May 20, 2010 Commission Meeting Notice

May 20, 2010
1:00 pm
Metro Center Auditorium
101 Eighth Street
Oakland, CA
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 March 4, 2010 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 Consistency Determination No. CN 2-10, U.S. Army Corps of Engineers Maintenance Dredging [ 6.2MB ] Staff Recommendation [ 445KB]
    The Commission will hold a public hearing and may vote on the U.S. Army Corps of Engineers’ consistency determination for maintenance dredging of an estimated 6.5 million cubic yards of sediment from the federal channels during the three-year period from 2010 to 2012 and disposal and/or beneficial reuse of the sediment at various in-Bay disposal sites, the San Francisco deep ocean disposal site, and approved upland sites adjacent to the Bay. (Jessica Hamburger) [415/352-3660 jessicah@bcdc.ca.gov]
  9. Public Hearing and Vote on Permit Application No. 3-09 from Lennar Mare Island, LLC and Allied Defense Recycling for the proposed reuse of Drydocks Two and Three on Mare Island, in the City of Vallejo, Solano County [ 1.7MB ] Staff Recommendation [ 316KB]
    The Commission will hold a public hearing and may vote on a permit application to operate a full-service ship repair facility to maintain, repair, and dismantle ships, including some of the mothball fleet. Proposed activities include maintenance dredging of 600,000 cubic yards, removing four existing buildings, installing a parking lot, cranes, and storage containers, and operating, repairing and maintaining in kind. Several mitigation measures are proposed to offset the projects potential adverse impacts on fish, including habitat creation, removing a barrier to fish migration, and various restrictions to operations of Drydocks Two and Three, including ancillary facilities. (Karen Weiss) [415/352-3669 karenw@bcdc.ca.gov]
  10. Public Hearing and Vote on Strategic Plan [ 141KB ]
    The Commission will hold a public hearing and may vote to formally adopt the updated strategic plan, which was developed by the consensus of the Commission members who attended a strategic planning workshop on April 29, 2010. (Caitlin Sweeney) [415/352-3643 caitlins@bcdc.ca.gov]
  11. Commission Consideration of Pending Legislation [ 134KB ]
    The Commission will hold a public hearing and may vote on whether to support federal legislation H.R. 5061, the San Francisco Bay Improvement Act of 2010, proposed by Congresswoman Jackie Speier, which would establish a program in the U.S. Environmental Protection Agency to fund projects that further the protection, restoration and enhancement of the Bay. (Steve Goldbeck) [415/352-3611 steveg@bcdc.ca.gov]
  12. Consideration of Resolution on America’s Cup Race [ 196KB ]
    The Commission will consider adopting a resolution of support for holding the next America’s Cup races in San Francisco Bay. (Caitlin Sweeney) [415/352-3643 caitlins@bcdc.ca.gov]
  13. Closed Session to Discuss Litigation of 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 will hold a closed session to discuss possible referral of Cease and Desist and Civil Penalty Order No. CCD 3-09 to the Office of the Attorney General for commencement, pursuant to McAteer-Petris Act Sections 66640 and 66641, of litigation to enforce the Order and to seek penalties for violation of the Order. The Order requires Mr. Asuncion to either submit a fileable application by March 4, 2010 and subsequently obtain a BCDC permit or remove illegal fill and uses by April 3, 2010. Additionally, the Order requires Mr. Asuncion to pay an administrative civil penalty of $30,000 by April 30, 2010. The property subject to the 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]
  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.