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·"' COASTAL COMMISSION SAN FRANCISCO. CA 94105· 2219 VOICE AND TDD (415) 904· 5200 FAX ( 4 15) 904· 5400 RECORD PACKET COPY W3 TO: ALL COMMISSIONERS FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR SUBJECT: MINUTES OF MEETING OF JANUARY 9-12, 2001 The Westin-Los Angeles Airport 5400 West Century Blvd. Los Angeles /'•. I I I ' Q J9nuary 9, 20 1 pages 1 to 7 ,/1 / ; I 1. CALL TO ORDER. ,_The mee)ing 1 6f the California Coastal Commission was called to order on Tuesday, Jfnufyo7 1';;8--)m. by Chairman Wan. 2. ROLL CALL. Dettloff, (Alternate) Allgood, K:uer, M'Ctsqy:._(6!tefnp'lteytee, Sanders. Absent: Desser, .Reilly, Sweeney & w9011ey. (A_ }Jem __ -af-J2i 10:10 a.m., and Hart arnved at 10:35 a.m. ·,._ I / ,---.. / /;/ I '"-j / // '_/ / ,/ """ // ( ( / I I ;VI -.. .. .-'' I" / ' I I / I I / / / . / r. / ( I . / / ; .,,. , , ; : I / '--.j / I I / ·< I I I SOUTH CENTRAL COAST DISTRICT ----.; ( \, / '·>,,,.....__/ 3. CONSENT CALENDAR. See items a & bon page 3 of the agenda. Staff recommended approval with special conditions. Kent Lieu submitted a request to speak in favor of the project. Motion & Vote: Orr moved staff recommendation, seconded by Dettloff, and Chairman Wan ruled that the vote was unanimous. Passed .

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Page 1: 2 COASTAL COMMISSION VOICE AND TDD (415) 904· 5200 FAX ( …documents.coastal.ca.gov/reports/2001/2/W3-2-2001.pdf · 2.03.2001  · Motion & Vote to Continue: Weinstein moved to

·"' •

-~:~~r~~~2~! COASTAL COMMISSION SAN FRANCISCO. CA 94105· 2219 VOICE AND TDD (415) 904· 5200 FAX ( 4 15) 904· 5400

RECORD PACKET COPY W3 TO: ALL COMMISSIONERS

FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR

SUBJECT: MINUTES OF MEETING OF JANUARY 9-12, 2001 The Westin-Los Angeles Airport 5400 West Century Blvd. Los Angeles

/'•. I ~,

I -~ I ' Q Jue;t~y, J9nuary 9, 20 1 pages 1 to 7

,/1 / ; I 1. CALL TO ORDER. ,_The mee)ing

16f the California Coastal Commission was called to

order on Tuesday, Jfnufyo7 1';;8--)m. by Chairman Wan.

2. ROLL CALL. p{ese~t·: thgit~6n p.qr(eom~issione~s·D~n, Dettloff, (Alternate) Allgood, K:uer, M'Ctsqy:._(6!tefnp'lteytee, (AI!Jmat~~ 9~r(Neaytmd Sanders. Absent: Desser, .Reilly, Sweeney & w9011ey. (A_ }Jem __ -af-J2i W~~~sfe1n<?_ rnvee~~t 10:10 a.m., and Hart arnved at 10:35 a.m. ·,._ I / ,---.. / '~ /;/ I

'"-j / // '_/ / ,/ """ // (

( / I I ;VI ~ -.. .. .-'' I" / ' I I

/ I I / '-----~·? / / . / r. / ( I . / / ; .,,. , , ; : I /

'--.j / I I / ·< I I I

SOUTH CENTRAL COAST DISTRICT ----.; ( ~ \, /

'·>,,,.....__/

3. CONSENT CALENDAR. See items a & bon page 3 of the agenda. Staff recommended approval with special conditions.

Kent Lieu submitted a request to speak in favor of the project.

Motion & Vote: Orr moved staff recommendation, seconded by Dettloff, and Chairman Wan ruled that the vote was unanimous. Passed .

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SAN DIEGO COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATIONS. See items a through c on page 3 of the agenda. Staff recommended approval with special conditions.

Approved: There being no objection, Chairman Wan ruled that these administrative permits be issued by the Executive Director.

5. CONSENT CALENDAR.

a. Application No. 6-00-169 (Surrey, Coronado) Staff recommended approval with conditions.

Motion & Vote: Kruer moved staff recommendation, seconded by McCoy, and Chairman Wan ruled that the vote was unanimous. Passed.

SOUTH CENTRAL cp'AST I

6. DEPUTY DIRECTO/s R PO T. eputy Director Damm reported on matters not requiring public h7in~ , a o comments from the public.

l !I 0~ 7. CONSENT LEN DAR (r.!nlov · frO!"Re9~r Calem:~<~Q. Staff moved items 9c & 9g to the Colen ~Ic.?m ende~ro)~h/~~conditions. Motion & Vote: Orr movel I rebm..mend'liGJ1. sec ,fedy Allgood, and Chairman Wan ruled that the vot w~~J..rha m16us. ssed. (

·----~; I I ~ ~, I_/ __ _/ /r

8. UCSB NOTICE of IMPENDING DEVELOP~E~ Nr-7- . Staff recommended approval with special condition. ' (

Motion & Vote: Kruer moved staff recommendatiort seconded by McCoy, and Chairman Wan ruled that the vote was unanimous. Passed.

9. COASTAL PERMIT APPLICATIONS.

a. Application No. 4-00-44 (Blank Par-E, Malibu) Postponed.

b. Application No. 4-00-57 (Morton, Malibu) Postponed.

