- This event has passed.
May 16, 2024 Commission Meeting
May 16 @ 1:00 pm - 5:00 pm
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video-conference link and teleconference information for members of the public to participate virtually is also specified below.
Primary Physical Meeting Location
Metro Center
375 Beale St., Temazcal Conference Room
San Francisco, 415-352-3600
If you have issues joining the meeting using the link, please enter the Meeting ID and Password listed below into the ZOOM app to join the meeting.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/88105137697?pwd=vbbiJ6slOT960Wiv4z9juBdKuZbMvZ.1
Live Webcast
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Teleconference numbers
1 (866) 590-5055
Conference Code 374334
Meeting ID
872 1472 7080
Passcode
506054
If you call in by telephone:
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Press *9 to raise your hand or lower your hand to speak
Tentative Agenda
- Call to Order
- Roll Call
- 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] - Approval of Minutes for May 2, 2024 Meeting
(Sierra Peterson) [415/352-3608; sierra.peterson@bcdc.ca.gov] - Report of the Chair
- Report of the Executive Director
- Commission Consideration of Administrative Matters
(Harriet Ross) [415/352-3615; harriet.ross@bcdc.ca.gov] - Public Hearing and Possible Vote on PG and E Programmatic Operations and Maintenance Permit 2023.002.00
The Commission will hold a public hearing and possibly vote on an application by Pacific Gas and Electric Company for a five-year operations and maintenance program for existing gas and electrical transmission structures throughout the Commission’s jurisdiction, excluding the Suisun Marsh
Application Summary
Staff Presentation
Applicant Presentation
(Rowan Yelton) [415/352-3613; rowan.yelton@bcdc.ca.gov] - Public Hearing and Possible Vote on PG and E Programmatic Operations and Maintenance Permit 2023.003.00md
The Commission will hold a public hearing and possibly vote on an application by Pacific Gas and Electric Company for a five-year operations and maintenance program of existing gas and electrical transmission structures in the Suisun Marsh.
Application Summary
(Rowan Yelton) [415/352-3613; rowan.yelton@bcdc.ca.gov] - Public Hearing and Possible Vote on 505 East Bayshore Road Permit Application
The Commission will hold a public hearing and possibly vote on an application by Regis Homes Bay Area, LLC, to redevelop an approximately 2.54-acre industrial parcel with a new residential project consisting of 56 for-sale townhouses, as well as shoreline public access and open space areas, within the Bay and 100-foot shoreline band at 505 East Bayshore Road in the City of Redwood City, San Mateo County.
Application Summary
Letter of Support
Letter of Support
Staff Presentation
Applicant Presentation
(Katharine Pan) [415/352-3650; katharine.pan@bcdc.ca.gov] - Commission Authorization of an Interagency Flooding and Sea Level Rise Memorandum of Understanding
The Commission will receive a briefing and consider authorizing the Executive Director to enter into a Memorandum of Understanding (MOU) between BCDC and the member agencies of the Bay Area Regional Collaborative (BARC). The purpose of the MOU is to coordinate efforts to address the threats of flooding and sea level rise the San Francisco Bay Area.
Attachment A
Presentation
(Jessica Fain) [415/352-3642; jessica.fain@bcdc.ca.gov] - Adjournment
Listing of Pending Administrative Matters
This report lists the administrative permit applications 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
J&M Paradise Properties LLC
P.O. Box 2099
Mill Valley, CA 94941
BCDC Permit Application No. M2023.029.0
Renovate and remodel a single-family home through the following activities:
- Install a new 600-square-foot parking deck and driveway;
- Construct a new, approximately 1,000 square-foot ADU residence with an approximately 410-square-foot deck;
- Expand the second-floor residence from 650 square feet to approximately 1,047 square feet, and replace a 162 square-foot deck in-kind;
- Expand the first-floor residence from 639 square feet to approximately 786 square feet, and replace a 162 square-foot deck in-kind;
- Reduce the size of the crawl space area from 584 square feet to 575 square feet;
- Expand the basement floor patio from 145 square feet to 220 square feet; and
- Replacing the existing outdoor staircases and landings, reducing the footprint from 512 square feet to 305 square feet. The project will take place entirely within the Shoreline Band and will not result in any Bay fill. The applicant will submit an amendment request at a later date for a proposed overwater deck and boat dock. There are no existing public access requirements in the vicinity, and no new improvements are proposed as part of this project.
Recommend Approval with Conditions. Sam Fielding; 415/352-3665 or sam.fielding@bcdc.ca.gov
City of Sausalito
420 Litho Street
Sausalito CA 94965
BCDC Permit Application No. M2024.004.00
Within the Commission’s Bay jurisdictions, at 466 Bridgeway, in the City of Sausalito, Marin County.
Reinstall a historic sea lion sculpture, which was originally installed in 1958, and damaged by a storm in 2023. This project would reinstall the statue on a new concrete pedestal. The project will result in approximately 1.2 cubic yards of new fill over an approximately
25-square-foot area of the Bay. Construction of the project will require a temporary detour of a sidewalk for fewer than five days.
Recommend Approval with Conditions. Rowan Yelton; 415/352-3613 or rowan.yelton@bcdc.ca.gov
National Park Service
Lower Fort Mason Center – Building E
San Francisco, CA 94123
BCDC Consistency Determination No. C2024.003.00
Within the Bay and the Commission’s Coastal Zone, at the Sea Scout Base of San Francisco Maritime National Historical Park in the City and County of San Francisco.
Repair the existing deteriorated system of walkways, docks, and piers at the Sea Scout base, through the following activities. Remove the existing:
- 20-foot-long walkway between the concrete platform and elevated wooden pier;
- 12-foot-long by 8-foot-wide portion of the existing elevated wooden pier;
- 21-foot-long by 8-foot-wide metal gangway; and
- floating 40-foot-long by 8.75-foot-wide dock. Install a new 40-foot-long by 10-foot-wide floating dock, consisting of wood planking on floats; and a new 42-foot-long by 4-foot-wide metal gangway with metal guardrail.
No existing pilings will be removed, and new pilings will not be installed. The project will be conditioned to minimize impacts to Bay Resources and public access in the vicinity during construction. The project will result in no solid fill in the Bay.
Recommend Approval with Conditions. Sam Fielding; 415/352-3665 or sam.fielding@bcdc.ca.gov
The Commission has received the following minor amendment to the Suisun Marsh Local Protection Program for certification since the last listing.
Suisun Resource Conservation District
2516 Grizzly Island RoadSuisun City, CA 94585
Minor Amendment to the Suisun Marsh Local Protection Program (BPA 1-23)
Port of San Francisco
Pier 1, The Embarcadero
San Francisco, CA 94111
BCDC Permit Application No. M2023.019.00
Within the Commission’s Bay jurisdictions, at Wharf J9, Pier 47, in the City and County of San Francisco.
Remove and replace the existing dilapidated Wharf J9 mooring piles and construct a temporary floating dock, through the following actions:
- Remove fifteen existing timber piles;
- Install twelve steel piles;
- Install a 12-foot by 270-foot floating dock;
- Install an 8-foot by 16-foot aluminum access platform; and
- Install an 8-foot by 12-foot steel platform with a 4-foot by 80-foot aluminum gangway connecting to the floating dock.
The dock will accommodate up to six vessels, and allow public access to off-boat fish and crab sales. The Project is an interim action, and is part of the Port’s longer-term Waterfront Resiliency Program redevelopment project of Wharf J9. The new floating dock would remain in place for approximately two to five years until the Wharf J9 Redevelopment project is permitted and implemented. The project will result in a net total of 3,479 square feet of overwater fill and 5.22 cubic yards of solid fill. The project will be conditioned to minimize impacts to Bay resources and to public access in the area during construction.
Recommend Approval with Conditions. Sam Fielding; 415/352-3665 or sam.fielding@bcdc.ca.gov
Supplemental Materials
Articles about the Bay and BCDC
China Basin revealed: How a ‘complicated land-use deal’ yielded a new gem by the bay
Meeting Minutes
Audio Recording & Transcript
Audio recording
Transcript
LET’S CALL THE ROLL.
>>CLERK, REYLINA RUIZ: CHAIR
WASSERMAN?
>>CHAIR, ZACHARY WASSERMAN:
HERE.
>>CLERK, REYLINA RUIZ:
ADDIEGO?
>>MARK ADDIEGO: HERE.
>>CLERK, REYLINA RUIZ:
COMMISSIONER AHN? AHN HERE.
>>CLERK, REYLINA RUIZ:
COMMISSIONER BEACH?
>>SPEAKER: PRESENT.
>>CLERK, REYLINA RUIZ:
ECKLUND?
>>PATRICIA SHOWALTER: HERE.
>>CLERK, REYLINA RUIZ:
GILLMOR?
>>SPEAKER: HERE.
>>CLERK, REYLINA RUIZ:
GUNTHER?
GUN HERE.
>>CLERK, REYLINA RUIZ: HASZ?
>>V. CHAIR, KARL HASZ: HERE.
>>CLERK, REYLINA RUIZ: KIM
BAIL?
>>SPEAKER: HERE.
>>CLERK, REYLINA RUIZ:
KISHIMOTO?
>>YORIKO KISHIMOTO: HERE.
>>CLERK, REYLINA RUIZ: NELSON?
>>BARRY NELSON: HERE.
>>CLERK, REYLINA RUIZ:
MOULTON-PETERS?
>>STEPHANIE MOULTON-PETERS:
HERE.
>>CLERK, REYLINA RUIZ:
PEMBERTON?
>>SHERI PEMBERTON: HERE.
>>CLERK, REYLINA RUIZ: PINE?
>>DAVE PINE: HERE.
>>CLERK, REYLINA RUIZ:
COMMISSIONER RANDOLPH? RAN.
>>SPEAKER: HERE.
>>CLERK, REYLINA RUIZ: HAVE WE
MISSED ANYONE?
>>SPEAKER: COMMISSIONER
JOHN-BAPTISTE.
>>CLERK, REYLINA RUIZ: THANK
YOU. CHAIR WASSERMAN, YOU HAVE
A QUORUM. THANK YOU FOR THOSE
OF YOU WHO ARE HERE VIRTUALLY
WHO ARE MEETING OUR STATUTORY
REQUIREMENT TO HAVE SOMEBODY IN
THE BUILDING. WE ARE NOW AT
ITEM THREE PUBLIC COMMENT SIERRA
DO WE HAVE PEOPLE WHO HAVE
SIGNED UP FOR PUBLIC COMMENT
THIS IS TO ADDRESS MATTERS THAT
ARE NOT ON OUR AGENDA TODAY FOR
WHICH WE DO NOT HAVE A HEARING.
YOU WILL HAVE THREE MINUTES.
>>CLERK OF THE BOARD: THERE ARE
NO COMMENTS IN-PERSON AND NO
HANDS RAISED.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. THAT BRINGS US TO MY
— OH I’M SORRY. THAT BRINGS US
TO APPROVAL OF THE MINUTES OF
MAY 2ND, 2024. WE HAVE BEEN ED
DRAFTS OF THOSE MINUTES DO I
HAVE A MOTION AND SECOND TO
APPROVE?
>>PATRICIA SHOWALTER: I MOVE
APPROVAL, PAT EKLUND.
>>YORIKO KISHIMOTO: I’LL
SECOND.
>>CHAIR, ZACHARY WASSERMAN:
MOVED BY COMMISSIONER ECKLUND,
SECOND BY COMMISSIONER
KISHIMOTO. ARE THERE ANY
OBJECTIONS OR CORRECTIONS TO THE
MINUTES?
>>MARIE GILMORE: ONE
ABSTENTION.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER GILLMOR ABSTAINS.
>>SPEAKER: I WILL WILL BE AB
STAINING.
>>CHAIR, ZACHARY WASSERMAN: TWO
ABSTENTIONS. THE MINUTES ARE
APPROVED. THAT BRINGS US TO MY
REPORT I WANT TO START BY
THANKING THE GOVERNOR, LARRY
WILL PROVIDE ADDITIONAL DETAILIS
WANT TO RECOGNIZE ON BEHALF OF
THE COMMISSION THAT THE
GOVERNOR’S MAY BUDGET DOES
INCLUDE FUNDING TO START
IMPLEMENTING SB272. AND IN THIS
VERY DIMPLE BUDGET YEAR, WE NEED
TO THANK HIM FOR DOING THAT AND
HIS COMMITMENT TO SHORELINE
RESILIENCE AND OUR — AND THIS
IS A VERY BROAD OUR,
A VERY BIG TENT — ABILITY TO
START DISSEMINATING THESE
GUIDELINES AND START
IMPLEMENTING CONSISTENCY WE THEM
AND PROJECTS TO SAVE US ALL FROM
THE INUNDATION THAT IS COMING.
I WAS PLEASED IN A NUMBER OF
WAYS ON TUESDAY BAY
PLANNING COALITION HOSTED THEIR
SPRING SUMMIT FOCUSED ON
FINANCING ADAPTATION TO RISING
SEA LEVEL.
THEY HAD A FULL ARRAY OF
SPEAKERS AND PANELISTS TALKING
ABOUT HOW THIS IS GOING HAPPEN
AND THE NECESSARY ELEMENTS. WE
WERE KICKED OFF WITH A KEYNOTE
BY FORMER MAYOR LIBBY SCHAAF OF
OAKLAND, WHOSE THEME WAS HOPE,
CHANGE, ACTION. AND SOME OF THE
THEMES THAT WE’RE STATED
THROUGHOUT THE VARIOUS SPEAKERS
WERE, WE DO NEED TO WORK
TOGETHER. WE NEED TO RECOGNIZE
THAT WE CAN ONLY ADDRESS THIS AS
A REGION, THAT IT’S GOING TAKE,
AS WE WELL KNOW, SOURCES, FUNDS
FROM MANY DIFFERENT SOURCES TO
MEET THE COST, THE ESTIMATED
$110 BILLION COST, AND WE ALL
THAN’S A LOW FIGURE, A SCARY
FIGURE, BUT LOW FIGURE. THERE
WAS ALSO SOME EMPHASIS ON THE
IMPORTANCE OF STORY TELLING,
BOTH FOR OURSELVES AND AS WE
COMMUNICATE OUR ISSUES TO
ELECTED LEADERS AT ALL LEVELS
AND TO THE PUBLIC THAT, WE NEED
TO KEEP IN MIND STORY THAT
CONVEY BOTH WHAT MAY HAPPEN, AND
THE WAY IN WHICH WE CAN, IN
FACT, ADAPT AND FUND
ADAPTATION.
I HAD THE CHALLENGE OF
SUMMARIZING SOME FIVE HOURS OF
PRESENTATIONS IN TEN MINUTES.
AND I THINK I ROSE TO THE
CHALLENGE. BUT IT WAS A VERY
GOOD CONFERENCE. I WANT TO
THANK EVERYBODY WHO WAS AT THE
METRO CENTER TWO WEEKS AGO. OUR
ABILITY TO MEET TOGETHER, I
THINK, DOES ENHANCE OUR ACTIONS
AS A COMMISSION. RECOGNIZING
THAT FOR MANY, THE CONVENIENCE
OF BEING ABLE TO ATTEND BY ZOOM
IS IMPORTANT, AND
ENVIRONMENTALLY BENEFICIAL.
NONETHELESS N DOING THIS WORK,
WHICH IS NOT EASY, HAVING PEOPLE
MEET TOGETHER AND BE ABLE TO SEE
EACH OTHER AND TALK OFFLINE A
BIT, IS ALWAYS VERY HELPFUL.
COMMISSIONER GUNTHER HAS ASKED
FOR A COUPLE OF MINUTES TO
COMMENT ON THE SEA LEVEL RISE
PRESENTATION THAT WE HEARD AND
HE NOW HAS THE FLOOR.
>>ANDREW GUNTHER: THANK YOU MR.
CHAIRMAN. JUST VERY BRIEFLY, I
WANT TO SHARE WITH EVERYBODY
THAT IN THINKING ABOUT BEN
HAMILTON’S PRESENTATION, AND THE
FACT THAT THE HIGH SCENARIO FOR
SEA LEVEL RISE IS NOW LOWER, AND
THAT WE WON’T SEE — WE REALLY
DON’T HAVE A CHANCE, ACCORDING
TO THEIR NEW PROJECTIONS OF
SEEING THREE METERS OF SEA LEVEL
RISE UNTIL THE MIDDLE OF THE
22nd CENTURY, THAT MEANS
EVERYTHING THAT WE’RE DOING NOW,
PARTICULARLY THE WETLANDS
RESTORATION IS GOING TO RESULT
IN ANOTHER HALF OR MAYBE A FULL
CENTURY OF BENEFITS TO THE
REGION BEFORE THEY’RE FINALLY
INUNDATED. AND THE SAME THING
GOES THROUGH FOR ANY HARD
STRUCTURES WE PUT IN THERE. SO,
I THINK IT AD ADDS TREMENDOUS
FRAME OF THE VALUE OF WHAT WE DO
IN THE PRESENT DAY. THAT BEING
SAID, I ALSO WANT TO SHARE THAT
THE WHOLE PROCESS OF ICE SHEET
COLLAPSE, WHICH IS THE MECHANISM
THAT’S DRIVING THAT HIGH
SCENARIO, IS STILL VERY, VERY
UNCERTAIN. AND I HAVE A
COLLEAGUE LOOKING AT THESE
ISSUES FROM A CONCERNED
SCIENTIST BOARD AND SHE SHARED
WITH ME THAT HE THINKS IT’S A
LITTLE TOO EARLY TO PUT THE IDEA
IN OUR POCKET THAT WE’RE NOT
GOING TO SEE ONE OF THESE REALLY
EXTREME SCENARIOS. SO, WITH
THAT PROVISO, I THINK THE
INFORMATION THAT WE GOT INFORMS
THE PURPOSE OF WHAT WE’RE DOING
TODAY PARTICULARLY TO
RESTORATION BECAUSE IT’S GOING
TO PAY OFF FOR THE FUTURE OF THE
REGION THAN WE THOUGHT.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. IT’S AN IMPORTANT
REMINDER THAT AS WE FOCUS OUR
EFFORTS ON THE IMMEDIATE FUTURE
IN ORDER TO PREPARE FOR A FUTURE
THAT IS MODERATELY FAR OFF, THE
THINGS WE DO WILL BENEFIT US IN
BETWEEN, AS WELL. OUR NEXT
MEETING WILL OCCUR IN TWO WEEKS,
ON JUNE 6TH, THE MEETING WILL BE
HELD IN THE METRO CENTER, AND
—
SORRY, I’M PAUSING BECAUSE I
NEED TO SWITCH BETWEEN
DOCUMENTS. WE EXPECT THAT WE
WILL HAVE PRESENTATIONS ON —
SORRY. THE AGENDA WILL INCLUDE
A PRESENTATION BY THE DEPARTMENT
OF FINANCE DESCRIBING THE
MISSION BASED REVIEW OF BCDC’S
PERMITTING PROCESS AND SYSTEMS
CONTRACT TO DEVELOPMENT REGIONAL
SHORELINE ADAPTATION PLAN
TECHNICAL ASSISTANCE PROGRAM AND
THIRD UPDATE ON PROGRESS ON THE
COMMISSION’S STRATEGIC PLAN.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. THAT BRINGS US TO EX
PARTE MATTERS. IF THERE IS ANY
COMMISSIONER WHO WISHES TO
REPORT ON A COMMUNICATION
CONCERNING A COMMISSION MATTER,
THAT THEY HAVE NOT ALREADY PUT
ON THE RECORD, NOW IS THE TIME
TO SHARE THAT. THIS IS ON
ADJUDICATORY MATTERS, NOT
MISCELLANEOUSLY MATTERS OF
POLICY, AND YOU DO NEED TO FILE
SOMETHING IN WRITING. BUT NOW
IS THE TIME TO SPEAK, AND I SEE
COMMISSIONER ECKLUND HAS HER
HAND UP.
>>PATRICIA SHOWALTER: NOT EX
PARTE I WANTED TO QUESTION YOU
SAID IT WAS AT THE METRO CENTER
WE CAN COME INTO THE OFFICE OR
INTO THE MEETING ROOMS THAT WAS
YOUR POINT.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU FOR HELPING ME
EMPHASIZE PARTICULARLY AS WE
TALK ABOUT THE STRATEGIC PLAN I
THINK HAVING AS MANY THERE AS
POSSIBLE MAKES IT A PRODUCTIVE
MEETING.
>>PATRICIA SHOWALTER: THANKS
FOR CLARIFYING THAT. WASN’T
QUITE SURE WHAT THAT MEANT.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. THAT BRINGS US TO
THE REPORT OF THE EXECUTIVE
DIRECTOR.
>>LARRY GOLDZBAND: THANK YOU
CHAIR WASSERMAN, JUST TO LET
PEOPLE KNOW THAT COMMISSIONER
GILMORE IS HAVING SOME TECHNICAL
ISSUES SO SHE’LL BE TRYING TO
GET BACK IN IF SHE’S NOT HERE
NOW. FIRST I WANT TO APOLOGIZE
TO THE COMMISSION, AND AGAIN TO
STEVE GOLDBECK FOR HAVING TO
VACATE THIS BUILDING TWO WEEKS
AGO 15 MINUTES PRIOR TO THE
COMMISSION MEETING, WHICH MEANS
THAT STEVE HAD TO SIT IN MY
CHAIR UNEXPECTEDLY AND I MISSED
HIS ANNOUNCEMENT OF HIS
RETIREMENT. I HAD ALREADY JUST
A FEW MINUTES EARLIER THAT MY
WIFE HAD TESTED FOR COVID SO I
FIGURED YOU ALL WOULD BE MUCH
HAPPIER IF I LEFT THE OFFICE AND
BEGAN TO ISOLATE. THAT I DID,
ALTHOUGH I HAD TO TAKE BART TO
GET HOME SO I WE’RE A MASK.
WHILE LOOKING OUT THE WINDOW AT
BART I SMILED AT HOW FAST I
COULD GET TO OUR HOME OVER 20
MILES AWAY. NOT ALWAYS THE CASE
OF COURSE LINOLEATE HAS IT ON
THIS DAY MAY 18th FIRST
REGULARLY SCHEDULED MISSISSIPPI
STEAMBOAT HEADED SOUTH LIKELY AT
FOUR MILES PER HOUR. A GREAT
COINCIDENCE 134 YEARS LATER ON
THIS DATE THE FIRST REGULARLY
SCHEDULED AIRPLANE SERVICE
BETWEEN NEW YORK AND LONDON
BEGAN JUST AS TRAVEL TIMES
CONTINUE TO GET SHORT YOU CAN
GET STUCK IN A 90 MINUTE TRAFFIC
JAM JUST TO GET TO THE BAY
BRIDGE AS WE DID ON SUNDAY AFTER
THE GIANTS GAME. WITH REGARD TO
BUDGET AND STAFFING BCDC HAS
SELECTED ALYSSA PLEASE TO JOIN
KATHARINE PAN SHORELINE
DEVELOPMENT PERMITTING TEAM AS A
COASTAL PROGRAM ANALYST ALYSSA
IS A GOLDEN BEAR HAVING EARNED
HER UNDERGRADUATE DEGREE FROM
CAL LANDSCAPE TECHNICAL
ENVIRONMENTAL PLANNING JOINS
ENVIRONMENTAL IMPACT REPORTS AND
GENERAL PLAN POLICY DEVELOPMENT
RELATED TO COASTAL PLANNING
CLIMATE CHANGE VULNERABILITY.
GREATER NEWS CHAIR WASSERMAN
GOVERNOR NEWSOME’S MAY REVISE
BUDGET PLAN INCLUDES FULL
FUNDING FOR BCDC AND THE COASTAL
COMMISSION TO HIRE STAFF TO
IMPLEMENT SB272 LEGISLATION
AUTHORED BY SENATOR JOHN LAIRD
REQUIRING LOCAL GOVERNMENTS TO
CREATE RISING SEA LEVEL
ADAPTATION PLANS THAT EITHER WE
OR THE COASTAL COMMISSION WILL
NEED TO APPROVE. YESTERDAY I
SPENT THE DAY IN SACRAMENTO
WATCHING ASSEMBLY AND SENATE
BUDGET HEARINGS, AND I THINK
THAT I’M HAPPY TO REPORT THAT
NONE OF THE QUESTIONS FROM THE
MEMBERS DEALT AT ALL WITH RISING
SEA LEVEL FUNDING, LEADING US,
PERHAPS TO HOPE THAT NOBODY WILL
QUESTION ITS IMPORTANCE.
LEADERSHIP OF THE RESOURCES
AGENCY RECOGNIZES THE IMPORTANCE
OF THE SMALL AMOUNT OF FUNDING
IN THE GOVERNOR’S PLAN AND I
KNOW THEY WILL BE WORKING ON OUR
BEHALF. MORE INFORMATION TO
COME WHEN WE RECEIVE IT.
NOW FOR SOME NOT SO GREAT BUDGET
NEWS, AS PART OF THE BUDGET PLAN
BCDC AND ALL OTHER STATE
ORGANIZATIONS WILL FAIRS FACE A
GENERAL FUND CUT OF SOMETHING
LIKE 8% NEXT YEAR WE HAVE
STARTED TO PLAN FOR IT AND WILL
KEEP YOU UPDATED ON
RAMIFICATIONS. GOOD NEWS, MANY
OF OUR STAFF ALONG WITH
COMMISSIONER AHN TO MY RIGHT
PARTICIPATED IN A WORKSHOP WITH
OUR ENVIRONMENTAL JUSTICE
ADVISERS LAST WEEK AS PART OF
THE ORGANIZATIONALITY
DEVELOPMENT CONSULTING CONTRACT
THAT AIMS TO INCREASE
COMMUNICATION AND ALIGNMENT
BETWEEN BCDC AND OUR ADVISERS.
EACH OF US WHO ATTENDED HAVE
REALTY POSITIVE THOUGHTS ABOUT
TIME SPENT TOGETHER AND WE HAVE
TALKED AT LENGTH HOW TO BEST
WORK AS COLLAB RURALITYS I AM
SURE WE’LL HAVE MORE TO REPORT
IN THE FUTURE. I’M RELATIONSHIP
TO REPORT THAT THE SEAPORT PLAN
YOU APPROVED LAST NOVEMBER HAS
BEEN APPROVED BY CALIFORNIA’S
OFFICE OF ADMINISTRATIVE LAW
THIS PAST TUESDAY THEREFORE THE
NEW SEAPORT PLAN IS NOW IN
EFFECT. GREAT NEWS GOVERN ALL
THE WORK THAT CORY AND THE TEAM
PUT INTO IT STARTING, REMEMBER,
WITH THE HOWARD TERMINAL ISSUE.
FULL OF GOOD NEWS TODAY
ESPECIALLY TO MY LEFT AS
COMMISSIONER BEACH WATCHES.
