HomeMy WebLinkAboutJoint Council Bolsa Chica Committee/Huntington Beach Environ CITY OF HUNTINGTON BEA
City Council Communication 09-66-- al
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TO: Honorable Mayor and City Council Members
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FROM: Connie Boardman, Chair of the City Council Committee on the Bolsa�hicw+on T
behalf of Ralph Bauer and Peter Green nJ, c�;
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DATE: August 2, 2001
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SUBJECT: C-ITEM FOR AUGUST 6,2001 CITY COUNCIL MEETING =
BOLSA CHICA LOWLANDS RESTORATION W D
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On July 30, 2001,the City Council Committee on the Bolsa Chica met in a joint session with the City
of Huntington Beach Environmental Board to discuss a preferred restoration alternative and
recommendation to the City Council for the Bolsa Chica Lowlands based on public testimony and the
analysis presented in the EIR/EIS for the Lowlands restoration.
The meeting was attended by approximately 45 people including representatives from several
regulatory agencies that are overseeing the restoration process such as State Lands Commission,U.S.
Fish and Wildlife Service and National Marine Fisheries Service. The Committee heard testimony
from 19 members of the public, and a presentation was made by a consultant for the State Lands
Commission on additional water quality modeling that has been completed.
The proposed project that is supported by the regulatory agencies (Restoration Steering Committee)
includes a full tidal basin and an ocean inlet near Huntington Mesa. It also maintains existing flow
from the East Garden Grove Wintersburg Channel (EGGWC)to Outer Bolsa Bay(then to
Huntington Harbor).
In previous actions in 1995 and 1999,the full City Council has voted that it is in favor of the tidal
inlet if it is designed in a manner which will have no adverse impact to the beach,public recreation,
or be detrimental to public safety,health,or welfare;the site planning of open space,park trails,
ecological reserves or other open space amenities. The City Council has also voted that is in support
of 100 percent diversion of the EGGWC flow into the wetlands and not into Outer Bolsa Bay and the
Harbor.
At the July 30"'meeting,the City Council Committee on the Bolsa Chica voted 2-1 to recommend
that the City Council support a tidal inlet near Huntington Mesa, consistent with the proposed
project,with Council Member Boardman opposed. Planning Commissioner Ed Kerins also voted to
support the tidal inlet.
The City Council Committee on the Bolsa Chica also voted 2-1 to recommend that the City Council
support maintaining the EGGWC flow to Outer Bolsa Bay and not divert the flow to the wetlands,
consistent with the proposed project,with Council Member Bauer opposed. Planning Commissioner
Ed Kerins also voted to support the motion.
c: Ray Silver,City Administrator
William Workman,Assistant City Administrator f ,✓(��
C:\My Documents\bolsa chica.doc
(9) August 6, 2001 - Counogency Agenda - Page 9V
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C-1. Council Committee/Council Liaison Reports
C-1 a. (City Council) Update on the July 30, 2001 Joint Meeting Between the Bolsa Chica 11`_
Council Committee and the Huntington Beach Environmental Board Re: the Status
of the Lowland Restoration Project ( . )
Communication was received from Councilmember Connie Boardman, Chair of the City
Council Committee on the Bolsa Chica on behalf of Council Committee Members Ralph
Bauer and Peter Green transmitting that:
On July 30, 2001, the City Council Committee on the Bolsa Chica met in a joint session
with the City of Huntington Beach Environmental Board to discuss a preferred
restoration alternative and recommendation to the City Council for the Bolsa Chica
Lowlands based on public testimony and the analysis presented in the Environmental
Impact Report/Environmental Impact Supplement (EIR/EIS) for the Lowlands restoration.
The meeting was attended by approximately 45 people including representatives from
several regulatory agencies that are overseeing the restoration process such as State
Lands Commission, U.S. Fish and Wildlife Service and National Marine Fisheries
Service. The Committee heard testimony from 19 members of the public, and a
presentation was made by a consultant for the State Lands Commission on additional
water quality modeling that has been completed.
The proposed project that is supported by the regulatory agencies (Restoration Steering
Committee) includes a full tidal basin and an ocean inlet near Huntington Mesa. It also
maintains existing flow from the East Garden Grove Wintersburg Channel (EGGWC) to
Outer Bolsa Bay (then to Huntington Harbor).
In previous actions in 1995 and 1999, the full City Council has voted that it is in favor of
the tidal inlet if it is designed in a manner which will have no adverse impact to the
beach, public recreation, or be detrimental to public safety, health, or welfare; the site
planning of open space, park trails, ecological reserves or other open space amenities.
The City Council has also voted that is in support of 100 percent diversion of the
EGGWC flow into the wetlands and not into Outer Bolsa Bay and the Harbor.
At the July 30, 2001 meeting, the City Council Committee on the Bolsa Chica voted 2-1
to recommend that the City Council support a tidal inlet near Huntington Mesa,
consistent with the proposed project, with Council Member Boardman opposed.
Planning Commissioner Ed Kerins also voted to support the tidal inlet.
The City Council Committee on the Bolsa Chica also voted 2-1 to recommend that the
City Council support maintaining the EGGWC flow to Outer Bolsa Bay and not divert the
flow to the wetlands, consistent with the proposed project, with Council Member Bauer
opposed. Planning Commissioner Ed Kerins also voted to support the motion.
[Motion (1): That the City Council support a tidal inlet near
Huntington Mesa, consistent with the proposed project-
Approved 5-1-1 (Bauer No; Dettloff abstain)]
(Continued on Next Page)
(10) 0 August 6, 2001 - Counogency Agenda - Page 10
[Motion (2): That the City Council support maintaining the East-
Garden Grove-Wintersburg Channel (EGGWC) flow to Outer
Bolsa Bay and not divert the flow to the wetlands, consistent
with the proposed project- Approved 5-1-1 (Bauer No; Dettloff
abstain)]
[Motion (3): That the three flood control channels which empty
into the Huntington Harbour be diverted to the sanitation plant
as soon as possible. Discussion ensued which resulted in
maker of motion and the second changing Motion (3) to address
the Wintersburg Channel only as set forth in Motion (2)
previously adopted- Approved 6-0-1 (Dettloff abstain)]
[Motion (4): That the Restoration Committee be contacted and
that they be requested to send a restoration timeline, a budget
for the restoration, and that a city and county representative be
invited to attend all meetings of the Restoration Committee or
any subcommittee thereof- Approved 6-0-1 (Dettloff abstain)]
[Councilmember Bauer to return at next meeting with a memo re: the
other two flood control channels.]
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To: Mayor Pro Tern Debbie Cook ,
Council Member Shirley Dettloff o_,
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From: Frank Caponi, Chairman D n
Environmental Board _
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Subject: Final Environmental Impact Report/Environmental Impact Statement
For the Bolsa Chica Lowlands Restoration Project
Date: August 2, 2001
The Environmental Board("Board")has reviewed the Final Environmental Impact
Report/Environmental Impact Statement for the Bolsa Chica Lowlands Restoration
Project ("FEIR/EIS"), dated April 2001, and recommends support of the proposed
Project/Preferred Alternative ("Project"). Enclosed is a summary of our positions on key
issues, some of which differ from earlier positions taken by the City. We believe it is
timely for the City Council to review the proposed Project elements, formulate a final
position regarding the Project, and submit comments to the CEQA Lead Agency as well
as other principal agencies responsible for approving this project. We believe a position
by the City Council is critical to ensuring the City's interests are fully considered.
The Project (Concept Plan without Flood Control Diversion Structure) is restoration of
850 acres of the Bolsa Chica Lowlands to create wetland and habitat areas, including
366.5 acres of full tidal and 200 acres of muted tidal habitat. The existing oil field
operations would be phased out, a tidal inlet would be constructed to restore full tidal
influence to portions of the Lowlands, and discharge of the East Garden Grove
Wintersburg ("EGGW")Flood Control Channel would remain through Outer Bolsa Bay
into Huntington Harbor. Several sub-alternatives were also identified, each containing
provisions for accelerating construction of future full tidal basin areas.
The Board concurs with the FEIR/EIS conclusion that, in comparison to the alternatives,
the Project is a superior option for meeting the wetland restoration goals. The Board
found that leaving the EGGW Channel routing into Outer Bolsa Bay would avoid
discharging urban pollutants into the full tidal basin,particularly during storm events,
which could disturb natural habitats, expose swimmers to bacteria, and cause beach
closures. The Board also found that a tidal inlet is necessary to provide the quantity and
quality of open water to support a diverse and healthy aquatic community. Contrary to
some public perceptions, the tidal inlet would not result in a loss of beach parking nor
eliminate a significant amount of surfing and recreational beaches. Also, since the
EGGW Channel would not flow into the full tidal basin, urban contaminants would not
migrate through the inlet to the beaches.
On October 16, 2000 the City of Huntington Beach submitted its comments on the
FEIR/EIS to the State Lands Commission. The letter to the Commission stated that the
City supports restoration of the Lowlands and offered many comments, including(1)
need for care in the design of the tidal inlet and (2) support for completely diverting the
EGGW into the full tidal basin. The letter did not express support or opposition to the
Proposed Project.
Several agencies are involved in the review and approval of the Proposed Project. The
California State Lands Commission, as the CEQA Lead Agency, is charged with
considering certification of the FEIR/EIS. The US Fish and Wildlife Service and US
Army Corps of Engineers, as the NEPA Lead Agencies,will issue a Record of Decision
on the FEIS and the Project. Final review by other agencies, including the California
Coastal Commission will begin as early as August 9, 2001. A position by the City
Council is likely to influence the actions taken by the Steering Committee on this
restoration. The timing of adopting this position is important to ensure that the City's
interests are fully considered.
Although the Board had previously recommended that the City support the proposed
Project, the Board believes that the City Council should adopt a position only after
considering the input from the City's many diverse interests. The Board discusses
several issues for consideration by the City Council in an enclosure to this letter as
follows:
• Position favoring the proposed Project
• Position favoring routing of EGGW Channel via Outer Bolsa Bay
• Position favoring tidal inlet to satisfy habitat demands
• Position to maintain visual access from Pacific Coast Highway
• Position to require public review of oilfield contamination and remediation plan
The Board is also willing to assist the City Council and the Bolsa Chica subcommittee
toward adopting a position in support of the proposed Project.
Enclosure
cc: Mayor Pam Julien Houchen
Council Member Ralph Bauer
Council Member Peter Green
Council Member Connie Boardman
Council Member Dave Garofalo
POSITIONS ON KEY
ISSUES RELATING TO THE
BOLSA CHICA LOWLANDS RESTORATION PROJECT
1. Position Favoring the Proposed Project: The Final Environmental Impact Report/
Environmental Impact Statement(FEIR/EIS) for the Bolsa Chica Lowlands
Restoration is the culmination of three years of studies by the United States Army
Corps of Engineers,United States Fish and Wildlife Service, the California State
Lands Commission, and their environmental and engineering consultants. The
FEIR/EIS concludes that the proposed Project is the superior option for meeting the
wetland restoration goals. A diverse community of fishes and marine invertebrates
would be created in the full and muted tidal basins that will provide a food source for
birds and terrestrial species. New vegetation communities and mudflats will provide
over-wintering habitat for migratory birds and nesting, foraging, and roosting sites for
endangered species such as the California brown pelican, California least tern, and
western snowy plover.
The new cordgrass areas may become colonized by the endangered light-footed
clapper rails and larger pickleweed areas under tidal influence will provide habitat for
the endangered Belding's savannah sparrows. The proposed Project will also
preserve non-tidal habitats, including seasonal ponds, sand flats, and perennial
brackish ponds. Although the other alternatives in the FEIR/EIS increase the amount
of tidally influenced habitat,none attain the species diversity or habitat quality of the
proposed Project. In addition, the tidal inlet will provide environmental offsets which
are the basis for current Project funding.
2. Position Favoring Routing EGGW Channel via Outer Bolsa Bad In it's letter to
the State Lands Commission dated October 16, 2000,the City stated that"The
restoration plan must include 100% diversion of the Wintersburg Channel into the
wetlands not into Outer Bolsa Bay and Huntington Harbor." The FEIR/EIS
considered three alternatives that would allow the EGGW Channel to flow into the
restored wetlands. It was determined that this Channel would bring freshwater and
pollutants from a highly urbanized watershed,particularly during storm events, that
would disturb aquatic communities and harm birds feeding upon these animals. As
these same alternatives included a tidal inlet, the study found that storm flows would
expose swimmers to high levels of bacteria and cause beach closures. Therefore, any
flow of this Channel into the Lowlands would be detrimental to the natural habitats
and beach water quality.
Should Channel discharge into the Lowlands be considered, treatment of the water
prior to entry into the wetlands would be necessary. Finally, regardless of whether
the Channel flows into or bypasses the Lowlands, integrity of this Channel for flood
control purposes must not be compromised after the restoration is completed. Since
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the County of Orange is responsible for integrity of the flood control channel and
future modifications needed to insure 100-year flood containment capability, it would
be appropriate for dialogue with the County to insure projects are in place to protect
the wetlands.
3. Position Favoring a New Tidal Inlet: The FEIR/EIS concluded that a tidal inlet is
necessary to allow for the quantity and quality of open water to support a diverse and
healthy aquatic community. A tidal inlet would allow for tidal flushing and
significantly increase the amount of cordgrass and pickleweed habitats for
endangered birds. An alternative that excludes a tidal inlet was found to have the
lowest habitat benefits. As tidal flows would occur only during neap tides (once
every two weeks)under that alternative,marine fishes would have limited access to
the wetlands. The"no inlet"alternative would only slightly enhance over-wintering
habitat and marginally increase foraging habitat for birds. It is also possible that the
lack of an inlet will jeopardize the use of funding from the Ports of Los Angeles and
Long Beach for the restoration work.
Acknowledged Public Concern: There is public opposition to the inlet,primarily
over concerns that beach parking would be eliminated, urban contaminants and
bacteria would pollute beaches, and surfing areas would be reduced. The FERVEIS
found that the construction of a tidal inlet would not result in any permanent loss of
beach parking. The inlet would eliminate less than 0.7% (400 feet) of the eleven
miles of surfing and recreational beaches between Anaheim Bay and the Santa Ana
River. Also, since the EGGW Channel would not flow into the wetlands under the
proposed project,bacteria and heavy metals from this Channel would not be able to
migrate through the inlet and impact the beaches.
4. Position to Maintain Visual Access from Pacific Coast Highway The City's
October 16, 2000 letter stated that"current panoramic views of the wetlands/open
space provided to the traveling public along Pacific Coast Highway("PCH") and
Warner Avenue should be maintained or enhanced."The Environmental Board agrees
with the City's comment that the elevation of PCH should be raised in those areas
where visual access is reduced due to dike construction within the wetlands. The
Board's observations of the Dunes Restoration area near the Talbert Marsh along
PCH found that the constructed diking completely blocks views of much of the marsh
from PCH. The proposed Project plans include dredging and the construction of high
dikes to protect adjacent areas from tidal fluctuations. These dikes can prevent
viewing significant portions of the site from PCH once restoration is completed.
Since PCH is identified as a Major Urban Scenic Corridor in the City of Huntington
Beach General Plan (1996) and a significant portion of PCH is below the proposed
dike height,visual access may be reduced. Since the dikes could impair the view
from PCH, and thereby adversely impacting the passengers riding in the 31,000
vehicles per day passing Bolsa Chica, this impact should be mitigated. As the
planned dikes may reduce highway noise impacts upon wildlife, other measures to
mitigate the highway noise impacts may be needed if the dikes are eliminated.
5. Position About Public Review of Oilfield Contamination and Remediation Plans:
Oilfield Contamination: Before the wetlands can be restored, contamination from 80
years of oilfield activities must be remediated. There are 430 active and abandoned
oil wells, 17,500 feet of abandoned oil pipelines, 10,500 feet of abandoned wet gas
pipelines, and a 12,000 foot long wet gas pipeline. These areas have a history of
leaks and spills. Soil sampling has found volatile organic carbons,polyaromatic
hydrocarbons, and petroleum hydrocarbons. As many as 38 open, unlined sumps
used for disposing drilling mud, oil/water separation wastes, brine, and other oily
wastes, exist at the site. These sumps were found to contain heavy metals, including
arsenic, and elevated levels of polyaromatic and petroleum hydrocarbons. Three
former and current tank farm areas have similar contamination. The tidal inlet is to
be constructed in the whipstock area,which has extensive contamination from oil
wells,pipelines, and electrical transformers.
Contamination Cleanup Plan: The field investigation and ecological risk
assessment to determine how much soil to clean, and the associated criteria are not
complete. As such, the FEIR/EIS does not disclose this important information about
the cleanup. Although the oil operators have agreed in principle to remediate the
contamination, they have not yet committed to a specific cleanup plan or criteria.
While the City may not wish to be actively involved in the cleanup negotiations or
oversight, the Board maintains that the City and the public must be assured that the
residual contaminants after the cleanup should be compatible with the aquatic and
terrestrial habitats. Without a cleanup plan,the restoration schedule will become
uncertain and subject to lengthy delays. The conditions of the final cleanup
agreement between the responsible parties and the lead regulatory agencies could also
affect the ultimate configuration of the wetland areas.
Contamination Cleanup Impacts: The FEIR/EIS briefly mentions the cleanup and
does not discuss the cleanup methods and the associated environmental impacts. Oil
field remediation often entails excavation of contaminated substances, on-site
treatment such as bioremediation,hauling of contaminated soils and materials to off-
site treatment or disposal facilities, and backfilling of excavated areas with clean soil.
These methods can cause dust,noise, air emissions, and significant truck traffic
needed to haul contaminated soils through the City. Such environmental impacts
must be analyzed and mitigation measures implemented to eliminate or reduce these
impacts to insignificant levels. The lack of thorough discussion of contamination
levels and mitigations in the FEIR/EIS makes the project description incomplete and
the analysis of environmental impacts associated with the restoration inadequate.
Public Review: Complete disclosure of contamination levels and remediation plans
is imperative. Although the remediation actions are based upon a voluntary approach,
Board believes the public needs information and some form of participation in the
cleanup process. A supplemental EIR could be developed or a series of public
meetings to disclose contamination levels and remediation details could be scheduled.
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These events would be similar to those used at many other cleanup sites and include
such elements as analytical methodology, site characterization, evaluation of
alternatives, and final remedy. Although there may typically be significant structure
to these requirements, flexibility can allow the parties to proceed at a more efficient
rate. Such public review is important to keep the community informed, disclose
significant environmental impacts and the mitigation measures, and provide a forum
for the agencies to listen to the public's concerns. Public meetings at milestone
events would also be appropriate where the voluntary remediation program
representatives would review progress, major issues, and project schedules.
Comments from the public could be accepted at these meetings for consideration.
Aug 03 01 03: 35p DTSC 714-4843
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CITY OF
August 2, 2001 HUNTI'NC T ON BEACH, CA
1001 AUG -3 P 4- 0 2
The Honorable Pam Julien Houchen
Mayor of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Houchen:
At the request of City Council, I am pleased to provide the following text of
my remarks made to the Bolsa Chica Subcommittee on July 30, 2001:
While on the Environmental Board,I raised an issue, which the Board
agreed to carry forward, about the need for a City position on the Bolsa
Chica Wetlands Restoration Plan described in an Environmental Impact
Report(EIR). In a letter to the agencies who prepared the EM the City
provided outstanding comments and issues on the plan,but what was
missing was a position supporting or opposing the plan. This plan has
generated significant interest in the community and among stakeholders. Yet
no single entity has as much at stake as the City-of Huntington Beach. In
addition to the environment,the City's residents, businesses, and visitors
stand to benefit greatly from this restoration. The City has much to lose
from a bad restoration, or even from one that is delayed. Given our City's
vital interests in this restoration, the City should take a position on the plan.
