HomeMy WebLinkAboutCalifornia Coastal Commission Appeal - Poseidon Resources / STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,GOVERNOR
CALIFORNIA COASTAL COMMISSION
45 FREMONT, SUITE 2000
SAN FRANCISCO, CA 94105-2219
VOICE AND TDD (415) 904-5200
FAX (415) 904-5400
W5a
Filed: 3/15/06
491h Day: 5/3/06
Staff: TL-SF
Staff Report: 3/23/06
Hearing Date: 4/12/06
STAFF REPORT AND RECOMMENDATION ON APPEAL
SUBTANTIAL ISSUE
LOCAL GOVERNMENT: City of Huntington Beach
DECISION: Approval with Conditions
APPEAL NO.: A-5-HNB-06-101
APPLICANT: Poseidon Resources/AES Huntington Beach
PROJECT DESCRIPTION: Construction and operation of a desalination facility.
PROJECT LOCATION: On the site of the AES Power Plant, 21730 Newland
Avenue, Huntington Beach, Orange County.
APPELLANTS: Residents For Responsible Desalination
Surfrider Foundation
Commissioners Mike Reilly and Mary Shallenberger
SUMMARY OF STAFF RECOMMENDATION: The staff recommends that the
Commission,after public hearing, determine that substantial issue exists with respect to the
grounds on which the appeal has been filed. The appellants have raised substantial issues in that
the project as approved and conditioned by the City through issuance of a combined coastal
development permit, conditional use permit, and associated Owner Participation Agreement does
not conform to applicable LCP policies.
SUBSTANTIVE FILE DOCUMENTS:
• Certified City of Huntington Beach Local Coastal Program
• City of Huntington Beach File No. 02-05
• Coastal Commission Appeal File No. A-5-HNB-06-101
• Appeal Applications from Residents For Responsible Desalination, Surfrider Foundation,
and Commissioners Reilly and Shallenberger
Appeal No. A-5-BNB-06-101
March 23, 2006
Page 2 of 13
I. APPELLANTS CONTEND THAT
The project does not conform to several provisions of the City's LCP related to protection of
marine biological resources, water quality, environmentally sensitive habitat, energy
conservation, water supply, coastal dependency, and land use.
II. LOCAL GOVERNMENT ACTION
The coastal development permit was approved by the City of Huntington Beach City Council on
February 27, 2006, concurrent with approval of a conditional use permit and an Owner
Participation Agreement. Previously, on September 6, 2005, the City certified a Revised
Environmental Impact Report for the project.
III. APPEAL PROCEDURES
After certification of a LCP, the Coastal Act provides for limited appeals to the Coastal
Commission of certain local government actions on coastal development permits. Projects
within cities and counties may be appealed if they are located within the appealable areas as
defined by Section 30603(a) of the Coastal Act. The grounds for appeal are limited to the
assertion that"development does not conform to the certified local coastal program." Where the
project is located between the first public road and the sea or within 300 feet of the mean high
tide line,the grounds of appeal are limited to those contained in Section 30603(b) of the Coastal
Act. Those grounds are that the development does not conform to the standards set forth in the
certified local coastal program or the access policies set forth in the Coastal Act.
Section 30625(b) of the Coastal Act requires the Commission to hear an appeal unless it
determines that no substantial issue is raised by the appeal. If the staff recommends "substantial
issue" and no Commissioner objects, the Commission will proceed to a de novo hearing on the
merits of the project at the same meeting if the staff has prepared a recommendation on said
merits, or at a subsequent meeting if there is no such recommendation.
If the staff recommends "no substantial issue" or the Commission decides to hear arguments and
vote on the substantial issue question,proponents and opponents will have three minutes per side
to address whether the appeal raises a substantial issue. It takes a majority of Commissioners
present to find that no substantial issue is raised. If substantial issue is found, the Commission
will proceed to a full public hearing on the merits of the project at either the same or a
subsequent meeting as described above. If the Commission conducts a de novo hearing on the
permit application, the applicable test for the Commission to consider is whether the proposed
development is in conformity with the certified Local Coastal Program. In addition, for projects
located between the sea and the first public road paralleling the sea, Section 30604(c) of the
Coastal Act requires a finding that the development conforms to the public access and public
recreation policies of Chapter 3.
Appeal No. A-5-11NB-06-101
March 23, 2006
Page 3 of 13
The only persons qualified to testify before the Commission at the "substantial issue" stage of
the appeal process are the applicant, persons who opposed the application before the local
government(or their representatives), and the local government. Testimony from other persons
must be submitted in writing. At the time of the de novo hearing, any person may testify.
IV. MOTION
I move that the Commission determine that Appeal No. A-5-HNB-06-101 raises NO
substantial issue with respect to the grounds on which the appeal has been filed under
Section 30603 of the Coastal Act.
STAFF RECOMMENDATION OF NO SUBSTANTIAL ISSUE:
Staff recommends a NO vote. Failure of this motion will result in a de novo hearing on the
application, and adoption of the following resolution and findings. Passage of this motion will
result in a finding of No Substantial Issue and the local action will become final and effective.
The motion passes only by an affirmative vote by a majority of the appointed Commissioners
present.
RESOLUTION TO FIND SUBSTANTIAL ISSUE:
The Commission finds that Appeal No.A-5-HNB-06-101 presents a substantial issue with
respect to the grounds on which the appeal has been filed under section 30603 of the Coastal Act
regarding consistency with the certified local coastal plan and/or the public access and recreation
policies of the Coastal Act.
V.FINDINGS AND DECLARATIONS
The Commission finds and declares as follows:
l. Project Description: The development approved by the City is a desalination facility to
be constructed and operated by Poseidon Resources at the AES Power Plant site in
Huntington Beach. The development includes several buildings and structures that will
house the desalination equipment, pre-treatment facilities, administration offices, and
other supporting structures and equipment. The project also includes a water delivery
pipeline approximately four miles long, about a mile of which is within the coastal zone.
The purpose of the project is to produce from seawater approximately 50 million gallons
per day (mgd) of potable water. The facility would withdraw approximately 100 mgd of
seawater from the once-through cooling system used by the power plant. The power
plant is currently permitted through an NPDES permit to withdraw up to about 516 mgd
of seawater through an intake structure that extends approximately 1700 feet offshore
into the Pacific Ocean. The facility would also produce about 50 mgd of a high-salinity
discharge that would be re-combined with any flows from the power plant and then
routed through the power plant outfall, which extends about 1500 feet offshore.
Appeal No. A-5-D70-06-101
March 23, 2006
Page 4 of 13
The facility would be located on a part of the AES Power Plant currently occupied by an
oil storage tank. The tank would be demolished and removed and any necessary soil
remediation would be completed as part of this project.
2. Permit History: On February 27, 2006, the City of Huntington Beach approved Coastal
Development Permit#02-05 for construction and operation of the desalination test
facility. The City concurrently approved a Conditional Use Permit and Owner
Participation Agreement, and included a number of conditions of approval. On March 3,
2006, the Coastal Commission received the City's Notice of Final Action and associated
records to start the 10-working-day appeal period, which ended March 17, 2006. The
appeals were filed on March 15, 16, and 17, 2006.
3. Permit Jurisdiction: The project is located within the Coastal Zone in the City of
Huntington Beach and is subject to the City's certified Local Coastal Plan (LCP).
Portions of the project are also within 100' of wetlands and thus within the appeal
jurisdiction of the Coastal Commission. Additionally, a portion of the project is within
the Commission's retained jurisdiction—the facility's intake and outfall are within
coastal waters and the project involves both a"change in intensity of use" of those waters
and a discharge to those waters—so the project will require a permit directly from the
Commission, although the applicant has not yet applied for that permit.
4. Non-compliance with the Certified LCP: The standard of review for this appeal is
consistency with the certified LCP of the City of Huntington Beach. Appellants contend
that approval of the project by the City is inconsistent with several policies of the City's
certified LCP.1 All appellants challenged the project's conformity to LCP provisions
' Many aspects of the project's nonconformity to the LCP appear to be based on the City's reliance on the EIR,
rather than the LCP,in its project review. The CDP states in several of its findings that the project does not require
mitigation measures because the EIR identified the project's impacts as less than significant. However,the EIR
analyses are not adequate for determining conformity to the LCP because they use a different,and often lesser,
standard of review,than is required under the LCP.
The focus in the EIR is to determine whether the project causes significant impacts;whereas many provisions of the
LCP require that aM impacts be identified and then mitigated,where feasible. Some of the criteria used in the EIR
to identify impacts resulted in determinations of significance that fall far short of the level of impact the LCP
requires be addressed. For example,regarding the project's chemical and saline discharges to coastal waters,the
LCP requires that the project"prevent the degradation"of water quality;whereas the EIR used the following criteria
to determine whether the project would affect coastal waters:
• "Significant impacts related to elevated salinity would occur if the project would discharge salinity levels that
result in substantial ecological losses to source populations of marine organisms;and/or permanent elevation of
salinity levels of 37.5 ppt or greater outside of a reasonable distance from the discharge core would be
significant."
• "Significant impacts related to chemical discharge would occur if the project would discharge any chemical
wastes that would result in substantial ecological losses to source populations of marine organisms."
These criteria clearly allow degradation at a level not permitted by the LCP. The EIR's review also assumed that the
power plant cooling system would operate continually during the life of the desalination facility and would therefore
provide a level of dilution that would not be available if and when the cooling system shuts down. Its analyses
therefore do not describe the adverse effects that would be caused by the desalination facility operating on its own,
which will be different and in some cases more substantial than the effects caused by the two facilities operating
together.
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 5 of 13
related to marine resources and water quality. Appellants Residents For Responsible
Desalination and Surfrider additionally challenged the project's conformity to LCP
provisions related to energy use and conservation and water supply. Appellant Residents
For Responsible Desalination also challenged the project's conformity to an LCP land
use provision. Appellant Surfrider challenged the project's conformity to an LCP coastal
dependency provision. Appellants Reilly and Shallenberger additionally challenged the
project's conformity to a provision of the LCP related to environmentally sensitive
habitat. Of the appeal issues raised, six raise a substantial issue with the project's
conformity to the LCP and three do not.
Appeal Issues Raising a Substantial Issue:
4a)Appeal Issue—Marine Biology and Entrainment:
LCP Section C 6.1.19 states:
"Prior to approval of any new or expanded seawater pumping facilities, require
the provision of maximum feasible mitigation measures to minimize damage to
marine organisms due to entrainment in accordance with State and Federal law. "
The project includes new pumps that will pump seawater into the desalination facility.
The CDP's findings related to this LCP provision state that no mitigation is required
because the facility will not take seawater directly from the ocean and that the project
will not alter the power plant's existing and permitted seawater use. Appellants contend,
however,that because the project includes new seawater pumping facilities, it is required
to mitigate its impacts to marine organisms to the maximum extent feasible.
This LCP policy requires simply that the effects of new seawater pumps on marine
organisms be mitigated to the maximum extent feasible. The LCP does not exempt new
pumps based on their location or whether they would alter existing uses. Further,
because the project did not undergo a feasibility analysis to determine which potential
mitigation measures could be required, the CDP is inadequate to ensure the project
conforms to this LCP provision.
2 The available record indicates that the project will,in fact,alter the amount of water being used in the power
plant's cooling system due to any of several means—through the desalination facility obtaining electricity from the
power plant,through the need for additional water to dilute its saline discharge when the power plant is otherwise
shut down or operating at very low levels,through requiring additional seawater to cool the power plant discharge to
temperature ranges usable by the desalination facility's membranes,or others.
s The project is also subject to the following provisions of the LCP:
LCP Section C 6.1.2: "Marine resources shall be maintained, enhanced, and where feasible restored.