THIS WEEK THE U.S. ARMY CORP OF
ENGINEERS 2024 WORKPLAN WAS
RELEASED AND WE’RE EXCITED TO
NOTE THAT THE CORP HAS RECEIVED
FUNDING TO INCLUDE THE BEL MARIN
KEYS UNIT INTO THE HAMILTON
WETLANDS PROJECT WHICH WILL
BRING THE TOTAL HABITAT
RESTORATION TO 26,000 ACRES AS A
RESULT OF OUR 2016 COALITION
THAT SPURRED CHANGES TO THE
AUTHORIZING LEGISLATION THE CORP
WILL SPEND ANOTHER $7 MILLION TO
INCREASE BENEFICIAL REUSE OF
SEDIMENT IN THE BAY DURING THE
NEXT YEAR. TWO FINAL NOTES,
FIRST PERHAPS SOMETHING OF AN
ANTIDOTE TO THE GIANT’S
DISAPPOINTING FIRST QUARTER OF
BASEBALL, I URGE TO YOU STRONGLY
VISIT — I URGE TO YOU STRONGLY
VISIT THE NEW CHINA BASIN PARK
ACROSS McCOVEY COVE FROM THE
BALLPARK I WAS POSITIVELY
THRILLED TO ASK TO SPEAK AT THE
GRAND OPENING LATE LAST MONTH
AND IT’S TREMENDOUS. AT THE
BCDC PERMIT THERE IS AN AUDIO
TOUR OF THE SHORELINE FROM THE
FERRY BUILDING DOWN TO MISSION
ROCK NOW KNOWN AS CHINA BASIN
PARK THAT IS NOW LIVE IT’S A FEW
YEARS LATE, A DIFFERENT FORM OF
PUBLIC ACCESS THAN WHAT BCDC
NORMALLY REQUIRES FOR SURE AND
WE’RE WORKING WITH GIANTS TO
MAKE SURE IT’S PUBLICIZED WELL.
FINALLY ANOTHER NOTICE FOR THE
BCDC BOOK CLUB. COMMISSIONER
AHN’S NEW BOOK ENTITLED
ADVOCATE, A GRAPHIC MEME WHAT OF
FAMILY, COMMUNITY, AND THE FIGHT
FOR ENVIRONMENTAL JUSTICE IS NOW
AVAILABLE FOR PURCHASE. IT’S
ABSOLUTELY SUPERB AND IF YOU
FOLLOW COMMISSIONER AHN ON
SOCIAL MEDIA, YOU WILL KNOW WHY,
AND WE ALL RECOMMEND IT HIGHLY.
IN ADDITION THE COMMISSIONER HAS
ASSURED US THAT HE IS MORE THAN
HAPPY TO SIGN ALL AVAILABLE
COPIES AT A SMALL PRICE. WITH
THAT, CHAIR WASSERMAN, I’M HAPPY
TO ANSWER ANY QUESTIONS.
[LAUGHTER]
>>CHAIR, ZACHARY WASSERMAN: ANY
QUESTIONS FOR LARRY?
>>EDDIE AHN: A QUICK COMMENT
FROM COMMISSIONER AHN. THERE IS
NO PRICE. IT WILL BE DONE
ABSOLUTELY FREE OF CHARGE
[LAUGHTER]
THANK YOU, THOUGH. VERY MUCH
APPRECIATE YOUR PRAISE FOR THE
BOOK.
>>CHAIR, ZACHARY WASSERMAN:
WELL, THERE IS A PRICE, YOU NEED
TO BUY THE BOOK, AND YOU
SHOULD.
BUT NO PRICE FOR THE SIGNATURE.
I WAS ACTUALLY DISAPPOINTED THAT
WE ARE NOT ALL TOGETHER, BECAUSE
I HAVE MY BOOK AND HOPE TO GET
HIM TO SIGN T BUT I WILL
HOPEFULLY DO THAT AT OUR NEXT
MEETING.
ONE OF THE THINGS SAID REMINDS
ME OF ONE THING I WANT TO NOTE,
THERE WAS A REPORT IN THE SAN
JOSE MERCURY LAST WEEK ABOUT THE
HOWARD TERMINAL SETTLEMENT, THE
SETTLEMENT OF THE CLAIM BY
PACIFIC MARITIME ASSOCIATION AND
OTHERS AGAINST BCDC REGARDING
OUR ACTIONS, AND THERE WAS A
STATEMENT IN THAT ARTICLE THAT
WE HAD IN THAT SETTLEMENT, MADE
A DEAL AND CHANGED THE TERMS OF
WHAT WAS GOING ON TO PUT THE
HOWARD TERMINAL BACK INTO THE
SEAPORT PLAN. THAT IS NOT
ACCURATE. WE MADE NO CHANGE IN
THE DEAL. WE SIMPLY DISMISSED
— AGREED TO DISMISS THE
LAWSUIT. STATE LAW WHICH
AUTHORIZED THE USE BY THE AS OF
HOWARD TERMINAL, HAD AN
EXPIRATION DATE IN IT WHEREBY IF
THE PORT AND THE A DESERT NOT
REACH A BINDING AGREEMENT, BY A
DATE, WHICH I THINK WAS SOMETIME
THIS YEAR, SOMEBODY MAY CORRECT
ME ON THAT — IT — THE
EXCLUSION OF THE PROJECT, FROM
THE TIDE LANDS TRUST, OR THE
DETERMINATION THAT THAT USE WAS
CONSISTENT WITH THE TIDE LANDS
TRUST WOULD EXPIRE, WE DID NOT
MAKE ANY CHANGE IN IT WE WILL
CONVEY THIS TO THE MERCURY. I
KNOW THE PORT OF OAKLAND KNOWS
THAT, BUT WE WILL MAKE THAT
CLEAR, AS WELL.
THAT BRINGS US TO ITEM SEVEN,
CONSIDERATION OF ADMINISTRATIVE
MATTERS. WE HAVE RECEIVED THE
ADMINISTRATIVE — THE DRAFT OF
ADMINISTRATIVE MATTERS.
ARE THERE ANY PUBLIC COMMENTS
ON THE ADMINISTRATIVE LIST?
>>CLERK OF THE BOARD: NO HANDS
RAISED.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU VERY MUCH. I SEE
NOTHING FROM COMMISSIONERS. SO,
ONCE AGAIN, DIRECTOR ROSS GETS
OFF WITHOUT BEING GRILLED.
ONE OF THESE DAYS, YOU MAY FIND
YOU’RE GETTING GRILLED. THAT
BRINGS US TO ITEMS 8 AND 9,
WHICH WE ARE GOING TO COMBINE
AND HEAR AS ONE ITEM. THEY ARE
VERY SIMILAR. THEY INVOLVE TWO
DIFFERENT GEOGRAPHIC AREAS, BUT
THE ISSUES ARE ESSENTIALLY
SUBSTANTIALLY THE SAME. THESE
ARE HEARINGS AND POSSIBLE VOTES
ON PACIFIC GAS AND ELECTRIC
APPLICATION FOR NEW FIVE-YEAR
PROGRAMMATIC OPERATIONS
MAINTENANCE PERMIT EXISTING
ELECTRIC TRANSMISSION STRUCTURES
THROUGHOUT THE COMMISSION’S
JURISDICTION OUTSIDE SUISUN
MARSH AND INSIDE SUISUN MARSH
WHERE WE DO HAVE SOME
JURISDICTION. THE PRESENTATION
WILL BE — SO, WE’RE HAVING ONE
PUBLIC HEARING TO COVER BOTH OF
THESE ISSUES. ROWAN YELTON OF
OUR STAFF WILL MAKE THE STAFF’S
INTRODUCTION AND THEN INTRODUCE
SPEAKERS FROM PG&E.
>>ROWAN YELTON: THANK YOU CHAIR
WASSERMAN. IS THAT SHOWING UP?
>>CHAIR, ZACHARY WASSERMAN:
IT’S SHOWING UP WITH YOUR NOTES
WHICH YOU MAY OR MAY NOT WANT.
>>CHAIR, ZACHARY WASSERMAN: GOT
IT.
>>ROWAN YELTON: MY NAME IS
ROWAN YELTON, I AM A COASTAL
PROGRAM ANALYST ON THE BAY
RESOURCES TEAM.
>>LARRY GOLDZBAND: FOR YOU ALL
WHO ARE ONLINE THERE IS
CONSTRUCTION OUTSIDE METRO
CENTER THAT’S MAKING IT HARD FOR
US TO HEAR. I’M LOOKING AT YOU
ALL SO I WANT TO KNOW IF YOU CAN
HEAR, PLEASE RAISE YOUR HANDS.
IF YOU CAN’T HEAR — ALL RIGHT,
ROWAN, YOU’RE GOING TO NEED TO
YELL INTO THAT MICROPHONE. USE
YOUR OUTSIDE VOICE.
>>ROWAN YELTON: OKAY I’LL USE
MY OUTSIDE VOICE. I’M
PRESENTING TWO PERMIT
APPLICATIONS FOR OPERATIONS AND
MAINTENANCE PROGRAM PROPOSED BY
THE PACIFIC GAS AND ELECTRIC
COMPANY. APPLICATIONS ARE FOR
FIVE YEARS PROGRAMS OF
MAINTENANCE REPAIR REPLACEMENT
REMOVAL RETIREMENT AND
MODIFICATION OF PG&E FACILITIES
ACTIVITIES WOULD BE LIMITED TO
EXISTING FACILITIES AND
STRUCTURES AND WOULD NOT RESULT
IN PERMANENT NET BAY FILL THOUGH
SOME TEMPORARY FILL WOULD BE
INSTALLED FOR SITE ACCESS.
THERE WOULD NOT BE PERMANENT
ADVERSE IMPACTS TO PUBLIC
ACCESS.
BASED ON THE APPLICATION, WE
EXPECT THAT HUNDREDS OF PROJECTS
WILL BE CONDUCTED UNDER THIS
PERMIT EACH YEAR. MOST PROJECTS
INVOLVE REPAIRS TO ELECTRICAL
TOWERS AND POLES SUCH AS
REPAIRING CRACKS AND TOWER
FOUNDATIONS TRIMMING VEGETATION
NEAR TOWERS AND LINES AND
REPLACING DAMAGED HARDWARE
INSTIGATEULARITIES AND
STRUCTURAL COMPONENTS OF TOWERS
AND POLES. LESS FREQUENT
ACTIVITIES INCLUDE REPLACEMENT
OF ENTIRE STRUCTURES SUCH AS
TOWERS AND PIPELINES. THE
PROGRAM WOULD INCLUDE ACTIVITIES
IN ALL NINE COUNTY BAY AREAS,
BCDC’S BAY SHORELINE BAND, WATER
WAYS SALT PONDS AND MANAGED
WETLANDS JURISDICTIONS THE
PROGRAM SPLIT INTO TWO
APPLICATIONS ONE FOR ACTIVITIES
PRIMARY MANAGEMENT AREA OF THE
SUISUN MARSH AND FOR ALL OTHER
LOCATIONS THE TWO PERMITS WOULD
HAVE IDENTICAL AUTHORIZATIONS
AND SPECIAL CONDITIONS AND ONLY
DIFFER IN FINDINGS. BCDC
PREVIOUSLY ISSUED TWO PERMITS
FOR SIMILAR OPERATION AND
MAINTENANCE PROGRAMS IN 1987 AND
1989. THESE PERMITS WERE
REPEATEDLY AMENDED AND EXTENDED
AND WILL BOTH EXPIRE ON MAY
30TH, 2024. IN 2021, PG&E
APPLIED FOR FIVE-YEAR EXTENSIONS
TO BOTH PERMITS. WHEN
APPLICATIONS WERE RECEIVED BCDC
STAFF REVIEWED THE EXISTING
PERMITS AND DETERMINED THAT THEY
WERE OUTDATED FOR THE FOLLOWING
REASONS: AUTHORIZATIONS WERE NO
LONGER SUFFICIENT TO COVER ALL
OF PG&E’S ACTIVITIES AND SPECIAL
CONDITIONS NEEDED SIGNIFICANT
CHANGES TO BRING THEM UP-TO-DATE
WITH CURRENT BCDC LAWS AND
POLICIES, ENGINEERING CODES AND
STANDARDS, CURRENT STATE OF THE
BAY ENVIRONMENT, AND OUR
SCIENTIFIC UNDERSTANDING OF THE
BAY ENVIRONMENT.
SO, THE PREVIOUS PERMITS WERE
PERMITTED ADMINISTRATIVELY, BUT
AT THIS TIME WE ARE LOOKING TO
ISSUE MAJOR PERMITS
FOR THEM BECAUSE ALTHOUGH EACH
INDIVIDUAL ACTIVITY QUALIFIES AS
MINOR REPAIRS OR IMPROVEMENTS
THE PERMITS WOULD COVER A LARGE
NUMBER OF PROJECTS OVER THE
ENTIRE BAY AREA OVER FIVE YEARS
THEY CANNOT BE REASONABLY
CONSTRUED AS A SINGLE ACTIVITY
AND SHOULD NOT BE PERMITTED
ADMINISTRATIVELY. WHEN WRITING
THE STAFF RECOMMENDATION OUR
CONCERN WAS ENSURING THAT THE
PROJECTS WOULD NOT HAVE
SIGNIFICANT PERMIT IMPACTS OR
ENVIRONMENT OR PUBLIC ACCESS
IMPACTS ADDRESSING CONCERNS TO
SPECIAL CONDITIONS INCLUDED
REQUIRE PERMITTEE TO RESTORE
CONSTRUCTION SITES TO ORIGINAL
CONDITION OR BETTER WHERE
APPROPRIATE ENVIRONMENTAL WORK
AVOID MINIMIZE PUBLIC ACCESS
IMPACTS BEST MANAGEMENT OF
PRACTICES IN MARSHES IN THE BAY
AND SENSITIVE HABITATS COMPLY
WITH CONDITIONS OF APPROVALS BY
THE RESOURCE AGENCIES SPECIAL
CONDITION LIMIT TO ALLOW
ACTIVITIES THAT DO NOT RESULT IN
INCREASE TO BAY FILL DURATION OF
TEMPORARY FILL LESS THAN 180
DAYS PER PROJECT LIMIT
RELOCATION AND REDECISION OF
STRUCTURES AND DISALLOW
PERMANENT ADVERSE IMPACTS TO
PUBLIC ACCESS. PROPOSAL REVIEW
PROCESS ALL ACTIVITIES REQUIRE
BCDC STAFF APPROVAL BEFORE THEY
CAN BE CONDUCTED EXCEPT FOR
LIMITED CATEGORY ACTIVITIES THAT
WOULD NOT BE EXPECTED TO RESULT
IN ADVERSE IMPACTS TO THE
ENVIRONMENT OR PUBLIC ACCESS AND
DO NOT INVOLVE ANY WATERWORKS.
SOME EXAMPLES OF ACTIVITIES
INCLUDE REPLACING MINOR
STRUCTURAL COMPONENTS AND
EQUIPMENT, PAINTING AND
VEGETATION TRIMMING. FOR ALL
ACTIVITY WHICH IS COULD RESULT
IN ADVERSE IMPACTS TO THE BAY OR
ENVIRONMENT OR PUBLIC ACCESS OR
WOULD INVOLVE WATERWORKS THE
PERMIT WOULD BE REQUIRED TO
SUBMIT ACTIVITY PROPOSAL BASED
ON FORM INCLUDED AS EXHIBIT TO
THE PERMIT BCDC STAFF WOULD THEN
REVIEW ACTIVITY FOR CONSISTENCY
WITH THE PERMIT YOU
AUTHORIZATION AND CONDITIONS IF
STAFF FIND THE PROJECT IS NOT
CONSISTENT WITH PERMITS AND PG&E
WILL HAVE TO SUBMIT AN
INDIVIDUAL PERMIT APPLICATION
SPECIAL CONDITIONS ALSO INCLUDED
TO REQUIRE APPLICANT TO SUBMIT
ANNUAL REPORTS ON THE ACTIVITIES
CONDUCTED OVER THE PAST YEAR
CUMULATIVELY SINCE PERMIT WAS
ISSUED AND IF THE ACTIVITY IS
PROJECTED FOR UPCOMING YEAR
FIVE-YEAR PROJECTED WORKPLAN FOR
REPAIR AND REPLACEMENT OF
ELECTRICAL TOWERS IN BCDC
JURISDICTION. AS YOU LEARN MORE
ABOUT THIS PROGRAM FROM THE PG&E
STAFF PRESENTATION,
TO KEEP IN MIND TIDAL
FLATS, FISH, AQUATIC ORGANISMS,
WILDLIFE MITIGATION PUBLIC
ACCESS AND SHORELINE BAND
AND MARSH PLANS LAND USE AND
MARSH MANAGEMENT POLICY THE
COMMISSION SHOULD CONSIDER
WHETHER THE PROPOSED PROJECT IS
CONSISTENT WITH THE
MCATEER-PETRIS ACT APPLICABLE TO
SAN FRANCISCO BAY PLAN POLICIES
SPECIFICALLY WHETHER THE FILL
RESULTS IN RESULTING PROJECTS
UPON CONSISTENT WITH REGULATIONS
SECTION 66605 AND THAT FILL IS
MINIMUM NECESSARY AND DESIGNED
TO MINIMIZE HARM RECALL EFFECTS
OF THE FILL. AND WHETHER
SPECIAL CONDITIONS OF PERMIT ARE
APPROPRIATE TO AVOID MINIMIZE
ADVERSE IMPACTS TO THE PUBLIC
ACCESS AND BAY ENVIRONMENT.
THAT CONCLUDES THE STAFF
PRESENTATION AND I’LL NOW
INTRODUCE KYLE STAPLE MAN, TIM
ANDREWS, JOHN WILCOX FROM PG&E F
THEIR PRESENTATION OF THE
PROGRAM.
>>SPEAKER: THANKS ROWAN.
>>SPEAKER: GO AHEAD JOHN.
>>JON WILCOX: ARE YOU ABLE TO
RUN THE PRESENTATION? WE DIDN’T
WORK OUT THE LOGISTICS WITH
BCDC.
>>SPEAKER: I’M PULLING UP THE
PRESENTATION NOW, IF YOU CAN
CONFIRM YOU SEE IT?
>>JOHN WILCOX: I SEE T I’LL
KICK US OFF. THANK YOU, FIRST
OF ALL, CHAIR WASSERMAN AND THE
COMMISSIONERS, TO LOOK AT OUR
PERMIT APPLICATION. AS ROWAN
SAID, AND THIS IS SOMETHING WE
HAVE BEEN WORKING ON FROM THE
’80s OFF A PREVIOUS PERMIT THIS,
IS SOLELY FOR OUR OWN ACTIVITIES
IN AND AROUND THE BAY SO WE LOOK
FORWARD TO GETTING THIS NEW
PERMIT PUT IN PLACE, GETTING
PROCESSES IN PLACE AND WORKING
TO, YOU KNOW, A GOOD FUTURE WITH
US, WITH BCDC AS WE HAVE THIS
PERMIT ACTIVE IN THE FUTURE.
WITH THAT, I’LL INTRODUCE TIM
ANDREWS WHO IS THE MANAGER OF
OUR WATER PROGRAM. TIM, ARE YOU
ABLE TO PRESENT? SORRY. WE
HAVE A LITTLE BIT OF ISSUE ON
OUR SIDE. PG&E DOESN’T
NECESSARY HE ALLOW US TO USE
ZOOM SO WE’RE TRYING TO DO IT
VIA PHONES FOR SOME FOLKS.
>>SPEAKER: TIM SAID SAID HE MAY
NOT — HE’S RUNNING INTO
TECHNICAL DIFFICULTIES. I CAN
TAKE IT OVER FOR HIM. GOOD
AFTERNOON COMMISSION STAFF AND
COMMISSIONERS. MY NAME IS TYLER
STAPLE MAN.
>>JON WILCOX: TYLER YOU’RE A
LITTLE QUIET. CUYLER YOU’RE A
LITTLE QUIET. CUYLER
.
>> CUYLER: CAN YOU HEAR ME? MY
NAME IS CUYLER STAPLE MAN,
PLANNER AT PG&E I HAVE BEEN
WORKING WITH BCDC STAFF AND PG&E
STAKE R STAKEHOLDERS ON THE
DEVELOPMENT OF THIS PERMIT FOR
THE PAST COUPLE OF YEAR OR SO
TODAY IS THE BIDAY AND LOOKING
FORWARD TO THE DISCUSSION AFTER
THE PRESENTATION. I WANT TO DO
A QUICK OVERVIEW OF OUR AGENDA
TOPICS HERE IN THIS
PRESENTATION. I’M GOING TO GO
OVER PROGRAM NEED AND PURPOSE
BACKGROUND OF OUR WORK,
ACTIVITIES WE’RE SEEKING TO GET
AUTHORIZED BY THESE PERMITS,
EXAMPLES OF WHAT THOSE
ACTIVITIES ARE, AND THE ACTIVITY
CLASSES THAT HAVE BEEN
INCORPORATED INTO THIS PERMIT,
AND OVERVIEW OF THE POTENTIAL
IMPACTS AND THE SPECIAL
CONDITIONS THAT WE WILL BE
IMPLEMENTING DURING OUR
OPERATIONS AND MAINTENANCE
PROGRAM. I REALIZE SOME OF THIS
IS — MAY BE REPETITIVE FROM THE
INFORMATION THAT WAS JUST
PRESENTED, SO, I’LL TRY TO
STREAMLINE WHERE POSSIBLE.
PG&E’S MISSION IS TO DELIVER
CLEAN SAFE RELIABLE AFFORDABLE
ENERGY TO OUR CUSTOMERS, THIS
MEANS WE MUST ROUTINELY INSPECT
MAINTAIN AND OPERATE OUR
FACILITIES TO ACHIEVE THAT
GOAL.
WE FEEL THAT THE PURPOSE OF THIS
O&M PLAN IS TO MAINTAIN THE
ENERGY TRANSMISSION AND
DISTRIBUTION FACILITIES TO
DELIVER THAT ENERGY TO OUR
CUSTOMERS. AND IN DOING SO, AND
MAINTAINING SAFE AND RELIABLE
FACILITIES, WE’LL BE DOING OUR
PART IN BEING GOOD STEWARDS TO
THE BAY ENVIRONMENT AND THE
RESOURCES UNDER BCDC’S
JURISDICTION.
PG&E HAS BEEN CONDUCTING ROUTINE
OPERATIONS AND MAINTENANCE WORK
WITHIN BCDC’S JURISDICTION UNDER
PERMITS THAT WERE INITIALLY
EFFECTIVE IN 1987. THEY HAVE
BEEN EXTENDED NUMEROUS TIMES IN
THE CURRENT EXTENSIONS EXPIRE
MAY 31ST OF THIS YEAR. UNDER
THESE NEW PERMITS WE PROPOSE TO
CONTINUE THAT OPERATIONS AND
MAINTENANCE PLAN WITH NEW
SPECIAL CONDITIONS AND
NOTIFICATION AND REPORTING
PROCEDURES WITH BCDC.
SO, AGAIN THIS, PERMIT WOULD
AUTHORIZE PG&E TO PERFORM THIS
ROUTINE WORK FOR A PERIOD OF
FIVE YEARS WITH AN OPTION TO
RENEW AT THE END OF THE TERM.
AND THIS O&M WORK WILL BE
CONDUCT THE UNDER TWO SEPARATE
PERMITS, ONE FOR SUISUN MARSH
PRIMARY MANAGEMENT AREA, AND THE
OTHER PERMIT FOR ALL OTHER
PORTIONS OF BCDC’S JURISDICTION,
ALONG THE SAN FRANCISCO BAY.
AGAIN, THE ACTIVITIES WE’LL BE
PERFORMING WILL BE SIMILAR TO
ACTIVITIES WE HAVE BEEN
PERFORMING UNDER EXISTING
PERMITS WITH NEW SPECIAL
CONDITIONS.
SO, THE FOLLOWING MAPS SHOW THE
LOCATIONS OF PG&E WORK THAT WE
CONDUCTED UNDER THE EXISTING
PERMITS IN 2022 AND 2023, AS
WELL AS WORK WE’RE PLANNING FOR
2024 AND 2025. I WANT TO
BRIEFLY POINT OUT SOME ITEMS ON
THIS LEGEND IN THE FOLLOWING
MAPS BCDC’S JURISDICTION IS
SHADED IN A PURPLE COLOR, AND
THE PROJECTS FROM 2022 TO 2025
ARE SHOWN AS POINTS. ONE THING
TO KEEP IN MIND IS THAT THE
DISTINCTION BETWEEN TRANSMISSION
AND DISTRIBUTION FACILITIES.
SO, WHEN PG&E TALKS ABOUT OUR
FACILITIES THERE, IS TWO MAJOR
CATEGORIES THAT THINK WE OF,
TRANSMISSION AND DISTRIBUTION.
AND TO UNDERSTAND THE DIFFERENCE
IT’S REALLY IMPORTANT TO KEEP IN
MIND THAT ENERGY ISN’T ALWAYS
CONSUMED WHERE IT’S PRODUCED.
SO, WHEN WE THINK ABOUT
TRANSMISSION FACILITIES, THESE
FACILITIES TRANSMIT ENERGY
RESOURCES OVER LONG DISTANCES,
BETWEEN THE LOCATIONS ITS
PRODUCED AND WHERE IT’S
CONSUMED. ELECTRIC TRANSMISSION
SYSTEM MAY BE HIGHER VOLTAGE
WITH LARGER POLES, AND A GAS
TRANSMISSION SYSTEM HAS A LARGER
DIAMETER PIPELINE. FOR
DISTRIBUTION SYSTEMS, THESE
SYSTEMS DELIVER ENERGY DIRECTLY
TO THE END USER, OUR
CUSTOMERS.
DISTRIBUTION POLE, ELECTRIC
DISTRIBUTION POLE ARE THOSE
YOU’RE LIKELY TO SEE IN YOUR
COMMUNITY OR NEIGHBORHOOD, AND A
GAS DISTRIBUTION PIPELINE IS
GENERALLY SMALLER.
TO GIVE PG&E STAFF AND
COMMISSIONERS A SENSE OF THE
AMOUNT OF INFRASTRUCTURE WE HAVE
IN THE JURISDICTION, I
RAN SOME NUMBERS WITH OUR GIS
DEPARTMENT AND WANT TO SHARE
THOSE WITH YOU TODAY. WE HAVE
OVER 520 MILES OF ENERGIZED
ELECTRICAL CONDUCTOR WITHIN YOUR
JURISDICTION AND THOSE
CONDUCTORS ARE SUPPORTED BY 829
TOWERS, AND OVER 4,900 POLES AND
SIMILAR SUPPORT STRUCTURES.
THOSE 829 TOWERS MAY BE ACCESSED
BY OVER 180 MILES OF BOARDWALK
IN THE BAY AND WE ALSO HAVE OVER
65 MILES OF NATURAL BAS
PIPELINE. ALL OF THESE ASSETS
MUST BE INSPECTED, MAINTAINS AND
OPERATED TO ENSURE FAY OUR
FACILITIES PROVIDE SAFE RELIABLE
ENERGY TO OUR CUSTOMERS.
THE ACTIVITIES AUTHORIZED BY
THESE PERMITS ARE THOSE THAT WE
ROUTINELY PERFORM TO MEET OUR
GOALS. UNDER THIS PERMIT, THESE
ACTIVITIES WILL BE LIMITED TO
THE MAINTENANCE OF EXISTING
FACILITIES RATHER THAN THE
CONSTRUCTION OF NEW FACILITIES.
THE PERMIT WILL CATEGORIZE OUR
OPERATION AND MAINTENANCE
ACTIVITIES INTO FOUR CLASSES,
WHICH WE’LL DISCUSS IN A FEW
MORE SLIDES. BUT I WANTED TO
NOTE THAT THE PERMIT WAS WRITTEN
WITH BROAD LANGUAGE INTENDED TO
COVER MOST OF OUR ROUTINE
OPERATIONS AND MAINTENANCE
WORK.
