BOARD OF DIRECTORS MEETING Wednesday, June 24, 2009

2:00 – 4:00 PM Port of Oakland, Oakland, CA

Agenda

*** Action Item 2:00 P.M. – 2:05 P.M.

I. Welcome and Introductions – Mike Giari, President a. Approval of April 1, 2008 meeting minutes*** b. Introduction and welcome new Board member Mike Luken, Manager, Port of

West Sacramento*** c. Recognition of John Briscoe pro bono letter in CNPS v. City of Rancho

Cordova; Opposition to Petition/Depublication d. Oct. 18-20 Strategic Planning Retreat Facilitator***

2:05 P.M. – 2:30 P.M. II. Secretary-Treasurer’s Report – Phil Lebednik

a. Jan. 1- May 31, 2009 Financials*** b. Membership

2:30 P.M. – 3:30 P.M. III. Work Program - Johnck

a. 22nd Annual Decisionmakers Conference Recap- (10 min) b. 2009 Work Program (50 min)

i. Work Program Revisions*** ii. Governor’s May Revise re BCDC Structure*** iii. BCDC’s Climate Change Bay Plan Amendments*** iv Federal dredging stimulus program; FY 2010 Energy and Water

appropriations*** v. Green Sturgeon 4(d) Rule*** vi. Longfin smelt new threatened species*** vii. Joint Policy Committee (JPC); Climate Change and Sustainable Communities Plan – Paul Campos

3:30 P.M. – 3:55 P.M. IV. 2008-09 Strategic Plan Progress Report (25 min)***

a. Waterfront Planning Leadership Initiative - Johnck, David Duey b. Other Strategic Plan goals, objectives

3:55 P.M. – 4:00 P.M. V. Other business

4:00 P.M. VI. Adjourn

Motions Proposed by the Executive Director and Treasurer for Adoption

at the June 24, 2009 meeting of the Board of Directors of the Bay Planning Coalition

Motion #1 (Item I a) To approve the April 1, 2009 Board of Directors minutes.

Motion #2 (Item I c) To affirm the nomination of Mike Luken, Manager, Port of West Sacramento, by the Executive Committee to become a member of the Board of Directors and welcome Mike Luken to the Board.

Motion #3 (Item I d) To approve the recommendation of the Executive Committee to hire Kathy Thibodeaux as the October 18-20, 2009 Strategic Plan Retreat facilitator.

Motion #4 (Item II a) To approve the mid-year budget adjustments as recommended by the Executive Director and Treasurer.

Motion #5 (Item III b i.) To approve the revisions to the 2009 Work Program

Motion #6 (Item III b ii.) To affirm BPC’s position opposing the elimination of BCDC as proposed in the Governor’s May Budget Revise; to approve BPC becoming proactively engaged with an analysis of BCDC functions and alternative sources of funding other than the state general fund and revised organization as a regional entity as recommended by Will Travis.

Motion #7 (Item III b. iii) To approve BPC position on BCDC’s Climate Change Bay Plan amendments that BCDC does not have the legal authority to approve Bay Plan amendments on the subject of Climate Change and

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Sea Level Rise. In addition BPC urges BCDC to continue discussions with local, state and federal agencies and property owners to identify ways collectively to address sea level rise and to NOT approve amendments at this time.

Motion 8 (Item III b.iv) To approve FY 2010 Energy and Water appropriations as recommended by the Executive Director.

Motion 9 (Item III b.v) To approve the submittal of comments due July 20 on the ESA 4(d) Rule; e.g. that a one-time programmatic consultation be accomplished with the adoption of a general permit for all dredging and disposal; that most shoreline-related construction activities to should receive a waiver from consultation as they are already regulated by the NPDES stormwater program.

Motion 10 (Item III.b. vi) To approve a request to the Ca. Dept of Fish and Game and the LTMS Management agencies that a programmatic general permit for dredging and disposal be established for the longfin smelt.

Motion 11 (Item IV) To accept the Strategic Plan Report.

Bay Planning Coalition

Meeting Minutes

Board of Directors

Noticed Date: 2/25/09 email from bpcstaff

Meeting Date: April 1, 2009

Venue: Port of Oakland

Presiding: Mike Giari

Start Time: 2:07 pm

Officers Present: Mike Giari, President; Rick Rhoads, Vice President; Phil Lebednik, Secretary/Treasurer; Ellen Johnck, Executive Director

Roll Call: See attached sign-in sheet (Bill Hansen of GL Dredge and Dock on phone line).

Call to Order

Mike Giari called the meeting to order, welcomed the attendees and initiated a round of introductions.

Ellen indicated that Phil had drafted a list of proposed motions which was provided to the attendees. This is a new procedure that should assist the Board in its actions regarding proposed motions. Phil commented that this new procedure is intended to be a helpful tool and not intended in any way to be prescriptive: the Board retains its prerogative to accept, modify, table, or reject any proposal and to introduce any proposals from the floor.

Fall Retreat

Ellen discussed plans for the Fall Retreat to be held on October 18-20 at the La Playa Hotel in Carmel. Attendees should make hotel reservations soon to reserve their spot and get group rates.

ASACW Candidacy

Ellen updated the Board on her ASACW candidacy. Unfortunately, someone else has been nominated for the position. Notwithstanding that nomination, the Board discussed Motion #1 and decided to proceed.

Motion #1: To adopt the resolution of March 4, 2009 by the Executive Committee regarding Ellen Johnck’s candidacy for Assistant Secretary of the Army for Civil Works (to wit: making it a resolution of the Board of Directors of BPC).

Move: Dave Jefferson

Second: Paul Shepherd

Debate: none

Question: NA

Vote: unanimous voice

Result: The motion was adopted by the Board.

