October 17, 2019 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Board Room, First Floor
San Francisco, CA 94105
(415) 352-3600

[ 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 October 3, 2019 Meeting
    (Peggy Atwell)
  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)
  8. Vote on Bay Plan Amendment No. 2-17 Which Would Add a New Section and Revise Various Sections of the Bay Plan to Address Environmental Justice and Social Equity
    The Commission will consider and may vote on staff’s final recommendation on Bay Plan Amendment No. 2-17, which would revise various sections of the Bay Plan, and add a new section to address environmental justice and social equity. The proposed findings and policies include the creation of a new Environmental Justice and Social Equity section, as well as changes to the Public Access, Shoreline Protection, and Mitigation sections, and are based on the Background Report “Toward Equitable Shorelines: Environmental Justice and Social Equity at the San Francisco Bay” which was published on June 7, 2019. The staff recommendation reflects feedback from the Commission and the public at the July 18, 2019 public hearing, and written comments submitted prior to August 2, 2019. The final recommendation will be mailed on October 4, 2019, and will be available on the Commission’s website.
    (Clesi Bennett) [415/352-3613; clesi.bennett@bcdc.ca.gov]
    Presentation // Guiding Principles // Public Comment Letters (The Commission received 418 copies of the letter submitted by Verenise Caballero from different individuals but with identical text)
  9. 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 fee regulations that are codified at Title 14 of the California Code of Regulations, Division 5, Appendix M.  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 Letters
  10. Commission Briefing on Emergency Permits
    The Commission will be provided with a staff briefing on the Commission’s procedures to issue emergency permits.
    (Brad McCrea) [415/352-3615; brad.mccrea@bcdc.ca.gov]
  11. Briefing on BCDC’s Oil Spill Program
    The Commission will receive a staff briefing on the BCDC Oil Spill Program.  Topics will include BCDC’s cooperation with California Fish and Wildlife OSPR, and its role in the Harbor Safety Committee and drills and incidents around the region.
    (Cody Aichele-Rothman) [415/352-3641; cody.aichele@bcdc.ca.gov]
  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.