HOWEVER ANY ACTIVITY THAT
DOESN’T FALL WITHIN THESE
ACTIVITY CLASSES OR WITHIN THE
AUTHORIZED ACTIVITY DEFINITIONS,
PG&E WILL SEEK SEPARATE
AUTHORIZATION FROM BCDC. EXCUSE
ME, SO, THE MAJORITY OF
ACTIVITIES WE EXPECT TO PERFORM
UNDER THIS PERMIT ARE WHAT WE
REFER TO AS OVERHEAD ACTIVITIES
WHICH CONSIST OF REPLACING
OR REPAIRING OR REPLACING OF
EQUIPMENT AT TOP OF UTILITY
POLES AND TOWERS ACTIVITIES
DON’T REQUIRE ANY GROUND
DISTURBANCE OR EXCAVATION ON THE
GROUND, ACTIVITIES OVERHEAD MAY
INCLUDE REPLACING
INSTIGATEULARITIES AND HANGING
PLATES THAT SUSPEND ELECTRIFIED
CONDUCTORS FROM TOWERS AND POLES
AS WELL AS REPAIRING HIGH WIRES,
VOLTAGE SIGNS AND REPLACING
BOLTS THESE ARE DEMON MOUSE
CLASS ACTIVITIES MENTIONED ON
THE SLIDE EXPECTING TO PERFORM
500 OVERHEAD ACTIVITIES DURING
THE FIVE-YEAR PERMIT TERM. IN
ADDITION TO OVERHEAD ACTIVITIES
WE’RE EXPECTING TO REPLACE 25
MILES OF BOARDWALK REPLACE 50
POLES, TOWERS, AND TOWER
FOUNDATIONS AND REPLACE SECTIONS
OF FIVE GAS PIPELINES OVER THE
NEXT FIVE YEARS.
SO PERMITS INCLUDE FOUR ACTIVITY
CLASSES WITHIN WHICH PG&E WILL
HAVE SPECIFIC REVIEW,
NOTIFICATION, AND REPORTING
REQUIREMENTS TO FOLLOW. IN
GENERAL, ACTIVITIES WITH LESS
ENVIRONMENTAL RISK WILL BE
REVIEWED AND AUTHORIZED MORE
QUICKLY THAN ACTIVITIES THAT
HAVE POTENTIAL TO IMPACT PUBLIC
ACCESS OF BAY RESOURCES. CLASS
ONE ACTIVITIES DO NOT INVOLVE
ANY IMPACTS TO PUBLIC ACCESS OR
THE BAY, AND DO NOT INVOLVE ANY
IN WATERWORKS. THESE ARE THOSE
OVERHEAD ACTIVITIES I PREVIOUSLY
REFERRED TO.
PG&E WILL BE PROCEEDING WITH
THIS WORK AT OUR DISCRETIONARY
DURING — UNDER — DURING THIS
PERMIT, HOWEVER WE’LL BE
REPORTING TO BCDC ANNUALLY, A
SUMMARY OF CLASS ONE ACTIVITIES
PERFORMED.
THE SECOND ACTIVITY CLASS IS
CLASS TWO AND WITHIN CLASS TWO,
THERE ARE TWO SUBTYPES. CLASS
TWO. A AND 2B. CLASS TWO
ACTIVITIES WILL OCCUR IN THE
SHORELINE BAND, THEY MAY INVOLVE
SMALL AMOUNTS OF FILL AND
EXTRACTION. THEY DO NOT INVOLVE
ANY WATERWORKS. NOW, THE
DIFFERENCE BETWEEN 2A AND 2B IS
CLASS 2A IS LIMITED TO WORK THAT
DOES NOT IMPACT PUBLIC ACCESS,
WHEREAS CLASS 2B MAY INCLUDE
TEMPORARY PUBLIC ACCESS
IMPACTS.
CLASS THREE ACTIVITIES ARE THE
ROUTINE OPERATIONS AND
MAINTENANCE ACTIONS THAT HAVE
POTENTIAL TO RESULT IN IMPACTS
TO BAY RESOURCES INCLUDING FISH
AND WILDLIFE AND TIDAL MARSHES
HOWEVER THE SPECIAL CONDITIONS
REQUIRED BY THIS PERMIT AND PG&E
PROGRAMMATIC MAINTENANCE PERMITS
WITH RESOURCES AGENCIES
SIGNIFICANT ADVERSE IMPACTS TO
RESOURCES WILL NOT OCCUR FROM
IMPLEMENTATION OF CLASS THREE
ACTIVITIES. CLASS THREE
ACTIVITY MAY INCLUDE REPLACING
OF CONCRETE FOOTING OF AN
EXISTING STEEL TRANSMISSION
TOWER IN THE TIDAL MARSH THAT
MAY INVOLVE EXCAVATION OR GROUND
DISTURBANCE WITHIN THE TIDAL
MARSH.
THIS SLIDE IS BRIEFLY
SUMMARIZING THE IMPACTS THAT MAY
RESULT FROM PG&E’S OPERATIONS
AND MAINTENANCE ACTIVITIES UNDER
THIS PERMIT. AS ROWAN
PREVIOUSLY MENTIONED, WE DO NOT
EXPECT ANY SIGNIFICANT NET
INCREASE IN BAY FILL. WHILE
PG&E EXPECTS TO REPLACE OVER 100
CUBIC YARDS PLACE OVER
140 CUBIC QUARTERS OF FILL
WITHIN BCDC’S JURISDICTION THIS
FILL WILL BE OFFSET BY REMOVAL
OF EXISTING FILL OF ROUGHLY
EQUAL AMOUNTS, FOR EXAMPLE, IF
WE REPLACE A POLE WE’LL INSTALL
AND REPLACE POLE NEW POLE AND
BASE STAYS AT ROUGHLY ZERO.
PERMIT ALSO LIMITS PUBLIC ACCESS
SCENIC VIEW IMPACTS FROM PG&E
FACILITIES PROJECTS WITH
PERMANENT ADVERSE IMPACTS TO BAY
RESOURCES PUBLIC ACCESS WILL
NOT BE AUTHORIZED BY THIS
PERMIT.
TO BRIEFLY MENTION PREVIOUSLY,
THESE PERMITS WILL REQUIRE PG&E
TO EMPLOY A STANDARD OF BEST
MANAGEMENT PRACTICES WHILE
PERFORMING ALL AUTHORIZED
ACTIVITIES. ADDITIONALLY THE
PERMIT HAS A NUMBER OF
CONDITIONS THAT PG&E MUST FOLLOW
TO AVOID OR MINIMIZE IMPACTS TO
RESOURCES REGULATED BY BCDC.
SUCH AS FISH, WILDLIFE, AND
TIDAL MARSH.
FURTHERMORE, PG&E’S BIOLOGISTS
WILL BE REVIEWING MAINTENANCE
WORK WITH POTENTIAL TO IMPACT
BIOLOGICAL RESOURCES TO IDENTIFY
SPECIFIC RESOURCES PROTECTION
MEASURES NEEDED TO AVOID IMPACTS
TO RESOURCES DURING WORK
EXECUTION THESE PROJECTS
SPECIFIC MEASURES WILL BE
DOCUMENTED IN A BIOLOGICAL
REPORT SENT TO BCDC’S WITH THE
WORK NOTIFICATION PACKAGE.
THE LAST ITEM I WANTED TO POINT
OUT IS THE SPECIAL CONDITIONS
REQUIRED BY THIS PERMIT ARE
CONSISTENT WITH THE RESOURCE
AGENCY PERMITS PG&E HAS FOR
OPERATIONS AND MAINTENANCE
PLANNING INCLUDING THE BAY AREA
HABITAT CONSERVATION PLAN
AUTHORIZED BY THE OFFICIAL
WILDLIFE SERVICE, THE BAY AREA
INCIDENTAL PERMIT BY DEPARTMENT
OF FISH AND WILDLIFE AS WELL AS
OUR OPERATIONS AND MAINTENANCE
PERMIT PERFORM FROM REGIONAL
WATER QUALITY BOARD AND U.S.
ARMY CORP. WITH THAT SAID
THAT’S THE END OF THE
PRESENTATION. I’LL TURN IT BACK
TO BCDC F QUESTIONS AND
DISCUSSION. THANK YOU.
>>CHAIR, ZACHARY WASSERMAN: DO
WE HAVE ANY QUESTIONS FROM THE
PUBLIC OR COMMENTS FROM THE
PUBLIC.
>>CLERK OF THE BOARD: NO HANDS
RAISED IN-PERSON OR ON ZOOM.
>>CHAIR, ZACHARY WASSERMAN: I
WILL OPEN THE PUBLIC HEARING AND
JUST TO BE VERY CLEAR, BECAUSE I
SHOULD HAVE DONE IS THAT BEFORE,
WHAT I JUST DID, WE STILL HAVE
NOBODY FROM THE PUBLIC WISHING
TO COMMENT, IS THAT CORRECT
SIERRA?
>>CLERK OF THE BOARD: THAT’S
CORRECT.
>>CHAIR, ZACHARY WASSERMAN: WE
DO HAVE TWO COMMISSIONER HANDS
RAISED, COMMISSIONER ECKLUND.
>>PATRICIA SHOWALTER: THANK YOU
VERY MUCH, CHAIR.
MY QUESTION IS THAT YOU
INDICATED THAT THERE WOULDN’T BE
ANY ADVERSE IMPACTS ON PUBLIC
VIEWS OR WHATEVER. BUT IS THERE
ANY OPPORTUNITIES WHERE WE CAN
IMPROVE THE PUBLIC ACCESS AND
VIEWS BY MAKING SOME CHANGES?
THAT’S MY FIRST QUESTION. MY
SECOND QUESTION IS —
>>SPEAKER: [INDISCERNIBLE]
THAT’S WHY I GOT FEEDBACK.
>>PATRICIA SHOWALTER: PARDON
ME? OVERDOES AND THE
— THE SECOND QUESTION I HAVE
IS YOU SHOWED THE BIG TOWERS ARE
THERE ANY TOWERS THAT ARE GOING
TO BE REPLACED? IF YOU COULD
CLARIFY THAT?
>>JON WILCOX: YES WE ARE GOING
TO REPLACE TOWERS AND WILL
PROVIDE A PLAN OVER THE NEXT
FIVE YEARS TO BCDC OF THOSE
TOWERS THAT WILL BE REPLACED
WE’RE GOING THROUGH THAT, THAT’S
THE BIG DRIVER FOR RENEWING THIS
PERMIT. BECAUSE THOSE TOWERS
ARE SITTING IN SALT WATER, THEY
GET BEAT UP PRETTY BAD, AND THEY
NEED TO BE REPLACED EVERY NOW
AND THEN. WITH REGARDS TO THE
OTHER ONE ABOUT IMPROVEMENT, SO,
WE ARE DOING THINGS OF APPROVING
OR LINING SOME BOARDWALKS TO
BETTER LOCATIONS THAT MAKE LESS
IMPACTS THAT’S OUT THERE, THIS
IS REALLY AT THE HEART OF
O&M TO HANDLE THE EQUIPMENT AND
FACILITIES THAT ARE CURRENTLY IN
PLACE THAT WOULD TRIGGER OTHER
THINGS LIKE RIGHT OF WAY,
ACCESS, AND OTHER PERMITS THAT
WOULD BE NEEDED ABOVE AND BEYOND
OF JUST FIXING THE ASSETS THAT
ARE CURRENTLY IN THAT LOCATION.
>>PATRICIA SHOWALTER: OKAY.
AND THEN, I GUESS THAT
CLARIFICATION ON THOSE METAL
TOWERS, YOU SAID THAT THEY WOULD
BE REPLACED, BUT ARE — YOU SAID
THAT THAT WAS GOING TO BE A
SEPARATE PERMIT APPLICATION TO
BCDC? WAS THAT CORRECT?
>>JON WILCOX: NOT A SEPARATE
PERMIT IT WOULD BE PROVIDED IN
THE REPORT WE’RE PROVIDING TO
BCDC THAT’S WHAT’S CREATED UNDER
THIS NEW PERMIT.
>>PATRICIA SHOWALTER: SO ARE
YOU GOING TO BE COORDINATING
WITH CITIES AND COUNTIES ON
GETTING A PERMIT? BECAUSE I
JUST HAD AN SPECIALTY RECENTLY
THAT PG&E WAS GOING TO BE
WORKING ON A PARTICULAR
TELECONFERENCE POLE.
>>PAT ECKLUND: APPARENTLY THEY
FORGOT TO GET A PERMIT. DO YOU
HAVE A DOUBLE CHECK TO MAKE SURE
THAT PERMITS ARE APPLIED FOR AND
RECEIVED BEFORE WORK IS ACTUALLY
IN THE SHADED, OR LETTERS GO OUT
TO FOLKS?
>>JON WILCOX: YES THAT’S ALL OF
OUR PERMIT PLANNING PROCESS IT’S
NOT JUST CITIES AND COUNTIES WE
HAVE STATE AGENCIES AND THERE IS
OVERLAY. WE HAVE A PROCESS,
PRESIDENT MATTICS, WITH THE FEDS
AND STATE THAT REQUIRE
REPORTING, BEST MANAGEMENT
PRACTICES, OR AVOIDANCE MEASURES
THAT WE PUT IN PLACE, AS WELL.
SO, THAT’S IN THERE AND THERE IS
A CHECK PROCESS THAT GOES
THROUGH OUR ENVIRONMENTAL
PLANNING GROUP TO TAKE CARE OF
THINGS AS FAR AS CITIES AND
COUNTIES THAT’S A DIFFERENT
GROUP CALLED EPWC BUT THEY
HANDLE THE — IN THIS CASE, IF
YOU HAVE TO GET A PERMIT TO SHUT
DOWN A ROADWAY FROM THE CITY AND
COUNTY ENCROACHMENT TYPE PERMITS
THEY WORK ON THAT AS WELL.
>>PAT ECKLUND: I UNDERSTAND I
WORKED FOR THE ARM I CORP OF
ENGINEERS AND U.S. ENVIRONMENTAL
PROTECTION AGENCY FOR 43 YEARS
SO I UNDERSTANDS ALL OF THAT.
THANK YOU VERY MUCH FOR
ANSWERING MY QUESTION.
>>SPEAKER: THANK YOU.
>>SPEAKER: TO ANSWER THE
QUESTIONS ABOUT THE ELECTRICAL
TOWERS, THE PERMIT IS —
RESTRICTS THE ACTIVITIES TO
PROJECTS THAT WOULDN’T REQUIRE
ANY ADDITIONAL COMPENSATORY
MITIGATION. SO, WHEN PG&E WOULD
PROPOSE SOMETHING LARGE AND
IMPACTFUL LIKE A TOWER
REPLACEMENT, OUR STAFF WOULD USE
THE ACTIVITY REVIEW PROCESS,
WHICH IS SPECIAL CONDITION OF
THE PERMIT TO ASSESS WHETHER
THAT ACTIVITY IS CONSISTENT WITH
THE PERMIT AUTHORIZATION
AND SPECIAL CONDITIONS AND
WHETHER THE SPECIAL CONDITIONS
ARE SUFFICIENT TO PREVENT
PERMANENT ADVERSE IMPACTS THAT
WOULD REQUIRE COMP PENS TORE
MITIGATION. SO THERE MIGHT BE
SOME CASE WHERE IS A SPECIFIC
TOWER REPLACEMENT PROJECT WOULD
REQUIRE AN INDIVIDUAL PERMIT.
HOWEVER, THERE ARE SOME CASES
WHERE PG&E, I BELIEVE, IS
PLANNING ON REPLACING TOWERS IN
DIFFERENT LOCATIONS, AND THIS
WOULD BE ALLOWED UNDER THIS
PERMIT WHEN THE RELOCATION OF
THE TOWER WOULD MOVE THE TOWER
OUT OF BCDC JURISDICTION,
ENTIRELY, WILL MOVE THE TOWER
FROM THE BAY JURISDICTION INTO
THE SHORELINE BAND, OR THE
MOVEMENT WOULD RESULT IN
SIGNIFICANTLY LESS BAY FILL OR
SIGNIFICANTLY IMPROVED PUBLIC
ACCESS OR VIEWS. AND THE
RELOCATION WOULD NOT HAVE
SIGNIFICANTLY GREATER ADVERSE
ENVIRONMENTAL IMPACTS COMPARED
TO REPLACING THE TOWER IN THE
SAME PLACE.
>>PAT ECKLUND: THANK YOU VERY
MUCH FOR CLARIFYING THAT. THAT
WAS ONE OF MY CONCERNS THAT I
HAD. SO, THANK YOU VERY MUCH.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER NELSON? YOU’RE
MUTED, BARRY.
>>BARRY NELSON: I’M GETTING AN
ECHO, I’M NOT SURE WHY.
CAN YOU HEAR ME NOW?
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>ANDREW GUNTHER: TWO
QUESTIONS. THE FIRST IS, IT
SOUNDS AS THOUGH THERE ARE A
COUPLE OF WAYS IN WHICH THIS
PERMIT COULD PRODUCE PUBLIC OR
ENVIRONMENTAL BENEFITS
RELOCATING THE TOWERS AS ROWAN
JUST MENTIONED, POTENTIALLY,
OUTSIDE OF OUR BAY JURISDICTION,
AND EVEN TO OUR SHORELINE BANNER
UPLAND JURISDICTIONS, AND
REDUCTION IN BAY FILL FROM
CONSOLIDATED OR REMOVING BOARD
WALKS, GIVEN THERE ARE 25 MILES
OF BOARD WALKS TO REPLACE,
THAT’S A PRETTY SIGNIFICANT
NUMBER. SO I’M ASKING IF THE
REPORTING PROCESS IN THIS PERMIT
WILL HELP US UNDERSTAND THOSE
BENEFITS OVER TIME, IF THERE ARE
INDEED THOSE KINDS OF
SIGNIFICANT BENEFITS GIVEN THE
SCALE OF OPERATIONS OVER THE
LENGTH OF THIS PERMIT, IS THE
REPORTING GOING TO ALLOW US TO
DETECT THOSE BENEFITS?
>>SPEAKER: YEAH. FOR ALL OF
THE LARGER PROJECTS THAT ARE
REQUIRED, THE REVIEWS IN THE
CLASS TWO OR CLASS THREE, SUCH
AS THE REPLACEMENT OF
STRUCTURES, REMOVAL, REPLACEMENT
OF BOARD WALKS, THAT KIND OF
THING, THE ANNUAL REPORTS WOULD
BE REQUIRED TO REPORT ON THOSE
PROJECTS BOTH THAT ARETIVELY,
AND WITH THE RAW DATA OF THINGS
LIKE, HOW — WHAT THE NET FILL
DIFFERENCE WAS. SO THAT OUR
STAFF CAN REVIEW HOW THIS
PROGRAM IS GOING AND SEE IF
THERE ARE UNEXPECTED BENEFITS OR
THINGS THAT WE WOULD WANT TO
CHANGE THE NEXT TIME THE PERMIT
COMES UP FOR RENEWAL.
>>BARRY NELSON: SECOND
QUESTION. GIVEN — IF THIS WAS
A LAND PERMIT F THIS WERE A
CAPITAL PERMIT OF THIS SIZE AND
SCALE AND SCOPE, I AM CERTAIN
THAT WE WOULD BE REQUIRING
SIGNIFICANT PUBLIC ACCESS GIVEN
OUR REQUIREMENT TO PROVIDE
MAXIMUM PUBLIC ACCESS CONSISTENT
WITH A PROJECT. BUT THIS IS AN
O&M PERMIT, NOT A CAPITAL
PERMIT. SO, CAN YOU HELP US
UNDERSTAND, GIVEN THE SIZE OF
THIS PERMIT, HOW STAFF HAS
THOUGHT ABOUT PUBLIC ACCESS,
JUST TO MAKE SURE THAT WE’RE —
WE DON’T WANT TO DOUBLE DIP, IF
THERE WERE CAPITAL — IF THERE
WERE REQUIREMENTS FOR PUBLIC
ACCESS REGARDING FOR SOME OF
THESE PROJECTS WHEN THEY WERE
ORIGINALLY CONSTRUCTED WE DON’T
WANT TO DOUBLE DIP BUT AT THE
SAME TIME WE WANT TO MAKE SURE
WE’RE APPROPRIATELY THINKING
ABOUT PUBLIC ACCESS REQUIREMENTS
FOR BIG LONG-TERM O&M PROJECTS.
>>SPEAKER: YEAH. SO, AS WE
WERE GOING THROUGH THE
APPLICATION PROCESS, WE
SERIOUSLY CONSIDERED WHETHER WE
WOULD BE — WHATEVER THIS
PROGRAM WOULD REQUIRE PUBLIC
ACCESS IMPROVEMENTS. AND THE
FACT IS THAT THE PROGRAM WOULD
ONLY INVOLVE ACTIVITIES ON
EXISTING STRUCTURES. IT
WOULDN’T INVOLVE ANY INCREASES
IN USE OR SIGNIFICANT CHANGES IN
USES. AND THERE WOULDN’T BE ANY
PERMIT PUBLIC ACCESS IMPACTS.
SO STAFF DETERMINED THAT THERE
WASN’T AN APPROPRIATE NEXUS TO
REQUIRE PUBLIC ACCESS
IMPROVEMENTS.
>>BARRY NELSON: ARE THERE OTHER
EXAMPLES OF LONG-TERM
PERMITS LIKE THIS THAT DON’T
HAVE PUBLIC ACCESS REQUIREMENTS?
>>SPEAKER: YEAH. WE HAVE
SEVERAL LONG-TERM O&M PERMITS
WITH DIFFERENT PUBLIC
AGENCIES, CALTRANS, SANTA CLARA
VALLEY WATER, EAST BAY
PARK DISTRICT, CARGILL. THERE
ARE A LOT OF THEM. AND I DON’T
BELIEVE THAT ANY OF THEM HAVE
PUBLIC ACCESS IMPROVEMENTS
REQUIRED.
>>BARRY NELSON: THAT’S ALL. IF
I COULD —
>>SPEAKER: — [INDISCERNIBLE]
>>SPEAKER: APP UP AGAIN.
>>BARRY NELSON: CAN YOU HEAR
ME?
>>SPEAKER: YES.
>>SPEAKER: THE PERM FOCUS IN
PUBLIC ACCESS A LOT OF FOCUS IS
ACTUALLY AVOIDING IMPACTS TO
PUBLIC ACCESS DURING THESE KINDS
OF WORK THAT PG&E NEEDS TO KEEP
ELECTRICITY AND THE GAS
FLOWING.
THAT’S REALLY WHAT THE PERMIT
PROVIDES FOR IS MAKING SURE
THERE AREN’T SIGNIFICANT
LONG-TERM IMPACTS TO THE
EXISTING PUBLIC ACCESS WITH THE
PROJECT WE ARE THINKING ABOUT
PUBLIC ACCESS BUT IT WAS MORE IN
THAT LIGHT, WE REALIZE THE
99, I DON’T KNOW THE NUMBER BUT
MOST OF THESE THINGS ARE VERY
SMALL LIKE REPLACING RESISTORS
OR THINGS LIKE THAT, THAT AREN’T
PHENOMENAL.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER KISHIMOTO?
>>YORIKO KISHIMOTO: MY QUESTION
IS ABOUT MAYBE THE LARGER
PROBLEMS. YOU CAN TALK A LITTLE
BIT ABOUT THE STAGING AREAS THAT
MIGHT BE REQUIRED? I GUESS
THERE WAS SOME DISCUSSION ABOUT
THAT THERE. BUT YOU TALK ABOUT
BOARDWALKS, BUT — WHAT KIND OF
HEAVY EQUIPMENT DO YOU
POTENTIALLY NEED FOR, LIKE, THE
WORK ON THE LARGER TOWERS? AND
HOW MANY LARGE STAGING AREAS DO
YOU ANTICIPATE HAVING TO BUILD
AND POTENTIALLY MITIGATE FOR?
>>CUYLER STAPLEMANN: THANK YOU
FOR YOUR QUESTION. I CAN JUMP IN
HERE. A LOT OF OUR ELECTRIC
TRANSMISSION TOWERS ARE IN THE
BAY. THEY DO HAVE BOARDWALK
ACCESS. BUT WE PERFORM A LOT OF
WORK ON THOSE TOWERS, ESPECIALLY
AT THE TOPS OF THOSE TOWERS, BY
HELICOPTER. SO IMPORTANT —
THERE IS LOTS OF RESTRICTION
WHERE IS WE CAN SAFELY FLY
SPECIFIC DISTANCES WE CAN’T
CROSS PUBLIC ROADS WITHOUT
TRAFFIC CONTROL WE TRY TO
LOCATION THOSE HELICOPTER
LANDING ZONES AS CLOSE TO THE
WORK LOCATIONS AS POSSIBLE IT’S
A SAFETY ISSUE FOR OUR WORKERS
AS WELL AS THE PUBLIC I CAN’T
REALLY SPEAK TO THE VOLUME OF
LANDING ZONES, ZONES MAY BE
REQUIRED PER YEAR BUT GENERALLY
THEY ARE LOCATED ON EXISTING
PAVED SURFACES
LOTS, DISTURBED AREAS THEY’RE
STAGE A COUPLE OF POLES AND
INSTIGATEULARITIES AND SLIDE
THEM OUT TO THE WORK LOCATIONS,
IN THE CASE OF LARGER TOWER
PROJECT THERE WOULD BE
ADDITIONAL TEMPORARY
CONSTRUCTION EASTMENT OR WORK
AREAS OUTSIDE OF OUR RIGHT OF
WAY THAT WOULD NEED, SORT OF, A
TEMPORARY RIGHT FROM THE
PROPERTY OWNER, AND THOSE WOULD
GENERALLY BE LOCATED IMMEDIATELY
IN THE VICINITY OF THE TOWER DUE
TO A TOWER IN THE TIDAL MARSH,
THOSE WORK AREAS YOU WOULD,
AS SMALL AS POSSIBLE TO REDUCE
IMPACTS AND WE CAN’T ACCESS BY
BARGE OFTENTIMES WE’LL HAVE
EQUIPMENT ON BARGES AND THROW
THEM RIGHT UP TO THE TOWERS.
BUT IN RARE OCCASIONS WE WILL
NEED TO PLACE MATTING SOME REVE
EQUIPMENT.
>>YORIKO KISHIMOTO: YEAH THAT
HELPS EITHER HELICOPTER OR BARGE
BECAUSE YOU COULDN’T BRING HEAVY
EQUIPMENT ALONG THE BOARDWALK.
THAT’S IT.
>>SPEAKER: THE PERMITS WOULD
ALSO INCLUDE SPECIAL CONDITION
REQUIRING RESTORATION OF
TEMPORARY IMPACTS TO TIDAL MARSH
IF THEY’RE EXPECTED IN A
PROJECT. AND THESE ACTIVITIES
THAT ARE AUTHORIZED BY THIS
PERMIT WOULD BE LIMITED TO THOSE
THAT PG&E EXPECTS TO BE ABLE TO
BE PASSIVELY RESTORED WITHIN TWO
YEARS. SO, SOME OF THE LARGER
TOWER REPLACEMENTS THAT WOULD
REQUIRE MORE VEGETATION
CLEARING, MORE MATTING, THOSE
MIGHT BE KICKED OUT OF THIS
PERMIT AND REQUIRE AN INDIVIDUAL
PERMIT IF THE RESTORATION WOULD
BE EXPECTED TO TAKE LONGER, OR
THERE WOULD BE PERMIT IMPACTS.