Special protection shall be given to areas and species of special biological or economic significance."
LCP Section C 6.1.3: "Uses of the marine environment shall be carried out in a manner that will sustain
the biological productivity of coastal waters and that will maintain healthy populations of all species of
marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes."
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 6 of 13
Based on the record provided by the City and the information provided by the appellants,
the project, as conditioned, raises numerous questions regarding the project's conformity
to LCP Section C 6.1.19. Therefore, for the reasons cited above,the Commission finds
that a substantial issue exists with respect to the project's consistency with the City's
certified LCP.
4b)Appeal Issue—Water Quality:
LCP Section C 6.1.1 states:
"Require that new development include mitigation measures to enhance water
quality, if feasible and at a minimum,prevent the degradation of water quality of
groundwater basins, wetlands, and surface water of water quality of groundwater
basins, wetlands, and surface water."
Appellants raise two issues related to the project's conformity to this LCP provision—
frst, that the project does not include feasible mitigation measures to enhance water
quality; and,that the project does not prevent water quality degradation as this LCP
provision requires.
Regarding the first issue, the project was not reviewed to determine what feasible
mitigation measures were available to enhance water quality. Because there may be
feasible mitigation measures available and because the City did not assess feasibility, the
project cannot be found to conform to this LCP policy.
LCP Section C 6.1.4:"The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain organisms and for the protection of human health shall be
maintained and, where feasible, restored."
However,the project is not conditioned to include mitigation measures that may be necessary to conform to these
provisions,and the CDP does not include findings regarding the project's conformity to these provisions. Similar to
LCP Section C 6.1.19,these provisions require the project to include feasible mitigation measures to protect marine
organisms,and without the necessary assessment of feasibility,the project cannot be found to conform to the LCP.
4 Additionally,the City's review of the project was based on an incorrect version of this LCP provision. The City
used the following version in its recommended CDP findings and analysis:
"Require that new development include mitigation measures to prevent the degradation of water quality of
groundwater basins, wetlands, and surface water of water quality of groundwater basins,wetlands, and
surface water."[
This version leaves out the phrase"...enhance water quality,if feasible,and at a minimum...". The resulting project
analysis did not assess what measures might be available to enhance water quality. At the public hearing where the
project was approved,the City entered into the record a corrected version of the LCP policy and added two words to
its findings("Based on the analysis contained in the Recirculated EIR,no mitigation measures are required to
protect or enhance ocean water quality."). However,these changes did not provide the analysis necessary to
determine whether the project could feasibly enhance water quality and therefore it cannot be determined that the
project conforms to this LCP policy.
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 7 of 13
Regarding the second issue, the appellants note that the project would cause several
impacts that would degrade surface water quality and that are not adequately addressed in
the CDP.S For example,the project would use a number of cleaning compounds (e.g.,
sodium hydroxide, sodium tripolyphosphate, sulfuric acid, etc.)to treat the reverse
osmosis membranes. It would route its "first rinse"of up to about 4,000 gallons per day
of its most highly concentrated cleaning discharges to a sanitary sewer, but would route
its "second rinse" of up to about 87,000 gallons per day of the remaining cleaning
compounds through the power plant outfall and into the ocean. The discharge of these
cleaning compounds is likely to cause some level of water quality degradation. There are
a number of measures that could be imposed on the project to enhance or prevent this
degradation—for example, routing all, rather than just some, of the cleaning compounds
to a wastewater treatment facility—however, the CDP requires no such mitigation
measures and the City made no findings related to whether these or other potential
mitigation measures were feasible. Similarly,the project's discharge is expected to
increase salinity levels in an area of ocean water and benthic habitat; however,the project
is not conditioned to prevent this degradation. For example, at various power plant
operating conditions,the plume of higher salinity water(at least 10%over ocean water
background salinity) extends from several dozen to about one thousand feet downcurrent
from the outfall, and higher salinity water would be present over up to dozens of acres of
the seafloor.
Based on the record provided by the City and the information provided by the appellants,
there are numerous questions regarding whether the project does or does not conform to
LCP Section C 6.1.1. Therefore, for the reasons cited above, the Commission finds that a
substantial issue exists with respect to the project's consistency with the City's certified
LCP.
4c)Appeal Issue—Environmentally Sensitive Habitat Areas:
LCP Section C 7.1.3 states:
"Development in areas adjacent to environmentally sensitive habitat areas and
parks and recreation areas shall be sited and designed to prevent impacts which
would significantly degrade those areas, and shall be compatible with the
continuance of those habitat and recreation areas. "
Portions of the project would be located within 100 feet of the nearby Huntington Beach
Marsh, which provides environmentally sensitive habitat. The appellants contend that the
project is not sited, designed, or conditioned in a way that ensures protection of this
habitat area as required by this LCP provision.
This provision requires that coastal development permit review identify the effects a
facility's site and design would have on nearby habitat and ensure that the project is sited
and designed to prevent those effects. This project, however, does not adequately
conform to this provision. Several of the site characteristics indicate the facility may
5 The LCP defines both surface waters and coastal waters as including"...waters of the Pacific Ocean,streams,
wetlands,estuaries,lakes,and other areas subject to tidal action through any connection with the Pacific Ocean".
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 8 of 13
need to be substantially altered or located further from the nearby habitat area. For
example, the project review describes the site as subject to liquefaction and having a high
potential for the soils to spread from the project site,possibly into the adjacent habitat
area. It also describes a high potential for soil contamination at the site and the potential
need for soil removal or treatment. Despite these characteristics being identified during
project review, the project is not sited, designed, or conditioned in a manner that prevents
potential effects on the nearby marsh. For example, several of the project's conditions
are written in a way to suggest that it is not known whether the project will require soil
remediation or placement or removal of fill. Further, those conditions only minimize
impacts, not prevent them, as is required by this provision. For instance, Condition#4u
states that if soil remediation is required, the applicant must submit a plan that describes
how to minimize remediation impacts on nearby properties and how to ensure pollutants
do not leave the project site.6 Without knowing whether soil remediation will be
necessary or the extent of that potential remediation, it is not possible to know if the
project can be built in a way that ensures it does not affect the nearby habitat area.
Similarly, Condition#4� requires that sensitive receptors be avoided if the project needs
import or export of fill. Not knowing whether the project will require placement or
removal of fill does not allow the level of review necessary to determine project impacts
and determine whether those impacts can be prevented.
Other conditions related to outdoor lighting and to stormwater mitigation have similar
shortcomings.8 Those conditions state that if the project needs lighting or stormwater
measures, then they need to be done in a way to protect the nearby habitat areas. Again,
however, without knowing whether the project includes those features or knowing the
extent of those features, it is not possible to know whether the project is sited and
designed to meet this provision of the LCP.
6 CDP Condition#4u:"If soil remediation is required,a remediation plan shall be submitted to the Planning,Public
Works,and Fire Departments for review and approval in accordance with City Specifications No.431-92[61 and the
conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding
properties;details on how all drainage associated with the remediation efforts shall be retained on site;details on
how no wastes or pollutants shall escape the site;and details on how wind barriers around remediation equipment
shall be provided." [emphasis added.]
CDP Condition#4y:"Should the project require off-site import/export of fill material during demolition,
remediation,and construction,trucks shall utilize a route that is least disruptive to sensitive receptors,preferably
Newland Street to Pacific Coast Highway to Beach Boulevard to I-405. Construction trucks shall be prohibited
from operating on Saturdays,Sundays,and federal holidays."[emphasis added.]
s CDP Condition#1 j:"If outdoor lighting is included,light intensity shall be limited to that necessary for adequate
security and safety. All outside lighting shall be directed to prevent"spillage"towards the sky and onto adjacent
properties, including the adjacent wetlands,and shall be shown on the site plan and elevations."[emphasis added.]
CDP Condition#4cc:"Appropriate site-specific hydrology and hydraulic analysis will be performed for the project
prior to the issuance of grading or building permits,which ever comes first. The analysis shall include mitigation
measures,if necessary,in regards to storm water drainage and flooding,and to ensure protection of the adjacent
wetlands." [emphasis added.]
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 9 of 13
Based on the record provided by the City and the information provided by the appellants,
numerous questions exist regarding whether the project does or does not conform to LCP
Section C 7.1.3. Therefore, for the reasons cited above, the Commission finds that a
substantial issue exists with respect to the project's consistency with the City's certified
LCP.
4d) Appeal Issue—Energy Use:
LCP Section C 1.2.3 states:
"Prior to the issuance of a development entitlement, the City shall make the
finding that adequate services (i.e., water, sewer, roads, etc.) can be provided to
serve the proposed development, consistent with policies contained in the Coastal
Element, at the time of occupancy. "
Appellants state that the project does not conform to this LCP policy because the City's
CDP findings state only that adequate services will be provided and do not evaluate
whether providing those services will be consistent with other Coastal Element policies.
Appellants note further that the project would use 720 to 840 megawatt hours per day of
electricity, which if obtained from the adjacent power plant, would cause adverse effects
to marine biology due to entrainment.
The CDP findings state "[a]t the time of occupancy the proposed development can be
provided with infrastructure in a manner that is consistent with the Local Coastal
Program", but the CDP does not cite the LCP policy above and does not describe whether
the services would be provided in a manner consistent with Coastal Element policies.
The project review in the EIR is based on the electricity for the project being obtained
from either the adjacent power plant or from the grid; however, neither the EIR nor the
CDP assess how the desalination facility's use of the electricity from the power plant
would affect coastal resources and whether such use would be consistent with the City's
Coastal Element policies, as required by this LCP provision. If the power plant produces
more electricity than it would otherwise to provide power to the adjacent desalination
facility, it will cause more entrainment than it would otherwise. Because the project is
not conditioned to avoid or mitigate for this impact, its operations may not be consistent
with the provisions of the City's Coastal Element related to marine biology.
Therefore, based on the record provided by the City,the information provided by the
appellants, and for the reasons cited above,the Commission finds that a substantial issue
exists with respect to the project's consistency with the City's certified LCP.
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 10 of 13
4e) Appeal Issue—Energy Use and Development:
LCP Section C 8 states:
"Accommodate energy facilities with the intent to promote beneficial effects while
mitigating any potential adverse effects. "
Appellants state that the project does not conform to this policy because locating the
desalination facility at the approved site will make it more difficult for the power plant to
switch to a different cooling system, thus preventing an opportunity to eliminate or
reduce the adverse effects caused by the existing once-through cooling system.
Siting the desalination facility adjacent to the power plant may affect the long-term
accommodation of the power plant at the site; however,the facility was not evaluated for
conformity to this LCP provision. There is a reasonable potential that during the
operating life of the desalination facility, the power plant's existing cooling system may
need to change to an alternative system due to any of several reasons—for example, due
to the implementation of Clean Water Act Section 316(b),which requires substantial
reductions of entrainment and impingement impacts at coastal power plants; due to
changes in state policy such as the recently proposed resolution by the State Lands
Commission that would phase out once-through cooling systems; or, due to market
conditions and the increased costs that may be incurred for mitigating the impacts of
once-through cooling systems.
The project may also result in non-conformity to other LCP provisions related to the
power plant. For example, the LCP's Coastal Element (at page IV-C-75) states that
vacant land adjacent to the power plant provides an opportunity for its potential
expansion. Additionally, LCP Section C 8.2.2 states:
"Require the mitigation of adverse impacts from new technologies employed in
electricity generation to the maximum extent feasible. "
Since most alternative cooling systems would require space adjacent to the power plant,
the presence of the desalination facility could diminish the feasibility of these
technologies and therefore affect the ability of the power plant to be accommodated at
this site. The project, however, was not reviewed for consistency with these LCP
provisions and is not conditioned to ensure conformity to these provisions.
