February 16, 2006 Commission Meeting Notice

1:00 p.m.
February 16, 2006
MetroCenter Auditorium
101 Eighth Street, Oakland
(510) 464-7700
[ map ]

Tentative Agenda

1. Call to Order

2. Roll Call

3. Public Comment Period (Each speaker is limited to three minutes)
A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of signup, and each speaker is generally limited to a maximum of three minutes. It is ly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15 minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation unless the matter is scheduled for action by the Commission later in the meeting.
(Will Travis) [415/352-3653 travis@bcdc.ca.gov]

4. Approval of Minutes of December 15, 2005 Meeting
(Mamie Lai) [415/352-3639 mamiel@bcdc.ca.gov]

5. Report of the Chair

6. Report of the Executive Director

7. Commission Consideration of Administrative Matters
(Steve McAdam) [415/352-3614 stevem@bcdc.ca.gov]

8. Public Hearing and Vote on Measures to Address Concerns Raised by the Bay Planning Coalition
The Commission will hold a public hearing and may vote to undertake a number measures, which have been recommended by a group of stakeholders, including representatives of industry, the environmental community, the staff and ports, to address a series of concerns raised by the Bay Planning Coalition about the Commission's Bay management program.
(Will Travis) [415/352-3653 travis@bcdc.ca.gov]

9. Public Hearing and Possible Vote on Proposed Coastal Management Program Assessment and Strategy
The Commission will hold a public hearing on a proposed assessment of BCDC's coastal management program and strategy of priority program enhancements. When Congress re-authorized the Coastal Zone Management Act (CZMA) in 1990, it included a voluntary coastal zone enhancement grant program under Section 309 of the CZMA, to fund the improvement of states' federally-approved coastal zone management programs. To continue to be eligible to apply for supplemental funding under Section 309, the Commission is required to update its previous assessment, approved by the Commission in 2001, to determine areas where the program could be improved. The staff will present a proposed assessment of the Commission's program and recommendation on priority program enhancements corresponding to the nine coastal issue topics identified by Congress as being of national importance.
(Leslie Lacko) [415/352-3646 lesliel@bcdc.ca.gov]

10. Public Hearing and Vote on Whether to Initiate a Possible Amendment to the San Francisco Bay Plan and the San Francisco Bay Area Seaport Plan to Delete a Portion of the Oakland Port Priority Use Area East of Interstate 880 in Oakland and to Approve a Memorandum of Agreement to Secure Payment of the Commission's Cost of Processing the Proposed Amendment
The Commission will hold a public hearing and may vote on: (1) an application from BUILD West Oakland, LLC and Central Station Land, LLC to delete the port priority use area designation from the San Francisco Bay Plan (Bay Plan) and the San Francisco Bay Area Seaport Plan (Seaport Plan) maps that apply to property owned by the applicants in Oakland east of Interstate 880 in the vicinity of West Grand Avenue; and (2) a Memorandum of Agreement (MOA) between the Commission and BUILD West Oakland, LLC and Central Station Land, LCC for paying the Commission's cost of processing and acting on the proposed amendment. The property, bounded by West Grand Avenue on the north, Wood Street on the east, 17th Street extended to Interstate 880 on the south and Interstate 880 on the west, is included in an approximately 22-acre area designated in 2001 by the Commission as a port priority use for trucking and port ancillary uses to serve the Port of Oakland. In 2001, as part of an amendment of the Bay Plan and the Seaport Plan which established the area of the former Oakland Army Base that should be retained in port priority use, the Commission concluded that 30 acres, in addition to the acreage that was needed for Port marine terminals and the Joint Intermodal Terminal, should be reserved for trucking-related ancillary uses to serve the Port. Fifteen acres on the former Army Base and were designated for port priority use as were 22 acres immediately east of and beneath Interstate 880 which included the applicants' property. The proposed port priority use area deletion would leave approximately 17 acres of the 22-acre site as port priority use area for trucking and port ancillary uses.
(Jeffry Blanchfield) [415/352-3654 jeffb@bcdc.ca.gov]

11. Consideration of Strategic Plan Status Report
The Commission will consider a status report on the progress being made in meeting the objectives contained in the strategic plan adopted on October 20, 2005. The Commission will also determine whether any revisions in the plan are necessary and whether to take further action to achieve the plan's goals and objectives.
(Will Travis) [415/352-3653 travis@bcdc.ca.gov]

12. Public Hearing and Vote on a Memorandum of Agreement between the Commission and Potrero Hills Landfill, Inc., Regarding Proposed Mitigation Plans for the Potrero Hills Landfill Expansion Project
The Commission will hold a public hearing and may vote on a Memorandum of Agreement (MOA) between the Commission and Potrero Hills Landfill, Inc., which would establish a panel of scientists to advise the Commission on potential adverse impacts due to a proposed landfill expansion and evaluate proposed mitigation measures. In 2005, the Solano County Board of Supervisors issued a marsh development permit to the applicant to expand its operations in the Potrero Hills, within the secondary management area of the Suisun Marsh. The Commission received several appeals of the County marsh development permit and on December 1, 2005, decided the appeals raised a substantial issue of the conformity of the proposed project with the Suisun Marsh Preservation Act of 1977, the Suisun Marsh Protection Plan and Solano County's local protection program. Therefore, the Commission will consider the project de novo. The review panel's evaluation would assist the Commission in determining whether the applicant's proposed mitigation will adequately offset all potentially significant adverse impacts caused by the project. Under the proposed MOA, the applicant would pay for the panel members' participation and the Commission would control the panel's work product.
(Jonathan Smith) [415/352-3655 jonathans@bcdc.ca.gov]

13. New Business

14. Old Business

15. Adjournment


Speaker Sign-Up and Time Limits If you would like to comment on an item scheduled for a public hearing or speak during the public comment period, please fill out a "Request to Speak" form and give it to a staff member. Each speaker is limited to a maximum of three minutes during the public comment period, and the Chair may set time limits for each speaker at the beginning of a public hearing. You are encouraged to submit written comments of any length and detailed information to the staff. This material will be distributed to the Commission members. Applicants are responsible for presenting their projects at the public hearing.

Questions and Staff Reports If you have any questions concerning an item on the agenda or would like to receive a staff report related to the item, please contact the staff member whose name and direct phone number are indicated in parenthesis at the end of the agenda item.

Campaign Contributions State law requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution from an interested party. If you intend to speak on any hearing item, please indicate on the "Request to Speak" form or in your testimony if you have made campaign contributions in excess of $250 to any Commissioner within the last year, and if so, to which Commissioner(s) you have contributed. Other legal requirements govern contributions by applicants and other interested parties and establish criteria for Commissioner conflicts of interest. Please consult with the staff counsel if you have any questions about the rules that pertain to campaign contributions or conflicts of interest.

Access to Meetings Meeting facilities are accessible to persons with disabilities. If you require special assistance, please contact any staff member prior to the meeting. An interpreter for the deaf will also be made available upon request to the staff at least five days prior to the meeting.

Bagley-Keene Open Meeting Act As a state agency, the Commission is governed by the Bagley-Keene Open Meeting Act which requires the Commission to (1) publish an agenda at least ten days in advance of any meeting; (2) describe specifically in that agenda the items to be transacted or discussed; and (3) refuse to add an item subsequent to the published agenda. In addition to these general requirements the Bagley-Keene Act includes other specific provisions about how meetings are to be announced and conducted.