Secretary-Treasurer’s Report

Phil Lebednik and Ellen discussed the financial reports and 2008 year-end closing results.

In 2008, revenues were about one-third higher than in 2007; however, expenses also were higher and there was an approximate $32,000 net loss for the year.

In 2009, dues revenues have been robust and should meet expectations. Income from the DMC is less certain and we are unlikely to meet the initial income target. Ellen has implemented some cost-cutting measures, including not having a reception at the DMC. There are some “trailing” expenses related to special projects that will need to be addressed in the 2009 financial picture.

Phil indicated that he has begun work with Ellen and the accountants on budgeting and a few account items, with the goal of having a clearer understanding of the Coalition’s financial status through the year and also enabling easier financial management. He indicated that he will bring a report of the progress on these issues before the Board at its next meeting in June.

Phil recommended that no new commitments on special projects should be entered into by the Coalition without firm commitment(s) for full funding.

Mike and Phil discussed the Financial Management Plan drafted by Phil to implement the actions discussed above.

Motion #2: To approve the Financial Management Plan submitted by the Treasurer.

Move: Phil Lebednik

Second: John Briscoe

Debate: none

Question: NA

Vote: unanimous voice

Result: The motion was adopted by the Board.

22nd Annual Decisionmakers Conference April 22, 2009 “ Sustainability Strategies for a Changing Bay”

Ellen discussed the program for the conference. Debate ensued. Ellen asked that the Board approve the program.

Motion #3: To approve the program for the Decisionmakers Conference as presented by the Executive Director

Move: John Briscoe

Second: Dave Jefferson

Debate: none

Question: NA

Vote: unanimous voice

Result: The motion was adopted by the Board.

Mark Pardini of LFR gave a preview of the graphics for the Sustainability Café. He received several compliments on his work from Board members.

Special Guest: “Climate Change—S. F. Bay Sea Level Rise Study” Mr. Peter Wijsman of Arcadis US gave a presentation to the Board on a study just getting underway in cooperation with BCDC on climate change. The purpose of the project is to determine to what extent the extensive Dutch experience with water management might be applicable to sea level rise issues in San Francisco Bay. Peter sought input from interested BPC members. DMC Sponsorship and Fundraising Kathy Thibodeaux gave an excellent presentation of the status of sponsors for the DMC and organized the Board members in a fund-raising effort. The meeting was suspended while members made phone calls to prospective sponsors. Some commitments were obtained. The meeting was reconvened. 2009 Work Program Ellen led a brief discussion on the Hamilton Restoration Aquatic Transfer Facility (ATF). Ellen indicated that she had not had time to fully prepare her proposed revisions for the 2009 Work Program which will be covered at the June 24 Board meeting. Motion #3: To approve the Work Program as recommended by the Executive Director

Move: NA

Second: NA

Debate: NA

Question: NA

Vote: NA

Result: By consensus, the motion was tabled until the Executive Director submits her proposals for the program.

2008-09 Strategic Plan Report Ellen’s Report on the implementation of the 2008-09 Strategic Plan included an update on one of the Plan’s implementation projects, The Waterfront Planning Leadership Initiative, and was discussed by both Ellen and David Duey. The goals of the Initiative are being revised to reflect that fact that the Initiative is not intended to be regulatory in nature nor influence negatively any projects along the shoreline. The Initiative continues as a work in progress attempting to define an outcome, such as a report on planning tools, that could assist in achieving BPC’s vision for the waterfront as reflected in BPC’s Envisioned Future Statement. . Ellen indicated that a motion applicable to the Strategic Plan at this time was not applicable and not needed. . Motion #4: To accept the Strategic Plan Report as presented.

Move: NA

Second: NA

Debate: NA

Question: NA

Vote: NA

Result: By consensus, the motion was tabled until Board action is appropriate.

Other Business

Paul Shepherd suggested that a representative of the new Bay Restoration Authority be invited to make a presentation to the Board. There was general agreement with Paul’s suggestion. The Executive Director agreed to proceed with this invitation.

President Giari called John Briscoe to the floor to make a special presentation. John presented a framed print of a poem by Dylan Thomas titled “Do Not Go Gentle Into the Silent Night” to Ellen on behalf of the Board to commemorate her recently deceased father. Ellen expressed appreciation for the print.

Adjourn: 4:20 pm

Recorder: Phil Lebednik

Respectfully submitted: Phillip A. Lebednik, Secretary/Treasurer

6/22/2009

Decisionmakers Conference 2009Financial and RegistrationFinancial Report - (unaudited)

Budgeted Actual Difference% of

budgetRemarks

IncomeRegistrations 30,000$ 29,450$ (475)$ 98%

Sponsors 125,000$ 110,725$ 12,000$ 112%Total 155,000$ 140,175$ (14,825)$ 90%

Expense5100 · Professional Fees 24,000.00$ 13,219$ (10,781)$ 55%

6000 · Bank / Merchant Fees 1,000.00$ 1,038$ (1,000)$ 104%6010 · Catering 25,000.00$ 21,174$ (4,700)$ 85%

6040 · Equip Rental 7,400.00$ 5,580$ (1,820)$ 75%6100 · Supplies 2,000.00$ 499$ (1,501)$ 25%

6110 · Postage & Shipping 5,600.00$ 3,821$ (1,779)$ 68%6120 · Printing & Publications 12,000.00$ 9,279$ (2,721)$ 77%

6160 - Telephone -$ 324$ 324$ This is for Vertical Response Marketing6172 · Car Rental -$ -$ -$ 0%

6175 · Mileage 100.00$ 62$ (38)$ 62%6176 · Tolls, Parking, Transit, Gas 60.00$ 52$ (8)$ 87%

6178 · Venue Charges 1,600.00$ 1,200$ (400)$ 75%Total 78,760.00$ 56,248.33$ (22,512)$ 71%