I have heard one Council Member say it best, "if this City is to be a player in
this restoration, it has got to take a position and make it known."
I offer some considerations toward developing a City position. The inlet is
unquestionably the most controversial element of the Restoration Plan, and
there are excellent pro and con arguments about the need for an inlet. The
Port's of Los Angeles'and Long Beach mitigation credits must be examined
closely. These credits amount to$80-90 million as compensation for the
loss of habitat from the dredging and filling activities in the ports. I
understand that this money can only be used to create or restore habitat
similar to what was lost at the Ports,an inlet is considered critical to creating
this habitat at Bolsa Chica. In developing a position, the Bolsa Chica
Subcommittee should examine whether eliminating the inlet will jeopardize
the use of the mitigation credits, and if the lost funding can be replaced.
SAFE (0MMVNIC)kTioN
C
Aug 03 01 03: 36p DTSC 714-484-5444 p• 3
Another consideration is the flow of the East Garden Grove Wintersburg
Channel. In the Restoration Plan the Channel would flow around the
restored wetlands. This differs from City Council's position that it should
flow into the wetlands. The Channel carries considerable inland pollutants,
including oil and grease,pesticides,heavy metals, and microbes. 'These
pollutants could be introduced into the Wetlands that would make oil field
cleanup efforts futile and endanger animals and sensitive habitats. Users of
the State Beach would be exposed to these pollutants if they flowed out of
the inlet,particularly during storm events. Should the Bolsa Chica
Subcommittee recommend changing Council's original position on the
Channel flow into the wetlands,there needs to be assurance that
contamination from the Channel, particularly bacterial, will not threaten the
health of residents and swimmers in Huntington Harbor.
Finally,I am concerned that the EIR discusses little about the oil field
cleanup. As a professional in the site remediation field,I know that the
cleanup will be extensive. Some 430 wells, 38 open sumps, three former
and current tank farm areas, and nearly eight miles of pipelines must be
cleaned up. This work can cause dust, noise, air emissions, and trucks
hauling contaminated soils through Huntington Beach. The EIR should
disclose these impacts to the City and,its residents so that they can provide
meaningful input to the mitigation measures. As such,the City should insist
that a supplemental EIR or other CEQA document be prepared for the
,cleanup.
I wish to thank you and the Members of City Council for their interest in
these remarks. I hope the remarks will be useful to City Council when
.considering a position on the Bolsa Chica Wetlands Restoration Plan.
c y,
J hn Scandura
17492 Valeworth Circle
Huntington Beach, CA 92649
cc: Ricky Ramos, Planning Department
Environmental Board Liaison
RVC 03 01 03: 35p DTSC 714-484-5444 p- 1
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Catifornia Environmental Protection Agency , oR
Department of Toxic-Substances Control
Southern California Region e
Office of Military Facilities
5796 Corporate Avenue
Cypress,California 90630
Tele No.:(714)484-5456 +Fo K'*
Date: 3 Z dv No. of pages (including cover): 3
TO: i /Ca S Fax No.: /7 37 -/6 7 g-
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From: John Sc ndura.. Contact No: .(714)484-5456
Subject ta. � ri: gr
Comments:
❑ Urgent-Hand carry! E1YPer your Request
❑ Confidential ❑ Please Comment
❑ Information ❑ Original will 1 Will not follow
FAX: (714)484-5437
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Bob Polkow
21772 Oeeanview Lane
Huntington Beach,Ca 92646-8215
Home Phone 714 962-4810
Email RPolkow@aol.com Z
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August 05,2001 Q. Z
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SUBJECT: Bolsa Chica Controversy D a�'
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What is democracy? I am not going to answer this elementary question that anyone that has' n
attended basic civics can answer. There is no question that our government envied throughout
the world is,yes,a democracy;but an article in the Huntington Beach Independent"Support for
wetlands inlet rising"Aug2-8.ol. is either out of step with the democratic principles of our State
or it is a gross misprint.
If support to flood this mud flat at the expense of destroying a pristine beach that is now a State
park owned by every taxpayer in California is rising,who are the proponents that supposedly are
causing this swell of support? I doubt if any of the inland residents know that a small self
serving group is using the media to imply that they are the champions of all those of us that have
reveled in the beauty of Bolsa Chica State Beach. This small group would have us believe that
the dredging out bone dry land,destroying a large swatch of the beach to allow an inlet to this
created mud hole,building a bridge over Pacific Coast Highway and creating an impassable
block from one side of the dredged inlet to the other is the way democracy works in our State
Have these self styled champions of democracy,both elected and appointed by the elected,
canvassed the people that own this beautiful beach? Of course not,they obviously think they
know what is best for everyone.. What ever happened to the axiom that elected officials and
those appointed by them are to do,as a group,what the individual taxpayer cannot do as an
individual? Isn't this a paraphrase of President Lincoln's definition of a democracy?
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Unfortunately we have a few small well organized groups that ignore the established democratic
principal and believe space now used the human species should be sacrificed to create a mud
pond for the birds and a likely source of contamination of our beaches;and,what galls me is that
they will probably get away with it because the average taxpayer has been lulled by politicians
with the help of the media to accept their judgment instead of representing our best interests.
As for me,I say fill in that contaminated mud hole,there is plenty of natural wetlands to the
north and south of Huntington Beach to satisfy the needs of the birds that these small groups
think deserve more use of tax money than those that pay it. Let's convert this ill used land to a
park for the human species and as a result see some long range positive results for all
generations,not just a muddy wading pond for a few birds. LF.AVF.OUR BEACHES ALONE.
A park across from Bolsa Chica State Beach with some strategically planted shade trees would
soon be the envy of our entire coast and not become an Albatross hanging from the neck of the
taxpayers.
RESPECTFULLY
BOB POLKOW. 21772 Oceanview Lane,Huntington Beach,Ca 92646-8215(714)962-4810
°roe.!3.b alkoia Fax: +1(714)96_--.4% ri 0 o: --ity Clerk Fax: +ii.7_4)374-1357 • Faae 1 of 3, �.:1da_-, Au...>>* 05; _CQ' 4:53nm
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Facsimile Cover Sheet
To: City Clerk
Company:
Phone:
Fax: +1(714)374-1557
From: Bob Polkow
Company:
Phone: +1(714)962-4810
Fax: +1(714)962-4810
Date: 8/5/01
Pages including this
cover page: 3
Comments:
Agendized item C-la. August 6, 2001 Council meeting
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Bolsa Chica A Non-Profit, Non-Political Corporation for the Benefit of Bolsa Chica Wetlands
Conservancy
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August 3, 2001 0 —'
Pam Julian Houchen, Mayor I =
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City of Huntington Beach
2000 Main Street 'T, r
Huntington Beach,
CA 92648 �; D
Dear Madam Mayor,
Please accept our comments to the State Lands Commission, about the lowlands
restoration plan, as the Bolsa Chica Conservancy's input to the Huntington Beach
City Council.
We feel that water quality is critical to the success of the restoration project. Therefore,
we support a new tidal inlet and we support the flood control channel remaining in its
current configuration.
Best wishes,
��
���i1�i� r*sn `
Executive Director
Email
adrianne@boisachica.org
Phone
(714)846-1114
Fax
(714)846-4065
3842 Warner Avenue
Huntington Beach
California 926494263
LJNT- E CW M UA NICAI r�
1
Bolsa Chica
A Non-Pro fit, Non-Political Corporation for the Bene fit of Bolsa Chica Wetlands
Conservancy
August 1, 001
Mr.Dwight E. Sanders
California State Lands Commission
100 Howe Avenue, Suite 100-South
Sacramento,California 95825-8202
Subject: Comments on Bolsa Chica Lowlands Restoration
Dear Mr. Sanders:
The Bolsa Chica Conservancy is an apolitical,non-profit public benefit organization whose 11-
year-old chartered purpose is to restore and preserve the Bolsa Chica Wetlands, conduct
research in wetlands and educate our youth and public on wettand issues. We submit the
following as comments on the Bolsa Chica Lowlands Restoration:
1. We recognize that the tidal inlet,although a contentious issue, is critical to the success of
the restoration of the lowlands.However,some of our members continued to be troubled by
the trade-off and risk of erosion and loss of a beautiful white sand beach at Bolsa Chica
State Beach.We will be looking toward the assurances of contracts and financial agree
agreements for maintenance of the ocean opening and sand replenishment to be carried out
f on a regular 2-5 year basis.
6
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The Conservancy would be in favor of a smaller opening,if feasible,through the advance
design phase of the ocean inlet.This would be less damaging to the existing habitat and less
costly to construct.
2. The construction of the PCH Bridge over the new inlet will alleviate the seasonal flooding
and closing of PCH. However,we would urge you to encourage Cal Trans to plan and
improve the entire stretch of Pacific Coast Highway at the same time so that the drainage,
dividers, and traffic flow could all be improved for the benefit of the wildlife and the
commuters. Certainly there must be a financial benefit to all in letting a contract for the
entire project instead of just doing parts of it over a period of time.
Email 3. The Conservancy would like to see the project retain the visitor and public access that now
adriannc@boisachica.org exists—and is exceptionally well-visited—for habitat viewing in the Bolsa Chica
Phone Ecological Reserve's nesting and resting areas at the end of the Walkbridge in Cell 4.
(714)846-1114 Annually,thousands of school children and guests,including very young children and
Fax handicapped adults, are able to enjoy the many birds that nest and loaf in this area.
(714)846-4065
3842 Warner Avenue 4. We would like to see the project retain Cell 4 for nesting purposes. Although only a small
3842 nglon A en percent of the Western Snowy Plovers,a threatened species,nest in Cell 4,and half of their
California 926494263 nests are lost to predators,the idea of destroying the existing breeding cell and creating a
new breeding area for them elsewhere seems to be rather unconscionable and assumes a
very high unnecessary risk. This seems contrary to one of the Project's goals of maintaining
existing critical habitat values,particularly in light of the concern for the recovery success
of this species.
5. The Bolsa Chica Conservancy would like to offer its services to the Steering Com-
mittee. Although the State has owned the property for over four years,habitat has not been
improved.The Conservancy can assist by working with the community on(1)germinating
and/or planting pickelweed; (2)removing invasive plants on Rabbit Island; (3)assisting
with the removal of the telephone poles which create perches for predators; (4)revegetating
and improving the destroyed wetlands used for bicycle jumping; and(4)submitting our
water quality data for your review.
6. We concur with the proposed plan that the East Garden Grove Wintersburg Flood Control
Channel should continue to drain into Outer Bolsa Bay and Huntington Harbour. As you
know,the runoff from EGGWFCC,which empties near at the Tide Gates,mixes with the
incoming tide,and flows into Inner Bolsa Bay daily,during high tide.Even a small amount
of clean water from the new inlet,which can be mixed with the Reserve's water,would help
dilute the pollution for the benefit of both Inner and Outer Bolsa Bay,as well as for the
Harbour and Anaheim Bay.
Again,we would urge you to use your influence and to work cooperatively with the Orange
County Flood Control and the Sanitation District to improve the water quality of the
EGGWFCC runoff so that the existing Ecological Reserve will benefit.
7. We feel that the report entitled,"Numerical Modeling of Potential Water Quality
Impacts from Bird Use of the Bolsa Chica Wetlands",prepared for the State Coastal
Conservancy,dispels any questions and concern which the public may have about increased
bird bacteria which may emanate from the marsh.
In conclusion,we are pleased to see the progress made by the Steering Committee on the
Restoration Plan.We support the Proposed Plan with the tidal inlet at the south end of Bolsa
Chica Wetlands.We would encourage you to retain Cell 4,to work diligently with Cal Trans on
Pacific Coast Highway improvements and the Orange County Flood& Sanitation Districts on
improving the water from the EGGWFCC.The Bolsa Chica Conservancy continues to offer our
services to further the Proposed Plan in anyway we can.
Sin erely, ,
e IZold Chairman A�rianneon,Ift.Director
Cc: Mary Nichols, Secretary, California Resource Agency
Bob Hight,Director, Department of Fish and Game
Sara Wan,Chair California Coastal Commission
Pam Julian Houchen Mayor,City of Huntington Beach
REt FROM4,8 �
AND MADE A PART OF THE REC RD T
COUNCIL MEETWI OF A
OFFICE OF THE CITY CLEW
CONNIE BROCKWAY,CITY CLERK
ITEM# (_.-
Health Care Agency/Environmental Health Ocean and Harbor Bacteriological Monitoring Program
Total Coliform(TC)Fecal Coliform(FC),Enterococcus(ENT)Colony Forming Units/100 mi Sample
STATION I Location Description 1123/01 1/31►01 2/7101 2114/01 i 2122101 2128101 317101 3114101 3121101 3128101 414101 4111101
HUNTiNGTON.HARBOUR(in Harbour) RAIN RAIN RAIN RAIN
BHH08 Bolsa Bay TC 20 40 80 2400 170 NS 2200 <20 20 1800 1410 80
EC 41 <10 52 934 51 NS 74 10 10 10 30 20
ENT 0 <10 30 1565 <10 NS 30 10 <10 30 <10 <10
MHH07 Sunset A uatk:Marina TC 220 300 40 >16000 170 >16000 ' 16000 220 10 10 70 88
EC 10 63 10 1493 00 7701 249 52 <10 10 <10 10
ENT 41 10-20—- 5794 31 8488 121 63 10 00 10 <10
BHH15 Mother's Beach TC 20 <20 80 16000 3000 NS >16000 90 530 <10 10 60
EC 10 52 41 1483 20 NS 416 10 520 10 <10 10
ENT 1 < 41 10 231 1 40 10 10 <10
BHH12 Trinidad Lane Beach TC 20 <20 80 >16000 40 NS 1700 800 20 10 20 20
EC 20 10 20 906 <70 NS 132 556 <10 <10 <10 <10
ENT 10 20 31 4106 <10 S 9 10 10 <10 <10
BHH09 Sea Gate TC 20 <20 <20 1700 <20 NS 20 40 10 <10 20 <10
EC <10 <10 <10 256 <10 NS <10 <10 <10 <101 <10 <10
ENT <1 <10 10 86 <10 NS 10 20 <10 <101 10 <10
BHHO6 Humboldt Beach TC <20 <20 3000 16000 1701 NS 1700 <20 <10 <10 <10 10
EC <10 4410 73 906 109 NS 120 10 <10 <10 <10 <10
ENT <101 <10 3076 4106 10 NS 98 10 <10 <10 <10 <10
MHH10 Davenport Beach TC <201 80 2400 >16000 500 NS 5000 <20 70 <10 <10 <10
EC C101 <10 10 723 10 NS 160 <10 <10 10 <10 <10
ENT <1O <10 272 2481 10 NS 86 <10 10 <10 30 <10
MHH01 Clubhouse Marina TC 20 2400 170 16000 1100 NS 5000 800 50 TNTC 48M 110
EC 10 <10 52 1112 <10 NS 109 31 <10 10800 3600 130
ENT 10 20 10 <10 S 0 600 340 <10
Harbour anne 70 86
EC <10 10 10 1187 <1 N 34 <10 120 <10 <10 <10
ENT 20 <10 <10 4106 31 122 20 10 <10 10 <10
BHH04 11th Street Beach TC 40 20 1300 16000 300 NS 1100 20 40 60 90 10
EC 30 203 907 907 63 NS 96 <10 <10 70 30 <IO
ENT 74 1 60 33 8 S 9 10 70 180 40 30
BHH11 Admiralty Drive TC 130 110 <20 16000 170 NS 22DO 40 10 <10 10 30
EC 160 63 10 884 <10 NS 52 30 10 <10 30 <10
ENT 313 41 41 1 1 NS 41 20 10 30 <10
MHH14 Anderson Street Marina TC 40 80 20 >16000 130 NS 3000 220 20 20 20 640
EC 101 31 10 4884 <10 NS 120 10 10 10 <10 10
ENT 86 20 <1 6 1 < 0 10 <10
BHHOS Anaheim Bay-Gas Dock TC <20 70 <20 >16000 170 NS 3000 20 40 -CIOl 10 38
EC 10 <10 41 2987 10 NS1 85 10 10 <101 <10 <10
ENT 20 <10 2 41 NS 20 10 <10 <10 <10
BHHIS Coral a eac 76 10 101 20
C 20 20 461 NS 186 20 <10 <10 <101 <10
ENT 20 10 IMI 86 20 <10 <10 <101 <10
IA�I%A 4 lgo (_S/4 C#16+
L2�
e •r
Health Care Agency/Environmental Health Ocean and Harbor Bacteriological Monitoring Program
Total Collform(TC)Fecal Coliform(FC),Enterococcus(ENT)Colony Forming Units/100 ml Sample
HUNTINGTON:HAiRBOUR h:Haibou <. : ' sneioi:. t swot e�ear SAWN &20)01 AMMY ea�ro�
SHH08 Bolsa Bay TC 120 20 90 <10 <10 40 40 20 - 40 40 10
FC <10 <10 <10 <10 <70 20 10 20 20 20 <10
ENT 10 <10 <10 <10 <10 <10 <10 10 <10 10 <10
MHH07 Sunset Aquatic Marina TC 20 100 100 40 -_t400 40 30 90 10 _1400 40
FC <10 20 30 30 490 10 30 170 10 ;=430 <10
ENT <10 10 <10 <10 80 10 10 30 <10 20 <10
BHH15 Mothers Beach TC <10 <10 10 10 20 20 20 >50 `:1000 100 260
FC <10 10 40 <10 10 10 20 <10 -'76Q 40 30
ENT <10 10 30 <10 30 <10 100 20 20 20 <10
BHH12 Trinidad Lane Beach TC <200 30 70 <10 30 20 40 40 10 -,-300 20
FC 10 <10 <10 200 <10 <10 20 10 10 30 <10
ENT <10 360 10 <10 20 10 10 <10 10 30 <10
BHH09 Sea Gate TC <10 >50 20 <10 <10 >10 90 10 10 10 <10
FC <10 30 10 <10 <10 <10 <10 <10 <10 10 <10
ENT -== 420 <10 10 <10 <10 10 <10 <10 <10 <10 <10
BHH06 Humboldt Beach TC 100 30 220 <10 40 -2600 70 20 <10 200 30
FC <10 10 <10 10 50 780 30 <10 10 >70 <10
ENT 20 20 30 <10 30 10 <10 <10 <10 40 <10
MHH10 Davenport Beach TC 20 <10 110 30 220 >20 140 40 20 50 10
FC 20 10 20 <10 20 30 <10 10 10 <10 <10
ENT <10 <10 10 10 50 <10 <10 <10 <10 <10 <10
MHH01 Clubhouse Marina TC 220 40 180 <10 >4400 <10 510 10 <10 30 20
FC 20 10 40 40 fm 10 -870 <10 :10 <10 <10
ENT <10 10 40 <10 :990 <10 <10 t0 <10 10 <10
a ur hannel 24 3 10 1 <1 <10 <10 2t0 -=4 2
FC 401 40 10 30 <10 <10 <10 10 10 10 <10
ENT 101 10 10 30 10 <10 <10 -'-300 40 100 <10
BHH04 11th Street Beach TC 10 <10 40 30 10 <10 200 10 190 30 50
FC <10 <10 <10 60 20 20 20 <10 180 20 20
ENT 10 20 <10 = `=2Q0 <16 <10 10 <10 <10 10i <10
BHH11 Admiralty Drive TC 50 <10 10 70 20 401 90 <10 10 310 40
FC 30 <10 <10 10 10 <101 30 10 20 801 10
ENT 30 <10 20 <10 40 <101 10 <10 <10 101 10
MHH14 Anderson Street Marina TC 10 •:1000
<10 <10 400 600 600 130 <10 1200 200
FC 20 <10 <10 10 <10 <10 <10 901 30 120 40
ENTI 20 10E40
<10 20 20 <10 10 <10 140 10
BHH05 Anaheim Bay-Gas Dock TC 40 60 70 10 50 70 30 30 _ 220 20
FC 30 10 10 <10 <10 10 10 40 60 10
ENT 10 10 <10 <10 <10 10 40 90 80 <i0
B H16 Coral Beach TC <10 1 -20-10 <10Lpnoir)
50 10 0 50 10
FC <10 <10 20 30 <10 1040 <10 <10 <10 30
NT 10 10 10 <10 <1 < 30 <10 <10 <10 10
Membrane i do 0 ony ormmg mts starts .co eca r
ISSUES CONCERNING THE BOLSA CHICA RESTORATION
Ralph Bauer
August 3, 2001
At a recent meeting of the Bolsa Chica Subcommittee, some issues arose that
the Council and staff may wish to address.
