January 16, 2020 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 December 5, 2019 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 to Remove the Bay Plan Water-Related Industry Priority Use Area Designation from a Site West of Pacheco Creek Near Martinez, Bay Plan Amendment No. 5-19
    The Commission will hold a public hearing on an application from Contra Costa County to delete a site from the water-related industry priority use area designation in the San Francisco Bay Plan west of Pacheco Creek near Martinez. Removal of the water-related industry priority use would facilitate Contra Costa County’s proposal for the Lower Walnut Creek Restoration Project. (Cody Aichele-Rothman) [415/352-3641; cody.aichele@bcdc.ca.gov]
  9. Commission Consideration of a Contract with Contra Costa County to Remove the Bay Plan Water-Related Industry Priority Use Area Designation from a Site West of Pacheco Creek Near Martinez, Bay Plan Amendment No. 5-19 The Commission will consider authorizing the Executive Director to enter into a contract with Contra Costa County for payment of the cost of work required of the Commission to process and act upon an amendment to the Bay Plan. (Cody Aichele-Rothman) [415/352-3641; cody.aichele@bcdc.ca.gov]
  10. Vote on Proposed Amendments to Commission Permit Application Fees
    The Commission will consider and may vote on proposed amendments to the Commission’s permit application fees regulations (codified at Title 14 of the California Code of Regulations, Division 5, Appendix M), which have been made available for an additional public review period that ends on January 13, 2020. In summary, the Commission proposes to amend the Appendix M regulations to: (1) double all existing permit application fees using a two-step approach; and (2) increase the percentage of the Commission’s total regulatory program costs recovered from permit application fees from 20% to 40%. (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    Public Comment Letter
  11. Briefing on LAO Adaptation Report Rachel Ehlers of the Legislative Analyst’s Office will brief the Commission on the LAO report “Preparing for Rising Seas: How the State Can Help Support Local Coastal Adaptation Efforts.” (Larry Goldzband) [415/352-3653; larry.goldzband@bcdc.ca.gov]
  12. Briefing on the Adapting to Rising Tides (ART) Bay Area Program
    The Commission will receive a briefing on the Adapting to Rising Tides (ART) Bay Area project to assess the vulnerability of the region’s transportation network, priority development areas, natural areas, and vulnerable communities to rising sea level and storm flooding. (Dana Brechwald) [415/352-3656; dana.brechwald@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.