23 that, pursuant to Government Code Secciun 895.4, CITY shall fully indemnify and hold 24is COUNTY harmless from pny liability imposed for injury (as defined by Government Code 25I Section 810.8) occurring by reason of anything, done or omitted to be done by CITY under 06 or in connection with any work, authority or jurisdiction delegated to CITY under this I 27 Agreement. COPY 281i /// . 0 II IIi iti G. That neither CITY nc:r a:;y officer or employee thereof shall be 2 !1 responnibl.e for any damage or liability occurring by reason of anything done or omitted 3 I to be done by COUNTY or DISTRICT under or in connection with any work, authority or 4II jurisdiction delegated to CO'LINfY or DISTRICT under this Agreement. It is also understood j ;;I and agreed that, pursuant to Cove rnnment Coc9e Section 895. 4, COUNTY and DISTRICT Shall 6 1 fully indermify and. hold CITY harinl.ess frc:- r„y liability imposed for injury (as def:nud I 1 by Uc vern-en.t Code: Section 81.0. 0' Occur:. . ? y reF'.SU7) (_)f anything done or O'iltted to i! fi I be doge by COLNiti' or DISTRICT under or in connecLion with any work, authority or ill Jurisdiction delegated to COUNTY or DTSTRTCT under this Agreement. Ill H. That. DISTRICT, as zin entity governed by the Oranac County Board ;i of Supervisors, small rely upon the County of Orange Buildin? Codc for ni.J. construct cn II d 12 �.lthin COUNTY liliincorporated and C11Y incorGOr:ltcd areas within the linear regional nark _ lv ty !llCl'^1CT and 4Ls concess;onaires and C-Z!'t. DISTRICT s!-j". be responsible for all ✓_:n 1, !i Chcck, r+er :iit is:;wince, bili"Ming code and ci.'1stvuction inspect-Jon t: no Cost to CIT'f. 1V i I 16 17 it i, i. 26 21 22 23 I 24 25 I 26 27 28I /// IN INI NESS 1:7IEREOF, the parties hereto leave executed this Agreement on 211 the dates set forth opposite their respective signatures. 3 L COUNTY of OR A-, Date: ? 7 By 4 II Chairman c,f its hoard of. Superviscr 5 I CRA",CE COt7.'TY HARBORS , BEACHES AND PARKS DISTRICT 674, By Chcir:ran c, its rP3rd of Supervi, . S ; A ATIE LE i�Ml Di s 10 Clerk of the Bu a of SupErvi.sor�, 11 of Orange Co .,ty, ralifornIa ^.d �! Orange Co: ,ty Har�o.�, Be�cl;es 12 ' and Per' _ District ii CI NG tt :ra _ i4 1 nte. —0 �I *;aver 15 16 Date: /0 g P,y //'o" 17 i City Clerk 18 I I ! APPROVED AS TO FORM: I ADRIAN KLYPER, County Counsel �I ORANGE COUNTY, CALIFORNIA 20 it 21 SIGNED ,AND CE%IFI THAT A COPY OF 22 By THIS DOr,Ut1ENT H, BEEN DELIVERED TO Deputy TIDE CH;iRr.' ;P, 0'r THE BOARD. 23 24 ;I APPROVED AS TO FORM: CITY ATTORNEY 25 'i CITY OF HUNTINGTON BEACH SIGNED`AND CERTIFIED THAT"A COPY OF THIS DOCUr:•1ENT HAS BEEN DELIVERED TO B M N OF THE BOARD. 2E, Y ��""`ti• ---- G()� THE CHAIRMAN I2� � /� —� 4 l� JUNE ALEXAI`'DER 28 li - G erk ul the 9013rd of Supervisors � C,;:;, Ol (lr?n;e, C21110nU2 • � , ...,�,,-, T :XI, / \ ��...,�,: •yam�-�. ,/%c\a�;'�' ^'� , � .t `b+y_�:+�:1. .. lr(• f,.l .`� •} ••r ,�'�► '�r�y `'� � ice! 0000 L`' f� �; ./.yam.- .:`• ..�� . ' �!%- .�•.a •[/. ,Soo '' ��•\ \�� 1 •��'♦, � v doom TT wo am `fir �� .: .`./' , , �• 1' / 01 !� C-��r�L CG��f�R�TIo�ly� • CFI- �-4N DAT[:M/V§ /LET: 0 _&00 .00 1700 ,s00 2W0 cop* ? U 0py 79- ° I . ATTACHMENT 5 �,� �� c 0 P-Y ,,��Y Ta/6ert FIL= G E N D • :fit:' ;;! ----- City Boundary Regional Park Boundary , y • ::: , --- Phase 1A Boundary -0;Y `z�. .? = �' I+ •', •;11.E }hJ��•�.� --� CityParcels = `:'aAh'} ..:�, g :.; Ellis City Parcels already deeded to Co. of Orangeilk AN ,�,= �: •�J:,`; - .y �{,!F� 0. 31. Garfield Avenue lY Regjo as � 102 Park B° } / 71 .•\. .: .._ is v. ri fee-.-=� Phase 1A Boundary Q ti' t5 is ti Harriett M. Wieder Regional Park r pY - & P huntington beach planning division ATTACHMENT 2 -ac City f Huntington Beach 4LJF y o n g K..e 2000 MAIN STREET CALIFORNIA 92648 - DEPARTMENT OF COMMUNITY DEVELOPMENT Building 536-5241 Planning 536-5271 March 23, 1996 TO: INTERESTED PARTIES SUBJECT: HARRIETT M. WIEDER REGIONAL PARK DEED RESTRICTIONS Due to your past participation in Regional Park development issues;the City is sending you this.letter to notify you that the Huntington Beach City Council will be discussing the deed restriction issue and other new issues associated with the Harriett M. Wieder Regional Park at its meeting on Monday, March 4, 1996. Meeting Date: Monday, March 4, 1996 Time: 6:30 p.m. Place: Citv Council Chambers Huntington Beach City Hall 2000 Main Street Huntington Beach, CA If you are no longer the contact person on the park or know of others who are interested in the deed restriction issues, please the appropriate party or other interested parties know about the meeting. It has .been a while since the Cit-,-Council has discussed any Regional Park issues and our list may not be the most up to date. We appreciate your cooperation. If you have any questions about the issues to be discussed,please contact Julie Osugi,Associate Planner, at (714) 536-5274. Sincerely, LAP Melanie S. Fallon Director of Community Development ATTACHMENT 3 City of Huntington Beach . y ng t 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF COMMUNITY DEVELOPMENT Building 536-5241 Planning 536-5271 February 27, 1996 TO: INTERESTED PARTIES SUBJECT: STAFF RECOMMENDATION FOR CONTINUANCE OF CITY COUNCIL ACTION ON HARRIETT M. WIEDER REGIONAL PARK DEED RESTRICTIONS This letter is to follow-up on the letter you received, (mistakenly dated March 23,1996),to inform you of the March 4, 1996 City Council hearing on the Harriett M.Wieder Regional Park Deed Restriction Issues. Since distribution of the February 23, 1996 letter, staff has received requests from the public to allow the public additional time to review the staff report to familiarize themselves with the issues. In response, staff is recommending that the City Council continue action on the deed restriction issues to March 18, 1996. The City Council will make the final decision on whether to act on the item on March 4, 1996. However, staff would like you to be aware that based upon its recommendation, it is likely that the City Council will not discuss or take action on the deed restriction issues until March 18, 1996. The staff report on the continuance(with the staff report on the deed restrictions as an attachment)will be available by Friday,March 1, 1996 at the City of Huntington Beach City Clerk's Office,Huntington Beach City Hall,2000 Main Street,Huntington Beach. If you have any questions regarding the continuance or deed restriction issues,please contact Julie Osugi,Associate Planner at(714) 536-7254. 5r Once again, if you are no longer the contact person on the park or know of others who are interested in the deed restriction issues,please the appropriate party or other interested parties know about the possibility of continuance. It has been a while since the City Council has discussed any Regional Park issues and our list may not be the most up to date. We appreciate your cooperation. Sincerely, Melanie S. Fallon Director of Community Development RECEIVFD. 6TY �zr; CITY OF NUNTINGTOL, t-^ > l FEB c} SEA CLIFF COALI77ON Homeowners from SeaCliff on the Greens, The Estates, and Huntington SeaCliff Steering Committee: Dr.Richard and Mrs.Barbara Marrs, Mr. and Mrs.Al deLorm March 3, 1996 Mayor Dave Sullivan and City Council Members 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Sullivan and City Council Members: On behalf of the SeaCliff Coalition, a group of homeowners who formed.a group in 1992 to work on the linear park issues and the extension of Seapoint Street, I am asking you to support Staffs recommendation for continuance of action on the Harriett Wieder Regional Park Deed Restriction Issues to March 18, 1996. Since the Staff report prepared for the March 4 meeting is detailed and extensive, more time is needed by members of the community to review it to see if we can support the new recommendations. Representatives from our coalition were active members of the park study group and worked hard with all involved parties to reach the park design which was previously approved. In fact, we felt so strongly about the park deed restrictions at one point that we hired attorney Barbara Lichman to represent us. Twenty-two families plus the Huntington SeaCliff Homeowners Association donated money to our coalition. Please note that $700.00 of the donations to our legal fund were donated by residents of The Estates, including a board member. Now, it is their association board who wishes change. My point is this: because of the recent, strong urging by this group to change the park from passive to more active uses, I fear that the hours of hard work and tremendous effort put forth by those of us who did attend the meetings and work on the plans is now disregarded. To meet the needs of all parties concerned with the park, the only fair action to take is to continue this issue until March 18. I look forward to your support on this issue. Sincerely, arbara Marrs, Secretary, SeaChff Coalition 19265 Archfield Circle Huntington Beach, CA 92648 0\ Page 21 - Council/Agency Minutes - 08/15/94 The amended motion carried by the following roll call vote: AYES: Bauer, 4 bitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: . None ABSENT: Silva (City Council) DEED RESTRICTION ON PARCELS TRANSFERRED TO COUNTY OF ORANGE - BOLSA CHICA REGIONAL PARK PHASE 1A -APPROVED (650.10) The City Clerk presented a communication from the City Administrator regarding deed restriction on parcels transferred to the County of Orange for the Bolsa Chica Regional Park. Communications that have been distributed to Council on the subject as follows: Sierra Club, Preserve Bolsa Chica Task Force dated July 12, 1994, Seacliff Coalition dated August 15, 1994, Jan Vandersloot regarding Upper Newport Bay dated August 15, 1994, three communications Robert E. Winchell, Huntington Beach Tomorrow, dated August 11, 1994 and August 12, 1994, Marcia Hanscom dated August 5, 1994, Robert Fisher, Orange County Environmental Management Agency, dated August 11, 1994, Harriett Wieder, Orange County Supervisor, dated August 10, 1994, Tom Matthews entitled Orange County Environmental Management Agency press bulletin dated August 15, 1994 and Executive Summary Bolsa Chica Local Coastal Program and three color illustrations of the Bolsa Chica 1993 Koll Land Use Plans for 2,500, 3,200, and 4,286 units. The Community Development Director presented a staff report stating that on May 2, 1994, the City Council approved the Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 for Phase 1A of the Bolsa Chica Regional Park and requested that staff look into the possibility of incorporating deed restrictions requiring that landscaping on the parcels be restricted to native vegetation. On May 15, 1994, a request for legal services was submitted to the City Attorney's Office to provide information on the,possibility of incorporating deed restrictions on the parcels to be transferred to the County for Phase 1A of the Bolsa Chica Regional Park. However, in June of this year the Council approved transfer of the subject parcels without consideration of the deed restrictions. Transmitted for your review is the City Attorney's determination regarding the implementation of restrictive deed provisions. The City Attorney apologized for not being able to provide a legal opinion regarding the proposed deed restrictions due to the high volume activities and priorities in the last weeks. She stated that it was not the City Attorney's or Council's intention to approve a deed that did not contain these kinds of restrictions, if legally possible and that it was regrettable that the deeds were presented to Council and approved without the restrictions. She stated that the city had grounds for reforming a deed if it was not the intent to grant that deed as presented and the city would also have grounds through litigation. She stated that the enforcement of conditions on Conditional Use Permits is not always as effective as the city would like it to be. She stated that the Coastal Commission also supports those kinds of conditions. Mayor Moulton-Patterson stated that the Coastal Commission agreed in concept but no conditions were put on. P99 Page 22 - Council/Agency Minutes - 08/15/94 ' Councilmember Sullivan spoke regarding a letter from Robert Fisher, Environmental Management Agency dated August'11, 1994, and read from paragraph two which states: "(Please note, however, that we readily agreed to deed restrictions committing the property to park and open space purposes for 50 years)." He stated that Mr. Fisher had stated at the last meeting regarding the park that he was willing to see if there could be some deed restrictions that would-be agreeable to everyone. Councilmember Sullivan spoke regarding material distributed by Mr. Vandersloot regarding land in upper Newport Bay that contains deed restrictions. He s.'ated that the Council needs to pursue the deed restrictions. He recommended redirecting staff ro look at deed restrictions and meet with the county about it. In response to Councilmember Bauer's question, the City Attorney stated that the city could proceed with litigation to have the court decide if we were entitled to have the deed reformed. Councilmember Leipzig proposed the following: 1. Direct staff to pursue the deed restrictions that have been discussed. 2. Direct staff to base the format for these restrictions on those that were used in the Irvine Company transfer. 3. Deed restrictions should include all of the topics that have been discussed, restrictions included in the communication from the Seacliff homeowner's association dated August 15, 1994, restrictions included in the Sierra Club communication dated July 12, 1994, and any other restrictions that have been mentioned that are not included with in that list. The precise language of the deed restrictions to be worked out with Orange County Environmental Management Agency. 4. Return to the City Council with the precise language for final approval. 5. The Existing Council Committee on the Linear Park (Mayor Moulton-Patterson, Councilmembers Bauer and Leipzig)work with staff when appropriate. A motion was made by Leipzig, seconded by Sullivan, to direct staff to pursue deed restrictions on these Linear Park parcels with a structure to be based upon the Irvine Company transfer deed restrictions, that they include all the topics that have been discussed here this evening and in two written presentations to Council, that the precise language of those restrictions be worked out with the County Environmental Management Agency, that the City Council Linear Park Committee work with:staff and the county if appropriate and the precise language that is worked out be returned to City CouDQLfQLfnal approval. Councilmember Winchell requested an additional restriction of a minimum use of pesticides and herbicides as suggested by a Sierra Club member during public comments. She also requested a review of the process that allowed the deeds to be approved without the deed restrictions directed by Council. The City Administrator stated that he would prepare a report to Council regarding the system that. will be used so that it will not happen again. 210 ' � Page 23 - Council/Agency Minutes 08/15/94 The City Attorney stated that she is aware of a number of new issues in addition to the issue of native vegetation. She read from minutes of the May 2, 1994 Council meeting. She stated that if Council increases the number of deed restrictions, it makes it more difficult to have the deeds reformed. Councilmember Winchell stated that Council did not know what was appropriate in deed restrictions at the time, were ill informed as to what you could put in a deed restriction ;id were searching for that. She stated that the substance contained in the amendments'to Resolution No. 6592 reflect what Council wanted on that property. Councilmember Leipzig requested that an additional deed restriction be added regarding archeological finds being returned to the city for educational purposes. Councilmember Winchell stated that the communication from the Sierra Club included a request for a comprehensive survey of all archeological sites on the Huntington Mesa. She stated that she wanted the land to be dedicated to park and open space purposes in perpetuity not just fifty years as stated in the letter from John_ Fisher. Councilmember Bauer stated that if the money.for the park is spent on deed restriction such as archeological excavations, you will never have a park. Councilmember Winchell requested that the amendments to the original motion be.made regarding a comprehensive survey of all archeological sites and after study return of any archeological materials or artifacts or information to the City of Huntington Beach to be used for educational purposes and that the land be dedicated to park and open space in perpetuity. The amendments were accepted by Councilmember Leipzig. The City Clerk clarified the motion regarding no parking on the park property. Councilmember Winchell stated that the parking issue was included in the Seacliff Homeowners communication. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: Silva MOTION TO CONTINUE MEETING PAST 11:00 P.M. -APPROVED The Mayor announced the hour of eleven o'clock and to comply with Council resolution, asked for a motion to continue the meeting. I . y 1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH r TO: Honorable Mayor and City Council FROM: Connie Brockway, City Clerk CB SUBJECT: Minutes 8/15/94 - Deed Restriction on Parcels Transferred to County of Orange- Bolsa Chica Regional Park Phase I-A. DATE: December 6, 1995 Melanie Fallon, Community Development Director, and I have been in touch regarding the anticipated date the above referenced item will return to the City Council per the 8/15/94 minute action. Melanie has advised me of the county's reluctance on this issue and that meetings will have to be held. April, 1996 is the date it may return to Council so I am marking my pending file accordingly. cc: Melanie Fallon, Community Services Director Mike Uberuaga, City Administrator gAcbmemos\95cbmem\95-179cc { CITY OF HUNTINGION BEA4 U9 INTER-DEPARTMENT-COMMUNICATION i HUNTINGTON BEACH - 1 i TO: Honorable Mayor and City Councilmembers FROM: Connie;Brockway, Huntington Beach City Clerk SUBJECT: . August 15, 1994 City Council Direction Re: Bolsa Chica Regional Park Deed Restrictions .-DATE: August 18, 1995 The City Clerk's Office would appreciate direction as to whether the above items should be maintained as a pending Council direction. In response to my earlier request for status information, Julie Osugi, Associate Planner, provided my office with an update from the Planning Department dated 5/23/95, a letter from the City Attorney's Office to the county dated 1/31/95 and the Request For Proposal dated 5/24/95. I would appreciate being informed if there is no longer a need to monitor this in the City Clerk's pending, cc: City Attorney's Office Melanie Fallon, Community Development Director 95cbmem/95-136kw To: Melanie Fallon From: OSUGIJ (JULTE OSUGI) j Cc : CON c_�IC CC�ci,�,gy Bcc . Subject : Harriett Wieder Regional Park Deed Restrictions Attachment : Date : 5/23/95 11 : 14 AM Paul did not receive _a response from County Counsel to his January 31, 1995 letter on the deed restriction language. He made several calls but never received a response and, therefore, took their lack of response as agreement to the final -language of the deed restrictions . The process for incorporation of the restrictions on the already transferred deeds requires the County to file a declaration to amend the deeds . It is my understanding that this requires action by the County not the City. I have "asked Paul to send a letter to the County (Counsel and Bob Fisher) to clarify the status of the deed restrictions and to request that they initiate the incorporating the deed restriction language on the already transferred deeds . In the meantime, Paul said he will call Bob Fisher to clarify the situation. I , am still looking into subsequent transfers to make sure that the language has been or will be incorporated into deeds for park land to be transferred to the County. -1- TO CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Councilmembers FROM: Connie Brockway, City Clerk G$ SUBJECT: CITY COUNCIL DIRECTION RE: BOLSA CHICA REGIONAL PARK DEED RESTRICTIONS - PARCELS TRANSFERRED TO COUNTY OF ORANGE - PHASE iA DATE: March 23, 1995 Attached is information from the City Attorney's Office and the Community Development Department regarding the status of the pending Agenda Item on the Deed Restrictions. I will continue to hold the item in the Agenda pending until notified. cc: Melanie Fallon, Community Development Director Gail Hutton, City Attorney Mike Uberuaga, City Administrator g:\cc\cbmem/deedres _ _ _- A CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - t 7 �Adr% AUG 181995 TO: Honorable Mayor and City Councilmembers DEPARTMEN1 0r COP D,,`I1JNITY DEeE ^PMEN1 FROM: Connie Brockway, Huntington Beach City Clerk 6 SUBJECT: . August 15, 1994 City Council Direction Re: Bolsa Chica Regional Park Deed Restrictions DATE: August 18, 1995 The City Clerk's Office would appreciate direction as to whether the above items should be maintained as a pending Council direction. In response to my earlier request for status information, Julie Osugi, Associate Planner, provided my office with an update from the Planning Department dated 5/23/95, a letter from the City Attorney's Office to the county dated 1/31/95 and the Request For Proposal dated 5/24/95. I would appreciate being informed if there is no longer a need to monitor this in the City Clerk's pending. cc:- City Attorney's Office Melanie Fallon, Community Development Director 95cbmem/95-136kw CITY OF HUNTINGTON BEACH „rr INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ir -yKF 13:" 10AR 2 3 1995 rll TO: Honorable Mayor and City Councilmembers FROM: Connie Brockway, City Clerk G$ SUBJECT: CITY COUNCIL DIRECTION RE: BOLSA CHICA REGIONAL PARK DEED RESTRICTIONS - PARCELS TRANSFERRED TO COUNTY OF ORANGE - PHASE iA DATE: March 23, 1995 Attached is information from the City Attorney's Office and the Community Development Department regarding the status of the pending Agenda Item on the Deed Restrictions. 1 will continue to hold the item in the Agenda pending until notified. cc: Melanie Fallon, Community Development Director Gail Hutton, City Attorney Mike Uberuaga, City Administrator g:bc\cbmem/deedres ti - j J CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH 17 1955 Memorandum DATE: March 16, 1995 TO: "Melanie Fallon, Community Development Director Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk RE: 8/15/94 City Council Direction re: Deed Restrictions on Parcels Transferred to County of Orange -Bolsa Chica Regional Park-Phase IA Please inform the City Clerk's Office to the status of the additional restrictions for the deed for the Bolsa Chica Regional Park Phase IA that is scheduled to return on a future City Council Agenda per the Council action of 8/15/94 (attached). CC: Honorable Mayor and City Council g:Vnlcbmem\bcph1 a.doc From the desk of Melanie Fallon 3 Z Z 9� THURSDAY, MARCH 14, 1996 PUBLIC NOTICES PUBLIC.NOTICES. PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICE tington mesa: item. Direct your written debtor(s) in the property in Division: West Division, Sign Company, Incorpo- 5. Restriction specifying communications to the City the County of Orange, . 8141 13th Street, Westmin- rated, Request: To modify t NOTICE OF the Installation of ranch Clerk. State of California, de- ster,Ca.92683 . an .existing 45 foot high, DISCUSSION type fencing along the ,Connie" Brockway; scribed as follows: APPROXIMATE MINIMUM 624 square foot freestand- e BEFORE THE CITY, eastern border of the park, City Clerk City o1 Hun., Commonly Known Ad- BID $132.83 plus docu- ing pylon sign to a 30 foot I' to deter adjacent do- y" y dress: 10429 Elk River s ,COUNCIL OF THE, velo ment activities from tington Beach,.2000 for each Transfer tax.of se high,276 square foot multi- -CITY OF p Court, Fountain Valley, Ca for each $500 of purchase tenant pylon sign.Location: e encroaching on to or dis. Main Street,2nd Floor, 92708" price 9891 " Adams Avenue a HUNTINGT DEED BEACH turbing the park area;and Huntington Beach, Cal Legal Description: Lot 61, Michael S.Carona (Mervyn's Center northwest ON DEED 6.Restrictions.lo minimize ifornia 92648, 714 Tract 6911, MM 277, PG. ti l ) By:D.Braun,Deputy corner at "Brookhurst RESTRICTIONS grading and landform mod- 536.5227. 31.34 Inc., APN 156.232- NOTE:-Do not take down Street) Planner Assigned: 4 FOR PARCELS TO itication to preserve the 23. D natural topographyof the.. Published Huntington Owned b James Royor deface a posted notice Wayne Carvalho TI BE TRANSFERRED site Beach=Fountain Valle In- Pa an and Robert •Le NOTICE IS HEREBY ar FROM THE CITY. y before the sale or satisfac- de dependent March 14,1996. y GIVEN that Items #1 and 7. Restrictions prohibiting P Payan, in Equal shares, as lion. of judgment. Penal I OF HUNTINGTON the provision. of parking, 032.193 e are categorically ex- OF p g" tenants in Common. Code Section 616 (misde- empt from theprovisions of gr BEACH TO THE areas and paving in the Property to be sold: 1/2 meaner). the California Environmen- sr COUNTY OF ORANGE park:and PUBLIC NOTICE share owned' by James Published Huntington tal Quality Act. in FOR THE HARRIETT 8.Requirements for a vol- Roy Payan. M.WIEDER unteer coordinator to im• Robert Lee Payan, Properly g Beach-Fountain Valley In ALL INTERESTED PER- 10' is a dwellin el plemont a" volunteer as.- 4628 Prospect Ave., if the subject of this sale dependent February 29, SONS are invited to attend to REGIONAL PARK. March 7,1 1,.1996. said hearing and express .NOTICE .IS HEREBY sisted planting program. Yo r b a " L-1 n d a, C a is real property and,it has opinions or submit evi• pe GIVEN that on Monday, In light of recent requests' 92686.2122 (714) no street address or other 025-109 dence for or against the or March 18, 199G,at 6:30 PM by the surrounding com- .528.9794 common designation, di- application as outlined' If in the City Council 30 PM munity for the provision of Superior Court rections to it's location may PUBLIC NOTICE above. It you challenge the or neighborhood ark tacili- be obtained.from the Mar lh( bers, 2000 Main Street, 9 p of California, NOTICE OF Zoning Administrator's ac- Huntin ton Beach, the City ties within the Harriett M. shays Office upon request. lion in court, you may be Yo g y Wieder Regional Park, the County of Orange PUBLIC HEARING Y Y g Prospective bitlders limited.to raisin an, Council will be taking an- PLAINTIFF: Robert g only those Huntington Beach City . should rater to Sections BEFORE THE ZONING so, lion on the following plan- g Y issues you or someone ping and zoning item: Council Is also being re- Lee Payan 701.510 to 701.680, inclu- ADMINISTRATOR OF else raised at the public po quested to give staff direc- DEFENDANT: James sive, of the Code of.Civil THE CITY.OF for, ' 1. Consideration of inter• hearing described in this lion on the incorporation of Roy Payan, Shirleyrocedure for provisions of poration of the following re-. Y Y r Y P HUNTINGTON BEACH notice, or in written tor- striclions into deeds. for minor active park facilities .May Payan governing the terms,condi- NOTICE IS HEREBY respondence delivered to ter: parcels of land to be trans- (such as tollols and open NOTICE OF tions,and effect of the sale GIVEN.that on Wednesday, the City at, or prior to the 91I lerred from the Cityof Hun- play areas). and the liability of default- March 27,1996,at 1:30 PM public hearin Under the bat ON FILE: 'A cop of tfie MARSHAL'S SALE. ing bidders. g in tington Beach to the Y LEWING OFFICER in the Room B-6, 2000 provisions of the Hunting- reposed reposed request is on file NOTICE IS HEREBY bef County of Orango for de- P Main Street, Huntington ton Beach Zoning and Sub- in the City Clerk's Office, FILE NO.: GIVEN that on Thursday, Beach,the Zoriin the velopment as.the Harriett g Admrnis- division Ordinance, the ac- 2000 Main Street, Hunting- WOCS608060•A March 28, 1996, at 10 trator will hold a abc M. Wieder .Regional Park public. lion taken by the Zoning ton Beach, California COURT CASE NO.: o'clock A.M. at West Or- hearing. YC {lormerly the Boise Chita g. on the following Administrator is final unless Regional Park or the Linear `92648, for inspection by 608060 ange County Marshal Dept. items: an appeal if filed to the file Park):. the public. A copy of the. By virtue of a writ issued 8141 13th Street City of 1. SPECIAL SIGN PERMIT Planning Commission by are 1. Restrictions that the staft report is available to on August 11,.1995 In the Westminster, County of.0r-. NO. 96-2/PLANNED SIGN you or by an interested the interested parties at the ange, State of California i PROGRAM NO. 92.9 with parcels be held in perpetu- above designated Court, (R): party.Said appeal must bA ity for park use; City Clerk's Office. upon a judgment entered will sell at public auction to Applicant: Promotional in writing and must set clue 2._Restrk use, that land- All INTERESTED PER, July 10, 1995 In favor of the highest bidder,. for Signs, Incorporated, Re- forth in detail the action the ,sca in on the parcels be SONS are invited to attend judgment creditor(s, Rob- cash in lawful money of the quest: To permit a four 4 and rounds b which the and p 9 p ) q P ( I i Y_ restricted to native vegeta- said hearing and express art Lee Payan and against, United d Interest the right, square toot logo sign iden- applicant s interested sets lion; opinions or submit evi- judgment debtor(s) James. title and Interest:of.said tifying-Starbucks Coffee on party deems himself ag• sect dence for or against the Roy Pa an, ShirleyMay judgment debtor(s) in the an existing tower structure grieved. Said appeal must sect 3. Restrictions an the use y' Y y Y g 9 of herbicides and pe�ti- application. as outlined Payan showing a net bat- above described property, located 'adjacent to the. be accompanied by a tiling nia above.,It there are any fur-. ante of$16,393.69 actual) or so much thereof as may. business. Location: 5141 fee of Two Hundred Dollars. quo' thertides on the parcels; Y 4. Restrictions requiring. juli questions please call due on said judgment on be necessary to satisfy Warner Avenue, (Meadow- (5200.00) if the appeal is form Julie Osugi, Associate the date of the issuance of said execution, with ac• lark Plaza Planner As- filed b a single familytour completion of a compre• ). Y. 9 hensive survey of archaeo- Planner, at (714) 53G=5271 said writ, I have levied trued interest and costs. signed:Wayne Carvalho dwelling property owner A logical sites on the Hun- and refer to the above upon all right, title and in. Dated February 20,1996 2•SPECIAL SIGN PERMIT appealing the decision on tion terest of said judgment NO.96-3:Applicant:Award his own property and Six TH( Hundred Fifty Dollars HAF ($650.00).it the appeal is (CS filed by any other. party. ATE The appeal shall be sub- 213 milted to the Secretary of 171 S.TARTINGPlanning Commission y 6 within ten (10) calendar BEE �� �,•,� :�'�•' days of the date of the _F Zoning Administrator's ac- Bea, r, Al ( {(1.. . r ` lion, unless otherwise dap, r noted. It there are any 1 199E call \\ ther questions please call v ` 1 the Planning Division at _ 536.5271 and refer to the -+._�: �✓✓ above items. A .NE WY Herb Fauland, Hun tington Beach''Zoning Administrator �� Published Huntington PIP, \` Beach-Fountain Valley In-. \ dependent March 1 ,1996. it? U4SINESS. �l O O O O O Ill O O O ® O O O O PUBLIC NOTICE: C BSC 4875 3 The LegalDepartmentat the Indlendent isJ leased % NOTICE OF. C PETITION TO to announce a new service now available to new businesses. ADMINISTER F i ESTATE OF: LOIS A.MITCHELL We will now SEARCH the name for you at no aytra charge, and save you the CASE NO.A181699 N To all heirs,beneficiaries, time and the trip to the Court House in Santa Ana. Then, of course, after-the seamh creditors, contingent credi- tors,and persons who may is completed we will file yourgaitious business name cf1MPm1 ,t,;o-h *u� �_ ._.__ -1/A1/-74 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 15, 1996, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the following planning and zoning item which was continued from the March 18, 1996 City Council meeting: ❑ 1. Consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harriett M.Wieder Regional Park(formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation. 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Restrictions requiring completion of a comprehensive survey of archeological sites on the Huntington mesa; 5. Restriction specifying the installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M.Wieder Regional Park,the Huntington Beach.City Council is also being requested to give staff direction on the incorporation of minor active park facilities (such as totlots and open play areas). 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 after April 1, 1996. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Julie Osugi, Associate Planner, at.(714) 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (cclg10415) HARRIETT M. WIEDER REGIONAL PARK Deed Restriction and Neighborhood Park Facility Issues NOTICE OF PUBLIC INFORMATION MEETING AND HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH Public Information Meeting NOTICE IS HEREBY GIVEN that on Thursday, April 4, 1996, at 5:00 PM in Room B-7, City of Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, a public information meeting will be held to update interested parties on the deed restriction and neighborhood park issues that will be presented to the Huntington Beach City Council at the April 15, 1996, City Council meeting. Interested parties are encouraged to attend. If there are any further questions regarding the public information meeting, please call Julie Osugi, Associate Planner, at (714) 536-5271. Please, direct any written communications on the Harriett M. Wieder Regional Park deed restriction or neighborhood park issues to the City Clerk at the address below. Public Hearing NOTICE IS HEREBY GIVEN that on Monday, April 15, 1996, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will be taking action on the following planning and zoning item which was continued from the March 18, 1996 City Council meeting: ❑. 1. Consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harriett M. Wieder Regional Park (formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation. 