December 21, 2023 Commission Meeting

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; steve.goldbeck@bcdc.ca.gov]
4. Approval of Minutes for December 7, 2023 Meeting (PDF)
   (Reylina Ruiz) [415/352-3638; reylina.ruiz@bcdc.ca.gov]
5. Report of the Chair
6. Report of the Executive Director
7. Commission Consideration of Administrative Matters
   (Harriet Ross) [415/352-3615; harriet.ross@bcdc.ca.gov]

9. Vote on the US Army Corps of Engineers, San Francisco District’s Proposed Phased Consistency Determination for the Oakland Turning Basins Widening Project (PDF)
   The Commission will vote on whether to concur with the US Army Corps of Engineers, San Francisco District’s phased consistency determination that the proposed Port of Oakland Outer and Inner Harbor Turning Basins Widening Project, Alameda County is consistent with the Commission’s Coastal Zone Management Plan for San Francisco Bay. In order to improve the ability of large ships calling at the Port of Oakland to turn around, the USACE proposes to widen the Outer Harbor Turning Basin from 49 acres to 70 acres, and the Inner Harbor Turning Basin from 41 acres to 61 acres. At the Inner Harbor Turning Basin portions of Howard Terminal and Alameda Landing (former Naval Annex wharves) a portion the wharves and, land beneath them, infrastructure, and portions of two warehouses would be removed. Both turning basins would require dredging of the new areas to minus 50 feet Mean Lower Low Water (MLLW). In addition, sheet and batter piles, and rip rap would create new bulkheads at Howard Terminal and Alameda Landing. Adjacent to Schnitzer Steel, a subtidal retaining wall with rip rap would stabilize the slope from the shore to subtidal bottom. The disposal of construction debris and dredged sediment is targeted for an appropriately classed landfill, and beneficial reuse at a wetlands restoration site when the materials are of suitable quality. The disposal and reuse site locations are not fully defined, but could occur in Marin and/or Solano County, and a landfill(s) outside of the Commission’s jurisdiction, respectively. The public hearing was heard on December 7, 2023.
   (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov
   Public Comment Letter (PDF)

8. Commission Consideration of a Contract with the Port of San Francisco to Fund Planning Activities (PDF)
   The Commission will consider authorizing the Executive Director to enter into a contract with the Port of San Francisco to fund a planning position that will lead several activities, including amending the San Francisco Waterfront Special Area Plan (Bay Plan Amendment No. 3-17) and coordinating between Port of San Francisco and BCDC on regulatory and planning issues.
   (Erik Buehmann) [415/352-3645; erik.buehmann@bcdc.ca.gov]
   Presentation (PDF)

10. Briefing on Planning Activities in the Suisun Marsh
    The Commission will receive a briefing by the Long-Range Planning team on recent planning activity by Commission staff in the Suisun Marsh, including an overview of the Commission’s authority in the Marsh, a summary of recent updates to Plan in the Marsh, and future planning work.
    (Erik Buehmann) [415/352-3645; erik.buehmann@bcdc.ca.gov]
    Presentation (PDF)
11. Briefing on Updates to the California Sea-Level Rise Guidance
    Representatives of the California Natural Resources Agency Ocean Protection Council (OPC) will brief the Commission on updates to the California Sea-Level Rise Guidance, last issued in 2018. This update aims to incorporate the most current scientific knowledge and improved planning and decision-making guidance to support preparedness for rising sea levels, and is used by BCDC to determine how best to ensure that projects and plans are resilient to rising sea levels.
    (Jessica Fain) [415/352-3642; jessica.fain@bcdc.ca.gov]
12. Adjournment

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 Permit Applications

Commission Mailing December 8, 2023

• December 21, 2023 Commission Meeting

Commission Mailing December 15, 2023

• Draft Minutes of December 7, 2023 Hybrid Commission Meeting (PDF)
• Staff Report and Recommendation to Amend the Contract with the Port of San Francisco for BPA 3-17 to Fund Planning Activities (PDF)
• Staff Recommendation Oakland Turning Basins Widening Project (PDF)
• US Army Corps of Engineers – Oakland Harbor Turning Basins Widening Feasibility Report and Environmental Assessment (PDF) – Revised Presentation
• Issued Regionwide Permits
• Applications for permits, federal consistency actions, and amendments

Articles about the Bay and BCDC

• Restoring San Francisco Bay wetlands, one industrial salt pond at a time
• The plan for a massive floating pool on S.F. piers is moving forward, despite big funding gap
• A free water shuttle connecting two East Bay cities is launching next year. Here are the details

Minutes

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.