November 16, 2017 Enforcement Committee Meeting

Time and Location

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

455 Golden Gate Avenue
Milton Mark Conference Center
San Diego Room, Basement Level
San Francisco, CA 94102
(415) 352-3600

Tentative Agenda

  1. Call to Order
  2. Roll Call
  3. Public Comment
  4. Approval of Draft Minutes for September 7, 2017
  5. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CDO 2017.04; Mark Sanders and Westpoint Harbor, LLC.
    BCDC’s Enforcement Committee will hold a public hearing and possibly vote on a recommended enforcement decision, including adoption of proposed Cease and Desist and Civil Penalty Order No. CDO 2017.04 that would be issued by the Commission for alleged violations of BCDC Permit No. 2002.002.07 and the McAteer-Petris Act at Westpoint Harbor, located at the end of Seaport Boulevard in Redwood City, San Mateo County.

    The alleged violations include: (1) failure to provide required public access improvements; (2) failure to comply with plan review requirements; (3) failure to maintain public access improvements; (4) failure to install required signs and buoys to protect listed species and sensitive habitat; (5) failure to provide required visual barrier to adjacent salt ponds; (6) failure to provide required certification of contractor review; (7) operation under an expired permit and failure to secure a time extension; (8) failure to provide required information regarding live-aboard boats; (9) failure to provide required information regarding marine toilets; and (10) failure to provide required notification to NOAA regarding updated nautical charts.

    The proposed order would require Mr. Sanders and Westpoint Harbor LLC by specified dates to: (1) cease and desist from violating BCDC Permit No. 2002.002.07; (2) make public access available; (3) submit a signage plan for review and approval, and install the approved signs; (4) submit plans for public access improvements for review and approval, and complete installation of approved improvements; (5) maintain public access areas and related improvements; (6) remove unauthorized improvements; (7) submit complete application to amend the BCDC permit to request after-the-fact authorization for certain improvements or modifications; (8) install buoys and signs in Westpoint Slough; (9) submit a plan to provide visual barriers to adjacent salt pond for BCDC review and approval, and complete installation of visual barriers; (10) provide shorebird roost habitat mitigation; (11) provide non-tidal wetland mitigation; (12) provide annual reports on live-aboard boats; (13) provide certification of contractor approval; (14) submit monthly status reports; and (15) pay an administrative civil penalty for the violations.
    (Marc Zeppetello) [415/352-3655;]
    (Adrienne Klein) [415/352-3609;]
    Violation Report/Complaint for the impostiiton of administrative civil penalties enforcement investigation
    Documents Listed in Violation Report/Complaint Index of Administrative Record and Additional Documents Added to the Administrative Record After Issuance of Violation Report
    Statement of Defense to Violation/Complaint Investigation
    Statement of Defense Exhibits
    BCDC Regulation Chapter 13
    Executive Director's Recommended Enforcement Decision
    Attachments to Recommended Enforcement Decision:
    A. WPH Marina Build Out Images 2008 & 2009
    B. Photo Of Concrete Pad 2016.10.22
    C. Revised Penalty Chart 2017.11.06
    D. Staff's Objections to Portions of the Sanders Declaration
    E. Proposed Cease and Desist and Civil Penalty Order No. CDO 2017.04
    Public Comment Letters:
    122 Comment Letters from the Public - Nov 17
    G. Mowat - Nov 14
    Article from Latitude 38 Media - Nov 14
    United States Fish and Wildlife Service
    Declaration of Matthew Leddy and Exhibits
    Citizens Committee to Complete the Refuge and Attachment
    Clyde Morris Letter - Nov 9
    Respondent's Objections:
    Respondent's Objections to Executive Director's Recommended Enforcement Decision Attachments - Nov 15
    Respondent's Objections to Letter and Attachment from Citizens Committee to Complete the Refuge - Nov 15
    Respondent's Objections to Declaration of Matthew Leddy - Nov 15
    Respondent's Objections to Staff's Objections to Declaration of Mark Sanders - Nov 15
    This matter is scheduled for a second hearing before the Enforcement Committee on January 18, 2018.  For the materials for the January 18, 2018 Enforcement Committee meeting, and the public comment letters received since November 16, 2017, please click here.
    Staff Presentation on November 16, 2017

  6. Report of the Chief of Enforcement
  7. 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.