okay good morning everyone thank you so much for being here welcome to the
December meeting of the California Coastal Commission we are so excited to
be back in Imperial Beach this month so we will begin please with a roll call
Ms. Miller. Commissioner O'Malley. Present. Commissioner Eckerly. Here. Commissioner
Escalante. Vicente. Commissioner Hart. Present. Commissioner Jackson. Here. Commissioner
Kelly. Here. Commissioner Larson. Here. Commissioner Lee. Here. Commissioner Preciado. Here and
online because of an injury. Sorry guys. Commissioner Williams. Here. Commissioner
Wilson. A key. Chair Herman. Here. You have a call. Great. Thank you very much. And now
we will move to the virtual meeting procedures please. All right good
morning. This coastal commission meeting is occurring both in person and through
zoom. This meeting is also being webcast and can be viewed online at cal-span.org.
If you have internet access and wish to watch or listen to the meeting only and
not speak on an item, we recommend use the CalSPAN website. Those who wish to
address the commission today can do so in person through the zoom platform or
or by phone.
The speaker request forms may be found
on the commission's webpage.
Paper forms and a scannable QR code
for paperless submittal are available
on the commission staff table
just outside the meeting room.
For those on Zoom, we have posted virtual hearing procedures
on the commission's agenda webpage,
which is a guide on providing comments via Zoom or by phone.
Members of the public speaking
during general public comment may be given up
to two minutes to speak at the discretion of the chair.
Requests to speak during the general public comment period
will not be accepted after 9 AM on each day of the meeting.
In order to provide the opportunity
for the broadest range of public participation,
you may speak on a specific topic one time only each month.
Those speaking on an agenda item
that is not general public comment
are typically allowed two to three minutes to speak
at the discretion of the chair.
We will accept the request to speak on a regular agenda item
up until the chair opens the hearing
on that particular item.
If you have internet access,
please go to the commission's webpage
and click on the link to fill out a speaker request.
If you do not have internet access
or prefer to testify by phone,
please call the commission staff at 562-477-9089.
Again, that number is 562-477-9089.
Staff will provide you with a telephone call-in number
and instructions for how to participate
and provide testimony by phone.
We will manage speakers coming in and out of the meeting
through a meeting organizer.
When it is your time to address the commission,
the organizer will invite you to turn on your video
and microphone or provide instructions
on how to unmute your phone.
Madam Chair, that concludes the virtual hearing procedures.
Great, thank you very much, Chris.
And now we'll move to agenda changes, please, Mr. Schwing.
Thank you, Madam Chair,
and good morning to the commission
and to everybody who's in attendance today.
We did publish a agenda changes sheet to the website
earlier this week.
I do have one change from that list,
but I'll read through all of them.
Starting with item 10A,
this is the City of Huntington Beach's LCP amendment.
This is just an LCP time extension.
That's moved to consent.
Item 11C, it's appeal A5,
LGB 24 18 the Raina application in Laguna Beach that's postponed item 11 D
this was listed on the agenda changes sheet as a move to consent this is 524
899 the step lay application from San Clemente that matters actually
postponed at the applicant's request mr. Schwinn could I ask you to pause for
just a second. It looks like miss Meyer maybe has oh there we go great thank you
so much thanks mr. Schwinn okay no problem and and again that was item 12
D Stable that is postponed next is item 14 a city of ocean sides LCP amendment
on short-term rentals this is just an LCP time extension that's moved to
consent item 14 b another Oceanside LCP amendment time extension on inclusionary
housing that's moved moved to consent that's just the time extension item 14
c Oceanside's LCP amendment on the de novo appeals another time extension
and that's moved to consent. Item 14d the city of Carlsbad's LCP amendment on airport
uses LCP time extension is moved to consent. Item 15a this is the city of Del Mar LCP certification
permit and appeal jurisdiction map, that is moved to consent.
And items 17A, application 625.419 for 2,828 ocean front
in Del Mar, that is moved to consent.
And last, staff is recommending that item 11B,
the Vatani application, be trailed to follow item 11D,
the Newport Beach Public Works related appeal.
So that matter will come up before Vatani
so that the three beach road matters
can be heard in succession.
And that concludes today's agenda changes.
Great.
Thanks, Mr. Schwang.
Just waiting for the chair to come back,
but at this time we'll open the hearing
for general public comment.
Chris?
All right.
General public comment.
For members of the public,
I'll be announcing the names of the upcoming speakers,
and invite you to speak when it is your turn.
Each speaker will be allowed two minutes
during general public comment
at the discretion of the chair.
In order to allow for live video testimony on Zoom,
we will be bringing you in as panelists.
As we bring you in, your Zoom will reload
and this may take a moment.
To speed up this process,
we will bring several people in at a time,
but please remain muted and keep your video off
until we ask you to speak.
After your time is up,
you'll be moved back to attendee mode.
For members of the public present in the room,
I'll call your names in the order that they appear in a sign up list.
When you hear your name, please line up behind the podium and introduce yourself when you
approach to speak.
There is a raise your hand function that will help us find you in the attendee list.
If you are using a phone for audio, you can raise your hand by dialing star 9.
If you are participating by zoom, you should see a button on your zoom screen.
If you have signed up to speak for this item and are able to do so, please raise your hand
now.
it is your time to speak. We will invite you to unmute and turn on your camera. You can
unmute yourself on a phone by dialing star 6. So today for general public comment, I
see we have a total of 26 speakers signed up. We'll start with those in the room. We
have about 16. Mayor Esther Sanchez, City of Oceanside will begin and then followed by
Courtney Brown, Kristin Northrop, Jeffrey Knox, Bill Tibbetts. Esther Sanchez? Okay,
I'm not seeing anyone or Courtney Brown. Hello can you hear me? All right. All
right thank you good morning. My name is Courtney Brown and I'm a staff attorney
with San Diego Coastkeeper. I'm here today to address an ongoing problem of
SeaWorld San Diego's fireworks pollution in Mission Bay. As this
commission knows commercial fireworks contain harmful chemical components that
are extremely difficult to remove from the environment especially when
detonated over water.
SeaWorld's NPDS permit and master plan
allow up to 150 shows per year,
most launched from a barge in Mission Bay,
near Fiesta Island.
While the permit includes post-event cleanup protocols,
Coastkeeper has documented that these protocols
are woefully inadequate.
Even with perfect compliance,
the nature of fireworks explosions over water
makes it impossible to collect all of the chemical-laden
debris that rains down into the bay
and surrounding shoreline areas.
Over the past year, coastkeeper and partner organizations
have systematically documented the impacts of these shows.
Shortly, I'm joined by a few of my colleagues
who will share specifics about the types
of debris we're finding.
But I wanna highlight two important points.
First, SeaWorld's Master Plan update
will be coming before this commission soon.
This presents a critical opportunity
to transition away from chemical fireworks
toward drone light show alternatives,
a shift that is both necessary and feasible.
Second, I'd like to request an update
on SeaWorld's drone pilot study.
SeaWorld obtained a CDP for drone shows in 2019,
but never implemented it.
We understand they're now pursuing another pilot study,
but as of October, staff had not received any plans
or materials from SeaWorld,
so we're wondering if staff can provide an update
on the status of this pilot program.
And finally, as this commission has previously stated, the best way to avoid pollutants entering
coastal waters is to avoid them being present in the first place.
We urge you to apply this principle when reviewing SeaWorld's master plan update soon.
Thank you.
Thank you.
Kristin Northrop, Jeffrey Knox, Bill Tippetts, Cynthia Fuller-Quinones.
Good morning commissioners.
My name is Kristin Northrop and I am policy advocate for Coastal Environmental Rights
Foundation, also known as SERF.
I'm here to briefly highlight the types of firework debris that's left behind, debris
that does not disappear when the show ends.
A single aerial shell is made up of many pieces and not all of them combust.
We routinely find in Mission Bay, the things we routinely find in Mission Bay includes
hard plastic lift cups that launch from the shell and fall back into the water.
We also find plastic fuse caps and ignition connectors,
brightly colored plastic pieces
from the electronic firing system
that detach the moment the firework is lit.
Alongside those are wire fragments.
These get entangled in the eel grass
and are nearly impossible to recover.
We also find foil, plastic wrap,
all lightweight, non-biodegradable
and easily carried by the wind,
pieces that will not leave our ecosystem.
On top of that, our cardboard casing and paper fragments
and incompletely burned stars, all of which
settle into the bay.
The point is simple.
Fireworks do not vanish in the sky.
Their debris falls into our waters, our wetlands,
and our wildlife habitat.
And without full recovery, that pollution
accumulates show after show, year after year.
If you're interested, I'm happy to pass this debris around.
Just let me know.
You can also take a sniff.
but thank you very much for your time.
Thank you. Next, Jeffrey Knox.
Bill Tippetts, Cynthia Fuller-Cuniones.
If any of you have heard your name, you can approach the mic.
Good morning, Commissioners, and all in attendance this morning.
My name is Cynthia Fuller-Cuniones.
I'm a National City resident and a landlord,
a long-time San Diego South region health advocate
and a proud member of the National City
Healthy Quotodos Coalition.
I'm here today to update you regarding an absolutely incredible, amazing, community-led
environmental justice win.
This was the denial of a proposed fuel transfer depot within the coastal zone on National
City tide lands near Kimball Elementary School.
While perhaps yielding some emissions reduction for Southern California as a whole, the project
was sure to introduce new emissions to the already overburdened national city neighborhoods.
After more than two and a half years of review by all relevant authorities, the projects
required CUP was thankfully denied by our planning commission. In September, a decision
ultimately upheld by National City Council last month. The denial read as follows. The
proposed fuel transfer facility was not deemed essential and desirable to the public convenience
and welfare because the delivery of biofuels could be accomplished through other means
of delivery with fewer air quality impacts to residents, workers, and visitors to national
city.
Granting the permit would constitute a nuisance and be injurious or detrimental to the public
interest, health, safety, convenience, or welfare of or materially injurious to person's
property improvements in the vicinity and zone in which the property is located.
that went on to say more.
I respectfully ask the Coastal Commission
to review its actions on this project,
which nearly allowed approval,
and to modify these actions for future much earlier denial
of such air polluting projects in our tidelands.
In doing so, please note that missing entirely
from project documentation.
sorry thank you. Next is again Jeffrey Knox, Bill Tippetts, Ted Godshock, Pamela
Hetherington. Good morning commissioners and staff my name is Bill Tippetts. First
I'd like to thank you for all the work you do to protect our coastline
particularly our public tide lands. That protection is based and founded on the
public trust doctrine although it's implemented through your coastal act. So
Under the public trust doctrine,
tidelands including filled and drained historical tidelands
are held in trust by state and grantees of trust lands
for the benefit of the public.
And the use of tidelands is restrictive.
It must serve statewide as opposed to purely public,
local uses, have a public purpose or benefit,
and be water dependent or water related.
I participate with a lot of environmental groups
that work in the coastal zone.
We're very concerned that at the local level,
grantees of tidelands are being pressured to approve development projects that conflict with the public trust doctrine.
As an example is the top golf project that is currently moving through the Port of San Diego's CEQA process.
9.5 acre project on low-lying filled tidelands that would fence off four and a half acres
to the public of these tidelands to create an artificial
turf or golf driving range.
So it's a question of whether any form of golf on tied lands conforms to the public trust but to fence off acres of tied lands
Just for golf balls seems to fail any common-sense interpretation of the allowable uses within the doctrine
The site is also one of the few in North Bay where wetland and shallow intertidal habitat creation
appears to be feasible
So when projects like this appear before you it's reassuring to know that your regulatory decisions will follow and apply to public trust
doctrine and the principles you've adopted in your 2023 document public
trust guiding principles and that you've reaffirmed in your 2026 strategic plan
and other documents. Thank you very much. Thank you. Ted Gottschalk, Pamela
Hetherington, Uda Wan, Leon Bay. Thank you. Ted Gottschalk here. Get ready for the
shortest comment you'll have this week. I thank the director for moving 16a to
its regular item and not heard on the consent calendar I was here for that
thank you good morning commissioners Pam Heatherington director of the
Environmental Center of San Diego I was hoping to give you an update on our
Princess Street coastal trail but it's still in the dungeons of the city
planning department $60,000 later so I'm gonna switch to levy land thank you for
your continued action on this coastal act violation as you know San Diego is
not unique. Our region has seen a long history of access issues. Princess Street
has been closed for almost 40 years. Camp Land restricted public access for
close to 30 years. We saw similar problems at Paradise Point and now most
recently at Levee Land. Despite an incredibly heavy workload and limited
resources, your enforcement team continues to do stellar work. We
appreciate deeply their diligence in protecting coastal access for all
Californians and others. Looking ahead, we urge that public access at Levee
Land be expanded to include people with disabilities. This is a straightforward
improvement that would open the coastline to more members of our
community, ensuring that everyone, regardless of mobility, can enjoy this
beautiful stretch of coast. The city of Carlsbad should be a strong supporter of
this kind of access, and hope we hope that they will embrace this opportunity.
enforcement staff has already identified excellent options to make this possible.
We encourage the Commission to support those efforts and ensure that Levee
land becomes a truly inclusive access point. Thanks for your time. Thank you.
Next is Udo Wan, Leon Bay, Curt Hoffman, Mitch Silverstein. Good morning
commissioners. My name is Udo Wan. I'm the vice chair of the San Diego chapter
of Surffighter Foundation, a Del Mar resident for 42 years.
I was 16 years old on January 28, 1969 when the Santa Barbara oil spill occurred.
I was shocked and horrified by what I saw and heard.
That day marked the first day of my environmental activism,
and I don't plan to back down any time soon.
My passion for coastal protection.
I asked you to fight relentlessly to protect the California coast
by enforcing consistency with the California Coastal Act and blocking the severely ill-advised
federal efforts to allow offshore drilling along the California coast.
On another topic, Sandag is well underway with the Delmar Bluff Project.
They recently built a very steep and deep drainage culvert at 11th Street.
If not for sandbags placed across, one would not be able to traverse down the bluff face,
a trail that has been an access point for many decades.
I think it would be good to keep an eye on SANDAG and remind them of the obligation to
maintain access during construction there and at 7th Street, even though a final decision
has not been made where the formal crossing at the railroad tracks will be at 7th or 11th
Street.
Thank you very much.
Thank you.
Leon Bay, Kurt Hoffman, Mitt Silverstein.
Hi, my name is Leon Benham and I am president of the Citizens for Coastal Conservancy based
here in Imperial Beach. I'm a resident of 60 years and have basically been in our environment
that you so rightfully protect and I really appreciate your efforts. But I am really concerned
about several things that are under your review. And one is the San Diego Bay, the South Bay.
We have 14 miles of historic public access, yet we have no access except through going
through special interest groups who hold these lands such that they can provide tours.
And this is just wrong.
From a kid that would go and put his boat in and we'd go out to the islands and camp
and we had great fishing to now it being closed off from public access is not balanced use.
we can have balanced use of our Thai lands
with environmental protection.
And that's an example that's in Morro Bay,
Mission Bay, all over the state.
Why can't there be a dialogue about balanced use
of our public lands?
So that's the first thing.
And the second thing is that I really want to implore you
to be compassionate about the people of Imperial Beach.
Our coastline has been closed for almost three years,
and it's because that we are receiving sewage offshore
at the South Bay Ocean outfall.
And now the proposal is to increase that
from 25 million gallons a day to 160 million gallons a day,
a 600% increase.
and I thank you for offering me this time.
Thank you.
Next is Kurt Hoffman, Mitch Silverstein,
Margaret Williamson, Leon Benham.
Thank you commissioners and directors.
My name is Kurt Hoffman.
I'm a 30 year resident of 1200 Prospect Street in La Jolla.
So I have a good perspective on what's going on there.
I just want to read just to remind the viewers online
also the commissioners the history of the Coast Commission founded in 1972 and
this is from chat GPT so I'm not making this up it is currently publicly stated
the Commission is committed to protecting and enhancing California's
coast and ocean for present and future generations and as I read that
generations mean people and access to the coast is what this Commission is
related to. I agree with all the comments about the SeaWorld fireworks and the
gentleman talking about access in the South Bay, but we have a number of access
points, actual stairs that are closed, South Casa Beach just south of children's
pool has been closed for over two years, lifeguards are still going down those
closed stairs, there's a four-foot drop where the concrete has dropped and the
stairs are still above, there's a chain across it and people are still going
down there it's a liability issue for the city because it's a dangerous drop
off. I took a contractor down there we got a bid for $130,000 to demolish the
lower stairs and fix the stairs and we are still trying to get that done through
the city and through private donations but this is the the edict of this group
is to protect public access and to pressure municipalities that have
damaged access that have closed access and South Casa has not come up on this
agenda at all it's been closed for two years and it seems that the local level
is not looking at these primary issues of coastal access and pressuring the
municipalities and trying to get these fixed and that's what this talks about
future generations are the people accessing the ocean thank you thank you
Mitch Silverstein, Margaret Williamson, Leon Benham, Adam Leverans.
All right. Good morning, commissioners. Mitch Silverstein, California Policy Senior Coordinator
with Surf Rider Foundation. I want to start by thanking this commission for your decades
of steadfast protection of California's coast. Your work has helped keep our shoreline safe
from additional offshore drilling for over 40 years, and now we need that leadership
more than ever. The Trump administration's offshore drilling plan proposes six lease
sales off the California coast. The first new federal leases in our water since
1984. This would put the entire California coastline at risk of
catastrophic oil spills, chronic pollution from drilling operations, and
disruption of marine ecosystems that our coastal communities and economies
depend on. We're meeting here in Imperial Beach, a community already fighting
sewage pollution from the Tijuana River that has devastated these beaches. The
people of Imperial Beach cannot afford to add oil spills on top of that burden.
No coastal community in California can. We've had two major oil spills in the
last decade, killing wildlife, closing beaches and fisheries,
and severely damaging coastal economies.
These weren't freak accidents.
They're what happens when we allow offshore drilling.
What gives me hope is that we have a narrow window right now
before any lease sales actually happen
to stop this plan entirely.
We, as in the collective we, did it
during the first Trump administration.
The comment period closes January 23.
If we generate massive opposition now,
we have a real chance to get this proposal dropped.
That's the best case scenario, to kill this plan now
rather than fight it project by project
over the next decade, including here at the commission
for federal consistency hearings.
I know you're all aware of this.
I'm just here today to thank you for the work
you've done so far and to urge you to keep on fighting.
I wanna thank Commissioner Jackson
for speaking at our people's hearing
in Costa Mesa on Monday.
We know where Hermosa Beach stands.
We know where Santa Barbara stands,
as well as Monterey, Chula Vista, Healdsburg,
all the places that commissioners represent,
including Humboldt County where Commissioner Wilson
recently led an effort to get another resolution
against drilling past.
Also, former commissioner Aguirre helped spearhead a San Diego County resolution that passed yesterday.
And I know former chair Cummins is working very hard to rally opposition all over the state.
If you haven't already, please ensure your standing resolutions against drilling are either repassed or resubmitted to BOEM to ensure they're on the record.
We all have a role to play in opposing this disastrous proposal.
Please keep fighting and thank you for your support.
Thank you, that's Margaret Williamson, Leon Benham, Adam Levrens.
Hi, good morning. My name is Margaret Williamson. I'm a citizen of Imperial Beach, and I have been a citizen for 50 years.
I have real concerns about the Tijuana River Valley. I have a lot of experience being in that valley for years with horses and stuff and the degradation of the valley is a real concern.
There's a couple of things that I wanted to mention today.
One of them is that I see where they have put a trash boom across the river and
they claim they collected 20 tons of trash during these last storms.
I have a concern, though, in that I'd like to know where that trash is being taken.
And from what I understand, it's going to County landfill.
And our landfills are getting full.
I feel there ought to be a way to work with Mexico
to open a landfill down there and either move the trash
booms into the Mexico or have them come and take the trash
back.
That trash cannot be recycled.
There's all kinds of trash down there.
The other thing is the river itself.
The river itself, I think we can mitigate the river.
We can make it flow.
We can change the route of the river back to what it was.
There are so many invasive plants and sludge down there and that creates cesspools and
cesspools sit and during the dry weather flow there's, we have a big problem.
We have a big problem with our air and we just, we need to address it.
So that's all and I hope you do give it some consideration. Thank you and thank you for coming and that's it
Thank you. Next Leon Benham. I've already spoken but I would speak more but I don't want to
Thank you. Thank you. Sorry
Duplicate
signup back to
People that we missed earlier in the room Esther Sanchez and Jeffrey Knox and if you're here
All right, and then we have last in the room Adam Levren's bridging the gap with the presentation from a Newport Beach
The mooring association going to zoom after that so Adam Levren's
All right, Adam. I see that you're on zoom actually not in the room. You'll be moving in as a panelist right now and
Then after Adam will be Samantha McDonald Peter Kaz and then Terry Gasterland
Okay, can you hear me? Okay?
Yes, we can hear you
Okay, I apologize I had intended to be there in person but childcare obligations with one of our carpoolers interfered
You saw a slide similar to this last month and it shows the city of Newport Beach's
manifestation of
complying with no discrimination in rates told or charges of the granting statutes that allow them to
manage public trust lands
as was noted the owner of a twenty nine and
Three quarter million dollar home pays about $91 a year to birth the boat over the tide lands. That's indicated in the green arrow on the slide. The red arrow shows the city's plan for what they call a mooring license, which will be $7,200 a year.
Currently, those are held by those permits are held by members of the public who pay about $1,600 a year. So that's an increase of $5,500.
Whereas the fee for the homeowner is going to go up from 91 to about $96.
And these increases, the city approved them on July 9, 2024, after letters from the Coastal Commission and the State Lands Commission telling the city to do these rate corrections simultaneously.
The city chose to raise the dock rates three cents a square foot,
and the mooring rates by 300 to over 500 percent.
Next slide, please.
The local coastal program seeks to preserve
moorings as an important source of low-cost public access to the water and harbor.
As you know, State Lands is looking at the rates in Newport,
but we've been coming before coastal for the past three or four months.
State Lands, both the Lieutenant Governor and the Chief Deputy Director of Policy for
the Department of Finance of the State, have indicated that State Lands does not do rates.
So the ball of the mooring rate scheme of the City of Newport Beach is clearly back
in coastal course.
A letter from a law firm was sent in on the 4th and we're urging coastal to recognize
that you have authority over rates and it's time to act.
Thank you so much.
Thank you.
And the McDonald, Peter Kaz, Terry Gasserlin, Patrick Beatty.
Samantha McDonald.
Hi.
Yes, I have slides.
Thank you.
As you all very well know, housing is crucial to the Coastal Commission.
The City of Newport Beach's mooring licenses will completely phase out 51 live-aboard
homes in the Coastal Zone, which is directly over spaces where the Coastal Commission has
original permitting jurisdiction.
The city should not be able to remove live-abords.
Next slide, please.
Between the governor's executive order to use public land to address housing,
California's net loss provision, which I believe Newport is failing to meet at
the moment, and the precedent where rent laws have been determined to apply to
liveabords like us, there is legal precedent to protect us. Next slide. Most
importantly, liveabords in Newport are public trust-aligned and recreationally
aligned. Liveabords are fishermen, delivery captains, charter captains, boat
mechanics, Newport tour guides. My partner just delivered a boat across the Atlantic
ocean this year. My neighbor Dale is a charter captain, and so is my other neighbors Mike
and Jesse. We aid in the basic trust purposes of the tide lands in which there is precedent
to protect these residents' right to live on the vessels and the places that we work.
Cruising is also the primary form of recreation for many, if not most of us. We want to use
our boats for these intended purposes, but that is next to impossible without a live
aboard permit. Currently, if I sleep on my boat for any more than three days without
live aboard permit the city can take my mooring away and kick me out and that does not align with
this primary form of recreation. I also want to note that opponents to live aboard point out a
case of Redwood City that has come up in the state lands commission where an attorney general
opinion said houseboats are not allowed. We are not houseboats. Houseboats are banned in Newport
Beach. We are safe, seaworthy, annually inspected, heavily monitored boats. We are not floating homes
looked up to land utilities. Next slide. Please file a CDP. This is one of our main hopes of
getting this across. And like Adam said, there are letters that have been submitted from the
lawyers and advocates. And we really encourage the Coastal Commission to listen to this. Thank you.
Thank you. Peter Kaz, Terry Gasolin, Patrick Beatty and Geraldo Dotson.
Please call up my slides. Thank you. Yes, give us a moment.
Good morning, honorable commissioners and staff. My name is Peter Kay. Peter Douglas wrote in 1993,
coastal development permits required when imposing or increasing fees or modifying the hours of operation
of public beaches or public beach parking lot here or both launching ramps. CDP requires under these scenarios is still true.
The slides here refer a seal each sun article
quoting a coastal commission staff reported
from May of this year, let me read that.
Any future rate increase could have an adverse impact
on public coastal access.
Therefore, a staff recommends the commission
impose a special condition treaty require the city
to acknowledge that any future rate increase
shall require a new CDP or an amendment to this CDP.
Both the lieutenant governor and state controller have said at recent meetings that the state
land commission does not set the rates for trustees. Next slide please. Yet in Newport
Beach at even the current level of 1,600 a year, they pay much higher rate than docks
and houses and about 300% higher than the current state land commission benchmarker.
also than 12 types of commercial for profit city issue Thailand permits. The Coastal Commission
is tasked with preventing this kind of access reducing the Newport Beach regularly engaging.
The Coastal Commission is tasked with assuring that such local actions do not allow local pricing
strategy to engineering access so that only the powerful and influential have it. The Coastal
Commission does this through the CDP process. It's time for the process here, it's not within
the state land commission, uh, authorities, even with mooring rates, uh, higher than...
Thank you so much. We just, we just hoping that you guys can get a CDP for us, uh, for this
development. Thank you. Thank you. Next Terry Gasterland, Patrick Beatty, Geraldo Dalton.
Terry Gasterland. Uh, yes, it doesn't let me show my video. Could you please turn my video on?
should be able to... Great. It's my background that is my display. So my name is Terry Gasterland.
I'm the mayor of the City of Del Mar. I chair Del Mar's Sea Level Rise Technical Advisory
Committee from 2014 to 2018. I've been on the City Council since 2018. I'm a professor
at the Scripps Institution of Oceanography. My views here are not necessarily those of
the city or the city council.
Delmar has a problem.
Railroad tracks run on top of 1.5 miles of coastal bluff
with a fragile ecosystem and natural habitat.
In June, 2022, the coastal commissioners reviewed
the $88 million Delmar Bluff Stabilization Project phase five
intended to stabilize the tracks
until they can be relocated.
Sand eggs started construction in 2024.
Last week, the project unveiled the drainage system
East of the tracks. As built, it is a long stretch of deep wide cement culvert that doubled
in size compared to what the Coastal Commissioners voted to allow in June 2022. It's 12 feet
wide at the top, six feet deep, and six feet wide at the bottom. This compares to a four
foot wide, quote unquote, culvert in 2022 in exhibit seven of the item W7B. As built,
the deep drainage ditch blocks coastal access.
So I'm here to ask you to ask,
how did a heavy cement drainage ditch
on top of a fragile coastal bluff
double in size with no public hearing?
And please ask for numbers,
square feet of new cement,
tons of cement and linear feet of culverts.
One more ask,
the commissioners approved a quarter acre of wetlands
lost along the tracks to the south.
What I realized walking there recently
is the frogs are now gone.
12,200 square feet of wetlands have been covered in cement.
1,000 feet long, 10 feet wide.
It was a rare, rich, coastal bluff wetland environment
on top of the bluff.
It's gone.
Please help the public understand the extent
of the coastal bluff destruction
due to the Bluff Stabilization Project, phase five.
Thank you.
Thank you.
Next, Patrick Beatty, Geraldo Dalton,
Livia Borak-Bodin.
Patrick Beatty.
Hi.
Thank you, Coast Commission, for the time.
My name is Patrick Beatty.
I live in Pacifica on the coastal section.
Out here in Pacifica, we've had kind of a raft
of unhosted short-term rentals from Airbnb.
It's kind of decimated the local community
in terms of people just moving in,
claiming to live there as neighbors,
and then flipping their house into basically a hotel
that pops up near your place.
In particular, I live next to one that advertises
that they can host 30 to 50 people,
and I have people at all hours making noise at night,
because they don't have any skin in the game that local,
or residents that don't provide value
or care about our community.
Specifically where I live on Beach Boulevard,
About 50% of all the homes are unhosted short-term rentals.
So I'd like to ask the commission,
please to vote to pass the Pacifica's
new short-term rental ordinance as quickly as possible
because the non coastal zone of Pacifica already has this
and it would be great for us on the coast
to actually have the same relief
that our fellow residents do to protect our community
and keep our community actually full of neighbors
instead of these large corporate organizations
that come in and make money off our community.
Thank you.
Thank you.
Next, Geraldo Dalton, Olivia Borak-Bodin, Stephanie Robbins.
Geraldo Dalton.
Hi, good morning.
Thank you, Coastal Commission,
for the opportunity to speak
about the Pacifica New SDR Ordinance.
My name is Geraldo Dalton,
and I live in Pacifica with my wife and two kids.
Across the street from me,
There's one unhosted STR operated by Marbella Lane.
20 feet from that, there's another unhosted STR.
And at the end of the street,
I have four more unhosted STR.
This is a constant source of worry for me, my wife,
and our neighbors with young children like ours.
Cars driving the wrong way.
I turn over of people that we don't know
in addition to the impact in our school system
as fewer families occupy these homes.
I am not opposed to visitors in real estate investment.
We can have our visitors staying
in many of the available hotels.
We can allow investors to purchase homes
and rent them to long-term residents.
by respecting residential neighborhood zoning
and passing the Pacifica new STR ordinance,
you will support a stronger
and more stable Pacifica community.
So please close the commission.
I ask you to pass the new ordinance as soon as possible.
I appreciate your time.
Thank you very much.
Thank you.
Next, Olivia Borak-Boden, Stephanie Robbins, John Dow.
Olivia.
Good morning commissioners.
via Borac Boden of COSAW Group on behalf of Coastal Environmental Rights Foundation.
SeaWorld's Fireworks Launch propels embers, wires, and cardboard directly into Mission
Bay.
The aerial explosions then rain burning debris and stars into the water.
Much sinks to the bay floor, but some also reaches the sensitive nearshore habitat in
Fiesta Island, where chemical-laden debris including cardboard, string, and plastics
threaten dogs, wildlife, and birds.
Small plastic components in particular are routinely found in large quantities.
A surf dive expedition also found improperly secured wires and aluminum foil littering
the bay floor beneath the barge, some of which you witnessed in person today.
Surf and Coastkeeper of catalog SeaWorld Fireworks debris after numerous events and found SeaWorld's
cleanup efforts to be incomplete, insufficient, and cursory. We found SeaWorld Fireworks debris
along Fiesta Island over a month after the last fireworks show. The massive amounts of wires in
various states of decay also suggest SeaWorld has failed to clean the bay floor for years.
SeaWorld Fireworks discharged pollutants to land, air, and water. The Master Plan update is an
opportunity to change course. The Commission has for over two decades foreshadowed the need to
transition to more environmentally sustainable alternatives. While the port
embarks on the Big Bay Boom drone pilot study for one annual show, it makes a
little sense for SeaWorld to continue treating Mission Bay as a dumping ground
to cash in more profits for 150 days a year. We respectfully request continued
oversight of the fireworks and an update on SeaWorld efforts to move forward
toward drones. Thank you. Thank you. Stephanie Robbins, John Dow, Gary Walsh. And we have
five more speakers including those. Stephanie Robbins.
Hi, can you see me? I can't. Yes, we can see you and hear you. Okay. Good morning, California
Coastal Commission and staff. Thank you so much for hearing me out. My name is Stephanie
I was born and raised in California, and I'm a resident of Pacifica, so first I want to thank
you for your ongoing work to protect our incredible coastline. I also want to express appreciation
for your participation with the city of Pacifica as we navigate our short-term rental ordinance.
I'm speaking today about the ordinance ratified by our city council in October, as was mentioned
by a couple previous speakers. As you know, it can currently only be enforced east of Highway 1,
and we must continue working with your commission to extend enforcement to the coastal side of town
where I live. I've lived in Pacifica for over 25 years and purchased my home in West Sharp Park
20 years ago. In that time, I've watched many of my neighbors disappear. Instead of feeling secure,
knowing the people next door looking out for me and my son, I now worry that revolving strangers
might be casing my home or my neighbor's homes. Regularly, short-term rental guests set out
fireworks, drive the wrong way down our one-way street, throw parties, and create other disturbances
that are eroding our quality of life and unravel the fabric of our community. The problem has grown
so severe that more than 50% of Beach Boulevard is now composed of vacant houses used exclusively as
unhosted short-term rentals. This is part of the neighborhood and that is supposed to be residential,
not a business district. Beyond the day-to-day issues allowing unhosted short-term rentals at
this scale rents counter to our urgent need for housing. We are told we have a housing shortage
but how many homes are actually being diverted to full-time vacation rentals.
Some estimates suggest that up to half a million homes statewide have shifted from housing families
to housing tourists. Many Pacifica residents work closely with the city. We want to reclaim our city,
please ratify the ordinance as quickly as possible. Thank you.
Thank you. John Dow, Gary Walsh, Moore O'Neill, Eileen Bochen. John Dow?
Hello, commissioners. Can you hear me? Yes, we can hear you. And can you, uh, this is my first
slide up. Thank you. Good morning, commissioners. I'm John Dow with Save Our Beaches San Clemente.
Slide two, please. OCTA continues to inflict unnecessary damage on San Clemente's beaches
through massive hard armoring projects and a futile and ineffective effort to protect its tracks.
This self-interested approach prioritizes speed and bureaucratic convenience over balanced
collaborative solutions and should stop, and a focus on what delivers the greatest public benefit
should begin. Slide three please. The best solution is a wide sandy beach which protected these tracks
for more than 100 years and benefited all stakeholders. Slide four. It OCTA has doubled
down on hard armoring as reflected in its coastal resiliency study and its Area 4 CDP application.
Predictably, a study prepared by an engineering firm hired by OCTA with a narrow expediency-driven
scope is now advancing three alternatives, and all include more hard armoring with token
one-time sand placement, and all are guaranteed to continue the beach-destroying doom loop OCTA
A is created.
Slide five, concerningly alternatives
that avoided regulatory review
and stakeholder collaboration were prioritized.
Excuse me.
Slide six, the same hard armoring concepts
appear in the pending area for CDP.
That project would destroy the beach
at one of California's most heavily visited state parks
and should be denied.
OCTA should not be spending public dollars
to destroy public resources.
And when considering alternatives,
evaluation objective should be determined the least environmentally damaging practical alternative.
With this as a guide, a win-win solution exists. With more than 300 million in committed public
funding, OCTA could place millions of cubic yards of sand and restore San Clemente beaches
to their historic widths, re-establishing the natural buffer protecting these tracks
for over a century. Please require significant sustained sand replenishment before any future
Army and for past beach destruction and preserve San Clemente beaches for future generations of
Californians. Thank you. Thank you. Next, Gary Walsh, Moro O'Neill, Eileen Bouken. Gary Walsh.
Gary Walsh, Save Our Beaches S.C. I noticed I asked to put a photo up but for some reason that's not
happening. Save Our Beaches S.C. My college, my colleague John Dow just spoke about the emergency
permit from the OCTA before you. Saybar Beach's SC has advocated that OCTA could protect their
tracks if they work diligently on restoring the beaches, their best armoring for the past 130
years. But here's where OCTA is trying to pull a slight of hand. Inside of their permit requests
for engineered revetment, they boast how they will dump 500,000 cubic yards of sand if their
permit is approved. What is glaringly missing is when and how that would happen. In any case,
We are adamantly against a one-time dump of sand.
For tens of thousands of years, the natural order
of sand replenishment occurred from rivers and creeks
on a continual basis year after year.
Our government cut off that supply about 100 years ago
by building systems that stopped the natural flow.
The end must be applied to mimic the natural replenishment.
That means an ongoing replenishment plan,
not a one-time dump.
What is also not clear is that what after building
their engineered revetment, they declare
by placing sand down is no longer feasible.
They're not fearful of signs, finds or mitigation
as they use public money, your money, my money to pay.
OCTA does not generate a profit.
They rely on taxpayer dollars for everything.
And if you'd see the photos,
you would see that the revetment they're proposing
would extend 50 feet out
and that's where the high tide line comes in.
In effect, it would eliminate this beach
or nearly two thirds of a mile.
The California Coastal Commission was founded
for the very purpose of ensuring
that our coastline would not only be accessible
for all citizens to enjoy,
and entities, whether public or private,
would not be able to develop the coastline in a manner
that would exclude the use of the coastline.
You're in a position to ensure current
and future generations will be able to continue
to enjoy this precious natural resource.
For all of us, please use that power.
Thank you.
Thank you. Next, Maura O'Neill and Aileen Bochen. Maura O'Neill.
Thank you. Good morning, commissioners. I'm Maura O'Neill. I'm with Better Neighbors
LA. We're a coalition of host, tenants, housing activists and community members
who work to regulate short term rentals in the coastal zone and preserve long
term housing. I wanted to commend the commission today for your leadership
this year related to short term rental regulations. In this past year, you took
a critical look at the impact of short term rentals on coastal housing. One
An example of this is in Monterey County,
where an LCPA came before you.
This marked a significant step forward
when the commission passed their LCPA,
which limited short-term rentals to one natural person
and banned them in certain areas of the county
that had acute resource constraints
and affordable housing shortages.
The commission also took a pro-housing stance
on the Venice Dell housing development,
which authorized the construction
of 120 new affordable housing units in the coastal zone.
Looking ahead, there are challenges that remain.
This past year in Newport Beach's LCPA,
which authorized additional short-term rentals
limited only to property owners with 20 or more units.
This highlighted the risk of policies
that favor corporate ownership.
Future developments in communities like Newport Beach
will serve as an important bellwether
for the commission's stance on short-term rentals
and on housing.
As will the commission's upcoming review
of LA County short-term rental regulations,
which will have a broad impact on the future
of affordable housing in Los Angeles Coastal Zone.
We hope that in 2026, the commission continues
the thoughtful balanced approach that is taken this year.
And we look forward to working alongside you
as you ensure coastal communities remain accessible
affordable for residents and visitors alike. Appreciate your time. Thank you.
Thank you. Eileen Bochen.
Eileen Bochen, Coalition for San Francisco Neighborhoods, this time speaking on behalf
of the coalition. Following up on my written and verbal comments to the SF Mayor, Board of
Supervisors, SF Capital Planning Committee, SFPUC Commission, State Ocean Protection Council,
SF Fire Commission and will be made to the State Lands Commission and the SF Public Works
Commission.
At its October, November 18 meeting, the coalition unanimously passed a resolution urging the
mayor to transfer the city's emergency firefighting water system, also known as AWAS from the SFPC
vacuum, the fire department with design and engineering by DPW.
The momentum for this transfer at this point
is from some of the following,
the statewide insurance crisis and the massive fires
in Altadena and Pacific Palisades.
The AWAS issue has come full circle,
fires and insurance as they are the same now
as they were after San Francisco's 1906 earthquake.
The San Andreas Fault runs directly off the coast
San Francisco and was the epicenter of the 1906 earthquake which destroyed 80% of the city.
The only reason Coastal San Francisco wasn't destroyed in 1906 was that it was still
primarily sand dunes. Not anymore. Not only is Coastal San Francisco fully developed,
it is now a plan to focus most of the new development in this area. Thank you.
Thank you. The only two sign-ups that we weren't able to find were both in person,
Mayor Esther Sanchez and Jeffrey Knox, if you are here now. Esther Sanchez or Jeffrey Knox.
I'm not seeing anyone, Madam Chair. Okay great, thank you very much and thank you so much to the
public for your testimony. I'll turn it back to the Commission and ask if there are any questions
or comments? Thank you Chair I want to thank my fellow San Diego County
advocates thank you for coming out today a lot of issues raised that have sort of
have been in my past and continue to trying to change one thing in particular
perhaps it's a question update to staff is about the SeaWorld fireworks
feasibility study and I just a little context of my history seven years ago I
was working for a group called San Diego Coastkeeper and I was approached by
SeaWorld and they asked for support for their drone program moving forward and
they kind of wanted to see the end of fireworks. This is now you know seven
years ago. I don't know what's kind of stood in the way but I would I'm also
live close enough where I hear those hundred and whatever shows that go off
each night and believe me my neighbors are not really thrilled by you know. So I
just want to know if there's an update on that and I'm looking forward for the
Commission to kind of take on that Mission Bay and SeaWorld plan so
appreciate it. Thanks, Commissioner Malloy. I can give just a quick update. My
understanding is that there is a master plan that is still going through City
Review and then it will come to us. And we have it in discussion with SeaWorld
about drone shows and have been encouraging them to work on a trial, you
know, like a pilot program. We're hopeful that will even come before the master
plan update comes before, but really we're just still working through it
them, but we have been encouraging and I think they're interested in exploring
drones in the future. Thank you very much. Commissioner Wilson. Thanks I just want
to mention thanks for bringing up the offshore oil coalition, the coalition to
to stop the offshore oil. I just want to remind folks that it's not just county
jurisdictions but also city jurisdictions but also special districts,
harbor districts, any joint powers authorities can also join the coalition.
I'd also add that these coastal resources are for all Californians so if
there are jurisdictions that don't touch the coast that also feel that
there's something to be saved for their constituencies that they might
also pile on. Thanks. Thank you. Commissioner Escalante. Thank you Madam Chair and I
I appreciate commissioners asking those questions.
Definitely caught my eye.
In terms of the offshore drilling proposals
from the Trump administration,
is the commission taking a formal position on this?
Or do we have to not take a position
because this may come before it's the permit?
What's the extent of our ability to publicly speak on that?
Thanks for the question, Commissioner Escalante.
So we've been actively engaged with a lot of the other state agencies that are engaged
on offshore oil and gas and we're working on comment letters, joint comment letter
and actually Commissioner Eckerly has been involved
in pulling all those agencies together and getting all the right information.
So we're kind of actively working on those letters right now.
So we will on, you know, staff on behalf of the commission will be submitting
to those letters and I'm not sure yet whose signature it will go out under,
But it is it has reached top-level state government. This is a really important issue for all of California
Not just for the Commission and we're happy that we can be a part of that and contribute the coastal outcome
You know the components and concerns we have
So that's our plan right now. I
Really appreciate that. And of course we have the west the best of the best and Commission accurately leading that chart
So appreciate that and I will just whatever you need Commission accurately in terms of media outreach and getting you know
I think we have to
flood the zone as you know they like to say so and much appreciated and I
appreciate all the advocates coming in with all their concerns I think the
SeaWorld issue is significant and it's an opportunity as well for you know I
know that SeaWorld has this reputational issues and I think they should be
encouraged to do better for our environment in order for them to continue
their activities. So much appreciate it. Thanks. Thank you. Commissioner Eckerley. Yeah, Commissioner
Escalante hit my point. Thank you very much. Just putting a finer point on that. This is
clearly of significant concern to the governor. I think when the plan came out, he said over
our dead bodies. So we're tracking this closely that agency letter will likely come under
Secretary Crowfoot signature and we are working to make sure we've got everybody's concerns
and authority reflected. So thank you.
Thank you. Commissioner Nada.
Yeah, it's great to have Governor Newsom's leadership on this and see everyone fighting
for the coast. I did want to ask about the Del Mar railroad item. It sounds like it might
be an enforcement issue and wondered if that's already been noted or yes thank
you commissioner not off my understanding is that we have just
recently learned about the issues that were raised in public comment today over
the last several days we've been in discussion with sand egg and with the
city to try to find a solution so I don't have more of an update only to
know only to let you know we're on it we've just learned about it and we're
trying to learn more and then figure out what what solution needs to be
implemented moving forward. Thank you it was appreciated the mayor's testimony.
Okay thank you and thank you again to the public for your engagement. All right
so now we will move on to item six the executive directors report please. Thank
you Madam Chair. Good morning commissioners. Good morning members of
the public. We're so happy to have you all with us. I'm sorry it's a little
crowded today. My apologies for not enough chairs. One before I jump in just
one quick reminder as we move through all the different statewide items at the
Commission we generally show support with our hands waved as opposed to
clapping or some other noise producing support just to so that we can keep
things moving and not cause a disruption so please help us in implementing that
for all the items moving forward.
So today, as normal, I have a published
executive director report, it could be found on our website,
but I will take a few minutes
to go over several of the items.
So first up, as you may remember from last month,
the Coastal Commission, State Lands Commission,
Coastal Conservancy, and State Parks
hosted three public workshops to gather suggestions
from the public regarding the public access program
Hollister Ranch located in Santa Barbara County. We want to thank everyone who is
able to attend these workshops and just remind everybody if you weren't able to
attend or if you have additional comments to share you can still provide
feedback through our post workshop survey. The public comment period is open
until December 19th so you can visit the HR CAP webpage it's part of our on our
website and the link the specific link to provide those comments is included in
my written report. So next on October 27th through 30th federal program manager
Megan Hall attended the fall meeting of the Coastal States organization in Cape
May, New Jersey. As you will remember Coastal States organization comprises
representatives from all federally approved coastal management programs
nationwide and they convened twice a year in person to discuss shared coastal
management challenges and opportunities. Topics discussed at the meeting include
organization budget, updates on federal funding and regulatory changes, coastal
management program funding strategies, coastal resilience lessons learned across
states, and building partnerships across sectors. On December 4th I attended the
annual meeting of the Wetland Recovery Projects Directors Group in Costa Mesa.
