September 7, 2017 Enforcement Committee Meeting Summary

5 members of the Enforcement Committee attended the September 7, 2017 BCDC Enforcement Committee meeting, which was held at the Metro Center Regional Headquarters Building in San Francisco.

The Committee adopted on a vote of 5-0 a recommended enforcement decision including adoption of proposed Stipulated Cease and Desist and Civil Penalty Order No. CDO 2017.02 for alleged violations at Bridgeway 558 Real Property LLC, located in the City of Sausalito, Marin County. The Stipulated Order would require Bridgeway 558 Real Property LLC 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 Enforcement Committee’s recommended enforcement decision will be considered by the Commission on October 5, 2017. For details contact Maggie Weber (415/352-3668; maggie.weber@bcdc.ca.gov).

The Committee adopted on a vote of 5-0 a modified recommended enforcement decision including adoption of proposed Cease and Desist and Civil Penalty Order No. CDO 2017.03 for alleged violations at the Heron Bay Homeowners Association, located in the City of San Leandro, Alameda County. The Order would require the Heron Bay Homeowners Association 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 $120,000 to the Bay Fill Clean-up and Abatement Fund, half of which would be stayed for timely and complete compliance with the requirements of the order. The Enforcement Committee’s recommended enforcement decision will be considered by the Commission on October 5, 2017. For details contact John Bowers (415/352-3610; john.bowers@bcdc.ca.gov).


On October 19, 2017, the Enforcement Committee may hold a public hearing and vote on a recommended enforcement decision including adoption of proposed Cease and Desist and Civil Penalty Order No. CDO 2017.04 for alleged violations of BCDC Permit No. 2002.002.03 and the McAteer-Petris Act by Westpoint Harbor LLC and Mark Sanders at Westpoint Harbor in Redwood City, San Mateo County. For details contact Mark Zeppetello (415-352-3655 marc.zeppetello@bcdc.ca.gov).

On November 2, 2017, the Enforcement Committee may hold a public hearing and vote on a recommended enforcement decision including adoption of proposed Cease and Desist and Civil Penalty Order No. CDO 2017.05 for alleged violations of the McAteer-Petris Act by the North Coast Rail Authority and the Sonoma-Marin Area Rail Transit District in a tidal slough on the west shore of the Petaluma River adjacent to the Lombard Segment of the Northwestern Pacific Railroad, Marin County. For details contact Matthew Trujillo (415-352-3633 matthew.trujillo@bcdc.ca.gov).