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Restrictions requiring completion of a comprehensive survey of archeological sites on the Huntington mesa; Public Hearing (Continued) 5. Restriction specifying the installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M. Wieder Regional Park, the Huntington Beach City Council is also being requested to give staff direction on the incorporation of minor active park facilities (such as totlots and open play areas). 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 is available to interested parties at the City Clerk's Office. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Julie Osugi, Associate Planner, at (714) 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g;\osugi\park1g12.doc) 4 +ynocra OFFICE OF CITY ATTORNEY P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 City Attorney Fax (714) 374-1590 January 31, 1995 FE3 01 1995 Nicholas S. Chrisos, Esq. Deputy County Counsel Orange County Hall of Administration 10 Civic Center Plaza P.O. Box 1379 Santa Ana, California 92702-1379 Dear Nick: As you recall, you have proposed the following language regarding the deed restrictions for the Linear Park: The property shall be used solely for passive recreation, emphasizing native vegetation for wildlife habitat enhancement and nature interpretation. "Passive recreation" means uses which are compatible with larger Bolsa Chica ecosystem and close by residential neighborhoods, such as hiking, bicycling, horse riding, small group picnicking, nature study and viewing across the Bolsa Chica lowlands and the Pacific Ocean. An interpretive center with staff office space for the County's Harbors, Beaches and Parks Department, California Department of Fish and Game, and the Bolsa Chica Conservancy, together with staff and visitor parking areas are also allowed. In recognition of the significant archeological resources potentially present on-site, there shall be strict adherence with all State and Federal archeological protection laws and regulations in the development and management of the park. 0:parkdee1doc 1 1 Nicholas S. Chrisos, Esq. January 31, 1995 Page 2 As we discussed, I have redrafted my November 16 proposal to include some language that provides for a notice and cure period regarding a breach of the condition subsequent, as well as including the other changes you suggested. The new proposal (including the . changes) is shown below. This grant is made upon the express condition subsequent that the property be maintained in use for perpetuity as a park as stated herein in this deed. This condition subsequent is hereby expressly declared to be a condition subsequent giving rise to a power of termination pursuant to California Civil Code Section 885.010 et seq., and is not a personal covenant. In the event that the property is not maintained in use for perpetuity as a park as stated heFei., OF iR the event ^f any ..theF b... aeh ^f this eendi*i^^, in this deed, and after written notice thereof to Grantee and a period to cure not to exceed 60 days, the property described herein shall revert to the City, its heirs or assigns, who shall have the right to enter upon said property and take possession thereof, or to otherwise terminate the estate granted herein as may be provided by law. Please review and comment to me at your earliest convenience. Very truly yours, Paul D'Alessandro Deputy City Attorney cc: Gail Hutton, City Attorney Melanie Fallon, Director of Community Development G:parkdeeldoc 1Y OFFICE OF CITY ATTORNEY cast,c' P.O. Box 190. 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) S36-SSSS City Attorney Flax (714) 374-1590 January 31, 1995 FEB O 1 1995 wvu DE►Li r Nicholas S. Chrisos, Esq. Deputy County Counsel Orange County Hall of Administration 10 Civic Center Plaza P.O. Box 1379 Santa Ana, California 92702-1379 Dear Nick: As you recall, you have proposed the following language regarding the deed restrictions for the Linear Park: The property shall be used solely for passive recreation, emphasizing native vegetation for wildlife habitat enhancement and nature interpretation. "Passive recreation" means uses which are compatible with larger Bolsa Chica ecosystem and close by residential neighborhoods, such as hiking, bicycling, horse riding, small group picnicking, nature study and viewing across the Bolsa Chica lowlands and the Pacific Ocean. An interpretive center with staff office space for the County's Harbors, Beaches and Parks Department, California Department of Fish and Game, and the Bolsa Chica Conservancy, together with staff and visitor parking areas are also allowed. In recognition of the significant archeological resources potentially present on-site, there shall be strict adherence with all State and Federal archeological protection laws and regulations in the development and management of the park. G:parkdeeIdoc Nicholas S. Chrisos, Esq. January 31, 1995 Page 2 As we discussed, .I have redrafted my November 16 proposal to include some language that provides fora notice and cure period regarding a breach of the condition subsequent, as well as including the other changes you suggested. The new proposal (including the changes) is shown below. This grant is made upon the express condition subsequent that the property be maintained in use for perpetuity as a park as stated here in this deed. This condition subsequent is hereby expressly declared to be a condition subsequent giving rise to a power of termination pursuant to California Civil Code Section 885.010 et seq., and is not a personal covenant. In the event that the property is not maintained in use for perpetuity as a park as stated heFein, 9F in the event of any etheF 13Feae this , in this deed, and after written notice thereof to Grantee and a period to cure not to exceed 60 days, the property described herein shall revert to the City, its heirs or assigns, who shall have the right to enter upon said property and take possession thereof, or to otherwise terminate the estate granted herein as may be provided by law. Please review and comment to me at your earliest convenience. Very truly yours, r Paul D'Alessandro Deputy City Attorney cc: Gail Hutton, City Attorney Melanie Fallon, Director of Community Development G:parkdeeldoc To: Melanie Fallon From: OSUGIJ (JUI,;E OSUGI) cc : CoNNIC CC�CWAY BCC : Subject : Harriett Wieder Regional Park Deed Restrictions Attachment : Date : 5/23/95 11 : 14 AM Paul did not receive a response from County Counsel to his January 31, 1995 letter on the deed restriction language. He made several calls but never received a response and, therefore, took their lack of response as agreement to the final language of the' deed restrictions. The process for incorporation of the restrictions on the already transferred deeds requires the County to file a declaration to amend the deeds . It is my understanding that this requires action by the County not the City. I have asked Paul to send a letter to the County (Counsel and Bob Fisher) to clarify the status of the deed restrictions and to request that they initiate the incorporating the deed restriction language on the already transferred deeds . In the meantime, Paul . said he will call Bob Fisher to clarify the situation. I am still looking into subsequent transfers to make sure that the language has been or will be incorporated into deeds for park land to be transferred to the County. -1- 04-15-1996 03:22PM FROM MJw TO 3741557 ' P.01 fit} (i{ 14 Si i 1 r- APR r k1UN - -1 I • April 1 ; 1996 Re: Rey " aI park . De� ;Restrictions As a re a or Yn'the Huntington Beach area, I would like toshare some:!facts that appeared "in'.Realtor News" January 30, 1995. The article was titled "What BOyexs V�ant in a Co n L Low.Ttaffic and Quiet is Essential. 2: :mts'of Natural Open Spaces." 3 Waaing Fa1 . ths 4." Wildemess Axeas with Flora and Fauna that Existed Before Develop ',orient." This is a.imessa$e,for all of us. We don't need tot lots or tennis courts. We've been there oe that. There are plenty:of recreational areas for children in the area. What i rong with lookuig at an area as it once was? Please keep the deed restrictions on the park. I I I 44 k TOTAL P.01 04/15/1996 13: 33 714-691-6492 PAGEANTRY WORLD PAGE 02 • ,�ml S P.O. Box 3748, Huntington Beach,'UKU05-37481• (714) 897-7003 CW) HUNTINGTON "sEtCHx CALIF. owl 60q J10.4� APR 15 3 45 P14 '96 WChica . I I April 15, 1996 To: Huntington Beach City Council Subject: Linear Park For several decades Amigos de Bolsa Chica has been advocating and supporting a I near park to buffer the Bolsa Chica Wetlands from development_and to provide upland habitat areg s adjacent to the wetlands. Starting with. an original proposal of over 400 acres. Amigos havo continually supported preserving the greatest acreage possible for the park and stressed the park importance as a buffer to the Bolsa Chica Wetlands. Prop. 70 ;money which the Amigos worked h d.to secure for Bolsa Chica was available for both lowlands and uplands acquisition, including adding land to the regional park. Amigos representatives have been members of the various cit ns groups assembled to discuss and plan the regional park. Amigos have supported the prime elements of that plan which includes: * The Regional Park should act as a buffer to one of the regions most valuable habitat end resource areas - The Bolsa Chica Wetlands. * The Regional Park should provide upland habitat for species that utilize the wetland but nest or live outside of the wetlands. * The plant life in the Regional Park should reflect the native species that were in thi area in the past. Much of the current vegetation is not native. * Most of the Regional Park should be used for passive activities and preserved as undisturbed habitat area. An interpretative center and a system of trials for equestrians and pedestrians with occasional benches and view areas were typically the limit of man's use of the park ea. * The park was to be a Regional. Park because the County provides little in the way ;of Regional Parks for the Second Supervisorial District. * Planning, restoration and completion of the various phases of the Regional Park proce as quickly as possible. 1t has already taken nearly 20 years to bring the park to its present stage,. Amigos de Bolsa Chica continues to support those elements of the Regional Park plan fiat received the support of the many members and interests represented at these citizen's advisorr committee meetings. 04-15-96 01 :40PM P02 04/15/1996 13:33 . 714-891-6492 PAGEANTRY WORLD PAGE 03 . Amigos have also recommended that the community have the opportunity to b me actively involved in the creation of the park. We have urged the County and the City to allow the residents to be actively involved in the collection of native plants and seeds, a native plant nur ery if one is located on site, and in the clearing and planting of the park area. There is significart community interest in this park and we all want to be a part of its creation. Tot lots and other active uses of the park were discussed in these meetings and at pu, lic hearings on numerous occasions. The general consensus was to not include these in the park.' Active uses such as ball parks were already being provided for at Central Park and would typically be included in any school site built in the community. Amigos is not aware of any agreements between developers and the city for the inclusion of active use areas in the park and is unaware of any discussion of such agreements at meetings of the citizens advisory committee. Repre entatives of both the city and developer were frequently present at such meetings. if the City Council wants to consider at this time the inclusion of tot lots or active uses in the park we feel they should consider the following: * The citizen advisory committee was not in favor of these uses because they eonfli ted with the purpose of the park. Homeowners across the street from the park have been opposed such uses, parking areas and at times even benches and tables. * Seapointe is a 4 lane highway with significant high speed traffic traveling. The locati n of tot lots within the park would pose dangers to children trying to cross over Seapointe. * The current limited size of the Regional Park - approx. 106 acres is partially die result of continual changes in the alignment of Seapointe to maximize the development area to th South. Tot lots could have one of the uses of that additional acreage. * Developments along the North side of Edwards are still in the preliminary stages a d if tot lots are desired, they could be included in the tracts yet to be approved for this area. ThIse areas are also closer to the facilities at Central Park. * It there is still a need for a Tot lot in the Seapointe area, the area adj nt to the interpretative center is the only one that would make any sense. Even there any te. lot should be as small as possible, not interfere with or negatively impact the upland habitat and the wetlands, and provide safety for children coming to use the area from residences on the South side. The o* deed restriction that makes sense is "to be used for park purposes". Any other conditions should be handed separately in a similar manner . to conditions for a development. Title to prop= should not be burdened by conditions which may not be appropriate in the future and lack the mechanism to permit modification, amendment or removal. 04-15-96 01 : 40PM P03 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUWnN=N BEACH TO: Honorable Mayor Sullivan and City.Council Members FROM: Melanie S. Fallon c�cc.�s�x-�'f i Z Director of Community Development l� mx: VIA: Michael T. Uberuaga x m r C] o DATE: December 6, 1995 SUBJECT: Harriett M. Wieder Regional Park Deed Restrictions--Status Reporter As you may be aware, the deed restrictions for the Harriett M. Wieder Regional Park were pulled from the December 5, 1995 agenda. The RCA was to discuss the status of the deed` restriction-issues and the new Quimby Act concerns raised by the adjoining neighborhood. Staff removed the item from the agenda due to additional issues which arose regarding the Coastal Commission stairs recommendations on the Regional Park (as.part of the Bolsa Chica LCP) and new County Counsel's reservations on the previously drafted deed restriction language. Staff met with Coastal Commission and Orange County Harbors, Beaches, and Parks staffs to discuss the issues. At the meeting, Coastal staff indicated that the park was located within the Coastal zone and that each phase of development of the park would require approval by the Coastal.Commission. The Coastal Commission staff also indicated that while it saw no problems with deed restrictions which limit the property to park purposes, it would object to any restrictions on the nature of the park(which may preclude or be in conflict with future Coastal Commission actions on the project). The County also presented two alternatives for addressing the local neighborhood's Quimby Act concerns. Staff is planning to bring the deed restriction, Quimby Act issues, and the County's Alternative concept plans to the City Council at the January 22, 1996 meeting. cc: Ron Hagen, Director of Community Services Howard Zelefsky, Planning Director Julie Osugi, Associate Planner Bob Fisher, Director OC Harbors, Beaches, and Parks c:\julie\misc\cntrlprk\gunrng2.doc �dn PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) I am a Citizen of the United States and a I— 7--Restrlctions prohibiting PUBLIC NOTICE the provisions of parking resident of the County aforesaid; I am areas and�paving.in the. , _ :NOTICE`OF*c. - park;-,and over the age of eighteen years and not a '� PUBLIC HEARING i 8 Requvemants fora - , BEFORE-THE CITY � unteer coordinator Im to Im- ' COUNCR'OF THE plenient a "volunteer as- party to or interested in the below CITYGF II sisted planting program: entitled matter. I am a principal Clerk Of HUNTINGTON BEACH` In light of recent-requests NOTICE. IS HEREBY ,I by the surrounding com- GIVEN that Jon Monday,- i munity for the provision of the HUNTINGTON BEACH INDEPENDENT a April 15; 1996, at 7:00 PM I'neighborhood park facill- r In the Cl Council Chem. arriett- M. Wlederthlfglonalin the HPark .f e newspaper of general circulation printed. bers ;2000 :Main Street, b f Huntington Beach the Clty Huntington: Beach City Council will'-Bold a public I Council Is also•tieing. re-I and pu fished in the City of Huntington hearing on the following I quested to give staff'dlrec- tannin and zonln Item tfon on the Incorporation of; Beach County of Orange, State of p g g7 minor active park facilities ty g , t hlch'arch continued from (such as totlots and:open the .March 78, 1996' City piayy areas) " I California, and that attached Notice Is a Council meeting: I ON FILE A copy of the 1 1. Consideration of incor- proposed request son file-1 true and . complete copy as was printed porationofthefollowingre Ilin the-City CI s:Offlce, stnctlons Into. deeds_for.i 12000 Main Street, Hunting-1 and published in the Huntington Beach fehedfoflane-Cibetrans ton. Beach,>California fined from the City of Hun-' 192648; for_,_Inspection'by tmgton Beach to the the ublic.'A co and Fountain Valle IS$Ues Of said County-of.Orange for de- p pY°of {he. Y veloppment as the Harriett staff report will be available M: Wieder Re Tonal:Park to Interested parties,at the. newspaper to wit the .issue(s) of: gg City' Clerk's office after.I I(formerly the Bolsa Chlca ,April 1,1996. Regional Park or the Linear ALL INTERESTED PER- Par"): SONS_ are Invited to attend 1 Restrictions that the, !said hearing and express parcels be held In perpetu--,f opinions or submit: evl- sty for park use; l dence for. or.against the 2. Restrictions that-land- application as outlined April 4, 1996 scapIng on the parcels be. 1 above. If there are.any fur restricted to native vegeta- ,tfier'questions please call I lion. 1 Julie Osugl Associate.: I ' Restrictions on,the-use of herbicides Wand pests--I Planner at'(71 t e'above tides on the parcels I and `refer ,to the' ' 4. Restrictions requlring coitemmunications Direct your written I completion of 'a compre- communications to the City I declare, under penalty of perjury, that . hensive survey'gf archaeo- Clerk. logical'sites on the Hun-= Connie Biockway, the foregoing is true and correct. tmgton mesa City Clerk,City of Hun_, 6 Restriction specifying ,tingten Beach,, 2000 the Installation"of„ranch Main Street,:Znd Floor, +, type "fencing".alo ing ng; the Nuntton.Beach;Cal• i eastern_border.;of the park 11tornla 92648 .(714)" to deter --adjacent de- .538.5227 Executed on A r i l 4 � 199.�; i veiopm activities from Published Huntl U I encroachhing'on to or dis= nton.9 1 turbing;the park area and" Beach-Fountaln" Valley .1n- at Costa Mesa, California. ; 6 Restrlctionsto'minimize dependent April 4,1696. grading and landform mod- 1 041-312 i ificatlon to, preserve the - J natural topography of the I site. -- -- Y f Signature Connie�Brockway,City Clerk <. City of Huntington Beach MSEWSR - - Office-of the City Clerk � r, , �,P.O.Box 19U .34 " A 4 )Huntington Beach,CA 92648 �+ 10 '�� _ BER \ � r "i 1i• 1 C ( • w n •o RIOT KNOWN-- el. YPIRED 4r 11/96 SAMA i41A CA 92.7 43 Itials_ rr: 110-153-13 �- �` Elemer E. gown $ U ,� `` �<�',�% ``. 524 9th e. East D,NQC;AVd Salt La City UT 84103 NTy �a LEGAL NOTICE - PUBLIC HEARING • j ��r�rul�r�i��nr�rr��rr�ii'��rrnr���r�rr��u►1r�re��rrur�i�r NP HARRIETT M. WIEDER REGIONAL PARK Deed Restriction and Neighborhood Park Facility Issues NOTICE OF PUBLIC INFORMATION MEETING AND HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH _ PublicTInformation Meeting NOTICE IS HEREBY GIVEN that on Thursday, April 4, 1996, at 5:00 PM in Room B-7, City of Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, a public information meeting will be held to update interested parties on the deed restriction and neighborhood park issues that will be presented to the Huntington Beach City Council at the April 15, 1996, City Council meeting. Interested parties are encouraged to attend. If there are any further questions regarding the public information meeting, please call Julie Osugi, Associate Planner, at (714) 536-5271. Please, direct any written communications on the Harriett M. Wieder Regional Park deed restriction or neighborhood park issues to the City Clerk at the address below. Public Hearing NOTICE IS HEREBY GIVEN that on-Monday, April 15, 1996, at 7:00 PM in the City Council Chambers,2000 Main Street, Huntington Beach, the City Council will be taking action on the following planning and zoning item which was continued from the March 18, 1996 City Council I meeting: ❑ 1.. Consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harriett M. Wieder Regional Park (formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation. 3. Restrictions on the use of herbicides and pesticides on the parcels; .4; "'' =`Restrictions requiring coinpletiori of a eompreliensive survey of archeological sites ori•the Huntington mesa; Publ-ic: Hearing (Continued) , 5. Restriction specifyingahe:installation of ranch type fe.ncing-along the eastern border of the park to deter adjacent development•activities:from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program:- In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M. Wieder Regional Park, the Huntington Beach City Council is also f being requested to give staff direction on the incorporation of minor active park facilities (such as f totlots and open play areas). 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 is available to interested parties at the City Clerk's Office. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Julie Osugi, Associate Planner, at (714) 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g;kosugilpark1g12.doc) RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development SUBJECT: Harriett M. Wieder Regional Park Deed Restriction and Neighborhood Park Issues Continued from March 18, 1996 COUNCIL MEETING DATE: Aril 15, 1996 . ........ RCA ATT�4CHMENTS ..... STATUS - _ . Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits' Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable ................... ......... ............ ._....... .._.. ..... ............................................. ........... ......................._ M >X GA R MNF................. __ . ....... .... ...... ...... .......... ......... ....... .. ........ ......._. ......... ... _ _ ............ . . ..... ... ..... .._.... ........ ...._ ....... .... .......... REVIEWED RETURNED FORWARDED ... ... Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM. SpaceOnly) Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerkl IN P.O.Box 190 i rrl 10 Huntington Beach CA 92648 "''"'q s "'' a ` 4/11/ A114A CA � A •rrO ��" s si 159-084-11 Efo` Hall, Robert N TR ��pNTINGTpy� s� For Plum Trust Q `,RCOR/OR�PE F`� 18142 Brentwell Cir Huntington -Beach, CA 92647 y BOUNTY LEGAL NOTICE — PUBLIC HEARING 11LI,1 oil,,,i111.11„i,si„i,i,li„1 " -. -'-_.--: .� : -:w..... . . .:.. ..." ..._ ...��..�•,,._�._,-..`l--. "__._ - -.... __'�- __-' -- .� -,..... _ � _�. -._ '._--=a �-�-. -•-�-,---- -_� --,Y--•-.•.�.-two. —'"-_-- - -- Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Air R 10 96 �- Huntington Beach,CA 92648 ds, Al 4 fun FALSE L' 1 I�j1Vf A r 023-391-26 "l Atherton, Robert C.���`� T /l� 19256 Coldstream LanC� 'Q . ��pN11NGTpy� Huntington Beach CA " Q `NCORPOR17.ISO RPF F } 9'yCF `f4" o ��QQ ppUNTY ca` LEGAL NOTICE — PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach - Office of the City Clerk �' ~ P.O.Box 190 Huntington Beach,CA 92648 tPP'0 j C 4/11/96 MANTA ANA,CA 927 #3� 110-151-1�j� Huntington Beach Comgany 2124 Main St. 'Fj F q Suite 200 r� TINGt �i SON O�fi S � Huntington Beach CA 92� BFso 0 MtONPOAAIE - Fp �V `FQy�Z 1909.P•� OQ .. - LEGAL NOTICE - PUBLIC HEARING title...Wall.litili all filial 1111411l till]lea aid fill 11IN Connie Brockway,City Clerk City of Huntington Beach - Office of the City Clerk s i a a ,3 P.O.Box 190 p E T„R ` A. ;u NF s rf"a.fv 3` fi+ • l°��• a Huntington Beach,CA 92648 .o o g g �� : _'- SEHpEF �Y,A Z)9J -f!ri 7 �} !I N E [1:�''�U•"V',L'AR CALIF e;rn_� S AVfepXN VlpEp 4i11i96 �AtaTA t 60 #3 J UW pER - E r3 — 0 'n a1*�e�r Homex Corp. "t Coun A at, meowners Assn_ INGTpy 17205 i Hwy. p� =MGONPOAAjFo dF � Sunset each,, - NTY c0LI ca LEGAL NOTICE - PUBLIC HEARIN '111 fit flail 11.1111111111111111tt1 fill fill life 111111111111t1111 uonnie Brockway,City Clerk City of Huntington Beach Office of the City Clerk _ -- -- P.O.Box 160 Huntington Beach,CA 92648 023-381-07 �pNT 0 Bliss,Richard S. I NGTpy ���9 119243 Seabrook Cir _ MCO9VONIrfG �/A %;1��� Huntington Beach,CA 926Q Li o - 9 mow_•-•� NTy LEGAL NOTICE - PUBLIC HEARING ( ! - llifl(- - -. --_ -- ------- - - ��fl!lffiFi}}i7t} [fIl!! !!1£ tf�t�i3£i(fIFi}IIilltI!!I1 '1j Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk r 'f u y P.O. Box 190 ` ,<L -3::A Huntington Beach,CA 92648 � . -, a 1 r!I RETpq CANE — RA-:;n��;, . a .. ro�Ro XX 4/11/96 SANTA AMA,CA 927 #3 � A0�/d "XfQ ' ^b.0' �` NG�R��RFkp -ski-3 Atr of Seacliff - VNTINGTpy�F _�`�;. ' eswnw Spur•Rd. #230 t Ro11i7n�Hills, CA 90274 C.3 - 9Sol Z �puNry cP LEGAL NOTICE --PUBLIC.HEARING :--iF K ;= Connie Brockway,City Cie►TM,-__._ City of Huntington Beach - _ ----- _ �v . � G Office of the City Clerk r '`-" � ., ��' c� G= P.O.Box 190 �`-""----_ __ - h' �- a-i s a _ s -� J _ x a Huntington Beach,CA 9264� - -� „ , „ ., �'?10 96 C '�)- ivi P J. TO ALI*- SENDER Nor 4z 11x96 SAV TA AMA,CA 927 #3 ' DELIyER ' AS ADDRESSgg LE TO FOR D 023-371-86 Club' Series of Seacliff Homeowners ASSN INGTpy %Attn Richard Kowles %Cayman Development � =��►oq„fO 9 Rollin Hills yV� =--_ �' ---- --g- Hilil -�, CA 90274 C., - C=1 i LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach i v,; Office of the City Clerk j /� �"^\ �' r='`P- ✓` P.O.Box 190 T f L to Huntington Beach,CA 92648 To E �37 01 1.1LtF� O-v7j�`_` - tT - RQ .f::�%1�%'_r: si'�•a I.� 'r'!'lH [:'•`fir'-j'1�: 3'�L Erp�R� 023-381-8 Club Series of Seacliff Homeowner Assn TING 608 SIINmr Spur Rd. Suite 250 TQy Rolling Hills Estate CA 90274 =M�carox�rF° �l� 9yC�• `fejz�° ���Q - - cpuNTY Cp` LEGAL NOTICE - PUBLIC HEARING fill,Jt, .w 4}o•110-152-11 &•011 152-12 4 110-152-13 City' 1 nt ' ngton Beach City, ntington Beach City ntington Beach 2000 L . P .O 90 P .O 190 Hun'%i�g1c h CA 92648 Hunt�.nggton Bn A 92648 Hun g on Bh CA 92648 110-152-14 b�0110 52- �!° 110-1 -f16 Margaret Bailey City o tington Beach City _ tington Beach 4060 Chapman Pl . ✓ P.O. 90 P. 0 in �o 19C Riverside CA 92506 Hunt on Bh CA 92648 Hunt�iIsto Bh CA 92648 �,b110-152- 7 &,b110 53-0 G�'110-1 3-07 City ington Beach City :�ington Beach City oa ingtor_ Beach 2C00 St . Fl 2&b 2000 �. t . P . O. Bb 0 Hunt " o Bh CA 92648 Hun d Bh CA 92648 Hunt - ,. JBh CA 92648 411C- 53-4§ b.b110-153-09 0.110 53-10 City' . :-Lingten Beach CityVnn9 - ir_ctcn Beach City r�tireton Beat- P. 1.., nn n n n (, C. 1 �0 P. v. 2 Hunti�.�. .,n 5h C 92648 Hunt i �^ CA 92648 Hunti :gt Bh CA 92648 iiC-1 3-11 (j.b110-1~3-2 F 11C 01ty O _at1nC%C?7 BEach 01ty i :t_ncton Beach =lmer = . BrCW-_ P.O. 0 2000 L . 524 9th Ave . EigsT .i Hunt_ _ 0: Bh C' 9264 B Hunt'. ton =n C=: 92648 Sa!t Lake Cty UT $4103 l0•�110-1 3- 4 �J�110153 110-153-16 City C+ tington Beach Cit 1tii'?gton, Beach Milton H. Marow C2000 N1 St . 200 t . 864 N. Bundv Dr.Hunt cn h CA 92648 Hu!?ton =. CA 92648 Los Angeles CA 90049 C.T,A ec l e.we1- i/0-a3/- 01, oL il, i�o-a3�- 3, oy moguls& N!'f 44110-23 - ,3" 1 - �✓Ig Ci gnat Companies i:?C !) Si- a?es Inc Sig-n al Bolsa Corporation 4343 Von Karman Ave . 0 4343 arman Ave . P.O. Box 2099 Newport Beach CA 92660 Nep Be CA 92660 Houston TX 77252 w t _ b-b110-2 ;,0 ��,11 23? ,��- b6110- 2-0 Signa � a Corporation Hu t on Beach Co Pacifi �t Homes P.O. 099 P./b.._ 285 P.O. 285 HoL t rj/ 77252 won X 7700i Hou� T 77001 Ac `D C.I+C_ c� Co(L��.a��o.r o o- ��v4oN — (� ,�+e_op�.��•-t,� I m Y xm1() 1-Y :C mUI,- to Is (n It) '181-' 1-' 111` .rdD:I.; 1 G U1 to G In (D Ln Ln 01 IJt �: Ut o, I)l G m (n ,. �' m (I1 R 1:: ? u 1 G oD m (r, f-: o0 0, to (: m F; to IP 0, to � to rt to i3 lb I-' to � ,P :� to :3 Q Ur to �� I-' t0 � ::f I � + t1, � I-' ':S In :3 I-' Ij to :3 I-, 1'. lP rt, N l.< I rt N ro I rt I-..I ro I rt P G' I (n • rt I r fr is I u r1' I-I I'• I rt N lJ. I rt lh rt I rt N l0, I 1� W P- K W P- W P- ro W ro (D W ` i' N O rj 1- 1-' ( r) I-'• I-' of O P. N O P. N n,:) `f H t--I Ut 'j t-J IP "I I J ;IY In I] 1-' m rr (VI I-j Ul y (x, 0 'S m y =i On s '), OD `S rt m to K 1-j (() lj X 1- lQ Ij Y to tj I ' O �t Y �l0 (11 , d> r IO I. ' , I 'r` (4 L-' 1-.•. ,h to t. Q N Ul t' `N rt p I rt p - I rt O 1 rt p 7, I Ixl XI l 0 rr 1 j I -' I r t i, I rt VIP :_I I rt 0, I-! I rt p, 1 I p rt Y O ft Y p rt <<.; O p rt ' O rn 'C: O 7 It O m I 1-� (l c:, O ;PV O O X, S-.r c) O :N, (D J rt Q m ri E; w J p rt Ib Al I-A Q I-' (� ::1 ::f 1•� ::f r ' 0) :) rn U.1 to � (D 0) IN J (D I-' m m m :3, m :� m O n 1-1 :.( ,� b MI'< rt tTJ K I-' lrl 1-1p, Of I-( :r' m m c}, (ifS ( -� t11 r t hip ':t lu O n. tr.1 101 -I 5' N ( 1:r rt :-I' I� b' C m J: _ )' (D + ::1' t I (` :3' ,-' to )' I m U U rt tJ fUo n �� 1 :1 ..1 n Ir :_I It 1 m +j I") K P- ` b �i,� tj In n z n '-' 41 2 t t` n rt :_I n n tj of 6 :v 0 :v In 1A + ;3 0 to tj c n r I I Jt L I t7" rn to to rt O tD to Ifs o '0 d•, 7p to 5-,. t0 f) to p) to 0) to 0) :3 to n-) O N N -I O tV K I [� n.) :1 I N '-1 N '1 N f m m : m In it., m Z! o N m (1) ( m (D , m ro It. IP IP IP { to 71,t> Ir. In ,I, ,p I OD tp W CK) ( -I J �i J x ON Y b I-.I `C Y t)) 5-' :); t-' "S I-, QA `i; J I-' G U1 t-' In G (n m U1 r m p, to U) ro t.n F' • ro Ln C: OD O In r: Or) I- U, G aD ro U+ G m (1, U, Ul torh to :j -1 :j to :j CDn to m K to p m tD ,`_$ 1-1 O to :1 1-' 01 tl, ;1 1-' I1-1to :1 1-' X to � `r-f w ' to rt N K I rt to I rt w :Y I rt I.- :j I _ rt I rt W �1 I rt u, "AI rt W `j I rt r3, F 1 -irr I-' I I' ro W I' I,J Imo• ro I,J W ro LJ m ,J I'• N C) 1-'- 1-' C:, I'• Y 0) C) V N rn O ( Imo• r :j .� p, UP "J 1-3 yP :jt H 1-' In V 1-J 1-1 to r Ln ;t ',s m s c_I m 1 1-1 m s I-' a) b 00 (Q K Y to K ' I-' In rj f-�1 F-' to K I.-' ;1 Y CQ IT) 0) It, to L , r• to L-, p, ,n to L-' r- N O LQ N rt o M 1 rt p 1 rt 0 ro ! rt O Ze, I Us I r-t 1j t,- I Ft 0). 1 rt p) I rt N I rt I-,- I I p rt Y O rt w Y O rt o p rt p O m o O m I-' n ' ::(I c) O 7C tt) o n cl 0 p rt o rt �: IP :j r'1' n On ::j rt I-, IJt 1-' N :1 :1 U) N :1 RI, ID In ::I rn rn rn .-I rn to n y N N rn ',1 m In m m 1-11 1-1 rt 1' t1; 1.•. 'I1 ::f rI e� Ill K N I[l +j n Ill r j till )j I h :3',fin, ii U,I f; 1_: 11) t 1 t). III I) O. c III p U) r- Ij1 III (-' rD :J' :)' ,.(D X :_t• rU d; i ;+• 1.'� ::f 1-.. O ` ,t• 1-,. -:J :3, A) U m Urn 1-J O tJ �. :n I I--', t� i :+ ;1 f :_I 1-•. 1 n )i n 1j O n tj,p tj d� f� n t-'1 `it (l c;r n r+ f) rt rt n rn �J' o o to Ij � (� .�. i� y to Ir to ' to to jt O 'Cj O to P. t(, p1 to p) to Ot p t.n N N N N J NIj N ::3 to :j I N :3 N m m m �1 QAl ( In m m m ch m� m (Am IN I(! 111 +� ry NJ ( IP Irn Its 11-' Ip OD OD OD `- 00 (n 'iJ i. Y x m hd I•-, :T', m 'IJ 1.3 '�[.' m :xI I.-, '.1; m ti I--I :7.', I-' t:1 I-' :T; I--' f) i :[; 1 ' m to C. tn`C Ul m m to G In p1 All (: In U, sf Or) p) U+ I:: („ :_,' w f:: co I-,- U+ a) Ln (" co 0) Ln Q UI to :1 m K to O rt to ;1 mil'J ID .} N (.I to :y I� 1 to ::f 1--' 01 to :1 1-' n In ::1 �' I ' ID 'f 1-' to rt 1 rt N 0 1 rt N m I rt I-J it I rr K) I rt n) 1'. 1 rr V+ I j I rr In :3, I rt 1-' , I rt In m I M FI. :j Io L,. rj IA) 1�• p I J P. I,i I� I.' N n. O r.•. N t-' O I-•. I-' 0) O I-,- Y 0 (D I1- N In O ;Ln y In J I--J In :j H Ij III `I I-1 m U, '3 rn 1 m m ;1 K m " :t c» 1 W tQ rt O n Y IQ O t-3 Y In rt O A, III (Q. O In 1'1 to rl iY 'TI In (O 111 to In If0 n4 O, IL T,tQL L In IO L74 I-q NO rt Y O rt 1-' O ft CI I:D 0 rt ID O rn 1-, 1-I o m :? I--' n A, .S O n f' c, O X, O j rt n Ul ;j rt O N � rr p m `i rt R, w ;3 ::S r.•. w :a ::I r_, a m �) II :a m ' ' Its s m 'r W m :7' m - ro ;3' (D rI In r'i 'p I_ '(s I 'Cj fD :' m (D tr) K 1 tlt) tj `<ll Ud Ij :1 Ul tj In Its s' 1 U) s; L-' ill p (,� b (r) O :1 tit p Ij to X 0 t-' �' ro t `r � ems' n ::)" M :Y 0) 1u � �n t ' t-1 Imo' i U O U :-I I-' d 1-' s I I j C' :a :3 p n � n I j ro n 1 t I--' A' (� K I j ( n I j In n I-' n I-' ::t n rt 01 tr n rt n rt Y O 1-' to I j m p) n r 1 ::t �[ r' ( r' o 'CS to to j to Ln L•.' to L,.trr to N d +.0 111 to 0) -I N N N O, N n) I j N 1� N •'1 rfS N '�l In m m m O o. m ,„ (D N I1> Ip IP Ir• It, r. l.., DD OD OD O) -1 fir_. + IfD 7_, toh1I ' :1.: (IN ;IJI..' G1:1wlT1 �' m O At UI r: m Q UI G Q, )i In C lil I-•. ul N C5 a. (11 f In Ii to :_I -I ;:S W) :.S o n) to ::S UI r) to � to IJ f to 1-1 I-'- I rI I-' 0 Id 111 1.,• LIJ 10 P. LQ (_0 I-'• iU w 1.1 O 1i,.(A) 1-1N 41: 1II :A Ill Ir1 :J to � Ul :7lid' li (J) �N Qrin I i 1-11-1 1.O 0 I ' to 0 <., 1-' to 0 01 1-' n (n 1_-I lJ) I rF i .1 -1 I rt U) La) O O c: I,.I n 0 K) O O in N P I� O �' ►� m :14 n 1r) ;1 n :J ] to :J m N O to )'- to m n 0 n :J r s o n m ;J 1), 1•�• Ii ill P. i' tr1 1- n, , ::1' 1-i O n P) r) 7�'Jt n to ft n n 0 i (D to tI) to to m to aL U K) q1.) N N in ( N N m m ON a' N o) (A co J K ON (.., I-' In Q) in ;1.: m Q I ' (n I-, n HI J O (n G Ul )i to G J 0 Ul Ul C t.a r: to I-i to C to ;J J m to h In K) r- to I 0) , rt N I i 1 0.., 1-. IJ• I r1 1-1 to I Itj K )a/ 1' (D t.) m 'i W I-I- 0 w m to rt w i N 0., UI t It) ''J u1 J In 0O.1 to =S It1 Ii to Art " to Q + )t m I try 0 () ) N 0, )-' to 0 `< 1 ' to I I r-t I--I m I Cl) 11 IT' rt IJ I LO N I n 10 0 0 t,) "10-1 n) N 0 0 l-' N m n <: N yy m -,I :J ; I-' 0 m 1 (n �f Imo. w of 1_,. �'. O ;t n ��: -. :t �� :t n Ia m l 1 Iri ,I III I I nI n ::I T, in n t: 6 rn 1y 0 IU r) rI t' n n It) I to m rl n1 7c to n, M N 1n �� o to O ON 1 ti N , W K)I-' N rn J r) f ,(n IJ m K 3 On lb �; K IC cn m � 0 l-' 1-' lnI ' ::r, mnlJ :1; m I--' :r, M .44- c> Ul G tit C to N- U) C to I_Y In ti In Ir, :;I to m I to :J W IJ to ::f (/) 0 to in C) t',: I ri. N rt I rt I-, I-I I rt 1 I I p :V N (I) t..) Imo• 1-1• (0 r I w N N w 'j It) in uI 's IV) N to IU (n tP in N :1: 1-' to 0 1-I to O too 0 � cn rt 1 ' CI i ri 1 ' I rt I— ;O I p 0 N 0 0 rJ N 0 0 N c) 0 cn nn n nb 10 :-' W ) 1:0 W )-• p, g r I 0 d :3' K I� J' 1 11 �' 11 0) P. :w in n rn n to n In r 1 fy 1 i •Ty .�- � yy u) ( to ) N a to to to .I 1.) N N N m m m o I n IN m m m r 023-181-23,4t-> 023-181-40 (01W023- 1y1f4 Huntington Beach Cc Surfcrest Partners LP Hunti t n Beach Co P. O. Box 285 520 Broadway No. 100 ✓ P. RR�.