Net 76,240.00$ 83,926.67$ 7,687$ 110%

Registration Report

Seats Sold Seats %Sponsor Seats Sold 152 51%

Individual Seats Sold 99 33%Non Rev Seats* 49 16%

Total Seats 300 100%

*Non-Rev Seats Seats %Speakers 19 6%

Comp 18 6%Staff 10 3%

Media 2 1%Total 49 16%

Attendance Seats % of registeredConference 223 74%

Luncheon 202 67%

Registered but did not attend 77 26% Mostly Sponsor seats

Agenda – II.b Unpaid Invoice Report

Membership Dues and DMC Sponsorship Report

1. Membership Dues: a. Budgeted: $342,000 b. Invoiced: $336,302 c. Received: $304.025 d. Outstanding (Invoiced) $ 32,277

Members who have been invoiced but not paid:

Black Point Partnership 1,000.00 Central Labor Council of Alameda County 500.00 Cle Engineering, Inc. 515.00 Cooper Crane & Rigging, Inc. 1,500.00 Davies Associates 275.00 Dixon Marine Services, Inc. 750.00 Earth Tech AECOM 275.00 Historic Ships Memorial at Pacific Square 525.00 LPJ Inc. 250.00 Meo & Associates 515.00 Nossaman Guthner Knox & Elliott, LLP 1,599.00 Pillsbury Winthrop Shaw Pittman 5,500.00 PLS Surveys, Inc. 552.00 Port of West Sacramento (invoiced 6/23) 1,500.00 Sedgwick, Detert, Moran & Arnold, LLP 1,000.00 Sosnowski and Associates, Inc. 1,500.00 T. Marnane Associates 275.00 Treadwell and Rollo 1,500.00 Vortex Marine Construction, Inc. 1,500.00 Western States Petroleum Association 10,661.00 Zander Associates 585.00

2. DMC Sponsorship a. Pledged: $110,725 b. Received: $107,225 c. Outstanding: $ 3,500

Sponsors invoiced but not paid:

Western States Petroleum Association $ 2,500 Weston Solutions, Inc. $ 1,000

Agenda Item: III.b.1

2009 Work Program (REVISED 6-09) (A = Action Item; B = Monitoring Item)

*** Priority Action Items shaded ***

Navigation, Dredging, Wetlands and Wildlife Committee Roberta Goulart and Gary Levin, Co-Chairs ***A – Long-Term Management Strategy for Dredged Material Disposal (LTMS)

Hamilton and Montezuma regional beneficial use sites: Work with the LTMS Management Committee to develop a strategy, including a financing and operational use framework, for private and public dredging sponsors. (The proposed Aquatic Transfer Facility concept will require further evaluation to determine if it is a feasible)

Disposal Options – continue to provide leadership to ensure the availability of multiple disposal options, both aquatic and beneficial reuse; identify the next generation of upland sites.

Environmental Windows – provide leadership to and participate in the activities of the 6 workgroups to accomplish dredging and endangered species protection; focus on the completion of scientific studies and integration of study results into the permitting process; participate as a sponsor based on member voluntary contributions to the salmon tagging project with the U.S. Army Corps of Engineers and UC Davis.

Dredged Material Management Office (DMMO) – Recommend to the LTMS Management agencies t0 conduct a Lean Six Sigma’s Value Stream Analysis of the DMMO. Tie the Lean Six Sigma analysis to the pending analysis of BCDC’s functions related to the overall structure of Bay governance and alternative sources of funding for BCDC other than the state general fund.

Environmental Windows – provide leadership to and participate in the activities of the 5 workgroups to accomplish the commensurate goals of dredging and disposal and endangered species protection; focus on the completion of scientific studies and integration of study results into the permitting process; participate as a sponsor based on member voluntary contributions to the fish tagging study.

Green Sturgeon ESA Critical Habitat (CH) and 4(d) Rule: Complete a comprehensive analysis of NOAA Fisheries’ proposed Critical Habitat designation for the S. F. Bay and Delta with a biology, economic and legal consultant team. Identify areas of the Bay for exclusion from CH. Work with NOAA Fisheries to develop a programmatic ESA consultation for dredging and near shore construction activities.

Longfin Smelt Threatened Species: Work with the Ca. Dept of Fish and Game and the LTMS Management agencies to approve procedures for a programmatic consultation and incorporation of longfin smelt within the Environmental Windows Scientific Framework.

LTMS Annual Science Symposium – lead the process to develop the content for the 3rd annual LTMS symposium (TBD). The symposium, organized by the LTMS agencies, was initiated by BPC with the objective to have an annual evaluation of LTMS dredged disposal decision-making related to interpretation of sediment testing results, the progress of the environmental windows program, and identify the next generation of beneficial reuse sites.

A – Long Term Management Strategy for the Delta (Delta LTMS)

Participate in the development of and advocate for funding for the Delta LTMS with a specific focus in the short term on the creation of a Dredged Material Management Office (DMMO) and/or other agency collaboration mechanisms, such as a regional water board General Waste Discharge Permit to enable beneficial use of dredged material on the levees.

BPC Work Program, contd.

***A – Federal Energy & Water Appropriations/Harbor Maintenance Trust Fund/State Funding Advocate for federal energy & water funding of U. S. Army Corps’ Operations and Maintenance (O&M) (including LTMS); continuing and new construction dredging and disposal; and wetland restoration projects; and state funding as needed. Work with our congressional representatives and national maritime organization partners to advocate for spending the Harbor Maintenance Trust fund for the purpose for which it is intended. —navigation channel dredging.