The Directors Group includes directors of 18 state and federal agencies that
coordinate with one another regarding the protection restoration and enhancement
of Southern California's coastal wetlands at this year's
meeting, which was chaired by Commissioner Eckerly.
The director's group endorsed the implementation
of WRPs regional monitoring program.
The regional monitoring program will provide
comparable monitoring information among the region's
coastal wetlands, which is critical in evaluating
whether the goals and objectives of the WRP regional strategy
are being achieved, informing future funding decisions,
and protecting past investments in wetland restoration.
Also, importantly for the commission,
it includes a network of Sentinel sites,
monitoring parameters and protocols,
and a data portal that can be immediately incorporated
into permits for wetland mitigation projects
to ensure that data associated with commission
required mitigation can be used in regional assessments
of wetland health.
So this has actually been a little bit of a passion project
for me.
And I would like to extend a huge thank you
to commission staff ecologist Corey Clatterbuck
and federal programs manager, former ecologist,
Megan Hall, who both served on the monitoring programs
core development team, and of course,
to all of my WRP directors for approving that program.
All right, next.
I hope everyone had a chance to visit the coast
this past weekend during the season's first king tide.
And on staff on the morning of December 4th,
our transportation team, or some of our staff on that team,
had a chance to do a site visit on the Elkhorn Slough
as a part of the Technical Advisory Committee
for the Highway 1 Elkhorn Slough Corridor Resiliency Project.
The Resiliency Project is led by the Transportation Agency
for Monterey County in collaboration
with the Nature Conservancy and the Elkhorn Slough National
Estuarine Research Reserve.
The Elkhorn Slough is one of California's most important
estuary ecosystems and is crossed by critical transportation networks in Highway 1 and all
major rail corridor and a major rail corridor that currently serves Amtrak and potential
future state expanded rail networks.
The study will evaluate climate change vulnerabilities and adaptation alternatives for Highway 1
and the rail corridor, which is currently completely underwater during major tidal events
like a king tide.
And I will discuss a little bit more about King Tides in a moment, but also wanted to
direct your attention to the might written report.
There's a couple really good pictures in there.
So on November 6, Deputy Executive Director Madeline Cavalieri participated in an informational
hearing held in Sacramento by Assembly Select Committee on Regulatory Authority entitled
Regulatory Impacts on Housing Availability and Affordability.
Madeline, along with representatives from several other state agencies, provided a panel
discussion on the successes and challenges in promoting housing
development and affordability through their respective regulatory programs. In
her comments Madeline highlighted a number of the Commission's efforts to
promote housing, particularly affordable housing, in the coastal zone through its
planning and regulatory functions. Also represented on the panel was the
Department of Housing and Community Development who spoke about the highly
productive coordination with the Coastal Commission in advancing housing
production in the coastal zone.
And now, if I could bring up my PowerPoint if that's possible.
I just have a couple of items to show pictures for.
And we did get your updated PowerPoint.
Awesome.
Thank you.
Thank you, thank you.
Kind of slid it in there at the last minute.
In part, because this is what I wanted to show you all.
So yesterday, several staff had a chance
to join Caltrans staff for a site tour
of the San Diego Coronado Bridge.
It was an incredible opportunity
to see the inner workings of a massive engineering structure
while also providing, as you can see here,
some of the most breathtaking views of San Diego Bay
that I've ever experienced.
So Caltrans is working on a few projects,
including most importantly, a suicide barrier
that will be coming in front of the commission
sometime next year.
So it was a great chance to talk about those projects
understand the process Caltranes has been going through on environmental
review. So a huge thank you to Commissioner Williams for organizing the
tour. It really was quite spectacular as you can see. And yeah we look forward to
hearing more on those items in the future. So next I have and we can just
keep this slide up for a minute. We can all enjoy these views while I go
through a few other items. On November 6th, 2025, let's public education staff
led a webinar for prospective whale tail grant applicants to walk through the
application process, and 237 people attended that webinar, which is pretty
impressive. You can find the webinar recording, presentation slides, and script,
as well as the grant guidelines and application materials on the whale tail
grants web page. The application deadline for whale tail grants is December 15th
at 8 p.m. California time.
On December 2nd, staff presented a webinar
on King Tides and the California King Tides Project,
including tips for how to make a good King Tide photo.
This season's King Tides were last weekend,
December 4th through 6th,
and the next one will be January 2nd and 3rd.
You can learn how to participate,
find out about dozens of local community events
being held around the state on King Tides
and on the King Tides project webpage.
In November, the Coastal Commission's
California Boating Clean and Green Program
partnered with several local and state government partners
to collect expired marine flares
and educate residents about marine flare management safety,
including the advantages of reusable distress signals
to protect California communities
and the local environments.
With 70% of the site's reporting,
500 participants disposed of 8,300 expired marine flares,
which is approximately 4,600 pounds at these events.
So very impressive, and thanks to our Boating Clean and Green
Program.
On December 4, that same program
led an educational virtual meeting
with topics including the Golden Muscle, Marine Mammal Care,
and the Marine Mammal Center, the required California Boater
Card, and the Doc Walker Environmental Education
Program.
I would also like to encourage you all
to check out the latest Doc Side podcast episode, where
we dive into the world's largest marine mammal hospital,
the Marine Mammal Center.
You can learn about its mission, rescued species, common
injuries, and how you can help report animals in distress.
This is a podcast produced by the California State Parks and
the Coastal Commission, and you can find links on our website.
Finally, for public ed, the 26th annual California Ocean and
Coastal Amateur Photography Contest winners were announced
in early November.
You can view the winning and honorable mention photos on the
contest web page at our website.
An exhibit comprised of previous winning photos
is currently being hosted at Seoul Treasures Gallery
in King City through the end of January.
And now a few announcements from our environmental justice
program.
First, on November 3 and 4, our EJ unit and statewide planning
unit hosted two webinars to support
the implementation of the commission's updated sea level
rise policy guidance.
Each session drew over 50 participants,
including local governments and members
the public. The webinar is focused on the local coastal program and coastal development permit
process and how to incorporate the needs of communities historically excluded from decision
making and disproportionately impacted by environmental hazards when planning for sea
level rise. As a reminder, the updated guidance is available on the Commission's website.
And we are pleased to share that the Commission's EJ unit has published its 2024 year in review.
The report highlights the ongoing integration of the principles of environmental justice
throughout the Commission's work, ensuring that efforts to protect and enhance the coast are done
equitably and with consideration for all communities. The full report is now available
on the Environmental Justice webpage of our website. Next, as you all know, 2026 will mark
the 50th anniversary of the passage of the Coastal Act. So, first of all, we want you to be very
excited about this. This is going to be a very exciting year for the Commission
and we are working on a variety of events, actions, and materials to
celebrate this important milestone. My hope Commissioner Escalante, to your
earlier point, is to flood the zone. These, some of that I wanted to highlight for
you just a high level on some of the things that we've been working on, or
will, and will continue to work on throughout next year. So these include a
website overhaul, a social media campaign highlighting public access wins,
coastal community storytelling and educational materials explaining the
Coastal Act and why it matters, working on a CNRA speaker series with Natural
Resource Secretary Wade Crowfoot, we're working on an event for California
Oceans Day and hopefully a 50th anniversary beach celebration. We will
share details on each of these items early next year. In addition to these I
I wanted to give you a sneak preview of the special commemorative logo that we've developed
in-house.
So, next slide, please.
So we have both a banner and a block design for different applications and venues, and
merch.
There will be merch opportunities, I promise.
And if you go to the next slide, we can see sort of the block design.
I'm sorry, the banner design.
So we're going to be putting this out here.
And I think our team, who this is not our area of expertise,
of course, logo design, have learned a lot about what
goes into logo design and some of both the challenges
and font types and all kinds of things.
So a huge thank you to my team that busted this out.
And I'm really excited to be able to, again,
flood the zone with with all this excitement for next year. And because
protecting and maximizing public access is at the heart and soul of our mission
our public access manager Linda Lachlan is here to tell you a little bit about
the first initiative we plan to launch in the coming year. Linda. Great thanks
Kate. Okay so I'm here to give you a preview of the public access campaign
we're rolling out in 2026 that's just next month. This new campaign will
future Coastal Commission public access accomplishments over the decades using
short videos that will be posted on social media sites such as Instagram. At
each Commission meeting we'll be telling the story of a specific public access
way from the region we're meeting in. The campaign is intended to highlight the
many ways the Commission has protected, enhanced, and provided public access to
and along our coast for the last 50 years, and to inspire Californians to get
out and enjoy our coast. At the end of this short presentation we'll show you
the first video. Today we're taking an early start on this project with the
story of a public access way located just north of here in the city of
Coronado which was required as a condition of an approval of a coastal
development permit back in 1981. Next slide please. I'm not sure that's what we
were looking for. But we do congratulate... That comes next. It's a picture of a
park. I thought it was included but if it's not we can keep rolling forward
because we do have that video coming. What we're celebrating is the Centennial
Park which is an extremely popular park look that few people and know the
history behind this is a multi-acre park overlooking Coronado Bayfront with
beaches ADA access ways and grassy areas from which to enjoy the world-class
views of San Diego. Beginning in 1986, this property was used as the
Coronado Ferry Terminal connecting the cities of San Diego and Coronado. That
changed in 1969 when the San Diego Coronado Bridge, which you were just
looking at the pictures of, was constructed,
and the ferry landing was relocated.
The property then sat vacant for the next 12 years
until a developer proposed to reuse the eight-acre site
for a large-scale condominium development.
The city permit was appealed to the Coastal Commission
based on the removal of four tory pine trees.
The Commission also considered the need
to provide public access opportunities
as well as low- and moderate-income housing.
The Commission approved the proposed condominium project requiring the public park, which was
developed by the City of Coronado, a continuous paved ADA accessible public walkway around
it and a free 66-space public parking lot.
To comply with the original Coastal Act requirement to protect and provide affordable housing,
the Commission also required that 15% of the units be reserved for below market rate rental
housing. While those restrictions expire in 2040, they have provided a rare opportunity
for affordable rental housing and Coronado for many decades.
Next up, I want to introduce our volunteer intern, Julianne Lilly, who's recently graduated
from the University of Oregon with a degree in advertising. She's worked out of the San
Diego office, generously donating her time and expertise over the last four months to
to not only create videos of many public access ways,
which you will be seeing in the coming months,
over the last four months,
but she's also worked with our 50th anniversary
planning team staff, which include, among others,
Joshua Smith, Javier Padilla, Andy Frankel,
and Sarah Christine.
Today, Julianne will present a short social media video
about Centennial Park as a preview to the videos
we'll be showing throughout 2026.
I want to acknowledge how much we value the work Julianna
has done for us, and in her very short time.
Friday is her last day, and we expect
that she will go on to do great work whatever field she chooses.
So thank you, Julianna.
And now I want to hand the presentation over to you.
Thank you.
Thank you, Linda.
Hi, everyone.
So as Linda said, we've been working
on a social media video series highlighting public access
ways here in California.
These videos will be posted across social media platforms
such as Instagram and YouTube.
It's been really great working with Linda Loughlin,
Joshua Smith and the rest of the staff
to help promote the agency's mission
and help bring this vision to life.
So here we're gonna show a preview
of one of the social media videos,
which is of Centennial Park here in Coronado.
So you can play the video.
Want the best views of the San Diego skyline?
Head over to Centennial Park in Coronado.
The park is located at the end of the city's main street Orange Avenue and offers breathtaking
views of the bay in downtown San Diego.
Here, you can read about the historic Coronado ferry boat terminal and how Centennial Park
was named, or learn about how the region was designated the birthplace of naval aviation.
This park offers lots of benches, plenty of wide-open grassy lawns, and it's ADA accessible.
To the southeast, you'll see views of the Coronado Bridge and a paved path that will
take you to a small sandy beach.
The path doesn't end there though.
It turns into the Bayshore Bikeway, a 24-mile loop that circles San Diego Bay.
If you head northwest, you'll also find a beach.
Nearby, you can rent kayaks and stand-up paddleboards, and there are lots of shops and restaurants
to explore.
There's a public parking lot off First Street and Orange Avenue with direct access to the
Beach open from 5 a.m. to 11 p.m. even on weekends. There's also plenty of free
street parking along Orange Avenue. Thanks to the California Coastal Act and
California Coastal Commission, views like this stay free and open to the public.
Check it out next time you're in the Crown City. Well yeah so look forward to
those on your social medias in the upcoming year. Thank you. Thanks Linda and
thanks Julianne. We definitely appreciate all the work we're doing. I was telling
Julianne later we need to get all these young people in here so that we get our
social media game going. So much appreciated. So I just have kind of two
more final items a couple of staff updates to share. So first the
Commission has been fortunate to host Amina Kribish as our most recent
headquarters enforcement legal intern. Amina has also been awarded the
Diversity and Inclusion Fellowship by the California Lawyers Foundation and
in the environmental law section.
This fellowship program is designed
to foster diversity in environmental law,
enabling students from diverse backgrounds
to break into the environmental law field
and build lasting careers.
So kudos to Amina on that fellowship.
And last but not least,
it is both a dreaded and joyous hour
for me to announce the retirement of our beloved Vanessa.
And if we could, there, thank you.
So as you are all well aware, Vanessa has long been the glue that keeps our commission
hearings together.
On the planning side, Vanessa makes sure we have meeting locations booked, hotel rooms
booked and food to fuel our work.
She is the person who keeps our minutes and ensures an accurate accounting of every commission
action.
She's also somewhat of an informal commission historian due in part to her incredible memory.
She always seems to have ready answers for all of my random questions about commissioners
and commission hearings past.
Like, when was the last time we were in this room?
I ask that question all the time and she always knows.
Or who is that commissioner that said that thing at that hearing back in the late aughts?
She is also a bit of a secret political whiz,
including quietly determining who sits next to who
at each monthly meeting.
For me personally, she has been a consistent and steady force
at each and every meeting, exuding calm and control
in the moments I needed it most.
She is also a cherished colleague in the San Francisco
office, known for her amazing stories about her childhood,
her big incredible family, and the teller
of many of the commission staff, Old East Book Goodies.
She's also a prolific crocheter who
has saved many a Coastal Commission staff group crochet
project with her speedy stitching.
But most important, Vanessa has an enormous heart.
She has taken care of all of us in one way or another.
And for that, we are all very grateful.
And Vanessa, it is your big heart
that I will miss the most.
that, and your quiet wisecracks.
Commission meetings just really won't be the same without you.
So commission staff will be celebrating Vanessa
next week in San Francisco.
But today, it is my privilege to present a proclamation for you
on the occasion of your retirement.
So we'll have the official version for you next week.
But if it's OK with you, I thought I would read it.
You can look at the bigger version for my eyes.
OK.
So a proclamation honoring Vanessa Miller on the occasion of her retirement.
Whereas, Vanessa began her distinguished career with the state of California as an office
assistant for the Coastal Commission on July 15th, 1993.
And whereas, Vanessa continued to serve with the California Coastal Commission for more
than 32 years as an essential member of the Commission's executive unit, helping our agency
achieve its goal of protecting the coast for all and working her way up to office technician,
executive secretary one, executive secretary two, and to our esteemed hearing manager as
an associate governmental program analyst, and whereas Vanessa came to be relied upon
by the commissioners and her fellow commission employees as part of the very foundation of
the commission's public hearings and was responsible for their smooth operation, and whereas she
She served as the commission's sensational in-house vocalist
at countless gatherings and holiday celebrations,
was a founding member of the commission craft circle,
and is one of the most prolific crocheters
the commission has ever seen.
And whereas, throughout her distinguished career,
Vanessa was known for her engaging presence
and no-nonsense approach, her humor and her storytelling,
and for the deep care she bestows
on the people around her.
And whereas, to her fellow employees,
She became more than a coworker,
but a well-beloved member of our commission family.
And whereas, Vanessa retires on December 31st, 2025
after 32 commendable years of service
to the state of California.
Now, therefore be it resolved
that the California Coastal Commission
extends its deepest gratitude and appreciation to Vanessa
for her decades of exemplary service
and wishes for her a happy and healthy fulfilling retirement
with family, sporting events, music, crafting, and trips to enjoy the
California coast and ocean that she has worked so hard to protect.
So Madam Chair, that concludes my executive director's report and I'm
happy to answer any questions you may have. Okay, thank you. Before I turn it
over to my fellow commissioners, I know we'll have a lot to say. Are there any
public comments? We have no public comments. Okay, commissioners, comments,
Vice Chair Hart will start with you. Thanks so much this is really I mean I
when Kate first started I have to admit I booed I'm sorry Vanessa I'm just going
to miss you so much I just can't even under contemplate the meetings without
you but saying that I'm so happy for you because knowing you for these years and
and all of your passions, which I think have been reviewed.
I frankly was not aware of the crocheting one.
Somehow, I don't know how I missed that,
but certainly your incredible voice, the joy I found
in hearing you sing as part of our incredible band, AGP,
superstars.
But I just thank you so much.
Your heart is bigger than anything,
and you are going to have such a great time in your retirement.
I'm so happy for you.
If you wouldn't mind just sending us a few photos occasionally
accompanied by singing, that would be great.
But thank you so much for everything, Vanessa.
You've just meant the world to us.
Really, I'm so appreciative of you, and wish you all the best.
Thank you, Chair.
Commissioner Wilson.
Keeping it very short.
I am a very big appreciator of the eye roll.
And when done well and with such skill and finesse,
and the message can be heard around the world,
thank you so much, really.
And on a serious note, Vanessa has been a big help to me
personally on this commission.
I want to thank her because, you know, my intro into it was a little bumpy.
And but she has been very just she helps all the commissioners.
And I want to say, especially those who are kind of blindly bumping into walls
and things like that, I just want to be really, I'm just.
Heartfelt, thank you, if that's going to be really missed.
And yeah, it's just been wonderful having her here.
Commissioner Escalante.
Thank you, Madam Chair.
And I'll start.
I have a couple of comments about some of the things
from the report.
But first, with Vanessa, and you know I'm really bad at this,
so I'm going to try to keep myself under control.
I don't know.
Sometimes people with kind hearts like yours,
I just immediately indemnify you.
And I've been feeling like you're abandoning me, mother.
Commissioning, commission mother, mother.
So it's going to be really hard, not just obviously for me,
but for all of these people that have depended on you,
for your consistency, and your support, and your love,
and also your discipline.
Also, your effectiveness.
I mean, the things that we take for granted at every meeting,
I know that you're a big part of making things happen.
And I know that I'm always the bad student.
So I meet the deadlines, and I'm just giving her more work.
So I really do appreciate how kind and how loving
you've always been and patient with us.
And it's OK.
You can go have fun, and you can go relax.
But maybe you need to bring back some
that Vanessa love every once in a while for us,
because it's going to be hard.
It's going to be hard for us to change.
And you've been a big part of the spirit of this organization.
And I just can't take it away.
Just like, you know, all at once.
So please, please, just stay.
I won't be chasing you down with my expenses,
but I will want some hugs every once in a while.
So we'll miss you, Vanessa, so, so much.
And I wish you and your family just the most joy
from this point forward.
And very excited to see that EJ report.
That's really great.
I think that during this tenure, during my commission tenure,
I have been able to sort of write the evolution of our EJ
policy and all of this work.
And I'm just always very impressed and very proud
of what we do and how we're doing that.
I think it's setting an incredible example.
And it is leading by example.
So I, and lastly, for the California 50th,
for the Coastal Act 50th.
Love that.
That's beautiful.
Congrats, everybody.
That logo is wonderful.
can't wait to be part of as much of the celebration
as possible, and again, hope, and all this media stuff
that we're doing is phenomenal.
Our Instagram is great, Gage.
I can see the youthfulness.
I can see the energy doing great work.
And I look forward to seeing all of the stuff
that you guys have planned for next year.
And happy to, again, be supportive in any way I can
to expand our message.
So I'm proud of this commission.
Good job, guys.
Go ahead, Commissioner Kelly.
Thank you.
I'll just be brief in my remarks and say
that I want to align myself with the comments of my colleagues
and just share that in the onboarding process
and joining the commission, Vanessa
played such an instrumental role.
And I know we've had a number of new folks
join the commission this year.
So truly, I know that I wasn't the only one
that you were dedicating time and energy
to to make sure that we were getting up to speed
and truly your decades of service to this state
and to this commission are so remarkable.
There are very few people who I think, you know,
really embody the spirit of what we do,
but also in all of the multifaceted ways
that you, Vanessa, have made so many things possible
for this commission and our state.
So thank you.
To the director's report,
obviously you guys have been very busy.
There is a lot going on this year
and jumping right into next year,
we have some really exciting things
to look forward to ahead, including the 50 year anniversary.
I wanted to thank our social media launch and team
from University of Oregon, Go Ducks,
and also say that really I think that the more we
can continue to talk about the work we do, it's so hard,
because as soon as you finish one project,
everyone's just right on to the next,
but the more that we can talk about the work we've
done in the past, as well as what we're doing into the future,
the more we can continue to remind
the residents in California, as well as our policymakers,
that this work is critically important
and that this commission and department
deserves so much recognition and support
for what we continue to do every day.
And great to see the bridge tour.
I was sorry to miss it, but it looks like you all
got to see one of the really incredible pieces
of engineering in this region.
And thank you to Commissioner Williams
for making that possible for our team.
And yes, there were a number of different items
that I look forward to kind of hearing more about
as we move through today's meeting
and then into the next year ahead.
So thank you.
Commissioner Jackson.
Thank you, Madam Chair.
I'll start with the director's report first.
Super, super excited about the push
for the anniversary next year.
I kind of geek out over this stuff.
And as a relative newcomer,
I've not only consumed the Kool-Aid, I am a guzzler.
So I am a big fan, obviously, of this mission
and what everybody does, not only the commission,
but all the great organizations out there
working hard to protect our coastline.
So to the extent we can help push this message.
I would like, you know, I think about these things
sometimes a little too much, but I would love to see,
and I know Josh and I have talked about this,
a five to 10 minute video-ish that's very kid focused.
And to the extent that we can within our individual circles
and through all the other organizations,
get this into the schools and the school districts,
because the majority of folks have no idea
why we have this breathtaking coastline that we do.
And if we can, as part of 50th anniversary,
spread that message, particularly with the schools,
and that of course will percolate up to the parents
and everything else, I think that would be great.
So love to see it.
Super excited to see some young people doing
the social media stuff, because old folks like me, boomers,
as my colleague likes to call me,
are still trying to figure this out.
And then Vanessa, again, as a relative new guy here,
I can't thank you enough for trying
to get me on the right path.
You're hurting 12 cats, 13, 14 cats,
depending on the number of commissioners we have.
And I know how challenging that can be.
I appreciate the occasional eye roll.
I appreciate the no-nonsense nudge
that I certainly need from time to time.
And it has been an absolute pleasure,
and thank you for helping me understand behind the scenes
all the work that you do.
I got here a little earlier yesterday,
and just an example of what she's doing.
She was on the chair out front,
figuring out what we're gonna have for lunch
because we know we're gonna be working through lunch today.
And that's just a behind the scenes.
It's a small piece of the many things that you do
to keep this train on the tracks and moving.
So thank you.
It's been an absolute pleasure.
And hopefully we can hear your melodious voice
over the next day or two.
So thank you.
Commissioner Presciado.
I want to join my colleagues in sending you
good wishes, Vanessa, on your retirement.
The executive director led the introduction
of your important new role that you'll have as a retiree.
But she mentioned a legal assistant or a legal intern
that is in place or is receiving support
so that we can deepen and strengthen the diversity
of contributors to great organizations
like the Coastal Commission.
And in that context,
I think that we need to also think about,
in your role, I see you as our city clerk
or our county clerk or our commission clerk.
And, you know, that is a very heady role
in all of our organizations that we're a part of.
And I think creating opportunities
for individuals like yourself
to have meaningful roles is critical.
And, you know, as Calante was able to hold back,
but you are part of a California that we all want.
You're part of the California we all want to see everywhere.
You're diverse, you're important, you're dignified.
And by the way, I think my eye roll game
needs to be improved because you left me behind.
but as someone who is very expressive with eye rolls,
we'll hold the line.
We have not known each other so long I joined in May,
but I've been with my organization for 30 years.
I know exactly what you represent.
Thank you for your service.
Commissioner Eckerly.
I don't know if I wanna follow that.
I will be very brief, Vanessa, thank you so much for your years of service, thank you
for taking care of us, thank you for letting me into your life just a little bit and for
caring about mine, we are going to miss you deeply.
Me too, and I think we both, I became a grandmother for the first time when you had another grandchild
So that was really fun to share.
And I hope I can continue to see the progress
that your little one makes, and I'll
continue to share my little one's growth, too.
So you're going to really enjoy this next step in your life,
but it will be hard without you.
Thank you.
Thanks for everyone speaking up.
Vanessa, thank you for your service.
We really appreciate it.
I think something that has been a little understated
that Kate mentioned is sort of like your political genius
and savvy, I found out pretty early
that you were the one who sat people next to people.
And I don't think people understand
how actually important and influential that is.
And so thank you, especially for that service.
Appreciate it.
Ms. Shelly.
And I'll just add on very quickly.
As the newest member, we really haven't worked together
for so long.
But you are the front door to this commission.
You set the tone and the expectation for all of us.
And it is abundantly clear, in such a short time,
just the command and the respect that everyone gives to you,
and just all of the dignity and, I don't want to call it
strictness, but the protocol that you bring to this role.
So I thank you and a heartfelt congratulations
on this next step.
It is an enormously new and exciting chapter.
So congratulations.
Commissioner Williams.
Just want to just thank you, Vanessa, for your service.
And you are the absolute best.
And we're going to miss you.
And I echo everything that my colleagues have also said.
So I'll just leave it there.
Thank you.
Thank you.
OK, I'm not going to subject you to listen to this voice
too much.
It's not nowhere near as melodious as yours.
But I just I join with all of my colleagues.
And I think I just have to say, I simply cannot imagine
what it's going to be like without you.
And I think you're hearing that from all of us.
And I walked in this morning and said, I'm so sad.
Are you sad?
And she said, absolutely not.
But if only I had captured that on film,
it was like, could not be more perfect.
And I'm so excited for you and so grateful
for the years that I have been with you
and all the years before as a Californian.
Thank you.
I'm gonna suggest that we all take a much needed break.
Gather ourselves.
If you could all be back in 10 minutes, please.
Thank you.
Thank you.
Okay, we will return from our break
and that brings us to item 60, the strategic plan.
If I could ask you all to please have a seat.
Thank you.
Director Hoecklebritsch.
Yes, thank you, Chair Herman.
That brings us to item 60.
And this is for the California Coastal Commission's
strategic plan.
We could pull up my presentation when you all have a second.
I would appreciate it.
So as you all recall, we presented the draft strategic
plan for 2026 to 2030 back in October.
At that hearing, as well as in written comments submitted
before and after the hearing, we received significant
and valuable feedback from commissioners,
from government and community partners,
from members of the public, and from staff.
So first off, I wanna thank everybody
who took the time to provide comments.
We appreciate the thought and consideration
that went into the feedback we received.
We considered every single comment that came before us.
And so today, the bulk of my presentation
will provide an overview of the comments we received,
as well as describe some of the changes we made in response to those comments.
Next slide, please.
Again, just to ground us in our agency's mission, the Commission is committed to protecting
and enhancing California's coast and ocean for present and future generations.
It does so through careful planning and regulation of environmentally sustainable development,
rigorous use of science, strong public participation, education, and effective intergovernmental
coordination.
So this mission and the Chapter 3 policies of the Coastal Act serve as the North Star
for the work of the Commission.
And the purpose of this strategic plan is to help the Commission meet today's moment
with the unique set of challenges we have in front of us.
So this strategic plan will serve as a roadmap to guide the Commission over the next five
years in our work of protecting public access and coastal resources for generations to come.
Next slide, please.
As a reminder, the draft strategy consists of five goals.
Each goal includes objectives and specific actions to achieve those objectives, and the
five goals are not meant to be inclusive of all of the Commission's work and responsibilities,
but instead they represent areas of focus for the Commission for the next five years.
I'll go through each of the goals again, but just as a high level, goal one is ensure access
for all, goal two, plan for resilient communities, goal three, improve external communication
and engagement, goal four, protect coastal resources, and goal five, build and maintain
a resilient organization.
Next slide, please.
So now I'm going to delve into some of the comments received and changes made.
And just as a warning, there are a lot of words on these slides.
I will try to go through them.
I might skip around a little bit in the interest of time, but the intent here is to kind of
serve...
I just wanted to give you a sense, too, of the scope of comments we receive.
We got a lot of comments, really good comments
on our strategic plan.
And so, as opposed to focusing on each one individually,
it was sort of, I wanted to put everything in there
to give you a sense of sort of the scale.
So for goal one, we received,
and you'll see this on all the slides,
almost for every goal, we have some general support comments,
which we really appreciate.
Hey, we like, you know, we like what you're doing
over here and here.
So we noted those on here, and that's above the line.
more actionable comments are sort of below the blue line you'll see and we
kept that format in all the slides. So we've received some general support
comments on equitable access and access for all lower-cost visitors serving
uses. And then we received a number of comments including requests to
recognize local constraints to planning for lower-cost accommodations, providing
materials for local governments on eliminating barriers to coastal access,
growing our whale tail grant program and recognizing workforce housing is
essential to maintaining visitor serving uses and again I'm going to skip around
I'm not going to go through each one just a high level. Next slide please. So
for goal one we made several clarifications and changes. First was to
provide additional emphasis on increasing the supply of new lower cost
overnight accommodations, increasing affordable housing opportunities for the
coastal workforce, fostering a welcome beach environment for all people. We also
added some language to recognize tribal ecological resources in addition to
tribal cultural resources, expand lists of partnerships to recognize all of our
partners, which includes other government agencies, ports, community
organizations, and others, and then a modification to seek to grow our
Commission's enforcement team. Next slide please. For goal two, plan for resilient
communities. Again, several support general support comments of existing
objectives and actions we had and then some actionable comments including
requests to identify approaches and funding for community scale adaptation
assessing vulnerability of public lands and developing adaptation strategies
reducing barriers for infill development. Next slide please. So in response to
some of these comments we broadened the overall goal to include climate
resiliency planning for other types of infrastructure, if you'll remember previously one of the objectives was kind of focused on transportation and so we broadened it.
And we provided several clarifications and minor language additions to recognize additional climate impacts such as fire hazards, climate migration,
provide specific examples of innovative adaptation strategies, including nature-based adaptation strategies, voluntary property buyout programs and managed retreat opportunities,
and expanding our list of planning partners again.
Also emphasizing support for infill development
as a climate smart strategy.
And then finally, we included language
to coordinate with partners
to identify feasible regulatory pathways
that encourage nature-based adaptation strategies.
All right, next slide please.
For goal three, improve external engagement
and communication against several support comments.
And then we also received comments
to encouraging use of digital platforms for outreach,
emphasizing the importance of partnerships with experts,
academic institutions, and others
to understand and build upon best available science
and request to update materials
for a better user experience for the public
to engage in the commission process.
The most significant comments related to this goal
were provided by some of our tribal partners
with several suggestions for strengthening language
and the strategic plan around tribal resources
and partnerships and improving engagement
with tribes on resilience planning.
Next slide, please.
So similarly, the majority of the changes to goal three
were intended to address comments
related to the objective three, which
is fostering stronger relationships
with Native American tribes.
So this includes providing clarifications
to acknowledge living cultural landscapes, ancestral waters,
and tribal ecological resources, emphasizing
that stewardship of broader tribal resources
should be planned in coordination
with local tribal communities, and recognizing
Tribal Sovereignty and Sovereign Partnerships. We also added an
additional action to Objective 3 to improve engagement with tribes on LCP
updates and climate resiliency planning efforts. Next slide please. So goal four
is to protect coastal resources and comments again in addition to the
general support comments included requests to provide streamlined
processes for cutting green tape projects, focused attention on coastal
water quality issues and addressing sustainable fisheries aquaculture and
related working waterfront issues. Next slide please. To address these comments
we made several changes. First was expanding objective one to include
sensitive resources in addition to just coastal wetlands, adding an
additional action under objective two to encourage sustainable and resilient
fisheries aquaculture and supporting infrastructure and uses in California's
working waterfronts. Also adding additional action under objective three
to highlight the protection of water quality and aquatic habitats related to
agriculture and other land use practices and expanding the action in
action to evaluate sea level rise vulnerability of open space lands and
include other climate impacts and explicitly include development of
adaptation strategies in that action. Next slide please. For goal five, build
to maintain a resilient organization. The main comment we received here was to
requesting that we seek funding to build a condition compliance monitoring and
enforcement program. Next slide please. For this goal we made pretty minor
adjustments here and the condition compliance comment was actually
addressed already in goal one so we have that included and we didn't add an
additional action to objective one to increase and support Commission
opportunities for internships, fellowships, and partnerships
with academic institutions and other partners.
Next slide, please.
So in addition to the goal-specific comments,
we did receive a number of general comments
about the commission's work and strategic priorities.
These included requests for special consideration
of various land uses and industry,
requests related to specific projects or locations,
general regulatory streamlining opportunities,
consideration of local restraints and planning and general information provided by institutions
and some local governments about their programs and tools and how they may be useful to the
Commission.
So most of these general comments were not appropriate to include in this type of high
level strategic vision.
However, they provided really important insight into both opportunities and concerns that
many of our commenters and communities are thinking about and want us to be thinking
about as well.
So we did absorb those comments further several of the more specific comments while not included
in this document will be incredibly useful as we start to develop some of the analyses and
guidance documents that are called for in the strategic plan and we do kind of drill down to
the more specific industries and things of that nature. So again I want to thank our partner
agencies and organizations as well as members of the public for taking the time to read our
strategic plan and for providing such thorough and insightful comments on the
plan itself. Next slide. So with that I would recommend that the Commission
adopt the strategic plan for 2026 to 2030 with revisions incorporated as
described in the staff report as and I have just walked through today and the
motion and resolution can be found on page three of the staff report and I'm
here to answer any questions. Okay wonderful thank you so much director
Are there any public comments on this?
Yes, we have three speakers.
First, we have in-person Mitch Silverstein and then on Zoom, Zoe Collins and Olivia Munoz.
Mitch Silverstein.
Honorable commissioners, Mitch Silverstein, California policy senior coordinator for Surfrider
Foundation.
On behalf of Surfrider, I'd like to offer our support for this five-year strategic plan
and thank Commission staff for putting together such an ambitious and well-thought-out vision.
While it does take work to read a draft plan and provide constructive comments and suggestions,
it's a much heavier lift to draft a visionary strategic plan
in the first place.
That being said, I'm really appreciative
of how receptive commission staff was to our comments
as well as those of many of our coastal advocate allies.
While not all of cert fighter suggestions were incorporated,
I think some of the most important ones were.
These include adding actions to further prioritize
affordable access, recreation and overnight accommodations,
specifically supporting access and recreation
that is inclusive and fosters a welcoming beach environment
for all people.
For example, commission staff's already doing this,
they really showed up for SERP equity groups in San Diego
when they were under attack from the mayor's office
regarding state law exemptions from local permitting.
The letters sent by the commission,
San Diego Coast District Office, the EJ program,
really helped and it's been a totally turned the tide
and I believe things are going a lot better now.
We also appreciate modified language
to encourage an increase in the supply
of lower cost overnight accommodations
in addition to promoting them.
For example, the beach camping we have here
San Diego County is pretty much already maxed out in popularity so we need to
increase the supply as well and State Parks is doing a great job working to
add campsites at Silver Strand State Beach right up the road where right now
for camping you need to have an RV and that's not equitable for all people.
Lastly, staff updated action 2.3.4 to call out specific sea level rise
adaptation strategies including nature-based adaptation, voluntary
property buyout programs and managed retreat opportunities. The time is now to
to prioritize innovative strategies for manage retreat and the voluntary buyout programs
that saving our beaches will necessitate in areas where private property fronts the coast.
That may not happen in the next five years, but as sea level rise threatens these properties
more, I think property owners are actually going to start coming to the table.
So whatever we can do as a community and the commission community to kind of get those
things ready, it's really going to help.
So I hope you vote to adopt this strategic plan as well as commit to its realization
over the next five years.
Thank you.
Thank you. Zoe Collins. Good morning honorable commissioners and thank you so much for the
opportunity to comment today. My name is Zoe Collins and I'm representing Hilda Bay, an
environmental nonprofit advocating for the coastal waters and watersheds of Greater Los Angeles.
I'd like to comment today in strong support of the strategic plan which thoughtfully integrated
Hilda Bay's feedback outlined in detail in our comment letter to the Commission which was submitted
on November 10th. Our primary feedback noted the initial lack of targets regarding managed retreat,
water quality and aquaculture guidance in the first draft. These concerns were addressed and
integrated into new revised targets and we commend the Commission's effort to align these statewide
priorities with the concerns of local stakeholders. We're happy to offer a full support of the plan
and look forward to continued collaborations with the Coastal Commission to achieve the
objectives outlined in this plan to protect our cherished coastlines. Thank you very much.
Thank you. Olivia Munoz. Good morning Commissioners and staff. Thank you for the 50 years of
protecting California's coast. I support your comprehensive bold and achievable 2026-2030
strategic plan. My name is Olivia Munoz. I'm a Mohawk and oceanographer, San Fernando Valley
resident in Los Angeles County and an avid postal non-profit volunteer and I'm currently a graduate
student at Scripps Institution of Oceanography. As one who does not live by the beach but works and
plays on it, my voice matters. One major unspoken barrier I see missing in your strategic plans,
Final draft is affordable beach parking which could make reaching your plan goals one, two,
three, four, and five easier. You need to make it easier and more affordable for the public to get
to the coast and park there, not just to live but to visit and work as well. Currently every time I
park in LA County Beach, it costs about $20 on a regular day and when you add in weekends,
the price inflates. Easily that could become $50 a day just driving from inland to get to the beach
without snaps. More affordable parking options would help families, students of all ages,
underrepresented communities, and nonprofit organizations during coastal community science
and outreach remove hidden community access cost barriers. Making this part of your strategic plan
now would help you better achieve all your goals. I suggest adding an action item of sponsoring or
creating a beach parking pass through local libraries like the California State Parks did.
Unfortunately, those parking passes do not include any LA County beaches and I'm sure other county
beaches throughout the state. Can you please start a pilot program, pilot beach parking access program
for all in Los Angeles and then roll out to the rest of the state. In that same lens of access and
planning, can you also please have at least four regional in-line coastal commission meetings and
not just one a year. Thank you and here's to another 50 great years. Thank you, no more speakers.
Okay, thank you very much Chris. Now I will return to the Commission for any comments, questions.
Commissioner Wilson. Well I just want to reference the last comment around parking and
just to remind folks that, that when we talk about parking, oftentimes there's a very strong pushback
in relation to housing and the tie between those two things.
And so, and it's at the state level and at local level,
so I wanna just recognize the tension of that
and recognize that while being pro-housing and pro-access
that we often get accused as an organization
of being anti-housing when the subject of parking comes up
And as a person who advocates very strongly for housing,
I sort of lean more in the housing zone,
but I want to recognize that tension that really exists.
Second, I made some comments on this strategic plan,
and I feel heard.
They were reflected in there,
and I really thank you so much for that.
And I'm happy to make a motion to get this going.
So, and is that all right, or do you want more comments?
Okay, well then, whenever.
return to you for the motion. Vice Chair Hart. Thanks so much I want to focus on
the public participation part of the strategic plan and I was just thinking
first of all I want to acknowledge the incredible amount of work and what a great
plan it is so thank you so much for everything I can't imagine how much time
and effort went into it. So one of the things I've observed over the time that
I've been on the Commission is how much time the public has to sit and wait and
sometimes people get cut off, people in public comment, there can be too much
public comment on a given day and so it just made me think about if there is any
possible way that we could at least give people an indication of how many how
much public comment there is for example as of you know 8 a.m. or maybe the day
before so that people could shift their public comment to a different day
potentially and if there is any possible way you could at least give you know
within an hour time estimates or I really feel like we need to explore that
I just feel so much for the public so grateful to all of them for their
participation it's critical to our process and I just think that we could
do a little bit better on advising people about how how the agenda works and
how long it will be till their item comes up particularly if it's going to
be like after lunch so I know it's really hard and challenging but it would
be great if we could do that. Other than that, oh yeah, one other thing. So I also
think that it would be great to give us commissioners more opportunity to
participate in trainings and potentially site visits, not necessarily as part of
commission meetings because obviously, you know, we're generally too busy and
can't do that, but you know I often hear many of us are, you know, work in the
field and I know for me personally it would be very helpful to have an
opportunity, if possible, especially if it's like a zoom, something on zoom, to
participate to the extent that it's legally appropriate for us to participate.
Thank you. Commissioner Nada. I too feel heard. Thank you for taking, taking into
account comments. I did want to just piggyback on the thing about if there's,
There's, I think I've heard, I've gotten a lot of feedback about public participation
and how it's hard to know when things are going to come up.
And I've been told that there's new software that would, there is software available that
could improve our ability to give people an idea.
So I wonder if that might be something we could look into, because I think it would
improve the quality of the, and also make those participants,
the public feel it'd be easier to participate,
I guess is what I'm trying to say.
And I just think, you know, in 50 years,
this is a great roadmap for the future.
I think, you know, I kind of look at it
as how we're bringing coastal management
into the 21st century, and it's good to see.
So I'm happy to second the motion when Commissioner Wilson makes it.
Commissioner Preciado.
Yes, thank you.
I'm going to offer my remarks in Spanish and then I'm going to translate to English.
I'm trying, I will make a point, I think, with my comments.
Dr. Hocko-Bredge, a research student from the strategic plan is very important for our students.
After the first 10 years of the anniversary of the event,
I think it's important to start with the technologies that have been in place as a result,
the benefits and the intent of the event.
For example, I have a video on social media,
Now I'll translate. Dr. Hucklebridge, my comments are associated with the strategic plan related
community engagement and I took the opportunity of the exhibition of the video that was shared
related to the 50-year anniversary, this video, this social media video, and I'm just wondering
that among the many languages, language communities that are represented here in California,
that if some of the social media that is going to reintroduce to the public some of our assets,
some of the things that have been created with the work of the commission,
that if they are provided in multiple languages, you'll have the opportunity to reach out to a
broader audience. Now, in many instances, these technologies already have translation or
interpretation structures, but when they do not have such strengths, as an example,
commission not suggesting that the system of the meeting could be improved with the technological
advance. I just wanted to make sure that language access is also considered and that language access
be embedded into our procedures whenever they can be. Thank you very much.
Thank you. Commissioner Scollante, sorry.
I think Madam Chair, and I appreciate Commissioner Precio's comments in his excellent Spanish.
And yeah, absolutely.
I think that, you know, I've been in this commission long enough to have seen also the
evolution of that, of our communications access to community.
So I appreciate the effort of continuing that.
I know that sort of pressures that be want to shift away
from all of that, serving all of our communities
in California.
So that's greatly appreciated and, of course, happy to help.
Although now, I have competition with his Spanish.
And I know that Commissioner Lopez is also
perfectly bilingual.
So congratulations.
The strategic plan looks amazing, great work.
And I just wanted to particularly recognize the fact
that this agency responds to the public.
And I actually really believe that everybody
who's sitting on this side of things,
we drive when there's a lot of representation from the public.
A day like today, having this room full, feeling this energy,
seeing the interest from the press and what we're doing,
I think, that is very encouraging.
And all this comments and all this participation
and integration of your comments into this draft shows how this agency tries to work
that way.
So I think that we're on a great path and I congratulate our staff on our work.
Well done.
Thank you.
Okay.
Commissioner Wolfen.
Great.
I move that the commission adopt the 2026 to 2030 California Coast Commission strategic
plan pursuant to staff recommendation and I recommend a yes vote. Second. Okay
that's a motion by Commissioner Wilson a second by Commissioner Kelly. We all
wanted to second that that's how exciting we are. Would either the maker
of the motion or the seconder like to speak to their motion? Just one thing I
just want to point out the fundamentals of public trust doctrine and the laws
that helped create the Coastal Act.
Some of those came from not just Roman law, English law,
but also fundamentals of California formula
being part of Mexico as well.
And so I think that there's an interesting historical context
about that public trust doctrine
and our connection to that historical context.
And I think Commissioner Preciado
I'm not directly saying that, but it is real.
And I just wanted to reference that.
And with that, I recommend a yes vote.
Mr. Kelly.
Yeah, and I think just along those lines,
but maybe even further in the historic past,
I wanna just mention, I'm really grateful
for the mention and recognition of our work
with the California Native American tribes
and also kind of deepening that work
and making sure that it remains a focus
expanding on not just certain types of resources,
but really in a lot of the planning work and public access
work that we continue to do to continue
to partner with those tribes and deepen those relationships
to come.
Thanks.
Wonderful.
Thank you.
OK.
And as we have one commissioner participating virtually,
we will be taking a roll call vote, please.
Ms. Miller.
Commissioner O'Malley.
Yes.
O'Malley, yes.
Commissioner Escalante.
Yes.
Escalante? Yes. Commissioner Hart? Yes. Hart? Yes. Commissioner Jackson? Aye.
Jackson? Yes. Commissioner Kelly? Yes. Kelly? Yes. Commissioner Lee? Yes.
Lee? Yes.
Commissioner Notoff? Aye. Notoff? Yes.
Commissioner Presiato?
Commissioner Presiato?
Oh, I'm learning how to unmute.
Aye.
Presiato? Yes.
Commissioner Wilson? Yes. Wilson? Yes.