Based on the record provided by the City, the information provided by the appellants, and
for the reasons cited above, the Commission finds that a substantial issue exists with
respect to the project's consistency with the City's certified LCP.
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 11 of 13
4f) Appeal Issue—Land Use:
The City's LCP and related zoning codes classify the project site as Public-Semipublic/
Oil Production Overlay/Coastal Zone Overlay. The CDP findings state that the project
is consistent with uses allowed under the Public and Semi-public utility classification.9
That classification also prohibits uses that are not listed. Appellants contend that the
project does not conform to these LCP provisions because it is an industrial use, not a
utility, and is therefore not allowed to be sited within this area.
It is not entirely clear from the City's record in both the CDP and the EIR whether this
project is considered a utility, an industrial use, or some other classification. The project
is not a public utility, in that it is owned by a privately-held corporation. It does not
appear to be a utility for purposes of regulation by the state Public Utilities Commission
(PUC), as neither the CDP nor the EIR cite the PUC as a permitting or regulating agency.
However, the CDP does state at one point in its Findingsproval #4 that the project
is an"industrial use". It appears,therefore,that the facility may be an industrial use,
which is not permitted under the Public-Semipublic classification.
Based on the record provided by the City and the information provided by the appellants,
questions exist regarding whether the project does or does not conform to the LCP's Land
Use policies for allowable uses on the project site. Therefore, for the reasons cited above,
the Commission finds that a substantial issue exists with respect to the project's
consistency with the City's certified LCP.
Appeal Issues Not Raising A Substantial Issue:
4g)Appeal Issue—Coastal-dependency:
LCP Section C 1.1.2 articulates a priority for"coastal dependent" uses:
"Coastal dependent developments shall have priority over other developments on
or near the shoreline. Coastal-related developments should be accommodated
within reasonable proximity of the coastal dependent uses they support. "
LCP Section C 8.2.4 states:
"Accommodate coastal dependent facilities within the Coastal Zone consistent
with Sections 30260 through 30264 of the Coastal Act. "
9 Pursuant to the City's Zoning Code at Chapter 214,uses allowed under the Public and Semipublic classification
are:Cemetery,Cultural Institutions,General Day Care,Government Offices,Hospitals,Maintenance&Service
Facilities,Park&Recreation Facilities,Public Safety Facilities,Religious Assembly,General Residential Care,
Public or Private Schools,Major Utilities,and Minor Utilities.
The City has a separate classification for Industrial uses.
Appeal No. A-5-HNB-06-101
March 23, 2006
Page 12 of 13
The CDP's Findings For Approval #4, which discuss in part whether the project site is
appropriate for visitor-serving uses, state that"(e)ven if the lands were suitable for such
visitor-serving uses, the project proposes a coastal dependent industry use,which is not
of a lower priority than visitor-serving uses".10 Appellants contend that the facility is not
coastal dependent and that the City's statement regarding the facility's coastal-
dependency is unsubstantiated and is not supported in the record. Appellants further
contend that the project does not conform to LCP policy C 1.1.2 because it is afforded a
site near the shoreline without being coastal dependent."
The project has not been adequately reviewed to determine whether it is coastal
dependent. The statement cited above from the Findings For Approval #4 is the CDP's
only reference to the project being coastal dependent. Determining whether a particular
desalination facility is coastal dependent requires more than a conclusory statement and
must be based on case-by-case review. Additionally,the CDP's reference is to an LCP
policy related to visitor-serving uses, not to the LCP policies related to coastal-
dependency. The CDP does not provide the findings or analysis necessary to make a
determination of coastal-dependency pursuant to these policies. For example, LCP
Section C 8.2.4 states that coastal dependent facilities are to be consistent with Coastal
Act Section 30260, which includes certain requirements for such facilities; however,
those requirements are not incorporated into the project or addressed in the CDP.
Because the statement in the CDP is insufficient to establish whether the project is or is
not coastal dependent, and because the project has not been evaluated or conditioned as
would be necessary if it were coastal dependent,the Commission finds that no substantial
issue exists with respect to the project's consistency with these LCP provisions.
4h)Appeal Issue—Energy Use and Conservation:
LCP Policy C 8.3.1 states:
"Promote the use of solar energy and encourage energy conservation. "
Appellants contend that the project does not conform to this LCP policy. They state that
desalination is well-documented as being the most energy demanding method to obtain
fresh water. Appellants also notes that the project descriptions state that the project will
require about 35 megawatts of electrical power, which represents about a 9% increase in
the City's average electricity demand, and notes that the EIR fails to compare the
project's projected electricity use with the energy demands of other potential water
supplies that may use less energy, such as wastewater reclamation, water conservation,
and stormwater retention.
10 The LCP and Section 216.04.G of the City's Zoning Ordinance define"coastal-dependent development or use"as
"(a)ny development or use which requires a site on,or adjacent to,the sea to be able to function at all".
" The project site is adjacent to an area of salt marsh considered to be part of the"sea"as defined in the LCP's
Coastal Element Glossary:"Consistent with Section 30115 of the Coastal Act, `Sea'means the Pacific Ocean and all
harbors,bays,channels,estuaries,salt marshes,sloughs,and other areas subject to tidal action through any
connection with the Pacific Ocean,excluding nonestuarine rivers,streams,tributaries,creeks,and flood control and
drainage channels."
Appeal No. A-S-HNB-06-101
March 23, 2006
Page 13 of 13
However,this LCP provision directs the City to "promote" and"encourage" certain
actions, not the project proponent. While the City could have requested that the applicant
conform to this LCP provision, it was not required to do so. Therefore,the Commission
finds that no substantial issue exists with respect to the project's consistency with this
LCP provision.
4i),Appeal Issue—Water Supply and Conservation:
LCP Section C 6.1.13 states:
Encourage research and feasibility studies regarding ocean water desalination as
an alternative source of potable water. Participate in regional studies and efforts
where appropriate.
Appellants contend that the project does not conform to this LCP provision because the
facility is not supported by research and feasibility studies. Appellants further contend
the project does not conform to this provision because it was not developed as part of
regional efforts.
Similar to the issue above,this LCP provision is directed at the City rather than at project
proponents. While the City could have chosen to encourage the applicant to conform to
this LCP provision, it was not required to do so. Therefore, the Commission finds that no
substantial issue exists with respect to the project's consistency with this LCP provision.
STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,GOVERNOR
CALIFORNIA COASTAL COMMISSION
45 FREMONT, SUITE 2000
SAN FRANCISCO, CA 94105-2219 •��
VOICE AND TDD (415) 904-5200A
FAX (415) 904-5400
April 10, 2006
W5a
TO: Commissioners and Interested Parties
FROM: Alison Dettmer, Manager, Energy and Ocean Resources Unit
Tom Luster, Analyst, Energy and Ocean Resources Unit
SUBJECT: Addendum to Findings for Appeal #A-5-HNB-06-101 (City of Huntington Beach
approval of Poseidon Resources desalination facility)
Coastal Commission staff recommends the following corrections and modifications to the
findings for the above-referenced appeal. First,there are two minor corrections to the staff
report issued on March 23, 2006; second, in addition to the appeals described in that report, staff
received an additional timely appeal from the Orange County Coastkeeper. That appeal raises
several issues that were raised by other appellants, but also raises several that had not been raised
previously. All are described below. The recommended findings in this addendum do not
change staff s recommendation that the Commission find substantial issue exists with the
project's conformity to the City's LCP.
CORRECTIONS TO MARCH 23,2006 STAFF REPORT:
• Page 3, last paragraph,third sentence: Should be revised to "...The power plant is eurrently
withdraws up to about 516 mgd pursuant to an
NPDES permit that expired last year but is currently under an administrative extension from
the Regional Board."
• Page 4, "Permit History", first sentence: Should be revised to "...construction and operation
of a desalination test-facility."
REVISIONS TO FINDINGS:
The appeal issues raised by Orange County Coastkeeper(Appellant) fall into two categories:
• Appeal issues already evaluated in the staff report; and,
• Appeal issues not yet evaluated in the staff report.
Each category is described in more detail below.
Addendum to A-5-H7VB-06-101
April 10, 2006
Page 2 of 6
Appeal Issues Already Evaluated in the Staff Report: The following issues raised by the
Appellant are similar to issues raised by other appellants and already described in the staff report.
The findings regarding these issues are therefore the same as stated in the staff report, and the
following appeal issues by the Appellant are considered incorporated into that report:
Appeal Issues Raising Substantial Issue:
• Appeal Issue—Marine Biology and Water Quality: Nonconformity to LCP
Section C 6.1.1' (included in pages 6-7 of the staff report).
• Appeal Issue—Marine Biology and Entrainment:Nonconformity to LCP Section
C 6.1.192 (included in pages 5-6 of the staff report).
Appeal Issue Not Raising Substantial Issue:
• Appeal Issue—Energy Use and Conservation: Nonconformity to LCP Section C
8.3.13 (included in pages 12-13 of the staff report).
Appeal Issues Not Yet Evaluated In the Staff Report: The following five issues raised by
Appellant were not raised by other appellants. The findings for each of these issues are provided
below and are incorporated into the staff report's section on Appeal Issues Raising an Substantial
Issue starting on page 5.
Appeal Issues Raising Substantial Issue:
• Appeal Issue—Coastal Resources:
LCP Section C 1.1 states:
Ensure that adverse impacts associated with coastal zone development are
mitigated or minimized to the greatest extent feasible.
The project will cause adverse impacts to coastal resources, including water quality
degradation, loss of marine organisms, and others. Appellant contends that the project is
inconsistent with this LCP provision because it does not include adequate mitigation
measures to minimize these impacts, and because its presence at the power plant will
limit the ability to reduce the cooling system's adverse impacts related to entrainment and
impingement.
LCP Section C 6.1.1:Require that new development include mitigation measures to enhance water quality, if
feasible and at a minimum,prevent the degradation of water quality of groundwater basins, wetlands, and surface
water of water quality of groundwater basins, wetlands, and surface water.
2 LCP Section C 6.1.19:Prior to approval of any new or expanded seawater pumping facilities, require the
provision of maximum feasible mitigation measures to minimize damage to marine organisms due to entrainment in
accordance with State and Federal law.
3 LCP Section C 8.3.1:Promote the use of solar energy and encourage energy conservation.
Addendum to A-5-HNB-06-101
April 10, 2006
Page 3 of 6
Although the project includes some mitigation measures, it does not adequately address
many of the adverse impacts identified during the City's review. These include water
quality degradation caused by the plume of the higher salinity discharge into coastal
waters, the increased entrainment losses caused by the facility, and others. Additionally,
the project was not reviewed to determine what mitigation measures would be feasible to
address the various impacts. Because this LCP provision requires that any adverse
impacts be mitigated or minimized as feasible,the project raises numerous questions
regarding its conformity to this LCP provision. Therefore, based on the record provided
by the City,the information provided by the appellant, and the reasons cited above,the
Commission finds that a substantial issue exists with respect to the project's consistency
with this section of the City's certified LCP.
• Appeal Issue—Provision of Adequate Services:
LCP Section C 1.2.3 states:
"Prior to the issuance of a development entitlement, the City shall make the
finding that adequate services (i.e., water, sewer, roads, etc.) can be provided to
serve the proposed development, consistent with policies contained in the Coastal
Element, at the time of occupancy. "
The project includes a water supply pipeline that would extend beyond Huntington Beach
and into the adjacent City of Costa Mesa to connect with the regional water distribution
system. Both the primary and alternative pipeline routes reviewed in the project's
Environmental Impact Report would go through Costa Mesa. During the project's
environmental review, Costa Mesa identified a number of concerns about the proposed
pipeline routes and on November 1, 2006, the Costa Mesa City Council voted to oppose
pipeline construction. Appellant contends that the project cannot be built as planned,
since it was approved dependent on a water pipeline that cannot be built as currently
configured and therefore does not meet the requirement that adequate services be
provided to serve the project.