>>YORIKO KISHIMOTO: THANK YOU.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER GUNTHER?
>>ANDREW GUNTHER: YOU CAN GUYS
HEAR ME?
>>SPEAKER: YEAH.
>>SPEAKER: SPEAK UP A LITTLE
BIT.
>>ANDREW GUNTHER: CAN YOU HEAR
ME NOW?
>>SPEAKER: YEAH.
>>ANDREW GUNTHER: IT’S THE
SETTINGS. CAN YOU HEAR ME?
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>ANDREW GUNTHER: WE’RE GETTING
SOME FEEDBACK HERE. QUICK
QUESTION. THANK YOU FOR ALL OF
THE DETAIL IN YOUR
PRESENTATION.
>>CHAIR, ZACHARY WASSERMAN: WE
CAN BARELY HEAR YOU ANDY.
>>ANDREW GUNTHER: YOU CAN
DESCRIBE HOW YOU ARE
CONSIDERING, AS YOU PREPARE AND
UPGRADE FACILITIES, I ASSUME YOU
ARE THINKING ALSO ABOUT THE
FUTURE CLIMATE IN WHICH THESE
FACILITIES WILL NEED TO BE
OPERATED. CAN YOU SAY A LITTLE
BIT ABOUT THAT? AND WHETHER AS
WE’RE WORKING TO IN THE AREA
AROUND THE BAY WHETHER THERE ARE
POSSIBILITIES OF, SORT OF,
MULTI-BENEFIT KIND OF WORK THAT
YOU CAN DO — BECAUSE I KNOW YOU
DON’T GO OUT TO THESE SITES
REALLY THAT OFTEN.
>>JON WILCOX: WE HAVE TEAMS
LOOKING AT SEA LEVEL RISE AND
IMPACT. WE HAVE SUBSTATIONS
THAT ARE CLOSE, RAVENSWOOD IN
PARTICULAR, THINGS THAT ARE
TRIGGERED FOR SEA LEVEL RISE WE
SPEND A LOT OF TIME IF TOWERS
NEED TO BE RAISED, TO ADDRESS
THAT, AND THOSE ISSUES OCCUR.
WE HAVE A BIG TEAM AND THEY’RE
DEFINITELY SPENDING TIME
REVIEWING THAT. AND SOME OF THE
PROJECT WORK YOU’RE GOING TO SEE
IS PROTECTING SEA LEVEL RISE
THOSE ARE PROJECTS COMING
THROUGH RIGHT NOW, TO YOUR
QUESTION ABOUT MULTI-BENEFIT, I
THINK THAT’S GOING TO GO TO EACH
PROJECT WHAT WE CAN DO. WE WORK
CLOSELY WITH THE JOINT VENTURE
AND A LOT OF GROUPS SEEING WHAT
WE CAN DO TO WORK TOGETHER. WE
DIDN’T — WE HAVE THESE OTHER
PROGRAMMATICS AS I MENTIONED
BEFORE AND THOSE TRIGGER A LOT
OF MITIGATION OUT THERE, LIKE
FISH AND WILDLIFE SERVICE AND
CFW AND WE’RE WORKING WITH THEM
TO CREATE LARGE-SCALE MITIGATION
PROJECTS AS OPPOSED TO POSTAGE
STAMP STUFF DONE BEFORE
HISTORICALLY THOSE ARE THINGS WE
CAN DO TO WORK WITH JOINT
VENTURE AND BOTH FEDS AND STATE
AGENCIES AND LAND AGENCIESES TO
CREATE BENEFITS RESTORATION
OPPORTUNITIES. THERE ARE AREAS,
WE’RE WORKING WITH A MITIGATION
BANK DEVELOPER WHERE WE’RE
SWITCHING AN EASEMENT TO AN
ARIEL EASEMENT THAT WOULD NEVER
PUT ANYTHING DOWN, DON EDWARDS
REFUGE RIGHT NOW THOSE ARE THE
THINGS COMING UP, BUT BENEFICIAL
ASPECTS SEA LEVEL RISE ARE HIGH
IN OUR MIND WE HAVE ASSETS THAT
ARE IN THE MIDST OF BEING
IMPACTED.
>>ANDREW GUNTHER: THAT’S KIND
OF WHAT I FIGURED AND I WANT TO
MAKE SURE ONCE YOU’RE OUT THERE
TOUCHING THESE FACILITIES THAT
EVERYTHING — ALL THE CAPITAL WE
INVEST IN THIS COMMUNITY NOW
NEEDS TO BE DONE IN THAT
MANNER.
THAT’S GREAT. THANK YOU VERY
MUCH.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER MOULTON-PETERS?
>>STEPHANIE MOULTON-PETERS:
THANK YOU. I HAD A QUICK
FOLLOW-UP QUESTION FOR JON, YOU
REFERRED TO SOMETHING CALLED A
JOINT VENTURE, JON, AND I WAS
CURIOUS WHAT THAT WAS WITH
REGARD TO THE MITIGATION
PROJECTS THAT YOU DO.
>>JON WILCOX: IT’S THE SAN
FRANCISCO BAY JOINT VENTURE, WE
SIT ON THAT BOARD AS WELL — I’M
SORRY, THE BAY AREA JOINT
VENTURE PROGRAM, THAT WE SIT ON,
WE’RE EXPLORING WITH THEM
OPPORTUNITIES FOR RESTORATION
THAT EXIST OUT THERE CURRENTLY
RIGHT. WE CAN LEVERAGE, FOR
EXAMPLE, WE HAVE PROPERTY CALLED
ANTIOCH DUNES THAT WAS PART OF
THE REFUGE, WE DONATED THAT BACK
TO THE REFUGE TWO YEARS AGO IT’S
A BIG EXPANSION. WEIGH DO WHAT
WE CAN AS FAR AS WORKING
TOGETHER, THE BENEFITS ON
MITIGATION SIDE, BUT ALSO
BENEFITS WHAT WE’RE CAN DO AND
PUT INTO A REFUGE TYPE SITUATION
OR RESTORATION, RIGHT THOSE ARE
THE THINGS WE’RE LOOKING AT.
>>STEPHANIE MOULTON-PETERS:
GREAT. THANK YOU.
>>CHAIR, ZACHARY WASSERMAN: I
DON’T SEE ANY OTHER HANDS
RAISED. I WOULD ENTERTAIN A
MOTION TO CLOSE THE PUBLIC
HEARING.
>>PAT ECKLUND: I’LL MOVE TO
APPROVE TO CLOSE —
>>CHAIR, ZACHARY WASSERMAN:
CLOSE THE HEARING.
>>PAT ECKLUND: PARDON ME.
>>CHAIR, ZACHARY WASSERMAN:
CLOSE THE PUBLIC HEARING.
>>PAT ECKLUND: RIGHT. I MOVE
TO CLOSE THE PUBLIC HEARING.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. AND I HAVE A SECOND
FROM COMMISSIONER
MOULTON-PETERS. THANK YOU. IS
THERE ANY OPPOSITION TO CLOSING
THE PUBLIC HEARING? SEEING
NONE. IT IS CLOSED.
>>PAT ECKLUND: SO TO BEGIN THE
DISCUSSION, I WOULD LIKE TO MOVE
STAFF RECOMMENDATION.
>>CHAIR, ZACHARY WASSERMAN:
THAT’S WHAT’S COMING UP
NEXT.
GO AHEAD, RON.
>>PAT ECKLUND: SO, I MOVED IT.
IS THERE A SECOND?
>>CHAIR, ZACHARY WASSERMAN:
NO.
WE NEED TO HAVE IT BEFORE
YOU GO AHEAD
ROWAN.
>>ROWAN YELTON: STAFF
RECOMMENDS APPROVAL OF
CONDITIONS OF PROPOSED PERMANENT
APPLICATION NUMBER 202300200 FOR
FIVE-YEAR PROGRAM FOR OPERATIONS
AND MAINTENANCE OF ELECTRICAL
GAS TRANSMISSION AND
DISTRIBUTION FACILITIES
THROUGHOUT THE BAY AREA
INCLUDING SPECIAL CONDITIONS
REQUIRING ACTIVITY PROPOSAL FOR
STAFF REVIEW INCLUDING ANNUAL
REPORTING SPECIES PROTECTION
INCLUDING RESTORATION TEMPORARY
DISTURBANCES COMPLIANCE WITH
APPROPRIATE ENVIRONMENTAL WORK
WINDOWS AND COMPLIANCE WITH
AGENCY PROGRAMMATIC PERMITS AND
INDIVIDUAL PERMITS CONDITIONS
REGARDING AVOIDANCE MINIMIZATION
MITIGATION TEMPORARY IMPACTS TO
PUBLIC ACCESS. THE STAFF
BELIEVE THAT THE PROJECT IS
CONSISTENT WITH THE REQUIREMENTS
OF THE MCATEER-PETRIS AND THE
SAN FRANCISCO BAY PLAN.
>>LARRY GOLDZBAND: MAY I ADD
SOMETHING ROWAN, WHICH IS THIS
RECOMMENDATION IS FOR ITEM
EIGHT, NOT ITEM NINE. SIMPLY
FOR ITEM EIGHT, WHICH IS — IS
THAT CORRECT?
>>PAT ECKLUND: RIGHT. NUMBER
NINE IS DIFFERENT. I WOULD LIKE
TO MOVE THE STAFF RECOMMENDATION
FOR THIS PERMIT.
>>CHAIR, ZACHARY WASSERMAN: IS
THERE A SECOND?
COMMISSIONER GUNTHER SECONDS.
AND I ASSUME THE APPLICANT
ACCEPTS THE CONDITIONS. BUT I
WOULD LIKE TO HEAR AFFIRMATION.
>>ION WILCOX: WE DO. THANK
YOU.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU VERY MUCH.
>>PAT ECKLUND: AND, ZACK, I
WOULD LIKE TO THANK FOR THEIR
THOROUGHNESS, IN DEVELOPING
THOSE CONDITIONS, AS SOMEONE WHO
WAS IN CHARGE OF THE NPDS
PERMITTING PROGRAM FOR EPA MANY
YEARS AGO, I KNOW WRITING THESE
PERMITS IS NOT SOMETHING THAT’S
EASY, AND I ALSO WANTED TO THANK
PG&E FOR AGREEING TO NOT ONLY
MAINTAIN WHAT YOU HAVE GOT BUT
TRY TO IMPROVE THE CURRENT
PUBLIC ACCESS AND VISUAL ASPECT
OF IT, AS WELL. THIS IS THE
TIME WHEN WE SHOULD BE DOING
THAT. SO I WANTED TO MAKE THOSE
TWO COMMENTS VERY MUCH.
>>CHAIR, ZACHARY WASSERMAN: YOU
CAN TAKE THE SLIDE DOWN SO THAT
I CAN SEE THE
PLEASE? THANK YOU. I WOULD
ASK FOR A MOTION ON THE STAFF
RECOMMENDATION.
>>PAT ECKLUND: I MOVED IT.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. TECHNICALLY WE NEED
TO MAKE THE MOTION AFTER IT
COMES IN. IS THERE A SECOND FOR
THE MOTION? COMMISSIONER GORIN
SECONDS. ALL RIGHT. IF THERE
IS NO FURTHER COMMENTS, SIERRA,
PLEASE CALL THE ROLL ON THIS
QUESTION ON ITEM EIGHT.
>>CLERK OF THE BOARD:
COMMISSIONER ADDIEGO?
>>MARK ADDIEGO: YES.
>>CLERK OF THE BOARD:
COMMISSIONER AHN?
>>EDDIE AHN: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER ECKLUND?
>>PAT ECKLUND: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER GILMORE?
>>MARIE GILMORE: YES.
>>CLERK OF THE BOARD:
COMMISSIONER GORIN?
>>SUSAN GORIN: YES.
>>CLERK OF THE BOARD:
COMMISSIONER GUNTHER?
>>ANDREW GUNTHER: YES.
>>CLERK OF THE BOARD:
COMMISSION PER HASZ?
COMMISSIONER LESKOVITZ?
>>SPEAKER: YES.
>>CLERK OF THE BOARD:
KISHIMOTO?
>>YORIKO KISHIMOTO: YES.
>>CLERK OF THE BOARD:
MOULTON-PETERS?
>>STEPHANIE MOULTON-PETERS:
YES.
>>CLERK OF THE BOARD:
COMMISSIONER NELSON?
>>BARRY NELSON: YES.
>>CLERK OF THE BOARD:
COMMISSIONER PEMBERTON?
>>SHERI PEMBERTON: ABSTAIN.
>>CLERK OF THE BOARD:
COMMISSIONER PINE?
>>DAVE PINE: YES.
>>CLERK OF THE BOARD:
COMMISSIONER RANDOLPH?
>>SPEAKER: YES.
>>CLERK OF THE BOARD:
COMMISSIONER ZAPATA? CHAIR
WASSERMAN?
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>CLERK OF THE BOARD: TOTAL OF
14 YESES.
>>CHAIR, ZACHARY WASSERMAN: THE
MOTION PASSES. THANK YOU. I
WOULD NOW ASK
FOR THE STAFF RECOMMENDATION ON
ITEM NINE.
>>SPEAKER: THE STAFF RECOMMENDS
APPROVAL WITH CONDITIONS OF THE
PROPOSED PERMIT APPLICATION
NUMBER 202300300MD FOR THE
FIVE-YEAR PROGRAM OF OPERATION
AND MAINTENANCE ELECTRICAL AND
GAS TRANSMISSION DISTRIBUTION
FACILITIES THROUGHOUT THE
PRIMARY MANAGEMENT AREA OF
SUISUN MARSH THE PERMIT WOULD
INCLUDE THE SAME SPECIAL
CONDITIONS AS 2023002. THE
STAFF BELIEVES THAT THE PROJECT
IS CONSISTENT WITH THE
REQUIREMENTS OF THE
MCATEER-PETRIS ACT. SAN
FRANCISCO BAY PLAN, SUISUN MARSH
PROTECTION ACT, AND SUISUN MARSH
PRESERVATION ACT, AND THE SUISUN
MARSH PROTECTION PLAN.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU.
THEN WILL YOU TAKE DOWN THE
SLIDE, PLEASE? IS THERE A
MOTION TO APPROVE THE STAFF
RECOMMENDATION ON ITEM NINE?
COMMISSIONER PINE, I BELIEVE
YOUR HAND IS US.
>>PAT ECKLUND: AND I’LL SECOND
THE MOTION.
>>CHAIR, ZACHARY WASSERMAN: AND
COMMISSIONER ECKLUND SECONDS.
IF THERE ARE NO FURTHER
COMMENTS, SIERRA, PLEASE CALL
THE ROLL.
>>CLERK OF THE BOARD:
COMMISSION ADDIEGO?
>>MARK ADDIEGO: YES.
>>CLERK OF THE BOARD:
COMMISSIONER AHN?
>>EDDIE AHN: YES.
>>CLERK OF THE BOARD: ECKLUND?
>>PAT ECKLUND: AYE.
>>CLERK OF THE BOARD: GILMORE?
>>MARIE GILMORE: YES.
>>CLERK OF THE BOARD: GUNTHER?
>>ANDREW GUNTHER: YES.
>>CLERK OF THE BOARD: HASZ?
COMMISSIONER LESKOVITZ?
>>SPEAKER: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER KIMBALL?
>>SPEAKER: YES.
>>CLERK OF THE BOARD:
KISHIMOTO?
>>YORIKO KISHIMOTO: YES.
>>CLERK OF THE BOARD: MOULTON
PETERS?
>>STEPHANIE MOULTON-PETERS:
YES.
>>CLERK OF THE BOARD: NELSON?
>>BARRY NELSON: YES.
>>CLERK OF THE BOARD:
PEMBERTON?
>>SHERI PEMBERTON: ABSTAIN.
>>CLERK OF THE BOARD:
COMMISSIONER.
>>DAVE PINE: PINE YES.
>>CLERK OF THE BOARD:
COMMISSIONER RANDOLPH?
>>SEAN RANDOLPH: YES.
>>CLERK OF THE BOARD: ZAPATA?
WASSERMAN.
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>CLERK OF THE BOARD: TOTAL OF
15 YESES ZERO NOS AND ONE
ABSTENTION.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU ALL AS FOR ALL YOUR
WORK. WE LOOK FORWARD TO THIS
GOING FORWARD. ITEM TEN PUBLIC
HEARING AND POSSIBLE VOTE ON
APPLICATION FROM REGIS HOMES
BAY AREA LLC TO REDEVELOP
APPROXIMATELY 2.54 ACRE NEW
RESIDENTIAL PROJECT CONSISTING
OF 56 FOR SALE TOWNHOUSES AS
WELL AS SHORELINE PUBLIC ACCESS
OPEN SPACE AREAS WITHIN THE BAY
AND 100 FEET OF SHORELINE BAND
AT 505 EAST BAY SHORELINE ROAD
REDWOOD CITY, BCDC SHORELINE
DEVELOPMENT PERMITS MANAGER WILL
MAKE THE PRESENTATION AND
INTRODUCE THE APPLICANT
SPEAKERS.
>>LARRY GOLDZBAND: BE RIGHT
THERE WE’RE DOING A
TECHNOLOGICAL FIX.
>>CLERK OF THE BOARD: WE’RE
WORKING ON SOME SOUND IN THE
ROOM. GIVE US ONE MINUTE.
>>SPEAKER: THANK YOU CHAIR
WASSERMAN. GOOD AFTERNOON
COMMISSIONERS I’M KATHARINE PAN
SHORELINE DEVELOPMENT PROGRAM
MANAGER AT BEA R BCDC I’LL BE
PROVIDING A BRIEF SUMMARY OF
THIS NEXT APPLICATION NUMBER
2023005 FOR RESIDENTIAL
DEVELOPMENT AT 505 EAST BAY
SHORE ROAD IN REDWOOD CITY SAN
MATEO COUNTY I’LL INTRODUCE
REGIS HOMES WHO WILL SHARE THE
DETAILS.
>>SPEAKER: THEIR PROJECT WITH
YOU. SUMMARY FOR THIS PROJECT
WAS MAILED ON APRIL 5TH, 2024
AND STAFF RECOMMENDATION
FOLLOWED ON MAY 10TH, 2024.
ALL RIGHT. TO ORIENT YOU,
THE PROJECT IS LOCATED IN
REDWOOD CITY IN SAN MATEO COUNTY
NEARBY LANDMARKS INCLUDE BEAR
ISLAND ECOLOGICAL RESERVE AND
SMITH SLEW TO THE NORTH AND PORT
OF REDWOOD CITY CARGILLS REDWOOD
CITY SALT PLANT NEAR THE EAST
BEAR ISLAND ECOLOGICAL RESERVE
PART OF SAN FRANCISCO BAY PLAN
DESIGNATED WILDLIFE PRIORITY
USED R USE AREA BUT ITSELF IS
NOT PART OF PRIORITY AREAS. THE
HALF ACRE SITUATED JUST OFF
WHIPPLE AVENUE OVERPASS
OFF-HIGHWAY 101 PREVIOUS USE OF
THE SITE WAS FOR METAL RECYCLING
SUPPLY OPERATION DATING BACK TO
1963 THERE ARE NO EXISTING BCDC
PERMITS ON THE SITE. TO THE
SOUTH IS FORMER TOYOTA 101
DEARLISHIP AND EAST 557 EAST
BAY SHORE ROAD CURRENTLY VACANT
MOVIE THEATRE COMPLEX IN THE
PROCESS OF REDEVELOPMENT. THE
PROJECT FOR THE NEIGHBORING
DEVELOPMENT WAS APPROVED BY THE
COMMISSION IN JUNE OF LAST
YEAR.
NOTABLE FEATURES TO THE NORTH OF
THE SITE WE FREQUENTLY REFERENCE
IN THE STAFF RECOMMENDATION
IMMEDIATELY TO THE NORTH IS A
TIDALING INFLUENCE DITCH WITH
MUTED TIDAL MARSH HABITAT PART
OF THE JURISDICTION’S NORTHED
OF THAT IS PAVED TRAIL THE LEVY
TRAIL RECOMMENDATION AND NORTHS
OF THAT IS WHAT WE REFER TO AS
THE UNNAMED SLEW WHICH IS A
TRANSCRIBETARY OF SMITH SLEW AND
NORTH OF THAT IS THE BAY AREA
ISLANDS TRAIL SEGMENT THE TIDAL
DITCH IS CHARACTERIZED AS HAVING
MUTED TIDESAL MARSH HABITAT
LIMITED DUE TO SIZE AND
ISOLATION PROVIDING SUITABLE
HABITAT FOR MARSH HARVEST MOUSE
AND SHOE, BEAR
ISLANDS ECOLOGICAL RESERVE
NORTH ARE BOTH BIOLOGICAL
HABITAT FOR A VARIETY OF SPECIAL
STATUS SPECIES, IMAGINES OF THE
SITE TAKEN AT HIGH AND LOW TIDE.
REGIS HOMES BAY AREA LLC IS
PROPOSING TO REMEDIATE AND
REDEVELOP THE PROPERTY AT 505
EAST BAY SHORE ROAD WITH
RESIDENTIAL TOWNHOME PROJECT
CONSISTING OF 56 TOTAL UNITS
INCLUDING EIGHT AFFORDABLE UNITS
AS WELL AS SHORELINE PUBLIC
ACCESS OPEN SPACE AREAS 1.39
ACRES OF THE PROJECT WOULD BE
WITHIN THE COMMISSION’S BAY
SHORELINE BAN JURISDICTION
INCLUDING THREE TOWNHOME
BUILDINGS IN A PUBLIC ACCESS
AREA IN SHORELINE TRAIL. DUE TO
THE PRESENCE OF TIDAL MARSH IN A
DITCH THE BAY SHORELINE IN THIS
AREA IS CONSIDERED THE UPLAND
EDGE OF MARSH VEGETATION UP TO
FIVE FEET ABOVE MEANS SEA LEVEL
THE DIAGRAM YOU CAN SEE IT IN
RED. THE PROJECT WILL INVOLVE
600 FRIEFR FEET OF NEW BAY FILL
CAN I HAVING OF SMALL PORTIONS
OF NEW SHORELINE TRAIL OVERLOOKS
CAN’T LEVERED OVER THE DITCH
FROM A RETAINING WALL SITUATED
IN THE SHORELINE BAND MAYBE HARD
TO SEE HERE THE PARTS CAN’T
LEVERING CROSS OVER THE BAY
JURISDICTION. DEDICATED OPEN
SPACE TO MAINTAIN A VISUAL
CONNECTION TO BEAR ISLANDS
WITHIN THE SHORELINE BAND THE
SITE WILL INCLUDE SITE
PREPARATION REMOVING ALL
EXISTING SITE FEATURES
REMEDIATING PCB CONTAMINATED
SOILS RAISING ELEVATIONS
APPROXIMATELY 5 TO 7 FEET THE
PROJECT WILL INCLUDE A FEW 550
FOOT RETAINING WALL ALONG THE
DITCH 3, 3 STORY RESIDENTIAL
BUILDINGS WITH 20 TOWNHOME UNITS
ASSOCIATED CIRCULATION AREAS AND
APPROXIMATELY 16,560 FEET OF
PROJECT PUBLIC ACCESS
IMPROVEMENTS TAKING PLACE
OFF-SITE ON PUBLICLY OWNED
PROPERTY. THE PROJECT WILL
PROVIDE APPROXIMATELY 18,800
SQUARE FEET OF DEDICATED
PUBLICLY OWNED PUBLIC ACCESS IN
AN AREA WHERE PUBLIC ACCESS
DOESN’T CURRENTLY EXIST THIS
INCLUDES 14,250 SQUARE FEET OF
DEDICATED PUBLIC ACCESS IN THE
BAY AND SHORELINE BAND AND 180
FOOT OF DEDICATED PUBLIC ACCESS
OUTSIDE OF COMMISSION’S
JURISDICTION. IMPROVEMENTS IN
THE PUBLIC ACCESS AREA WILL
INCLUDE A TEN FOOT WIDE CONCRETE
PATH WITH 210 FOOT SHOULDERS ON
EACH SIDE THAT WILL CONNECT
ROADWAY TO PLAN IMPROVEMENTS AT
557 EAST BAY SHORE OVERLOOKS
OBSERVATION DECK DELIVERED OVER
THE TIDAL DITCH WITH VIEWS
TOWARD THE BEAR ISLANDS AND
PLAZA AT THE TRAIL ENTRANCE,
PERMIT IS FIVE FEVEN EAST BAY
SHORE SITES TIDESAL TO
FACILITIES ON THE SIDE. IN
ADDITION PROJECT WILL PROVIDE
4,550 TOTAL SQUARE FEET OF
PUBLIC ACCESS, INCLUDING NEW
TRAIL PLAZA SIDEWALK CONNECTION
TO THE BEAR ISLAND TRAIL HEAD
AND SIDEWALK ALONG THE EAST BAY
SHORE ROAD LEADING TO FIVE NEW
PUBLIC SHORE PARKING SPACES IN
THE RIGHT OF WAY S CONTAMINATION
IN THE SOIL AND SEDIMENT ON THE
SITE IN THE TIDAL DITCH THE
WATER QUALITY CONTROL BOARD IS
CONDUCTED THROUGH SEPARATE
RELATED REMEDIATION PROJECTS
INCLUDING RENEEDIATION OF THE
ON-SITE AREA SHOWN HERE IN
PURPLE OR BLUE THIS WORK BASED
ON-SITE CLEAN UP PLAN DEVELOPED
UNDER OVERSIGHT ASSIST WATER
BOARD INVOLVING CONSTRUCTION OF
THE RETAINING WALL EXCAVATING
CONTAMINATED SOIL AROUND THE
PLAN UTILITY LINES AND GRADING
AND CAPPING CONTAMINATED SOIL
UNDER GEO TEXTILE AND IMPORTING
CLEAN SOIL. IN ADDITION ANOTHER
PROJECT IS BEING PROPOSED BY A
DIFFERENCE APPLICANT TO
REMEDIATE THE SITE BANK IN
YELLOW AND ORANGE SITES IN AREAS
BELOW THE RETAINING WALL AND
DITCH MEETING REMEDIATION
PROJECTS COMPLETED TO THE
CONSTRUCTION OF ANY HOUSING OR
PUBLIC ACCESS COMPONENTS THE
PROJECT SITE BANK AREA WILL
BECOME DEDICATED OPEN SPACE.
THE PROJECT WILL ELEVATE THE
ENTIRE SITE TO 5 TO 7 FEET ABOVE
EXISTING GRADE FINISHED GRADE OF
13 FEET AND VD88 EXCEPT FOR THE
NORTHWEST CORNER PORTION OF THE
PUBLIC ACCESS ELEVATIONS
DECREASE TO AROUND 11 FEET TO
CONFORM WITH EXISTING GRADES IN
THE CALTRANS RIGHT OF WAY.