MINUTES OF JANUARY 9-12,2001 PAGE2

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• c. Application No. 4-00-122 (BelL Malibu) Moved to expanded Consent Calendar. Approved.

d. Application No. 4-00-162 (Sayles, Los Angeles Co.} Staff recommended continuance.

Don Schmitz, representing the applicants, submitted a request to speak in favor of the project.

Motion & Vote to Continue: Kruer moved to continue the hearing, seconded by Allgood, and Chairman Wan ruled that the vote was unanimous. Passed.

e. Application No. 4-00-188 (Olson, Los Angeles Co.) Postponed.

f. Application No. 4-)iCJ..l 90 (Mahoney, Malibu) Staff recommended approval . '-.,,

with special conditions. / ""'" // :''•., \

Moti~n & Vote: Orr rl)6ve¢ st~ff r1commend?tion, seconded by McCoy, and Cha1rman Wan rul'd t~?t t~1e v~~/~~s unan1mous. Passed.

I I / // I 1/ /:,-~ / /1 / I lj ,;/ \

// <.,,, ' /./ // / _//

g. Applica~t~on No~ 4-~$Y-~32 (fo;us:J~poiiSo~iety &1Sant~ Barbara Co.) Moved to expanded ConseA(Cal_ertdor. ;t>prove~-~ ) _ / /

·--.. .- II I .-- --- ~-- __ ./ /I/ ··J I f ···/. , .. --- ---;

! , / / I ' / / .. , / I / ' I;·/ / ' / ( ' .·· I ;: I/ j

h. Application No. 4-00:259 ,(HetZig/Mqfib;tJ) ~os!poned7 \ '····· / /

\-.... ..... ~.__.«.~··1 / I ' I / /;' ,/· /// / "·'·/

1 0. PERMIT AMENDMENTS. J (<,_// 1/ /

{ (_ . I

a. Permit No. 5-90-103-A3 (The Pointe & LaB~rge/Malibu) Postponed. ,_,

b. Permit No. 4-97-31-A (Zucker, Malibu) Staff recommended approval with special conditions as modified in addendum.

Motion & Vote: Lee moved staff recommendation, seconded by Dettloff, and Chairman Wan ruled that the vote was unanimous. Passed .

MINUTES OF JANUARY 9-12, 2001 PAGE3

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STATEWIDE

11. FEDERAL CONSISTENCY REPORT. Deputy Director Kooser reported on Negative Determinations issued by the federal consistency staff, and status of major non-energy federal consistency matters.

ENERGY, OCEAN RESOURCES and WATER QUALITY

12. ENERGY, OCEAN RESOURCES and WATER QUALITY REPORT. Deputy Director Kooser reported on matters not requiring public hearings, and status of offshore oil & gas exploration & development.

a. Guadalupe Oil Field Remediation Status Report. There was a written report for information only.

PUBLIC STATEMENTS. Doug Korthof complimented the Commission on protecting beaches, and suggested electronic improvements to public participation.

LUNCH RECESS. The Commission recessed for lunch at 1 :00 and returned at 2:15p.m .

MINUTES OF JANUARY 9-12, 2001 PAGE4

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14. PERMIT AMENDMENT .

a. Permit No. E-98-26-A (Chevron Pipe Line, Morro Bay) Staff recommended approval with special conditions as modified in addendum.

Joe Gonzalez, representing Chevron Pipeline Co., spoke in favor of the project.

Motion & Vote: Allgood moved staff recommendation, seconded by Orr, and Chairman Wan ruled that the vote was unanimous. Passed.

15. SONGS Status. There was a written report for information only.

SAN DIEGO COAST DISTRICT

16. DEPUTY DIRECTOR'S RE~ORT. Deputy Director Lee reported on matters not requiring public hearings,1ana,<(~ comments from the public.

I .\ /

/ /"'~, ' / i \\ !

17. CONSENT CALEt;IDAW{rernovpd from Regular Calendar). Staff moved item 18e to the Calendar, and1lec9rnm.~nd¢9,,~pproval with special conditions.

/ ./// //-.....> I//// f/-~

Neil Cole, r;_epresenting <;rtiof Solqng_~~ach, submitted a request to speak in f f th ,. t / I .-. // ""' ---, avor o e projec . / 1 / v . '··, / --- •

..... ,,,"""'"·-~---~··/·· !" 1// .1 "'"'v/·--"-.\ ~ "'''-.. ,/1 ;1/

Motion & Vote: Lee move~/ staff recorfYmeJda)lfn, se(;n¢eaJ)y Dettloff, and Chairman Wan ruled that (thei~otr1 w?s-t1yanyf19us. ~-P~ised. /

\ "·- .. .,/'· / / / ·, I I / I / /

''~~-"~1 // ft // /'·'>, //

18. COASTAL PERMIT APPLICATIONS. ('-,j 1/ / / II · ..... ,,I / I

·-v· ( j

a. Appeal No. A-6-99-133 (Ligouri, Oceansi~e) ~off recommended approval with special conditions. \, ___ j

Sandra J. Brower, representing the applicant, spoke in favor of the project. David Skelly and Daniel Persichetti, both representing the applicant, submitted requests to speak in favor of the project. Collette Evans spoke in opposition to the project. Renny Dowling spoke in opposition to the project. Eva L. Dausel submitted a request to speak in opposition to the project. Geri Witt submitted a request to speak in opposition to the project .

MINUTES OF JANUARY 9-12, 2001 PAGES

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Motion & Vote to Continue: Weinstein moved to continue the hearing, seconded by Hart, and the roll call vote was 4 in favor (Hart, Kruer, Lee & Weinstein) and 5 opposed • (Dettloff, Allgood, McCoy, Orr & Wan). Failed.