Among the services necessary to support the project is a connection to the water
distribution system. The City of Huntington Beach included a finding in its coastal
development permit that the project could be provided"with infrastructure in a manner
that is consistent with the Local Coastal Program", but it does not describe how this
would be accomplished. The City's permit, approved on February 27, 2006, does not
address the need to either alter the pipeline route or provide another means to connect to
the system, either of which would likely cause as-of-yet unidentified additional impacts
and would require supplemental environmental review. Even if Costa Mesa were to
change its position regarding the pipeline, the current situation, and the one under which
the project was approved and conditioned, strongly suggests that there is inadequate basis
for the finding of LCP conformity by the City of Huntington Beach. As a result,the
project is not assured of being built as approved and cannot be assured of having
adequate services provided. The project approval therefore raises significant questions as
to its conformity to this LCP provision. Based on the information provided by the
appellant, the City's record, and the above,the Commission finds that a substantial issue
exists with respect to the project's consistency with this section of the LCP.
Addendum to A-5-11NB-06-101
April 10, 2006
Page 4 of 6
• Appeal Issue—Public Recreation:
LCP Section C 3.1 states:
Preserve,protect and enhance, where feasible, existing public recreation sites in
the Coastal Zone.
The project will result in discharges to coastal waters. Appellant contends that the higher
salinity of those discharges and likely reduction in fish in the area will reduce recreational
resources. The project's discharges have been identified as causing water quality
degradation that may cause fish to move out of the area of increased salinity. However,
the project does not include measures to mitigate for these effects and is not conditioned
to ensure preservation or protection of this recreational resource. Additionally,the
project was not subject to a feasibility analysis to determine whether there are feasible
methods to enhance recreation in this area. Therefore, based on the information provided
by the appellant,the City's record, and the above, the Commission finds that a substantial
issue exists with respect to the project's consistency with this section of the LCP.
• Appeal Issue—Marine Biology and Water Quality:
LCP Section C 6 states:
Prevent the degradation of marine resources in the Coastal Zone from activities
associated with an urban environment.
LCP Section C 6.1 states:
Promote measures to mitigate the adverse impacts of human activities on marine
organisms and the marine environment through regulation of new development,
monitoring of existing development, and retrofitting necessary and feasible. [sic]
LCP Section C 6.1.2 states:
Marine resources shall be maintained, enhanced, and where feasible restored.
Special protection shall be given to areas and species of special biological or
economic significance.
LCP Section C 6.1.3 states:
Uses of the marine environment shall be carried out in a manner that will sustain
the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term
commercial, recreational, scientific, and educational purposes.
Addendum to A-5-H7VB-06-101
April 10, 2006
Page S of 6
LCP Section C 6.1.4 states:
The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain organisms and for the protection of
human health shall be maintained and, where feasible, restored.
The project will result in changes to the area's marine biota and its discharges will result
in degradation of coastal waters. Appellant contends that the project is not conditioned to
minimize the degradation of water quality or to maintain and enhance marine resources,
and that the project does not include feasible measures to restore biological productivity.
Appellant further contends that because the project was not reviewed for conformity to
several of these applicable provisions(including C 6.1.3 and 6.1.4), it is not consistent
with the LCP.
The project, as approved and conditioned,was not reviewed for conformity to LCP
Sections C 6.1.2, 6.1.3, and 6.1.4. As a result, it does not include the mitigation measures
required to conform to these provisions. Further,the project was not reviewed to
determine the feasibility of various mitigation measures, as required by several of the
above LCP provisions. Therefore, based on the information provided by the appellant,
the City's record, and the above, the Commission finds that a substantial issue exists with
respect to the project's consistency with these sections of the LCP.
• Appeal Issue—Water Conservation Measures:
LCP Section C 6.1.12 states:
Periodically review the City's policies on water conservation, including the Water
Conservation Ordinance, to ensure the use of state of the art conservation
measures for new development and redevelopment, and retrofitting of existing
development, where feasible and appropriate, to implement these measures.
The project is a new development and is therefore subject to this LCP provision's
requirement that it use state of the art conservation measures as described in the City's
Water Conservation Ordinance. Appellant contends that the City failed to address this
issue in its approval and that the project therefore does not conform to this LCP
provision. The project was approved and conditioned without reference to this provision
and it is unclear from the City's record whether the project includes the required
conservation measures. Therefore, based on the information provided by the appellant,
the City's record, and the above, the Commission finds that numerous questions exist
with respect to the project's consistency with this section of the LCP.
Addendum to A-5-HNB-06-101
April 10, 2006
Page 6 of 6
The following issue raised by Appellant was not raised by other appellants. The findings for this
issue are provided below and are incorporated into the staff report's section on Appeal Issues
Not Raising an Substantial Issue starting on page 11.
Appeal Issues Not Raising a Substantial Issue:
• Appeal Issue—Water Use and Conservation:
LCP Section C 6.1.14 states:
Encourage water reclamation projects, including household wastewater
reclamation, and the use of reclaimed water for purposes such as irrigation,
where feasible and appropriate.
LCP Section C 6.1.13 states:
Encourage research and feasibility studies regarding ocean water desalination as
an alternative source of potable water. Participate in regional studies and efforts
where appropriate.
Appellant contends that the City's findings of conformity to these LCP provisions are not
appropriate, since the project does not encourage water conservation or reuse and because
is a large-scale project that uses standard technology rather than a research facility or
feasibility effort. However, as noted in the staff report, while these LCP provisions direct
the City to "promote" and"encourage" certain actions, it does not require the project to
take such actions. Therefore, for reasons similar to those stated in the staff report, the
Commission finds that no substantial issue exists with respect to the project's consistency
with these LCP provisions.
7r �-
r, POSEIDON RESOURCES
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April 7, 2006
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VIA E-MAIL AND FEDERAL EXPRESS
to
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, California 94105-2219
Re: Anneal No. A-5-06-101: Response to Commission Staff Report and
Recommendation on Substantial Issues in Appeal of City of Huntington Beach
Approval of Poseidon Desalination Facility
1
Dear Commissioners:
t Poseidon Resources Corporation("Poseidon") is writing to respond to the Commission's
March 23, 2006 Staff Report and Recommendation (the "Report")regarding substantial issues
presented in the appeal of the City of Huntington Beach's approval of a Coastal Development
Permit("CDP")for Poseidon's proposed desalination facility(the "Project"). Because portions
of the Project are within the Commission's retained jurisdiction, Poseidon is preparing to file an
application for a CDP directly with the Commission so that consideration of the appeal may take
place concurrently with consideration of the application to the Commission. For this reason,
Poseidon will not challenge the staff s recommendation that the Commission find the existence
of substantial issues under the Coastal Act.
While Poseidon does not challenge a finding of substantial issues, we believe that a
significant amount of information contained in the Report is incorrect and that a full review of
the Project indicates that it is consistent with both the Huntington Beach LCP as well as the
Coastal Act. This letter will briefly respond to and clarify certain statements contained in the
Report.l
t Poseidon's direct application with the Commission will be both legally and factually related to this appeal;
therefore,Poseidon requests that the Commission staff prepare a consolidated staff report pursuant to 14 CCR§
13058 and hear both matters concurrently.
Lone Beach Office San Dicgo Office
3760 Kilroy Airport Way,Suite 260 501 West Broadway,Suite 804
Long Beach,Ca.90806 San Diego,Ca.92101
562490-2003 Tel. 619-595-7858 Tel.
i
562490-2403 Fax 619-595-7892 Fax
LA\1560917.3
i
E
A. Marine Biology and Entrainment
Staff Report Contention.
The Report states that the Project's water intake pumps will not adequately minimize
damage to marine organisms due to entrainment. The Report also posits that the Project will
alter the amount of water taken in by the adjacent AES power plant, thereby increasing
entrainment at that plant.
�t
Response.
The Project will have insignificant to no entrainment impacts because all of the water that
it will intake will come from and have already been screened and circulated through the AES
plant, and over 94 percent of organisms will not survive the intake process at the AES plant. By
co-locating the Project with an existing power plant, the entrainment impacts caused by the
Project are negated because the facility receives its water intake after the power plant has used
that water, and therefore after any inevitable entrainment at the power plant has already
occurred. A detailed study regarding any additional impingement and entrainment effects caused
solely by the desalination facility concluded that the facility will not cause any additional
impingement losses. See Exhibit T to EIR(Huntington Beach Desalination Facility Intake
Effects Assessment). The study further concluded that the Project will cause only minimal
increases in entrainment mortality(the 94.1%mortality rate at the AES plant alone would be
increased to between 95.3% and 98.7%when combined with the desalination facility)and that
the larval fish loss attributed to the facility would be .02 percent of the total local population.
Finally, the study found that the most frequently entrained species are not rare or endangered but
rather are abundant in the area of the AES plant intake and species of direct recreational and
commercial value constitute a very small fraction of the entrained organisms in that intake.
In addition,the Project will not alter the amount of water taken in by the adjacent power
plant. As described in sections three and four of the EIR, even after implementation of the
Project, the power plant will continue to pump the same amount of source seawater for cooling
as is permitted today by the State Water Resources Control Board. The desalination facility will
not require additional water from the power plant when the plant is shut down or operating at
low levels because, even if the plant is operating in standby mode, the desalination facility will
be able to operate and produce 50 MGD of fresh potable water only using water that has already
been circulated by the power plant. Finally, the power plant will not need additional water to
cool its discharge water to temperature ranges required by the Project because the average
discharge temperature of 82 degrees is far below the maximum temperature threshold for
desalination. Even during the warmest day of the last 20 years, the power plant's water would
not need to be cooled further for use by the desalination facility. See Exhibit C to EIR
(Hydrodynamic Modeling of Source Water Make-Up and Concentrated Seawater Dilution for
the Ocean Desalination Project at the AES Huntington Beach Generating Station). Therefore,
the Project is consistent with both the LCP and Coastal Act in that it more than adequately
minimizes any potential damage to marine organisms.
2
LA\1560917.3
B. Water Quality
Staff Report Contention.
The Report contends that the Project does not enhance water quality, and that the Project
does not prevent water quality degradation, particularly because of the discharge of cleaning
compounds from the facility as well as the resulting increased levels of water salinity in the area
surrounding the facility.
Response.
The Project will enhance water quality by removing bacteria from source water and by
increasing levels of dissolved oxygen in the water returned to the ocean. In addition, the Project
further will enhance water quality by reducing the thermal loading and thermal footprint of the
discharge from the power plant.
Moreover, neither the Project's discharge of cleaning compounds nor the slightly
increased salinity levels in the area will degrade the quality of ocean water surrounding the AES
plant and the desalination facility. The desalination facility will clean its reverse osmosis
membranes with chemicals that are analogous to household cleaners. The initial rinse of the
membrane cleaning solution will be treated at a wastewater treatment facility, and only the
second rinse,which will contain trace amounts of cleaning compounds below detection limits for
hazardous waste,will be discharged into the ocean after it is thoroughly diluted in water. As
concluded in Appendix K to the EIR(RO Membrane Cleaning Solution Discharge Test Stream
Data), even before dilution, the vast majority of the chemicals within the membrane cleaning
solution would be either below detection levels or regulatory limits. Dilution of these substances
will even further minimize the already less than significant impacts on the local marine
environment.
