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E As Exhibit E, attach any photographic or written evidence showing that filling or diking or both had begun prior to September 17, 1965, and indicating the amount of any fill that had been placed and the extent of any dikes that had been constructed.
F As Exhibit F, attach a copy of each permit, approval, disapproval, letter of permission, or other written evidence of action taken by each governmental agency, such as the Corps of Engineers, the City or County, the State Lands Commission, etc., having jurisdiction over the project claimed to be exempt or for which a vested right is claimed; or if no action was taken by a governmental agency having jurisdiction, an explanation of why.
G. As Exhibit G, attach a map showing the physical relationship of the property and any area filled or to be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, triangulation points, U.S. pierhead and bulkhead lines, etc.
CERTIFICATION
I understand that further information may be required in the course of the proceedings on this claim, and I declare under penalty of perjury that the information in this application and all accompanying exhibits, and any further information and exhibits furnished by me to the Commission supplementing this application, is and will be, to the best of my knowledge, true and correct. I further understand that any material misstatement or omission of fact may be grounds for reopening proceedings on any claim recognized by the Commission.
Executed in the County or City and County of __________________
on ____________________________________________________________
______________________________
Claimant
Appendix K
Appendix K
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
30 Van Ness Avenue, Room 2011
San Francisco, California 94102
TO BE FILLED IN BY BCDC
1. Claim Number: ________________________
2. Date Claim Filed: ____________________
3. Date Claim Mailed to Other ___________
Agencies: ____________________________
4. Date of Hearing: _____________________
================================================================
CLAIM OF EXEMPTION
(PUBLIC RESOURCES CODE SECTION 29,507)
This form is designed to obtaion sufficiently detailed information about the project claimed to be exempt from BCDC permit requirements so that the Commission can determine the validity of the claim and the scope of the project. The questions relate to (1) the law under which the Commission operates (Government Code, Title 7.2 and Public Resources Code, Division 19) with special reference to Public Resources Code Section 29507, (2) the Commission's procedural regulations, especially Sections 10910 through 10921 which will apply (see Public Resources Code Section 29520(a)) and (3) the relevant case law, in particular BCDC v. Emeryville, 69 Cal. 2d 533, the leading case in the matter of exemptions from BCDC permit requirements. Copies of all three are available at the Commission's office, and the Commission's staff can help explain them as they affecr any particular claim.
________________________________________________________________
THE CLAIMANT:
1. Name: _______________________________________________________
2. Address: _________________________ Telephone: _______________
3. Representative: __________________ Telephone: _______________
If the claimant is a government entity, a partnership or a corporation, attach a document indicating that the person who signs the claim has been authorized to act on behalf of the claimant in all matters concerning the claim. Mark the document Exhibit A.
PROJECT LOCATION AND OWNERSHIP:
5. County(ies): ________________________________________________
6. City(ies): __________________________________________________
7. Street Address and Assessor Parcel Number(s): _______________
8. Total area involved ________ acres. Of this, the area covered by water at some or all times of the year is ____________ acres, the area covered by a typical salt pond and the brackish marsh vegetation is ____________acres, and the area managed for duck hunting or game preserve purposes is _____________ acres.
9. One sentence description of the projuect claimed to be exempt:
_____________________________________________________________
_____________________________________________________________
10. Attach a legal description of all property involved in the claim with a map shoeing lot lines, easements, major utilities, etc., and a document indicating the claimant's legal interest in the propety. Mark the documents Exhibit B.
PROJECT DESCRIPTION:
11. List all governmental approcals which have been obtained (including permits issued by BCDC, all local permits, federal agency approval, etc.) List the date of approval and describe the type of approval.
12. List any governmental approvals which have not yet been obtained and anticipated dates of approval.
13. List any conditions to which the approvals are subject and date on which the conditions were satified or are expected to be satisfied.
14. Fully describe the project for which vested rights are claimed. This description must specify the nature and extent of work and uses in progress or completed, including: (a) date each portion commenced (e.g, each use, filling, dredging, etc.); (b) governmental approval pursuant to which each portion was commenced; (c) portions completed and date of completion of each portion: (d) status of each portion on January 1,1978; (e) status of each portion on date of claim; and (f) amounts of money expended on portions of work both completed or in progrss, excluding expenses in obtaining governmental appovals.
15. Describe any changes or revisions in the project or the site which have been made subsequent to commencement of the project.
