Larger


Viewing Issues? Click here.


Audio Only


Streaming Video Home Page
CCC Logo

 Click to start meeting at the beginning

August 2008 Agenda

City of Oceanside
300 North Coast Hwy.
Oceanside, CA 92054
(760) 801-0718

[The above telephone number is only for when the meeting is in session.]

This page has been posted at 11 a.m., Wednesday, August 6, 2008.

NOTICE

The Coastal Commission’s monthly meeting agenda is now available only via the internet.

If you wish to receive electronic notification of the publication of the Commission meeting agenda, please send your email address to CCCmeetingnotice@coastal.ca.gov

NOTE: Please make sure that you set your e-mail anti-spam settings specifically to allow receipt of email from the coastal.ca.gov domain.

9:00 A.M.

WEDNESDAY, AUGUST 6, 2008

1.  CALL TO ORDER.

2.  ROLL CALL.

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

3. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.  Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.  For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

4. REVISED FINDINGS. See AGENDA CATEGORIES.

Addenda has been appended to each of the staff reports for item 4a, 5b and 5c below on Tuesday, August 5;  a combined addendum has also been linked from these same staff reports.

a.  Application No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Application of Poseidon Resources (Channelside) LLC to construct and operate seawater desalination facility, associated pipelines and pumping facilities on site of Encina Power Plant, Carlsbad, San Diego County. (TL-SF)

 Public Comment

 Motion and  Vote

5. CONDITION COMPLIANCE.

a.  Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of Energy Minimization and Greenhouse Gas Reduction Plan submitted by Poseidon Resources to comply with Special Condition 10 for Permit No. E-06-013 approved by Commission in November 2007 for desalination facility, Carlsbad, San Diego County. (TL-SF)

 Public Comment

 Return to Item

 Motion and  Vote

b.  Condition Compliance for Permit No E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of Marine Life Mitigation Plan submitted by Poseidon Resources to comply with Special Condition 8 for Permit No. E-06-013 approved by Commission in November 2007 for desalination facility, Carlsbad, San Diego County. (TL-SF)

 Public Comment

 Amending Motion and  Vote

 Amending Motion and Vote

 Amending Motion and  Vote

 Amending Motion and  Vote

 Main Motion and  Vote

6. CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.

7. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed.  The purpose of this procedural change is to expedite the Commission's coastal development permit process.

An addendum has been linked from the staff report for item 7a below on Monday, August 4.

a.  Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Appeal by Southern California Edison from decision of City of Oxnard denying permit to construct and operate 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd, Oxnard, Ventura County. (CT-SF)

 Motion and Vote

 Motion and  Vote

8.  FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 8a below on Tuesday, August 5.

a.  CD-041-08 (U.S. Army Corps of Engineers, Los Angeles Co.) Consistency determination by Corps of Engineers for maintenance dredging of Marina del Rey Harbor entrance channel, separation of clean sand from contaminated sediments, beach disposal of clean sand on Dockweiler State Beach, and upland disposal of contaminated sediments, Los Angeles County. (LJS-SF)

 Motion and  Vote

ENFORCEMENT

9. ENFORCEMENT REPORT.  Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)

10. Commission Cease & Desist Order No. CCC-08-CD-9 (Brown, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mike Brown, and his agents and successors, to address permit violations including, but not limited to (1) unpermitted development including, but not limited to, grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of a blufftop deck; and (2) failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading, a seawall, and a rock revetment) as permanent development, as required by emergency permits 6-96-82-G, 6-96-110-G, 6-01-012-G, 6-00-171-G, and 6-01-042-G, at 836-838 Neptune Avenue, Encinitas, San Diego County (APN 254-011-17). (EMH-SF) [POSTPONED]

11. Commission Restoration Order No. CCC-08-RO-4 (Brown, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Restoration Order directing Mike Brown, , and his agents and successors, to (1) address and restore, in accordance with the terms of the Orders, areas of site where unpermitted development, including but not limited to rock revetment, grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of blufftop deck, has occurred; and (2) restore impacted areas to the condition the areas were in before Coastal Act violations occurred, at 836-838 Neptune Avenue, in Encinitas, San Diego County (APN 254-011-17). (EMH-SF) [POSTPONED]