Chair Harmon. Yes, Harmon. Yes, the vote is unanimous. Wonderful. Thank you for this excellent work and the strategic plan is hereby adopted. Thank you. Thank you, Chair. Thank you to the commission. I'm really excited to be going forward into the next five years with this plan.
And just to acknowledge that I definitely take to heart the comments for
Commissioner Hart and not up and presciado I think the comments related to
the software and the different ways to we have we struggle with trying to come
up with timelines and I'm constantly asked when will my item come up and it
is a very I just want to acknowledge how hard that is to determine a time frame
and we'll do our best I have heard of software commissioner not off I think
we've looked into something like that we are looking at upgrading our public
comment portal and think we're building one so there's a there's a potential
nexus to at least explore that and we'll do our best. That said I don't want to
make it sound like we're gonna be able to come down to the minute or anything
close unless commissioners of course are willing to limit themselves to certain
timelines for comments which I would not recommend so just want to acknowledge we
will do our you know we always try we always try to give as much information
as we can, there are ways I think to improve at least transparency on like
where you are in line, for example. So you can look and if there's 50 people
signed up and you're number 42, you can go to the bathroom, something like that.
So we'll do our best to see what we can do on that and Commissioner Preciado
really appreciate your comments on language access especially for our
social media campaigns but in all the materials and that's very the comments
and the suggestions you provide are very in line with two of the actions that we
have in the in the strategic plan. And so I think we are
incredibly excited as staff to explore some of those ideas. I
know Commissioner Escalante has also expressed interest. So we
who knows we may tap you to do some of our social media video
posts in the future to help us with some of the Spanish, not
translation, but doing videos in Spanish, and then maybe
translating them to English. So just want to appreciate those
comments and let you know that we are in full support.
Wonderful. Thank you. And I think, speaking of commissioners going on and on, Commissioner Jackson has just one final thought.
Well, you know, it is we can't help ourselves sometimes and and your point.
Dr. Kate was spot on. I mean, I, if we can crack this nut at the commission level, I'd love for us to figure it out at the local level because
We have hearings that are scheduled to start at 6.30.
They don't start till 7.30, 8 o'clock, 9 o'clock sometimes.
So a lot of it is our own well-intended doing.
And then you just never know.
You never know.
These meetings ebb and flow.
So to the extent we can move things along and prioritize
and give people a better understanding,
and then maybe something we at the local level
can learn from as well, because we are still
trying to figure out how to crack that nut. So thank you for all your efforts.
Okay. Wonder. Oh, commissioner Presiato.
I apologize in, in, in interacting one more time,
but I do want to make sure that it is appreciated that there are other languages
that would benefit or other language communities and members of those
communities who would benefit in particular here in San Diego County.
We have a sizable Arabic-speaking population,
and we have a pan-representation of Asian languages.
And so while Spanish may be proximal to many of us,
I just want to make sure we, as an agency,
think about these other languages
and see if there are Google tools and otherwise that
can support this outreach.
And so I didn't want to leave that stating
As I am Spanish speaking, I do care about the other languages, and I particularly see seniors enjoying many of our natural resources and I want to make sure they have, they are connected to these resources through social media and otherwise. Thank you.
Thank you. It's a very, very good point. Okay. With that, director bridge, we will move on. Please. Great. That brings us. Thank you. Commission.
And that brings us to item 6E,
draft nature-based adaptation strategies guidance,
and I will turn it over to Karen Vu
for the staff presentation.
Karen.
Thanks, Kate.
Good morning commissioners.
Wait, oh, there we go.
Good morning commissioners.
Item W6E is an informational briefing
on the draft nature-based adaptation strategies guidance.
Next slide, please.
So for some background on this work,
this draft guidance is a deliverable
of the five-year project that aims to support
and facilitate implementation
of CLRI's adaptation strategies
and is supported through funding from NOAA.
The Commission's CLRI's policy guidance
details a variety of adaptation options to consider
when planning for CLRI's,
including nature-based adaptation strategies.
This guidance aims to better inform local governments
and project applicants on how to develop
nature-based projects or strategies
that are Coastal Act consistent,
generate natural features contribute to measurable habitat enhancement or restoration and align
with community priorities. As part of this effort, staff have also developed other resources
noted on this slide. This work also aligns with the goals of the updated strategic plan
that you just adopted, including action 2.1.5, which calls for developing guidance on nature-based
adaptation strategies. In the next few slides, I'll give a brief overview of the contents
of the draft guidance. Next slide please. So what is a nature-based adaptation strategy?
These are strategies that capitalize on the natural ability of coastal ecosystems to protect
coastlines from hazards while also providing benefits such as habitat enhancement, recreation
and scenic resource preservation, water quality improvements and carbon sequestration and storage.
Nature-based adaptation strategies are increasingly being recognized as resilient
practices to address Salivari's impacts that can respond to, adjust to, and withstand changing
conditions while minimizing disruptions to communities and natural resources. I will note
that many agencies and other stakeholders have various definitions of nature-based adaptation.
The draft guidance describes several related terms that reflect contacts relevant to the
Coastal Commission and the California coast and is intended to encompass a variety of synonymous
terms like living shorelines and green infrastructure. Next slide please. Taken
together, the draft guidance lays out a framework for coastal commission support for nature-based
adaptation strategies as key options for supporting coastal resilience. Importantly,
the guidance includes a set of guiding principles shown here. These are intended to inform the
commission's policy direction and recommendations for nature-based adaptation strategies.
These guiding principles state the commission's recognition of and support for nature-based
adaptation strategies as a potentially more resilient adaptation option. That nature-based
adaptation strategies can be supportive of many coastal act goals. The Commission's
commitment to coordinating on these projects and encouragement for local governments to plan for
nature-based adaptation strategies. The draft guidance also includes a summary of how various
federal agencies are supporting nature-based adaptation strategies and state initiatives to
prioritize these projects. Next slide please. Section four of the guidance includes substantive
information on how local governments and project applicants can think about nature-based adaptation
strategies through a coastal act context. This section provides information on commission
permitting pathways applicable to nature-based projects considering the components of the project
such as cost or the potential for adverse impacts to coastal resources. Section four also includes
information on how LCPs can better support the planning of nature-based adaptation strategies
and encourages local governments to prioritize and implement these strategies whenever feasible,
including through the development of LCP policies that support, encourage, or require such strategies.
Lastly, this section discusses the coastal act policies that are most relevant to nature-based
adaptation projects. In many cases, these strategies are intended to advance coastal
and coastal act goals and policies, but they can also have adverse impacts on coastal resources, if not well designed.
The information provided in this section aims to help project applicants that understand how to navigate potential adverse impacts and avoid conflicts with the coastal act that may arise when planning for such strategies.
So as with all projects, the applicability of coastal act policies and any relevant LCP policies must be determined on a case by case basis.
The last major section of the guidance discusses a variety of crosscutting themes and key considerations
that relate to broader planning for these types of approaches.
These topics include compliance with the public trust doctrine, monitoring and adaptive management
procedures that are critical for evaluating the success of a certain project or strategy,
implications that these strategies could have for affected communities, and how such projects
could complement and fit within scaled and phased adaptation planning approaches.
Each of these elements play a critical role in ensuring that nature-based adaptation strategies
are implemented in ways that address resilience, protect public access, ecological, recreational,
and cultural resources, and support intended outcomes.
Next slide.
Transitioning into where we are today and what the next steps are, the current draft
the guidance was developed following extensive internal and external community coordination with
a variety of staff and sister agencies. This resulted in a public review draft that was
released on September 29th for a 30-day review period. In addition to comments staff received
through ongoing coordination, a total of 11 comment letters were received during the public
comment period along with two additional letters of correspondence received as part of this hearing
item. Most of these comments touch on topics shown here and are discussed in the staff report.
We will do a deeper dive into the comments and how we responded to them,
including any comments we receive from tribal groups at a future hearing when we ask the
Commission to adopt the guidance. But the current draft reflects revisions that have been made to
date in response to these comments. All comment letters can be reviewed in their entirety and the
correspondence for this item. Next slide, please. In closing, I will reiterate that the draft is
is available as exhibit one of the staff report.
We are currently conducting tribal outreach
and anticipate bringing a final draft back
to the commission for adoption early next year.
This ends today's briefing
and staff is available for questions.
Wonderful, thank you very much.
Are there any public comments?
I guess we have two speakers, both in person,
Mitch Silverstein and Coach Jackson.
You'll be sick of me by the end of the day.
Honorable commissioners, Mitch Silverstein,
California policy senior coordinator
Mr. Federer Foundation.
Again, just want to thank the commission.
I think this is a really great document.
We submitted some comments.
It sounds like this isn't going to be adopted today.
This is still, yeah.
So I hope you continue to look at the comments.
There's a lot of debate about
what is a nature-based adaptation strategy,
and there's especially a lot of debate
on whether sand replenishment alone should be considered.
And you can see that in some of the comments.
We commented on several things,
but I think I'll focus on that
since I only have like a minute.
SurfFighter, we really see this opportunity to,
we don't want sand replenishment alone
to be looked at as a nature-based adaptation,
but we do think that nature-based adaptations should,
or could and should, when it's possible,
sort of be conditioned along with sand replenishment.
For example, looking through a local lens,
sand replenishment is basically
the only overarching strategy in San Diego County,
up through South Orange County, that everyone can agree on,
all the cities can agree on, to maintain and preserve
our beaches.
So we've got, I can't even, you know, there's five, six,
there's all these different standard punishment projects
that are in different stages right now
that are coming through the pipeline
that will go before you sooner or later.
And when they do, we need to really look at,
okay, well, we're gonna dump a bunch of sand on the beach
and that's gonna maintain a beach for a while
and protect coastal infrastructure for a while,
and Surfrider, we're not opposed to that,
we just want to make sure that it's monitored correctly,
and you know, all the same things
that the commission already does a good job on,
but when is, there's gonna be an opportunity,
not all, but in many cases,
to condition and require nature-based adaptation strategies,
put those on top of these center-plenishment permits,
so that we can reallocate space
for vegetated dune restoration, for example,
things that on top of center-plenishment
will further restore the natural beach,
and increase the efficacy of those replenishments.
So that's what we're asking for.
And thanks so much.
Thank you.
Coach Jackson.
Haoka Heuanate, Coach Jackson.
Good morning, my name is Coach Jackson.
Thank you to Commissioner Kelly for your recent comments
and all commissioners for your continued commitment
to building relationships with California tribes.
I work with the grassroots organization Coastal Defenders
to help reconnect people to place,
specifically system-impacted communities,
prioritizing the return of indigenous-led guardianship,
an example of which is our multiple partnerships
with Scripps Institution of Oceanography
and Kelp Thermotolerance and Seagrass
and Shellfish Bioremediation.
We specifically work connecting indigenous youth,
their families, communities, reservations,
and nations with the university.
I'm appreciative of the recognition of our ability
of our plant relatives to counteract
the effects of colonization to include pollution
and sea level rise.
Academic science is finally starting to catch up
indigenous science and understanding our displaced relatives' plants that were
planted for perceived aesthetic value are not actually supporting our local
ecosystems. As indigenous knowledge systems continue to be extracted from
and knowledge repurposed in terms like major-based solutions, blue carbon and
living shorelines, I lovingly encourage the Commission and all of us here to
pause and reflect upon the framework in which we are operating and in
contemplation about who has been displaced from our land and water to at
every opportunity ask ourselves what value resources and funding are we
allocating to indigenous science I look forward to working alongside the
Commission supporting the advancement of indigenous science and help increase
engagement hopefully you can get that number up from 11 to at least 12
Wanishi thank you thank you no more speakers okay thank you so I will return
to the Commission and we'll start with Commissioner Presiado yes thank you
Mr. Chairman, I just wanted to ask staff, I think in the local context, I agree with
Surf Rider, we have been looking at sand replenishment as ways to recover our beaches,
but I'm wondering in the case of Del Mar and maybe even in the San Clemente area,
where rail lines are affected and lifelines for industries and many of our local economies are
impacted. Will there be processes that ensure that our deep commitment to natural solutions
throughout the state can be set aside when it is not feasible or cost-effective or reasonable in
the case of trying to reinstate a transportation corridor as an example? And so I'm just wondering
if you can comment on how the Commission will balance these approaches when we are confronted
with projects that threaten local economies, threaten transportation corridors, and that
natural approaches may not be the best solution at that particular moment or time.
I was just wondering if you could comment on that as possible. And then secondly,
if there's language in the policy that will make that a clear alternative for staff so that
they're not forced into considering only natural approaches, but really solve with
the local agencies or the federal agencies in some cases, what needs to be done to ensure
transportation corridor for example. Thank you. Through the Chair, thank you
Commissioner Presti out over those comments. I think we as staff
definitely acknowledge that nature-based solutions are not a good strategy for
all cases where we have vulnerability or loss of beach or any other loss of
shoreline in an area. And as the, you know, what we we rely on the Coastal Act to
to help us determine which case applies in which situation.
I think the purpose of the strategies,
the strategy guidance that you heard about today
is really to flesh out and provide a little more guidance
on how to develop nature-based solutions
where they are appropriate.
And there's that language is included
in the strategy guidance.
And it's how the commission has approached
these problems in the past.
I think that part of what we're trying to work on
is the fact that often the first approach is armoring,
because it's in some ways the cheaper or easier or more
understood.
And so we've had to fight against that in places
where it's not appropriate to do actual hard armoring.
And so the idea of this guidance is
to provide a more clear guidance to local governments,
practitioners, members of the public, and ourselves,
of course, on when nature-based does make sense
and when it does how to do that.
how do we approach it, how do we think about it,
and where might it be appropriate?
So I think in that sense we're not foreclosing any options
where it would be legal to have armoring,
and we totally understand that there are cases
where nature-based solutions simply will not be effective
because of this particular situation in a particular place.
And as the commission has always done,
we look at each case individually.
So as we have a particular project
or a particular part of the coast that we have a concern,
we will look at that with a local government
and LCP context or through a CDP
and determine what the appropriate set of strategies are
both for the physical conditions on the ground
and legally what the Coastal Act enables us to do.
Thank you.
Thank you, Commissioner Eckerly.
Thank you so much.
Thank you to the staff for pulling this together
and the presentation, quick comment.
Just highlighting that the new summit administration
has really been focused on nature-based solutions
to fight the climate crisis.
And Secretary Crowfoot is organizing a series
of nature-based solutions convenings next year.
So just want everyone to mark their calendars
for January 29th.
It will be held in Sacramento.
I will have shared details as soon as I get them
and this is just perfectly timed to tee into that.
Thank you, Vice Chair Hart.
I'm so glad to hear that Commissioner Eckerle.
I wanted to ask staff, Karen and Director Hucklebridge,
given that California State Park manages
a quarter of the coast of California, 340 miles
of the coast, I'm still waiting for a nature-based adaptation
strategy or anything.
I mean, I'm not trying to be critical
because I know how overwhelmed they are.
But given the high priority of coordination among agencies
that's in this policy,
and given how critical that partner is,
how do you intend,
or what is the plan for integrating parks into this strategy?
Through the chair, I thank you for those comments.
and I think we are part of getting this strategy adopted
will help us have those conversations,
I think with parks and others.
So this is kind of, it's not a first step,
we've been talking about this for a long time,
but I think it provides a more of a basis
for us to go into those conversations with parks,
with other, whether it's a federal landowner,
state landowner, or an individual homeowner, for example.
It just, it provides those guidelines
so that we can have something to start from
in those conversations and a more of a basis.
So with state parks, you know, I hear you
on not having, you know, a full statewide strategy,
but we are in conversations at individual parks
at the district level with parks on different strategies.
And that does, it ranges.
And we have emphasized with them the importance
of nature-based, where that's feasible.
And so this, again, provides a little more basis for us
to then give them guidance on what that means,
what is considered a nature based solution
and how to implement it.
I was just gonna add that I actually have a meeting
with Parks Leadership next week to talk about this.
Thanks so much, Chair, just one more comment.
I mean, I guess what I'm really hoping for,
the term parks isn't even mentioned in our,
you know, if you search for parks, it's not mentioned.
And I know it's hard because, you know,
you have different state agencies.
I just can't, I mean if we cannot really be forward looking and proactive on our public
lands, how can we expect private landowners to be proactive?
How can we be talking to the railroad, et cetera?
I mean, I know there are specific projects and I visited them and I think they're fantastic,
I just feel so strongly that we need a statewide strategy for our state parks
or to deal with sea level rise and nature-based adaptation and I would love
to have comments from them on this plan or hear from them and I don't know if
that's something Commissioner Eckerly you could facilitate but I think it would
be great. Great conversation. Any additional comments?
Thank you so this item was informational but really appreciate it. I think we'll
move on to the next item. Yes thank you that's gonna bring us to item 6f which
is an informational update on the trans-bandry pollution crisis and the
Tijuana River, Tijuana River Valley and House City Toyful is gonna come to the
mic and provide much or at least kick off the staff presentation. Thank you
Dr. Huckelbridge and good morning,
Chair Harmon, Vice Chair Hart and commissioners.
As requested at the commission September meeting,
we're providing today an informational presentation
on the ongoing trans-border pollution challenges
facing Southern San Diego County.
Today we will provide a brief background,
refresher on trans-boundary wastewater flows
and infrastructure, provide an update on the status
of the federal projects reviewed and concurred with
by the commission in 2023, and provide additional updates
recent efforts by some of the area's key agencies. We also have some ideas to
share regarding potential next steps that Commission staff can take to further
engage on this issue. While we're not bringing forward anything that would
require a vote today, we'd welcome any informal feedback that Commissioners have
to provide following public comment on this item. With that I'd like to invite
our environmental scientist Annie Rosen to continue the presentation. For nearly
In a century, Southern San Diego and its communities have received wastewater flows
containing pollution, sediments, trash, stormwater and sewage from across the border.
The volume of polluted water released through the river this year alone has been in the
billions of gallons, and during recent storm events, peak flows exceeded 4.5 billion gallons
per day.
Fast amounts of contaminated sediments and trash are also transported through the river
into the valley and into the ocean.
To provide an indication of the scale of the trash, recently installed collection booms
have captured more than 90 tons of trash and debris over just the last few storm events.
Due to the health risks of this persistent sewage contamination, the Tijuana Slough and
Imperial Beach shoreline has effectively remained closed for years.
Wastewater crosses the border into the United States through several key pathways, including
the Tijuana River, which originates in Mexico and passes into California before reaching
the sea at the Tijuana River estuary, tributaries of the Tijuana River, including flows through
Goat Canyon and Smugglers Gulch, which are diverted to canyon collector systems, and
at a longshore currents that drive coastal waters northward, particularly during the
summer.
I apologize, next slide, please.
Infrastructure issues, including at wastewater treatment plants on both sides of the border,
are most apparent during storms.
During these heavy rainfall events, wastewater treatment plants cannot keep up with the volume
of wastewater requiring treatment.
This results in untreated wastewater entering the Tijuana River estuary and coastal ocean,
with greatest effects in South Bay communities, and along the coast of Imperial Beach and
the Coronado Strand.
In general, infrastructure shortfalls have worsened with population growth in Tijuana,
resulting in more severe impacts over the past decade.
The transwater pollution crisis has significant coastal impacts, including degraded water
quality and associated beach closures, impacts to marine ecosystems and those of the Tijuana
River estuary, and environmental justice issues, including public health concerns from hydrogen
sulfide air pollution, waterborne bacteria and chemicals, and impacts to beach access
and recreational opportunities, the burden of which is borne primarily by the communities
of the Tijuana River Valley and adjacent areas.
Next slide, please.
This map shows the primary infrastructure elements that comprise the overall Transborder
Wastewater Treatment Network.
This is a complex network with dozens of different components, but for the sake of brevity, we'll
just highlight some of the major pieces.
On the U.S. side of the border, the existing South Bay International Treatment Plant, or
ITP, operated by the International Boundary and Water Commission in San Ysidro, processes
wastewater from the city of Tijuana that is delivered to the facility by a series of conveyances
and pump stations.
The effluent from that facility is then discharged through the South Bay Ocean Outfall, several
miles off the coast of Imperial Beach.
of the border, the existing San Antonio de Los Buenos Wastewater Treatment Plan also processes
wastewater from the city of Tijuana and discharges it into the ocean. Canyon collectors located
along the border capture wastewater flows as they run northward by gravity toward the
Tijuana River Valley diverting them to the ITP for treatment. Next slide please. We also
wanted to highlight some of the multitude of local, state, and federal agencies that
play a role in regulating and responding to transboundary pollution and related issues.
Among its responsibilities, the San Diego air pollution control district carries out monitoring
of hydrogen sulfide emissions associated with wastewater flows in the Tijuana River and Estuary.
The county of San Diego plays a key role as well. Its Department of Environmental Health and Quality
coordinates beach monitoring for safety closures and its Board of Supervisors has spearheaded new
approaches and practices to help address pollution, specifically within the Tijuana River and
estuary with particular focus on trash booms and the need for river water to be diverted
and treated.
At the state level, the San Diego Regional Water Quality Control Board regulates discharges
from the ITP's ocean outfall and has been pursuing a range of enforcement actions to
uphold Clean Water Act standards.
Finally, the International Boundary and Water Commission, or IBWC, is a small agency within
the U.S. Department of State that operates the ITP and other elements of the collection
and treatment network.
The role of our agency has been primarily to review and authorize federal projects,
such as those we'll describe shortly, to help raise awareness of the crisis and to advocate
for the additional resources needed to respond to it.
Next slide, please.
In May 2023, the Commission concurred with the consistency determination submitted by
by the EPA and the IVWC for infrastructure projects
under the US-Mexico-Canada agreement.
These projects aimed to increase the collection
and treatment capacity of the network I described earlier.
The four main projects included expansion of the ITP
from 25 to 60 million gallons per day
of secondary treatment capacity,
installation of a system to convey dry weather
wastewater flows from smugglers' bulge
and goat canyon locations in Mexico
to the ITP for treatment, wastewater streams
otherwise naturally flow into the Tijuana River Valley. Repair or replacement of targeted sewer
collectors in Tijuana, including the international collector pipeline that brings wastewater to the
ITP, and construction of a new advanced primary treatment plant with a capacity of 35 million
gallons per day to treat wastewater diverted from a pumping facility near downtown Tijuana.
Of these projects, items 1 and 4 would be located in the U.S., item 2 would include project elements
in both the U.S. and Mexico, and item 3 would be located entirely in Mexico.
Next slide, please.
In the three years since the Commission's concurrence with that consistency determination,
several notable steps have been taken on these projects.
This past August, the IBWC announced the completion of an interim expansion of the ITP, adding
10 million gallons per day of advanced primary treatment capacity, for a total facility capacity
of 35 million gallons per day of wastewater.
A further expansion to 50 million gallons per day of secondary treatment capacity is
in the planning phase, with an accelerated timeline under development.
In May, the first phase of the Conveyance System Improvement Project was also completed,
with the rehabilitation of the Goat Canyon Pump Station.
Additional phases are still outstanding, but are scheduled to begin construction in 2026.
The first phase of the International Collector Project was also completed this past May,
redirecting wastewater from the downtown Tijuana region to the ITP.
A second phase, which would provide a backup conveyance route, has not yet begun, nor has
construction of the Advanced Primary Treatment Plant Facility I described as Project 4.
Next slide, please.
In addition to these projects, other recent progress includes deployment of trash booms
in the river to collect plastic and other debris, and the return to operation of the
San Antonio de Los Buenos Wastewater Treatment Plant in Tijuana, which has been closed since
program in 2020. Additionally, construction started in September on a project in Mexico to intercept and treat dry weather river flows.
This past July, the U.S. and Mexico also signed a new MOU reaffirming their commitment to existing agreements and outlining a shared roadmap for project implementation through 2027.
For the U.S., the MOU includes expansion of the ITP to 50 million gallons per day by December 2027,
funding for ongoing projects,
and providing quarterly public updates on project status.
For Mexico, the MOU includes allocation of $93 million
over the next two years to complete minute 328 projects,
data sharing with the U.S.,
development of a real-time bi-national monitoring system,
and construction of a 10 million gallon per day diversion
for treated ethylene
from two wastewater treatment plants in Mexico
to a location upstream of the Rodriguez Dam.
this last project would reduce flows into the US
and allow for potential reuse
or further treatment in Mexico.
The MLU also identifies construction priorities
for both countries next year and in 2027.
Next slide, please.
We next wanted to share some updates
on air and water quality efforts.
The San Diego Air Pollution Control District
carries out monitoring to detect hydrogen sulfide,
an conscious gas in three South Bay communities,
Nester, San Ysidro and Imperial Beach.
This graph shows hourly average hydrogen sulfide levels
at these sites since September, 2024.
The orange line at 30 parts per billion
marks the threshold above which most people
can detect the gas or experience symptoms.
While spikes still occur, especially during rain events,
overall hydrogen sulfide levels appear to have declined
over the last six months, a positive trend.
However, because levels frequently change
and can affect sensitive receptors,
San Diego APCD has also been coordinating with the county
to provide free indoor air filtration systems
to residents in affected areas,
helping to reduce in-home exposure to hydrogen sulfide
and support public health.
Next slide, please.
For issues of water quality,
the Regional Water Board is the lead agency.
Much of its focus lately has been on discharges
from the ITP.
With its recent expansion,
the IBWC has stated that an intense discharge from the ITP,
a blend of up to 25 million gallons per day
of secondary treated wastewater,
with an additional 10 million gallons per day
of advanced primary treated wastewater.
However, the facility's water quality permit
requires wastewater to undergo secondary treatment.
So this blended wastewater is expected
to exceed the permit's effluent limitations
for several constituents.
On August 28th, in anticipation of permit violations,
the San Diego Water Board issued a cease and desist order
to IBWC.
This order established temporary discharge limits
through June, but also recognizes the environmental benefit
of the recent expansion of the treatment plant's capacity
and allows it to operate out of compliance for a limited time.
Thank you, Ms. Rosen.
Regarding the role of our agency,
we continue to track the status of the IBWC projects considered
in 2023 and resolution of the water quality issues
identified by the regional board.
In addition, we wanted to provide
for your consideration today several ideas
for further engagement by commission staff.
The first idea is in recognition of the array of state
and local agencies working on this issue in various ways
and the potential benefit of further coordination
and collaboration between them.
We propose to reach out to these agencies
and work with them to convene a quarterly call
to share information, discuss emerging issues or challenges,
and to collaborate on potential solutions,
including working to expedite permitting
or jointly advocating for additional resources.
This interagency group could also provide a venue
for exploring the second idea,
a shared information resource to help improve
and promote public access to relevant information.
Currently, a number of resources exist for this purpose,
but our hope is that with greater coordination,
a shared or linked information resource
could be developed to provide key information to the public,
such as air and water quality monitoring data,
community programs such as air filters
for affected communities, beach status and advisories,
project status updates, and emerging issues
related to transboundary pollution.
In addition to these two possible avenues
for further engagement.
I also wanted to share a more targeted effort
that the commission's expert ecology and water quality staff
have been focusing on, and that could be expanded further.
With that, I'll turn the mic over to Dr. Holly Hall
of the commission's water quality team
to provide a brief description of the work
that she's been doing with the commission ecologist,
Dr. Rachel Pausch, to compile existing research
on water quality and ecology issues relevant to
and within the adjacent to the Tijuana River Valley Estuary.
This work is being done to highlight
and help identify potential knowledge gaps
and potential areas for further research.
And it focuses on compiling existing research
on those issues.
With that, I'll turn the mic over to Dr. Hall.
Thank you.
Next slide, please.
Next slide, please.
Thank you.
I'm pleased to share this draft document
titled Tijuana River Pollution Crisis,
Literature Review on Water Quality and Ecological Impacts,
which summarizes what we currently know
about water quality issues
and potential ecological impacts
in the Tijuana River system.
It focuses on the challenges created
by transboundary pollution.
Our goal with this document
is to create a shared science-based foundation
that can support informed decisions
and guide future research and policy work.
We are presenting this as a draft
and have made it available through the agenda for this item
because it is meant to be a living document,
one that will grow and change as new information
and community perspectives emerge.
While we work to be as comprehensive as possible,
we understand that some studies may not yet be included.
Sharing this draft now allows us to begin engaging
with researchers, partner agencies,
stakeholders, and affected communities
so the document can improve through collected knowledge.
We welcome contributions that can strengthen and expand this review.
Additional studies, data, sources and suggestions are encouraged.
Comments may be submitted using the subject line Tijuana River Pollution
to the staff contact shown on this slide.
All feedback will be reviewed and incorporated into future updates
to keep this resource current, complete and useful.
Through this collaborative process,
We hope the literature review will help shape future research priorities and support effective responses to the ongoing pollution challenges in the Tijuana River system.
Myself and co-author, Commission Ecologist Dr. Rachel Pausch, are available for any questions. Thank you. That concludes the staff briefing.
Thank you, Dr. Hall.
I just wanted to reiterate that that literature review
compilation of existing research can be found
on the commission's agenda for this item today
and once finalized, we'll be posting on our website as well.
Great, thank you very much.
Thank you, Mr. Teufel, and thank you to our staff.
I know it's almost lunchtime but we have a lot of folks
who are here in the room who've been waiting
and are really looking forward to giving their testimony.
We are really looking forward to hearing you.
I'm gonna ask that you try to say what you have to say
as efficiently as possible,
but we are really grateful that you're here.
Look forward to hearing from you.
And just a reminder, please no clapping or cheering,
just use your hands.
So to my fellow commissioners,
we're gonna get through public comment
and then we'll break before our questions and comments.
Okay, Chris, I'll turn it over to you.
All right, thank you.
I'll just let everyone know that we have a total
of 37 speakers signed up for this item,
most of which are in person.
We'll start with Stephanie Seekich
on behalf of Paloma A'Gary.
And then we have a presentation for A'Gary
that we will be bringing up.
Thank you.
Good morning, commissioners.
Stephanie Seekich here on behalf of Supervisor A'Gary.
While we're waiting for my presentation,
I wanna give a shout out to Ms. Vanessa,
who helped me get my sea legs as an advocate
coming before the commission 20 years ago.
She is literally one of the nicest people
I've ever met in my life and I think
that there's going to be a hole without you,
so thank you for that.
So, Supervisor Gary could not be here today.
She thanks the staff, Cassidy and Annie
for inviting us to do this presentation.
Your presentation was fantastic.
You hit all of the infrastructure needs
that are going forward, that need to be done,
that have been done in the past.
So I'm going to kind of fly through some of that information
and focus on what the county and the supervisor
is doing at the local level.
Next slide please.
So my boss likes to call this the biggest public health environmental crisis in the
Western Hemisphere.
The amount of toxins that our community is breathing is overwhelming.
The amount of toxins in the water is becoming more and more apparent every single day.
And so now we have national and international attention put on this issue.
And our constituents are saying it's about time.
And so we're very grateful to be here today to give you an update.
Next slide.
So I think I want to backtrack.
I think the one important thing since we're all
watershed nerds in this room is this Tijuana River Valley
is huge.
And the majority of that watershed
is actually in Mexico.
And sometimes gravity is good for us and works on our behalf,
and sometimes it does not.
And in this situation, we are seeing all of the gravity
pull the sewage that's been untreated, partially treated,
down into the valley, through the watershed,
through the tributaries, and over into our neck of the woods.
It's gotten exceptionally bad in the past couple of decades
because as you can see, it's a shared infrastructure,
it's a shared border, but there's been
a huge population growth, and of course,
we've seen increases in climate storms
creating further impacts.
And as Annie had said in her, in their presentation,
at this point, there's just not enough capacity
on both sides of the border
to treat this amount of effluent.
Next slide.
So since 2018, about 200 billion gallons of sewage
has crossed the border, causing this,
what used to be just environmental problem,
which is now an air quality problem.
Next slide.
I love that Annie had this slide up.
I'm not going to belabor it, but you can kind of see,
I hate to use a term like this,
but the sewage sandwich that we have going on here.
So you can see that there's a few wastewater systems
that Annie had described in Mexico
that are treating partially.
Oftentimes their conveyance systems break,
the infrastructure's outdated,
And so that sewage will end up untreated
and be put directly into the Tijuana River, which
enters and comes out into my supervisor's community.
She lives in Imperial Beach.
And then when you look down the coast south,
you see that the sewage is going straight into the ocean.
So it's creating this sandwich of sewage
between those two communities.
Next slide.
So for nearly four years, our beaches have been closed.
I know that the mayor from Imperial Beach is here.
We're good friends with the city.
and working to make sure that we are improving the way
that we do water testing, that we're improving the way
that we're communicating water testing.
But it's really sad to say that for four years a lot
of these communities have not been able to use the water.
Recently, Palome Gary, when she was mayor,
she created a splash pad outside of the city
because the children can no longer go into the ocean.
And so when it's a really hot day,
that's their way of cooling down is going to a splash pad.
Next slide, please.
So the crux of this situation, and I'm going to really pivot
and focus on this problem here, is the hot spot.
So Supervisor Gary has really two passions
that she's looking at.
One is fixing the hot spots that are along the river,
and one is looking at river diversion,
which wasn't really mentioned.
It has been looked at by the EPA,
but we can cover that in a second.
So as the water shoots through Tijuana,
it goes through a concrete channel.
And then as it comes over to our side of the border,
as you saw in Annie's presentation,
it goes through natural tributaries, watersheds,
And then all of a sudden, it hits this area right here
at Saturn Boulevard.
It's four culverts that were put in by the city of San Diego
in the 90s temporarily for flood control.
So what we're having is, as it gets
through natural watershed tributaries,
it hits this concrete, four of them, concrete culverts.
So the concrete shoots the sewage through,
but then there's a drop at the end of the culverts.
And so that creates this turbulence,
which is aerosolizing all of the chemicals
that are in that affluent.
So you can see right now that there's foam,
and that is, again, the product of sewage,
but also we're increasingly starting to find out
lots of industrial waste,
which contain chemical compounds such as DDT
that have been banned in the United States,
pesticides that are no longer used,
lots and lots of industrial waste.
The data is still coming out.
I'm speaking with Dr. Prather at UCSD
and she'll be releasing some data soon
that really gets down into the granule level
of what those chemical compounds are in the water
and also in the air.
Next slide.
You can see it from space.
That foam pit is literally a satellite image
of aerosolized pollution.
Next slide.
So Annie covered this again,
but this was really an alarming situation
for our constituents community.
During 2024, there was some conveyance systems
that had broke.
There was just a flux of sewage that came across the border
and settled into our communities.
And as Annie was mentioning, 30 parts per billion
is what the state CARB calls the nuisance odor.
That means that you can smell it, it's agitating to you,
and as you can see, it got up to 4,500 parts per billion.
This is absolutely just devastating
for brains that are forming.
there's a lot of neurological impacts
that can come from ingesting hydrogen sulfide.
So when we saw this problem coming down the pike,
no pun intended, we figured, okay,
let's work with CARB and APCD,
our local air pollution control district,
to get air filters in people's homes.
Next slide.
We'll talk about that in a little bit.
My colleague, Andreas, is here.
We just had a in-person event
where we distributed air purifiers.
But as you can see, the hotspot from space
that I just showed you is the red circle there.
and around them is 11 schools that are breathing
in this air on the regular day, on a regular basis,
all within 1.5 miles of this natural hotspot.
Next slide.
So fortunately, the CDC recently came to town
and said, okay, we are hearing you,
we understand there's health problems,
let's do an assessment.
So the CDC recently did two different health studies
and I don't need to read you the data.
It's pretty overwhelming.
I think the first one speaks volumes
that 92% of the individuals that live, work, play
in this community do not feel safe,
for many reasons that we just discussed.
And it goes down into feelings of anxiety,
feelings of depression.
One of my coworkers, she was telling me
her teenage daughter left open her window,
went to school, shut her front door in her room,
came home, opened the door,
and it was just this overwhelming smell of rotten eggs.
The teenager wanted to go back into her room.
I have a teenager.
There's no convincing them what to do.
She went in there, she left the room,
which had red eyes crying for days on end
because of just a window being opened.
So these are anecdotal stories that we're starting
to see people and we're recording them as well.
Next slide.
I don't want to belabor the labor
or the data that's been here as well,
but it's very similar impacts to the other study
that the CDC did as well.
Next slide.
So I was so happy to speak to Cassidy
to talk about what are we doing on the ground.
So most of you have known that Ploma Gary,
she was the mayor of Imperial Beach.
Now she's been elected through a special election
at the Board of Supervisors.
And she literally has hit the ground running.
I try to keep up with her any given day.
I'm riding her coattail.
Annie knows her so well.
And she's just been a tremendous leader in this situation.
So as soon as she hit the ground, she said,
okay, I need to create a subcommittee.
So her and Supervisor Lawson have put together
the subcommittee. It contains a lot of experts within the county. We also have tapped other
individuals outside of the county, public health experts, to work on this committee
with us. What we do is we meet regularly and then we provide recommendations to the Board
of Supervisors on how to solve this problem. Next slide. So I'm going to hand it over to
my coworker, Andres. We had a great event. He's going to tell you about it briefly.
Good afternoon. Thank you so much, Stephanie, which is such a great public speaker. So I'm
going to talk, my name is Andres Guertz Barreto. I am the community representative for Supervisor
Paloma Guirre down here in the South County along the border. I represent the City of
Imperial Beach where we are right now, Nestor, which is just right next door, San Ysidro
and then Eastern Otay Mesa. So we had our air purifier program going through APCD. We
had our final distribution that was on Monday here in the City of Imperial Beach. You know,
These air purifiers are essentially just a stopgap measure.
We heard the anecdotal evidence of our coworker's daughter, was in a room, smelled everything,
came out, eyes.
This is not an isolated incident.
This is happening all across the region.
And until those infrastructure upgrades are made, all we can do is provide, you know,
these air purifiers, and it's only one per household, but there are 40,000 impacted households.
We were only able to distribute 10,000 because that's what we had the funding for and we
need funding for 2026 in order to distribute more of these.
At $250 a unit, you know, that's $10 million that we need to continue and expand this program.
And we are still working and looking for partnerships with the county, with the state, with federal
entities that are going to fund this program.
In fact, tomorrow is the APCD meeting at 2 p.m. at the county administration center where
We are going to advocate for an expansion of this program and an extension of this program.
So at the end of the day, this is a colossal problem.
We saw the statistics.
We're not going to be able to label the statistics, but the APCD did do a survey of residents
in this area.
I'm going to read a few of the statistics.
The survey was conducted through September 9th through October 3rd, so a couple months
ago, but more than 1,200 people completed this 13-question survey.
And according to the results, 88% of respondents indicated that they were satisfied or very
satisfied with the use of purifiers, those that got them.
Most respondents also said that they have noticed health improvements.
Among the reported answers, about 31% said they have had less coughing or throat irritation.
33% said that they have had improved breathing.
35% fewer allergy or asthma symptoms,
20% fewer headaches, and 27% better sleep.
The amount of people that have been affected by this
is immeasurable.
Some live here, some move out,
because they just can't stand it.
But the ones that have stayed,
oftentimes they don't have a choice.
So until the infrastructure upgrades are made,
we're doing whatever we can to make sure
that these people are safe in their houses,
that they generally have a better situation in their lifestyle. You know,
if you can't leave, we want to make sure that they have the resources that they
need to stay in their homes. Thank you so much. I'm going to turn it back to my
colleague, Stephanie. Next slide, please. So for the last slides, we're going to
highlight again what the county is doing through the subcommittee. We have
commissioned doing an epi study to really look at long-term health impacts
to the folks that have been there. We do know that when there's flares, people are
going to the emergency room so we can do kind of a retrospective look at this to
see you know what happened during those those peak times and really we want to
take this data and give the community a voice this is a huge environmental
justice issue if this was happening in any other parts of the state I think it
would have been solved much sooner and so that's why we want to do these studies
to do the air purifiers we have to raise the voice of these frontline communities
for decades that have been, you know, having to deal with this.
So next slide.
So these are the options that we're looking at, I'm going to go through because I really
want to hear the kids that are here today.
So you all can contact me later and I can give you all the studies that we have.
Next slide.
We also are going to be testing the soil.
So as we know we know it's in the air, it's in the water, God forbid what happens when
these heavy metals and toxics build up in the soil, a good wind comes, maybe just different
elements of that.
we're gonna do a two year study to test the soil
for toxicity and other ecological impacts.
Next slide.
And finally, we're doing an economic study.
The county had already done a very preliminary study.
It was kind of self-reporting by local businesses saying,
yes, I've had impacts from this sewage crisis,
but it's going to be very substantive.
We're going to be looking at property values, tourism,
household impacts and business impacts.
Next slide.
And finally, this is the most exciting project to me,
is fixing that hotspot that we were looking at before.
That's the crux of this problem.
And so the county's kind of full steam ahead right now,
looking at this study that will be released in January.
We're really making partnerships
because the issue is like a donut.
So the city of San Diego owns
Saturn Boulevard right there,
and the county is around it,
and then the Navy also has land there.
So those are the partners
that are working to fix the hotspot.
Next slide.
So, for state participation,
Cassie and I did not coordinate our slides, I promise.
We are looking for state-led initiatives.
I don't wanna belabor, like I said, I wanna hear the kids.
So, I mean, the more that we can come together
as different jurisdictional entities and work together,
the faster we'll get to these environmental
justice solutions and infrastructure solutions.
Next slide.
This is just a plea, everything comes to money, right?
Like, we can send a man to the moon,
we can do all the infrastructure we want,
but unless we have the funding,
we're not going to be able to move forward.
So we're looking at all state entities
to continue these projects and that we're working on.
And also I think it's very important
is long-term operation and maintenance at IBWC
because that's where on our side,
we came into the conundrum.
We weren't keeping up a lot of the infrastructure
on our side.
And so we did see a lot of, you know,
malfunctions on our side.
So we need that long-term maintenance
and operation funding.
And lastly, and just again, continuing here,
We want to do river diversion, which I'm going to hold a community forum about river diversion
and what that looks like.
So we'll put it up on our website so everyone can kind of come and look.
Someone had mentioned the trash booms earlier.
This is literally from a month ago, capturing all that trash that has come down into the
estuary right there.
And next slide.
This is my line item budget right here.
This is the money.
This is where it all comes down to.
So we're working at the federal level, the state level, the county level, philanthropic
to raise these monies that will help with the infrastructure problem and also
work on nature-based solutions. I was happy that we saw that as well. And then
next slide. So thank you for inviting Supervisor Gary's office. She really
wishes she could have been here. She was actually running a board meeting herself
but she believes that we can all work together on this issue and thank you
again for your invitation and all the work you do to protect the 1100 miles of
coastline in California. Thank you. Thank you very much for being here.
Thank you and thanks to all students for being here. I'm sure you're missing all
your classes today but you can just show your teachers the footage that you're
here and I'm sure that's a good enough excuse. But um next we have Mitchell
McKay the mayor of Imperial Beach followed by Jeff Crooks from the Tijuana
River National Estuary Research Reserve and then we'll have Laura
Wilkinson as well as the students from Coronado High School. So Mitchell McKay.
Good afternoon Coastal Commission Commissioners and regional
representatives. I am Mitch McKay. I am the current appointed mayor of the City
of Imperial Beach, however infamous that honor may be. I want to welcome you all
back those that were here two years ago. You were here and we appreciate you guys
coming back. First of all, I want to express my appreciation for Supervisor
Aguirre's presentation. It saved me a lot of time. I can cut out half my stuff, but
I did have a statement I wanted to read and I'll keep it brief because I too
want to hear the students and their perspectives. So it's not lost on my
community that as ground zero, which we call Imperial Beach for the transboundary
sewage crisis that we actively advocate for your support of the current and
future efforts to once and for all resolve this decade-long international
environmental crisis. And while there is currently much activity both by
policymakers and in the construction teams on both sides of the border, their
collective efforts are far from completion and require us all to
continue our bold advocacy and demands on both of our governments to meet their
stated goals. Again we welcome you all back to Imperial Beach we like to call
it our little piece of coastal utopia. Please continue your staunch advocacy
advocacy for our community and for the goal of restoring our economic and
environmental health. So again thank you very much on behalf of the city of
Imperial Beach and I look forward to the rest of the presentation. Thank you.
Thank you. Jeff Crooks. Jeff will have a five-minute presentation. Yeah I'll see
if I can make it a little shorter. We'll see if we can do that on the fly. All
right I think we're gonna pull up a PowerPoint here. Yes. It's coming up. Yeah
so I'm Jeff Crooks. I run the research and monitoring program at the Tijuana
River National Estuarine Research Reserve. I've been working down here for
about 35 years or so. So I just wanted to give a quick update on some of the long
Long-term monitoring data and the trends we're seeing in the in the River Valley show you some graphs of some data again
I'll try and get through this pretty quickly
so next slide
So really part of the hallmark of our program is we have these data loggers deployed in the estuary
We've had some there for almost 30 years. This is a 20 year
What we call heat map a time series of monthly average
dissolved oxygen conditions in the estuary, so with year running along the x-axis and
the months running up the y-axis there, and basically just looking at the colors,
blue means higher oxygen conditions, red means low oxygen conditions, and things are sprinkled
around. You know, we see some variability with which is typical of these systems,
But as we've been hearing, things really started to change in 2020 and 2024 was particularly
bad.
It beat red.
We're seeing months on end of virtually no oxygen in the system, very, very poor conditions.
But I will just highlight in the last few months, I tried to make this data as recently
as I could.
I think it's up through October.
We do see a little tick upwards and I'll return to that in just a second.
So why is this occurring, next graph?
So I think we all know, but basically there's a relationship between how much transboundary
flow we get and the conditions in the estuary.
Again we know that, it's nice to document it, so this is graph looking at this.