STORM TIDAL LEVEL PROJECTS AND
CONTRACTS WITH PROPOSED GRANT
AWARDS OVERED TO RISE 12.SKWIEN
FEET 88 FROM CURRENT LEVELS OF
10.69 FEET ON HIGH EMISSIONS
SCENARIO PROVIDED BY THE
OCEANARY PROTECTION COUNCIL
UNDER 2018 SEA LEVEL RISE
GUIDANCE. AT THE PROPOSED
ELEVATIONS MOST PROJECT AND
PUBLIC ACCESS AREA WILL BE
RESILIENT TO FLOODING FROM THE
100 YEAR STORM TIED IN 2050
UNDER MEDIUM HIGH RISK HIGH
EMISSION SCENARIO WITH EXCEPTION
OF IMPROVEMENTS IN THE NORTHWEST
PART OF THE SITE.
HOWEVER THE 100 YEAR STORM TIME
IS PROJECTED TO REACH 13.6 FEET
BY 2060 AND 14.5 FEET BY 2070
MEANING PUBLIC ACCESS AREAS
WOULD BE AT RISK OF FLOODING
BEFORE THE END OF THE CENTURY.
GROUNDS WATER LEVELS POTENTIAL
TO COMPROMISE PROJECT STORM
DRAINS BY 2050 AND PROJECTED TO
BE AT OUR ABOVE GROUNDS LEVEL BY
2100. THIS SLIDE SHOWS WHAT
THAT WILL LOOK LIKE BASED ON
CURRENT CONDITIONS NEARLY ALL OF
THE SURROUNDING AREA WOULD BE
FACING IMPACTS BY THIS TIME.
THE APPLICANTS CONTEMPLATED
ADAPTATION STRATEGIES DURING THE
DESIGN PHASE INCLUDING RAISING
THE EDGE CHATTY RETAINING WALL
AND ELEVATES THE MULTI-USE TRAIL
BUT HAVE NOT COMMITTED TO A
SINGLE ADAPTATION STRATEGY AT
THIS TIME STAFF HAS AGREED TO
MONITOR THE SITE AND ENGAGE IN
AN ADAPTATION PLANNING PROCESS
THAT WILL BEGIN BY 2050 OR AT
ANY EARLY STAGES OR ANY SIGNS
MUCH FLOODING TO REASSESS SITE
CONDITIONS USING BEST AVAILABLE
SCIENCE AT THE AND DEVELOP AND
IMPLEMENT APPROPRIATE ADAPTATION
MEASURES TO AVOID IMPACT ON THE
PUBLIC ACCESS AREA BECAUSE THE
PROJECT INVOLVES SALE OF TOWN
HOMES AND EXPECT PERMIT TO BE
TAKEN OVER BY HOMEOWNERS
ASSOCIATION REQUIRES NOTICE TO
BUYERS THAT CLEARLY INDICATES
RESPONSIBILITIES OF THE
PERMITTEE TO MAINTAIN AND ADAPT
PUBLIC ACCESS AREA FOR THE LIFE
OF THE PROJECT RECOMMENDATION
FOR CONTENTS OF THAT NOTICE IS
INCLUDED IN APPENDIX C OF THE
STAFF RECOMMENDATION. ACCORDING
TO THE COMMISSION’S VULNERABLE
MAPPING TOOL THE PROJECT SITE IS
LOCATED WITHIN A BLOCK
IDENTIFIED AS HAVING LOW SOCIAL
VULNERABILITY GIVEN INDUSTRIAL
COMMERCIAL NATURE OF SURROUNDING
DEVELOPMENT MUCH OF THE AREA
SHOWS HAVING LOW SOCIAL
VULNERABILITY ALSO IDENTIFIED IS
HIGHEST CONTAMINATION VULNERABLE
WHICH IS ASSOCIATED WITH NEARBY
HAZARDOUS CLEAN UP ACTIVITIES
GROUNDS WATER THREATS HAZARDOUS
WASTE FACILITIES AND SOLID WASTE
FACILITIES. PROJECT DESIGN
APPLICANT CONDUCTED OUTREACH TO
COMMUNITY GROUPS TO IDENTIFY
ENVIRONMENTAL SOCIAL EQUITY
CONCERNS, DESIRES FOR AFFORDABLE
HOUSING AND COMMUNITIES IMPROVED
SHORELINE ACCESS TO TRAIL
CONNECTIONS AND PARKING ISSUES
APPLICANTS PROPOSING TO MAKE
OFFSITE PUBLIC ACCESS
IMPROVEMENTS INCLUDING SEGMENTS
ALONG EAST BAY SHORE ROAD AND
FIVE DESIGNATED PUBLIC SHORE
PARKING SPACES. THE PROJECT HAS
BEEN DESIGNED TO INCLUDE EIGHT
BELOW MARKET RATE UNITS THAT
WILL BE AFFORDABLE TO HOUSEHOLDS
MAKING UP TO ONE HUNDREDS 20% OF
THE AREA MEDIAN INCOME WHICH IS
APPROXIMATELY 21,000 FOR A
FAMILY OF FOUR. RELEVANT POLICY
ISSUES RAISED BY PROJECT INCLUDE
WEATHER PROPOSED PUBLIC ACCESS
IS MAXIMUM FEASIBLE CONSISTENT
WITH THE PROJECT OTHERWISE
CANNOT WITH MCATEER-PETRIS, BAY
PLAN IN TERMS OF BAY FILL
APPEARANCE AND DESIGN SCENIC
VIEWS WATER QUALITY MITIGATION
FISH AND WILDLIFE AND CLIMATE
CHANGE AND ENVIRONMENTAL JUSTICE
AND SOCIAL EQUITY. WITH THAT I
WOULD LIKE TO INTRODUCE KRYSTA
HEINS VICE PRESIDENT FOR
DEVELOPMENT AT SEARS REGIS HOMES
BAY AREA TO PRESENT THE
PROPOSAL IN GREATER DETAIL
>>LARRY GOLDZBAND: I WANT TO
REMIND FOLKS THAT WE ARE CLOSE
TO A QUORUM. SO, PLEASE WE NEED
YOU TO STAY. THANK YOU VERY
MUCH.
>>SPEAKER: THANKS
KATHARINE.
APPRECIATE THAT. I’M CHRIS
DEHAN WITH REGIS HOMES JOINED BY
JEFF SMITH ALSO WITH REGIS HOMES
AND OUR DESIGN TEAM. REGIS
HOMES IS A LOCAL HOME BUILDER
AND DEVELOPER BASED IN SAN
MATEO. GREAT. THANK YOU.
REGIS HOME BUILDER BASED IN SAN
MATEO WE HAVE BEEN IN BUSINESS
FOR 30 YEARS WE HAVE A LONG
TRACK RECORD DELIVERING HOUSING
THROUGHOUT THE BAY AREA AND HERE
IN REDWOOD CITY INCLUDING THE
THREE PROJECTS YOU SEE ON THE
SCREEN BEFORE YOU. WE’RE REALLY
EXCITED ABOUT THIS PROJECT.
HERE TO TELL YOU MORE ABOUT OUR
HOUSING PROPOSAL AT 505 EAST BAY
SHORE ROAD. I WOULD LIKE TO
START BY THANKING BCDC STAFF WHO
HELPED US GET HERE TODAY,
INCLUDING KATHARINE, YURIE,
JESSICA, TONY, ANDREA, ETHAN,
AND SO MANY MORE. IT’S BEEN A
HUGE TEAM. THANK YOU, ALL. 505
EAST BAY SHORE IS A SMALL BUT
IMPORTANT HOUSING PROPOSAL
THAT’S A BROADER TRANSFORMATION
OF THE BEAR ISLAND NEIGHBORHOOD
THAT STARTED WITH CITIES GENERAL
PLAN UPDATE BACK IN 2010 THE
VISION IS MIXED USE WATERFRONT
NEIGHBORHOOD CONSISTING OF
HOUSING OF MIXED USES,
DEVELOPMENT OF COMMUNITIES LIKE
BLUE HARBOR VILLE AS MARINA AND
OF COURSE THE APPROVAL OF 480
UNIT PROJECT NEXT DOOR AT 557
EAST BAY SHORE WE’RE PART OF
THAT TRANSFORMATION. OUR
PROJECT SITE IS THE GATEWAY TO
THAT NEIGHBORHOOD, YOU GET OFF
AT WHIPPLE AND COME ON TO
BAYSHORE ROAD THE SITE IS
WALKABLE TO DOWNTOWN, AND
INCLUDES RESOURCES TO BEAR
ISLANDS AND WILDLIFE REFUGE.
THIS IS WHAT IT LOOKS LIKE TODAY
THERE ARE NO TREES NO
APPEAL, THE BUILDINGS ARE AGING.
IT’S LACKING BASIC PUBLIC
ACCESS AND SAFETY MEASURES LIKE
A SIDEWALK STREET TREES,
PARKING, NOTHING CHATTY KIND.
SO TODAY WE HAVE OPPORTUNITY TO
TRANSFORM THIS SITE. NOT ONLY
CAN WE BUILD NEW HOUSING, WE CAN
ALSO BEAUTIFY THE ENTRANCE TO
THE NEIGHBORHOODS, WE CAN CREATE
NEW PUBLIC ACCESS TO THE BAY
FRONT, AND ADD MUCH NEEDED
SAFETY FEATURES TO THE GATEWAY
SITE. I WANT TO FILL IN A FEW
GAPS HERE.
JUST OVER TWO AND A HALF ACRES
THIS, IS A SMALL SITE IN THE
GRAND SCHEME OF THINGS WE’RE
EXCITED AT THE OPPORTUNITY TO
TURN IT INTO 56 NEW HOMES
INCLUDING THE EIGHT AFFORDABLE
HOMES THAT KATHARINE MENTIONED.
LET’S SEE. WE TALKED ABOUT THE
DITCH AND LEVY TRAILS. SO, I
WON’T GO THROUGH THAT. I WANT
TO MENTION FEATURES OF THE SITE
DESIGN. WE HAVE BROKEN UP THE
HOMES INTO NINE BUILDINGS ACROSS
THE STATE TO AVOID CREATING TOO
MUCH MASS. WE HAVE PASEOS
RUNNING THROUGH THE SITE TO
ENHANCE VIEWS TO CREATE VIEW
CORRIDORS AND ENHANCE CONNECTION
THROUGH TO THE BAY. WE MAXIMIZE
LANDSCAPING ACROSS THE SITE YOU
CAN SEE THAT HERE AND INCLUDED A
MODEST PRIVATE OUTDOOR AMENITY
SPACE FOR RESIDENTS IN THE LOWER
RIGHT HAND CORNER BUT TRIED TO
MAKE MOST OF THIS AS PUBLIC AS
POSSIBLE. I’LL SHARE
ARCHITECTURE NEXT. HOMES ARE
THREE STORY TALL, ARCHITECTURE
IS CONTEMPORARY WITH MIX OF
MATERIALS PRIVATE OUTDOOR SPACE,
THREE LEVELS, ABOVE GRADE THAT
WAS EXCEPTIONAL BECAUSE WE
WANTED THE PUBLIC SPACE ALONG
THE TRAIL TO FEEL PUBLIC SO WE
ELEVATED THE PRIVATE OUTDOOR
SPACES. HERE IS A VIEW OF THE
TRAIL WITH THE DITCH IN THE
FOREGROUND AND THE BAY AND
WILDLIFE REFUGE IN THE
BACKGROUND WE’RE PROUD TO OFFER
A FULL 14 FOOT WIDTH BAY TRAIL
SECTION HERE THAT CONSISTS OF
TEN FOOT CENTER WALKWAY WITH TWO
FOOT SHOULDERS ON EITHER SIDE
FOR MULTI-MODAL USE, WE HAVE
CAN’T LEVERED OVERLOOKS WE CALL
NODES WITH INFORMATIONAL SIGNAGE
AND PERFORMINGS TO ENHANCE THE
PUBLIC ENJOYMENT AND USE OF THE
TRAIL. WE HAVE PASEOS RUNNING
THROUGH AND EMPHASIS AND
CONNECTION THROUGH THE BAY,
PRIVATE OUTDOOR SPACES
DELINEATED WITH LANDSCAPING AND
NOT FENCES TRYING TO CREATE AN
OPEN EXPERIENCE. SO IN ADDITION
TO HELPING ADDRESS THE HOUSING
SHORTAGE THIS PROJECT OFFERS A
NUMBER OF DIFFERENT COMMUNITY
BENEFITS INCLUDING THE
AFFORDABLE HOUSING THAT WE
TALKED BUT I WANT TO POINT OUT
THAT’S 15% OF THE OVERALL HOMES
AT THE MODERATE INCOME LEVEL
THAT WAS AN INCREASE FROM OUR
RIM REQUIREMENT OF 10%. THE NEW
PUBLIC ACCESS AND OPEN SPACE
EASEMENTS TOGETHER ARE OVER
20,000 SQUARE FEET MORE THAN 18%
OF OUR SITE AREA NOT INCLUDING
OFFSITE IMPROVEMENTS I’LL TALK
ABOUT NEXT. WE’RE EXCITED TO
OFFER SIGNIFICANT BIKE
PEDESTRIAN IMPROVEMENTS
ADAPTATION FOR SEA LEVEL RISE
AND MORE THAT I’LL OUTLINE IN
ACKNOWLEDGE SLIDES AND NEW
DEVELOPMENT WILL BRING
SIGNIFICANT DEVELOPMENT AND
INFRASTRUCTURE FEES AND OF
COURSE ENHANCED PROPERTY TAX
REVENUE TO THE CITY TO FURTHER
SUPPORT IMPROVEMENTS IN THE
AREA.
I WANTED TO EMPHASIZE THESE ARE
FOR SALE HOMES WHICH IS GOING TO
HELP THE CITY MEET ITS GOAL OF
INCREASING OWNERSHIP HOUSE STOCK
AS SOME OF YOU MAY KNOW THERE
HAS BEEN DEVELOPMENT IN REDWOOD
CITY LION SHARE OF WHICH IS
APARTMENT HOMES THIS IS A BADLY
NEEDED UNDERSERVED SEGMENT OF
THE MARKET THOSE AFFORDABLE
UNITS WILL ALSO BE OFFERED FOR
SALE WHICH IS FAIRLY RARE. AT
THE MODERATE INCOME LEVEL
PERFECT FOR FIRST SPONSORED AND
ESSENTIAL MEMBERS OF THE
COMMUNITY AT MARKET RATE HOMES
SIZE AT THIS PRICE POINT TOWN
HOMES ARE PERFECT FOR FIRST TIME
HOME BUYERS WHICH ARE, SORT OF,
MOST UNDER SERVED SEGMENT OF THE
MARKET. I WANT TO FOCUS ON THE
TRAIL AND HOW WE DESIGNED IT.
WITH THE GOAL OF MAXIMIZING
PUBLIC ACCESS WHILE MINIMIZING
ANY POTENTIAL IMPACTS TO THE BAY
OLDER IN OUR DESIGN PROCESS WE
ENGAGED BROADLY TO COMPLETE A
BIOLOGICAL STUDY TO LOOK AT THE
DITCH AND TIDAL VEGETATION IN IT
AND COMPLETED A JURISDICTIONAL
DETERMINATION WITH THE ARMY CORP
BASED ON THAT JURISDICTIONAL
DETERMINATION WE RECONFIGURED
OUR SITE PLAN, UNDERSTANDING
WHERE THE DITCH AND BAY IS AND
DESIGN EVERYTHING AROUND THAT
RATHER THAN PUSHING INTO IT.
WORKING WITH BCDC STAFF WE ADDED
A CAN’T LEVER ALONG THE TRAIL TO
ACHIEVE THE FULL 14 FOOT WIDTH
BAY TRAIL SECTION WHILE AVOIDING
PHYSICAL IMPACTS INTO THE
DITCH.
WE’RE AWARE OF THE RISK SEA
LEVEL RISE POSES TO THE
COMMUNITY AND WE’RE COMMITTED TO
DOING OUR PART TO PREPARE THE
COMMUNITY FOR FUTURE CONDITIONS
OUR PROJECT INCLUDES A NEW SEA
WALL ALONG THE DITCH TO HELP US
BUILD UP THE SITE ENABLING US TO
ADD NEW PUBLIC ACCESS WHILE
MAINTAINING FEASIBLE UNIT COUNT
THE SEA WALL WAS PIVOT ALL TO
OUR SITE PLAN AND ENABLING US TO
RAISE THE SITE UP BETWEEN 5 AND
7 FEET ACROSS THE SITE PROVIDING
PROTECTION OF 2100 MEDIAN HIGH
WATER ALIGN AND ADAPTABLE TO 100
YEAR FLOOD ELEVATIONS IF NEEDED
IN THE FUTURE. I WANT TO
CLARIFY CONTEXT, BEYOND THE
DRAINAGE DITCH WE TALKED ABOUT,
THE LEVEE AND SLEW AT BUYER BARE
ISLANDS REFUGE THERE IS AN
EXISTING BAY TRAIL SEGMENT IN
GREEN HERE IN BLUE I WANT TO
POINT OUT THE OTHER PUBLIC
ACCESS WALK WAYS LIKE THE PG
LEVEE TRAIL AND WALKWAYS FROM
OTHER NEW DEVELOPMENTS IN THE
AREA AND THEN IN YELLOW YOU CAN
SEE THE NEW TRAIL SEGMENTS FROM
OUR PROJECT SITE AND 557 EAST
BAY SHORE ROAD COMBINED HERE.
SO JUST WANTED TO POINT OUT THAT
THEY’RE ADDITIVE TO AN EXISTING
NETWORK OF PUBLIC ACCESS IN THE
AREA. SPEAKING OF CONTEXT, I
WANTED TO ZOOM IN ON AN EXISTING
FLAW AND A PRETTY SERIOUS ONE
ABOUT THIS NETWORK OF PUBLIC
ACCESS. THIS IS A VIEW OF THE
INTERSECTION AT WHIPPLE ROAD AND
BAYSHORE AT THE FRONT OF OUR
SITE WHERE THE EXISTING BAY
TRAIL HEAD IS LOCATED. AS
THINGS STAND TODAY YOU CAN SEE
THE INTERSECTION IS INCOMPLETE
AND UNSAFE THERE IS NO SIDEWALK,
NO PARKING, NO SAVE PEDESTRIAN
ACCESS AT ALL TO THE BAY TRAIL,
TRAIL HEAD THEN THE CROSSWALK TO
NOWHERE WHICH DEAD ENDS INTO A
CHAIN LINK FENCE TODAY IN
ADDITION TO BUILDING MUCH NEEDED
NEW HOUSING WE HAVE OPPORTUNITY
TO FIX THIS PROBLEM. OUR
PROPOSAL INCLUDES ING WHY BEYOND
OUR PROPERTY LINE WITH
SIGNIFICANT OFFSITE IMPROVEMENTS
TO CREATE A SAFER CONNECTION TO
THE TRAIL SYSTEM INCLUDING A NEW
SIDEWALK WITH RAISED LANDSCAPE
PLANTERS TO PROVIDE ENHANCED
PEDESTRIAN PROTECTION. THIS
JURISDICTION CREATES OPPORTUNITY
FOR A NEW TRAIL HEAD WE’RE
CALLING IT A PLAZA WITH SEATING
ELEMENTS, A DRINKING FOUNTAIN,
SIGNAGE, AND A MICRO-MOBILITY
STATION OR THE CITY’S BIKESHARE
AND/OR SCOOTER SHARE PROGRAM AND
OF COURSE WE GET TO COMPLETE THE
CROSSWALK TO NOWHERE.
ALL RIGHT. AS MANY OF THE
COMMISSIONERS MAY RECALL THE 557
EAST BAY SHORE ROAD SITE WAS
APPROVED WITH PACKAGE OF PUBLIC
ACCESS AMENITIES HOWEVER THEY’RE
COMPLETELY ORPHANED AND
INACCESSIBLE BY THE PUBLIC
WITHOUT TRAVERSING THROUGH THE
SITE FROM BAYSHORE ROAD WE
PROVIDE A DIRECT CONNECTION FROM
THE SITE THROUGH OURS TO THE
TRAIL HEAD CREATING A CONTINUOUS
PATHWAY. WE’RE PROUD OF HOW
SUSTAINABLE THIS PROJECT WILL BE
THESE HOMES WILL BE ALL ELECTRIC
NO NATURAL GAS PLUMBED TO THE
PROPERTY NO TAIL PIPES TO THESE
HOMES THEY WILL HAVE SOLAR PV
PANELS INSTALLED AS WELL AS EV
CHARGING OUTLET’S PART OF ALL
ELECTRIC CONSTRUCTION INCLUDES
HEAT PUMP WATER HEATING WHICH
INCLUDES TECHNOLOGY YOU’RE GOING
TO HEAR A LOT ABOUT IN THE FIGHT
AGAINST CLIMATE CHANGE PURPLE
PLUMBING FOR IRRIGATED RECYCLED
WATER AND SO MUCH MORE. AS ALL
OF US IN THIS INDUSTRY KNOW IT
CAN BE QUITE A JOURNEY TO GET
NEW HOUSING APPROVED I WON’T GO
THROUGH IN DETAIL BUT WANT TO
MENTION WE’RE REALLY EXCITED TO
BE HERE TODAY. WE WERE APPROVED
BY THE CITY ABOUT A YEAR AGO AND
PRIOR TO THAT WE WENT THROUGH
FOUR ROUNDS OF DESIGN REVIEW TWO
WITH THE CITY AND TWO WITH BCDC
WE COMPLETED A FULL
ENVIRONMENTAL IMPACT REPORT AND
CONDUCTED EXTENSIVE COMMUNITY
OUTREACH. AND WE ARE ASKING FOR
YOUR APPROVAL THIS AFTERNOON.
SPEAKING OF COMMUNITY OUTREACH,
PART OF OUR PROCESS OF REGIS
HOMES IS TO MEET WITH AS MANY
STAKEHOLDERS AS POSSIBLE
INCLUDING STAKEHOLDERS BUT FOLKS
IN THE CITY MORE BROADLY AND IN
THE BAY AREA. NOT ONLY DO WE
MEET WITH GROUPS THAT SUPPORT
HOUSING WE TRY TO MEET WITH AS
MANY GROUPS AS WE CAN THAT MAY
SEE THE WORLD DIFFERENTLY THAN
WE DO THIS IS A LIST OF GROUPS
WE HAVE MET WITH THROUGH THE
YEARS IMPORTANTLY MENTION
SUPPORT OF THE BEAR ISLAND
NEIGHBORHOOD, BOOSTER, AND WE
SAT DOWN WITH CITIZENS COMMITTEE
TO COMPLETE THE REFUGE AND
SIERRA CLUB TO HEAR ABOUT THEIR
CONCERNS WE MADE A FEW CHANGES
IN
RESPONSE. AND WITH THAT WE’RE
PROUD TO HAVE THE ENDORSEMENT OF
THESE FINE GROUPS HERE AND THANK
YOU FOR YOUR TIME THIS AFTERNOON
I’LL
>>CHAIR, ZACHARY WASSERMAN:
I’LL OPEN THE PUBLIC HEARING.
DO WE HAVE PUBLIC SPEAKERS?
>>CLERK OF THE BOARD: YES,
CHAIR WASSERMAN.
>>CHAIR, ZACHARY WASSERMAN: HOW
MANY?
>>CLERK OF THE BOARD: CURRENTLY
THREE HANDS RAISED VIRTUALLY,
AND NONE IN-PERSON.
>>CHAIR, ZACHARY WASSERMAN:
LET’S CALL THEM.
>>CLERK OF THE BOARD: LUIS —
PARDON ME FOR YOUR LAST NAME,
MIRANTE, YOU’RE UP FIRST,
FOLLOWED BY GITA
D. LUIS?
>>SPEAKER: CAN YOU HEAR ME.
>>CLERK OF THE BOARD: YES.
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>SPEAKER: HELLO MR. CHAIR,
MEMBERS, MY NAME IS
LUISMIRANTE YOU NAILED MY LAST
NAME LIKE AN OLYMPIC GYM
AND-A-HALF CONGRATULATIONS THANK
YOU I’M HERE TODAY PROUD TO
SUPPORT THIS PROJECT
ON BEHALF OF THE BAY AREA
COUNCIL ALL WITH THE GOAL OF
MAKING THE BAY AREA THE BEST
PLACE IN THE COUNTRY TO LIVE AND
WORK. THE HOUSING CRISIS THE
BAY AREA FACES IS AS YOU KNOW
OBVIOUSLY ONE OF THE MOST
IMMENSE CHALLENGES THAT OUR
EMPLOYERS AND OUR RESIDENTS IN
THIS REGION FACE TODAY SO WE’RE
PROUD TODAY TO BE A PART OF
HELPING SUPPORT THIS PROJECT
WHICH IS A SMALL BUT MIGHT
CONTRIBUTION TO REDUCE YOU THE
INTENSITY OF THAT CRISIS. OUR
PROJECT ENDORSEMENT COMMITTEE
REVIEWED THIS PROJECT AND
UNANIMOUSLY VOTED TO SUPPORT IT
IN PART BECAUSE THE PROJECT
ALIGNS WITH OUR GOALS OF
EXPANDING AFFORDABLE
HOMEOWNERSHIP OPTIONS IN A JOB
MARKET THAT SO CLEARLY NEEDS
THEM AND BECAUSE THE PUBLIC
BENEFITS AND RESILIENCY EFFORTS
THAT THE PROJECT UNDERTOOK GO
ABOVE AND BEYOND IN OUR OPINION
IN TERMS OF CONTRIBUTING VALUE
TO THE PUBLIC. SO, WHEN LOOKING
AT THIS PROJECT, I HOPE THAT YOU
SEE IT’S NOT JUST A HOUSING
PROJECT BUT ALSO ONE THAT
IMPROVES THE REGION’S RESILIENCY
HOWEVER SLIGHTLY, AND IS PART OF
A BIGGER PICTURE THAT WE NEED TO
MEET TO GET TO OUR CLIMATE GOALS
AND TO MAKE SURE THAT OUR REGION
CAN ADAPT TO AND BE RESILIENT TO
CLIMATE CHANGE W THAT I’M HAPPY
TO ANSWER QUESTIONS YOU HAVE
ABOUT OUR SUPPORT LETTER WHICH
WAS TRANSMITTED TO YOU YESTERDAY
AND OTHERWISE URGE YOUR SUPPORT
FOR THIS STERLING PROJECT.
THANK YOU.
>>CLERK OF THE BOARD: THANK
YOU. GITA
DEV. YOU ARE NEXT.
>>SPEAKER: CAN YOU HEAR ME.
>>CLERK OF THE BOARD: YES WE
CAN.
>>SPEAKER: YOU CAN GO TO SLIDE
NUMBER 14 AND THEN WE COULD
START THE CLOCK?
>>CLERK OF THE BOARD:
KATHARINE, CAN YOU SHARE SLIDE
14? THANK YOU. WHICH
PRESENTATION WAS IT? OUR STAFF
PRESENTATION OR THE APPLICANT’S
PRESENTATION?
>>SPEAKER: I BELIEVE IT WAS THE
APPLICANT’S PRESENTATION, THE
LAST ONE.
>>CLERK OF THE BOARD: ONE
MINUTE.
>>SPEAKER: 14 OR 17. EITHER
ONE WILL DO.
>>CLERK OF THE BOARD: IS THIS
THE CORRECT SLIDE?
>>SPEAKER: IT ACTUALLY SHOWED A
SITE PLAN. MAYBE TRY 17.
JUST THE PREVIOUS ONE. JUST GO
BACK TWO. ONE MORE.
YEAH. I THINK THIS WILL BE
FINE. THIS WILL BE FINE. THANK
YOU SO MUCH.