In addition, only a small area of both ocean floor and water will be exposed to discharge
water that has a salinity level that is just slightly higher than normal. The expected 10 percent
increase in salinity in those areas is within the normal variability of seawater and will have no
appreciable impact on local marine species. In fact,most marine species in the water around
Huntington Beach are also found in geographic regions that naturally have a salinity range
comparable to or greater than what is predicted at the discharge area. See Exhibit S to EIR
(Marine Biological Considerations Related to the Reverse Osmosis Desalination Project at the
Applied Energy Sources Huntington Beach Generation Station).
C. Environmentally Sensitive Habitat Areas
Staff Report Contention.
The Report asserts that the Project does not adequately ensure protection of the nearby
Huntington Beach Marsh because the facility site is subject to liquefaction, has a high potential
for soil contamination, may need soil removal or treatment, and may need outdoor lighting or
stormwater mitigation.
3
LAU 560917.3
......
Response.
The Project has been intentionally located, and additional mitigation measures have been
crafted, to avoid any significant environmental impacts on the Huntington Beach Marsh. The
Project will be separated from nearby coastal wetlands by existing containment berms,which
will keep storm water onsite. The Project design will incorporate adequate engineering measures
to stabilize structures from onsite soils known to be prone to liquefaction, including over-
excavation and recompaction of soils, in-situ soil densification, injection grouting and deep soil
mixing. The Project will also be engineered to meet all building and safety requirements. These
e measures were identified during the environmental review process by geotechnical studies
prepared for the Project. In addition, a detailed geotechnical report is required to be prepared
and submitted with the building permit application for the proposed facility. That analysis will
address issues such as lateral spreading, chemical/fill properties of underground items, and
remedial work. In addition, the desalination facility will feature an onsite local storm water
drainage system,which will include catch basins that will collect any potential runoff that is
contained by the existing berms and then direct it to a storm water pump via gravity lines.
During the design phase of the Project, Poseidon, the City, Regional Water Quality Control
Board, and the AES staff will work together to select the best method of treating storm water to
minimize impacts of urban pollutants. The Project will incorporate applicable Best Management
Practices in order to contain stormwater runoff and will be in compliance with all standards as
administered by the State Water Resources Control Board and County of Orange. Further, the
facility will be graded so that all onsite stormwater will flow away from the wetland area and
1 toward the local drainage system. Any outdoor lighting, if required,will have limited intensity
and be directed away from the sky and adjacent wetlands.
D. Energy Use
Staff Report Contention.
The Report contends that the Project may result in increased electricity production at the
adjacent power plant, which could cause adverse effects to marine biology due to entrainment.
Response.
As explained in section A above,even when the desalination facility is operating at full
i capacity,the power plant will continue to pump the same amount of source seawater for cooling
as is permitted today. Therefore, any increase in the amount of power generated by the plant due
to its services to the desalination facility will not have an effect on the amount of entrainment
caused by the plant's water intake device. Further, the Project may not rely wholly on the AES
plant to meet its power needs,but instead may utilize a variety of power sources, which are
distributed throughout the state and connected to a regional power supply source.
I
4
LA\1560917.3
E. Energy Use and Development
Staff Report Contention.
The Report states that siting the desalination facility adjacent to the power plant may
affect the ability of the power plant to shift to new technology, such as an alternative cooling
system, which would have less adverse impacts on the environment.
Response.
The AES plant already utilizes the best technology available and alternative cooling
systems will only result in greater adverse effects to the environment, such as, for example,
increased noise. Moreover, the plant has power contracts that remain in effect through 2018, and
as reflected in the Huntington Beach City Council meeting minutes, AES representatives have
refuted claims that the siting of the desalination facility adjacent to the plant will affect future
development plans.
F. Land Use
Staff Report Contention.
The Report asserts that it is unclear whether the Project is consistent with uses allowed
under the Public and Semipublic classification pursuant to the City's LCP and related zoning
codes.
Response.
As determined by the Director of the City's Planning Department, the desalination
facility is a public-private partnership that has the same characteristics as a utility, which
explicitly falls within the scope of the public/semi-public classification under the City's zoning
ordinance. Poseidon has made a binding commitment to: a) enter into a Water Purchase
Agreement with the City of Huntington Beach that provides the City the right to purchase.three
million gallons per day from the desalination facility; b)provide an emergency water supply to
the City of up to 10 million gallons per day for up to seven days; and c) enter into an Owner
Participation Agreement with the City Redevelopment Agency to provide long-term assurance of
E property tax and other economic benefits to the City. Poseidon intends to forge agreements with
many other public entities as well. Even though Poseidon will not be regulated by the Public
Utilities Commission, Poseidon will sell the output of the desalination facility through wholesale
contracts with retail water providers that are regulated by the state, public water agencies, and
municipalities. Therefore, the City has determined that because the facility will be a wholesale
supplier to regulated utilities, public water agencies and municipalities, and will provide much-
needed water services to the public, it is properly classified as a public/semi-public use.
G. Coastal Dependency
Finally, although the Report concludes that a substantial issue is not raised with respect to
coastal dependency, staff suggests that the Project is not coastal dependent and therefore is
unnecessarily afforded a site near the shoreline.
5
LAA 560917.3
Taking the position that a facility dedicated to the desalination of ocean seawater is not
coastal dependent is illogical, inconsistent with the analogous examples of coastal-dependent
uses identified by the Legislature in the Coastal Act, and inconsistent with the plain meaning of
the language of the Act. Seawater desalination facilities clearly fall within the Coastal Act's
4 definition of coastal dependent because such facilities require "a site on, or adjacent to the sea"
in order to draw seawater into the plant. To suggest that the plant is not coastal dependent
because only the intake requires a coastal site is inconsistent with other examples identified as
coastal dependent in the Coastal Act. See Pub. Res. Code § 30001.2. Using the Report's
reasoning, one could argue that electric generating facilities,refineries, and offshore drilling for
oil and gas are not coastal dependent because these land uses can also be sited outside the coastal
zone. Further,the Commission itself already determined in its 1993 Report that desalination
facilities are coastal dependent and recommended "siting of plants near existing seawater
intakes"to mitigate potential adverse impacts.
Poseidon looks forward to the upcoming opportunities to explain in detail to the
Commission its position on the above-referenced issues, as well as other issues regarding the
proposed desalination facility's conformance with the Huntington Beach LCP and the Coastal
Act. In the meantime, if you have any questions or would like to discuss any points related to
the facility, please do not hesitate to contact us.
'ncerely,
ja� .
Peter MacLaggan
Senior Vice President
Poseidon Resources Corporation
cc: Paul Emery, City of Huntington Beach
Howard Zelefsky, City of Huntington Beach
Mary Beth Broeren, City of Huntington Beach
Walter Winrow, Poseidon Resources Corporation
Andrew Kingman, Poseidon Resources Corporation
Rick Zbur, Latham &Watkins
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LA\156091 7.3
STATE OF CALIFORNIA—THE RESOURCES AGENCY '` ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE •�
200 OCEANGATE,10TH FLOOR
LONG BEACH,CA 90802-4416
VOICE (562)590-5071 FAX(562)591-5084
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Please Review Attached Appeal Information Sheet Prior To Completing This Form.
SECTION I. Appellants)
Name:! Residents for Responsible Desalination, et al, attached,c/o
Mailing Address: c/o 1586 Myrtlewood St.
City: Costa Mesa, Ca. Zip Code: 92626 Phone: (714)754-0814
SECTION IL Decision Being Appealed
l. Name of local/port government:
City of Huntington Beach
2. Brief description of development being appealed:
Reverse osmosis desalination plant to utilize the existing AES generating plant ocean intake to pump 100 million
gallons per day(mgd)of seawater, generate 50 mgd of potable water, and 50 mgd of brine to be discharged into the
ocean. The desalination plant would be the largest in the United States. The ultimate water consumer has not
been identified.
3. Development's location (street address, assessor's parcel no., cross street, etc.):
21730 Newland,Huntington Beach N
(East side of Newland;south of Edisn Ave.) c
4. Description of decision being appealed (check one.): '
❑ Approval; no special conditions
® Approval with special conditions: u I
>
❑ Denial
cn
Note: For jurisdictions with a total LCP, denial decisions by a local government cannot be
appealed unless the development is a major energy or public works project. Denial
decisions by port governments are not appealable.
TO BE>COMPLETED BY COMMISSION:!.
APPEAL NO
DATE FILED
«DIS'TRICT:
Residents for Responsible Desalination Appellants of
City of Huntington Beach approval of
Coastal Development Permit CDP 02-05, Poseidon.
Marinka Horack
Edward C. Horack
21742 Fairlane Circle
Huntington Beach, Ca. 92646
John F. Scott
22032 Capistrano Lane
Huntington Beach, Ca. 92646
Patricia Goodman
18531 Bentley Lane
Huntington Beach, Ca. 92648
Eileen Murphy
201 21 s. St.
Huntington Beach, Ca. 92648
Tim Geddes
21802 Windsong Circle
Huntington Beach, Ca. 92646
Jan Vandersloot, MD
8101 Newman Ave. Suite C
Huntington Beach, Ca. 92647
Larry Porter
1501 Westcliff Dr. #201
Newport Beach, Ca. 92660
Suzanne Smith
Robert Smith
21352 Yarmouth
Huntington Beach, Ca. 92646
Merle Moshiri
8802 Dorsett
Huntington Beach, Ca. 92646
Sandra Genis
1586 Myrtlewood St.
Costa Mesa, Ca. 92626
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Page 2)
5. Decision being appealed was made by (check one):
❑ Planning Director/Zoning Administrator
® City Council/Board of Supervisors
❑ Planning Commission
❑ Other
6. Date of local government's decision: February 27,2006
7. Local government's file number (if any): CDP 02-05
SECTION M. Identification of Other Interested Persons
Give the names and addresses of the following parties. (Use additional paper as necessary.)
a. Name and mailing address of permit applicant:
Poseidon Resources Corporation .
3760 Kilroy Way,#260
Long Beach Ca. 90806
Attention: Billy Owen
b. Names and mailing addresses as available of those who testified (either verbally or in writing) at
the city/county/port hearing(s). Include other parties which you know to be interested and should
receive notice of this appeal.
(I) See attached
(2)
(3)
(4)
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Page 3)
SECTION IV. Reasons Supporting This Appeal
PLEASE NOTE:
• Appeals of local government coastal permit decisions are limited by a variety of factors and requirements of the Coastal
Act. Please review the appeal information sheet for assistance in completing this section.
• State briefly your reasons for this appeal. Include a summary description of Local Coastal Program, Land Use
Plan, or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons
the decision warrants a new hearing. (Use additional paper as necessary.)
• This need not be a complete or exhaustive statement of your reasons of appeal; however, there must be sufficient
discussion for staff to determine that the appeal is allowed by law. The appellant, subsequent to filing the appeal,
may submit additional information to the staff and/or Commission to support the appeal request.
The Poseidon plant would be the largest seawater desalination plant in the nation. The site is located
across Pacific Coast Highway from Huntington State Beach and adjacent to the Huntington Beach
Channel. The project fails to conform to the requirements of the City of Huntington Beach Local Coastal
Program (LCP) Land Use Plan/Coastal Element, specifically:
C1.2.3 Prior to the issuance of a development entitlement, the city shall make the findings that adequate
services (i.e., water, sewer, roads, etc.) can be provided to serve the proposed development consistent
with policies contained in the Coastal Element, at the time of occupancy.