16. Describe those portions of the project remaining to be constructed.
17. List the amount and nature of any liabilities incured that are not covered above and dates incurred. List any remaining liabilities to be incurred and dates when these are anticipated to be incurred.
18. State the expected total cost of the project, excluding expebses incurred in securing any necessary gorvenmental approval.
19. Is the project planned as a series of phases or segments? If so, explain.
20. When is it anticipated that the total project would be completed?
EXHIBITS:
A and B (Exhibits A and B are described in the first section of the form entitled "THE CLAIMANT")
C. SITE PLAN. Attach one drawing , 8 1/2 by 11 inches in size and suitable for reproduction with a graphic bar scale and north arrow, showing all aspects of the project for which vested rights are claimed. Indicate areas that have been filled, diked or dreged with dates and areas that remain to be filled, dredged or diked.
D VICINITY MAP. The vicinity map must show where the work would be done in relation to the surrounding area, including major highways, the Bay, other waterways. and important geographic features. The map should provide enough information to allow a person unfamiliar with the area to find the site from the nearest well-known boulevard or freeway.
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT/PROJECT STATUS. Any envirnmental impact report or negative declaration prepared for the project must be submitted. If no document was prepared, explain why no document was nesessary.
F. PRIOR APPROVALS. Attach a copy of each permit, approval, disapproval, letter of persmission, or other written evidence of action taken by each governmental agency other than this agency having jurisdiction over the project for which a vested right is claimed; or if no action was taken by a gorvenmental agency having jurisdiction, an explanation of why.
CERTIFICATION:
I understand that further clarifying information may be required in the course of the proceedings on this claim, and I declare under penalty of perjury that the information in this application and all accompanying exhibits, and any further information and exhibits furnished by me to the Commission supplementing this application is, and will be, to the best of my knowledge, true and correct. I further understand that any material misstatement or omission of fact may be grounds for reopening proceedings on any claim recognized by the Commission.
Executed in the County or City and County of ___________________
on _____________________________________
________________________________________________________________
Claimant
Appendix L
Appendix L
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
Thirty Van Ness Avenue, Room 2011
San Francisco, California 94102
Telephone: (415) 557-3686
TO BE FILLED IN BY BCDC
1. Appeal Number: __________________
2. Filed: __________________________
3. Notice Received: ________________
4. Twenty-First Day: _______________
5. Forty-Second Day: _______________
6. Staff Assigned __________________
================================================================
APPEAL FROM MARSH DEVELOPMENT PERMIT DECISION OF LOCAL GOVERNMENT
APPELLANT(S):
1. Name(s), address(es), and telephone number(s) of appellant(s):________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
2. Name(s), address(es), and telephone number of appellants' representative, if any:
________________________________________________________________
________________________________________________________________
3. The local governmental action was taken by___________________. The action was taken on ___________________________and is or is not final (circl one). If the action in not final, an appeal may be taken to ___________________________ within __________days of _________. The knowledgable local official is__________________________ who may be contacted at__________________.
4. Name of development and Marsh Development Permit Number, if any:________________________
________________________________________________________________
6. Brief description of development location (city or county, nearest rods, etc.):________________
________________________________________________________________
________________________________________________________________
7. Describe the marsh development permit action of the local government (e.g., approcal, approval with conditions, etc.):_________
________________________________________________________________
________________________________________________________________
8. Attach a complete, but brief, statement of facts explaining and substantiating why the proposed development does not conform with the certified Suisum March Local Protection Program or Program Component. The statement should refer to all applicable policies, ordinances, and regulations by name and page number. The appellant must demonstrate to the Commission that the appeal raises a substantial issue. The Commission shall hear an appeal unless it determines that the appeal raises no substantial issue as to conformity of the proposed development with the provisions of the certified Suisun Marsh Local Protection Program. [FNa1]
[FNa1] The Suisun Marsh Preservation Act provides that the Commission must hear an appeal if a substantial issue of compliance exists with either the Marsh Act, the Marsh Plan, or the certified Local Protection Program. However, the Act also provides that the Commission must issue a marsh development permit on appeal unless a substantial issue of compliance exists with the certified Local Protection Program. Therefore, this appeal form stronly excourages an appellant to limit his or her discussion and analysis to issues of compliance with the certified Local Protection program.
CERTIFICATION:
I declare that the foregoing is true and correct to the best of my knowledge and I understand that any misstatement or omission of the information requested may be grounds for rejection of this appeal.