>>CLERK OF THE BOARD: YOUR TIME
IS NOW RUNNING.
>>SPEAKER: THANK YOU. I’M GITA
DEFINITELY, I’M WITH THE SIERRA
CLUB ALIVE CAMPAIGN. I
AM APPRECIATIVE THAT REGIS
HOMES PROJECTS, HOWEVER I WANT
TO MAKE IT CLEAR THAT SIERRA
CLUB DID NOT MEET WITH REGIS
HOMES ON THIS PROJECT THEY DID
REACH OUT AND WE DECLINED ALSO I
WOULD LIKE TO NOTE THAT
CITIZEN’S COMMITTEE TO COMPLETE
THE REFUGE IS ADAMANTLY OPPOSED
TO THIS PROJECT THERE WERE ALSO
COMMUNITY BENEFITS BUT SOME OF
THOSE ARE NOT BENEFITS SOME OF
THOSE ARE REQUIRED FEES. SO,
GIVEN THAT, WHAT I WOULD LIKE TO
POINT OUT IS FOR, I ASSUME THAT
ALL YOU COMMISSIONERS REALIZE
THAT THE FRONT ROW OF TOWN HOMES
THAT ARE SHOWN IN THIS SITE PLAN
ARE ALL WITHIN THE BCDC 100 FOOT
SET BACK BAND. AND WITH GIVEN
SEA LEVEL RISE, YOU CAN SEE THAT
WE REALLY NEED THAT 100 FEET.
YOU CAN SEE THAT THE PROJECT
NEXT TO IT IS RESPECTING THAT
100 FOOT SET BACK WITH ITS
HOMES. I WOULD ALSO POINT OUT
THAT THIS SEGMENT OF WHAT
THEY’RE CALLING THE BAY TRAIL IS
REALLY AN ISOLATED SEGMENT THAT
IS REALLY FOR THE ENJOYMENT
ENJOIMENT OF THE PEOPLE WHO
LIVE IN THESE HOMES BECAUSE
THERE IS NO CONNECTION BACK TO
THE BLUE LINE WHICH IS USED AS A
PUBLIC TRAIL, AND I AM VERY
FAMILIAR WITH IT. I DO ACCEPT
ALL OF THE POINTS ABOUT HOW
DIFFICULT THE CONNECTION IS TO
BEAR ISLAND, AT THE WILL LOW, AT
THE WHIPPLE ROAD. HOWEVER, I
REALLY THINK THIS WOULD BE THE
WRONG TIME TO ENCROACH TO ALLOW
ENCROACHMENTS INTO THIS 100 FOOT
SET BACK BAND. ONE SHORELINE,
AS YOU ALL KNOW, CAME BEFORE US
AND SAID THAT IT IS THEIR POLICY
TO TRY TO MAINTAIN A 100 FOOT
SET BACK IN ORDER TO ALLOW FOR
THE BAY TO STAY ALIVE. TO NOT
HAVE SEA WALLS RIGHT UP AGAINST
THE BAY.
AND YOU CAN TELL IF YOU HAD
ANYTHING TO DO WITH
CONSTRUCTION, THAT DOING
CONSTRUCTION INTO THE BAY, INTO
THAT SLOUGH, INTO THAT DITCH
WHICH HAS ENDANGERED SPECIES
YOU’RE GOING TO HAVE TO CLOSE
OFF THAT DITCH IN ORDER TO BE
ABLE TO DRAIN IN ORDER TO BE
ABLE TO PULL THAT STUFF
UNDERGROUND. I WOULD SAY ONE
THING, AFFORDABLE HOUSING, THIS
IS NOT THE PLACE TO PUT
HOMEOWNER AFFORDABLE HOUSING,
THEY’RE GOING TO GET HIT UP WITH
A LOT OF COSTS WHEN THE SEA
LEVELS IN 2050. THE STORM
DRAINS ARE GOING TO HAVE TO BE
REDONE THIS IS NOT THE PLACE TO
LOCATE HOUSING AND PARTICULARLY
AFFORDABLE HOUSING.
>>CLERK OF THE BOARD: THANK YOU
FOR YOUR PUBLIC COMMENT YOUR
TIME HAS NOW FINISHED.
>>SPEAKER: THANK YOU.
>>CLERK OF THE BOARD: MOVING ON
TO KEVIN CHAN. YOU MAY NOW
UNMUTE.
>>SPEAKER: GOOD AFTERNOON
MEMBERS OF THE SAN FRANCISCO BAY
CONSERVATION AND DEVELOPMENT
COMMISSION MY NAME IS KEN CHAN
AND I AM THE SENIOR ORGANIZER
WITHIN THE HOUSING LEADERSHIP
COUNCIL SAN MATEO COUNTY WE WORK
WITH COMMITTEES AND THEIR
LEADERS TO PRODUCE AND RESERVE
QUALITY AFFORDABLE HOMES
APPRECIATION TO STAFF FOR THE
HARD WORK ON TODAY’S
PRESENTATION, ON BEHALF OF HCL
OUR LETTER I WOULD LIKE TO
EXPRESS OUR SUPPORT FOR 505
BAYSHORE TOWNHOME PROJECT REGIS
HOMES BAY AREA AS YOU MAY
ALREADY KNOW CREATING OWNERSHIP
OF AFFORDABLE HOMES IN OUR STATE
IS DIFFICULT BECAUSE OF LACK OF
AVAILABLE FUNDING. THIS IS WHY
WE SUPPORT THE EIGHT AFFORDABLE,
TWO BEDROOM AND 4 TO 8 MARKET
RATE HOMES THAT THE CITY
DISPARATELY NEED, FAMILIES WILL
GET STABILITY THEY NEED TO
THRIVE IN THEIR COMMUNITIES
WHERE THEY WILL NO LONGER WORRY
ABOUT QUALITY OF AFFORDABLE
HOMES AND ALSO BE ABLE TO LIVE
NEAR THEIR PLACES OF WORK
REDUCES STRESS ON THE BAY AREA
INFRASTRUCTURE AND DECREASE BOTH
THEIRS AND YOUR TIME ON THE ROAD
LEAVING TIME FOR HEALTH FAMILY
AND COMMUNITY. THANK YOU FOR
YOUR CONTINUED LEADERSHIP AND WE
URGE YOU TO APPROVE THE 505
EAST BAY SHORE TOWNHOME
PROPOSAL.
THANK YOU SO MUCH.
>>CLERK OF THE BOARD: THANK
YOU. CHAIR WASSERMAN THERE IS
NO MORE PUBLIC COMMENT.
>>SPEAKER: I WOULD ENTERTAIN A
MOTION TO CLOSE THE PUBLIC
HEARING.
>>PAT ECKLUND: I’LL MOVE TO
CLOSE THE PUBLIC HEARING.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER ECKLUND MOVES. AND
COMMISSIONER NELSON SECONDS.
THERE IS NO OBJECTION. THE
PUBLIC HEARING IS CLOSED.
COMMISSIONER QUESTIONS AND
COMMENTS?
>>PAT ECKLUND: — UH —
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER KISHIMOTO?
>>YORIKO KISHIMOTO: YES, THANK
YOU. LET’S SEE. I WAS GOING TO
ASK IF EITHER STAFF OR THE
APPLICANT WOULD LIKE TO COMMENT
ON THAT — THE COMMENT ABOUT THE
100 FOOT SET BACK AND — JUST
GIVE US A LITTLE BIT MORE
CONTEXT ABOUT THAT?
>>SPEAKER: HAPPY TO. I HOPE
CAN YOU HEAR ME. KATHARINE, I
ACTUALLY THOUGHT THAT SLIDE 14
WAS REALLY HELPFUL FOR THIS
SUBJECT. I’M HAPPY TO COMMENT
ON THAT. THE SHORT ANSWER IS
THIS IS A SMALL SITE PUTTING A
100 FOOT SET BACK WOULD MAKE
THIS UNDEVELOPABLE THAT’S WHY
WE’RE TRYING TO MAXIMIZE AMOUNT
OF PUBLIC ACCESS THAT WE CAN
OFFER TO THE SITE UNDERSTANDING
WE CAN’T GET TO THE FULL 100
FEET ALSO MENTION TO LOOK AT THE
OTHER DEVELOPMENTS IN THE AREA
IF WE CAN GET THE SLIDE UP HERE
IF YOU LOOK AT THE VILLAS, BLUE
HARBOR, MARIN A NONE HAVE 100
FOOT SET BACK SOME HAVE A
SIMILAR SEA WALL WITH SMALLER
SIDEWALK. OUR TRAIL SECTION IS
14 FEET PLUS LANDSCAPING SETI
WENT OUT TO BLUE HARBOR VILLE AS
AND MEASURED EIGHT FOOT AND TEN
FOOT SIDEWALKS SO THIS IS A HUGE
INCREASE COMPARED TO THE LARGER
SITES. I HOPE THAT’S HELPFUL.
THE 557 EAST BAY SHORE SITE NEXT
TO US IS LARGER IT HAS 480
UNITS APARTMENT COMPLEX A
DEVELOPMENT THAT’S LARGE THEY’RE
CAN SUPPORT MORE PUBLIC BENEFITS
LIKE THIS.
GREAT. THANK YOU. IF YOU LOOK
TO THE TOP RIGHT HERE YOU CAN
SEE THE DEVELOPMENTS I’M TALKING
ABOUT AND IF YOU SQUINT, ONE
PARTICULAR MARINA VERY LIMITED
SET BACK OURS IS MUCH LARGER AND
WE’RE PROUD OF THAT.
>>SPEAKER: AND I ALSO WANT TO
JUST CLARIFY, SO, BCDC’S
JURISDICTION IS THE 100 FOOT
SHORELINE BAND THAT JUST MEANS
THAT WE HAVE PERMITTING
AUTHORITY WITHIN THAT AREA.
IT’S NOT A SET BACK. IT
DOESN’T, SORT OF, PRECLUDE THIS
TYPE OF DEVELOPMENT IN IT. SO,
I WANT TO CLARIFY THE DIFFERENCE
BETWEEN OUR PERMITTING
JURISDICTION AND THE CONCEPT OF
A SET BACK. I DON’T KNOW IF YOU
HAVE ANYTHING ELSE TO ADD.
>>SPEAKER: YES, WELL, THAT’S
HELPFUL. BUT, SO, ARE THE ONE
SHORELINE AND THE OTHER POLICIES
WE HAVE. SO THEY RECOMMEND .
>>YORIKO KISHIMOTO: UP TO, YOU
KNOW, THE 100 FOOT SET BACK OR
MAXIMUM SET BACK, BUT THEY LEAVE
IT UP TO BCDC DISCRETION, IS
THAT RIGHT?
>>CHAIR, ZACHARY WASSERMAN: I
— CAN WE GET CLARIFICATION
EITHER FROM KATHARINE OR FROM
LEGAL ON WHAT OUR JURISDICTIONAL
AUTHORITY IS WITHIN THE 100
SHORELINE BAND?
>>YORIKO KISHIMOTO: AND POLICY
RECOMMENDATIONS, YEAH.
>>SPEAKER: SO, WE DON’T HAVE
ANY POLICY RECOMMENDATIONS ABOUT
NOT BUILDING WITHIN THE 100 FOOT
BAND. OUR AUTHORITY, BASICALLY,
UNDER — SORRY. IT’S HARD UNDER
— UNDER 66632.4
IS BASICALLY PUBLIC ACCESS. IT
SAYS BASICALLY THE COMMISSION
MAY DENY AN APPLICATION FOR A
PERMIT OR FOR A PROPOSED PROJECT
ONLY ON THE GROUNDS THAT THE
PROJECT FAILS TO PROVIDE MAXIMUM
FEASIBLE PUBLIC ACCESS WITHIN
THAT SHORELINE BAND. IN FACT,
OUR REGULATIONS ENVISION THAT WE
WILL BUILD WITHIN THAT SHORELINE
BAND. THAT’S PRETTY CLEAR.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. GO AHEAD,
COMMISSIONER KISHIMOTO. .
>>YORIKO KISHIMOTO: OKAY. LET
ME THINK ABOUT THAT. AND I
GUESS THE ONLY OTHER QUESTION I
HAVE IS LIGHTING, I GUESS THERE
IS NO LIGHTING, PLAN FOR THAT
WALKWAY OR ADDING LIGHTING TO
THAT AREA?
>>SPEAKER: OF COURSE, YEAH,
THERE IS LOW BALLARD LIGHTING,
ALL ALONG, WE HAVE CONDITIONS
APPROVAL FROM THE CITY RELATED
TO DARK SKY ORDINANCE BUT THE
PATHWAY WILL BE LIT. I THINK
THAT’S YOUR QUESTION.
>>YORIKO KISHIMOTO: YEAH.
OKAY. WELL, I’M SURPRISED, I
WOULD THINK THAT WE WOULD WANT
TO MINIMIZE LIGHTING, BECAUSE OF
WILDLIFE ISSUES. BUT THAT’S NOT
WITHIN OUR SET OF
RECOMMENDATIONS OR GUIDELINES
EITHER?
>>SPEAKER: SO WE DIDN’T INCLUDE
WITHIN THE STAFF RECOMMENDATION
ANY CONDITIONS RELATED TO
LIGHTING. I MIGHT.
>>KATHARINE PAN: I DON’T KNOW
IF OUR BAY DEVELOPMENT ANALYST
HAVE ANY COMMENTS ON THIS BUT
WITH LIGHTING, I KNOW ESPECIALLY
WITH PUBLIC ACCESS AS IT GETS
LATER INTO THE EVENING THAT
THERE IS ALSO A SAFETY CONCERN
RELATED TO LIGHTING, SO I DON’T
KNOW IF WITHIN THE EIR, THAT
THERE WAS ANY SPECIFICATION TO
LIKE THE INTENSITY OF THE
LIGHTING THAT WAS ALLOWED. BUT
I’LL LET THE APPLICANT SPEAK TO
THAT.
>>SPEAKER: NOT THAT I RECALL
AND I’LL ADD I THINK LIGHTING
FOR WALKWAYS MIGHT BE A BUILDING
CODE ISSUE I’M NOT SURE, SO I’M
NOT SURE YOU CAN’T LIGHT A
PATHWAY IN THIS SITUATION BUT WE
ALSO HAVE LOW LIGHTING TO TRY TO
MITIGATE T I HOPE THAT’S
HELPFUL.
>>YORIKO KISHIMOTO: WELL, LOW
LIGHTING IS BETTER THAN TOO MUCH
LIGHTING. BUT, YES, I — I
MEAN, I WOULDN’T — I WOULD HOPE
THAT BCDC LOOKS AT THAT LIGHTING
ISSUE. BECAUSE I WOULD IMAGINE
THAT IT WOULD HAVE SOME IMPACT
ON THE HABITAT AND WILDLIFE.
SO, THAT’S — I GUESS THAT’S THE
COMMENT I’LL MAKE AT THIS
POINT.
THANK YOU VERY MUCH. AND I DO
APPRECIATE ALL THE OTHER
SUSTAINABILITY FEATURES AND
SUCH, BUT THERE’S — BUT IT IS
AT A SENSITIVE LOCATION. SO, I
APPRECIATE THAT. THANK YOU.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER ZAPEDA.
>>CESAR ZEPEDA: THANK YOU
CHAIR. WOULD STAFF BE ABLE TO
PUT UP THE SLIDE AGAIN? ONE OF
THOSE INFAMOUS SLIDES THAT HAS
BEEN PRESENTED. PAGE 14 OR 12 I
DON’T REMEMBER WHICH ONE IT IS
THE ONE THIS’S LOOKING AT THE
NEXT DOOR PROPERTY, THAT’S
ALREADY BEEN APPROVED. I HAVE A
QUESTION ON THIS ONE. THANK
YOU. JUST, HISTORY, AND FOR ME
TO LEARN MORE ABOUT THE — TO BE
CONSISTENT IN OUR RESPONSES WITH
ANY PROPERTY. SO, THE PROPERTY
RIGHT NEXT DOOR, I SEE THE 100
FOOT LINE, AND I’M IMAGINING
THE LINE THERE BASED ON ONE OF
THE OTHER SLIDES THAT DREW THE
LINE IN THERE ON THE YELLOW
SQUARE.
SO THE PROPERTY NEXT DOOR THAT
WAS ALREADY APPROVED BY BCDC I’M
ASSUMING, IN PRIOR MONTHS OR
YEARS, I’M NOT SURE WHEN IT WAS
PROVED, BUT IF STAFF IS ABLE TO
TELL US — HOW THEY THE
DECISION FOR HAVING THAT GREEN
AREA BE GREATER THAN WHAT WE’RE
REQUESTING THIS PROJECT? AND IF
THERE IS A RHYME OR REASON WHY
ONE WOULD HAVE IT BUT THE OTHER
WOULD NOT OTHER THAN THE SPACE
IS SMALLER AND EVERYTHING IS
NEEDED TO BUILD MORE HOUSING?
>>SPEAKER: SO, FOR THE 557 EAST
BAY SHORE PROJECT THAT WAS
APPROVED BY THE COMMISSION ABOUT
THIS TIME LAST YEAR, IT REALLY
DOES, SORT OF, COME DOWN
PROBABLY TO SIZE. YOU KNOW, THE
QUESTION FOR US — OR THE
QUESTION BEFORE THE COMMISSION
IS THIS MAXIMUM FEASIBLE PUBLIC
ACCESS CONSISTENT WITH THE
PROJECT AND SO FOR THAT PROJECT
IT’S, AS YOU CAN SEE IT’S
SIGNIFICANTLY LARGER. WE PUSHED
— OR WE WORKED WITH THEM TO
ENSURE THAT AS MUCH OF THAT
SHORELINE BAND BE DEDICATED
PUBLIC ACCESS AS POSSIBLE. IT
WAS SOMETHING THEY WERE ABLE TO
ACCOMMODATE BASED ON THEIR
PROJECT. FOR THIS ONE — AND
YOU CAN SEE PRETTY MUCH, LIKE,
WHERE THAT GREEN SPACE ENDS.
PART OF THEIR APARTMENT BUILDING
DOES CROSS OVER INTO THE SHORE
LINER BAND, BUT THAT PRETTY MUCH
CORRESPONDS TO THE SHORELINE
BAND. SO IF YOU CONTINUE ACROSS
ON TO THIS SITE YOU CAN SEE THAT
PRETTY MUCH CUTS THIS SITE IN
AND A HALF. AND SO, I THINK, IN
TERMS OF FEASIBILITY, THAT’S
MORE FOR THE PROJECT PROPONENT
TO SPEAK TO THE DETAILS OF
THAT.
BUT YOU KNOW, THE QUESTION IS,
LIKE, FOR A PROJECT TO MOVE
FORWARD, WHAT IS THE MAXIMUM
FEASIBLE PUBLIC ACCESS THAT
THEY’RE ABLE TO PROVIDE, AND IN
THIS CASE, YOU KNOW, WE DID DO A
COMPARISON WITH SOME OTHER
PROJECTS WITHIN THE STAFF
RECOMMENDATION AND IT — IT’S IN
THE BALLPARK OF PERCENTAGES OF
THE SITE, BUT OF COURSE THAT IS
THE QUESTION BEFORE THE
COMMISSION.
>>CESAR ZEPEDA: DO WE HAVE A
MINIMUM AMOUNT? I KNOW WE HAVE
100 FEET BCDC JURISDICTION BUT
DO WE HAVE A MINIMUM AMOUNT THAT
HAS TO BE GIVEN TO PUBLIC
ACCESS? BECAUSE HERE, THE 100
LINE, THERE IS ANOTHER ONE, I
THINK IT WAS THE SECOND TO LAST
LINE THAT HAS THE BCDC
JURISDICTION LINE WHICH IS RIGHT
WHERE — I BELIEVE IS RIGHT
WHERE THE HOMES, I THINK THIS IS
THE PURPLE LINE IS THE BCDC
DINE? SO, IT’S PRETTY — LIKE
YOU WERE SAYING IT’S PRETTY MUCH
HALF OF THE PROPERTY. SO, FOR
CONSISTENCY PURPOSES, AND I’M
SURE THIS WON’T BE THE ONLY
PROPERTY THAT WE’RE GOING TO BE
REVIEWING IN THE NEXT COUPLE OF
YEARS, BECAUSE WE NEED MORE
HOUSING, WHAT IS THE MINIMUM
REQUIREMENT WITHIN THE 100
FEET?
AND IS IT BASED ON WHAT THEY’RE
TELLING US THAT THEY CAN GIVE
US? OR BASED ON A NUMBER THAT
WE HAVE THAT SAYS, IN OUR 100
FEET, WE MUST HAVE A MINIMUM OF
X?
>>SPEAKER: WE DO NOT HAVE A
MINIMUM AMOUNT, WHETHER THAT’S
IN TOTAL ACREAGE OR SQUARE
FOOTAGE OR PERCENTAGE OF A SITE
THAT’S REQUIRED BY A LAW OR
POLICY TO BE DEDICATED OR
IMPROVED AS PUBLIC ACCESS. IN
THE STAFF REPORT, YOU KNOW, THIS
IS ONE OF THE REASONS WHY WE
TAKE SUCH GREAT PAINS WITH THAT
SECTION OF FINDINGS, TO GO
THROUGH WITH COMPARISONS WITH
PAST COMMISSION DECISIONS AND
THEN LOOKING AT OF COURSE THE
WAY THAT THAT PUBLIC ACCESS AREA
IS ACTUALLY PRESENTED AND
IMPROVED, LIKE HOW USEABLE IS T
WHAT ACTUAL BENEFITS IS IT
PROVIDING WHAT’S CONNECTSTIVITY,
HOW ACCESSIBLE IS IT, ALL OF
THOSE ASPECTS ARE, SORT OF,
DETAILED IN OUR POLICY. YOU
KNOW, WE DO WANT PUBLIC ACCESS
TO BE USABLE WE WANT IT TO BE
ACCESSIBLE, WE WANT IT TO SERVE,
LIKE, YOU KNOW, A WIDE RANGE OF
POPULATIONS, ET CETERA. SO
THOSE ARE THE SORTS OF THINGS
THAT WE LOOK AT OR THAT WE
LOOKED AT IN THE STAFF
RECOMMENDATION. BUT AS FOR THE
ACTUAL AMOUNT, THAT’S ONE OF THE
THINGS THAT THE POLICIES AND
LAWS DON’T PROVIDE. THAT’S —
THAT IS, LIKE, THE DISCRETIONARY
PART OF THIS APPROVAL.
>>CESAR ZEPEDA: THANK YOU. AND
DO WE HAPPEN TO KNOW, OUT OF ALL
THE OTHER PROJECTS THAT WE HAVE
APPROVED IN THE PAST, WHICH ONE
IS THE ONE THAT HAS THE LEAST
AMOUNT OF PUBLIC ACCESS? THIS
ONE HAS A 14 FOOT TRAIL. DO WE
KNOW IF WE HAVE ANY WITH LESS?
JUST TRYING TO FIGURE OUT
BECAUSE WITH EVERY VOTE WE SET
NEW PRECEDENCE AND I WANT TO
KNOW HOW WE’RE SETTING IT.
>>SPEAKER: SO, WITHOUT TAKING
THE SLIDE DOWN AND, SORT OF,
OPENING UP THE STAFF RACK, I
COULDN’T TELL YOU SPECIFICALLY,
BUT I — WHAT CHRIS WAS SAYING
ABOUT THE BLUE HARBOR
DEVELOPMENT, FOR EXAMPLE, YOU
KNOW, THAT TRAIL IS SMALLER.
INITIALLY, I THINK THIS PROJECT
CAME IN WITH A SIMILARLY, SORT
OF, NARROW TRAIL AREA THAT ENDED
UP BECOMING EXPANDED AS WE
TALKED THROUGH THE PROCESS WITH
THEM. OR AS THEY MADE THEIR WAY
THROUGH THE PROCESS. SO, THERE
ARE, CERTAINLY, PROJECTS WITHIN
THE COMMISSION’S JURISDICTION
WITH LESS PUBLIC ACCESS
[LAUGHTER]
BUT I WOULDN’T BE ABLE TO
IMMEDIATELY POINT THOSE OUT TO
YOU, AND I WOULDN’T NECESSARILY
— YOU KNOW, EVERY PROJECT
SHOULD BE KIND OF CONSIDERED ON
ITS OWN MERIT, AND SO THAT’S,
SORT OF, THE OTHER REASON WHY
THE COMPARISON IS DIFFICULT.
BECAUSE YOU DO JUST — JUST
BECAUSE ANOTHER PROJECT HAS LESS
DOESN’T NECESSARILY MEAN THAT
THIS IS BETTER. IT IS LIKE, A
PROJECT BY PROJECT BASIS. KIND
OF ENCOURAGE TO YOU LOOK AT IT
THAT WAY.
>>JEFF SMITH: CAN I ADD ANOTHER
PIECE OF INFORMATION THIS IS
JEFF SMITH THE APPLICANT WITH
REGIS.
>>CHAIR, ZACHARY WASSERMAN: GO
AHEAD.
>>SPEAKER: TWO PIECES OF
INFORMATION IF YOU COULD GO BACK
TO THE SLIDE THAT KIND OF SHOWS
THE GENERAL AREA. AND I KNOW
THIS BECAUSE WE WORKED VERY
CLOSELY WITH 557 ON THEIR
DESIGN. IN FACT WE HAVE THE
SAME CIVIL ENGINEER THE SAME
LANDSCAPE ENGINEER, WE HAVE THE
SAME ENVIRONMENTAL CONSULTANTS
AND WE KNOW THE ARCHITECT. THE
557 PROPERTY, IF YOU REMEMBER
BACK, IT WAS THE OLD THEATRE,
AND WHEN THEY BUILT THAT
THEATRE, THEY ACTUALLY GAVE BCDC
AN EAST EASEMENT, A 50
FOOD EASEMENT BACK IN THE DAY
IT’S OVER 50 YEARS OLD THAT WAS
THE PRIMARY REASON THEY DECIDED
TO ORIENTED SITE AS THEY DID
THAT’S WHY THIS SITE LOOKS
DIFFERENT IN ADDITION TO THE
FACT THAT IT’S SEVEN TIMES
BIGGER. I WANT TO ALSO POINT
OUT THE BLUE HARBOR PROJECT
WHICH WAS IN THE UPPER RIGHT
HAND CORNER WHICH DOES HAVE A
BCDC PERMIT WITH A SMALL WALK.
WE DID PUSH OUR BUILDINGS BACK
TO MAINTAIN THE DESIRED WALKWAY
AND SET BACK THAT BCDC STAFF
ASKED US TO THAT GIVES CONTEXT
OF THE THREE PROJECTS IN THE
AREA.
>>CESAR ZEPEDA: THANK YOU. MY
LAST YE IS DO WE REQUIRE SOME
KIND OF SIGNAGE THAT SAYS THIS
IS PUBLIC ACCESS?
>>SPEAKER: WE DO. SO, THAT IS
PART OF THE, YOU KNOW, MAKING IT
USEABLE, MAKING IT WELCOMING, SO
THERE IS WITHIN THE STAFF
RECOMMENDATION AT LEAST SOME
REQUIREMENTS AROUND WAYFINDING
AND SIGNAGE. AND THERE IS
KIND OF A STANDARD PUBLIC SHORE
ACCESS SIGN THAT YOU SEE AROUND
THE BAY AREA. AND THAT’S, SORT
OF, LIKE I CAN’T BRANDING THAT
WE REQUIRE.
