September 7, 2017 Enforcement Committee Meeting

Time and Location

9:30 a.m. to 12:30 p.m.

Bay Area Metro Center
375 Beale Street
Board Room, First Floor
San Francisco, CA 94105
(415) 778-6700

Tentative Agenda

  1. Call to Order
  2. Roll Call
  3. Public Comment
  4. Approval of Draft Minutes for March 16, 2017
  5. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02; Bridgeway 558 Real Property LLC.
    On August 16, 1976, at the existing Trident Restaurant located in Sausalito, Marin County, the Commission issued BCDC Permit No. M1975.102.00 to authorize the remodel and replacement of a single, split-level, 2,637-square-foot pile-supported dining deck in the Bay, attached to a pre-existing pile-supported structure, and for the replacement of caps and piles on a one-for-one basis. Without authorization, in October 1999, the permittee installed an 810-square-foot boat dock with two pilings and an 100-square-foot gangway in the Bay. Also without authorization, in July 2012, the permittee remodeled the Restaurant building and deck in the shoreline band. BCDC staff initiated two enforcement actions in October 1999 and August 2012, respectively. Despite numerous attempts to resolve the violations, staff was unsuccessful until it commenced a formal enforcement proceeding in 2017, which resulted in the submittal of a complete application to amend the permit and a settlement with the permittee.

    The Committee will hold a public hearing and possibly vote on a recommended enforcement decision including adoption of the proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02 that would be issued by the Commission for alleged violations at Bridgeway 558 Real Property LLC, located in the City of Sausalito, Marin County. The Stipulated Order requires the permittee within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of BCDC Permit No. M1975.102.00; (2) provide signed public access amenities including a restroom, two benches, and a trash can; (3) pay a civil penalty of $30,000 to the Bay Fill Clean-up and Abatement Fund; and (4) pay stipulated penalties for late compliance with any term of the Stipulated Order. The BCDC staff has determined that the proposed Stipulated Order is a fair resolution of the alleged violations.
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    Proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02
    Violation Report
    Index of Administrative Record
    Exhibits

  6. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CDO 2017.03; Heron Bay Homeowners Association
      On July 22, 1994, the Commission issued BCDC Permit No. M1992.057.00 to Citation Homes to authorize dredging and excavation activities to mitigate the impacts to City of San Leandro public access that would result from the proposed Heron Bay residential development, and required public access amenities.  In 1999, Citation Homes sold the residential development to the Heron Bay HOA without complying with permit Special Conditions pertaining to required plan review and approval, a public access permanent guarantee, public access improvements, and a permit assignment. Also, the HOA placed unauthorized restrictive signage in violation of the McAteer-Petris Act.  BCDC staff became aware of these violations in 2014 and 2017, respectively, and despite numerous attempts to resolve them was unsuccessful. Staff commenced a formal enforcement proceeding on June 16, 2017, and although the parties have not reached an agreement the only contested matter is the amount of the administrative civil penalty.

    The Committee will hold a public hearing and possibly vote on a recommended enforcement decision including adoption of the proposed Cease and Desist and Civil Penalty Order No. CDO 2017.03 that would be issued by the Commission for alleged violations at the Heron Bay Homeowners Association, located in the City of San Leandro, Alameda County.  The Order would require the permittee within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of BCDC Permit No. M1992.057.00; (2) apply for after-the-fact authorization for as-built public access amenities and authorization for additional public access amenities consisting of eight bicycle “sharrows” and five directional Public Shore signs, one of which is double-sided; (3) upon authorization, provide the public access amenities; (4) record a legal instrument to permanently guarantee the required public access area; and (5) pay a civil penalty of $124,500 to the Bay Fill Clean-up and Abatement Fund. 
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]
    (John Bowers) [415/352-3610; john.bowers@bcdc.ca.gov]

    Violation Report
    Proposed Cease and Desist and Civil Penalty Order
    Original Permit
    Exhibits
    Index of Documents Cited for Heron Bay Homeowners Association Permit Violation
    Letter from the Public

  7. Report of the Chief of Enforcement
  8. Adjournment

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 parentheses at the end of the agenda item.

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.