B – Marine Construction Treated Wood Pilings (ACZA/CCA) – work with regulatory and resource agencies to develop a

programmatic permit for the use of treated wood in the marine environment. Pile Driving – work with the regulatory and resource agencies to develop a programmatic

permit for pile driving incorporating scientifically sound, and economically feasible noise thresholds; participate as a member of the state/federal Hydrocoustical Working Group.

B – Nationwide Permits/Letters of Permission for Dredging and Wetland Placement Work with the U. S. Army Corps of Engineers’ Regulatory Branch to develop a Letter of Permission for dredged material placement on wetland sites to accomplish compliance with the 404 regulatory program for wetland fill thereby avoiding a catch-22.

***A – Port of Redwood City Dredging and Bair Island Restoration Project Lead the Task Force to accomplish necessary dredging and placement of material on the levees for the USFWS Bair Island wetland restoration project.

B - San Francisco Estuary Institute’s Regional Monitoring Program (RMP) - Participate as a representative of dredger payees, along with the other 5 contributor groups, on the Steering Committee (meets quarterly).

B – Bidding and Contracting Monitoring In collaboration with the USACE SF District and SPD Division and the California Marine Affairs and Navigation Conference, monitor to ensure a timely, efficient and successful process

B – Essential Fish Habitat Monitoring Monitor USACE and NOAA’s implementation of the Essential Fish Habitat consultation process to avoid dredging permit delays and uncertainty.

A/ B – BCDC i. Regional Entity Analysis: Participate in the pending analysis of BCDC functions and

alternative sources of funding as this relates to the Bay’s overall governance. ii. Permit Process Reform Initiative

Monitor the implementation of the 19-point Task Force Report adopted by BCDC on February 16, 2006. This contains the task force agreement on new permit practices, procedures and proposed Title 14 regulatory amendments to achieve efficiency and greater predictability for the public and building a culture of cooperation to reduce agency overlap and permit delays.

iii. Sub-Tidal Policy Monitor agreement adopted by BCDC on February 16, 2006 for a programmatic alternatives analysis for sand mining to achieve both economic and environmental goals and fair and consistent S. F. Bay Plan policy interpretation.

A – Dredging Planning and Federal Stimulus Funding (ARRA) Meet with the Corps regularly to identify channel maintenance dredging and disposal, deepening and funding needs, such as Pinole Shoals. Monitor to ensure that stimulus funding is obligated to meet federal deadlines. Establish a strike force as needed to accomplish emergency dredging (e.g. Maersk 2001).

B - State Water Resources Control Board’s Sediment Quality Guidelines Advise as needed on balanced, feasible and scientifically sound guidelines.

B/A – S. F. Bay Regional Water Quality Control Board’s Streambed and Wetland Protection Policy and Proposed Basin Plan Amendment Participate in policy development to guide a reasonable approach, avoid duplication with other

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BPC Work Program, contd.

state and federal agencies jurisdiction and achieve a non-intrusive, but complimentary program with local government.

B – South Bay Salt Pond Restoration Project Provide leadership to and participate as a member of the Stakeholders Forum and Flood Management Work Group in the implementation of the federal-state EIS-EIR-approved restoration plan.

B – SWRCB General WDR’s Monitor to determine whether to reinitiate effort at SWRCB to certify all NWP’s under the Clean Water Act’s Section 404 Nationwide Permit Program.

B – S.F. Bay Trail As a founding member (1990) of the S. F. Bay Trail, continue to participate as member of the Board of Directors and BPC sponsor of the Bay Trail’s 20th Anniversary in 2009.

B/A – Meet with agency CEO”S as necessary, e.g. CADFG Executive Director, Donald Koch, USFWS’s Susan Moore and USFWS Regional Director.

B - San Francisco Bay Wetland Joint Venture. As a founding member (1995) of the S. F. Bay Wetland Joint Venture, participate as a member of the Management Committee.

B/A – Transportation/economic/environmental studies Identify opportunities and needs and financial resources such as grants for transportation and

environmental studies to advance the above. B – Partnerships Identify a list of organizations and agencies for necessary BPC alliances to leverage resources

and effectiveness on issues. Establish member “ambassadors” to critical organizations. Ensure information sharing back to BPC.

B/A – Monitor and respond to new state and federal legislation, actions of the state’s elected constitutional officers, and actions of local, regional, state and federal agencies.

Transportation and Infrastructure Committee ?, Chairman

B– Infrastructure Safety Initiative/Bond allocation As a follow- up to BPC’s 2006 post-Hurricane Katrina Proposition 1B-E campaign, monitor and advise where needed to the California Transportation Commission, Dept. of Water Resources, and state legislature on the Nov. 2006- approved bond measure spending decisions for levees, marine and surface transportation and air quality projects

B/A – Ferries Support the regional ferry system expansion. Monitor the implementation of SB 926 creating the new state Water Emergency Transit Authority (WETA).

A – Marine Transportation System National Advisory Council (MTSNAC); California Marine and Intermodal Transportation Advisory Council (CALMITSAC); National Academy of Sciences Transportation Research Board’s Marine Environment and Ports and Channels Committee BPC Exec. Director participates as an appointed member to these institutions to advise on necessary improvements to our national and state marine intermodal system.

B/A – Monitor and respond to state and federal legislation and actions of local, regional, state and federal agencies as needed.

B/A – Transportation/economic/environmental studies Identify opportunities and needs and financial resources such as grants for transportation and

environmental studies to advance the above. B – Partnerships

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BPC Work Program, contd.

Identify a list of organizations and agencies for necessary BPC alliances to leverage resources and effectiveness on issues. Establish member “ambassadors” to critical organizations. Ensure information sharing back to BPC.