Motion & Vote: Allgood moved staff recommendation, seconded by Orr, and the roll call vote was 0 in favor and 9 opposed. Failed.

b. Appeal No. A-6-00-71 (Alanis, Oceanside) Staff recommended approval with special conditions.

Paul R. Alanis spoke in favor of the project. David Skelly submitted a request to speak in favor of the project.

Motion & Vote: Kruer moved staff recommendation, seconded by McCoy, and Chairman Wan ruled that the vote was unanimous. Passed.

c. Application Nor~~allagher. Carlsbad) Postponed.

d. Application N6. 6 0-~40 {s D G & E, Del Mar} Postponed.

I I

Moved to expanded

Consent Calen(:I~~Ji· .-.../ '_) )

Kruer left at 4:50 p.m.~g !"~win · m. , 7 approval w1th special condition. ( I I'

Marcela Escobar Eck. representing City 61 S ~~ie o, spoke in favor of the project. Kathleen Riser & Walter Heiberg, both ret~s nting McMillin Development, submitted requests to speak in favor of the project. ~- ayne Raffesberger, representing Point Lama Association, spoke in favor of the project. Jacquie Evans, representing Quie, Inc., spoke in opposition to the project. Adam Smith, representing Whole Systems Foundation, spoke in opposition to the project. James M. Evans, representing Peninsula Athletic Club, spoke in opposition to the project. Cynthia Conger spoke in opposition to the project. Stan Smith, representing "Save The Grinder'' (veterans}, spoke in opposition to the project. Loretta A. Scott, representing Global Culture Network, spoke in opposition to the project. Cdr. Bert Decker USN (retired), representing Navy League & Veterans' Council, spoke in opposition to the project. Connie Messina, representing The Multicultural Center for Parenting & life Skills, spoke in opposition to

MINUTES OF JANUARY 9-12, 2001 PAGE6

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the project. Maryanne Brown spoke in opposition to the project. Rose Davis, representing Environmental Indigenous Network, spoke in opposition to the project. John McNab, representing ntcsd.org and San Diego Chapter Sierra Club, spoke in opposition to the project. Sharif Harris, representing Sustainable Earth Enterprises, spoke in opposition to the project. Kathy Brock, representing Sustainable Community (Builders), submitted a request to speak in opposition to the project. Ron Boliung spoke in favor of the project.

Motion & Vote: McCoy moved staff recommendation, seconded by Hart, and Chairman Wan ruled that the vote was unanimous. Passed.

19. PERMIT AMENDMENT.

a. Permit No. 6-99-74-A (Price Enterprises, Solana Beach) Staff recommended denial.

Motion & Vote: There being no speakers, Lee moved approval of the application, seconded by Allgood, ancfG:~airman Wan ruled that the vote was unanimous in opposition to the motior;.l Failed:-\

~---------------

MINUTES OF JANUARY 9-12, 2001 PAGE?

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Wednesday, January 10, 2001 pages 8 to 14

1. CALL TO ORDER. The meeting of the California Coastal Commission was called to order on Wednesday, January 10, 2001, at 9:05a.m. by Chairman Wan.

2. ROLL CALL. Present: Chairman Wan, Vice Chairman Potter, Commissioners Dean, (Alternate) Soto, Dettloff, Estolano, Hart, McCoy, Nova, Neal, Nichols and Reilly. Absent: Sanders and Woolley. McClain-Hill arrived at 9:10a.m., and Kruer arrived at 9:40a.m.

STATEWIDE

3. APPROVAL OF MINUT~'Sf~ff recommended approval of minutes of November & December 2000. Chairry{an Wan1uled that the vote was unanimous. Passed.

4. COMMISSIONER RE 0'7S. jane.

5. CONSERVAN ' Y P7-Jbtfe>, 6. SANTAMd~f~o~~A~YnN:e. 7. DEPUTY ATTORNEY GE~'S iEPORl~~~fofr a. hor.y~ 8. EXECUTIVE DIRECTOR'S REPOL I 11 J

a. Interagency Agreement for N6AA z:7·ta1!fecommended approval.

Motion & Vote: Estolano moved staff recommen<(:iatio~, seconded by McCoy, and Chairman Wan ruled that the vote was unanimou"s., _ _i6~sed.

b. Adopt-A-Beach MOA Amendment. Staff recommended approval.

Motion & Vote: Estolano moved staff recommendation, seconded by McCoy, and Chairman Wan ruled that the vote was unanimous. Passed.

c. Malibu LCP Contract. Staff recommended approval.

Motion & Vote: Estolano moved staff recommendation, seconded by Potter, and • Chairman Wan ruled that the vote was unanimous. Passed.

MINUTES OF JANUARY 9-12, 2001 PAGES

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d. NOAA Coastal Research & Monitoring Strategy. Staff suggested a letter of support. There being no objection Chairman Wan directed staff to prepare a letter of support.

8.5 CALIFORNIA COASTAL MANAGEMENT PROGRAM WORKSHOP. Staff recommended approval of the MOU.

Jerry Livingston, representing Building Industry Association of San Diego, submitted a request to speak in opposition to the staff recommendation. David Smith, representing Building Ind. Assoc. of So. Cal., submitted a request to speak in opposition to the staff recommendation. Jim Whalen, representing Sempra Energy, submitted a request to speak in opposition to the staff recommendation. Tom Acuna, representing Sempra Energy, submitted a request to speak in opposition to the staff recommendation. Eileen Reynolds, representing Calif. Assn. of Realtors, submitted a request to speak in opposition to the staff recommendation. Stephanie Doll submitted a request to speak in favor of the Secretary's position. Norbert H. Doll submitted a request to speak in favor ofS~,cy. Nichols' recommendation. Craig Benedetto, representing Alliance for1Habitdt,,~onservation, submitted a request to speak in opposition to the staff ricor:t)men(;jation.

