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HomeMy WebLinkAboutResolution 1978 - 0181RESOLUTION NO.78-181—11 1 ASSURANCES TO CALIFORNIA COASTAL COMMISSION REGARDING ANNEXATION OF BOLSA CHICA WETLANDS A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.11 CONCERNING THE ANNEX ATION OF THE BOLSA CHICA AREA AND THE COASTAL ELEMENT PLAN BEING DEVELOPED BY THE CALIFORNIA COASTAL COMMISSION *****.***** WHEREAS,District did cause to have prepared a Master Plan of Trunk Sewer Facilities to meet the needs of the District for a 25 year planning period;and, WHEREAS,said Master Plan has been prepared in accordance with the District’s policies and in harmony with the Master Plan of local sewers prepared by the City of Huntington Beach;and, WHEREAS,included in the District’s Master Plan is a backbone trunk sewer designated as the Coast Highway Trunk,extending from the Districts’Treatment Plant No.2 located near the intersection of Brookhurst Street and Pacific Coast Highway and the mouth of the Santa Ana River,thence aligned northerly and on the beach side of Pacific Coast Highway,through the downtown section of the City of Huntington Beach around the Bolsa Chica area,terminating at Algonquin and Warner Avenue in the City of Huntington Beach;and, WHEREAS,it is becoming increasingly important to commence con struction on said Coast Highway Trunk because of potential interferences with construction activities presently under contract or anticipated to be awarded for treatment plant improvements;and, WHEREAS,County Sanitation Districts Nos.1,2,3,5,6,and 7, in conjunction with Sanitation District No.11,have approved various contracts and plans to implement a program to meet the federal require ments for discharge of wastewaters to the marine environment;and, I. WHEREAS,it is essential for the District to not alter their implementation programs to meet the discharge requirements as presently contained or anticipated to be imposed through the National Pollutant Discharge Elemination System contained in the provisions of the Federal Water Quality Control Act;and, WHEREAS,the District did apply for a permit from the Regional Coastal Commission for permission to construct said Coast Highway Trunk from Treatment Plant No.2 to Lake Street;and, WHEREAS,on June 26,1978,the Regional Coastal Commission heard all testimony and approved the District’s permit application to construct said Coast Highway Trunk;and, WHEREAS,the action by the Regional Coastal Commission has been appealed to the California Coastal Commission by citizens and groups concerned about the effects from the sewer system and its relationship to any development which might be proposed in the Bolsa Chica wetlands area;and, WHEREAS,the District is obligated to provide the necessary trunk sewer facilities required for the development within the drainage. area to the Pacific Coast Highway Trunk;and, WHEREAS,construction of said Coast Highway Trunk sewer must be done in sufficient time to avoid construction conflicts with the Districts’ongoing construction programs to improve the quality of the Wastewater effluents being discharged to the marine environment; and, WHEREAS,the Boisa Chica wetlands are not presently within the Sanitation District and,therefore,cannot be provided sanitary sewer service until annexation is consummated;and, —2— ‘V r j WHEREAS,Section 30254 of the Coastal Act provides that Special Districts shall not be expanded except where provision of service would be consistent with the Act;and, WHEREAS,Sections 30231 and 30233 of the Coastal Act provide for protection of coastal wetlands and it cannot be determined whether or not provision of sewer service to the Bolsa Chica wetlands area would be consistent with these provisions of the Act until the Local Coastal Plan (LCP)for the area has been completed and certified; and, WHEREAS,Sections 30003 and 30200 of the Coastal Act encourages publicagencies to cooperate fully in the formation of programs that are consistent with the Act. NOW,THEREFORE: The Board of Directors of County Sanitation District No.11 of Orange County,California DOES HEREBY RESOLVE: Not to consider annexation of the Bolsa Chica wetlands area, which is presently outside the District’s boundaries and is shown on Exhibit A,attached hereto,until the certification of the Local Coastal Plan (LCP)for this area,or until July,1981.After the certification of the Local Coastal Plan (LCP)or after July,1981, any proposed annexation will be considered in terms of the merits of the annexation under existing laws,and in terms of consistency with relevant land use plans.This consideration is made in good faith and the California Coastal Commission will consider favorably the District’s application for a permit to construct the Coast —3— —v— . 8L61 ‘9 t~CtUIeAON )T~t(~T~T3OdS ~3~U2J~dOcN UNY cI~ISSVd s~rq.t~t3~~30 uotp~u~uro~duir 1S43t~t4StQ O~AW~ap 10 ~t~Ut 03 ~40U ~p10 Ut ‘qo~ag U0~5UT~UflH ;o t~t3 ~T.(4 Ut ~t~S ~)(~I 0~.3 0N ~U~2Td ~.U~1IL UI0~)tUtLt~L 4~Mt~tbTH 9~ATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County Sanitation Distric.t No.11 of Orange County,California,do hereby certify that the above and foregoing Resolution No.78-181-11 was regularly passed and adopted at a special meeting of said Board on the 6th day of November,1978, by the following vote,to wit: AYES:Ron Shenkman (Chairman)and RonPattinson T I NOES:None ABSENT:Laurence Schmit IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.11 of Orange County,California,this 6th day of November -,‘1978 . •Bpa~f~LtorsofCounty. of ange County,California S-103