}�X 285 Houston TX 7700i Santa Monica CA' 90401 �HolasX 7700! of-a cNn.t Coe.,ec a.AI PAOPe.RN", TA IA Jeel"r-v,,e-T, 023-331-01 023-331-02 023-331-03 Pham Co D L Larry Enneman Howard D. Wynn 19185 Woodlands Lane 19191 Woodlands Lane 19195 Woodlands Lane Huntington. Bh CA 92648 Huntington Eh CA 92648 Huntington Bh CA 92648 023 -331-04 023-331-05 023-331-06 D. Gray Farley Jer Ming Yu Mei 93 . Yu Dror J. Benjamin .i 19205 Woodlands Lane 19215 Woodlands Lane 19225 Woodlands Lane Huntington Bh CA 92648 Huntington Bh CA 92646 Huntington Bh CA 92648 023-331-07 023-331-06 023-331-09 Harold P. Lc^g Curtis T Chir:cu Chen Donald L. Keste_ �19235 co-dlanrds Lane ✓ , ✓�9245 oodl; ands- :Jane / 19255 Wo. od an-Qs _a:ne f Hunting-Lon,n .'_r_, 92648 muntington =._ CA 92648 Huntington E?- CA 92648 G23-33i-iG 023-331-11 flvIa110-151-C6 Michael L Whitco<<:b Ala;-T' T--_Vv �,1dYbFF� Russel F. Herzog TA 4 r k it 5 roo r °" - rY 61 1 Oakb oo C 61 1 Oakb k Ci -23� =��u.�w ��_ . Huntington z-h CA 92648 Huntinaton CA 92648 __ l bxS1 Woo S?o cit City F�o anti ngton Beach �� Citylol-08 `'ngton Beach City �1 F nti n_aton Beach t1 2000L.. t . P. O. J1 �' P. Oi, i90 Huntin ton Bh CA 92648 Hunts g on Bh CA 92648 Hunt t n Bh CA 92648 110-151-10,!i dv 110-1511V �j'�i10-15 �i2 , Gary B. Turman Ga y B T rm�an City ntingten Beach 5112 Briarhill Dr. '� 511 � arhill Dr. P.O. 0 Yorba Linda CA 92686 Yo inda CA 92686 Hunts on CA 9264-8=----,.- 110-- 51- 3 �* 110- 1-1 fib• 110-Xgton City o tington Beach City o �ington Beach C' ;mo ,n Beach P.O. 90 P. O. o °0 . Hunti on h CA 92648 Huntingt n h CA 92648 Hun hhCA 92648 ,--I?4 YYIA%�sl - s Azv 110-151-16 110-151-17 110-152-07 Cit u tington Beach - Pacific Amer Oil Co Corp Leona Harlin 2000 St . 30110 Crown Valley PKY-*ao(O P.O. Box 5255 .� Hunts h Bh CA 92648 Laguna Niguel CA 92677 Chula Vista CA 91912 110-152-08 110-152-09 (�� 110 52 1 Richard W. Meyer HSI HSIANG Lee Cit untington Beach P.O. Box 880 9782 Olympic Dr. P. % 190 Monticello UT 84535 Huntington Bh CA 92646 Hu gt n Bh CA 92648 1`A 023-331-68 023-331-69 (,.too 3- 3 1-7h: Michael J. S ewich Daniel P. Hopf pe' ger Penni s" a 1 Partners 5245 D Dr. 6255 _ r. 520 dway No. 100 14 in ton Reac CA 92648 ington Bh CA 92648 San ica CA 90401 vk23 331-7 J 023-331-72 G4, 023-331-73 I . Pt.. tnshp Peninsula H Samuel Scott Pievac / John Chung u , 520 a o. 100 6125 Mornirgside Dr. 6142 Morningside Dr . Sa. Monica CA 90401 Huntington Bh CA 92648 Huntington Bh CA 92648 023-331-74 023-331-75 77, 0 2 3-3 3 1-7 6 Donald D. Jervis kEstates P_t cliff C;itr Estates At Seacliff Coun P. O. Box 39970 / 333 S . pe St . 31 " Journey No. 250 Downey CA 90239 Los eles CA 90071 Aliso Viejo CA 92656 3 i . "� Aso - � 1,-,6 �4e�o�� Asa• �3re�e? v23-33 I- /7 ^ L C994 rl 023,- -78 ,U�Y12.s6 102_ -33� Est es At cCl_r State �aC_l_i fr Cnt�_-y t' �O' �eaCh CC ✓ 333 S . c � St . 71 -,a 3331�s c St F 38 rx 2 8 5 LosAn ~ CA 9007i Los r eles " 90071 lc tcn_X 770 �.i \l"tO�►�h��G R-S O 6� f 0�ry G(9R cD�ZA 0 Cmn+ aRi4�G PL .rl7 f�c7PERlZ-ITFFs�.�efaw�n�e•uX' '6 aac.►�. � cs� _q�foG?� 023-3,71-0iSoh„r 57 Mp�YSI�j b023 ^71 - 0,� 023-371-C3 T y Albe m Richard Marrs 19261 Archfield Cir 1926 r 1d Cir 19265 Archfield Cir Huntington E., CA 92648 Huyi ton CA 92648 Huntington Bh CA 92648 6I 023- 7'1 4. �.� 023- -05 (q� 023-371-06 Micha Jones J N N �e Richard Van Bendegon 1926 ield �r L-A1 1� ° =field Cir 1_9273 Archfield -f_ l-� Hun n n CA 92648 H ing n CA 92648 Huntington Bh CA 92648 023 711 7 023-371-08 023-371-09D" Thoea JoVnCA c Aleer Edward P. Smith Kathleen K. Nakase 192 e-sr 17036 industry P1 . 19279 Archfield Cir Hu g n 92648 La Mirada CA 90638 Huntington Bh CA 92648`-'_,LL.. 023-371-10, 023-371-11 09- 4•4-023-371-12 Mohammad H. Bonakdar / Thomas Robert Fessler Jeffrey P. Warnock 19281 Archfield Cir 19285 Archfield Cir 19291 Archfield Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-371-13 023-371-14 OK" (,Fo023-371-15 B. Allan Mc Crum Kelly A. Gifford Azalea Eckel Egerer 19295 Archfield Cir 19301 Archfield Cir 4014 Terrylynn Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Long Beach CA 90807 023-371-16 023-371-17 6L 023-371-18 b� Thomas C. Moore / Robert J. Frost Robert M. Stewart 336 Blue Cavern Pt 19325 Archfield Cir 19331 Archfield Cir Long Beach CA 90803 Huntington Bh CA 92648 Huntington Bh CA 92648 023-371-19 _ 023-371-20 - Go- 023-371-21 LoigFrederick J. Bassett IR Patrick F. Kelly Robert L. Smith t-;"_ 7131 Little Harbor Dr. 1440 Union St . No. 306 19355 Maidstone Lane Huntington Bh CA 92648 San. Francisco CA 94109 Huntington Bh CA 92648 023-371-44 0V_ - 0.23-371-45 -�'� 023-371-46 Mickey M. Davis Thomas L. Kelley Judith A. Peake 19336 Peachtree Cir 19332 Peachtree Cir 19326 Peachtree Cir Huntington Bh CA 92648 Huntington Ph CA 92648 Huntington Bh CA 92648 023-371-47 023-371-48 �� — 023-371-49 4- 4- Billy E . Rabe _ Theodore P. Latin 1^1ain Ft- 19306 Champion Lane 19302 Champion Lane 19296 Champion Lane Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Beach CA 9264 023-371-50 023-371-510r- - 023-371-52 James K. White e- - Ph_ll;p J. ,h,te Darryl Taylor i9286 Champion Lane 5901Warnera-:= -Nc. 395 19270' Champion Lane -. - Hunti ngton `:1 926_' 8 HL'14ngton -each CA 92649 Huntington Bh CA 92648 023-371-53 023-371-54 -- 023-371-55 James Edward He_' __, ii It- _ David A. Bccse:—%2 Rumie Su 19272 Champion Lane 19281 Champion Lane 19285 Champion Lane Huntington Bh CA 92648 Huntington Sh CA 92648 Huntington Bh CA 92648 023-371-56 CSC- 023-371-57 -� 023-371-58 Alfred Grossman Jay C. Risher Edmund J. Sakowicz i(z- 19291 Champion Lane 19292 Sawgrass Lane 19305 Champion Lane Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-371-59 023-371-60 023-371-61 Eugene N. Smith Jo Ann Kelly Harvey M. Rose 19311 Champion Lane 19315 Champion Lane 19325 Peachtree Cir Hunt ington<-Bhl-CA 92-648 Huntington Bh CA 92648 - Huntington Bh CA 92648 �023-371-62 _ 023-371-75 -0k 023-371-76 �0 Selma L. Turn- blom Bonnie Jane Wyatt Karl J. Mazzeo %P- 19331 Peachtree 19352 Maidstone Lane 19346 Maidstone Lane Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-371-77 44' 023-371-78 023-371-79 - cr %+ER.6Wg. tA le-b6Ul Richard Foster Millard G. Shirley 19326 Archfield Cir S 19322 Archfield Cir 19316 Archfield Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-371-80 023-371-81 0-- 023-371-62 - I & a west as--TM James S . Williams Theodore William Neck 19312 Archfield Cir 19302 Archfield Cir 19296 Archfield Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-502- 01 023-502-02 F•6• 023-502-03 4. _ Ca-1 -i n G. j i GIs- •6?6- E S D4- .,; ,,� o . 7 --M� }aside—�„ -,-,S ^„~,, _Dr . f-lP 12T1 S+ a Dr � .Huntingt Bh EA Q2b48 i Bn 1S �!CA 9264 8 ems+►�.s...t rt 48 ( P ��u.� es-!A 1fAr,e�%A4e_cs rw & ,es- J O irm-502-04'0"PA'LA TE t 01Gr gogv1 023-503v-06 " �pY�Lo�tiw� S toe e+ 023 503-07 C'ha-rrFn C'�iiu Paul E. Parsons its J. L. Truesdale -*-P- • "5 SGI=a'. '�•6 19069 Bayhill Lane 19055 Bayhill Lane — tu11ntinr7t4n 'Ph CA 9294R Huntington Ph CA 92648 Huntington Ph C=: 92648 r�03-08 AT c- 6 ` `-{f)L 023-503-09 L.6 023-503-10 �e � — !, John M. Cutler CAP I" _. _o — Merritt L. Murray r. r1 19025 Bayhill Lane Huntington Ph CA 92648 n E_1417 8 Huntington Ph CA 92648 lo(�p �''�`'l�ac>;. 1.a4 env ry erll s,.�+4 ( �'t�-t.uses Iry N i.0 s�..�.4 i g.b+�t.T-ti1e•.ncs 4 Qet:.�1 G� e,2l�.8��,g. 0 2 3-5 0 3 -_1 _ n 2 3^-' k!4.- `cc`"' C•t xt o f 0 2 3-=0)4-0 2 Robert _ - -_sne1 40 jonathan C. Grossman t 10015 Bay.^--_' Lane 19012 Bav-"=--Dare a,% _..ne _ C" 92648 111 e 1ngLGn --�i iL� 6 4 023-504-03 �w� t!p,kS 0235C4-0'' _ 02372504=.uF.:. 6 .�. Jelan T. J-i.�:e~kz � Warrens : ew: t � i�'illiam J. .SicibbeT� 1� r�`-11- -=tee P. O. Box 10759 19052 Bayhill Lane 48 Palm Desert CA 92255 Huntington Ph .C-: 92648 02 04-06 — 023-504-07 6-6- c� 023-507-01�,(� Donal e an iMiChael J . LC.�l ardl den-. T) 1 Partners 19062 Ile b' 19072 Bayhill-- Lane 520 ay Nc . 100 Hun ngton B' A 92648 Huntington Bh CA 92648 Sar_� o Ica CA 90401 0 -507-02:, ,G` �° 6 F>(� 0 "-50 -0.3 L �' orc 023-507-PAf���`�� off' Penn ' Sul artners Pen su Partners Fer�n� Q3C Partners 52Q B y No. i00 5" Br Gy No. 100 520 No. 100 Sa a_, . o - CA 90401 Santa i:c- -- CA 90401 San a - nA 90401 023 07-05 ��f of 023-50 06 �� t'�oK 0�_ 507- � Pennin. la ar r_ers PennincL P . ens Penn _ Partners 520 Br .To. 100 520 Pro y 100 52G y No. 100 Sa a M ✓ 90401 Santa i CA 401 Sa onicu A 90401 023-507-08 vr- 023-507-09 — eK -- 023-507-10 Mark J. Meyers — Donald R. Rice Joel B. Pooley ip. 6342 Doral Dr . 6352 Doral Dr. 6362 Doral Dr . Huntington Ph CA 92648 Huntington Ph CA 92648 Huntington. Ph CA 92648" 159-011-34 aZ- G 159-011-54 �-�' oK 159-011-55 Donald W. -Claypool Michael Loperfido 18112 Clearwater Cir 18101 Clearwater Cir 18111 Clearwater Cir Huntington Ph CA 92648 Huntington Ph CA 92648 Huntington Ph CA 92648 -H'< <1, +(••-� P 023 -501-01 ti6 023-501-02 �•b _ 023-501-03 �'6 — d Ma 4261 Nnrni . r. 6 Dr . P.+�s F 1 L+V g s.t-E..rt ! P t►�lZS $u�i ut cad a- W r4�n►o.e �►ns t.0 5 c..S ak C �'q,c.�e.e s a..1 5�E t� o -!� reBM U°'►t r ram. ��c7 B S q �� , - �tehL�l 5 +4 rn al l�c Crt �tD�•!o l 5��' s- AL L `Lc& `t' z)l 023- 01-04 023-501-05 �.L� 023- _ 1-06i ♦1 - C Rf1�"+ e- c-nn (7 S1L`TT-!'`S-•P1'�C7 ._ram- G•v �� <caA 'T��r� � 6• H --�- �- Pennies tners c2c, nn^,� --z-_Dr . - F tn, rnr„-„= ='- '-". 520 B, 100 8 8 Santa ,,. ` 90401 {�Gti►q.I��VSc.�.�A I f�RZ'dg�.s E'G�+�+� 5w1rk t .�aa�Ker-s She 0�3 301- ' Q250 -08 023-501-09 Pen " ' su artners oyo�uku Frank F. Pellkofer 520 B No. 100 6��3 ��=n=n�==de-D� 6341 Mornirgside Dr. San io ca 90401 Hun �48 Huntington Bh CA 92648 / Cr�t►1► vu wl w 1 .QrbP-��+erts TKO 2Qp�.y>4� vTc Lao 023-501-10 0� G 2-5 CI-11EE��rULL� • 023-503-01 q� George L. Rogers Charles A. Green 1 Steven R . Odell 63 _ Mo_ningside r . 6361 Monincside Dr. 19022 Avondale Lane 5 te r Huntincton Ph CA 92648 Huntington =h CA 92648 Huntington Ph CA 92648 023 -503-02 -- 023-503-03 !9•Co . 023-503-04 O;L George C. J. Chung _ -- Dianne Rose Mendez 19032 Avondale Lane 52 a 19052 Avondale Lane !iuntingtOnPh 92648C G 01 nuntingLon Ph Cr 92648 023-503-05 Kuo-Ping Wu -s1; �v14 b 19062 Avondale Lane Huntington Ph CA 92648 023-391-09 D4 023-391-10 023-391-11 — - Samuel! Scott Pievac Othon Garcia David M. Burch 6152 Morningside Dr. 19235 Coldstream Lane 19241 Coldstream Lane Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023 -391-12 �� 023-391-13 __� 023-391-14 John E . Ferguson John R. Duits Sanford F. Allcorn 19245 Coldstream Lane 19251 Coldstream Lane 19275 Torreypines Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-391-15 �� -- 023-391-16 023-391-17 �'•� '- William Daquila Barbara A. Mc Graw ��' Joseph L. Maga VT_ 19281 Torreypines Cir 19285 Torreypines44-r 19291 Torreypines Cir Huntington Ph CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 �K— 91. - 4 a� Louis P. Astori „o M & K 14cidJ -Cs T--C DO nt a T'.;C.kEr 19286 Torre-p_-,es Cir 19282 T_ rr i 6\ Y1 P 6 9 ri 1 9276 Torreypines Li rp nun -Lngt:l. i 1 t C 9L6-8 n nzingzcn Eh CA 92648 n1,:ntingzcn EhCra 92648 023-391-26 6� — 023-391-27 023-391-28 ^ -5-- zee Jerry R.. Wood—: Terry W. Paulos 19256 Coldstream Lane 19252 Coldstream Lane 19246 Coldstream Lane Huntington Bh QA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-391-29 D - 023-391-30 OK 023-391-31C)e- Lloyd L. Flaker Gayle P. Shiell — Larry D. Durham 19242 Coldstream Lane i9236 Coldstream Lane 19232 Coldstream LDS Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-391-32 �I�lr ' 023- 1--3.3��� 6� 023-391-34 Club Seri eaciiff Ho Club of Seaciiff H Clu ers ' f Seacliff 3009 Dai 3009 D r £� 608 S' Spur Rd. o� Q6'S0 Santa Art 927- Sant 2705 Roll ' is CA 90274 o r+ GD A-_ss0U 1 ftp a 61". tic v -023-391-36 `- & 023-391-,Z ���_ 023.-391-38 Seacliff On The Greens Com Club � s of Seacliff H Club S iy Seacliff 10,Y96 Corporate Park No. 300 608 C. CPU-- Rd. No . 20608 Si --pur Rd. n4ri- 230 I7��vine CA 92714 R-11 is Es CA 90274 Rollin _1 CA 90274 IVI�RCLktl ?4"O a tS ft r U-T tyre xu ce- A 5v LA Cc9�ww�--.�►.� �'� �-s R.+ '1 �S 023-381-62 —.-CL 023-381-63 023-381-64 -` Dennis, G. Peters Donald D. Emmack George W. Buys 19301 Wingedfoot Cir 19295 Winged Foot Cl 19291 Wingedfoot Cir Huntington Bh CA 92648 Huntington Beach CA 92648 Huntington Bh CA 92648 +MUNk enV&L'V K 7-;?,s s� 023-381-65 023-381-66 _VW_ 023-381-67 Lucretia A. Reed Christopher KGL:-f-an Betsy K. Alton 19285 Wingedfoot Cir 19281 Wingedfoo . Cir 19271 Seabrook g_j,r L6k Huntington Bh CA 92648 Huntington Sh CA 92648 Huntington Bh CA 92648 023-381-68 023-381-69 023-381-70 — •�. Edward F. Davison_ Boyd D. Wheeler Etig n R A `L& , 1 19265 Seabrook C-T- 19261 Seabrook C-i-Y C.�� 19255 Seabrook Cir Huntington Bh CA 92648 Huntington =h CA 92648 Huntington Beach CA 9264 02� -:81-71 �b� 023-38=-72, -� �. n23_3.0, _�73 fv4v Martha M. Hamilton Club Series cf Seacliff ? Club Series of Seacliff c - Seabrook f A� 6 Silver r - 02.3 C� �n o 0 ,, ,- S.LAGS- eGL1 �Jo:{� `cam:. ��Y. 6�0 11`ve ... ...-.. . V Lia�. Ile 1.. . I.unLi ngLon En CA 92648 Rolling Hills C _0274 Santa Aria CA 92705 t�G%)u oti..e ft YVsS Ky �*o "Le A. &1 023-3 1-74 ?' 023-3-1-75 1-''_ 023 381-'�� ' FL Club S Yi }:CZ .Seacliff H:::- Club S r_6 :eaclif= H Club s of Seacliff 608 Si1v Spur Rd. 608 Sil Shur Rd. 608 er Spur Rd. Ob ;L.So Rollingi_ CA 90274 Rollin. 1 . A �0274 Ron g r.� i� s�CA 90274 je 023-38 -77�1 023-381-7 �j •� — �0��381 Club Se `� of Seacliff H;: Club Seri , .,eacliff H Club of Seacliff6'6 608 Sil. pur Rd. --No. 2_- 608 Silvgr ,, _ ur Rd. No. 2 608 - r Spur Rd. No.;02) Rling Bs CA 90274 Riing H15} s CA 9G274 � R11� -ls t CA 90274 -}�,►1,�® ►aGR 55�+ t1�✓�-gym AA i4gs 0.4 7 ail�d� '4ov��,e s �a �K TZ c t-4-,4 K A40 c v t er s A 9� �� �► cpri�,`! �23-381 ��! Prr�sw� 4��023-38_� -�83 X - Club Seri Seacliff Club Seri 's" of eacliff H Club Se A1191'� Seaclif} 606 Sily ur Rd. �.� 606 Si r Rd. s�Ve 608 -,our Rd. uo- �3r� Rollin --Is 90274 Rolli_ - Y CA 90274 Rol it - CA .90274 � veAZ sAJ �#B .s Ssll. 5eI.O 3a 023-3 _3-84 6.-- 023-391-01 �'� _ 023-391 2 Club i of Seacliff H -- Henry J. Nametz William R s 608 Si -� c ur Rd. 2305 ?-.o„_y Oak Dr. 19 Cir Rollin lls A 90274 Danville CA 94506 Hun , to h CA 92648 t-FOw"__ &LC A- 5"Tz' 0 023-391-03 _DK 023-391-04`DK— 023-391-05 (Qb David ED. Gilrain — Philip R. Collins 19215 Seabrook 756 Montclair Dr. 19219 Seabrook Cir Huntington Bh CA 92648 Santa Paula CA 93060 Huntington Bh CA 92648 N a L N'F E R s-"Iti.o.�..r�s 023-393-06 �K' 0 3 07 — 023-391-08 (r 4 Richard W. -Dickinson Will offroth Mary E. Finn 19221 Seabrook Cir- L-tq 1 3Mn \ k Cir 19225 Seabrook-�-(-khA Huntington Bh CA 92648 H ingCA 92648 Huntington Bh CA 92648 a 1� 023-381-22 — 023-381-23 023-381-24 Joseph° J. Mc Glinchey Rob Marvin Walker George S . Rea 19266 Seabrook Fig L-.+4 19272 Seabrook e-i=L-�k 19276 Seabrook Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-381-25 _D 023-381-26D�- — 023-381-27 v�C Joseph A. Bernaert Bryan D. Dixson Gloria Denise Franklin 19282 Wingedfoot Cir 19266 Wingedfoot Cir 19292 Wingedfoot Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Eh CA 92648 023-381-28 90' 023-381-2904 023-381-30 cW 4. _ Guy C. Thiel Allen Craig Ey Tercero Trust 19296 Wingedfoot' Cir 19302 Wingedfoot Cir . 19306 Wingedfoot Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Ph CA 92648 C f,1d-S . . anc� 023-381-41 — 023._30— -4- 2 = 023-381- -3 dC Dwight D. Hastings George W. Keever Marjorie`O. Dewev ^� _ Firestcr.:e.- Cir - 193 v5 Firestone L one P . O. Box 23�2 -93 1 l ✓ �Y. ! Newport Beach CA 92659 -....-tincton 2h CA 92648 Huntington Eh CA 92648 023-381-44 —�� 023-381-45 — ©K 023-381-46 Margaret 'Anna Botsco Sally J. Knuct on Adai.s Dennis J. Sobczak 19301 Firestone Cir 19285, Meadowood Cir 19281 Meadowood Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 K 023-381-47 023-381-480 — 023-381-49 --°k Douglas G. Clark William W. Coplin Michael W. Griggs 19275 Meadowood Cir 19271 Meadowood Cir 19265 Meadowood Cir Huntington Bh CA 92648 Huntington Bh-CA 92648 Huntington Bh CA 92648 023-381-50 023-381-51 ` 02-1-381-52 John D. Bernard Gary F. Shurter . Margarita W. Bahr 19261 Meadowood Cir 19256 Meadowood Cir 19262 Meadowood C-i- Huntington Bh CA 92648 Huntington !Bh CA 92648 Huntington Bh CA 92648 023-381-53 "'-O 023-381-54 '-'0K 023-381-55 e'k Beryl F. Olic Douglas C. Haines Louis T. Gaeta 19266 Meadowood Cir 19272 Meadowood Cir 19276 Meadowood Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-381-56 023-381-57 023-381-58 — oC Thomas Carey Carl S . Morabito Frank R. Bush 19282 Meadowood Cir 19296 Firestone Cir 19302 Firestone Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-381-59 " 023-381-60 oK 023-381-61 `0 Janet E. Wald John J. Woodlock 19306 Firestone Cir 19312 Firestone Cj-v 19316 Firestone Cir Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 f� J 023-371-83 '91' 023-371-84 vt — 023-371-85j. --O- 6.6 — EmilJLo J. Tercero John B. Desmond Club Series of Seacliff 19292 Archfield Cir P.O. Box 32907 608 Silver Spur Rd . No."Z) ' Huntington Bh CA 92648 Phoenix AZ 85064 LRllng Hls Est CA 90274 �rvc..� ..duce+¢-S rkss rt 9b A61�i+ �G rt Itn.o c,�l r.s e,,o.q,r..%N& O.U023- 1-86 �b023-371-8'7 /1 i� — [, 023-371-66 — Club S rie �d Seacliff Ho Club eri ' I Seacliff H Club Ser � Seacliff 608 S ' ur Rd . No. 23 608 S ' Y Sour Rd. 608 c -our Rd. No 930 Rlln-� ls '�s - CA 90274 Rlln s .st CA 90274 Rllyd " E CA 90274 �u�4re� 1R-ssA. ttorrL �D NrTk f-r-phlvsXb Klu o"Aes � �1�N k Ord ss AW.U.P(e s s Cff;e- �evelr� ,..KIT �P.,Acna+uBe,� Q . (,do3-379 bIa023-371-90 023 - 1-9 Club Se Seacliff Ho Club Ser ' � f Seacliff H4loClub S of Seacliff -_ 608 Si nur Rd. No. 23 �lln 08 Si your Rd. - 608 r Spur Rd . No. �RllrgEst A 90274 Est 90274 R11 -is ,st CA Rowt.evs Assn+ iE�✓r�e cKS +}ssti► r► - A 3a �., 23-381-01 02_ 81- L_ Kenneth E. Rawald D «aurae - State St Dank & 'r _92 cS Toea� G'vJood C_r 1e?'4 � vdO�cFi L_'_" _9275 S 1K y �r ar=-, Ct . Hu n ti-ctc^. Bh CA 92648 :^un lncto CA 92648 man Di=cc CA 921z- TbEtay ,Zo1;,e-Ri CokLU4s in2. kbcF-n.►�".•u C.pin,, $ec.cb..,Cr� ��r{� 023-381-04 - 023-381-05 •—_ 023-381-06 ' James F. Reed Frank E. Ja�mies J. Pierce Tiz. — 19239 Meadowood Cir 19237 Meadowood Cir 19245 Seabrook e-j=L a Hun- ingtor 3h CA 92648 Huntington Bh CA 92648 Huntington Ph CA 92648 023-361-07 � 023-381-06 023-381-09 �•� Johning -rank C. Lopez 19243 Seabrook Cir 1 k Cis Lk� 19239 Seabrook Err (ale Huntington Bh CA 92648 H . ini6o h CA 92648 Huntington Bh CA 92648 023-361-10 023-381-11 mK 023-381-12 9 1! a L-IL.=�?pn Robert L. Downs Amara Bangprapa 19237 Seabrook Cir 19235 Seabrook Cir 19233 Seabrook �- Huntington Beach CA 92648 Hunt.ington:-BIZ -CA 92648 Huntington Bh CA 92648 023-381-13 023-381-14 eP 023-381-15 — Brian Michael Shannon oLC Lam• -� Albert C. Guidotti 19316 Firestone Cir 19229 Seabrook Cir 19226 Seabrook C-m L-N Huntington Bh CA 92648 Huntington Bh -CA 92648 Huntington Bh CA 92648 023-361-16 023-381-17 023-381-18 .Mostafa E1 Agizy V�L- Druid Lane Limited Partne Edward H. Miettinen Z� 19228 Seabrook e--i-r-- UK [-L! 6785 Merion 19232 Seabrook etrL&1 Huntington Bh CA 92648 a Quinta CA 92253 Huntington Bh CA 92648 023-381-19 023-381-20 023-381-21 Norman W. Kallan G. Byron Jones William- Lumm 19234 Seabrook -Cir-- 19256 Seabrook -G4-T --L.�t 19262 Seabrook C--r•Lh Huntington Bh CA 92648 Huntington Bh CA 92648 Huntington Bh CA 92648 023-331-19 023-331-20 023-331-21 G' Nevin M. Oca / David S . Mier EZRA Schley .6162 Gleneagles Cir 6172 Gleneagles Cir 6182 Gleneagles Cir Huntington Ph CA 92648 Huntington Ph CA 92648 Huntington Ph- CA 92648 023-331-22 023-331-23 023-331-24 Shagufta Shuaib Musvee Mi H. Park Chetta Eddy Jira P. O. Box 92184 00, 6i91 Gleneagles Cir ✓ 6181 Gleneagles Cir Long Beach CA 90609 Huntington Ph CA 92648 Huntington Ph CA 92648 023-331-25 023-331-26 023-331-39 Patricia A. Toher / Melvin G. Hoshiko Seacliff On The Greens C,- 6171 Gleneagles Cir 6161 Gleneagles Cir ✓ 96 Corporate Park No. 30 Huntington Ph CA 92648 Huntington Ph CA 92648 Irvine CA 92714 023-33' -4^: 6.L023-/Te 023-331-40 state Series o= Seacliff Est aC. Seac1if_ Linton Grecc vorwerck 3009 Daimler St . 300 r Sz . 6101 Morningside Dr,Santa Ana CL 92705 San�ttA 92705 Huntington Ph CA 92648 (P.b023-3 ,.', +. 023-331-51 023-331-52 Greg ^�nlein Hector A. Madariaca Hung Kwang Lee 61� a�- A "Q�We Dr. 6121 Morrincsiae Dr. 6131 Morningside Dr. H ntingjtcri CA 92648 Huntington Ph CA 92648 Huntington Ph CA 92648 w 64 VV Co».g w-4-t ke:r- L 41c}► O�FK F�ol� C, &L023 3 -5? 023-331-54 &J-0 � -33, � 5) JerY silo Yu HR'A Huang Cl r �`'_ Dreier 61 n gside Dr. 6151 Mornincside Dr. 61 �M " ningside Dr. Hu 'n o Ph CA 92648 Huntington Bn CA 92648 HuTkina Ph CA 92648 b,023-331-56 023-33 57, 76)11 023-331-58 h I . Ptnrs Ptnshp Peninsula ;6;201 M' 520 Broadway No. 100 ni Dr. 92648 Santa Monica CA 9040 t ngton Beach 9264 �.�«,s p.,(.A T i°r'lu r¢,S PLti s t+f. Pt�........�._ -( • S 8 mad .tome ram.vo s o .y4.��itio 0 5ara.T+t YY4 '�Ca Ga 040 ca..�� ,!cam .1 b `/e/ 023-331-59 023-331-60 n,� 023-331-61 e R. __ Sg Timothy P. 6221 de Dr. 6231 ingside Dr. _8 Huntington Bh C_A 8 ington Eh CA 92648 5Ao 8ao`AdwAVV4j00 S� T*&%j) r K 4- c a Q�yi l 023-3�1-62 023-331-63 023-331-64 SZYMAII7SKI So..A- mas F. Lydon hn P. Bishop 6241 ingside Dr. 6251 cside Dr. 2670 - e '� H ington 92648 Huntington Bh 8 Anaheim CAA 9280 . 023-331'-65 �I 023-331-66 02 -331-67 nald W. iiaw Rene J. Moya Tadao Moto 624 �CA r . 6256 Morningside Dr. `, 6235 Dora Hu ngton 8 Huntington Ph CA 92648 H tingto��Bh2648 023-381-81 023-371-80 023-381-07 C,ub Series of Seacliff Warts,Sandra P. Bliss,Richard S. Homeowner Assn 19312 Archfield Cir 19243 Seabrook Cir 608 Silver Spur Rd. Suite 250 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Rolling Hills Estate CA 90274 023-381-10 023-331-48 023-371-77 Lawrence,Jack A Sr Estate Series of Seacliff Homeowners Assn Thermos,Michael J. 19237 Seabrook Cir %Margings Mngt.Group Inc. 19326 Archfield Lane Huntington Beach,CA 92648 3009 Daimler St. Huntington Beach,CA 92648 Santa Ana,CA 92705 159-351-37 John M.Cutler 023-331-59 Edward's-Central Park 19045 Bayhill Lane Peninsula 1 Ptnrs Ptnshp Homeowner Assn. Huntington Beach,CA 92648 520 Broadway 505 Park Ave. Suite#100 Balboa Island,CA 92662 Santa Monica,CA 90411 110-232-01 Huntington Beach Company Chevron Corporation Property Tax Dept. P.O Box 285 Houston TX 77001 Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 023-381-10 n Lawrence, Jack A Sir. s U INGTpy 19237 Seabrook Cir O`c `NCUgPOppJFC �� Huntington Beach, CA 92648 e, -. FcpUNTY - LEGAL NOTICE - PUBLIC HEARING Connie Brockway City Clerk - City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 7 i f NTINGTpyA 023-371-77 A. `NGOgrop,fFO y� Thermos, Micha�� J f F 19326 Archfield Lane C.2 Huntington Beach, CA 92648 / OQ ppU NTY LEGAL NOTICE- PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 023-331-59 Peninsula 1 Ptnrs Ptnshp 520 Broadway Suite # 100 Santa Monica, CA 90411 o��pNtINGTpy�F _ --- -: - --- � a c�ONTY LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 i Huntington Beach,CA 92648 i 023-331-48 - - - Estate Series of Seacliff Homeowners Assn �NTINGTQ % Margins. MNGT Group Inc. `gyp CopPS? w y o Q 1 90 � �Cl• e h.1999 HEARING LEGAL NOTICE PUBLIC Connie Brockway,City Clerk - City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 --�� K tj Jofig M. Tutler 19045 BayHill, Lane INGTQ Huntington Beach, CA 92648 V F�OUNTY ca LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 023-381-81 Club Series of Seacliff Homeowner ASSN �HTINGTQ 608 Silver Spur Rd. �p��`rCORPOA,rF H�Fq Suite 250 � i RQj111toH1s Est`CA 90274 _R►CIS . Q AAA _ Q - cQUNTY cp` LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 l 159-351-37 Edwards-Cenral Park Homeowners A 505 Park Ave. INGTpy Balboa Island, CA 92662 `*011PON4 dF9� �V `EQ/Z 1909•'� O F�pUNTY cP`�� LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 110-732-01 - - -- Huntington Beach Company Chevron Corporation Property Tax Department INGTpy P.O. Box 285 �O� „cop►oA,,Fo d�. -Houston TX 77001 ` 9 ca 9A/ Q `v `FB�Z 1909•F� �(Q FppUNTY cP`\ i PnAi hinTirl: _ PI IRI Ir PPARINI; Connie Brockway,City Clerk _ City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 023-381-07 Bliss, Richard S. pNTINGjp 19243 Seabrook Cir Hintington Beach, CA 92648 C.3 9'yF `Fi ; 9-�0 pQ �40NrY cA LEGAL NOTICE- PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 023-371-80 Werts, Sandrb#.P 19312 Archifield Cir pc11INGjp Huntington Beach, CA 92648 9yC ISO. pQ FcpUN.TY LEGAL NOTICE - PUBLIC HEARING Conme Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 >� Huntington Beach,CA 92648 J G(ON g70: p,x �a a r^•a^ � � �• t C � ��pHTINGTp�,� A,Q =M�OR►Ogq��o 9y AST0266 926482012 1195 04/O1/96 ASTORINO'LOUIS QZ MOVED LEFT NO ADDRE55 UNABLE TO FORWARD RETURN TO SENDER LEGAL NOTICE - PUBLIC HEARING Ill���ll��gq�llq�ll��ilq�gll�qqllqq�ll�qqq�qllllqqqllq��ll�qq gash y r�� Connie Brockway,City Clerk City of Huntington BeachUy ,:�t - 'n Office of the City Clerk ,, fi, `` 11 C = ;�us.Pas r=,zE P.O.Box 190 G" tw.'•z 9x _ P?"f Huntington Beach,CA 92648 �_ £R4ft t - • "� i - 37 ME f E R / CAL{F c' y: SE ,�pNT I NGrpy Je11= a O tltARPOB� BF - •�.f� - 6475 Jaral Dr_ r — y �i:ntia��oueac . G: ^9c64a FcpGNTY ca`\ LEGAL NOTICE - PUBLIC HEARING " -" . 1f If 111lf 11 t,IflUfl�fftlf l.l�11lIIPIf It9ff It111111111111911f 11i - .. - "" Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk (QA LIa � POs1P.O.Box 190 i c.ci >a !q Huntington Beach,CA 92648 'Yv NTINGT �/ RP0R�rE0�d�9 Dean -e 7 Y 7942 t=nt' gtoa Beach, CA 92647 FcpGNTY Cad\ - LEGAL NOTICE - PUBLIC HEARING " - i�l'Iffll�f 111f 911f� 1 11 11 tl , 1 flli - 1 HARRIETT M. WIEDER REGIONAL PARK Deed Restriction and Neighborhood Park Facility Issues NOTICE OF PUBLIC INFORMATION MEETING AND HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH P 6111-c In-formation M-etin2 NOTICE IS HEREBY GIVEN that on Thursday, April 4, 1996, at 5:00 PM in Room B-7, City of Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, a public information meeting will be held to update interested parties on the deed restriction and neighborhood park issues that will be presented to the Huntington Beach City Council at the April 15, 1996; City Council meeting. Interested parties are encouraged to attend. If there are any further questions regarding the public information meeting, please call Julie Osugi, Associate Planner, at (714) 536-5271. Please, direct any written communications on the Harriett M. Wieder Regional Park deed restriction or - neighborhood park issues to the City Clerk at the address below. Public Hearina NOTICE IS HEREBY GIVEN that on Monday,April 15, 1996, at 7:00 PM in the City Council Chambers; 2000 Main Street.Huntington Beach, the City Council will be taking action on the following planning and-zoning item which was continued from the March 18, 1996 City Council meeting: [] 1.. Consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harnett M. Wieder Regional Park (formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation. 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Restrictions requiring completion of a comprehensive survey of archeological sites on the Huntington mesa; Public Hearing. (Continued) 5. Restriction specifying the installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M. Wieder Regional Park, the Huntington Beach City Council is also being requested to give staff direction on the incorporation of minor active park facilities (such as totlots and open play areas). 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 is available to interested parties at the City Clerk's Office. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the..application as outlined above. If there are any further questions please call Julie Osugi, Associate Planner, at (714) 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 l (g;losugi\park1g12.doc) V HARRIETT M. WIEDER REGIONAL PARK Deed Restriction and Neighborhood Park Facility Issues NOTICE OF PUBLIC INFORMATION MEETING AND HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH :� -- ?'i'litic-T�rifocmaon-":1e—ei-ng - NOTICE IS HEREBY GIVE\ that on Thursday, April 4, 1996, at 5:00 PM in Room B-1, City of Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, a public information meeting will be held to update interested parties on the deed restriction and neighborhood park issues that will be presented to the Huntington Beach City Council at the April 15, 1996, City Council meeting. Interested parties are encouraged to attend. If there are any further questions regarding the public information meeting, please call Julie Osugi, Associate Planner, at (714) 536-5271. Please, direct any written communications on the Harriett M. Wieder Regional Park deed restriction or neighborhood park issues to the City Clerk at the address below. Public Hearing NOTICE IS HEREBY GIVEN that on Monday, April 15, 1996, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will be taking action on the following planning and zoning item which was continued from the March 18, 1996 City Council meeting: ❑ 1.. Consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harriett M. Wieder Regional Park (formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation. 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Restrictions requiring completion of a comprehensive survey of archeological sites --on the Huntington mesa; Public Hearing (Continued) 5. Restriction specifying the installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M. Wieder Regional Park, the Huntington Beach City Council is also being requested to give staff direction on the incorporation of minor active park facilities (such as totlots and open play areas). 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 is available to interested parties at the City Clerk's Office. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Julie Osugi, Associate Planner, at (714) 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g;\osugi?ark1g12.doc) Brockway,City Clerk )f Huntington Beach `jGYUry ;e of the-City Clerk L 3 k;Sf; 0ti P.O. Box 190 Iton Beach, CA 92648 MAR26'96 cnti sz?si L L R *"'; �'M F. T A A C V ING yr Larry arose `MGORFD KOLL RFAI ESTATE GROUP 2213 Hunti KOLL213 926483011 IC94 04/01/96 FORWARDING TIME EXPIRED :KOLL REAL ESTATE 7711 CENTER AVE WaIS HUNTINGTON BEACH CA 92647-3069. 'NT1 RETURN TO SENDER LEGAL NOTICE - PUBLIC HEARING I I I I I I I I I I I I oil I I is I I IIIII I I I r e Brockway,City Clerk of Huntington Beach .,. _- ,�:;y �•. `ice of the City Clerk ��� ;�{-G` :�' �� G:: u.s.rus%•�� ,:;: � ` P.O.BOX 190 n"R28'96 :-.: -, ,W,:,' igton Beach,CA 92648 x • , b L Pit t.' " `. _ .• � µETU ' �� TU NEU SFNpEA NUI CAIME MUST HAVE 0X NVICINGr UEI �U �.• ". ORPOR4RF E RV19 -- —:1-._ F -351-20 yl, TY��;��Vew Homeowner¢s�x, 1 0 'l rwCoast HWY oe Se F sunset Be R �puNty ca LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach Office of the City Clerk _<r s• �' �Fp` G� u.s-ass ,. P.O.Box 190 ..�. -� ., _ IL;R2S•� � i� , f .s Huntington Beach,CA92648fA - "`i V D VV A INGtpy O�=MLORPOR F �F 023-331-39 Seacliff On The Greens C C.3 _ y 96 Corporate Park No. 30 Irvine CA 92714 Ills CpUNTY TO„LGIA`L`NrbtCE` ULlC HEARING � - r �...,_.. ._,.. ..._ .. IIri i I d1 I 11 1 1+ 111 l i 11 1 Il i lill i. iil lii + fill!L.iii.liii ii it i iit ii lli Connie Brockway,City Clerk City of Huntington Beach -- Office of the City � tyClerk P.O. Box 190lei, Huntington Beach,CA 92648 �°• a a ; r := _ _ _ ;Vs}_ �. 3 L !4 = '— �s'itl ! is :t y V LING v\ f'n a � �'�/l�S 0&Y/ �N Tp 1�.lN V t 23 �0�� ptDNPOBFrF�� - F s Seacliff O The Greens Cor ti - - -=." -= - 0 o ;; Q — 9E' Ce�por� .e PGrk No. 3 `0 =-gam m CA 92 714 SINIEri'��� LEGAL NOTICE - PUBLIC HEARK8.r ; " 11919-A 119iiK 1191991111119 .81111119911,911111191111191,11 Connie Brockway,City Clerk or - City of Huntington Beach 3t Office of the City Clerk f; �? P.O.Box 190 A : <,. MA S Huntington Beach,CA 92648Ly �`"� �s ,., F iu _ _ rrY` . ` 1 < f < i pETUR4,E Y� _ 7O o + / SENDER ORDER EXPIRED ING `tUNPON,F 023- F 381-72,7u = y Club Series of Seacliff H 608 Silver_ � �- g Rolling Hills CA 90274 C fe i;fsoe.► �0 - - - _ - .- - FOOUNTY �P`\ LEGAL NOTICE - PUBLIC HEARING 1111 1{!{toil1111111{{111{1{If1t!{{/11{�,IFFI{11{It{�Ilt{t131F{17{� Connie Brockway,City Clerk M � z City of Huntington Beach ��� aF, `''` '=us-FOSTAzi ;o Office of the City Clerk �'� ��� � �.e� g 8 da b�t i i'� Z M1�_C gFJ '� , P.O.Box 190 ui 'v 1.:��� r{ ` ; �} 3 AV It Huntington Beach,CA 9 i _s: tp a;:� - _ ":! : tik.1 3x S' �• •� iT 11.v_ •S"? , Fri F •�-.. * .� 1F_ . Moved, to no addre4! ca 1 F' =x" a, YJ ❑ No jcb number J1 nn± `nnvAtt�B Mo \ Addressee unknow1. ,_ aJ pNTINGTO ll0-1CHa 7 +N�ONPOB4lf ry 9 Leona1 i _ F P.O. 5 5Chulaa CA 91912 Q ISO ; CpUN TY;�P` . LEGAL NQTIGE-- PUB+LIC HEARING l,,ll{lily{{Sl�1F1i111�,�,�{,it . Connie Brockway,City Clerk City of Huntington Beach �. r Office of the City Clerk �;c� 4;.�I 9 _ P.O.Box 190 Huntington Beach,CA 92648 �'"�" ` 4' 'r° _ _ r• n�a�a , r 1� I - ;� V :'1 21 - -- C f " FM=_ TFc j a CAL �4TINGTp 110-i53- 3 p�� ��09POB17 ��F Elmer E. Brown -' S3 '� .::"` 524 9th ve � y Salt La. e Cty T g ;i' 9Di yU�X 1 RE � Q P,e irt.i [s } LEGAL NOTICE - PUBLIC HEARINGIl,3rslls�l�lFf:E,1�i�1��!l��;![ Connie Brockway,City Clerk City of Huntington Beach �•��-��•�� - _�- Office of the City Clerk !D=_.c r V 3 Sir.9ei�J39 C I' -�. P.O.Box190 r �.�sn as� r+• n x,r�, a s .� e{ _ } ,.. , _ { �: � i Huntington Beach,CA 926 d �/ 11 MORD _.._INGTp -- ER prpift - - - ---- -- — ----- - - '�y �.._ 023-371-85.-�L i �' - Club Series of Seacliff Q 6.08 Silver Spur Rd. No.P3 Rling Hls Est CA 90274 9y �o �OQ NTY a` - RIN LEGAL NOTICE PUBLIC HEA G { { { - - lililt!