Water and Air Committee Gary Oates and Eric Hinzel, Co-chairs

***A – Marine Emissions and Air Quality Improvement Continue to lead the development of a regional strategy to effect air quality improvements in the marine sector. Specifically continue to implement BPC’s Memorandum of Agreement with the Bay Area Air Quality Management District (BAAQMD) and BPC’s five Central Bay member ports and complete the Bay Area Seaports Air Emissions Inventory. In addition, participate with the Port of Oakland and allied marine industry, environmental justice and business organizations as an appointed member of the Port of Oakland’s Maritime Air Quality Improvement Plan (MAQIP) With the anticipated adoption of MAQIP in March, 2009, continue to assist with the implementation of MAQIP. Monitor BAAQMD’s activities on the Green Ports Initiative. Participate as a BAAQMD-appointed member of its Community Risk Evaluation Task Force (CARE)

B – California Air Resources Board (ARB) Monitor the implementation plan of the State Marine Emissions Reduction Plan and participate as necessary in hearings to shape a feasible approach to emissions reduction.

B – AB 32—Climate Change and SB 375 Sustainable Communities Strategy The California legislature adopted a statewide mandate to reduce CO2 greenhouse gases and also the AB 32 implementation legislation, SB 375. BPC should monitor the implementation of these new laws through the Bay Area’s Joint Policy Committee (ABAG, BAAQMD, MTC and BCDC) and join with other organizations to identify an appropriate role and action plan as needed

A - BCDC Proposed Climate Change Bay Plan Amendments – Complete an analysis with a BPC member subcommittee of the proposed Bay Plan amendments. Provide scientific, legal, and engineering rationale for both written and verbal comments recommending that no amendments should be adopted at this time.

B – Total Maximum Daily Load Water Quality Plans (TMDL’s) Participate in workshops, public hearings and organize BPC member input into the TMDL planning process; provide continuing advice on the proposed PCB TMDL.

B – S. F. Bay Regional Water Quality Control Board’s Stormwater Permit (MRP 4) Working with BAASMA and the HBANC, participate in the development of a permit structure and conditions to enable a streamlined and complimentary local government process.

B – Support integrated regional water management planning (IRWMP) B – Water Recycling

Monitor and support recycling projects as needed. Monitor a possible prohibition on water recycling and take further action as needed to support recycling.

B/A – Monitor and respond to state and federal legislation and actions of local, regional, state and federal agencies as needed.

B – Economic, environmental, scientific studies Identify opportunities and needs and financial resources such as grants for studies to advance

the above. ***A – Establish a BPC Science Committee to develop positions on TMDL’s, Climate Change,

Methylmercury studies, salmon tracking and assemble reports for presentation to the S. F. Bay Regional Water Board, EPA, US Army Corps of Engineers, NOAA Fisheries, Ca. Dept. Fish and Game.

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BPC Work Program, contd.

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B – Partnerships

Identify a list of organizations and agencies for BPC alliances to leverage resources and enhance effectiveness on issue priorities. Establish member “ambassadors” to critical organizations. Ensure information sharing back to BPC.

Agenda Item: III.B.2 June 22, 2009 MEMO To: BPC Board of Directors From: Ellen Johnck Re: Board Meeting Agenda Item III b ii: Email letter from Will Travis to David Lewis and Ellen Johnck re status of BCDC Action recommendation: Based on the information below, recommend that the next steps for BPC are to proactively engage in the BPC analysis of functions and funding; request formation of advisory group for the analysis. Should the analysis be funded and conducted by the Bay Area Council Economic Institute and SPUR, both of which have appointed representatives on BCDC: Chairman Sean Randolph and Ann Halsted, Vice Chairman and SPUR Board member? “David and Ellen, Earlier this week the policy committees in both the Assembly and the Senate recommended that the Legislature's Conference Committee on the Budget reject the Governor's proposal to eliminate BCDC as a state agency and instead accept BCDC's proposal to study the matter and report back to the Administration and the Legislature. Yesterday, the full Conference Committee simply rejected the Governor's proposal. Therefore, at this point, the proposal is dead. Assuming the full Legislature agrees with the Conference Committee, something that is highly likely because nobody is an advocate for the Governor's proposal any more, the matter will go to the Big Five as part of the entire budget. It's always possible that something crazy could happen there or that the Governor will reduce or eliminate BCDC's budget, but I'd put the odds of that happening at close to zero. Even without budget bill language requiring us to study the issue, I will recommend that the Commission do so. We said we would, so we should. More importantly, this is an opportunity for the Bay Area community to offer our views on where BCDC belongs in the overall structure of government and to look for more reliable sources of funding that will move BCDC away from the uncertainty of General Fund support. We look forward to working with you on that analysis which we hope to have lead by the Bay Area Council Economic Institute and the San Francisco Planning and Urban Research Association. In the end, I think we can be proud that the strategy we devised for dealing with this crisis has brought us to precisely the place we wanted to be. Once again we have demonstrated that whatever differences we may have on specific issues, our family pulls together when our common interests are at stake. Thanks for all that you have done, again. Trav”

