November 7, 2024 Commission Meeting

1. Call to Order
2. Roll Call
3. Public Comment Period (Each speaker is limited to three minutes)
   A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.
   (Sierra Peterson) [415/352-3608; sierra.peterson@bcdc.ca.gov]
4. Report of the Chair
5. Report of the Executive Director
6. Consent Calendar
   1. Approval of Minutes for October 17, 2024 Meeting
      (Sierra Peterson) [415/352-3608; sierra.peterson@bcdc.ca.gov]
7. Commission Consideration of Administrative Matters
   (Harriet Ross) [415/352-3611; harriet.ross@bcdc.ca.gov]
8. Public Hearing on Pacific Gas & Electric (PG&E) and the Port of San Francisco’s Proposed Major Permit for the Piers 43 ½- 39 Sediment Remediation Project.
   The Commission will hold a public hearing and receive comment on PG&E and the Port of San Francisco’s (Port) proposed Piers 43½ – 39 Sediment Remediation project. To remediate areas around and under Piers 43½ – 39, PG&E and the Port would remove 102,900 cubic yards (cy) of contaminated sediment and debris from five separate areas over 8.7 acres of subtidal habitat, stabilize the dredged areas with sediment pin piles, cap the dredged areas, and place 3,450 cy of riprap on and along the shoreline revetment area. Red & White Ferry docking and boarding facilities at Pier 43½ and five boat docks and gangways in Pier 39 East Marina would be moved temporarily in advance of remediation work and replaced after it is completed. The project is estimated to last five to seven years.
   (Pascale Soumoy) Pascale.soumoy@bcdc.ca.gov, 415 352-3669.
   Presentation // Staff presentation
9. Public Hearing and Possible Vote to Re-Initiate Bay Plan Amendment No. 3-17, an Update to the San Francisco Waterfront Special Area Plan
   The Commission will conduct a public hearing and possible vote to authorize BCDC staff to re-initiate proposed Bay Plan Amendment No. 3-17 to update the San Francisco Waterfront Special Area Plan.
   (Cory Mann) [415/352-3649; cory.mann@bcdc.ca.gov]
   Presentation
10. Briefing on Bridge Allision Safety
    Following Baltimore’s F. Scott Key Bridge disaster in March 2024, BCDC’s regional partners, including the Metropolitan Transportation Commission, the federal Department of Transportation, and the San Francisco Marine Exchange, will brief the Commission on the safety status of bridges in the Bay and possible allision scenarios.
    (Cody Aichele) [(415/ 352-3641; cody.aichele@bcdc.ca.gov]
    Presentation
11. Briefing on Sediment Management Workshops and Action Plan
    Commission staff will provide a briefing on the Sediment for Wetland Adaptation Project, a policy coordination effort and potential Bay Plan Amendment to increase the availability and use of sediments and soils to restore and adapt wetlands to rising sea levels. This briefing will update the work of BCDC and other staff following the two-day in-person workshop in early 2024 to review and discuss potential changes to sediment management and develop an action plan for the region.
    Rachel Cohen [415/352-3661; rachel.cohen@bcdc.ca.gov]
    San Francisco Bay Sediment & Soil Beneficial Reuse for Wetland Adaptation Action Plan // Presentation
12. Adjournment

Purpose of This Report

The purpose of this report is to inform the Commission about new administrative matters.

• The Commission’s rules allow the Executive Director to take action on various administrative matters on behalf of the Commission. This report is provided for Commissioners and the public to learn about actions the Executive Director proposes to take or has recently taken.
• This report also details new planning and permitting matters taken by local governments in the secondary management area of the Suisun Marsh.

Pending Administrative Permit Application

What is being reported here:

The Executive Director acts on administrative permit applications. Pending administrative applications are reported here to inform Commissioners and the public and to answer any questions or concerns about the Executive Director’s determination that a project is “minor” in scope.

The Commission has two options regarding how to proceed

• If the Commission takes no action, the Executive Director will act on these pending applications within the deadlines established by state law; or,
• If a Commissioner objects to the classification of the project as “minor,” and a majority of Commissioners agree, a hearing will be scheduled to decide on the proper classification of the project.

