Coastal Development at Surfers' Point

March 12, 2009

City of Ventura
Planning Division
501 Poli St
Ventura, CA 93001

RE: Embassy Suites Hotel/T J Mian & Associates Mitigated Negative Declaration # 2278

The Surfrider Foundation has reviewed the MND for the proposed development. The project proposes a new four-story hotel to fill the vacant 2.74-acre parcel at the corner of Figueroa and Harbor Blvd. in Ventura.

We are concerned that the MND does not adequately address impacts on coastal resources due to climate change.

Although there is considerable uncertainty regarding the impacts of Climate Change, the State of California has passed AB 32, the Global Warming Solutions Act of 2006 that recognizes the threat of climate change. On March 11, 2009, the Pacific Institute released a report commissioned by the State that addresses potential impacts to the coast of California due to sea level rise as a result of climate change. Using a very conservative 1.4m increase in sea level elevation over the coming century, the study estimates that the cost of building new or upgrading existing coastal structures is estimated to be at least $14 billion (in year 2000 dollars), with an additional $1.4 billion per year in maintenance costs. The UN has predicted even greater and faster sea level rise, so this impact could me much greater.



Permitting such a large development directly on the coast will increase the future need for taxpayer subsidies to protect this property. We suggest that, if this project is approved, a mitigation bank be established to provide funding for coastal maintenance. Tax revenues or a separate coastal mitigation fee should be established for all new commercial development within the future inundation zones of the California coast. Alternatively, the project should be bonded to provide funds for its removal, should that become necessary in the future.

While we recognize the need for re-vitalization of the local economy, we want to ensure that the true cost of coastal development is not passed on to future generations.

A public hearing on this project is scheduled for 6 PM on March 17, at the City Council Chambers at City Hall.

ventura-luxury-hotel-proposal-on-track-for-site

MND-2278 may be downloaded from the city's website here

City Council will be approving the land swap and MND on April 20


Related issue:

http://www.venturacountystar.com/news/2009/jan/25/Nb1Promenade25/

Federal government must pay Casitas Muncipal Water District

In Casitas Municipal Water District v. United States, the Federal Circuit recently decided that the United States physically may have taken Plaintiff's water rights without just compensation by requiring the Water District to re-route water for an endangered species of trout. This decision may significantly affect the outcome of other Fifth Amendment takings cases as well as future implementation of the Endangered Species Act.

This Fifth Amendment private property rights claim in Federal Claims Court against the U.S. Government for allegedly physically taking water asserted to be the private property of Casitas Municipal Water District (Ventura River) will have broad water and private property policy implications, no matter which way it eventually is decided.

The suit was engendered as a result of the National Marine Fisheries Service (and CalTrout) interest in providing for fish passage across the Robles Diversion Structure (a dam, essentially) that blocked endangered southern steelhead migration upstream to spawning and rearing habitat. When the water district built a fish ladder to accommodate the anadromous steelhead, they also filed for compensation for the taking of water required to operate the fish ladder. Upon appeal to a 3-judge review panel from the original Claims Court decision, the panel majority ruled (2-1) that because water used to operate the fish ladder came from a canal labelled "Robles - Casitas Canal," the Federal Government has "taken" physical property belonging to the water district. A subsequent request to the Federal Claims Court for review en banc was rejected. The State of California holds that the water rights diversion permit issued to the water district does not confer title to the water, instead the permit gives the district simply the right to divert a specified volume of water annually.

VC Star article: http://www.venturacountystar.com/news/2009/feb/18/casistas-water-district-closer-to-being-for-fish/

The Federal Circuit's Decision in Casitas Municipal Water District:
https://www.fedcirbar.org/olc/pub/LVFC/events/LVFC2222951.html

Battle of Western water law vs. ESA may head to Supreme Court:

http://www.esablawg.com/esalaw/ESBlawg.nsf/d6plinks/KRII-7PG5YA

http://aquafornia.com/archives/7441

http://www.inversecondemnation.com/inversecondemnation/2009/03/federal-circuit-denies-en-banc-review-in-casitas.html

Report Assesses Impacts of Sea-Level Rise

The report, The Impacts of Sea-Level Rise on the California Coast, concludes that sea-level rise will inevitably change the character of the California coast, and that adaptation strategies must be evaluated, tested, and implemented if the risks identified in the report are to be reduced or avoided.


This image of the Ventura coast was taken from the interactive map on the Pacific Institute website. This shows the increased risk of coastal flooding with 1.4m sea level rise.

Statewide impacts include:

A 1.4 meter sea‐level rise will put 480,000 people at risk of a 100‐year flood event, given today’s population.

A wide range of critical infrastructure, such as roads, hospitals, schools, emergency facilities, wastewater treatment plants, power plants, and more will also be at increased risk of inundation in a 100‐year flood event. This infrastructure at risk includes:

• Nearly 140 schools;
• 34 police and fire stations;
• more than 330 U.S. Environmental Protection Agency (U.S. EPA)‐regulated hazardous waste facilities or sites, with large numbers in Alameda, Santa Clara, San Mateo, and Los Angeles counties;
• an estimated 3,500 miles of roads and highways and 280 miles of railways;
• 30 coastal power plants, with a combined capacity of more than 10,000 megawatts;
• 29 wastewater treatment plants, 22 on the San Francisco Bay and 7 on the Pacific coast, with a combined capacity of 530 million gallons per day; and
• the San Francisco and Oakland airports.

