December 6, 2018 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Yerba 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)

  4. Approval of Minutes of November 15, 2018 Meeting
    (Peggy Atwell)

  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)

  8. Public Hearing and Possible Vote on the Bay Point Restoration Project by the East Bay Regional Park District at the Bay Point Regional Shoreline in the Community of Bay Point, Contra Costa County; BCDC Permit Application No. 2017.006.00
    The Commission will hold a public hearing and possibly vote on an application for BCDC permit no. 2017.006.00 by the East Bay Regional Park District for the Bay Point Restoration Project in the community of Bay Point in Contra Costa County. The project would enhance and restore approximately 16 acres of tidal marsh, would enhance over 1.1 miles of existing public access pathways, and would include the installation of a kayak launch.
    (Erik Buehmann)
    Exhibits // Staff Recommendation // Presentation

  9. Closed Session on Pending Litigation: (1) Mark Sanders and Westpoint Harbor, LLC v. San Francisco Bay Conservation and Development Commission, San Francisco Superior Court Case No. CPF-17-515880; and (2) Enforcement Committee’s Recommended Enforcement Decision Regarding Westpoint Harbor; Proposed Settlement Agreement between the Commission and Westpoint Harbor, LLC.
    Pursuant to Government Code Section 11126(e), the Committee may hold a closed session to consider this matter.
    (Marc Zeppetello)

  10. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Regarding Westpoint Harbor; Proposed Settlement Agreement between the Commission and Westpoint Harbor, LLC.
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision regarding a proposed settlement agreement between the Commission and Westpoint Harbor, LLC. The proposed settlement agreement would resolve the enforcement action against Mark Sanders and Westpoint Harbor, LLC that was previously before the Commission on March 15, 2018, and that the Commission remanded to the Enforcement Committee for further consideration. (Marc Zeppetello)
    Transmittal Cover Memo
    Enforcement Committee’s Recommended Decision re Westpoint Harbor

    Executive Director’s Recommended Enforcement Decision
    Attachment A - Proposed Agreement between the San Francisco Bay Conservation and Development Commission and Westpoint Harbor, LLC
    Attachment B
    Attachment C
    Attachment D
    Public Comment Letters
    Coastal Conservancy Comment Letter
    Comment Letters from Citizens Committee to Complete the Refuge and its Counsel
    USFWS Comment Letter
    Comment Letter from Assemblymember Marie Waldron
    Letter and Materials from Counsel for Westpoint Harbor
  11. Public Hearing and Possible Vote on Golden Gate Bridge Physical Suicide Deterrent System; Material Amendment No. Three to BCDC Permit No. M1996.019.00
    The Commission will hold a public hearing and possibly vote on an application for a material amendment to BCDC Permit No. M1996.019.00 by the Golden Gate Bridge, Highway and Transportation District to install a physical suicide deterrent system on the Golden Gate Bridge.
    (Ethan Lavine)
    Exhibits // Staff Recommendation // Presentation

  12. Briefing on Environmental Justice Bay Plan Amendment No. 2-17
    The Commission will receive a briefing from Clesi Bennett of BCDC staff on the status of BCDC’s Bay Plan amendment to address environmental justice and social equity, including progress to date and project timeline.
    (Clesi Bennett)
    Staff Presentation

  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.