New Administrative Permit Applications

Notice of Projects Proceeding Under Regionwide Permits

What is being reported here:

The Executive Director takes action on requests by projects that apply to proceed under a regionwide permit. When the Executive Director grants permission for a project to proceed under a regionwide permit, details on the project are reported here.

This update is provided for information only; there is no further action for the Commission to take.

Recent Projects Authorized to Proceed Under a Regionwide Permit

Notice of Recently Issued Emergency Permits

The Executive Director issues emergency permits, in consultation with the Chair of the Commission if time allows. Any new emergency permits issued are reported here.

This update is provided for information only; there is no further action for the Commission to take. The Executive Director also describes the emergency permit at the next meeting of the full Commission.

Recently Issued Emergency Permits

Articles about the Bay and BCDC

• Rep. Huffman, Richardson Bay Regional Agency Celebrate Launch of New Eelgrass Protection Zone
• Campaign finances surge for contender in San Mateo County District 4 supervisor race
• Sausalito sea level rise plan advances
• Mayor London Breed Celebrates Grand Opening of Bayfront Park in Mission Bay
• Here’s How SF Mayoral Candidates Plan to Address Climate Impacts on the City

Video recording

Bagley-Keene Open Meeting Act

As a state agency, the Commission is governed by the Bagley-Keene Open Meeting Act which requires the Commission to: (1) publish an agenda at least ten days in advance of any meeting; and (2) describe specifically in that agenda the items to be transacted or discussed. Public notices of Commission meetings and staff reports (as applicable) dealing with matters on the meeting agendas can be found on BCDC’s website. Simply access Commission Meetings under the “Public Meetings” tab on the website and select the date of the meeting.

How to Provide Comments and Comment Time Limits

Pursuant to state law, the Commission is currently conducting its public meetings in a “hybrid” fashion. Each meeting notice will specify (1) where the meeting is being primarily held physically, (2) all teleconference locations, which will be publicly-accessible, and (3) the ZOOM virtual meeting link. If you would like to comment at the beginning of the meeting or on an item scheduled for public discussion, you may do so in one of three ways: (1) being present at the primary physical or a teleconference meeting location; (2) emailing comments in advance to public comment until 10 a.m. on the day of the meeting; and (3) participating via ZOOM during the meeting.

If you plan to participate through ZOOM, please use your ZOOM-enabled device and click on the “raise your hand” button, and then wait to speak until called upon. If you are using a telephone to call into the meeting, select *6 to unmute your phone and you will then be able to speak. We ask that everyone use the mute button when not speaking. It is also important that you not put your phone on hold. Each speaker may be limited to a maximum of three minutes or less at the discretion of the Chair during the public comment period depending on the volume of persons intending to provide public comment. Any speakers who exceed the time limits or interfere with the meeting may be muted by the Chair. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members in advance of the meeting for review. You are encouraged to submit written comments of any length and detailed information to the staff prior to the meeting at the email address above, which will be distributed to the Commission members.

Questions and Staff Reports

If you have any questions concerning an item on the agenda, would like to receive notice of future hearings, or access staff reports related to the item, please contact the staff member whose name, email address and direct phone number are indicated in parenthesis at the end of the agenda item.

Campaign Contributions

State law requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution from an interested party within the past 12 months. If you intend to speak on any hearing item, please indicate in your testimony if you have made campaign contributions in excess of $250 to any Commissioner within the last year, and if so, to which Commissioner(s) you have contributed. Other legal requirements govern contributions by applicants and other interested parties and establish criteria for Commissioner conflicts of interest. Please consult with the staff counsel if you have any questions about the rules that pertain to campaign contributions or conflicts of interest.

Access to Meetings

Meetings are physically held in venues that are accessible to persons with disabilities. If you require special assistance or have technical questions, please contact staff at least three days prior to the meeting via email. We will attempt to make the virtual meeting accessible via ZOOM accessibility capabilities, as well.