December 3, 2009 Commission Meeting Notice

December 3, 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 December 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 Proposed San Francisco Waterfront Special Area Plan Amendment 1-09 Concerning Fill Removal Requirement between Pier 15 and Pier 17 230 KB
    The Commission will vote on 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. The Commission held a public hearing on this item on November 5, 2009. (Lindy Lowe) [415/352-3642 lindyl@bcdc.ca.gov]
  9. Public Hearing and Vote on the Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CCD 3-09; John M. Asuncion, Blue Whale Sailing School 536 KB
    The Commission will hold a public hearing and vote on a proposed enforcement decision, including proposed Commission Cease and Desist and Civil Penalty Order No. CCD 3-09, that would be issued to John Asuncion, Blue Whale Sailing School, for alleged violations of the McAteer-Petris Act. Under the proposed enforcement order John Asuncion would have to obtain a BCDC permit for the placement of fill within and change in use of the Commission’s jurisdiction or remove the fill and uses and pay an administrative civil penalty of $30,000, $15,000 of which would be stayed for compliance with the terms of the order. The property subject to this proposed order is located in the town of Alviso, in the City of San Jose, Santa Clara County. (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov]
    (John Bowers) [415/352-3610 johnb@bcdc.ca.gov]
  10. Closed Session on the Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CCD 3-09; John M. Asuncion, Blue Whale Sailing School
    Pursuant to California Government Code Section 11126(c)(3), the Commission may hold a closed session to consider this matter (See Agenda Item No. 9). (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov]
    (John Bowers) [415/352-3610 johnb@bcdc.ca.gov]
  11. Workshop and Possible Action Regarding Proposed Bay Plan Amendment No. 1-08 Concerning Climate Change
    The Commission will conduct a public workshop to discuss how the proposed findings and policies to address climate change in Bay Plan Amendment No. 1-08 will apply to projects. The public will have an opportunity to comment and the Commission may provide further guidance to staff. (Joseph LaClair) [415/352-3656 joel@bcdc.ca.gov]
  12. Briefing on Web-GIS Decision Support Tool 107KB
    The Commission will receive a briefing by the staff on the new internal web-GIS tool, the Bay Area Resource and Analysis Tool. The new GIS support tool, designed and developed with staff input, allows staff from their desktops to access a wide array of spatial data, perform spatial analysis and develop custom made maps.
    (Tim Doherty) [415/352-3667 timd@bcdc.ca.gov]
  13. Consideration of Strategic Plan Status Report 245KB
    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]
  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.