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September 1, 2011 Commission Meeting Notice

September 1, 2011
1:00 pm
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 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.
    (Will Travis) [415/352-3653 travis@bcdc.ca.gov]
  4. Approval of Minutes of August 4, 2011 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 [ adobe 136KB ]
    (Bob Batha) [415/352-3612 bobb@bcdc.ca.gov]
  8. Public Hearing Regarding Bay Plan Amendment No. 1-08 Which Would Revise Various Sections of the Bay Plan to Address Climate Change and Add a New Climate Change Section
    The Commission will hold a public hearing on Bay Plan Amendment No. 1-08 which would revise various sections of the Bay Plan to address climate change and add a new Climate Change section to the San Francisco Bay Plan. The proposed findings and policies in staffs revised (fourth) preliminary recommendation include changes to the tidal marsh and tidal flats, safety of fills, shoreline protection, and public access policy sections, and a new climate change section, and are based on the draft staff report, Living With a Rising Bay, which was published on April 7, 2009. The revised preliminary recommendation reflects feedback from the Commission and the public at the October 7, October 21, November 2, November 4, November 18, December 2 and December 16, 2010 public hearings, and subsequent consultations with the public. The revised (fourth) preliminary recommendation was mailed on July 30, 2011, and is available on the Commissions website. (Joseph LaClair 415 352-3656 joel@bcdc.ca.gov)
  9. Closed Session to Discuss Litigation Against John M. Asuncion and the Blue Whale Sailing School, affecting properties in and near Alviso Slough, in the City of San Jose, Santa Clara County
    Pursuant to California Government Code Section 11126(e), the Commission will hold a closed session to discuss implementation of the Amended Default Judgment issued against Defendant John M. Asuncion and the Blue Whale Sailing School, which was entered by the Santa Clara County Superior Court on January 31, 2011. The judgment requires Mr. Asuncion to immediately comply with Cease and Desist and Civil Penalty Order No. CCD 3-09, by removing all unauthorized fill located in and adjacent to Alviso Slough from private property owned by Mr. Asuncion and public property owned by the Santa Clara Valley Water District and by the State of California. Additionally, the Judgment requires Mr. Asuncion to pay the originally assessed administrative penalty of $30,000 and an additional penalty in the amount of $396,000.
    (Adrienne Klein) [415/352-3609 adriennek@bcdc.ca.gov]
    (John Bowers) [415/352-3610 johnb@bcdc.ca.gov]

  10. New Business
  11. Old Business
  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.

Internet Access to Commission Meeting Material. Public notices of Commission meetings and staff reports dealing with most matters on the meeting agendas can be found on BCDC's website by selecting the date of the meeting after logging onto www.bcdc.ca.gov.

Questions and Staff Reports. If you have any questions concerning an item on the agenda or would like to receive notice of future hearings, or staff reports related to the item, please contact the staff member whose name, email address 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.