During the dry season when we're not expected to have any flows at all, hopefully they should
be zero, both under natural conditions and with river diversion, it certainly hasn't
been that recently.
So a clear relationship, the more river flow we get, the worse the oxygen conditions are.
And again, 2024 was particularly bad, basically flow almost every day, or I think every day,
and very poor oxygen conditions.
Okay?
Next slide.
Yeah, thanks.
So part of what we do in addition to tracking these basic water parameters is to keep track
of what the animals are doing in the system.
So for 10 years we've been monitoring fish and invertebrates like crab, shrimp, things
like that, snails, by deploying these minnow traps and throw them out there and then basically
see what swims or crawls in.
The graph on the left is for the last 10 years average number of individuals, copper trap.
There's a lot of variability that goes up and down.
But again, the real clear pattern is 23-24, not much variability, very, very low abundances.
We're hardly catching anything.
And on the graph on the right is species richness, like the average number of critters that we're
catching in each tramp, this downward trend, but again, basically flatlined in 2024.
Tramp after trap was just coming up as empty.
There was nothing in them.
But again, there's this hopeful little bump in the last couple months or so where we're
starting to see some stuff return.
Okay, the next slide.
So why is that?
I mean, it's related to river flow.
So we've heard about the IBWC.
This is a gauge of, this is the daily flows and million gallons a day from the river.
2024 the dry season there was again particularly bad as we've heard and as
I've discussed so we'd easily see flows between 50 to 100 million gallons a day
and again we wanted it zero and that's when conditions were particularly nasty
we do see in September of 24 this big drop and this is increased conveyance
that occurred and we did see some improvement compared to 2025. So instead
of so this most recent season that we just finished sampling for, instead of
50 to 100 million gallons, we're seeing 5 to 10 million gallons a day coming
across, it can spike more than that. And to be clear it's 5 or 10 million gallons
too much, it should be zero. And I'm not trying to paint the picture at all that
we've seen recovery of this system, but it is encouraging to see that with these
sort of investments being made and this infrastructure improvements we're
seeing responses on short sort of time scales we're seeing oxygen improve we're
seeing some of the animals come back again not at all where we want to be but
hopefully this can help motivate that we keep on going with these investments and
these infrastructure improvements and continue to track recovery of the system
All right thank you. Thank you. And now finally the Coronado High School students. I know you can't
exactly see it online but they've been here since like at least 9 a.m. and
sitting in the corner in the hot room on the carpet because all the chairs are
taken but we're finally here. Laura Wilkinson-Sinton and then all the
students starting with Sean Wilbur, Annika Talavera, Roxy, Langovin, Selena Clark.
Dr. Kate, commissioners, thank you so much
for hearing us out today.
Two years ago, two of these students as sophomores
came and stood before this body
and heard the lieutenant governor say
that we had open sewers running through
California neighborhoods and if anyone had said
that to her without her actually seeing it,
she wouldn't have believed it.
But these kids have been living with this
for a long period of time and they've been denied
lots of parts of their childhood.
And they're here to tell you today,
You've heard all the data and we work very closely
with Supervisor Aguirre and all of the elected officials here,
all of whom have declared a state of emergency,
including this body here,
but we cannot let the acute become chronic.
This has to stay acute and we have to stay on top of it
and we beg of you to help us do this.
And here they are to tell you in their own words,
the human cost of this, thank you.
Greetings, Coastal Commission and guests.
My name is Sean Wilbur
and I'm a senior at Coronado High School.
The last time I spoke before you,
I was a wee little sophomore.
I was two years ago, maybe six or seven inches shorter,
but you know.
Yeah.
Yeah.
Through leading the youth circle
and Stop the Sewage initiatives
with my other classmates here today,
I've learned the power of student voice
in crucial government proceedings.
The Stop the Sewage Club was founded three years ago
with the goal to empower our students.
With over 75 members,
The club has won high accolades from our school district
and from the San Diego County Board of Supervisors,
we received a proclamation yesterday.
All while organizing over a dozen protests
and speaking engagements and gathering over 1,000 hours
of collective volunteer service.
The club gives student opportunity for activism
within our schools and town,
which allows us to gain useful experience
as we become global citizens pushing into our state
and country and the entire world.
We're here today to recognize our concerns
with the rampant sewage crisis
covering nearly 15 miles of US coastline,
along with 10 miles south of the border.
The SoCal Life is built around the community
that we build around the ocean,
and that has continued to be robbed from us
because of these poisonous beaches.
The Coastal Commission was entrusted over 50 years ago
with one promise to quote,
protect and enhance California's coast
for present and future generations.
So here we are, the future generations,
standing before you now, over half a century later,
hoping that you guys can keep your promise
on our beaches here.
The Coronado classroom closest to the ocean
is just 900 feet away from this toxic sea mist,
which has, that beach has been closed almost 60%
of this year, you can fact check me on that.
My little brother goes to school there.
He breathes this in every day.
So we're all gonna share very important things,
thank you so much for your time and thank you for allowing us to speak
today. Yeah I yield to the rest of my classmates here. Thank you.
Anika Talavera, Roxy Langovin, Selena Clark. Good afternoon to commissioners,
guests, and everyone who has gathered here. I am Anika Talavera and I'm a
senior from Coronado High School. Today we have come together to celebrate the
work we have completed and I believe more importantly to advocate for the
work still left to do. I and all the Coronado High School students here today
are working to lead our students and our community but we need to see your
leadership continue. The Coastal Commission has worked through tense and
multifaceted coastal crises before and we expect that you work to put an end to
the crisis we currently face. We know that spotty and infrequent federal
funding hasn't brought an end to this poisonous crisis. We know that
inconsistent data and messaging creates confusion instead of action and we know
that there are thousands of advocates ready to stand up for our beaches. If the
Coastal Commission can fight for accurate, centralized, and easily
accessible data alongside a consistent means of funding, we can pull ourselves
out of the toxic bog in which we currently live. And tying into earlier
discussion about public comment, I would like to support what Commissioner Hart
and Commissioner Nodoff shared about timing estimates as we have a dozen
students here who must anticipate missing class and instructional minutes in order
to participate here.
I can't wait to get to work with everyone here
towards a cleaner beach and a cleaner future.
Once again, thank you to the California Coastal Commission
and to all of the passionate advocates here this morning.
Thank you.
Thank you.
Roxy Langovin, Selena Clark, Isabella Barraza.
Good morning.
My name is Roxy Langovin and I'm also a senior
at Coronado High School here with our Stop the Sewage Club.
And I'm here today because I've been wanting to learn more
about the workings of both local and federal governments,
and I want to be able to make a change
and impact my community,
which I've been told time and time again
is what I can use my voice
as a youth member of the community to do.
I've been living in Coronado since I was four years old,
and when we moved here,
one of the biggest draws for us was the beach community,
the local life and everyone around it.
And so many of my best childhood memories
have been spent on the beach with my family,
even up to two years ago going on a Christmas
walk on the beach or walking almost every week down there
with my mom.
And it has been so disheartening to see over time how much more
the beach has been closed.
Every week, as Sean said, for almost 60% of this year,
the beaches haven't been open to the public.
And it's been so depressing just walking down there
and seeing them empty and devoid of the life that
used to be there, both tourists, locals,
and the ocean life itself that's being
affected by the sewage crisis.
And again, these beaches have been kept closed for years.
Unsafe water conditions have kept swimmers and surfers
and tourists and others out of the water
for fear of illness, disease, anything.
And our beaches, they've been ghost towns for too many
summers to count.
This crisis and its effects directly
impede the commission's core mandate
to ensure coastal access for all.
As you guys said in your five year plan is currently your number one goal for this commission.
And in order to uphold this mandate, the Coastal Commission needs to prioritize action on the
sewage crisis, working with the state government, the federal government, any type of commission
who can help us open our beaches once again.
I'm thankful to have the opportunity to speak before you guys today alongside my classmates.
Thank you.
Clark Isabella Braza, Joey Rudowitz.
Hello, my name is Selena Clark and I am a senior
at Coronado High School and a member of the Stop Sewage Club
and fighting for clean beaches.
I'm still new to this organization
and although I don't know as much
and I'm continuing to learn the full scope of this issue,
what I can say is that I do know
what the ocean has come to mean to me.
I grew up spending long days in the water
exploring and playing and having fun.
But over time, I have watched that same water turn murky and unsafe making me realize those
good days are quickly fading.
The commission is uniquely positioned to play a unifying and catalytic role in moving solutions
forward.
By strengthening interagency coordination, elevating the urgency of this issue and advocating
for long-term equitable coastal access, the commission can help ensure that every community
has the opportunity to safely enjoy the California coast.
This is a moment where leadership can make
a measurable difference.
It means a lot to speak here today with my classmates
as we advocate against the decades of sewage
impacting our shoreline.
Students need dependable funding and solutions that will last.
I thank you for giving us your time.
Thank you.
Thank you.
Isabella Braza, Joey Rudowitz, Nico Reyes.
Hi.
My name is Joey Rudowitz, and I'm a sophomore
at Coronado High School and also a member
of the Stop the Sewage Club, fighting for clean beaches.
I'm here today because I've been called to learn
about the workings of our government system
and to make a change in my community.
As a fishing coach, I would appreciate the beaches
to be clean because of fishing.
The growing amount of sewage has made the edible fish
closer to shore and not able to be consumed.
Also living here, my entire life in Guanado
and watching as a lively beach town
has been dwindled down that when I go on walks with my dog,
to seeing no one there.
Addressing transboundary pollution
is not just a policy priority,
but a core responsibility tied directly
to the commission's mandate.
This crisis crosses borders, jurisdictions, and agencies,
and ignoring it threatens both ecological health
and public trust.
Acting decisively to confront this pollution
demonstrates that the commission stands firmly
behind its duty to safeguard California's coastline
and the people who depend on it.
I appreciate the opportunity to address you today
alongside my fellow students
to call attentions to the decade of pollution
that have damaged our beaches.
Young people like us are asking for sustainable resources
and meaningful long-term change.
Thank you for your consideration.
Thank you.
Niko Reyes, Jillian Stockowitz, Cleber Tawala.
Good afternoon.
My name is Nikolas Reyes
and I'm here as a student at Coronado High School
and a member of our Stop the Sewage Club
fighting for clean beaches.
For the past 10 years, me and my family
have walked the beaches at least once every two weeks.
On average, every time we walk, we
pick up a small bag of garbage filled with plastic bottles,
cigarette butts, and many other pieces of garbage.
Our beaches need our help to stop polluting
our precious waters.
We have seen over 150 billion gallons of sewage
pour in the Pacific on both sides of the border,
streaming from dilapidated infrastructure
and over-rolling facilities.
Chronic pollution undermines the Coastal Act's goals
for protecting coastal resources, water quality,
and marine habitats, all of which are a central part
of our coastal community.
Thank you for giving me and my classmates
the space to speak today about the decades of sewage
that continues to threaten our beaches.
We're asking for sustainable investment
and long-term action to protect our community.
Thank you for allowing us to be here.
Thank you.
We have six, seven more students.
Julian Stockowitz, Cleber Tawalla, Jared Waterlander.
Hi, my name is Cleber Tawalla,
and I'm a sophomore at Coronado High School
and a member of the Stop Sewage Club
fighting for clean beaches.
I'm here today to make a change in my community.
I live here in Imperial Beach,
and due to all the polluted conditions,
whenever I want to take a walk around the city
or ride my bike around,
I have to do so with the smell of sewage all around me.
This beach has been closed for a long time,
and it really sucks because it was one of the only things
could do for fun, for free. In addition to harming our local environment, polluted
conditions and ongoing emergency responses have strained coastal dependent
economies and have undermined long-range planning under the Commission's
jurisdiction. Much of the Southern California's coastal economies rely on
tourism, revenue brought in by those millions of visitors a year who come to
spend the summers or holidays on our beaches. Beach closures have resulted in
the decrease of tourism as the beach is the main draw to cities like Imperial
Beach in Coronado. And local businesses and economies have suffered as a result.
We need reliable funding and long-term action to protect our future. I
appreciate your time. Thank you. Jared Waterlander, Quinn Riby, or Rabe Andrea
Reyes. Good morning everyone. My name is Jared Waterlander and I'm a junior at
Coronado High School and a member of the Stop the Sewage Club finding for clean
beaches. I'm here today because I have been called to learn about workings of
our government system and to make a change in my community. As a beach lifeguard
assistant for the city of Coronado, I've experienced firsthand how the sewage has
closed our beaches numerous times and on days and on days the water is open we
would still question if the water was clean or not. The pollution over the
summer would frequently keep our junior lifeguards out of the water, limiting
their learning towards ocean safety. I wish to give the people in my community
the opportunities given by our beaches, especially found in programs such as our
such as our own Coronado Junior Lifeguards.
We have experienced how beach and ocean closures
limit opportunities for recreation, cultural connection,
and youth access.
The commission's public access
and environmental justice policies
already align with these concerns,
and we are simply looking for a successful execution
of these goals which have already been laid out.
Students like us need sustainable funding
and long-term change.
We are thankful for the opportunity
to speak before you today.
Thank you for your time.
Thank you, Quinn Ryby, Andrea Reyes, Millicants-Born.
Good afternoon board, my name is Andrea Reyes
and I'm a junior at Coronado High School
and a member of the Stop the Sewage Club
fighting for clean beaches.
I'm here today because I've been called to learn
about the workings of our government system
and to make change in our community.
I've lived in Coronado for the past eight years of my life
and I've witnessed firsthand
the increasing rates of pollution in our beaches.
I'm spending countless weekends in the water
with my siblings to participating in junior lifeguards
and surfing alongside my classmates,
the water has played a significant part of my life
since I've been here since the third grade.
With the beach closed due to contamination
more often than not, it's heartbreaking to realize
that the same amazing memories made throughout my life
are at risk for those younger than me
if no action is taken.
Therefore, frontline communities in South San Diego
continue to shoulder most of their severe consequences
on this ongoing crisis.
Families are living with daily exposure, closed coastlines,
and long-term health risks that no community should ever
have to accept.
By recognizing and responding to this disproportionate burden,
the commission can meaningfully advance its commitments
to environmental justice and equity
to show that these principles guide real on-the-ground action.
I'm grateful for the chance to speak with you all today,
together with my classmates, to stand up
against the decades of sewage that have contaminated
our beaches.
Students like us deserve sustainable funding
and real lasting solutions.
Thank you all for listening.
Thank you.
Millicent Bourne and Eric Camberos.
Hello Chair Harmon and commissioners.
My name is Millicent Bourne
and I am a 16 year old lifelong resident of Chula Vista
and a student of Eastlake High School.
I would like to start by thanking you
for making the time to consider additional action
on the Tijuana River sewage crisis.
I love living in this unique border community
and it has shaped me into who I am today,
but I am deeply concerned about the impact
of this ecological disaster on the health and wellness
of my friends and family.
As you may be aware, Imperial Beach was closed
for 296 days so far in 2025.
So although I live in a coastal city,
I am unable to enjoy beach access for 88% of the year.
These closures are robbing South Bay residents
of special memories and community events.
For example, my brother was so excited
for a beach day field trip in 2022 at YMCA Camp Surf
to celebrate his sixth grade graduation
from Salt Creek Elementary.
But the students had to stay on the sand that day
because the water was contaminated.
My friends and I don't have the privilege
to put down our phones and meet up at the beach
for a day in the sun like the residents of North County.
Instead, we meet at the beach once a month
for beach cleanups with Surf Rider Foundation
while we wonder how the exposure to the air
Santir is affecting us and if we will ever have a clean beach to enjoy. This is
a quality of life issue. Today I asked the Commission to prioritize this crisis
by returning it to a standing monthly agenda item and to assist with more
interagency communication and coordination. We need to work together to
solve this complex problem. Thank you for your time.
Thank you Eric Camberos and then also let me know if I'm missing anyone from
Good afternoon commissioners my name is Eric Camberos and I am a junior who
attends CVLCC high school and I am also a co-chair for the clean coast
collaborative. The clean coast collaborative is a group that I founded
with the main intention of combating pollution in the Tijuana River Valley
while also spreading awareness. I am proud to be a lifelong resident of the
South Bay here in San Diego. First of all thank you for taking the time to
consider additional action on the looming transboundary pollution crisis.
For me one of the biggest impacts of pollution that's had on me was through
weakening the connection between my mom and I. Years ago she and I would go to IB
every weekend and collect shells along the coast. Her favorite shells were the
purple lymphids. I remember it perfectly. Every time I'd spot one I'd immediately
rush to it and grab it just to show her. Now we do not have the same opportunity.
We are now worried for our safety and our health, knowing we breathe in this toxic, odorous aerosol.
We are now worried for our family and friends living closest to the river.
The beach was a factor that united us and something we both love unanimously.
Other hobbies and activities are fun, but none match both the accessibility and variety of activities to do at the beach and the coast.
Needless to say, the Tijuana River is also having a detrimental impact on our ecosystems, wildlife, businesses, and public health.
Living in the South Bay makes me proud for sure.
However, when I look at the pollution issue,
my pride depletes.
I feel ashamed to live in a community
with such a stark issue.
It is for these reasons that I implore the commission
to prioritize the crisis by making this issue
a standing monthly agenda item once again.
Thank you for your time.
Thank you.
And that was our last speaker from Coronado High School.
Thank you all for being here.
We still have another 19 speakers.
I'm just going right into it then.
Next will be Phillip Musagas, Mary Kay Farion,
Isabel Beatriz Rohe.
Phillip Musagas?
Good afternoon, commissioners.
My name is Phillip Musagas.
I'm the executive director of San Diego Coastkeeper.
And just want to echo all the comments you've heard so far
about the need for the commission
to stay involved on this issue.
I want to talk today about water quality data.
So Coastkeeper has been collecting water quality
data from the Tijuana River monthly since last November.
So we just finished a year of data collection.
And I just want to share some of that with you.
In addition to finding very, very high levels
of bacterial sewage, at some points
we found sewage bacteria at 500 times the legal limit, which
is probably not a surprise, but it's still
shocking in many ways.
But we also found a range of industrial chemicals
and pesticides.
And I'm just going to read you a few.
Arsenic, lead, cyanide, acetone, MTBE, benzene, toluene,
and then two types of porethroid pesticides.
And the pesticides in particular we found at levels
that exceeded acute and chronic aquatic life toxicity levels
every time we sampled for them.
We started sampling for these pesticides
about four months ago.
And all of these contaminants that I've listed
along with another 40 or so that I've shared
with Cassidy and commission staff already,
they're all found at detectable levels in the river.
None of these should ever be detected
in a surface water river.
So my request to the commission today
is that you send a letter,
you draft and send a letter to the USMCA.
There's currently an open process or an open negotiation
between the US and Mexico and Canada on the USMCA treaty.
And there's an opportunity to send a letter
to the US Trade Representative.
And I would ask you to consider doing this
and ask for increased funding for border infrastructure
in the Tijuana River Valley,
as well as specifically including treatment
for industrial chemicals.
Because we can treat all the bacterial sewage
through traditional treatment methods
and the expansion plans that we've already talked about today.
But that will not address this industrial pollution.
So thank you for that.
Thank you, Mary Kay Farion, Isabel Beatrice Rohi, John Baker.
Hello, Chair Harmon, commissioners, staff.
Thank you for this opportunity to talk with you.
Impressive presentations from the students.
I come from 25 years of advocacy within,
as a federal attorney within US EPA,
as well as the Department of the Navy,
and had the opportunity to be involved in the USMCA
when we secured the money
during the first Trump administration,
which was quite a success story,
and yet we're still here today.
So I'd like to thank you for your continued leadership
on this issue and taking the time
to consider additional actions on this issue.
You are a bright spot in resource conservation
under the otherwise grim federal backdrop
that we're all dealing with.
I won't reiterate the science on beach closure or inequality,
but just jump to recommendations.
I appreciate staff's recommendations
to have quarterly intergovernmental calls,
but I think the issue deserves more.
It deserves the commission to prioritize this
as a monthly agenda item,
and I recommend that as going forward.
And lastly, I welcome the literature review
that staff is brief.
We desperately need better coordination
between everyone down here working on this
so things don't fall through the cracks,
and so it's clear who to reach out to
on specific concerns or data sets.
These requests are consistent with staff's recommendation.
I appreciate your time.
Thank you.
Thank you.
Isabel Beatriz-Rohy, John Baker, Mike McCoy.
Good afternoon, buenas tardes.
My name is Isabel Beatriz-Rohy.
I was born and raised
and live in an intergenerational household
right here in the Nestor area of my Fronterito community.
I haven't swam in these waters since high school.
I'm reminded of this by these high schoolers
from Coronado High School today.
I turn 25 this month.
I work with the San Diego State University
Department of Public Health during community outreach
for their Healthy Air, Healthy Water Survey.
Of 414 surveys, 75% of respondents
reported upper respiratory health symptoms.
That is three out of four surfers
in the lineup at the North IP Pier.
That's 18 out of 24 kindergartners coughing up
the alphabet in my childhood classroom.
It's 75 out of probably 100 of us that showed up today.
There's no other way to say this.
The truth is that this is disproportionately affecting
socioeconomically disadvantaged communities of color
here in the South Bay region of San Diego.
This community needs a solution now.
How much more data do we need to prove that we matter?
The loss of the local ecological knowledge is immense.
I get glimpses of my childhood
from stories from my dad, but it's fading.
He's no longer motivated to talk about a place
that he can't access anymore, the ocean.
How will the youth stay in relationship with water anymore?
Our Fronterisso community needs to be taken seriously,
monthly, more than monthly.
Thank you.
Thank you.
John Baker, Mike McCoy, Chris Pearson.
Good afternoon and thank you for having me.
I'm John Baker.
I'm a resident from the Nester community.
I'm also retired from San Diego Unified School District
Safety Office Environmental Health and Safety for 33 years.
I personally have been experiencing upper respiratory issues
that I've never had in my life.
I wanna thank APCD for setting up those monitoring stations.
get alerts. Okay, last week it was 160 parts per billion. Okay, I also want to
thank them for the air purifier and the reason why I'm running my air purifier
is not because of the sulfide gas, it's because I'm concerned about aerosolized
microorganisms. Some recent studies that were done show that South County
communities are being exposed to sewage linked bacteria that become airborne
when not treated. There was another study that was done that studied chemicals in
the wastewater and found illicit drugs, chemicals from tires, personal care
products that were coming into the air. Okay, often the sewage crisis is
considered a water issue and it is but we now show that it's in the air too
And this is based on these studies. Two studies were among the first to connect
bacteria and chemicals in the wastewater that flows into the Tijuana River to the
air. So not only are we talking about a water pollution issue, we're talking
about stuff that we're inhaling. And so we're getting upper respiratory issues
okay from these aerosolized microorganisms and we're also getting GI
eye-track issues, okay? Enteric bacteria is being aerosolized. Thank you.
Thank you. Mike McCoy, Chris Pearson, Rochelle Poblana. Hello commissioners. Is
this on, I guess. My wife was a former coastal commissioner. My name is Mike
McCoy and I'm head of the President of the T01 Estuary Foundation. We support
People like Jeff Crooks and the Tijuana National Estuarine Research Reserve.
I think everything has been covered except one thing.
There's got to be somehow put together a nonpartisan approach to dealing with this issue on this
side of the border.
There has to be an international approach on the other side of the border.
There's got to be a long-term discussion about how all this is going to be handled.
We've come a long way.
I've worked on this for 55 years.
We've come a long way, but we're hitting times where we've got 2,330,000 people living in
Tijuana and expected 3,260,000 within 20 years.
If this isn't made a line item on the federal budget and the state budget and it isn't
ongoing every year, we're going to continue to have problems and it's going to get worse.
Everything has been said today in this room needs to be addressed, but it's not going
to be addressed unless we have a cooperative relationship and this is
treated as a regional problem between Mexico and the United States. It's not a
local problem this is a regional problem and it goes from the international,
federal, state, county and cities. So I've been here too long to see some of this
work out. Started with Peter Douglas in 1976 and we've been going ever since.
appreciate your time. Chris Pearson, Rochelle Poblaine, Celia Solis. Chris
Pearson, Rochelle Poblaine, Celia Solis. Nicole Spraylor, Marvel Harrison, Sarah
Davidson, if any of you heard your name. When I started this, I'm stepping in for Rochelle
Poblaine. Good afternoon, my name is Marcelo Uteras-Gaudinch. I'm the founder and
executive director of ASUL, we're an ocean justice organization. I grew up, was born
grew up right across the border. I would love to tell you that I spent all my
time in the water but I would be lying because frankly I had to lie to my
mother to get into the water because even 40 years ago 30 years ago I
actually had to lie to say that I was going to the water because it was already
unsafe and it is still unsafe. I am now the mother of a five-year-old who I
cannot bring to the beach. This is my local beach and I cannot bring her to the
speech. And at a time when our communities are being demonized and persecuted, and one
of the outlets that we could have would be to enjoy the well-understood benefits of ocean
spaces and blue spaces, we are then presented with further violence in the form of all of
these pollution. Far be it from me for abusing a George Orwell quote, but I have to say this
here because it applies significantly. All animals are equal but some are equal
than others and that's what we have here in California. We have we love to talk
about our worldwide famous coast, we love to talk about our coastal axis and yet
we have big black eyes in the form of these few communities that are some of
the few that are working class communities and probably each one of
being one of them, that have absolutely unusable,
unpresentable, invisible beaches.
And this is what we talk about like the oppressive hierarchies.
It is an oppressive hierarchy to make sure
to talk about the fact that this still continues to happen.
Regardless of administration, of ideology, of party, et cetera,
we still have this.
why is this still happening in Imperial Beach?
Would this happen anywhere else in California
that was not a working class community?
I don't think so.
Thank you again for your continued attention to this.
You're one of the few bright lights that continues to do this
and we hope to get you to follow some of the instructions
you got from the folks here, gracias.
Thank you.
Again, Chris Pearson, Richelle Pudley, Celia Solis,
Nicole Spraylor, Marvel Harrison, Sarah Davidson.
Good afternoon, Madam Chair, commissioners and staff.
My name is Celia Solis and I serve as a Senior Director
of Operations for a Soul and Ocean Justice Organization,
working with Latino communities to protect our ocean coast,
just like all of you here.
I'm also a San Diego resident
who has witnessed firsthand the devastating consequences
of the ongoing Tijuana River pollution crisis
for decades.
Communities in South San Diego, San Ysidro, Nestor,
Imperial Beach and the surrounding neighborhoods
have endured chronic exposure to untreated sewage, trash,
industrial chemicals, and stormwater runoff
that flows across the border and into the Tijuana River
estuary and the Pacific Ocean.
This is not just an environmental issue.
It's a public health emergency.
The health impacts of the pollution crisis
are impossible to separate from the daily lived experiences
of our communities.
Residents are regularly exposed to airborne bacteria
volatile compounds released when sewage contaminated water evaporates. This has
been linked to increased asthma attacks, headaches, persistent respiratory and
sinus infections, as well as many other ailments. These harms compound existing
environmental burdens on already disadvantaged border communities. This
crisis is a clear crisis. It's an environmental crisis on justice and
public health emergency that requires immediate intervention by all of you
here and we thank you so much you are as everyone has been saying our North Star and our guiding
hope. Okay so we encourage the Commission to continue advocating for accountability and
transparent timelines from federal and bi-national actors for the expansion and rehabilitation
of the South Bay International Wastewater Treatment Plant. We also encourage the Commission to support
and scale state funded interim mitigation measures while the long-term infrastructure rebuild proceeds.
These efforts would help ensure that residents
and ecosystems stop bearing the brunt while waiting for years
for a comprehensive fix to the country.
Thank you so very much for your time.
Thank you.
Nicole Spraylor, Marvell Harrison, Sarah Davidson,
Ben Rubinson.
Good afternoon.
My name is Nicole Santoyo-Spieler.
I'm from, actually here from IP.
Currently live in Chula Vista, California.
I have to actually admit, I'm going to pit off topic
of what I was originally going to say,
bear with me for a moment. I'll just jump into it. I'm 32 years old and I've had
four colonoscopies in the past five years. I've had pre-cancer's polyps
removed from my lower GI. I was nervous to talk about this, it's public and
private information in public, but I need to make it clear I don't believe it's
direct causation. I don't want to claim it's direct causation, that'd be quite
remiss of me. But growing up here swimming in the water, I used to joke
around people that I'm so local here in IB, I used to eat the sand and that was
the first thing I used to do when I was a baby and look where I'm at now. I'm
young, I value health, I have the great privilege and it's it's quite
unfortunate to say this, I have the privilege to be able to drive to La
Hoya 45 minutes a day to go in the water there. That's where I work, I'm the
assistant director of a photography, wildlife photography gallery up there.
it's to say plainly it's just it's not fair. I come from a low-income neighborhood,
I have to drive 45 minutes up north to have access to water that's going to
help my body, help my mind, help not just mine but my community members.
So I'm just going to echo what you mentioned earlier and quite a few of our
other agencies here. There's quite a lot of people that are really doing great
work to take care of this and we need a unifying entity to be able to gather
the information so we ask out of you we definitely have the information on the
public health side we're getting more information we need more on the
ecological the environmental side so please if we can help collect more
information compile it and have both ecological and the public health spheres
and to a single spot that's accessible to our community members and researchers.
Thank you all. Have a good day. Thank you. We have ten more speakers. Nicole Spraylor.
Oh, that was you. Okay. Marvel Harrison, Sarah Davidson, Ben Rubinson. My name is
Marvel Harrison. I'm a proud IB resident, mother, psychologist, and former boogie
boarder prior to the crisis of the many years that have been going on for decades.
My pediatrician, husband, and I have served on the medical arm of the IB sewage task force
and have spoken in Washington, challenged our governor, spoken to this commission several
times.
There has been some progress, but the day in and day out living has not improved much.
We live 100 meters south of this hotel, a paradise with a horrific human-made disaster.
We can choose not to go in the water, but we can't choose not to breathe the air.
aerosols poisons hundreds beyond hydrogen sulfide have impacted us. The H2S was over
500 parts per billion in May and last week was 160 parts per billion. I'm
diagnosed with reactive airway disease. My husband has suffered an antibiotic
resistant fecal sinus infection. Like the hundreds of illnesses diagnosed on the
Navy SEALs, we can't claim causation but there's certainly likely correlation and
concern. My husband's current infection causing him to be on IV antibiotics,
which is why he can't be here today speaking as a pediatrician on behalf of
children, is being genotyped by Scripps Institute to identify whether it matches
the bacteria found in the River Valley. Mental health challenges of living in a
toxic waste dump or mounting. A UCSD researcher called me in desperation. A
woman she interviewed was suicidal. The woman said, I can't live here. I can't
move. I can't go on. I plead with you to apply political pressure in whatever
creative ways you can to protect the environment, public health, and economy.
Likely you will receive pressure to not fight this. It's happened in the past.
Please have the courage to give voice to this crisis. We're desperate. Thank you.
Thank you. Sarah Davidson, Ben Rubinson, Leon Benham, Coach Jackson. Good afternoon
chair and commissioners. My name is Sarah Davidson and I manage the Clean
Border Water Now program at the Surfrider Foundation along with co-leading
the Tijuana River Coalition. Thank you for the opportunity to comment today. We
support the recommendations made in the staff report and also encourage the
commission to resume monthly updates on as a standing agenda item. Two years of
go many of you were in this very room for a Coastal Commission meeting that
followed a border tour where commissioners at that time were able to
see firsthand how bad the pollution has gotten and hear directly from community
members who have had to live in unsafe air and water every day since then it's
continued to get worse I won't repeat data that's already been shared but I do
want to highlight that pediatricians have voiced concerns about the many new
illnesses they have seen in children living near the main river channel it's
not just a coastal issue, it's affecting inland communities as well. While the
many years of persistent advocacy and data collection have finally brought
much needed focus at all levels of government to this issue and funding of
important infrastructure projects, there are significantly more investment that
is needed in this region to keep people and ecosystems safe. Additionally there
is a growing concern about the unintended consequences that all this
attention will bring to local communities, businesses, and economic development.
While it is certainly important to be mindful of such consequences, let's be
clear. Talking about the issue is not the problem. The pollution is the problem. Not
talking about it won't make it go away. It will only create a void of leadership
and kick the can down the road on much-needed solutions. When there is a
lack of local leadership willing to talk about this issue, it's important to hear
from entities like this Commission to please step up and represent the
interests of local communities and environments. For a second time now in
two years the Tijuana River has been named one of the most endangered rivers
in the nation by American rivers. You must all find the courage to speak
openly about this issue and exhaust every avenue for immediate relief and
ongoing solutions to this crisis. Thank you. Thank you. Ben Rubinson, Leon Benham,
coach Jackson and then our zoom speakers. Hello Chair Harmon and commissioners. My name is Ben
Rubinson. I'm a volunteer with the local Surfrider Foundation chapter. Thank you commissioners for
your leadership on this issue and for making the time to discuss the trans boundary pollution
crisis. As you are aware this is a serious public health and environmental justice issue
that has routinely closed our local beaches. At a local event I attended last year a community
members spoke about her grandkids, how she worries about their health as they
play soccer on the local sports field. Will spending time outside near the
pollution make them sick? Should they stay inside? I urge the Commission to
prioritize the issue by making this topic a standing monthly agenda item.
This creates a platform for the community to express their concerns, ask
questions, and also to hear the latest updates either in person or online. And
continue detention to this matter aligns with the coastal acts goals for
protecting coastal resources, water quality and marine habitats. Thank you.
Thank you. Leon Benham, Coach Jackson. Hello everybody. My name is Leon Benham.
You know I'm from the Citizens for Coastal Conservancy based out of
Imperial Beach and this is the flyer that I sent out to you guys and I'll
I'll just go down it real quick and you know there is a solution and in 2017 the EPA hired
the best engineers in the world called Arcatus.
They put out a 60% plan and then a 100% plan by the EPA and you know they implemented that
plan.
They basically put new pumps in the river in Tijuana that took the capacity from 30
gallons a day to 60 million gallons a day and that sewage was sent to SAB 7 miles south
of the border and because of what we have here called the California Current, those
waters never come back to the United States. While those brand new pumps were on for 120
days, we had clean water here.
Surferable, swimmable, great water.
Well, then our new administration came in
and a settlement agreement came.
That settlement agreement allowed Mexico
to disable those pumps.
And on August 22nd, I mean August of 2022,
those pumps were turned off intentionally.
And from that point till even today,
we, those pumps, only work 16 hours a day.
They don't work at night.
And that sewage that comes across
is basically the industrial waste of the Makila Doras.
We need to find out why the pumps are not working,
because that actually proved what we needed to do,
which was to send the sewage down into Mexico
As it had been since 1984.
Thank you very much.
Coach Jackson, and then our Zoom speakers,
starting with Ramon Chires, Abigail Sylvester,
and Tiffany Curry.
Coach Jackson.
Thank you.
Good afternoon again, Coach Jackson, Coastal Defenders.
I mentioned earlier that our work support system
impacted people and communities, reconnect and protect
the coast, specifically local indigenous youth.
18 indigenous reservations exist in San Diego County.
However, none exist along the coast.
Helping Indigenous youth reconnect to the coast
requires transportation that can include a minimum
of a three-hour round trip that takes multiple months
of logistical coordination to complete.
In addition to the time constraints caused
by displacement closures on Kumeyaay territories,
due to pollution, tremendously limit the time we can teach
water safety, paddling, assess water quality,
and complete our research and monitoring,
which assists the state, reach their co-management objectives.
Systemic barriers and discriminatory laws,
of which we're all familiar,
have prevented these communities from access,
so they are disproportionately impacted
from participating in aquatic research
and recreational opportunities
to include simply using the water to cool off
as we face increased temperatures
and the lack of access to expensive swimming pools.
Thank you for your leadership on this issue,
and I urge this issue to have continued prioritization
to support indigenous guardianship
and the future and current coastal defenders.
Thank you everyone for your testimony.
Chris, for meeting management purposes
for the online speakers,
we're going to go down to one minute
with apologies and great respect for your time.
Just got a long agenda, thank you.
It's my mic, okay.
We just have three speakers.
Ramon, Kyra, Abigail, Sylvester, Tiffany Curry.
Ramon.
Good afternoon, commission.
Thank you so much for visiting us.
First and foremost, I just wanna give a shout out
to our community who's come out strong representing
and you can see how engaged we are.
I also wanna note what Sarah kind of pointed out
was we were able to designate the Tijuana River
as one of the top 10 most endangered rivers
for the last few years in a row.
And I mentioned that the signal
what's happening on the ground.
There's a lot of cross border collaboration between NGOs,
community-based organizations, local agencies
on both sides of the border.
And so what I wanna really emphasize for the state,
for members of state agencies, but also the commission,
is that we need to see more collaboration
between the commission and other state agencies
along with federal agencies.
There's something really beautiful happening on the ground
between all of us.
We're doing everything that we can to find gaps,
to find opportunities to work together
in spaces where maybe perhaps people are not encouraged
to do so because cultural differences.
And so I encourage you very much so to find those gaps,
find those opportunities to support the work
that we're doing on the ground.
Thank you very much.
Thank you. Abigail Sylvester, Tiffany Curry.
Good afternoon, commissioners.
My name is Abigail Sylvester
and I'm the half of the San Diego chapter of the Sierra Club.
In the month of November, San Diego County
saw up to three inches of rainfall in a week,
which is nearly four times the normal amount
for the entire month.
These heavy rainfall events are a stark reminder of the inflated impacts that increased drainage
of a contaminated system like the Tijuana River has on local communities.
With every major rainfall event, there is a sharp spike in the discharge of contaminated
water into the Pacific.
This surge carries pathogens, excess sewage, and according to recent studies, over 175
different toxic chemicals directly into our coastal waters.
This threatens marine life, puts the health of coastal communities at risk, and inevitably
leads to beach advisories and closures that restrict public access.
things that completely undermine the commission's core mandate and Coastal Act goals. We cannot
control the weather, but we can mitigate the risk. We ask that the commission takes action
against these issues by prioritizing this crisis and returning it to a standing monthly
agenda item. The Sierra Club believes that everyone deserves clean air and clean water
365 days a year, and we will not stop advocating until all residents of this region have access
to that. Thank you.
Thank you. Tiffany Curry. And then we did find one more speaker, Courtney Baltiski.
Tiffany Curry.
Good afternoon, commissioners. My name is Tiffany Curry and I'm here on behalf of Outdoor Outreach and as a facilitator of the Tijuana River Coalition.
The Tijuana River pollution crisis continues to shut down public access to our coastline.
When the beaches are closed, opportunities for our communities to connect with and benefit from time outdoors becomes more inaccessible.
Your ongoing support for programs like the Whale Tail Grant is essential.
These grants support critical outdoor programs that are often the only way underserved communities
can safely experience and learn from the coast.
I'd also like to bring attention to the San Diego Regional Water Quality Control Board's
need for adequate resources.
There are a ton of projects coming down the line, and we would hate to see a bottleneck
created because of inadequate resources.
If we are serious about solving one of the largest environmental crises in the U.S.,
we need people on the ground who can do this work.
We thank you for your continued leadership and commitment to equitable coastal access
and addressing this pollution crisis.
Thank you.
Thank you.
Courtney Baltiski.
Good afternoon, Coastal Commission members and honorable Chair Harmon.
My name is Courtney Baltiski.
I'm a resident of Chula Vista and a team member with the YMCA.
Where a YMCA overnight camp, Camp Surf and Imperial Beach has significant operational
impacts to the pollution crisis.
This includes expensive and cumbersome process to help get youth participants to open beaches
as well as a revenue loss of multi-millions of dollars.
It's for this reason that the Y helps administer the Tijuana River Coalition, a group of over
60 organizations dedicated to sustainable solutions to fix the existing infrastructure,
prevent further harm, and heal the communities impacted by the pollution crisis.
We urge the Commission to re-prioritize this issue by making it a standing monthly agenda
item and supporting critical state actions. This could include helping to bring together
entities and jurisdictions at all levels to navigate the shared space and communication
with the public as well as compiling existing data in one place that is easy to access.
Thank you so much.
Thank you. We just had one other speaker that we weren't able to find, Victoria Aberniga.
victory if you're on zoom please raise your hand I'm seeing no hands raised
Madam Chair thank you very much Chris and thank you so much to the public for
your advocacy and you're very moving very moving testimony we really
appreciate your patience and you sharing with us so we are going to take a break
now before we bring it back to the Commission and I'll turn to director
for Hucklebridge and Ms. Warren.
What time do we think we'll be back?
We should plan to be back at 2.45, okay.
Two commissioners will be having closed session,
but to the public, we anticipate returning
to public session at 2.45, thank you.
All right, thank you everyone.
Thank you very much for your patience during our break.
Okay, so we left off with that
really incredible public testimony,
and I will return to the commission
for questions, comments, conversation
regarding the informational update
on the Tijuana River Valley.
Commissioner Escalante.
Thank you, Madam Chair.
And first and foremost,
I have to express how impressed I am
by this community of Imperial Beach
and District 1 to San Diego County.
I mean, I knew from being friends with, you know,
your supervisor, Paolo Magearian,
our former vice chair here,
that pretty exceptional people live here.
But today was another reminder of that.
And the, especially the kids, I, you know,
it's rare to see such a big group
of extremely effective presenters and advocates
all at once.
and those kids are quite have some incredible chops.
So I just encourage them to continue.
The more you do it, the easier it gets.
And really, you can only have any kind of power or influence
if you're in the room, if you're there,
if we're hearing your voices.
And we have and we do and because of that,
I mean obviously, the situation is enormous.
Has lasted for so long.
Every day it's having more and more detrimental impacts
in this community.
So I do think, especially since at least we have the bully
pulpit in the forefront, I would like
to see this come back with more regularity to the commission
to have this discussion and give the community the opportunity
to come up with the app, tell us what the updates are,
but also give them the opportunity
to organize themselves and organize this community around.
So I hope that we can consider bringing this back
on our agenda with more regularity.
Thank you.
Thank you.
Commissioner Nada.
I wanted to say also how effective the presentations were
and it does seem like there is,
there has been a lot of hack, you know,
there's been activity not enough, of course,
but and I also wanted to just reassure the public
that our staff is looking at this all the time.
It's not always, it hasn't always been on our agenda,
but I think our existing, our understanding is that
if there's something that we need to weigh in on
or there's some comment period,
then it will be on our agenda.
So, I mean, I too, I'm fine with it going back
on a just a monthly update,
But I think we had kind of gotten to a point
where the staff was recommending that it would
be on an as-needed basis.
So that was kind of my understanding
of where things stand now.
But the commission itself is on this all the time.
So it's not something that is slipping anyone's mind.
So that would be my thought on that.
and I wrote down another one.
Oh, there is, if there's some money available,
the Coast Keeper mentioned there might be
some money available and if we could add our voice
to help the odds of getting that,
I think that's a very good use of our time.
Thanks.
Thank you.
Commissioner Jackson.
Thank you, Madam Chair.
Thank you to all the speakers who came out today.
It's heartbreaking to hear the stories,
to smell what you smell, and to get
a sense of what you all deal with every single day.
The consequences of just simply living
and trying to live your day-to-day life, it's compelling.
I drove down yesterday.
I'd never been to Imperial Beach.
As I'm driving through, I'm like, oh, man,
this is beautiful here.
It's so charming.
And as soon as I open the door, I said, ah, yeah, I get it.
walked out to the beach, overwhelmed with its beauty,
very few people.
So one dude surfing.
I was like, wow, that's a brave dude.
It's gut-wrenching.
And I couldn't help hearing the stories.
And I was, all of a sudden, Flint, Michigan
came into my mind.
And I was thinking about the inequities in Flint, Michigan
and how that wouldn't have happened
in a more affluent community.
And I started drawing off of some
of what the speakers were saying today
that this wouldn't be happening, or there'd be more attention
if we were somewhere else other than South, South, South
California.
And maybe this is two questions that came to mind.
We had a speaker this morning that talked about all the trash
that's collected with the booms.
And I was, of course, seeing that film, that photo.
And I'm like, OK, well, what are they doing with that trash
that's being collected?
Is it going?
Where's it going?
That was one question that came to mind.
And then I all started thinking about,
we have a significant naval presence here,
and the Navy brings federal dollars.
And with this Make America Healthy Again movement,
I can't think of a more significant cause
that would bring the eyes of the federal government
with the Navy's presence.
The Navy's invested in this community.
They have sailors that live here, work here.
They have civilians.
They have family members that are
part of this community as well.
And from my days in uniform, I know
that Fort Bragg and other bases have
had issues with drinking water and soil contamination
and all that.
And I know that I've heard our Secretary of Defense
last war, talk about wanting to invest in better facilities
for sailors and airmen and soldiers and Marines.
So I know there are a lot of smart people that
have been working this issue.
I'm just the Google armchair quarterback
and trying to think through a couple things.
And I go, the best way to bring real money and real visibility
is with the Navy, because the Department of Defense
has the deepest checkbooks around.
And I'm sure the Secretary would love to come down
and do some pull ups with the Secretary of Health
and Human Services.
I think it'd be a good opportunity to the extent
we can get those eyes on this issue because it is significant.
I can't think of a greater public health
crisis in the country right now that is impacting so many people
generational impacts. And I think it would be nice for some folks too. I'm in Southern
California, I'm in LA, and you know, it's heartbreaking that the kids and the surfers
cannot enjoy this coastline. I mean, I was thinking about my kids who, you know, my kid
gets up at six o'clock in the morning, goes surf at 6.30, right? And it's heart wrenching
that the folks who live here who have this great beach
cannot do the same.
The junior guard program, it's a fantastic program.