1. The Wintersburg Flood Control Channel is currently being diverted 100% into
Outer Bolsa Bay and Huntington Harbour. The current preferred plan by the
} eight-member restoration committee continues this diversion despite the fact
that the city and the county have voted to divert the channel into the newly
restored wetlands. The urban run-off from the Winterburg Channel adversely
affects the health and safety of the thousands of children and other people
who frequent the beaches of Huntington Harbour. This run-off does not go
through any purification process as would happen in a wetland diversion.
Further, the residence time of the Wintersburg Channel in Huntington Harbour
is 26 days. This means that any toxicity floats around Huntington Harbour for
that time period.
I move that the Wintersburg Channel be diverted either completely into the
restored Bolsa Chica Wetlands or 100% to the Orange County Sanitation
District plant.
2. The housing areas adjacent to the Bolsa Chica Wetlands are in severe
danger of flooding during a hundred-year rain because the houses are at or
below sea level. Any restoration plan for the Bolsa Chica Wetlands must
include a flood control feature. The eight-member restoration committee has
not offered any program for flood control.
I move that any restoration plan of the Bolsa Chica include a flood control
dimension to protect the residents of Huntington Beach.
3. In the discussion at the meeting there were some additional issues that I
believe should be addressed by this Council and our staff.
a) There apparently is no time line for the restoration of the Bolsa Chica.
b) The $60 million available from the ports is insufficient to complete the
proposed plan.
c) Neither the county nor the city is invited to the eight-member restoration
committee or any of its subcommittees.
E
ove that the Restoration Committee be contacted and that they be
uested to send a restoration time line, a budget for the restoration, and
t a city and county representative be invited to attend all meetings of the
storation Committee or any subcommittee there of.
0 •
The Bolsa Chica Wetlands are located within the county and surrounded by
the city. The restoration plan will affect both entities. They should be
included in the process and the city and county should be made continuously
aware of progress. It should be noted that acquisition of the Bolsa Chica
Wetlands occurred five years ago.
i
gl,� C � „ ,�. •+DECEIVED FROM E:�iv�►6Dcr/
• o Q S;JUr'v' AND LON A PART OF COUNCILRECORD 0 NJCOUNCILOFFICE OF THE CITY
CLERK
' COME BROCKWAY,CITY CLERK
UNOFFICIAL VERSION
Original Agreement with Changes Made by the First and Second Amendments
Language added by the First Amendment shown with double underlinin
Language added by the Second Amendment shown with r .; risn
....
Deletions made by both amendments shown as
1 AGREEMENT TO ESTABLISH A PROJECT
2 FOR WETLANDS ACQUISITION AND RESTORATION
3 AT THE BOLSA CHICA LOWLANDS IN ORANGE COUNTY, CALIFORNIA,
4 FOR THE PURPOSE, AMONG OTHERS, OF
5 COMPENSATING FOR MARINE HABITAT LOSSES INCURRED BY
6 PORT DEVELOPMENT LANDFILLS WITHIN THE
7 HARBOR DISTRICTS OF THE CITIES OF
8 T,OS ANGELES AND LONG BEACH, CALIFORNIA
9 THIS AGREEMENT, made the 4th day of October, 1996, is entered into by
10 the UNITED STATES OF AMERICA, acting by and through the FISH AND WILDLIFE
11 SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR ("FWS") , the NATIONAL MARINE
12 FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, UNITED
13 STATES DEPARTMENT OF COMMERCE ("NMFS") , the CORPS OF ENGINEERS, DEPARTMENT OF
14 THE ARMY ("USACE") , and the ENVIRONMENTAL PROTECTION AGENCY ("EPA") ; by the
15 STATE OF CALIFORNIA ("State") , acting by and through the DEPARTMENT OF FISH
16 AND GAME ("CDFG") , the COASTAL CONSERVANCY ("CONSERVANCY") , the RESOURCES
17 AGENCY ("RA") , and the STATE LANDS COMMISSION ("SLC") ; and by the CITIES OF
18 LONG BEACH and LOS ANGELES, acting by and through their respective BOARDS OF
19 HARBOR COMMISSIONERS (collectively, "BOARDS") .
20 RECITALS
21 I. WHEREAS, the BOARDS are empowered by their respective State
22 Tidelands Grants to foster the orderly and necessary development of the Ports
23 of Los Angeles and Long Beach, consistent with the public trust for
24 navigation, commerce, recreation; and fisheries, including the development of
25 new land in the Harbor Districts of the Cities of Los Angeles and Long Beach
26 by landfill, and these developments contribute significantly to the local,
27 regional and national economies by accommodating maritime commerce; and
28 II. WHEREAS, the FWS and the CDFG have as their primary mandates
29 in this matter the conservation, protection, and enhancement of fish and
30 migratory birds and their habitats, including the planning of biological loss
31 avoidance, minimization, and compensation; and the NMFS has as its primary
32 mandate the conservation, protection, and enhancement of marine fisheries
33 resources and their habitats, including the planning of biological loss
34 avoidance, minimization, and compensation; and
35 III. WHEREAS, the USACE has as its primary mandate in this matter
36 the responsibility to ensure adequate and proper mitigation of impacts
37 associated with construction of Federally authorized projects, as well as its
38 regulatory authority pursuant to the Clean Water Act and Rivers and Harbors
39 Act, with permit processing procedures including the 404 (b) (1) analysis and
40 public interest review; and the EPA has as its primary mandate protecting the
41 environment, including restoring and maintaining the chemical, physical, and
42 biological integrity of the Nation's waters; and
43 IV. WHEREAS, the CONSERVANCY has as its primary mandate in this
44 matter the protection, acquisition, and restoration of coastal resources,
45 planning and implementation of coastal wetland restoration projects, and
46 promotion of coastal dependent economic development consistent with the
4 2.5/97 Unofficial Version of Original w/ lst 6 2nd Amendments
I California Coastal Act of 1976; and
2 V. WHEREAS, the RA has as its primary mandate in this matter
3 the coordination and oversight of various departments, boards, and commissions
4 related to natural resource management, including the CDFG, CONSERVANCY, and
5 Coastal Commission; and
6 VI. WHEREAS, the SLC is vested with all residual jurisdiction
7 and authority over tidelands which have been granted to governmental
8 subdivisions, is authorized by Public Resources Code §8625(c) to accept money
9 into its Land Bank Fund for mitigation projects which provide open space,
10 habitat for plants and animals, and public access, and holds title to 327.5
11 acres of the low-elevation lands between the Huntington Mesa and Bolsa Chica
12 Mesa, said low-elevation lands being those generally depicted in the figure
13 which is an enclosure to Exhibit A of this Agreement (the "Bolsa Chica
14 Lowlands" or the "Lowlands") ; and
15 VII. WHEREAS, port development landfills and coastal wetland
16 restoration are subject to State and Federal environmental evaluation pursuant
17 to, among others, the California Environmental Quality Act, National
18 Environmental Policy Act, and Coastal Zone Management Act and are subject to
19 State regulation pursuant to the California Coastal Act, to Federal regulation
20 pursuant to the Clean Water Act and the Rivers and Harbors Act, and to State
21 and Federal regulations pursuant to the State and Federal Endangered Species
22 Acts (collectively, 'IESA") ; and
23 VIII. WHEREAS, the BOARDS anticipate the need for the construction
24 of new landfills that will permanently eliminate marine fish and wildlife
25 habitat and other aquatic functions that FWS, NMFS, USAGE, EPA, RA, and CDFG
26 recommend be compensated by creation or restoration of equivalent aquatic
27 functions and habitat values that would be maintained on a permanent basis;
28 and
29
30 IX. WHEREAS, the parties intend that compensation for the
31 unavoidable, authorized losses of marine habitat and aquatic functions be
32 provided to the extent possible in advance of or concurrently with the losses
33 of habitat and functions predicted from harbor landfills; and
34 X. WHEREAS, the parties concur that advance planning of
35 appropriate compensatory mitigation requires a procedure whereby habitat gains
36 and losses are identified, completion of mitigation is reasonably assured, and
37 credits and debits are accounted; and
38 XI. WHEREAS, the parties concur that creation or restoration of
39 habitat values and aquatic functions within the Harbor Districts to offset
40 large-scale losses of habitat values and aquatic functions from the landfills
41 envisioned in this Agreement within the Harbor Districts (i.e. , onsite
42 mitigation) is not feasible in that adequate areas for appropriate mitigation
43 do not presently exist within the geographical boundaries of the Harbor
44 Districts; and
45 XII. WHEREAS, the USAGE, NMFS, CDFG, EPA, RA, and FWS are of the
46 collective opinion that compensation for unavoidable significant adverse
47 impacts upon the marine ecosystem from Harbor District projects should
48 emphasize the creation of shallow water, tidally influenced coastal embayment
49 habitats to the extent practical, consistent with competing ecological
50 priorities as set out below; and
51
52 XIII. WHEREAS, allowing the BOARDS to provide monies for
53 acquisition, restoration, and maintenance of such shallow water, tidally
54 influenced coastal embayment habitats in order to effect mitigation for loss
55 of such lands in the Harbor Districts due to harbor development would be
4/26197 unofficial Version of Original w/ 1st 6 2nd Amendments 2
a
1 consistent with regulatory mandates for environmental protection and would be
2 consistent with State public trust restrictions on the use of Harbor District
3 revenues so long as title to the acquired lands and any capital improvements
4 thereon is held by the SLC to ensure that the acquired lands are used only for
5 fish and wildlife habitat protection in perpetuity; and
6 XIV. WHEREAS, the Bolsa Chica Lowlands are considered a unique
7 public resource because they represent one of the few remaining large wetland
8 areas in southern California, because portions of the Lowlands provide a
9 variety of valuable habitats to a variety of fish and wildlife resources and
10 endangered species, and because the potential to increase the Lowlands, value
11 to fish and wildlife through restoration and enhancement to a variety of
12 habitat types is high; and
13 XV. WHEREAS, given these unique resource values, there is a
14 compelling public interest in maximizing the habitat values and aquatic
15 functions for a variety of fish and wildlife resources at the Bolsa Chica
16 Lowlands, including but not limited to endangered species; and
17 XVI. WHEREAS, the Bolsa Chica Lowlands are an appropriate
18 location to offset future, unavoidable habitat losses within the Harbor
19 Districts, including allowing offset credit for some creation, restoration,
20 and enhancement of habitat types different from those affected by the Harbor
21 Districts, projects and some deviation from accepted port mitigation
22 practices; and
23 XVII. WHEREAS, implementation of a compensatory mitigation
24 procedure at the Bolsa Chica Lowlands is in the best interests of the 'people
25 of the State in that such mitigation best promotes public trust purposes by
26 restoring lands to the character of tide and submerged lands, appropriately
27 locating the mitigation in consideration of public trust needs, by addressing
28 the specific impacts of the Harbor Districts, landfill projects, and by
29 ensuring that the Lowlands will only be used for public trust purposes of fish
30 and wildlife habitat protection in perpetuity; and
31 XVIII. WHEREAS, nearly all of the Bolsa Chica Lowlands not already
32 owned by the SLC are owned by three other entities; and
33 XIX. WHEREAS, the Signal Bolsa Corporation, a wholly owned
34 subsidiary of the Koll Real Estate Group, Inc. , owns approximately 930 acres
35 in the Bolsa Chica Lowlands, making it the largest of the landowners in the
36 Lowlands, and has indicated a willingness to sell to the SLC, under certain
37 terms and conditions, approximately 880 acres of the property which it owns in
38 the Bolsa Chica Lowlands; and
39 XX. WHEREAS, should it become possible to acquire a minimum of
40 approximately 880 acres of the unrestored Bolsa Chica Lowlands from the Signal
41 Bolsa Corporation ? TiitiStiatit7C` the FWS, CDFG, SLC, EPA, RA, USAGE,
. ...:__..........:.....................
42 NMFS, and CONSERVANCY conte_.::::.mplate physdally altering a portion of the
43 Lowlands acquired from the Signal Bolsa Corporation to restore fish and
44 wildlife habitat by restoring tidal influence, recontouring portions of the
45 wetland, maintaining the wetland as altered, and taking other actions, as
46 generally and conceptually described in the "Concept Plan for Fish and
47 Wildlife Habitat Restoration at the Bolsa Chica Lowlands, Orange County,
48 California" (the "Concept Plan") , attached hereto as Exhibit "A" and
.......................................................................................................
49 incorporated herein b ,.
this referneei n gee€ereri; '<zzoriteiri`��t >s z3z'`
...... : . ::......
50
51 Pe
r »::ths<::::auentual:::s>rsttazsn>o :::<:add�t.3ana3;»:fish»::arrd::« rs d :f ::<::habtat:::>:k:
52 It
3 axxdgas �e1d. oparatzon nowcc..urxnq thereeaa :,:::: xsd
54 XXI. WHEREAS, public acquisition of lands in the Bolsa Chica
4/26/97 Unofficial Version of Original w/ 1st 6 2nd Amendments 3
1 Lowlands which are not presently owned by the SLC would facilitate public
2 agency implementation of the Concept Plan; and
3 XXII. WHEREAS, none of the parties to this Agreement independently.
4 has the necessary financial resources to acquire the properties in the Bolsa
5 Chica Lowlands and to undertake the implementation of the Concept Plan; and
6 XXIII. WHEREAS, the parties find that a joint effort which combines
7 their financial and other resources and their expertise would assist the
8 parties in carrying out the acquisition and restoration of the Bolsa Chica
9 Lowlands and would be mutually advantageous; and
10
11 XXIV. WHEREAS, the parties have determined that entering into this
12 Agreement does not constitute the adoption of, or a commitment to carry out,
13 the Concept Plan as those terms are used in the California Environmental
14 Quality Act, Public Resources Code Section 21000, et seq. ("CEQA") , that
15 entering into this Agreement does not constitute a major Federal action
16 significantly affecting the human environment as those terms are used in the
17 National Environmental Policy Act, 42 U.S.C. Section 4321, et seq. ("NEPA") ,
18 and that completion of CEQA and NEPA compliance are conditions precedent to
19 any party being committed to carry out any obligations set forth in this
20 Agreement for which such compliance is required; and
21 XXV. WHEREAS, the CONSERVANCY has the statutory authority to
22 prepare plans, preliminary and final designs, environmental documents, and
23 permit applications, and to undertake other activities necessary to
24 implementation of a resource enhancement plan pursuant to Chapter 6 of
25 Division 21 of the Public Resources Code and to the terms and conditions of
26 this Agreement; and
27 XXVI. WHEREAS, the parties have determined that: (1) SLC is the
28 appropriate agency to hold fee title to any property acquired in the Bolsa
29 Chica Lowlands, (2) the CONSERVANCY is the appropriate agency to take the lead
30 in preparing final plans for the physical features identified in the Concept
31 Plan, in consultation with the other parties to this Agreement, (3) the SLC is
32 the appropriate agency to obtain all necessary Federal and State permits and
33 approvals for implementing the Concept Plan and is the appropriate lead State
34 agency for preparation of CEQA documents for implementing the Concept Plan,
35 (4) the FWS and USACE are the appropriate -joint lead ee lead Federal agencies
36 for preparation of NEPA documents for the Fe erTtions that will be
37 required for construction of the physical features identified in the Concept
38 Plan, (5) the FWS is the appropriate agency to oversee construction of the
39 said physical features, and (6) the SLC is the appropriate agency to operate,
40 maintain, monitor, and manage the completed project and all properties
41 acquired in the Bolsa Chica Lowlands; and
42 XXVII. WHEREAS, the EPA, NMFS, CDFG, CONSERVANCY, RA, and BOARDS
43 shall cooperate with the SLC and with the USACE and FWS in processing
44 applications for permits and approvals for implementing the Concept Plan; and
45 XXIII. WHEREAS, the RA and the U.S. Department of the Interior are
46 deliberating on the development of a Southern California wetlands
47 clearinghouse which could define a new approach to the restoration of Southern
48 California's severely diminished coastal wetlands and could secure more
49 efficient and more certain mitigation for necessary coastal development.
50 NOW, THEREFORE, in consideration of the mutual promises and other good
51 and valuable consideration hereinafter set forth, the parties hereto agree as
52 follows:
53 DESCRIPTION OF THE BOLSA CHICA LOWLANDS PROJECT
4/26/97 Unofficial Version of Original w/ 1st S 2nd Amendments 4
1 SECTION 1. Short Description of Pro'iect.
2 (a) The Bolsa Chica Lowlands Project (the "Project") shall consist of
3 the following components: (1) the acquisition by the SLC of as many
4 properties in the Bolsa Chica Lowlands as possible, but not less than
5 approximately 880 acres (the "Land Acquisition Component") , (2) the
6 expeditious restoration of the wetlands and habitat areas in the Bolsa Chica
7 Lowlands which are identified in the Concept Plan as the Full Tidal area
8 (consisting of approximately 384 gross acres, inclusive of the degraded,
9 unrestored areas within the Inner Bolsa Bay portion of the existing SLC/CDFG
10 Ecological Reserve (the "Ecological Reserve") and possibly including the most
11 recently restored cell in the Inner Bolsa Bay portion of the Ecological
12 Reserve) and the Managed Tidal areas (consisting of approximately 220 gross
13 acres) , subject to all necessary permits and approvals and completion of
14 appropriate environmental analysis pursuant to Section 4 below, which
15 restoration shall include planning, obtaining permits and approvals for,
16 designing, and constructing the physical features identified in the Concept
17 Plan;:..G7 eah�xp of �aixt?xmxxlatdn xz :thevsnt Af ta: ue r :.:: :> a,xd
..................:..
18 pert os respons , e..................................hefore to perform _ and cleanup t? „::_..................................i..
yoonina n
19 wa r; xfi-t vxt. oz°'a thy Fu ..Tat a3:..a ..�ibxp ..:a: ::3 o apt d; rx z ...........
i?.
20
Esa ogaaaaervs xx� ha...event thx r ...part ss...ar abI`: atsd tv
21 �� ........ .....::....:....:............�� :,:::::.:........
sna.. euup (the Restoration Features ComponenE ) ; (3) `monitoring
22 activities to determine the condition of the restored habitats in the Full
23 Tidal and Managed Tidal areas on a regular basis and the necessary operation,
24 maintenance and management of the Full Tidal and Managed Tidal areas and their
25 associated physical features, both during and after construction of those
26 physical features (the "Restoration O&M Component") , and (4) the necessary
27 maintenance and management of the approximately 275 gross acres which are
28 identified in the Concept Plan as the Future Full Tidal area and of the
29 approximately 120 gross acres which are identified in the Concept Plan as the
30 Seasonal Ponds area (the "Management Component") . The Project does not intend
31 any modification of the Outer Bolsa Bay portion of the Ecological Reserve
32 currently under full tidal influence or of the Inner Bolsa Bay portion of the
33 Ecological Reserve currently under muted tidal influence, except for the
34 possible inclusion, as noted above in this subsection, of the most recently
35 restored cell in the Restoration Features Component of the Project.