12. Notice of Violation No. CCC-08-NOV-3 (Brown, Encinitas, San Diego Co.) Public hearing and Commission action on existence of violation of Coastal Act, which, if found, will result in recordation of Notice of Violation identifying unpermitted development by Mike Brown, owner of property located at 836-838 Neptune Avenue, in Encinitas, San Diego County (APN 254-011-17). (EMH-SF) [POSTPONED]

13. Commission Cease & Desist Order No. CCC-08-CD-8 (Sonnie, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Richard Sonnie, and his agents and successors, to address permit violations including, but not limited to (1) unpermitted development including, but not limited to, grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of blufftop deck; and (2) failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading and a seawall) as permanent development, as required by emergency permits 6-96-84-G, 6-96-117-G, 6-00-171-G, and 6-01-042-G, at 858-860 Neptune Avenue, in Encinitas, San Diego County (APN 254-311-05). (EMH-SF) [POSTPONED]

14. Commission Restoration Order No. CCC-08-RO-3 (Sonnie, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Restoration Order directing Richard Sonnie, and his agents and successors, to (1) address and restore, in accordance with the terms of the Orders, areas of site where unpermitted development, including but not limited to grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of blufftop deck, has occurred; and (2) restore such impacted areas to the condition the areas were in before Coastal Act violations occurred, at 858-860 Neptune Avenue, in Encinitas, San Diego County (APN 254-311-05). (EMH-SF) [POSTPONED]

15. Notice of Violation No. CCC-08-NOV-2 (Sonnie, Encinitas, San Diego Co.) Public hearing and Commission action on existence of violation of Coastal Act, which, if found, will result in recordation of Notice of Violation identifying unpermitted development by Richard Sonnie, owner of property located at 858-860 Neptune Avenue, in Encinitas, San Diego County (APN 254-311-05). (EMH-SF) [POSTPONED]

STATEWIDE

CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:

Beard et al. v. Bank of America National Trust & Savings Assn. et al., Govt. Code § 11126(e)(2)(A).
CCC v. U.S. Department of the Navy et al., Govt. Code § 11126(e)(2)(A).
Natural Resources Defense Council et al. v. Winter et al., Govt. Code § 11126(e)(2)(A).
City of Carlsbad v. CCC, Govt. Code § 11126(e)(2)(A).
City of Malibu v. Douglas, CCC, Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network et al. v. CCC et al. (Signal Landmark et al., RPI), Govt. Code § 11126(e)(2)(A).
Pacific Shores Subdivision California Water District et al. v. California Dept. of Fish & Game et al., Govt. Code § 11126(e)(2)(A).
Revell v. CCC et al., Govt. Code § 11126(e)(2)(A).
Surfrider Foundation et al. v. CCC (Poseidon Resources (Channelside) LLC et al. RPI), Govt. Code § 11126(e)(2)(A).
Appeal of Foothill/Eastern Transportation Corridor Agency to U.S. Secretary of Commerce, Govt. Code § 11126(e)(2)(A).
Electric Pointe, LLC et al. v. City of Los Angeles, CCC, Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al., Govt. Code 11126(e)(2)(A).

The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

 Report from Closed Session

The following Items were carried over to Thursday August 7, 2008

16. APPROVAL OF MINUTES.

17. COMMISSIONERS' REPORTS.

18. CONSERVANCY REPORT.

19. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

20. DEPUTY ATTORNEY GENERAL'S REPORT.

21 EXECUTIVE DIRECTOR’S REPORT including report on legislation and water quality.

a. Status Report on project to replace whale tail license plate image. (PD/HS – SF)

b. Interagency Agreement. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program for Fiscal Year 2008-2009. (SH/AM – SF)

c. Legislation.  The Commission will hear a report and may act on legislation. (SC-SAC)

 General Public Comment


Future Meetings: The next meetings of the Coastal Commission will be September 10-12, in Eureka and October 15-17, in Ventura.

See future agenda items (these are items submitted to the Coastal Commission and could be scheduled on future meeting agendas)