{tlllti lli111l1lllit9lillliltllllit{ill{ilt1i11l19l11li i 1 �j4rT„✓ "fc-�' L + a Speakers at 2/1/94 and 3/1/94 Planning Commission Meeting, et.al. Regional Park Development Issues g:labels:regpark Jerry Esposito Eileen Murphy Bill Ross 6141 Morningside Drive 201-21st Street 19213 Seabrook Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Terry Dolton Mary Bell Gordon LaBedz 17892 Shoreham Lane 20292 Eastwood Circle 339 Regatta Way Huntington Beach, CA 92646 Huntington Beach, CA 92648 Seal Beach, CA 90740 Lois Vackar John Szymanski Jan Vandersloot 6852 Bar Harbor, 1B 1926,1 Archfield Circle 8101 Newman, 4C Huntington Beach, CA 92646 Huntington Beach, CA 92649 Huntington Beach, CA 92647 Virginia George Buck&Barbara Marrs Donald & Dorothy Guillaume 16305 Niantic Circle 19265 Archfield Circle 19243 Meadowood Huntington Beach, CA 92649 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Marcia Hanscom Thomas McAleer Dianne Easterling 19276 Torrey Pines Circle 19275 Archfield Circle 203-8th Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Connie Boardman Dr. Louann Murray Juana Mueller 8401 Sweetwater Circle 17461 Skyline Lane 603-21 st Street Huntington Beach, CA 92646 Huntington Beach, CA 92649 Huntington Beach, CA 92648 Mike Jones John McRee Jacqueline Geier-Lahti 19267 Archfield Circle 19269 Archfield 17192 Lynn Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92646 Greg Herder Jean Kimbrell Chuck Scheid 6461 Oakcrest Circle _ 17192 Englewood 8062 Ebbtide Huntington Beach, CA 92648 Huntington Beach, CA 92649 Huntington Beach,-CA 92648 g:labels:form I (g:labels:regpark) continued Ridgely Keeley Warren & Violet Cowden Tom Livengood 6742 Morningtide 124 16th Street, #1 5461 Meadowlark Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Chuck Nelson Bob Winchell David S. Porter 16321 Magellan Lane HB Tomorrow Fisher & Porter Huntington Beach, CA 92647 PO Box 865 110 Pine Avenue, 1 lth Floor Huntington Beach, CA 92648 PO Box 22688 Long Beach, CA 90801 John Erskine Barbara Lichman Phil Smith Nossaman, Guthner. Knox & Elliott Seacliff on the Greens 19552 Ditmar Lane Lake Shore Towers, Ste. 1800 5 Park Plaza Huntington Beach, CA 92646 18101 Von Karman Avenue Irvine, CA 92714 Irvine. CA 92715-1007 Rudy Vietmeir Joyce Riddell Robert Williams Sierra Club HB Chamber of Commerce 9161 Annik Drive 6622 Michelson 610-22nd Street Huntington Beach, CA 92646 Lakew000d, CA 90713 Huntington Beach, CA 92648 Bruce Monroe Flossie Horgan Al de Lorm Sierra Club Bolsa Chica Land Trust 19263 Archfield Circle 640 Seabreeze Drive 207-21 st Street Huntington Beach, CA 92648 Sea] Beach, CA 90740 Huntington Beach, CA 92648 Vern Hall Denise Devines Tom Zanic 216-22nd Street 228 19th Street New Urban West Huntington Beach, CA 92648 Huntington Beach, CA 92648 520 Broadway, Suite #100 Santa Monica, CA 90402 Bill Holman Bob Fisher Laura Madariaga Pacific Coast Homes OC Harbors, Beaches & Parks 6121 Morningside 23 Corporate Plaza, 4250 300 N. Flower Huntington Beach, CA 92648 Newport Beach, CA 92660 P.O. Box 4048 Santa Ana, CA 92702-4048 Dick LeGrue Adrianne Morrison Norma Ankerstar 8401 Sweetwater Amigos de Bolsa Chica Equestrian Trails Inc. Huntington Beach, CA 92646 P.O. Box 3748 6792 Corral Circle Huntington Beach, CA 92605 Huntington Beach, CA 92648 Nancy Harris Nancy Donovan Mary Jane Wiley 18002 Hartfield Circle Los Patos 6192 Moonfield Huntington Beach, Ca 92649 Huntington Beach, CA 92646 Huntington Beach, CA 92648 gaabels:form ma-1C. L1, _.._ Page 4 Of 6 r 'rT.Fc =aTT M. 4__✓E=c UG=O?v.ZLIL PARK Doua Levan Buck an d B#rho-a :airs Ed Mountfc_d Sh:LL• nESTEFS E _ , .NC. Sr�,C' - 'r— TIGN 6232 Do!D'-inwood Dr. 20101 Golder. rest St . _91 C. ET�(:A CirCie } uTitl:lgLC7 Beach, Cr 9 2Eiic. =nzincton each, � 9264$ Y" rtC, OA �E L1-4e Barb a is""mian Mike Mart:r. J. 0. Mueller GF,EZ-NS S.C.C. 1-9462 Pompano Ln. #107 a 7333 BOiS2 A':en_e Huntington Beach, CA :-4c=C Ir''Ine,�U. 9c i14 Westminster, 2n 926E3 mc Dom' G _ r c ['. `ice , Dale olcma^ B ,:,oh Tim Mu__e^an ^_'C_ OF Lo?.;: LACH CJ,Z DEPT. _c ____e SE21 Be!_fie-d 2400 E. Spring St. Hu_- ti on _ Cr 92648 ? uatl^g*o. BE2c C=. 426 ..o^c 3eaC" CA 90Q06 Lar1"v Lue a Sarbara _Ys1 kcv ch e hi'i I-�b� CowliSSiON 6032 L�rdee _rive 2 � Street :E49 Jalliceto Huntington Beach, CA 92647 Hurt to. seat::, C.�' °2s48 i+est:tinste_ CA 52683 aca Nor-na va^.der Molen Ch u '� I 61 i ^ 4 db�'" 94 72 Mok:hatz �rlve 1 i e r�ua i.-� c CA 5264& untington neacy, CA 92648 3 each. CA 92E47 Rebin *4alo^ey-Fz nes, 3�.i a Jc•:z a L•�cy= 2:y la des Staff A=a, SL S `T CE?17 64,;5 :Dcral Dr i.e C 1FOp_V%1iA i0Pq.:�L CO.Km. 640 S ez ST Dr i ve Runtington heath, CA 92648 P.O. Box 1430 Seal a I CA, 90740 Long Beach, CA 90802-4416 Allen Max cus Virginia Moore Charles Osterlund CLUB SERIES S07-rd iiOA 19641 Seawind OCE.A_ VIEW SCHOOL DISTRICT 19395 Mericn Circle Huntington Beach, CA 92648 16940 B Street Huntington 5each, CA 926-48 Hu-ntinatca Beach, CA 92647 A= Markstrom *H�untgton o Julie 0 ugi, Assoc. Planner SWELT. WESTERN E P, INC. :i1CA CI O INGTON BEACH P.O. Box 11164 8 200 treet Bakersfield, CA 93369 each, CA 92649 Hun ng Beach, CA 92648 Page 5 of 6 1i.:.2.?IETT M. WI EDER ;EGIONAL PARK CAC Y-1: r:`:G L:ST Pau' a Martha Pa:sc-S L'ea. Ro',Lnei J'Jdlth Se'✓err, ice r:es . 19065 Bayhill 1.a~:e !+.ASTERS SF:c==5 '.:O rSOWNEERS' -- Funti:;aton Beach, C= 5264E ;�-_zSOC. BOARD OF 52£6 G_ee:�::_er Dr_ Te E101 Slates r✓c.^._e 'x.tincton Beach, Cl•. 9264E F=tington aeaCl, Cr.; 92647; Trac-y Pellrar± john Roh._i^c Charles 16691 Gree=view LaLne 19241 Seab:cok ?.ante 18221 _vo v Crest Lane Huntington Beach., CA :2649 H,.intincton Beach, CA 92648 -?x'lt ngt0 n Se• ch' C;.. 264E y.i�-T: Y--- .' NCB i{••r 1'CC��L na�� Lane --- 7- Ba:_an=-..t c:e C2 _ G7C. ""C=: C. ==&C�. _znct Einaz Poder Bill Rcss r i` 6442 Dc.al Dr. 19_ - Seabrook Lane 1 _2 mane aunLinstc= Beach, C= 92648 ^.t.^.gto. �E2Cti vs �2E49 t:W: Beach, Cii �1iEi"6 David L Sua= Porter James Rush John Stiil::.an 6522 :oral :rive 6851 :sardines Dr. 6312 Dotal D:. H•_—t-^.Ct= -BESCh CA �26fs� ^-ant .^`nston Bea Lt 92647 .^%=.tingjton Beach, Cr'. 5264S 9 mark Porter Ch i Dave Sullivan 19561 -opka Lane8 4162 Wuzcsice Dr. Hi::�tlneLCII 3eaCh, CA 92646 _t_ _ - -'each' CA 92648 ?".:Ati^$tCA Beach, CA 926�.5 J :n Reaves Peggy Sc:.nevle Jo►^on" 18092 Fresbwater Circle 18 Tidewater 1 Circle Hunting= Beach, CA 92648 Dine, CA92714 - ach:, C;-. c264c Roy Richardson Jim & Gail Scott Ira Toibin 16982 Bedford Lane 19225 Seabrook Laze 4111 Shorebreak Drive Hu_^tinaton Beach, CP. 92649 Huntington Beata, C:. 92648 Huntington Beach., CA 92649-2148 Joyce ll, President Joe Sullivan Dominic Tomaino !AN F_R Or S ACLIFF COIK'fMNITY 6812 Scenic Bay mane C 2_10t- w'NER'S ASSOC. Huntington Beach, CA 92648 2 i St. , Ste. 200 6201 Greenbrier Dr. 3unti.g acb, CA 92648 Huntington Beach:, CA 92648 March 21, 1Yy4 Page 6 of 6 ,-i.". -IZ77 M wIEj2ZR nGION.AL PARK CAC MAILING LIST Lois ''- r b Winc b852 _ r =B :U!. N BBT. .OMORROW ii; _ nct...a a CA 9264E P. x 5 :iLL,'ltl^ or-, C:^., Cr 92648 Wnc M.D. Dee & Kurt Wood bWeilhank?u_nti , CA 52647 r.,:rtincton Beach, C.� 92E49 _ IiC LaitE . l�' �Ci__ Sa , 8 JS ��ca.. 9^SCi D e=i s ti irc-_s Frank Zappia _07E_ Srin�_ft L_.. _9o41 Store _st Laze . =;•'lti^ctora Beach, Cr 9264E L^_tincto^ Seach, CA 92648 Dori Susan Wateraan 19062 Bay^.ill Lane h' ^.Li,�etoa Beach, CA 92648 CS.c_%EBDCi-243 Jo n Westerme er (6082)1070214511896 . 16700 Aston Street Irvine, Cam. 92714 AudX' eeler P.ORuneach, Cis 92648 Myrna Wickes 4482 Sea Earbor HiLitington Beach, CA 92649 Robert Williams 9161 Annik Drive Huntington Beach, CA 92646 Page 3 of 6 :iAR.RI ETT M. ►+I lr)=R REGIONAL PARX CAC ?+AILING LIST Mar a—mvsao( Si:l } Pr /3kanager Willis Koff=°t': le . r_.^.es Circle ?ACT COw �� S 19223 SEa?^rock ,a=,e on VEach, 2� ►aia, Ste. 25`J �:'�1^CtC Beach, CA 9.�E_� l New-por B ch, C_- 925E0 Mary arris Floss'a EO Ca_^. Ron & Mer=i Kupf�ersteyn E.C.P._.C. BOL *7 �_nL'S?` 19051 Stcne:^.urst Lane 18381 C-clden-•est 20 2 T�,e t ..% ntington Beach, CA 92646 Funtington Beach, CA 926.E Hu_^.ting' n peach, CA 52648 Elle ? _6:-52 �ar'.�.c '=_:E S• `^ i't.�.T `�450 E. _stSeal 11 ac. ;_ CA 07-G La Ka'-ra, CA 9C631 5111 6132 Mcrr:_mcsice 6455 Dcra1 Drive i::ntinaton C_'k 92f4: HunrinCtcn Beach, CA 92648 -_-.:' t:_-:-nSzcn- Beach, C.% 52'oio Bruce Henderson, Biologist Mr. & Mrs. Bch Lancaster U.-S. 1?"C: CORPS OF _tiGT_:vT_'aR5 1 �ieid Circle -5055 car_-on-_ Lane 300 N. Los :nceles Street I3ti:nt_ �C.. Beach. CA 2?6 4 8 :—mt4 ctca Beach, CA 9264E P.O. Box 2?11 Los Anae:es, CA 50053-2325 Ms. Teresa Renrv, �.C. (3d) FC cv u'im.La_^_ger Asst. Dist. D_- . S:-.=LL HES=.t m E&P, :NC. S:ZSLL WES-ImI Zap 1NNC. CALIF`0?.y-TA COASTAL COM-M. P.O. Sox 111£4 P.O. Box 111E4 P. .0. Box 1450 Bakersfield, CA 93389-3164 Bakersfield, CA 93389 Long ?eat, CA 90802-4416 qze y :.11en S. Rehr:edv Dick n ; ' le SFS?LL w-ESTERN S&P, INC. 840 e 4 ach, CA 52648 P. O. Box 11164 .. in op each, CA 9264E Bakersfield, CA 93389 Stephen F. aoldes:, CIC Beth Kennedy !Cathie Leishtoa SOME SHORE. INSU ANCE AGz�7Cv- 7672 Anita Lane PACIFIC COAST HOMES 19010 Broo;chuxst St. Huntington neac_^., CA 52647 23 Corporate Plaza, Ste. 25C ?Huntington Beach, CA 92646 Newport Beach, CA 92660 Gene Holly Je ell Victor Leipzig/ MICON �I2.�ERING 1-7T oa Dr. Louann Murray 780 Van 1h,--en, Ste. G i 1 ch, CA 92649 17461 Skvline Lane Placentia, CA 92670 F.untington Beach, CA 92649 I`i Page 2 of 6 YAreRIETT M. WIEDE?. REGIONAL BARX CAC MAILING LIST Jerry Do-:incue2, =xea Mgr. E_11 Haggerty Zdu_.c SC= ESTATES Six_:S ?G.^':Gr.?vim c5 i292 TouiOuse '�r_.Ve, tl 7333 Bo_sa A:•e: :.e ASSOC. ::unt_rgton Beac-, CA °::Ez7 Westminster, CA 92£83 612_ Tu-:.ber- Circle d u.^.tington reach, Ci, 92648 Nike Dotyis:en Eyar_ 1,orraine Faber Ed _1:rL: PER 152;1 Nottingham Lame 21942 Seaside La-e 18012 9kv^ark C-ircle Huuntinct= BeaC. C:- 52647 Wuntinaton Seac-, CA c2icf Irv-:e, CA 52714 C'e2ECE a i:n-'__ L_C___ 2i2V? vaCr'c1 �Tr y�Ci4' -�a_ 6161 Mcrmr.-__:de _r_ .�e 6472 i,cra' ___:c F u-n L9 T,C C: -J ac'- C! QL-LC � _...�_.^'C zC-1 ��G C1.i �.r 5r E4L :.1.::.�_ •�Y_br. 2EGC. _L 5264c 4. 1 -2^^�i<Ea5 ,2---na Ruth i is ley Larry Gei aye J3. G 1 -Ca TOMGzRGw 26161 .'-�c_ie: La=.e e•E__ Cc'_�-r1 Circle 20- : to treet Funtincto Seac. CA 92647 Huntington Beach, CA 92646 'F.:2in on _ ach, CA 52646 81_1 :iix_ich Ter'-,- Dicke=se 520 Broacza;• #100 DEPT. OF' =:SH A�.M GALKCircle Santa Monica, CA 90401 330 C-olden S cre, Ste 50 emu_* �'aea�h, C-A °2649 Lon Beach, CA 90'6C2 Jim gle Jo'=u Fisher Nora Gibbs RE T_ ,133.11c:?5 & D_. . 6692 Shetlarc C:rc:e 17087 'Westport Drive CITY 7. GTON BEACH H,,mtingto^ beach CA 92 648 'Huntington Beach, CA 92649 200 �_t: et Huntia Beach, CA 92648 John 3r Ir Lee Feldman Dorc n Guiliaune Noss .'^ Knox & CLUB SERIES HO:�OA'hiR'S ASSOC. 192 wood Circle Slli tt _935E Peachtree Circle iii i or. ach, CA 92E58 Lake h ers, Ste. 1800 Huntington. Beach, CA 92648 18101 *1 avenue IrvineC2715-1007 mike Forney David Hall MURD:' COMMUNITY CENT3R 26291 Kim Lane 7000 Norma Dr. Huntington Beach, CA 92647 Huntington Beach, CA 92647 ,r- - Debb ^� ry Esposito FRIENDS AND 2T..-GHBORS OF Ve_ ii }� EST •SFACLIF-. H.O.A. SEACLIFF 216 rc��tke 61C side Drive 2124 Main Street, Ste. 146 Hun, +g- c ,JCA 92645 Hy-4ag Beach, CA 92648 Huntington Beach, CA 92648 v Page 1 of 6 f F_*kRR I£TT M. W i ZI)ER REGIONAL PARR CAC M.:,IT ING LIST Jim Eldridge Mr. & Mrs. :ack Be_;:tich Nark Cc. _�a�r�V • T:mTGO5 DE 303.SA C CA 15075 Fai*-c-r ?..«re =�-A=T }'� C__ _ rI 0. Box 374E -runtingtrIn Beach. C„ 52646 _idI .i BO01- P. � Huntington Beach, CA 92649 Iva ' ,�rste1;sLn Cron Bcsc. A S=64' Sa_ndv A-_len Nicolas B'_etaer Debbie Cook 6505-Doral Dr. 6462 Doral _r. 6692 Shetland Circle Euntincto.� ;each, CA 92646 Huntington Beach, CA 926z-6 '4-Lmt_neton Leach, CA 9=54& r^ce__, -resident Cc ie "eC ..r. Coc'Jez =i-.C: IC C:;-_S =ON�'S E4G-_ �"' 9���'/� !e e-4_ Meado,-.; C-ezt 23 ' ata � _:.a.. , CA ?2F4' Ne-.-?Crr Beach, CA 92E60 C. _ . Atherton Jack Bowled Mr. C^::cv Dan-:, D_st. Dir. 12E03 ooc=:` 6681 Pres_d Dr. C.L:FORSIA C0;-.5:A COI."-!. DOW.ney, CA 90242-5054 F=tinctcn Beach, CA 926a8 P.O. Box 1450 Lcnc Beach, CA 90802-4416 Chuck Atwood :rar_-y Brose Li.-as Dawes, Ph.:). 51?6 -bruaa Dr. R2_2 KOLL RZ;. L DS=:.Tt GROUP U.S. FISH & '41iZL_F, S RVICi Huntington Beach, CA 92649 2213 Mai. Street, Suite 32 2'30 Luker Ave. , west Huntington Beach, CA92648 Carls:sd, CA 92000 Ruth Bailey Terry Camp-e=1 xl and D�,;ie.c ' 5641 Marshall TIRE PLA?0 ING Cam.-TER 19262 C. ie, ra'7ti"`oto: Beach, CA 92649 1300 Dove street", Run n:r 3�pac h, G: 92648 Newport Beach, CA 92660 . Ralph baser G. E. Carrillo Shirley Dettloff 16511 Cotuit Circle 24002 Parse 6812 Laurelhurst Fduntingtoa Beach, CA 92647 Mission Viejo, CA 92691 Huntincton Beach, CA 92647 Dean Baxley Gerald Cha;zzan Barbara Devlin 17942 Alta M.irarc Lan. 6742 Shire Circle 17156 Edgewater Hunti:�gton Beach, CA 92647 xuntington beach, CA 92648 Hur•tington Beach, CA 92649 r,.� N° Mary Erica Chiu 'erry 'to_ 2029 a o Circle 6151 Morr-incside Drive 17692 `gym Mane Sea h, CA 92648 Hur,t:,ngto.^. beach, CA 92648 F?ti:nti 3 ?i, G, 92649 Community Services Commission Shirley Carey Judy Diaz Jay Kreitz 21142 Brookhurst Street 6201 Foxshield Drive 19781 Island Bay Huntington Beach, CA 92646 Huntington Beach, CA 92647 Huntington Beach, CA 92648 Dan Moss Donna Ryan Michael Simmons 6931 Church Circle 20892 Skimmer Lane 6892 Presidente Drive Huntington Beach, CA 92648 Huntington Beach, CA 92646 Huntington Beach, CA 92648 James Staunton Judy Swan Carrie Thomas 20172 Crown Reef Lane 8611 Larthorn Drive 6642 Trotter Drive Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648 Richard Weaver Chuck Beauregard 9831 Vicksburg Drive Save Our Kids Tom Ryan Environmental: Board Chairman Huntington Beach, CA 92646 5942 Edinger, Ste. 113-307 8852 Luss Huntington Beach, CA 92649 Huntington Beach, CA 92646 g:labels:form Connie Brockway,City Clerk City.of Huntington Beach Office of the City Clerk c 1 v _ P.O.BOX 190 1.S.s :-1` - po'- 5: 7 a2 - Huntington Beach,CA 92648 "" !1+gZS r • _ P f .• •moo lo CA OAL1 c +t , \s;vV•/y lC ; A��mAted Noto �a AMINcrpti �A�O_`MGORPOgq)FG �� V ' Z U�4 1., a $ 1 G'F q I909.' �O fi -Y�.c T1� Central �pUNTY �a` Ante fed Not pGY'r :ve f ! Qe�%oit (e� LEGAL NOTICE - PUBLIC HEARING �((ni �� i A �`662 ��l�ttlt�t7t+�ttt11tt1(t!! }}{f }'iltlt}tltt}}I� t}} }}}}jttf/�Ilitltlitllii! Connie Brockway,City Clerk City of Huntington Beach •�... __.-._�-4 sr_�___—_ �,G-104 Office of the City Clerk ,4?is Y'r;.F J��` 6��� U.S. T I4 P.O. Box 190 fr Huntington Beach,CA 92648LA CA I f p fi Q GORPOgq)f� /A ;� d'. 1 �!\:11 1 S 2— C,7 HSI HSIANGr Lee C.j - _ �-9782 _OTymp3c Dr. Hui tirigtcjn Eh CA 92646 All OQ �V� CpUNTY cP` LEGAL NOTICE = PUBL �ICHEARIN�,� ! }} t tt. 4 4 Connie Brockway,City Clerk City of Huntington Beach FaSory Office of the City Clerk ^O�pp X9 46 P.O.Box 190 E r v n• 4 Huntington Beach,CA 92648 Uar. `c't r, ,O.O Mn'.'�. :1.� ::J4-t .J {7�r•� T i�'� �.� ` � G" e 1 i Attend "\ Not lfiw INGTOy� 41, F9 Edward Park Homeowners Assn Newpork Be I (�9 . 62 9 Q AttemP_ted N--o t 1ion �ouNrr cp •IEGAL NOTICE- PUBLIC HEARING " 11�4Trn�lrl.lt*�� � Connie Brockway,City Clerk City of Huntington Beactf. ` Office of the City Clerk,. P.O. Box 19Q Huntington Beach, J2648:: j Re i q TO 2 O�. G� 023-371-90 Club Series of Seacliff INGTQH F�. Homeowners ASSN �� `pGOpPOggPf dF9 608 Silver Spur RD. Rling Hls Est CA 90274 °OUNTY ca LEGAL NOTICE . PUBLIC HEARING way,City Clerk of entington Beach r. �.........- .:,, ., :__.,,. .u,.n.� ��,�1 Ulf1 ce of the City Clerk , �` sq +�__ us.Fos�a�� V .1 P.O. Box 190a u, s = Q-= �, ;-^mow f Al"R 0'96 I t 7 1 4 ton Beach,CA 92648 pp o' +�7�ql ti" -- �'• g Et r. C' ASS 6VIIAf1 �I i ,w ,► �— ME f E F_: CAL%f. ,...; F9700526 �+ w S�Np�a m. �Q�371-89 Club Series of Seacliff Homeowners ASSN �pNTINGTOy %ATTN Richard Knowles %Cayman Development - -•_ _ qy RI-1-Ina Hls Est CA 9027�4 1^�UN TY Ca LEGAL NOTICE - PUBLIC HEARING i;if_f{If1;1►1►11�ft�,i►�1i,tl�I I� , t ►�► ,�► , ,► ► ► '► �► ... _ _ _ _ _ 1t1.111•Ilhl 111111U 11•Illhlltt11Yt1•1t11 •/llii STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, August 15, 1994 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Moulton-Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach-to order at 5:10 p.m. PRESENT: Bauer, Robitaille, Leipzig, Sullivan Winchell (arrived 5:20 p.m.), Moulton- Patterson (arrived 6:20 p.m.) ABSENT: Silva (City Council) DEED RESTRICTION ON PARCELS TRANSFERRED TO COUNTY OF ORANGE - BOLSA CHICA REGIONAL PARK PHASE 1A (650.10) The City Clerk presented a communication from the City Administrator regarding deed restriction on parcels transferred to the County of Orange for the Bolsa Chica Regional Park. Communications that have been distributed to Council on the subject as follows: Sierra Club, Preserve Bolsa Chica Task Force dated July 12, 1994, Seacliff Coalition dated August 15, 1994, Jan Vandersloot regarding Upper Newport Bay dated August 15, 1994, three communications Robert E. Winchell, Huntington Beach Tomorrow, dated August 11, 1994 and August 12, 1994, Marcia Hanscom dated August 5, 1994, Robert Fisher, Orange County Environmental Management Agency, dated August 11, 1994, Harriett Wieder, Orange County Supervisor, dated August 10, 1994, Tom Matthews entitled Orange County Environmental Management Agency press bulletin dated August 15, 1994 and Executive Summary Bolsa Chica Local Coastal Program and three color illustrations of the Bolsa Chica 1993 Koll Land Use Plans for 2,500, 3,200, and 4,286 units. The Community Development Director presented a staff report stating that on May 2, 1994, the City Council approved the Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 for Phase 1A of the Bolsa Chica Regional Park and requested that staff look into the possibility of incorporating deed restrictions requiring that landscaping on the parcels be restricted to native vegetation. On May 15, 1994, a request for legal services was submitted to the City Attorney's Office to provide information on the possibility of incorporating deed restrictions on the parcels to be transferred to the County for Phase 1A of the Bolsa Chica Regional Park. However, in June of this year the Council approved transfer of the subject parcels without consideration of the deed restrictions. Transmitted for your review is the City Attorney's determination regarding the implementation of restrictive deed provisions. n' • Page 2 -Statement of Action The City Attorney apologized for not being able to provide a-legal opinion regarding the proposed deed restrictions due to the high volume activities and priorities in the last weeks. She stated that it was not the City Attorney's or Council's intention to approve a deed that did not contain these kinds of restrictions, if legally possible and that it was regrettable that the deeds were presented to Council and approved without the restrictions. She stated that the city had grounds for reforming a deed if it was not the intent to grant that deed as presented and the city would also have grounds through litigation. She stated that the enforcement of conditions on Conditional Use Permits is not always as effective as the city would like it to be. She stated that the Coastal Commission also supports those kinds of conditions. _ Mayor Moulton-Patterson stated that the Coastal Commission agreed in concept but no conditions were put on. Councilmember Sullivan spoke regarding a letter from Robert Fisher, Environmental Management Agency dated August 11, 1994, and read from paragraph two which states: "(Please note, however, that we readily agreed to deed restrictions committing the property to park and open space purposes for 50 years)." He stated that Mr. Fisher had stated at the last meeting regarding the park that he was willing to see if there could be some deed restrictions that would be agreeable to everyone. Councilmember Sullivan spoke regarding material distributed by Mr. Vandersloot regarding land in upper Newport Bay that contains deed restrictions. He stated that the Council needs to pursue the deed restrictions. He recommended redirecting staff to look at deed restrictions and meet with the county about it. In response to Councilmember Bauer's question, the City Attorney stated that the city could proceed with litigation to have the court decide if we were entitled to have the deed reformed. Councilmember Leipzig proposed the following: 1. Direct staff to pursue the deed restrictions that have been discussed. 2. Direct staff to base the format for these restrictions on those that were used in the Irvine Company transfer. 3. Deed restrictions should include all of the topics that have been discussed, restrictions included in the communication from the Seacliff homeowner's association dated August 15, 1994, restrictions included in the Sierra Club communication dated July 12, 1994, and any other restrictions that have been mentioned that are not included with in that list. The precise language of the deed restrictions to be worked out with Orange County Environmental Management Agency. 4. Return to the City Council with the precise language for final approval. 5. The Existing Council Committee on the Linear Park (Mayor Moulton-Patterson, Councilmembers Bauer and Leipzig)work with staff when appropriate. i Page 3 - Statement of Action A motion was made by Leipzig, seconded by Sullivan, to direct staff to pursue deed restrictions on these Linear Park parcels with a structure to be based upon the Irvine Company transfer deed restrictions, that they include all the topics that have been discussed here this evening and in two written presentations to Council, that the precise language of those restrictions be worked out with the County Environmental Management Agency, that the City Council Linear Park Committee work with out staff and the county if appropriate and the precise language that is worked out be returned to City Council for final approval. Councilmember Winchell requested an additional restriction of a minimum use of pesticides and herbicides as suggested by a Sierra Club member during public comments.-She also requested a review of the process that allowed the deeds to be approved without the deed restrictions directed by Council. The City Administrator stated that he would prepare a report to Council regarding the system that will be used so that it will not happen again. The City Attorney stated that she is aware of a number of new issues in addition to the issue of native vegetation. She read from minutes of the May 2, 1994 Council meeting. She stated that if Council increases the number of deed restrictions, it makes it more difficult to have the deeds reformed. Councilmember Winchell stated that Council did not know what was appropriate in deed restrictions at the time, were ill informed as to what you could put in a deed restriction and were searching for that. She stated that the substance contained in the amendments to Resolution No. 6592 reflect what Council wanted on that property. Councilmember Leipzig requested that an additional deed restriction be added regarding archeological finds being returned to the city for educational purposes. Councilmember Winchell stated that the communication from the Sierra Club included a request for a comprehensive survey of all archeological sites on the Huntington Mesa. She stated that she wanted the land to be dedicated to park and open space purposes in perpetuity not just fifty years as stated in the letter from John Fisher. Councilmember Bauer stated that if the money for the park is spent on deed restriction such as archeological excavations, you will never have a park. Councilmember Winchell requested that the amendments to the original motion be made regarding a comprehensive survey of all archeological sites and after study return of any archeological materials or artifacts or information to the City of Huntington Beach to be used for educational purposes and that the land be dedicated to park and open space in perpetuity. The amendments were accepted by Councilmember Leipzig. The City Clerk clarified the motion regarding no parking on the park property. Councilmember Winchell stated that the parking issue was included in the Seacliff Homeowners communication. Page 4 -Statement of Action The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES; None ABSENT: Silva Mayor Moulton-Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: _/s/Connie Brockway /s/ Linda Moulton-Patterson City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their adjourned regular meeting held on the 15th day of August, 1994. Witness my hand and seal of the said City of Huntington Beach this the 16th day of September, 1994. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy Ofty Clerk G/W/94stact -� CD94-62 RtQUEST FOR CITY Cdi& N Date: August 15, 1994 Submitted,to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Robert Franz, Deputy City Administr Melanie S. Fallon, Director of Co y el pment . S� Subject: DEED RESTRICTION ON PARCELS TRA SFERRED FOR THE BOLSA CHICA REGIONAL PARK. Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,.Attachments: SOS-/9,/ C, You"�her1 i GN�i cuarQ�lin� orrcae e, ee res7rrc fidns- s7`ruc re on Irvine Co. dee 1-e S�ricfion 9 9 7`1�e /efrs su6m.`tfe� des mepir. �.6e STATEMENT OF ISSUE: wen ew oaf- ,u Cafl acid s�'f Wfw ,Preci�� /an9 u-Q9 e- ct rovq I (Use o to be. return eel -10 co Lnc i l {�o� precis v►g�up e. Qru� Ph f f��+ odes and herbic:idesJ1-gnd he/d 1n perPefu;�r��l.rche�r/cyica//,re-hiele On May 2, 1994, the City Council approved the Conditional Use Permit (No. 94-3) and Coastal ar Development Permit (No. 93-28) for Phase 1A of the Bolsa Chica Regional Park and requested that staff look into the possibility of incorporating deed restrictions requiring that landscaping on the parcels be restricted to native vegetation. On May 15, 1994, a request for legal services was submitted to the City Attorney's Office to provide information on the possibility of incorporating deed restrictions on the parcels to be transferred to the County for Phase IA of the Bolsa Chica Regional Park. However, in June of this year the Council approved transfer of the subject parcels without consideration of the deed restrictions. Transmitted for your review is the City Attorney's determination regarding the implementation of restrictive deed provisions. RECOMMENDATION: Staff Recommendation: Motion to: "Re-affirm the transfer and release of the subject parcels for recordation by the County of Orange for Phase I of the Bolsa Chica Regional Park without deed restrictions and finding that the conditions of approval restricting plant materials to native species sufficient." ANALYSIS: On May 2, 1994, the City Council approved the Conditional Use Permit (No. 94-3) and Coastal Development Permit (No. 93-28) for Phase IA of the Bolsa Chica Regional Park and requested that staff look into the possibility of incorporating deed restrictions requiring that landscaping on the parcels be restricted to native vegetation. In response to Council's request, a request for legal services was submitted to the City Attorney's Office, on May 15, 1994, to provide information on the possibility of incorporating deed restrictions on the parcels to be transferred to the County for Phase I of the Bolsa Chica Regional Park. On June 21, 1994, the City Council approved transfer of the subject parcels to the County without considering the deed restrictions regarding use of native plant species. The subject parcels were subsequently transmitted to the County and recorded on July 14, 1994. The City Attorney has indicated that, this action by Council has clouded the issue as to whether the Council intended to incorporate any restrictive deed provisions. The City Attorney has presented two methods by which restrictive provisions may be incorporated into grant deeds. However, since the subject deeds have already been recorded, any modifications to the deeds would need the County's consent or could be permitted through court action. Attached (Attachment No. 1) is the City Attorney's memo addressing inclusion of deed restrictions. The County Department of Harbors, Beaches and Parks, has been informed that Council is considering pursuing deed restrictions on the subject parcels but did not have the opportunity to review the issue with County Counsel prior to preparation of this report. Comments from the County are anticipated to be provided by the August 15th meeting. Staff believes that the conditions placed upon development of the park adequately meet the Council's intentions to restrict landscaping to native plant species, without requiring deed restrictions on the parcels. The May 2, 1994, City Council action adopted Resolution No. 6592, approving Conditional Use Permit (CUP 94-3) and Coastal Development Permit (CDP 93-28)for Phase IA of the Bolsa Chica Regional Park with conditions including a restriction that plant materials in Phase I be limited to native species. On July 14, 1994, the California Coastal Commission held a de novo hearing and approved development of a three acre increment of Phase 1 A, located within one of the transferred parcels. Development of this increment was also conditionally approved restricting landscaping of the site to "native, drought tolerant" plant species. The condition of approval restricts plant materials to native species. Planting of any non- native species would constitute a violation of the conditions of approval which could lead to revocation of the CUP and CDP, if not rectified. However, if the City Council does not feel that the condition of approval is adequate to address their concerns, the Council may take the alternative action to pursue legal action. FUNDING SOURCE: Not applicable. RCA-8/15/94 2 (CD94-62) I ALTERNATIVE ACTION: The City Council may make the following motion: A. 'Direct the City Attorney to pursue incorporation of restrictions on the deeds for parcels within Phase I of the Bolsa Chica Regional Park to restrict landscaping on the site to include only native plant materials." ATTACHMENTS: 1. Legal determination from the City Attorney dated August 2, 1994. 2. Request for Legal Services dated May 15, 1994, requesting that the City Attorney look into language for incorporating deed restrictions on the parcels to be transferred for Phase IA of the Bolsa Chica Regional Park. 3. City Council Minutes from the May 2, 1994, meeting--includes findings and conditions of. approval. 4. RCA dated June 20, 1994, transferring deeds for the Linear Park(Bolsa Chica Regional Park). 5. Memo from Richard Barnard dated July 25, 1994, regarding deed transfer of Bolsa Chica Linear Park Parcels 101, 102, and 104. MTU:MSF :kjI RCA-8/15/94 3 (CD94-62) ATTACHMENT 1 I , �4TA CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Melanie Fallon, Director of Community Development FROM: Gail Hutton, City Attorney DATE: August 2, 1994 SUBJECT: Deed Restrictions; RLS#94-323 BACKGROUND You have requested that we look into the possibility of putting deed restrictions regarding plant materials, fill and parking on the parcels which will be transferred to the County for park development. Also, you have asked that we provide the methods for imposing such restrictions and evaluate possible ramifications. We are informed that some of the parcels have been transferred to the County without such restrictions. ANALYSIS ` Restrictive Deed Provisions Conditions subsequent and restrictive covenants are two of the most common methods used by grantors to.restrict a grantee's use of conveyed property. When a grantor wants the grantee's estate in the property to terminate if specified events occur, he may make the grant subject to a condition subsequent. If the condition subsequent occurs, the grantor must act affirmatively and within a reasonable period of time to regain possession of the property. (People ex rel the Dept. of Public Works v. City of Fresno (1962)210 Cal. App. 2d 500, 26 Cal. Rptr. 853.) However, the use of conditions subsequent to control or restrict a grantee's use of conveyed property is limited by the general rule of construction disfavoring forfeiture and also by various statutory prohibitions against specific types of restrictions. (MacDonald Properties, Inc. v. Bel Air Country Club (1977) 72 Cal. App. 3d 693, 140 Cal. Rptr. 367;Sackett v. L.A. City School District(1931) 118 Cal. App. 254, 5 P.2d 23.) A restrictive covenant is a promise to refrain from doing specified things in regard to the use of land. Restrictive covenants may be created by language in the deed itself or by a separate agreement relating to the deed. (Civil Code Section 1468.) As with conditions subsequent, the use of restrictive covenants is limited by public policy considerations. (3 Augustine&Zarrow, California Real Estate Law and Practice, chapter 80.36, section 1.) In order to be effective, the covenant must meet certain requirements of statutory law. (Civil Code Section 1468.) Melanie Fallon August 2, 1994 Page 2 Prohibited Restrictions Provisions that limit the right to sell or use property based on a person's gender, race, color, religion, ancestry, national origin, or disability are void as against public policy. (Civil Code Section 53(b).) As a general matter, restraints on alienation of property are narrowly construed and disfavored. (3 Augustine&Zarrow, supra, sections 3 and 4.) Exceptions and Reservations An exception or reservation in a deed allows the grantor to retain a specified interest in the property to be conveyed. For instance, the exception of subsurface hydrocarbon rights. Technically, exceptions and reservations are not restrictions; instead, they lessen the actual ownership passed to the grantee by the deed. (Id. at section 2) Reformation or Cancellation. If through fraud or a mutual mistake of the parties or a mistake of one party, the deed does not truly express the intention of the parties, upon application by the aggrieved party to the court, the deed may be revised or reformed so as-to express the parties' intent, so long as the reformation does not prejudice the rights acquired by third persons in good faith and for value. (Civil Code Section 3399; Western Title Guarantee Company v. Sacramento&San Joaquin Drainage District(1965) 235 Cal. App. 2d 815, 45 Cal. Rptr. 578;Bailard v. Marden(1951)36 Cal. 2d 703, 227 P.2d 10.) Proposed Language We recommend that the deeds include language limiting the use of the property to public park purposes. Further, clear language should be inserted that provides the type of plant material to be used,the amount of fill allowed, and whether the property may be used for the parking of cars. For instance: "no non-native plant materials shall be used or placed upon the property;" " the natural contours of the land shall be retained, with cut and fill limited to no more than_ feet;" and"no motor vehicles shall be parked upon the property." We will be happy to draft the requisite deeds upon request. Possible Ramifications The most important ramification is that the grantee may not accept the property if it is encumbered by restrictions deemed to be too onerous. There is no requirement that a public entity accept property that a grantor wishes to transfer. Melanie Fallon August 2, 1994 Page 3 Recommendation The current facts are somewhat clouded because the Council apparently directed that staff investigate the deed restriction language at the Council meeting of May 2;then the Council approved the transmittal of a deed, without the language of restriction, at its meeting of June 21. Thus, the Council's intention regarding this issue must be cleared up before further action is contemplated. If the Council's intent is to restrict the use of the property as discussed on May 2, then the County should be contacted regarding an agreement relating to the deeds already recorded. In future deeds,language should be inserted regarding the restrictions desired by the Council. If the County does not want to make an agreement relating to the deeds already recorded, an action to reform the deeds may be necessary, depending on the direction from the City Council. Gail Hutton City Attorney ATTACHMENT 2 CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES RLS No. Gail Hutton, City Attorney Assn To e flu L n Date Date Request made by Telephone Department 5/13/94 Melanie Fallon, Direc or 5455 Community Development INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: [ ] Ordinance $ Opinion [ J Stop Notice [ ] Resolution [ ] Lease [ ] Bond ( 1 Meeting [ ] Contract/Agreement [ ] Deed [ ] Court Appearance [ ] Insurance [ ] Other Is Request for Preparation of Contract form attached? [ ] Yes [ ] No Are exhibits attached? Yes No If for Council action, If not for Council action, Signature of Department Head Agenda deadline desired completion date _ Council Meeting June 6, 1994 COMMENTS: Routing: At the May 2, 1994 Council fleeting, Council approved the CAI General Development Plans for Phase lA of the Bolea Chica Regional Park and directed staff to look into the possibilit of putting deed restriction (regarding plant materials, PDA fill and parking) on the parcels which will be transferred to the County for park development. JCB . Please provide the methods for imposing such restrictions and evaluate possible ramifications. AJF Contact Julie Osugi of my staff if you have any questions. SL Return to Jan Richards. ADL TM WBS RCS WSA This Request for Legal Services has been assigned to attorney telephone extension His/her secretary is , extension Keep the goldenrod copy for your files: Please reference the above RIS number for inquiries. Notes Filename Date completed: WP No. RCS 2/28/92 Rev. ATTACHMENT 3 Page 9 -Council/Agency Minutes- 05/02/94 Status Report- Transfer of Property by Seacliff Partners to the Huntington Beach City School District The City Administrator stated that staff would address questions presented during the public comments in the staff report and if required, he would prepare a report for a later date. (City Council) PUBLIC HEARING -OPENED AND CONTINUED FROM APRIL 4, 1994- APPEAL BY COUNCILMEMBER BAUER OF THE PLANNING COMMISSION'S DENIAL OF COASTAL DEVELOPMENT PERMIT NO. 93-28 AND CONDITIONAL USE PERMIT NO. 94-3 - PHASE 1A OF THE BOLSA CHICA REGIONAL PARK-ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY HARBORS BEACHES AND PARKS DIVISION -APPROVED CONDITIONAL USE PERMIT NO. 94-3 AND COASTAL DEVELOPMENT PERMIT NO. 93-28 - APPROVED MODIFICATIONS TO RESOLUTION NO. 6592-STAFF DIRECTED TO DEVELOP DEED RESTRICTIONS (420.80) The Mayor announced that this was a public hearing which had been opened and continued open from April 4, 1994 to consider the following appeal: APPLICATION NUMBER: Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3. APPLICANT: Orange County Environmental Management Agency, Harbor, Beaches and Parks Division, 300 N. Flower Street, 4th Floor, P. O.,Box 4048, Santa Ana, California 92702-4048 DATE ACCEPTED: December 6, 1993 APPELLANT: Councilman Ralph Bauer, City of Huntington Beach LOCATION: 5801 Seapoint Avenue ZONE: Multiple: CC-CZ (Conservation-Coastal Zone) and ROS-O-CZ (Recreational Open Space-Oil-Coastal Zone) REQUEST: Review and approval of the general design plans for Phase 1A of the Bolsa Chica Regional Park. ENVIRONMENTAL STATUS: The project is covered by Final Environmental Impact Report No. 521 (FEIR No. 521) for the Bolsa Chica Regional Park, prepared by the County of Orange, recommended for certification by the Huntington Beach City Council on October 19, 1992 and Certified by the Board of Supervisors in November, 1992. Page 10 -Council/Agency Minutes -05/02/94 COASTAL STATUS: This project is in the appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final. However, approval of the Coastal Development Permit is appealable to the Coastal Commission pursuant to Public Resources Code, Section 30603. A denial of the Coastal Development Permit may be appealed (Section 13319, Title 14, California Administrative Code) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code. Pursuant to Public Resources Code, Section 30603, an appeal by an aggrieved person must be filed in writing within ten (10)working days, and addressed to: California Coastal Commission, 245 W. Broadway, Suite 380, P.O. Box 1450, Long Beach, California 90810-1450- (310) 590-5071. There is no appeal fee. The appeal period begins when the Commission receives a notice of the City Council action and continues for ten (10)working days. