HUNTINGTON BEACH : City Won’t Challenge Bolsa Chica Project

The City Council voted this week to not file a lawsuit challenging the county’s recent approval for the Bolsa Chica wetlands housing development.

The council, in a 4-2 vote, rejected Councilman Ralph Bauer’s motion to file the lawsuit for the second time.

Bauer called the environmental impact report inadequate, saying “it doesn’t deal with the fiscal impacts” on the city.

The council voted in executive session Dec. 19 to not legally challenge the environmental impact study for the project, in which county supervisors approved construction of 3,300 homes on the mesas and lowlands. Bauer and Councilman David Sullivan cast the only votes--both times--in favor of filing the lawsuit.

“The stakes are just too high to do anything less . . . to protect the interests of the city,” Sullivan said. Sullivan added that the project could cost the city “millions and millions of dollars” for municipal services.

The city has estimated that the housing project could cost as much as $61 million initially and $5 million annually in subsequent years.

Bauer said he brought the matter up at Tuesday’s meeting because it forced his colleagues to make their stance public.

“They ought not to hide behind a closed session,” Bauer said.

More than 30 people attended the meeting and urged the council to pursue a lawsuit, charging that the environmental impact study fails to meet state environmental law.

Local environmentalists and several current and former city officials made pleas to the council majority to sue the county.

“It’s your responsibility to protect our city,” said Grace Winchell, a former councilwoman.

Bauer said that if the city does not pursue a lawsuit now, then “all future lawsuits will fail,” since it would weaken any future case.

“It’s our only weapon to defend the city’s interests in response to the EIR,” Bauer said.

Councilman Peter Green voted against filing a lawsuit because he wants the city to pursue negotiations with the county and developer, Koll Real Estate Group.

Councilwoman Shirley S. Dettloff said that for the past 20 years she has “fought for what’s best for Bolsa Chica.”