/ I \ ,

/ I ) j Michael D. Jasr{y, rwre,?ent(Ag Natural Resources Defense Council, submitted a

request to speak i0fav6r ofthe1~t9l'ff'~<;:ommendation. Ellen Stern Harris, representing Fund for the Envj(onr~:{ent/subJil~tfed"6 request to speak in favor of the staff recommendatiQn. Allison R;;iffe, repres~ntin'g,Sp Bay CmJqcil, submitted a request to s~~ak in favor ohh~ ~!9ftd~9brl),m'endatLqn\ Bop /9seph, ;,epresenti~g San Clemente Ot1zens for Res~ons1ble D~ye19pm~pt,-:1Jbm1ttE?d;O req~esyto-~eak 1n favor of the staff recommendation. Doug KQ!Jhof s1ubrrutt~d O/e~uest tfl'SPe9k 1n favor of the staff recommendation. Nancy Donav~n s11bmitted a requ:est to speak in favor of the staff recommendation. Linda Moon, rer.!:_~_s;~nt!Mg/(mjQos )?le Bois~ Chico, submitted a request to speak in favor of the staff r~?;flr;{en)::lati?n. Mdrcia Hanscom, representing Wetlands Action Network, submitted a req4esVto s()eqk in favor of the staff recommendation. Tarren Collins, representin'6 SiEttra Glub Santa Lucia Chapter, submitted a request to speak in favor of the MOU\,, I

,,,,,/

Travis Longcore, representing The Urban Wildlands Group, submitted a request to speak concerning language of MOU. Catherine Rich, representing The Urban Wildlands group, submitted a request to speak. Janie Figen submitted a request to speak. Bruce Monroe, representing Sierra Club, submitted a request to speak. Gordon Hensley, representing Environmental Defense Council, submitted a request to speak in favor of listing ITP under CCMP. Tanya Gulesserian, representing Environmental Defense Council, submitted a request to speak in favor of listing ITP under CCMP. Jack McCurdy submitted a request to speak.

MINUTES OF JANUARY 9-12, 2001 PAGE9

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Motion & Vote to Withdraw Request: McClain-Hill moved to withdraw the request to OCRM, seconded by Estolano, and the roll call vote was 6 in favor (Soto, Estolano, • Hart, Kruer, McClain-Hill & Potter) and 5 opposed (Dettloff, McCoy, Nova & Wan. Passed.

Motion & Vote to Table MOU: Reilly moved to table the MOU, seconded by McCoy, and Chairman Wan ruled that the vote was unanimous. Passed.

SAN DIEGO COAST DISTRICT

9. LOCAL COASTAL PROGRAMS (LCPs)

a. San Diego LCP Amendment No. 4-2000 (Centre City North Embarcadero Overlay). Staff recommended approval with suggested modifications.

Motion & Vote to Continue: Reilly moved to continue the hearing, seconded by Estolano, and Chairman yicl'rt-n.:!,led that the vote was unanimous. Passed.

I '""-------

b. Port Master PJ/n Ad Lnt No. 27 (North Embarcadero Redevelopment). The port requester c;mti~and,., •

Motion & Vole lsi co.f~ ~ mQ j9. continue the hearing, seconded by Estolano, and Gb~~rman ,~?~;)G"1~¢1'tqL the V' e was Ti·'a imous. Passed. '--._/ (I ~ (v /Jl SOUTH COAST DISTR16 c I I rf ~J 10. VOTING on APPLICATION. (J I I I .

",_/ I ( a. Application No. 5-00-261 (Pearson, New rt Bjach) Staff recommended

approval with special conditions. ---~

Sandy Pearson spoke in favor of the project.

Motion & Vote: Nova moved staff recommendation, seconded by Potter, and the roll call vote was 9 in favor and 2 opposed (Dettloff & McClain-Hill). Passed.

CENTRAL COAST DISTRICT

MINUTES OF JANUARY 9-12, 2001 PAGE 10

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11. DEPUTY DIRECTOR'S REPORT. Deputy Director Grove reported on matters not requiring public hearings, and on comments from the public.

12. CONSENT CALENDAR (removed from Regular Calendar). Staff moved six items ( 15a, c, d, e, g & h) to the Calendar, and recommended approval with special conditions.

(15c) Nick Nichols and King Thomas, both representing the applicant, submitted requests to speak in favor of the project. ( 15d) David T. Rutter, representing the applicant, submitted a request to speak in favor of the project.

Motion & Vote: Reilly moved staff recommendation, seconded by Potter, and Chairman Wan ruled that the vote was unanimous. Passed.

PUBLIC STATEMENTS. Norm Haynie, representing Lechuza Villas West L.P., spoke about third party violations. Dou,@''Kq_rthof spoke about Bollana and regulation process. Bob Joseph spoke in favor of/6 convepient location for the Marblehead hearing. Marcia Hanscom, representing1Wet~nds {A-ction Network, spoke in favor of the Bollana settlement agreeme~:l Sabri'na Vjmskus, representing Bollana Wetlands Land Trust, spoke in favor of pL.jblic Jn'pu/to 7ettlement .

I / ! /, /'-,,, I I i ,/";

LUNCH RECESS. The eomrhissio,r/rec§'ss~d for lunch at 12:30 and returned at 2:15p.m. after closed session. sofa l~t{ ?i t~e,or~pk:--,""-"' ///'

, /1

1 I ,\ ' I 1 '',,, '>,._ • N,,./,_,'' ,/ { "'-..-.-.~/'' '-•,,\ } ,. ... , • //

REPORT of CLOSED SESSIO~/ ln/losE1/d-sessioh, qryDecE?tnb(er-+j, 2000, the Commission took action on Topanga As~n/for a1

Scenic Cqmr;nunitY;~er al/v. CCC, et al. (Oison/Sayles, RPI). In this clos_ed 1sess(~rvfh~1C9mrpissJ6n too5_ action <?n Holland, Rodman v. CCC, et al., and discus~~g)hree Qfhelmqtter~, f9r 1nformat1on only.