According to the project environmental impact report (EIR) the plant will consume 720 to 840 megawatt
hours of electricity per day, equivalent to the power demand of 30,000 to 35,000 homes. Members of
Residents for Responsible Desalination (R4RD) and others repeatedly requested information as to the
anticipated source of this massive amount of energy to be consumed, but that has not been identified.
Without evidence on the record, the City of Huntington Beach has simply stated that adequate service
will be provided. It may be noted that generation of the increased electricity required may well result in
additional impacts on coastal resources.
C 6.1.1: Require that new development include mitigation measures to enhance water quality, if feasible;
and at a minimum, prevent the degradation of water quality of groundwater basins, wetlands, and surface
water.
The Poseidon project will release 50 million gallons per day of concentrated brine into the ocean. As
noted in the EIR, this will result in salinity increases of ten percent or greater in areas within 1,200 feet of
the discharge. The facility will use chemicals such as sulfuric acid, sodium hydroxide, sodium
tripolyphosphate B, and sodium dodecylbenzene B to clean reverse osmosis membranes, generating a
total of 91,000 gallons of cleaning discharge per day. Poseidon currently plan to discharge the first 4,000
gallons of cleaning discharge to the sanitary sewer, with the remaining 87,000 gallons of polluted material
to be blended with the brine for ocean discharge. The city has found that this is not a significant impact,
but Policy C 6.1.1 prohibits any degradation at all, whether or not it is found to be less than significant by
the City Council.
C 6.1.2: Marine resources shall be maintained, enhanced, and where feasible restored. Special protection
shall be given to areas and species of special biological or economic significance.
C 6.1.3: Uses of the marine environment shall be carried out in a manner that will sustain the biological
productivity of coastal water and that will maintain healthy populations of all species of marine organisms
adequate for long-term commercial, recreational, scientific, and educational purposes.
C 6.1.4: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and
lakes appropriate to maintain organisms and for the protection of human health shall be maintained and,
where feasible, restored.
The Poseidon project proposes to utilize the existing AES power plant cooling intake as their water
source. The AES plant employs a once through cooling process which is permitted to utilize up to a
maximum 514 mgd, though average daily flow has historically been less than half that amount. Due to
the significant impacts created, once through cooling is not permitted in new power plants and is being
phased out in older plants. Impacts include entrapment of marine wildlife on intake screens and
entrainment, destroying remaining microfauna, including larva which might otherwise replace fish
destroyed through entrapment within the plants.
Allowing the Poseidon plant to take over use of the intake pipe would perpetuate and increase the
damage currently caused by the power plant intake, contrary to the above policies. The project EIR
indicates that entrainment mortality at the power plant is 94.1 % at a flow of 507 mgd, to increase to 95.3
% under combined operations with Poseidon, with power plant mortality of 98.7 % at flow of 127 mgd,
to increase to 100 % under combined operations with Poseidon, destroying the few remaining life forms
in the water. In addition, during power plant down times, the desalination facility would continue to
draw ocean water and continue the entrapment and entrainment of marine life.
The co-location of the desalination plant with the AES power plant would also render power plant
retrofit more difficult. For example, cooling towers could be installed at the power plant as an alternative
to once-through cooling, but this would require additional space—space that would be occupied by the
desalination facility. This would also be contrary to the intent of Goal C8: "Accommodate energy
facilities with the intent to promote beneficial effects while mitigating any potential adverse impacts",
because the desalination plant could eliminate the ability to mitigate an existing adverse impact of the
AES Plant.
As noted above, the facility will discharge 50 mgd of concentrated brine into the ocean, resulting in
salinity increases of ten percent or greater in areas within 1,200 feet of the discharge. As noted in
Appendix F, of the EIR, this will likely depress local benthic species diversity.
C 6.1.13 Encourage research and feasibility studies regarding ocean water desalination as an alternative
source of potable water. Participate in regional studies and efforts where appropriate.
This policy encourages research into uses of desalination, not implementation, absent adequate research,
of the largest such plant in the nation. The policy calls for a cooperative effort with other agencies in the
region. However, the Poseidon project has been pursued on a "lone ranger" basis, and several of the
largest water providers in the region have expressed reservations about the proposed plant, as illustrated
in their communications during the EIR process and afterward. These include the Municipal Water
District of Orange County and Irvine Ranch Water District.
C 6.1.19. Prior to the approval of any new or expanded seawater pumping facilities, require the
provision of maximum feasible mitigation measures to minimize damage to marine organisms due to
entrainment in accordance with State and Federal law.
Members of R4RD and others have requested that the plant consider use of beach wells as an alternative
to ocean intake and to consider other means of addressing water supply, including increased water
conservation, per LCP Policies C 6.1.12 through 6.1.18, increased retention of stormwater runoff (C
6.12.18), and water recycling/reclamation (C 6.1.14).
The project also fails to conform to the requirements of the LCP Implementation Program.
The Land Use Plan of the Huntington Beach Local Coastal Program designates the project site for Public
use. This designation generally permits the following: Governmental administrative and related facilities,
such as public utilities, schools, public parking lots, infrastructure, religious and similar uses.
In accordance with Section 201.02 of the Municipal Code, Titles 20-25 of the Code constitute the Local
Coastal Program Implementation Plan. The Code places the project site in the PS (Public-Semipublic)
District. In accordance with Section 214.06, uses in the District are limited to various public functions,
including minor utilities, which are permitted by right, and major utilities, which require a use permit. As
stated in Section 214.06: "Use classifications that are not listed are prohibited". Industrial uses are not a
permitted use.
Section 204,08, Public and Semipublic Use Classifications, includes the following definitions of utilities:
R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines,
switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage
facilities, water or wastewater treatment plants, transportation or communications utilities, and similar
facilities of public agencies or public utilities [emphasis added].
S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only
minor structures such as electrical distribution lines, underground water and sewer lines, and recycling
and collection containers.
Huntington Beach staff has stated repeatedly that Poseidon is not, in fact, a utility and nowhere has
Poseidon indicated that any Public Utilities Commission approval is sought. Thus, the desalination
facility fails to meet the required criteria for water treatment plants in the Public-Semipublic district, but is
merely a private industrial facility, like any other industrial facility, and fails to conform to the
requirements of the Public-Semipublic District.
APPEALS FROM COASTAL PERMIT DECISIONS OFLOCAL GOVERNMENT
Article V. Certification
The information and facts stated above are correct to the best of my/our knowledge
(;L� 3 - 6'-- �
Si e of appellant Date
Signature of appellant Date
Signature of appellant Date
��iLittiGc Ge/ � �a
Signature of appellant Dat
&gnatureappellant Date
Signature of appellant Date
ature of appellant Date
9
Signature of ap ellant Date
Signature o ppellant Date
Signature of appellant Date
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Si ture of appellant Date
Ini'vd, //
Sign ture of appell'4nt Date
Signature of appellant Date
Signature of appellant Date
Signature of appellant Date
Signature of appellant Date
Signature of appellant Date
Dorothy Grubbs Joseph Mastropadlo Edward Chapman
8181 Munster 15291 Magellan 519 9th St.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92647 Huntington Beach, Ca.
Marion Armijo Larry Barnard Mike Sweeney
21621 Hanakai Ln. 9531 Smokey Cir. 3145 Tyrol
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Laguna Beach, Ca. 92651
Paul Cross Gus Mau Sandi Wright
109 Huntington 1015 Alabama 19918 Vermont
Huntington Beach, Ca. Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646
Dustain Holloway Philip Salerno Mickey Toffen
16661 Sims, Apt. D 16526 Pinyon Cir. 20661 Kelvin
Huntington Beach, Ca. 92649 Fountain Valley, Ca. Huntington Beach, Ca. 92646
Jean Roberts Louis Pardo William Meyers
18900 Delaware 19864 Berkshire 227 Elmiro
Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92648
Jim Spry Stephen Holden Ryan Townsend
8142 Ellis, No. C 949 loth ST. 407 11th St.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. Huntington Beach, Ca.
Josh Wiggins David Coffman Miguel Abramowicz
211 Oswego 9021 Regatta 22162 Wood Island
Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Roy McCord Rex Ricks Joe Bustos
22122 Wood Island 6470 Marin Cir. 12921 Ramona, Ste G
Huntington Beach, Ca. 92646 Magalia, Ca. 95954 Irwindale, ca. 91706
Allison Garcia Warren Barkfelt Ed Zschache
20141 Midland 21162 Richmond cir. 20802 Woodlea Ln
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Tom Simpson Susan Hughes Joyce Galin
21042 Shackleford Cir. 21771 Impala 4942 Seapine
Huntington Beach, Ca. Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92649
Ella Randolph Oscar Dobkin George Mason
8777 Coral Springs, #4A 1900 Pacific Coast Hwy #10 21641 Bahama
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646
Randall & Victoria Bruno Kristy Kirtland Carrie Martin
22152 Wood Island 22032 Rockport 9171 Haiti Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Janice Thompson Marcel & Minnie Broekman Pam Chapman
20561 Pebble Ln. 8815 Yuba Cir. #1102A 9062 Niguel Cir.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Wallace Parter Linda sladek James Woods
16222 Monterey #175 10382 Monitor Dr. 16178 Bimini
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92649
Norman Spong Tim Hohman HBWater Treatment Facility
18611 Park Meadow Ln 6296 Sunnyside Cir. 419 Main St., Suite A
Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92648
Glen Touhey Mesa Verde Community Inc. cheryl & STeve Bastian
6665 Twintree Dr. Box 4102 10052 El Capitan
Huntington Beach, Ca. 92646 Costa Mesa, Ca. 92628-4102 Huntington Beach, Ca. 92646
Mr.& Mrs.RPHeflin Dovem Kissner Patrick Caponeti
8811 ARcel 21611 Kanakoa 6372 Bellinger
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92647
Michelle Burgess Marc Irvin Carolyn & Michael Ross
20741 Catamaran 8341 Atlanta 21612 Polynesian
Huntington Beach, Ca. 92646 Huntington Beach, Ca. Huntington Beach, Ca. 92646
CHarles & Suzanne Rosen Nancy & Tod Buchoz Gail & Scott Swanson
2041 Beckwourth Cir. 9001 Rhodesia 9062 Rhodesia
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Frank Pekay AB Johnson Helen Tvelia
20331 Morristown 9102 Hyde PArk Dr. 20202 Princeton
Huntington Beach, Ca. Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Anne Divesser Lori Costigan Marjorie & James Powers
21851 Newland 21652 Seaside 22121 Luau Lane
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Mary Suprenant Yen-Ning & Kuo-ti Kao Randall & Victoria Bruno
21811 Kiowa 21342 Sand Dollar 22152 Wood Island
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Hatala Family Lynne Baker Lena & Steve Hayashi
6301 Newbury 21721 Branta Cir. 9572 Castine Dr.
Huntington Beach, Ca. 92647 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Anatole Bronin Alice & Steve Toth Chuck Allen
21341 Compass Ln. 21871 Ocean View 8881 Stilwell
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Doris Bailey Diane & Curtis Stelley Varini de Silva
8381 Lomond 9422 Rambler 9542 Dumbreck Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Rober;t & Mary Harris Carolyn & John Lewis Norman & Ethel Bergman
21731 Dingo Cir. 18716 Stratton 8851 Satterfield
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646
John Quinlan Scott Oschman Dave Whitaker
9412 Mokihana 21232 Banff 17672 Prescott
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92647
Charlie Hunt Darren Magot John Dishon
8822 Satterfield 9061 Niguel 21022 Galbar
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Patricia Pope Glenn Selvin Pat Myles
4761 Hermansen 16182 Gothard Unit B 6241 Royalist
Huntington Beach, Ca. Huntington Beach, Ca. 92647 Huntington Beach, Ca. 92647
william & Sarah Cerri Don Bon Claudette Ruzicka
9561 Borba 9321 Neolani 9911 Star Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Ann Harvey K Shawn Thompson McGarigle Jim Moreno
9361 La Jolla 9121 Bermuda 15262 Stanhope
Huntington Beach, Ca. Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92647
Gary & <inda Wheaton Rick & Dee Taylor RH & Suanne Rubel
20141 McKinley 16661 Wellington 5421 Neargate
Huntington Beach, Ca. Huntington Beach, Ca. 92649 Huntington Beach, Ca.
