June 23, 2021 Enforcement Committee Meeting Transcripts

Marie Gilmore, Chair: Good morning, and welcome to our virtual BCDC enforcement committee meeting, my name is Marie Gilmore, and I am chair of BCDC’s enforcement committee.

Marie Gilmore, Chair: To increase public access during this meeting, we have livestream capability via Facebook live.

Marie Gilmore, Chair: The expectation for anyone viewing via Facebook, is to conduct themselves in a professional manner when posting comments for those viewing.

Marie Gilmore, Chair: When viewing through Facebook live there will be a 13 second delay between the livestream and the zoom meeting all public participation will be available by dialing in using the zoom phone numbers, published on our agenda or through the zoom web platform.

Marie Gilmore, Chair: Our first order of business is to call the roll for so Priscilla please call the roll and while she does this Commissioners, please unmute yourself to respond and then mute yourself again after respond.

Priscilla Njuguna, BCDC: Commissioner Ranchod.

Sanjay Ranchod: Here

Priscilla Njuguna, BCDC: Commissioner Vasquez.

John Vasquez: Here

Priscilla Njuguna, BCDC: Chair Gilmore.

Marie Gilmore: Here.

Marie Gilmore, Chair: We have a quorum present, and we are duly constituted to conduct business.

Marie Gilmore, Chair: Commissioners, before we get started, please join me in welcoming our new lead enforcement attorney Brent Plater to his first enforcement committee meeting he has been working with staff to continue to assist in the resolution of various enforcement matters.

Marie Gilmore, Chair: So welcome.

Marie Gilmore, Chair: you're muted, would you like to take a minute to say something.

Brent Plater: Just thanks for the opportunity and I’m looking forward to working with you on the next few years.

Marie Gilmore, Chair: Thank you, and welcome once again.

Marie Gilmore, Chair: This brings us to general public comment, which is item three on our agenda in accordance with our usual practice and, as indicated on the agenda, we will now have general public comment on items that are not on our agenda.

Marie Gilmore, Chair: as far as I know, we have received for general comments via email, these are posted on our website with the information for this meeting, and they were made available to Members of this committee.

Marie Gilmore, Chair: They relate to the Richardson Bay matter and the Union Point cease and desist order compliance update.

Marie Gilmore, Chair: for members of the public, if you would like to speak either during the general public comment period or during the public comment period for an item on the agenda, you can do so in one of two ways.

Marie Gilmore, Chair: First, if you're attending on the zoom web platform, please raise your hand by clicking on the participants icon at the bottom of your screen.

Marie Gilmore, Chair: And look in the box where your name is listed as an attendee find the small palm icon on the left, if you click on that icon, it will raise your hand.

Marie Gilmore, Chair: Second, if you were joining our meeting by phone, you must file star nine to raise your hand.

Marie Gilmore, Chair: And dial star six on your keypad to unmute your phone when the host asked you in order to make the comment, the meeting host, who is a member of BCDC staff.

Marie Gilmore, Chair: the host will call on individuals who have raised their hands and the order that they were raised.

Marie Gilmore, Chair: After you are called on you will be unmuted so that you can share your comments remember public comments are limited to three minutes to speak.

Marie Gilmore, Chair: Please keep your comments respectful and focus, we are here to listen to any individual who request to speak.

Marie Gilmore, Chair: But each speaker has the responsibility to act in a civil and courteous manner, as defined by the Chair, we will not tolerate hate speech direct or indirect threats or abusive language, we will.

Marie Gilmore, Chair: Margie, who is our host, will mute anyone who fails to follow those guidelines.

Marie Gilmore, Chair: Margie do we have any raised hands by the public?

Margie Malan: yes, we have Chris McKay.

Marie Gilmore, Chair: Please, please unmute.

Marie Gilmore, Chair: the speaker and you have three minutes.

Margie Malan: All right, Mr. McKay.

Chris McKay: Yes, can you hear me.

Chris McKay: Yes, okay I’d like I’m representing Arco embarcadero neighborhood association and I'm calling about the issues at Union point park on the bay trail the encampment that is there and a couple of weeks ago, the city did a deep cleaning of the embarcadero.

Chris McKay: Which did very little it’s back worse than it was before the deep cleaning, but they never posted anything about the encampment on the bay trail.

Chris McKay: And I was seeing.

Chris McKay: Along means or trash or whatever it was being moved from the embarcadero down to the permanent structures, built on the bay trail.

Chris McKay: So, there was a lot of things moved down there why they did the deep cleaning of the embarcadero between Denison Livingston.

Chris McKay: But most important is the impact that this has on people using the bay trail, and also on the oars rowing club and the whale boat rowing club.

Chris McKay: They have to pass by this and right currently the bay trail is closed it's been closed off at embarcadero cove and I’m just curious out of the 350 miles of the bay trail.