Dated: _____________ __________________________________________
(Signature of appellant or representative
Appendix M
Commission Permit Application Fees July 9, 2004
(a) All applicants for a Commission permit, permit amendment or amendment to an application shall submit as part of the application an application fee as identified in the following sections.
(b) The following permit application fees shall be effective until December 31, 2004 or until the Executive Director calculates the following year's fees under subsection (c), whichever is later.
Type of Permit Application Application Fee
Abbreviated Regionwide Permit $160
Regionwide Permit $320
First Time Extension for any permit $160
Nonmaterial Amendment to permit, including Subsequent
Time Extension $320
Material Amendment to permit Same as for first time
application
Material Amendment to application 75% of original
application fee
Emergency Permit Same as for project as
if not an emergency
Minor Permit with a total project cost (TPC) of:
(1) less than $300,000 $480
(2) $300,000 to $10 million 0.16% of TPC
(3) more than $10 million $16,000
Major Permit with a total project cost (TPC) of:
(1) less than $250,000 $800
(2) $250,000 to $10 million 0.32% of TPC
(3) more than $10 million $32,000
(c) Calculation of Permit Fees for Subsequent Years
(1) No earlier than July 1 and no later than October 1 of each year, the Executive Director shall calculate the permit application fees that will apply to applications received in the following calendar year.
(2) The permit application fees shall be calculated in the following way:
(A) Calculate the target revenue that is 20 percent of the Commission's total regulatory program costs, as defined in subsection (3), for the current state fiscal year.
(B) Calculate the previous revenue that is the sum of all permit application fees received in the previous fiscal year.
(C) Calculate the adjustment factor by dividing the target revenue by the previous revenue.
(D) Adjust the permit application fees by multiplying each fee by the adjustment factor.
(3) The "total regulatory program costs" shall be based on the amount of revenue appropriated to support the Commission's regulatory program in the Budget Act for that fiscal year. The total regulatory program costs shall be calculated by: (A) identifying the direct costs for employee compensation, contracts, and equipment and facilities that are allocated to the Commission's permit and enforcement activities; (2) adding to the direct costs the indirect costs such as administrative, legal, and other support allocated to the regulatory program; and (3) subtracting any reimbursements, grants, abatements or other income received to support regulatory program activities.
(4) The adjusted fees shall be effective on January 1 of the following calendar year and shall remain effective for twelve months or until the Executive Director calculates the following year's fees, whichever is later. All calculated figures shall be rounded up to the nearest dollar.
(d) Total Project Cost.
(1) "Total project cost," means all expenditures, including the cost for planning, engineering, architectural, and other services, made or to be made for designing the project plus the estimated cost of construction of all aspects of the project both inside and outside the Commission's jurisdiction.
(2) The Commission shall use the cost stated by the applicant in the application to BCDC to determine the total project cost unless the Executive Director determines that the amount stated does not appear to include the total project or to reflect accurately all project costs.
(3) Whenever the Executive Director determines that the stated project cost does not appear to include the total project or to reflect accurately all project costs, he or she shall return the application unfiled and state his or her reasons for concluding that the total project is not included or why the stated cost does not accurately reflect all project costs or the Executive Director shall hold the application unfiled until the applicant verifies the total cost figures by having an estimator selected by the Executive Director and prepaid by the applicant review and certify as complete and accurate all project costs.
(e) Fees for Projects Involving More than One Category. Projects involving two (2) or more categories, (i.e., shoreline construction and filling as part of one (1) project), will not be charged the total of the fees that would be due if each part of the project were considered as a separate application. Rather, the fee is the single amount due under highest fee category into which the project falls.
(f) When Fees are to be Paid. All fees shall be paid before the Commission files a permit application. No fees shall be charged for preliminary inquiries and requests for information prior to the filing of an application.
(g) Refunds.
(1) A $100 refund of an administrative permit application fee shall be made if the application is withdrawn prior to the mailing of the administrative listing for the application. No refund shall be made for an administrative permit application after listing.
(2) For all other fees, the first $200 hundred dollars is not refundable and the remainder shall be refunded if the application is withdrawn prior to mailing notice of a public hearing either on whether the application is complete or on whether the project is consistent with the applicable Commission policies but shall not be refunded after the notice of the public hearing has been mailed.
(h) Fees in Special Circumstances.
