- This event has passed.
April 20, 2023 Commission Meeting
April 20, 2023 @ 1:00 pm - 5:00 pm
This Commission meeting will be conducted in a hybrid format in accordance with SB 189 (2022). To maximize public safety while maintaining transparency and public access, members of the public can choose to participate either virtually via Zoom, by phone, or in person at the location listed above. Physical attendance at Metro Center requires that all individuals adhere to the site’s health guidelines including, if required, wearing masks, health screening, and social distancing.
BCDC strongly encourages participation virtually through the Zoom link below due to changing COVID conditions.
Metro Center
375 Beale Street
San Francisco, 415-352-3600
If you have issues joining the meeting using the link, please enter the Meeting ID and Password listed below into the ZOOM app to join the meeting.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/83188598478?pwd=Ri9pQzJSVjYrb0ZBcXVERFQ0V2d4UT09
See information on public participation
Teleconference numbers
1 (866) 590-5055
Conference Code 374334
Meeting ID
831 8859 8478
Passcode
173712
If you call in by telephone:
Press *6 to unmute or mute yourself
Press *9 to raise your hand or lower your hand to speak
Tentative Agenda
- Call to Order
- Roll Call
- 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] - Approval of Minutes of April 6, 2023 Meeting (PDF)
(Peggy Atwell) [415/352-3638; peggy.atwell@bcdc.ca.gov] - Report of the Chair
- Report of the Executive Director
- Commission Consideration of Administrative Matters
(Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov] - Public Hearing and Possible Vote on Amendments to Commission’s Resolution No. 16 Describing Bay Plan Priority Use Areas (PDF)
The Commission will hold a public hearing and possible vote on amendments to the Commission’s Resolution No. 16 describing the boundaries of Bay Plan priority use areas. The amendments include minor corrections to boundary descriptions in the Resolution, and will not result in any changes to Bay Plan-designated priority use areas. The Commission will also receive a briefing on new interactive maps to share priority use area boundaries with the public.
(Todd Hallenbeck) [415/352-3667; todd.hallenbeck@bcdc.ca.gov]Presentation (PDF) - Briefing and Possible Votes on Legislative Proposals (PDF)
The Commission will receive a briefing about, and possibly vote on, several legislative proposals pending in Sacramento: (1) Senate Bill 272 (Laird), Sea level rise: planning and adaptation; (2) Assembly Bill 748 (Villapudua), California Abandoned and Derelict Commercial Vessel Program; and (3) Senate Bill 273 (Wiener), Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
(Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]Senator Bill 273 Presentation (PDF) // Senator Bill 272 Public Comment Letters (PDF) // Senator Bill 272 Public Comment Letters (PDF) - Briefing on Strategic Plan
The Commission will be briefed on the final version of the 2023-2025 Strategic Plan and its Action Plan.
(Larry Goldzband) [415/352-3653; larry.goldzband@bcdc.ca.gov]Strategic Plan Action Plan (PDF) - Briefing on Oyster Point Compliance – POSTPONED
The Commission will receive a briefing on BCDC’s liveaboard policies. The Commission will also receive an update regarding the Oyster Cove Marina liveaboard compliance issue.
(John Creech) [415/352-3619; john.creech@bcdc.ca.gov]Public Comment Letters (PDF) - Adjournment
Listing of Pending Administrative Matters
This report lists the administrative matters that have been filed and are pending with the Commission. The Executive Director will take the action indicated on the matters unless the Commission determines that it is necessary to hold a public hearing. The staff members to whom the matters have been assigned are indicated at the end of the project descriptions. Inquiries should be directed to the assigned staff member prior to the Commission meeting.
Administrative Permits Applications
Applicants: Dana Beldiman and Justs Karlsons
60 Century Drive
Mill Valley, CA 94941
Permit Application No. M2021.035.00
Filed on 02/02/23
Applicant: United States Army Corps of Engineers
San Francisco District
450 Golden Gate Avenue, 4th Floor
San Francisco, CA 94102-2404
BCDC Consistency Determination No. C2022.012.00
Filed on 02/17/23
75th Day on 05/03/2023
Location: Within the Shoreline Band and the Commission’s Coastal Zone, at the South San Francisco Water Quality Control Plant located in the City of South San Francisco, San Mateo County.
Description: Installation of floodwalls around the South San Francisco Water Quality Control Plant (“WQCP”), consisting of approximately 2,000 linear feet of floodwall, approximately 3-4.5 feet above the current ground surface on the north side of the WQCP, and a second floodwall running along approximately 700 linear feet on the south side of the WQCP adjacent to San Francisco Bay, approximately 4 feet above grade. The goal of the Proposed Project is to prevent flooding of the WQCP during a 100-year storm and as sea levels rise in the future, for continuous operation of the plant. The project occurs entirely along the shoreline and there is no Bay fill associated with the project. As finalized project plans have not yet been provided, plan review after project plans are developed will be required. If there are any substantial changes in the project during the design and engineering which would affect the consistency of the project with BCDC’s enforceable state laws and policies, an amendment to the Letter of Agreement/Concurrence may be needed, which would be included as a condition of concurrence with the Letter of Agreement. Based upon site conditions, public access may not be feasible in this area or along the planned Bay Trail alignment, therefore other access may be required nearby. BCDC staff will continue to work with the City on what constitutes maximum feasible public access consistent with the project.
