Revised June 6, 2019 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Board Room, First Floor
San Francisco, CA 94105
(415) 778-6700

NOTE: Agenda item 12 will be taken up after Agenda Items No. 7

[ 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 May 16, 2019 Meeting
    (Peggy Atwell)
  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)

  1. Briefing on the Middle Harbor Enhancement Project by the U.S. Army Corps of Engineers and the Port of Oakland in the City of Oakland, Alameda County; BCDC Consistency Determination No. C2000.014.00 and Permit No. 2000.014.00
    Commission staff will provide a brief update on the status of the Middle Harbor Enhancement Project and the staff’s request to the USACE to address outstanding habitat features at the site. The Middle Harbor Enhancement Area is a component of the Port of Oakland Fifty-Foot Deepening Project and is the only large-scale, in-Bay subtidal habitat restoration project in the Bay Area that used dredged sediment in the region. Staff will describe the project, its current state, and planned activities to complete the project.
    Schuyler Olsson; Brenda Goeden
    Presentation
  1. Public Hearing and Possible Vote to Initiate Bay Plan Amendment 3-19 Regarding Plan Map 4
    The Commission will hold a public hearing and possible vote to initiate San Francisco Bay Plan Amendment 3-19. The amendment would add a Bay Plan Policy to Plan Map 4 regarding the Middle Harbor Enhancement Project.
    Public Comment Letters
    Megan Hall
  2. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order
    No. CCD2019.001.00, Salt River Construction Corporation
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision, including proposed Cease and Desist and Civil Penalty Order No. CCD2019.001.00, that would be issued to Salt River Construction Corporation for violations involving illegal dredging activities in Marin County and unauthorized mooring of barges in San Mateo County. Karen Donovan
    Executive Director’s Recommendation Regarding Proposed Cease and Desist and Civil Penalty
    Cease and Desist and Civil Penalty
    Administrative Record Documents
  3. Commission Consideration of Legislation
    The Commission will consider and may take positions on legislation, including: (1) Senate Bill 45 (Allen) Wildfire, Drought, and Flood Protection Bond Act of 2020; (2) Senate Bill 69 (Weiner) Ocean Resilience; (3) Senate Bill 168 (Wieckowski) Climate change: Chief Climate Resilience Officer; (4) Assembly Bill 552 (Stone) Coastal Adaptation: Access; and Resilience Program; (5) Assembly Bill 825 (Mullin) San Mateo County Flood and Sea Level Rise Resiliency District; (6) Assembly Bill 839 (Mullin) Adaptation through Resiliency, Economic Vitality and Equity Account; and (7) Assembly Bill 1191 (Bonta) State Lands Commission: exchange of trust lands: City of Oakland: Howard Terminal property: Oakland Waterfront Ballpark Act.
    Steve Goldbeck
    Public Comment Letter
  4. Briefing on San Francisco Bay Plan Amendments 1-19 and 2-19 to Update the San Francisco Bay Area Seaport Plan
    The Commission will receive a briefing from BCDC staff on the status of BCDC’s process to update the Seaport Plan and to respond to an application by the Oakland Athletics to remove the port priority use designation from Howard Terminal at the Port of Oakland.
    Linda Scourtis
  1. 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.