(1) The fee for resubmitting an application that had earlier been denied by the Commission or withdrawn by the applicant before a Commission vote shall be seventy-five percent (75%) of the fee that would be charged for a new application covering the same work. Such fee shall be in addition to the fee charged for the original application.
(i) Fees for Applications Arising from an Enforcement Investigation.
(1) The Commission shall double all relevant application fees if the Executive Director determines that the applicant submitted the application in response to an investigation by the staff or the Commission of a possible violation of the McAteer-Petris Act, the Suisun Marsh Preservation Act, or the terms or conditions of a permit.
(2) Applications shall be presumed to have arisen out of an enforcement investigation if the staff prepared a written enforcement report prior to the applicant presenting the application for filing.
(j) Appeal of Fee Determination.
(1) Any person who believes a fee charged is not correct under these regulations may appeal to the Commission any objection that the applicant, the Executive Director, and the Chair cannot resolve.
(2) Pending resolution of the amount of the fee, the applicant shall pay the fee that the Executive Director assesses and shall file a letter explaining why the fee is incorrect.
(3) When an applicant appeals a fee, the Commission shall determine the correct fee at the time it votes on the application or at the time for commenting on the administrative listing, whichever applies. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(b), Government Code; and Section 29520(b), Public Resources Code.
Appendix N
Application Checklist
Applicant Information
Note: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66632(b) and (f) and 84308, Government Code; Sections 21080.5, 21082 and 29520, Public Resources Code; and San Francisco Bay Plan.
s 11810. Prohibition Against Unlawful Practices.
(a) No person or entity seeking the award of a contract for consultant services pursuant to this chapter shall offer any rebate, kickback, or other unlawful consideration to any Commission member or Commission staff member.
(b) No Commission member of Commission staff member shall accept any rebate, kickback, or other unlawful consideration in connection with the process of selecting a Commission consultant pursuant to this chapter.
(c) No Commission member or Commission staff member shall participate in any way in the selection of a Commission consultant pursuant to this chapter if the Commission member or Commission staff member has a "financial interest" in the person or entity seeking the consultant contract.
(d) The Executive Director shall give notice to all Commission members and Commission staff members on January 2 of each year that state law prohibits those Commissioners and Commission staff members who participate in the award of any consultant contract pursuant to this chapter from receiving any form of rebate, kickback, or other unlawful consideration from any person or entity who seeks such a contract or from having a "financial interest" in any person or entity who seeks such a contract.
(e) The Executive Director shall also ensure that any request for an annual statement of qualifications and performance data published pursuant to section 11830 of this chapter, any request for a statement of qualifications and performance data published pursuant to section 11850 of this chapter, and the contract itself shall also include language that specifically prohibits any form of rebate, kickback, or other unlawful consideration and that prohibits any person who has a financial interest in the outcome of the selection process from participating in the selection process in any way.
Note: Authority cited: Section 66632(F), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
s 11820. List of Small Businesses That Provide Services in the Following Areas: Architecture, Landscape Architecture, Engineering, Land Surveying, Environmental Services, or Construction Project Management.
(a) The Executive Director shall prepare as of January 1, 1995 and shall update biannually thereafter a list of small businesses as defined by the Director of General Services under Cal. Govt. Code section 14837 that provide any one or more of the following services generally within the Commission's jurisdiction: architectural, landscape architectural, engineering, land surveying, environmental services, or construction project management.
(b) The Executive Director shall mail at least 60 days prior to January 1, 1995 and thereafter at least 60 days prior to the date of the biannual update an announcement of his or her intent to prepare or update the list. The announcement shall include a description of the information required by subsection (c) to be included on the list. The Executive Director shall mail the announcement to all persons or entities that he or she believes may be interested in being included on the list and shall also cause the announcement to be published at least 60 days prior to January 1, 1995 and at least 60 days thereafter prior to the date of the biannual update in each and every publication listed in section 11830(c).
(c) Each small business who wants to be listed by the Executive Director pursuant to subsection (a) shall provide the following information in writing to the Executive Director: (1) the name, address, and telephone number of the person or entity responding, (2) the area or areas of expertise of the person or entity responding, (3) the name of a contact person at the person or entity responding, and (4) a declaration under penalty of perjury that the person or entity qualifies as a small business as that term is defined under Cal. Govt. Code section 14837.
(d) The Executive Director shall add to the list required by subsection (a) any person or entity who establishes at any time that the person or entity qualifies as a small business, who provides one or more of the services covered by this chapter, and who provides the information required in subsection (c) to be included on the list.