! ( I I' / i '',J ,,, ' i I I ,,,j / I /

a. Santa Cruz Co. LCP Amendment No. SCO-MAJ-1-00. Postponed .

MINUTES OF JANUARY 9-12, 2001 PAGE 11

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14. NEW APPEALS.

a. Appeal No. A-3-00-76 (Santa Cruz Co. Pleasure Point streetscapes) Staff • recommended that the appeal raised substantial issue. There being no objection, Chairman Wan ruled that the Commission found substantial issue, and opened the hearing on the merits of the project. Staff recommended approval with special conditions.

Tom Burus and Carl Rom, both representing County of Santa Cruz, submitted requests to speak in favor of the project. Mike Guth spoke in opposition to the project. Charles Paulden spoke in opposition to the project.

Motion & Vote: Estolano moved staff recommendation, seconded by Reilly, and Chairman Wan ruled that the vote was unanimous. Passed.

b. Appeal No. A-3-00-156 (Crowther, San Luis Obispo Co.) Staff recommended continuance. There being no objection Chairman Wan opened the hearing and continued it to a future meeti g. I---15. COASTAL PERMivAPP;zC TIO S.

a. Applicarl h~- -9~~o,~ey bikepath) Moved to expanded Consent Calendar. Appr ved~ __ / I ) ~-~---

""- ~/ 1 //-~v (7 ~""" ____,...._7 ~) b. Appllcati:;;,""No:'{ -93'{Sh~.i:Zar~..fl st¢t/rymended approval with

special conditions as mo ~ orqt{y~y. // I r /; I ( c~ I 1_ ;J/ 1

susan Brandt-Hawley, repres __ !!!}~ Frifnzs of ar el SLJitural Heritage, spoke in favor of the project. ('-,j / /

Motion & Vote: McClain-Hill moved staff r~~---- m~nd~tion, seconded by Potter, and Chairman Wan ruled that the vote was unanimo~!}ssed.

c. Application No. 3-00-97 (Monterey Co., Moss Landing bridge) Moved to expanded Consent Calendar. Approved.

d. Application No. 3-00-122 (Walters, Carmel) Moved to expanded Consent. Calendar. Approved.

MINUTES OF JANUARY 9-12,2001 PAGE 12

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e. Application No. 3-00-128 (Walden, Carmel) Moved to expanded Consent Calendar. Approved.

f. Application No. 3-00-136 (Virkkunen, Carmel} Staff recommended approval with special condition.

Craig Holdren, representing the applicant, spoke in favor of the project. Susan Brandt-Hawley, representing Friends of Carmel Cultural Heritage, spoke in opposition to the project.

Motion & Vote to Continue: Reilly moved to continue the hearing, seconded by Estolano, and Chairman Wan ruled that the vote was unanimous. Passed.

g. Application No. 3-00-145 (Morton, Carmel) Moved to expanded Consent Calendar. Approved.

/~· / "'~ I ,,

h. Application No/3-0Q-152 ~Moss Landing Harbor, Monterey Co.) Moved to I / "' J

expanded Consent Calel)ddt. Approved. / I I I

I j I ~-----------------;/ // !! I I I .I ;/"-.• ,

; / I I "

16. PERMIT AM~f4DM,ENT~ ./ / ;>-"~ <.. '·'·""" /;/ j' //~··v~<>/···~·.,,.... //· .. ·-.. ,.

a. Permit No~·P-78-~60-,(2 (pauphine,,.MoritereyCo.) lostponed. ·----·-· / 1. v ·. • 1·,; .·•• /

I /' ----~.J I / / v /--···-; ;/ ;' , / / -, / I '·· 1 / I <.. I .-,j /

~·-,..--... // I __ /-----·-7 __ ,.! .l ~~~ /-b. Permit No. 4-82-300-AS (Parks &/Recreataon,~<;ln Luis·Obispo Co.) Postponed.

! •.• ;; I" / "- ..- / / ;' 1/

""-~--~-~ -·-")' 1/ !/ ./ / /<- ~/

··-.. / / / / / Neal left at 4 p.m., at the beginning'o(the1ne~t itE?m. Dean left at 4:55p.m.,

during the following item. ' / ! c! { I

\ / "-,, '· I

c. Permit No. 3-84-139-A (Cannery Row & Monterey Peninsula Hotel, Monterey) Staff recommended approval with special conditions.

Bill Hooper, representing the applicant, spoke in favor of the project. Frank P. Donangello, representing Cannery Row Co., submitted a request to speak in favor of the project. Donald G. Hubbard, Paul Krupka & Mike Zimmerman, all representing the applicants, submitted requests to speak in favor of the project. Mayor Dan Albert and Bill Wojtkowski, both representing City of Monterey, submitted requests to speak in favor of the project. Janie Figen, representing Sierra Club CA Coastal Committee, spoke in opposition to the project. Susan Brandt-Hawley, representing Monterey v.

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Imp. Env. Waterfront Comm., spoke in opposition to the project. Doug Korthof spoke in opposition to the project. Bruce Monroe, representing Sierra Club, spoke in opposition to the project. John Sanger, representing the applicant, spoke in favor of the project.