>>CESAR ZEPEDA: THANK YOU SO
MUCH. NO MORE QUESTIONS. THANK
YOU.
>>CHAIR, ZACHARY WASSERMAN: CAN
I HAVE THE FULL SCREEN BACK,
PLEASE? THANK YOU.
I DON’T SEE ANY OTHER
QUESTIONS.
COMMISSIONER ADDIEGO?
>>MARK ADDIEGO: THANK YOU CHAIR
WASSERMAN. SO, I UNDERSTAND
WHERE THE 100 FEET PUTS IT
WITHIN THE PROJECT, BUT ARE WE
STARTING AT THE SLOUGH, OR ARE
WE STARTING AT THE DITCH? WHEN
WE MEASURE OUT THE 100 FEET?
248 STARTS AT THE DITCH. SO,
THAT TIDAL DITCH, IT’S
TIDALLY INFLUENCED SO THIS IS
SOMETHING WE DISCUSSED WITH THE
557 APPLICANT BUT THE BAY TIDAL
INFLUENCED THE WATER BODY AND
ALSO BECAUSE THERE IS MARSH
VEGETATION WITHIN THE DITCH
THAT, SORT OF, CHANGES LIKE HOW
WE WOULD NORMALLY SAY THE BAY
SHORELINE IS MEAN HIGH WATER BUT
IN THE AREAS OF TIDAL MARSH IT
MAKES IT EDGE EVER TIDAL MARSH
UP TO FIVE FEET ABOVE MEANS SEA
LEVEL SO THAT’S THE LINE THAT
THEY’RE GOING FROM AS BAY
SHORELINE THAT’S MARSH
VEGETATION FIVE FEET ABOVE SEA
LEVEL MARK.
>>MARK ADDIEGO: IT’S
INTERESTING IT’S CALLED A DITCH
I ASSUME AT ONE POINT IT WAS
CALLED A DRAINAGE DITCH WHEN IT
WAS ALL COMMERCIAL PROPERTIES
THEN IT BECAME PART OF THE MARSH
OVER TIME BECAUSE SOMEONE DIDN’T
MAINTAIN THE DITCH AND THE FLOW
OF WATER OFFSITE.
>>SPEAKER: YEAH. MY
UNDERSTANDING IS THAT THERE WAS
ONCE WAS A TIDAL GATE IN THAT
AREA BUT AT SOME POINT IN THE
PAST IT MALFUNCTIONED AND
ACCORDING TO OUR REGULATIONS, IT
TURNED THAT AREA BACK INTO BAY.
>>MARK ADDIEGO: OKAY. THANK
YOU.
>>CHAIR, ZACHARY WASSERMAN:
JEFF, DID YOU WANT TO SAY
SOMETHING?
>>SPEAKER: JEFF SMITH: JUST
FOR CONTEXT I FEEL LIKE I HAVE
BEEN WORKING ON THIS FOR SO LONG
AND JUST A BIT OF HISTORY THAT’S
EXACTLY THE CASE COMMISSIONER
ADDIEGO THERE IS ONE SMALL PIPE
12 INCH PIPE THAT CONNECTS THE
DITCH TO THE SLOUGH IT WASN’T A
DRAINAGE DITCH AND ALLOWED WATER
TO GO OUT IT DID NOT ALLOW WATER
TO GET BACK IN AND UNFORTUNATELY
AT SOME POINT SOMEONE FAILED TO
MAINTAIN THAT AND MADE
CONNECTION BUT IF YOU HAVE TO GO
BACK OUT TO THE SLOUGH IT WOULD
MOVE THE LINE NORTH 60 TO 70
FEET THAT WAS INITIAL DISCUSSION
WE SAID RATHER THAN FIGHT OVER
THE LINE LET’S WORK TOGETHER
THAT WAS SIX YEARS AGO, WORKING
WITH THE CITY AND BCDC STAFF AND
THEN THE COMMISSION SO
APPRECIATE THAT.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER KISHIMOTO?
>>YORIKO KISHIMOTO: I HAVE ONE
FOLLOW-UP QUESTION, SINCE THE
ARGUMENT IS IT’S SUCH A
RELATIVELY NARROW PARCEL OR
SMALL PARCEL, SO JUST GOING BACK
TO — I DON’T KNOW WHAT THE
HISTORY OF THE PARCEL WAS OR
WHEN IT WAS SOLD, BUT I MEAN,
WHEN IF IT WAS SUBDIVIDED, OR
WHEN IT WAS SOLD, I MEAN, IT WAS
SOLD WITH THAT 100 FOOT
JURISDICTION LINE IN MIND. IS
THAT CORRECT? OR IS THAT
SOMETHING THAT BCDC HAS, OR THE
CITY WOULD HAVE ANY — GIVES ANY
CONSIDERATION TO?
>>SPEAKER: WOULD YOU MIND
REPHRASING THAT QUESTION.
>>YORIKO KISHIMOTO: JUST KIND
OF LOOKING AT THE VIABILITY OF
THAT PARCEL AS COMMERCIAL PARCEL
FOR EITHER HOUSING OR COMMERCIAL
USE AND IF YOU ACKNOWLEDGE THERE
IS THAT IMPORTANT 100 FOOT
JURISDICTIONAL AREA, WOULD THEY
HAVE SUBDIVIDED IT WITH — OR
SOLD IT WITH THAT FULL
UNDERSTANDING?
I MEAN, IF THE ARGUMENT IS THAT
IT IS THAT THE PEARLS IS TOO
NARROW TO GIVE THE FULL
CONSIDERATION FOR PUBLIC
ACCESS?
>>SPEAKER: SO, THAT HISTORY IS
NOT SOMETHING THAT I’M AWARE
OF.
I WILL SAY OUR JURISDICTION HAS
HAD THE SAME DESCRIPTION SINCE
THE MCATEER-PETRIS ACT WAS
PASSED, AND, SO, ANYONE DOING
DUE DILIGENCE ON PROPERTY ALONG
THE BAY FRONT SHOULD BECOME
AWARE THAT THEIR PROPERTY IS
SUBJECT TO BCDC PERMITTING
AUTHORITY. WHAT I WILL SAY,
THOUGH, JUST TO GIVE WHOEVER
ORIGINALLY SUBDIVIDE THAT AREA,
THE BENEFIT OF THE DOUBT, YOU
KNOW, AS JEFF WAS SAYING AT SOME
POINT, THAT AREA ACTUALLY WENT
SUBJECT TO BCDC JURISDICTION THE
SAME WAY BECAUSE THAT DITCH
DIDN’T — WASN’T ALWAYS PART OF
OUR BAY JURISDICTION.
>>SPEAKER: COMMISSIONERS, I
THINK I WANT TO BE REALLY
CLEAR.
OUR JURISDICTION HERE IS MAXIMAL
— MAXIMUM PUBLIC — MAXIMUM
FEASIBLE PUBLIC ACCESS IN OUR
SHORELINE BAND. THAT’S WHAT
WE’RE —
>>SPEAKER: CONSISTENT WITH THE
PROJECT.
>>SPEAKER: YES CONSISTENT WITH
THE PROJECT. STAFF DOES A
PROCESS, THEY GO LOOK AT THE
PROJECT AND THEY DETERMINE WHAT
IS MAXIMUM FEASIBLE PUBLIC
ACCESS. THAT’S WHAT WE’RE
CALLED UPON TO DO HERE. THERE
IS NO 100 FOOT SET BACK. THAT
IS A MISNOMER THAT. IS
NOTHING.
IT DOES NOT EXIST. SO WHEN
PEOPLE BUY A PIECE OF PROPERTY
THAT IN OUR SHORELINE BAND, IT’S
NOT THAT THEY EXPECT TO MOVE THE
PROPERTY 100 FEET OFF THAT. IS
NOT — THIS IS NOT AN EASEMENT
FOR PUBLIC ACCESS. WHAT WE DO
IS WE DETERMINE WHAT IS MAXIMUM
FEASIBLE PUBLIC ACCESS
CONSISTENT WITH THE PROJECT THAT
IS THERE. THAT’S — AND I WANT
TO BE REAL CLEAR ABOUT THAT
BECAUSE I FEEL LIKE WE’RE
GETTING OFF ON A TANGENT HERE
AND MISUNDERSTANDING WHAT THE
PROCESS IS. THE PROCESS IS
SIMPLY, IS THIS THE MAXIMUM
FEASIBLE PUBLIC ACCESS GIVEN
WITH THIS PROJECT, GIVEN THE
CONSTRAINTS OF THE SITE. WE’RE
GIVEN A PARTICULAR SITE, DECIDE
WHAT ARE THE CONSTRAINTS OF THE
SITE HOW DO YOU PROVIDE MAC MUM
FEASIBLE PUBLIC ACCESS THERE ARE
MANY PROJECTS THAT HAVE COME
BEFORE BCDC AND A LOT OF THOSE
ARE SINGLE-FAMILY HOME PROJECTS
SO IF SOMEONE HAS A
SINGLE-FAMILY HOME PROJECT WE
SAY WHAT’S THE MAXIMUM FEASIBLE
PUBLIC ACCESS WHICH MAY BE ZERO
WITH A SINGLE-FAMILY HOME
BECAUSE YOU DON’T WANT PEOPLE
WANDERING INTO THE SINGLE-FAMILY
HOME SO THERE IS NO PUBLIC
ACCESS IN THE SHORELINE BAND ON
THAT OR IT MAY HAPPEN THERE MAY
BE ABILITY TO PROVIDE SOME
STAIRS DOWN THERE OR SOMETHING
WE LOOK AT EACH PROJECT AND MAKE
CASE BY CASE DETERMINATION AND
FROM IS NO SET BACK IT JUST
DOESN’T EXIST AS A CONCEPT
WITHIN OUR REGULATIONS I THINK
IT’S IMPORTANT THAT WE
UNDERSTAND THAT THE COMMISSION
CAN APPROVE OR DENY THE PROJECT
BUT IT’S GOT TO BE BASED ON
MAXIMUM FEASIBLE PUBLIC ACCESS
AND STAFF HAS PROVIDED
CONSISTENT WITH THE PROJECT —
YES LARRY KEEPS
SAY CONSISTENT WITH THE
PROJECT, HE’S CORRECT WE LOOK AT
THE PROJECT, LOOK AT THE STAFF
RECOMMENDATION AND SAY HAS THE
APPLICANT PROVIDED MAXIMUM
FEASIBLE PUBLIC ACCESS.
STAFF BELIEVES THEY HAVE GIVEN
THE CONSTRAINTS OF THE PROJECT
THE QUESTION IS, DO YOU THINK
THEY HAVE, AND THAT’S WHAT
YOU’RE VOTING O REALLY NOTHING
ELSE. I MEAN, THE CITY OF
REDWOOD CITY HAS GONE INTO THE
OTHER ISSUES, YOU KNOW, THAT’S
OUR JURISDICTION, THAT’S OUR JOB
TODAY.
>>YORIKO KISHIMOTO: YES. I —
OKAY, POINT TAKEN. I UNDERSTAND
THAT. YEAH, ARE THE ONLY POINT
I WOULD MAKE IS
PERHAPS BEYOND TODAY A
DISCUSSION IS WHEN IN THE LONGER
TERM WHEN CITIES DO LOOK AT
ZONING FOR AREAS ALONG THE
SHORELINE AS WE HOPE THAT THEY
ALLOW, YOU KNOW, ZONE WITH —
WITH SEA LEVEL RISE, ET CETERA,
IN — AS ONE OF THE
CONSIDERATIONS. SO, THANK YOU.
>>CHAIR, ZACHARY WASSERMAN: I
HAVE A COUPLE OF QUESTIONS AND A
REQUEST/SUGGESTION. I WANT TO
REEMPHASIZE WHAT GREG SAID. THE
100 FEET SHORELINE BAND IS
WITHIN OUR JURISDICTION UNDER
STATE LAW, UNDER THE
MCATEER-PETRIS ACT FOR PURPOSES
OF MAXIMUM FEASIBLE PUBLIC
ACCESS WITHIN THE CONSTRAINTS OF
THE PROJECT. THERE IS A
SEPARATE OVERLYING PIECE, WHICH
I THINK WE WILL GET TO IN THE
FUTURE, COMING FROM OUR
GUIDELINES TO JURISDICTIONS
UNDER SB272 OF HOW TO RESPOND,
THAT MAY HAVE SOME EFFECT ON THE
ACTIVITIES WITHIN THE 100
SHORELINE. BUT THE PRIMARY
JURISDICTION OVER WHAT GOES
THERE, ACCEPT FOR PUBLIC ACCESS
IS UP TO LOCAL JURISDICTION NOT
THIS AGENCY.
MY SUGGESTION REQUEST IS
WHETHER WE CAN HAVE A CONDITION
THAT THE — THAT THE CONDITIONS
IN THE EXISTENCE OF PERMIT IS
RECORDED.
WE HAVE HAD OCCASIONAL
DISCUSSIONS ABOUT THIS THERE IS
A CONDITION HOMEOWNERS BE GIVEN
NOTICE BUT IT SEEMS TO ME THE
WAY DO THAT NOTICE IS RECORDING
THE PERMIT SO THAT SHOWS UP IN
THE RECORD AND IT’S PARTICULARLY
OUT FOR THIS PROJECT WHICH IS
FOR SALE PROJECT SO THAT THE
INDIVIDUAL OWNERS AND SUCCESSORS
AND BUYERS WOULD THEN CLEARLY
HAVE NOTICED BECAUSE IT WOULD BE
IN THE RECORD AND TITLE REPORT I
POSE THAT TO STAFF AND THEN
ASSUMING THAT’S OKAY WE’LL POSE
TO SEE WHETHER IT’S ACCEPTABLE
TO THE APPLICANT
>>SPEAKER: QUICKLY THERE IS
ALREADY ONE CONDITION WITHIN THE
PERMIT SO IT’S IN ADDITION TO
THE NOTICE TO BUYERS ANY TIME WE
HAVE DEDICATION CONDITION WITHIN
A PERMIT IT’S TYPICAL WHERE WE
WOULD REQUIRE RECORDING AS WELL
THE TIMING ON THIS ONE IS
SLIGHTLY DIFFERENT IF THAT IT’S
REQUIRED AT THE TIME OF CLOSE OF
SALE OF THE PROPERTY.
>>KATHARINE PAN: BECAUSE THE
PERMITTEE CURRENTLY DOES NOT
ACTUAL LE OWN THE PROPERTY, THEY
HAVE AN OPTION TO PURCHASE. BUT
IT IS IN THERE THAT AT THAT
TIME, WHEN THEY’RE READY TO MOVE
FORWARD WITH THE PROJECT, THAT
IT WILL BE RECORDED.
I THINK AT THIS POINT IT’S NOT.
>>CHAIR, ZACHARY WASSERMAN: NO,
YEAH, I APPRECIATE THAT. THAT
UNDER THESE CIRCUMSTANCES, YOU
CAN’T RECORD THE PERMIT UNTIL IT
COMES INTO THE APPLICANT’S HANDS
THAT, MAKES PERFECT SENSE. I
JUST WANT TO MAKE SURE STAFF IS
SATISFIED THAT WE’RE FULLY
PROTECTED. NO DISRESPECT AT ALL
TO THE APPLICANT THAT THAT WILL
BE DONE. SO, IT’S THERE.
THAT’S FINE. I’M SATISFIED.
>>LARRY GOLDZBAND: CHAIR
WASSERMAN, CAN I INTERRUPT FOR A
SECOND. CAN I PLEASE ASK ALL
COMMISSIONERS TO TURN ON YOUR
CAMERAS, ALL COMMISSIONERS ON
THE CAMERA AT ALL TIMES WE NEED
TO MAKE SURE WE’RE KEEPING
QUORUM AND THE ONLY WAY WE CAN
TELL IS IF WE CAN SEE YOU.
THANK YOU.
>>CHAIR, ZACHARY WASSERMAN: IF
THERE ARE NO OTHER COMMENTS THEN
STAFF RECOMMENDATION, PLEASE.
OH I’M SORRY. WE DID CLOSE THE
PUBLIC HEARING, DIDN’T WE?
THANK YOU. STAFF
RECOMMENDATION,
PLEASE.
>>SPEAKER: ALL RIGHT. SO THIS
STAFF RECOMMENDATION WAS MAILED
TO YOU ON MAY 10TH, 2024. IN
HERE I WOULD LIKE TO TAKE A
MOMENT TO RECOGNIZE THAT A LOT
OF THE HARD WORK ON THE STAFF
ANALYSIS AND RECOMMENDATION WAS
ACTUALLY COMPLETED BY JESSICA
FINKEL ONE OF OUR EXCELLENT
PERMIT ANALYSTS WHO RECENTLY
WENT ON PLAN LEAVE AND SO
COULDN’T BE HERE TO PRESENT THE
ITEM TO YOU TODAY I WANT TO
PRESS MY APPRECIATION FOR HER
EFFORTS BECAUSE IT MADE IT
POSSIBLE FOR US TO CARRY IT THE
REST OF THE WAY. WITH THAT
STAFF RECOMMENDS THAT THE
COMMISSION APPROVE THE PERMIT
APPLICATION WITH SEVERAL
CONDITIONS AMONG THEM ARE
DEDICATION OF THE ON-SITE PUBLIC
ACCESS AREAS AND IMPROVEMENTS
WITHIN THE TOTAL PUBLIC ACCESS
AREA INCLUDING IN THE CALTRANS
REDWOOD CITY RIGHTS OF WAY
PRELIMINARY PLAN REVIEW PROCESS
ENSURING FEASIBILITY AND
CONSISTENCY OF FINAL DESIGN
SUBMITTING PROPERTY INTERESTS
FOR WORK ON LANDS THAT ARE NOT
CURRENTLY OWNED BY PERMITTEE
PRIOR TO BEGINNING WORK
SUBMITTING APPLICABLE WATER
QUALITY CERTIFICATIONS OR WASTE
CHARGE REQUIREMENTS FROM THE
WATER BOARD PRIOR TO BEGINNING
WORK DOCUMENTING COMPLETION OF
ON-SITE AND OFFSITE REMEDIATION
PRIOR TO BEGINNING WORK ON
INHABITABLE SPACES MEASURES TO
PROTECT BAY RESOURCES
COMPENSATORY MITIGATION FOR THE
HABITAT IMPACTS OF NEW BAY FILL,
MONITORING AND ADAPTATION
PLANNING TO ENSURE CONTINUED
VIABILITY PUBLIC ACCESS NOTICING
FUTURE HOME BUYERS ABOUT
RESPONSIBILITIES UNDER PERMIT
INCLUDING REQUIREMENTS TO
MAINTAINS ADAPT PUBLIC ACCESS
AREAS STAFF CONSISTENT WITH THE
COMMISSIONS LAWS AND POLICIES
RECOMMENDS THAT YOU ADOPT
RECOMMENDATION FOR APPROVAL.
>>CHAIR, ZACHARY WASSERMAN:
TAKE DOWN THE SLIDE SO YOU CAN
SEE THE SCREEN PLEASE. IS THERE
A MOTION?
>>PAT ECKLUND: I’LL MOVE THE
STAFF —
>>CHAIR, ZACHARY WASSERMAN: I’M
RECOGNIZING COMMISSIONER
ADDIEGO.
>>MARK ADDIEGO: I WOULD LIKE TO
MOVE APPROVAL OF THE STAFF
RECOMMENDATION PATTED PAT EKLUND
I’LL SECOND. THANK YOU.
>>CHAIR, ZACHARY WASSERMAN:
ECKLUND SECONDS. IF THERE ARE
NO FURTHER QUESTIONS SIERRA
PLEASE CALL THE ROLL.
>>CLERK OF THE BOARD:
COMMISSIONER ADDIEGO?
>>MARK ADDIEGO: YES.
>>CLERK OF THE BOARD:
COMMISSIONER ECKLUND?
>>PAT ECKLUND: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER GILMORE?
>>MARIE GILMORE: YES.
>>CLERK OF THE BOARD:
COMMISSIONER GORIN?
>>SUSAN GORIN: YES.
>>CLERK OF THE BOARD:
COMMISSIONER GUNTHER?
>>ANDREW GUNTHER: YES.
>>CLERK OF THE BOARD:
COMMISSIONER KIMBAL?
>>SPEAKER: ABSTAIN.
>>CLERK OF THE BOARD:
COMMISSIONER KISHIMOTO?
>>YORIKO KISHIMOTO: IT’S A
TOUGH ONE, BUT, YES, I GUESS SO.
>>CLERK OF THE BOARD:
COMMISSIONER LEFKOZITZ?
>>SPEAKER: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER MOULTON-PETERS?
>>STEPHANIE MOULTON-PETERS:
YES.
>>CLERK OF THE BOARD:
COMMISSIONER NELSON?
>>BARRY NELSON: YES.
>>CLERK OF THE BOARD:
COMMISSIONER PEMBERTON?
>>SHERI PEMBERTON: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER PINE?
>>DAVE PINE: YES.
>>CLERK OF THE BOARD:
COMMISSIONER RANDOLPH?
>>SEAN RANDOLPH: YES.
>>CLERK OF THE BOARD:
COMMISSIONER ZEPEDA?
>>CESAR ZEPEDA: YES.
>>CLERK OF THE BOARD: CHAIR
WASSERMAN?
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>CLERK OF THE BOARD: I HAVE A
TOTAL OF 14 YESES, ZERO NOS, AND
ONE ABSTENTION.
>>CHAIR, ZACHARY WASSERMAN: THE
MOTION PASSES. THANKS ALL OF
YOU FOR ALL OF YOUR HARD WORK
AND THANK YOU TO THE COMMISSION
FOR THE THOUGHTFUL QUESTIONS.
THAT BRINGS US TO ITEM TEN, WE
WILL RECEIVE A BRIEFING AND
CONSIDERATION OF AUTHORIZING OUR
EXECUTIVE DIRECTOR TO ENTER INTO
A MEMORANDUM OF UNDERSTANDING
AMONG BCDC AND THE MEMBER
AGENCIES OF THE BAY AREA
REGIONAL COLLABORATIVE, BARC.
THE PURPOSE OF THE MOU IS TO
COORDINATE EFFORTS TO ADDRESS
THE THREATS OF FLOODING AND SEA
LEVEL RISE IN THE SAN FRANCISCO
BAY AREA.
JESSICA FAIN OUR PLANNING
DIRECTOR WILL INTRODUCE THE
ISSUE THEN INTRODUCE ALLISON
BROOKS EXECUTIVE DIRECTOR THE
LEADER OF THIS EFFORT TO DRAFT
AND ADOPT THE MOU.
>>JESSICA FAIN: GOOD AFTERNOON
CHAIR WASSERMAN AND GOOD
AFTERNOON COMMISSIONERS I’M
PLEASED TO BE HERE AT THE END OF
TODAY’S MEETING WITH YOU TO
PRESENT AND SEEK YOUR
AUTHORIZATION FOR OUR EXECUTIVE
DIRECTOR TO ENTER INTO AN
INTER-AGENCY MEMORANDUM OF
UNDERSTANDING ON FLOODING AND
SEA LEVEL RISE. I’M JOINED
TODAY BY ALLISON BROOKS THE
EXECUTIVE DIRECTOR OF THE BAY
AREA REGIONAL COLLABORATIVE WHO
HAS HELPED SPEARHEAD THIS EFFORT
AND WHO IS GOING TO BE
COPRESENTING WITH ME TODAY. SO
IF SOMEONE CAN PULL UP THE
PRESENTATION, WE CAN GET GOING.
THANK YOU. SO, THE COMMISSION
IS WELL AWARE THAT SEA LEVEL
RISE IS HAPPENING AND THAT AS A
REGION IT WILL FUNDAMENTALLY
CHANGE THE WAY THAT WE WILL
LIVE, WORK, AND RECREATE ALONG
OUR BAY SHORELINE. NEXT SLIDE
PLEASE. IT WILL ALSO COST A LOT
OF MONEY. HERE IS A SLIDE FROM
A RECENT REPORT THAT BCDC AND
MTC ABAG RELEASED LAST SUMMER
THAT MAPS OUT THE $110 BILLION
THAT IS ESTIMATED, THAT IT WILL
COST THE REGION TO ADAPT TO
RISING SEA LEVEL BY
MID-CENTURY.
AND WHEN YOU LOOK AT THIS $110
BILLION ESTIMATE, ABOUT HALF
THOSE COSTS ARE BASED ON WHAT WE
KNOW OR OUR PLANNED PROJECTS, IF
YOU LOOK AT THE MAP ON THE RIGHT
THOSE ARE THE BLUE SPACES AS
WELL AS WHAT WE CALL PLACE
HOLDER PROJECTS GREEN LINES
WHERE NO PROJECT EXISTS BUT WE
KNOW SOMETHING WILL HAVE TO
HAPPEN THERE. WHILE THIS IS A
LOT OF MONEY IT APPEALS IN
COMPARISON TO THE ESTIMATED $231
BILLION IN
ANTICIPATED DAMAGES SHOULD WE
DO NOTHING.
$230 BILLION ARE BASED ON
ACCESSED PROPERTY VALUES AS WELL
AS TRANSPORTATION ASSETS. THE
REPORT INDICATED THERE IS
CONSIDERABLE UNEVENNESS ACROSS
THE REGION IN TERMS OF PROJECT
TYPES HOW FAR ALONG PLACES ARE
AS WELL AS ABILITY OF LOCAL
GOVERNMENTS AND OTHER PLACES TO
RAISE FUNDS THERE ARE EQUITY
IMPLICATIONS TO THIS WORK AS WE
LOOK ACROSS THIS REGION TO TRY
TO ADAPT AS A REGION.
ADDITIONALLY IT’S WORTH NOTING
THERE IS A WIDE RANGE OF
ACTIVITIES THAT ARE NEEDED BOTH
THE RESTORATION OF OUR BAY
WETLANDS, AND OTHER NATURE-BASED
STRATEGIES. BUT WE ALSO KNOW
THAT A VARIETY OF GRAY
INFRASTRUCTURE STRATEGIES ARE
NEEDED IN OTHER PLACES. SO
WHILE A LOT OF THE WORK THAT A
LOT OF OUR REGIONAL AND STATE
AGENCIES ARE FOCUSED ON NOW
ACCELERATING NATURE-BASED
STRATEGIES THERE IS NOT A
SIMILAR ANALOG FOR GRAY
INFRASTRUCTURE WHERE
NATURE-BASED STRATEGIES ARE NOT
FEASIBLE AND BOTH OF THESE TYPES
OF SOLUTIONS ARE REQUIRED. NEXT
SLIDE PLEASE.
SO THIS REPORT AS WELL AS BCDC’S
WORK THROUGH OUR BAY ADAPT
PROGRAM HAVE REALLY IDENTIFIED
THE NEED TO NOT JUST IDENTIFY
THIS BIG FUNDING GAP, BUT THAT
WE NEED TO WORK TOGETHER TO
IDENTIFY HOW WE CAN IDENTIFY
LEADS WHO CAN SPEARHEAD AND HELP
FILL THE GAPS WITH SOME OF THESE
FUNDING HOLES. THE BAY ADAPT
JOINT PLATFORM FOR EXAMPLE,
CALLS FOR A REVENUE GENERATION
AND DISTRIBUTION PLAN AND
ACCOMPANYING GOVERNANCE
STRUCTURE TO RAISE AND
DISTRIBUTE FUNDS AND THIS REPORT
WE RELEASED LAST YEAR LIKEWISE
CALLS FOR ESTABLISHING AND
DEVELOPING BETTER LEAD ROLES FOR
ORGANIZING HOW WE FUND THIS
WORK. THE BAY AREA REGIONAL
COLLABORATION HAVE ROLLED UP
THEIR SLEEVES TO DEVELOP THE SEA
LEVEL RISE MOU IT IS ATTACHED IN
YOUR MEETING PACKAGE TODAY,
ATTACHMENT A, AND I’LL TURN IT
OVER TO ALLISON TO TALK US
THROUGH IT.