Approximately 1,100 miles of new or modified coastal protection structures are needed on the Pacific Coast and San Francisco By to protect against coastal flooding. The total cost of building new or upgrading existing structures is estimated at about $14 billion (in year 2000 dollars).

The study also recommends a strategy for response to sea level rise, including restricting development in future innundation zones and phased abandonment of low‐ and medium‐density areas at high risk.

See also:

California panel urges ‘immediate action’ to protect from rising sea levels; Report recommends phased abandonment of coastal areas and moving state infrastructure inland http://aquafornia.com/archives/7440

http://www.latimes.com/news/science/environment/la-me-global-warming-searise12-2009mar12,0,2405277.story

Kids iNspire

Last year a local kid was successful in enhancing awareness about climate change and sea level rise.




Alec also became the youngest person certified to present Al Gore's "Inconvenient Truth." He continues spreading his message and empowering folks all around the country.






local press: ventura-teen-delivers-global-warming-message

http://kids-vs-global-warming.com

SOS: California's Native Fish Crisis

Report Shows California Fish in Crisis Trends indicate 65% of native salmon, steelhead, and trout species may be extinct within 100 years

CalTrout released the first-ever comprehensive report chronicling the status of each of California’s native fish species (salmon, steelhead, and trout). SOS: California’s Native Fish Crisis was written and researched by Dr. Peter Moyle, UC Davis professor and renowned expert on California’s water systems and the fish that inhabit them.

The report’s findings indicate that the state’s native salmonids are in unprecedented decline and are teetering towards the brink of extinction – an alarm bell that signals the deteriorating health of the state’s rivers and streams that provide drinking water to millions of Californians.

All indications show that California’s native fish are in crisis:

• If present trends continue, 65% of native salmon, steelhead, and trout species will be extinct within 100 years.

• Sixty-five percent of the species headed towards extinction are found only in California.

• Of the state’s 22 anadromous fish species (which spawn in freshwater and live most of their adult lives in the ocean), 59% are in danger of extinction.

• Of the state’s nine living native inland fish, 78% are in danger of extinction.

“The fish don’t lie,” said report author Peter Moyle, PhD. “The story they tell is that California’s environment is unraveling. Their demise is symptomatic of a much larger water crisis that, unless addressed, will severely impact every Californian.”







On Southern Steelhead:

Conservation Recommendations: Conservation
of southern steelhead will require the immediate protection
and expansion of their habitat and the reestablishment of
runs that were historically highly productive, including the
Santa Maria, Santa Ynez, Ventura and Santa Clara Rivers.
Changes in water management to ensure adequate flows and
passage to spawning and rearing areas are critically needed.

Ongoing research and restoration efforts have shown that when flows are reinstated, migration barriers removed, and cool, clean, abundant water provided, our native fish show signs of recovery.

Download the complete report here: http://www.caltrout.org/article.asp?id=359&bc=1

What is EBM?

Ojai Meadows Preserve

For the past several years, a collabarative effort led by the Ojai Valley Land Conservancy has been slowly restoring a historic wetland in the heart of the Ojai Valley. Many of you have seen and perhaps participated in the activities on the Ojai Meadows Preserve. Earthmoving & construction were completed in April 2008 and major planting efforts will continue for several years. Ecological benefits include increased wildlife habitat, improved water & habitat quality, and increased aesthetic beauty. This little publicized effort is making a real difference in our watershed.

Restoration efforts have so far:

• Alleviated HWY 33 flooding by transforming Maricopa Drain from a straight, undersized man-made ditch into “Maricopa Creek,” a wider/deeper natural meandering stream with gently-sloped streambanks conducive to riparian vegetation establishment. Widening and meandering the stream required the removal of up to 90 eucalyptus trees.
• Re-created freshwater marsh/wetland/riparian habitat to recapture likely historic conditions
• Created 2 vernal pools
• Created an additional meandering (Taormina) streamcourse, lined with 50 sycamores, 50 black cottonwoods, and native understory.
• Allowed braided streams to naturally re-occur (from Nordhoff campus storm flow)
• Significantly decreased the non-native plant cover and increased the percent-cover of native riparian, wetland, oak woodland, savannah grassland, and sage scrub habitats, the bulk of which are now protected within a newly-erected wooden post & rail fence. Approximately one-third of the preserve is undergoing varying levels of restoration.
• The overall “Ojai Meadows Preserve Habitat Restoration & Flood Control Plan,” prepared by Condor Environmental Planning Services, Inc., is being managed and implemented by OVLC staff, Coastal (ecological) Restoration Consultants, public and private schools, and volunteers of all ages.

Over $5 million has been spent to date. Partners in this project include:

• State Department of Water Resources
• Nordhoff High School
• State Water Board
• Army Corps of Engineers Mitigation Program
• Oak Grove School “Once Upon a Wetland”
• Taormina Community Tree Fund
• Southern California Wetland Recovery Project
• Kaddis Oak Tree Fund
• Patagonia

Future restoration plans include more of all-the-above on more acreage, focusing more on the County portion of the preserve. Contact OVLC for more information: 805-649-6852