Newport won’t assume coastal authority yet

Deirdre Newman

City officials and environmentalists do not expect the city to

take over the California Coastal Commission’s duties now that it has

been stripped of the majority of its power.

On Monday, a state court of appeals deemed the commission’s

structure unconstitutional since the majority of its voting members

are appointed by the legislature and can be fired at will.

The commission’s executive and judicial powers were removed,

preventing it from issuing permits for coastal development.

While that effectively leaves local governments with the

permit-granting authority, Newport Beach officials say they don’t see

the city getting involved in the process in the near future.

“I don’t think that we think that the issue is over,” City Manager

Homer Bludau said. “I think the Coastal Commission folks intend to

appeal [the decision] to the state Supreme Court and, even if they

aren’t successful there, there’s always the opportunity for the

[state] Legislature to make some changes to remedy the legal issue.

We’ll take a wait and see attitude.”

The commission was made permanent by the state Legislature through

adoption of the California Coastal Act of 1976 after voters approved

the agency through an initiative four years earlier.

Monday’s ruling upholds a lower court’s decision that the

commission’s structure violates the separation of powers clause in

the state Constitution.

The appeals court decision is the culmination of five-year legal

fight launched by Newport Beach environmentalist Rodolphe

Streichenberger.

Streichenberger’s Marine Forests Society became embroiled with the

commission when the agency refused to issue a permit for his

experiments with old tires to create more fishing grounds off Newport

Beach.

Garry Brown, director of Orange County Coastkeeper, said he also

believes that the legislature will move quickly to make changes to

the commission in response to the ruling. If it makes any changes to

dilute the commission’s power, voters throughout the state will be up

in arms, Brown said.

“If it goes the other way, and there is a chance to diffuse the

power of the commission, I think there would be a whole initiative to

cover up the loopholes,” Brown said. “Coastal protection is not going

to go away, and I don’t think the people want it to go away.”

Newport Beach is developing a coastal plan, which is due in to the

commission in July. Bludau said the city will invite a lot of public

participation on the plan in the next few months.

Newport Beach resident Judy Rosener, who was an original member of

the commission, said that if local jurisdictions are given the

authority to issue permits, she doesn’t have a lot of faith in

Newport Beach to make the best decisions for the coast.

“I’ve lived in Newport beach for 42 years and I’ve traveled all

over the world and the country, and I find Newport Beach to be the

least sensitive to what a beautiful city we could be,” Rosener said.

“It’s so bad now, I don’t know what’s left to save.”

Rosener emphasized that it’s the commission that has protected the

integrity of the coastline in most of Orange County.

“I think what people need to remember is the reason they can see

the water from Corona del Mar to Laguna Beach is the coastal

commission,” Rosener said. “You go up and down the coast, and they

forget that.”

* DEIRDRE NEWMAN covers education. She may be reached at (949)

574-4221 or by e-mail at [email protected].