December 6, 2012 Commission Meeting Notice

December 6, 2012
1:00 pm
Port of San Francisco Board Room
Ferry Building, Second Floor
San Francisco, CA 94111
415.983.8008

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.
    (Steve Goldbeck) [415/352-3611 steveg@bcdc.ca.gov]
  4. Approval of Minutes of November 15, 2012 Meeting
    (Sharon Louie) [415/352-3638 sharonl@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. Public Hearing on Solano County’s Amendment to the County’s Component of the Suisun Marsh Local Protection Program [ pdf 221KB]
    The Commission will hold a public hearing on certification of the 2012 amendments to Solano County’s component to the Suisun Marsh Local Protection Program. The amendment addresses the adoption of the 2008 General Plan update, adoption of Zoning Code text amendments addressing Definitions, Limited Agriculture District, Residential Traditional Community District, Commercial Recreation District, Water Dependent Industrial District, and Land Use Regulations; amending Chapter 31 addressing grading, drainage, land leveling and erosion control; replacing Chapter 6.4 of the County Code regulating sewage disposal systems with revisions to County policy regulating sewage disposal systems within the Suisun Marsh; amending the Zoning maps related to the Water-Related Industrial Reserve Area in the secondary management area consistent with the 2008 General Plan; and adopting the County LPP policy for commercial and wind energy development in the Suisun Marsh as Policy SM-P 35 of Chapter 12 of the General Plan.
    (Page Perry) [415/352-3641 pagep@bcdc.ca.gov]
  9. Public Hearing and Possible Vote on the California Department of Fish and Game, Material Amendment No. Three to BCDC Permit No. 2004.008, for Phase III of the Napa-Sonoma Marshes Restoration Project (Enhancing Management Capabilities at Ponds 6, 6A, 7, 7A and 8), in the Napa River and Huichica Units of the Napa Sonoma Marshes Wildlife Area (NSMWA) [ pdf 3.2MB] Staff Recommendation [ pdf 582KB] [POSTPONED]
    The Commission will hold a public hearing and possibly vote on an application for a material amendment to an existing permit submitted by the California Department of Fish and Game (CDFG), to enhance management capabilities in five former salt ponds, located in CDFG’s Napa Sonoma Marshes Wildlife Area, west and adjacent to the Napa River, in an unincorporated area of Napa County. One of the ponds has been used for bittern storage and one goal of the project is to dilute the bittern and have controlled releases of the diluted bittern into the Napa River. The project is a joint effort by the Corps of Engineers and the State Department of Fish and Game. The project would involve excavating material from the bottom of the ponds and using the material to strengthen and raise existing levees, replacing and upgrading water control structures, diluting bittern concentrations in one of the ponds (Pond 7) and improving existing informal public access to three of the ponds. Implementation of the project would result in improved and more efficient management of 1,900 acres of managed pond habitat that provide habitat for waterfowl, shorebirds and several special-status species. In addition, the project would provide a total of 2 miles of improved public access trails.
    (Michelle Burt Levenson) [415/352-3618 michellel@bcdc.ca.gov]
  10. Public Hearing and Possible Vote on the U.S. Army Corps of Engineers’ Consistency Determination No. C2011.002 for Phase III of the Napa-Sonoma Marshes Restoration Project (Enhancing Management Capabilities at Ponds 6, 6A, 7, 7A and 8), in the Napa River and Huichica Units of the Napa Sonoma Marshes Wildlife Area (NSMWA) [ pdf 3.2MB] Staff Recommendation [ pdf 336KB] [POSTPONED]
    The Commission will hold a public hearing and possibly vote on a Federal Consistency Determination from the Army Corps of Engineers to enhance management capabilities in five former salt ponds, located in CDFG’s Napa Sonoma Marshes Wildlife Area, west and adjacent to the Napa River, in an unincorporated area of Napa County. One of the ponds has been used for bittern storage and one goal of the project is to dilute the bittern and have controlled releases of the diluted bittern into the Napa River. The project is a joint effort by the Corps of Engineers and the State Department of Fish and Game. The project would involve excavating material from the bottom of the ponds and using the material to strengthen and raise existing levees, replacing and upgrading water control structures, diluting bittern concentrations in one of the ponds (Pond 7) and improving existing informal public access to three of the ponds. Implementation of the project would result in improved and more efficient management of 1,900 acres of managed pond habitat that provide habitat for waterfowl, shorebirds and several special-status species. In addition, the project would provide a total of 2 miles of improved public access trails.
    (Michelle Burt Levenson) [415/352-3618 michellel@bcdc.ca.gov]
  11. Briefing on the Santa Clara County Waterfront and Related Issues
    The Commission will receive a briefing from Commissioner Dave Cortese, Santa Clara County Supervisor, describing various activities and projects on the waterfront of Santa Clara County, and the respective roles of local governments and the Commission.  Commissioner Cortese will be assisted by local planning staff.
    (Larry Goldzband) [415/352-3653  lgoldzband@bcdc.ca.gov] [POSTPONED]
  12. New Business
  13. Old Business
  14. 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.