Signal files suit against Amigos

Tariq Malik

HUNTINGTON BEACH -- Bolsa Chica mesa landowner Signal Landmark is

taking the Amigos de Bolsa Chica to court, alleging the 25-year-old

wetlands group violated the terms of a settlement bargain struck more

than a decade ago.

The claim, filed Feb. 22 in Orange County Superior Court, contends

that the Amigos have “breached a material term of the settlement

bargain.” The complaint also stated that the environmental group failed

to support the Bolsa Chica plans despite receiving $1.2-million in the

settlement, and “actively worked to defeat the development.”

The lawsuit coincides with news this week that the city may explore

the possibility of purchasing the mesa.

Councilwoman Connie Boardman said the council will have a two-hour

study session regarding the mesa Monday -- in attendance will be

representatives from a number of conservation agencies -- to discuss

wetlands restoration plans.

Mayor Pam Julien Houchen is also planning to put forth an item during

the regular meeting urging the city to use its Intergovernmental

Committee to seek local, state and federal funds for the purchase of the

mesa, as well as begin acquisition negotiations with landowner Signal

Landmark, city officials said.

Councilman Ralph Bauer also has a Bolsa Chica item slated for

discussion Monday detailing a number of conditions the city should

require before supporting private organizations for land acquisition.

However, at the crux of the Signal complaint is a 1989 agreement

reached between the Amigos and Signal. In that agreement, according to

the claim, the Amigos agreed to dismiss then-pending lawsuits against

Signal, receive money and support future development of Bolsa Chica in

accordance with a plan agreed upon by both parties.

The landowner is seeking the costs of arbitration, as well as any

other costs deemed proper by the court.

Signal attorney George Soneff did not return phone calls by press time

Wednesday.

Councilwoman Shirley Dettloff, also a state coastal commissioner, said

she doesn’t think the Amigos have done anything that goes against the

settlement.

Dettloff was president of the Amigos de Bolsa Chica when the agreement

with Signal was struck in 1989.

Her position on the state commission has also given her opportunity to

hear testimony from the environmental group, as well as Signal and

developer Hearthside Homes, regarding Bolsa Chica development plans over

the last few years.

In 1970, original development plans for 1,200 acres of the wetlands

and mesa areas of Bolsa Chica included a marina, ocean inlet for boats,

hotels, restaurants, 5,700 homes and 915 acres of wetlands restoration.

Since then, designs have been vastly scaled down.

Environmental groups such as the Amigos and Bolsa Chica Land Trust,

have sought to protect the area from development, scoring a big win last

November when the California Coastal Commission limited developer

Hearthside Homes to just 65 of 183 acres of mesa land to build homes.

Mel Nutter, attorney for the Amigos, said one of his concerns with

Signal’s claim are the specific agreement violations committed by the

Amigos.

There’s still some “head-scratching” to determine exactly what the

Amigos did, he said, adding that a response to the claim is expected

later this month.

“We will defend the case and we don’t believe we’ve done anything

wrong,” said Linda Moon, Amigos president. “Right now we’re evaluating

our options.”

The matter is scheduled to be appear in court April 6.