Motion: Reilly moved staff recommendation, seconded by Hart. Amending Motion & Vote: Potter moved to monitor water bills for 5 years, seconded by Estolano, and Chairman Wan ruled that the vote was unanimous. Passed. Amending Motion & Vote: Potter moved to reserve specified area for restaurant use with 20% available for the public, seconded by Nova, and Chairman Wan ruled that the vote was unanimous. Passed. Amending Motion & Vote: Potter moved to delete west side public access connection to the bay, seconded by McClain-Hill, and Chairman Wan ruled that the vote was unanimous. Passed. Amending Motion & Vote: Potter moved to modify condition 3g to be consistent with access deleted above, seconded by Kruer, and Chairman Wan ruled that the vote was unanimous. Passed. Amending Motion & Vote: Nova moved to include public amenities in the plaza, seconde ''by Potter, and Chairman Wan ruled that the vote was unanimou . PasSe~l.

Vole on Main Motion: (u~fn!!'an J~an ruled that the vote, on the main motion, as

amended above, w ~ ~iroul_· _P_a_ss_e_d_. ____ _

RECESS. The Cof!1mi~/ed ~ __<:J_ay at 6:00 p.m. I // ~/( ~ ~-,

MINUTES OF JANUARY 9-12,2001 PAGE 14

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Thursday, January 11, 2001 - pages 15 to 20

1. CALL TO ORDER. The meeting of the California Coastal Commission was called to order on Thursday, January 11, 2001, at 9:05a.m. by Chairman Wan.

2. ROLL CALL. Present: Chairman Wan, Vice Chairman Potter, Commissioners Dettloff, Estolano, Kruer, McCoy, (Alternate) Orr, Neal, Reilly and Sweeney. Absent: Dean, Desser, Sanders and Woolley. Hart arrived at 9:10, and McClain-Hill arrived at 9:30a.m.

SOUTH COAST DISTRICT

3. CONSENT CALENDAR. See items a through d on page 13 of the agenda. Staff recommended approvalflrh,special conditions.

I '"' I \\ Motion & Vote: Dettloffmqxt~d stqff recommendation, seconded by McCoy, and Chairman Wan rule!11h/ttth' votp was unanimous. Passed .

I ; / / :··.,."' I I . ' I )

I / / I I f/-'\ / . / / I F.. '

4. DEPUTY DI~ECTOR~S/REPOR!/ Depu}¥ Q_ir~ctor Lee reported on matters not requiring public .. oearings, gMg/on ~-6mr;:rfents lr~m th€1/f5ubl~c. / ' I ' ) I )

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a. Huntington Beach J;'CP Ame)ldfnent~No/2'~98A {Carts·&;Kiosks) Certification Review. ?taft reco_mm.endeg;~o~C:ur~en9e 1fh)he EifU'ti~;:{ ~ir~ctor's determin<?tion. There berng no obJectron, Charrman Wcm rutec;fthaNHe Corr)mrssron concurred wrth the Executive Director. Approved:. ~--;

1/ _1/

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1 I / . I /

'·.I ! / I / f / / / ""-..,~. /1 ji /

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5. CONSENT CALENDAR (removed from Regular' Calendar). Staff moved seven items (8e, f, g, h, i, k & I) to the Calendar, and recomm~ndld approval with special conditions.

(8f) Doug Korthof submitted a request to speak in opposition to the project.

Motion & Vote: Kruer moved staff recommendation, seconded by Potter, and Chairman Wan ruled that the vote was unanimous. Passed .

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Hart arrived during the following item.

6. LOCAL COASTAL PROGRAM (LCP).

a. Redondo Beach LCP Amendment 1-00 (update). Staff recommended approval with suggested modifications.

Lou Garcia, representing City of Redondo Beach, spoke in favor of the staff recommendation.

Motion & Vote on Plan as Submitted: Estolano moved approval of the Land Use Plan Amendment as submitted, seconded by Orr, and Chairman Wan ruled that the vote was unanimous in opposition to the motion. Failed.

Motion & Vote on Plan with Modifications: Estolano moved approval of the Land Use Plan Amendment with suggested modifications, seconded by Orr, and Chairman Wan ruled that the vote was unanimous. Passed.

7. NEW APPEALS.

a. Appeal No. A-5- laya Vista Capital, Los Angeles) Staff recommended that the appeal raised bstantia issue. There being no objection, Chairman Wan ruled that the Commi ion o nd ubstantial issue.

Catherine Tyr7 re~Ges ed <;iecision in San Luis Obispo. Marcia Hanscom, • representing Wet)6nd$ Ac 'on r~poke.

Choirmon wa4~7regfin~~1erit:~;:ect to a future meeting.

McClain-Hill arrived ~bollo~ingj~. j /7 b. Appeal No. A-5-00-434 (L ng(s/ac,t(25tr ~arkil)g program) Staff

recommended that the appeal ra· eefsutist · nti iss e. yhere being no objection, Chairman Wan ruled that the Commisfuh J ury su stqntial issue, and opened the hearing on the merits of the project. Staff rectSm ended approval with special conditions. _)

Robert Benard, representing City of Long Beach, spoke in favor of the project. Mark Sandoval, representing the City of Long Beach, submitted a request to speak in favor of the project. Steve Roehler, representing Belmont Shore Residents Assoc., spoke in favor of the project. Cynthia Brannan, representing Belmont Shore Residents Assoc., submitted a request to speak in favor of the project. Jeanette G. Gavin, representing Belmont Shore Residents Association, spoke in favor of the project.

Motion & Vote: Estolano moved staff recommendation, seconded by Orr, and Chairman Wan ruled that the vote was unanimous. Passed.

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c. Appeal No. A-5-00-467 (P.R.S. Group, Dana Pt.) Staff recommended that the appeal raised substantial issue. There being more than 3 votes to hear testimony, Chairman Wan opened the hearing on substantial issue.

Ed Knight, representing City of Dana Point, spoke in opposition to the project. Phillip R. Schwartze, representing Ritz-Carlton, submitted a request to speak in favor of the project.

