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OCTOBER 2012 DRAFT AGENDA

OCEANSIDE CITY COUNCIL CHAMBERS
300 NORTH COAST HIGHWAY
OCEANSIDE, CA 92054

Please note: agenda items are subject to change.

9:00 A.M.

WEDNESDAY, October 10, 2012

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES.

4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.

NORTH CENTRAL COAST DISTRICT

5.  DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s San Francisco office at (415) 904-5260.

6.  CONSENT CALENDAR. See AGENDA CATEGORIES.

CENTRAL COAST DISTRICT

7.  DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s Santa Cruz office at (831) 427-4863.

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

9.  LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

a.   City of Pismo Beach LCP Amendment No. PSB-1-12 Part 2 (Land Use and Parks and Recreation Elements). Time Extension. Public hearing and action on extension of time limit to act on request by City of Pismo Beach to amend the LCP to update the Land Use Element and Parks and Recreation Element. (KK-SC)    Motion and Vote

b.  Santa Cruz County LCP Amendment No. SCO-1-12 Part 1 (Nonconforming Regulations). Public hearing and action on request by Santa Cruz County to amend the LCP to update regulations regarding nonconforming uses and structures. (SC-SC)   Motion and Vote   Motion and Vote

NORTH COAST DISTRICT

10.  DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Eureka office at (707) 445-7833.

11.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES Motion and Vote

12. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

a.  County of Humboldt LCP Amendment No. HUM-MAJ-1-12 (Guttero & Williams). Time Extension. Public hearing and action extension of time limit to act on request by County of Humboldt to modify the General Plan from Rural Residential Agricultural (RR(a)) to Coastal Commercial Timberland (TC) and rezone a portion of the site from Rural Residential Agriculture with a two acre minimum (RA-2) to Commercial Timber (TC). The LCP Amendment affects 10.9 acres of three existing parcels (approximately 81 acres total), off of Patricks Point Drive, north of Trinidad. (MBK-E)   Motion and Vote

13. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: 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 appended to the staff report for item 13a below on October 5.]

a.   Application No. 1-12-15 (Murphy,Humboldt Co.) Application of Stanwood A. Murphy, Jr. to demolish 7,200 sq.ft. maintenance building. Excavate and remove 3,460 cu.yds. of soil (2,640 cu.yds. are impacted with petroleum hydrocarbons) over 11,000 sq.ft. area below and in vicinity of maintenance building. Dewater the pit during remedial activities and upon completion of remedial activities, backfilled and compacted with clean, suitable, imported fill material from private site, at 50 C Street, Fields Landing, Humboldt County. (MBK-E)

14. PERMIT AMENDMENTS. See AGENDA CATEGORIES. An Amendment below 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 like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 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 material amendments are processed.

[An addendum has been appended to the staff report for item 14a below on October 5.]

a.   Permit No. 1-11-39-A (California Department of Transportation (Caltrans), Del Norte Co.) Request by Caltrans to modify permit granted for repair of 3 deteriorating hinges and 3, 25 ft.-long sections of U.S. Hwy 101 bridge over Klamath River by (1) modifying approved project and Special Condition No. 1S and 11A to eliminate requirement to maintain 140-ft. distance between hoe-ram demolition equipment and water’s edge due to changing river conditions, (2) modifying Special Condition No. 5 to change method of measuring acoustic impact of concrete demolition impact on fish, (3) modify approved construction schedule and Special Condition 1(A)(1) to allow concurrent demolition at hinges 8 and 11, (4) modify Special Condition No. 1(c) to allow parking of site supervisors vehicles on bridge deck for safety reasons, (5) modify Special Conditions Nos. 1B, 6B, and 11D to extend installation window of bird and bat protective measures from February 1- March 1 to February 1 to April 15, and (6) modify Special Condition No. 2A requiring submittal of final erosion control and water quality protection plan to allow vegetation removal and installation of bird and bat protective measures prior to approval of final plan, at U.S. Hwy 101 bridge over Klamath River, 20 miles south of Crescent City, Del Norte County. (JRB-E)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

