Bolsa Chica chessboard far from mate

VIC LEIPZIG AND LOU MURRAY

Good news appears to be in the offing for lovers of Bolsa Chica.

The state’s Wildlife Conservation Board announced last week that

it plans to purchase the 102 acres of the lower bench of Bolsa Chica

mesa for $65 million. This would be the best turn of events in the

struggle for Bolsa Chica since the state’s 1997 purchase of 880 acres

of the wetlands. This is exactly the kind of outcome

environmentalists have been working toward for decades, one where

open space is protected and the landowner walks away with cash for

his property.

But is the game really over? Of course not. This is the Bolsa

Chica, where nothing is as it seems. Don’t uncork that champagne yet.

So far, there has only been a handshake deal. The tentative sale

must be approved by the Wildlife Conservation Board at its next

meeting on Aug. 12. Fortunately, all three board members seem to be

in favor.

But some local observers are concerned about the commitment of the

landowner, Hearthside Homes, to the sale. It turns out that the

Wildlife Conservation Board is not the only state agency holding an

important hearing about Bolsa Chica during the second week of August.

The California Coastal Commission is scheduled to address the issue

of Hearthside’s development proposal for the mesa’s upper bench that

same week.

Judging from comments made in the press by Hearthside

representatives, Hearthside appears to see the two decisions linked

instead of separate issues. They have said the sale may fall through

if development on the upper bench is blocked. Maybe Hearthside is

simply trying to forestall further protests from the environmental

community. But to us, their threat is pointless. We actually expect,

unfortunately, to see approval of development on the upper bench.

Even if development on the upper mesa is blocked, Hearthside

really needs to accept the state’s offer regarding the lower bench.

Hearthside would be foolish to walk away from $65 million, and we

don’t expect them to.

Assuming the compromise holds and the lower mesa is purchased and

the upper mesa is developed, then some of the biggest remaining

issues at Bolsa Chica will have been resolved by the end of this

summer. Not equally favorably, but resolved nonetheless.

But even if the sale does go through, the lower bench will still

not be fully protected. The remaining hitch is a 15-acre parcel of

land on the lower bench that is owned by the Ocean View School

District. The Wildlife Conservation Board is interested in buying

that parcel also, and the district expects an offer within two to

three weeks. However, we have heard they are not willing sellers. To

declare the property surplus and arrange to sell it, they need four

votes on their five-member board. Our sources tell us they have only

three votes.

The Ocean View School Board’s parcel, purchased in the 1960s when

it looked like there would be a need for a school on that site, sits

smack in the middle of the lower bench. If Hearthside sells, then the

district’s parcel will be totally isolated. Furthermore, the site is

traversed by the Newport-Inglewood earthquake fault line. The

Alquist-Priolo Earthquake Zoning Act prohibits building a school over

a fault. There is no way they could build a school on the site.

The state offer using money from Proposition 50 will not be

available forever. If the district gets an offer at about the same

price per acre that the state has offered Hearthside, then the

district, like Hearthside, really ought to sell. The district would

net about $9 million from the sale, which would buy a lot of books.

Unfortunately, it may already be too late for the school board to

grab the Proposition 50 money. Despite a recommendation last year

from the District Advisory Committee that the school board declare

the land as surplus, the board has failed to act. Even if they were

to do so immediately, they may be required by law to offer the land

first to local government. This would add another layer of delay and

might push the timeline beyond when the Wildlife Conservation Board

would be able to make the purchase. The school board may have delayed

itself out of an opportunity to unload some property that can’t be

developed at a reasonable price.

Back in 1997, longtime community leader Tom Livengood organized

the massive letter-writing campaign that culminated in the purchase

of the wetlands by the State Lands Commission. Livengood is again

organizing a letter-writing campaign, this time to the Ocean View

School District Board, urging them to sell the land while it can

still be purchased. There are no other buyers. The property can’t be

developed. It is unclear why the board is refusing to act. In doing

so, they are delaying the end of a three-decade-long battle.

Put away the champagne and get out your pen and paper.

* VIC LEIPZIG and LOU MURRAY are Huntington Beach residents and

environmentalists. They can be reached at vicleipzig@aol.com.