Agenda Items: III.b.III III.b.V III.b.VI Board of Directors Meeting Wednesday, June 24, 2009 Staff Report Agenda Items III. b. iii, BCDC’s Climate Change Bay Plan Amendments b. v Green Sturgeon 4(d) Rule and b vi. Longfin smelt new threatened species Item III. b. iii: BCDC’s Climate Change Bay Plan Amendments: BCDC, in a 23-page, April 7 document, “Draft Staff Report and Preliminary Recommendations for Proposed Bay Plan Amendment 1-08 Concerning Climate Change”, proposes new policies which will substantially affect property owners and business along the shoreline. The policies will require permit applicants to address sea level rise in their project applications. Two public hearings have been held with a third public hearing scheduled for July 16. The major issues for BPC include BCDC’s legal authority for amending the Bay Plan to address climate change and sea level rise under the McAteer-Petris Act, the rationality of the prescriptive approach to certain sea level rise scenarios (16 inches in 2050; 55 inches 2100), the economic feasibility for many owners for spending on sea level rise impacts; the lack of a more comprehensive and thoughtful discussion with local, state and federal agencies and property owners to more fully consider scientifically appropriate and economically feasible strategies. Action recommendation: Based on these concerns, it is recommended that BPC’s position is that BCDC does not have legal authority to adopt Bay Plan amendments on climate change. BCDC should not adopt Bay Plan amendments at this time but engage local, state and federal agencies and property owners in an expanded discussion on strategies. Item III. b. v. Green Sturgeon ESA 4(d) Rule: NOAA published its ESA 4(d) Rule in the Federal Register Vol. 74.No. 97 on May 21, 2009 and provides a public comment period with July 20, 2009 as the deadline. It comes as no surprise that the Rule specifies that most of the Bay and Delta’s maritime and related economic development activities are activities that “are likely to result in take of Southern DPS fish”. As a result, mostly all of the federal Army Corps civil work projects and private sector projects requiring Army Corps permits will require a formal consultation between the U. S. Army Corps of Engineers and NOAA Fisheries to allow “take” according to the Rule. Since there is no environmental window for green sturgeon as exists for salmon and other endangered and threatened species, this will be a significant time and cost burden on both permit applicants, USACE and NOAA as well. Action recommendation: BPC to provide comments to NOAA relying on the BPC scientific, biology, and legal evaluation developed for the Critical Habitat proposed designation. Most in-water and near shore construction activities, such as dredging and disposal are already regulated sufficiently under other state programs and should be waived. Further, business is carrying out substantial restoration projects which meet ESA goals. BPC recommends that a programmatic consultation be concluded ASAP. Item III.b.vi. Longfin smelt new threatened species The California Department of Fish and Game listed the longfin smelt threatened in March, 2009. Since there is no environmental window for the longfin smelt, dredging applicants will now be required to have approval for “take” from CaDFG. Action recommendation: BPC work with the CaDFG and the LTMS agencies to: 1) seek the completion of a programmatic biological consultation for dredging and disposal for incorporation into the Environmental Windows Science Framework, and; 2) In the absence of such at the present time, immediately establish a protocol for approving dredging and disposal now.

Federal Energy and Water AppropriationsProject Funding - Fiscal Year 2010

(Amounts in Thousands)Revised 6/22/2009

ProjectFY2010

BPC Recommends

FY 2010 President's

Budget

FY2009 Omnibus

FY 2009 ARRA

FY 08/09 Supplimentals

FY 2010 Purpose of Funding

FY 2008 Omnibus

Napa River 4300 Maint. Dredging 229

Oakland Harbor 26000 9255 6911 4000 Maint. Dredging 8205

Petaluma River 6500 1503 Maint. Dredging 229

Pillar Point Harbor 3190 Breakwater repair 1206

Pinole Shoal Management/Delta LTMS 2000 235 DMMP & Levee Rehab. 462

Project Condition Surveys 2500 2442 2248 Navigation Surveys 2241

Redwood City Harbor 6745 6745 275 4000 Dredging

Richmond Harbor 9375 9375 6451 2000 Maint. Dredging 7193

Sacramento River (30ft) 6000 3351 5181 1079 Maint. Dredging 2848

Sacramento River (Shallow Draft) 234 234 162 Maintain Facilities 160

Sacramento River Debris Removal 1712 1712 1454 Debris Removal 1324

San Francisco Bay - Delta Model Structure 2300 1118 1027 Operate & Maintain 1037

San Francisco Bay Long Term Mmgt. Strategy 3500 3458 DMMO, DMMP & Science 2460

San Francisco Harbor S.F. Bar Channel (55ft.) 3237 3237 3118 Maint. Dredging 3112

S. F. Harbor and Bay - Debris Removal 2945 2945 2805 Debris Removal 3936

San Joaquin River - Stockton Channel 11000 3554 5022 1950 Maint. Dredging 2862

San Leandro Marina (Jack D. Maltester Channel) 1850 1000 Maint. Dredging 1169

San Pablo Bay & Mare Island Strait 5300 2650 1058 2000 Maint. Dredging 1696

San Rafael Creek 5775 1492 Maint. Dredging 1016

Santa Cruz Harbor 2000 Maint. Dredging

Suisun Bay Channel/New York Slough 6200 4019 2768 Maint. Dredging 2856

Suisun Channel 3000 Maint. Dredging

Hamilton Airfield Wetlands Restoration 14250 14250 14000 2000 Continue Construction 8512

Hamilton Airfield Wetlands Restoration - ATF 24000

Oakland Harbor 7800 1000 25092 7900 Continue Construction 41328

S. F. Bay to Stockton (Baldwin & Stockton Ship Channels) 1800 1340 Continue Construction 403

Sacramento River Deep Water Ship Channel 10000 10000 957 Continue Construction 816

Moss Landing Harbor/Erosion Study - Sect. 1135 100 Initiate Feasibility

Oyster Point Harbor - Sect. 107 project 800 Breakwater Construction Project Complete

Redwood City Harbor (Deepening) 900 143 Initiate Feasibility

Operations and Maintenance

Continuing Construction Projects

Navigation Studies in Progress

Continuing Authorities

Agenda Item: IV

2008-2009 STRATEGIC PLAN Progress Report June, 2009

CORE IDEOLOGY

Mission:

To ensure that commerce, recreation and the natural environment thrive in the San Francisco Bay-Delta region.

