November 5, 2009 Commission Meeting Notice

November 5, 2009
1:00 pm
Port of San Francisco Board Room
Ferry Building
Second Floor
San Francisco, CA 94111
415.693.0996

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 October 15, 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. Public Hearing and Vote on Report on the Governance and Financing of Bay Management [ 138 KB]
    The Commission will hold a public hearing and may vote to endorse the conclusions of a report entitled, “BCDC’s Role in Management and Governance of San Francisco Bay: Should It Be a State or Regional Agency? How should it be Funded?” prepared by the San Francisco Planning and Urban Research Association and the Bay Area Council Economic Institute. The report responds to a proposal made by the Governor last May to eliminate BCDC as a state department and realign its functions to a regional entity.
    (Will Travis) [415/352-3653  travis@bcdc.ca.gov]
  9. Commission Briefing and Possible Action the Redwood Shores Flood Control Project [ 124KB]
    The Commission will receive a briefing from the staff and may provide guidance on the approach to take in processing three permit amendment requests for levee improvements in Redwood City (Request for Amendment Two to BCDC Permit No. M86-24, Amendment Six to BCDC Permit No. 6-94, and Amendment Five to BCDC Permit No. M87-70). To comply with FEMA flood protection requirements, as of March 1, 2010, the City of Redwood City, the South Bayside System Authority (SBSA), and the County of San Mateo will have to raise and strengthen an approximately five-mile (25,338-foot-long) stretch of the existing perimeter levees protecting the Redwood Shores Peninsula. Five different approaches will be used to strengthen the levees: (1) raising the levee 6-inches to 2.5 feet by placing earth material (2) creating a one to 2.5-foot-high earthen berm on the bayward edge of segments of existing levees; (3) installing an approximately five-foot-high, vinyl sheet pile wall along the outside edge of an existing levee; (4) installing a one-foot-high concrete wall; and (5) temporarily deploying a water-filled rubber bladder, during 50 to 100 year storm events. Portions of the project are located within the Bair Island Ecological Reserve, which is designated in the Bay Plan as a Wildlife Refuge Priority Use Area. The project, as a whole, will affect a significant portion of the shoreline, may affect future public access opportunities, and require three separate BCDC authorizations to different permittees for the separate components of the overall project. Therefore, the staff is bringing the matter to the Commission for guidance.
    (Karen Wolowicz) [415/352-3669  karenw@bcdc.ca.gov]
  10. Public Hearing on Revised Preliminary Recommendation on San Francisco Bay Plan Amendment No. 1-08 Concerning Climate Change
    The Commission will hold a public hearing for a revised preliminary staff recommendation for Bay Plan Amendment No. 1-08, which proposes to address climate change by adding a new findings and policies section on climate change and updating the findings and policies in the Bay Plan Safety of Fills, Tidal Marshes and Tidal Flats, Shoreline Protection, Mitigation, and Public Access policy sections. On May 7, June 4, and July 16, 2009 the Commission held public hearings for Bay Plan Amendment No. 1-08, and staff held three public workshops on September 15, 16 and 17, 2009 to gather additional public input. It is possible that the Commission may close the public hearing after this meeting.
    (Joe LaClair) [415/352-3656 joel@bcdc.ca.gov]
  11. Public Hearing for Proposed San Francisco Waterfront Special Area Plan Amendment 1-09 Concerning Fill Removal Requirement between Pier 15 and Pier 17 [ 251KB]
    The Commission will hold a public hearing for a proposed amendment to the San Francisco Waterfront Special Area Plan that would allow the rentention of a portion of the valley and non-historic shed additions between Pier 15 and Pier 17 and require that the fill that is not removed at this location be offset by removal at another location along the San Francisco waterfront. Materials for this item were mailed on October 1, 2009.
    (Lindy Lowe) [415/352-3642  lindyl@bcdc.ca.gov]
  12. New Business
  13. Old Business
  14. 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.