July 20, 2017 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Yearba Buena 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 June 15, 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. Closed Session on Pending Litigation: Point Buckler Club, LLC and John Donnelly Sweeney v. San Francisco Bay Conservation and Development Commission et al., Solano County Superior Court, Case No. FCS048136.
    Pursuant to 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]

  9. Commission Briefing on the Sea Level Rise Workshops 7, 8 and 9 – Changes to the Commission’s Laws, Policies, Regulations and Practices
    The Commission will receive a briefing by the staff on the findings and outcomes of the past three Commission Rising Sea Level Workshops highlighting on potential changes to the San Francisco Bay Plan, the Commission’s regulations and practices. The workshops built upon the Commission’s previous work, including the Policies for a Rising Bay Project and the Bay Fill Working Group’s examination of the Commission’s fill policies that relate to adaptation to rising seas. Staff will describe the workshops, participation and recommendations that were developed.
    (Lindy Lowe) [415/352-3642; lindy.lowe@bcdc.ca.gov]
    Presentation
  10. Public Hearing and Possible Vote on Issuing a Brief Descriptive Notice for Proposed San Francisco Bay Plan Amendments Regarding Fill for Habitat Projects
    The Commission will hold a public hearing and possible vote on a brief descriptive notice to begin the amendment process to update policies related to fill for habitat projects in the San Francisco Bay Plan (Bay Plan). The proposed fill for habitat projects amendment would be focused on the Bay Plan natural resources policies, dredging policies, protection of the shoreline, and potentially public access policies. This proposed amendment is the result of the Policies for a Rising Bay Project and the Bay Fill Working Group’s examination of the Commission’s laws and polices associated with fill and climate change adaptation, and the past three Commission workshops on Rising Sea Level (Workshops 7, 8 and 9). If the Commission approves the recommendations, staff will initiate the Bay Plan amendment process on this topic. Additional information can be found on the Commission’s website in the Planning section and the Public Meeting section.
    (Lindy Lowe) [415/352-3642; lindy.lowe@bcdc.ca.gov]
    (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov]
    Letters from the Public // Presentation

  11. Public Hearing and Possible Vote on Issuing a Brief Descriptive Notice for Proposed San Francisco Bay Plan Amendments to Include Social Equity Policies
    The Commission will hold a public hearing and possible vote on a brief descriptive notice to begin the amendment process to include social equity and environmental justice policies in the San Francisco Bay Plan (Bay Plan). The proposed amendment  would likely include development of a new section of the Bay Plan, and complete a legal analysis of the need to amend the McAteer-Petris Act for the same topic. This proposed amendment is the result of the Policies for a Rising Bay Project, work with local communities as part of the Adapting to Rising Tides Program (ART), and the past three Commission workshops on Rising Sea Level (Workshops 7, 8 and 9). If the Commission approves the recommendation, staff will initiate the Bay Plan amendment process on this topic. Additional information can be found on the Commission’s website in the Planning Section and the Public Meeting section.
    (Miriam Torres) [415/352-3631; miriam.torres@bcdc.ca.gov]
    Letters from the Public // Presentation

  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.

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.