Note: Authority cited: Section 66632, Government Code; Section 29201(e), Public Resources Code. Reference: Section 4526, Government Code.
s 11830. Annual Statements of Qualifications and Performance Data.
(a) Within 30 days of the effective date of these regulations and thereafter prior to December 1 of each year, the Executive Director shall mail a "Request for An Annual Statement of Qualifications and Performance Data" to all of the following persons and entities:
(1) every small business included on the list required by section 11820;
(2) every provider of architectural, landscape architectural, engineering, land surveying, environmental, or construction management services with whom the Commission has had a contract at any time during the past three years; and
(3) every provider of such services who has submitted a statement of qualifications and performance data within the last three years.
(b) The "Request For An Annual Statement of Qualifications and Performance Data" shall contain the following information:
(1) a brief request for a statement of qualifications and performance data and a brief explanation of the reason for the request and how the statement will be used in hiring consultants;
(2) the type of service or services that the statement should cover;
(3) the name, address, and telephone number of the Commission staff member to whom the statement should be directed; and
(4) a request for the specific information required to be included in a statement of qualifications and performance data by section 11860.
(c) No later than December 1 of each year, the Executive Director shall also publish the request for annual statements of qualifications and performance data in the publications of each of the following professional organizations:
(1) for architectural services: the local chapters of the American Institute of Architecture
(2) for landscape architectural services: the American Society of Landscape Architects
(3) for engineering services: California Builder and Engineer
(4) for land surveying services: California Consulting Engineer and Land Surveyor
(5) for environmental services: the American Planning Association, California Chapter; the Association of Environmental Professionals; or the Association of Wetland Scientists
(6) for construction management services: California Builder and Engineer
(d) Any person or entity may submit a statement of qualifications and performance data to the Executive Director at any time and the Executive Director shall add the statement to the list of statements that he or she maintains so long as the statement contains all of the information required by section 11860.
(e) The Executive Director shall keep all statements of qualifications and performance data on file for at least three years.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527, Government Code.
s 11840. Establishment and Announcement of Criteria on Which Consultant Will Be Chosen.
(a) Prior to publishing any request for statements of qualifications and performance data as part of the selection of a consultant pursuant to this chapter, the Executive Director shall establish the criteria that he or she will use to rank the persons and entities who submit a statement of qualifications and performance data or who already have a statement of qualifications and performance data on file.
(b) These criteria shall be in writing and shall be made part of the file for the award of the contract.
(c) The Executive Director shall use only the criteria in determining the relative rankings from highest to lowest of all persons and entities who submit a statement of qualifications and performance data.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
s 11850. Publication and Mailing of Requests for Statements of Qualifications Prior to Selection of a Consultant.
(a) At least 60 days prior to the date on which the Executive Director intends to commence the selection of a consultant pursuant to this chapter, the Executive Director shall mail and publish a request for statements of qualifications and performance data.
(b) The request for statements shall include the following information:
(1) the purpose for which the consultant will be required;
(2) the nature of the specific work that the consultant will perform;
(3) the time frame within which the work must be completed;
(4) the name, address, and telephone number of the staff member to whom inquiries should be directed and to whom statements of qualifications and performance data should be directed to be included in the selection process;
(5) that date by which a statement of qualifications and performance data must be received to be considered in the selection process;
(6) the criteria upon which the ranking of consultants will be made prior to entering into negotiations with the highest ranking consultant; and
(7) the specific information required to be included on a statement of qualifications and performance data as required by section 11860; and
(8) any other information that the Executive Director believes will allow the consultant to perform the required work in an efficient and complete manner.
(c) The Executive Director shall publish the request for statements either in one of the professional society publications listed in section 11830(c) or in at least one other publication of a professional society that represents the discipline from which the Commission seeks a consultant.
(d) The Executive Director shall also mail the request for statements to all of the following persons and entities:
(1) every small business that provides the required consultant services and is included on the list required by section 11810;
(2) every provider of architectural, landscape architectural, engineering, land surveying, environmental, or construction management services with whom the Commission has had a contract at any time during the past three years; and
(3) every provider of such services who has submitted a statement of qualifications and performance data within the last three years.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
s 11860. Contents of a Statement of Qualifications and Performance Data.
