April 19, 2018 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 January 18, 2017
  5. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Cease and Desist Civil Penalty Order No. CDO 2018.02; the North Coast Rail Authority (NCRA)
    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 2018.02 that would be issued by the Commission to NCRA for an alleged violation at Hunters Club Road, located in the City of Novato, Marin County consisting of the unauthorized placement of approximately four cubic yards of dirt and gravel, stakes, and wood boards in the Commission’s Bay jurisdiction, as originally placed and subsequently redistributed by tidal water flowing through Beattie Marsh and an unnamed slough.  The Order would require the NCRA within specified time frames to, among other provisions: (1) cease and desist from all activity in violation of the McAteer-Petris Act; (2) submit a comprehensive plan for review and approval by the Executive Director for the remediation of the damage at the site, prepared by a qualified professional or professionals, after consultation with all relevant local, state and federal agencies; (3) implement the staff-approved remediation plan; and (4) and pay a civil penalty of $30,000 to the Bay Fill Clean-up and Abatement Fund, 50% of which may be waived upon determination by the Executive Director that NCRA has substantially complied with the terms of the Order. 
    (Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    Cease and Desist Order (PDF)
    Revisions to the Executive Director’s Recommended Enforcement Decision and  Proposed Commission Cease and Desist and Civil Penalty Order No. CDO 2018.02; North Coast Rail Authority (PDF)
  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.