Chris McKay: Is this the only area that has an encampment on it, and what can be done about it to get the city to enforce their own policies and regulations, so thank you very much.

Marie Gilmore, Chair: Thank you Margie do we have anyone else who wishes to speak.

Priscilla Njuguna, BCDC: We have no other hands raised.

Marie Gilmore, Chair: Okay, thank you and I just wanted to double check that we have not received any other comments via email besides before that were sent to us earlier.

Margie Malan: that's correct okay.

Marie Gilmore, Chair: Thank you hey well next on the agenda.

Marie Gilmore, Chair: Approval of the draft minutes for March 24th, 2021 we have all been furnished brief minutes from our last meeting.

Marie Gilmore, Chair: I would appreciate a motion and a second to approve those from the committee members.

John Vasquez: So moved.

Marie Gilmore, Chair: Who was that.

Priscilla Njuguna: Commissioner Vasquez

Brad Wagenknecht: Wagenknecht for the second okay.

Marie Gilmore, Chair: Okay, thank you.

Brad Wagenknecht: So, thank you for I’m sorry about being late, oh I’ll do better next time.

Marie Gilmore, Chair: It happens to all of us. Okay, so we have a motion, and a second to approve the Minutes.

Marie Gilmore, Chair: All in favor raise your hand. All right.

Marie Gilmore, Chair: Anybody opposed or.

Marie Gilmore, Chair: abstentions? Motion carries unanimously.

Marie Gilmore, Chair: Okay next step is our enforcement report. Priscilla?

Priscilla Njuguna, BCDC: Good morning Commissioners, thank you for joining us we apologize again for the delay for members of the public who are attending.

Priscilla Njuguna, BCDC: I’ll begin my enforcement report by going over our first quarter report which you received in writing.

Priscilla Njuguna, BCDC: And then I will give you an update as to where we are as of yesterday, so if you'll give me a moment, I will share my screen and just highlight some

Priscilla Njuguna, BCDC: particular parts of the written report you'll get a similar written report for the second quarter, the next enforcement committee meeting that we will have since the quarter ends next week.

Priscilla Njuguna, BCDC: Okay, so, as you can see from this particular report, our last meeting was March 24 so in the first quarter we settled three cases.

Priscilla Njuguna, BCDC: With a settlement for from Lind Tug and Barge that was one of our older cases signed in March for $132,279.

Priscilla Njuguna, BCDC: To date, we've received two of the three payments, we expect under that settlement, which brings our recovery so far in 2021 to $92,186 which includes $2,000 from Chevron for the dredging

Priscilla Njuguna, BCDC: without following their dredging operation plan and a thousand dollars from Lind Marine for disposing of dredge material in a different location. We also have one instance where we got standardized fines from a restaurant, which is registered as Landry’s Inc which is located in Burlingame.

Priscilla Njuguna, BCDC: The other thing I wanted to highlight was the distinction that you're going to hear from where we were in terms of our caseload at the end of the first quarter and where we are now.

Priscilla Njuguna, BCDC: So, I wanted to highlight for you that as of March 31 we had 185 cases which was a 26 case decrease from where we were in December.

Priscilla Njuguna, BCDC: we've made significant progress since then, and as of yesterday, our caseload is that 149 cases which is a 36-case decrease.

Priscilla Njuguna, BCDC: And part of what has helped us in our process of closing out cases is being able to consolidate and close a number of cases that were related.

Priscilla Njuguna, BCDC: Because there were various issues at particular locations, historically, we would.

Priscilla Njuguna, BCDC: have cases opened based on reports and not consolidate things that were at the same location we've done a better job of consolidating.

Priscilla Njuguna, BCDC: We review reports as we receive them because we have more staff to do that and we're now able to have just the cases that we're working on open and being worked on in real time.

Priscilla Njuguna, BCDC: So that's the other item I wanted to highlight for you that as of the end of the first quarter 60 cases had been closed, and since March 31 we have closed.

Priscilla Njuguna, BCDC: An additional 60 cases and which again has a lot to do with duplicate reports that we get about existing cases, one of which you heard about.

Priscilla Njuguna, BCDC: Just to correct the speaker in general public comments that we had then encampment that he mentioned is not in Union point park. Union point park

Priscilla Njuguna, BCDC: encampments have been cleared and there are no new encampments. Staff received a report which members of the committee received via email from the City of Oakland with photographs showing  no encampments within Union point Park; however,

Priscilla Njuguna, BCDC: in the area between Dennison and Livingston there is an encampment along the bay trail.

Priscilla Njuguna, BCDC: And yes, there was a cleanup done by the City of Oakland adjacent to that area; however, the particular area where there is an encampment on the trail.

Priscilla Njuguna, BCDC: belongs to the Port of Oakland and the enforcement team has reached out to the Port of Oakland which is working with the City of Oakland to.