A statement of qualifications and performance data shall contain the following information:
(1) the name, address, and telephone number of the person or entity;
(2) the type of service or services that the person or entity provides;
(3) if the statement concerns an entity, the name of the contact person at the person;
(4) a brief summary of all of the following: (1) the professional excellence, demonstrated competence, and specialized experience of the person or entity, (2) the education and experience of key personnel, (3) the current staff workload, (4) the ability of meet deadlines, (5) the nature and quality of completed work, and (6) the reliability and continuity of the entity; and
(5) For those persons or entities submitting a statement of qualifications and performance data for construction project management services, the person or entity shall also provide a summary of the expertise of the individual or entity and the person having on-site responsibilities in all of the following areas: (1) construction project design review and evaluation, (2) construction mobilization and supervision, (3) bid evaluation, (4) project scheduling, (5) cost-benefit analysis, (6) claims review and negotiation, and (7) general management and administration of a construction project.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
s 11870. Discussion of Anticipated Concepts and Relative Utility of Alternative Methods of Approach.
(a) Within 15 working days of the close of the period for receiving statements of qualifications and performance data as stated in the request required by section 11850, the Executive Director shall select three consultants from those who have a complete statements of qualifications and performance data on file and shall notify those selected that the Executive Director wants to meet with the three consultants to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.
(b) Within 15 working days of notifying the three consultants selected pursuant to section 11870(a), the Executive Director shall meet with the representatives of those persons or entities chosen and shall discuss anticipated concepts and the relative utility of alternative methods of approach.
(c) Based on the discussions carried out pursuant to section 11870(b), the Executive Director may modify the criteria on which he or she shall base the ranking of the persons and entities who have submitted statements of qualifications and performance data.
(d) If the Executive Director modifies the criteria on which he or she will base the rankings required by section 11840, the Executive Director shall make those modifications in writing and shall include the modified criteria in the record of the consultant selection process.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
s 11880. Evaluation of Current Statements of Qualifications and Performance Data and Statements Submitted in Response to Request.
(a) No earlier than the date indicated in the request published as required by section 11850, the Executive Director shall evaluate all the statements of qualifications and performance data on file for the discipline from which the Executive Director intends to select a consultant and shall rank each and every consultant for which a complete statement of qualifications and performance data is on file in accordance with the criteria that have been established for this consultant contract.
(b) Each such consultant shall be ranked from the highest to the lowest with a score based on the criteria established for the consultant contract.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.
s 11890. Contract Negotiation.
(a) Within 14 days of ranking of the consultants or longer if needed and if the person or entity is notified in writing of the need for additional time, the Executive Director shall notify the highest-ranking person or entity and shall commence negotiations with that person or entity.
(b) Notice to the highest ranked person or entity shall be in writing and shall include instructions for the negotiations to follow and any other information necessary to understand fully the negotiation process.
(b) The Executive director shall negotiate with the highest ranking firm until either the Executive Director has executed a contract with that person or entity to provide all of the required services at a fair and reasonable price or the Executive Director has determined that he or she is unable to negotiate such a contract.
(c) If the Executive Director determines that he or she cannot negotiate a contract for the required services at a fair and reasonable price with the highest ranked person or entity, the Executive Director shall formally terminate negotiations with that person or entity by providing written notice of termination. The written notice of termination shall be sent by Registered Mail and by regular mail and shall state the fact that the Executive Director has determined that he or she cannot reach an agreement to provide the required services at a fair and reasonable prices and the fact that the Executive Director is therefore terminating negotiations.
(d) If the Executive Director has terminated negotiations with the highest ranked person or entity, the Executive Director shall open negotiations with the next highest ranked person or entity within 15 working days of formal notification of termination of negotiations with the highest ranked person or entity. Negotiations shall continue with the second ranked person or entity until the Executive Director either executes a contract or determines that he or she cannot negotiate such a contract at a fair and reasonable price.
(e) This process shall be continued with the third, four, fifth, etc. highest ranked person or entity until the Executive Director can reach agreement on and execute a contract to provide the required services at a fair and reasonable price.
Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4528; and Government Code. Section 6106, Public Contracts Code.
s 11900. Bay Plan Amendments.
(a) Resolutions.
1. On September 16, 1999, the San Francisco Bay Conservation and Development Commission approved Resolution No. 99-06, adopting Bay Plan Amendment No. 2-99, revising the Waterfront Park, Beach priority use area at Oyster Point, South San Francisco.
