August 4, 2016 Revised Commission Meeting

1:00 pm
Port of San Francisco Board Room
Ferry Building Second Floor
San Francisco, CA 94111
(415) 983-8030

N O T E : Agenda Item 11 will be taken up before Agenda Item 8

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 strongly 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.
    (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]

  4. Approval of Minutes of June 16, 2016 Meeting
    (Sharon Louie) [415/352-3638; sharon.louie@bcdc.ca.gov]

  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Jaime Michaels) [415/352-3613; jaime.michaels@bcdc.ca.gov

  1. Briefing on Exemptions from Commission Permit Requirements or Standards of Approval
    The Commission will receive a briefing from its Chief Counsel describing various exemptions from Commission permit requirements or standards of approval that are established by statute or regulation or that the Commission has recognized in the past.  The briefing will also identify some of the issues that may be presented for consideration by the Commission and staff when an exempt structure or project reaches, or nears the end of, its useful life and a property owner proposes to make substantial repairs to or completely replace the previously exempt structure or project.
    (Marc Zeppetello) (415/352-3655; marc.zeppetello@bcdc.ca.gov)

  1. Public Hearing on Daxa Patel’s Application for BCDC Permit Application No. 2016.003.00 for Construction of a Hotel and Parking Structure located at 2350 Harbor Bay Parkway, in the City of Alameda, Alameda County
    The Commission will hold a public hearing on a permit application to construct an approximately 17,000-square-foot, five-story hotel, an approximately 4,059-square-foot, two-story enclosed parking structure, and a surface parking lot, partially within the Commission’s 100-foot shoreline band jurisdiction. The proposed project would provide approximately 0.23 acres of new public access areas, including a 345-foot-long shoreline trail, two shoreline access pathways, benches, lighting features, a new sidewalk, four bicycle parking spots, and off-site landscape improvements.
    (Jhon Arbelaez-Novak) [415/352-3649; jhon.arbelaez@bcdc.ca.gov]

  2. Commission Consideration of Proposed Findings to Deny the Grand Marina Village Owners’ Association’s Application for Material Amendment to BCDC Permit No. 1983.005
    The Commission will consider and may vote on proposed findings to support its decision to deny the Grand Marina Village Owners’ Association’s application for material amendment to BCDC Permit No. 1983.005.11.
    (Ethan Lavine) (415/352-2618; ethan.lavine@bcdc.ca.gov)

  3. Public Hearing and Vote on a Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.001; Trux Airline Cargo Services and the City of South San Francisco // Pre Settlement Staff Recommendation
    Due to a lack of quorum on July 21, 2016, the Enforcement Committee was unable to hold a public meeting on the recommended enforcement decision and no action was taken. Therefore, the Commission will hold the first and only public hearing and vote on the recommended enforcement decision including the proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.001 that would be issued to Trux Airline Cargo Services and the City of South San Francisco for alleged violations at the Park SFO parking structure, located at 195 North Access Road, in the City of South San Francisco, San Mateo County. The recommended enforcement decision would require the respondents to: (1) comply with Special Condition Nos. II.B.2 (Public Access Permanent Guarantee), II.H.1 (Open Space Permanent Guarantee), and II.B.6 (Public Access Maintenance) of BCDC Permit No. 1998.011.04; and (2) pay a civil penalty of $210,000, with $10,000 of the penalty amount suspended for timely compliance with the requirements of the Order.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]

  1. 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.