October 19, 2017 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Board Room, First Floor
San Francisco, CA 94105
(415) 778-6700

[ Map and Directions ]

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 5, 2017 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; ethan.lavine@bcdc.ca.gov]
  8. Public Hearing and Possible Vote on the Installation of a New Public Pavilion Enclosure System at the Franklin Street Plaza by Scott’s Jack London Seafood Inc., and the Port of Oakland, at Jack London Square, in the City of Oakland, Alameda County; BCDC Permit Application No. 1985.019.11B (Material Amendment No. Eleven)
    The Commission will hold a public hearing and possibly vote on an application for a material amendment to BCDC Permit No. 1985.019.09B by Scott’s Jack London Seafood Inc. and the Port of Oakland. The application includes the replacement of the authorized public pavilion enclosure system with a new enclosure system, and the addition of several other structures within and adjacent to the pavilion that is part of the Franklin Street Plaza, located at Jack London Square, Oakland. The project would result in a reduction of 418 square feet of existing required public access that is proposed to be offset by installing additional public access improvements at the Franklin Street Plaza. This application arises out of an enforcement action (Cease and Desist and Civil Penalty Order No. CDO 2017.01 issued to Scott’s Jack London Seafood Inc., on April 7, 2017).
    (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]
    Exhibits // Staff Recommendation // Exhibits - Scott’s Material Amendment No. Eleven // Public Comment // Presentation // Additions and Changes to Staff Recommendation

  9. Briefing on Possible Caltrans Proposal to Retain Five Piers of the Former East Span of the San Francisco-Oakland Bay Bridge
    The Commission will receive a briefing from the California Department of Transportation (Caltrans) on a possible proposal to retain five marine foundations of the former East Span of the San Francisco-Oakland Bay Bridge (Piers E2 and E19 through E22) that are currently required to be removed as mitigation for the placement of fill for the new East Span of the Bay Bridge per BCDC Permit No. 2001.008.41. Three of the piers would serve as public access and the other two piers would be preserved for historical and ecological habitat value.
    (Tinya Hoang) [415/352-3622; tinya.hoang@bcdc.ca.gov]

  10. 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.