Tentative Staff Position: Recommend Approval with Conditions. Sam Fielding, 415/352-3665 or sam.fielding@bcdc.ca.gov
Applicant: United States Army Corps of Engineers
San Francisco District
450 Golden Gate Avenue, 4th Floor
San Francisco, CA 94102-2404
BCDC Consistency Determination No. C2023.002.00
Filed on 03/23/23
75th Day on 06/06/23
Location: Within the Bay and the Commission’s Coastal Zone, in the shallow waters off of the shorelines of: Mare Island in eastern San Pablo Bay (Solano County), Pinole (Contra Costa County), Richmond/Albany (Alameda County), Hayward/Cogswell/Long Beach (Alameda County), and Eden Landing Ecological Reserve (Alameda County).
Description: Installation of five temporary data logger monitoring platforms, each consisting of a six-foot by six-foot steel basket attached on top of four two-inch-diameter steel pipes, approximately four-to-six feet above mean higher high water (MHHW), and equipped with solar panels, 12-volt batteries, electronics for data collection, and an instrument arm running from the electronics to the water. Data will be collected to inform beneficial use of dredged material as part of the 2023 Regional Dredged Material Management Plan (RDMMP), and is to include: velocity, wind, wave, suspended sediment concentration, turbidity, conductivity, water quality, and water currents. Final locations of the platforms will be determined in the field due to vessel access, tidal constraints, presence of eelgrass, and coordination with the USCG. At the end of the monitoring period in June or July of 2023, the platforms will be removed with the use of a boat operated winch. The project will be conditioned so as to minimize habitat impacts and will include pre- and post-installation eelgrass surveys where appropriate in accordance with the California Eelgrass Mitigation Policy (2014). Total temporary net fill resulting from the platforms is 32-square-inches; there is no associated permanent Bay fill.
Tentative Staff Position: Recommend Approval with Conditions. Sam Fielding, 415/352-3665 or sam.fielding@bcdc.ca.gov
Supplemental Materials
Commission Mailing April 7, 2023
- April 20, 2023 Commission Meeting
- Staff Report and Recommendation Concerning Amendments to Resolution No. 16 Describing the Commission’s Bay Plan Priority Use Area Boundaries (PDF)
Commission Mailing April 14, 2023
- 2023-2025 Strategic Plan and its Action Plan (PDF) Strategic Plan Action Plan (PDF)
- Draft Minutes of April 6, 2023 Hybrid Commission Meeting (PDF)
- Listing of Pending Administrative Matters
- Staff Report and Recommendation on Pending Legislation
Public Comment Letters (PDF)
Articles about the Bay and BCDC
- The Bay Area’s economy of mud: Dredging concerns threaten jobs, $100 billion in assets
- A perfect storm: the U.S. city where rising sea levels and racism collide
- The science behind California’s extremely wet winter, in maps
- With ‘horizontal levee,’ Palo Alto brings new approach to sea-level rise protection
- Even after lawsuit victory, clock is ticking for Oakland A’s on Howard Terminal stadium
- What will it cost to protect the Bay Area from sea level rise? Try $110 billion, says state agency
Learn How to Participate
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; and (2) describe specifically in that agenda the items to be transacted or discussed. Public notices of Commission meetings and staff reports (as applicable) dealing with matters on the meeting agendas can be found on BCDC’s website. Simply access Commission Meetings under the “Public Meetings” tab on the website and select the date of the meeting.
How to Provide Comments and Comment Time Limits
Pursuant to state law, the Commission is currently conducting its public meetings in a “hybrid” fashion. Each meeting notice will specify (1) where the meeting is being primarily held physically, (2) all teleconference locations, which will be publicly-accessible, and (3) the ZOOM virtual meeting link. If you would like to comment at the beginning of the meeting or on an item scheduled for public discussion, you may do so in one of three ways: (1) being present at the primary physical or a teleconference meeting location; (2) emailing comments in advance to public comment until 10 a.m. on the day of the meeting; and (3) participating via ZOOM during the meeting.
If you plan to participate through ZOOM, please use your ZOOM-enabled device and click on the “raise your hand” button, and then wait to speak until called upon. If you are using a telephone to call into the meeting, select *6 to unmute your phone and you will then be able to speak. 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 or less at the discretion of the Chair during the public comment period depending on the volume of persons intending to provide public comment. Any speakers who exceed the time limits or interfere with the meeting may be muted by the Chair. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members in advance of the meeting for review. 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.
Questions and Staff Reports
If you have any questions concerning an item on the agenda, would like to receive notice of future hearings, or access 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 physically held in venues that are accessible to persons with disabilities. If you require special assistance or have technical questions, please contact staff at least three days prior to the meeting via email. We will attempt to make the virtual meeting accessible via ZOOM accessibility capabilities, as well.
