January 17, 2013 Commission Meeting Notice

January 17, 2013
1:00 pm
MetroCenter Auditorium
101 Eighth Street, Oakland
510.817.5700

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 December 6, 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 the California Department of Fish and Wildlife, 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 2.4MB]
    The Commission will hold a public hearing on an application for a material amendment to an existing permit submitted by the California Department of Fish and Wildlife (CDFW), to enhance management capabilities in five former salt ponds, located in CDFW'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 U.S. Army Corps of Engineers and the Department of Fish and Wildlife. 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 two miles of improved public access trails.
    (Michelle Burt Levenson) [415/352-3618 michellel@bcdc.ca.gov]
  9. Public Hearing 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 2.4MB]
    The Commission will hold a public hearing on a Federal Consistency Determination from the Army Corps of Engineers to enhance management capabilities in five former salt ponds, located in CDFW'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 U.S. Army Corps of Engineers and the CDFW. 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 two miles of improved public access trails.
    (Michelle Burt Levenson) [415/352-3618 michellel@bcdc.ca.gov]
  10. Commission Vote on Solano County's Amendment to the County's Component of the Suisun Marsh Local Protection Program
    The Commission will vote on the certification of the 2012 amendment to Solano County's component to the Suisun Marsh Local Protection Program. The amendment includes general plan policies, zoning code text amendments; land use regulations; grading, drainage, land leveling and erosion controls; 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; and amending the zoning maps related to the water-related industrial reserve area in the secondary management area.
    (Page Perry) [415/352-3641 pagep@bcdc.ca.gov)
  11. Briefing on Strategic Plan Regarding Goals and Objectives Development
    Executive Director Larry Goldzband will provide the Commission with a short briefing on the development of the Commission's new Strategic Plan, which will be the subject of a Public Workshop on January 23, 2013.
    (Larry Goldzband) [415/352-3653 lgoldzband@bcdc.ca.gov]
  12. Possible Closed Session to Discuss Pending Litigation
    The Commission may hold a closed session to discuss SPRAWLDEF v. SF BCDC involving a legal challenge to the Commission's issuance of Permit No. 3-10(M) on October 21, 2010, approving the expansion of the Potrero Hills Landfill in the secondary management area of the Suisun Marsh in Solano County. The Commission is authorized to discuss pending litigation in a closed session pursuant to Government Code Section 11126(e)(1).
    (John Bowers) [415/352-3610 johnb@bcdc.ca.gov]
  13. Possible Consideration and Vote to Vacate Permit No. 3-10(M) for the Expansion of the Potrero Hills Landfill Pursuant to SPRAWLDEF v. SF BCDC [ pdf 401KB]
    The Commission may consider and vote to vacate and set aside its approval of Permit No. 3-10(M) for the expansion of the Potrero Hills Landfill in the secondary management area of the Suisun Marsh in Solano County to comply with a ruling by the Solano County Superior Court in SPRAWLDEF v. SF BCDC on November 29, 2012 ordering the preparation of a writ of mandate to direct BCDC to vacate its approval of the project. This item may be postponed if the ruling is appealed and the writ of mandate is stayed.
    (John Bowers) [415/352-3610 johnb@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.