October 5, 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 September 7, 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. Continued Public Hearing and Possible Vote on an Application by the Port of San Francisco for Construction of Crane Cove Park at Pier 70, in the City and County of San Francisco; BCDC Permit Application No. 2016.006.00
    The Commission will hold a public hearing and possibly vote on an application by the Port of San Francisco to construct a 2.5-acre portion of an eight-acre public park at a former industrial site owned by the Port of San Francisco. In the Commission’s Bay jurisdiction, the proposed project would involve the removal of 4,500 cubic yards (cy) of solid fill at an 8,500-square-foot area and the placement of approximately 4,455 cy of fill at an approximately 31,015-square-foot area, resulting in a net increase of 22,515 square feet of Bay fill and no increase of Bay volume (cubic yards). The project would include a new 18-foot-wide Bay Trail segment, a public access beach, an open public lawn, and public plazas. Industrial facilities would be repurposed for public access. The Port requests additional authorization for two outdoor dining areas and special events (i.e., free public events, ticketed public events, and private events) during specific days and times throughout the calendar year. The summary was mailed on August 25, 2017 and a public hearing was held on September 7, 2017.
    (Erik Buehmann) [415/352-3645; erik.buehmann@bcdc.ca.gov]
    Exhibit A Required Public Access // Exhibit B Special Events & Outdoor Dining Areas
    Presentation

  9. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02; Bridgeway 558 Real Property LLC.
    On August 16, 1976, at the existing Trident Restaurant located in Sausalito, Marin County, the Commission issued BCDC Permit No. M1975.102.00 to authorize the remodel and replacement of a single, split-level, 2,637-square-foot pile-supported dining deck in the Bay, attached to a pre-existing pile-supported structure, and for the replacement of caps and piles on a one-for-one basis. Without authorization, in October 1999, the permittee installed an 810-square-foot boat dock with two pilings and a 100-square-foot gangway in the Bay. Also without authorization, in July 2012, the permittee remodeled the restaurant building and deck in the shoreline band. BCDC staff initiated two enforcement actions in October 1999 and August 2012, respectively. Despite numerous attempts to resolve the violations, staff was unsuccessful until it commenced a formal enforcement proceeding in 2017, which resulted in the submittal of a complete application to amend the permit and a settlement with the permittee.
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision including adoption of the proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02 to resolve the alleged violations at Bridgeway 558 Real Property LLC, located in the City of Sausalito, Marin County. The Stipulated Order would require the permittee within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of BCDC Permit No. M1975.102.00; (2) provide signed public access amenities including a restroom, two benches, and a trash can; (3) pay a civil penalty of $30,000 to the Bay Fill Clean-up and Abatement Fund; and (4) pay stipulated penalties for late compliance with any term of the Stipulated Order.
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]

    Proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02
    Violation Report
    Index of Administrative Record
    Exhibits
    Presentation

  10. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CDO 2017.03; Heron Bay Homeowners Association
    On July 22, 1994, the Commission issued BCDC Permit No. M1992.057.00 to Citation Homes to authorize dredging and excavation activities to mitigate the impacts to City of San Leandro public access that would result from the proposed Heron Bay residential development, and required public access amenities. In 1999, Citation Homes sold the residential development to the Heron Bay HOA without complying with permit Special Conditions pertaining to required plan review and approval, a public access permanent guarantee, public access improvements, and a permit assignment. Also, the HOA placed unauthorized restrictive signage in violation of the McAteer-Petris Act. BCDC staff became aware of these violations in 2014 and 2017, respectively, and despite numerous attempts to resolve them was unsuccessful. Staff commenced a formal enforcement proceeding on June 16, 2017, and although the parties have not reached an agreement the only contested matter is the amount of the administrative civil penalty.
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision including adoption of the proposed Cease and Desist and Civil Penalty Order No. CDO 2017.03 to resolve the alleged violations at the Heron Bay Homeowners Association, located in the City of San Leandro, Alameda County. The Order would require the permittee within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of BCDC Permit No. M1992.057.00; (2) apply for after-the-fact authorization for as-built public access amenities and authorization for additional public access amenities consisting of eight bicycle “sharrows” and five directional Public Shore signs, one of which is double-sided; (3) upon authorization, provide the public access amenities; (4) record a legal instrument to permanently guarantee the required public access area; and (5) pay a civil penalty of $120,000 to the Bay Fill Clean-up and Abatement Fund, half of which would be stayed for timely and complete compliance with the requirements of the Order.
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]
    (John Bowers) [415/352-3610; john.bowers@bcdc.ca.gov]

    Cease and Desist Order - effective date October 5, 2017
    Statement of Defense to Violation/Complaint Investigation
    Original Permit
    Exhibits
    Index of Documents Cited for Heron Bay Homeowners Association Permit Violation 
    Letter from the Public
    Comment Letters from the Public
    Presentation

  11. Public Hearing and Possible Vote on the Albany Beach Restoration and Public Access Phases 2 and 3 Project by the East Bay Regional Park District to Enhance Albany Beach and Construct a New Segment of Bay Trail Cities of Albany and Berkeley, Alameda County; Material Amendment No. One to BCDC Permit 2014.005.00
    The Commission will hold a public hearing and possibly vote on an application for a material amendment to BCDC permit no. 2014.005.00 by the East Bay Regional Park District for the Albany Beach Restoration and Public Access Project in the Cities of Albany and Berkeley. The project would enhance and expand the existing beach; create a protected area for enhanced sand dunes, seasonal wetland, and a rain garden; create an 0.72-acre open use area; and would create approximately 4,765 linear feet of new Bay Trail between Buchanan and Gilman Streets, including overlooks at the beach area and Fleming Point, and a 20-space parking lot.
    (Hanna Miller) [415/352-3616; hanna.miller@bcdc.ca.gov]

    Albany Beach Restoration and Public Access Exhibits
    Staff Recommendation
    Exhibits A, B, and C
    Comment Letters from the Public
    Additions and Changes to Staff Recommendation

  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.