August 17, 2006 Commission Meeting Notice

August 17, 2006
MetroCenter Auditorium
101 Eighth Street, Oakland
(510) 464-7700
[ map ]

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]

4. Approval of Minutes of July 20, 2006 Meeting
(Mamie Lai) [415/352-3639]

5. Report of the Chair

6. Report of the Executive Director

7. Commission Consideration of Administrative Matters
(Steve McAdam) [415/352-3614]

8. Public Hearing on Proposed Bay Plan Amendment 2-06 to Update the San Francisco Bay Plan Recreation Findings and Policies, the Bay Plan Map Notes, Policies and Suggestions and Resolution 16
The Commission will hold a public hearing on a staff report and preliminary recommendation for proposed Bay Plan Amendment 2-06 concerning revisions of the Bay Plan Recreation findings and policies. The proposed revisions reflect changes and future projections in Bay Area demographics, recreational activities and pressing management challenges faced by recreational providers. The proposed Bay Plan Amendment would also update the Bay Plan map notes, policies and suggestions, and Resolution 16 that pertains to recreation and waterfront park, beach priority use areas. The staff report and preliminary recommendation for the proposed amendment, as a well as a staff background report entitled Recreation and San Francisco Bay were mailed to Commissioners and interested parties on July 7, 2006.
(Joe LaClair) [415/352-3656]

9. Public Hearing and Vote to Ratify the Issuance of a Non-Material Amendment to BCDC Permit No. 6-91 (Amendment No. Eight): Paradise Cay Marina, Marin County
The Commission will hold a public hearing and may vote to ratify the issuance of a non-material amendment to BCDC Permit No. 6-91 (Amendment No. Eight) by the Executive Director. The proposed amendment would: (a) reduce the total amount of Bay fill authorized for floating docks and gangways at the Paradise Cay Marina based on a reconfiguration of the marina that results in fewer, but larger, boat berths; (b) allow for the temporary use of a portion of a parking lot as a storage and assembly yard during the construction of the marina; and (c) include changes to respond to a current enforcement action (see Agenda Item No. 10).
(Ming Yeung) [415/352-3616]

10. Public Hearing and Vote on a Recommended Enforcement Decision Concerning Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 1-06; Thomas J. Moseley and K.M.C. Inc. (Paradise Cay Marina)
The Commission will hold a public hearing and may vote on a recommendation from the Commission's Enforcement Committee to issue proposed Cease and Desist and Civil Penalty Order No. CCD 1-06 concerning alleged violations at Paradise Cay Marina in Marin County by Thomas J. Moseley and K.M.C. Inc., (collectively the "respondents"). The proposed order would require respondents to: (a) comply with the terms and conditions of BCDC Permit No. 6-91, as amended through Amendment No. Eight, that would include changes to address the outstanding alleged violations; and (b) be subject to $37,400 in civil penalties, $13,500 of which would be due within 30 days of the issuance of the order, and $23,900 of which would only be due if the respondents do not comply with the terms and conditions of the order.
(Jonathan Smith) [415/352-3655]
(Ming Yeung) [415/352-3616]

11. Closed Session to Deliberate on a Recommended Enforcement Decision Involving the Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 1-06; Thomas J. Moseley and K.M.C. Inc.
Pursuant to California Government Code Section 11126(c)(3), the Commission may hold a closed session to consider Agenda Item 10 above.
(Jonathan Smith) [415/352-3655]
(Ming Yeung) [415/352-3616]

12. Consideration of Strategic Plan Status Report
The Commission will consider a status report on the progress being made in meeting the objectives contained in the strategic plan adopted on October 20, 2005. 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]

13. New Business

14. Old Business

15. 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.