Motion & Vote on No Substantial Issue: Orr moved that the appeal raised no substantial issue, seconded by Potter, and Chairman Wan ruled that the vote was unanimous in opposition to the motion. Failed.

d. Appeal No. A-5 00-472 (Marina Pacific Associates, Los Angeles Co.) Staff recommended that the appeal raised substantial issue.

Charles Moore, representing the applicant, requested a continuance and waived the time limit. Carla Andrvs>representing Save the Marina Coalition, submitted a request to speak in oppotition 'to~he project. John Davis submitted a request to speak in opp~sition to the pr9Jec~~ans lEtter submitted a request to speak in opposition to the proJect. ; I ) I

/ / I I " ( ! f

Motion & Vote to iontjriuey1Esto{qf1o~rn9ved to continue the hearing, seconded by McClain-Hill, and Chdirman w6r{ rul€d that the vote was unanimous. Passed.

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8. COASTAL PERMIT APPLJCAtlONS/-----J ! / (··-/ ,_--~-7 / I / II ., ;· I

( I / _! '.,__ )/"'',, '· . .._/ I /.~·-; / I 11 _1

a. Application No. 5-99-260 ~Mat~le' H7a91 S9fl'~~emen;e) Postponed. '-·. /i ;'I /

'-~-~--t / : I ~-.. / i ; I I / •.·

b. Application No. 5-00-229 (Ha~~'fl~~~~ L_0{ A/gel~~} Staff recommended approval with special conditions as modified'orai)V. (7

\ I

"'· I Don Schmitz, representing the applicant, spoke-In favor of the project. Benjamin M. Reznik, representing the applicant, spoke in favor of the project. Thomas M. Geher, representing Bert & Ruth Mandelbaum, spoke in favor of the project. Chris Ball spoke in opposition to the project. Marlene Schaffner spoke in opposition to the project.

Motion & Vote: McClain-Hill moved staff recommendation, seconded by Orr, and the roll call vote was 7 in favor and 3 opposed (Dettloff, Kruer & McCoy}. Passed .

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c. Application No. 5-00-333 (San Clemente sewers) Postponed.

d. Application No. 5-00-343 (State Parks, Laguna Beach) Postponed.

e. Application No. 5-00-361 (Pizzulli, Los Angeles) Moved to expanded Consent Calendar. Approved.

f. Application No. 5-00-399 (Verizon Wireless & Seal Beach) Moved to expanded Consent Calendar. Approved.

g. Application No. 5-00-406 (Fiuter, Newport Beach) Moved to expanded Consent Calendar. Approved.

h. Application No.5-po..~~ (Campbell & Schumann, Hermosa Beach) Moved to expanded Consent 7dar. A}+-p_r_o_ve_d_. ____ _

i. Applicalion;t\lo. ~448 (Moloney. Hermosa Beach) Moved to expanded

Consent Calend~l ~fed. ___,)...._v_~-';------1 "-, ____ / ,) /--,

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j. Applicatior:t~~~9-- 0 i457 Lystn~San Cl~~te) Staff recommended approval with speciarcon~ tio s a~oi of zo"· ~ r?

Barbara Lystne spoke in fav~r, ·e~~ /( ,,)

Motion & Vote: Potter moved staff redq~/nd tio/so/'onded by Reilly. and Chairman Wan ruled that the vote was un~~~ ous! Pqssed.

''v ( f::-

k. Application No. 5-00-461 (Irani. Los Angele~oved to expanded Consent Calendar. Approved.

I. Application No. 5-00-451 (ScoH, Hermosa Beach) Moved to expanded Consent Calendar. Approved.

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9. PERMIT AMENDMENT .

a. Permit No. 5-98-156-A5 (Long Beach & D DR Oliver Mcmillan) Staff recommended approval with revisions to previous conditions as modified orally.

Tony Panker, representing DDR Oliver McMillan, spoke in favor of the project. Lester Denevan spoke in opposition to the project. John Davis submitted a request to speak in opposition to the project. Kathy Knight submitted a request to speak in opposition to the project. Doug Korthof spoke in opposition to the project. Bruce Monroe, representing Sierra Club- Long Beach, spoke in opposition to the project. Robert Paternoster, representing City of Long Beach, spoke in favor of the project.

Motion & Vote: Dettloff moved staff recommendation, seconded by Kruer, and Chairman Wan ruled that the vote was unanimous. Passed .

13. COASTAL PERMIT APPLICATIONS.

a. Appeal No. A-2-00-27 (Korean Presbyterian Church & Daly City) Staff recommended approval with special conditions.

Terry Sedik, representing City of Daly City, spoke in favor of the project. Anthony Gangloff spoke in opposition to the project.

Motion & Vote: Kruer moved staff recommendation, seconded by McClain-Hill, and Vice Chairman Potter ruled that the vote was unanimous. Passed.

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b. Application No. 2-00-40 (San Francisco Public Works) Postponed.

14. PERMIT, AMENDMENTS.

a. Permit No. 2-00·19·A (San Mateo County Harbor District, Pillar Point Harbor) Staff recommended approval with a different special condition. ·

Motion & Vote: McClain-Hill moved staff recommendation, seconded by Orr, and Chairman Wan ruled that the vote was unanimous. Passed.

b. Permit No. 2-00·42-A (Cirincione-Coles, Marin Co.) Staff recommended continuance.

Motion & Vote to Continue: McClain-Hill moved staff recommendation, seconded by Orr, and Chairman Wan ruled that the vote was unanimous. Passed.

