October 6, 2016 Enforcement Committee Meeting

Time and Location

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

Port of San Francisco Board Room
Ferry Building
Second Floor
San Francisco, CA 94111

(415) 274-0400


Tentative Agenda

  1. Call to Order
  2. Roll Call
  3. Selection of a Chair
  4. Public Comment
  5. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CCD 2016.002; Point Buckler Club, LLC and John D. Sweeney
    The Committee will hold a public hearing and possibly vote on a recommended enforcement decision including the proposed Cease and Desist and Civil Penalty Order No. CCD 2016.002 that would be issued by the Commission, following a second public meeting on November 17, 2016, to Point Buckler Club, LLC and John D. Sweeney (Respondents) for alleged violations at Point Buckler Island, located off the western tip of Simmons Island in the Suisun Marsh, Solano County.  The recommended enforcement decision would in part require the Respondents to: (1) cease and desist from placing any fill within, or making any substantial change in use of any area subject to tidal action, or that was subject to tidal action before Respondents commenced the unauthorized activities without securing a permit from BCDC as required under Government Code Section 66632(a); (2) cease and desist from conducting or engaging in any “development” as defined in Public Resources Code Section 29114(a) without securing a marsh development permit from the Commission as required under Public Resources Code Sections 29500 and 29501(a); (3) No later than February 10, 2017, submit a Point Buckler Restoration Plan, acceptable to the Executive Director, that proposes corrective actions designed to restore the water quality functions and values of the tidal marsh that existed prior to the Respondents’ unauthorized activities and a Mitigation and Monitoring Plan, acceptable to the Executive Director, that includes a proposal to provide compensatory mitigation for any temporal and permanent impacts to wetlands and other waters of the State that resulted from unauthorized activities at the Site; (4) By no later than March 10, 2017, apply for a permit to request authorization from the Commission for the placement of fill, extraction of materials, substantial change in use, or development activities that Respondents have conducted or performed at the Site at any time from April 19, 2011 through the date of this Order; and (5) Within 30 days of the Effective Date of this Order, pay a civil penalty of $952,000.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]

    Violation Report/Complaint for Civil Penalties

    Statement of Defense

    Proposed Cease and Desist and Civil Penalty Order No. CDO 2016.02

    Administrative Record Documents

  6. Adjournment

Speaker SignUp 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 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.

BagleyKeene Open Meeting Act. As a state agency, the Commission is governed by the BagleyKeene 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 BagleyKeene Act includes other specific provisions about how meetings are to be announced and conducted.