Harvey Levin Bob Kramer Steve Harrison
8566 Sierra Cir. #9111) 4802 Curtis 9302 Greenwich
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92649 Huntington Beach, Ca. 92646
Craig & Christy Impelman Dean Williams Chris Costello
20161 Azure 21651 Hanakai 17112 Harbor Bluffs #C
Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92649
Steve & Betty Holden George Nierlich Larry J. Kolewic
949 loth St. 19097 Flagship Cir. 2165 Termino
Huntington Beach, Ca. 92648 Huntington Beach, Ca. Long Beach Ca. 90815
Jim & Joyce Wilson Robert & Carolyn Hardy Claire & Sigmund Grozinger
19351 Ward #40 20612 Lavonne Ln. 608 22nd
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca.
Ina Hunter Warren & Shirley Biscailuz Franz Berghammer
21311 Seasprite 9001 Bobbie 10041 Theseus
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca.
Jan Campbell Barbara Kanemura Shawn Machan
9422 Gateshead 21901 Starfire 9662 Hightide Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Geoff Rudy Michael Hyams Diane & Henry Castignetti
9361 Tahiti 10222 Stonybrook 9331 Southshore Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Carlo Vapor Melody Christenson Donna Allison
19941 Carmania 21171 Shepherd 9232 Christine Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Don Howarth Laurent & Therese Hart Bruce Brandt
21041 Inferno 10062 Theseus 22381 Wellington
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca.
Anita Khalap Kiersta & Scott Poe Kenneth Killian
9372 Folkstone 22042 Malibu Ln. 9361 Leilani Dr.
Huntington Beach, Ca. 92646 Huntington Beach, Ca. Huntington Beach, Ca.
Sonne Idelshon Jim McCarty Fred Barla
22848 Willard 21851 Seaside 10152 Birchwood
Lake Forest, Ca. 92630 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646
Marty & Cindy Jimenez Mortimer & Janice Shea Firmin Boul
20392 Dublin Ln. 9121 Kapaa 16961 Coral Cay
Huntington Beach, Ca. Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92649
Susan Willauer Marlene Zusman David Womble
9532 Smokey 21602 Kaneohe 5821 Price
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca.
David Hoskins Donna Little Edward Reynolds
19555 Woodlands 17132 Pacific Coast Hwy #202 6211 Priscilla Dr.
Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92649 Huntington Beach, Ca.
Mickael & April Masterpole David Kobel Stee Hollowell
10052 Dana Dr. 20101 Imperial Cove 8771 Burlcrest
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92646 Huntington Beach, Ca.
Phillip & Judith Smith Stephen Marciniec Terry Ehlers
19552 Ditmar 327 18th St. 19415 Merion Cir
Huntington Beach, Ca. 92646 Huntington Beach, Ca. Huntington Beach, Ca. 92648
Darnell Wyrick Robin Leffler Ron Van Blarcom
1806 Hummingbird 3018 Samoa Van Blarcom Leibold
Costa Mesa, Ca. 92626 Costa Mesa, Ca. 92626 307 E. Chapman
Orange, Ca. 92866
John Erskine
Nossaman Gunther
18101 Von Karman$e
Irvine, Ca. 92612
Davey Dove Jeff Phillips Craig Johnson
1035 12th ST. 21581 Dakar 34 Executive Pk. #150
Huntington Beach, Ca. 92648 Huntington Beach, Ca. 92646 Irvine, Ca.
Mike Pino Todd Palomba Alltie Van Krieken
16271 Galaxy 21402 Yaramouth 922 Lake
Westminster, Ca. 92683 Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92648
Kim Shettler Charles Griffin Sharon McCall
2913 Redwood 732 Bison 21851 Newland
Costa Mesa, Ca.92626 NewportBeach 92660 Huntington Beach, Ca. 92646
Kim & John Dimatteo Dave Hamilton Patricia Gray
21122 Shaw 5401 Kenilworth 20841 Glencairn
Huntington Beach, Ca. 92646 Huntington Beach, Ca. 92647 Huntington Beach, Ca. 92646
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Teddi Alves Merle Moshiri Joseph Jeffrey
9921 Big Sur Drive 8802 Dorsett Drive 19371 Maidstone Lane
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648
Dr.Prem Saint Carolyn Crockett Guy Adams
4882 Van Buren Street 9062 Adelia Circle 9021 Bermuda Drive
Yorba Linda, CA 92886 Huntington Beach, CA 921646 Huntington Beach, CA 92646
Jacqueline Gould Dominic Menaldi Jack Adams i
21372 Pinetree Lane 9001 Bermuda Drive 21541 Hanakai Lane
Huntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Monika Galluccio President 1
H.B. Chamber of Commerce Bill Hartge
9182 Christine Drive 19891 Beach Blvd.,Ste.140 17121 Edgewater Lane
Huntington Beach, CA 92646 Huntington Beach,CA 92648 Huntington Beach, CA 92649
c Sandra Genis Eddie Barnes Dean Reinemann
1586 Myrtlewood 19462 Harding Lane 1877 Parkview Circle
Costa Mesa, CA 92626 Huntington Beach, CA 92646 Costa Mesa, CA 92627
Jim McLaughlin Mike Costello Bob Riedesel
8788 Coral Springs Ct. 19282 Pitcairn Lane 20081 Beaumont Circle
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
President S Victor Long Russell Svelling
Huntington Beach Tomorrow i 20601 Goshawk Lane 7712 Rhine Drive
Po Box 86s Huntington Beach, CA 92648 Huntington Beach, CA 92647
Huntington Beach,CA 92648
Jerry Falabella Richard Kelly Gerald Caterina
22091 Jonesport Lane 20591 Paisley Lane 119 15th Street
Huntington Beach, CA 92646 Huntington Beach,CA 92646 Huntington Beach, CA 92648
Michael Scavo Bill Gregory Eric Owen
16282 Wishingwell Lane 4961 Los Patos Avenue 8922 Albatross Drive
Huntington Beach, CA 92647 Huntington Beach, CA 92649 Huntington Beach, CA 92646
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Linda Bartolomucci James Baxter Francis Arciaga
8580 Hamilton Avenue 19531 Occidental Lane 9881 Kings Canyon Drive
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach,CA 92646
Beverly Wiesen Gerald Mitchell Bill Dahlin
21371 Breton Lane 9681 Mammoth Drive 9782 Rainier Circle
Huntington Beach,CA 92646 Huntington Beach, CA 92646; Huntington Beach, CA 92646
Mike Buono Charles Rezner Michele Rogers
8832 Fry Circle 6502 Edgemont Drive 21631 Kaneoke Lane
Huntington Beach,CA 92646 Huntington Beach, CA 92647 Huntington Beach, CA 92646
Bonnie Cosgrove Paul Arms David Lacy
21392 Dockside Circle 19138 Surfwave Drive 729 Lake Street
Huntington Beach,CA 92646 Huntington Beach, CA 92648 Huntington Beach,CA 92648
Barbara Alcott Jayne Parra Scott Tracy
17421 Ojai Lane 21901 Vacation Lane 9092 Bermuda Drive
Huntington Beach, CA 92647 Huntington Beach, CA 92646 Huntington Beach, CA 92646
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Brittni Newman D%inteach,
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9631 Lassen Circle 2ane 405 8a' Street
Huntington Beach,CA 92646 H CA 92646 Huntington Beach, CA 92648
Ray Roberts o Lou DeBottari
20291 Wind Cave Lane 2 72 c iew Lane 10091 El Capitan Drive
Huntington Beach,CA 92646 H ch, CA 92646 Huntington Beach, CA 92649
Pete Minko Clayton King da dez
21361 Breton Lane 21321 Banff Lane 3On
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Huntington Beach, CA 92646 Huntington Beach, CA 92646 H teach, CA 92646
John McGregor T' s Milt Dardis
21752 Pacific Coast Highway,#6A 21 ng Circle 22052 Capistrano Lane
Huntington Beach, CA 92648 Hun each, CA 92646 Huntington Beach,CA 92646
Julian Vochelli Dr. Dallas Weaver Elaine Booth
19322 Pitcairn Lane 8152 Evelyn Circle 3 Winterbranch i
Huntington Beach,CA 92646 Huntington Beach, CA 92646 Irvine, CA 92604
Pat McCully Pete Hemphill Cindy Gross
20631 Kelvin Lane 21581 Impala Lane 6612 Jardines Drive
Huntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92647
Vern Nelson Laurie Rebd Kimber Fidler
7775 Bayport Drive 10082 Spar Circle 20012 Midland Lane
Huntington Beach,CA 92648 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Ron Edwards Mickey Totten Ron Mason
8662 Bayonne Drive 20661 Kelvin Lane 16982 Pacific Coast Highway, #201
Huntington Beach,CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92649
Glenn Santa Cruz Bill Meyers Pete Bickley
518 Lake Street 1025 Lake Street 7850 Slater Avenue
Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92647
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eal a Orange County Fair&Exposition Center Orang Cou Cos ee r
3220 r enue 88 Fair Drive 4410 Ne o v Suite 103
Tanta A 0404 Costa Mesa,CA 92626 Newpo ,CA 92663
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William J. Morris Ronald L Tippets
)hector of Public Services Phief, Environmental Planning Division
:ity of Costa Mesa ounty of Orange Resources Dept.
r7 Fair Drive 00 N Flower Street
'osta Mesa,CA 92628 SantaAna, CA 92702
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Larry Porter Jan D. Vandersloot ° Patricia M. Goodman
1501 Westcliff Drive,#201 8101 Newman Ave, Suite C 18531 Bentley Lane
Newport Beach, CA-92660 Huntington Beach, CA 92647 Huntington Beach, CA 92648
William Yarchin Robert Thomas Karen Jackle
9291 Hudson Drive 9152 Playa Drive 6702 Lawn Haven Drive
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92648
Todd Vanetten David Maricich Norm Westwell
26318 Misty Glen . 21292 Banff Lane 17171 Englewood Circle
Lake Forest, CA 92630 Huntington Beach, CA 92646 Huntington Beach, CA 92647
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Warren Finley
Wader LLC Jo Sco
1076 Skyline Drive 2 2 a s o Lane 2 '3 i ano Lane
Laguna Beach, CA 92651 H Bach, CA 92646 H t' n B ach, CA 92646
Darlene Little Patricia Aurelius L andez
9882 Spruce Court 5411 Trinette Ave. 823 tl Drive
Cypress, CA 90630 Garden Grove, CA 92845 Hunti Beach, CA 92646
Leslie Brian Rod A. Rasmussen Eileen Murphy
71 Giotto 9152 Kapaa Drive 201 21s`Street
Aliso Viejo, CA 92656 Huntington Beach, CA 92646 Huntington Beach, CA 92648
Ric Button Frank Bradley John D. Howell
8642 Hatteras Drive 21851 Newland Street,#224 20321 Bancroft Circle
Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Steve Tyler Maureen Mills James & Cindy Douglas
2564 Franki Street 8481 Doncaster Drive 17322 Whetmore Lane
Orange, CA 92865 Huntington Beach, CA 92646 Huntington Beach, CA 92646
Mindy McIntyre Peter H. Gleick,President
Planning and Conservation League Pacific Institute Surfrider Foundation
921 11"' Street,Third Floor 654 13"' Street PO Box 3087
Sacramento, CA 95814 Oakland, CA 94612 Long Beach, CA 90803
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• John & Linda Scott Cheryl Elliott Hadeel &Lorraine EI-Ahraf
22032 Capistrano Lane 21652 Branta Circle 21572 Kanakon Lane
Huntington Beach CA 92464 Huntington Beach CA 92646 Huntington Beach CA 92646
Scott& Debra Cooper Christine Padesky Greg & Donna Dillon
9372 Malahine Drive 22022 Hula Circle 22101 Jonesport Lane
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92W
Joseph &Joan Ongie William Yarchin, Ph.D. Donald &Loraine Evans
9411 Mokihana Drive 9291 Hudson Drive 6201 Greenbrier Drive
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92648
Brian &.Sylvia Visnoski Ernie &Linda Courter Bob Polkow
22002 Capistrano Lane 21542 Kanakoa Lane 21772 Oceanview Lane
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646
Steffen &Tanis Goltra Ron J. Esmilla Kara Bultacavoli, P.E.