36 Furthermore, restoration of the Future Full Tidal area as identified in the
37 Concept Plan is not a part of the Project as defined herein. If established,
38 and as appropriate, a Southern California wetlands clearinghouse or other
39 mechanism could provide future mitigation opportunities for restoration and
40 enhancement of that portion of the Bolsa Chica Lowlands which is in the Future
41 Full Tidal area as identified in the Concept Plan.
42 (b) In entering into this Agreement, the parties intend, subject to
43 Section 3 below, to carry out the Project in substantial conformance with the
44 Concept Plan, except as future compliance with NEPA, CEQA, ESA, Section 404
45 (b) (1) Guidelines of the Federal Clean Water Act, and other applicable laws
46 may require otherwise.
47 (c) Consistent with the goals and general description of the Project as
48 set forth in the Concept Plan attached as Exhibit A, and subject to such
49 modifications (if any) of the Restoration Features Component of the Project as
50 are determined to be necessary to mitigate its adverse environmental impacts,
51 the USACE, NMFS, EPA, FWS, and CDFG agree that the Restoration Features and
52 Restoration O&M Components of the Project shall provide mitigation, as
53 described in Section 14 below, for new landfills to be constructed by the
54 BOARDS.
55 (d) The parties agree that the Project shall provide, in perpetuity,
56 fish and wildlife habitats in the Bolsa Chica Lowlands consistent with the
57 Concept Plan. Therefore, fee title to any property acquired and to the
58 capital improvements constructed thereon, as well as to all other capital
4/26/97 Unofficial Version of Original v/ 1st 6 2nd Amendments
5
1 improvements constructed as part of the Project, shall be vested in the SLC
2 and held in public trust by the SLC for the purposes of ecological restoration
3 and preservation, scientific study, open space, and fish and wildlife habitat
4 protection.
5 THE LAND ACQUISITION COMPONENT OF THE PROJECT
6 SECTION 2. Lands to be Acquired.
7 (a) The parties acknowledge and agree that it will be necessary to
8 purchase from the Signal Bolsa Corporation a minimum of approximately 880
9 acres in the Bolsa Chica Lowlands. The parties further acknowledge and agree
10 that the purchase price for the said 880 acres (more or less) will have to be
11 paid, in part, with tnonies to be provided by the BOARDS pursuant to Sections
12 8 (a) and 12 (a) below.
13 (b) The parties agree that the SLC will endeavor to acquire title in
14 fee to substantially all of the property in the Bolsa Chica Lowlands not owned
15 by the State as of the date of this Agreement, including the property owned by
16 the Fieldstone Corporation as of the date of this Agreement; Provided,
17 however, that the first land to be acquired must be a minimum of approximately
18 880 acres of the property owned by the Signal Bolsa Corporation. Lands owned
19 by persons or entities other than the Signal Bolsa Corporation may be acquired
20 with Project funds only after construction of the Restoration Features
21 Component of the Project (on the approximately 604 gross acres which are
22 associated with that component) has been completed in accordance with Section
23 5 below or, if construction has not been completed, then only if, and to the
24 extent that, the FWS determines, after consultation with the other State and
25 Federal agencies which are parties to this Agreement, that sufficient monies
26 would remain available after such property acquisition to complete the
27 construction of the Restoration Features Component of the Project.
28 (c) The acquisition by the SLC of a minimum of approximately 880 acres
29 in the Bolsa Chica Lowlands from the Signal Bolsa Corporation shall be subject
30 to satisfaction of the conditions precedent and other requirements set forth
31 in Section 13 (a) (1) below.
32 PLANNING PERMITTING AND CONSTRUCTION OF THE PROJECT
33 SECTION 3. Completion of Planning for the Project.
34 (a) } On behalf of the SLC, RA, CDFG, FWS, NMFS, USAGE, and EPA,
35 the CONSERVANCY shall be responsible for preparing, or causing to be
36 prepared, a more detailed plan of the Restoration Features Component of
37 the Project than is set forth in the Concept Plan, which plan (the
38 "Feasibility Plan") shall be based upon and consistent with the Concept
39 Plan and shall be prepared at the level of detail required by the SLC,
40 USAGE, and FWS for the purposes of the NEPA/CEQA compliance process for
41 which those agencies are responsible pursuant to Section 4 below;
42 Provided, however, that the CONSERVANCY may not incur any expenses for,
43 nor commence preparation of, the Feasibility Plan until the SLC has
44 received title to a minimum of approximately 880 acres of the property
45 owned by the Signal Bolsa Corporation in the Bolsa Chica Lowlands. The
46 CONSERVANCY shall consult closely with the SLC, RA, CDFG, FWS, NMFS,
47 USACE, and EPA, and shall comply with the requirements of Section 13 (b)
48 below, in conducting any studies required for, and in preparing, the
49 Feasibility Plan,
4/26197 Unofficial Version of Original w/ 1st & 2nd Amendments 6
.. .. ......
1 {2) :. ..
�9r1 behalf of hhe SLC, ..`�tAi:;:�CI?FG, �ONSERVANGY�;..NMFS:E:::;VSAC�, aric
2 EPA, 2e FWS sh b� e�persb : '€': o .: csc3uai n .._ . ppar3rg, or
3 dazes a ngo beonducter3 azd pxeparsd, a corfina toxyal z
::::. .. ..,:. .
4 a...d e o i..aM€<>r ,:.-.<. ::;::,.'s' iYi "..: : ,." .:.;:;, cs.......
..:.. .:.... .::
ace::: rat 'X: ::azsd:. rz�xndvrtr::::;o ::: h :: ra::::CtiS�awari% s:�;....
hes�,never......thh S>:::�ma;::;::::nat<:: ncur<::::axs:,>:<: enes:>:fcrr:>`::>: o .
7 :.�
the;>::SL�s::has;.;:.re����r�r�:<:::�:�r: e::>tom::>::�::::>m;Ln�:m <:>rrf<::�:
:.i`ii::::i}ii$i:::i::i:::::i::'::':+::::iiiii::i::::�{:::i:•.:j":'i:;i:::ii}:"iF:}j''�L::i:E}l;ii''Ti}i'':::::'".i:ij:;vjiih:::>.i:.i:.iii::.'ii:.i'::•::.??}iii}ifii::.ii}i'::':Ji`iiiY'+i:i?`ii+:::i}i'r .;}Xv:i•::^:
9e px�pty �wnt by bk� a :: a .sc�xpxa� az;:xc� k ::Ba .x: a
10 Sow a lads.......................
11 (b) Following completion of NEPA/CEQA compliance by the SLC, USAGE, and
12 FWS pursuant to Section 4 below, the CONSERVANCY shall, on behalf of the SLC,
13 RA, CDFG, FWS, NMFS, USAGE, and EPA, prepare, or cause to be prepared, such
14 modifications, if any, in the Feasibility Plan as may be required by the
15 results of the NEPA/CEQA process and such preliminary engineering designs and
16 drawings as may be required by the SLC, USAGE, and FWS for the purpose of all
17 necessary State and Federal regulatory permit applications (collectively, the
18 "Final Plan") . The CONSERVANCY shall consult closely with the SLC, RA, CDFG,
19 FWS, NMFS, USACE, and EPA, and shall comply with the requirements of Section
20 13 (b) below, when preparing the Final Plan.
21 (c) In order to prepare the Feasibility Plan and the Final Plan,
22 including any studies or analyses needed therefore, the CONSERVANCY may, at
23 its option but subject to the requirements of Section 13 (b) (1) , contract for
24 and utilize the services of consultants rather than utilizing its own
25 personnel.
26 (d) The parties acknowledge that the final configuration of the
27 Restoration Features Component of the Project (including, but not limited to,
28 the location of the tidal inlet, depths in the Full Tidal Basin, and
29 configuration of the Garden Grove-Wintersburg Flood Control Channel) will be
30 determined through the planning, public consultation, environmental review and
31 documentation, and permitting processes provided for by this section and
32 Section 4, which processes will address differences between the Concept and
33 Feasibility Plans and the separate wetlands restoration plan which has already
34 been approved by the County of Orange.
35 SECTION 4. Lead Agencies for NEPA/CEQA Compliance and Permits.
36 (a) Utilizing the Feasibility Plan prepared by the CONSERVANCY, the SLC
37 shall be responsible, in consultation with the FWS and USACE, for obtaining
38 all Federal and State permits and approvals necessary for the implementation
39 of the Restoration Features Component of the Project. The SLC shall be the
40 lead State agency for compliance with CEQA. The FWS and the USACE shall be
41 joint lead ems—Federal agencies for compliance with NEPA for Federal
42 actions associated with implementation of the Restoration Features Component
43 of the Project. The SLC, FWS, and USACE agree to prepare, or cause to be
44 prepared, and to process joint NEPA and CEQA documents, including any
45 supplemental CEQA/NEPA documentation that may be required during or after
46 construction of the Restoration Features Component of the Project. In
47 carrying out these responsibilities, the SLC, FWS, and USACE shall consult
48 closely with the RA, CDFG, CONSERVANCY, EPA, and NMFS and shall comply with
49 the requirements of Section 13 (b) below.
50 (b) In preparing the required NEPA/CEQA documents and the required
51 permit applications, including any supporting studies and analyses, the SLC,
52 FWS, and USACE may each, at its option but subject to the requirements of
53 Section 13 (b) (1) , contract for and utilize the services of consultants rather
54 than utilizing its own personnel.
4/26197 Unofficial Version of Original v/ 1st 6 2nd Amendments 7
I SECTION 5. Construction of the Restoration Features Component of the
2 Project.
3 (a) On behalf of and in consultation with the SLC, RA, CDFG,
4 CONSERVANCY, NMFS, EPA, and USAGE, the FWS shall be responsible for
5 performing, or causing the performance of, any sediment sampling,
6 archaeological surveys, or other technical studies, or any supplemental NEPA
7 documentation, required before or during construction as a condition of any
8 approvals or permits for the Project or because of changed circumstances; for
9 preparing, or causing the preparation of, final designs and specifications;
10 and for constructing, or causing the construction of, the Restoration Features
11 Component of the Project. The FWS shall be obligated to construct the
12 Restoration Features Component of the Project in substantial conformance with
13 the Final Plan and in conformance with any Federal or State permits or
14 approvals issued for that component.
15 (b) In carrying out the activities required of it by subsection (a) of
16 this section, the FWS may, at its option but subject to the requirements of
17 Section 13 (b) (1) , contract for any necessary services (including, but not
18 limited to, construction management) , rather than providing the same with its
19 own personnel: Such contracts may, at the FWS's option, be with the SLC or
20 CONSERVANCY.
21 (c) The FWS's obligation to initiate and proceed with construction of
22 the Restoration Features Component of the Project is expressly conditioned
23 upon completion of all necessary NEPA/CEQA documentation and findings;
24 approval of the Final Plan by the FWS, USAGE, NMFS, and EPA; the obtaining of
25 all necessary permits and approvals; and compliance with all legally imposed
26 conditions of the permits and approvals. Furthermore, the FWS shall have no
27 obligation to initiate construction, or thereafter award any given
28 construction contract, unless and until it determines, in its sole discretion,
29 that the monies remaining for the Project at the time are sufficient to
30 complete construction or, if applicable, cover the amount of a given contract.
31 If the FWS determines pursuant to the preceding sentence to not proceed with
32 construction or the award of any given contract, then any monies for the
33 Project which remain unexpended at that time shall be handled in accordance
34 with Section 14 (b) below.
35 (d) The SLC shall grant to the FWS, pursuant to a license or other
36 permission to enter upon its property, or pursuant to a short term lease, the
37 right to enter upon and occupy the property for the purpose of constructing
38 the Restoration Features Component of the Project, any such license, other
39 permission to enter, or lease being upon mutually agreeable terms and
40 conditions as between the SLC and the FWS.
41 SECTION 6. Project Schedule. All parties hereto shall perform their
42 obligations hereunder with all due diligence so as to facilitate progress and
43 completion of the Project in substantial conformance with the Concept Plan, as
44 refined by the Final Plan. All parties desire that the implementation of the
45 Project shall be undertaken in an expeditious manner, with actual construction
46 of the Restoration Features Component of the Project anticipated to be
47 initiated not later October 1, 1999 ...60, and anticipated to be substantially
48 completed within three years of the `time actual construction is initiated.
49 OPERATION AND MAINTENANCE OF THE PROJECT
50 SECTION 7. Project Operation, Maintenance and Management.
51 (a) To the extent that monies are available from the Maintenance
4/26/97 unofficial Version of Original w/ 1st s 2nd Amendments 8
1 Account pursuant to Section 13 (c) below, the SLC shall be responsible for
2 effecting the Restoration O&M and Management Components of the Project for the
3 primary purpose of preserving in perpetuity fish, wildlife, and wetland
4 habitat values and aquatic functions. The parties acknowledge and agree that
5 the SLC may enter into an agreement or agreements with another agency or
6 entity (including, but not limited to, long-term leases of Project lands and
7 features) in order to effect the said components of the Project.
8 (b) If the SLC elects to effect the said components of the Project by
9 entering into an agreement or agreements with another agency or entity, it
10 must first offer to the CDFG and FWS the opportunity to enter into such
11 agreement or agreements, including a long-term lease of Project lands and
12 features. If both the CDFG and the FWS decline to enter into such an
13 agreement or agreements with the SLC, or if mutually satisfactory terms cannot
14 be agreed to after good faith negotiations, then the SLC may enter into an
15 agreement or agreements with a third party approved by the RA, CDFG,
16 CONSERVANCY, FWS, EPA, NMFS, and USACE.
17 (c) If the SLC enters into such an agreement with the FWS, then the FWS
18 hereby covenants that it shall manage all lands acquired for the Project, and
19 all physical features associated therewith, as a unit of the National Wildlife
20 Refuge System pursuant to Title 50 of the Code of Federal Regulations and the
21 FWS and the CDFG agree to cooperate in their management and maintenance of,
22 respectively, the Project and the Ecological Reserve.
23 FUNDING FOR THE PROJECT
24 SECTION 8. Sources of Funding for the Project.
25 (a) Eaeh-BAA-UPwi11 pr9vide €he-eem-e€ 03,376, 098 wh;eh sum shall
26 eeestitute the entirety of eaeh BGARD's €inane}al tmeler-this
27 Agreement. Baehr willelepesit this sum with the 636C in aeeerdanee-ith
28 Beefien 12 (a) -below, less any ameunt, net—te emeeed $60,^-090 ter• eaeh BOARD,
29 ad-vaneed by a BOARD te the SLQ feF the purpeee ef-de€raying the GLG19 eesfe e€
30 negetiafing-a-eentr-aet with the
31 its-greperty by-the-GLG.
32
........... a $aARD. shall X. provide `the.:::suttt«rs�.>:. 39 ` .75,00isc2ch`<"hum shall
33 aa#zita huts h� W.en xet ..of a SQ -`S �zWano-1.. c�b�aga���rx:.uz�daz the�..
..:.: ... . ..... .......... ..........
:..: .... . ..:.:..:.:.:.....:.........
34 Agreement:
35 ...........
(1) .:Of this hum, ah... QARD sha7' >de�gc3s3 ,. 7S,Ot wzth tke
36 SLC �n:accnrdan a ws h SeC ._ ;iss:} I` :j: :<be]�ur s n ..............atn
....
37 exceed $5Q,p{30 fax eachiQ , advaxxo�ad Say a3 [3 f�?x t,kse purpe� e of
......::.....::.:.. .:.:::.:. ... ..
38 d fxay ng tY a SLei s costs t�f; gigot g>:a'[:cunt act �,r h tYie :Signal
......:.....:.:. ;:.:.::.:..::..: ....
39 sa CaxpotoGo1x ::: tiaasa..pxcaY<`:bY.., .. <>:az :::: s
40
n ..aiciunt .::::not...:tc:>: cceed > lO...0.03::f :<eac2�::;.SG1 ...:advanceLb ::: ARp
I::..:.............:..►..........::.::::::::.::.:::::::::::::::::::. .::::::.::::.::::::::::,.:::.::::.::.::::::::::::::::::.:::::::t.::.::::::.:::::::::::::::::::::::. .:::::::::::.::......::..:......:.
Qr the en �. aaa asxva.�ea `C�y�.d :b .>::Ma :£ <`2 xir :is iQ ari ... ........ ............: ' .:::::::... ......
42 between':..No. emk�x::>::3:::::«::1�9:G::<:»:anr�:::::�'akZxaaz. se<:`:of
.............................................................
3 re :tip,: ..eS .. 5.::. •.. :::?:::.:.: ,::
44 ::•;;;:: . ;> ;;:::>; '' .;.'".>:;: ",`.":>">`<;'<,>'°'ham
...... f: ti t# t> C R 3 I ::: ::.::: .6W.. ....����..4Q9.:t3SQ...+at=1t1:.. :..:......�Ir
..................:::::::::::::.-.:::::::::::::.:::.::::::::::.::.::.:::::::::::::..:.::........:................:...........:.....::.::.::...:::::r.:::.:.:::r.:.::::::::::::.:::.::::::..:.............:.....
,.,::..;::_,::::,.::;:::,:::. . .�.:.:::::: .; .; ..:.5::':.::.::...:.::::<.::::$%;. ..:y:. :::..............................................................................................
45 aceox Aa. a wI # S ct can .2:( .<: b .:.w
46 (b) The CONSERVANCY will provide a discretionary grant of matching
47 funds in the amount of $1, 000,000. The said $1,000,000 shall be deposited by
48 the CONSERVANCY in accordance with Section 12 (a) below. The parties
49 understand and agree that this grant cannot be used to pay for mitigation
50 required for the landfill in the outer harbor areas of the BOARDS' Harbor
51 Districts, but rather will be utilized to assure acquisition, to assure
4/26/97 Unofficial Version of original w/ 1st & 2nd Amendments 9
1 preparation of the Feasibility Plan and/or the Final Plan, and/or to assure
2 restoration of wetlands in the Bolsa Chica Lowlands not included in the Full
3 Tidal and Managed Tidal areas as identified in the Concept Plan.
4 (c) The parties acknowledge that, as of the date of this Agreement, the
5 monies to be provided by the BOARDS and the CONSERVANCY, including future
6 interest earnings thereon over time, may not be sufficient to fully fund the
7 acquisition of all properties in the Bolsa Chica Lowlands as well as the other
8 three components of the Project, depending upon the results of further
9 engineering studies. Therefore, additional sources of funding will be
10 actively sought for the Project by the State and Federal agencies which are
11 parties to this Agreement in advance of the decision points identified in
12 Section 13 (a) (1)
13 (d) Nothing in this Agreement shall be construed to prohibit the
14 CONSERVANCY, USAGE, the BOARDS, or any other agencies or entities from funding
15 restoration of any portion of the Bolsa Chica Lowlands that does not provide
16 mitigation for the BOARDS' projects (e.g. , the Future Full Tidal area as
17 identified in the Concept Plan) .
18 SECTION 9. Management of Monies Received for the Project.
19 (a) All monies received for the Project, except for those obligated and
20 encumbered by a Federal agency in accordance with Section 12 (c) , shall be
21 deposited with the SLC and then immediately placed by the SLC into the SLC's
22 Land Bank Fund. All monies so received, and all interest earnings thereon,
23 shall be held by the SLC for the benefit of the parties to this Agreement and
24 the SLC shall administer and disburse all such monies and interest earnings
25 only in accordance with the requirements and limitations of this Agreement.
26 (b) The parties acknowledge that monies for the Project which are
27 deposited in the SLC's Land Bank Fund will be commingled with monies from
28 numerous State funds and accounts and managed and invested by the State
29 Treasurer. The SLC agrees that the SLC and the State Treasurer shall manage
30 and invest the monies deposited with the SLC for the Project at no cost to the
31 parties or to the Project.