15.  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.

a.   CC-056-09 (City of San Diego, San Diego) City of San Diego report to Commission concerning compliance by the City of its commitment to the Commission, during review of a secondary treatment waiver for E.W. Blom Point Loma Wastewater Treatment Plant (WTP) and ocean outfall discharge pipe (discharging 4.5 mi. offshore of Point Loma), to return two years after receiving EPA NPDES permit and describe how the City intends to implement recommendations contained in its study of Wastewater Reclamation and Recycling Opportunities, San Diego, San Diego County. (MPD-SF)   

16.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES Motion and Vote

17. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: 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.

See background materials relating to item 17a.

a.  Application No. E-12-005 and CC-027-12 (Pacific Gas & Electric Co., San Luis Obispo Co.) Application of PG&E to conduct a high energy three-dimensional geophysical survey employing use of air guns, hydrophones, and seafloor geophones in state and federal waters offshore San Luis Obispo County. (CT-SF) [POSTPONED]

[An addendum has been appended to the staff report for item 17b below on October 9.]

b.   Application No. E-12-006 (Southern California Gas Co., Goleta) Application by Southern California Gas Co. for first phase of repair and maintenance project to take 9 soil borings along 3 existing above-ground pipelines, located in wetlands, to determine the feasibility of replacing existing pipeline supports, Goleta, Santa Barbara County. (KH-SF)

18. FEDERAL CONSISTENCY. See AGENDA CATEGORIES description on page .

a.   CC-056-11 (San Diego Association of Governments (SANDAG), San Diego) Consistency certification by SANDAG for cconstruction of one-mile section of second main track, replacement of three existing bridges, extension of station platforms, and construction of new parking lot, Sorrento Valley, San Diego, San Diego County. (JM-SF)

 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:

Cannery Row Marketplace, LLC v. CCC et al. Govt. Code, section 11126(e)(2)(A)
City of Carlsbad v. Energy Resources Development & Conservation Comm. (CCC et al., RPI) Govt. Code, section 11126(e)(2)(A)
City of Los Angeles v. CCC  Govt. Code, section 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code, section 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code, section 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code, section 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code, section 11126(e)(2)(A)
Doverspike v. Radosevich et al. Govt. Code, section 11126(e)(2)(A)
Norberg v. CCC et al. Govt. Code, section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California Govt. Code, section 11126(e)(2)(A)
Shea Homes, LP v. CCC et al. Govt. Code, section 11126(e)(2)(A)
Venice Stakeholders Assn. v. CCC et al. Govt. Code, section 11126(e)(2)(A)
Westbridge Capital, LLC et al. v. CCC et al. Govt. Code, section 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).

19.  APPROVAL OF MINUTES.

20.  COMMISSIONERS' REPORTS.

21.  CONSERVANCY REPORT.

22.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

23.  SANTA MONICA BAY RESTORATION REPORT.

24.  DEPUTY ATTORNEY GENERAL'S REPORT.

25.  EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.

a.  Legislation. Legislative report and possible Commission action. (CL/SC-SF)

b.   Audio and Video Streaming Services Contract for Commission Meetings. Commission authorization for Executive Director to enter into a contract for audio-visual services and web streaming broadcast of Commission meetings. (SH-SF)      Motion and Vote

c.  Interagency Agreement and Subvention Contract. Commission authorization to enter into an agreement with California Emergency Management Agency to accept $50,000 in federal funds from NOAA to address marine debris from the 2011 Japanese tsunami and to pass the funds through to the California State Parks Foundation. (SH & CP-SF)  Motion and Vote

26. COMMISSION FIELD TRIP. The Commission may take a field trip to various points along the shoreline in Northern San Diego County at the end of the hearing on Wednesday, October 10. More detail will be provided on this website and at the Commission meeting, as available.[POSTPONED]