Revised February 7, 2019 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Board 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)

  4. Approval of Minutes of January 17, 2019 Meeting
    (Peggy Atwell)

  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)

  8. Briefing in Support of Bay Plan Amendment 1-17 for Bay Fill for Habitat
    The Commission will receive the first in a series of scientific briefings in support of Bay Plan Amendment 1-17. Roger Leventhal, senior engineer for Marin County Public Works, will present fill strategies that could be used in the Bay to facilitate the adaptation of wetlands and other habitats to sea level rise. (Megan Hall) [415/352-3626; megan.hall@bcdc.ca.gov]
    Presentation
  9. Public Hearing on Solano County’s Amendment to the County’s Component of the Suisun Marsh Local Protection Program
    The Commission will hold a public hearing on certification of the 2018 amendment to Solano County’s component to the Suisun Marsh Local Protection Program. The amendment addresses the adoption of the County 2008 General Plan update, and adoption of 2012 Zoning Code text amendments. Topics of discussion will include proposed changes to the policies regarding the Potrero Hills Landfill, clarifications to Land Use Designations, and potential resolution to the issues raised in the incomplete 2012 amendment, including wind energy development and wireless communication facilities. The Commission will vote whether to approve the amendment at a later Commission meeting. (Cody Aichele-Rothman) [415/352-3641; cody.aichele@bcdc.ca.gov]
    Exhibit
  10. Closed Session on Pending Litigation Regarding the Proposed Marriott Hotel Project, 2900 Harbor Bay Parkway, Alameda, and Staff’s Recommendation Not to Require Permit for the Project Pursuant to Government Code Section 11126(e), the Committee may hold a closed session to consider this matter. (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    public comment letter
  11. Public Hearing Regarding the Proposed Marriott Hotel Project, 2900 Harbor Bay Parkway, Alameda, and Possible Vote on the Staff’s Recommendation Not to Require a Permit for the Project
    The Commission will hold a public hearing on the proposed Marriott Hotel Project at 2900 Harbor Bay Parkway in Alameda and possibly vote on the staff’s recommendation not to require a permit for the proposed project because: (1) the project plans, as revised per staff comments, meet the development standards established by the Third Supplemental Agreement (TSA) between the Commission and Harbor Bay Island Associates; and (2) the project developer, Harbor Bay Hospitality, LLC, has agreed to enter into an agreement with the Commission to be bound by the TSA. (Brad McCrea) [[415/352-3615; brad.mccrea@bcdc.ca.gov] (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    public comment letters // Staff Report
  12. Consideration of 2017 and 2018 Annual Reports The Commission will consider approving the 2017 and 2018 annual reports.
    (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]
    2017 Annual Report and 2018 Annual Report
  13. Briefing on Live-Aboards - POSTPONED
    The Commission will receive a briefing by Morgan Chow of BCDC staff on how BCDC manages live-aboards in the Bay in light of recent requests to increase live-aboard capacity at several marinas. The briefing will provide the background and context for a Commission discussion regarding how to manage live-aboards as their demand continues to rise. (Morgan Chow) [415/352-3654; morgan.chow@bcdc.ca.gov]
  14. 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.