32 ACTIONS TO BE SOUGHT FROM THE CALIFORNIA COASTAL COMMISSION
33 SECTION 10. Initial Federal Consistency Determination.
34 (a) In accordance with the requirements of section 307 (c) of the
35 Federal Coastal Zone Management Act (16 U.S.C. §1456 (c) ) and of Subpart C,
36 Part 930, Chapter IX, Title 15 of the Code of Federal Regulations (15 CFR
37 §§930.30 et seq.) , the FWS and/or the USAGE shall prepare and present to the
38 California Coastal Commission (the "Coastal Commission") for its consideration
39 an initial Federal consistency determination for the Project, which initial
40 determination shall be based upon the Concept Plan. Concurrently therewith,
41 the BOARDS shall submit to the Coastal Commission for its action such
42 amendments to their existing Port Master Plans as they deem necessary in order
43 to obtain Coastal Commission approval of the 454 acres of mitigation credits
44 to be granted to the BOARDS pursuant to Sections 14 and 15 of this Agreement.
45 ) The said consistency determination and amendments to the Port
46 Master..Plans shall be presented to the Coastal Commission for
47 consideration at its October, 1996, meeting unless the Signal Bolsa
48 Corporation advises the SLC, FWS, and BOARDS in writing that it has no
49 objection to the said matters being presented to the Coastal Commission
50 at its November, 1996, meeting or at its January, 1997, meeting.
4/26/97 Unofficial Version of Original w/ 1st fi 2nd Amendments 10
1 {2} 4434- If the Coastal Commission acts to express its
2 disagreement with this initial Federal consistency determination or
3 fails to act on it at all prior to November 16, 1996, or if the Coastal
4 Commission acts to express its agreement with this initial Federal
5 consistency determination prior to November 16, 1996, but does not
6 approve the amendments to the BOARDS' Port Master Plans prior to this
7 date, then this Agreement shall automatically terminate on November 30,
8 1996, and no party hereto shall have any further obligations hereunder;
9 Provided, however, that if the initial Federal consistency determination
10 and the amendments to the BOARDS' Port Master Plans are not presented to
11 the Coastal Commission until its January, 1997, meeting, then the
12 foregoing November 16 and November 30, 1996, dates shall be
13 automatically extended to January 11, 1997, and January 25, 1997,
14 respectively.
15 (b Fu �ow. xh� subm�bb Q .bh imztaadxcxsas # y::::.:::
16 determination; for .the Pro3ect to 'thec�astal Cammxss3or in.acordai�tsrith
17 suketon {aj ohS:.Seoton 10< the FWS shad �zeae. suffimzo the
18 Coastal Commi ssi axe. fc�r a to consi dratiti .aii''amendedni ba ...jjj:jjFedOa1
19 CQrs stency..d0terml aU."I n a :::< ' ::: Ct:..::: :2he.::a€i ts:> >: a
; .;;;:.;:.;... ......:;._:.::::.
20etenaa.an aha ;1.zaflet:;the..adatxz�r3...8Q::.ages::a£ tstxaao cs:;>. ci
..
21 be;::: nnted to t31c3_.BOARDS xzrsuant. to ��*ot3Gt�t2�: 3 4{a� €�� and �:s f�� '.�elt�ia Prig
i .:::.:::::::::. .::..:::...:.....:.......:...::.....F :::::::::::::: . .:.:.:..,.......:..:............:..... .:.:.:::::::::::::,.::::::::::..:::::.::.::::::::::::::.::.::.::..::::
22 C3:.:>:gar:::: o �uxx' zt :l;:.><:.th rewa:th>:>::::> h <:B4A 2D ;:<:a z :> brt�ab:<:> ta:»: txe:::::: a: a
................... ::::::::::::::.:X.::::::::::.::::::::::::::::::::,:.:::::::::.........._......::::::::::::::::::::::::::::::,..::::::............::::::::::.:::::::::.:::::::::::::::::.::.............................
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23 mm.... .... ....:;:....:r its ant on gu.......:.....:..:::.::.:..:.::::.::::.mendments a hei t:..:.:::::.-..e :::::::::......g;.:..:
24 Nla .x:.:.:. x3 >:<a:s>;:::th :..<:::d+ ect�:::::z a ss x� :::c�x�c ::>::: c�::::::Ak� a:zzx::<:: a. >:.....0 :� 031
. :: : .:..Y. :::.........:........::::.: .:::::::::.::::::.....................:::.:::::::::::,:::::::::::::::::::::::::.:::::::::::::::::::::::::::::::.:::::::................
:.:::::...:............:.:..:.:. . .v: .....:....:::::::::
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:.,:.
2 6 :::...................... _.....
soAtn <
27 {1) +lie laid atrinBcXtpnsiste " etm. t4?:>< nd the
.......:........... ...::.:... . ...... ::.:...;....... ....... ....
28 £ fi r ante..... t to :. 7ze 1'b '.`:Mas ::F......> is l.::: .:: s ci �a tk o
..:::::..:....:.
29 CO. stall:.." OWISS:10ri:°,as;:::soon::>a: ...YY��YYttsszhle'> but...no::3ater<'::th 121.:::enab :e
30 he .Ceiaa.3..::. Auima 0szr�rx t ;: ozxsdei >'°'tie. . me:::ab::: .. vast :<::: ammas caz
31 meeting held graor to Augtxsr S 1997
.:. ...
....::........................:::.... ....... .............................. .........
32 [2) :f the; CoastalQm[ztxasoxs ;acts t� e xpress zta da.sagreemaxst
33 with the amended 3nstiai cc ns $#oy deem3ntCm ora4._aCt cant
.......::
...
3 4 a : alb :;pri 4r.,tom August 17, cSr if:.:the Caasta ;€. bmmi psi on arts to
3 5 eprsa' i to ;areeinent ..tvxth the.>aYnenzd: 3iit3 ] :> ns stey► itriatc�ri
36 px4.o wo Augu . � 97, bud daisGb appxov t7z� : urbrmdmeba
3 7 h ,BOARDS t,..Poz r.. Master Plana..p a ar..,tt .this:;gate.,.;.tX a ...t `;;;8QARDhal3
38 k7a + .>:::ria:::; a:3:.S�. : ► .i. >:::t: <:::d .t�s:f. .».hh .:>.:. :fi: a ::>:wr1. h>: .x ►v .d4d:>:£ x:
3 9 k ":_>S >::".... . :; ove'>az d < ha y. cGian...8(a� � ) ab .................:.::..::esi ::
40id , #.a.s e: x :.: r :tc: :::b .. .. ..:. ...
::::::.::::::::::: Y............
.
41 5adsa an f14€` :<: '.`>bdow>.:.>.>::.>: n: 1:<: th$r ,,,:aris >': Zorsve seuszit
.:::.:...::: ::.::: .:::::::::::::::::::::::.::::::::::.:::::::::::.::::.:::::::::::::::::::.:: :.:::::::......:.::::::::::.::::::::::::::,::::::::::: :
42 sa :1' z�emau.:: ri``. 3fgrc :.:a#�.:..:;k= t,
.............
43 SECTION 11. Subsequent Federal Consistency Determination. The parties
44 acknowledge that a second Federal consistency determination will need to be
45 submitted to the Coastal Commission based upon the Final Plan. The FWS and/or
46 the USAGE shall be responsible for preparing and submitting this second
47 determination to the Coastal Commission at the appropriate time.
48 DEPOSITS AND DISBURSEMENTS OF MONIES FOR THE PROJECT
49
50 SECTION 12. Deposits of Monies.
51 (a) ( If the Coastal Commission acts to express its agreement with
52 the initial Federal consistency determination and to approve the
53 accompanying amendments to the Ports' Master Plans by the deadlines set
4/26/97 Unofficial Version of Original v/ 1st 6 2nd Amendments 11
.........................
1 forth in Section ! (b) I'0{a): j ): above, and if both BOARDS determine,
2 each in their sole discretion acting in accordance with Section
3 13 (a) (1) (F) below, that the Coastal Commission's actions and findings
4 reflect the Coastal Commission's approval of the use of mitigation
5 credits for the BOARDS' landfills consistent with the conditions of this
6 Agreement, then, and only then, the BOARDS and CONSERVANCY shall be
7 obligated to deposit with the SLC the sums specified in Section 8 (a) X�)
8 and 8 (b) , respectively, within three business days after the date upon",
9 which the last of the conditions set forth in subparagraphs (A) , (B) ,
10 (C) , (E) , and (F) of Section 13 (a) (1) below is satisfied.
11 :: ::::.:::::.;
(2) the: Coastal Camm�exon acts lea expr�ass ta;:areezt: wzth
12 t} amended ntl Fi� alor�s saner deeziriiaon aidPe�+u
13 aampxz� ux` e ::ainezdmenct Ica. txxs':':Mx> .................
:thy.......
14 d acha rie sit: forth 3n 5ect3csn 143(b) a 5 e `:and f moth H(32dRDS dete=...
:.;:t:3 :r::::> cxt:+ :::: G: to Can::::;:>:gh :cCimuta;9iv '::s
16 lect the :Coastal Catnm :apn .s :apporal.. rf the
17 use c�# an1tcfz#aIo':: e <:n':'matCx�ec� : ar... hos.
.
18 Future..: andfx 11 s...canaIN
, sara th. onda t:xrisscif: t1i a" .: ":: e�iuzsb..axt
.-.. .:. :. :.::::.. ....::.::.:.: . .... :.:.._:....ii}....:ii=. :::.:........:...: ;...;.........: : .�....:19 thg alI aferk : n ::» ::th� sgtin20 of : .:...: .:'<:: a :ze.::or:: .: :: a: . d::_> :;«::x d :aaeexx::a..._.................d.::.......::a .::b . ::wa... a....:.# r::::.::::21 then and2n,::>:: 7ARi]S s?iall be c3� iged::: n::de22 S ths:. s .. u:xeeo `:8: a<`: 3> abr�vah..BQ14t ..:::::.:... .23 determanatiz�� shall ben, zn wry tiny �a tt�e„SLC` not late:::�har�' :tt
24 s x .a£ h Ta o a.�R mmz
X ::::::.....: .....:.......:.:::::.......
25
a al pederal avnsastez�o ::»::; :. atzazz and az� thau;:;. :.:;.;:.:..
26 SX`:;:: 1, n ::::;:»::Tx :.:. 5:>; .... d :.<. 3
:::....: : ::.:.::::.:::::
27
':.:.,sha3: :: ba;::.de: .vsz: sd..wa th>:: he.... h ;izzthaxa>£�ve: b ai:u3e :sda
:... .:::.:...::::::::: ::::::P...:.:::::::::::::::::::::::::::::::::::::::::::::::::::.:.:.::::::::::::.::::::::::.::::::::::::-X-:..:::::.::::::..::._::.::::::::::.
2 8 :+a ty<::> ::> m[:;..a :.: .
..................................................................................::::. ':.:::::::::._::::::::::::::::.:::::::::::::::::..:::::::.
..............................................................................................................................
29 (b) All sources of other non-Federal monies shall, if and when
30 received, be deposited with the SLC, unless otherwise agreed by the SLC and-
31 the entity providing the monies. All sources of other non-Federal monies
32 deposited with the SLC shall be placed by it in its Land Bank Fund and managed
33 by it in accordance with the requirements of Section 9 above.
34 (c) If any Federal funding is forthcoming, it shall either be deposited
35 with and managed by the SLC in accordance with the requirements of Section 9
36 above or obligated and encumbered by the involved Federal agency for direct
37 expenditure by that Federal agency on the Project.
38 SECTION 13. Disbursements from the SLC's Land Bank Fund. Monies
39 deposited into the SLC's Land Bank Fund pursuant to this Agreement from all
40 sources shall be disbursed and used only as follows:
41 (a) Land Acquisition Component of the Project. Subject to the
42 requirements of Section 1 (d) , Section 2, and paragraph (1) of this subsection
43 (a) , *=:e SLC may use monies deposited in its Land Bank Fund pursuant to this
44 Agreen.--nt for the acquisition of any lands in the Bolsa Chica Lowlands.
45
46 (1) The SLC may not use any monies from the Land Bank Fund for
47 the purchase of all or any portion of the Signal Bolsa Corporation's
48 property in the Bolsa Chica Lowlands unless and until:
49 (A) The FWS, USACE, NMFS, and.EPA have each advised the
50 other parties to this Agreement in writing prior to December 16,
51 1996, that each of them has determined, in its sole discretion
52 after consultation with the other Federal agencies to this
53 Agreement, that the acquisition of land from the Signal Bolsa
54 Corporation in the Bolsa Chica Lowlands should be consummated and
55 the planning, environmental review, and regulatory permitting
4/26/97 Unofficial Version of Original v/ 1st 6 2nd Amendments 12
0
1 processes for the Project commenced in accordance with Sections 3
2 and 4 above,
3 (B) The RA, CDFG, and CONSERVANCY have each advised the
4 other parties to this Agreement in writing prior to December 16,
5 1996, that each of them has determined, in its sole discretion
6 after consultation with' the other State agencies to this
7 Agreement, that the acquisition of land from the Signal Bolsa
8 Corporation in the Bolsa Chica Lowlands should be consummated and
9 the planning, environmental review, and regulatory permitting
10 processes for the Project commenced in accordance with Sections 3
11 and 4 above,
12 (C) The SLC has advised the other parties to this Agreement
13 in writing prior to December 16, 1996, that it is prepared to take
14 title tQ the lands which the Signal Bolsa Corporation is requiring
15 be purchased and that the Signal Bolsa Corporation is prepared to
16 sell to the SLC a minimum of approximately 880 acres,
17 (D) The Coastal Commission has acted to express its
18 agreement with the initial Federal consistency determination, to
19 approve the amendments to the Ports' Master Plans, and to adopt
20 findings which reflect the Coastal Commission's approval of the
21 use of the mitigation credits for the BOARDS' landfills,
22 consistent with the conditions of this Agreement, which findings
23 and actions must be satisfactory to both BOARDS, each acting in
24 its sole discretion,
25 (E) Sixty (60) days have elapsed from the date of the
26 Coastal Commission's final action on the initial Federal
27 consistency determination and on the amendments to the Ports'
28 Master Plans, and
29 (F) The SLC has received written notification from each
30 BOARD (which notification shall be provided by the sixty-fifth
31 day after the Coastal Commission's final action on the initial
32 Federal consistency determination and on the amendments to the
33 Ports' Master Plans or by the fifth business day after the last of
34 the notifications required by subparagraphs (A) , (B) , and (C) of
35 this paragraph (1) is given, whichever is later) advising that
36 each has determined, in its sole discretion, that the Coastal
37 Commission's actions are satisfactory to it, that all other pre-
38 conditions to the vesting of the mitigation credits have been
39 satisfied or are being waived by it, and that the SLC should
40 proceed to close the transaction:;" ':arid-
41 (G) BothBUARAS haveeposzted the sum o $33,3'75r000 each
42 wzthkze SC :araxd�xia cacaovr
°.(:a.}: :} a# t 3 ass and
...... .. . .
43 amounts in ;accordance with:;s t1a' B fa} t 2 ab ve....,,�,ra h......
44 exf'encl� urs......by tk :,; :'> 4 << te........... # u Sc�ls
45 co axalois' .............. o ert .a ii..ith :; osa :teats:>: a�vazd
P ::P; .:F.:... '.:.:::::.:::. .:. ..
46rwn : nm;> a >aAr > d
4 7 eczmca zigl ct' tae:> C3ARV.. depz�s���; �h��z e�cp�z�d�� s shad.;.ba::<�aenced
..... ; :........ ;....::.
48 to eqully funded;:,bCYtE .BAit13S:;
49 (3) €-a!-! of the Federal and State agene ee de net, prier te
50 Deeember 16, 1996, Eletermine pursuant te paragraphs (I) (A) and
51 (i) (R)-i:neafate� aye-�6-��9e`ee�-j -�� e3 this �jieeFae3�-;ha- r,
52 autefaatfeally teFminate en-the-said-date-and ag par-tyheretashal-I have
53 any 1..further - , gatie -- under thisAgree _ntc
54 2) At any time prior to December 16, 1996, the December 16,
4/26/97 Unofficial Version of Original w/ 1st 6 2nd Amendmente 13
1 1996, dates set forth in Sections 13 (a)_(1) (A) , (B) , and (C) may be
2 extended in 30 day increments ut not a and March 16 1997 upon the
3 mutual written concurrence of all the parties without amen ing t is
4 Agreement.
5 (3) If all of the Federal and State agencies, prior to December
6 16 1996 or Qrior to the extended date rovided for b Section
7 13 a 2 o determine to proceed pursuant to Sections 13 a l A B
8 and C then the SLC shall com lete the acquisition of the
9 ap]2roximately 880 acres owned t e Si na Bo sa Co oration as
10 expeditiously as ROssible, but not later than 15 business days after the
11 date u on which the SLC has received the notifications trom the BOARDS
12 required by Section 13 a 1 F or the SLC has advised the of er parties
13 as-reggired by Section 13 a 1 C , whichever occurs later.
14 (4) If all of the Federal and State agencies, prior to December
15 16 1996 or.prior to the extended date rovi ed for bX Section
16 13 a 2 o determine not to pro—c—e-e-d pursuant to Sections 13 a 1 A
17 B and =above, then this Agreement shall automatically terminate on
18 December 16 1996 or on the extended ate as agplicAhla, an no art
19 hereto shall have any further obligations under this Agreement.
20 (b) Restoration Features Component of the Project.
21 (1) If, and only if, title to a minimum of approximately 880
22 acres in the Bolsa Chica Lowlands has vested in the SLC.,;: and $5 million
23 has been transferred into the Maintenance Account in accordance with
2 subsection 4 s tion o this
( ) _.....::5�..,�.QQ,..:Q:�3�.:h.�.:;be�rx:< � isf� �ed<; �z
25 FLtxrfr::::.: ll:::cra� rioao >A CQun�.:.: r►:<acxcXaxt :;: k < i ► ec :+:c�ri...
26 fib);: ;: n tFien'aI. .•...... s remaining in or subsequently
27 depositecl`to. the 'Land Bank Fund pursuant to this Agreement, and the
28 interest earnings thereon, shall be available to the SLC, FWS, USAGE,
29 and the CONSERVANCY to cover the costs incurred by each of them in
30 carrying out the activities for which they are responsible pursuant to
31 Sections 3, 4, and 5 of this Agreement in accordance with the following:
32 (A) It is understood and agreed that the CONSERVANCY, SLC,
33 USACE, and FWS will obtain the contractual services of planning
34 consultants, consulting engineers, construction management firms,
35 construction contractors, and other necessary consultants and
36 contractors to accomplish the activities for which each of them is
37 responsible. The costs of all such contractual services incurred
38 by the CONSERVANCY, SLC, USACE, and FWS shall be paid for out of
39 the monies in the SLC's Land Bank Fund that are available for the
40 Restoration Features Component of the Project.
41 (B) With respect to the activities for which the
42 CONSERVANCY is responsible pursuant to Section 3, its direct staff
43 costs (including benefits) , reasonable overhead costs associated
44 with such direct staff costs, costs of materials and supplies,
45 costs of liability insurance, and costs of defending against any
46 litigation filed against the CONSERVANCY by reason of its actions
47 pursuant to Section 3, not to exceed $500, 000 unless the other
48 State and Federal parties to this Agreement agree to a larger
49 amount, shall be paid for out of the monies in the SLC's Land Bank
50 Fund that are available for the Restoration Features Component of
51 the Project.