>>ALLISON BROOKS: THANKS
JESSICA, AND THANKS FOR HAVING
ME HERE TODAY. I CAN SIT DOWN?
[LAUGHTER]
GREAT. THANKS JESSICA. IT’S
GREAT TO BE WITH YOU TODAY
COMMISSIONERS. NEXT SLIDE. A
QUICK RECAP OF WHAT IS THE BAY
AREA REGIONAL COLLABORATION. IT
WAS CREATED THROUGH STATE
STATUTE. WE HAVE FOUR MEMBER
AGENCIES WRITTEN INTO THE
LEGISLATION. THE TOP $4,
INCLUDING BCDC, AND THEN WE HAVE
THE EXECUTIVE OFFICERS OF THREE
AGENCIES THAT PARTICIPATE
REGULARLY IN OUR EFFORTS, AND
THEY ARE SIGNATORIES OF THIS
MOU, AS WELL. AND THEY’RE ALL
— WE’RE MAKING OUR WAY THROUGH
GETTING THEIR APPROVAL, EACH
AGENCY’S APPROVAL TO HAVE THE
EXECUTIVE DIRECTORS OR OFFICERS
SIGN THE MOU. EACH ARE KIND OF
APPROACHING IT IN THEIR OWN WAY,
BUT YOU’RE THE FIRST ONE TO
BRING — YOU’RE THE FIRST ENTITY
THAT WE’RE BRINGING IT FORWARD
TO, SO THAT’S EXCITING. NEXT
SLIDE, PLEASE.
SO, WHAT IS — WHAT’S IN THE
MOU? WHAT IS THE MOU, IF YOU
HAVEN’T HAD A CHANCE TO POUR
OVER IT QUITE YET, WELL, ITS
PURPOSE IS TO ALIGN EFFORTS
EXPERTISE AND CORE FUNCTIONS
ACROSS THOSE SEVEN AGENCIES TO
ACCOMPLISH SOME KEY GOALS,
ACCELERATE PROJECT
IMPLEMENTATION, INCREASE THE BAY
AREA’S COMPETITIVENESS FOR
FUNDING SO HOW CAN WE WORK
TOGETHER TO GO AFTER
INCREASINGLY MORE SCARCE
RESOURCES AT THE STATE LEVEL AND
AT THE FEDERAL LEVEL TO SUPPORT
SOME OF OUR BIG ADAPTATION
PROJECTS WE WANT TO MOVE FORWARD
AROUND THE REGION. ANOTHER GOAL
IS TO ESTABLISH STRUCTURES
COORDINATION AND PROJECT
PRIORITIZATION, SUPPORT
MULTI-JURISDICTIONAL
PARTNERSHIPS, AND SUPPORT CITIES
AND COUNTIES, AND WORK WITH YOU
ALL TO EXPAND YOUR CAPACITY TO
FUND AND IMPLEMENT ADAPTATION
PROJECTS AT THE LOCAL LEVEL,
BECAUSE WE KNOW THAT’S REALLY
WHERE THE RUBBER HITS THE ROAD.
SO, I’LL QUICKLY GIVE A BRIEF
SUMMARY OF EACH OF THE FIVE
TOPIC AREAS WHICH YOU’RE SEEING
ON THE SLIDE HERE THAT ARE
COVERED IN THE MOU, THESE CORE
FUNCTIONAL AREAS WHERE WE HAVE
IDENTIFIED LEADS WHERE, AS MUCH
AS POSSIBLE. SO, ON THE
PLANNING SIDE, PREPARING FOR SEA
LEVEL RISE AND FLOODING RISK,
THAT FOCUSES ON PLANS, POLICIES
AND PROJECT PRIORITIES TO FOSTER
AN ENABLING ENVIRONMENT FOR WIDE
SCALE ADVANCEMENT OF EQUITABLE
MULTI-BENEFIT CLIMATE ADAPTATION
PROJECTS. THE FIRST MAIN ITEMS
INCLUDED IN THAT ARE BCDC
DEVELOPING YOUR REGIONAL
SHORELINE ADAPTATION PLAN FOR
SENATE BILL 272, WHICH IS OFF
AND RUNNING, AND THE SECOND IS
TO DEVELOP A SEA LEVEL RISE
FUNDING AND INVESTMENT STRATEGY
THAT’S BEEN GOING TO BE LED BY
BCDC AND MTC ABAG TO REALLY
PRIORITIZE PROJECTS AND FUNDING
STRATEGIES WHICH WILL THEN BE
INCLUDED IN PLANNED BAY AREA.
SO, WE HAVE MADE GREAT STRIDES
WORKING TOGETHER OVER THE YEARS
TO REALLY START TO INTEGRATE
THESE EFFORTS AND I THINK IT’S
SHOWING UP HERE REALLY NICELY.
ON THE FUND MANAGEMENT SIDE, IT
DESCRIBES HOW THE AGENCIES WILL
COLLABORATE TO SEEK, SECURE, AND
DISTRIBUTE FUNDING TO SUPPORT
THE DELIVERY OF PROJECTS THAT WE
HAVE IDENTIFIED THE STATE
COASTAL CONSERVANCY IS THE LEAD
FOR FUNDING PROPOSALS TO FEDERAL
AGENCIES, THE STATE COASTAL
CONSERVANCY WITH BARC WILL TRACK
WITH STAFF AND COORDINATE
FUNDING PROPOSALS AND THERE ARE
ROLES IN THERE FOR SAN FRANCISCO
ESTUARY PARTNERSHIP, MTC AND
ABAG AND CALTRANS TO RAISE
FUNDS, ALIGN AND DISTRIBUTE
FUNDING, AS WELL AS COORDINATE
ON LEGISLATIVE ADVOCACY AND
REGIONAL FUNDING MEASURES. THIS
SECTION ON TECHNICAL ASSISTANCE
FOCUSES ON HOW REGIONAL AGENCIES
CAN BEST SUPPORT PROJECT
DEVELOPMENT AND DELIVERY THROUGH
A REGIONAL TA PROGRAM. THIS IS
INTENDED TO AUGMENT THE CAPACITY
OF LOCAL GOVERNMENT, SPECIAL
DISTRICTS AND LOCAL
ORGANIZATIONS. OF COURSE,
REALLY BRINGING THIS TO THE
SCALE, I THINK WE ALL WOULD
BENEFIT FROM AND REALLY WHAT WE
NEED IS
GOING TO NEED IS MORE FUNDING.
THERE IS A LOT TO START WITH AND
MANY INVOLVED IN THIS SPACE
WE’RE WORKING TOGETHER TO FOCUS
ON HOW WE CAN ORGANIZE OURSELVES
AND POTENTIALLY EXPAND AND MEET
THE NEEDS OF THE REGION
PROVIDING TECHNICAL ASSISTANCE.
THE REGULATORY ALIGNMENT SECTION
IS FAIRLY SHORT BUT WE COMMIT
THE AGENCIES TO WORK TOGETHER
AND WITH THE REGULATED COMMUNITY
TO CONTINUALLY IMPROVE THE
PERMITTING PROCESS TO FACILITATE
MULTI-BENEFIT CLIMATE ADAPTATION
PROJECT DELIVERY WHILE
MAINTAINING IMPORTANT
ENVIRONMENTAL PROTECTIONS, AND
FINALLY THE COORDINATION SECTION
FOR COLLABORATIVE
DECISION-MAKING DESCRIBES THE
PROCESS AND FORUMS FOR
COLLABORATION AND
DECISION-MAKING. AND IT’S WORTH
NOTING, THINGS CHANGE. WE KNOW
THINGS — THERE IS A LOT OF
CHANGE IN THE WORLD. SO, THE
MOU DOESN’T SUPERSEDE OR CHANGE
ANY AUTHORITIES OR JURISDICTIONS
OF INDIVIDUAL AGENCIES. IT
DOESN’T LOCK US INTO THIS
RELATIONSHIP MOVING FORWARD, IT
ALLOWS FOR CHANGES TO OCCUR
MOVING FORWARD. IT’S EXCITING
THE AGENCIES ARE COMMITTING TO
REALLY KIND OF FIGURING OUT HOW
TO SYNC OF AND ALIGN THESE
EFFORTS AROUND THESE FUNCTIONS.
NEXT SLIDE PLEASE.
HERE IS A QUICK ROLES AT A
GLANCE SUMMARY SHEET WE HAVE
PREPARED THAT IDENTIFY THE PRIME
ENTITIES FOR THE DIFFERENCE
FUNCTIONAL AREAS THE CORE AGENCY
IS RESPONSIBLE FOR THEM AND
ESSENTIALLY EVERYBODY’S INVOLVED
IN EVERYTHING ON THIS NEXT
SLIDE. SO WHAT DOES THIS MEAN?
WHY DOES THIS MATTER? WELL, WE
HAVE NEVER DONE SOMETHING LIKE
THIS BEFORE IT’S INTRODUCING A
COORDINATED REGIONAL STRATEGY TO
FUND AND DELIVER PROJECTS WHICH
REALLY HASN’T BEEN UNDERTAKEN.
IT IS SIGNIFICANT AND THERE IS A
LOT OF WORK TO DO TO REALLY
OPERATIONALIZE THIS BUT IT IS
OUTLINING RULES AND
RESPONSIBILITIES ACROSS
FUNCTIONAL AREAS TO ACHIEVE
THESE SHARED GOALS. I THINK WE
HAVE ALL BEEN WORKING ON THIS,
AND I THINK THIS IS A PRETTY BIG
DEAL, AND I’LL HAPPENED IT OVER
— WE HAVE ONE MORE SLIDE? I
THINK THAT’S IT. THAT WOULD BE
IT. OH, YEAH, I CAN HAND IT
OVER TO JESSICA NOW.
>>JESSICA FAIN: SORRY. IN CASE
THIS SOUNDS SOMEWHAT FAMILIAR TO
YOU OR ANY OF THESE CONCEPTS, IT
REALLY SHOULD. MUCH OF THIS
COMES FROM THE BAY ADAPT JOINT
PLATFORM THE CONSENSUS DRIVEN
ROADMAP FOR REGIONAL SEA LEVEL
RISE ADAPTATION LED BY BCDC
ADOPTED IN 2021 THE MOU SPECIFIC
CALLS OUT FOR EXAMPLE, SOME OF
OUR BAY ADAPT GROUPS LIKE THE
IMPLEMENT BAY ADAPT
IMPLEMENTATION COORDINATING
GROUP OUR LEADERSHIP GROUP TO BE
A FORUM THAT’S TO HELP MOVE THAT
MOU FORWARD RELIES ON REGIONAL
SHORELINE ADAPTATION PLAN
BACKBONE TO SUPPORT THAT BCDC IS
PROVIDING TO HELP MOVE IT
FORWARD AS L LASTLY THE MOU
ADVANCING SEVERAL OF BCDC’S
STRATEGIC PLAN GOALS NAMELY GOAL
ONE LEADING REGIONAL PLANNING
EFFORTS THAT RESULT IN
SUCCESSFUL EQUITABLE ADAPTATION,
GOAL TWO IMPROVING OUR
REGULATORY PLANNING FUNCTION IN
A UNIFIED REGIONAL SCALE
APPROACH AND GOAL THREE
EMBEDDING EQUITY INITIATIVES AND
PRACTICES THROUGH THE OUR
PROGRAMS. NEXT SLIDE.
SO, OUR NEXT STEPS, AS ALLISON
MENTIONED, EACH OF THE AGENCIES
IS WORKING THIS THROUGH THEIR
OWN SYSTEM WE LIKE TO BE FIRST
LIKE ALL THINGS RELATED TO SEA
LEVEL RISE, PAVING THE WAY, THEN
THE IDEA IS THAT THE BARC
GOVERNING BOARD MEETING IN JULY,
HOPEFULLY THE FULL BOARD WILL
APPROVE THIS, THEN THE HARD WORK
BEGINS AS WE START TO REALLY
DIVE INTO THE WORKPLAN THAT
WE’RE DEVELOPING AND MOVING
THESE PIECES FORWARD.
NEXT SLIDE.
I’LL READ THE STAFF
RECOMMENDATION AND THEN PERHAPS
WE CAN OPEN IT UP FOR
DISCUSSION. BUT, WE’RE ASKING
YOU TODAY TO AUTHORIZE THE
EXECUTIVE DIRECTOR TO ENTER INTO
A MEMORANDUM OF UNDERSTANDING
AMONG THE SAN FRANCISCO BAY
CONSERVATION DEVELOPMENT
COMMISSION AND THE ASSOCIATION
OF BAY AREA GOVERNMENTS, ALSO
HOST SAN FRANCISCO ESTUARY
PARTNERSHIP, THE BAAQMD, THE BAY
AREA REGIONAL COLLABORATIVE, THE
CALIFORNIA STATE COASTAL
CONSERVANCY, THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR, THE METROPOLITAN
TRANSPORTATION COMMISSION, AND
THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD, SAN
FRANCISCO BAY REGION. TO
COORDINATE EVERYDAYS TO ADDRESS
THE THREATS OF FLOODING AND SEA
LEVEL RISE IN THE SAN FRANCISCO
BAY AREA.
>>CHAIR, ZACHARY WASSERMAN: WE
THANK ALL OF THE PRESENTERS. I
WILL HAVE SOME REMARKS IN A
BIT.
DO WE HAVE ANY PUBLIC COMMENTS?
>>CLERK OF THE BOARD: NONE
IN-PERSON AND NO HANDS RAISED,
CHAIR WASSERMAN.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU. COMMENTS OR
QUESTIONS FROM THE COMMISSION?
COMMISSIONER JOHN-BAPTISTE?
>>ALICIA JOHN BAPTISTE: THANKS
CHAIR WASSERMAN, AND THANKS TO
ALLISON AND STAFF FOR THE
PRESENTATION. JUST WANT TO
CONGRATULATE YOU ALL ON GETTING
TO THIS POINT. I KNOW IT’S
GOING TO BE COMPLEX TO FIGURE
OUT HOW TO WORK ACROSS SO MANY
DIFFERENT AGENCIES BUT HAVING A
SHARED UNDERSTANDING OF WHO IS
DOING WHAT AND WHAT THE PURPOSE
IS IS INCREDIBLY HELPFUL AND I
THINK THIS IS GOING TO BE A
VALUABLE TOOL. SO,
CONGRATULATIONS FOR THAT. I HAD
ONE SPECIFIC QUESTION THAT MAYBE
ALLISON CAN SPEAK TO. I NOTED
IN THE WRITE-UP THAT YOU HAVE A
LEAD IDENTIFIED FOR SEEKING AND
SECURING FEDERAL FUNDING. I
DIDN’T SEE ANY REFERENCE TO THE
SAME THING ON THE STATE LEVEL.
BUT THAT’S — I ASSUME THE
PATHWAY THAT WE’LL NEED TO
PURSUE AS WELL, AND I WONDER IF
YOU COULD SPEAK TO THE APPROACH
THAT’S PLANNED THERE?
>>ALLISON BROOKS: YEAH. THAT’S
A GREAT QUESTION. IT’S PART OF
THE COORDINATION THAT WE’RE
DOING, WHERE WE’RE HAVING A
SUBCOMMITTEE OF THE KEY AGENCIES
AROUND THE FUND-RAISING TO,
FIRST, IDENTIFY — WE’RE GOING
TO HAVE A LIST AND IDENTIFY ALL
THE ACTIVE FUNDING OPPORTUNITIES
THAT ARE COMING FORWARD, AND
THROUGH OUR WORK TOGETHER AND
COORDINATION, WE’LL IDENTIFY WHO
THE APPROPRIATE LEAD IS FOR A
SPECIFIC GRANT OPPORTUNITY AS
THEY COME FORWARD BASED ON WHO
IS BEST POSITIONED TO GO AFTER
IT. AND THEN THROUGH THAT,
WE’LL IDENTIFY OPPORTUNITIES FOR
JOINT PROPOSALS THAT MAY COME
FORWARD. BUT, REALLY, I THINK
IT’S HELPFUL TO JUST SAY WE’RE
GOING TO START WITH THE COASTAL
CONSERVANCY AS THE KIND OF MAIN
ENTITY. BUT THERE WILL BE
OPPORTUNITIES WHICH WE RECOGNIZE
FOR STATE GRANTS AND OTHERS
WHERE ANOTHER APPLICANT CAN
PROBABLY BETTER SUITED TO GO
AFTER IT. SO, THAT’S REALLY
WHERE THE COORDINATION AND THE
SYSTEM WE’RE SETTING UP TO
REGULARLY BE ON TOP OF THESE
OPPORTUNITIES WILL KICK N FOR
SURE. .
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER NELSON?
>>BARRY NELSON: A QUESTION
ABOUT FINANCE. I’M REALLY
PLEASED TO SEE THE DISCUSSION
WITH INVESTMENT STRATEGY IN
PLANNING, NUMBER ONE, BUT UNDER
NUMBER TWO, I HAVE A QUESTION, A
LOT OF THE DISCUSSION AS STAFF
WAS JUST TALKING ABOUT, IS ABOUT
A LOT OF LANGUAGE IN HERE ABOUT
SEEKING FUNDING FROM STATE
GRANTS FEDERAL GRANTS AND
REGIONAL SOURCES. WE HAVE
TALKED MANY TIMES ABOUT THE
POTENTIAL FOR A REGIONAL — A
REGIONAL BALLOT MEASURE, LIKE
MEASURE AA, THAT WOULD BE
SUBSTANTIALLY LARGER, FINANCE
ADAPTATION, I KNOW 2H DISCUSSES
THAT POTENTIAL, BUT IT SAYS
LEAVING INSTRUCT BE DETERMINED
FOR THAT ITEM, THAT IDEA IS
CRITICAL THERE MAY BE ANALOGOUS
IDEAS THAT ARE JUST NOT QUITE
THAT BUT SOMETHING ELSE CREATIVE
ALONG THOSE LINES. I WANTED TO
ASK WHY 2H IS LEFT UNRESOLVED
AND WHETHER THIS MOU ADEQUATELY
CAPTURED OTHER POTENTIAL
CREATIVE FUNDING MECHANISMS?
BECAUSE WE’RE GOING TO HAVE TO
COME UP WITH THOSE
MECHANISMS.
>>JESSICA FAIN: I CAN TRY TO
ANSWER THIS, I DON’T THINK
ANYONE IS JUMPING TO LEAD THE
FUNDING MEASURES AT THIS POINT,
AND CERTAINLY, WOULDN’T WELL
SUITED, BCDC IS NOT GOING TO
LEAD A REGIONAL FUNDING MEASURE
FOR EXAMPLE, MTC AND ABAG ARE
OCCUPIED RIGHT NOW WITH OTHER
BALLOT MEASURES INCLUDING
HOUSING AND TRANSPORTATION WHICH
HAVE RESILIENCY COMPONENTS AS
WELL BUT AREN’T SPECIFIC ON THIS
TOPIC. I THINK THIS IS
IMPORTANT TO INCLUDE THIS IS A
CONCEPT WE DON’T WANT TO LOSE
IT’S KNOWN IT’S IMPORTANT TO BE
DISCUSSED FOR A LONG TIME THAT
WE’RE COMMITTING TO BUT I THINK
THERE IS MORE TO BE DONE IN
TERMS OF FIGURING OUT EXACTLY
THE RIGHT LEAD ON HOW TO MOVE
THAT FORWARD.
>>CHAIR, ZACHARY WASSERMAN: ONE
OF THE DIFFICULTIES IS THIS MOU
IS REALLY AIMED AT THESE
GOVERNMENT AGENCIES AND WHILE
GOVERNMENT AGENCIES WERE
INVOLVED IN AA, THEY WERE NOT
THE LEAD AND THAT MAY BE THE
CASE AGAIN. BUT WE WILL
CERTAINLY BE VERY INVOLVED IN
NOT ONLY THINKING ABOUT IT, BUT
MAKING SURE IT STAYS AT THE TOP
OF EVERYBODY’S ATTENTION.
COMMISSIONER MOULTON-PETERS?
>>STEPHANIE MOULTON-PETERS:
THANK YOU. I WANT TO THANK
JESSICA AND ALLISON AND ALL OF
THE AGENCIES. I HAVE BEEN
FOLLOWING THIS AND VERY
GRATIFIED TO SEE ALL THE
PROGRESS IT’S MADE. I WANT TO
OFFER A FURTHER THOUGHT ALONG
THE LINES THAT COMMISSIONER
NELSON JUST OFFERED, AND THAT
IS, I KNOW THE FOCUS HERE IS ON
COORDINATING GRANT APPLICATIONS
FOR FEDERAL AND STATE FUNDING, I
THINK IT’S ALSO IMPORTANT TO
REALIZE THAT THE PRIVATE AND
NON-PROFIT SECTORS WILL PLAY A
ROLE IN FUNDING IN THE KIND OF
MITIGATION ACTIVITIES THAT WE’RE
LOOKING FOR. AND SO WHILE IT
DOESN’T TOTALLY FIT WITHIN THE
GRID AND TABLE THAT WE SAW, I
THINK THE AGENCIES, AND BARC,
WANT TO CONSIDER IN THE FUTURE
HOW WE WOULD INCORPORATE THE
PRIVATE AND NGO SECT ON WERES
WHO WILL INEVITABLY GET INTO THE
PICTURE AND HOW WE LEVERAGE
THOSE DOLLARS ALONG WITH THE
STATE AND FEDERAL FUNDING. SO
JUST WANTED TO THROW THAT INTO
THE POT FOR FUTURE
CONSIDERATION. THANK YOU.
>>CHAIR, ZACHARY WASSERMAN: I
WANT TO JOIN IN THANKING
EVERYBODY. WHEN I WAS INVOLVED
IN A NUMBER OF DISCUSSIONS
LEADING UP TO THIS MOU, AND
THERE WAS INITIALLY A LOT OF
SKEPTICISM, NOT ABOUT DOING IT,
BUT HOW DIFFICULT IT WOULD BE,
OR NOT, AND HOW QUICKLY WE COULD
DO IT. AND I THINK WE ARE
BEATING PEOPLE’S EXPECTATIONS.
I SHARE JESSICA’S PRIDE IN OUR
BEING FIRST AGENCY TO APPROVE
IT, AND I THINK IT WILL MOVE
ALONG WITH ALL OF THE AGENCIES,
BUT IN PART BECAUSE THIS CLEARLY
WAS A COOPERATIVE EFFORT. NOT
ALWAYS WILLINGLY, BUT EVERYBODY
UNDERSTANDS THE IMPORTANCE OF
DOING THIS AND TAKING THIS
APPROACH. AND A LOT OF THE
FOCUS IS ON FINANCING, BUT THE
MOU GOES BEYOND THAT AND TALKS
ABOUT TECHNICAL ASSISTANCE AND
MOVING TOWARDS IMPLEMENTATION.
SO, I WOULD — IF THERE ARE NO
FURTHER QUESTIONS, WELCOME
SOMEONE MAKING THE MOTION TO
APPROVE THE RECOMMENDATION THAT
WE AUTHORIZE OUR EXECUTIVE
DIRECTOR.
>>CLERK OF THE BOARD: CHAIR
WASSERMAN, I BELIEVE YOU NEED TO
CLOSE THE PUBLIC HEARING FIRST?
NEVER MIND. I STAND CORRECTED.
>>PAT ECKLUND: OKAY, I WOULD
LIKE TO MOVE THE STAFF
RECOMMENDATION.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER ECKLUND MOVES.
>>ANDREW GUNTHER: SECOND.
>>CHAIR, ZACHARY WASSERMAN: AND
COMMISSIONER GUNTHER SECONDS.
IF THERE ARE NO COMMENTS, SEER A
PLEASE CALL THE ROLL.
>>CLERK OF THE BOARD: CAN I
CONFIRM THAT WAS ECKLUND AND
GUNTHER, CORRECT?
>>PAT ECKLUND: YES.
>>CHAIR, ZACHARY WASSERMAN:
YES.
>>CLERK OF THE BOARD: THANK
YOU. COMMISSIONER ADDIEGO?
>>MARK ADDIEGO: YES.
>>CLERK OF THE BOARD: ECKLUND?
>>PAT ECKLUND: AYE.
>>CLERK OF THE BOARD: GORIN?
>>SUSAN GORIN: YES.
>>CLERK OF THE BOARD: GUNTHER?
>>ANDREW GUNTHER: YES.
>>CLERK OF THE BOARD: KIMBALL?
>>SPEAKER: YES.
>>CLERK OF THE BOARD:
COMMISSIONER KISHIMOTO?
>>YORIKO KISHIMOTO: YES.
>>CLERK OF THE BOARD:
COMMISSIONER LEFKOZITZ?
>>SPEAKER: YES.
>>CLERK OF THE BOARD: MOULTON
PETERS?
>>STEPHANIE MOULTON-PETERS:
YES.
>>CLERK OF THE BOARD: NELSON?
>>BARRY NELSON: YES.
>>CLERK OF THE BOARD:
PEMBERTON?
>>SHERI PEMBERTON: AYE.
>>CLERK OF THE BOARD:
COMMISSIONER PINE?
>>DAVE PINE: YES.
>>CLERK OF THE BOARD:
COMMISSIONER RANDOLPH?
>>SEAN RANDOLPH: YES.
>>CLERK OF THE BOARD: ZEPEDA?
>>CESAR ZEPEDA: YES.
>>CLERK OF THE BOARD:
COMMISSIONER BEACH?
>>JUSTINE BEACH: ABSTAIN.
>>CHAIR, ZACHARY WASSERMAN: YOU
CAN THROW IN A REGRETFUL.
>>SPEAKER: VERY REGRETFULLY,
PERSONALLY SUPPORT.
>>CLERK OF THE BOARD: CHAIR
WASSERMAN?
>>CHAIR, ZACHARY WASSERMAN:
VERY HAPPILY, YES.
>>CLERK OF THE BOARD: A TOTAL
OF 15 YESES, ZERO NOS, AND ONE
ABSTENTION.
>>CHAIR, ZACHARY WASSERMAN:
THANK YOU, ALL VERY MUCH. I
APPRECIATE THIS. I APPRECIATE
YOUR ATTENTION AND EFFORTS, AS
ALWAYS.
AND WITH THAT, I WOULD
ENTERTAIN A MOTION TO ADJOURN
>>PAT ECKLUND: I’LL MOVE TO
ADJOURN.
>>CHAIR, ZACHARY WASSERMAN:
COMMISSIONER ECKLUND MOVES TO
ADJOURN AND COMMISSIONER NELSON
SECONDS.
>>PAT ECKLUND: SO WE’RE ON OUR
WAY NOW TO ABAG.
>>CHAIR, ZACHARY WASSERMAN:
[LAUGHTER]
IF THERE AREN’T NO OBJECTIONS
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