December 10, 2020 Enforcement Committee Meeting Summary

Three members of the Enforcement Committee - Chair Scharff, Commissioner Gilmore, and Commissioner Vasquez – attended the virtual December 10, 2020, BCDC Enforcement Committee meeting. The public was able to participate by submitting written comments by email prior to the meeting, by phone, or by accessing the meeting via a link posted on the Commission’s website.View only access was also provided via Facebook Live.

After approving minutes, the Committee conducted an administrative hearing on the proposed cease and desist order CCD2020.002.00 to address and correct alleged violations involving the placement of fill and unauthorized changes in the five acre East Lagoon area of White Slough in the City of Vallejo. These actions are a violation the White Slough Protection and Development Act and White Slough Specific Area Plan.

The Commissioners unanimously voted to approve the proposed cease and desist order that would require the Respondent to cease and desist from any activities that could disturb East Lagoon and determine the extent of the impact of the unauthorized activities and measures necessary to restore the East Lagoon area. The Enforcement Committee will present the order to the full Commission for adoption in January 2021.

The Committee also received the enforcement report briefing during which the Committee was informed that since November 11, 2020, 5 cases have been opened and 6 cases have been closed resulting in a current caseload of 231 cases, which is 1 less case than the caseload on November 11, 2020. The Committee was also informed that the City of Oakland consolidated the encampments at Union Point Park consistent with the cease and desist order requirements and that approximately 10 people, who the City has offered alternate accommodation, remain at the encampment. The Committee was also informed that as part of the ongoing discussions on the resolution of the Richardson Bay matter, there will be a presentation at the next Committee meeting on December 16, 2020 regarding the efforts to develop an agreement with the City of Sausalito. Staff also anticipate providing a presentation regarding the discussions with the Richardson Bay Regional Agency in early 2021, which may involve a potential vote and approval by the Committee members. The Committee was also informed that the National Oceanic and Atmospheric Administration (NOAA) Marine Debris Prevention and Removal program grant application for the removal of the commercial abandoned vessel Tug Polaris was not submitted given the lack of written commitments from community partners to document in-kind and/or cash contributions because of the short turn around between BCDC’s letter of intent and when grant documents needed to be submitted. The Committee was assured that, despite this, Staff gained valuable insight in the process and are better prepared to submit a grant application in the coming year.
For details on the briefings, contact Priscilla Njuguna (415-352-3640, priscilla.njuguna@bcdc.ca.gov).

The next meeting of the Enforcement Committee is scheduled to be held from 9:30 AM to 12:00 PM on Wednesday, December 16, 2020. It is anticipated to also be an online only virtual meeting with no physical location for attendees and participants to congregate.