52 (C) With respect to the activities for which the `W >
3 respvzs f e>gur<uazttxz >:<
54 Cl-SL USACE; and FWS are respoiisi 1e pursuant Eo• Sections 4 and 5,
55 each of those parties direct staff costs (including benefits) ,
4126/97 Unofficial Version of Original v/ 1st 6 2nd Amendments 14
1 reasonable overhead costs associated with such direct staff costs,
2 and costs of materials and supplies shall be paid for out of the
3 monies in the SLC's Land Bank Fund that are available for the
4 Restoration Features Component of the Project.
5 (D) Expenditures by the SLC, FWS, USAGE, and the
6 CONSERVANCY from the SLC's Land Bank Fund for implementation of
7 the Restoration Features Component of the Project shall be made in
8 accordance with an annual work program and budget prepared by each
9 agency and agreed to by the other State and Federal parties to
10 this Agreement. The SLC, FWS, USACE, and the CONSERVANCY shall
11 provide the other State and Federal parties with quarterly reports
12 of their respective expenditures while the Restoration Features
13 Component of the Project is being implemented, with a final
14 accounting of expenditures to be made by the SLC, FWS, USACE, and
15 the CONSERVANCY upon completion each of the activities for which
16 they are responsible pursuant to Sections 3, 4, and 5 above.
17 (E) Unless the Federal and State parties agree to the
18 contrary, all contracts entered into by the SLC, USACE, FWS, and
19 the CONSERVANCY for the purpose of implementing the Restoration
20 Features Component of the Project using monies deposited to the
21 Land Bank Fund shall contain a clause which provides that all work
22 under the contract can be suspended by the SLC, USACE, FWS, or
23 CONSERVANCY for a period of 60 days without penalty and a clause
24 which provides that the contract is terminable by the SLC, USACE,
25 FWS, or CONSERVANCY on no more than thirty (30) days notice
26 without any further obligation other than to pay for non-
27 cancellable costs incurred by the contractor prior to the date of
28 notice to terminate and for services already provided.
29 Notwithstanding the above the Darties understand that an
30 contracting activity undertaken by a Federal agz�encyv in furtherance
31 of the A reement shall be subject to the provisions ot the Federal
32 Acquisition Regulation.
33 (2) For the purposes of paragraph (1) of this subsection (b) , the
34 CONSERVANCY, FWS, or USACE may each enter into an agreement with the SLC
35 to specify the details of transferring funds from the SLC's Lard Bank
36 Fund to each of them in a manner that best meets the administrative
37 needs of the SLC and the other involved agency.
38 (3) One hundred eighty days after construction of the Restoration
39 Features Component of the Project is completed, any monies remaining in
40 the Land Bank Fund for the Project, except for the monies previously
41 placed in the Maintenance Account (including any accrued interest
42 earnings thereon) and except for monies otherwise encumbered, not to
43 exceed $3,000,000, shall be transferred by the SLC to the Maintenance
44 Account to become part of the principal in the said account unless all
45 of the Federal and State parties to this Agreement agree to an
46 alternative disposition of the remaining monies; Provided, however, that
47 if any construction or litigation claims have been proffered or are
48 reasonably expected to be lodged, then no monies shall be transferred by
49 the SLC to the Maintenance Account until the claims have been resolved.
50 If the remaining monies exceed $3,000,000, then the amount in excess of
51 $3, 000,000 shall be available, upon the mutual written agreement of the
52 Federal and State parties to this Agreement, for the restoration of the
53 Future Full Tidal area described in the Concept Plan.
54 (c) Restoration O&M and Management Components of the Project.
55 (1) If, and only if, title to a minimum of approximately 880
56 acres in the Bolsa Chica Lowlands has vested in the SLC, then not later
4/26/97 unofficial Version of Original w/ 1st & 2nd Amendments 15
I than ten business days after the vesting of title, $5,000,000 shall be
2 placed by the SLC in a separate Maintenance Account within the SLC's
3 Land Bank Fund, to be permanently reserved as the principal of the
4 Maintenance Account and managed for the production of investment income
5 for the purposes of, and in accordance with, this subsection (c) .
6 (2) Monies in the Maintenance Account shall be disbursed and used
7 only for the expenses associated with the Restoration O&M and Management
8 Components of the Project, as follows:
9 (A) Commencing at the end of the first year following the
10 creation of the Maintenance Account, and each year thereafter, a
11 sufficient portion of the interest earnings from the year shall be
12 added to the principal of the Maintenance Account to cover the
13 effects of any inflation which occurred during the year, as
14 measured by the Consumer Price Index.
15 (B) From the date on which title to a minimum of
16 approximately 880 acres in the Bolsa Chica Lowlands has vested in
17 the SLC, accrued interest earnings from the Maintenance Account
18 which remain after the requirements of subparagraph (A) of this
19 paragraph _(21 (I) have been met may be used by the SLC, or the
20 agency which has entered into an agreement with the SLC to manage
21 the Project, for such operation, maintenance, monitoring, and
22 management of the Project's lands and physical features as is
23 necessary to maintain the Project's habitat values and aquatic
24 functions, including removal of any blockage that may occur in the
25 ocean inlet.
26 (C) Throughout the first, second, third, fifth, and tenth
27 years following completion of the Restoration Features Component
28 of the Project, the SLC, or the agency which has entered into an
29 agreement with the SLC to manage the Project, shall carry out
30 biological monitoring to document the fish and wildlife values and
31 aquatic functions of the Project, with all costs of said
32 monitoring to be covered with accrued interest earnings from the
33 Maintenance Account. Such monitoring shall be carried out in
34 accordance with a plan developed by the SLC, or the agency which
35 has entered into an agreement with the SLC to manage the Project,
36 and approved by the NMFS, FWS, EPA, USACE, and CDFG and shall
37 include success criteria and at least an annual report for each of
38 the years that are monitored which describes the results of each
39 year's monitoring.
40 (D) The carrying out of the Restoration O&M and Management
41 Components of the Project (including biological monitoring) , and
42 expenditures therefor from-the Maintenance Account, shall be made
43 in accordance with an annual work program and budget prepared by
44 the SLC, or the agency which has entered into an agreement with
45 the SLC to manage the Project, and agreed to by the NMFS, FWS,
46 EPA, USACE, and CDFG. The SLC, or other managing agency, shall
47 provide NMFS and CDFG with quarterly reports of: (i) its
48 expenditures for restoration activities through the quarter in
49 which construction of the Project is completed, (ii) its
50 expenditures for operation, maintenance, monitoring, and
51 management of the Project through year ten following completion of
52 the full tidal basin and ocean inlet portions of the Project, and
53 (iii) any withdrawals of the principal in the Maintenance Account,
54 made in accordance with paragraph (4) of this subsection (c) ,
55 including the justification therefor.
56 (3) Any accrued interest earnings which are not reinvested or
4/26197 Unofficial Version of original w/ 1st 4 2nd Amendments 16
I withdrawn and expended in accordance with paragraph (2) of this
2 subsection (c) shall remain available for future expenditure in
3 accordance with the said paragraph (2) , unless the State and Federal
4 parties to this Agreement agree to add all or a portion of such excess
5 interest earnings to the principal of the Maintenance Account.
6 (4) Account principal (i.e. , the original $5,000,000 and interest
7 earnings added thereto over time) shall be available for expenditure
8 only for the purpose of ensuring the preservation of fish, wildlife and
9 wetland habitat values and aquatic functions in the event of a natural
10 disaster or other catastrophic event of a non-recurring nature which
11 would otherwise significantly reduce or eliminate such values and
12 functions.
13
iture ;:Fu ll.; 3da1>Restcsratir :>Acbctunt
14 ;an( } f, d my f title a m�nxmum cif apprr3imately 88D
15 acresrl the ......�osrazardydank s
16 have aach de osz ed the sums d ct: >:... Sao xan ......
{ } I: xzri
17 later khan ., 3 ve bu.53rtess : s : dwt : ; h
18
O2� S1ms;:::::ss..
y.:.:.....:::::....::.::.::.::::....•.::.:: .:: .:...:.:. :::::.::: ::.::.:.:...:::: ::..........
19L ::>::xn:::>a:»:se. arat:e:::: 'utur :>:::Fi > >•:>T3za :::>:Retaratn::: ► t::>:: rf: :::SLe:':>s
P .:::::::::::::::::.:: :::::.::::::.::::::::.::::::::::::::::::::::::.::::::::::::::::::::::::.
20 S;azi ::<:: an3c::<:Ful�tcl':::» d<>)7e:::xevd:;: 1 :<::: h ::<:: . aXix
21 manes era for.the �odur3ri>rif:>`irivriiient ncame'<::::azs °::>tiset < rsr'>th
...;.
22 purpases.. off, az�d an aGcaxdanue with, hxs suYa� an:::Ed?
23 {2} the prnpai arc'>< ` �ar3g w2� ueA
24 ut�zxe u7l dal` R st�ra � iz ;Accauz�t...sk�as;....Al.:>
:.......: ::.::::::::::::::.:.:::::::...:::::::::::.:::.:::.:::::.::::::.:.. ::::::::::::. :: ::::Y ..............:.
z 5 pttrpgs :: �srax r� :: :>:: x : U� '....0 t d : »:: xt d: : : sh::::anc
:....:.::::...:.::....:::.:.....:.:....:.:.....::...:..:::::...::::::::::.........::::.:::::::::::r.::•::.::..::::::::::::::::::.::..:. :.::::::::::.::.:_:.:..:::.::::::::::::::::::.:::::::::::..:.
2 6 w d ::x: :::>hab : a:f: : n >>:: hs;>: x :>:: :<:Tx a :::>: >::> ::<::: x.
............::::::::::::::.........................:..........::::.:::......::::::..........:::::::.......: ..............................
7 o cept Plan at such time as milac gad.. elsl:: eratinis the area
.:.
28 as grid...tizzy»:envy. ?�zrsien a: .:..68M xxxa dx his ;:; a ..... uX.
30
ak...n... :..ac...o. ...a.....a......... •:: t..:anti::bud ;et..:: ....o
31
Inc
:..: «::......:: .. .:.:::;:.:..:.. ......
......:.. ::.:.:.....:.::
32 _ i ;:;#> .r +-::=>' .x P.tad;::.b. -:: . :::» ::> ::> : ..........
�..�. ec.....� ans�. a....... .......:...a.::.... ::::.:.he. St..:a.,..::: ...�W >::ax�d
33 CONS ERYANY..:..
:..........:....:.. .
34 :'( Zf an r monies Tema ri : r... ie Fiit zre Full Txda s Ora.10
35 lacittix afxh .r+�stoa :zxx..4 :: hitue . ' `xdazsa» :s
36 acccm lzshed, thexx thole:ranxc�a:> sha » razar:<bgh � o ;tza
37 Mxit> 1?t��k4ecau�tv_ � ►iaax 4 :: 5 .ri ' .» the sad aQur�
38 unless..all.. f.thy:` 'edezal [a d :Cat >> arCx a :>: a«:this:<:
:...............:................:......:.::......::......:..................::..:::..........R
39 1T2::::> c: :3 V x'z:>< . .. :.i :. :::? <:::: :•'% .. T3 z` # _:i%i'f' ;:. .:r :::>ari" .
40 maz�a:41 ::
:a :. .. 'sc1
....................................
OLl'C:>:::{7::'<::<�h��i<ft1O213£�3`::::::t1�t�1�:..:.'::::�:::f�'QYt[;?:C.:.���.:iMd3:13��I1r"1.37.p+{-'�.:^:A�COi23]�:�:
42 (ed) Expenditures of monies made available for the Project shall be
43 deemed to be made from the following sources:
44 (1) For the purposes of acquiring the initial 880 acres (more or
45 less) from the Signal Bolsa Corporation, $1,000,000 of the purchase
46 price shall be deemed to come from the monies provided by the
47 CONSERVANCY in accordance with Section 8 (b) , with the balance coming in
48 prorata shares from all other sources of monies available at the time of
49 closing.
50 (2) For the purposes of reimbursing costs incurred by the
51 CONSERVANCY, SLC, FWS, and USACE in carrying out their respective
52 responsibilities pursuant to Sections 3, 4, and 5, reimbursement of such
53 costs shall be deemed to come in prorata shares from all sources of
4/26/97 Unofficial Version of original w/ lst 4 2nd Amendments - 17
1 monies available for activities undertaken pursuant to Sections 3, 4,
2 and 5.
3 (fie) All records, invoices, vouchers, ledgers, correspondence, and
4 other written documents of any kind developed during the course of the Project
5 which document the expenditure by any party of monies for the Project, whether
6 from the Land Bank Fund or otherwise, shall be retained for a period of four
7 (4) years following the year in which an expenditure was made and shall be
8 available to the extent provided under applicable law (such as the Public
9 Records Act and Federal Freedom of Information Act) , for audit by any party to
10 this Agreement.
11 ( €) If this Agreement or a related project results in litigation in
12 which any party to this Agreement is challenged, each party shall bear its own
13 legal fees and expenses, except as provided in Section 13 (b) (1) (B) with
14 respect to the CONSEJZVANCY.
15 SECTION 13.5. Granting of Mitigation Credits and Other General
16 Provisions.
17 (a) This Agreement commits each Board to provide a sum of $33,375, 000
18 to enable the SLC to purchase from the Si nal Bolsa corporation a minimum
19 approximately 880 acres in the Bolsa Chica Lowlands f_or fish and wildlife
20 habitats consistent with the Concept Plan and to enable the SLC and FWS to
21 conduct wetlands restoration activities thereon. In accordance wit a Findin
22 of No Significant Impact entitled "Supplement to Final Environmental Impact
23 Statement, Stage Two Construction Los Ancreles Harbor Deepening, " dated
24 November 22, 1996, it has been determined by the Department of the Army that
25 the tun s required from the Port ot Los Ange_es under t zs Agreement satist _
26 is obltq tions to perform mitigation as required in�the Report of the Chief.
27 of Engineers, dated NoviTmber 24, 1993, and the Report of the Secretar of the
28 Arm dated January 26 1994. This mite ation_is eguiva ent to 227 acres of
29 mitigation credits. In recognition ot this findinq, it has been
30 administratively determine y t e Federal agencies that, by payment of the
31 funds re fired under this Agreementthe Port of Lon Beach sha a entitled
32 to an equivalent mitigation credit. As the barties recognize in Section 8 c
'33 Tie 66,750,000 Provided by the Boards may_npt a suT_iccfent _to u v fundthe
34 acquisition of afro ertios in the Bo_lsa Chica_ L_o:vlar_d_sand. to. conduct _
35 mitigation restoration ac ides thereon. Any decision by a party of this
36 Agreement to seek funding for additional acglAis tion and restoration
37 activities shall e discretionary. Once that decision is_made t__e_a�n�
38 s a 1 actively see suc a aitionat tun ding as specified in Section 8 c of
39 t — Agreement.
40 b Any obligation either placed on a Federal or State agency or
41 acce ted b such agency under the terms of this A reement shall be subject to
42 the availability of funds in amounts sufficient to icruidate those
43 obligations.
44 (c) Nothinq in this A reement shall Prevent the SLC from del2ositing
45 funds in its Land Bank Fund in advance ot the date s ecified in this-Agreement
46 s_hould the SLC determine t at t is will aci state the undertakings
47 conteM21ated in this Agreement.
48 GRANTING, VESTING, AND USE OF MITIGATION CREDITS
49 SECTION 14. Vesting of Mitigation Credits Giceated bXX Prcejeet
50 (a) I3 Implementation of the Restoration Features and Restoration
4/26/97 unofficial Version of Original w/ 1st & 2nd Amendments 18
1 O&M Components of the Project are expected to create habitat values and
2 aquatic functions, as determined in Exhibit B, sufficient to offset 454
3 acres of landfill in the outer harbor areas of the Harbor Districts.
4 This is based on implementation of the Concept Plan as described in
5 Exhibit A. The Concept Plan calls for a new ocean inlet and habitat
6 areas subject to full tidal action in the following approximate
7 proportions: not less than 50 percent below -3 feet Mean Lower Low
8 Water (MLLW) , 35 percent between -3 and +2.5 feet MLLW, and 15 percent
9 between +2.5 and +5.5 feet MLLW.
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11 srhk. 1s large:::':ough to handl .tidal. vc�luuRas.ba Z;fc Ada
::.
12 and'`gue . ... aag::: d.. vna :: ixochi Sara..................c ... .
13 az�:f:lazcne:::<::xz�t ::::: s €>:::: 'ii ::::> I: .;:.:' .d :l:.;:.:ax ::>::a:F :<:: si :: `:?` i::: bfit
14 1>:` ><`s<[acla>>:<>:tic< frt os`: if fi e erit» o c f se `:<a add tim I:8 'Cr s
15 ref:> l: idf: ': 1:::::>a: ::::::t3 =:>auto :<:hkaCa: >::a >: z : :
16 (b) Even if it turns out that implementing the Restoration Features and
17 Restoration O&M Components of the Project in accordance with the Final Plan as
_....... .. ... . _.... ..................._._...................._......_..........
18 developed pursuant to Sections 3 and 4 :..:. :.:.... . ..,.,..:,.;::,::.:>,,':_'.`_':, °.,.;. .:., . :: •; ::
P:..:::... ..::...:.:...:.: ................. nd ............. 0 u ......
19 'ti <;?'ti ;: Tzal'. : a will not generate sufficient 2iab'it"a't' val"ues "ariii"aquatic
20 1unct oris`to' create all 53>4 454 acres of landfill mitigation credit, or even
21 if it turns out that the`ftinding for construction of the Restoration Features
22 Component of the Project proves to be insufficient and construction is
23 terminated in accordance with Section 5 (c) above with the result that
24 sufficient habitat values and aquatic functions are not generated so as to
25 create all 53g 454 acres of landfill mitigation credit, the 454 credits
26 shall still" remain vested in the BOARDS for their use in accordance with
27 Section 15.
28 (1) If either of these events occurs, the USAGE, FWS, NMFS, CDFG,
29 EPA, SLC, RA, and CONSERVANCY shall (with good faith, due diligence, to
30 the extent feasible and consistent with CEQA, NEPA, and other applicable
31 laws, and to the extent that monies made available pursuant to this
32 Agreement remain available in the SLC's Land Bank Fund after funding the
33 Project) identify, plan, design, and implement an alternative tidal
34 restoration project for the Bolsa Chica Lowlands or an appropriate tidal
35 restoration project or projects at a location or locations other than
36 the Bolsa Chica Lowlands, but still within the Southern California
37 Bight, in order to generate sufficient additional credits. Prior to the
38 expenditure of monies from the Land Bank Fund for this purpose, the
39 parties agree that the lands to be restored at such other location or
40 locations will either be acquired by the SLC or be made subject to a
41 public trust easement in favor of the State of California, acting by and
42 through the SLC.
43 (2) Furthermore, if either of these events occurs, the Federal
44 and State parties to this Agreement shall, with good faith and due
45 diligence, agree on an allocation of all or a portion of the principal
46 then existing in the Maintenance Account for the operation and
47 maintenance of any tidal restoration project or projects undertaken at a
48 location or locations other than the Bolsa Chica Lowlands, but still
49 within the Southern California Bight.
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51 contemplated,: a point �3eterminaticsz `;is :made by the> C?NBRVAIICY� NMFS, I?AF<
52 >.that;>::a:xa.uz� <:> d axe auax�ab..leirs> d>: 'i `ixl 2da'1°
'W`.�.:::a r .:. .:::::.:::::::::::::::::::.................:.......:::::::::::::::::::::::::::::::.:.............:.............................:::::::::.::::::::::::.::::.:::::.::::::::::::::.:::::::::::::.::.:::.:..::...
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:::::.::...........:::::.:.............:::::::::::::. . .
54 and`'"�:>;s: � :��::<mor�� �<` �:........�................�a ...�.:::........................�.........�.::.�.� �:��.::ah�:.�s� ..��.
55 ........... ........
56
57 ru ::: :.. �:�:::,.�`x:da�:<::;:a���;.:.>::.;:;:;:.1.�::;::�.;>:��Ait�»:: .xQ��d�s:::::f:�t7r'�h�x=•:�:�rx�S� :::::'�4����:�:::::s�c'C���........
4/26/97 Unofficial Version of Original w/ lst & 2nd Amendments 19
....:......
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.....................
