May 17, 2007 Commission Meeting Notice

1:00 P.M.
May 17, 2007
MetroCenter Auditorium
101 Eighth Street, Oakland

[ 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 sign-up, 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]

  4. Approval of Minutes of April 19, 2007 Meeting
    (Mamie Lai) [415/352-3639]

  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Steve McAdam) [415/352-3614]

  8. Public Hearing and Vote to Initiate Possible Amendments of the San Francisco Bay Plan Managed Wetland Findings, Policies and Map Designations, and of the Suisun Marsh Protection Plan Findings and Policies Regarding Managed Wetlands
    As part of the Commission’s program to update its findings and policies regarding wetlands, the Commission will hold a public hearing and may vote to initiate the process of reviewing and possibly amending the San Francisco Bay Plan findings, policies and map designations pertaining to managed wetlands, as well as the Suisun Marsh Protection Plan findings and policies pertaining to managed wetlands. If the Commission votes to initiate the amendment process, a public hearing will be scheduled on the proposed changes, and interested parties will be notified of the hearing and provided with the specific proposed changes at least 30 days prior to the hearing.
    (Caitlin Sweeney) [415/352-3643]
  9. Public Hearing and Vote on Proposed Changes To BCDC’s Management Program For the San Francisco Bay Segment of the California Coastal Zone
    The Commission will hold a public hearing and vote on proposed changes to the Commission’s management program for the San Francisco Bay segment of the California coastal zone. The changes would: (1) delete the word “directly” at various locations to make the program consistent with revisions to Section 307(c) of the federal Coastal Zone Management Act; (2) incorporate references to Commission regionwide permits and abbreviated regionwide permits; (3) add Federal Aviation Administration (FAA) final approvals of airport layout plans that involve the placement of fill into San Francisco Bay to the list of federal license and permit activity that automatically requires consistency review; (4) change the name of the Federal Power Commission to the Federal Energy Regulatory Commission; (5) revise language dealing with consistency review of unlisted activities to make the language consistent with revised federal regulations; (6) add references to specific statutory provisions in the list of federal permits and licenses that will always require federal consistency review by BCDC; and (7) make other non-substantive changes.
    (Jonathan Smith (415) 352-3655

  10. Briefing on Climate Change Actions by Other State Agencies
    Andrew Altevogt, Climate Change Advisor in the Office of the Secretary for the California Environmental Protection Agency, will brief the Commission on the climate change work being undertaken by other state agencies, including the Climate Action Team, the California Energy Commission, the California Environmental Protection Agency, the Attorney General’s Office, and the other state coastal management agencies.
    (Chris Potter) [916/654-0563]

  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 5, 2006. 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]

  12. Closed Session to Discuss Pending Litigation
    The Commission may hold a closed session to discuss potential litigation regarding Stipulated Cease and Desist and Civil Penalty Order No. CCD 1-06 issued to KMC, Inc., and Thomas J. Moseley. The Commission is authorized to discuss pending or potential litigation in a closed session pursuant to Government Code Section 11126(e)(2)(C).
    (Ellen Sampson) [415/352-3610;]

  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.