Revised March 15, 2018 Commission Meeting

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

[ Map and Directions ]

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) [415/352-3611;]

4. Approval of Minutes of February 1, 2018 Meeting
(Sharon Louie) [415/352-3638;]

5. Report of the Chair

6. Report of the Executive Director

7. Commission Consideration of Administrative Matters
(Brad McCrea) [415/352-3615;]

8A. 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 Involving Proposed Cease and Desist and Civil Penalty Order No. CDO 2018.01, Mark Sanders and Westpoint Harbor, LLC. Pursuant to Government Code Section 11126(e), the Commission may hold a closed session to consider this matter. (Marc Zeppetello) [415/352-3655;]

8. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Commission Cease and Desist and Civil Penalty Order No. CDO 2018.01; Mark Sanders and Westpoint Harbor, LLC.
The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision, including proposed Commission Cease and Desist and Civil Penalty Order No. CDO 2018.01 that would be issued to Mark Sanders and Westpoint Harbor, LLC for alleged violations of BCDC Permit No. 2002.002.09 and the McAteer-Petris Act at Westpoint Harbor, located at the end of Seaport Boulevard in Redwood City, San Mateo County. (Marc Zeppetello) [415/352-3655;] (Adrienne Klein) [415/352-3609;]
Transmittal Cover Memo
Recommended Enforcement Decision
Response to Public Comments
Executive Director's Response to Respondents' Objections
Complaint Re Denial of Public Access
Public Comment Letters
Letters Re Enforcement Record & Scheduling
Additional Comment Letters received since February 23, 2018
Latitude 38 Editorial
BCDC's Response to Latitude 38 Editorial
Staff Letter Re-Potential Ongoing Public Access Violation and Baker Botts Letter Re-Same
Additional Public Comment Letters Received Since March 1, 2018
Friends of Westpoint Harbor Petition
Respondent's Objections to EC Recommended Decision
Staff Presentation

9. 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.