And the fact that that can't be fully implemented here,
and you've got sand days because the water quality is so bad,
it's absolutely heart-wrenching.
So to the extent we can help magnify this,
but I think to the extent we can bang the drums with the Navy,
because the Navy will give you significant eyeballs
and the POD pockets and was the draw from,
so my two cents.
Thank you, ma'am.
Thank you, sir.
Commissioner Preciado.
Thank you.
I wanted to thank my fellow commissioners
for their advocacy and their continued engagement,
but I want to direct my comments to the staff.
I really appreciate the efforts of Mr. Cassidy
and his team that have been looking at this
as I've been approaching this challenge
and what the role of the Coastal Commission can be
is we've mentioned it already.
It's bringing attention to a very challenging situation
that is a bi-national or an international challenge
because it is not necessarily something
that a developer requested a permit of Imperial Beach
and is now polluting.
This is an existing bi-national, international challenge.
And that's why it's so extraordinary.
One of the speakers mentioned that Tijuana is poised
to grow to 3 million people.
Right now it's about 2.3.
I would also tell you that for the last 30 years,
it probably has experienced 1% unemployment.
The reason for that is the extraordinary investment
from US and other international employers
that come and locate right on the border.
And I think that was a missing element
in our discussion today.
And I think that is why a few years back
the renegotiated NAFTA agreement agreed
to invest $300 million in mitigating
for the impacts of this continued economic activity
across the border.
On a personal note, I've lived in this community since 1980.
I grew up a few blocks from that development
that the county supervisor is focusing on, that crossing.
You go down Hollister Street and you face that specific crossing
and you see that challenge.
So I went to elementary school, middle school,
high school within a mile radius of all of these areas. My parents live in the community.
My brother lives right next to the Naval Air Station that adjoins the Tijuana Slo.
So our families are very much a part of this. I took a university faculty member to dine
at the Brigantine that is about a block and a half from where you guys are located. We went in
When we came out, the impact was foul. And I just can't imagine how other communities
experience this kind of contamination and pollution on a daily basis.
And to that end, I would encourage the Commission to see if we can,
at least when we meet in San Diego, have an item on the agenda with an update.
Number two, I want to encourage the development of the scholarly resource or the receptor
that we'll receive and maybe bank all of the scholarly papers that will help policymakers
influence how we take on this super challenge. Right now, the paper or the
the annotated bibliography has papers on water quality
and papers on ecology.
And I'm wondering if we can start collecting papers
in the same space about the impacts,
the impacts on all of us who live in this community,
the impacts of not being able to use the ocean,
the impacts of not being able to recreate
to exercise, to do all of the things
that one does in a beach community.
And last but not least,
I do want to acknowledge the movement.
You heard from speakers,
not just from Coronado High School,
but you heard some as far away as East Chula Vista,
which is about 11 miles from the beach.
But I'm glad that the youth are staying involved
and I'm glad the community is also getting connected.
Oh, pardon me, that the community is connected, advocating for itself.
And last but not least, I think we need to take up and agree with the work of the supervisor.
They seem to be coordinating efforts, and I'm hopeful that we can join their coordinating
efforts and not start a new group, but be part of existing localized advocacy that is trying to
bring federal, state, and local efforts into some sort of integrated strategy to deal with
the many challenges that we face with this pollution. Thank you very much, Madam Chair.
I just wanted to offer those comments and end with an appreciation to the staff.
I think when I started my inquiry with them, I wanted to disabuse the public that the commission
could be the problem solver that they were looking for. What I wanted them to gain is
an understanding of in the whole challenge that is faced by this community, the commission has
a role to play and that we can take affirmative steps to strengthen the role we play as things
emerge that we can contribute to. Thank you. Thank you, Commissioner. Commissioner O'Malley.
Thank you. Okay, thank you, Chair. I'll be brief. First, I want to thank the staff for putting
together where I'm kind of seeing as like this information clearinghouse. You know,
I've been familiar with this issue for over 15 years. And we know so much more about the impacts
of what's happened now than we did 18 months ago and five years ago. And it really is important,
and I'll back up what Commissioner Presialo said,
to have this data in one place to help inform the policymaking
that needs to be moved forward, right?
I think also, Commissioner Notoff mentioned,
if there's anything that we or the staff
could do as far as getting money to find out more information.
Now, we've always known that bacteria
sources in the soil, water, and everything is terrible.
But some of these chemicals that have been
banned in the states for decades are still
finding their way into our beaches
and our neighbor's children.
And so I can't stress it enough.
I think as far as updates, I don't ever
want to over capacity staff.
I do think some sort of regular thing,
whether it's in writing or even just when we're in San Diego,
would be helpful.
But I also want to mention to folks in the public,
remember that we are still looking at this each month.
And you are always welcome to come to non-agendized public
comment to give us updates on the issues that
are in front of you.
And then lastly, I just want to point out,
which I think I'm not going to bring some sort of great wisdom
to this, but I think I see this as something
that's been going on so long.
The high school students that came today
is really heartbreaking.
I myself grew in a place where you couldn't be in nature
because of pollution.
And it really helps.
I mean, it really harms your psyche in some way
and look at nature in a different way.
So these are the young children being impacted by this.
I go back 15, 20 years ago, where now supervisor Paloma,
Aguirre, before that, she, I was working alongside her,
she was an activist at Wild Coast,
still bringing the effort to this
to try and get this on people's radar.
And the woman, Masikic, who gave the presentation
for Paloma today, actually 15, 20 years ago,
was a hardcore advocate for Surfrider on this issue.
So some of us have been dealing with this,
but I'm gonna go back further.
There's a gentleman here, Mr. Mike McCoy.
He had mentioned he's been around this issue for 55 years.
And let me tell you, he is a legend in this community
for his work on the TJ area and South Bay.
So I just want to commend him.
When you see someone who's a sophomore,
and you see Mike show up, and there's
all the folks between, including you all and all of you,
I've never felt particularly optimistic
about solving this issue.
But I will say, I feel more optimistic about it now and the attention has been drawn and the things that are happening that I really hope we can get there.
And I'm just glad that we have been able to play some part of it. So thank you.
Thank you, Commissioner. Commissioner Eckerly.
Thank you, chair.
I also want to appreciate the detailed presentation from our staff and all of the heartfelt public comment from everyone who showed up today and joined us via zoom.
I'm really impressed with the high school students who came here and spoke, it really gives me hope for the future and for my two young kids.
Since 2019, the state has allocated $35 million in funding to address the pollution problem in the Tijuana River Valley and support cleanup efforts.
This includes installation of trash booms, maintenance of sediment basins, and modeling
to forecast the presence of pathogens in coastal waters.
It's been heartening to see the points of progress that we heard today, and yet this
is still an unacceptable crisis for the community and for our coast.
This point was referenced in Ms. Sikic's presentation, but I want to provide a little bit more detail
on the climate bond funding.
This is otherwise known as Proposition 4.
The climate bond allocated $50 million for projects that will address water quality problems
arising in the California-Mexico cross-border river and coastal waters within water quality
projects in the Tijuana River watershed.
This includes Tijuana River and the New River watersheds.
The legislature appropriated this funding in the fall to the State Water Resources Control
and the board is actively identifying priorities to disperse these funds. So
while we know it's quite likely not enough it is a very meaningful start
and I'm looking forward to seeing that money get into the community. Just one
final point on recommendations for bringing this back to the Commission.
Mr. Toifel suggested that there would potentially be an opportunity for
for quarterly collaborative meetings, I would like to suggest that maybe the Executive Director
includes in her written report or verbal report on a quarterly basis updates from those collaborative
meetings and then obviously as emerging issues come up, you know, that are more timely to
raise them as they come up. Thank you, Commissioner. Before we go on, might I suggest, Director
Huckelbidge, that you respond on the timing of updates? I think you can hear we're all
very focused on this, thank you.
Yes, thank you, and thank you for the members of the public
who raised this issue.
As you all know, we did have monthly updates in the past.
I think moving forward, I wanna make sure
that whatever we decide on is useful, right?
That we're, you know, we have a lot of things
that have to go into our scheduling pot,
and I wanna make sure we make best use of staff time
and your time and the public's time.
So I would recommend, so I would like a little discretion,
I think is what I would ask for from you all
in determining what makes sense.
I really like the idea of doing an update
the next time we're in San Diego.
That makes sense to me.
We'll be in the community, and it's timed, I believe.
Well, I think we're not back in town until June,
so we will for sure have something to say in June.
But I can also commit to, as we pull together,
if there are these quarterly meetings,
providing updates in my executive director's report,
and if there is something to report
and maybe provide an opportunity for public comment,
we can always agendize it and I just I would like a little discretion from you
all and when to schedule that for times that it makes sense for the again for
members of the public for location and for our schedule so that we're planning
it well thank you very much that's very helpful and I think we all know how
focused our staff is on this issue as well thank you commissioner Wilson thanks
I just want to, as an engineer, and as a watershed practitioner, what I want to say is that everything
that was discussed here today is right and important, and the impacts are real to the
communities that feel them and have them, and the solutions are hopeful, but feel sometimes
somewhat elusive, I think.
And I want to thank the staff for compiling this comprehensive literature review.
I think it's great documentation.
I guess from my perspective, it is, and I think Mr. McCoy brought it up, it is a trans-border
issue in a lot of ways.
I mean, most of the vast majority of the population that lives in this watershed lives in Mexico,
doesn't live in the United States.
There are huge areas of those populations that are completely unserved when it comes
to public health, when it comes to public infrastructure, wastewater, storm water, all
those things.
No one in those communities wants it to be that way.
They are subjected to an environmental injustice as well in this situation, and yet addressing
those issues in those communities has actually benefit, positive benefit to the communities
on our side of the border as well. As a matter of fact the best way to deal with pollution
is at source. Tailpipe engineering in general is sort of the least effective and most expensive
way to deal with pollution and we see that in our own vehicles, we see that in our own
systems and we see that in manufacturing and everything else so and I know the
issues around that are somewhat political I get it they they and and in
some ways we don't want to lose track or or lean away from or have any less
focus on our the communities that we're trying to represent here in in the in
in this area specifically.
But it just needs to be recognized.
And in some ways as well, particularly
near the Maquiladores and other places like that,
these are companies, and many of them with US origins,
that are polluting these watersheds.
And we are buying those products.
And so without the responsibility,
and then the pollution from those activities,
and including the uncontrolled development
that occurs, or what we call sometimes peri-urban development
that occurs around those areas that are manifested
by our consumer needs, right?
And then now that pollution is coming down
and we're being impacted by that.
I think we should be thinking about that
in terms of making those that are responsible.
And the word responsible means to be responsible
means we have to have the ability to respond.
And I would say that the companies and producers
have the ability to respond to this more
than the poor working folks that are just
trying to make a living in those spaces.
So again, source reduction is often the most effective way
to get to what you're trying to, when
you're trying to reduce pollution.
Again, I'm saying these things not
because I think that we need to distract from all the things
that we're here today and I want to say that we need more infrastructure and investment
and I'm thankful for that almost half a billion dollars that the U.S. has worked with Mexico
to invest on that side of the border but we also need to, I'm just saying this is really,
it's hard. Politics are hard, engineering is hard but the realities is we just need
to acknowledge that the communities on both sides benefit when we actually can do the
work that needs to be done I want to thank this commission I want to thank
the public especially the students that came in today because they're just
they're just getting going their muscles are just getting their activism muscles
are getting moving and they're gonna they're gonna be here in these seats in
very short order so I'm looking forward to that day and I do I do have more hope
today than I did two years ago when we were here and so I want to thank the
Commission for bringing this to it forward again thank you Commissioner
Commissioner Escalante I'll give you the last word very briefly please we need to
have real quick just because I started the whole thing with the time and
definitely don't want to burden our staff although I just the fact that we
bring this on a state with a statewide lens and the commission gets so much
attention that in itself is the service to the community so I agree with
Commissioner Preciado that Commissioner um former Commissioner Aguirre and they
have a pretty good sense of kind of how things are moving.
So I would welcome them to sort of nudge us
to put agendas issues, sort of work with that partnership
so that we're highlighting what's
most important to the community and the type of conversations
they want to have at a precise moment.
Because today, I think I'm responding
to the community's desire for our leadership
just because I think that it's been helpful so far
to move things along, so if we can help like that,
definitely don't wanna give us more work,
but I wanna be able to facilitate as much as possible
this conversation.
Thank you.
Okay, thank you very much,
and our thanks to everyone
for their continued engagement.
With that, we are going to move on.
That brings us to item 6G.
Yes, thank you.
that's the informational update on the sea lions at La Jolla Cove and so we're
just gonna switch out staff here and just a heads up everybody it's 3 30 and
we have another informational item before we get to the rest of our agenda
which is pretty sizable so my request for everybody and that includes staff is
to just be as brief as you possibly can to get your point across we're gonna be
here late and we're we are committed to doing it but if you can help us not be
here so so late that would be lovely so thank you okay and we have a
presentation for this item there we go good afternoon chair and commissioners
in response to public comment at recent Commission meetings staff has met with
the city of San Diego on several occasions to discuss options for
managing the ongoing threats to human and sea lion safety at the La Jolla Cove
Today's presentation will focus on the history of Commission actions to protect the seals
and sea lions that haul out on La Jolla beaches, which will be followed by an update from the
city on their latest management strategies to reduce sea lion harassment at the Cove.
Next slide, please.
La Jolla Cove is part of the City of San Diego's certified local coastal program.
Previous permits, as will be explained throughout the presentation, have been processed as consolidated
CDPs, given that the La Jolla beaches are split jurisdiction, with the city's
jurisdiction extending to the toe of the Bluffs and the Commission's including
sandy beach areas and coastal waters. Chapter 3 of the Coastal Act is the
standard of review and the city's certified LCP is used as guidance for
consolidated permits. Thus, if any access restrictions are needed at the Cove in
the future, the city would propose such restrictions which would be reviewed by
the commission through a consolidated permit. Next slide please. Seasonal and year-round closures
have been permitted by the commission at a few La Jolla beaches to protect the pinnipeds as shown
here. Point La Jolla and Boomer Beach are currently closed to the public year-round except for ocean
access, while Children's Pool is closed seasonally during pumping season except for ocean access.
The first access restriction was requested by the city in the 1990s and included establishing a 1.4
acre marine mammal reserve consisting of coastal waters and sandy beach surrounding seal rock
with all public access and recreation prohibited through two five-year permits that expired in 2006.
Attention turned to nearby children's pool where controversy arose when harbor seals began to
regularly haul out there in greater numbers. In 2009, the city approved a CDP for the annual
placement of a temporary rope barrier at Children's Pool to provide a buffer between people and
seals during the popping season from December 15th to May 15th as seen here. In 2010, the city council
adopted a resolution establishing a new shared use policy at Children's Pool and directed city staff
to acquire a CDP to maintain a year-round rope barrier, amend the LCP to prohibit public
beach access during seal-pupping season, prohibit dogs on the beach, seek grants or private
funding for a full-time park ranger and to create a volunteer docent program, and establish
clear signage explaining the rules to the public.
The Commission approved the rope barrier for a limited term of three years in 2012.
Despite the shared use policy, accidental and intentional harassment of the seals continued.
Thus, in 2014, the Commission approved the City's request to implement a seasonal closure
during puppying season to protect the animals during the most vulnerable time.
This approval was limited to 5 years.
In years since, the Commission has authorized extensions of the permit terms for the guideline
rope and seasonal closure, and thus both measures are currently in effect until 2029, at which
point the city is anticipated to request another extension. Next slide please. In terms of
California sea lions in 2017 the city submitted a CDP application for the installation of gates
at two beach access stairways at La Jolla Cove highlighted in yellow on the slide to prevent
sea lions from going up onto the public viewing deck and park. The city indicated that sea lions
periodically ascend the stairways during the day and become aggressive due to the large number of
visitors on the deck. The sea lions were also observed spending the night on the deck causing
health hazards for visitors and the lifeguards. The Commission approved the gates with conditions
to protect public access for five years. Next slide please. More recently in 2022 the Commission
approved a CDP for the seasonal closure of Point La Jolla and Boomer Beach during sea lion puffing
season which was the follow-up CDP to a city emergency permit to close the area during puffing
season. However, due to continued harassment of the sea lions, that permit was amended in 2023
to extend the seasonal closure to apply year-round and install a permanent gate at the top of the
access stairs. Next slide please. In 2023, the city submitted the final long-term management plan
in compliance with the permit for the year-round closure of Point La Jolla and Boomer Beach.
The management plan includes several strategies, including re-implementation of the city's volunteer
Program and enhanced ranger education and training to manage the area. While these measures are
intended for the Point La Jolla area, given the proximity to the cove, the plan has helped to
reduce instances of sea lion harassment there as well. Additionally, the city has revised the
monitoring plan to allow the park ranger required to monitor Point La Jolla to also patrol the cove
shown here. Next slide please. Finally, the National Oceanic and Atmospheric Administration,
or NOAA, are the enforcers of the Marine Mammal Protection Act, or MMPA, which prohibits the
harassment of marine mammals. Commission staff have connected with NOAA regarding human-sea
lion interactions at the cove. However, NOAA has extremely limited enforcement capacity and are not
able to engage on this issue due to the need to prioritize threatened or endangered species.
While sea lions are a protected species under the MMPA, they are not listed as threatened
or endangered.
Staff are continuing to monitor the situation and will continue to update the commission.
This concludes staff's presentation and next, the City of San Diego is here to provide their
update.
Thank you.
Good afternoon.
My name is Andy Field.
I'm the Parks and Recreation Director for the City of San Diego.
It's great to see you all this afternoon.
We have with us today several of our staff from the city including our Assistant Director
Karen Dennison, Chief Park Ranger Michael Rees, Senior Park Ranger Joel Prespero, and
we have Cherlyn Cack, Senior Planner and Deputy Director Patrick Hadley.
Additionally, Emily Pyotanese is here from Mayor Todd Gloria's office, although she's
here virtually, and she along with Council President Joe Lacava, their office has been
coordinating with us to make sure that we're bringing together our
recommendations and our plans to address this ongoing situation. Next slide please.
This overview provides a list of some of the topics we hope to discuss with you
today including an overview of the shoreline parks in the city of San Diego,
the role of park rangers, signage that we have planned and developed in
partnership with our various contacts in the community, and then also talk about
tourism engagement and possible future enhancements. Next slide please. City of
San Diego manages over 13 miles of shoreline from Torrey Pines City Park in
the north to Sunset Cliffs Natural Park in the south. In 2024 City Beaches
hosted 27.8 million visitors. During that time 2.3 million of those visitors
came to La Jolla Cove and they visited from not just within the region or
within the state, but nationally and internationally.
Common activities at the cove include swimming,
boating, snorkeling, and sightseeing
with a no float zone in the cove itself.
Park rangers provide support for all of our shoreline parks
with a focus on Point La Jolla and La Jolla Cove.
Next slide.
Key areas of focus include public safety,
marine wildlife education, protection and monitoring,
visitor information and education,
as well as collecting data.
Next slide.
Shoreline Park Rangers are onsite at La Jolla Cove
and at Point La Jolla,
during the following hours that are adjusted seasonally.
The winter, the timeframe we're in right now,
is daily, nine to five,
and that coincides with roughly
when the sun sets in the evening.
In the springtime, that shifts to 10 a.m. to 6 p.m.,
roughly from March 6th to May 26th.
then in the summertime it adjusts again to 11 a.m. to 7 p.m. to compensate for
the later sunset times, and then the early fall it shifts back to 10 a.m. to
6 p.m. Next slide. This map here will show you where our informational table
is located at for Shoreline Park Rangers to attend to the various needs of the
Cove and the Point. Eight Park Rangers are assigned now alongside ten
volunteers. Monday through Thursday you will see one park ranger that rotates
every two hours to maintain continuous coverage of both the cove and the point.
Friday through Sunday as well as holidays you'll see two park rangers
rotating every four hours and they are supported with volunteers at that table.
The schedule aligns with the coastal development permit requirements for
management and monitoring of Point La Jolla while also serving the needs at
at La Jolla Cove.
The sea lion puppy season extends annually
from May until October.
We are always happy to welcome additional volunteers,
and those that are interested can see me
after the presentation or visit sandago.gov
for more information.
Next slide.
Park Rangers have been adapting
a standard communication protocol
and consistent messaging over the past several months.
These communications are focusing on the safety
Park patrons as well as the safety of the wildlife. On December 7th, Park
Rangers began to conduct hourly standard safety messages via bullhorn to announce
to the public the importance of staying away from the marine wildlife. This
standard message is shown on the next slide. The standard reminder to Park
patrons presented hourly is as follows. Attention Beach visitors please respect
the marine wildlife in this area. The National Marine Fisheries Service
recommends maintaining at least 50 yards of distance from seals and sea lions to
avoid injury to you or to the animals. Please move away from the sea lion or
harbor seal. This same public announcement can be repeated whenever a
park ranger observes a park patron getting too close to the wildlife.
However, if park patrons do not respond to these announcements or get too close,
the park rangers can repeat that message while incorporate specific
identifying information about the person or people that are getting too close so
we can modify the message to say as an example attention Beach visitors the
person wearing a red shirt and blue pants with black cap must please respect
the marine wildlife in this area and then continue on with the rest of the
message hand gestures are needed because not everyone speaks English and we want
be able to communicate to be sure people stay back from the animals. We've even
encountered this when a group of deaf tourists came to the Lekov and were
unable to hear what was being broadcast via bullhorn. Now if there is no
compliance received, we can go to a third and final announcement which calls out
that offender, the person in the red shirt and blue pants, but also indicate
that their actions are being documented and will be forwarded to federal law
enforcement for review. As these announcements are made, Park Rangers will
try to make them audible and difficult to miss. The best place to achieve that
is from the talk walkways near the main entrances or on the staircases that
flank both sides of the cove. If compliance is not reached, Park Rangers
may come to the beach sand to make the final most direct statement to those
offenders who have not yet complied. Park Rangers staff have indicated that these
These three warnings over the last several months have started to change behavior in
the cove and has resulted in additional compliance.
As park rangers do not make arrests, if we have continued resistance to direction, park
rangers are instructed to reach out to the San Diego Police Department for final enforcement
action.
Safety of people and marine wildlife remain our focus at the cove and at the point.
Next slide.
This graphic shows a number of public service announcements that have increased over the
last several months. From 66 in August up to 156 in September and then for the
first few weeks in November it's at 158 and of course growing as we just
completed that month. These encounters focus on both the wildlife and marine
safety issues but also have total 500 interactions more than what we would
have seen say a year ago. Next slide. The work of the park rangers to gain
compliance has been central to the goal of keeping La Jolla Cove open to the
public. There is no plan by the city to change that posture. We do intend to
keep the Cove open to public access. With the park rangers now at full
strength, the city anticipates continued and increased enforcement will result in
change behaviors to align with the safety needs of the area. Next slide.
Since August, city staff has been conducting a sign audit and created a
draft sign. Before we get to that I want to thank stakeholder groups such as La Jolla Parks and
Beaches and the Sierra Club who have been instrumental in helping us develop new signage
to improve clarity for those visiting the cove and the area around it. Much of the existing
signage is concentrated where those two red circles are on that map at the northern and
southern entrances. Next slide. This graphic here shows you just how many signs you'll find at those
two red circles and there is over half a dozen signs at each location. This in
turn creates confusion and doesn't align necessarily with the same degree of
messaging we wish to see here. Next slide. And this is the proposed new sign that
we have developed. It is still a draft and has not been finalized yet but it
consolidates the key information that you saw in those individual signs and
makes them clear. Especially the most important piece related to the wildlife
interface, which is to keep that distance between park patrons and the marine mammals.
Additionally, it has the standard signs that are related to regulations as well as the
fact that this is a marine protected area.
The sign audit not just looked at the clarity and the level of regulations, but also tried
to decrease redundancy and increase that clarity.
We also moved towards more of a visual imagery and icons with picked graphs to help clarify
for those that may not be able to understand the sign from a distance.
Next slide.
This mock-up shows you where those slides would be located at, and you can see they
would be situated right next to the two main entrances on the north and south side.
Now when we went through the process to develop this, we connected with the California Department
of Fish and Wildlife as well as with the National Oceanic and Atmospheric Administration to
review this draft sign, neither of them had any particular feedback other than to be satisfied
with the direction that we're heading in. However, there are some more feedbacks that
we have from key stakeholder groups that we just received last week in a meeting, and
our goal is to continue to evolve this sign so that it really does speak to the needs
of the COVE. We continue to welcome and appreciate the public feedback received to date. Next
Next slide.
Another topic that we discussed previously has been the tour bus operators, and what
we're working on here is trying to increase the park ranger's interaction with those drivers
and tour bus operators.
We're trying to address traffic safety, drop-off locations, overcrowding, and resource interpretive
information for those that are on those buses.
And we had those outreaches, a dozen or so outreaches per month over the last four months,
we see more of that coming forward. As we evolve the sign, we hope to make this into
a handout to be given to the tour bus operators and we're also going to continue to work with
the San Diego tourism authority to develop reference material for the tour bus operators
so that this area can be operated safely and that patrons of those tour buses are familiar
with the rules and regulations associated with this precious resource.
challenge with a tour bus is trying to find a suitable drop-off location. They tend to
do their drop-off right in front of the lifeguard station creating a traffic mess on Coast Boulevard.
We have been trying to direct those buses to relocate and drop-off where that yellow
star is on the map, and that's represented by the picture on the right. That's temporary,
though. We're hoping to develop a more formal drop-off process with a designated location
in the future.
Next slide.
And as previously reported, we are
looking at eventually getting a camera on the site,
as well as creating a viewing deck.
These are a little bit further out
as they require more resources, but we
are still moving in the direction of trying
to address those as well.
Next slide.
And in closing, I want to thank you all for taking the time
to be involved in this.
It really is a village effort to try
to get us to where we are today.
We appreciate the stakeholders, we appreciate all of you,
and everyone in San Diego who has taken an effort
to try to improve the way we operate the COVE
and make it a better place for all.
So that concludes our presentation,
and I haven't taken any questions.
Thank you very much.
Thank you very much, Mr. Field, appreciate it.
Any further comments from staff
before we go to public comment?
No?
Okay, thank you.
With that, we will turn to public comment.
Chris.
All right, then we have 15 people signed up to speak
We first have the presentation from the Sierra
Club Seal Society
Ellen Shively Ron Askelyn and Nathan Brenner. They've all requested three minutes each
Then Ellen Shively. We have a video for you. Let us know when you want it up
Thank you
Coastal commissioners for coming to our area and listening to our situations down at the beach
I am Ellen Shively a member of the Sierra Club's Feel Society.
I'm in this video you're about to see you will see real evidence of why we are
asking for your vote for a meaningful management plan for both visitors and
the marine mammals at La Jolla's beaches. Thank you for your consideration of this
This is another day in the life at La Jolla Cove, November 2025 edition.
Our docents have become de facto rangers asking people to stand back when our main role is
education.
We also aren't allowed to block the stairs, use cones, tape or megaphones.
Visitors continue to crowd the sea lions at the cove for their up close and personal encounters.
are not allowed to block the stairs. Marine Mammal Protection Act violations occur on
a daily basis and these are male sea lions that are attempting to engage in territorial
fighting behaviors. Male sea lions can weigh up to 800 pounds and have very powerful jaws
yet people continue to encroach upon them.
Other behaviors are important
for the sea lions to haul out on the sand
that include nursing, thermoregulation,
and just overall rest,
since they can be out to sea for days at a time.
Our docents, again, continue to ask people to stand back.
Bus loads of people continue throughout the day.
And oftentimes, sea lions do get flushed
spooked by people. This also disrupts all of the natural behaviors that are critical to their
survival. But people continue into the evening. You see our docent there. She's been out there
for hours and hours at this point and continues into the night. Rangers are thankfully seen more
frequently standing above the cove though still inconsistent and with often difficult to understand
announcements. In this next clip, you'll see a rangers announcement is somewhat effective,
although people retreat back to the sea lions very shortly thereafter.
It's just difficult to be effective from all the way up here.
Ron Askeland and Nathan Brenner are next they are sharing a presentation so keep the presentation up for both them
Let us bring it up
be slide three
All right, if we go to two more slides, please
Good afternoon. I'm dr. Ronald Askeland. I'm the conservation chair of the San Diego Sierra Club chapter
I wanted to thank the Commission for continued attention to what's happening at
La Jolla Cove and I'd like to thank Andy and the city of San Diego for the update that they've just given.
I think there's really good agreement here. We've got four main points.
We want to maintain public safety for visitors to the Cove.
I think there's a tremendous liability concern for the city.
We want to protect the sea lion pups.
In the last two years, three-fourths of the pups born in the Cove have died primarily due to interactions with humans.
There's agreement here that the SEAL Society docents just want to focus on education.
They don't want to get stuck in this situation where they're doing enforcement and crowd
control.
And it's been very clear that all the time we want to maintain public access to the COVE.
Next slide, please.
So as we've talked about, it's a huge attraction for tourists in La Jolla.
The docents are kind of stuck in this, kind of a stressful situation.
just want to educate people, but what do they do when someone's 10 feet from an 800-pound
male sea lion?
So, it's very challenging.
We need the rangers to spend as much time as possible looking over La Jolla Cove, and
as we've talked about, clear instructions.
The goal is to have a tested and implemented plan ready before May of 2026, when the next
pumping season starts.
Our goal is no more dead pups in La Jolla Cove.
Next slide, please.
So, Andy gave an update here on hiring new rangers and doing the enhanced signage and
enhanced messages on the bullhorn.
We think there's still more that can be done to make it safer for both the sea lions and
the public.
Next slide.
So, I guess the message here is there's good progress, but we're still not quite there
yet.
I was pleased to see that they, at some point, the rangers are willing to go down on the
sand.
The thing we haven't talked about in the city's plan is what about protecting a sea lion pup?
Many places around California they'll put up
tape and cones to protect the baby pups. So that's another issue that should be addressed and
Next slide
All right, I'm gonna turn it over to Nathan. Thank you very much
Hi, Nathan Brenner for Sierra Club seal society elders jump in here
The Sierra Club appreciates the city's efforts to keep the public safe through increased ranger staffing, yet notes where those ranger's patrol is critical and they need to be on the Cove Beach.
The ranger's tent must be in a location within sight of the cove where the public can be educated to respect the wildlife before going down onto the Cove Beach area.
Messages delivered by the use of a bullhorn must be simple and consistent, such as stay back and it must indicate a safe distance.
20 feet or the length of a bus. Next slide please. The Sierra Club has
consulted with expert about the city's proposed signs and there's consensus that
signage alone will not significantly abate the ongoing dangers to the public
and the harassment of the sea lions. In order to effectively manage human
wildlife encounters, city rangers need to be on the beach where the interactions
happen. Next slide please. The Sierra Club appreciates the city's presentation
today however the proposed signs are too much information in one place. The
signage needs to be simply worded using graphics where possible to convey
important messages such as stay back a specific safe distance or danger wild
animals bite. The city signage does not effectively speak to these concerns. The
city sign program needs to be one part of a multi-pronged management plant
which ultimately relies on Rangers on the Beach to enforce the city's
rules and warnings. Next slide please. In addition to signage and rangers stationed
on the beach to manage the crowds there are additional tools which the city can
use such as closing the gates on the cove stairwells when sea lions are
present at the west end of the beach. The city might consider capacity limits.
The city can work with turbos operators to provide wildlife viewing guidelines.
The city can seek to increase awareness of safe wildlife viewing guidelines by
placing informational material at key locations such as the airport. Next slide, please.
The sea lion pumping season is only six months away and the city has not implemented an effective
management plan to keep the public safe and protect the wildlife at La Jolla Cove. In 2024,
seven pups born at the La Jolla Cove died, likely from human interference. In 2025,
six pups born at the La Jolla Cove died. Our goal is to enhance public safety and have zero
sea lion pup deaths at La Jolla Cove in 2026. In closing, we ask this commission to please
assist the city of San Diego in implementing a workable management plan which keeps the public
safe, respects the wildlife, and prevents avoidable harm and even death of sea lion pups. We need this
be in place for puping season when you guys are back in San Diego. That's June.
We can't have more sea lion pup deaths this year. It's tragic and it's avoidable.
Thank you. Thank you. Next is Patrick Ahern, Paton Steffik, Philip Musagas.
I could use three minutes on this. It's two minutes sir. We'll be fast. About two and a half.
Okay and I have a PowerPoint coming up next slide please and we've been I was
encouraged by the city of San Diego to attend this meeting so we've heard about
where this issue is right here at La Jolla Cove that's here of interest next
slide next slide so we can see here that the we are here we've engaged this is a
COVE access working group, committed to make La Jolla COVE a safe and respectful
place for both people and sea lions. Next slide. And our goal is to
prevent unsafe behaviors and reduce conflicts between visitors and and the
wildlife. Next slide please. So you can see these are all the groups and people
that have been on our groups and have also given included stakeholders.
Hoy Parks and Beaches, Community Planning Association, Village Merchants, District 1 Joe LaCava and staff
including park and rec department
We're part of this for input
NOAA
National Oceanographic and Atmospheric Administration we got some input basically one thing they thought
Create this kind of a heart and once the sea lion is totally engaged don't get any closer
As a quick is a quick guideline
So we have next slide, please and you can read that at your convenience. Next slide
So we went we've been going through this for a couple of years longer
so it's it's we've gone through a lot of phases next slide and
This is the one that we did we were talking about improved signage
And that's what was mentioned by Andy field and some others
So we need to make it simple have it be in one place
No clutter just the same as the seal advocates sea lion advocates also mentioned next slide
So this is the way it is now you can see we're gonna simplify it and make it better
So so it's easier to understand next slide
Really I
Could use a little bit. Can we go boom? Please just give us your final thoughts. Thank you
Okay, so final thoughts would be we really look for your guidance
We talked about enforcement park rangers. We could come up with a fine park rangers have been working with them
They've been down to the beach a lot more than them before now that they've also been engaged to say, okay
Please cover the holy code. Thank you. So just
Time flies when you have
Thank you very much. Thank you Peyton Steffik Philip Musaegus Curt Hoffman
Peyton Steffik
Philly, let me see you guys.
Oh, okay, Kurt Hoffman, William Robbins, Zachary Kabating.
I'd like to formally request three minutes
to match my friends on the other side here.
My name's Kurt Hoffman.
I'm a 30-year resident of offices on Prospect Street.
I've looked over La Jolla Cove for those 30 years.
I'm a 50-year plus fisherman and surfer in La Jolla,
and my views are such
that the Marine Life Protection Act
is one of the most successful pieces of legislation
that we have ever seen.
The rebound of the whales,
the rebound of the sea lions has been tremendous.
It has surpassed what we had previously.
My information is on the website.
It was submitted on time.
You have access to all the information.
The seal population is well beyond
what is ecologically sustainable.
According to Dr. Hahnen and his study,
We are at two to three times the ecologically sustainable
level for sea lions.
It's impacting the environment tremendously,
not only from the kelp beds, as I suggest in my article.
Dr. Parnell also feels that that suggestion
of excess nitrogen in the environment
can be affecting the kelp beds.
He is of the opinion that there are many factors
that are affecting the kelp beds.
We need to study the issues with the kelp beds.
This organization needs to make a bold and radical move to deterrence.
Deterrence are the only way to protect the environment and to protect the interaction
issues that these folks are so concerned about.
The interaction issues are – they cannot be solved by the great work that Andy and
his staff are doing.
We are spending a million dollars a year with city money that we don't have in order to
try to manage these interactions.
We need to move to deterrence.
is the only way to avoid city liability the city is trying to enforce NOAA
ordinance they don't have the jurisdiction they don't have
jurisdiction in title lands so they are putting themselves in a legal jeopardy
situation and we need to move on to deterrence there are already deterrent
methods going on at the Cove they're very effective and we are not talking
about shooting sea lions we are talking about moving them out with with boards
that he's done very effectively and I suggest that we need to make that
determination to move on to deterrence. Please see my information that is on the
website under this this agenda item. Thank you very much. Thank you sir. Thank
you. William Robbins, Zachary Kabating, Mitch Silverstein, Mary Soriano. Hello
everyone. Hello everyone. I first swam in the COVID-1959. Anybody
better than that. I became a certified diver in 1963. Anybody top that? And I'm
such a dinosaur I'm not reading from a cell phone. It's a scratch pad from the
hotel. I've been volunteering at the shoreline since retirement in 2008. Since
2018 I have been the token old guy. So the young real lifeguards get there in
In the morning, I have over 2,500 mornings at the Cove.
I kind of know what goes on there.
I help with core special events, kind of the liaison for the city and the people putting
on the events, which include the La Jolla Concourse, the La Jolla Half Marathon, concerts
by the sea.
Last year, I helped with over 30 events.
But my favorite events, the events dearest to me are the ones for swimmers.
The La Jolla Co. Swim, which is 80 plus years old, raised $30,000 a year for the last few
years for the San Diego Prevent Drowning Foundation.
The challenged athletes, which just finished an event there with their triathlon, raised
$1.6 million for challenged athletes.
We also raise money for the juvenile diabetes foundation.
But the San Diego Prevent Drowning Foundation is pretty important.
We take drowning education to the inner city.
And another one I think that was mentioned earlier, but we had last year over 700 young
people enrolled in the San Diego Junior Guards Program.
And we also provide a spot for eight other cities all the way from Oceanside to Imperial
Beach and yeah Imperial Beach doesn't have any water.
I thank you for listening to me I want to clear up one thing we keep hearing numbers
and you said 50 yards the Cove is 47 yards across that one won't work.
There's a thing in NOAA that says 50 feet close to a school bus and then we heard 20
feet to a school bus.
Let's get that one together.
Thank you.
Thank you.
Zachary Cabading, Mitch Silverstein, Mary Soriano.
Good afternoon, commissioners.
Thanks for being here.
My name is Zachary Cabading.
I am a graduate student at Scripps Institution of Oceanography.
And I've been studying the communication of our marine protected areas in La Jolla.
And I think there's a little bit of overlap with this issue as well.
So I'd like to share some of my thoughts.
I am a scuba diver, and I do a lot of dives at La Jolla Cove.
I love diving with the sea lions.
Obviously, I don't support any kind of beach closure.
I'm also super against using any kind of deterrence
against the pinnipeds.
I think that what we're dealing with right here
is a communications-based issue.
I just wanted to bring up two points.
The first point is that I think the signage
is a big problem.
The current signage and also the signage
that has been proposed by the city,
I do not think it's going to be very effective.
There's too much text.
There's not enough visuals.
It's trying to communicate too many different points.
There's not enough color contrast to catch people's eyes.
And generally, people don't pay attention
to signage at the beaches
because there's just too much sensory competition.
So my second point was that I think
that relying on the tourism industry,
educating people about the sea lions
before they actually arrive at the cove,
and also using park rangers is going to be
a much more effective way to minimize
these negative human-pinipad interactions.
So I would ask that the commission supports
any kind of education-based solutions to this problem.
Thank you very much.
Thank you.
Mitch Silverstein, Mary Soriano,
and then we'll move to Zoom speakers.
Honorable commissioners.
I'm actually gonna give a comment on behalf
of Pam Heatherington and the Environmental Center
of San Diego.
She couldn't stay long enough, but she's
a dear friend and local legend.
So recently, we brought together a group
of SEAL society docents and friends of the elephant
SEALs from Piedras Blancas.
The discussion focused on shared experiences, what has worked,
how it has worked, and the steps they've
taken to build a highly successful docent program.
My hope is that whatever proposal the city develops
will meaningfully include these seasoned representatives.
The city does not need to reinvent the wheel
when an experienced, knowledgeable coalition
is already available to help inform and guide the process.
These groups know firsthand what works and what does not.
We need the city of San Diego to be part of the solution
by working collaboratively with those who have long been
on the front lines of marine wildlife education
and protection.
By partnering with these established organizations,
we can build a stronger, more effective program
for our coastal resources and our community.
Pam Hetherington.
Thank you.
Thank you, Mary Soriano.
And then we have a total of six Zoom speakers.
We'll start with Azi Sharif, Ella Coulson, and Elina Tillman.
Mary Soriano.
If I could get that attachment up on the screen, please?
I guess give us a moment.
OK, thank you.
I guess people can try to read that.
Thank you.
Mary Soriano, president of La Jolla Town Council.
La Jolla Town Council held a public meeting,
pinnipeds, and beach access.
The objective was to educate the public on who does what.
This balanced approach came after I swam at the Cove
during the first summer concert,
which is next to the Cove, impacting it exponentially.
You can see on the screen,
those who were present or provided statements,
government agencies, NOAA, park rangers, life guard, community and interested
parties, La Jolla Park and beaches, Sierra Club, SEAL Society, scuba divers,
La Jolla Cove Swim Club, San Diego Tourism Authority, SeaWorld and Cal
State Long Beach shark lab and for City City San Diego Council President
It was at this La Jolla Town Council meeting, history was made, where a forward movement
of unity was achieved.
Both sides of sea lions and to keep Cove Beach open came to an agreement that coexisting
is possible by being mindful and respectful.
La Jolla Town Council has a pending project,
an education video, reenactment in multiple languages
on the interactions between people enjoying the beach
and sea lions at the Cove Beach,
which La Jolla Town Council is working with NOAA,
behavioral scientists and San Diego Tourism Authority.
This is so people can see themselves
and their close proximity interaction
with the sea pups or sea lions.
Noah shared with me something from Hawaii for turtles.
That heart.
But also maybe this heart,
depending on the size of that beach.
Thank you.
Thank you.
Moving on to Zoom.
As a reminder to Zoom speakers,
you need to accept being promoted to panelist.
Next is Dr. Aziz Sharif, Ella Coulson, Elena Tillman.
Dr. Aziz Sharif.
Good afternoon, commissioners, and thank you for the opportunity.
My name is Dr. Aussie Sharif, founder and director of Wildlife Jewels, a nonprofit that
blends the arts, science, and community engagement to inspire people to protect wildlife.
For over two decades, I've engaged in coastal wildlife monitoring, distressed wildlife reporting
and rescue along Orange County and San Diego beaches.
In January, Wildlife Jewels launched our structured monitoring program EYES.
your eyes for sea life. With a focus on La Jolla Cove, since then our team has spent over
450 hours at La Jolla Cove monitoring sea lions, seabirds, site conditions and documenting
human-sea lion interactions. We have repeatedly witnessed concerning encounters, often unintentional,
from visitors who don't realize they're putting sea lions at risk. Such as people
getting within arm's reach attempting to touch or surround hauled out sea lions for
photos, approaching them after dark with flashlights and walking onto unstable cliffs close to
them, flushing the sea lions and creating safety risks for people and wildlife.
We've also observed injured and entangled sea lions in rescupable locations that fled
into the water when visitors approached too closely, losing their chance at rescue, as
well as deceased sea lion pups during the 2024 pop deaths.
Our observations suggest that onsite presence with authority to guide visitors is vital
to helping keep both sea lions and people safe, and we do greatly appreciate the city's
efforts in this area.
We support the Seal Society's call as well to continue and further strengthen onsite
protections, and we are happy to support those efforts in any way we can within our capacity.
Thank you very much for your time and consideration.
Thank you.
We have five more speakers.
Ela Coulson, Elena Tillman, Maureen Marks.
Ela Coulson.
All right.
Hello, members of the commission,
and thank you for your time today.
My name is Ella.
I'm a current graduate student
at Scripps Institution of Oceanography in La Jolla.
I wanted to speak on section 6G today
as someone who studies marine ecosystems
and currently lives in La Jolla Cove.
La Jolla Cove is one of the few places in San Diego
where residents and tourists
can observe marine mammals up close.
That access is both special and valuable,
and I commend the commission's involvement
in reducing the harassment of marine mammals,
especially the sea lions that live there.
However, while I usually opt for increased protections
for marine species, this is a scenario
in which I want to acknowledge the unintended consequences
that may be arising from public access closures in the cove.
The current closures appear to have contributed
to a rapid increase in sea lion populations,
which may be influencing the broader marine ecosystem.
For the past few years,
kelp forests in the cove have shrunk in size
and many fish species have declined.
While ocean warming and other climate-driven stressors
certainly play a role,
I'd argue they are not the only factors at work.
I hear the public access closures
are undermining our true conservation goals
of protecting these marine ecosystems.
I respectfully urge you to reconsider
these public access closures
to promote a more balanced use of the marine environment
in the cove while still offering necessary protections
for sea lions.
Thank you.
Thank you.
Next, Elena Tillman, Marine Marks, John Leake.
Elena Tillman.
Hi, good afternoon.
I'm reading a letter on behalf of Ellen Stanton.
I want to echo the points made
by the Sierra Club Seal Society,
but this letter is from Ellen Stanton.
is that I have studied animal behavior and ethology
on an academic basis.
I've been observing the pinnipeds in La Jolla
for over 15 years and have provided
many educational programs, including a STEM lecture.
I have worked with La Jolla Friends of the Seals
in many capacities and have created several documentaries
on the subject.
The importance of effectively managing the areas
in and around Pointe La Jolla and the Cove Beach
cannot be overemphasized.
People consistently get too close to the animals.
And rangers need to monitor the La Jolla Cove carefully
on a frequent and continuing basis to be present,
answer questions, and to provide effective management
when people get too close to the animals.
Signage alone is not sufficient to change behavior.
Rangers with the authority to instruct people
to step back a designated distance
and to remove people from the beach if necessary will work.
The goal is to improve public safety for humans
as well as necessary safety for vulnerable newborns
and other pinnipeds engaged in necessary rest.
Rangers need to have the authority to advise viewers
to move back from the animals to a designated point.