..............:................. ::::..::.:::::. .:::.::.::.::::::.:.:�.,:..::r::.:..:...:}.....:4Y':4i:4i:v:.:•:•:i:•::::4:iii::.i:::i}iXo' i:rvi: ':' '.i}}}iY:;J:;?;N::}..: ....::::::..::..:..�::::::..•: :::::::::•:.ii':'..............:......\....................rr.. -... r: ^.�:bi:}i
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P :: :::::::::: :.::. .:.:.,.:::::::::::::::::::.::::. .: .............
4Iu .::: a .;:W use m�d� 1b� tau :>:< sg::; ac :d� y .:>: ,�.
5 SECTION 15. Use of Mitigation Credits by the BOARDS.
6 (a) If the BOARDS have deposited the sum called for by Section 8 (a) '
7 and if title to a minimum of approximately 880 acres in the Bolsa Chica
$ Lowlands has vested in the SLC in accordance with this Agreement, then the
9 BOARDS shall be entitled thereafter to immediately use up to 454 acres of
10 outer harbor landfill mitigation credits to
.,..;.:...,..,.;...:.:.:.:.;.':::.o ffset impa:.c..:t....s
:«.v-t..::.x
....... �......:...:
. ...:.......... x .12 on d c13
e.....:..
:
- ..:::::.•^'4?.:.::::::::::::::::::::1.�;:::;>::;'i•:<:''::;:i;>: `%:<'>::i::i:;:i:.::;:::::::::;:>iii::
14 i:`:':::_i'tisi>•.:::.::::::;:>:::::jS:ij::•...::::::::::::::..:•::::::......
is
a a 3x::.iiii ` are
17 alhocated to each of the two BOARDS, and neither BOARD s"'Ii use more than its
18 allocation of credits without express written permission of the other BOARD.
19 One acre of inner harbor landfills (inner and outer harbor areas are shown in
20 Exhibit C) shall be debited from this account at half the rate of outer harbor
21 landfills since the inner harbor has less habitat value per acre than the
22 outer harbor. Should biological surveys indicate that revision of the inner
23 harbor definition shown in Exhibit C is warranted, then the BOARDS, CDFG,
24 NMFS, and USACE may mutually agree to modify Exhibit C accordingly. Each
25 BOARD shall maintain complete records and produce on demand for the other
26 parties a current account of credits expended and remaining. If either BOARD
27 is prevented from using its credits or has credits in excess of its landfill
28 needs, then such BOARD may sell and transfer such credits to the other for the
29 prorated cost of the credits being sold.
30 (b) The BOARDS covenant and agree that they will undertake port
31 projects which affect fish and wildlife resources only after fee title to a
32 minimum of approximately 880 acres. in the Bolsa Chica Lowlands has been
33 acquired by the SLC in accordance with this Agreement. The USAGE, FWS, EPA,
34 NMFS, and CDFG acknowledge and agree that some BOARD projects may involve
35 impacts to fish and wildlife resources occurring in advance of compensatory
36 mitigation being effected through implementation of the Restoration Features
37 Component of the Project, although the USAGE, FWS, EPA, NMFS, and CDFG
38 anticipate that the BOARDS will use the mitigation credits to be generated by
39 the Restoration Features Component of the Project over a number of years. So
40 long as port projects involving fills are not in wetlands as defined in
41 FWS/OBS 79/31 and have received the required authorizations, the USAGE, FWS,
42 EPA, NMFS, and CDFG agree that the BOARDS shall be entitled to use all of the
43 mitigation credits identified in subsection (a) of this section when and as
44 set forth in subsection (a) of this section. This paragraph does not prevent
45 the Ports from carrying out projects which affect fish and wildlife resources
46 which have been mitigated by otherwise available mitigation.
47 (c) Projects within the Harbor Districts that may be regulated by any
48 party to this Agreement, and which may require compensatory mitigation of
49 marine habitat losses, shall be considered when submitted by the BOARDS.
50 Nothing in this Agreement shall alter or replace the obligation of the FWS,
51 USACE, EPA, NMFS, and CDFG to follow the normal procedures and requirements
52 for processing permits for projects proposed by the BOARDS. If a port
53 landfill project for which BOARDS are seeking permits has followed said normal
54 procedures and is otherwise approvable, the FWS, USACE, EPA, NMFS, and CDFG
55 acknowledge that the biological mitigation credits established by this
56 Agreement will constitute acceptable compensatory mitigation, provided a
57 positive balance of credits established herein exists.
4/26/97 Unofficial Version of Original w/ 1st 6 2nd Amendments 20
1 (d) The FWS, USAGE, EPA, NMFS, and CDFG (the "Agencies") agree that
2 they have had their respective counsel review this Agreement, the applicable
3 laws and regulations within their respective jurisdictions, the authorities
4 which govern dredge and fill projects in coastal waters, and, as to the Port
5 of Los Angeles (POLA) , the "Deep Draft Navigation Project EIR/EIS" and related
6 documentation. Based on this review and consistent with the above paragraphs,
7 the Agencies concur that deposit by the BOARDS of the sums called for by
8 Section 8 (a) and acquisition by the SLC of title to a minimum of approximately
9 880 acres in the Bolsa Chica Lowlands in accordance with this Agreement
10 satisfy all applicable requirements for the vesting of these credits in, and
11 the use of these credits'by, the BOARDS in accordance with subsections (a) and
12 (b) of this section. All the Agencies concur that the mitigation credits
13 which POLA receives will fulfill the requirements for up to 227 acres for
14 Phase II of POLA's Pier 400 project, as discussed in the above referenced Deep
15 Draft Navigation Project EIR/EIS, so long as the Coastal Commission and other
16 permit agencies issue permits for such Phase II Pier 400 development. The
17 Agencies further agree that such permit may not be denied solely on the basis
18 that POLA intends to use the mitigation credits received pursuant to this
19 Agreement to mitigate the Phase II Pier 400 landfill.
20 MISCELLANEOUS PROVISIONS
21 SECTION 16. Endangered Species Considerations. All parties agree that
22 construction of the Project will be scheduled and completed taking into
23 account any State or Federal endangered species which may utilize the Project
24 area. Terms and conditions of a Biological Opinion for the Project, prepared
25 pursuant .to section 7 of the Federal Endangered Species Act (16 U.S.C. Sec.
26 1531 et seq. ) , shall be implemented.
27 SECTION 17. Effective Date, Term, and Termination/Withdrawal.
28 (a) This Agreement shall not take effect unless and until it is
29 executed by all ten parties hereto. It shall be dated and take effect as of
30 the latest date upon which it is executed as among the signatories hereto.
31 (b) This Agreement shall remain in full force and effect until
32 automatically terminated pursuant to the terms hereof or by agreement of all
33 the parties hereto.
34 (c) If any governmental agency, excluding the BOARDS, but including,
35 but not limited to, one of the other parties to this Agreement, any trial
36 court (whether or not the trial court's final decision is appealed) , or any
37 new or existing legislation prevents either or both BOARDS from using the
38 credits granted by this Agreement in the manner provided by this Agreement
39 (including provisions of Section 14) , then the affected BOARD shall be
40 entitled, upon written notice to the other parties, to withdraw from this
41 Agreement and recover its prorata share, less the cost of any non-cancellable
42 obligations, of the unexpended balance of monies remaining in the SLC's Land
43 Bank Fund (including the Maintenance Account) . Such withdrawal will only be
44 allowed to occur prior to the award of contracts for the major construction
45 elements (defined as a value of at least $5, 000,000) of the Restoration
46 Features Component of the Project or of any BOARD landfill that would have
47 been mitigated by the Restoration Features and Restoration O&M Components of
48 the Project.
49 (1) If only one BOARD withdraws from this Agreement, then the
50 other BOARD shall have the right to purchase all of the mitigation
51 credits of the withdrawing BOARD by paying directly to the withdrawing
52 BOARD, within 45 calendar days of the other BOARD'S withdrawal, an
4/26/97 Unofficial Version of Original w/ lst 4 2nd Amendments 21
1 amount of money equal to the amount to which the withdrawing BOARD is
2 entitled pursuant to paragraph (3) of this subsection (c) , in which
3 event the monies of the withdrawing BOARD shall remain in the SLC's Land
4 Bank Fund to be credited to the remaining BOARD and this Agreement shall
5 terminate with respect to the rights and obligations of the withdrawing
6 BOARD, but shall otherwise continue in full force and effect. However,
7 if one BOARD withdraws from this Agreement but the other BOARD does not
8 purchase the withdrawing BOARD'S mitigation credits within the
9 aforementioned 45 day period, then this Agreement shall automatically
10 terminate on the 46th day, unexpended monies deposited with the SLC by
11 each BOARD shall be, subject to paragraph (3) of this subsection (c) ,
12 immediately returned by the SLC in an amount proportionate to their
13 respective contribution, and neither BOARD shall be allowed any
14 mitigation credits.
15 (2) Ifcthe BOARDS give simultaneous written notices of their
16 withdrawal from this Agreement, or if one BOARD has previously withdrawn
17 and its mitigation credits have been purchased by the second BOARD which
18 thereafter gives written notice of its withdrawal from this Agreement,
19 then this Agreement shall automatically terminate 30 days after receipt
20 of such notices by the SLC, unexpended monies deposited with the SLC by
21 each BOARD (or credited to the second BOARD if it has purchased the
22 first BOARD'S mitigation credits) shall be, subject to paragraph (3) of
23 this subsection (c) , immediately returned by the SLC in an amount
24 proportionate to their respective contribution, and neither BOARD shall
25 be allowed any mitigation credits.
26 (3) In the event a BOARD withdraws from this Agreement pursuant
27 to this subsection (c) , then the monies to which a BOARD is entitled
28 shall be limited to that BOARD'S prorata share of the unexpended balance
29 of monies, including interest earnings thereon, which remain as of, and
30 for which no non-cancellable obligations have been incurred as of, the
31 date a BOARD'S notice is received by the SLC.
32 (d) If a BOARD withdraws from this Agreement as authorized by
33 subsection (c) of this section after acquisition from the Signal Bolsa
34 Corporation of the approximately 880 acres of the Bolsa Chica Lowlands, and
35 if, because of such acquisition, the withdrawing BOARD'S share of the monies
36 used for the said acquisition cannot be returned to or reimbursed to that
37 BOARD, then the Federal and State parties to this Agreement shall negotiate in
38 good faith with the withdrawing BOARD to attempt to reach a mutually
39 acceptable means of making the withdrawing BOARD whole and to-.support in good
40 faith any necessary legislative and/or administrative action to implement any
41 such agreement.
42 SECTION 18. Substantial Conformance. The term "in substantial
43 conformance", whenever used in .this Agreement, shall mean not differing in any
44 way that results in a reduction in the habitat values and aquatic functions
45 anticipated from the Project and not in conflict with the requirements of
46 State and Federal law.
47 SECTION 19. Disclaimers.
48 (a) By participating in this Agreement, no party waives or yields to
49 any other party to the Agreement any regulatory authority or duty that is
50 necessary to the proper exercise of that party's discretion or otherwise
51 imposed by law.
52 (b) Nothing in this Agreement shall be deemed a waiver of the attorney-
53 client privileges of any party.
4/26/97 unofficial Version of Original w/ lot & 2nd Amendments 22
I SECTION 20. Notices.
2 (a) Any communications or notices required by this Agreement shall
3 either be mailed by United States first class mail, postage prepaid, and
4 addressed as follows, or transmitted by facsimile as follows:
5 Executive Director Executive Director
6 Port of Los Angeles Port of Long Beach
7 P.O Box 151 P.O. Box 570
8 425 S. Palos Verdes St. 925 Harbor Plaza
9 San Pedro, CA 90733 Long Beach, CA 90802
10 Fax: 310-547-4643 Fax: 310-495-4925
11 Field Supervisor Regional Director
12 U.S. Fish and Wildlife Service National Marine Fisheries Service
13 2730 Loker Ave. W. 501 W. Ocean Blvd, Suite 4200
14 Carlsbad, CA 92008 Long Beach, Ca 90802
15 Fax: 619-431-9624 Fax: 310-980-4018
16 District Engineer Director, Water Management Division
17 U.S. Army Corps of Engineers Attention: Wetlands Section
18 Los Angeles District U.S. Environmental Protection Agency
19 P.O. Box 2711 75 Hawthorne Street
20 911 Wilshire Blvd. San Francisco, CA 94105
21 Los Angeles, CA 90053-2325 Fax: 415-744-2499
22 FaX: 213-452-4214
23 Executive Officer Secretary for Resources
24 California Coastal Conservancy California Resources Agency
25 1330 Broadway 1416 Ninth St. , Suite 1311
26 Oakland, CA 94612 Sacramento, CA 95814
27 Fax: 510-286-0470 Fax: 916-653-8102
28 Regional Manager Executive Officer
29 California Department of Fish and Game California State Lands Commission
30 330 Golden Shore, Suite 50 100 Howe Avenue, Suite 100 South
31 Long Beach, CA 90802 Sacramento, CA 95825-8202
32 Fax: 310-590-5113 Fax: 919-574-1810
33 (b) Each party hereto shall be responsible for advising the other
34 parties in writing and in a timely fashion of any changes to the above titles,
35 addresses, and faxogram telephone numbers, and of any further subsequent
36 changes. Until notice of such changes is received, all communications and
37 notices shall be deemed to have been properly sent if sent to the last known
38 title and address or faxogram telephone number for a party.
39
40 SECTION 21. Executed Counterparts. The signature pages of this
41 Agreement are being executed in counterparts. When all parties have signed,
42 all executed counterparts taken together shall constitute one and the same
43 instrument. The FWS shall be responsible for receiving and retaining the
44 originally executed signature pages of each party, for dating the Agreement as
45 of the latest date upon which it is executed as among the signatories hereto,
46 and for providing a copy of the dated and executed Agreement to each of the
47 parties.
48 IN WITNESS WHEREOF, the parties have entered into this Agreement
49 effective as of the date first written above.
50 [Signature Pages Omitted from This Unofficial Version of the Document]
4/26/97 Unofficial Version of Original w/ 1st k 2nd Amendments 23
4/26/97 Unofficial Version of Original w/ 1st & 2nd Amendments 24
1 EXHIBIT A
2 CONCEPT PLAN
3 FOR FISH AND WILDLIFE HABITAT RESTORATION
4 AT THE BOLSA CHICA LOWLANDS,
5 ORANGE COUNTY, CALIFORNIA
6 Bolsa Chica Restoration Goals:
7 The goal of the Concept Plan for the Bolsa Chica Lowlands Project (the
8 "Project") is to provide for the retention of existing fish and wildlife
9 resources and, to the extent desirable and feasible, the enhancement thereof.
10 Further, it is intended that the ecosystem resulting from the implementation
11 of the plan be naturalistic, biologically diverse, productive, and estuarine
12 in nature. That is,► it shall be predominantly salt water influenced, but
13 incorporating biologically beneficial freshwater influence. In addition, the
14 acreage of waters and wetlands in the lowland shall not be diminished.
15 Specific Obiectives of the Concept Plan:
16 The specific objectives of the Concept Plan for the Bolsa Chica Lowlands
17 Project are that:
18 @ overwintering habitat value for migratory shorebirds, seabirds, and
19 waterfowl shall not be diminished and shall be enhanced where feasible.
20 @ nesting habitat for migratory shorebirds and seabirds shall not be
21 diminished and shall be expanded where feasible.
22 @ habitat value for estuarine fishes shall not be diminished and shall be
23 expanded and diversified where feasible.
24 @ nesting and foraging conditions for State and Federal endangered species
25 shall not be adversely impacted. Also, implementation of the plan shall
26 especially contribute to the recovery of these species: light-footed clapper
27 rail, California least tern, western snowy plover, and Belding's savannah
28 sparrow.
29 @ the mix of habitat types shall include perennial brackish ponds,
30 seasonal ponds/salt flats, pickleweed dominated flats, cordgrass dominated
31 intertidal zone, unvegetated intertidal mudflat, subtidal seawater volume with
32 low residence times.
33 @ modifications to the hydraulic regime, necessary to achieving the above
34 objectives, shall emphasize minimalized requirements for manipulations and
35 maintenance, no degradation of existing flood protection levels.
36 @ interests of contiguous property owners will be protected.
37 @ once completed, maintenance and management of the area shall be to
38 maximize native, estuarine fish and wildlife habitat value of the Bolsa Chica
39 Lowlands in perpetuity, to include active removal and exclusion of
40 detrimental, nonnative biota.
41 @ allowable public uses shall include passive and non-intrusive recreation
42 activities, focused on peripheral areas, interpretive foci, and trails.
43 @ total removal of oil extraction activities and their past effects shall
44 be conducted in a phased, cost effective, and environmentally sensitive
45 manner.
4/26197 unofficial Version of Original w/ 1st & 2nd Amendments 1
1 @ monitoring and evaluation of the success of biological objectives shall
2 be conducted.
3 Description of Concept Plan for the Bolsa Chica Lowlands Project:
4 No change is contemplated to the full tidal part of the Ecological_ Reserve
5 (i.e. , Outer Bolsa Bay ) or the muted tidal portion of the Ecological Reserve
6 (i.e. , Inner Bolsa Bay) , except for the degraded, unrestored areas within
7 Inner Bolsa Bay and except for the possible inclusion in the Full Tidal area
8 (see below) of the most recently restored cell in the Inner Bolsa Bay portion
9 of the Ecological Reserve. No rerouting of the Garden Grove-Wintersburg Flood
10 Channel is contemplated although relocating the existing flapgate outlet about
11 0.5 miles upstream is contemplated. An area of about 120 acres in the
12 southeasterly corner of the Bolsa Chica Lowlands is also contemplated to be
13 left unchanged and is depicted on the enclosed figure as Seasonal Ponds.
14 Reestablishing additional areas of full tidal habitat in the Bolsa Chica
15 Lowlands is considered highly desirable for biological diversity and
16 productivity reasons. Bolsa Chica was historically full tidal and had its own
17 ocean inlet. Improving tidal influence is widely recognized as the principle
18 method of restoring missing components of this coastal wetland ecosystem.
19 However, engineering and biological constraints are expected to limit the size
20 and location of contemplated tidal restoration. Some of the areas planned for
21 full tidal restoration already have existing wetlands values, the loss of
22 which will be compensated either through enhancing these values when full
23 tidal action is restored (designated Full Tidal areas) , or by introducing
24 managed tidal waters into other areas of the site (designated Managed Tidal
25 areas) .
26 Preliminary engineering indicates that significant increases in the tidal
21 prism (the volume of seawater between the high and low tides) necessary to
28 achieve the biological benefits in the lowland cannot be conveyed through the
29 existing channels of outer Bolsa Chica, through Huntington Harbor and Anaheim
30 Bay without damaging tidal flats and incurring erosion and safety problems.
31 Therefore, an ocean inlet, to reestablish the historic connection to the sea,
32 is contemplated. Avoidance of further beach erosion or water quality
33 problems, encouragement of human recreational access, retention of public
34 safety access, and the public transportation thoroughfare requirements are
35 related factors to be considered in contemplating reestablishment of a Bolsa
36 Chica ocean inlet, with any adverse impacts thereto to be fully mitigated.
37 The enclosed figure depicts a contemplated ocean inlet connecting to an area
38 shown as Full Tidal (approximately 384 gross acres) . Levee reinforcements are
39 contemplated to be necessary primarily along the inland side of this area, as
40 the Ecological Reserve dike and flood channel levees may already be sufficient
41 for the purpose. A full tidal range (extreme tides are about +7.5 to -1.5
42 feet Mean Lower Low Water, MLLW) would be expected in this entire area. Most
43 of this area, but for the upland sand dune area known as Rattlesnake Island,
44 already lies between +3 and -3 feet MLLW. Excavation within the contemplated
45 Full Tidal area would be the minimum necessary to achieve: an inlet bottom
46 depth and subtidal slough (shown as a thin dashed line) about -4 feet MLLW.
