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February 5, 2009 Commission Meeting Notice

February 5, 2009
1:00 p.m.
Port of San Francisco Board Room
Ferry Building
Second Floor
San Francisco, CA 94111

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 January 15, 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 Revisions to the Commission’s Regionwide Permit No. 3 and Abbreviated Regionwide Permit No. 1 [ 312 kb]
    On December 18, 2008, the Commission approved revisions to the Commission’s regionwide and abbreviated regionwide permits. These are pre-issued permits for certain specified, minor projects and are intended to expedite the permitting process both for applicants and the Commission. The Commission amended these permits to, among other things: (1) allow in-kind repair and maintenance of authorized facilities; (2) combine certain regionwide permits authorizing closely-related facilities; (3) update the permits’ special and standard conditions; (4) specify some additional facilities and improvements that are related to those authorized in the existing permits; (5) expand the findings to explain why certain conditions have been included in the permit; and (6) various modifications designed to facilitate staff processing of these projects, such as renumbering the permits, reorganizing the conditions to follow the typical ordering of these conditions; and clarifying the distinction between regionwide and abbreviated permits. The Commission postponed acting on Regionwide Permit No. 3 and Abbreviated Regionwide Permit No. 1 to provide the staff with an opportunity to revise the specific language in the proposed special condition addressing sound pressure from pile driving found in these permits. On February 5, 2009, the Commission will hold a public hearing and may vote on the proposed revisions to these permits.
    (Bob Batha) [415/352-3612  bobb@bcdc.ca.gov]
  9. Public Hearing and Vote on Permit Application No. 2-06 from the California Department of Corrections and Rehabilitation for the San Quentin Prison Condemned Inmate Housing Project in Marin County [Summary 397 kb] [Recommendation 244 kb]
    The Commission will hold a public hearing and may vote on a permit application from the California Department of Corrections and Rehabilitation to construct a condemned inmate housing project at the San Quentin State Prison, in an unincorporated portion of Marin County. The proposed project, which is on a 40-acre site within the prison, includes the construction of four new buildings, the largest of which would be a 768-cell complex for the housing of 1,152 condemned male inmates. The portions of the proposed project that are located within the Commission’s jurisdiction include a guard tower, a gun locker building, a resurfaced road, paving, security perimeter fencing, a construction staging area for approximately two years, and a storm water outfall structure. To avoid security conflicts, in-lieu of providing public access within the prison complex, the applicant proposes to provide approximately $900,000 to the Marin Transportation Authority (TAM) to partially fund a Phase 1 of the Central Marin Ferry Connection near Larkspur Landing and Corte Madera Creek on Sir Francis Drake Boulevard and construct two to three car parking lot view area and trail to the Bay along Main Street in San Quentin Village. A public hearing on the application was held on December 18, 2008. On January 15, 2009, the Commission postponed voting on the application and directed the staff to explore whether the project could be redesigned in a manner that would allow part of the site to be used for a ferry terminal and to investigate whether the public access proposed by the applicant could be enhanced. To provide the public with an opportunity to comment on this new information, a second public hearing  will be held on February 5, 2009.
    (Karen Wolowicz) [415/352-3669  karenw@bcdc.ca.gov]
  10. Briefing and Public Hearing on Bicycle and Pedestrian Access on the Richmond-San Rafael Bridge [ 88 kb]
    The Commission will receive a briefing from the California Department of Transportation (Caltrans) on the issue of whether the Richmond-San Rafael Bridge can safely accommodate bicycle and pedestrian access. After Caltrans briefed the Commission on this issue on April 3, 2008, the Commission voted to support public access on the bridge and determined that bicycle and pedestrian access would further the goals of: (1) expanding the San Francisco Bay Trail; and (2) providing alternative modes of transportation. The Commission also requested that by September 30, 2008, Caltrans provide: (1) additional details about joint use of the bridge for both motorized and non-motorized trips; (2) traffic and safety data; and (3) a cost-benefit analysis for public access on the bridge and the eastern approach. The public will be given an opportunity to comment and the Commission may provide further policy guidance on this issue.
    (Brad McCrea) [415/352-3615 bradm@bcdc.ca.gov]
  11. Consideration of 2008 Annual Report
    The Commission will consider approving the text of its 2008 annual report.
    (Will Travis) [415/352-3653  travis@bcdc.ca.gov]
  12. Consideration of Strategic Plan Status Report [ 271 ]
    The Commission will consider a status report on the progress being made in meet­ing the objectives contained in the strategic plan adopted on October 2, 2008. 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.