May 17, 2018 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Yerba Buena Room, First Floor
San Francisco, CA 94105
(415) 778-6700

[ Map and Directions ]

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 April 19, 2018 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
    (Brad McCrea) [415/352-3615; brad.mccrea@bcdc.ca.gov]

  8. Public Hearing and Possible Vote on the Enforcement Committee’s Recommendation to Grant Scott’s Jack London Seafood, Inc.’s Appeal of the Executive Director’s Determination Regarding Scott’s Failure to Comply with Cease and Desist and Civil Penalty Order No. CDO 2017.01 (“Order”)
    Following a public hearing on January 18, 2018, the Enforcement Committee adopted a recommendation that the Commission grant Scott’s Appeal and determine that Scott’s had substantially complied with the requirements of the Order and, therefore, is entitled to a waiver of 15% of the total penalty amount under the Order.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]

  9. Closed Session on Pending Litigation: San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers, United States District Court for the Northern District of California, Case No. C 3:16-CV 05420-RS
    Pursuant to Government Code Section 11126(e), the Commission may hold a closed session to consider this matter.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]

  10. Public Hearing and Possible Vote on the U.S. Army Corps of Engineers, San Francisco District’s Operations and Maintenance Dredging Program for 2018 and 2019; BCDC Consistency Determination No. C2018.003.00
    The Commission will hold a public hearing and possible vote on the U.S. Army Corps of Engineers, San Francisco District’s consistency determination for proposed maintenance dredging of five federal deep water channels and two shallow draft channels within the Coastal Zone, including: the Oakland Entrance, Inner and Outer Harbor; Richmond Inner; Richmond Outer Harbor; Pinole Shoals; Suisun Bay; Redwood City Harbor; and Petaluma River Channel and Across the Flats, and the San Francisco Main Ship channels (outside the Commission’s jurisdiction). The proposed project depths are between minus 50 feet and minus 35 feet Mean Lower Low Water (MLLW) in the deep draft channels and minus 8 feet MLLW in the shallow water channels with advanced maintenance dredging proposed in the Suisun, Pinole and Richmond Outer Harbor channels. The total volume proposed for dredging is 5.35 million cubic yards with the disposal and placement at a mix of in-Bay, ocean and beneficial reuse sites over two years. The dredging, disposal and placement would occur in Alameda, Contra Costa, Solano, Marin, San Francisco, San Mateo Counties, and the San Francisco Deep Ocean Disposal Site off the continental shelf.
    (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov]
    Exhibits A-H // Staff Recommendation // Exhibits // Changes to the Staff Summary // Presentation // Public Comment Letters

  11. Public Hearing and Possible Vote on the Enforcement Committee’s Recommended Enforcement Decision Involving Proposed Cease and Desist Civil Penalty Order No. CDO 2018.02; North Coast Rail Authority (NCRA)
    The Commission will consider and possibly vote on the Enforcement Committee’s recommended enforcement decision including adoption of the proposed Cease and Desist and Civil Penalty Order No. CDO 2018.02 that would be issued to NCRA for an alleged violation at Hunters Club Road, located in the City of Novato, Marin County, consisting of the unauthorized placement of approximately four cubic yards of dirt and gravel, stakes, and wood boards in the Commission’s Bay jurisdiction, as originally placed and subsequently redistributed by tidal water flowing through Beattie Marsh and an unnamed slough. The Order would require the NCRA within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of the McAteer-Petris Act; (2) submit a comprehensive plan for review and approval by the Executive Director for the remediation of the damage at the site, prepared by a qualified professional or professionals, after consultation with all relevant local, state and federal agencies; (3) implement the staff-approved remediation plan; and (4) pay a civil penalty of $30,000 to the Bay Fill Clean-up and Abatement Fund, 100% of which may be waived upon determination by the Executive Director that NCRA has substantially complied with the terms of the Order. 
    (Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    Administrative Record
    Materials Relevant to the April 19, 2018 Enforcement Committee Public Hearing
    Staff presentation
    Public Comment Letter

  12. 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.