October 7, 2010 Commission Meeting Notice

October 7, 2010
1:00 P.M.
Port of San Francisco Board Room
Ferry Building
Second Floor
San Francisco, CA 94111

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 travis@bcdc.ca.gov]
  4. Approval of Minutes of September 2, 2010 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
    (Bob Batha) [415/352-3612 bobb@bcdc.ca.gov]
  8. Vote on Appeal No. 1-05; Potrero Hills Landfill, Inc., Modifications to Marsh Development Permit No. MD-88-09 for Phase II Expansion Project
    The Commission will vote on Appeal No. 1-05 of Solano County’s revisions to Marsh Development Permit No. MD-88-09 for Potrero Hills Landfill, Inc.’s Phase II landfill expansion project, located within the secondary management area of the Suisun Marsh. The County approved expanding the 320-acre landfill an additional 167 acres to the east, and increasing the 220-foot height of the landfill 125 feet to a maximum 345 feet. The project also involves the construction of several new ancillary structures, including a new truck/container washing facility, a landfill gas-to-energy power plant, a visitor center, new power lines and changes to existing electrical transmission lines, a water pipeline and storage tanks, new sedimentation basins, changes to existing roadways, and various operational changes including changes to the processing of wastes, including operation hours, night-lighting, and bird abatement activities. Public access and mitigation are proposed. In December 2005, the Commission found that Appeal No. 1-05 raised a substantial issue regarding the project’s consistency with the Suisun Marsh Preservation Act, the Suisun Marsh Protection Plan, and the Solano County component of the Suisun Marsh Local Protection Program. A public hearing on the proposed project was held on June 17, 2010.
    (Ming Yeung) [415/352-3616 mingy@bcdc.ca.gov]
  9. Closed Session to Discuss Possible Litigation
    The Commission may hold a closed session to discuss possible litigation concerning the Commission’s review of Appeal No. 1-05 within the secondary management area of the Suisun Marsh. The Commission is authorized to discuss pending litigation in a closed session pursuant to Government Code Section 11126(e)(2)(B).
    (Tim Eichenberg) [415/352-3655 time@bcdc.ca.gov]
  10. Public Hearing on Bay Plan Amendment No. 1-08 Which Would Revise Various Sections
    of the San Francisco Bay Plan to Address Climate Change and Add a new Climate Change Section to the Plan

    The Commission will hold its fourth public hearing on Bay Plan Amendment No. 1-08 concerning amendment of various sections of the Bay Plan to address climate change and add a new Climate Change section to the Bay Plan. The proposed findings and policies in staff’s third revised preliminary recommendation include changes to the tidal marsh and tidal flats, safety of fills, shoreline protection, and public access policy sections, and a new climate change section, are based on the draft staff report, Living With a Rising Bay, which was mailed to the Commission On April 7, 2010. The revised preliminary recommendation reflects feedback from the Commission and the public at the November 5, 2009 public hearing, the December 3, 2009 public workshop and subsequent consultations with the public. The third revised preliminary recommendation was released on September 3, 2010, and is available on the Commission’s website. Commissioners should bring their copies to the meeting.
    (Joseph LaClair) [415/352-3656 joel@bcdc.ca.gov]
  11. Public Hearing and Vote on Proposed Coastal Management Program Assessment and Strategy [ 556KB]
    The Commission will hold a public hearing and possibly vote on a proposed assessment of BCDC’s coastal management program and a strategy of priority program enhancements. When Congress re-authorized the Coastal Zone Management Act (CZMA) in 1990, it included in Section 309 a voluntary coastal zone enhancement grant program that provides funds to improve 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 current Assessment and Strategy, which was approved by the Commission in 2006, to identify areas where the program could be improved. The staff will present a proposed assessment of the Commission’s program and a recommendation on priority program enhancements corresponding to the nine coastal issue topics identified by Congress as being of national importance.
    (Wendy Goodfriend) [415/352-3646 wendyg@bcdc.ca.gov]
  12. Briefing on Economic Impact of America’s Cup
    Dr. Jon Haveman of Beacon Economics will brief the Commission on the results of the assessment his firm and the Bay Area Council Economic Institute undertook for the City of San Francisco on the economic impacts of holding the next America’s Cup regatta in San Francisco Bay.
    (Will Travis) [415/557-8775 travis@bcdc.ca.gov]
  13. Consideration of Strategic Plan Status Report [ 227KB]
    The Commission will consider a status report on the progress being made in meet­ing the objectives contained in the strategic plan adopted on May 20, 2010. 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]
  14. New Business
  15. Old Business
  16. 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.