July 20, 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 of June 15, 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
   (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]
8. Public Hearing and Possible Vote for 777 Airport Boulevard Office Development, in the City of Burlingame, San Mateo County; BCDC Permit Application No. 2022.004.00 (PDF)
   The Commission will hold a public hearing and possibly vote on an application for BCDC Permit No. 2022.004.00 on a proposal by Lincoln Property West to develop a 3.08-acre former hotel site into a life sciences campus with improvements to the existing Bay Trail and shoreline public access area at 777 Airport Boulevard in the City of Burlingame, San Mateo County.
   (Shruti Sinha) [415/352-3654; shruti.sinha@bcdc.ca.gov]
   Exhibit (PDF) // Letter (PDF) // Staff Recommendation // Exhibits A and B (PDF) // Applicant’s Presentation (PDF) // Staff’s Presentation (PDF) // Revised Exhibits A and B (PDF) // Revised Staff Recommendation (PDF) // Staff Recommendation Corrections (PDF)
9. Commission Consideration of a Sediment Grant Facilitator Contract (PDF)
   The Commission will consider authorizing the Executive Director to enter into a contract for facilitation services to assist BCDC staff in its Sediment for Wetland and Adaptation Project funded by grants from the U.S. Environmental Protection Agency and the Ocean Protection Council. With BCDC staff and the project core team, the facilitator will co-design a collaborative stakeholder process, develop a stakeholder workshop, assist in development and review of workshop materials, facilitate the workshop, and help develop a Sediment for Wetlands Roadmap document following the workshop.
   (Maya McInerney) [415/352-3646; maya.mcinerney@bcdc.ca.gov
   Presentation (PDF)
10. 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.

Emergency Permits

The Executive Director has issued the following emergency permit since the last listing.

Applicant

City of Santa Rosa
69 Stony Circle
Santa Rosa, CA 95401

Emergency Permit No. E2023.004.00

Location

Within the Commission’s Certain Waterway Jurisdiction, in the Petaluma River, in unincorporated Sonoma County.

Description

BCDC staff, with the approval of the Executive Director and the Chair of the Commission, issued an emergency permit to the City of Santa Rosa to conduct emergency repairs to levees that were damaged in storms in December 2022. The City determined that the levees were in imminent danger of failure, which would result in flooding of agricultural land, and private businesses. To prevent this, the City proposed the temporary placement of approximately 240 cubic yards of riprap on the existing levees. BCDC staff issued the emergency authorization for the repairs on July 7, 2023, with the requirements that (1) the City submit a post-construction report, (2) the City submit a written permit application for a permanent levee reconstruction project by March 31, 2024, (3) the riprap be removed by November 30, 2024, and (4) the City comply with standard environmental minimization measures and best practices during construction. The construction commenced July 7, 2023, and is expected to be completed by August 31, 2023.

Rowan Yelton [415/352-3613 or rowan.yelton@bcdc.ca.gov]

Administrative Permits Applications

Applicant
Dirk Ivory
90 Century Drive
Mill Valley, CA 94941

BCDC Permit Application No. M2021.034.00

Filed on March 10, 2023

90th Day on June 6, 2023 extended to August 3, 2023

Location

In the Bay and within the Commission’s 100-foot shoreline band jurisdiction, at 90 Century Drive, in the City of Mill Valley, Marin County.

Description

After-the-fact authorization to construct, use, and maintain landscaping and a rear yard stairway at a single-family residence and in a dedicated public access area.

Tentative Staff Position

Recommend Approval with Conditions to construct, use, and maintain landscaping and a rear yard stairway, not including the portion of the stairway located within the dedicated public access area. (Adrienne Klein; Principal Enforcement Analyst; 415/352-3609 or adrienne.klein@bcdc.ca.gov)

Applicant

San Rafael Yacht Harbor
557 East Francisco Blvd
San Rafael, CA 94901

BCDC Permit Application No. M2022.023.00

Filed on June 26, 2023

90th Day on September 26, 2023

Location

In the Commission’s Bay jurisdiction, at the state and federally approved San Pablo Bay (SF-10) and Alcatraz (SF-11) disposal sites.

Description

Dispose of up to 100,000 cubic yards (cy) of dredged sediment from the San Rafael Harbor, over a ten-year period, at the state and federally approved San Pablo Bay (SF-10) disposal site. In the event that the San Pablo Bay site reaches near capacity, Alcatraz (SF-11) will act as an alternative disposal option. Episode one is expected to remove and dispose of up to 5,000 cy of sediment from the creek-side docks of the Yacht Harbor.

Tentative Staff Position

Recommend Approval with Conditions. (Jaime Lopez, Environmental Scientist; 415/352-3648 or jaime.lopez@bcdc.ca.gov)

Commission Mailing July 7, 2023

• July 20, 2023 Commission Meeting
• Amended Application Summary 777 Airport Boulevard Life Sciences Redevelopment Project
  Exhibit (PDF) // Letter (PDF)
• Listing of Pending Administrative Matters
• Notice of Revised Date of Public Hearing for Bay Plan Amendment No. 3-17 – San Francisco Waterfront Special Area Plan (PDF)

Commission Mailing July 14, 2023

• Draft Minutes of June 15, 2023 Hybrid Commission Meeting (PDF)
• Staff Report and Recommendation on Sediment Grant Facilitator Contract (PDF)
• Supplemental Listing of Pending Administrative Matters
• Staff Report and Recommendation on Sediment Grant Facilitator Contract (PDF)
  Exhibits A and B (PDF)

Articles about the Bay and BCDC

• It will cost $110 billion to protect San Francisco Bay from rising sea levels, new study shows
• The Plan to Save New York From the Next Sandy Will Ruin the Waterfront. It Doesn’t Have To

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.