April 6, 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 March 16, 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
    (Erik Buehmann) [415/352-3645; erik.buehmann@bcdc.ca.gov]
  8. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Commission Cease and Desist and Civil Penalty Order No. CDO 2017.01; 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 proposed Commission Cease and Desist and Civil Penalty Order No. CDO 2017.01 that would be issued solely to Scott’s Jack London Seafood, Inc. (“Scott’s”) (and not also to 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 require Scott’s to:

    a. Cease and desist from all activities in violation of the permit and the McAteer-Petris Act;

    b.   Submit no later than 45 days after issuance of the order a complete application to amend the permit to:
    (1) Request after-the-fact authorization for, and subsequently obtain Commission approval of, certain structural components of the pavilion that Scott’s constructed without authorization;
    (2) Authorize new pavilion entrance doors and any modifications to the retractable wall panel system necessary to integrate the new doors into that system; and
    (3) Propose and require implementation of a public access plan for the pavilion and areas around the pavilion to improve public access in Jack London Square’s Franklin Street Plaza; and

    c. Pay a penalty of $395,360, in three annual installments and with the opportunity for a waiver of 15% of the penalty, in the third year, if Scott’s timely complies, and maintains compliance, with the order.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]

    Scott's Jack London Seafood Cease and Desist and Civil Penalty

    Attachment A – Additinal Findings Commission Cease and Desist and Civil Penalty Order No. CDO 2017.01

    Violation Report/Complaint for Administrative Imposition of Civil Penalties Revised Index of Administrative Record

  9. Closed Session on the Refusal of the U.S. Army Corps of Engineers (USACE) to Accept Certain Conditions to the Commission’s Concurrence with the BCDC Consistency Determination
    No. C2015.002.00 for the USACE’s Operation and Maintenance Dredging Program for San Francisco Bay. San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers, N.D. Cal. Case No. C:3:16-CV-05420-RS.
    Pursuant to California Government Code Section 11126(e), the Commission may hold a closed session to consider this matter.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]

  10. Commission Consideration of Legislation
    The Commission will consider and may take positions on legislation, including: (1) Assembly Bill 733, (Berman) Enhanced infrastructure financing districts: projects: climate change; (2) Assembly Bill 388, (Mullin) Greenhouse Gas Reduction Fund; (3) Assembly Bill 184, (Berman) Sea level rise planning: database; (4) Assembly Bill 1121, (Chiu) San Francisco Bay Area ferries; (5) Assembly Bill 1433 (Wood), Climate Adaptation and Resilience Based on Nature Act; (6) Assembly Bill 18 (Garcia), California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018; and (7) Senate Bill 5 (De Leon), California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018.
    (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]

  11. Strategic Plan Update Discussion
    Eric Poncelet and Matt Marvin of Kearns & West, BCDC’s Strategic Plan consultants, will brief the Commission on progress toward revising the Commission’s Strategic Plan and ask Commissioners for their suggestions moving forward.
    (Larry Goldzband) [415/352-3653; larry.goldzband@bcdc.ca.gov]

  12. Briefing on Port of San Francisco Waterfront Plan Working Group Process
    The Port of San Francisco initiated the Waterfront Plan Working Group in the fall of 2015. Since that time, the working group has been meeting regularly to discuss and evaluate issues including open space, maritime berthing, finances, development, seismic safety, historic resources, environment and resilience. The Port of San Francisco staff will provide a briefing to the Commission on the Working Group process and next steps, including the timeline for updates to the Port’s Waterfront Land Use Plan.
    (Lindy Lowe) [415/352-3642; lindy.lowe@bcdc.ca.gov]

  13. 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.