Revised April 16, 2020 Commission Meeting

Due to the COVID-19 public health orders, and in accordance with the Governor’s Executive Order No. N-29-20 issued on March 17, 2020, this meeting will be held online and by teleconference.

The public is welcome to participate during the meeting.

There will be no physical meeting location for attendees.

1:00 p.m.
(415) 352-3600

Join the meeting via Zoom

See information on public participation

Teleconference numbers:
1 (301) 715-8592 or 1 (312) 626-6799
Meeting ID:
323 907 152

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 March 5, 2020 Meeting
    (Peggy Atwell)

  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)

  8. Closed Session on Pending Litigation
    The Alliance 1849 LLC v. San Francisco Bay Conservation and Development Commission, San Francisco Superior Court Case No. CPF-18-516291. 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. Vote 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 vote 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. The Commission held a public hearing on January 16, 2020. (Cody Aichele-Rothman) [415/352-3641; cody.aichele@bcdc.ca.gov]
    Presentation

  10. Public Hearing and Possible Vote on the 900 Innes Remediation Project by the San Francisco Recreation and Park Department in the City and County of San Francisco; BCDC Permit Application No. 2019.003.00
    The Commission will hold a public hearing and possibly vote on an application for the San Francisco Recreation and Park Department to remediate the 900 Innes property located in India Basin in the City and County of San Francisco. The proposed project involves removing contaminated soils and sediment and dilapidated structures across the approximately 3.38-acre site to meet Water Board- and EPA-approved cleanup targets, backfilling the site with clean soil and sediment, capping two mudflat areas with sand, and constructing an interim public access pathway. The proposed project would eliminate ecological and human health exposure pathways on the site to prepare the area for future development as a public park. (Anniken Lydon) [415/352-3624; anniken.lydon@bcdc.ca.gov]
    Exhibits A to D // Staff Recommendation // Exhibits A - B // Public Comment Letters // Presentation by Staff // Presentation by SFRPD

  11. Commission Consideration of the Third Amendment to the Galilee Harbor Settlement Agreement.
    The Commission will consider authorizing the Executive Director to enter into a Third Amendment to the Galilee Harbor Settlement Agreement between the Commission and Galilee Harbor Community Association, which would authorize the Galilee Harbor Community Association to close and temporarily remove a small public access boat dock, also known as a small craft launching float, that is currently authorized and required in the Galilee Harbor Settlement Agreement. (Brad McCrea) [415/352-3615; brad.mccrea@bcdc.ca.gov]
    Exhibit A // Exhibit B // Presentation

  12. Briefing on Suisun Marsh Protection Plan and Local Protection Program Review
    The Commission will receive a briefing by Rachel Wigginton of BCDC staff on the recently completed review of the Suisun Marsh Local Protection Program and the kick-off meeting for the review of the Suisun Marsh Protection Plan. The briefing will provide both background and context for BCDC's past and future work in the Suisun Marsh. (Rachel Wigginton) [415/352-3660; rachel.wigginton@bcdc.ca.gov]

  13. Briefing and Potential Vote on Pending Legislation
    POSTPONED
    The Commission will receive a briefing and potentially take a position on pending legislation. (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]

  14. Consideration of 2019 Annual Report
    The Commission will consider approving the 2019 annual report. (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]

  15. Adjournment

How to Provide Comments and Comment Time Limits. Please note that during the current State of Emergency in California, we are conducting meetings solely by conference call and livestreaming over the internet. There is no physical location for the meeting. If you would like to comment at the beginning of the meeting or on an item scheduled for a public hearing, you may do so in one of three ways: (1) emailing comments in advance to public comment, up until 10 a.m. on the day of the meeting; (2) by telephone during the public comment periods of the meeting; and (3) by participating via internet.

If participating by internet, please go to zoom link listed above on your internet enabled device. you will be asked to click on the “raise your hand button” and then wait to speak when called upon.  You may also participate by telephone by calling the numbers listed above, and when the chair asks for comments from the public phoning in, select *9 to unmute your phone and you will then be called upon.  We ask that everyone use the mute button when not speaking.  It is also important that you not put your phone on hold.  Each speaker may be limited to a maximum of three minutes during the public comment period.  Any speakers who exceed the time limits or interfere with the meeting may be muted by the Chair.  You are encouraged to submit written comments of any length and detailed information to the staff prior to the meeting at the email address above, which will be distributed to the Commission members. Applicants are responsible for presenting their projects at the public hearing. If you need information or help accessing the meeting, please email technical support or call the Commission staff.

Internet Access to Commission Meeting Material. Public notices of Commission meetings and staff reports dealing with most matters on the meeting agendas can be found on BCDC's website, by accessing Commission Meetings under the “public meetings” tab on the website, then selecting the date of the meeting.

Questions and Staff Reports. If you have any questions concerning an item on the agenda or would like to receive notice of future hearings, or staff reports related to the item, please contact the staff member whose name, email address 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 within the past 12 months. If you intend to speak on any hearing item, please indicate 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.Meetings are accessible to persons with disabilities. If you require special assistance or have technical questions, please contact staff prior to the meeting via email. We will attempt to make the meeting accessible via Zoom accessibility capabilities.  During the current State of Emergency in California, before the meeting public comment in writing is encouraged via email. During the meeting participation will occur by using the internet or by phone as discussed above.

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 trans¬acted or dis¬cussed; and (3) refuse to add an item subsequent to the published agenda. In addi¬tion to these gen¬eral requirements, the Bagley-Keene Act and the Governor’s Executive Order No. N-29-20 issued on March 17, 2020 include other specific provisions about how meetings are to be announced and conducted.