9432 Keoki Circle 19502 Ranch Lane, #108 28965 Live Oak Circle
Huntington Beach CA 92646 Huntington Beach CA 92648 Trabuco Canyon CA 92679
Stacey Grosvenor William Tappan Craig Watkins
601 21"Street 7 Posada 7048 Toledo Court
Huntington Beach CA 92648 Irvine CA 92614-5379 Huntington Beach CA 92648
Rashelle Smith Sue Bennett Hodgson Andy Tran
2837 S. Fairview St., Unit 1 9661 Bickley Drive 6 Heritage
Santa Ana CA 92704 Huntington Beach CA 92646 Alisa Viejo CA 92656
Terese Caiazzo Steve Tedesco, P.E. Angel Bustamante
19901 Keswick Lane 23 Albany Street 65 Wild Horse Loop
Huntington Beach CA 92646 Irvine CA 92604 Rancho Santa Margarita CA 9268(
Steven Agor, P.E. Paul Cook, P.E. Robert Ohlund
25462 Morningstar Road 7155 Little Harbor Drive 30111 Branding Iron Road
Lake Forest CA 92630 Huntington Beach CA 92648 San Juan Capistrano CA 92675
Craig Shuman Gregory Helms
Heal the Bay The Ocean Conservancy Robert& Karla Thomas
3220 Nebraska Avenue Santa Barbara Field Office 9152 Playa Drive
Santa Monica CA 90404 714 Bond Avenue Huntington Beach CA 92646
Santa Barbara CA 93103
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Don Schultz Bruce Monroe Randy Fuhrman
Surfrider Foundation Sierra Club 16915 Roundhill Drive
2722 Mainway Drive 1077 Pacific Coast Highway Huntington Beach CA 92649
Los Alamitos CA 90720 Seal Beach CA 90740
Jan Vand Don May Joe Geever
O Q 1 G oup California Earth Corps :; Surfrider Foundation
81 te. C 4927 Mintum Avenue P.O. Box 6010
Hu o CA 92647 Lakewood CA 90712 San Clemente CA 92674
Mark& Julie Bixby Ed DeMeulle Deborah Zsch
17451 Hillgate Lane 9441 Alii Circle 9021 Niguel Circle
Huntington Beach CA 92649-4707 Huntington Beach CA 92646 Huntington Beach CA 92646
Stephanie Barger M -ka I David Guido
Earth Resource Foundation S 21241 Locklea Lane
230 E. 17"'Street,#208 91 rive Huntington Beach CA 92646
Costa Mesa CA 92627 Hun t ea CA 92646
J*S , Tim Anderson Jeffrey Graham
2 Lane 7801 14a'Street 5643 Lone Star Drive
Ha 92646 Westminster CA 92683 San Diego CA 92120
i Eileen Murphy Dean Albright Don McGee
20121•c Street Ocean Outfall Group 20701 Beach
Huntington Beach CA 92645 17301 Breda Lane#8 Huntington Beach CA 92648
Huntington Beach CA 92649
John Hills Rich Kolander •
Irvine Ranch Water District *Nech
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.3512 Michelson Drive 21152 Strathmoor Lane ve, #207
Irvine CA 92663 Huntington Beach CA 92646 A 92660.
Chris Stacy Charles Kelber Eric Carlisle
Cabrillo Wetland Preservation Org. Cabrillo Wetland Preservation Org. 6392 Camille Drive
21752 Pacific Coast Highway#14 11904 Gloxinia Avenue Huntington Beach CA 92647
Huntington Beach CA 92646 Fountain Valley CA 92708
Brittany Buscomb Karl E. Wysock Doug Korthof
18441 Delaware 9072 Christine Drive 1020 Mar Vista
Huntington Beach CA 92648 Huntington Beach CA92646 Seal Beach CA 90740
o Nancy Donaven Joey Racano Gino Rapagna
4831 Los Patos Avenue P.O. Box 373 8132 Pawtucket Drive
Huntington Beach CA 92649 Huntington Beach CA 92648 Huntington Beach CA 92646
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Michelle Kremer G Jewell
2564 Franki Street
Surfrider Foundation Steve Tyler Surfrider Foundation
P.O. Box 6010 Orange CA 92865 P.O. Box 6010
San Clemente CA 92674-6010 San Clemente CA 92674-6010
Stefane Warren Tanveer Rao Ralph Bauer
Surfrider Foundation 18606 Park Ridge Lane 16511 Cotuit Circle
P.O. Box 6010 Huntington Beach CA 92648 Huntington Beach CA 92649
San Clemente CA 92674-6010
Randy Kokal Walter Winrow Dr.
18507 Pueblo Circle 501 S. Broadway 215 n Lane
Huntington Beach, CA 92646 San Diego CA 92138 Hunti CA 92646
Merrilee Madrigal b Marinka Horack Flossie Horgan
10231 Cliff Drive 21742 Fairlane Circle 207 21 3'Street
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92648
Kerry Knapp Louis Berkin Teresa Young
712 Sue Drive 707 Broadway 1221 N. Charter Avenue
Placentia CA 92870 San Diego CA 92101 Pasadena CA 91104
Monica Hamilton Christine Carr Mike Madigan
5401 Kenilworth Drive 233 22nd Street 701 B Street
Huntington Beach CA 92649 Costa Mesa CA 92627 San Diego CA 92101
Charlie Bunten Roger Faubel Dr. Scott Jenkins
380 5"' Street 25 Orchard 14765 Kalapana St.
Huntington Beach CA 92648 Lake Forest CA 92630 Poway CA 92064
Mike Tope
District Superintendent of Glenn &Suzanne Elliott Steven&Annie Ayala Jelnick
Dept. of Parks&Recreation 21652 Branta Circle 22031 Capistrano Lane
3030 Avenida del Presidente Huntington Beach CA 92646 Huntington Beach CA 92646
San Clemente CA 92672
Bob & Mona Gennaway Ann Tweedy Steve& Kathi Richardson
21651 Dirigo Circle 9761 Melinda Circle 22021 Balboa Circle
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646
William &Kathleen Wetzel Edward Murphy Adam Palitz
21872 Vacation Lane 22061 Rockport Lane 22032 Capistrano Lane
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646
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Stephanie Gledhill Philip Yasskin Mike &Michelle Revelle
5245 Foxglove Drive 19063 Redford Lane - 6621 Feather Drive
Huntington Beach CA 926494093 Huntington Beach CA 92648 Huntington Beach CA 92648
Kami Celano Patrick Clynes Karen Keene
6631 Silent Harbor 6681 Feather Drive 6631 Silent Harbor
Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648
Gary Kutscher Robert Harrison Allan Beek
6565 Feather Drive 9332 Greenwich Drive 2007 Highland Drive
Huntington Beach CA 92648 Huntington Beach CA 92646 Newport Beach CA 92660
's' Eben Sprague Marco Gonzalez
e 25121 La Cresta Surfrider Foundation
N CA 92663 Dana Point CA 92629 2924 Emerson St #220
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San Diego CA 92106
Jon Capristo Ken a e Maria Kutscher
16781 St. Cloud Circle 4 S #B 6565 Feather Drive
Huntington Beach CA 92647 Hu ach CA 92648 Huntington Beach CA 92648
Marty Earlabaugh John Earl Mary Jo Baretich
8031 Mermaid Circle 616 'h Crest WE VOTE
Huntington Beach CA 92646 Huntington Beach CA 92648 21752 Pacific Coast Highway#231
Huntington Beach CA 92646
Jeff Ackley John McGregor Aaron Felein
WE VOTE Cabrillo Mobile Home'Park(PAC) WE VOTE
21752 Pacific Coast Highway#10 21752 Pacific Coast Highway#6A 22382 Caminito Madera .
Huntington Beach CA 92646 Huntington Beach CA 92646 Laguna Hills CA 92653
Sara Beebe David Cariberg Tim Geddes
9683 Kensington Drive 17422 Lido Lane SEHBNA
Huntington Beach CA 92646 Huntington Beach 92647 Huntington
Win Beacsongh
Circle
Huntington Beach CA 92646
Gary Gorman Lars Oldewage Wayne Clark
HB Wetlands Conservancy Irvine Ranch Water District MWDOC
P.O. Box 5903 P.O. Box 57000 2021 Business Center Dr., Ste. U
Huntington Beach CA 92615 Irvine CA 92619-7000 Irvine CA 92612
Adrianne Morrison Dick White Gregory Heiertz
Bolsa Chica Conservancy 17811 Misty Lane Irvine Ranch Water District
38242 Warner Avenue Huntington Beach CA 92649 P.O. Box 57000
Huntington Beach CA 92649-4263 Irvine CA 92619-7000
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Neil D. Tsutsui,Ph.D. Debbie&Steve Clark Laura Curran
University of California, Irvine I 9021 Bobbie Circle 437 Dahlia
321 Steinhaus Hall I Irvine CA 92697-2525 Huntington Beach CA 92646 Corona Del Mar CA 92625
Nicola Peill Karl & Heidi Tahti f David Gordon
5036 East Atherton Street 9071 Regatta Drive 22071 Rockport Lane
Long Beach CA 90815 Huntington Beach CA 92646 Huntington Beach CA 92646
Michael Callison Ronald Smith Brian Reiss, Esq.
21972 SummervAnd Lane 21842 Seaside Lane 22071 Capistrano Lane
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646
Lynda-Hemandez Bobbie Miller Steve Homer
8232 Munster Drive 9332 Tahiti Circle 222181 Luau Lane
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646
Charles &Maryann Roselle David Wagester Susan Jordan, Director
9402 Daytona Circle 9012 Christine Drive CA Coastal Protection Network
Huntington Beach CA 92646 Huntington Beach CA 92646 906 Garden Street
Santa Barbara CA 93101
.Shirley Commons Long Bunker Hill Lou Baker
6352 Reubens 16601 Trudy Lane 18746 Racquet
Huntington Beach CA 92647 Huntington Beach CA 92647 Huntington Beach CA 92648
Steve Ray Tom Livengood Norm Westwell
17762 Paseo Circle, #B 5461 Meadowlark 17171 Englewood Drive
Huntington Beach CA 92647 Huntington Beach CA 92649 Huntington Beach CA 92647
Michelle Svitenko Africano Augustine& Shirley Pepi Conner Everts, Executive Director
9682 Surfcrest Drive 21902 Kaneohe Lane So. California Watershed Alliance
Huntington Beach CA 92646 Huntington Beach CA 92646 5321 Mestoy Avenue
Encino CA 91316
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