June 1, 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 Letter (PDF)
4. Approval of Minutes of May 18, 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 on 557 East Bayshore, in the City of Redwood City, San Mateo County; BCDC Permit Application No. 2023.004.00 (PDF)
   The Commission will hold a public hearing and possibly vote on an application for BCDC of a 14-acre mixed-use residential and commercial development, including a public access area, within the 100-foot shoreline band at 557 East Bayshore Road in the City of Redwood City, San Mateo County
   (Katharine Pan) [415/352-3650; katharine.pan@bcdc.ca.gov]
   Staff Recommendation (PDF) // Exhibits (PDF) // Staff Presentation (PDF) // Presentation (PDF) // Revisions to Staff Recommendation (PDF)
9. A Discussion of, and Possible Votes Concerning, Legislative Activity in Sacramento, Including SB 273 (PDF)
   The Commission will consider and potentially take positions on pending legislation, including Senate Bill 273 (Wiener), Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
   (Larry Goldzband) [415/352-3653; larry.goldzband@bcdc.ca.gov]
10. Briefing on Cargill, Inc. Maintenance and Operations Project, in Portions of Alameda, Santa Clara and San Mateo Counties; BCDC Permit Application No. 2021.003.00
    The Commission will receive a briefing on Cargill, Inc.’s permit application for continuation of its solar salt system maintenance and operations activities for which BCDC is acting as CEQA lead agency.
    (Jenn Hyman) [415/352-3670; jennifer.hyman@bcdc.ca.gov]
    Presentation (PDF)
11. Closed Session on Pending Litigation: Greenberg v. Goldzband et. al. (Super. Ct Solano County, 2022, No FC058917), Commission Cease and Desist and Civil Penalty Order CCD2022.002.00 – CANCELLED
    Pursuant to Government Code Section 11126(e), the Commission may hold a closed session to consider this matter.
    (Greg Scharff) [650/686-9303; Greg.Scharff@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 Permits Applications

Applicant

Amports Inc.
2000 Center Street, Suite 303
Berkeley, CA 94704

Permit Application No. M1985.019.07 (Non-Material Amendment No. Seven)

Filed on 04/24/23

90th Day on 07/23/23

Location

Within the Commission’s Bay and 100-foot shoreline band jurisdictions, at AMPORTS Benicia Wharf, 1100 Bayshore Rd, Benicia, Solano County.

Description

To replace an approximately 10,500-square-foot section of a concrete wharf and an approximately 14,200-square-foot wooden wharf with a 13,340-square-foot concrete wharf. The existing structures were damaged in a fire in April, 2022, and require replacement. The new structures will use concrete, steel or HDPE piles to replace the creosote treated wooden piles of the old structure, and will result in a net decrease of 248 square feet of in water fill. To ensure that the new structures are safely designed, the applicant arranged for an independent review of the plans by qualified engineers.

Tentative Staff Position

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

Applicant

Pacific Flyway Fund
P.O. Box 907
Concord, CA 94522

Marsh Development Permit Application No. M2020.023.00md

Filed on 04/07/23

90th Day on 07/06/23

Location

Within and along the north-western edge of the Primary Management Area (PMA) of the Suisun Marsh, in the City of Fairfield, Solano County; along Ramsey Road parallel to Highway 680 and within the Garibaldi Unit of the Grizzly Island Wildlife Area.

Description

The Pacific Flyway Fund proposes to construct a 280-acre Pacific Flyway Center development project partially within the PMA and partially in the Secondary Management Area of Suisun Marsh (SMA). The majority of the project is located in the SMA and includes 15 ponds, an education center, parking, public access paths, interpretative signs, and plantings. The project will be conducted in two phases. This permit is for Phase 1 of the project that is taking place in the PMA and includes: excavating three managed wetland ponds and an intake swale; installing outflow and intake water control structures and pipelines; constructing public pathways atop the pond levees; and planting native vegetation in the 200-acres located in the PMA. Approximately 26,000 cubic yards of soil will be excavated to create the ponds and swales in the PMA. The excavated soil will be reused on site to construct public pathways and managed wetland features throughout 76 acres of the site. Once constructed, the three ponds will be filled with a combination of water from adjacent managed wetlands, partially treated wastewater from the City of Fairfield, an on-site well, and rainwater. Initially, a lift pump will be used to fill Pond A which will supply water to the rest of the 14 ponds in both the PMA and SMA via gravity flow through connecting intake and outtake lines. The ponds’ water will eventually return to the on-site seasonal wetlands through 5 outflow lines and swales located in the PMA. Phase 1 construction is projected to begin this year (2023) and completed within two years. Phase 2 would be constructed within the next 10 years and is not included in this permit.

Tentative Staff Position

Recommend Approval with Conditions. Pascale Soumoy; 415/352-3669 or pascale.soumoy@bcdc.ca.gov

Applicants

Sonoma County Regional Parks
2300 County Center Drive, Suite 120a
Santa Rosa, CA 95430

Permit Application No. M2021.006.00

Filed on 05/04/23

90th Day on 08/02/23

Location

Within the Commission’s certain waterway jurisdictions, at 28000 Skaggs Island Road, in the City of Sonoma, Sonoma County.

Description

Replace an existing public boat ramp, dock and gangway with a new ramp, dock and gangway and restore tidal marsh habitat. The project will result in a net increase of Bay fill of approximately 406 square feet. The project will mitigate for the increased Bay fill by removing creosote treated wood from the Bay and by restoring 800 square feet of high marsh on-site habitat through plantings. The restored marsh area and the temporarily disturbed tidal marsh around the boat ramp site will be monitored and adaptively managed to ensure success.

Tentative Staff Position

Recommend Approval with Conditions. 415/352-3613 or rowan.yelton@bcdc.ca.gov

Commission Mailing May 19, 2023

• Notice of Revised Date of Public Hearing for Bay Plan Amendment No. 1-19
• Application Summary 557 East Bayshore

Commission Mailing May 26, 2023

• Staff Recommendation 557 East Bayshore (PDF) // Exhibits (PDF)
• Staff Report on Senate Bill 273 (Wiener) Tidelands and Submerged Lands City and County of San Francisco: Piers 30-32: Mixed-Use Development (PDF)
• Draft Minutes of May 18, 2023 Hybrid Commission Meeting (PDF)
• Public Comment Letter (PDF)
• Listing of Pending Administrative Matters

Articles about the Bay and BCDC

• How does sea level rise challenge modern notions of property lines?
• Historical moment’ for California surf schools in wake of shake-up at one Bay Area beach
• New Map Exposes Critical Gaps in Bay Area’s Readiness for Sea Level Rise
• City planners targeted a Black community for heavy pollution.
• New Flood Protection Standard for the Peninsula – KneeDeep Times
• California Surf Schools

Meeting Minutes (PDF)

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.