December 5, 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

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 November 21, 2019 Meeting (PDF)
    (Peggy Atwell)
  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)
  8. Public Hearing and Possible Vote on the Terminal One Development Project in the City of Richmond, Contra Costa County; BCDC Permit Application No. 2018.006.00 (PDF)
    POSTPONED and will be rescheduled for a future Commission meeting (date to be determined)
    The Commission will hold a public hearing and possibly vote on an application by Terminal One Development, LLC, and the City of Richmond for a residential neighborhood and waterfront park on a 13.8-acre site at 1500 Dornan Drive, in the City of Richmond, Contra Costa County. The waterfront park would include adaptive reuse of a historic wharf. The Commission may also consider the applicants’ appeal of the permit application fee for this project.
    (Ethan Lavine) [415/352-3618]
    Exhibits (PDF) // Staff Recommendation (PDF) // Exhibits A (PDF) // Exhibits B (PDF)
  9. Closed Session on Pending Litigation
    Pursuant to Government Code Section 11126(e), the Commission will hold a closed session to consider: (a) The Alliance 1849 LLC v. San Francisco Bay Conservation and Development Commission, San Francisco Superior Court Case No. CPF-18-516291; and (b) San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers, United States District Court for the Northern District of California, Case No. C 3:16-CV 05420-RS..
    (Marc Zeppetello) [415/352-3655;]
  10. Public Hearing and Possible Vote on the US Army Corps of Engineers, San Francisco District’s Operations and Maintenance Dredging Program for 2020 through 2024; BCDC Consistency Determination No. C2019.004.00 (PDF)
    The Commission will hold a public hearing and possibly vote on the US Army Corps of Engineers, San Francisco District’s proposed five year maintenance dredging program of six federal deep water channels and three shallow draft channels in San Francisco Bay and with the Commission’s Coastal Zone Management Program, including deep water draft channels of: Oakland Entrance, Inner and Outer Harbor; Richmond Inner Harbor; Richmond Outer Harbor; Pinole Shoal; Suisun Bay and New York Slough; Redwood City Harbor; and San Bruno Shoal, the shallow draft channels of: Petaluma River Channel and Across the Flats; Napa Upper and Lower River Channel; and San Rafael Creek and Across the Flats, and the San Francisco Main Ship channel (located outside the Commission’s jurisdiction). The proposed project depths are between minus 50 feet and minus 35 feet Mean Lower Low Water (MLLW) in the deep draft channels and minus 8 feet to minus 6 feet MLLW in the shallow water channels. In addition, the consistency determination request includes advanced maintenance dredging proposed in the Suisun and Pinole Shoal channels, and potential knockdown events. The total volume proposed for dredging is 14.395 million cubic yards (Mcy), 12.145 Mcy from within the Bay. The disposal and placement of the dredged sediment would be either in-Bay or the San Francisco Bay Deep Ocean Disposal site. Beneficial reuse of the dredged sediment may occur if the USACE determines that beneficial reuse of the sediment from an individual project is the federal standard for that project. The dredging, disposal and placement would occur in Alameda, Contra Costa, Solano, Marin, San Francisco, and San Mateo Counties, and the San Francisco Deep Ocean Disposal Site off the continental shelf.
    (Brenda Goeden) [415/352-3623;]
    Exhibits (PDF) // Staff Recommendation (PDF) // Presentation (PDF) // Public Comment Letter (PDF)
  11. Public Hearing and Vote on the Port of San Francisco’s proposal to construct a Ferry Terminal and Water Taxi Landing at Mission Bay, City and County of San Francisco; BCDC Permit Application No. 2017.008.00 (PDF)
    The Commission will hold a public hearing and possibly vote on the proposed Mission Bay ferry terminal and water taxi landing at the terminus of 16th Street, in the City and County of San Francisco. Public access included with the project would create an approximately 5,800-square-foot plaza at the ferry terminal and improve approximately 23,323 square feet of Agua Vista Park. To allow safe navigation, the project would involve dredging an approximately 8.4-acre area, including an approximately 1.67-acre contaminated area which would be capped with a marine mattress and sand, and an approximately 0.58-acre perimeter of articulating block mats to minimize potential scour. Removal of bay fill would be undertaken to compensate for project fill impacts.
    (Sam Stewart) [415/352-3612;]
    Exhibits (PDF) // Staff Recommendation (PDF) // Exhibits A,B, C (PDF) // Presentation (PDF) // Public Comment Letter (PDF)
  12. Briefing on Enforcement (PDF)
    The Commission will receive a briefing on matters that staff have been undertaking with direction and oversight from the Enforcement Committee.  The briefing will include information on probable policies, guidance and written procedures, as well as general updates on the enforcement caseload and statistics on case resolution (PDF).
    (Priscilla Njuguna) [415/352-3640;]
    Presentation (PDF)
  13. Briefing on San Francisco Bay Plan Amendments 1-19 and 2-19 to Update the San Francisco Bay Area Seaport Plan
    The Commission will receive a briefing from BCDC staff on the status of BCDC’s process to update the Seaport Plan, including status of the 2050 Cargo Forecast and next steps.
    (Katharine Pan) [415/352-3650;]
  14. 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.