2. On April 6, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-03, adopting Bay Plan Amendment No. 5-99, deleting some descriptive material from Part V of the Bay Plan, moving the remaining descriptive material into Part I of the Bay Plan, modifying Part I to accommodate the material moved from Part V, and moving the policy parts of Part V into Part IV of the Bay Plan.
3. On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, adding a new criterion for Bay fill on publicly owned land to Part IV of the Bay Plan, amending the San Francisco Waterfront Special Area Plan to allow public trust uses on Bay fill under certain circumstances in conjunction with a package of public benefits, clarifying the public access requirements for pier redevelopment projects, and rescinding the San Francisco Waterfront Total Design Plan, Piers 7 through 24.
4. On September 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-07, adopting Bay Plan Amendment No. 2-00, deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules.
5. On December 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-08, adopting Bay Plan Amendment No. 3-00, revising the findings, and policies related to dredging, disposal, and beneficial reuse of dredged material set forth in the San Francisco Bay Plan. Revisions to the Findings and Policies of the Bay Plan include, but are not limited to: (1) a decrease in the disposal of dredged material in the Bay while increasing both the beneficial reuse of dredged material and the use of the federally designated ocean disposal site; (2) a limit on in-Bay disposal of dredged material for habitat enhancement projects; (3) the identification of dredged material rehandling facilities as a water related industry; (4) the deletion of language that encourages dredging additional channels in the Bay and (5) amendments to Bay Plan maps as follows:
6. On January 4, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-10, adopting Bay Plan Amendment No. 4-00, deleting from and adding to the port priority use area designations at the former Oakland Army Base and the Port of Oakland in the City of Oakland.
7. On March 15, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution 01-02, adopting Bay Plan Amendment No. 5-00, revising the public access findings and policies to provide for maximum feasible public access while protecting wildlife from adverse effects.
8. On July 19, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 01-11, adopting Bay Plan Amendment No. 1-00, creating a new policy section entitled Navigational Safety and Oil Spill Prevention and modified certain findings and policies in the Dredging, Recreation, Transportation and Safety of Fills policy sections regarding navigational safety and oil spill prevention.
9. On April 18, 2002 the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-02, adopting Bay Plan Amendment No. 1-01, updating the marshes and mudflats, fish and wildlife and dredging findings and policies; adding a new policy section on subtidal areas; amending the priority use area designations and Plan Map notes; and changing the terminology in the introductory section from "wildlife area" to "wildlife refuge."
10. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-03, adopting Bay Plan Amendment No. 1-02, updating the Bay Plan recreation findings and policies and amending the Plan Map Notes and Plan Map Policies.
11. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution 02-04, adopting Bay Plan Amendment No. 6-02, revising the mitigation policies and adding mitigation findings.
12. On June 19, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-02, adopting Bay Plan Amendment No. 8-02, revising the water quality findings and policies. Regulatory provisions in the amendment address tidal flats; conservation and restoration of water surface area and volume to protect and improve water quality; new project siting, design, construction, and maintenance to prevent or minimize discharge of pollutants into the Bay; coordination with other agencies when considering a project in an area polluted with toxic or hazardous substances; support of other agencies in developing nonpoint source pollution control programs; siting and design of new developments so as to be consistent with stormwater permits and stormwater management guidelines and with protection of the Bay; and, use of native vegetation buffer areas as part of a project.
13. On January 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-01, adopting Bay Plan Amendment No. 2-04, adding two findings and two polices regarding the siting and use of desalination facilities to the Other Uses of the Bay and Shoreline section and deleting reference to desalination facility siting in the power plant siting policy in the Other Uses of the Bay and Shoreline section.
14. On August 18, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-05, adopting Bay Plan Amendment No. 3-04, splitting the salt ponds and other managed wetlands section into two separate sections, updating the salt ponds findings and policies, and amending the Plan Map notes, policies, suggestions and priority use area designations regarding salt ponds.
15. On October 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-06, adopting Bay Plan Amendment No. 1-05, updating the transportation findings and policies, and amending the Plan Map notes, policies and suggestions regarding transportation and updating the fills in accord with the Bay Plan policies.
16. On May 4, 2006, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 06-01, approving Bay Plan Amendment No. 1-06 which amended San Francisco Bay Plan Maps Nos. 4 and 5 and San Francisco Bay Area Seaport Plan Figure 4 by deleting the port priority use area designation from approximately six acres of land on the east side of Interstate 880 in the City of Oakland between West Grand Avenue on the north, 17th Avenue extended to the Interstate 880 Frontage Road on the south, Wood Street on the east and the Interstate 880 Frontage Road on the west.
