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October 21, 2010 Commission Meeting Notice

October 21, 2010
1:00 P.M.
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 strongly 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 October 7, 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 [ adobe 158KB] Exhibits [ adobe 4.9MB]Tables [ adobe 198KB]
    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 Amendment No. One to BCDC Permit No. 3-07, for the San Francisco Marina’s West Basin Renovation Project, San Francisco County
    The Commission will hold a public hearing on an application from the San Francisco Recreation and Parks Department to amend Permit No. 3-07 to authorize the renovation of the West Basin of the San Francisco Marina in the City and County of San Francisco. The proposed project includes constructing two new breakwaters, removing portions of the West Mole and Scott Street Mole, replacing, and reconfiguring all boat docks and floats to improve navigation and increase the number of berths, upgrading dock utilities, placing riprap to repair existing sea walls, and renovating the Harbormaster’s Office and the vacant Degaussing Station building. The project would create a new public access seating area and pedestrian/bicycle corridor on the West mole while keeping a small number of parking and unloading spaces for tenants, install new public access improvements on the Scott Street Mole, construct two public access seating areas and other public access improvements along Marina Boulevard, install a guest dock and handboat launch (located behind a locked gate and regulated by the marina staff), and install new benches and directional and interpretive signage throughout the project site. (Max Delaney) [415/352-3668 maxd@bcdc.ca.gov]
  11. 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 continue its October 7, 2010 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. The public hearing was opened on October 7, 2010. (Joseph LaClair) [415/352-3656 joel@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. Commission Briefing on the San Francisco Bay Subtidal Habitat Goals Project and Eelgrass Restoration in San Francisco Bay
    Dr. Kathy Boyer of the Romberg Tiburon Center, San Francisco State University, will brief the Commission on the Subtidal Habitat Goals Project, and the status of eelgrass, its ecological benefits, and its restoration in the Bay. The objective of the Goals Project, which is a collaborative inter-agency effort between the Commission, the California Ocean Protection Council/State Coastal Conservancy, National Oceanic and Atmospheric Administration, and the San Francisco Estuary Partnership, is to establish a comprehensive, long-term vision for research, restoration and management of the subtidal habitats in the Bay. (Brenda Goeden) [415/352-3623 brendag@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.

Internet Access to Commission Meeting Material. Public notices of Commission meetings and staff reports dealing with most matters on the meeting agendas can be found on BCDC's website by selecting the date of the meeting after logging onto www.bcdc.ca.gov.

Questions and Staff Reports. If you have any questions concerning an item on the agenda or would like to receive notice of future hearings, or staff reports related to the item, please contact the staff member whose name, email address 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.