November 3, 2016 Commission Meeting

1:00 pm
Port of San Francisco Board Room
Ferry Building Second Floor
San Francisco, CA 94111
(415) 274-0400

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 October 6, 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

  8. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.03; Scott’s Jack London Seafood, Inc., and the Port of Oakland
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision including the proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.03 that would be issued to Scott’s Jack London Seafood, Inc., and the Port of Oakland to resolve alleged violations at the Public Pavilion at Scott’s Seafood Grill and Bar, located within Jack London Square in the City of Oakland, Alameda County. The recommended enforcement decision would generally require: (1) removal of certain unauthorized structures within 15 and 75 days of November 3, 2016; (2) permit amendment applications to authorize modifications to the pavilion and improve public access in Jack London Square’s Franklin Street Plaza within 56 days of November 3, 2016; (3) if desired by the permittees, a permit amendment application to simplify the authorization for shared public and private use of the pavilion within 56 days of November 3, 2016; (4) payment of a $250,000 penalty within 14 days of November 3, 2016; and (5) payment of established non-appealable fines for missing any order deadlines. The recommended enforcement decision would also allow the permittees to request a permit amendment to increase private use of the pavilion from 73 days per year to a maximum of 124 days per year, 20 of which would be for non-profit events.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]

  9. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.04; Marina Village Associates, LLC
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision including the proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.04 that would be issued to Marina Village Associates, LLC to resolve alleged fill and public access violations at Loch Lomond Marina located at 110 Loch Lomond Drive, in the City of San Rafael, Marin County. The recommended enforcement decision would require Marina Village Associates, LLC within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of BCDC Permit No. 2006.010.03; (2) remove unauthorized items located in the Bay and shoreline band that cannot be authorized after-the-fact; (3) apply for after-the-fact authorization for unauthorized activities in the Bay and shoreline band; (4) submit an engineering report that evaluates: (a) the frequency, duration, and extent of tidal flooding and post-flooding standing water in the public access area; and (b) potential alternatives to reduce tidal flooding and post-tidal standing water in this area; and obtain authorization to implement recommended flood control measures; (5) pay a civil penalty of $210,000; and (6) pay established penalties for late compliance with any deadlines. 
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]

  10. Public Hearing and Possible Vote on Updated Commission Guidelines for Access to Public Records
    The Commission will hold a public hearing and possibly vote on updated Commission Guidelines for Access to Public Records.  Government Code Section 6253.4(a) requires certain state agencies, including the Commission, to establish written guidelines for accessibility of public records.  The Commission adopted its current Guidelines for Access to Public Records in May 2006.  The Commission will consider and may adopt updated Commission Guidelines for Access to Public Records prepared by BCDC’s Chief Counsel. 
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]

  11. Briefing on Alameda Point Redevelopment
    The Commission will receive a briefing from Jennifer Ott, the Chief Operating Officer for Alameda Point for the City of Alameda, on the planned redevelopment of the former Naval Air Station into a mixed-use neighborhood, nature preserve, and shoreline park.
    (Ethan Lavine) [415/352-2618; ethan.lavine@bcdc.ca.gov]

    Presentation

  12. 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.