January 19, 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]
   Public Comment (PDF)
4. Approval of Minutes of December 15, 2022 Meeting (PDF)
   (Peggy Atwell) [415/352-3638; peggy.atwell@bcdc.ca.gov]
5. Report of the Chair
6. Report of the Executive Director
7. Commission Consideration of Administrative Matters
   (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]
8. Commission Consideration of Bay Adapt Regional Shoreline Adaptation Plan Planning Contract (PDF)
   The Commission will consider authorizing the Executive Director to enter into a $480,000 contract to provide the Commission planning, communications, and outreach support to support the Bay Adapt Regional Shoreline Adaptation Plan.
   (Dana Brechwald) [415/352-3656; dana.brechwald@bcdc.ca.gov]
9. Commission Consideration of Bay Adapt Implementation Strategy and Outreach Contract (PDF)
   The Commission will consider authorizing the Executive Director to enter into a $330,000 contract to provide the Commission strategic leadership, communication, tracking, convening, metrics, and organization to support Bay Adapt backbone functions.
   (Dana Brechwald) [415/352-3656; dana.brechwald@bcdc.ca.gov]
   Presentation (PDF)
10. Commission Consideration of a Contract with Resources Legacy Fund for Environmental Justice Advisors (PDF) – POSTPONED
    The Commission will receive a briefing and consider authorizing the Executive Director to enter into a $180,000 contract with the Resources Legacy Fund to help provide stipends to BCDC’s EJ Advisors. The Resources Legacy Fund will receive the money granted to BCDC from the State Coastal Conservancy and the Ocean Protection Council and pass it through to the EJ Advisors as payment for their services.
    (Phoenix Armenta) [415/352-3604; phoenix.armenta@bcdc.ca.gov]
    Presentation (PDF)
11. Briefing on the Racial Equity Workshop Held on October 6, 2022 (PDF)
    The Commission will receive a briefing on the results of the Racial Equity Workshop held on October 6, 2022. BCDC’s Racial Equity Team will present the findings from the Ferdman Consulting summary report and a brief update on the next steps for the Racial Equity Plan. This is a briefing only, and no vote is scheduled on this item.
    (Phoenix Armenta) [415/352-3604; phoenix.armenta@bcdc.ca.gov]
    Presentation (PDF)
12. Strategic Plan Adoption (PDF)
    The Commissioner Working Group on Strategic Planning will present its recommendation that the Commission approve the draft Strategic Plan posted on January 6, 2023.
    (Larry Goldzband) [415/352-3653; larry.goldzband@bcdc.ca.gov]
    Presentation (PDF)
13. Briefing on Long-Range Planning
    The Commission will receive a briefing on projects led by the Long-Range Planning team, including an overview and update on current Bay Plan Amendments. The Long-Range Planning Team is a unit in the Planning Division, and is responsible for conducting major planning studies, policy research and development, and incorporating best available science and best management practices into BCDC’s plans. This is a briefing only, and no vote is scheduled on this item.
    (Erik Buehmann) [415/352-3645; erik.buehmann@bcdc.ca.gov]
    Presentation (PDF)
14. Initial Compliance Briefing
    Compliance staff will brief the Commission on the new program’s goals and their implementation plan. This is a briefing only, and no vote is scheduled on this item.
    (Greg Scharff) [415/352-3655; greg.scharff@bcdc.ca.gov]
    Presentation (PDF)
15. 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

Applicants
Joseph and Mary Cheng
259 Claudia Court
Moraga, CA 94566

Permit Application No. M2021.012.00

Filed on October 15, 2022

90th Day on January 13, 2023, extended to January 26, 2023

Location
Within the Commission’s 100-foot shoreline band jurisdiction, at 400 Lancaster Street, in the City of Oakland, Alameda County.

Description
Use and maintain in-kind a 7,800-square-foot portion of an existing 104,730-square-foot warehouse for office uses.

Install a security fence separating the warehouse building from the easement granted to the City of Oakland for public access, involving a 6-foot-tall painted steel picket fence along the southern edge of the building and a 6-foot-tall galvanized steel chain link fence between the building and Fruitvale Avenue.

Tentative Staff Position
Recommend Approval with Conditions. Katharine Pan; katharine.pan@bcdc.ca.gov or 415/352-3650

Applicant
CEMEX Construction Materials Pacific, LLC
2365 Iron Point Road
Folsom, CA 95630

Permit Application No. M2021.022.00

Filed on November 8, 2022

90th Day on February 6, 2023

Location
Within the Commission’s 100-foot shoreline band jurisdiction, at 876 Seaport Boulevard, in the City of Redwood City, San Mateo County.