Core Values: Quality of life

Strong economy, competitiveness, jobs Public health and safety High quality natural environment

Leadership Holistic approach to use of bay resources Collaborative problem-solving Innovative solutions

Integrity Incorporate multiple perspectives Scientific approach Objective evaluation

ENVISIONED FUTURE Through the leadership of the Bay Planning Coalition, recognized for its achievements collaborative planning with public and private sector agencies and organizations, the Bay-Delta region’s industry, recreation and commerce will grow and the natural environment will flourish, resulting in:

1. Innovative waterfront planning that sustains a working waterfront for water-dependent industry and jobs; supports a diversity of waterfront uses including water transit, marinas, wildlife habitat and integrated with residential and commercial uses on contiguous land; addresses climate change and potential sea level rise, and fosters environmental-responsibility and compatibility among industry, residents and tourists;

2. Expansion of world-class maritime, goods movement, ferries, recreational marinas and water-dependent industries;

3. Creation of a model of economic progress and environmental stewardship through regional innovation and supportive local, state, and federal policies and programs.

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GOAL #1: ENSURE A FACT-BASED, EFFICIENT, RATIONAL REGULATORY PROCESS

Objectives:

1. Eliminate ineffective and redundant regulation.

2. Increase regulatory agency accountability and adherence to environmental review standards under agency’s enabling legislation. Advocate for a permit approval process consisting of a published set of clear, consistent rules and decision-making criteria.

3. Increase the number of agency staff members who understand the broad application of the environmental review process and the impact of their actions to the overall health and vitality of the Bay’s economy.

4. Expand Bay Planning Coalition’s environmental initiatives

Comment: Hamilton and Bair Island wetland restorations; Seaport Air Emissions Inventory; MAQIP

5. Expand support for the environmental initiatives of our members and allied organizations.

Comment: Port of Oakland’s MAQIP; California Port Captains and Harbor Masters save DBW

Strategies: [Need to be prioritized in terms of time urgency, resources]

1. Conduct a Lean-Six Sigma business model analysis (value stream engineering) on the dredging permit process. (2008)

Comment: Not completed; however BCDC adopted a 10-year dredging permit.

2. Develop a program to educate regulators on the impact of their actions.

a. Identify agency staff for potential participation and promote this to their agency CEO’s. (2008)

b. Members develop internship programs for employees of regulatory agencies to work in the private sector and learn the challenges. (2009)

c. Designate member “ambassadors” to critical organizations. Ensure information-sharing back to BPC via a “meeting report” system. (2008)

Comment: Ellis Wallenberg to WSPA Associates and Contra Costa Council; Scott Warner to CELSOC

3. Develop and publish a vision for the regulation and use of the bay and contiguous land. (By June 30, 2008) [See Goal #2, Strategy #1]

Comment: Vision is completed but has yet to be finalized in final form for publication.

4. Forge agreement with the Bay Area Air Quality Management District to jointly and voluntarily develop a maritime air quality improvement plan. (2008)

Comment: Memorandum of Agreement signed in 2008 with BAAQMD and BPC Central Bay port members to conduct a Bay Area Seaport Emissions Inventory with anticipated completion date of August, 2009.

5. Identify a priority list of which organizations and agencies with whom BPC would like to expand its relationship, based on issue priorities. (2008)

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Comment: BPC continues its ongoing relationship with HBANC, CMANC, WSPA and the Bay Area Council. Expanding activity with SAMCEDA, Contra Costa Council, and SFMX. Goal is to expand activity with ASCE, ABAG, California Association of Counties and League of California Cities and Flood Management Association.

GOAL #2: ENSURE A FACT-BASED, EFFICIENT, RATIONAL PLANNING PROCESS THAT ENCOURAGES

MULTIPLE USES OF THE BAY AND CONTIGUOUS LAND.

Objectives:

1. Increase public understanding of the value of maritime and other industries who use the bay and contiguous land.

Comment: BPC is featured in Building the Bay Area publication and has lead article in The Pulse through BPC’s representation on the Regional Monitoring Program.

2. Increase BPC’s influence on local government general plan policies that promote multiple, compatible uses of the bay and contiguous land.

3. Increase the amount of state and federal funding for projects in the bay and on contiguous land.

Comment: Federal appropriations have increased for civil works and wetland restoration projects both through annual federal budget and also new ARRA (stimulus) funding.

4. Increase environmental components in marine infrastructure development projects.

Comment: Yes, at Ports of Redwood City, San Francisco and Oakland.

5. Expand support for the environmental initiatives of our allied members and organizations.

Strategies:

1. Develop and publish vision for the use of the bay and contiguous land. (by June 30, 2008)

Comment: Vision document completed but not yet finalized for publication. Envisioned Future statement has been circulated. See first page of Strategic Plan.

2. Develop a plan for rolling out the vision to members, agencies, local government and the community. (by June 30, 2008)

Comment: See #1 above.

3. Advise on the development of a policy in the City of Richmond supporting the maritime industry integrated and compatible with multiple shoreline uses.

Comment: Waterfront Planning Leadership Initiative in process and being further defined.

4. Advise on the development of a policy in the City of Redwood City supporting the maritime industry integrated and compatible with multiple shoreline uses.

Comment: Waterfront Planning Leadership Initiative in process and being further defined

5. Influence the allocation of funding from the 2006 state infrastructure bond to expand S. F. Bay-delta ports and goods movement.

Comment: Testified supporting Prop 1B projects to California Transportation Commission and won support for certain projects.

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6. Implement strategy to reinvigorate and revitalize Mare Island in the City of Vallejo.

Comment: In process. Executive Director met with Mayor Osby Davis and Congressman George Miller’s office discussing mothball fleet and Mare Island Strait dredging

7. Lead the Bair Island Restoration/Port of Redwood City dredging project Task Force.

Comment: Phase 1 200,000 cy moved to Inner Bair Island completed; Phase 2 planning is moving forward.

8. Participate as a founding member of the SF Bay Wetland Joint Venture.

9. Continue to participate as a funding advocate and stakeholder representative for the implementation of the South Bay Salt Pond Restoration Project.

