Revised November 17, 2016 Commission Meeting

1:00 p.m.
Port of San Francisco Board Room
Ferry Building Second Floor
San Francisco, CA 94111
(415) 274-0400

NOTE: A closed session has been added as Agenda No. 8, subsequent agenda items have been renumbered.

Tentative Agenda
  1. Call to Order

  2. Roll Call

  3. Public Comment Period (Each speaker is limited to three minutes) A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.
    (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]

  4. Approval of Minutes of November 3, 2016 Meeting
    (Sharon Louie) [415/352-3638; sharon.louie@bcdc.ca.gov]

  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Jaime Michaels) [415/352-3613; jaime.michaels@bcdc.ca.gov

  8. Closed Session on Pending Litigation: (1) Point Buckler Club, LLC and John Donnelly Sweeney v. San Francisco Bay Conservation and Development Commission, Solano County Superior Court, Case No. FCS047083; and (2) Proposed Cease and Desist and Civil Penalty Order No. CCD 2016.002, Point Buckler Club, LLC and John D. Sweeney
    Pursuant to Government Code Section 11126, the Commission may hold a closed session to consider these matters.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]

  9. Consideration of and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CCD 2016.002; Point Buckler Club, LLC and John D. Sweeney
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision including the proposed Cease and Desist and Civil Penalty Order No. CCD 2016.002 that would be issued to Point Buckler Club, LLC and John D. Sweeney (Respondents) for alleged violations at Point Buckler Island, located in Suisun Bay and the Suisun Marsh, Solano County.  The recommended enforcement decision would require the Respondents to: (1) cease and desist from placing any fill within, or making any substantial change in use of, any area subject to tidal action, or that was subject to tidal action before Respondents commenced the unauthorized activities without securing a permit from BCDC as required under Government Code Section 66632(a); (2) cease and desist from conducting or engaging in any “development” as defined in Public Resources Code Section 29114(a) without securing a marsh development permit from the Commission as required under Public Resources Code Sections 29500 and 29501(a); (3) no later than February 10, 2017, submit a Point Buckler Restoration Plan, acceptable to the Executive Director, that proposes corrective actions designed to restore the water quality functions and values of the tidal marsh that existed prior to the Respondents’ unauthorized activities and a Mitigation and Monitoring Plan, acceptable to the Executive Director, that includes a proposal to provide compensatory mitigation for any temporal and permanent impacts to wetlands and other waters of the State that resulted from unauthorized activities at the site; (4) no later than March 10, 2017, apply for a permit to request authorization from the Commission for the placement of fill, extraction of materials, substantial change in use, or development activities that Respondents have conducted or performed at the site at any time from April 19, 2011 through the date of this Order; and (5) within 30 days of the effective date of the order, pay a civil penalty of $772,000.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]
  10. Public Hearing and Possible Vote on the San Francisco Bay Area Water Emergency Transportation Authority (WETA) and Port of San Francisco’s Application for Permit Application No. 2016.001.00 for Expansion of Water Transit and Emergency Evacuation Facilities and Public Access Amenities within the San Francisco Ferry Terminal, in the City and County of San Francisco
    The Commission will hold a public hearing and possible vote on a proposal to develop water transit, emergency evacuation, and public access facilities through, among other things, the construction of additional ferry gates and associated vessel berthing areas, passenger waiting and queuing areas, and an improved and new (0.71-acres) public access space, entirely in the Commission’s Bay jurisdiction and an area identified as an Open Water Area in the San Francisco Waterfront Special Area Plan.
    (Jhon Arbelaez-Novak) [415/352-3649; jhon.arbelaez@bcdc.ca.gov]
  11. Briefing on the U.S. Army Corps of Engineers Transfer of a Portion of the Oakland Inner Harbor Tidal Canal to the City of Alameda
    The City of Alameda (City) will present a briefing on the proposed transfer by the U.S. Army Corps of Engineers (Corps) of 94 federally-owned parcels to the City and, following the transfer, the City’s plan to sell the majority of the parcels to non-government landowners.
    (Jhon Arbelaez-Novak) [415/352-3649; jhon.arbelaez@bcdc.ca.gov]
  12. Briefing Sand Mining Permit Compliance and Progress on Studies The Commission will receive a briefing by representatives from Hanson Marine Aggregates
    and Lind Marine regarding authorized mining activities to date and progress on the studies required by BCDC Permit Nos. 2013.003.00, 2014.004.00 and 2013.005.00 issued in May 2015.
    (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov]
  13. Adjournment

Speaker Sign-Up and Time Limits If you would like to comment on an item scheduled for a public hearing or speak during the public comment period, please fill out a "Request to Speak" form and give it to a staff member. Each speaker is limited to a maximum of three minutes during the public comment period, and the Chair may set time limits for each speaker at the beginning of a public hearing. You are encouraged to submit written comments of any length and detailed information to the staff. This material will be distributed to the Commission members. Applicants are responsible for presenting their projects at the public hearing.

Questions and Staff Reports If you have any questions concerning an item on the agenda or would like to receive a staff report related to the item, please contact the staff member whose name and direct phone number are indicated in parenthesis at the end of the agenda item.

Campaign Contributions State law requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution from an interested party. If you intend to speak on any hearing item, please indicate on the "Request to Speak" form or in your testimony if you have made campaign contributions in excess of $250 to any Commissioner within the last year, and if so, to which Commissioner(s) you have contributed. Other legal requirements govern contributions by applicants and other interested parties and establish criteria for Commissioner conflicts of interest. Please consult with the staff counsel if you have any questions about the rules that pertain to campaign contributions or conflicts of interest.

Access to Meetings Meeting facilities are accessible to persons with disabilities. If you require special assistance, please contact any staff member prior to the meeting. An interpreter for the deaf will also be made available upon request to the staff at least five days prior to the meeting.

Bagley-Keene Open Meeting Act As a state agency, the Commission is governed by the Bagley-Keene Open Meeting Act which requires the Commission to (1) publish an agenda at least ten days in advance of any meeting; (2) describe specifically in that agenda the items to be transacted or discussed; and (3) refuse to add an item subsequent to the published agenda. In addition to these general requirements the Bagley-Keene Act includes other specific provisions about how meetings are to be announced and conducted.