August 21, 2008 Commission Meeting Notice

August 21, 2008
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 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.
    (Will Travis) [415/352-3653 travis@bcdc.ca.gov]
  4. Approval of Minutes of July 17, 2008 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. Public Hearing and Vote on Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 1-08; Golden Gate Bridge, Highway, and Transportation District
    The Commission will hold a public hearing and may vote on proposed Cease and Desist and Civil Penalty Order No. CCD 1-08 that would be issued to Golden Gate Bridge, Highway, and Transportation District for alleged violations of the McAteer-Petris Act and of BCDC Permit No. 22-73. The permit authorizes the District’s facilities at the Larkspur Ferry Terminal on Sir Francis Drake Boulevard, in Marin County. Under the proposed order the District would: (a) improve the public access path and landscaping, and provide a new viewing area, bike racks and seating at the terminal; (b) remove unauthorized structures and uses from the public access areas; (c) complete public improvements in and nearby the “courtyard;” (d) record a legal agreement to reserve a portion of the terminal property for a view corridor; (e) provide additional public benefits by, (1) replacing a concrete wall with a transparent metal fence to allow views of the Bay, (2) installing additional public seating, and (3) providing free rides to cyclists on weekends during May 2009; and (f) pay $50,000 in civil penalties if the District does not comply with any term or condition of the order.
    (Ande Bennett) [415/352-3626 andeb@bcdc.ca.gov] (Ellen Sampson) [415/352-3610 ellens@bcdc.ca.gov]
  9. Public Hearing and Vote on Amending the Regional Airport Planning Committee’s Memorandum of Understanding
    The Commission will hold a public hearing and may vote on an amendment to BCDC’s Memorandum of Understanding (MOU) with the Association of Bay Area Governments and the Metropolitan Transportation Commission that governs the Regional Airport Planning Committee (RAPC). The amendment would add three members and three alternates to RAPC from Sacramento, San Joaquin and Monterey Counties. This amendment was endorsed by RAPC on June 27, 2008.
    (Lindy Lowe) [415/352-3642 lindyl@bcdc.ca.gov]
  10. Public Hearing and Possible Vote on Issuance of a Nonmaterial Amendment to BCDC Permit No. 12-78 (Amendment No. Eight); Shelterpoint Equities LLC
    The Commission will hold a public hearing and may vote on direction to staff regarding a request from Shelterpoint Equities LLC to remove a private boat dock, gangway and supporting pilings from Richardson Bay, Mill Valley, Marin County. The staff intends to approve a nonmaterial permit amendment to allow the removal because the boat dock and gangway are not required public access improvements, and fill would be remove from the Bay. A hearing has been scheduled to allow the public to comment of the matter.
    (Tim Eichenberg) [415/352-3655 time@bcdc.ca.gov] (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov]
  11. Commission Consideration of a Contract Amendment with Metropolitan Transportation Commission (MTC)
    The Commission will consider authorizing the Executive Director to amend BCDC’s contract with MTC to extend the contract one year and provide BCDC with an additional $170,000 to assist MTC in transportation planning that affects the Bay.
    (Lindy Lowe) [415/352-3642 lindyl@bcdc.ca.gov]
  12. Consideration of Strategic Plan Status Report
    The Commission will consider a status report on the progress being made in meeting the objectives contained in the strategic plan adopted on November 1, 2007. The Commission will also determine whether any revisions in the plan are necessary and whether to take further action to achieve the plan’s goals and objectives.
    (Will Travis) [415/352-3653 travis@bcdc.ca.gov]
  13. New Business
  14. Old Business
  15. 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.