October 15, 2009 Commission Meeting Notice

October 15, 2009
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 September 3, 2009 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 Material Amendment No. One to Consistency Determination No. CN 11-93, U.S. Fish and Wildlife Service, for the Lower Tubbs Island/Tolay Creek Marsh Enhancement Project, Sonoma County 297 KB
    The Commission will vote on a request for a material amendment to Consistency Determination No. CN 11-93 to enhance approximately 65 acres of tidal habitat within the Lower Tubbs Island and Tolay Creek marshes. The U.S. Fish and Wildlife Service has modified the proposed project in response to the Commissionís concerns and comments raised at the public hearing on September 3, 2009. (Max Delaney) [415/352-3668 maxd@bcdc.ca.gov]
  9. Public Hearing and Vote on the Recommended Enforcement Decision Involving Proposed Stipulated Civil Penalty Order No. CCD 1-09; Donald Krohn, Rozzi Inc. 410KB
    The Commission will hold a public hearing and may vote on a proposed stipulated Civil Penalty Order No. CCD 1-09, issued to Donald Krohn, Rozzi Inc., for failure to pay a civil penalty to resolve public access violations of BCDC Permit No. M84-37, which authorizes a Chevy’s Restaurant in the City of Emeryville, Alameda County. Under the proposed enforcement order, Donald Krohn, Rozzi Inc. would pay an administrative civil penalty of $10,000. (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov] (Tim Eichenberg) [415/352-3655 time@bcdc.ca.gov]
  10. Closed Session on the Recommended Enforcement Decision Involving Proposed Stipulated Civil Penalty Order No. CCD 1-09; Donald Krohn, Rozzi Inc.
    Pursuant to California Government Code Section 11126(c)(3), the Commission may hold a closed session to consider this matter. (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov] (Tim Eichenberg) [415/352-3655 time@bcdc.ca.gov]
  11. Public Hearing and Vote on the Recommended Enforcement Decision Involving Proposed Stipulated Civil Penalty Order No. CCD 2-09; JMA Waterfront Properties 270KB
    The Commission will hold a public hearing and may vote on a proposed stipulated Civil Penalty Order No. CCD 2-09, that would be issued to JMA Waterfront Properties for failure to pay a civil penalty, to resolve public access violations of BCDC Permit No. 4-05, which authorizes the Waterbar and Smokehouse Restaurants in the City and County of San Francisco. Under the proposed enforcement order JMA Waterfront Properties would be subject to an administrative civil penalty of $15,000. However, up to $6,000 of this amount would be used to purchase tables and chairs to be installed onsite for exclusive use by the public. The balance of $9,000 would be deposited into the Bay Fill Clean-up and Abatement Fund, of which $2,000 would be stayed for full compliance with the terms of the order. (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov] (Tim Eichenberg) [415/352-3655 time@bcdc.ca.gov]
  12. Closed Session on the Recommended Enforcement Decision Involving Proposed Stipulated Civil Penalty Order No. CCD 2-09; JMA Waterfront Properties
    Pursuant to California Government Code Section 11126(c)(3), the Commission may hold a closed session to consider this matter. (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov] (Tim Eichenberg) [415/352-3655 time@bcdc.ca.gov]
  13. Public Hearing and Vote on SB 375 Implementation Policies 212KB
    The Commission will hold a public hearing and vote to ratify Policies for the Bay Area’s Implementation of SB 375 that have been adopted by the Joint Policy Committee. (Will Travis) [415/352-3653 travis@bcdc.ca.gov]
  14. Consideration of Strategic Plan Status Report 202KB
    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]
  15. New Business
  16. Old Business
  17. 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.