(b) Map Changes.
1. Revise Map No. 5 by deleting approximately 37 acres from the Waterfront Park, Beach priority use area designation at Oyster Point, in the City of South San Francisco.
2. Revise Map No. 4 by deleting two references to the San Francisco Waterfront Total Design Plan, Piers 7 through 24 and one reference to recommendations in the San Francisco Waterfront Special Area Plan.
3. Revise Map No. 2 by deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules.
4. Map No. 1, Note 9 to include the use of dredged material at Skaggs Island whenever feasible and environmentally acceptable.
Delete policy map Notes "A," "D", and "E" which reference a possible new small boat channel, a new barge channel, and a new shallow draft port respectively.
Add policy map notes identifying the possible use of Bel Marin Keys Unit V and the North Point Property site as wetland restoration sites using dredged material.
Add policy map note identifying the Port Sonoma marina ponds as a regional dredged material rehandling facility.
5. Revise Map No. 2, Note 3 by deleting the priority use designation of the three northernmost ponds of the Mare Island site.
Add policy map notes identifying the possible use of the Cargill Crystallizer ponds and the Wickland Selby site as regional dredged material rehandling facilities.
Add policy map note identifying the Praxis Pacheco site as a dredged material confined disposal site.
6. Revise Map No. 3, Note 3 to include the use of dredged material from the Bay region for wetland restoration and enhancement in Collinsville. A portion of the site may also be used as a regional dredged material rehandling facility for Bay Area projects.
7. Revise Map No. 4 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse.
8. Revise Map No. 5 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse.
9. Delete Map No. 6, Note C to exclude the possible small boat channel just south of Bay Slough in Redwood City.
10. Delete Map No. 7, Note F to exclude the possible shallow draft port at Guadaloupe Slough, Mountain View.
11. Revise Map No. 4 and Map No. 5 by deleting approximately 174.4 acres of port priority use designation from the former Oakland Army Base; deleting reference to the Oakland Army Base; and deleting Map No. 4 Policy 17 and Map No. 5 Policy 2.
12. Revise Maps No. 4 and Map No. 5 by adding port priority use area designation to a 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street; an 11 acre parcel within the Interstate 880 right-of-way adjacent to the 10-acre parcel; and a 30-acre parcel adjacent to and west of Interstate Highway 880 at Seventh Street.
13. Revise Maps No. 1 through 7 by: (1) updating the wildlife priority use area designations to include state and federal wildlife refuges; (2) deleting the park priority use area designation and adding a wildlife priority use area designation to Map No. 6 at Bair Island in the Don Edwards San Francisco Bay National Wildlife Refuge; (3) deleting Map No. 8; and (4) amending notes identifying wildlife refuges and other areas of significance to fish, other aquatic organisms and wildlife.
14. Revise Map Nos. 4 and 5 by updating Map Notes and Map Policies pertaining to existing and former Bayfront military installations designated for waterfront park priority use; adding vista points; and correcting geographic place names.
15. Revise Maps No. 1, 2, 6 and 7 by: (1) updating Map Notes, Policies and Suggestions pertaining to salt ponds; (2) updating the wildlife priority use area designations on Plan Map 2 to include former salt ponds added to Fagan Marsh Ecological Reserve; (3) deleting a portion of the Menlo Park park priority use area designation on Plan Maps 6 and 7 and designating that portion as a wildlife priority use area and as a salt pond, managed wetland; (4) deleting two portions of the Coyote Hills park priority use area designation on Plan Map 7 and designating those portions as wildlife priority use areas and salt ponds, managed wetlands; and (5) correcting one designation on Plan Map 6 and three designations on Plan Map 7 to salt pond, managed wetland.
16. Revise Map No. 4 by moving Commission Suggestion B from an area north of the Richmond-San Rafael Bridge to an area south of the Richmond-San Rafael Bridge and revise Maps No. 1, 2, 4, 5, 6 and 7 updating Map Notes, Policies and Suggestions pertaining to transportation.
17. Revise Maps Nos. 4 and 5 by deleting the port priority use area designation from a six-acre parcel in Oakland east of Interstate 880 bounded on the north by West Grand Avenue, on the east by Wood Street, on the south by 17th Avenue extended to the Interstate 880 Frontage Road, and on the west by the Interstate 880 Frontage Road. (continued)