47 The areas adjacent to this shallow subtidal slough would become intertidal
48 mudflats and vegetated saltmarsh, especially cordgrass. Some deposition of
49 dredge spoil in these areas may be appropriate in order to achieve sufficient
50 acreage at tidal elevations suitable for cordgrass (+2.5 to +4 feet MLLW) .
51 Oil wells, water injection wells, well pads and access roads would all be
52 removed from within the Full Tidal area.
53 Two adjacent areas depicted on the enclosed figure as Managed Tidal (about 220
54 gross acres) are not contemplated to be physically modified directly but would
55 have seawater readmitted to them in an intermittent or very muted manner
56 through culverts or water control structures through the reinforced levee or
4/26/97 Unofficial Version of Original w/ 1st 4 2nd Amendments 2
1 flood channel levee. Pickleweed dominated saltmarsh and shallow saltponds-
2 saltflats are the contemplated habitat types. Existing pickleweed in this
3 managed tidal area as well as the tidal and muted tidal portions of the
4 Ecological reserve would remain intact and well exceed 200 acres in extent.
5 Oil well pads and roads could be removed or revegetated upon inactivation of
6 the wells in this area.
7 The remaining area depicted on the enclosed figure is labelled as Future Full
8 Tidal (about 275 gross acres) . This area includes the highest concentrations
9 of active oil wells but much of the lowest elevations in the lowland. It is
10 therefore contemplated that upon depletion of the oil field in 15-20 years and
11 removal of the wells and any contamination, it may be feasible to simply
12 breach the dike and allow a large portion of it to become slough, tidal flats,
13 and saltmarsh without extensive earthwork. Such maintenance and management of
14 this area is part of the Project (i.e. , the Management Component of the
15 Project as defined in Section 1(a) of the body of the Agreement) . However,
16 potential future restoration of this area is not part of the Project and is
17 not a basis for the mitigation credits to be granted to the BOARDS.
18 Enhancement of suitable nesting areas for Belding's savannah sparrow would be
19 achieved in the Managed Tidal areas, while other existing valuable areas would
20 be retained intact in the Seasonal Pond area and in the muted tidal portion
21 (i.e. , Inner Bolsa Bay) of the Ecological Reserve (except for the possible
22 inclusion in the Full Tidal area of the most recently restored cell in the
23 Ecological Reserve) . Seasonal pond habitats in all areas (not just in the
24 Seasonal Ponds area depicted on the attached map) would not be less than 150
25 acres. Significant enhancement of suitable nesting habitat for the light-
26 footed clapper rail would be achieved in the cordgrass expansion part of the
27 Full Tidal area. Nesting area for the California least tern and western snowy
28 plover would be achieved by creation and retention of sparsely vegetated
29 sandflat and saltflat areas protected from disturbance or water inundation.
4/26/97 Unofficial Version of Original w/ let s 2nd Amendments 3
1 EXHIBIT B
2
3 EXPLANATION OF THE PROPOSED HABITAT VALUE TRADEOFF RATIO
4 Habitat evaluations of Los Angeles/Long Beach outer harbor landfills impacts
5 and tidal wetland mitigation have been previously completed. Subsequently,
6 landfill projects and their mitigation projects have been permitted and
7 undertaken, in consideration of these habitat evaluations. Specifically, Port
8 of Long Beach Pier J landfill is now complete and its mitigation at Anaheim
9 Bay is also complete, including the required biological follow-up monitoring.
10 In addition, a portion of the Port of Los Angeles Pier 400 landfill has been
11 permitted and is under construction, just as its mitigation at Batiquitos
12 Lagoon is permitted and under construction.
13 The mitigation goal for outer harbor landfills has been and continues to be
14 "no net loss of in-kind habitat value" . This means that mitigation habitats
15 may be a different type than that filled, provided it offsets the habitat
16 value for the evaluation species of the filled habitat. Therefore, while the
17 mitigation goal requires a value for value (1:1) tradeoff, the variable
18 habitat benefits of different types of offsetting mitigation works can result
19 in greater or less than acre for acre tradeoffs.
20 In the case of the Pier J-Anaheim Bay evaluation and project, restoration of
21 tidal flow to non-tidal areas equally offsets the habitat values eliminated by
22 the Pier J landfill and resulted in an acreage tradeoff ratio of 1.32 acres of
23 landfill for each acre of mitigation (inversely, 0.76 acres of mitigation for
24 each acre of landfill) . Since the outer LA/LB Harbor biological baseline
25 habitat value is considered to be the same as that established by the baseline
26 studies and the previous habitat evaluations, and since the Anaheim Bay
27 mitigation project type (tidal restoration near the ocean) is similar to the
28 concept type contemplated for Bolsa Chica and its biological benefits have
29 been verified through follow-up investigations, the same habitat evaluation
30 and tradeoff ratio is adopted in this agreement. The complete "Anaheim Bay-
31 Pier J" habitat evaluation report is available upon request. The habitat
32 value of one acre of this type of mitigation is higher than the habitat value
33 of an acre of outer harbor water area deeper than 20 feet, so that less than
34 one acre of mitigation is needed to offset one acre of harbor landfill. That
35 is, for each acre of Bolsa Chica restored to full tidal influence near the
36 ocean, 1.32 acres of outer harbor landfill shall be considered mitigated.
37 Aquatic habitats of the main channels and interior slips of both Los Angeles
38 and Long Beach Harbors (the Inner Harbor) have been documented to be of lower
39 fish and bird diversity and abundance than the outer harbor (from the seaward
40 edge of Terminal Island to the main breakwaters) . Consequently, offsetting an
41 acre of inner harbor landfill habitat loss has required less (half)
42 compensation than an acre of outer harbor habitats deeper than 20 feet.
43 The Concept Plan contemplates about 344 acres of full tidal habitats, which
44 would offset the habitat value loss of about 454 acres of outer harbor
45 landfill (more inner harbor landfill acres) . For example, 1.0 acres of
46 restoration offsets 1.32 acres of outer harbor or 2.64 acres of inner harbor.
47 Conversely, 1.0 acres of outer harbor landfill cost 0.76 acres of mitigation;
48 an inner harbor landfill acre costs about 0.38 mitigation acres.
44/26/97 Unofficial Version of original w/ 1st 6 2nd Amendments 1
I Harbor Landfills Bolsa Chica Restored Full Tidal Habitat
2 Port of Los Angeles:
3 Outer harbor 227 acres 172 acres
4 Port of Long Beach:
5 Inner harbor 60 acres 23 acres
6 Outer harbor 197 acres 149 acres
7 TOTALS 484 acres 344 acres (mitigated by restoring)
t
4/26/97 Unofficial Version of Original w/ lot & 2nd Amendments 2
JUL-18-2001 WED 02:52 PM • FAX NO. 574 1855 P. 02
1 EXHIBIT A
2 CONCEPT PLAN
3 FOR FISH AND WILDLIFE HABITAT RESTORATION
4 AT THE BOLSA CHICA LOWLANDS,
5 ORANGE COUNTY,' CALIFORNIA
6 Bo13a, Chica Restoration Goals:
7 The Goal of the Conrept Plan for the Bol:;a Chica Lowlands Project (the
8 "Project") in to provide for the retention of existing fish and wildlife
9 resources and, to the extent desirable and feasible, the enhancement thereof.
10 Further, it in intended that the ecosystem resulting from the implementation
11 of the plan be naturalistic, biologically diverse, productive, and estuarine
12 in nature. That is, it shall be predominantly salt water influenced, but
13 incorporating biologically beneficial freshwater influence. In addition, the
14 acreage of waters and wetlande in the lowland shall not be diminished.
15 Sper_i.fi.c Obiect.ive-4 of the Concept Plan
16 The specific objectives of the. Concept Plan for the eolsa Chica Lowlands
17 Project are that:
18 C.) overwintering habitat value for migratory shorebirds, seabirds, and
19 waterfowl shall not be diminished and shall be enhanced where feasible.
20 n neating habitat for migratory shorebirds and seabirda shall not be
21 diminished and shall be expanded where feasible.
22 w habitat value for estuarine fishes shall not be diminished and shall be
23 expanded and diversified where feasible.
24 60 nesting and foraging conditions for State and Federal endangered species
25 shall not be adversely impacted. Also, implementation of the plar. shall
26 especially contribute to the recovery of these species: light-footed clapper
27 rail, California least tern, western snowy plover, and Belding•s savar+nah
28 :sparrow.
29• (1) the mix of habitat types shall include perennial brackish ponds,
30 seasonal ponds/salt flats, pickleweed dominated flats, cordgrass dominated
31 intertidal zone, unvegetated intertidal mudflat, subtidal seawater volume with
32 low residence times.
33 G modifications to the hydraulic regime, necessary to achieving the above
34 objectives, shall emphasize minimalized requirements for manipulations and
35 maintenance, no degradation of existing flood protection levels.
36 6a interests of contiguous property owners will be protected.
37 @ once completed, maintenance and management of the area shall be to
38 maximize native, estuarine fish and wildlife habitat value of the Bolsa Chica
39 Lowlands in perpetuity, to include active removal and exclusion of
40 detrimental, nonnative biota.
41 9 allowable public uses shall include passive and non-intrusive recreation
42 activities, focused on peripheral areas, interpretive foci, and trails.
43 n • total removal of ail extraction activities and their past effects shall
44 be conducted in a phased, cost effective, and environmentally sensitive
45 mannor.
A!)F AI I1nr,,f 1r.1.1 vi• ,,i n,. r.i' 0.1 1.1a1 e. i„! [. �n.l llmenarrten!o 1
, UL-18-2001 WED 02:53 PM FAX NO. 9*74 1855 P. 03
1 monitoring and evaluation of the success of biological objectives shall
2 he conducted.
3 Description of Cong(-W`. Plan for the Bolsa Chica Lowlands Proiect:
4 No change is contemplated to the full tidal part of the. Ecological. Reserve
5 (i.e. , Outer Dolna Bay ) or the muted tidal portion of the Ecological Reserve
6 (i.e. , Inner Bolsa Bay) , except for the degraded, unrectored areas within
7 Inner Bolsa Bay and except for the possible inclusion in the Full Tidal area
8 (ceo below) of the most recently restored cell in the inner Bolsa Hay portion
9 of the Ecological Regexve. No rerouting of the Garden drove-Wintersburg Flood
10 channel is contemplated although relocating the existing flapgate outlet about
11 0.5 miles upstream is contemplated. An area of about 120 acres in the
12 southeasterly corner of the Bolsa Chica Lowlands i5 also contemplated to be
13 left unchanged and is depicted on the enclosed figure as Seaconal Ponda.
14 Re establishing additional areas of full tidal habitat in the Rolsa Chica
15 Lowlands is considered highly desirable for biological diversity and
16 productivity reasons. Bolsa Chica was historically full tidal and had its own
17 ocean inlet. Improving tidal influence is widely recognized as the principle
18 method of restoring missing components of this coastal wetland ecosystem.
19 However, engineering and biological constraints are expected to limit the size
20 and location of contemplated tidal. restoration. Some of the areas planned for
21 full tidal restoration already have existing wetlands values, the loss of
22 which will be compensated either through enhancing these values when full
23 tidal action is restored (designated Full Tidal areas) , or by introducing
24 managed tidal watery into other areas of the Hite (designated Managed Tidal
25 areas) .
26 Preliminary engineering indicates that significant increases in the tidal
21 prism (the volume of ceawatex between the high and low tides) necessary to
28 achieve the biological benefits in the lowland cannot be conveyed through the
29 existing channels Of outer BOlsa Chica, through Hw-itington harbor -and Anaheim
30 Day without damaging tidal flats and incurring erosion and safety problems.
31 Therefore, an ocean inlet, to reestablish the historic connection to the sea,
32 is contemplated. Avoidance of further beach erosion or water quality
33 problems, encouragement of human recreational access, retention of public
34 safety access, and the public transportation thoroughfare requirements are
35 related factors to be considered in contemplating reestablishment of a Bolsa
36 Chica ocean inlet, with any adverse impacts thereto to be fully mitigated.
37 The enclosed figure depicts a contemplated ocean inlet connecting to an area
38 shown as Full Tidal (approximately 384 gross acres) . Levee reinforcements are
39 contemplated to be necessary primarily along the inland side of this area, as
40 the Ecological Reserve dike and flood channel levees may already be sufficient
41 for the. purpose. A full tidal. range (extreme tides are about +7.5 to -1..5
42 feet Mean Lower Low Water, MLLW) would be expected in this entire area. most
43 of this area, but for the upland sand dune area )mown as Rattlesnake Island,
44 already lies between +3 and -3 feet MLLW. Excavation within the contemplated
45 Full Tidal area would be the minimum necessary to achieve: an inlet bottom
46 depth and subtidal slough (shown as a thin dashed line) about -4 feet MLLW.
47 The areas adjacent to this shallow subtidal slough would become intertidal
48 mudflats and vegetated saltmarah, especially cordgrass. Some deposition of
49 dredge spoil in these areas may be appropriate in order to achieve sufficient
5o acreage at tidal elevations suitable for cordgrass (+2 .5 to +4 feet MLLW) .
51 Oil Wells, water injection welle, well pads and access roads would all be
52 removed from within the Full Tidal area.
53 Two adjacent areas depicted on the enclosed figure as Managed 'tidal (about 220
54 grosg acres) are not contemplated to be physically modified directly but would
55 have seawater readmitted to them in an intermittent or very muted manner
56 through culverts or water control structures through the reinforced levee or
.. . . . . . , . . . .... 2
4
JUL-18-2001 WED 02:53 PM FAX N0, 0 574 1855 P. 04
p
1 flood channel levee, Picklewced dominated saltmarsli and shallow oaltponds-
2 naltflats are the contemplated habitat types. Existing pickleweed in this
3 managed tidal area as well as the tidal and muted tidal portions of the
4 Ecological reserve would remain intact and well exceed 200 acres in extent.
5 Oil well pads and roads could be removed or revcgetated upon inactivation of
6 the wells in this area.
7 The remaining area depicted on the enclosed figure is labelled as Future full
a Tidal (about 275 gross acres) . Thin area includes the highest concentrations
9 of active oil wells but much of the lowest elevations in the lowland. It is
10 therefore contcmplated that upon depletion of the oil field in 15-20 years and
11 removal of the wells and any contamination, it may be feasible to simply
12 breach the dike and allow a large portion of it to become slough, tidal flats,
13 and saltm7rsh without extensive earthwork. Such maintenance and management of
14 this area is part of the project (i.e. , the Management Component of the
15 Project are defined in Section 1 (a) of the body of th4 Agrev,nent) . However,
16 potential future restoration of this area is not part of the Project and it:
17 not a basis for the mitigation credits to be granted to the BOARDS.
18 Enhancement of buitablc nesting areas for Beldinrj's savannah sparrow would be
19 achieved in the Managed Tidal areas, while other existing valuable areas would
20 be retained intact in the Seasonal pond area and in the muted tidal portion
21 (i.e. , Inner Bolsa Bay) of the Ecological Reserve (except for the possible
22 inclusion in the full Tidal area of tho most recently restored cell in the
23 Ecological Reserve) . Seasonal pond habitats in all areas (not just in the
24 Seasonal ponds area depicted on the attached map) would not be less than 150
25 acres. Significant enhancement of suitable nesting habitat for the light-
26 Looted clapper rail would be achieved in the cordgrass expansion part of the
27 Full, Tidal area. Nesting area for the California least tern and western snowy
28 plover would be achieved by Creation and retention of sparsely vegetated
29 candflat and saltflat areas protected from disturbance or water inundation.
I
4 W/97 Uno/(id ea Version o(_or si_"I v/ 1i_t 6 7nd Amendmcntn 3
JUL-18-2001 WED 02:54 PM FAX NO, 9110574 1855 P. 05
1 EXHIBIT B
2
3 EXPLANATION OF THE PROPOSED HABITAT VALVE TRADEOFF RATIO
4 Habitat evaluations of Los Angeles/song Beach outer harbor landfills i.mpacte
5 and tidal. wetland mitigation have been previously completed. Subsequently,
6 landfill projects and their mitigation projects have been permitted and
7 undertaken, in considgration of these habitat evaluations. Specifically, fort
8 of Long Beach Pier J landfill is now complete and its mitigation at Anaheim
9 Bay is also complete, including the required biological follow-up monitoring.
10 In addition, a portion of the Port of Los Angeles Pier 400 landfill has been
11 permitted and is under construction, just as its mitigation at Batiquitos
12 Lagoon is permitted and under construction.
13 The mitigations goal for outer harbor landfills has been and continues to be
14 "no net los:, of in-kind habitat value". This means that mitigation habitats
is may be a different type than that filled, provided it offsets the habitat
16 value for the evaluation species of the filled habitat, Therefore, while the
17 mitigation goal requires a value for value (1.1) tradeoff, the variable
18 habitat benefits of different types of offsetting mitigation works can re,ult
19 in greater or less than acre for acre tradeoffs.
20 In the case of the Pier J-Anaheim Bay evaluation and project, restoration of
21 tidal flow to non-tidal areas equally offsets the habitat values eliminated by
22 Cho Pier J landfill and resulted in an acreage tradeoff ratio of 1.32 acres of
23 landfill for each acre of mitigation (inversely, 0.76 acres of mitigation for
24 each acre of landfill) . Since the outer LA/LE Harbor biological baseline
25 habitat value is considered to be the same as that established by the baseline
26 studies and the previous habitat evaluations, and since the Anaheim Bay
27 mitigation project type (tidal restoration near the ocean) is similar to the
28 concept type contemplated for Bolsa Chica and its biological benefits have
29 been verified through follow-tip investigations, the same habitat evaluation
30 and tradeoff ratio is adopted in this agreement. The complete "Anaheim Bay--
31 Pier J" habitat evaluation report is available upon request. The habitat
32 value of one acre of this; type of mitigation is higher than the habitat value
33 of an acre of outer harbor water area deeper than 20 feet, so that less than
34 one acre of mitigation is needed to offset one acre of harbor landfill,. That
35 in, for each acre of Bolsa Chica restored to full tidal influence near the
36 ocean, 1.32 acres of outer harbor landfill shall be considered mitigated.
37 Aquatic habitats of the main channels and interior slips of both Los Angeles
38 and Long Beach Harbors (the Inner harbor) have been documented to be of lower
39 fish and bird diversity and abundance than the outer harbor (from the seaward
40 edge of Terminal Island to the main breakwaters) . Consequently, offsetting an
41 acre of inner harbor landfill habitat loss has required less (half)
42 compenhation than an acre of outer harbor habitats deeper than 20 feet.
43 The Concept Plan contemplates about 344 acres of full tidal habitats, which
44 would offset the habitat value loss of about 454 acres of outer harbor
45 landfill (more inner harbor landfill acres) . For example, 1.0 acres of
46 restoration offsets 1.32 acres of outer harbor or 2.64 acres of inner harbor.
47 Convernely, 1.0 acres of outer harbor landfill cost 0.75 acres of mitigation;
48 an inner harbor landfill acre costs about 0.38 mitigation acres.
nl m"ininai w/ lnt c ^-o mmFmim•ntr.
i
A-18-2001 WED 02:55 PM FAX NO, 0574 1855 P. 06
1 Ha.rbor Landfills _ Bolsa ChiChica Restored Full Tidal Habitat
2 Port of Los Angelec:
3 Outer harbor; 227 acres 172 acre
4 Port of Long Reach:
5 Inner harbor 60 acres 23 acres
6 outer harbor 197► acre; 149 acres
7 TOTALS 484 acres 344 acres (mitigated by restoring)
I
4/26/97 11norti:lal WVnL-m Cr 6rly1n•1 M/ 11-t 6 2nd Amcndmc nto 2