Sep 20, 2007 Commission Meeting Notice

Sep 20 , 2007
1:00 p.m.
MetroCenter Auditorium
101 Eighth Street, Oakland

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 investiga¬tion unless the matter is scheduled for action by the Commission later in the meeting.
    (Will Travis) [415/352-3653]
  4. Approval of Minutes of September 6, 2007 Meeting
    (Mamie Lai) [415/352-3639]
  5. Report of the Chair
  6. Report of the Executive Director
  7. Commission Consideration of Administrative Matters
    (Steve McAdam) [415/352-3614]
  8. Public Hearing and Vote on Permit Application No. 10-06 from San Rafael Marina, LLC to construct a mixed use development and a public shoreline area at Loch Lomand Marina in the City of San Rafael, Marin County [ Pdf 130KB ]
    The Commission will hold a public hearing and may vote on an application to renovate the Loch Lomond Marina on the San Pedro peninsula, in the City of San Rafael, Marin County. The project involves the construction of 81 homes, a grocery store, a two-story mixed-use building with ground floor retail and five residential flats above, and a restaurant adjacent to the existing yacht club. Proposed new public access at the site includes a 1,500-foot-long public access boardwalk, a kayak boat launch float and ramp, a 33,000-square-foot “Marina Green,” a small park, a six-foot-wide, 2,200-foot-long pathway along the breakwater and a children’s play area. Minor fill in the Bay is proposed as part of the development for the kayak boat launch float and ramp and for improvements to the existing breakwater.
    (Karen Wolowicz) [415/352-3669]
  9. Public Hearing and Vote on Amendments to Dredging Regionwide Permit No. RWP-10 [ Pdf 738KB ]
    The Commission will hold a public hearing and may vote on proposed amendments to Regionwide Permit No. RWP-10 that would extend the period during which the dredging could be done from 30 months to five years, increase the volume of maintenance dredging from 100,000 to 200,000 cubic yards, allow 2,500 cubic yards of shoal “knockdowns” within dredged areas, and make other change to update the permit.
    (Brenda Goeden) [415/352-3623]
  10. Public Hearing on Proposed Amendments to the Commission’s Application Form and Other Filing Requirements [ Pdf 134KB ]
    The Commission will hold a public hearing on proposed amendments to the Commission’s permit application form and related regulations that contain the requirements for filing an application.
    (Ellen Sampson) [415/352-3610]
  11. Briefing on Metropolitan Transportation Commission
    Steve Heminger, the executive director of the Metropolitan Transportation Commission, will brief the Commission on the work of MTC and discuss opportunities for further collaboration between MTC and BCDC.
    (Will Travis) [415/352-3653]
  12. Consideration of Regional Airport Planning Committee Phase 1 Status Report [ Pdf 199KB ]
    The Commission will consider a status report on the Regional Airport Planning Committee’s (RAPC) work to update the Regional Airport System Plan. The report summarizes the preliminary conclusions and recommendations from several aviation expert panels held during Phase 1, and work program proposals for the next project phase.
    (Joe LaClair) [415/352-3656]
  13. Closed Session to Discuss Pending Litigation; Cease and Desist and Civil Penalty Order No. CCD 1-06 issued to Thomas J. Moseley and K.M.C. Inc.
    The Commission may hold a closed session to discuss potential litigation to enforce the terms of Commission Cease and Desist and Civil Penalty Order No. CCD 1-06, which requires compliance with BCDC Permit No. 6-91, which authorizes construction of a marina project located at Paradise Cay in the City of Tiburon, Marin County, and requires the completion of the project by August 31, 2007. The order was referred to the Attorney General’s office for enforcement because the project has not yet been completed. The Commission is authorized to discuss this matter in a closed session pursuant to Government Code Section 11126(e)(2)(C).
    (Ellen Sampson) [415/352-3610;]
    (Adrienne Klein) [415/352-3609;]
  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.

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