In the case of the people who refuse to comply,
rangers need to have the authority
to remove these parties from the beach.
It is important to keep animals and the people safe,
to improve public safety,
and to keep sea lion pups born in the cove
from dying from human interference.
Effective management tools are needed
to accomplish these goals.
The purpose is to keep animals and people safe.
Mothers and pups need to be at a safe distance from people
to reduce the chance of maternal separation or injury.
Sea lion pups cannot swim at birth.
Pinnapens are engaged in the central rest when followed out
and needed to continue to do so.
of critical importance again is the ability
of rangers to utilize appropriate and effective strategies
to keep safe distances between humans and animals.
Ellen Stanton.
Thank you.
Next is Maureen Marks, John Leek,
and then Savannah Franklin-Ray.
Maureen Marks.
Hi, I think most everything I would have said
was just said previously,
but I'm impressed by the ranger program.
I know that's new.
And by the way, I'm a long time ocean swimmer.
I've been swimming in the cove almost daily
some years since the 1980s.
And I've seen a huge increase in the population
of sea lions there.
I'm used to them so they don't typically bother me.
I thought the videos were horrible.
I haven't witnessed that myself.
Usually I see a lot of sleeping benefits on the beach
because I go early in the morning.
But I like the ranger program.
I thought the signs were much better than what's there now.
So I think that would improve it.
I think we need to limit the number of people
going down to the beach from buses.
So that would be my request.
I think we need to keep the beach open.
The reason the population increased
is maybe because we're protecting
the birthing center around the corner.
And it's sad to me that now the COVID
is turning into a birthing center
and I wonder where they will go
once we let them continue to reproduce there.
Thank you for everything you're doing.
I think both sides are working really well together
and I hope you have a solution.
Thank you.
Thank you.
John Leake and then Savannah Franklin Ray.
John Leake.
You should be able to unmute.
We can't hear you.
Please unmute.
There you go.
All right.
I need to cede my time
to a more authoritative feature figure,
Bob Evans of the Oloyah Parks and Beaches, if he's here.
Sir, we don't cede time.
Please go ahead if you'd like to make a comment.
No, thank you anyway.
Thank you.
Thank you.
Thanks, Savannah Franklin Ray.
Good afternoon, Madam Chair and commissioners.
My name is Savannah Franklin Ray
and I'm a graduate student
at Scripps Institution of Oceanography.
I was born and raised here in San Diego
and I had the privilege of teaching
homeschooled marine science classes
at the Cove in Inloha over the past three years.
The situation at Cove is out of control
and the lack of meaningful enforcement
is leading to public safety hazards.
Tourists are visiting from all around the world
to have a wildlife encounter with the sea lions
and without proper education and enforcement
are putting themselves and their children
at risk of being bitten.
The harbor seals at the children's pool
have protections during puffing seasons
and the sea lions at the cove should as well.
There are plenty of opportunities
to have incredible encounters with wildlife
while following the law of the Marine Mammal Protected Act
of keeping our distance 50 yards away while observing.
At the children's pool, I had the privilege
of being able to witness the live birth of a harbor seal
with my homeschool students.
This was during the closure of their puppy season
and was still the most remarkable interaction
with wildlife that the students I was with
and myself have ever had.
Those same students have expressed concern
for the interactions with visitors
and sea lions at the Cove.
We're very lucky to have our volunteers
with the San Diego Seals Society,
but the volume of tourism at this location
makes voluntary enforcement unsustainable.
A plan must be put in place by May
for puffing season through August,
so we don't see the loss of more sea lion pups
due to human interference.
While imperfect seasonal closures and rope barriers
used at the children's pool are models
that should be followed and applied to the cove
for the sea lions,
especially during their most vulnerable time,
which also coincides with the highest volume of visitors
to San Diego during the summer.
I'm excited to hear about increased park rangers
and new signage, but the volume of visitors
requires more paid positions for enforcement.
Thank you for your time.
Thank you.
We were only able to,
we were only not able to find two speakers,
both in-person, Peyton Steffik and Phillip Musagas.
Either of you are here, or maybe switch to Zoom.
I'm not seeing anyone madam chair. Great. Thank you. Thank you very much to the public and to Chris
We'll return to the Commission and I will begin with Commissioner O'Malley if he's ready
Yes, thank you and I'll be brief I want to thank all the folks that are involved in this for coming out here today
I think that you showing up to our meetings and helpful at least getting some traction moving in the right direction
Thank you for director field for coming. I hadn't seen you in a while and it's good to see you once again
And I appreciate the announcement.
You know, I'm not going to weigh on the science thing.
Because of the rest of our agenda,
I promise to be very, very quick.
I agree that I think that Rangers on the beach is
where we're going to have to get to, at least during
pumping season.
I have a lot of familiarity with this area.
I go out there a few hours at a time and just kind of watch.
And I see a lot of things that you do.
And I see some things that people actually aren't listening.
And I just think a greater Ranger presence down on the beach
would be welcome. The only other thing I'll say very quickly is that, you know, the Parks
Department mentioned about doing hourly, excuse me, hourly announcements. And this is anecdotal,
I haven't studied it. But for my, my impression when I'm out there, people when they go to
the COVA, really, if they're on tour bus, or even with family, it seems maybe 15, 20
minutes they're out there doing their thing, and then they're visiting, so they want to
go see other things in San Diego in the area. So I would just imagine that that hourly announcement
is really only hitting maybe a quarter of the people
who are there over that time.
And I just want the city to be flexible
as they move forward in a potentially iterative process
that they would make adjustments to determine
if the time needs to be lessened
in between those types of things too.
So again, I could go on and on,
but I want to thank you all
for your continued advocacy around this issue.
And yeah, and thanks so much for the staff too.
I know this is taking up some of your time
and I really appreciate that you're sticking with it.
So thank you.
Vice Chair Hart.
Couple things.
First of all, with regard to the docents,
I'm concerned about the docents and the conflict there,
and I was thinking that it would be helpful for parks,
making the announcements to indicate
that docents are there for you to educate you,
to incorporate comments about the docents
and their role into what you're saying.
I think that would be very helpful for those folks
reduced conflict. Second, I saw in the sign that it's open 24 hours, is that
correct? Staff? The beaches are open 24 hours? That seems not good. Yes, yes, the
beach is open at all times. Okay. No, no, I get that, but in this particular instance
where you have already, you know, some restrictions, I'm just concerned about
that, the impact of people going down there in the evening and partying and
getting hurt or hurting the seals. I just think that's something that needs
to be considered this after hours. Maybe it's a non-issue but I was concerned by
it. Finally on the camera issue, I mean I find it hard to believe that it's that
expensive to get cameras, a few cameras. I think it could be very effective. I
would love to see parks in the city move forward with cameras on the area. Thank
Thank you any other comments questions okay thank you thank you for your
continued engagement thank you mr. field and your team and really appreciate the
update okay um can we continue to move forward a little bit let's do the consent
calendar that works let us excuse me chair Harmon your Herman while we're
switching out people could we report out of closed session please do thank you
during lunch which now feels like it's kind of while ago the Commission met in
closed session it received litigation information and advice and took action
on Space Exploration Technologies Corporation versus California Coastal
Commission and that completes my report perfect thank you very much okay mr.
All right we're just getting set up here,
give us one second, so thanks everybody for coming.
And now at 4.30, we will move on to the rest of our agenda.
So strap in everyone, we're gonna be here for a minute.
So we'll do our best to be succinct,
and I will now turn it over to Carl to get us kicked off.
Thank you, so that does take us down to item seven,
which is the consent calendar for all units and districts
on the agenda today.
We have one item each from Orange County
and San Diego County.
We aren't aware of any controversy on these items
and the applicants are in agreement
with the staff recommendations.
So we're recommending approval of these matters
on the consent calendar.
Thank you very much.
Do any commissioners have any expertise?
okay seeing none are there any members of the public who wish to speak on any
of these items just for item 7a we have one person available for questions great
thank you does anyone wish to remove an item no okay um then I will entertain a
motion for the consent count move consent count so I motion by Commissioner
not off a second by Vice Chair Hart may we have a roll call vote please
Commissioner Escalante excuse me sorry miss Miller okay for which item please
we're not on that quite yet thank you we'll do the items that are moved to
consent next thank you roll call vote please Escalante yes Escalante yes
Commissioner Hart yes Hart yes Commissioner Jackson I Jackson yes
Commissioner Kelly yes Kelly yes Commissioner Lee yes please yes
Commissioner Nada I not off yes Commissioner Presidio yes
Presidio yes Commissioner Wilson yes Wilson yes Commissioner O'Malley yes
O'Mellie yes chair Harmon yes Harmon yes the vote is unanimous thank you the
regular consent calendar is adopted and now we will move to those items that
have been removed from the regular calendar to consent mr. Schwing thank
you so we do have eight items that we're recommending we move to consent and let
me walk through those now starting with item 10a city of Huntington beaches LCP
amendment time extension item 14a the city of oceansides short term rentals
lcp amendment time extension item 14 b city of oceansides lcp amendment on
inclusionary housing time extension item 14 C city of oceansides amendment on
de novo appeals time extension item 14 D the city of Carlsbad's lcp
amendment airport uses time extension item 15 a the city
of Del Mar's post LCP certification permit and appeal
jurisdiction map adoption item 17 a that's application 625
419 for 2828 oceanfront in Del Mar and then last this
So this afternoon I would also like to add item 12a,
the Mojudin application for residents at 35075,
Beitrode and Dana Point.
This is one of three similar projects
on Beitrode and Dana Point.
The applicant is in agreement with the staff recommendation.
There's no known opposition.
I do want to mention that the applicant has agreed
resolve a violation on the site through the permit by removing unpermitted riprap, offering
a public access easement, and paying funds for Beechner replenishment.
These are all significant commitments in conjunction with designing the residents, not to rely
on shoreline protection results in a project that can be found consistent with the LCP.
That concludes the items we would recommend to move to consent.
Thank you.
you very much do any commissioners have any ex partes to report I see none I
know there are some members of the public who wish to speak Chris I'll
turn it to you all right for item 14a move to consent we have Clifton Williams
Daniel Brunton and then mayor Esther Sanchez signed up
Clifton William a good afternoon commissioners my name is Cliff Williams
I represent neighborhoods are for neighbors we're a grassroots group of
coastal Oceanside residents who have come together to oppose the corporate
buy-up of the city's coastal zone. In fact, over sixty percent of the
lodging room... We're just talking about a time extension today, so you can find your comments to the time extension.
We want to ask you to support the extension, but to support also the LCP
amendment that is coming forward to you, because this was submitted over a year
ago to the Coastal Commission and it's taken that long to just get to you guys
and we're at the beginning of this process here. There's a corporate
entity that's buying up homes in Oceanside. They have over 70 homes but
they're turning into many party hotels that are really disruptive to the
neighborhood so we'd like you to really take advantage of the opportunity to
take this up. The city submitted this to you over a year and a half ago and it's
it's a little distressing to people in the neighborhoods that the Coastal
Commission has taken us long to take it up. Thank you. Thank you. Daniel Brunson.
Good afternoon commissioners. Thank you and I apologize for jumping the gun
earlier. I'm on the same item in the same position. My name is Daniel Brunton.
I'm an attorney with the law firm of Latham and Watkins representing
neighborhoods are for neighbors. The ordinance should be an easy one for the
Commission to approve, there was overwhelming support in the community.
Just on the time extension. We would like it to come back as soon as
feasibly possible. As Cliff mentioned, this is a group of homeowners in
residential areas that's up against hundreds of billions of dollars of
market cap of powerful corporations trying to place reasonable limitations
on corporate ownership of party party houses and many hotels and we just ask
you to bring it back as soon as possible thank you thank you mayor sir Sanchez
they were also signed up for an item this morning but are not here okay that's
all for item 14a for 14b we have two speakers Darlene Nicanro and also mayor
sir Sanchez who I believe not here good afternoon honorable commissioners my
My name is Darlene Akonjo.
I'm the City of Oceanside's Development Services Director.
It was a great pleasure to have you at the City Hall last year
for the last Coastal Commission meeting,
and I hope you enjoyed our beautiful coastline.
I just wanted to say a few words about the proposed Inclusionary
Housing Time Extension.
We've been working really hard, very collaboratively,
with commission staff for more than a year
both the inclusionary housing LCPA and a downtown density LCPA. I just want to
acknowledge Commission staff continued efforts and thank them for their time
and their efforts to understand the importance of these LCPA's to the city.
We look forward to hearing these items at the for Commission consideration at
its February meeting in Half Moon Bay. Thank you. Thank you. For item 14c we
We also had Mayor Ester Sanchez who wished to speak.
For 14D we only have one available for questions.
For 15A we have one available for questions.
And then for 17A we have one speaker, Linnea Bird, Linnea Bird and then we also had one
available for questions.
Go ahead.
Good afternoon Chair, commissioners and staff.
My name is Linnea Bird, I'm too tall, and I'm a current marine biodiversity and conservation
graduate student at Scripps Institute of Oceanography. Additionally as
coordinator of Kids Ocean Day in San Diego for the past two years with the
support of Coastal Commission I just want to extend my gratitude towards the
impact of that event year and year again. That being said as an environmentalist I
support future nature-based shoreline solutions as spoken on earlier and I
support the general removal of the structure previously item 17 but
recommend site-specific mitigation measures tailored to Del Mar. A post
removal each profile restoration is necessary as described in Gary
Grigg's paper the impacts of coastal armoring and stated in 30 to 30, the
marine resources shall be maintained and enhanced where feasibly restored. This
this is feasible by local action and community support. I respectfully request
the Commission to ensure the additional effort to restore the cross shore slope
to match the natural condition with the benefit of reducing erosion hotspots and
restore the biological productivity. Thank you for your time and
continued leadership protecting our coastline. Thank you we have no more
speakers for items moved to consent. Thank you Chris and I'll return to Mr.
issuing if he has any comments thank you so on the the city of Oceanside LCP
amendments we are working steadily through those the short-term rentals
LCP related amendment my understanding it did take some time to get that matter
filed complete so that is is the bulk of the time that's been involved here
there was a withdrawal and resubmittal on that matter but we are working toward
bringing that matter to a hearing as quickly as possible. Thank you very much.
Do any commissioners wish to remove any of these items from consent? Okay, seeing
no, I'll entertain a motion. Move consent. Second. I'm just curious if you
have any comment on the time extension issue that the folks brought up about the
buying up of are we gonna be able to bring it back in a we'll be bringing the
LCP amendment back to you shortly and we'll have a full conversation at that
point okay thank you appreciate it thank you so we have a motion on the floor by
Commissioner Wilson a second by Commissioner Kelly hey we have a roll
call vote please Commissioner Hart yes Hart yes Commissioner Jackson hi Jackson
Yes commissioner Kelly. Yes, Kelly. Yes Commissioner Lee. Yes, Lee. Yes, Commissioner, not all. Hi, not all. Yes, Commissioner presiado. Yes, presiado. Yes, Commissioner Wilson. Yes, Wilson. Yes, Commissioner amelie. Yes.
Amali. Yes, Commissioner, Escalante. Yeah, Escalante. Yes, Chair Herman. Yes, Herman. Yes, the vote is unanimous. Thank you. Those items are adopted.
and now that brings us can we keep going everybody to let's get through the
deputy directors report please you don't mind thank you so item 9 is the deputy
director's report for South Coast District Orange County report contains
three waivers for projects in Laguna Beach in San Clemente a CDP time
extension and a CDP amendment staff is also reporting on the issuance of an
emergency CDP, the Orange County Transportation Authority for placement
of up to 360 tons of rock to protect a segment of the rail line in South Orange
County that was threatened by erosion and wave action. OCTA has reported the
work was ultimately completed and they used only half of the rock initially
proposed. This work will be followed up with a regular CDP and I would note
that there are comments from Surfrider Foundation in response to this action
as well as comments in reply from OCTA. So we are asking whether three or more
commissioners object to any of the waivers, the time extension, or the
amendment. Thank you Mr. Schwing. Are there any ex partes? Any speakers on the
deputy director's report? Yes we have two. Mitch Silverstein, you can go ahead up
in person, and then we have John Dow, who is on Zoom, and then Jason Lee, who's available
for questions.
I think I have a presentation, just a couple of photos.
Yeah, next slide, please.
Mitch Silverstein, Surfrider Foundation.
So on November 20th, the commission issued OCTA's fourth emergency permit in this corridor
since 2021.
You can see at the very, ignore the arrow, actually look north where the riprap really
comes out far and you don't see a beach anymore.
what we're talking about. Through these so-called emergencies, over 24,000 tons
of rock now cover what was once a beautiful public beach in front of
cypress shores, completely gone. The lateral access at trestles that
generations of surfers and beachgoers have used is now blocked. Cotton's Point,
the northernmost break of world-famous trestles, severely degraded with boulders
now in the surf zone, that's at the very top corner you can kind of see a little
sand, that's that's cotton's surf break. The current emergency started in
September 2021, that's four years ago.
The required follow-up permit still isn't finalized.
Four emergencies in four years for the same area,
this is now a chronic issue.
It's no longer emergency response.
In fact, it's systematic destruction of our public beaches
without the environmental review, alternatives analysis,
or public process the Coastal Act and SEQA require.
We appreciate staff denying additional emergency armoring
just north of this stretch last year,
proving that emergency isn't inevitable.
inevitable, and we appreciate the difficult work negotiating mitigation for Cypress Shores
that's ongoing, but what we need is first to ensure that follow-up CDP requires revetment,
removal, and favor of sand and nature-based adaptation, or at minimum a significant reduction
of that revetment to restore public access. Second, and critically, we need a full EIR
for this entire rail corridor before authorizing more armoring, require genuine alternatives
analysis including inland realignment require long-term planning not endless
emergencies. After four years and 24,000 tons of cypress shores the pattern is
undeniable. Without comprehensive planning OCTA will destroy
San Clemente's beaches one emergency at a time. This beach is irreplaceable. Please
require the planning and review our coast deserves before it's permanently
lost. Thank you. Thank you. Next is John Dow. Unmute yourself. John Dow do you want
your video or your PowerPoint up first? Can you hear me? Yes, we can hear you. Do
you want your video or your PowerPoint up first? Please play the video. Good afternoon
commissioners, I'm John Dowis, Save Our Beaches, San Clemente. I'm speaking in
opposition to OCTA's emergency permit because it highlights your misguided
approach to protecting the rail line along San Clemente's five-mile coastline
where the tracks are trapped between the ocean and unstable cliff bluffs. Earlier
today, I appreciated the nature-based adaptation presentation because those strategies, not hard
armoring, offer the only durable science-based path for protecting the coast and the rail line.
What you see in this 2023 footage is sand being scoured away and riprap already falling into the
tidal zone. Conditions today are worse. Now the CTA seeks an emergency permit to dump more rock to
repair a project that is already failing, confirming the long-term ineffectiveness of hard armoring.
Braille shutdowns in San Clemente are not caused by ocean waves overtopping the tracks.
They are caused by bluff failure and landslides on the landward side driven by groundwater saturation
and loss of bearing strength at the toe bluff. As the sandy beach disappears,
wave energy has no longer dissipated, allowing ocean water to infiltrate beneath and landward
of the tracks. This raises poor water pressure, weakens the soil, and triggers slope failure.
RIPRAP does nothing to stop this process. More rock does not change that physics.
Can you please put up my slide? What RIPRAP reliably does is destroy the public beach.
It reflects wave energy, accelerates sand loss, narrows the beach, and exacerbates erosion in
adjacent areas. Once installed, it creates a coastal doom loop as more rock is required
for maintenance and the adjacent erosion it causes. Sand is the solution that's worked here
for over a century. A wide healthy beach absorbs wave energy protects the bluffs and shields the
rail corridor while preserving public access. OCTA now has hundreds of millions in public funding.
The issue is not cost, it is whether this commission will move OCTA from a strategy that
fails to protect the tracks and permanently sacrifices our beaches. Hard armoring is a lose
lose. And as a win win, I urge you to deny this permit and
future permits and require sustained sand replenishment as
the first line of protection. Thank you.
No more comment.
Comment. Thank you very much. Okay. Mr. Schwing, do you want
to respond or? Yeah, no. Okay. Thank you very much. So I'll
return to the commission comments questions or do three
or more commissioners wish to remove or object to any item in
the deputy director's report? I'm not comfortable with the another emergency
permit. I would like to add that the emergency permit has already been
approved it was approved under my authority and so we're just reporting it
to you today there's not an action in front of you on that item so I'm sorry
we weren't clear about that. Okay well seeing that there are no commissioners
who wish to remove any of the actionable items from the report today the deputy
Director's Report is concurred with. So I'll ask that we take a very, very brief
bio break. Five minutes everybody and then please come back. Thank you. Okay,
thank you everyone and we are now on to item 11A please. Thank you Chair Harmon.
Item 11A is an appeal out of the city of Huntington Beach. The present, the staff
presentation will be given by Riley Christie, a coastal program analyst in
the South Coast District Office. If we could get the staff presentation ready
I'll hand it over to Riley. Good evening commissioners. Item W11A is an appeal
of a coastal development permit that was approved by the City of Huntington Beach
for a project located at 16471 Malden Circle in Huntington Beach. The applicant
is Benjamin Vong and the Appellant is Brad Bailey. The subject site is on the inland
side of Pacific Coast Highway on an island within Huntington Harbor area of Huntington
Beach, Orange County. The front of the house faces Molden Circle and the rear of the house
is backed up against the Harbor Channel. The neighborhood is developed with residential
structures that are 1-2 stories in height and some of those structures feature third
stories with balconies and roof decks within the second story roof line. The locally approved
This project includes the demolition of an existing one-story single-family residence
and the construction of an approximately 7,600 square foot, 30 foot high, three-story single-family
residence with a two-car garage and a second and third floor balcony.
Next slide, please.
The upons raise several contentions that the project is not consistent with the requirements
of the LCP related to character of the community, resulting in mansionization and cumulative
impacts, CEQA and unusual circumstances, potential degradation of visual resources, hazards and
sea well instability, and public access impacts.
The appellant raises contentions that are not grounds for appeal, such as CEQA environmental
road view.
Thus, these contentions do not raise a substantial issue.
Next slide please.
The appellant's content, the proposed residence, will adversely impact the character of the
community and result in mansionization on the Harbor Island with cumulative implications.
The staff found examples of 15 other harbor-fronting homes in Huntington Harbor, with city-approved
CUPs for either a third-story habitable area and or decks, maximum heights greater than
30 feet, as shown on this slide.
The analysis found that the proposed project is of similar height, mass, bulk, and scale
of existing low-density residential development in Huntington Harbor.
According to the city, the project promotes compatibility with other multi-story homes
in the area and conforms with requirements for the Low Density Residential Zoning District.
Thus, the SISC intention does not raise a substantial issue.
Next slide please.
While the proposed residents will contain a third-story with habitable area and a balcony,
the code allows third-stories and third-story balconies under a city-approved conditional
use permit, which the city properly processed in addition to the Coastal Development Permit
as shown on this slide outlined in blue.
There are no impacts to coastal resources as a result of the residents, therefore there
be no cumulative impacts to coastal resources if additional properties are constructed with
third stories within the second story proof line. The City found that the project is consistent with
existing development, therefore the approval does not set a precedent. Thus this contention does
not raise a substantial issue. Next slide please. The appellants contend that the third story
elevation will dominate coastal views and private views. However, section 30251 of the Coastal Act
does not protect private coastal views. Existing house is one story and there are no public coastal
views from the public street or across the site. Thus, this contention does not raise a substantial
issue. Next slide please. The appellants also contend the proposed residents will result in
geologic instability, hazards, and sea wall instability. The city's record included a
geotechnical investigation for the subject site, which concluded that the project site is not within
a seismically active location. While the proposed residence is subject to flooding with sea level
rise, the city applied a condition of approval requiring the minimum finished floor elevation
to be 10 feet NAVD88 to minimize blood risk and protect property from some extent to coastal
flooding. Since the project will incorporate the city's requirements for the first floor elevation,
the project is consistent with the city's certified LCP. Therefore, this contention does not raise a
substantial issue. Regarding seawall instability, a scope of this project does not involve alterations
to the existing seawall or bulkhead. The city record indicated impacts to the bulkhead and
and retaining wall were not expected from the project.
Thus, this contention does not raise a substantial issue.
Next slide, please.
Lastly, the opponents contend the project is inconsistent
with section 30210 and 30211,
since public access will be impacted by failure of the seawall.
There is no evidence in the record
that the proposed development will result in instability
of the existing seawall or impact public access.
No public access paths are located on the project site.
nearest public access to the coast is approximately 0.8 miles southwest from the project site,
thus this contention does not raise substantial issue. Next slide please.
The city's decision to approve the proposed wall does not present any inconsistencies with the
certified LCP with respect to community character, public views, coastal hazards, or public access.
The project does not raise any coastal issues of statewide or even regional concern.
Since publication of the staff report, commission staff received no public comment.
Staff therefore recommends that the Commission find no substantial issue with regard to the
contentions on which the appeal has been filed. The motion and resolution can be found on page
six of the staff report. This concludes the staff presentation and staff is available for questions.
Thank you. Great, thank you very much. Are there any ex partes to report?
Okay, seeing none, we'll now open the public hearing and I'll turn it over to Chris. We'll
I'll begin with the appellant, please.
Hi, Simone, excuse me, sorry.
It's okay.
So we're gonna go with the appellant.
You'll have Clyde, you're Romain.
I totally messed that up, sorry.
And Sam, Penny Beocco.
We don't see Brad Bailey right now.
So Brad, if you're on Zoom, if you can raise your hand.
Clyde, if you can unmute yourself.
Hello, can you hear me?
Yes.
I can't see my video.
Where's my video?
They'll put it up.
Give us a second, please.
Let's promote.
OK, we can see you.
OK, Clyde, you can go ahead and speak, please.
We can't hear you.
I can't hear you.
You're unmuted.
So you want to try again?
We still can't hear you.
Unmute.
Can you hear me now?
Yes.
OK, great.
Sorry about that.
Okay, so good evening commissioners.
My name is Clyde, I'm a neighboring resident
first on sea level rise and flooding.
On page 17 of the staff report,
plainly states that the city
should have analyzed the site within this context
and that the necessary assessment does not yet exist.
That means the city approved a 7,700 square foot
three story waterfront development
without completing the hazard analysis
required under Coastal Act 30253.
That alone warrants substantial issue finding.
Second, the staff relies entirely
on the applicant's geotype report
and perform no independent verification
of the seawall stability.
Despite the city's own 2024 infrastructure report
giving Huntington Harbor Seawalls a D grade
due to age and failure risk.
A D grade system combined with a massive new structure
is exactly the type of hazard section 30253
is designed to prevent.
These homes are along the water.
Soil testing all the way up front on the street
does not tell us what the soil
at the back of the property looks like.
We need to drill down and test the soil
where it counts on the water side,
not all the way on the front.
Third, the neighborhood compatibility analysis is flawed.
Staff compared this tiny highly constrained street
to 15 homes scattered across other islands
with different conditions.
The Coastal Act requires compatibility
within the immediate neighborhood,
not with unrelated streets across the harbor.
There are about 1100 homes in Huntington Harbor.
Our little island only has 90 homes.
These are all small little properties,
not like the other islands.
Riley pulled up comps from all the other islands
that do not line up with Coastal Act policies.
Fourth, while the staff claims CEQA isn't part of the review,
CEQA hazard issues are relevant
when they overlap with Coastal Act policies
like section 30253, which is precisely the case here.
The Coastal Commission does have the right
to override the city's exemption,
which was not, which was an admitted mistake
by the winning administration of Huntington Beach.
For the safety of our neighborhood
and the integrity of the Coastal Act,
I urge you to require a de novo review
and a full environmental impact report.
Thank you.
Thank you, next is Brad Bailey.
We found him.
Brad, if you can unmute yourself.
Thank you.
My name's Brad Bailey and I'm actually the property owner
to the south of the property that we're talking about here.
The most alarming thing is the seawall
and the Huntington Harbor seawall infrastructure
has been rated a D by its own city.
Okay, that's their report card, it's a D.
Many sea walls, including the one in front of the property
that we're discussing date back to the 1960s.
This in particular wall in front of our homes
is over 65 years old, and it's never been updated,
and it's never been reinforced any way, shape, or form.
The city's in the process right now
of rebuilding all the bridges.
The bridges to access these islands
are literally falling apart.
So is the seawall.
In fact, Sam, when he gets on, he's gonna tell you
that the seawall that he borders on the other side
with the property we're talking about
is actually falling apart.
So it's a typical 2,800 square foot home
weighs around 100 tons.
This 7,700 square foot home weighs in excess of 250 tons.
That's more than double the load
that's on the average property on this side
and on this small island as Clyde had mentioned.
The seawall's gonna collapse,
the properties are gonna be damaged.
There's a guy named Dan that lives right across
the channel from me.
He built a house, bought a property in the mid 90s.
It's a big lot.
It's almost 9,000 square feet.
He scraped the house.
He built a 6,000 square foot home
on that 9,000 square foot lot.
The seawall failed, okay?
The city got sued and the Coastal Commission got sued.
So all we're asking is that more measures are taken
before this is approved to protect all the neighbors.
Thank you.
Next is Sam Pennebiaco.
Sam, if you could speak.
Yeah, can you hear me?
Yes.
Just check.
Yes.
Good evening, it's been a long day over there.
I'm on the other side of the property.
I've attended all of the,
all of the petitions, all of the reviews.
been very closely. There have been multiple reviews that ended in a 3-3 split leading up to
you folks tonight. So this is not something that hasn't been contested. It's not something
that we're just throwing against the wall. I personally have had seawall issues when I moved
in about eight years ago to this particular property. I have extensive issues right now.
I'm here just basically document filed that because when he goes and rips this thing down
and if you guys permit this it's going to cause extensive property damage and this is all on
record and I'm not I'm just not going to stand for it. In addition obviously I brought this up
multiple times and I get it that the zoning laws and everything haven't caught up to solar but
I recently just got permitted over a year ago 47 panels that are going to be completely shaded
if this is allowed to go up. Again, once the damage is done and everybody just kind of lets
things happen, it is what it is, is the attitude until there's extensive property damage.
The bridges, we still have half a bridge here because they can't rebuild the bridge getting
over the island. That just goes to show the infrastructure and just the extensive damage
that this can cause. I'm greatly concerned and all we're asking, I mean listen I do business
in the California, I'm a business owner and there's so much compliance and so much regulation but one
time I'm asking you guys to actually do something everybody wants to just turn a blind eye and they
don't want to look into this and it's really disheartening it really is. Thank you. Next we'll
we'll go to the applicants.
We have a duck who he wins,
but he's not showing on Zoom.
And then we have Kevin Fong.
Kevin Fong, I tried to move you to panelists,
but you denied it.
If you can accept it this time,
that would be great if you would like to speak.
And then after that,
we just had the city of Huntington Beach.
They're available for questions on Zoom.
Kevin, go ahead and unmute yourself and speak, please.
Hi.
Hi there.
Good afternoon, everybody.
Can you hear me?
we can hear you go ahead and speak please. Yes, my name is Kevin Vaughan. I'm the
property owner of that place. I'm here to support my project and I believe my project has no problem
because my building is set back from the seawall is 27 feet. So, I believe with all the careful
doing. It should not affect anything in the properties in that island.
Like I said, I strongly believe this is a good project. Nothing is wrong with it.
And I also support staff recommendations.
And I also open for questions. Are there any questions I can answer?
Okay, thank you.
That completes our comments for today.
Great.
Thank you very much, Simone.
Excuse me.
OK, now I'll close the public hearing and return to staff
if they have any reactions or responses.
Yes, staff has a few responses.
Excuse me.
I always have to readjust this.
I'd first like to address some of the concerns regarding
this seawall first staff would like to note that there was a geotechnical report that
was analyzed in the city record that concluded that the development of the home would not
result in degradation of the existing bulkhead and the bulkhead is not in a state of disrepair.
Second I'd like to just clarify regarding the bulkhead that the bulkhead itself falls
within the commission's retained jurisdiction, not the city's LCP jurisdiction.
So any rep any proposed repairs to the bulkhead would have to come directly to the commission
for a CDP.
And so if there are any issues, you know, with the bulkhead in the future, the homeowner
could apply to the commission for repairs to that bulkhead.
Second, I'd like to just refer back to the staff report findings related to sea level
rise.
We did address the best option to address ongoing sea level rise issues as a whole in
the area would be through the city implementing a harbor wide hazard mitigation plan or adaptation
strategies to address flooding in the neighborhood and the residents itself is elevated to about
10 feet NAVD88 per the city's regulations. So wanted to clarify that as well. And to
address concerns about the community character and the size of the surrounding development,
And I was wondering if we could turn to slide 14 of the staff recommendation.
And I'd like to have Ms. Christie elaborate a little bit more on that component.
Yes.
So slide 14 does show the 15 other harbor funding laws that we did analyze.
They contained city approved CUPs for third stories and third story decks.
These homes ranged in size from approximately 3,000 to 7,700 square feet in size.
And if you go to the next slide, you can see that there are other homes shown of similar
height, bulk and scale.
This one being 32 feet high.
And then the next slide also shows a similar home, 30 to 32 feet high.
So it is of similar height.
The proposed home is 30 feet tall.
So some of the existing development do exceed that 30 feet from the proposed development.
And the 30 feet is consistent with the city's low density residential development.
I just wanted to make one final comment from staff.
It just I just want to acknowledge the fact that it sounds like there's a lot of frustration
and issues that some of the appellants have raised here that are community wide.
It concerns about the bulkhead and the state of the seawall and disrepair and bridges and
So just it's good for us to hear those things and we can talk to the city about that.
But just want to acknowledge that doesn't that's a general problem for a lot of these
houses and I think the staff with the staff report shows is that the specific analysis
related to this house is you know it is safe given the requirements of the city as Amrita
mentioned and and again we're recommending no substantial issue.
okay thank you very much so now I will return to the commission for comments
questions or motion commissioner Escalante thank you chair I have a question
and prompted by Commissioner Kelly actually was there is there a shade
study that's this sort of made me think about just in general also the impacts of
building higher and higher on the folks that have invested on solar in their
I thought if that's a huge loss to the neighbor, I mean, I think that's significant.
So what's kind of our, how do we look at that particular issue?
That wasn't an issue that was, that was not an issue that was raised in the appeal.
So it wasn't something that we analyzed.
So the Commission cannot consider that as a basis for finding substantial issue at this
stage of the appeal. If the Commission were to find substantial issue, it would
consider that onto NOBO. But you'd have to find substantial issue on a different
ground. Okay so legally obviously we're not the ones to fix this problem, but who
should fix this problem? Because I think this could potentially be quite a problem for all our
climate goals and the fashion of solar, rooftop solar and all of that. So what... Yeah I was just
trying to go outside the context of the specific appeal, I was trying to think
through kind of what coastal act basis we would have to look at that and we
haven't really I think delved into that issue before so I'd have to think about
it a little bit more. It strikes me probably more as a local issue and
there are probably ordinances in some localities related to that. We can look
into that and kind of see what we find and if appropriate include those
recommended cities think about that for the LCPs but again it's you know there's
not a clear coastal act basis that I can think of right now but I want to
think about it a little bit more to delve into that. Just to wrap up my
comment I know that maybe looking at those sections I don't know them by
memory but that talk about you know us trying to promote climate mitigation as
you know the furthest extent possible that might be one of the areas that we
may use but it's also I do appreciate the appellant bringing that up and I
think that's something that I will pay attention to moving forward and we'll
keep that in mind maybe conversations with our friends that energy Commission
some of the other folks that may have more to do with this on a statewide
basis thank you thank you Commissioner Kelly I moved the commission determine
that appeal number A5HNB 25-0046 raises no substantial issue with respect to the grounds
on which the appeal has been filed under section 30603 of the Coastal Act and I recommend a
yes vote.
Second.
Just to say that I think the important part is substantial issue with respect to the grounds
on which the appeal was filed.
Thanks.
Great.
Thank you.
Any further comments?
Okay.
We have a motion by Commissioner Kelly, a second by Commissioner Lee.
may I have a roll call vote please Commissioner Jackson Jackson yes
Commissioner Kelly yes Kelly yes Commissioner Lee yes Lee yes
missioner not off I not off yes Commissioner presiado yes presiado yes
Commissioner Wilson yes Wilson yes Commissioner O'Malley yes O'Malley yes
Commissioner Escalante yes Escalante yes Commissioner Hart yes
Yes. Heart. Yes. Chair Herman. Yes. Herman. Yes. The vote is unanimous. Thank you. The
commission finds no substantial issue. Thank you. And the next item was trailed so I believe
that brings us to item 11 D please. Yes. Thank you. Chair Harmon. Item. Yes. Yes. 11 B. Item
Item 11B has been trailed so item 11D is a appeal out of Newport Beach.
The staff presentation will be given by William Runagi, a coastal program analyst in the South
Coast District Office.
I'd also like to note for the commission that this will be William's first presentation
to the commission.
Good afternoon commissioners.
Team W11D is a substantial issue hearing for Appeal A5 NPB240047 of a local CDP approved
by the city of Newport Beach for the demolition and replacement of a fire station and library
on Balboa Peninsula.
The applicant is the city of Newport Beach Public Works Department and the appellants
are the Friends of Library Park.
Next slide please.
The site is located at 10110 East Balboa Boulevard
in an urbanized area of Balboa Peninsula.
The property is located between the sea
and the first public road,
making this appealable under section 30603A1
of the Coastal Act.
The Balboa Branch Library has been on the site since 1929
and Fire Station number one since 1962.
The site is designated as public facilities
in the city's certified LCP.
Next slide, please.
The City Approved Project demolishes these aging facilities, approximately 7,900 square
feet total, and constructs a new, modern two-story, 10,900 square foot combined facility, approximately
33 feet 6 inches tall with a sloped roof.
The project includes 3,675 square feet of green space, with 13 new trees, a new 1,500
square foot playground, and 14 on-site parking spaces.
The appeal identifies three contentions
which are limited impacts on great blue heron habitat
without mitigation, loss of public access
and recreational opportunities
and the inadequacy of the certified LCP.
Next slide please.
The appellant's first contention is that the removal
of the blue gum eucalyptus tree will eliminate critical
great blue heron nesting habitat
without adequate mitigation.
While the tree may support great blue heron,
LCP policy 411-1 exempts existing developed areas
from ESHA designation.
This site has operated as a fire station since 1962
and library since 1929.
The city also, next slide, please.
The city also obtained biological analysis
from a qualified consultant,
which concluded the non-native eucalyptus tree
lacks the rarity and special value needed for ESHA.
The tree is isolated, surrounded by development,
with little habitat connectivity to other natural areas.
Further, great blue herons are not considered rare
or endangered under the LCP's Esha policy.
For these reasons, the site does not constitute Esha.
Next slide please.
Even though it does not qualify as Esha,
the local CDP offers mitigation for the loss of the tree.
Nine native western sycamores will be planned on the site
and will provide nesting habitat when mature.
Additionally, protective measures are in place
to restrict tree removal to outside of the nesting season
as well as mandatory nesting surveys prior to construction.
Next slide, please.
The appellant's second contention
is that the project reduces public access
by eliminating park space.
The existing site contains 5,700 square feet
of passive green space.
The proposed project will retain 3,675 square feet
of green space and adds a 1,500 square foot playground
where none currently exist.
The enhancement of active recreational opportunities
is consistent with LCP policies 3.2.1-1 and 3.2.1-2.
Finally, the property is designated as public facilities
in the certified LCP and not as a public park.
Regarding coastal access, section 30210 of the Coastal Act
promotes maximum access and recreational opportunities
within the coastal zone.
Existing vertical or lateral coastal access to the shoreline
does not currently exist at the site.
And nearby access ways will not be altered or obstructed
as a result of the city approved project.
The appellant's third contention is that the city cannot rely
on the policies within the certified LCP to make findings
to approve the project because the LCP itself is deficient
as it fails to mention key policies
such as the city's G1 tree policy
and the Migratory Bird Treaty Act.
However, section 30603 of the Coastal Act limits appeals
to allegations that the development does not conform
to the currently certified LCP.
The commission certified the city's LCP in 2017
and found that policies within the LCP were adequate
to carry out the requirements of the Coastal Act.
The city provided sufficient analysis
to prove the proposed project consistent
with the certified LCP.
Next slide, please.
In closing, staff concurs with the findings
made by the city and believes that the city provided
adequate legal and factual support for its decision
to approve the subject project.
Staff therefore recommends that the commission
finds no substantial issue with regard to the contentions
on which the appeal has been filed.
The motion to accomplish this can be found
on page five of the staff report.
Since publication of the staff report,
staff received 13 letters from the public in opposition
and two letters from the city in support.
These have been posted as correspondence
on the commission's website.
There's an addendum responding to these comments
and making minor corrections.
The public comments raise concerns about tree health,
the city's G1 tree policy, green space, and Esha.
As previously mentioned, staff would note that
the G1 tree policy is not part of the certified LCP
and falls outside the commission's jurisdiction.
And the certified LCP explicitly exempts
existing developed areas from Esha.
Staff's recommendation of no substantial issue
remains unchanged.
The motion and resolution are on page five.
This concludes staff's presentation.
Staff is available for questions.
Great.
Excuse me, thank you very much.
Any ex partes to report?
I have one from this morning at around 8.50,
just very, very briefly.
I spoke with Don Schmitz who's representing the city
and a couple of representatives from the city as well.
Just stated that they are in full agreement
with staff recommendation.
We briefly spoke about timing.
I don't think that, I think it's been a bit slower
than I predicted this morning,
but that was the balance of our conversation.
And now we will open the public hearing
and I'll turn it over to Simone and Chris.
Okay, so we have two speakers.
Christopher Petit is on Zoom.
We're gonna promote you to panelists.
If you can go ahead and unmute yourself and accept.
And then we'll have Don Smith after that
and Dunspence is in person, so he'll walk up after.
Christopher Petit.
Good evening.
I'll get started.
Good evening to the chair and members of the commission.
I am Chris Petit, and I represent
the Friends of Library Park.
I'll get right to the point.
I know it's late.
When I got the staff report, I was, to say the least,
a bit surprised at the recommendation
that there is no substantial issue.
Let me explain exactly why.
six days before this report was completed I got an email out of the blue from staff asking for a
meeting within 20 minutes of the time of the email stating I will give you a summary of what
we want to discuss with you in this 20 minutes of notice it says following your October 24
2024 appeal, we're talking over a year ago now, the city worked with Coastal Commission staff
over a long period to address concerns about Blue Heron nesting habitat. None of that was ever
disclosed to the Friends of Library Park. None of that can be found in the staff report, meaning
that the staff report that's being presented to the Coastal Commission is at best incomplete, at
worst misleading. We have not had a chance to respond to this long period of collaboration
that apparently has gone on. And I would point out if there was no substantial issue, why would
be the need for a long period of collaboration between the city and its staff to protect this nesting site for the great blue heron.
That is tantamount to an admission that there is a substantial issue here.
But I want to get back to the point of not being able to rebut what's not in the staff report and which should have been in the staff report.
There was this period of collaboration. I have the email right here. I've got 20 minutes of notice and
I would be very disappointed if the Commission were to rely on an incomplete report on such an important issue. Thank you
Thank you. Next is Don Smith
Evening commissioners
PowerPoint presentation Don Smith's on behalf of the city of Newport Beach. Just don't start the clock yet
And I have two or three minutes
Two it's been a long day. Okay, so we will we'll wait till that PowerPoint comes up
These guys know what I look like
You're good to go at the power points up
Okay, great. We'll start here commissioners. Good evening
I'm not gonna apologize that we worked with staff to make sure that we were addressing all the issues as it pertains to this
Worthy project. This is a very old public facility
1929 yes, the city of Newport Beach is entirely appropriately
upgrading their library in their antiquated fire station.
It seems that the, could you take down the clock
so the commissioners could see it please?
This controversy revolves around this tree.
This tree is one of three trees that remain.
Two have already been removed from the property
because there was extensive decay.
This one is decaying as well.
New word for you, tomography,
which is basically an x-ray for trees.
And we have documented that, in fact, this tree is rotting on the inside.
Within the next five years, with this rot increasing exponentially, this tree is going
to have to be taken down as a hazard in the next five years, regardless of the status
of this project.
Next slide, please.
These are pictures of the two trees that were already removed, and you can see just how
extensive the rot was, as had been demonstrated in the tomography.
Next slide, please.
So these trees, by the way, could not be planted on a new project as they're inconsistent
as their invasive exotic species.
We are replacing these trees, next slide, with seven not 24-inch, but 48-inch box sycamore
trees.
And as far as the herons go, there are many opportunities, next slide, please, in the
Peninsula area, hundreds and hundreds of mature trees for them to nest in until such time
as the seven sycamores that we're going to be planting on the property get large enough
to where the herons can nest there as well.
And they're opportunistic, we're not cavalier about them,
it's true they're not endangered species,
but they will have plenty of opportunities
to continue to nest in this area.
Next slide please.
And I'm going to show you this last picture
in the five seconds I have left that basically,
we have a special condition at the city level,
and I'll wrap it up with this,
that we have to make sure that there's no active nest
in the tree before the tree is removed
or before there's any construction activities.
and one more slide. I just want the commissioners to see this. Next slide, please. As your staff
reported, a playground is an aspect of this project. And this city was sued by a fatality
from a woman who was crushed from a eucalyptus tree that fell on her car in 2011. There's
simply no way that they're going to create this public amenity out here with a playground
children underneath a tree which is essentially widow maker. I thank you for your time.