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission's review period, and as to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. The City Clerk presented Resolution No. 6592 for Council adoption-"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REAFFIRMING SUPPORT FOR THE BOLSA CHICA REGIONAL PARK AND APPROVING WITH CONDITIONS THE GENERAL DEVELOPMENT PLANS FOR PHASE 1A OF THE BOLSA CHICA REGIONAL PARK(COASTAL DEVELOPMENT PERMIT NO. 93-28 AND CONDITIONAL USE PERMIT NO. 94-3)." The Community Development Director presented a staff report regarding the concerns of the Council Committee formed to review this project regarding fill of the drainage ravine, mix of native versus non-native plant materials, and location of Phase 1A parking. Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, spoke in support of the Bolsa Chica Regional Park. Legal.notice as provided to the City Clerk's Office by staff had been published, posted and mailed. A communication from Amigos de Bolsa Chica dated March 30, 1994 in support of the appeal was distributed to Council. The Mayor declared the public hearing open. The City Clerk announced communications received and distributed to Council from Chuck Nelson, Amigos de Bolsa Chica President, dated April 29, 1994 in support of the Linear Park and Robert Winchell, President of the Huntington Beach Tomorrow Board of Directors, dated April 30, 1994 in support of the Linear Park. Marcia Hanscom, Seacliff resident, spoke in opposition to the destruction of the fresh water wetland ravine. She stated that run-off from the golf course could prove deadly to the wildlife. She urged Council to deny the permit and preserve the entire seventeen hundred acres of the Bolsa Chica as a biodiversity and wildlife park. Barbara Lichman, attorney representing the Seacliff Estates Coalition, spoke in support of Resolution No. 6594, the current parking plan, and deed restrictions on the property to insure the park will remain as approved. Page 11 -Council/Agency Minutes -05/02/94 Robert Williams, Bruce Monroe, and Rudy Vietmeier, Sierra Club- Preserve Bolsa Chica Task Force representatives, spoke in support of preserving the Bolsa Chica as open space and a wilderness park with native animals and vegetation, a buffer zone between the Bolsa Chica wetland.to protect wildlife habitat, and in opposition to fragmentation of the wetlands and destruction of natural habitat. Phil Smith spoke in support of the Linear Park as a self sustaining habitat for native birds and urged Council to approve the project. Dr. Buck Marrs, Seacliff Estates Coalition representative, spoke in support of the Council Committee meeting with homeowners, keeping the park passive, and elimination of proposed parking lot. He distributed a communication to Council. Eileen Murphy spoke in support of the proposed wilderness park. She spoke in opposition to turf grass, the proposed parking lot and the filling of the ravine and in support of a foot bridge. Al De Lorm, Seacliff on the Greens representative, spoke in support of Resolution No. 6592 regarding the Linear Park. He thanked Councilmembers Moulton-Patterson, Bauer and Leipzig for taking the time to meet with the residents and listen to the needs and wants of the community. Flossie Horgan, and Jan Vandersloot, M. D., Bolsa Chica Land Trust representatives, spoke in support of treating the Linear Park and Bolsa Chica is one ecosystem, a bridge over ravine could be more economical than grading and filling, deletion of.turf grass from the plan, a wooden rail around bluff for safety purposes, deed restrictions to keep plan for park the same, need for a new Environmental Impact Report, Measure "C" Charter Amendment jurisdiction possibility, and in opposition to the extension of the pipe and filling of ravine. Mr. Vandersloot distributed .photographs of the park to Council. Tom Liven-good and Chuck Nelson, Amigos de Bolsa Chica representatives, spoke in support of Resolution No. 6592, an environmental evaluation of the ravine prior to filling, maintain as a natural park, minimum of land contours, limit negative impact on surrounding residents, and that the county will be operating and maintaining the park. Barbara Marrs, Seacliff resident, thanked Bob Anderson for meeting with the Council Committee and citizens. She spoke in support of preservation of the area as part of the Bolsa Chica, leaving a legacy to future generations, protecting the unique ecosystem, placing deed restrictions on the property upon transfer to the county in order that not one part of the park will be covered with asphalt. Vern Hall spoke in opposition to the intrusion into a delicate ecosystem and urged Council not to allow that to happen. Juana Mueller spoke in opposition to the use of turf grass in the park and the proposed parking lot and in support of the preservation of the arroyo and archaeological site. Terry Dolton, Citizen Advisory Committee, spoke in support of the proposed park plan, acquiring more land to expand the park, public input into the development of the park and urged Council to approve Phase 1A of the Bolsa Chica Regional Park. Page 12-.Council/Agency Minutes - 65/02/94 Joyce Riddell, Chamber of Commerce representative, spoke in support of Phase 1A of the Bolsa Chica Regional Park and urged Council adoption of Resolution No. 6592. She stated a communication to had been distributed Council. Don Guillaume, Seacliff on the Greens representative, spoke in support of development of the park, parking on Seapoint Avenue for special events, raising the headwall on the drain pipe and covering that end for safety purposes. He spoke in opposition to the use of turf grass. There being no one further present to speak on the matter and there being no further protests filed either oral or written, the hearing was closed by the Mayor. Discussion was held by Council and staff regarding parking on Seapoint Avenue, native vegetation to replace turf grass, extensive citizen input on design of the park, proposed compromise plan, biodiversity park, elimination of parking lot, limited funding, preserve ravine, minimize grading and the Council action on this park sends the message to state and federal agencies of the kind of park the citizens will support. Councilmember Winchell requested additional wording be added to Resolution No. 6592, Page four, Section A, Number seven, relating to security lighting to be installed in the proposed park as follows: "Every attempt shall be made to mitigate any negative impact on adjacent landowners." Councilmember Winchell requested an amendment to Resolution No. 6592 to state the intent to preserve the natural topography and do a minimal of grading. Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department suggested the addition of a new Condition No. One to Resolution No. 6592, Page 3, Section A, Number two to state as follows: "The development of the park shall minimize grading and land form alteration." Councilmember Winchell requested clarification of wording of Resolution No. 6592, Page three, Section A, Number one, in order to preserve the ravine. Councilmember Winchell requested additional wording be added to Resolution No. 6592, Page three, Section A, Number two, as follows: "Obtain approval of the City Council after review by the Director of Community Development." Councilmember Sullivan requested additional wording be added to Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage is necessary to provide adequate trail separation but not beyond the end of the existing drain pipe. No grading of the ravine beyond this end of the existing drain pipe should take place." Councilmember Sullivan requested additional wording be added to Resolution No. 6592 as follows: "Any deviation from the jointly agreed plan will result in the park reverting back to the City of Huntington Beach." Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, spoke in opposition to a bridge over the ravine. He stated that his staff will look at ways in which to reduce the amount of fill in the ravine and address concerns of safety, trail separation and architectural resources. He stated he would work with staff on the proposed deed restriction. Page 13 - Council/Agency Minutes -05/02/94 Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 A motion was made by Leipzig, seconded by Bauer, to approve Conditional Use Permit No. 94-3 .and Coastal Development Permit No. 93-28 with the modifications that have been proposed by Councilmember wnchell to Resolution No. 6592 to create a new Condition No. One regarding grading and land form alteration, a modification to the current Condition No. One,.which would become Condition No. 2, in regards to the City Council having review of the plans prior to the commencement of the grading in or near the ravine and regarding security lighting that every attempt shall be made to mitigate any negative impact on adjacent landowners. Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592-No Grading of Ravine Beyond End of Existing Drain Pipe - Motion Died for Lack of a Second An amendment to the motion to approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and modifications to Resolution No. 6592 was made by Sullivan to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage is necessary to provide adequate trail separation but not beyond the end of the existing drain pipe. No grading of the ravine beyond this end of the existing drain pipe should take place." The motion DIED for lack of a second. Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 - Filling of Ravine - Motion Died for Lack of Second An amendment to the motion was made by Leipzig to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "If some filling of the drainage ravine is necessary to eliminate potential safety hazards to park users and to provide adequate trail separation then the ravine will be filled and modified to the minimum extent necessary and will be fully mitigated by the creation of the enhancement area." The motion DIED for lack of a second. Request Amendment of Conditions Only The Community Development Director requested that the amendments be made to the conditions of approval and not to the findings. Page 14-Council/Agency Minutes - 05/02/94 Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592-Filling of Ravine - Motion Died for Lack of Second An amendment to the motion was made by Leipzig to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage ravine may be necessary to eliminate potential safety hazards to park users and to provide adequate trail separation, and the filling and modification of the ravine will be adequately mitigate by the creation of an approximately .5 acre wetland enhancement area at the mouth of the ravine." The motion DIED for lack of a second. Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592- Filling of Ravine An amendment to the motion to approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 was made by Leipzig, accepted by Bauer, to amend Resolution No. 6592, Page three, Section A, Number two as follows: "Prior to the commencement of any grading in or near the ravine, the County shall submit and obtain approval from the City's Director of Community Development and the State Department of Fish and Game a plan showing an extension of existing drainage structure to the minimum extent necessary but in no event further than 190 lineal feet from the existing location, with a lesser extension if feasible to provide adequately for tail continuity and safety for park users, together with detailed plans for drainage, new and relocated willow plantings and other vegetation to create an expanded and enhanced riparian/wetland habitat area within the modified ravine." Amendment to Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 -Amendment to Findings An amendment to the motion to approve Conditional Use Permit No. 94-3, Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 was made by Leipzig, accepted by Bauer, to amend Resolution No. 6592, Page six, Section B, Number eight as follows: "Some filling of the drainage ravine may be necessary..." Amended Motion to Approve Conditional Use Permit No. 94-3. Coastal Development Permit No. 93-28, and Modifications to Resolution No. 6592 -Approved The original motion made by Leipzig, seconded by Bauer, to approve Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 with the modifications that have been proposed by Councilmember Winchell to Resolution No. 6592 to create a new Condition No. One regarding grading and land form alteration, a modification to the current Condition No. One, which would become Condition No. 2, in regards to the City Council having review of the plans prior to the commencement of the grading in or near the ravine and regarding security lighting that every attempt shall be made to mitigate any negative impact on adjacent landowners and amendments to Resolution No. 6592, Page three, Section A, Number two"structure to the minimum extent necessary but in no event further than 190 lineal feet" and Page six, Section B, Number eight "Some filling of the drainage ravine may be necessary..." Page 15 -Council/Agency Minutes -05/02/94 Conditions of Approval for Coastal Development Permit No 93-28 and Conditional Use Permit No. 94-3 A. 1. The development of the park shall minimize grading and land form alteration. 2. Prior to the commencement of any grading in or near the ravine, the County shall submit and obtain approval of the City Council after review by the City's Director of Community Development and the State Department of Fish and Game of a plan showing an extension of existing drainage structure to the minimum extent necessary but in no event further than 190 lineal feet from the existing location, with a lesser extension if feasible to provide adequately for trial continuity and safety for park users, together with detailed plans for drainage, new and relocated willow plantings and other vegetation to create an expanded and enhanced riparian/wetland habitat area with the modified ravine. 3. Prior to the initiation of grading activities, the County shall contact the Department of Fish and Game to ensure that activities will avoid disturbances during the nesting period of any affected bird species. 4. The plant material indicated in the permit applications shall be modified to provide for native vegetation for enhanced wildlife habitat purposes to replace the proposed turf grass and other non-native vegetation in Phase 1A. 5. The County shall amend the proposed plant palette for Phase 1A, received and dated December 6, 1993, to replace any native problem plant species identified in the Park, Tree and Landscape memo dated December 30, 1993 with more appropriate native plant materials also identified therein. 6. A parking lot as proposed in the permit applications to be located within the Phase 1A area shall be deleted in favor of a parking lot located in conjunction with the proposed interpretive center, adjacent easterly of the Phase 1A boundaries, and it shall be designed and constructed as a Phase 1 BC project as soon as practicable, but no later than January 1, 1996. 7. Only such security lighting as is determined necessary for public safety purposes by City's Chief of Police shall be installed in the proposed park and every attempt shall be made to mitigate any negative impact on adjacent landowners. 8. Reclaimed water shall be used for irrigation when available from a pipe extended seaward from Graveled Avenue by the City. 9. County shall consider and, if determined feasible, implement a volunteer assisted planting program. 10. The applicant shall comply with all applicable mitigation measures identified in Final Environmental Impact Report No. 521 for the Bolsa Chica Regional Park. 11. Any expansion or alteration of the Phase 1A development area or development components, other than addressed in this application, shall be subject to approval of a new Conditional Use Permit by the Planning Commission. Page 16 -Council/Agency Minutes -05/02/94 12. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall not become effective for any purpose until the Coastal Commission appeal period has closed and an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Division. 13. Conditional Use Permit No. 94-3 and Coastal Development Permit No. 93-28 shall become null and void unless exercised within one (1) year of the close of the Coastal Commission appeal period, or such extension of time as may be granted by the Planning Commission, pursuant to a written request submitted (with the appropriate processing fee in effect at the time) to the Planning Department a minimum thirty days prior to the expiration date. Findings for Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3 B. 1. The proposed design for Phase 1A as revised conforms with the wildlife habitat protection, public access and public recreation policies of the California Coastal Act. 2. The proposed design for Phase 1A as revised is consistent with the plan's policies, requirements and standards of the City's Local Coastal Program. 3. The proposed design for Phase 1A as,revised is consistent with the CZ suffix designation and the base zoning district and other applicable provisions of the Huntington Beach Zoning Code. 4. The proposed design for Phase 1A as revised properly integrates the proposed park uses in a manner sensitive to the surrounding residential properties. 5.. The proposed design for Phase 1A as revised included temporary on-street parking to serve Phase 1A visitors until permanent parking space on-site can be constructed as Phase 1 BC of the Park. 6. The combination and relationship of proposed uses to each other in the Plan as revised are properly integrated. 7. The pedestrian and bicycle trail system will provide additional access opportunities in the Bolsa Chica area, while perimeter fencing will discourage human access into environmentally sensitive area and minimize disturbances to wildlife. 8. Some filling of the drainage ravine may be necessary to eliminate potential safety hazards to park users and to provide adequate trail separation, and the filling and modification of the ravine will be adequately mitigated by the creation of an approximately .5 acre wetland enhancement area at the mouth of the ravine. 9. The vista overlook will provide additional visual access opportunities to the Bolsa Chica lowlands, while minimizing potential intrusions to wildlife habitat. Page 17 -Council/Agency Minutes -05/02/94 10. The location, site layout and design of Phase 1A as revised properly adapts the proposed use to existing streets, driveways and other adjacent structures and uses in a harmonious manner by maintaining existing circulation patterns and preserving view opportunities for residents on the opposite side of Seapoint Avenue. 11. The proposed design for Phase 1A as revised does not include any habitable structure and will not require any infrastructure improvement to serve development and operation of this phase of park development. The motion carried by the following roll call vote: AYES: Bauer, Moulton-Patterson, Winchell, Leipzig NOES: Silva, Robitaille, Sullivan ABSENT: None Motions begin on page thirteen (13). Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, stated that some of park is beyond the boundaries of the city and the Board of Supervisors will have to approve a formal amendment to the plan for the entire park. He stated that he is commited and that it is their objective and intention to take the plan back_ to the Board of Supervisors to amend the plan to remove the turf grass and replace with native vegetation unless during the processing .through the county and the city there is some desire somewhere in the park for something else. Deed Restrictions - Motion Died for Lack of Second A motion was made by Leipzig to direct staff to develop deed restrictions for the parcels to be dedicated to the county from the city in this Linear Park to incorporate the use of native vegetation exclusively in the landscaping. The motion DIED for lack of second. Staff Directed to Prepare Deed Restrictions A motion was made by Leipzig, seconded by Winchell, to direct staff to develop deed restrictions .for the parcels that the city will be dedicating to the county for Linear Park. The motion carried by the following roll call vote: AYES: Bauer, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None (City Council) PUBLIC HEARING -APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 93-16 -COASTAL DEVELOPMENT PERMIT NO. 93-9A AND DENIAL OF CONDITIONAL EXCEPTION NO. 93-21 - PROPOSED RESTAURANT AT 119 MAIN STREET-APPEAL DENIED (420.40) The Mayor announced that this was that this was the day and hour set for a public hearing to consider the following: ATTACHMENT 4 QUEST FOR CITY COUNCIL ACTION CITY Cs_ER1� CITY OF NUNTINCTQN REACH.CALIF. June 20, 1994 . Date JUN 10 8 ze Ah 19q Submitted to: Honorable Mayor and City Council . Submitted by: Michael T. Uberuaga, City Administr o Prepared by: _ Robert J.Franz,Deputy City Administra ROVED BY CIT COUNCIL Subject:' _ Linear Park Property and Water Interests Transfer eed(s) 19� Consistent with Council Policy [?<] Yes [ J New Policy or E c x Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Action,Attachments • u STATEMENT OF ISSUE: The City, in conformance with the Holly-SeacliffDevelopment Agreement#90-1, has been accepting certain approved parcels of land for the future County of Orange Linear Park, located along the Bolsa Chica Bluff. The County is now prepared to accept certain of the parcels from the City as per City/County Transfer Agreement, dated November 27, 1979. Prior to the City transferring park parcels to the County water rights must be quitclaimed, to avoid City/County liability for potential hazardous material in the ground water, back to the Huntington Beach Company and Pacific Coast Homes. RECOMMENDED ACTION: 1. Approve the transfers by quitclaim deed of water rights to Huntington Beach Company on parcels already transferred to the City. (TWo. Quitclaim Deeds)• 2. �grnotvvhed)ransfer by deed of certain parcels to Orange County as per referenced agreement.(Corporation 3. Authorize Mayor and,City Clerk's execution of the attached transfer deeds. ANALYSIS: The County of Orange has been planning the proposed Linear Park, located on the Bolsa Chica Bluff, partially within the City of Huntington Beach and partly within county area. Seacliff Partners are now deeding various parcels to the City as partial satisfaction of"Condition of Development'in a sequential manner over a period of time. The County is now prepared to proceed with the acceptance of certain of the parcels the City has acquired for the future Linear Park located generally on the bluff, southeast of the Bolsa Chica lowlands. The concern that there may possibly be potential hazardous material in the groundwater requires that water interests be returned to the Grantors prior to the City transferring these parcels to the.County. -�" , f REQUEST.FOR COUNCIL ACTION LINEAR PARK PROPERTY General Plan Conformance for the project was approved November 4, 1992. ENVIRONMENTAL STATUS: -.- Satisfactory as to City Fire and County requirements. FUNDING SOURCE: None ALTERNATIVE ACTION: Keep the parcels and develop the park at City expense. ATTACHMENTS: Overview Map showing Linear Park Quitclaim Deeds-Water Rights From the City of Huntington Beach to the Huntington Beach Company -Parcels#101, 102 and 104, aka AP#110-230-07&AP#110-230-13 (a portion) From the City of Huntington Beach to the Huntington Beach Company -AP#110-015-76&78 Grant Deeds From the City of Huntington Beach to the County of Orange Parcels#101, 102 and 104 aka AP#110-230-07 and AP#110-230-13 (a portion rca/rf/6/01/94 SOLSA CHICA LINEAR PARK - _ STATUS OF LAND DEDICATIONS BY SEACUFF PARTNERS FIRE � PARCEL DATE DATE - DEPT. 3 NUMBER ACRES' REQUIRED OFFERED APPROVAL t` 7A 5.16 2/5J91 3Jsml 11/24/92 r--.�•Z 2: 7.72 6/30/91 6128/91 11/24/92 ti• •t.fi.`•t:a? !f r•1' .♦•-. _ ' •� 1 11'h 6 67 12/31/91 12/20/91 11/25/92 \�, • � ,,� r 4 7 43 6130/92 WM/92 •1 e f .5_ 7.68 12/31/92 12/15/92 •,), :.; r+ E 6' 3.60 12/31/94 M. OR _ 1 •4 IPI ,•��� ••: ' ! ♦ � • ramr• •I t •' •� t•r . 4.r •♦ .•� • \ t WALL EXHIBIT C •,'.;.`"•t ''• . . �1%'�'� vim`� o,,► .. t t • = - HOLLY-SEACLIFF . r . \ ; ••t• LINEAR PARK DEDICATION 11/5/90 ATTACHMENT 5 %. ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO &on "amard, d City Council FROM: a dputy City Administrator DATE: July 25, 1994 SUBJECT: DEED TRANSFER OF BOLSA CHICA LINEAR PARK PARCEL 101, 102, & 104 It has been brought to the attention of City Administration that the most recent grant deeds which transfer parcels of land from the City of Huntington Beach to the County of Orange, for inclusion into the Bolsa Chica Linear Park, may be flawed. At the May 2, 1994, City Council meeting, direction was given to staff to prepare language for a deed restriction which would limit the type of landscaping, included on the parcels of land to be transferred to native vegetation. Following the City Council action, a Request for Legal Services was submitted to the City Attorney's Office on May 13, 1994,by the Department of Community Development. The City Attorney's Office is currently developing the deed restriction language. City staff.will bring the issue before the City Council for consideration at their August 15, 1994, City Council meeting. Apparently;the city's Property Manager was not made aware of the May 2, 1994, City Council direction to staff to prepare deed restriction language for City Council consideration. The Property Manager continued to push forward with the property transfer. A Request for City Council Action(RCA)was placed on the June 21, 1994, City Council meeting, as agenda item E- 6, recommending that the grant deeds pertaining to the parcels in question be authorized for transfer to the County of Orange for recordation. The City Council approved the recommendation and authorized the staff to transmit to the County the Corporation Grant Deeds for the subject Linear Park parcels. The result of this action was to have the Property Manager continue to work on the transfer of the grant deeds to the County. The grant deeds were transmitted to the County on June 30, 1994, and were recorded July 7, 1994. Obviously there was a lack of communication between the city staff regarding the question of the deed restriction. The City Attorney's Office is currently looking into this matter and has indicated that there is a provision in the law that could allow reform of the grant deeds if prepared and sent to the County in error. The City Attorney's Office is researching this issue and will be prepared to address it at the August 15, 1994, City Council meeting when the City Council considers the proposed language for the deed restriction. If the City Council decided it does not wish to include a deed restriction, then everything remains as it is currently. If the City Council decides to have included n Bolsa Chica Linear Park July 15, 1994 Page-2- on the grant deeds, deed restriction language, then the City Attorney will need to pursue this with the County in an attempt to have the current grant deeds modified. In the meantime, Bob Fisher, Director of the Orange County Harbors, Beaches, and Parks Department has been notified of the problem. He has requested a copy of the language of the proposed deed restriction so he may have it reviewed by County Counsel. RB:paj xc: Michael T. Uberuaga, City Administrator Gail Hutton, City Attorney Robert Franz, Director of Administrative Services Melanie Fallon, Director of Community Development Julie Osugi. Assistant Planner Dan Brennan, Real Property Manager Paul D Alessandro, Deputy City Attorney Attachments 08/14/94 22:25 PROGRAM PLFi14141NG 4 93741540 NO.102 P002 MICDIRE T R,EMA DIRECTOR,EMA 4 U M-rY a F ROBERT 0.FISHER DIRECTOR OF HARBORS,BEACHES 8,PARKS 2 1 LOCATION: 5 3 FtAN�M 300 N.FLOWER ST. FOURTH FLOOR SANTA ANA,CALIFORNIA MAILING ADDRESS: ENVIRONMENTAL MANAGEMENT AGENCY P.O.BOX 4048 HARBORS,BEACHES AND PARKS SANTA ANA,CA 92702.4048 File: BC-Acq. TELEPHONE: August 11, 1994 (714)834-6667 FAX 834-4744 Melanie Fallon, Director Community Development City of Huntington Beach 2000 Main Street, City Hall Huntington Beach, California 92648 SUBJECT: Proposed Deed Restrictlons on Existing and Future Parcels Conveyed to County of orange for Bolsa Chica Regional Park Dear Ms. Fallon: This letter is in response to an August 3, 1994 FAX transmittal from Julie Osugi of your staff, inquiring whether the County is amenable to modifying existing and future deeds for parcels within subject regional park to restrict landscaping to native species. In the opinion of County Counsel and our Real :state staff, matters of grading and landscape requirements are not appropriate as deed restrictions. Rather, concerns of this nature are appropriately addressed within the public hearing planning process and the resulting approval of plans. In short, restrictions o! this type desired by the City are best exercised through its Coastal Development Permit jurisdiction. (Please rote, however, that we readily agreed to deed restrictions committing the property to park and open space purposes for 50 years) In furtherance of the objective to establish Solsa Chica Regional Park as a passive, wildlife habitat enhancing area, we will request that the Board of Supervisors officially re-classify the park as a "Natural Regional Park" in the next regularly-scheduled update of the County's Master Plan of Regional Recreation Facilities. The General Development Plan for the park is also being amended to feature the landscape pallet of Southern California native plants, and an opportunity to approve such proposed modification can be scheduled before your City Council within 60/90 days. It is hoped this will satisfy the City Council's expectations in this matter. If you feel it would be helpful for me to address the City Council, I would be happy to do so. In the meantime, should you have any questions, please telephone me. Very truly yours t Robert G. Fisher, Director Harbors, Beaches and Parks / RGF/EJ/HEH:dme 4081110251373 Marcia Hanscom 19276 TorreyPines Circle Huntington Beach,CA 92648 (714)374-4825 fax:(714)374-4325 August 5, 1994 The Honorable Harriett Wieder RECEIVED FROM , `�3 AND MADE A PART OF THE R ORD AT ' Supervisor THE COUNCIL MEETING OF -/ -r7 - County of Orange OFFICE OF THE CITY CLERK 10 Civic Center Plaza CONNIE BROOKWAY,CITY CLERK Santa Ana,CA 92701 Dear Supervisor Wieder: Thank you for taking the time to meet with representatives from the environmental community and residents in Huntington Beach who are concerned about the proposed regions: park's impact on the Bolsa Chica ecosystem. We sincerely appreciate the spirit in,which you held the meeting, as well as the attendance.by your employee, Denny Turner,of the subsequent meeting we held at the park site the next week Unfortunately;,several circumstances that have occurred since this meeting lead-me to,write.to express my extreme disappointment in the unprofessional and questionable manner in which public officials who work for the County conduct their work (specifically, Mr..Robert.Fisher and Mr. Denny Turner.) At that park site meeting, Mr. Turner and two of his colleagues agreed;to.several conditions-we _ requested be incorporated into the.initial portion'of the park. As we looked at the non-native. and native plants existing on the site, they agreed that both chemical weed killers, as well as heavy equipment.