Description
Construct, use, and maintain in-kind a portion of a ready-mix concrete batch plant, involving the following:

• Stockpile Area. A 3,200-square-foot portion of a 7,500-square-foot stockpile area designated for one uncovered aggregate or sand stockpile containing up to approximately 1,000 tons of aggregate or sand and with an average height of approximately 20 feet;
• Feed Bin and Enclosed Conveyor. A ground-level feed bin approximately 12 feet in width, 12 feet in length, and 10 feet in height, and a portion of an enclosed conveyor approximately 6.5 feet in width, 34 feet in length, and 25 feet in height connecting to the proposed plant; and
• Grading and Site Preparation. Grading and soil preparation for the ground-level feed bin foundation.

Tentative Staff Position
Recommend Approval with Conditions. Katharine Pan; katharine.pan@bcdc.ca.gov or 415/352-3650

Applicant
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590

Permit Application No. M2022.013.00

Filed on November 4, 2022

90th Day on February 2, 2023

Location
Within the Commission’s Bay and 100-foot shoreline band jurisdictions, at the Mare Island Causeway Bridge, over the Mare Island Strait in the City of Vallejo, Solano County.

Description
Repair the Mare Island Causeway Bridge in the Bay and the 100-foot shoreline band by repairing and/or replacing damaged concrete and steel bridge components, replacing the concrete bridge deck and sidewalk, installing new lighting, replacing one concrete pile with a steel pile, repairing concrete piles under the bridge, and replacing damaged fenders and cathodic protection anodes. The pile replacement and repairs will not result in a significant increase in Bay fill, only approximately 4.3 cubic yards and all occurring within the existing footprint of the bridge. The project will improve public access by replacing the existing, deteriorated sidewalk with a new, ADA-accessible sidewalk, and temporary impacts to public access will be avoided by the implementation of pedestrian lanes throughout construction.

Tentative Staff Position
Recommend Approval with Conditions. Rowan Yelton; rowan.yelton@bcdc.ca.gov or 415/352-3613

Applicants
Queen’s Louisiana Po-Boy Café, LLC
Pier 33, The Embarcadero
San Francisco, CA 94133

and

Port of San Francisco
Pier 1, The Embarcadero
San Francisco, CA 94111

Permit Application No. M2022.026.00

Filed on December 6, 2022

90th Day on March 6, 2023

Location
Within the Commission’s 100-foot shoreline band jurisdiction, at Queen’s Louisiana Po-Boy Café at Pier 33 along the Embarcadero in the City and County of San Francisco.

Description
The project would establish an outdoor dining area for a five-year period at Queen’s Louisiana Po-Boy Café. The outdoor dining area is designed to be compatible with the adjacent public access area along the Embarcadero, and would include controls to minimize potential conflicts between outdoor dining and users of the Embarcadero. The project would also install five bike racks for the benefit of the public.

Tentative Staff Position
Recommend Approval with Conditions. Shruti Sinha; shruti.sinha@bcdc.ca.gov or 415-352-3654

Commission Mailing January 6, 2023

• January 19, 2023 Commission Meeting
• Listing of Pending Administrative Matters
• 2023-2025 Draft Strategic Plan (PDF)

Commission Mailing January 13, 2023

• Draft Minutes of December 15, 2022 Hybrid Commission Meeting (PDF)
• Staff Report and Recommendation on a Contract for Bay Adapt Regional Shoreline Adaptation Plan – Planning Contract (PDF)
• Staff Report and Recommendation on a Contract for Bay Adapt Implementation Strategy and Outreach (PDF)
• Staff Report and Recommendation on a Contract with Resources Legacy Fund for Environmental Justice Advisors (PDF)
• Final Report Racial Equity Commissioner Workshop (PDF)
• Applications for permits, federal consistency actions, and amendments and issued Regionwide Permits

Public comment letter (PDF)

Articles about the Bay and BCDC

• State Regulators Scrutinize Climate Plan for Controversial Richmond Housing Development
• What Happened When the Bay Area Rejected Growth
• Facebook Bridge to Nowhere
• Letter to Governor Newsom on the occasion of the 50th anniversary of the federal Coastal Zone Management Act (PDF)

Meeting Minutes (PDF)

Audio Recording Part 1

Audio Recording Part 2

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.