I can please the comment. I'm sorry, did you say that concludes? Yeah, oh great, thank you,
thank you very much, I appreciate it. Okay, um, we will close the public hearing and I
will look to staff to see if they would like to respond. Yes, thank you Chair
Harmon. Staff just has a few comments in response to Mr. Petit's comments. I just wanted to
provide some general context about the appeal. So we did receive the appeal. We did have
a frank conversation with the city at the time that the appeal was received. We, you
know, we had concerns about the eucalyptus tree. We, you know, frankly told the city
that we, you know, were going to recommend substantial issue. The city, you know, wanted
a chance to, you know, correct their action. And so the city underwent a process to do
amended CDP which was brought to a local hearing I believe in around September or so.
We commission staff received ANOVA for the for the amended CDP there were no appeals
filed for that amended CDP but a staff went back and looked through the amended CDP.
We worked with our staff biologists and we determined that the mitigation plan in the
original CDP that is the subject of this appeal was actually, you know, more effective and
more preferable than the alternative that the city analyzed in their amended CDP.
And so that was, you know, the reasoning behind staff decision to move forward with this appeal.
So hopefully that, you know, provides some additional context.
I'll just ask if any other comments.
No, I think that concludes staff comments for right now.
But we remain available for questions.
Thank you.
Thank you, Ms. Spencer.
OK, I'll return to the commission.
Questions, comments, motions?
Thank you.
Commissioner Wilson.
I move that the commission determine that appeal number A-5-NPB-24-0047
raises no substantial issue with respect to the grounds
which the appeal has been filed under section 30603 of the Coastal Act and I
recommend a yes vote. Second. It's a motion by Commissioner Wilson, a second by
Commissioner Kelly. They're asking for a yes vote and we have a roll call please
Ms. Miller. Commissioner Kelly. Yes. Kelly yes. Commissioner Lee. Yes. Lee yes.
Commissioner not all aye not all yes Commissioner presciento yes yaddo yes
Commissioner Wilson yes Wilson yes Commissioner O'Malley yes O'Malley yes
Commissioner Escalante yes Escalante yes Commissioner Hart yes Hart yes
Commissioner Jackson yes Jackson yes chair Harmon yes Harmon yes the vote is
unanimous thank you miss Miller no substantial issue has been found okay
and we will now move to item 11 B please whenever you guys are ready thank
you thank you madam chair so that does take us to item 11 B this is a
substantial issue determination and de novo action of an appeal of a permit
issued by Dana Point to construct, to demolish a trellis and build a two-story 2,493 square
foot residence on a beach fronting lot at 35747 Beach Road in Dana Point Orange County.
The appeal contends the subject site is on a narrow beach that is currently subject to
wave hazards and flooding that will increase with sea level rise, exposing the proposed
development to those hazards and the city's action fails to address whether
some or all of the proposed structure may need to be removed as those hazards
to the proposed residents increase and the boundary of public trust lands moves
inland. Preservation of public access to and along the shoreline is also a
concern especially in light of the proposed retention of an existing seawall
and proposed extensions of development seaward of string line setback
requirements. Finally, the appeal contends that visual impacts to the development
were not adequately analyzed or addressed. In this case staff's
recommendation is that the Commission find these contentions raise a
substantial issue as to conformity with provisions of the LCP and the Access and
policies of the Coastal Act since staff is recommending a finding of substantial
issue here unless there are three or more commissioners who wish to hold a
hearing on that question of substantial issue substantial issue will be found
and staff will proceed with the de novo hearing on the merits of the proposed
project and note if the Commission does wish to hold a hearing on the
substantial issue question we do have a more complete presentation to cover those
specific issues raised. Thank you very much. Are there, excuse me, any
ex partes? Okay. Do three or more commissioners wish to have a hearing on
substantial issue? Okay. So substantial issue has been found and we'll move on
to the de novo portion of the hearing please. Thank you. Great. Thank you chair.
Thank you Mr. Schwing. Good afternoon commissioners. We will now move on to the
de novo portion of the staff presentation following consultation
with Commission staff the applicant revised the proposal to address the
concerns raised by the appellants of the original project as shown on this
slide the project site is located along Capistrano Beach in Dana Point on an
oceanfront lot located at 3 5 7 4 7 Beach Road next slide please the site is
currently developed with a trellis present on the site but is otherwise
vacant the wet sand of the beach seaward of the site is within the public trust
and available for passive recreation. There is an existing seawall on site
that was constructed prior to the enactment of the Coastal Act. The
property is located within the Capistrano Beach Community Association,
an established row of residential development with access to homes
obtained solely through the private beach road located landward of the
subject site. As seen on this slide, further landward of beach road are
railroad tracks, Pacific Coast Highway, and a coastal bluff supporting
additional development. Next slide please. Capistrano Beach along the Beach
Road community has been in an acutely erosional state starting in the 1970s,
recently accelerating to approximately five feet per year. In fact aerial
imagery shows that since 2015 there are intermittent periods where
there is effectively no dry beach at all and the beach is typically only
visible during very low tides. The Commission's staff coastal engineer Jeremy
Smith estimates that within the existing erosion rates, the mean high tide line
could imminently reach the line of development within the next couple of
decades. Erosion is and will continue to be a serious threat along Beach Road,
including the subject site, in the near to medium term. Historically, the beaches
in this area have been subject to additional wave uprush damage, flooding
and erosion during storm conditions and large summer southerly swell events. Due
Due to the geometry and orientation of this coastal stretch, very long period waves can
sometimes propagate inland as large bores which can overtop and affect low-lying coastal
structures.
Many existing residences located along Beach Road are already struggling with these hazards,
and many homeowners have installed unpermitted shoreline protective devices such as seawalls,
revetments, riprap, sandbags, and berms in response to the beach's particularly severe
erosion over the past few years.
staff has identified over 90 such cases and these devices in and of themselves
can exacerbate erosion through modification of shoreline processes
resulting in even narrower beach widths. Of the 202 residential lots along Beach
Road about a dozen parcels are currently vacant or unimproved and they form four
clearly visible gaps in the existing road development. Although neighboring
developed parcels with armoring as well as the current backshore profile likely
do provide some protection to the road from the wave overtopping under the
current range of conditions is probable that floodwaters can enter through these
gaps during extreme events since portions of the road are at a lower
elevation than extreme total water level elevations. In fact, the access road at
the nearby County Beach Road has flooded because of wave overtopping during high
tide events. Given the risks to the road, the Capistrano Bay Community Services
district has recently broadened its authority to include protection of the
road from flood damage. For these reasons, the Commission has been highly
involved in regional planning efforts to ensure that South Orange County, including
the Beach Road community, remain resilient and adaptive to future coastal
hazards and rising sea levels. Next slide please. A rendering of the revised plans
is seen here. The revisions made to the proposed two-story single-family
residents would result in 2,779 square foot of feet of floor area, converting the enclosed
garage to a 1,015 square foot four car carport, redesigning the lower deck to be cantilevered,
reducing the roof deck square footage, reducing the size of the second story balcony, and
removing the proposed stairs seaward of the existing seawall.
The changes to the project include a reduction in the number of caissons forming the foundation
17 caissons. The existing seawall that was installed prior to the enactment of the coastal
act does not include any proposed changes of development. Next slide please. The subject
beachfront lot is within a coastal high hazard area and as such is already subject to coastal
hazards such as wave uprush flooding and erosion. The photo see on this slide is from 2021 and shows
the homes directly west of the subject site along beach road showing the conditions near the subject
site and the threats posed by wave action for this area.
The beach seaward of the site, from the line of development to the mean high tide line
at the subject site, was approximately 33 feet wide in January 2024, with a long-term
erosion rate of 3 feet per year and no accelerated sea level rise.
The mean high tide line could reach the line of development at the site in less than 16
years.
Even under more conservative estimates, the mean high tide line could reach the line of
development at the site in less than 31 years, which demonstrates that erosion is and will
continue to be a serious threat along Beach Road and the subject site in the near future.
Thus, ample evidence exists that all Beachfront residential development in the Beach Road
community is subject to an unusual high degree of risk due to storm waves and surges, high
surf conditions, erosion, and flooding. The proposed development will continue to be subject
the high degree of risk posed by the hazards of oceanfront development in the future,
including as exacerbated by sea level rise. Even today, there are periods when there is no dry
beach at the subject site. The seawall, which was shown on previous slides and is outlined in
yellow on this slide, is proposed to remain only to protect the adjacent structures that currently
depend on the wall for protection from coastal hazards. While an existing seawall would typically
be removed as part of this kind of project proposal that is designed to not depend on
shoreline armoring. The presence of immediately adjacent structures constructed prior to the
enactment of the Coastal Act depend on the existing protection of the seawall.
The applicant is not proposing any development related to the seawall at this time. Regardless,
the proposed construction is designed to be safe from coastal hazards, so in the future,
if the seawall is removed, it would not affect the safety of the proposed structure.
Next slide, please. The LCP requires that new development be visually compatible with the
the character of the surrounding areas, and where feasible, restore and enhance visual
quality.
The rendering on the right shows the residents with an open carport instead of an enclosed
garage on the ground level.
The applicant has agreed to this design to address coastal hazards and marine debris
noted next.
This design is also helpful for public view enhancement.
In order to maintain some ocean views from a coast highway, it is necessary to require
view corridors within the side yard setbacks of residential development in this beachfront
area, and there is included a condition of approval for view corridors, as well as condition
of approval to apply visual treatments to exposed caissons.
As conditioned, the project is consistent with the LCP.
In addition to the visual impacts associated with garages for beachfront development, there
are impact risks posed by wave uprush flooding.
In flood conditions, debris from the breakaway panels used in an enclosed garage could be
swept into obstructing Beach Road, which is the only access way for the Capistrano Beach
Community Association.
Flooding of the road could result in impacts to site ingress and egress, emergency vehicle
access, public safety, and infrastructure.
A garage could also be used for the storage of hazardous chemicals such as household paints
and cleaners in the carports that could enter the marine
environment during flooding events.
Conversion of the enclosed garage to a carport
minimizes some coastal risks, such as those from marine
debris, while some others persist.
The revised project plans are adequately
designed to protect against wave hazards
over the life of the development,
with the elevation of the resident's finished floor
elevation approximately 3.5 feet above the future base flood
elevation, as determined by the wave run-up analysis
conducted for the site.
Next slide, please.
The proposed project raises a number of additional issues
that are discussed fully in the staff report
relating to water quality, hazards, public rights,
and protection of archeological
and tribal cultural resources, among others.
In conclusion, staff recommends the commission
approve the de novo permit with 15 special conditions.
Next slide, please.
The applicant has indicated that they are in agreement
with all conditions of approval
and support the staff recommendation,
and there was no correspondence received
regarding the staff report.
In the past year, Commission staff and the City of Dana Point staff have worked together
closely to resolve the issues concerning new development along Beach Road, and we would
like to note for the record that in November this past month, the City successfully processed
a CDP application for a new home on Beach Road that was not appealed to the Coastal
Commission.
The motion to approve the CDP per the staff recommendation can be found on page 26 of
the staff report.
This concludes the staff presentation.
including the Commission staff coastal engineer Jeremy Smith are available for questions. Thank you
Great. Thank you very much. Okay now we'll open the public hearing and I will ask Simone and Chris
Yes, so we have three attending but they're just here available for questions
Okay
Wonderful, and I will close the public hearing and bring it back to the Commission
comments questions
Motion Commissioner Kelly. Yeah, I just want to thank
Staff and and the community for for working so diligently on this for the last
looks like several years from when the appeal was filed until now and I just want to say that this is
Something that I believe we're going to continue to see a lot of in a variety of communities up and down the coast
Especially as we're looking at at all of the new sea level rise standards
So, I think as evidenced by the last comment of staff
that there was a subsequent application
that has not been appealed in this same area,
I think we are going to be,
actions like this and the conditions of approval
that have been established will kind of set the groundwork
for a lot of what is to come, I imagine,
in the next decade before us as we see so much
of this unfortunate change taking place
along some of our beaches with sea level rise
and impacts of storm surge and otherwise.
And so I'm just grateful for our staff
and the applicants for being able to work towards
what seems like a reasonable solution to move forward.
And I would like to make a motion
that the commission approve
the Coastal Development Permit Application
number A-5-DPT-23-0011 proposed by the applicant
and I recommend a yes vote.
Second.
Thank you, that's a motion by Commissioner Kelly,
second by Commissioner Wilson they're asking for a yes vote and we have a roll
call please Ms. Miller. Commissioner Lee. Yes.
Lee yes. Commissioner Notoff. Aye. Notoff yes. Commissioner Presiado. Aye. Presiado yes.
Commissioner Wilson. Yes. Wilson yes. Commissioner O'Malley. Yes. O'Malley yes.
Commissioner Escalante. Yes. Escalante yes. Commissioner Hart. Yes.
heart. Yes. Commissioner Jackson. Yes. Jackson, yes. Commissioner Kelly. Yes.
Kelly. Yes. Chair Harmon. Yes. Harmon. Yes. The vote is unanimous. Thank you. The
permit is approved. Okay. Now we will move on to item 12B please. If you just
pull up the PowerPoint please Chris. All right. Good evening commissioners. Item 12B
is the de novo hearing of an appealed local CDP approved by the City of
Dana Point for the construction of a new two-story single-family residence with
an attached garage on the ground floor supported by caissons and a beach
fronting lot. The applicants are Rick and Wendy Watson. This is the third and
final Beach Road project scheduled for the day. Our presentation will focus on
areas of disagreement rather than reiterating the findings presented in
earlier staff presentations. For the record, we are incorporating those here
by reference. Next slide please. The property is 35665 Beach Road located
within a private community.
Next slide, please.
The project site is a 2,137 square foot beach front lot
that extends approximately 55 feet seaward from Beach Road
and the rear property line is ambulatory
with the mean high tide line.
The site is currently developed
with an 825 square foot single-story single-family residence
as well as a timber, seawall and staircase,
all of which were constructed prior to the enactment
of the Coastal Act.
Next slide, please.
The project, as approved by the city,
is for the demolition of an 825 square foot
single-story single-family residence and construction of a 2,627-square-foot, two-story, 35-foot
tall single-family residence above a 1,025-square-foot lower-level garage.
The garage would be enclosed with breakaway panels.
The city approved elevation of the residence and garage above beach grade using 14 caissons.
The applicants proposed a balcony on the first floor of the residence, which would extend
approximately 6 feet beyond the structure but conforms to the patio string line.
The existing seawall and staircase that were installed prior to the enactment of the Coastal
Act are proposed to remain to protect the structures adjacent to the subject property
and do not include any proposed changes.
Next slide please.
The subject beachfront lot is within a coastal high hazard area and as such is already subject
to coastal hazards such as wave uprush, flooding, and erosion.
The image on this slide was taken in August 2021 located approximately one mile up coast
of the subject site demonstrating the coastal hazards associated with development along
Beach Road.
As has been discussed in previous presentations today, this part of the Dana Point Coast has
experienced an accelerated decades-long erosional trend starting in the late 1990s and is subject
to coastal hazards which will be exacerbated by sea level rise. Next slide please. The beach width
as of January 2024 was approximately 34 feet from the line of development to the Meen Hyde
Tideline at the subject site. With a long-term erosion rate of four feet per year and no
accelerated sea level rise, the Meen Hyde Tideline could reach the line of development at the site
in less than 14 years. Even under more conservative estimates, the Meen Hyde Tideline could reach the
line of development at the site in less than 28 years, which demonstrates that erosion is and will
continue to be a serious threat along Beach Road and at the subject site in the near future. These
scenarios are based on the removal of the seawall as the seawall will prevent the Meantide Tyline
from migrating landward when it is in place. The removal of the seawall will be discussed next.
Next slide please. As can be seen in this photo, which was taken on site by the applicant's
consulting biologist in August 2025, there are periods when there is no dry beach at the subject
site. The seawall, which was shown on the previous slide and is outlined in white on this slide,
is proposed to remain only to protect the adjacent structures that currently depend on the wall for
protection from coastal hazards. The city approval did require removal of the seawall, however staff
recommends imposing special condition 7, which clarifies when the seawall would be removed,
which would be when any of the following conditions occur. One, the adjacent residences are no longer
present or rather the residences undertake development which would require a CDP. Two,
the adjacent structures no longer need the protection, or three, the functioning of the
seawall has diminished to such an extent it is no longer serving to protect the existing structures.
Currently best available science estimates up to approximately 4.7 feet of sea level rise at the
subject site by the year 2100. With the recommendations for engineering design,
including raising the residents on 14 caissons above the future base flood elevation,
the applicant's consultant concludes that the residents will be relatively safe from hazards
over the proposed 75-year project life.
The Commission's staff coastal engineer, Jeremy Smith,
concludes that the proposed elevation
of the residence is a reasonable effort to minimize the risk
from flood hazards to the residence and its design
on pile foundations similarly reduces the proposed structure's
risk from erosion.
However, Mr. Smith's analysis also concludes
that Beach Road is expected to be threatened
by both coastal erosion and wave-related flooding
within the 75-year lifespan typically considered
for residential development, ultimately restricting access
is tuned from the proposed residence
within the anticipated life of the development.
Additionally, based on projections of shoreline changes
caused by sea level rise, the mean height tide line
is expected to migrate inland
and underneath the proposed residence
with as little as 1.8 feet of sea level rise,
which is also within the anticipated project lifespan.
In this case, the development can be designed
and conditioned to be consistent with the LCP,
including future removal of the development
if it is not safe to access or inhibit the residence
because the road is consistently flooded
or if utilities are damaged beyond repair.
Conditions of approval also specify
that the development must be relocated and or removed
if it comes to encroach on public trust lands
when the Meenheid Tyline migrates landward
with sea level rise.
Next slide, please.
Given that the project site is subject
to significant coastal hazards
that will only exacerbate with sea level rise,
the Commission's staff engineer, Mr. Smith,
has made certain recommendations
to ensure that the proposed development
would minimize risk and avoid adverse impacts
to coastal resources to the greatest extent feasible.
These recommendations include specific changes
to the design of the project.
Primarily at issue is the recommendation
to design a carport in lieu of an enclosed garage
with breakaway walls.
The applicant submitted a letter to commission staff
objecting to any revisions to the project design,
specifically the replacement of the enclosed garage
with a carport.
As noted in Mr. Smith's memorandum attached
to the staff report, there are several concerns
with the proposed at grade garage
with regards to marine debris and water quality
through the storage of materials
and increasingly frequent destruction of breakaway walls
exacerbated and expected with sea level rise.
Mr. Smith notes that the structure will still
be subject to significant direct wave attack, wave
run-up, and overtopping.
The garage located below the future base flood elevation
will experience repeated stressors from wave impact
and will likely experience accelerated degradation
with the additional effects of abrasion from repeated impact
from sand and cobbles and corrosion
and spalling from the marine environment.
It is likely that major repairs will
be needed to these more exposed part of the structure
prior to repairs to the habitable portions.
A fast moving borer from a wave running up
or flowing across a project site
impacting the breakaway panels could cause failure
with water depths of less than one foot.
The elevation of the garage is close to the elevation
of many existing decks and patios along the beach front,
which are frequently impacted or overtopped by waves
during high tides that coincide with moderate swell.
Given the breakaway walls would be approximately
12 feet landward of the seaward line of development,
it is plausible that wave bores from extreme events
could reach the garage due to episodic erosion,
causing waves to break closer to the residence or water
from overtopped waves accumulating at the landward
side of the lot.
The frequency of failure of these breakaway panels
will increase with sea level rise,
increasing the risk that debris from the breakaway panels
and any unsecured material stored in the garage areas
would be mobilized by waves and released into the nearshore
marine environment.
The proposed garage is already at risk
and will increasingly be at risk of sand
breaking through the breakaway panels
should it pile up at the wall of the garage,
again exposing the materials in the garage
to the marine environment.
Mr. Smith estimates that the breakaway walls
could fail more than once a year
from either wave impact or a buildup of sand
on the seaward side of the walls,
and he recommends that the design be modified
to allow waves to flow unobstructed
through the garage without breakaway panels.
Applicants with new structures proposed along Beach Road
have argued in the past that the LCP
requires breakaway walls.
The LCP allows for breakaway walls,
but does not require them,
and provides an alternative by allowing
lowest floor to be free of obstructions. While the LCP prohibits subterranean
garages on Beach Road, it does not prohibit carports. Staff recommends the
use of carports as unenclosed structures free of obstructions along Beach Road
in new development so that waves can flow unobstructed beneath the residents
and that there be no structures at Beach grade on the seaward side north to
minimize the contribution to marine debris and worsening of hazards in the
surrounding area. Since the frequency of failure of the proposed breakaway panels
will increase with sea level rise, there is an increased risk that the debris from
the breakaway panels will be mobilized by waves and released into the near-shore marine
environment.
Depending on how the breakaway panels fail, large chunks or sections could drift in post
hazards to nearby residences or to beachgoers.
Because there is no public easement on this property across the dry sand, when the walls
break away, they could have public access impacts because the failed walls will be in
the surf zone, which is near the mean-hide-tide line and the area of the beach that provides
public access to the coast.
Furthermore, the enclosed garage may also be used for the storage of electrical and
mechanical equipment, cleaning chemicals, or other hazardous pollutants.
Inundation of the garage could thus result in the release of harmful chemicals into the marine
environment and our impacts to water quality and surrounding coastal habitats via the creation
of marine debris. Therefore, in order to avoid the creation of marine debris and minimize the
potential for water quality degradation, staff continues to recommend special conditions requiring
design changes to the plants to replace the proposed enclosed garage with an open carport
and conditions which prohibit the storage of unsecured and hazardous materials within the
open carport to avoid their release into the marine environment. In addition to the benefits
outlined here, our carport will have other benefits such as preservation of a portion
of blue water views which will be discussed later in the presentation. Next slide please.
The subject site is located within an almost fully developed residential area with no vertical
public beach access currently available due to Beach Road. The closest vertical access points
available are located approximately one mile up coast and a half mile down coast from the project
site, including Capistrona Beach Park shown on this slide. Because there is no existing public
access easement at the site across the dry sand, members of the public see where the property would
only have lateral access across the wet sand along the mean hide tide line. While there is an existing
shoreline protective device on site that doesn't feed the inland migration of public trust lands
and could in the near future impact public access to the shoreline, the shoreline protection was built
prior to the enactment of the Coastal Act, the applicants have stated that the two adjacent
residences rely on it, and the applicants are not proposing any development to the seawall
and are not proposing to alter it.
As previously discussed, staff recommends conditions of approval to monitor the Mean
Hyde Tideline and remove development that may restrict public access in the future.
The project, as conditioned, does not negatively impact public access.
As conditioned, the project is consistent with the LCP and public access policies of
the Coastal Act.
Next slide, please.
The applicants have submitted a view impact study
that shows the residents as proposed
with an enclosed garage on the ground level
shown on this slide.
The applicants assert no additional view impacts
or loss of blue water views will occur
given a single story residence currently exists on site.
Commission staff requested a rendering
of the proposed project with an open carport
in lieu of the proposed enclosed garage.
However, the applicants objected to the request.
Next slide, please.
As can be seen on this slide, blue water views are present
if viewing the subject site from a vehicle or train.
Therefore, the project would result in additional loss of blue water views from Coast Highway
if approved as proposed by the applicants.
The LCP requires that new development be visually compatible with the character of surrounding
areas and where feasible will restore and enhance visual quality in visually degraded
areas.
Providing ocean views across the site in the new development would restore and enhance
the visual quality.
Commission staff recommends that ocean views be provided across the site via two conditions
of approval which require design changes to convert the enclosed garage to an open car
and to provide view quarters within the side yards of the property.
Next slide please.
As outlined in the staff report, the project also has the potential to impact marine resources
and tribal cultural resources.
In the event that portions of the development fall to the beach before they are removed,
conditions require the applicants or successors in interest to remove all recoverable debris
and associated with the development from the beach and ocean, and conditions are imposed
on the construction phase of the project to protect marine life and water quality.
Because the applicant's biologists noticed that nesting could be possible on site, staff
recommends a condition of approval to require a nesting bird survey prior to
construction in order to avoid any impacts in nesting birds, raptors, or bats
that may be on site. Commission staff engaged in tribal consultation and
tribal governments recommended tribal monitoring during construction activities
be included as conditions of approval. Staff recommends 16 special conditions
as outlined in the staff report and summarized on this slide. Next slide please.
Staff recommends that the Commission approve the de novo coastal development
permit per the staff recommendation. The motion to accomplish this can be found
on page 7 of the staff report. We would like to note for the record that an
addendum was published for this item that includes minor modifications to
Special Condition 7 and provides a response to a letter of opposition
received from the Pacific Legal Foundation. Additionally, staff received
a comment letter at 4.30 yesterday evening from the applicant's
representative which outlines the applicant's objections.
Unfortunately, we were not able to post it on the website due to the timing of
the submittal. In summary, the applicant does not agree with Special Condition 1c
requiring revised plans for a carport, a portion of Special Condition 10 requiring a view corridor
through the carport, Special Condition 6 for a waiver of shoreline protection to protect the
new home in the future, and Special Condition 7, which requires submittal of a removal plan
so that as the mean high tide line migrates further landward, portions of the home that may
come to be located on public land in the future are removed from said public land. Special Condition
7 clarifies the point in time when the existing sea wall needs to be removed from the site.
The letter also attaches declarations from the applicant's graphic designer and the applicant's
including FEMA standards for construction of breakaway walls. The reasons for the reference
condition are thoroughly discussed in the staff report. Generally, the letter appears to cite
uncertified language referencing garages, and the applicants believe that the LCP entitles them to a
garage. However, staff notes that the policy and code language of the LCP is specific and that it
allows for garages but does not require them for beachfront homes in this area. The letter also
raises some concerns with the visual analysis and contends that a view
corridor through the garage is not required. Staff disagrees with the reason
stated in the staff report. With that, staff continues to recommend approval as
conditioned. This concludes the staff presentation and staff including the
Commission's staff engineer Jeremy Smith are available for questions. Thank you.
Great, thank you very much. Are there any ex partes? Okay, seeing none, we will open
in the public hearing. I'll go to Chris and Simone. Yes. So we have five speakers. Two
of them. Well, four of them are in person. The first two are on Zoom. Paul Beard and
Richard Watson. They are the applicant. And then we have three from the public. Paul Beard,
if you can unmute yourself and go ahead and speak.
Good evening. Can you hear me? So between myself, I'm counsel for the applicant and
the applicant himself, would it be possible for us to get say seven minutes? I appreciate it. Thank
you. And good evening, honorable commissioners. I'm Paul Beard. I represent the applicants Rick and
Wendy Watson. We do appreciate staff's recommendation to approve this project.
As staff noted, we do object to three of them, but I want to focus on one in particular, and that's
the requirement that the garage be replaced with the carport. First I'll note that the garage is
perfectly consistent with the city's LCP. The LCP expressly provides that for detached single-family
homes up to five bedrooms like the Watson's three-bedroom residence, the property owner must build
two stalls in a garage, not a carport but a garage. I think the staff report misquotes that
provision omitting reference to the mandate that the parking stalls be in a garage. So under the
LCP this is perfectly compliant. In a different section of the LCP which governs areas like the
the Watsons that are in, quote, special flood hazards,
end quote, the LCP states, quote,
garages may be constructed as long as they are designed
with breakaway panel walls, end quote.
In other words, in this provision,
the LCP gives the property owner here the Watsons
the option to build a garage so long as he does so
with breakaway panel walls.
And that's exactly what the Watsons have proposed.
The staff report says that this provision
that I just quoted doesn't mandate the inclusion of garage.
No, it doesn't mandate that the property owner
choose a garage over a carport,
but if he chooses a garage designed consistent with the LCP,
that is to say with breakaway panel walls,
then the LCP does mandate that his choice be honored.
The staff report also cites hazards and risks
associated with failure of the breakaway panel walls
would be a part of the garage, including the fact that they might drift into the ocean and cause
harm to the marine environment and other persons, even members of the public seaward of the garage
when the walls fail. But that's exactly what breakaway panel walls are meant to do, break and fall
away. And who would be recreating at the foot of the Watson's property when the sort of high
intensity wave action and flooding break the Watson's panel walls. So in our view that risk
is non-existent and ultimately the city authorized breakaway panel walls in flood hazard areas like
this one and the commission certified those kinds of structures as consistent with the
Coastal Act knowing all the hazards and all the risks associated with them to now disallow
with breakaway panel walls designed consistent with the LCP,
is to ignore or even rewrite the clear language
of the city's certified LCP.
I think if the commission wants to do away with garages
with breakaway panel walls in the coast,
then there's a means to do that
by way of an LCP amendments.
So for all these reasons,
the conditions requiring the Watson's to eliminate
their enclosed garage with breakaway panel walls
and replace it with an open hard port should be removed.
With that, I'd like to turn it over
to the applicant, Mr. Watson.
Hi, can everybody hear me?
Yes, we can hear you.
Okay, great.
We have an existing home with an enclosed garage right now.
It was built in 1948.
We also have the seawall that protects my property
and several neighbors in the road.
My simple goal has been to replace the existing home
and garage with a new one
exact same building footprint that has been there since 1948. I'm now approaching my fourth year
attempting to get a permit. There are 16 special conditions in the staff report and I can live
with most of them, but as my attorney Mr. Beard said I object to three of them. I like to discuss
one regarding the replacement of my carport and I truly would love the commissioners to put themselves
what the city has done. There
are a lot of good jobs in my
position. How can it be
justified that I spent over
$120,000 on consultants. And
years of design. Just to meet
the exact certified L C P rules
and now four years into that
process, coastal has decided to
change the requirement without
any formal amendment procedure.
Or agreement with the city and
I have an elevator entrance to
my home at the garage level and
that will now be completely
open and exposed to the public.
I also have extreme concern over
the safe loading and unloading
of a handicap family member in
an open unprotected area.
Second, the issues raised in the
staff report concerning the
garage level will now be
completely open and exposed to
the public.
I also have extreme concern over
the safe loading and unloading
of a handicapped family member
in an open unprotected area.
garage are not based on any site specific evidence nor does the staff report explain why a FEMA
approved design for breakaway wall panels which is accepted across the nation are not acceptable
on Beach Road. This adaptable engineered design of our garage is the exact requirement clearly
called out in the certified LCP and it's required and approved by FEMA. Our property is also a little
bit different from some of the recent applicants due to the fact that I have a 12 to 15 foot
raised elevation above the beach behind a seawall. I don't really have the same wave
run up as the existing vacant lots that you've been looking at. Finally, the staff report
says the cardboard is needed to preserve the ocean views. But there's no such ocean view.
I have regularly been to various locations,
Landward and Beach Road, looking toward my current home.
I ride my bike, I run on the trail.
I have driven by in vehicles past the house.
At no time have I ever seen ocean views
over the current house.
Simply put, there's no existing blue water views
from the public path or PCH.
Those pictures that are shown are probably
from a Google car with a 10 foot mast on top of the car.
That's why you're seeing blue water over the top
by my house and pictures that I did not give to Coastal.
I'm requesting the Commission approve the project
without the three conditions we object to,
especially the requirements to replace the garage.
Thank you very much.
Thank you.
And then we have Mitch Silverstein,
John Seidenstich, and Leslie Purcell.
First, I just want to apologize to Mitch Silverstein,
who we missed earlier in 12A, which was moved to consent.
You moved your comment here because it was kind of similar,
But you had to hang around for another two plus hours
in a hot, sweaty room.
So I'm sorry about that.
I did submit a presentation.
If you can pull that up, if you could just
skip to the third and last slide, it's a video.
And then press Play.
So instead of looking at me, you can just look at the video.
And no sound necessary.
Sorry.
So yeah, this is a video showing Beach Road and nearby Capistrano
Beach. This is August 2021 during a very high tide. With sea level rise this is
gonna like as our staff really explained well this is gonna be the normal high
tide and as little as 30 years. I also just want to know there's a clear
pattern of what's happening. There's three in Don't Knowvo hearings on
Beach Road homes that were locally approved by Dana Point and appealed by
commissioners so that the commission could then impose stronger coastal
access and resource protections.
It's not an ideal scenario, but I thank you for doing it.
I'm here to support the conditions placed
via this de novo hearing and the previous ones.
As you can see, this isn't just any plot of land.
This is a stretch of rapidly eroding beach
where the mean high tide line has shifted landward
substantially, and with rising seas,
that shift will accelerate.
Portions of this house are going to be on public tide lines
within 30 to 50 years, and that reality must be accounted for.
The coastal hazards to properties on beach roads
They're very real, as this video shows.
And new homes are not entitled to shoreline
armoring per the Coastal Act,
partly because they destroy our public beaches.
The commission's coastal engineer wrote
that even with these strong conditions attached,
the property will be subject
to increasingly damaging wave hazards over time,
and will likely need major repairs
within the 75-year design life.
The residences are also reliant
on its connection to Beach Road,
which itself is exposed to erosion and flooding
over the next 75 years.
I hope that helps explain in part why staff
are requiring these open carports
instead of enclosed garages.
It'll limit what ends up washed away as marine debris
when the ocean reclaims it.
So I sympathize with the applicants
who need to suffer this process with you,
but I urge you to hold strong.
The reality is that we need to stop building homes
on beaches, but this is the best we can do.
They're building at their own risk,
beaches belong to everyone,
and these conditions help protect coastal resources
and whatever public lateral access we can salvage.
Thank you.
Thank you. Next is John Suddenstik. I'm going to allow you to talk here on your phone. Remember,
you can unmute yourself by using star nine. Okay. So we'll come back to John. He's not
unmuting himself. We'll go to Leslie. Leslie, go ahead and unmute you. Leslie Purcell, go
ahead and unmute yourself. Okay. Can you hear me now? Yes. Thanks. Great. Well, I'd just
like to follow on as well that I think it's really questionable the wisdom of
such a large development on a lot size the best square footage of the house is
larger than a lot and then it adds on a thousand plus square foot of a three
level garage that seems just excessive this is on the beach the beach is not
wide as you just saw the wave action is already very intense and we have see
little rise coming and happening as we speak I think that it's just a question
there was also a variance given for setbacks so setbacks are less than the
city I believe and their general plan anyway I just want to again raise the
issue of allowing such developments again and again along such a narrow
stretch of each
I'm you're saying really choppy miss Leslie do you want to repeat that last
that sentence you said a little bit more clearly.
A step.
And all the work that I get him.
I'm sorry.
I'm sorry we could not hear you.
You want to repeat that last sentence again.
Real quick some of such element on that.
It's that this is.
And we have OK I think let's just move on.
Thank you.
OK.
Thank you Miss Leslie Purcell.
Next we're going to go back to John Sedistic.
Sorry about that, it's $6 to unmute.
I see you're unmuting.
You hear me now?
Yes, perfect.
Thank you, go ahead and speak.
Star 9 didn't work.
So I, too, am a resident of Beach Road
and have been pursuing a permit for years.
And it's really unfair to us residents.
I understand people don't want us down there.
My home has been there since 1947.
We follow the letter of the log of the LCP,
but the staff continues to move the goalpost
and change the rules.
And the whole process of the LCP was put in place
to eliminate this behavior from happening.
We spend a lot of time, effort, and money
to follow the rules, to build plans to do the right thing,
and build something that can stay there for generations
for our children and grandchildren.
And yet, consistently, you continue
to put conditions out there that aren't even constitutional.
You look at condition five and six on Watson's property,
those are a taking.
The Constitution protects the government
from being able to take somebody's property
without paying for it.
It's just very disturbing.
And I agree with Rick on the 1C.
The carport is an unnecessary.
The what ifs that the staff throws out there
are just mind boggling.
So I urge the approval.
I think it's more than fair.
I think they have done their due diligence.
They've followed the letter of the law.
And I would support approval of this,
mitigating one C, five, six, and seven conditions.
Thank you.
Thank you, that completes the comments.
Great, thank you very much.
And I'll ask if our staff would like
to get any concluding comment.
Thank you, Chair.
Just a quick note from me,
and I'll turn it over to our staff engineer,
Mr. Jeremy Smith.
Just wanted to clarify,
the applicant's representative, Mr. Beard,
mentioned some zoning code requiring a garage.
wanted to clarify, that is uncertified zoning code.
And so I mentioned that presentation.
I just wanted to make sure that was clear,
that zoning code is not certified by the commission.
What is certified is the allowance of either a carport
or a garage.
And what we just, without repeating myself here,
want to emphasize is that it staff's understanding
and belief that the carport is more protective of coastal
resources based on our analysis.
And with that, I'm going to turn it over to Mr. Smith.
Yes. Thank you commissioners. I just want to address some of the comments raised in public comment. One I want to start this is a this is a very hazardous area, the coastal high hazard area identified by FEMA extends the entirety of the beach road community.
I also want to clarify some points on the breakaway panels so breakaway panels are allowed by FEMA to enclose areas below the BFE and coastal high hazard areas. The rationale is that we engineers don't want the loads imputed on walls from way
walls from waves to transfer to the primary structure because it's been shown to cause
significant damage in the United States.
I just want to also note that FEMA notes in their technical bulletin that enclosed areas
that use breakaway panels are generally at higher risk and generally require higher risk
insurance premiums.
Breakaway walls are typically designed for up to 20 pounds per square foot.
There are some provisions where you can allow for some higher design loads with some additional
analysis.
And just for reference, the wave uplift forces on the garage floor estimated by their coastal
engineer are in the order of 4,000 pounds per square foot.
So these breakaway walls, they are designed to fail under relatively low wave loads.
And that's, again, for the protection of the primary structure.
To get a sense of the force that could cause breakaway walls to fail, you can imagine a
kiddie pool filled with water moving at a few miles per hour. That's generally the
kind of load from a moving body of water that can cause these walls to fail. To
clarify, I don't think that the breakaway walls as proposed would break every year
under current conditions. However, with accelerating sea level rise and
consideration of a scenario without the seawall, which the applicant's coastal
engineer notes, is not likely to last the entirety of the 75-year design life,
that frequency will increase. Lastly, my memo to the issue of, you know, site
specific analysis or lack thereof, my memo does include a range of estimated
wave run-up levels from FEMA from a transect just a few hundred feet to the
south, which shows wave run-up estimates above the garage floor even under two
year annual recurrence interval conditions, and we expect those wave
run-up estimates to increase at a minimum of linearly with sea level rise, so every
one foot of sea level rise those wave run-up estimates would increase one
foot. And to say it another way, you know the current 100 year, the current two
year wave run-up level is not the future 100 year, two year wave run-up level.
And that concludes my comments. Thank you, Jeremy. And just one final thought.
the we heard comments that staff was applying new rules we aren't applying
new rules we're applying the current LCP requirements to the current and
expected future situation and so the outcome may be different than it has
been in the past but the facts are different. Thank you. Okay thank you very much well now
I'll return to the commission. Commissioner Kelly. I just had a quick question for staff.
How do some of these conditions clearly will impact subsequent homeowners imagining that,
you know, at some point over the life of this property, the folks want to sell this home or,
you know, pass on. How are those conditions communicated to subsequent purchasers of the
property. The conditions are recorded on the deed to the property. Thanks.
Commissioner Escalante. I'm happy to make the motion. I do, I mean I have a short
comment but. I just had a question about the view corridors in the garage. I
I certainly understand the applicant's issue with regard to the garage and if
it is consistent with the LCP it has the breakaway walls. I'm comfortable with
that condition being removed. With regard to the view corridors I think staff
recommendation was was it three and a half feet on either side is that what I
this correct so if if I'm driving by there's a three and a half foot gap in
between that someone could get a view of the blue water that in combination with
the open carport correct I am comfortable with those two conditions
being removed I don't know if there's any support for that yeah yes I'm sorry
yeah thanks so much um I really appreciate your comments Commissioner
Jackson but I say I strongly agree with staff something that comes up quite
often this issue regarding garage doors and even if they're and really there's
There's multiple problems with them that staff describe.
Just starting with problem number one.
So you have a way overtopping,
which could happen relatively soon,
and you can see from the photos.
And the garage doors break loose
and then just become, what's the word I'm looking for?
Projectile, that's the word I'm looking for.
I mean, giant projectiles going down the road,
destroying other houses, you know, impacting everything.
It creates a really hazardous situation.
So I feel really strongly and we've had this topic come up before, so this isn't something
that we're just, it's just a point to this project.
This has come up before and this is how the Commission has basically addressed this issue
of these developments on areas that are really going to be, are currently and are going to
be increasingly subject to overtopping and sea level rise.
So that's that.
And then as far as the view goes,
I mean, it just becomes a wall.
And really, that's what the Coastal Act was meant to address.
This idea that you're driving down a road,
and all there is is a wall of houses.
The ocean could be there, or it could not be there.
And just the simple opportunity to just view any blue water
view is important.
So I mean, for me, these are critical parts
the the conditions sorry I'm having a hard time talking only been what 10 are
we moving on to 10 hours so anyway but I certainly appreciate your comments no
and I appreciate your explanation and the the rationale and and I understand
it intuitively it makes sense with a carport anything in that garage is a
potential projectile to include a car. All right. I mean assuming the waves
come crashing over could push the car out and that could be a projectile as
well. So I appreciate that. Thank you. Commissioner Escalante. Thank you chair
and definitely you now remember these discussions of years past and I think
one of the things to keep in mind is that staff only applies this kind of conditions
in areas that are of extreme hazard risk. This is not a sort of thing that fits all
circumstances, not even all future circumstances. I think this particular speech is quite impacted
by sea level rise and what's going to come.
So what I actually found most disturbing
about the conversation was sort of the nihilism
and sort of the belief that these homes are
going to last for generations.
Because, I mean, we've got to be realistic about this strip.
And we can thank climate change for that,
whether you want to believe it or not.
But we just can sort of not keep going,
building, and expanding, and putting people at risk.
And I would say that a car would probably
be a little heavier than a door and whatever else.
Loose things are kept in a garage,
which is, I think, one of the things
that we want to discourage, having other hazards.
So I would say, in terms of the takings argument,
Like what we're saying is you can throw good money
after bad if you want to.
And you can't do it by taking or destroying public beaches.
And I think this is a fair compromise,
considering that this is a terrible place to build,
but we have to let it happen anyway.
So we want to make sure that it's done the safest way possible.
So I'm happy to make the motion as it is.
We have one more question before we go there,
then I'll turn to you. Commissioner Lee. Hi, I had a couple questions. So you
mentioned that the standard is applying the LCP specifically to a changing set
of circumstances, is that right? Or to the conditions presented at hand? Yes,
that's right. And so if the LCP currently allows homeowners to have either a car
port or a garage, does something need to change in that regard, at least as
to this section of the beach if garages moving forward in closed structures
moving forward will be difficult to build or pass I'm just trying to think
about fairness and setting expectations for homeowners or future homeowners in
the area of like what they should plan for moving forward and does something
need to change I think what we were referencing was sea level rise and
climate change and the forces that are and and the erosion of the beaches so those are the facts that are changing that the
Beach is getting smaller the waves are getting bigger
Sea levels are rising and so there's not I don't think there's anything we can do from an LCP perspective
but the
hazards are more
hazardous Jeremy would probably
Say that a little bit more eloquently
but that's what we're trying to address here.
Yeah, that makes sense to me.
So what I'm saying is like,
should we set an expectation for homeowners moving forward
that the conditions have now become so perilous
and that the future has changed to the point
where you should just say you can't have enclosed garage
so that people don't design projects and then come here
and feel like they have had something taken away from them
to the extent that we cannot approve projects
with those conditions moving forward.
And then did you say that there was an estimate
that the breakaway panels would actually break away
like on an annual basis?
Is that what you had said?
Sorry, I was clarifying in the staff presentation,
it was mentioned that, you know,
estimate that the breakaway walls could fail
on an annual basis.
Now it's clarifying that that's in a condition
where the sea walls are moved
and with significant sea level rise.
So I do not expect them to fail every year
under current conditions just to clarify that.
OK.
So then could you give an estimate
on when you think the next potential time they would
actually break?
I'm just trying to gauge how often is there
a risk in the next few years that they will become
a projectile flying down the street.
I will say I appreciate the sort of desire
for an exact prediction.
Yeah, I know you can.
I know you don't know exactly, but have there
been any conditions in those videos from 2021
where that would have happened given those waves as they were,
or no, there have never been conditions yet that would have
caused breakaway panels to fly down the street?
I will say that in some of those videos,
we have seen debris in the water.
We have seen fronting doors broken in this past five years.
I can't really speak to whether the breakout walls would fail
exactly at this site.
A big factor here is the presence
to that CUL which does provide some protection from waves.
Yeah, I think we're just trying to figure out
how we can set expectations for people
because if they begin the project of designing a home
and then within the LCP, it says you can do a cardboard
or a garage, then they design with that expectation
and it just becomes this exercise that we have.
And I feel for the applicant as well
on the safety and security aspect of it.
So I think with Commissioner Jackson
trying to figure out if there's a way to help alleviate the situation.
And if I may, through the chair, in terms of setting expectations, this is the City
of Dana Point's LCP. We do have routine meetings with the City where we are
talking about these very issues and the concerns that are getting raised with
these current proposals and how the rules should be applied here, as well as
communicating what the actions that the commission itself has been taking and
the city has been changing their actions accordingly there was a recent
approval where they also required the the carport design in their actions so
we're getting that into the system. Okay Commissioner Pressiata.
Hey thank you Madam Chair I'm just wondering if general counsel could
address the public comment that was made around taking. And I'm always concerned about that.
But I think, well, I look forward to hearing from general counsel on that, on the comment
that was made related to two of the conditions. Yes. We disagree with the applicant's attorney
on that point. One of the special conditions he references has been the subject litigation
and has withstood challenge and it's being imposed in the format in which the court required
it to be imposed.