(bulldozers, etc.) would not be.able to distinguish between.the natives and non-natives -and that, therefore, the most effective way to restore this area would be by volunteers, by hand. Representatives from groups attending the meeting (SeaCliff Coalition, Sierra Club, BoW Chica Land Trust, Surfrider Foundation, Huntington Beach Tomorrow) all agreed to help with the volunteer work Attached:is a letter we wrote,to.the Coastal Commission, as a result of this meeting wit1K your staff._ Just prior to our testimony in front of the Coastal Commission, Mr. Turner agreed that.he - would support the conditions.we listed in this letter, and we agreed to support the approval of the park beginning to move forward. He agreed to this while in the company of at least six people, including the representative for Sierra Club's Coastal Campaign, Mark Massara.• Mr. Massara is an attorney, and he carefully.made certain that Mr. Turner agreed to all of the conditions. There were a couple of conditions that Mr. Turner said he would like to change the wording on,and Mr. Massara agreed. Much.to,our surprise, after we all testified AND supported the County's application, Mr. Robert Fisher told the Coastal Commission that he didn't see the need for the conditions to be part of the permit approval. It seems that once they got what they wanted (our support,) they decided they didn't have to keep their side of the agreement. continued on reverse to conserve paper... The Honorable Harriett Wieder Supervisor, County of Orange August 5, 1994 We,questioned Mr. Turner outside afterwards, and when we suggested that this was NOT what' he told us prior to the hearing, he said, "Give me another chance,Marcia. We did not see the need for those conditions to be part of the permit." Well, the other chance has been given. Mr. Turner "gave his word" that he would revise the conditions to his liking and fax them.to Ms. Connie Boardman, Mr. Mark Massara and me within.two weeks. .It has been well over three weeks now, and, no fax. I am outraged at the lack of integrity and honesty that,our County employees have demon-, strated to date. When this issue was voted down by the C.ity's Planning Commission, I now understand why one of the commissioners said, "We should'not give this land to the County, because no matter what they say now, they'll just do anything they want once they get it!". By way of copying this letter to Huntington Beach City Council Representatives and Coastal Commissioners, I am asking that all of our elected officials remain skeptical of any promises the County of Orange might make in regards to the $olsa Chica ecosystem. Supervisor Wieder, I am disappointed, as I had the impression.after our meeting with you, that you were sincere about our concerns being addressed. Sincerely, Ma cia Hanscom cc: Huntington Beach City Council & Mayor ' California Coastal Commissioners Orange County Supervisors Mr. Bob Fisher Mr. Denny Turner 1VIr. Bruce Henderson,Army Corps of Engineers Mr. Fred Worthley,CA Dept. of Fish&Game Mr.Troy Kelley,CA Dept. of Fish&Game Mr.jack Fancher, U.S. Dept. of the Interior/Fish &Wildlife Service Ms. Harriet Hill, U.S. Environmental Protection Agency Mr. Mark Massara;Sierra Club California Sierra Club,Surfrider Foundation,Bolsa Chica Land Trust,Amigos de Bolsa C Kica, SeaCliff Coalition, Huntington Beach Tomorrow,Audubon Society, NRDC- ; SierraX10b Z - Preserve Boise Chica Task:Force 1077 Pacific Coast>iw y CLUB s\may. 'r/we Seal Beach, CA 90740 July 12, 1994. California Coastal Commission hand-delivered via staff- 7/12/94 45 Fremont Street, Suite 2000 San Francisco,CA 94105-2219 Dear Coastal Commissioners: We appreciate the opportunity to communicate our concerns-to you regarding the Bolsa Chica Linear Park application submitted to you by the County of Orange. This application affects a. portion of the 1,700 acres of Bolsa Chica wetlands and surrounding ecosystem we are committed to preserving as a biodiversity sanctuary and wilderness park. We also appreciate your upholding your responsibilities as commissioners by enforcing the California Coastal Act, and filing your own appeal to this permit application (appeal no:'A-5-HNB- 94-117.) We know the importance of preserving every bit of the remaining 9% of wetlands we have left in California,particularly when that wetland is part of the largest unprotected coastal wetland south of San Francisco. Therefore, your upholding the Coastal Act, as it relates to filling of the wetlands.described in this application, is critical.: We support the law that requires the applicant to pursue a least damaging practicable alternative, . such as building trails around or over(a bridge)the wetland,as opposed to filling it BEFORE any sort of mitigation effort is supported. We believe there"ARE alternatives to filling this fresh water wetland,while still being able to enhance and restore the adjacent:wetlands. We are.aiso extremely concerned about the rights of Native Americans and believe that the archaeological sites on the Huntington Mesa deserve further scrutiny prior to issuing of permits affecting those sites. We-met with County staff members Denny Turner, Scott Thomas and Gerhard Bombe on Friday, _ July 8,1994 at the park site to discuss their de ncmc7request to permit only a 3.3 acre site that does not include filling of any wetland or impacting any archaeological site. At this meeting, County staff gave us several verbal assurances and.commitments that, if followed_through, would allow us to support approval of this de nvvt2 request. In order to protect.the Bolsa Chica wetlands and the ecosystem that supports a healthy wetlands environment, we respectfully request that the Commission add the following conditions that must be met in order for the permit to be valid: 1. Non-native vegetation removal, earth moving and native planting will be done entirely by- volunteers by hand, so as to affect minimum_disturbance on the wildlife and existing native plant life that is part_of the Bolsa Chita ecosystem. Sierra Club, Bolsa Chica. Land Trust, Surfrider Foundation, Huntington Beach Tomorrow_ and SeaCliff homeowners will participate as-volunteers in this program. continued an reverse to conserve paper.., . 1 F 2. The County of Orange will hire a volunteer coordinator to recruit'and coordinate the volunteer efforts needed for this effort. Bolsa Chita Land Trust, Surhider Foundation and the County of Orange will explore possible grant opportunities that might enhance the dollars available for.this program. This cost will be far less than the cost of bulldozers and chemical weed abatement programs needed if the project were not to be worked on by volunteers. 3. The County of Orange will secure the services - either volunteer or consulting- of Dr.Joy Zedler, one of the country's top wetlands restoration experts, who serves on the Sierra CluVs Blue Ribbon Scientific Panel, to review the bluff-top restoration program, in order to insure maintaining the integrity of the Bolsa Chica ecosystem. If Dr.Zedler is not available,a wetlands restoration expert approved by the signers of this document will review the plan. 4. Only a low-impact pedestrian trail,made of crushed granite, will be installed as part of this 3.3 acre site. This trail will be built with a minimum of disturbance"to wildlife and native plants. 5. Consistent with the mitigation measures contained,wit'u , the Linear Park EIR, complete a comprehensive survey of all.archaeological sites on the Huntington Mesa before any work is done on this part of the park project. 6. Install ranch-type fencing along the eastern border of the park, as well as the areas outlined in the de nave'request. The purpose of this fencing is to deter developers of adjacent housing' developments from destroying habitat by running.bulldozers and other heavy equipment through the park area(currently a common practice.) Thank you for your consideration of this request. If-it is granted, we will wholeheartedly support that this de nowrequest be granted. Sincerely, Co-Appellants: Bruce Monroe, Rudy Vietmeier, Management Team Sierra ub Preserve Bolsa Chica Task Force Marcia Hanscom resident ' Bob Winchell, President Huntington Beach Tomorrow supporters of appeal: Cr�Y� Connie Boardman, President Dr. Gordon LaBedz, Environmental Issues Team Bolsa Chica Land Trust Surfrider Foundation Buck& Barbara Marrs SeaCliff Coalition J FtooE CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Councilmembers FROM: Connie Brockway, City Clerk SUBJECT: LATE COMMUNICATION REGARDING AGENDA ITEMS-2/22/94 CITY COUNCIL/REDEVELOPMENT AGENCY MEETING DATE: August 12, 1994 Attached is material regarding the agenda: STUDY SESSION -Request for EMERGENCY ACTION from Huntington Beach Tomorrow pertaining.to the Bolsa Chica Environmental Impact Report j STUDY SESSION -Communication from Harriett Wieder, Orange County Supervisor, dated 8/10/94 pertaining the Bolsa Chica Environmental Impact Report D-2b. RCA-Supplemental Action on Negative Declaration No. 91-32/Code Amendment No. 91-10 Re: Recreational Vehicle and Boat Parking and Ham Radio Antennae (inadvertently omitted from Agenda packet). H-2(1) Communication from Ralph Bauer pertaining to items discussed at Inaugural Meeting of +t.0 F� 8/4/94 -Additional Proposals Public Comments Petition listing approximately 45 signatures of persons requesting maintenance for Softwind Drive D-1. Communication from Jeff Bergsma,Team Construction, requesting continuation of appeal of Conditional Use Permit No. 91-57(303 Third Street)until September 19, 1994 Council meeting a- i ' (CD-2b) Communications from 14 persons in opposition to code changes affecting Recreational Vehicle and Boat Parking D-2b Petition submitted by Jean Polkow listing approximately 330 signatures of persons opposed to code changes affecting Recreational Vehicle and Boat Parking. D-2b. Communication from Robert and Fern Dittmer opposed to code changes affecting Recreational Vehicle and Boat Parking. I.Z D-3. Communication from Dianne Easterling dated 8/10/94 regarding CarUYiosk Ordinance qL s, E-13. Communication from Robert Winchell, Huntington Beach Tomorrow,pertaining to the Review of the Revised Bolsa Chica Environmental Impact Report y� AMI `'' `✓`^ F-3. Communication from Barbara Kaiser, Economic Development Director pertaining t Down Payment Assistance Program �-y�p L� 6•a- c LI- tom.- �, s , F _3 F-4. Communication from Robert Winchell,Huntington Beach Tomorrow, pertaining to the Deed Restriction on parcels transferred to County of Orange-Bolsa Chica Regional Park Phase IA F-4. Communication from Robert Fisher, Director Harbors, Beaches and Parks/Orange County pertaining to Proposed Deed Restrictions-Bolsa Chica Regional Park g:ccUtcmcags UC;I 14 .14 UU:lob K bKHHHM/H(:b 1bJ F'b5 Huntin n Bea,oh Morrow Bo:M Kuntington Beach CA 92649 August 11 , 1994 Huntington Beach City Council 2000 Main Street Huntington Beach , CA 92646 Honorable Mayor and City Council : Huntington Beach Tomorrow wishes request that the City Council take emergency action at its next meeting on August 15th to = 1 ) request that Orange County Environmental Management Agency (OCEMA) set the period for public comment to 90 days for the Bolsa Chica Environmental Impact Report (BCEIR) projected for release as early as next week. 2) in the event that the OCEMA will not set a 90-day review period for the BCEIR, request that Supervisor Harriet Wieder intercede to have such a period set . Since the August 15th meeting agenda has already been adopted and published, we realize that this will require a motion for emergency action as well as an affirmative. vote to adopt such an action on your part . We believe, as indicated below, that such emergency action is fully warranted and necessary to . set the process for time extension in motion as soon as possible . Currently available information indicates that the OCEMA intends to adopt 'a 45-day review period for the BCEIR . Our most recent information indicates that the Huntington Beach Community Services Department apparently intends to request a 60-day review period. While we applaud Community Services ' attempt to extend the review period , we do not believe that even 60-days is an adequate review period. The following are our primary reasons foY requesting the 90-day Period for review: 1 . What happens in the Bolsa Chica area , even though most of the area is presently unincorporated, will profoundly affect the quality of life in Huntington Beach forever . 2 . The current plan of the landowner/developer is to process the Project through the County . Because of the millions of dollars of associated present and future fee losses and the anticipation of continued demands on this city's already overloaded infrastructure and services , the protect currently preferred by the proponent has the potential of further severely degrading the quality of life of the residents in this city . BTU LJU 1 14 '14 16d:ab K U, aM/HC:t i b J F Ub • 3. At present , this EIR will provide the only foreseeable opportunity to comment on the whole project as an entity in an attempt to foresee , forestall and mitigate individual and interrelated effects and impacts of the preferred or alternate projects . 4 . City staff has indicated ( Item E-13, RCA-8/15/94 , CD94-65 on the August 15th , 1994 ) that they believe the revised EIR will essentially be a new EIR and will require a level of review similar to that which was required for the previous version . Mr . Paul Lanning , OCEMA has indicated (Huntington Beach Independent , August 11 , 1994 , page 1 ) that the project is a large and complex project and the whole purpose of the EIR is to solicit comments and sea if revisions need to be considered. In the same newspaper report on the forthcoming EIR ( Ibid . ), Koll Senior vice President Lucy Dunn has indicated• ( ibid. ) that for "something as large as the Bolsa Chica , y6u want to do it right" . All, of these comments together with the experience of members of Huntington Beach Tomorrow and many other citizens who reviewed the first version combine to indicate that a 90-day period for review is much more realistic than' the either a 45- or a 60-day period . Thank you for your consideration of our comments in this matter and your continued efforts on behalf of the quality of life and the citizens in this city . �/ • AE. Winchell For. the Board of Directors and Members Huntington Beach Tomorrow 2 Mill �j HARRZRTT M. WIEDER •� pl.;ytgVi>}pq, SECOND DISTRICT ORAN09 CCVNTY MALL or ADMINISTRATION y� 10 CIVIC CRttTCA PLAZA.F.0 BOX 687. SANTA ANA.CALWORS-A 011701-42907/_ f� 124ONE (7 A) 034•3gaD FAX (714) 634.4109- G z August 10, 1994 oc_.=+rrnn r. The Honorable Linda Moulton-Patterson - T Cl City Mayor t 2000 Main Street P.O. Box 190 Huntington peach, CA 92648 Dear Mayor Moulton-Patterson; The long-awalted response to the Environmental Impact Repp�ort (EIR) on the Bolsa Chlca- has now been completed. I know that you, as the Mayor of Huntington Beach, and the members of the clty.Counoll are vitally Interested in the future of this precious resource. For that reason, I would like to ask your help In scheduling a studY session prior to the council meefng on Monday. August 15, 1994. 1-have asked Tom Mathews, the County's Director of Planning, and appropriate county staff, to bq. prepared to fully brief the council on the Information contained In the documenU a Linda, I approprate your help in setting up the study session. The Bolsa Chica'ER C. -:'r" response will be released to the public late Monday aftemoon and I believe tha�►oua�nr and the council should have accurate, complete information on the dooumenteponten 11,E x M.97 Thank you for your leadership on this matter. i look forward to seeing you on lend'Ay. In the Interim, Sandra Ward, of my staff, is available to assist you, should you reed 1 anything additional from the County. Sincerely, v W HARRIETT M. WIEDE Supervisor, Second District HMW;swc 5e.SSIOW � 1S0% 5-7-14Y 006-A Y FGA•CYPA100.OARDBN 071"•WIN-NOTON BEACH•1.0111 ALAMITOS R004MOOR•RAV'A ANA.6?A�81ACH.VANTON•BUNSLY rLACN UC:1 14. '14 Uti:Ue K .UHHHHM-O HUL 1btl 110Y Huntin �13each omorrow Boa Bay Huntington Beach CA 92648 August 12 , 1994 Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92646 Honorable Mayor and City Council : Huntington Beach Tomorrow has reviewed the material, provided with the Request for Council Action a'nd wishes to make the following comments and requests concerning Item E-13, RCA-8/15/94-CD94-63, Appropriation of Funds and " Authorization t_Q Negotiate with Necessary CongUltants fqL Review pf &JA Revised Bolsa Chica Environmental Imeact Report . we fully support the staff recommendation and request that it be approved by the City Council at its meeting of August 15 , 1994 . Our reasons for making this request are as follows: I . What happens in the eolsa Chica area , even though most of the area is still unincorporated , will profoundly affect the quality of life in Huntington Beach forever . 2 . The current plan of the landowner/developer is to process the project through the County . Because of the millions of dollars of associated present and future fee losses and the anticipated continued demands on this city 's already overloaded infrastructure and services, the proponent 's currently preferred project has the potential of further severely degrading the . quality of life of the residents in this city . Compared to the dollar and potential quality of life losses , $75 ,000 for consultants to review the revised version of the EIR is small indeed . In fact , we believe that if the Council does not take steps to protect the city against these potential impacts , it will not have fulfilled its responsibility to the citizens in this regard . 3 . At present , this EIR will provide the only foreseeable opportunity to cornment on the preferred or alternate projects as entities in an attempt to foresee , forestall and mitigate individual and interrelated effects and impacts of these projects . 4 . City staff has indicated ( Item E-13 , RCA--8/15/94 , CD94-65 on the August 15th , 1994 agenda ) that they believe the revised EIR will essentially be a new EIR and will require a level of review similar to that which was required for the previous version . Mr . Paul Lanning , OCEMA , has indicated (Huntington .Beach Independent , 1 / Ul:l 14 '14 ut3:ue 1HHHWHLA-- 1by VOU August 11 , 1994 , page 1 ) that t-he project is a large and complex project and the whole purpose of the EIR is to solicit comments and see if revisions need to be considered. In the context of the same newspaper report on the forthcoming EIR ( Ibid . ) , Koll SenioY' vice President Lucy Dunn has indicated ( ibid. ) has indicated that for "something as large as the Bolsa Chica , you want to do it right" . The city staff has previously indicated that they do not have the in--house expertise to handle an EIR that all agree is highly technical and complex in its content and ramifications. Staff has not indicated that this situation has changed . Therefore , we need the continued expertise of outside consultants . In order for the city to deal with this this large, complex EIR and do it right , we believe the city needs to retain outside consultants to review this new version of the EIR . Thank you for your consideration of our comments in this matter and your continued efforts on behalf of the quality of life and the citizens in this city . Sincerely , Robert E . Winchell For the Board of Directors and Members Huntington Beach Tomorrow 2 HCITYP OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HMMNGTON BEACH TO:. Michael T. Uberuaga, City Administrator FROM: Barbara A: Kaiser, Director of Economic Develp ment `f 1 DATE: August 15,.1994 SUBJECT: DOWN PAYMENT ASSISTANCE PROGRAM ITEM F-3 CITY COUNCIL AGENDA For the past year, the Economic Development Department has been operating a housing down payment assistance.program for low and moderate income families. Due to various City Council approvals and changes in the program, there are now three different loan programs for down payment assistance and second trust deed mortgages. A fourth loan program will be added shortly with opening of the Bijan Sassounian project. The four loan programs are either City or Redevelopment Agency funded. A borrower may be eligible to participate in one or two loan programs depending upon their qualifications.and the location of their new home (for example, Brisas del Mar). For each loan, there are as many as six different loan documents. Typically these include the Loan Agreement, Deed of Trust, Rider to the Deed, Promissory Note, Disclosure Statement and Rescission Notices. A borrower participating in two loan programs may have as many as.12 different loan documents to execute. In addition to city staff, other parties involved in the transaction include the borrower, lender, escrow officer and County recorder. Since the process is complex and specific to each borrower, Economic Development staff has taken the lead in coordinating all documents and trying to simplify the process as much as possible. To undertake an audit of all documents before staff review would involve intensive staff time and may be a duplication of effort since staff would need to walk an auditor through the entire process, as applicable, for each borrower. As an alternative, I would recommend that a staff committee be formed with representatives of the City Clerk's office, the City Attorney's office and Economic Development to review each loan file and determine if inadequacies exist. Additional actions needed, including an audit, can be determined after the committee has completed their work. Any follow-up requirements may also be met by the escrow officer or lender's representative. BAK:dw xc: Mayor and City Council City Clerk , i Affordable Housing Program .i. , 14 -S.• Y i C { :• :: :. QK .F }i:i:F: 3.:...y+6i:F:ii�ii'f..i:}:itS•:-:::;:::F-ti}iSt::??OJ:t:::: X.N. }i:.......... r............ .....'is:^}r•:?.}n:v}}}�.;y::•}SS•Y......:.•.:::..r+::A.v.}.:'•:}}}i:t•: :}:x:{?f3:�i ..,::.v.:::}::::.w::�v+ /...::,:. F.3.}..3•. .:ti: v.:{:.}v.+H•:.3?.-:::AL.;v,..�.}::::tM:'F >:•:Y•:{+:»r•};::}::•:. <•'•?•ss.$,. ::t:..3:}r..;:r.i.:;:;?•;::3:.::::.:....... .......... ..t..r.... .......T r..... .t F..... ..t.... .....::.t...{..:. ....... ..... i�...1.+.r.. ..r:3:t.:;;.;;�.:`;t�`'•:::. ;;Y::::F:•sy .....:.Y......::.�::: .. .. ..: ..•......:.::....:.:.:.:.t•::::::•:?J`-:3i .:.;.,}. ., ... .r. ?Yr::...:•.,•::.,..r ,-- '-Fy:3 x:::`..;:;,;. :tr•: Y{< �:.{•.3.::F• .,+i,`.:::: ;?-FY.::•: ;L�.:r ...:a?•Y::•::::::::::: r..::._::+.:•:?::�::+-::�:.,.. .::t.:�t+::: .l>.{.. :. -:.tr....::Y�'•:}.;..... : .>c:+?�. .•d:.7.. }: � .�, ;..y.:i: Fri..{......4.?.:. 52t•?7:� ..Ywx??:.}:•;}:,_•.:,J. '.�.- ,;{ }..., .:::........... � .�:F;iC'v?�FFiF:,:?:•:-J:•}??:.:}:y:}.YYYt�.•'••v�•:3R ...Y.. :}•t:- Fes::�•.. ......:..........:..COS. ........:...£.......... .r..t.. ..>.......::... ... .. ....:.....t..:::r...{. ::::Y.:. . . .. . . ....... �..��e�d. ...................v:...... ......$:...... .... .:...................................... .... ......::::•.... ...... ..:.x.....t3r.... ...:JJ:•::}p>}::}•.}i:•:+r::: 3}'J.-}:::3:+•Y}'?:?•ri+.}........... .vvS..,.. ............:. ................. nvv.{.x.n.v..v. �....v{\.:..t,r..... ...n..... ....v{ .... .�.i... ..�...nv:.+.-:.,::�;.}'f':Fii.......{..n.n..............r..•.v:.:::v.;.L::•.:::......r .:..n-.x::::::?x: :vv.-.::...;••H..........:......F:...... ..}}.+.+ r.3..:.. a}.............< ::;,.,t....... .........v..v.....F..,.r... Yfn .. .,......::4.::............ •� :•. ' ........ ................. r::v. .. ........v?:n�:K::v::.v.:..:::.:�::•:::.�.:,+. .........v...............v.rr:v:..F:w:;:• n:.v::::::::::::::..,.::xn b: ..}.•.�:::. ........ ........J...........::.::::. :•:............................ .................r.Y.............................{.......t........... .....>.............. :.rr........... {.:::}..v...fi:::::: 'v::::::>.:>•.v::.t:ii: Moderate-Income Buyer -LoW- Mod Income Buyer Low-Income Buyer Moderate-Income Buyer 5 Year Term is Due on Sale 30 Year Term 30 Year Term 0% Interest Rate 5% Interest Rate 5% Interest Rate 5% Interest Rate Max Loan $15,000 Max Loan $10,000 Max. Loan $32,000 Max. Loan $350000 No Mandatory Resale to NO Mandatory Resale to Mandatory Resale to No Mandatory Resale to Qualified Household Qualified Household Qualified Household Qualified Household First Time Buyer First Time Buyer First Time`Buyer First Time Buyer (3 Years Ownership).. -A3:Years Ownership) (3 Years Ownership). (3 Years Ownership) _ First Right of Refusal after Funds must be matched:. - -=Fidnds must be matched. 60 Day of Marketing (Selling to Non-Qualified Household) Forgiven after 5 years. Due on Sale Loan Assumable Loan Assumable Interest Due on Sale Interest Due on Sale ` I L Resale to Qualified Resale to Qualified Due on sale: Principal and Household: Loan Househc!-f: Loan Accrued Interest (if sales Assumable, No Repayment Assumable, No Repayment Resale to Qualified/Non- price increases 5%/yr, then of Principal or Equity, and if of Principal or Equity, and if Qualified: Allowed pay 5% accrued interest, if sales price increases 5%/yr, sales price increases 5%/yr, nqt,all accrued interest is then pay 5% accrued then pay 5% accrued ((� forgiven), interest, if not, all accrued interest, if not, all accrued interest is forgiven interest is forgiven No Mandatory Resale to .. No Mandatory Resale to Resale to Non-Qualified Qualified Household: No Qualified Household: No Mandatory Resale to Household: Repayment of Penalty Penalty Qualified Household Principal, Accrued Interest and Equity Share Default: Principal, Accrued Default: Principal, Accrued Default: Repay Principal - Default: Principal and Interest, and Equity Share Interest, and Equity Share Only due Accrued Interest Due (Declining Value) are due (Declining Value) are due '- U(.:1 14 114 IOW:1615 K L _`iHWH(;t iby Hui `t T±{x 1 xl Beac omorrow )k k 865 Xh'►iQWn BG=U CA 926ae August 11 , 1994 '.- Huntingto Beach City Council 2000 Main Street Huntington Beach , CA 92646 Honorable Mayor and City Council : Huntington Beach Tomorrow has reviewed the material provided and wishes to make the following comments and requests concerning Item E_4j RCA-8/15/94-CD94-§2, Deed Restriction P ,r_gels Transferred or tbg Bolsa Chica LIDear Park . The page numbers cited refer to the current referenced RCA dot.- numberedpages. Residents of Huntington Beach have seen the linear park shrink from so64thing on the order of 450 acres to approximately 107 . This park was meant to be both a regional park , which this city and this area if the supervisorial district has not had ; and a broad buffer for the eventual restoration of the Bolsa Chica.. As time has * progressed and as a result of action and inaction by previous City Councils and the County , the financial support and land area available for -this park have both shrunk . Development has so encroached on contemplated park land that. we are now left with a strip park . Because of these reductions and because of concerns of both the adjacent residents and the environmental community: concerning this park; it is critical that the city be involved, ` to the mai imum extent possible , in the process of park i development . i There remain significant differences of opinion between the county on the one hand and city residents and members of the environmental community on the other concerning the type of park and its development . The only apparent .way at this point that city , its residents and the environmental community can be assured that their wishes will be honored to any extent by the County is to place deed restrictions on the land the city has made available for inclusion in the park . Such a placement of deed restrictions was clearly the goal of the City Council on May 2 , 1994 and. Bob Fisher of OCEMA understood that intent (see the two items under his name on page .14 ) . Due to lapses in procedure and direction and despite subsequent comments land concerns from at least one citizen that deed restrictions had not been incorporated , the parcel grant deeds were trahsmit.ted to the County on June 30th and recorded on July 7th ( page .25 ) . UU 1 14 '14 OU:04 H UNHHHM/Hch The city attorney was requested on May 13th to provide and ha3 now provided ( August 2nd , page -.5) , subsequent to council action on and transfer of the deeds , an opinion (pages .5-.7) that the issue is somewhat clouded and that the city has two routes ( page ( 1 ) seek , through consultation with the County , agreement by the County to insert language regarding restrictions desired by the Council; or , absent agreement of the County , _ 2 ) take legal action to reform the deeds on precedents which have , supported such actions . It seems clear from the information supplied in the current RCA, a ) that the city meant to include deed restrictions , b ) that mistakes occurred in. - this process , . mistakes which include , unless it can be shown otherwise , a lack of consultation promised by the County , and c ) that the County was clearly aware , prior to acceptance and recording of the grant deeds, that these mistakes in the deeds had been made by the city as a consequence of not having including one or more intended deed restrictions . As necessary and in an attempt to see that the interests of this city and its residents are protected to the maximum degree now possible , we request that the city take , in the order set out and recommended by the city attorney, the two actions ( page .7 ) available to the city to attempt to include deed restrictions in the deeds involved . in addition to the comments and request above., a number of questions have arisen concerning the city's actions involved in transferring parcels associated with Phase 1A .df the Solsa Chica Regional Park to the County . That transfer without further consideration of deed restrictions requested by the City Council on May 2 , 1994 has now resulted in transfer and recording of the deeds . As a result , the ability of the city to exercise any control over the development of the linear park associated with Phase 1A or to address the very significant issues raised by citizens at the May 2nd meeting has been placed in jeopardy . The following are some of the more important questions associated with 'the city 's actions preceding the "tran._fer that need to answered , if this city is to set up procedures necessary to avoid making this and analogous ' serious mistakes in the future . We believe the residents of this city deserve answers to these questions . 1 . The City Council , by affirmative motion ( page .19 ) , specifically directed staff to develop deed restrictions for the parcels of Phase 1A to be dedicated to the county for the linear Park . Why did staff not return to Council before or on June 21 , 1994 with these deed restrictions , before the Council was asked on the 21st to approve transfer parcels to the County? Who is responsible for this lapse in procedure and appropriate 2 UG I 14 '14 IOU:1O4 K L;wHHHM/HC - lb`j F1015 'presentation to Council in this regard on June 21st? 2 . Considerable Council discussion of concerns about , and desired conditions on, the development and use permits took place on May 2nd (pages .12- .17 , especially paragraph 4 , page .14 ) . Some of these concerns and . -conditions were incorporated in modified Resolution 6592 , Conditional Use Permit 94-3 and Coastal Development Permit 93-28 ( current RCA , page .17-.18 ). ( a) Why did staff not understand and take the point of view that , if any of the conditions included in the modified resolution were to have the force of law and be enforceable in law thereby protecting the interests of the citizens in this city , these conditions needed to be incorporated as deed in the grant deed? ( b) The deed restriction motion ( page .19 ) was general and did not specify which of the Council conditions and concerns were to be incorporated in the deed grant . Also, a request to the city attorney for an opinion involving methods of implementing , and the ramifications associated with , deed restrictions on these parcels ( current RCA , page .9) was still outstanding on June 21st . Why did staff not seek further Council directive on the desired deed restrictions , inform the Council that the city attorney had not replied and, instead, continue to seek Council action to approve the grant deed on June 21st? ( c) The staff requested a city attorney opinion on deed restrictions not only for plant materials but also fill and parking (page .9) in connection with Phase 1A. Clearly , they understood that there were at least three matters which were to be considered with regard to deed restrictions . Assuming the copy - of the .Rune 21st RCA (pages .23 ) . is accurate , why did no indication of even these three potential deed restrictions appear in the June 20th RCA? Even now , in the current RCA , the . only deed restriction issue which appears in the current staff issue statement, analysis and recommendations (pages .1- .3) has to do with plant . materials . In view of considerations above and previous Council actions and discussions, why does the current. RCA consider only one deed restriction? ( d ) On May 5t.h , Bob Fisher , OCEMA , agreed to work with city staff on "the.'