10. Continue to lead the Infrastructure and Safety Initiative, advocating for funding and implementation.

Comment: Activities have been mainly focused on California Transportation Commission funding decisions.

11. Identify a list of which organizations and agencies BPC would like to work with based on issue priorities.

a. Designate BPC member “ambassadors” to critical organizations. Ensure information-sharing back to BPC via a “meeting report” system.

GOAL #3: MEMBERS WILL BE INFORMED ON SAN FRANCISCO BAY-DELTA ISSUES & REGULATIONS.

Objectives:

1. Increase the frequency and improve the effectiveness of email updates and alerts to members

Comment: Outreach for DMC was successful, but since then, this objective is not being achieved to the extent desirable.

2. Improve the web site as a tool for public understanding of BPC and legal and policy content for members.

Comment: Website has been improved using a new software program; BPC’s Executive Assistant has successfully used this program to renovate the website and improvements are continuing.

Strategies:

1. Provide necessary staff resources to generate timely emails formatted to allow members to quickly choose what to read and click through for detail, and to provide a monthly summary of issue alerts to interested members.

Comment: Do not have staff resources to generate newsletter on a frequent basis.

2. Provide necessary staff resources to redesign and improve the web site and related collateral to communicate BPC’s history, core ideology, goals, issue analyses, research, statistics, and legal and policy content. Include links to a variety of related interests.

Comment: Redesigned administrative assistant position to executive assistant and hired a person at a higher salary to carry out this task among others.

3. Devise a way to ensure 2-way communication with members so they can alert BPC to issues and potential organizations to work with to advance our core purpose.

Comment: Executive Director continues one-on-one member contact to the greatest extent possible.

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GOAL #4: BPC’S LEADERSHIP POSITION ON FAIR, BALANCED, AND ENVIRONMENTALLY SENSITIVE POLICY

AND REGULATION WILL BE SUPPORTED BY OBJECTIVE EVALUATION OF RELEVANT DATA.

Objectives:

1. Increase BPC’s use of relevant data in formulating positions on policy and regulatory issues

Comment: Executive Director continues to spend significant time working on dredging issues within the LTMS Environmental Windows program. NOAA Fisheries and the other LTMS agencies are relying on the Science studies financially supported by LTMS to inform decisions. Also completed a comprehensive biology, economic and legal evaluation of the Green Sturgeon proposed Critical Habitat designation.

2. Increase BPC’s capacity to initiate and execute scientific studies

Comment: BPC has increased its work program in the past year managing three scientific studies: Bay Area Seaports Air Emissions Inventory; Fish Tagging Study; Green Sturgeon CH evaluation.

3. Increase effective communication of results of the objective evaluations to the members, media, regulatory agencies, environmental groups, and the general public.

Strategies:

1. Identify areas where studies may be needed and develop a priority list

Comment: Climate change and sea level rise; BCDC analysis of functions and funding sources

2. Evaluate revitalizing the “Forum for the Future of San Francisco Bay” (formerly the San Francisco Bay Planning Foundation)

Comment: this is not possible at this time

GOAL #5: BE THE ESSENTIAL MEMBERSHIP ORGANIZATION FOR THOSE ENGAGED IN MARITIME AND

BAY/DELTA-CONTIGUOUS ACTIVITIES.

Objectives:

1. Increase the membership by 50.

Comment: 10 new members since 2007 Retreat.

2. Increase the diversity of members to serve the full spectrum of those who benefit from BPC.

3. Increase the financial commitment of members

Comment: 2008 and 2009 show increased sponsorships for DMC

Strategies:

1. Form an ad-hoc committee to:

a. Review and revise dues structure

Comment: Dues structure revision accomplished in 2008; membership paid an average of 10% increase

b. Establish a plan to execute membership growth

i. Leverage 25th anniversary celebration

ii. Develop multi-media background info on BPC

Comment: Produced 25th Anniversary video

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iii. Targeted media appearances

Comment: Still largely ad hoc; Executive Director appeared on TV news for Port of Oakland’s MAQIP

b. Identify targets, including delta entities, cities and counties, marinas, water agencies, private terminals, air quality groups, etc. and engage members to invite them to join.

Comment: Still needs to be done

GOAL #6: ENSURE THAT BPC HAS THE FINANCIAL, BOARD OF DIRECTORS AND STAFFING RESOURCES TO

DELIVER ON ITS MISSION AND GOALS.

Objectives:

1) Double revenue for BPC to $1 million over the next 2-3 years

Comment: 2009 Annual Budget is $812,000 increased by a third since 2006.

2) Increase the staff level to meet the current and future challenges for which we do not have the resources to address:

a. More science-based activity

b. More active members and committees

c. Improved communication

d. Increased sharing of institutional knowledge

3) Increase the “Highest and best use” of Ellen Johnck’s talents and time

Strategies:

1) Increase revenue for BPC by $100K in the next 2008 fiscal year through increased dues, a change in the membership structure, and more Decision-Makers Conference sponsorships. (Fiscal 2008)

Comment: Revenue has been increased by over $100K; however, a portion of this is based on special project revenue which is, for the most part, member self-funded.

2) Pursue grants as needed to augment revenue and support current issue priorities (Fiscal 2009)

Comment: Need additional staff or consultant to actively pursue grants.

3) Increase staff by 2-3 or equivalent to assist in the following areas. (The intent is not necessarily to be seeking a “successor to Ellen) (Fiscal 2008 or sooner)

Comment: Redefined administrative assistant position to executive assistant and increased salary level of such. Still need a deputy to assist Executive Director with building membership, handling regulatory and membership needs and issues and special project studies.

a. Administrative oversight

b. Membership sales

c. Communication

d. Issues Management