PUBLIC STATEMENTS. ~~~om. representing Wetlands Action Network, requested protectio~f BlUe erqh rookery. Doug Korthof spoke about Orange County dumping se;Wage'. , mdna Merryman, representing Save All of Ballona, • submitted a requ~t to!Spef!~k i o 13tzsition to the project. John Davis, representing Save the Marinq/~~~e~d a arirrgirJ, Los Angeles for appeals a & b above. Carla Andrus, represirting Save t e ar' ·~61itlo1subm' a request to speak. Kathy Knight, represenfln92£irlt·6f e ge CQynciL r qu ted B Ilona hearings in Los Angeles. Bryan Gordon su mit ed g~d !3"s eak · 'O}"ef)Jf hearings in proximity to the affected area. Sus oo~S, re· .. pre,senyn BalloJipAtve)fands Action, requested a local hearing on Ballona road wide(nipg. !;ita Et ~poke'J.bout lack of emergency planning for evacuation of Marin~,,~-~fRe-rr/ L slie~r ell sppke about local hearing and preservation of heron habitat. St~W in ·an p~about need for boating facilities and opposed rent increases. Jim -?! IS s k about problems for boat owners in Marina del Rey. Lorraine Perlman s1Jbr:7~t~e~p request to speak. K.C. Mancebo submitted a request to speak. Dr Da~~~?nge, representing Coalition to Save the Marina, spoke about developer demolishing trees that provide habitat. Dan Cohen, representing Save the Marina, said the owner would not take care of the trees infested with spider mites. Richard Gelfand spoke about item 7a, above.

RECESS. The Commission recessed for the day at 12:55 p.m.

MINUTES OF JANUARY 9-12, 2001 PAGE 20

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Friday, January 12, 2001 - pages 21 to 23

1. CALL TO ORDER. The meeting of the California Coastal Commission was called to order on Friday, January 12,2001, at 9:00a.m. by Chairman Wan.

2. ROLL CALL. Present: Chairman Wan, Vice Chairman Potter, Commissioners Dettloff, (Alternate) Allgood, Hart, (Alternate) Susskind, McCoy, (Alternate) Orr and Reilly. Absent: Dean, Desser, Sanders, Sweeney and Woolley. Neal arrived at 9:10, and Lee arrived at 9:30a.m.

NORTH COAST DISTRICT

3. DEPUTY DIRECTOR'S REPORT. District Manager Merrill reported on matters not requiring public hearings)naon comments from the public.

/ ~\ _______ _ / \

/ \

/ l\ ) 4. CONSENT CALEfj0A~1(reJ110V1ed from Regular Calendar). Staff moved item 7a to the Calendar, and.(ecqrY1mJ:~ndeg,approval with special conditions.

I I I I / '

Motion & Vote: R~iliY:~ov'~dfi{9ft ref;~llJ~ndation, seconded by Potter, and Chairman wanCr:~.led that)0e1vote~We1s<6narlitn?us. P~alsed>.

··,··- .. ~.//. .I I ·· .. / ··~ 1 ;··J .... , // / I /------... _; / I / v ,,-~---7

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5. LOCAL COASTAL PRO'G~AM ~lCPJ,-7 / 1

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a. Humboldt Co. LCP Amendme~t N9~ ~·OO,I(suface .. ,ryiining) Time Extension. Staff recommended approval. ",.J / / I /

.( / I / ·• .. / I I

Motion & Vote: Reilly moved staff recomme~·dati~m, S:EJCOnded by Potter, and Chairman Wan ruled that the vote was unanimous •.. Bassed.

6. NEW APPEAL.

a. Appeal No. A-1-00-52 (McNeely, Mendocino Co.) Withdrawn .

MINUTES OF JANUARY 9-12, 2001 PAGE 21

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7. COASTAL PERMIT APPLICATIONS.

a. Application No. 1-99-31 (Mid County Ranch, Humboldt Co.) Moved to • expanded Consent Calendar. Approved.

Neal arrived during the following item.

b. Appeal No. A-1-00-20 (Beacon, Mendocino Co.) Staff recommended denial.

Motion & Vote: Reilly moved approval of the application, seconded by Orr, and Chairman Wan ruled that the vote was unanimous in opposition to the motion. Failed.

Lee arrived during the following item.

c. Appeal No. A-1-00-28 (Jones, Mendocino Co.) Staff recommended approval with special conditions as modified orally.

Alan Block, represe ing th applicants, spoke in favor of the project. Lori Jones and Robert Jones sub 1tte~equ sts to speak in favor of the project.

Motion: Hart movecistladom endation, seconded by Allgood. • Amending M~o-r& ~lt'e: vSstci d moved to delete conditions l a & 1 b (resiting the house),jecon~a b't N(go d, nd Chairman Wan ruled that the vote was unanimous. Pas;ea. I I · /~-,"' ,...~

Vote on Main M'O~~--S ir~an an r'b1~'\thdt the ot7n the main motion, as amended above, was un 1m us. ---J / -7

I (-1 I l J S. d. Application No. 1-00-47 (ku!egp & ,B. (,.t ~rldt C .) Staff recommended

approval with special conditions. - V 1 I / 1

Bruce Conn, representing Bureau of L~ritj M<f]na ment, spoke in favor of the project. Joel Canzonen, representing City of EurE!k:a, oke.

--~-.~

Motion & Vote: Reilly moved staff recommendation, seconded by Potter, and the roll call vote was 7 in favor and 3 opposed (Allgood, McCoy & Orr). Passed.

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8 . FINDINGS.

a. Permit No. 1-83-223-A (Webber, Mendocino Co.) Postponed.

ADJOURNMENT. There being no old or new business, the meeting adjourned at 10:30 a.m.

pmg

Respectfully Submitted,

PETER M. DOUGLAS Executive Director

MINUTES OF JANUARY 9-12, 2001 PAGE 23

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..