- ( emphasis ours ) proposed proposed •deed restriction ( page he recognized that there would be at least one deed restriction and this statement , in combination with considerations already mentioned should have alerted staff that they matter of deed restrictions needed to be worked out with the County prior to the June 21st meeting and any restriction (s) approved by Council . There is no indication in the information provided as part of the current. RCA that any such work ever occurred . Was this work ever initiated or completed? If so , what happened? If not , why not? In any case why was the Council not updated on this matter on June 21st? Again, who is responsible for these lapses in procedure and appropriate presentation to Council? 3 AJU 1 14 '14 OU:1 :� K HHHMZHUL lby F'04 ` The city attorney certainly knew that there was an outstanding request for guidance with regard to deed restrictions . associated with this matter . Why did the city attorney not alert the Council to this effect and indicate that , if deed restrictions were to be adopted and in order to avoid potential legal problems of the type we are now faced with , any deed restriction( s ) needed to be adopted in conjunction with the grant deed and prior to transmission to the County and recording of the deed? 4 ) The city certainly has procedures, including such things as checklists , for guaranteeing that resources of this city , e .g . financial expenditures and city land, occur as approved by the Council _ Certainly , as well , the senior administrative officers in this city must be required to approve actions which commit the resources of this city . Assuming that these procedures and protections are in place, why were they not applied in this case before the Property Manager was allowed to press forward with the grant deed transfers , why was it necessary to drive this process at such a rate that these mistakes were mad and whb was responsible for this lapse in procedure and process? If suitable procedures and processes for protection of this city 's interests in such matters as commitment of city resources are not in place , why are they not and what will be done to see that this sort of situation does not recur in the future? Thank you for your :;onsideration of our comments in this mattei- and your continued efforts on behalf of the quality of life and the citizens in this city . Sincerely , e ' Robert E ' Winchell j For the Board of Directors and Members Huntington Beach Tomorrow 4 08/14/94 22:25 PROGRAM PLA11141NG 4 93741540 NO.102 P002 MICHAEL M.RUANE DIRECTOR,EMA 4 U M-rV O F ROBERT G.FISHER DIRECTOR OF HARBORS,BEACHES&PARKS 2 1 LOCATION: 5 300 N.FLOWER ST. FOURTH FLOOR SANTA ANA,CALIFORNIA MAILING ADDRESS: ENVIRONMENTAL MANAGEMENT AGENCY P.O.BOX 4048 HARBORS,BEACHES AND PARKS SANTA ANA,CA 92702.4048 File: BC-Acq. TELEPHONE: August 12, 1994 (714)834-6667 FAX W 834-4744 Melanie Fallon, Director Community Development City of Huntington Beach 2000 Main Street, City Hall Huntington Beach, California 92648 SUBJECT: Proposed Deed Restrictions on Existing and Future Parcels Conveyed to County of Orange for Bolsa Chica Regional Park Dear Ms. Fallon: This letter is in response to an August 3, 1994 FAX transmittal from Julie Osugi of your staff, inquiring whether the County is amenable to modifying existing and future deeds for parcels within subject regional park to restrict landscaping to native species. in the opinion of County Counsel and our Real astate staff, matters of grading and landscape requirements are not appropriate as dead restrictions. Rather, concerns of this nature are appropriately addressed within the public hearing planning process and the resulting approval of plans. In short, restrictions of this type desired by the City are best exercised through its Coastal Development Permit jurisdiction. (Please rote, however, that we readily agreed to deed restrictions committing the property to parts and open space purposes for 50 years) . In furtherance of the objective to establish Bolsa Chica Regional Park as a passive, wildlife habitat enhancing area, we will request that the Board of Supervisors officially re-classify the park as a "Natural Regional Park , in the next regularly-scheduled update of the County's Master Plan of Regional Recreation Facilities. The General Development Plan for the park is also being amended to feature the landscape pallet of Southern California native plants, and an opportunity to approve such proposed modification can be scheduled before your City Council within 60/90 days. It is hoped this will satisfy the City Council's expectations in this matter. if you feel it would be helpful for me to address the City Council, I would be happy to do so. In the meantime, should you have any questions, please telephone me. Vary truly yours t Robert G. Fisher, Director Harbors, Beaches and Parks / RGF/RJ/HEH:dme 4081110251373 I �y +'• UU I 14 '14 Wd:W K I IHPUHuh lby F'YJ1 Paz � Tunt.t, n Bead. omorrow D k 8661 - x4iundton BOOM CA 92648 August 12 , 1.994 °. 1-Huntington Beach City Council. 2000 Main Street Huntington Beach , CA 92646 Honorable Mayor and City Council : j , Huntington Beach Tomorrow has reviewed the material -provided and washes to make the following comments and requests concerning to F-4 . RCA-8/i„ Z94-C©94--A2a Deed Restriction eary:als Tra6g f Qrtjd fo.r tb& solsd Chfca Linear Park , The page numbers cited refer to the current referenced RCA dot: - numbered -pages. Residents of Huntington Beach have seen the linear park shrink from something on the order of 450 acres to approximately 107 . This park was meant to be both a regional park , which this city and this area if the supervisorial district has not had ; and a broad buffer for the eventual restoration of the Bolsa Chica . As time has progressed and as a result of action and inaction by previous City Councils and the County , the financial support andland area available for this park have both shrunk , Development has so encroached on contemplated park land that we are now left with a strip park . Because of these reductiohs and because of concerns of both the adjacent residents and the environmental community, concerning this park , it is critical that the city be involved, ' to 'the maximum extent possible , in the process of park i development . • j There remain significant differences of opinion between the county on the one hand and city residents and members of the environmental community on the other. concerning the type of park and its development . The only apparent way at this point that city , its residents and the environmental community can be assured ' that their wishes will be honored to any extent by the County is to place deed restrictions on the land the city has made available for inclusion in the park . Such a placement of deed restrictions was clearly the goal of the City Council on May 2 , 1994 and Bob Fisher of OCEMA understood that intent (see the two items under his name on page .14 ) . i Due to lapses in procedure and direction and despite subsequent comments and concerns from at least one citizen that deed restrictions had not been incorporated , the parcel grant deed: were transmitted to the County on June 30th and recorded on July 7th ( Page: .25 ) . �. 1 UC:I 14 '14 OU:04 FK HHMZHUL F10;2 The city attorney was requested on May 13th to provide and has now provided (August 2nd , page .5) , subsequent. to council action on and transfer of the deeds , an opinion (pages .5- .7 ) that the issue is somewhat clouded and that the city has two routes ( page ( 1 ) seek , through consultation with the County , agreement by the County to insert language regarding restrictions desired by the Council ; or , absent agreement of the County , 2 ) take legal action to reform the deeds on precedents which have supported such actions . It seems clear from the information supplied in the current RCA , a ) that the city meant to include deed restrictions , -b ) that mistakes occurred in. .- this process , mistakes which include , unless it can be shown otherwise, a lack of consultation promised by the County ,. and r ) that the County was clearly aware, prior to acceptance and recording of the grant deeds , that these mistakes in the deeds . had been made by the city as a consequence of not having including one or more intended deed restrictions . As necessary and in an attempt to see that the interests of this city and its residents are protected to the maximum degree now possible , we request that the city take , in the order set out and recommended by the city attorney , the two actions ( page .7 ) available to the city to attempt to include deed restrictions in the deeds involved . in addition to the comments and request above, a number of questions have arisen concerning the city 's actions involved in transferring parcels associated with Phase 1A .df the Solsa Chica Regional Park to the County . That transfer without further consideration of deed restrictions requested by the City Council on May 2 , ' 1994 has now resulted in transfer and recording of the deeds _ As a result , the ability of the city to exercise any control over the development of the linear park associated with Phase 1A or to address the very significant issues raised by citizens at the May 2nd meeting has been placed in jeop&rdy . The following are some of the more important questions associated with the ci.ty 's actions preceding the ,-transfer that need to answered , if this city is to set. up procedures necessary to avoid making this and analogous serious mistakes in the future . We believe the residents of this city deserve answers to these questions . 1 . The City Council , by affirmative motion ( page .19 ) , specifically directed staff to develop deed restrictions for the parcels of Phase 1A to be dedicated to the county for the Linear Park . Why did staff not return to Council before or . on June 21 , 1994 with these deed restrictions , before the Council was asked on the 21st to approve transfer parcels to the County? Whq is responsible for this lapse in procedure and appropriate 2 • UU I 14 '14 OU:04 N "4HHM/HUL HU.S .'presentation to Council in this regard on June 21st? 2 . Considerable Council discussion of concerns about , and desired conditions on, the development and use permits took place on May 2nd ( pages .12- .17 , especially paragraph 4 , page .14 ) . Some of these concerns and conditions were incorporated in modified Resolution 6592 , Conditional Use Permit 94-3 and Coastal Development Permit 93-28 ( current RCA , page .17- . 18 ). ( a ) Why did staff not understand and take the point of view that , if any of the conditions included in the modified resolution were to have the force of law and be enforceable3 in law thereby protecting. the interests of the citizens in this city , these conditions needed to be incorporated as deed in the grant deed? ( b ) The deed restriction motion {Page .19 ) was general and dial not specify which of the Council conditions and concerns were to be incorporated in the deed ,grant _ Also , a request to the city attorney for an opinion involving methods of implementing , and the ramifications associated with , deed restrictions on these parcels ( current RCA , page .9 ) was still outstanding on June 21st . Why did staff not seek further Council directive on the desired deed restrictions , inform the Council that the city attorney had not replied and , instead , continue to seek Council action to approve the grant deed on June 21st? ( c ) The staff requested a city attorney opinion on deed restrictions not only for plant materials but also fill and parking ( page .9 ) in connection with Phase IA . Clearly , they understood that there were at least three matters which were to be considered with regard to deed restrictions . Assuming the copy of the June 21st RCA ( pages .23 ) is accurate , why did no indication of even these three potential deed restrictions appear in the June 20th RCA? Even now , in the current RCA , the only deed restriction issue which appears in the current. staff issue statement , analysis and recommendations (pages .1- .3) has to do with plant. materials . In view of considerations above and previous Council actions and discussions , why does the current RCA consider only one deed restriction? ( d ) On May 5t.h , Bob Fisher , OCEMA , agreed to work with city staff on "the.''- ( emphasis ours ) proposed proposed-deed restriction ( page he recognized that there would be at least one deed restriction and this statement , in combination with. considerations already mentioned should have alerted staff that the matter of deed restrictions needed to be worked out with the County prior to the Junes 21st meeting and any restriction ( s ) approved by Council, . There is no indication in the information provided as part of the current. RCA that any such work ever occurred . Was this work ever initiated or completed? If so , what happened? If not , why not? In any case why was the Council not updated on this matter on June 21st? Again , who is responsible for these lapses in procedure and appropriate presentation to Council? 3 I JU I 14 '14 OU:Un K UNHHHWHUL F'04 The city attorney certainly knew that there was an outstanding request for guidance with regard to dead restrictions . associated with this matter . Why did the city attorney not alert the Council to this effect and indicate that ,- if deed restrictions were to be adopted and in order to avoid potential legal problem-- of the type we are now faced with , any deed restriction( s ) needed to be adopted in conjunction with the grant deed and Prior to transmission to the County and recording of the deed? 4 ) The city certainly has procedures , including such things as checklists , for guaranteeing that resources of this city , e .g . financial expenditures and city land , occur as approved by the , Council - Certainly , as well , the senior administrative officers in this city must be required to approve actions which commit the resources of this city . Assuming that these procedures and protections are in place , why were they not applied in this case before the Property Manager was allowed to press forward with the grant deed transfers , why was it necessary to drive this process at such a rate that these mistakes were- mad and who was responsible for this lapse in procedure and process? If suitable procedures and processes for protection of this c-ity 's interests in such matters as commitment of city resources are not in place , why are they not and what . will be done to see that this sort of situation does not recur :in the future? Thank you for your consideration of our comments in this mattei- and your continued efforts on behalf of the quality of life and the citizens in this city . Sinc..erely , Robert E . Winchell For the Board of Directors and Members Huntington Beach Tomorrow 4 FROM:EMA HHP DIRECTOR TO:714 848 6643 AUG 15P 1994 11:37AM P.01 MICHAEL M.RUANE DIRECTOR,EMA ROBERT G.FISHER OUNTY OF DIRECTOR OF HARBORS,BEACHES 8 PARKS 300 N.FLOWERION:ST. 3 RANGE FOURTH FLOOR ;SANTA ANA.CALIFORNIA MAILING ADDRESS: ENVIRONMENTAL MANAGEMENT AGENCY P.O.sox 4048 r HARBORS,BEACHES AND PARKS SANTA ANA,CA 92702.4046 v TELEPHONE: (714)834.6667 tr FAX 634.4744 OA JA-A.) WWI s c.o o r ' cry:: ,+RF: TRAOSHITTI.NG: THE FOLLOWINGi ACTION: I I I'7 HESSI LAGER ( J ORIGINALS ( j AS REQUESTED BY: i I )'i 11A11, -f-t-PRINTS/ PIES, 11 I'•Y IIM41) [ I WORIaNG DRAWINGS [ J FOR APPROVAL Y FAX [ J SPECIFICATIONS [] REVIEW & COMMENT- ! REDLINED COMMENTS J'INFORMATION/FILE i J+t,""IT-'TPS DESCRIPTION �w or yT ,may�0'44 e&-c . � D� Rrnr�ticrion�� ......•. .. ^."Trc e'rvY tncmiomvmCVCeatlamv+:ICif77•�lQa'R TJ9Pt.Ofv�vmemeRse�seta�"aCeJO-9G9 t78GSt•AwilifWRta taa - rr tiacismitting a total of � pages, including this cover page. rr -w I:t.ve a problem vith the transmission, please call (714) 834-6661. -:r:-: r.rva:arara"iv •..r7't slf'ri tas 't LLY.aIt:]eQaaatlCY17J'm4+++w7t.na}.wa�axassaaes�s�e�n�Crna7OFaCr+Mace. TILIII IJlp'S: FROM:EMA HHP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:3BAM P.02 l I ' 1 j • -. j RESOLUTION OF THE BOARD OF SUPERVISORS OF I ORANGE COUNTY, CALIFORNIA it July 18, 1989 { on motion of Supervisor Riley, duly seconded and carried, thn following Resolution was adopted: Ii WHEREAS, this Board has received a document entitled "Irrevocable Offer of Dedication for the Westbay and Bluff I� 1 Porcela" from The Irvine Company, a Michigan corporation, 1 ; r,nl,eri►1g the following parcels: Parcel Number Assessor's Parcel Number(s ) ji. Pit 47D-103, 301, 501, 601 117-381-09, 10 jt 119-261-20, 21 + I 426-113-01, 03 I 439-051-08, 14 , 439-061-01 440-092-71, 72 . .• � 440-142-23, 24, 27, 30, 33 ` j, � I'. NOW, THEREFORE, BE IT RESOLVED that this Board hereby rAi.ves and approves said offers of dedication. j BE IT FURTHER RESOLVED that this Board finds that the �) iii-oject is Categorically Exempt (Class 16) from the provisions of f OVI)A " BE IT FURTHER RESOLVED that the Manager or Chief, M I ' JJ' 'tr,7vlsi.tion Section, GSA/Real Estate Division is authorized to I the Certificate of Acceptance for recordation purposes only, i I to cause recordation of said Irrevocable Offer of Dedication. I ,•, -c1: vtion No. 89-1099 "c•1•v?• Nrwport Bay Regional Park Offer i Dedication--The Irvine Company FROM:EMA HBP DIRECTOR TO:714 848 6643 AUO 15, 1994 11:38AM P.03 1 I �+ 1 i , I Carman of th -a-rd of Supe isors 7CiNED. AND CERTIFIED THAT A COPY 01P THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD r; L, NDA D. UTH (`).Sark of the Board of Supervisors of Orange County, California AY15'S: SUPERVISORS THOMAS F. RILEY, GADDI H. VASQUEZ, ROGER R. STANTON, AND DON R. ROTH 170135 : SUPERVISORS NONE ARSENT: SUPERVISORS HARRIETT M. WIEDER rhTE OF CALIFORNIA ) so . + COUNTY OF ORANGE } I, LINDA D. RUTH, Clerk of the Board of Supervisors of (.wange County, California, hereby certify that the above and i t i.r ego.ing Resolution was duly and regularly adopted by the said Poard at a regular meeting thereof held on the 18th day of � I ,,. Iliily, 1989 , and passed by a unanimous vote of said Board members 11� IN WITNESS WHEREOF., I have hereunto set my hand and seal i ! hls 1.8th day of July, 1989 . LINDA D. R H �I Clerk of the Board of Supervisors i, of Orange County, California I •I t IU, (La tNO ab4j AUU 15, 1994 11s40AM ORIGH cutx Of rid IRREVOCABLE OFFER OF DEDICATION FROM THE IRVINE COMPANY TO TEE COUNTY OF ORANGE FOR THE WESTBAY AND BLUFF PARCELS 89-?8878? TABLE OF CONTENTS 1 . DFF^�.NZTIONS. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . 2 2 . CONDITION OF TITLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3. COVENANTS RUNNING WITH THE LAND. . . . . . . . . . . . . . . . . . . . . . . . . . .11 3.a Covenant 1: Use of Property. . . . . . . . . . . . : . . . . . . . . . . . .11 3 .b Covenant 2: Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3.o Covenant 3: General Development Plan Review. . 4 . . 6 . 0015 3 .d Covenant 4: Improvement Plan Review. . . . . . # . . . . . . t . . .16 3 .e Covenant 5: Abandonment or Sale. . . . . . . . . . . . . . . . . . . . .17 3J Covenant 6: Landscape and Improvement Maintenance. . .17 3 .g Covenant 7: Bluffs Maintenance. . . . . . . . . . . . . . . . . . . . . . 17 4 . MATTERS RELATED TO COVENANTS. , . . . to , * . . . . . . 4 .a Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 4.b Term of Covenant$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 4.c Default and Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 4.d Wa i v e r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5. CONDITIONS SUBSEQUENT AND POWER OF TERMINATION. . . . . . . . . . . .19 r. , TFR14 OF OFFER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 20 7 . CONOITION OF PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 ft . DON4TIVE INTENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 u . ADDITIONAL TERMS AND CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9 .a Form of Acceptance. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .21 9.b Offer Irrevocable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9 .c License to Enter and Other Permits. . . . . . . . . . . . . . . . . . .22 9.d Indemnification/Bluff Parcele. . . . . . . . . . . . . . . . . . . . . . . . 23 1 {�. NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 ti . CAPTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 APPLICATION TO OFFEROR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 is; . EXHIBITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 34. SUCCESSORS AND ASSIGNS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 75 .. SIGNING DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 188906-10B FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:41AM P.O? 89-388787 F::X111BIT A: MAP OF THE WESTBAY PARCEL. . . . . . . . . . . . . . . . . . . . . . . . . 27 PXTllBIT B: MAP OF THE BLUFF PARCELS. . . . . . . . . . . . . . . . . . . . . . . .28 RX111HIT C: LEGAL DESCRIPTION OF THE WESTBAY PARCEL. . . . . , . . . . .29 RNM DIT D: LEGAL DESCRIPTION OF THE BLUFF PARCELS. . . . . . . . . . . .31 ENHXAIT E: MAP OF THE DOMINANT TENEMENT. : . . . . . . . 6'. . . , 6 . . . . . . 933 RXHIBIT F: LEGAL DESCRIPTION OF THE DOMINANT TENEMENT. . . , . . . . 34 FXM IAIT. G: PRELIMINARY TITLE REPORT. . . . . . . . . . . . . . . . . . . . . . . . • .35 PYH113IT H: SANTA ANA-DELHI CHANNEL/DESCRIPTION AND 1APS. . . . . .59 PYT-1113IT I: GRANT OF CONSERVATION EASEMENT. . . . . . . . . . . . . . . . . . . .61 i f'l,2 188906-IOE FROM:EMA HBP DIRECTOR T0:714 848 6643 AUG 15, 1994 11:39AM P.04 RECORDING REOUESTED BY RRST AMEFUCAN TITLE INS. CO, !lf-vordVig requested by and wfien re�!orded mail to: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA ,rie Coiltity of Orange G!,A./Real Estate Division M-30 J U L 2 4 989 F1 EXEMPT A.M. . 0. Box 4106 Sfiifta Aria, CA 92702 C10 (2 5- RECORDER. (Space above or Recorder-' s use) PREN RZ�.IORDING Portions of* The City of Newport 000MMICNT CODE SECTION 6103, Beach -AP Numbers 117-381-09o10 119-261-20j21 426-113-0143 439-051-08r14 439-061-01 440-092-71f72 440-142-23r24,27r30,33 Project Numbers PR' 47D-103,301,501 and 601 Projects Upper Newport Bay Regional Park IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication ( "Offer") is made by The Tivinp Company, a Michigan corporation ( "Offeror") , in favor of and a-, a gift to the County of orange, a political subdivision of the Mate of California (the "County" ) . Offeror and the County shall referred to collectively within this Offer as the "Parties." R E C I T A L S A. offeror owns fee title to the real property which is (1ppict6d, on Exhibit "A" as the "Westbay Parcel" and Exhibit.. "B" as Ihe "Bluff Parcels" (collectively, the "Property") . The Property Jq described on Exhibits "C" ( the Westbay Parcel) and I'D" (the 111tiff Parcels) . The Property offers significant open space and f, enlc values to the community. 06:7289- 1 188803-01 Rug 1;m1!A ribs DIRECTOR TO:714 84B 6643 AUG 15, 1994 11:41AM P.OB B. At the request of Offeror, the City of Newport Beach file "City") has adopted a general plan amendment to redesignate t.be westbay Parcel from low density residential tol, recreational »ni3 environmental open space. C. Offeror owns fee title to the real property depicted on Exhibit: "E" and described on Exhibit "F" (the "Dominant Tr-nement " ) . The Parties intend that the Dominant Tenement will hr-nefit: from the restriction of use of the Property to those uses se-t. forth in Paragraph 3a below. These benefits relate to open �glace, aesthetics, recreation, scenery, solitude, relaxation, and re].ief from use impacts on other recreational sites in the area. OFFER i Offeror irrevocably offers to dedicate the Property to the (:!<:+unty, in fee, subject to the following terms and conditions: s � . DEFINITIONS. The following definitions apply to the terms used within this Offers a. Any reference to accepta� nce (or any context of acce t) of this Offer refers to acceptance by the Board of Supervisors of the offer of dedication represented by this document (as opposed to receipt of the document) , unless expressly stated otherwise. 1). The Bluff Parcels refers to the area identified as "Bluff Parcels" on Exhibit "B" . t�t�72g9 •1 -2-- 188803-01 f FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 15P 1994 11:42AM P.09 c. The Board of Supervisors refers to the Hoard of Supervisors of the County of Orange. d. The City refers to the City .of Newport Beach, California. e. The County refers to the County of Orange, a political subdivision of the State of California. f . A County Breach refers to any breach, violation, or other noncompliance by the County with one or more of the Covenants. g. The Covenants refers to the Covenants to which the conveyance of the Property to the County is subject and which are set forth in Paragraph 3 below. A Covenant refers to any one of the Covenants. i h. The Dominant Tenement refers to the property owned by Offeror and depicted in Exhibit "E" and described on Exhibit "F" . x . Exhibit refers to an exhibit to this Offer as listed in Paragraph 13 below. All Exhibits are incorporated by reference within this Offer . nC,�2 8 9-1 -3- 188803--01 FROM:EMA HHP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:42AM P.10 d V.J 'JUUI Uf j . The General Development Plan refers to the conceptual . site conservation and development plan to be prepared for the property by the County pursuant to Covenant 3 of this Offer. k . Improvement Plans refers to those plans of improvement required by Covenant 4. improvement Plans does not include the General Development Plan. 1. The use of any context or derivation of the word include means "including, but not limited to. " M. An Interest Holder refers to the County and any person or entity which acquires any rightp title, or interest in or to all or any portion of the Property. III Offer refers to this "Irrevocable Offer of Dedication. " o, Offeror refers to The Irvine Company, a Michigan corporation. Offeror, includes all "Successors, " as defined in Paragraph lu below. p.. Permitted Uses refers' to those uses 09 the Property set forth in Paragraph 3a, Covenant 1, below. q. The Property refers to the area depicted on Exhibit "A" as the "Westbay Parcel" and on Exhibit "B" as the "Bluff O62289-1 -4- 188803-01 FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:43AM P.11 Parcels" and described in Exhibits "C" and "D" . To the extent that any inconsistency exists between these Exhibits, the descriptions contained within Exhibits "C" and "D" shall control. r. The Reservations refers to the various rights reserved to Offeror in Paragraph 2e below. s. The Signing Date refers to the date set forth in Paragraph 15 below. t. The State refers to the State of California and any division, agency, service, commission, or department of the State of California. i u. A Successor refers to% (i) any person or entity which acquires ten percent r (101) or more of the assets of Offeror (an "Asset i Successor") ; (ii) any division, subsidiary, or other entity substantially related to either Offeror or an Asset Successor; (iii) any purchaser of substantially all of Offeror ' s remaining interest in the Dominant Tenement at the time of the purchaser 067289-1 •5- 188803-01 FROM:EMA HBP DIRECTOR T0:714 848 6643 lUG 15, 1994 11:43AM P, 12 U%7—JU0J Of ( iv) any entity resulting from a merger with or an acquisition by or of Offeror; and (v) any person or entity owning the majority of stock or other ownership interest in either Offeror or an entity described in subparagraphs u( i) through u(iv) above. v. The Westbay Parcel refers to the area identified as the "Westbay Parcel" on Exhibit "A" . 2. CONDITION OF TITLE. Offeror covenants that the Property is, and shall remain, free and clear of all liens, encumbrances, assessments, easements, leases (recorded and unrecorded) , and taxes except: i a.. Any installment of general and special County and city taxes, if any, allocable to a period subsequent to the time title is vested in or actual possession or physical possession is taken by the County, whichever first occurs, and all taxes subsequent thereto. (However, Offeror shall remain liable for payment of any taxes allocable to the period prior to the time title is vested in or actual possession or physical possession is taken by the County, whichever first occurs, pursuant to 0622.89--1 -6 188803-01 .... .:.... ..... ... . . . FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 159 1994 11:44AM P.13 the provisions of Sections 5084 and 5086, California Revenue and Taxation Code, as amended; and Offeror shall pay any such taxes, whether delinquent or not, together with penalties and interest thereon, and delinquent or non-delinquent assessments or bonds and any interest thereon prior to recordation of this Offer . ) b. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California added by Chapter 498, Statutes of 1983, will be permitted to show in County's title . i insurance policy. (However, Offeror shall remain liable for payment of such taxes as set forth in Paragraph 2a above. ) C. The exceptions to title set forth on Exhibit "G", the Preliminary Title Report dated June 1, 1989, and issued by First American Title Insurance Company under its Order Number OR-1490992. (Note: Exception No. 25 has been eliminated pursuant to a letter dated June 13, 1989, from First American Title Insurance Company to Offeror, a copy of which is attached to Exhibit "G" . ) d., The Covenants set forth in Paragraph 3 below. 062289--1 -7- 188803-01 FROM:EMA HBP DIRECTOR TO:?14 848 6643 AUG 15, 1994 11:44AM P.14 VV-VVV( LI e. . A reservation to offeror, including the right to convey in whole or in part, of (collectively, the "Reservations" ) : ( i ) Any and all oil, oil rights, minerals, mineral rights, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and a I products derived from any of the foregoing, thalii may be within or under the Property, together w3 i the perpetual right of drilling, mining, explori and operating therefor and storing in and removJ. the same from the Property or any other land, including the right to whipstock or directionally drill and mine from lands other than the Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the property and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen, and operate any such wells or minest provided that the reservation does not include the right to drill, mine, store, explore, or operate through the then current surface or the upper 500 feet of the subsurface of the Property: 062289-1 -8- 188803-01 FROM:EMA HBP DIRECTOR T0:714 848 6643 AUG 15, 1994 11:45AM P. 15 - 89--38878 (ii) Subject to Paragraph 3a below, any and all water, solar- heated water, reclaimed water, water rights or • r interests in such waters or rights, whether sur# i or subsurface, appurtenant or relating to the i Property, or owned or used by Offeror in connect with the Property, together with the right to explore, drill, redrill and remove such water fr the Property, to store such water in the ground- water basin underlying the Property by percolating, spreading, or injecting water into such basin from locations on lands lying outside of the Property, and to divert or otherwise utilize such water, rights, or interests on any other property owned or leaned by Offeror: provided, however, that Offeror shall not, without prior written approval of County or County's successor in interest, have any right to enter upon or use the surface of the Property in the exercise of these rights. ( iii) Nonexclusive easements over the Property for the purpose of creating, enhancing, maintaining, and/or restoring habitat mitigation areas to satisfy future mitigation requirements of government agencies for off-site development projects of Offeror: 188803-01 FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:45AM P.16 U —JUUI Ui f. Use of the easement reserved in Paragraph 2e(iii) above . is subject to the reasonable approval of County. County shall act promptly upon request for such approvals if Offeror, prior to any activity within the Property, has consulted with County as to the .required activities and, if those activities involve land disturbance, has prepared and submitted to County reasonably detailed plans. To the extent reasonably and economically practicable, Offeror will cooperate with County to consolidate the mitigation areas and facilities permitted by this easement. g. Discrepancies, conflicts of boundary lines, adverse claims, encroachments, or any other facts which a correct survey would disclose and which are not shown by public records. h. The conservation easements referred to in Paragraph 3a/Covenant 1 below. offeror shall provide to County a CLTA policy of title insurance issued as of the date of recordation of this Offer in the amount of $1,000,000, insuring County that fee title to the Property is vested in Offeror subject to this Offer, with a special indorsement insuring the validity and priority of this Offer . The amount of this policy is not intended to reflect the value of the Property. 