So we don't have concerns about special condition 6 on that front.
And I also on special condition 7 also disagree that it would affect the take on the applicant's
property.
Is a more extensive discussion of that in the addendum.
Thank you.
Commissioner Kelly, I just wanted
to respond really quick to Commissioner Lee's question
about what is the time duration?
And when I heard that comment, I also double clicked into that.
And so in reviewing the environmental conditions,
as opposed to permit conditions, over when we estimate
that that could possibly take place, it's a huge if,
because it's when the seawall is removed
and the seawall would only be removed potentially
if the neighboring properties were to come forward
with future permit requests that have to be reviewed
and then one of the conditions
would be the removal potentially.
So it's like a series of potential events
that are completely unknown.
That's the bigger question mark.
Just through the chair to add,
it's not just the removal of the seawall that's a factor.
It's also the amount of sea level rise
and the severity of beach loss.
The seawall does provide protection, but there are conditions that can occur during a very
extreme event with additional beach loss and additional sea level rise that could hit that
factor that causes the breakaway walls to fail.
I think staff is also looking at this on a bit more of a comprehensive scale of the entire
beach road community.
Vice Chair Hart.
I'm sorry, Linda, I apologize.
No, sorry, I just didn't realize that.
we're ready to roll yes I move that the Commission determined that appeal number
a-5-dpt-23-0011 faces no substantial issue with respect to the
grounds on which the appeal has been filed and am I the wrong yeah number it's
It's page 26, I think.
All right, page seven.
Am I in the wrong?
Carol, you want to take it?
Sure.
All right.
I move the commission approved coastal development permit
number A-5-DPT-24-005% staff recommendation
and ask for a yes vote.
A motion by Vice Chair Hart, a second by Commissioner Escalante.
They are asking for a yes vote.
May we have a yes to the motion, please, Commissioner Jackson.
I would suggest an amending motion,
but I don't think there'd be enough support for that.
Would there be any support to amending the motion
to remove the condition relative to the garage door?
I'll give my two cents.
I'm not supportive of doing that,
though I certainly understand the impetus
in trying to find a path forward,
And I agree with the comments made with Commissioner Jackson
and Commissioner Lee about wanting certainty moving
forward as people design their projects.
I think those points are very well made.
And I was thinking, as you were both talking,
if there were some middle ground here.
But in reviewing staff's report and in the comments
that they put forth today, I'm just
convinced by the analysis that the risks here are quite high.
And in this particular area, both the risks
and the consequences are significant.
And so I personally am in agreement with staff's
recommendation on this condition and all the conditions.
But if there's a second, we can try a roll call vote.
Is there a second?
There does not appear to be any support.
So thank you ma'am.
Thank you.
Okay, roll call vote, please Ms. Miller.
Commissioner Natto.
Aye.
Not off, yes.
Commissioner Preciado.
Yes.
Preciado, yes.
Commissioner Wilson.
Yes.
Wilson, yes.
Commissioner O'Malley.
Yes.
O'Malley, yes.
Commissioner Escalante.
Yes.
Escalante, yes.
Commissioner Hart.
Yes.
Hart, yes.
Commissioner Jackson.
Aye.
Jackson, yes.
Commissioner Kelly.
Yes.
Kelly, yes.
Commissioner Lee.
Yes.
Lee, yes.
Chair Harmon.
Yes.
Harmon, yes, the vote is unanimous.
Thank you, the permit is approved.
Is everyone okay to keep going, or yes, okay.
We're gonna keep going.
Item 12C, please, when our staff is ready.
Thank you.
Thank you.
Thank you, Chair Harmon.
Item 12C is a coastal development permit application
out of the city of Newport Beach.
We have Emily Greer, a coastal program analyst
of the South Coast District Office
who will be delivering the staff presentation.
And I'll go ahead and turn it over to Ms. Greer.
Thanks, Amrita.
Good evening, commissioners.
Item 12C is a coastal development permit application
for the removal and replacement
of four private floating docks
within the Beacon Bay community.
The applicant is the Beacon Bay HOA.
Next slide, please.
The subject site is located in the waters of Newport Bay,
located at the Beacon Bay community
in the city of Newport Beach, Orange County.
The proposed dock floats are intended
to store recreational vessels associated
with the adjacent single family residences
within the community.
The subject docks are located on public tide lands
managed by the city and are within the commission's
retained permit jurisdiction.
The beaches within the community are open to the public,
wherever the subject docks are privately owned and operated.
Next slide, please.
The applicant is proposing to remove three existing
approximately 1,100 square foot T-shaped floating docks
and replace them with three approximately 1,200 square foot
T-shaped floating docks.
The applicant is also proposing
to remove one existing 256 square foot L-shaped floating dock
and a four foot by 18 foot gangway
and replace it with a 258 square foot L-shaped floating dock
with a three foot by 24 foot gangway.
The proposed project also includes the replacement
of eight 14 inch guide piles.
No work is proposed to the existing peers.
Overall, the project would result in a 305 square foot increase in over water coverage
and no change in fill.
The proposed project was determined to be the least environmentally damaging feasible
alternative and was designed to avoid all direct shading impacts to eelgrass.
The three T-shaped docks currently extend approximately 20 feet beyond the US pier headline
and the proposed docks would extend the same distance.
The L-shaped dock currently extends 10 feet and an additional 7-foot extension is proposed
for a total extension of 17 feet beyond the pier headline.
In this location, extensions beyond the pier headline
are necessary due to the low water levels at low tide
and are consistent with other docks in the area,
which also extend approximately 20 feet.
The proposed extensions were approved
by the city's harbor commission
and are not anticipated to impact public access
in the harbor area adjacent to the proposed dock systems.
Next slide, please.
While reviewing this application,
Commission staff discovered that violations of the Coastal Act have occurred at the Beacon
Bay community, including, but not necessarily limited to, failure to install required public
beach access signage.
In 2005, the City of Newport Beach entered into a common area lease with the Beacon Bay
HOA for the common areas within the community.
The lease provides for public access to the beach at Beacon Bay, as well as to the beach
access ways and streets.
One requirement of the lease was for the Beacon Bay HOA to install and maintain public access
signage at the entrance to Beacon Bay from Harbor Island Road shown here with the blue star
and at each of the walkways leading from Beacon Bay to the beach shown here with the green stars.
It appears that the signs either weren't installed in 2005 or were removed at some point in the last
20 years. The lease created a public right of access that is protected by both the city's LCP
and the Coastal Act. The failure of the Beacon Bay HOA to properly sign the access ways for many
years has prevented notification to the public of the availability of the access ways and beach
and thus diminished public use of the access ways and beach which is a change of access to
the coast. This change of access has not been authorized by the city or the commission which
has resulted in a violation of both the city's LCP and the Coastal Act. Commission staff notified
the HOA of the violation and in response the HOA recently installed public access signs on site
in an effort to now comply with the requirements of the lease.
However, in order to ensure that the signage on site adequately addresses the public access requirements,
Special Condition 1 requires the submittal of a final revised public access signage plan
with revised sign dimensions and a revised wording and color scheme
to make the signs more visible and informative to the public.
Moreover, to help address the impacts of the unpermitted change of access,
the HOA has agreed to install public access signs in addition to those required by the lease
and to install new public amenities including a bike rack and a cold water rinse station.
These amenities would be located near the entrance to the beach at the most eastern portion of the
community shown here with the orange star. These new amenities would offer convenient benefits to
members of the public visiting the beach and would help address impacts to access related to the lack
of signage on site since the lease was approved in 2005. Next slide please. In conclusion staff is
recommending approval of the subject application with 8 special conditions. The applicant has
stated that they are in agreement with the conditions. Since publication of the staff report,
staff received five letters from members of the public. Some of the letters request
modifications to the special conditions, including requiring that the docs on site be made available
for public use, and one of the letters requested that the Commission deny the application.
These comments have been posted as correspondence with this item on the Commission's website.
Staff would note that there is an addendum to this item responding to the comments received
and making minor corrections and revisions to the staff report. As previously noted,
there is no requirement for the docs on site to be open to the public. There are already multiple
public docs located in the vicinity, including facilities directly across the channel from the
subject docs. While Commission staff understand and appreciate the idea to expand public doc access,
such a proposal falls outside the scope of the proposed project, as well as the current
violation and the corrective measures being considered, such as the additional signage
by crack and rent station. With respect to concerns regarding the size and color scheme
of the public access signs that the HOA has installed, mission staff agree that these signs
should be modified to better identify the public access to the beach that is available at the site.
Special Condition 1 currently requires these changes. Thus, staff's recommendation of approval
with eight special conditions remains unchanged. The motion and resolution can be found on page
five of the staff report. This concludes the staff presentation and staff is available
for questions. Great. Thank you very much, Ms. Greer. Are there any ex partes? None.
We'll open the public hearing and I will turn it over to Simone and Chris. Thank you. Perfect.
So we have four speakers. Sherman Stacey, Pete Swift that are here in person and then
on Zoom, Adam Leverans and Hein Austin on Zoom.
Sherman Stacey, the base.
Madam Chairman, my name is Sherman Stacey.
I'm here on behalf of the Balboa Beacon Bay
Community Association.
It's a late day, which is a Homeowners Association
of approximately 60 homes that have been located
in Beacon Bay, which was originally subdivided in 1939.
I agree with the staff recommendation.
The Beacon Bay agrees with the commissions
in the staff report.
I wish I could simply terminate by saying that,
but you have some letters in opposition,
so I have prepared a brief presentation.
I'd like 10 minutes of which I would reserve a portion
for rebuttal, but in a few minutes can, I think,
try to address some of the points
that were given in the opposition.
So with the chair's permission.
Sorry, I think, let's do it in five, if that works.
do my best. Thank you. Let's if they could go to the next slide in the
presentation I'll kind of walk through because these help illustrate the points
and the next slide in the presentation is the subdivision map for Beacon Bay
which were recorded on February 28 1939. This is an area of leased land by the
city of Tidelands. 1939 was also the year the State Lands Commission came into
existence. And at the time, the city had been granted the Tidelands by the
Legislature in 1919 and therefore authorized this lease and these streets
and improvements to be made. One point I would make is all of the streets, all of
the improvements, all of the beach, everything is privately paid for and
maintained. No public money contributes to the Beacon Bay Association, but they
maintain the beach for the benefit of themselves and the public who are open
to enter and use the beach at any time so the issues over signage we believe
we have resolved with the staff they have asked for different signage than
we have proposed we still need the city to approve the signage but we will work
that out between the city and the staff in the process if I could have the next
slide this is an aerial photograph from about 1950 and here you can see the docks
that were in place in 1950. Very few homes have been built in Beacon Bay by
this point. The intervention of World War II halted much development in the
area and it is now just starting to develop. Next slide please. This is a
California Coastal Records Project 1972 photograph. Again you can see the three
docks and the work dock at the very end in this slide. They're in the same
location they've always been, and all we are doing is replacing the float and on
the work dock we're replacing the gangway because an 18-foot gangway is no
longer appropriate with the code. Next slide please. This is an aerial
photograph of the city's permitting of the docks. This is how the city shows it.
You can see an open pathway and grass area. There's no fencing, there's no
signage discouraging the public. It is open and available and the public does
use it. The homeowners association maintains the beach in its entirety as
well as paying the city about five million dollars a year in lease
payments which are used to maintain and improve the titling. So this is not some
giveaway by the city to these residents. They pay fair value as evaluated by the
state lands commission each time that the lease is renewed and the rents have gone up
steadily over the years.
As you can see, the Sandy Beach area there, the tidal movement in and out doesn't affect
it the way tides do on Beach Road.
It's a very, very slow movement that the beach profile kind of dips and the sand moves out
into the Bay Area.
rGP 54 the association brings the sand back up at its own expense to maintain a public beach
available to the public. Next slide. There were complaints that we extend two feet beyond
what is called the project line. The project line is what the city utilizes to determine
how far beyond the pier headline floats may extend. This two feet has been the same since
the boats were in fact installed. Part of it is because the entire project line adopted
by the Corps of Engineers in 1913 is on a single drawing that is about 24 by 36 for
the entire harbor. So the exact location of these lines until current GPS locating existed
was always a little bit fuzzy. It is subject to and was reviewed by the city's Harbor Commission
for this two-foot encroachment into the project line and it is also subject to the review
and approval of the Army Corps of Engineers who establishes these harbor lines under your
special condition seven.
The last slide I have is why is the dock being bigger?
It's because Duffy Electric Boats are larger.
They're fatter.
They used to be seven feet, 10 inch beam, they're now an eight foot, six inch beam.
to fit two electric boats and that's principally what existed these docks for the neighborhood.
For people to have an electric boat that they can utilize to recreate in the harbor or a
eight foot six inch beam enlarges the docks by approximately a total of 10 feet.
No eel grass has affected the staff of the city and your staff.
Find no problem with that and we ask that you approve it subject to the conditions that
have been recommended.
Nice thank you very much. Peter Swift. I'd like to relinquish my time to Mr.
Stacy if he needs another minute. Okay so we'll go to Adam Levrens on Zoom and
then after that we'll go to Hein Austin. Adam you can unmute. I have a couple
slides if you could call it please. Okay give us a second please. And I thank you
all for the marathon session today. Again level of appreciation for all the
work commissioners and staff do. Thank you, thank you, thank you. Okay this map
is our satellite image is similar to what you've seen the yellow arrows point
to the docks, the blue arrows point to moorings. A concern I have raised I'm not
in opposition to this but the hypocrisy those commissioners that were seated in
February of people who live in the subdivision open water initiative trying
to compress the mooring fields while expanding their docks. I just want that
to be kept in mind so that in the future certain people don't get pushed out of
the harbor. If you could go to the next slide please. I proposed a couple of
additional considerations for conditions and Ms. Greer said that those were
or outside of the scope of this,
but the way these are proposed,
the applicant would agree to these.
And in the application, there are multiple references
by staff that the applicant agrees to certain things.
It's clear from the history outlined in the materials
that this subdivision does not want other people
on the public tide lens.
And these conditions would simply motivate them to comply.
The fear of having a portion of a public dock
created on one side of their docks
would motivate them to no longer have the hidden access.
It doesn't harm anybody.
It saves staff's time and the executive director's time
because they'd be more likely to not hide the access
from the public going into the future.
And I hope that these can be read and at least considered.
And I would hope the applicant would agree to them
because it would show that they're willing to comply
with what they have violated for the past 20 plus years.
Thank you.
Thank you, next is Hein Austin.
Thank you, can you bring up my slide please?
Yeah, there's a second please.
Okay, it's gonna come up right now.
Go ahead and start please.
Thank you Chair Harmon and commissioners.
My name is Hein Austin and I advocate
for public safety on public tight lands.
From what I can tell, the numbers don't add up.
The red line in the top image indicates
the Federal Project Channel boundary,
the docks are against that line.
Given the Beacon Bay HOA's current use of these docks,
extending one dock, an additional seven feet
as proposed into the Federal Navigation Channel
will worsen the existing public navigation safety issue
in this area.
When the HOA and its visitors more boats
on the baywards side of the docks,
the vessels already encroach into the narrows
and most heavily trafficked section
of the navigation channel, and then proposed expansion
would intensify this problem.
According to an online map calculator,
the bottom image shows that when boats are
byward of the red line, the channel width
is reduced to around 64 feet, as indicated by the black line,
not considering the extreme wing driven tidal drift that
sometimes occur in the morning field.
This means that under good conditions,
when two medium-sized yachts approach each other
that are each 20 feet wide,
are being pushed to around five to 10 feet apart
when passing each other.
Approving any further encroachment year
will undermine public safety.
I don't know how staff came up
with the 80 foot minimum width of the channel.
Under Title 33, Section 424 of the U.S. Code,
Extending any portion of the docks pass,
the red line requires the approval of the Secretary
of the Army Corps of Engineers.
Regulations must be posted publicly
and willful violations are misdemeanors
with fines and possible imprisonment.
Of all navigable canals in this harbor,
this area needs your most thorough scrutiny.
I thank you for your thoughtful consideration.
Thank you.
That concludes all the comments.
Thank you.
We don't do rebuttals, sir.
This is a permit application.
if he had enough time left then he is entitled six seconds oh all right well
that's different yeah we'll give me 30 seconds the mic the mic they're
necessary okay and it is the city and the Army Corps of Engineers that deal
with navigation issues we have to go to Army Corps of Engineers having a boat
tied to a dock that is within the parbar lines is perfectly legal under Army Corps
regulations we'll go to Army Corps if they tell us we can't do it we can't do
it but I don't think it is a coastal act issue of to regulate navigation thank
you thank you very much excuse me now I will close the public hearing and go
back to staff their response thank you chair Harmon I'll try to keep the staff
response fairly brief. Just to respond to Mr. Leverances comments about his
proposed conditions. Staff would just note that we don't feel that those
conditions aren't necessary for this particular permit and then just with
respect to the comments made about the peer headline I just wanted to know
that the staff report you know explains that in detail I can go into more detail
if you'd like but we do address it in the staff report that concludes staff
comments thank you very much okay I'll return to the Commission comments
questions or a motion the motion is on page 5 of the staff report sure that'd
be great thank you vice chair okay I move the Commission approved coastal
development permit 5-24-0779 pursuant to the staff recommendation and ask for a
yes vote. Second. It's a motion by Vice Chair Hart, a second by Commissioner
Kelly for asking for a yes vote. May we have the roll call please Miss Miller.
Commissioner Presiado. Yes. Presiado yes. Commissioner Wilson. Yes. Wilson yes.
Commissioner O'Malley. Yes. O'Malley yes. Commissioner Escalante. Yes. Escalante yes.
Commissioner Hart. Yes. Hart, yes. Commissioner Jackson. Aye. Jackson, yes.
Commissioner Kelly. Yes. Kelly, yes. Commissioner Lee. Yes. Lee, yes.
Commissioner Notoff. Aye. Notoff, yes. Chair Harmon. Harmon, yes. The vote is
unanimous. Microphone. Thank you. Item 13, the Deputy Director's Report for the San
Diego Coast District please. Thank you madam chair and so in this report we
are reporting five waivers for projects in Solana Beach and San Diego and three
permit amendments there's no known opposition so we're asking whether
three or more commissioners object to the waivers or the amendment. Thank you
any expertise? Any speakers? It looks like we have one speaker Roberto Salsa
Salis, excuse me, and I was beyond zoom but I do not see him. If you are on zoom please
use our six he's just he's represented he's a representative for the applicant just in
case there were questions. Okay, thank you. Great. Thank you very much to three or more
commissioners wish or objects excuse me to any item in the deputy director's report.
Seeing no objection the Commission concurs. Now we'll go to item 16a please.
Thank you and there is a staff powerpoint on this item if you could bring that up and
Melody Laster with our San Diego Coast District Office is doing the staff presentation on
that matter.
Good evening commissioners. Item 16a is a request by the Port of San Diego to amend
its Port Master Plan to allow for the National City Balance Plan which is a joint plan
with the City of National City for the development of an approximately 77 acre area spanning both city and port jurisdiction.
A separate amendment to the city's local coastal program was certified by the commission in February 2025.
Staff is coordinated extensively with the port on this plan and is recommending approval as submitted.
There is an addendum to this item that includes the preliminary RB site plans. Next slide please.
The National City Bayfront is located in the South Bay region of San Diego County.
The port's jurisdiction, shown in orange on the slide, encompasses the majority of
the coastal zone, including the entire waterfront south of Naval Bay San Diego, shown in blue
diagonal stripes, and along the Sweetwater Channel west of Interstate 5.
The city's jurisdiction is shown in gray.
The National City is in the top 25% of the state's disadvantaged communities by CalEnviroScreen
and lacks access to a majority of the waterfront, which is dedicated to military and import-export
industries.
Next slide, please.
The majority of the project components would occur in the port jurisdiction and include
an RV park in phase one and two and hotels in phase two, a dry dock facility, expansion
of the Pier 32 Marina, the expansion of Pepper Park by 2.5 acres, the closure of portions
of 28th and Tidelands Avenue and realignment of Marina Way. Next slide, please. The amendment
would also incorporate 12.4 acres of land that is owned by the port Shonen Yellow into
the Port Master Plan, which was removed by the City of National Cities LCP and the associated
LCP amendment. Next slide, please. Since the initial submittal, the port and developer
have revised the project proposal to add lower cost overnight accommodations to the RV site
including van and tent camping sites which would be constructed along with cabins,
structured tents, and RV sites. The number of hotels has been reduced from four to two which
would allow more of the RV park to remain once the hotels are built. These accommodations align with
Coast Lock provisions requiring lower cost facilities to be provided along the coast
and the proposed amendment would result in the construction of the only lower cost overnight
accommodations in the Port District. Next slide please. This slide shows the preliminary site
plan for the RV park which includes cabins, bathroom facilities, structure tents, and tent
sites to be located on the Pier 32 Marina Jutty and Marina Basin which is adjacent to the Bayshore
Bikeway, a regional bike path shown by the blue dash line on this slide. The existing Jutty does
not contain structures and is open to public access. To allow for some coastal views to
remain the amendment contains language that identifies that the structured tents located
on the jetty would be small scale accommodations no higher than 13 feet tall, requires the
remaining development to be cited to protect views from the bike path and designates a
new Vista Point to protect views from the bike path shown by the red dashed line. Next
slide please. In addition the proposed development includes a 12-foot
wide public walkway along the jutty shown by the blue dash line and an
approximately 3,600 square foot public open space viewing area on the western
most part of the jutty outlined in blue which would continue to provide coastal
viewing areas to the public. Next slide. This slide shows the original proposal
for docks and moorings and the Sweetwater channel on the left.
Eelgrass is shown in green with project-related impacts
to eelgrass shown in orange.
After coordinating with commission staff,
the port and developer have revised the design
to minimize eelgrass impacts by reducing the size of the dock,
shifting it west, and only allowing 10 moorings
in a location that's absent of eelgrass.
Next slide, please.
Unlike LCP amendments, the commission cannot impose
suggested modifications on a Port Master Plan. So we have coordinated with
support and they have revised the original amendment submittal to
incorporate staff's suggested policy language to address Coastal Act
consistency concerns. The amendment before you today contains provisions to
adequately protect coastal resources. Thus, staff is recommending approval of
the Port Master Plan amendment as submitted. The motion and resolutions
begin on page six of the staff report and this concludes our presentation.
Great thank you very much and I believe that we have an ex at least one ex parte
to report. I'll start with Commissioner Kelly. Thank you Chair Harmon I just
wanted to report that I received two emails one that had previously been
reported but another one within the last 24 hours from Alice and Rolf from
Collaborative Land Use Solutions outlining the letters of support that
have been submitted and then also the comments against and just discussion of the points
and issues that were raised throughout this process since 2016. Thanks.
Commissioner Cresciato.
I too want to report the ex parte that is already on file and that was with Allison
Rolfe who described the project for me and its 10 year history and all of the considerations
Then I also got another ex parte from Alison Rolf yesterday indicating to me that there was continued community input related to the direction of one of the pathways inclusive of the project.
Thank you, Commissioner. Commissioner Jackson.
Thank you, Madam Chair. I just saw an email from Alison Rolf that she sent me yesterday. I've not even read it.
Perfect. I also have a few emails from Alison Rolf.
didn't read them also until last night. Apologies Ms. Rolfe that they were
substantially similar to those that were described by Commissioner Kelly. I
responded to Ms. Rolfe with my apologies and that I was able to communicate with
her this morning and she said it was not necessary so that was the extent of our
our ex parte. Thank you. Okay. With that we will move to public comment. Just to double
check. Commissioner Preciado you don't have anything further to report correct? No I just
want to see if I could have the courtesy of the privilege to move it forward. Yes. When
when appropriate. Yes certainly. Thank you. Okay sorry. So public comments yes we do.
of San Diego, we have attending in person, we have Gayle Anthony Ungab, sorry if I said
that wrong, Leslie Nishihara, Alison Rolfe in person, and Greg Bow Fay in person, and
also Rebecca Herrington and Anna Buzatus.
Good evening, I'm Leslie Nishihara representing the Port of San Diego and the applicant, I'm
I'm going to kick off our organized testimony this evening
and many of the names called out
are available for questions if asked.
We know it's been a long day.
We really appreciate your time
and we are very excited to have this item before you.
Ma'am, could I interrupt you briefly?
Could I ask you first to repeat your name
and then to advise how much time you need?
Leslie Nishihara, thank you.
Representing the Port of San Diego.
I think we probably need a combined total of 10 minutes
for the organized testimony and support
on behalf of the applicant, thank you.
Again, very appreciative of your time tonight.
We're very happy to be here at long last
to have you consider the National City Balance Plan,
Port Master Plan Amendment.
It's taken us a very long time to get here
and we are so very grateful to Coastal staff
for their long tireless dedication
to see this project over the finish line
and most importantly for their willingness
to collaborate with us to arrive at a place
where they're recommending approval of this PMPA.
And we are very, very appreciative of that.
We respectfully request your support of their recommendation.
And next, I'll turn it over to a current Port Commissioner,
Dr. Gil Ungab, representing the Port of San Diego.
I'll be quick.
Make sure you move your legs.
I'm a cardiologist.
We've all been sitting down.
I'm a little stiff.
So thank you, Honorable Chairman Harmon and Commissioners.
I am Dr. Gil Anthony Ungab,
and I'm proud to be here today
to speak to you on behalf of this project.
I serve as one of the Port of San Diego Commissioners,
and I represent National City.
And I'm very happy to be appointed by National City,
and we'd like you to really take good consideration
of this project.
For me personally, my family came here from the Philippines
with the US Navy.
And my parents bought their first home
in Nashville City in 1960.
Just two years before the Court of San Diego was established
and the mission of Thailand Trust Resources,
protecting hairless Thailand Trust Resources
while fostering economic vitality and community benefit.
Yet, almost half century, the National City Waterfront
was dedicated almost entirely to maritime industry.
And residents had little access to the bay.
And we're left with all the negative sequelae
that comes with a heavy industry.
The disparities became clear.
National City did not share the same vitality
and community benefit realized by the other cities
in our bay, our beautiful bay.
Over the past two decades,
the port has worked to correct this imbalance.
With our maritime clean air strategy,
we've really worked aggressively
to reduce our emissions and pollutions
that affects a high amount of children with asthma
and increased rate of cancer anywhere else in the bay area.
And alongside our cargo terminal is our marina,
a restaurant, a boat launch,
and now soon to be open, I redevelop Pepper Park,
which allows kids to have picnic spaces,
parks, a bike lane, aquatic center,
something I never had growing up in Nashville City
since we started the port.
And there's so much potential here.
And I want to take this,
I hope you guys would be willing
to take this potential and make it realize.
I urge your support for the port master plan amendment
for a national city balance plan,
nearly a decade in the making
of this balance's diverse interests
for most environmental justice
and expands waterfront access to underserved communities.
My underserved community.
I came back to Nashville City to provide access
to high-level cardiac care.
And after I retired as a cardiologist,
I now serve as a report commissioner.
And I really hope you guys consider
that we get considered for this opportunity.
This is our chance to create long-lasting legacy
for Nashville City, the Port of San Diego,
which I now represent, and for the entire region.
I respectfully urge you to support this project.
I do have some housekeeping,
because Alison Roth called me.
It was an ex parte,
but she also wanted me to let you guys know.
The 16 letters of support are on our website.
We also got a letter of support from CERF,
Coastal Environmental Rights Foundation.
We wanna make sure that it's there
for you guys to recognize.
And thank you for this opportunity.
And please stand up and stretch.
Thank you.
Allison Rolfe, she's also part of Port of San Diego.
I'm not Allison.
No.
I'm Mayor Ron Morrison, the mayor of the City of National City.
I've been before you a couple times before on aspects
of this issue.
This is my 34th year in office.
And a lot of it has been consumed with this project,
just to give you an idea.
So more than a decade ago, in 2014, our city began an effort to create what would become
the Balance Plan.
At that time, I led the city's initiative to craft a vision that addressed the needs
of our working waterfront while reflecting the priorities of our community.
I delivered that plan to the Port of San Diego in December of 2014.
Since then, for the past 11 years, National City has worked closely and constructively
with both the port staff and your commission staff.
Throughout this long process,
my role has been to help guide the conversation,
keep the partners at the table,
and ensure that every concern is heard and addressed.
That hasn't been easy.
We brought together maritime industry,
labor unions, environmental advocates,
industrial operators, public access supporters,
port leadership, and community members
from our entire disadvantaged community.
This is why it's called the Balance Plan.
It is important to note that this development
is not on the bay front.
National City does not have a single inch of public access
to its three miles of shoreline.
The result is a plan that reflects collaboration,
compromise, and a strong vision for National City.
Nothing in this plan reduces or restricts coastal access
because none exists today.
So over the years, we've ensured that the plan
remained a priority, stayed on track,
and evolved through extensive public input
and technical review.
Today, we respectfully ask for your approval
so that our community can fully and finally move
this long-awaited project forward.
This plan will create economic opportunity,
strengthen maritime operations,
and deliver benefits our region can all take pride in.
And we thank you for your thankful consideration.
Norman, I speak and prompt you,
but I know that would take too long.
So I decided to prepare something to keep it short.
Thank you very much.
We also have Luz Molina and Sanin Aranjo.
Good evening.
My name is Luz Molina.
I am the vice mayor for city of national city.
I represent district one, which encompasses
the west side of national city,
including the area that we are speaking of here.
I want to give my sincere gratitude to the staff
at the San Diego port, as well as the staff at the Coastal Commission, which has worked
tirelessly to get to this point, and many of the staff at the City of National City.
National City has spent decades waiting for a real chance to shape its own waterfront.
This approval finally opens that door. It means the future of National City's coast
can reflect the story and priorities of the people
that actually live here.
This is an important first step,
and I won't forget that we will continue
to work on this balance.
There are many pieces to this
of which balance will always be the focus.
The work begins, and we will ensure this momentum turns
into real results for National City's future,
and I am ecstatic for this future.
Thank you for your support.
Please approve the National City Balance Plan, thank you.
All right, hello, Chair, hello, Commissioners.
Hi, Matt.
I'm really in the holiday spirit with Commissioner Jackson,
so I just wanna say that your vote yesterday
will be a gift that is completely, fully compliant
with the FPPC rules, and so my testimony is a yes
to vote for the National City Balance Plan.
My name is Sandy Naranjo.
I was a former port commissioner
for the city of National City,
and I'm here in strong support
of the National City Balance Plan,
a plan I just didn't only advocate for
but actively helped push from years of discussion
into getting to a draft reviewed
and into the certification process before you today.
When I began my 10 years commissioner,
the plan had already lived through multiple timelines
like a cat, some that even projected
it would be already completed by now.
But progress had slowed.
community frustration was real,
environmental review was lagging.
But during my tenure, I pushed to re-energize the process,
just like I'm doing right now for this meeting for y'all,
and elevate it as a priority
and move it this slightly through the EIR process,
because community planning without execution
is just performative.
That push resulted into the EIR being completed
and formally approved by the board
that I was sitting on in 2022.
That approval is the foundation that allows you all
to consider the plan today.
And now even after my service ended,
I am still showing up.
Because what in front of you is an opportunity
to rewrite the script for National City.
So how the community was centered in the planning itself.
First of all, we've had workshops in three languages,
English, Spanish, and Tagalog.
We had workshops in the evenings
because that's when people are out of work.
And also we had real access.
And this was a process where port side residents
were just not spectators in the planning process,
but they were actually involved.
So the plan before you is stronger
because people who live with the port impacts every day
were actually involved in shaping the solutions.
As you know, Pepper Park is expanded by two and a half acres,
the new East West and North South public access corridors.
we have the lower costs overnight commendation,
stronger habitat protections,
and the Bay Shore bikeway realignment
and public promenade guarantees.
And at the same time, it strengthens maritime operations,
improves rail access, and aligns with the coastal acts
priority for port dependent industry.
That is real balance, not rhetoric.
So I participated in this work, not just as a commissioner,
but as someone who was born and raised
in the South Bay community and who has lived
in the impacts of industry without equal access
to the shoreline.
Today's vote is the final link in a chain of years of work,
community organizing, environmental review,
environmental justice, board approval,
and now coastal certification.
So I respectfully urge you to vote yes
on the National City Balance Plan, thank you.
Thank you.
OK, so we have the public.
We have Cynthia Fuller-Quinones, Zayetsis Karilo,
and Ted Goshak, Margaret Goshak, and Janice Luna Reynoso.
Come on up.
And Sean Sumner, also Joanne Fields.
And also Robert Valderrama.
Good evening, commissioners, and everyone lasting
until now for today.
My name again is Cynthia Kenyones.
I'm a National City Resident Landlord,
long-time local health advocate,
and Healthy Culturas Coalition member.
Underlying the incredible good of the balanced plan,
there is at least one problem
that warrants Coastal Commission consideration.
The supporting EIR, like many other Tideland EIRs,
fails to account for actual levels of air pollution.
Only now this month are two essential air quality monitors
being installed in National City
by the San Diego Air Pollution Control District.
Without local monitors, projects have commonly been justified
with data from Sherman Heights location,
including consistently worse high land air quality data,
which we can track using NASA satellite
and crowdsourced commercial systems.
When asked in October if the EIR could gain the advantage
of the new air quality measures, the port chose
to remain silent and push ahead.
Second, improving and expanding Pepper Park is very important
and appreciated, but it would be better combined
with port measures to reduce excessive parking lot sprawl
that covers South Bay tide lands.
The significance of two to three new acres of park
with improvements, much needed, is diminished when hundreds of acres of often empty parking
lot asphalt keep generating 10 plus degrees of extra heat daily exacerbating our air pollution.
Third, it's great that Austal USA is contributing towards Pepper Park improvements. However,
a port framework to secure funds from more TIDELAND tenants for community benefit would
of course be better, especially from major long term tenants like BNS, PASHA and the
Navy. Thank you.
Zayetzi Carillo, Ted Gashak, Margaret Gashak, Janice Luna-Noso, Robert Valderrama, Ewen Fields,
that from you? What's your name? We're gonna try to hold on real quick for us.
And can the subsequent speakers please line up? Thank you. Can I get the slide?
I'm sorry. I live about half a mile from the port district. My
My wife has family has 102 years in our neighborhood.
Balance plan, I'm not so sure.
There are a lot of commercial interests in this plan.
People with this item here today
are thinking with three perspectives.
Some are here for the revenue and they say more,
or they say it doesn't pencil out.
Some are here with civic prestige.
And myself, I'm here and others are here for public access.
And we say, chapter three,
the jetty is my highest concern.
Well, I support most of the port's plan.
My early comments from 2021
were that the viewpoints must be protected
and this means more than a dashed red line
you see through the middle of that marina
from the cafe to the docks.
The applicant wants to put structured tents on the jetty.
The cabins on the jetty were rejected by coastal staff.
I had also earlier submitted comments calling for no cabins.
Structured tents like cabins are obstructions of the view
the bay. With anything more than a small simple tent which provide for also for
the lower cost accommodations requirement the views will be blocked by
too much human footprint on the jetty. I would like to see that the Commission
makes two small changes and a recommendation to coastal staff and the
applicants to place only small tents on the jetty with a maximum of 20. All
structured tents can be placed on the east side of the basin or the further
inland in the RV park. These recommendations to you for your staff
will be giving guidance to the Coastal Development Permit. With the Coastal Act
considerations in mind this helps the project provide for enhanced views and
public access through the basin. I also think lastly I also think that the
direction for development should be that the sidewalk along the jetty be on the
south side of these tents facing the refuge closest to the refuge so that
people are enjoying the views of the refuge, rather than looking at the boat parking up.
Thank you.
Thank you.
And can everybody please come up, those that are in here, that I've said their names already,
come up and line up, one after another, so we can move on.
Good evening, Madam Chair and Commissioners.
Thank you for genuinely championing public participation.
I'm Margaret Avalos-Godschalk, a native of Westside National City, where the balance
plan is taking place.
We in National City as you've heard many times have no beach access.
We have access to the water only if you have a boat or a kayak.
So that means that most of us have only visual access as our public access.
And as you've heard, the development at the jetty proposes to put tents now.
It had been cabins.
I have a note here that I had sent to Ann at the port
in 2019, commenting that I was very concerned
about those cabins.
I'm multiple times a week.
I use the bike path for walking or biking.
And I cherish the view of the channel, the wetlands,
the bay, Coronado.
I can see Chula Vista Nature Center.
The cabins would have been a wall up
so that that would have been eliminated.
that view would have been eliminated.
Now the cabins are gonna be here between the bike path
and the marina, so now we can't even see the marina,
and they're gonna put tents now along the jetty,
which is again, a wall that's gonna obstruct
our visual access, our very little access.
They have a path, which as Ted told you,
the path is on the north side,
so it's between the tents and the marina.
All of the view was on the other side.
I think this is really dismissive of our right
to public access, our visual access.
I think it was very cavalier of them to not see
that we had the right to that access,
and I would like to see that changed.
Thank you very much for your attention.
Thank you.
We don't see Zayatzi, Carrillo, Robert Valderrama,
Joanne Fields.
Good evening, Coastal Commissioners.
My name is Joanne Fields, and I'm here on behalf of our organization, Asian Pacific
Islander Initiative, of which I'm the Government and Public Relations Director.
But I'm first and foremost here because I'm a mom first.
I'm a daughter of a Navy veteran.
my ex-husband's a Navy veteran that was stationed on Pier 13, and while we would wait for dad
to be off work, I would take the kids to Pepper Park. And I felt like a single mom while they
were away for six months, and the best place for me to bring my kids that was affordable
was Pepper Park. They have a playground, they can run around without me worrying about them
From getting run over from busy traffic at other parks.
So with this amendment that's here before you, it is historical for our community.
So that with all the challenges that we have, the economic challenges, I'm not here for
the challenges, I'm here for the hope that we have something that has been inclusive
of, yes, business, of maritime, but more importantly, community.
The Filipino community in which I represent, we are according to the census, are the second
largest ethnic group.
And I bring that up only because we are so diverse in National City, so diverse in the
South Bay and the county of San Diego.
But at Pepper Park, we're able to tell our stories and celebrate, like when we had the
Mariachi Festival there. When we have an API celebration or that we can have a
picnic with our organizations and tell about how the kumaye was first here but
without a venue that is inclusive other than maritime or other business will
miss opportunity. So I strongly encourage all of you to pass this balance
amendment because it is inclusive of the community's voice that we didn't have years past. While
there may have been an effort, but I can assure you there would be hundreds of people like
what we've heard and seen from the meetings that we've had leading up to this evening,
but this would be a historical moment, a great way to close out the year and move this amendment
forward, and so that we can really see the change that we've been waiting for.
Thank you.
Robert Valderaba.
All right, thank you.
That's it.
No one's on Zoom.
No one's on Zoom, so that completes it.
Oh, great.
Thank you so much.
Okay.
Well, that closes the public hearing, and I will turn to staff and see if they have any
final comments before I bring it back to the commission.
Yes.
Yes, so regarding the comments pertaining to public access and views on the jettie,
we do acknowledge that the development on the jettie would have some impacts to public
views of the Sweetwater Channel from the Bayshore Bikeway and the jettie.
During the review of this amendment, we also had similar concerns and we coordinated with
the port to try to minimize these impacts by requesting that the lower scale camping
sites such as the tent sites be located on the jettie.
And then also ensuring that the public continues to have access by requiring the pedestrian
path and the public viewing area at the west end of the jutty be open to the public, the
general public.
And we also just want to note that the variety of overnight accommodations included in the
RV park and on the jutty is also a benefit to the public.
we feel, whereas only providing tent sites would limit the types of users.
Great. Thank you very much. So I'll first turn to Commissioner Presiado for his comments.
There are a few people who want to speak Commissioner so make your comments and then I'll return
to you for a motion. Well, I one of the things that I want to first
share with you is that the god chock family is renowned for preserving and protecting
the environment at National City. We have a significant Paradise Creek Park that is
a direct relation to their involvement and their contribution. So I listened intently
when they were commenting on the view corridors and the loss of views related to the inclusion
of of that visitor serving amenities on the jetty. And so, however, I do want to suggest
that there's been incredible engagement over the past 10 years related to getting this
place developed. You heard from Mayor Morrison, you've heard from the honorable Port Commissioner
Dr. Umgab who is very passionate about this project and about making a positive contribution.
And in that regard, I want to see, I'm interested in hearing comments from the commissioners,
but I will take the opportunity to advance the project through a motion and hopefully
get unanimous support. Thank you.
Thank you. Commissioner Jackson.
Thank you.
I just had one question staff with regard to the path placement and is there merit
to moving the location for better view corridors as suggested?
Commissioner Jackson I might recommend that we direct that question to the port.
Thank you if I may.
Leslie Nishihara from the record representing the Port of San Diego.
So I would just want to share with you some of our rationale and thought process.
The pathway was purposefully located in this location.
The structured tents being placed on the south side
of the jetty, in our view, will reduce noise
and lighting impacts to the sensitive habitat areas
located to the south.
In addition, the pathway will wrap around the entire jetty,
around the east side of the marina,
and connect to other public park spaces,
you heard us highlight the parks,
through and around the development.
And overall, the project will provide a tremendous amount
public benefit in the form of access ways that don't exist in today's
conditions. You'll see ADA accessible walkways, it's just gravel out there
today, benches, seating, lighting for safety, restrooms, shaded areas, fire pit
access, and multiple viewpoints as have been highlighted by staff throughout
the development. Thank you, I appreciate that explanation. Thank you. Commissioner
Wilson. Yeah, I just want to say I've been in elected office for 20 years, 11
One of those years was as a Harbor Port Commissioner, so I put myself in the space of a Port Commissioner
or Port District booster, and I want to say that this, we tried in my port to do something
similar to this, and we were not successful in getting the engagement required to get
to where you're at, so I just want to really appreciate what you've done here, and with
the consideration and privilege,
I would like to make the second.
Commissioner Escalante.
Okay, fine.
So I, you know, I would be, I'm super excited.
This came before our agenda today.
I was having some trouble figuring out the travel,
but I wanted to be here because, you know,
you guys have been sort of warning us
that this was coming and I was very
excitedly anticipating it.
So this is a wonderful, wonderful day
And I'm so happy that I'm going to share it with you.
And tomorrow, we'll pick it even more hopefully.
And just, you know, doctor, I'm so glad that this
is like your second career that you've stepped up.
And it's like, you know, trying to get a little easier,
but not you once you go be in the ports of San Diego.
So I appreciate that.
And I would propose that somebody like name, I don't know,
a bench, a facility, a bune set for the great San
because I know that a lot of this has happened thanks to her incredible energy
and her love for her local community and the fact that you're still here you
know fighting a good fight and bringing us your joy and your energy with it I
see it I really appreciated the whole community and I can't wait to celebrate
this part. So thank you. Okay Commissioner Preciado. Oh excuse me
Commissioner O'Malley. Thank you. You stole my thunder, I was gonna second this but
that's okay. I know, I know. I want to thank everybody for their work on
this. I'm gonna second what Commissioner Escalante said as far as the work is
Ms. Naranjo. Former commissioner, I really don't think we'd be here without
about all your dedication to work here.
And I just want to say for some of my fellow commissioners,
I've been quite familiar with a bunch of the people
who've been involved in this over the years.
And when I looked at the comment letters of support,
they went everywhere from Environmental Health Coalition,
who if you're know in this area, for near 50 years,
they've been basically the protective of environmental
health in the South Bay,
to Ms. Nerano, Supervisor Aguirre,
former COSO Commissioner Aguirre,
but also then Sharon Cloward of the Port Tenants Association
and other business associations.
I've not seen anything like that, not only in my history,
but in San Diego, certainly.
So I just want to say it's really remarkable
and quite unusual.
And I'll be very happy to vote for this.
So thank you for your work.
I'll associate myself with all of those comments.
Commissioner Presciado for the motion.
I think I'm going to make this motion inspired
by Commissioner O'Malley and Commissioner Escalante.
So you're part of my motion.
So I move that the Commission certify the Port Master Plan
Amendment number PMP-6-PSD25-00001-01 as submitted
by the San Diego unified port district.
I cede my second to Commissioner O'Malley.
Thank you, I second.
Okay, it's an enthusiastic motion like Commissioner Preciado and second by Commissioner O'Malley.
They are asking for a yes vote, please, Mr. Miller.
Commissioner Wilson.
Yes.
Wilson.
Wilson, yes.
Commissioner O'Malley.
Yes.
O'Malley, yes.
Commissioner Escalante.
Yes.
Escalante, yes.
Commissioner Hart.
Yes, and I just want to say, I'm so excited for you all.
congratulations Commissioner Jackson aye Jackson yes Commissioner Kelly yes
Kelly yes Commissioner Lee yes please yes commissioner not off aye not off yes
Commissioner Presiado aye Presiado yes chair Harmon yes Harmon yes the vote is
unanimous congratulations the motion passes congratulations okay I'm gonna
suggest that we trail the statewide items to Friday. Awesome, thank you. So we
are done for the day. I have Chair Hart or Chair Harmon. I just wanted to make a
statement that just maybe we could adjourn in honor of Frank Gehry. It was
actually two years ago in Santa Cruz where he was, it was another late-night
night meeting I believe he waited until 8 p.m. to testify he was then 94 years
old and we approved the we approved the Ocean Avenue project that he was had
designed which had affordable housing and multi-use so I just was reflecting
on his stamina at the age of 84 and all the good work that he's done so I thought
we just honor him in a journey. Yes, certainly a journey of honor. Thank you. Okay, see you all
tomorrow. Thank you.