April 4, 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

[ 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 March 21, 2019 Meeting
    (Peggy Atwell)
  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters // Supplemental Administatative 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. Public Hearing on San Francisco Fireboat Station 35 Project; BCDC Permit Application No. 2018.002.00
    The Commission will hold a public hearing on an application for BCDC Permit No. 2018.002.00 by the San Francisco Fire Department, San Francisco Public Works, and Port of San Francisco to construct a new fireboat station in the Bay at Piers 22½ and 24, adjacent to the historic Fire Station No. 35, on the northeast San Francisco waterfront. The proposed project would include construction of a two-story fireboat station on a steel float, an access ramp and gangway, and a public observation deck. Existing finger piers at the site would be demolished. (Rebecca Coates-Maldoon) [415/352-3634; rebecca.coates-maldoon@bcdc.ca.gov]
    Exhibits // Applicant Presentation // Staff Presentation
  10. Public Hearing and Possible Vote on U.S. Army Corps of Engineers and U.S. Fish and Wildlife South Bay Shoreline Project, Construction of Reaches 2 and 3 of the Flood Risk Reduction Levee, BCDC Phased Consistency Determination No. C2015.006.00, Amendment No. Two
    The Commission will hold a public hearing and possibly vote on an amendment to the U.S. Army Corps of Engineers (USACE) and U.S. Fish and Wildlife Services (USFWS) consistency determination concurrence authorizing the construction of the second and third of five levee reaches making up the South Bay Shoreline Project, a temporary railroad crossing, a flood gate, and a pedestrian overpass. These reaches will be approximately 15.2 feet high (NAVD 88) and extend 0.95 miles between the Union Pacific Rail Road and Artesian Slough. The completed project would include: 3.8 miles of levee separating former salt ponds from the Town of Alviso and the City of San Jose’s Pollution Prevention Facility; reduction of current and future flood risk; restoration of eight salt ponds to tidal action; and onsite public access trails, connection to regional trails, and amenities. (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov]
    Exhibits // Staff Recommendation // Exhibits // Staff Presentation // Applicant Presentation
  11. Briefing on the Adapting to Rising Tides (ART) Program The Commission will receive a briefing on the Adapting To Rising Tides (ART) Program. The briefing will include updates on the status of the ART Bay Area and ART Eastern Contra Costa County projects as well as discussion about the future of the ART Program and how it will continue to advance climate vulnerability assessment and adaptation planning in the region. (Dana Brechwald) [415/352-3656; dana.brechwald@bcdc.ca.gov]
    Staff Presentation
  12. 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.