062289--1 -10- 188803-01 FROM:EMA HBP DIRECTOR TO:714 648 6643 AUG 15, 1994 11:46AM P. 17 89-388T87 3 . COVENANTS RUNNING WITH THE LAND. If this Offer is accepted, tha subsequent conveyance of the Property from Offeror to County shall be subject to the covenants set forth in this Paragraph 3 (the "Covenants" ) . The Covenants are for the purpose of assuring the enhancement and protection of the value, desirability, and attractiveness of the Dominant Tenement . The Covenants shall become effective on the acceptance of this Offer, run with and burden the Property, as the servient tenement, and bind the County and any other interest Holder. Every Interest Solder shall be bound absolutely to every provision of this Offer, whether or not this Offer is referred to in the instrument by which the Interest Holder acquires an interest in the Property. The Covenants shall also constitute equitable servitudes upon the Property, as servient tenement, in favor of the Dominant Tenement. Except as expressly provided within this Paragraph 3, the Covenants shall be enforceable only by Offeror or a Successor. The Covenants are: a. Covenant 1: Use of Property. The County shall maintain and use the Property solely for passive recreational use by the public. "Passive . recreational use" means uses which are compatible with the adjacent Upper Newport Bay Ecological Reserve, such as hiking, bicycling, running, 062289 -1 -11- 188803-01 • FROM:EMA HEP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:46AM P. 18 horseback riding, picnicking, environmentally sensitive habitat mitigation, staging areas for bicyclists and equestrians, and nature study (the "Permitted Uses" ) . In addition, use of the Westbay Parcel for flood control purposes related to the Santa Ana-Delhi Channel (see description and map attached as Exhibit "H") shall also be a, Permitted Use. Any available surface or subsurface water on the Property may be used by County to the extent necessary to serve Permitted Uses on the Property. No permanent structures shall be erected on the Property, except for the following uses if necessary to serve Permitted Uses: On the Westbay Parcel only; ( i) parking spaces, located at grade and landscaped, including parking for horse trailers; ( ii ) picnic facilities, such as shade structures, tables, and barbecuest ( iii) restrooms; ( iv) a landscaped ecological interpretive center within the area designated for that interpretive center on Exhibit "A" ; (162289-1 -12- 188803-01 FROM:EMA HHP DIRECTOR TO:714 848 6643 AUG 15, 1994 '11%47AM P.19 0zJ—JUU1 Ui (v) hiking and bicycle trails; including those con- structed of hard surfaces such as concrete and asphalt; (vi ) nature viewing platforms; (vii) flood control purposes as provided in Paragraph 3a above; and On the Property: (viii ) habitat -mitigation. Subject to Paragraph 2f above, the County shall allow the Property to be used for habitat mitigation by Offeror or County, but not by or for the direct or indirect benefit of any other person or entity. Any General Development plan adopted for the Property shall permit habitat mitigation in all unimproved areas. Any habitat mitigation must be consistent with the General Development Plan. No commercial, residential, office, retail, hotel, lodging, or industrial activities of any nature shall be permitted on the Property, whether for profit or not, except; (162289-1 -13- 188803-01 FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 15, 1994 11:47AM P.20 ( i) retail sales by the County or other non-profit entity within the ecological interpretive center if those sales are customarily incidental to the .operation of similar interpretive centers; and ( ii) reasonable parking, entrance, and use fees (standard County Regional Park fees are deemed reasonable if imposed at other County regional parks) for the Westbay Parcel to offset expenses of operation and maintenance of the Property. In addition to the enforcement rights contained in this Offer, this Covenant shall be enforced through a joint conservation easement to (1) the State of California acting through the Coastal Conservancy, and ( 2) the City of Newport Beach. This conservation easement shall be in the form of attached Exhibit "I" and shall be executed and delivered to the County Recorder by Offeror for recordation before acceptance of this Offer. Offeror makes no warranty or representation as to the effectiveness or enforceability of this conservation easement. b.. Covenant 2: Parking. The County shall provide reasonable off-street parking to ensure that use of the 062289 -1 -14- 188803-01 FROM:EMA HBP DIRECTOR TO:714 848 6643 AUG 15T 1994 11:48AM P.21 ` -�U0 Westbay Parcel does not regularly generate an .unreasonable parking burden on surrounding development. C. Covenant 31 General. Development t Plan Review. Before erecting any structure on. the Property, the County shall prepare and submit to Offeror, for review and comment, a conceptual site conservation and general development plan which may be amended from time to time (collectively, the "General Development Plan") , including specific locations and the maximum size of all improvements on the Property. If, within thirty (30) days after County provides Offeror with the General Development Plan or any revised General Development Plan, Offeror proposes reasonable changes to that plan which are consistent with this Offer, County shall either: (i) incorporate those changes within a revised General Development Plan: or ( ii ) provide Offeror with a written statement of the reasons that the changes will not be incorporated and, by formal action of the Board of Supervisors, after providing Offeror with ten days' notice and an opportunity to be heard before the Board, adopt written findings setting forth those reasons. 062289-1 -15- 188803-01 Sierra Club ' N Preserve Solsa Chica Task Force •, 1077 Pacific Coast;�wy cs�Lua� w Seal Beach, CA 90740 - ... �• July 12, 1994 California Coastal Commission hand-delivered via staff- 7/12/94 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Dear Coastal Commissioners. We appreciate the opportunity to communicate our concerns to you regarding the Bols�nica linear Park application submitted to you by the County of Orange. This application affects a portion of the 1,700 acres of Bolsa Chica wetlands and surrounding ecosystem we are committed to preserving as a biodiversity sanctuary and wildemess park We also appreciate your upholding your responsibilities as commissioners by enforcing the California Coastal Act, and filing your own appeal to this permit application (appeal no. A-5-HNB- 94-117.) We know the importance of preserving every bit of the remaining 9% of wetlands we have left in California,-particulady when that wetland is part of the largest unprotected coastal wetland south of San Francisco. Therefore,your upholding the Coastal Act, as it relates to filling of the wetlands described in this application,is critical. We support the law that requires the applicant to pursue a least damaging practicable alternative, such as building trails around or over(a bridge)the wetland,as opposed to filling it BEFORE any sort of mitigation effort is supported. We believe there ARE alternatives to filling this fresh water wetland,while still being able to enhance and restore the adjacent wetlands. We are also extremely concerned about the rights of Native Americans and believe that the archaeological sites on the Huntington Mesa deserve further scrutiny prior to issuing of permits affecting those sites. We met with County staff members Denny Turner, Scott Thomas and Gerhard Bombe on Friday, July 8,1994 at the park site to discuss their denvvnrequest to permit only a 3.3 acre site that does not include filling of any wetland or impacting any archaeological site. At this meeting, County staff gave us several verbal assurances and commitments that, if followed through, would allow us to support approval of this de not4)request. In order to protect the Bolsa Chica wetlands and the ecosystem that supports a healthy wetlands environment, we respectfully request that the Commission add the following conditions that must be met in order for the permit to be valid: 1. Non-native vegetation removal, earth moving and native planting will be done entirely by- volunteers by hand, so as to affect minimum disturbance on the wildlife and existing native plant life that is part of the Bolsa Chica ecosystem Sierra Club, Bolsa Chica. Land Trust, Surfnder Foundation, Huntington Beach Tomorrow and Sea Cliff homeowners will participate as volunteers in this program. continued an Yeve:se to conserve pspe:... 2. The County of Orange will hire a volunteer coordinator to recruit and coordinate the volunteer efforts needed for this effort. Bolsa Chico Land Trust, Surfrider Foundation and the County of Orange will explore possible grant opportunities that might enhance the dollars available for this program. This cost will be far less than the cost of bulldozers and chemical weed abatement programs needed if the project were not to be worked on by volunteers. 3.The County of Orange W11 secure the services - either volunteer or consulting - of Dr. Joy Zedler, one of the country's top wetlands restoration experts, who serves on the Sierra Club's Blue Ribbon Scientific Panel, to review the bluff-top restoration program, in order to insure maintaining the integrity of the Bolsa Chica ecosystem. If Dr.Zedler is not available,a wetlands restoration expert approved by the signers of this document will review the plan. 4. Only a low-impact pedestrian trail,made of crushed granite,will be installed as part of this 3.3 . acre site. This trail will be built with a minimum of disturbance to wildlife and native plants. 5..Consistent with the mitigation measures contained within the Linear Park EIR, complete a comprehensive survey of all archaeological sites on the Huntington Mesa before any work is done. on this part of the park project. 6. Install ranch-type fencing along the eastern border of the park, as well as the areas outlined in the de noun request. The purpose of this fencing is to deter developers of adjacent housing developments from destroying habitat by running bulldozers and other heavy equipment through the park area(currently a common practice.) Thank you for your consideration of this request. If it is granted, we will wholeheartedly support that this de novt7request be granted. ,,.Since-rely, ' Co-Appellants: Bruce Monroe, Rudy Vietmeier, Management Team Sierra ub Preserve Bolsa Chica Task Force Marcia Hanscom resident -96 '. ' Bob Winchell, President Huntington Beach Tomorrow supporters of appeal: Connie Boardman, President Dr. Gordon LaBedz, Environmental Issues Team Bolsa Chica Land Trust Surfrider Foundation Buck& Barbara Marrs SeaCliff Coalition MICHAEL M. RUANE 4 U N_ Y O P DIRECTOR, EMA RECEIVED FROM TAM THOMAS B. MATHEWS 2 1 AND MADE A PAS' Or rHE RE OR AT DIRECTOR OF PLANNING THE COUNCIL MEETING OF 8' t q 5 3 RA fV Gj E OFFICE OF THE CITY CLERK LOCATION: CONNIE BROOKWAY,CITY CLERK 300 NTHIRD W Loon SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 ENVIRONMENTAL MANAGEMENT AGENCY SANTA ANA, CA 92702-4048 PLANNING TELEPHONE: (714) 834-4643 FAX #:834-2771 DPC:834-4772 PRESS BULLETIN CONTACT: Tom Mathews FOR IMMEDIATE RELEASE 834-4643 August 15, 1994 COUNTY EMA ANNOUNCES RECIRCULATION OF REVISED DRAFT EIR FOR BOLSA CHICA PROJECT SANTA ANA, CA -- August 15, 1994 -- A revised Draft Environmental Impact Report (DEIR) for the Bolsa Chica project is being released Tuesday, August 23, 1994 by the County of Orange Environmental Management Agency (EMA) and will be circulated for public review for 45 days, ending Thursday, October 6th. According to Tom Mathews, Director of Planning for County EMA, "the Draft EIR for the Bolsa Chica project has been revised because of the substantial changes we have made to the Koll proposal. These changes are based on comments we received on the last DEIR the County released in December of 1993 . " Mathews added that the majority land owner Koil Real Estate Group has requested amendments to the County' s existing Local Coastal Plan; General Plan; Master Plan of Arterial Highways (MPAH) , and zoning changes for its proposed project. The DEIR, which is required by the California Environmental Quality Act (CEQA) , evaluates the possible effects of the proposed project in 16 categories such as biology, traffic, air quality and public services . -More- _i Bolsa Chica DEIR August 15, 1994 Page 2-2-2 The DEIR also evaluates a range of alternatives to the proposed project and identifies an environmentally superior alternative as required by CEQA. The DEIR, however, is -not intended to advocate or recommend any single alternative for Bolsa Chica. EMA staff received technical assistance from the Chambers Group in preparing the. DEIR. The report is a culmination of more than 20 years of technical analysis of Bolsa Chica, in addition to comment from prior EIR' s and the public. The DEIR considers a proposed county plan that, according to Mathews, was developed by the County in response to comments on past Bolsa Chica environmental reports. Two major options are contained within the proposed county plan; one option with development in the lowland, the other without . Without lowland development, the County suggests a maximum of 2, 500 housing units and. would not require the landowner to participate in wetlands restoration. The option containing lowland development calls for a maximum of 3, 200 housing units and would require a wetlands restoration plan to be fully financed by the landowner. The County recommends a restoration plan with a combination of full and,muted tidal wetlands designed under principal guidance by wetlands expert Dr. Michael Josselyn. The report analyzes a range of additional land use alternatives ranging from a bio-diversity park to a plan that includes a marina, navigable ocean channel and commercial and residential development, which is the current conditionally approved land use plan for Bolsa Chica. -More- - .or Bolsa Chica DEIR August 15, 1994 Page 3-3-3 The issuance of the revised DEIR marks the beginning of the public environmental review process for the Bolsa Chica Project. Public .comments received on the report and the County' s responses will both become part of the Final EIR, which will be reviewed in separate public hearings by the Orange County Planning Commission and the Board of Supervisors. Copies of the revised DEIR for the Bolsa Chica project will be available for study and review at the following locations after its release in the upcoming week: County of Orange Environmental Management Agency Project Planning Division 300 North Flower Street, Room 356 Santa Ana, California 92702 City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, California 92648 Huntington Beach Central Library Reference Desk 7111 Talbert Avenue Huntington Beach, California 92648 Comments on the DEIR should be directed to Mr. Paul Lanning, Environmental Management Agency, P.O. Box 4048, Santa Ana, California 92702-4048. - 4 sA,4 ., v w .�ubl C.a►�.wt�#S .SEACLIFF COALITION Homeowners from SeaCliff on the Greens Club Series The Estates, and Huntington Seacliff August.15, 1994 Submitted to: Ignorable Mayor and City Council Members From: Barbara Marrs, SeaCliff Coalition Designated Speaker Subject: Deed Restricton on Parcels Transferred for the Bolsa Chica Regional Park It has come to our attention that the deed for-the parcels for Phase l A of the Bolsa Chica Regional Park were transferred to the County without incorporating the deed restrictions requested by the City Council on May 2, 1994. Staff is recommending a motion to: "Re-a firrn the transfer and release gfthe subject parcels for recordation by the Counti. of Orange for Phase IA of the Rolsa Chica Regional Park without deed restrictions and finding that the conditions of apprcn�al restricting plant materials to native species sufficient." WE STRONGLY URGE COUNCIL TO DENY THIS At0770N1 To clarify for all time, and to prevent misuse of the Bolsa Chica Regional Park,we ` recommend that the City Council direct.the City Attorney to pursue whatever means necessary to ensure the deeds include language that restricts the type of vegetation by stating "no non-native plant materials shall be used or placed upon the properth". Additionally, language should be included which limits the amount of grading and fill, such as:"the natural contours of the land shall be retained, earth cut and JSII limited to no more than —feet " To protect the land from ever being covered by asphalt, the deed should also include language to the effect that "no parking lots shall he constructed upon the property and no motor vehicles shall be parked upon the properly. " .Although these stipulations are included in the Conditions of Approval for Coastal Development Permit No. 93-28 and Conditional Use Permit No. 94-3 (p. 17 of State Report.), we feel that the deed itself must contain these restrictions in order to guarantee that the park is developed and maintained as it was intended by the Council on May 2, 1994. Thank you for your consideration. The following people were planning to address the Council. but in the interest gfsaving time,have requested their names be adder/to this statement instead,, Richard Ouek)Marrs AI and Cindy deLornt John and Dina Szvmansk! Mike.Jones Ken and Uarie Ravwald Clmck and Diane.loves Denise Folga Robvn Allen EXECUTIVE SUMMARY BOLSA CHICA LOCAL COASTAL PROGRAM RECEIVED FROM _T&,r, ffN . 1.1 DESCRIPTION OF THE PROPOSED PROJECT AND MADE A PART OF THE RECORD AT THE COUNCIL MEETING OF 9 1 15 914 OFFICE OF THE CITY CLERK 1.1.1 Project Location CONNIE BROOKWAY,CITY CLERK The Bolsa Chica County Local Coastal Plan (LCP) Area, located in the northwestern coastal section of Orange County, is surrounded by residential neighborhoods to the north, east, and southeast in the City of Huntington Beach and by the Pacific Ocean to the southwest. . A State Ecological Reserve has been designated on approximately 306 acres in the County LCP Area, of which approximately 163 acres have been restored as functioning wetlands. The Project Area consists of the County LCP Area and approximately 22 acres in the City of Huntington Beach. The approximately 1,588-acre County LCP Area is confined to that portion of the Coastal Zone within County jurisdiction. Portions of the City included in the Project Area consist of the following components which, although not within the jurisdiction of the County of Orange, are essential elements of the Proposed Project and must also be fully analyzed. These project components which are not located within the County LCP Area include: ► 1.2 acres for the Mesa Connector ► 9.4 acres for the EGGW Channel ► 2.7 acres in the Lowland adjacent to existing housing for residential development (subject to processing through the City of Huntington Beach) IN. 6.7 acres of Lowland wetlands below current terminus of Garfield Avenue owned by the Huntington Beach Company and City of Huntington Beach ► 2.4 acres in the Edward's Thumb area adjacent to Talbert Avenue These project components have been analyzed in the Revised Draft EIR in order to ensure that all potential impacts associated with the Proposed Project are adequately evaluated in accordance with the State CEQA Guidelines which require that the "... precise location and boundaries of the proposed project shall be shown on a detailed map ..." and to ensure that "segmentation" of the Proposed Project.does not occur. 1.1.2 Project Description The proposed Bolsa Chica LCP is based on a mixture of natural resource conservation and urban uses consisting of two components: (1) a "Mesa Component";and(2) a "Lowland Component." The "Mesa Component" proposes development of a maximum of 2,500 residential units on approximately 214 acres on the Bolsa Chica Mesa- which includes a small portion of the Metropolitan Water District (MWD) property within County jurisdiction.A mix of residential 1 densities is proposed with a variety of product types, including single-family detached homes and multiple-family attached homes. The residential mix is proposed in two density categories: (1) Medium-Low Density Residential (6.5 to 12.5 dwelling units/acre du/ac); and (2) Medium-High Density Residential (12.5 to 18.0 du/ac). In addition, a 10-acre Neighborhood Commercial land use has also been identified for possible development on the Bolsa Chica Mesa near the Warner Avenue/Mesa Connector intersection. It is anticipated that this site will accommodate up to 100,000 square feet. of neighborhood and visitor-serving commercial. Regional park use is designated for approximately 49 acres on the Huntington Beach Mesa. Two land use options have been identified for the "Lowland Component" as described below: ► Lowland Option A proposes no residential uses in Lowland. This option requires the establishment of a successful mitigation bank to acquire, restore, and maintain wetlands and the non-tidal areas in the Lowland. ► Lowland Option B will allow the fill of approximately 188 acres in the lowland, including 104 acres of generally degrading jurisdictional wetlands. This option will accommodate the development of a maximum of 900 residential units on a reconfigured and consolidated parcel of property along the inland edge of the Lowland. These residential units will consist of single-family detached homes, ranging in density from 3.5 to 6.5 du/ac .(Le., Low Density Residential). This parcel includes the Fieldstone property (43 acres). Under Lowland Option B, the total number of units for the Proposed Project (Mesa and Lowland) is 3,200. Thus, for example, if 900 units are built in the Lowland, a maximum of 2,300 units may be built on the Bolsa Chica Mesa. Lowland Option B also proposes the expansion, creation, and restoration of wetlands in the Lowland. Pursuant to a possible development agreement, the funding of wetlands restoration/creation shall be guaranteed by the Koll Real Estate Group (KREG) in exchange for Lowland residential development. Tables 1-1 and 1-2 reflect the land use options proposed for the Bolsa Chica LCP. In addition to the development and wetlands restoration described above for the Bolsa Chica Mesa and Lowland Options A and B, the following improvements are proposed for the Proposed Project. ► Construction of Lowland infrastructure improvements, including improvements to the East Garden Grove/Wintersburg Flood Control Channel (EGGW Channel). The EGGW Channel will be improved and flows from the Channel will be diverted to the wetlands areas. Only a small portion of Bolsa Chica Street will be improved, consisting of the segment extending from Los Patos Avenue to the subject property where it will become the "Mesa Connector, a loop road which will connect to Warner Avenue on the lower bench of the Bolsa Chica Mesa. 2 Table 1-1 PROPOSED PROJECT - COUNTY LCP AREA PROPOSED LAND USE TABLE LOWLAND COMPONENT -OPTION A LCP Land Use Category Gross Acres Estimated Dwelling Number Percent of Total Units Open Space: - Conservation/ OS(C)' 1,284 80.9 0 - Recreation/OS(R)2 78 4.9 0 Subtotal Open Space 1,362 8S.8 0 Public Facilities / PF3 9 0.5 0 Residential:' - Suburban/R(S) (0.5 18 du/ac*) 214 13.5 2,500 Pacific Coast Highway 3 0.2 0 Total — All Land Uses 1,588 100.0 2,500 • dweltiag units:per acre i Conservation includes wetlands,:en.. roue entally sensitive liabWit areas(ESHMI,agd:ppeu space buff'eirs : Recreation mcludes Bolsa Chica Regibnal;T"ark aril.other ri gtonal and local=serving park and_recreatioa areas '3 PabUcfaeilidesinclude<he flood:coatrol;cbannel�water reservoir,and t"�re station Resufeatial acreage htcIudes locaf;roada and new aterial highways Source Based on land use;o ::atlon by OR1tfA . Table 1-2 PROPOSED PROJECT - COUNTY LCP AREA PROPOSED LAND USE TABLE LOWLAND COMPONENT - OPTION B LCP Land Use Category Gross Acres Estimated Dwelling Number Percent of Total Units Open Space: - Conservation/OS(C)' 1,098 69.2 0 - Recreation/ OS(R)2 94 5.9 0 Subtotal Open Space 1,192 75.1 0 Public Facilities/PF' 9 0.5 0 Residential:` Suburban/R(S) (0.5 - 18 du/ac) 384 24.2 3,200 Pacific Coast Highway 3 0.2 0 Total — All Land Uses 1,588 100.0 3,200 • dwelhng units per acre: Conservation inctudes.wetlands,:ES"t...2 d open space buffers 1 RecreaWonincludes$olsa Chtca:RegIonai Park and other;iegional::and local serrwgpark and recreation areas;, . Public facilities include:the flood controlchannel,:water reservoir and fire station ' Residential acreage includes local roads and new arteFial Highways;. Source Based on land use.compilatioi by FORMA 3 ► Construction of neighborhood parks, providing various recreational opportunities for current and future residents of the area. Typical improvements will include athletic fields, children's play equipment, picnic shelters with barbecues and tables, seating areas, and court games. The Proposed Project will also dedicate approximately 49 acres of the 106 total acres of land for the Bolsa Chica Regional Park currently being planned and developed by the County of Orange Harbors, Beaches, and Parks District. No. Construction of a comprehensive system of pedestrian, biking, and equestrian trails throughout the Bolsa Chica residential community and surrounding wetland area, including major improvements to existing pedestrian and bicycle trails. This network will include a coastal access and trails plan that encompasses a nature trail, access to.the State Beach, and scenic overlooks of the wetlands, Bolsa Chica Regional Park, and the Pacific Ocean. 1.1.3 Project Phasing Bolsa Chica is anticipated to be built out over a period of approximately 12 to 22 years. Residential development is proposed to begin first with development on Bolsa Chica Mesa, followed by the Lowland area. Initial construction is anticipated to occur in 1996. Phasing of utilities installation, including flood control facilities and storm drains, will take place concurrently with residential development. The wetlands phasing construction plan, found in the Wetlands Restoration Program (WRP); outlines activity dates, and identifies each step that must occur in phases to implement the wetlands plan. 1.1.4 Project Objectives The primary objectives of the Proposed Project are as follows: IN, provide a mix of housing at Bolsa Chica; ► reverse the degradation of wetlands on the site and expand the size and quality of the wetlands through a program of reconfiguration, consolidation, creation, and restoration; ► convey a portion of the Huntington Beach Mesa to the County for use within the Bolsa Chica Regional Park; ► convey the portion of the Lowland not used for residential development to one or more public agencies for limited public uses (wetlands restoration, flood control); and ► coordinate wetlands restoration with the phasing out of oil operations on the site. 4 S , 1.2 PROJECT ALTERNATIVES 1.2.1 Identification of Alternatives CEQA requires that the EIR describe a range of reasonable alternatives.to the project, or to the location of the project, which could feasibly attain the basic objectives of the project and evaluate the comparative merits of alternatives. This EIR includes detailed evaluation of several alternatives to the Proposed Project. The alternatives evaluated in detail where initially considered among 36 different plans or concepts for the Bolsa Chica. The alternatives that are described in detail in Chapter 6 are as follows: ► Alternative A - Park/Lowland Restoration; consisting of an urban park on the mesas and wetlands restoration in the Lowland. ► Alternative B - Biodiversity Park; a full restoration concept including upland and Lowland habitats. ► Alternative C - Commercial/Resort/Housing Development; facilities provided.on Bolsa Chica Mesa with Lowland restoration. IN. Alternative D - Marina/Housing Development; essentially the former conditionally approved LUP. ► Alternative E - Lowland Residential Development/Pocket and Edwards Thumb; a modified concept for Lowland residential uses. ► Alternative F - Low Density Mesa Development; 1,000 residential units with no Lowland development. ► Alternative G - High Density Mesa Development; 4,286 total residential units, including Lowland development and a tidal inlet. ► Alternative H - No Project; development activity limited to existing zoning. ► Alternative I - No Development; continuation of the status quo. ► Alternative J - Alternative Location; consideration of development on MCAS Tustin and/or El Toro. 1.2.2 Environmentally Superior Alternative CEQA also requires that the EIR identify the environmentally superior alternative among all of the alternatives considered, including the Proposed Project.: Based on the comparative analysis of alternatives, Alternative B, the Biodiversity Park Alternative, is considered to be environmentally superior in that its implementation will enhance not only the biological habitats and resources of the Bolsa Chica, but will enhance aesthetic, open space, educational, scientific, 5 and coastal values. Several significant adverse impacts of the Proposed Project would be reduced or eliminated, including such impacts as traffic generation, air emissions, grading impacts (Bolsa. Chica Mesa), and wildlife impact. Although some adverse impacts would occur from development of such a plan, the benefits of a restored upland and Lowland ecosystem would be far superior environmentally than the. No Development or other alternatives analyzed herein. It should be noted that the Biodiversity Park Alternative would require funding from federal, state, and local sources (including private groups)to acquire, restore, and maintain the property. This funding may not be available or may be available only over a protracted period of time. 6 I 08/14/94 22:25 PROGRAM PLA1114ING 4 9-741540 N0. 102 P002 MICHAEL M.RUANE DIRECTOR, EMA 4 U hl YY O F ROBERT G.FISHER DIRECTOR OF HARBORS,BEACHES 8 PARKS 2 LOCATION: 5 3 BAN P- 300 N.FLOWER ST. FOURTH FLOOR SANTA ANA,CALIFORNIA MAILING ADDRESS: ENVIRONMENTAL MANAGEMENT AGENCY P.O.BOX 4048 HARBORS,BEACHES AND PARKS SANTA ANA,CA 92702.4048 File: BC-Acq. TELEPHONE: August 11, 1994 (714)834-6667 FAX it 834-4744 Melanie Fallon, Director Community Development City of H=tington Beach 2000 Main.Street, City Hall Huntington Beach, California 92648 SUBJECT: Proposed Deed Restrictions on Existing and Future Parcels Conveyed to County of Orange for Solsa Chica Regional Park Dear Ms. Fallon: This letter is in response to an August 3, 1994 FAX transmittal from Julie Osugi of your staff, inquiring whether the County is amenable to modifying existing and future deeds for parcels within subject regional park to restrict landscaping to native species. In the opinion of County Counsel and our Real Estate staff, matters of grading and landscape requirements are not appropriate as deed restrictions. Rather, concerns of this nature are appropriately addressed within the public hearing planning process and the resulting approval of plans. In short, restrictions of this type desired by the City are best exercised through its Coastal Development Permit jurisdiction. (Please rote, however, that we readily agreed to deed restrictions committing the property to park and open space purposes for 50 years) . In furtherance of the objective to establish Solsa Chica Regional Park as a passive, wildlife habitat enhancing area, we will request that the Board of Supervisors officially re-classify the park as a "Natural Regional Park" in the next regularly-scheduled update of the County's Master Plan of Regional Recreation Facilities. The General Development Plan for the park is also being amended to feature the landscape pallet of Southern California native plants, and an opportunity to approve such proposed modification can be scheduled before your City Council within 60/90 days. It is hoped this will satisfy the City Ccuncil's expectations in this matter. If you feel it would be helpful for me to address the Citv Council, I would be happy to do so. In the meantime, should you have any questions, please telephone me. Very truly yours Robert G. Fisher, Director Harbors, Beaches and Parks RGF/EJ/HEH:dme 4081110251373 LEGEND /\ LAND USE DISTRICT : / Fogy Q CONSERVATION I/ 1 , w BOLSA CHICA REGIONAL PARK F RECREATIONfro Er PF PUBLIC FACILITY / T \ / \_i L LOW DENSITY RESIDENTIAL 1p (3.5-6.5 DU/ACRE) ep� / �Q �\\ T o } ML MEDIUM-LOW DENSITY RESIDENTIAL s9py/ /// o z w (6.5-12.5 DU/ACRE) �, j �\ w i_g MH MEDIUM-HIGH DENSITY RESIDENTIAL q / SEASONAL 3 \ 0 a LL M LL (12.5-18 DU/ACRE) PF PONDS z \ o � ` _ LLwz52w_ H� HIGH DENSITY RESIDENTIAL L w uLL-z ML = PF R I > O z (18-36 DU/ACRE) / - EMERGENCY''= c4 O NC= NEIGHBORHOOD COMMERCIAL /\ // s ACCESS  o w z MUTEDTIDAL� l N COUNTY LCP ML _ _ 4 3 =_ :r8 1 0 AREA BOUNDARY\ \ v0 H - - _ SEASONAL PONDS � ��_ •- _'�`�MUTEDTIDAL �� �� ,. A ' �� � 2 . -- FULL TIDAL 4 qT ML _ NON-TIDAL ' - _ - ML L RABBIT-IS AL ND� As x ` --.ems_ z�_ --a-' - - - - _ _ di` - - - .a _ _ =C �.- __ 1s =_ _ __) ` - = AYE � _� - _- � _ _ = Bo _ _ = at . � z NNER BOLSA B := - � _.MUTEDMTIDAL -z _ � _ ¢ �c w OUTER BOLSA BAY _ ZM - a ��- _ O x w 4 s -_ ,_�< Lu .FULL-TIDAL _ .- = -- - =_ .: - ,� wU I cr r - PACIFIC COAST HIGHWAY z O U BOLSA CHICA STATE BEACH TIDAL o-w a INLET �CI w u c _ _ _ PAFIC OCEAN 0 Q O _ c- BOLSA CHICA 1993 KOLL LAND USE PLAN(4,286 UNITS) E9 L EGENc� LAND USE DISTRICT : CONSERVATION // \ 0 / q'90 Jai. BOLSA MR, RECREATION \ \ CHICA \N11 REGIONAL eF PUBLIC FACILITY �Rqy // `T�<\a� / �\ R PARK rm--L1 MEDIUM-LOW DENSITY RESIDENTIAL (6.5-12.5 DU/ACRE) rm--H—1 MEDIUM-HIGH DENSITY RESIDENTIAL ��\// A, �9 (12.5-18 DU/ACRE) 6 nlc= NEIGHBORHOOD COMMERCIAL <sq m N COUNTY LCP AREA BOUNDARY _ / N ML - - / Q PF 1 Z ML - SEASONAL PONDS / QP MUTEDTIDAL < d M H R - FULL TIDALco X MH -N_C T _ s¢ NON TIDALCELL = / O o Y ¢ yJP :NON TIDAL _ ML RABBIT ISLAND ��� _ - BOLSA BAYs �` NONTIDAL_ C7 U} OUTER BOLSA-BAYto MUTED TIDAL = O FULL TIDALCcW U O -_ — a R - - - PACIFIC COAST HIGHWAY ¢¢J w m BOLSA CHICA STATE BEACH wQ��z >m0OZ w o U 0 wQzw PACIFIC, OCEAN ¢ s BOLSA CHICA REVISED "OPTION A" LAND USE PLAN(2,500 UNITS) E L EGENO LAND USE DISTRICT : Q CONSERVATION � FO Eli BOLSA RECREATION /� CHICA _ REGIONAL PUBLIC FACILITY /✓ \\�T� PARK © LOW DENSITY RESIDENTIAL // qy9,� // \\G"9� //' ,�' (3.5-6.5 DU/ACRE) ML MEDIUM-LOW DENSITY RESIDENTIAL // \� // Q �9 (6.5-12.5 DU/ACRE) Fm--H-1 MEDIUM-HIGH DENSITY RESIDENTIAL (12.5-18 DU/ACRE) NC NEIGHBORHOOD COMMERCIAL cy/ / - - - C,9 / _ SEASONAL sr// L L - PONDS COUNTY LCP AREA BOUNDARY 10 BICYCLE! _ ` 100 / ML L - HIKING 1N _PF= PF TRAIL = 1D MIL j 10 Q UTED TIDAL c vp� MH - SEASONAL PONDS Sy o R' FULL TIDAL _22 Q _ _ O cr Y Er MH NC - _ - hNON TIDAL - DFG CELL yaML RABBIT_ISLAND - _ _ _ ¢} NON TIDAL - = - O w t=-Y NON TIDAL= _ - - O it QJW � � s ¢ coMUTED TIDAL _ LL W z W OUTER BOLSA BAY = _ -° - = o o Z W Z - W Q LL FULL TIDAL no O Z O UZW PACIFIC COAST HIGHWAY uj Q CHICA L O A BSA STATE BEACH I it PACIFIC OCEAN BOLSA CHICA REVISED "OPTION B" LAND USE PLAN(3,200 UNITS) E9 I RECEIVED FROM '[Ow AND MADE A PART OF THE RECORD AT THE COUNCIL MEETING OF -{S OFFICE OF THE CITY CLERK CONNIE BROQKWAY,CITY CLERK Ad310 A.110 JkVMNpo q 31NNOO NE131O A1.10 3Hl 30 301330 ja^fig-8 3O0NI133W110Nf1OJ 3H1 1V OHO03H 3H1 jO laVd V 30VW ONd {�1% • WOti3 03AI3338