Priscilla Njuguna, BCDC: get that area addressed.  Consistent with the City of Oakland encampment management policy, they can close out encampments in one of four ways.

Priscilla Njuguna, BCDC: They can do a partial closure, a full closure a deep cleaning, which is what they did in the area adjustment to adjacent to the encampment on the bay trail.

Priscilla Njuguna, BCDC: Or take other action, and so, in this particular instance, the city of Oakland determined to do a deep clean and not full closure for the area which was described.  There is ongoing work to get that area addressed and we will continue to provide updates as they're made available to us.

Priscilla Njuguna, BCDC: We are still going on with the resolution of our grouped cases you'll recall that we had 15 grouped cases those are now down to three we're close to resolving those as well.

Priscilla Njuguna, BCDC: And you will also be getting a detailed update from Adrienne Klein today about ongoing work to address the oldest cases and just as a note we were.

Priscilla Njuguna, BCDC: part of what would have been part of our Commission update last week, where we were on the agenda, but we did not get an opportunity to present, which we will, at the next Commission meeting.

Priscilla Njuguna, BCDC: One of the items that was included in the packet that we provided was our progress on the various items within the audit that enforcement has been working on.

Priscilla Njuguna, BCDC: And as you heard mentioned previously, during a Commission meeting the updates to the enforcement regulation have been submitted.

Priscilla Njuguna, BCDC: to the appropriate agency with the state and so we're hoping that the changes to the regulation will be forthcoming, we also anticipate that at a future meeting you will hear about different complex cases that we're working on.

Priscilla Njuguna, BCDC: So just to give you a more in-depth update for the second quarter, where we are as of yesterday.

Priscilla Njuguna, BCDC: As I mentioned earlier, since the first quarter we've opened 23 new cases and we closed 60 cases in the first quarter.

Priscilla Njuguna, BCDC: 18 cases had no violation and then nine cases where duplicative reports of existing cases and in three cases.

Priscilla Njuguna, BCDC: Either local or state agencies were better placed to resolve the matters reported in the cases and the cases were referred there for resolution.

Priscilla Njuguna, BCDC: And then in 30 cases we received documentation or staff independently through research were able to verify that the matters reported had been resolved.

Priscilla Njuguna, BCDC: We now have a total caseload of 149 cases as of June 22, 2021 and that's again at 36 case decrease from 185 caseload that we had on March 31 of 2021.

Priscilla Njuguna, BCDC: We continue to work on the resolution of our cases, and we will be providing periodic updates.

Priscilla Njuguna, BCDC: As they become available, especially with the oldest cases that we're trying to clear out because that's part of the work that we've been doing.

Priscilla Njuguna, BCDC: To try and close out the older cases as much as possible, so that as cases are coming in.

Priscilla Njuguna, BCDC: we resolve them and get them addressed right away, then the caseload doesn't keep building over time as it had when we had less staff, so I do want to commend the efforts of our enforcement staff.

Priscilla Njuguna, BCDC: In particular John Creech, Adrienne Klein, and even for the contributions that Brent Plater has made, as well as Megan Delaporta our legal intern.

Priscilla Njuguna, BCDC: she's listening in so she's been very helpful as well in helping us resolve our cases.  That's all I have for now and pending any questions that you may have.

Marie Gilmore, Chair: Thank you Priscilla I just want to also commend the enforcement staff for a truly great effort, because I think that, where we were.

Marie Gilmore, Chair: around the time of the audit to where we are now, I think the cases have dropped by almost 50% which I think speaks to dedication, organization and incredibly hard work so congratulations to all of you.  Do any Commissioners have any questions for Priscilla on the enforcement report.

John Vasquez: This is john.

John Vasquez: I wanted to say the same thing you said I’m going to say

John Vasquez: you know, having got here early on, just as the audit was rolling out I can see the difference, I think you know that

John Vasquez: our efforts and the efforts to get additional staff was important, and I think the audit said that.

John Vasquez: Oh, at the end of the day, the audit really helped us move along and actually played out our story in that we needed the resources in order to do that with the three people in the beginning, it was impossible.

John Vasquez: And then the realigning or the way we handle cases moving in together has really helped out, but Larry so do we report quarterly to the audit team on our progress?.

Larry Goldzband: Not quarterly and Priscilla or Brett know this probably better than I do.

Larry Goldzband: We last reported to the audit committee in the fall if I am correct.

Larry Goldzband: hey, what do you know.

Larry Goldzband: And I assume we will do so again this fall.

Priscilla Njuguna, BCDC: Yes, for the second annual update.

John Vasquez: Exactly because it is a story of success it really

Larry Goldzband: is.

Larry Goldzband: I’ll wait for other Commissioners to ask questions I have one question and Priscilla that I’m pretty sure I know the answer to, but I want to make sure that she explains it to everybody.

Larry Goldzband: With regard to the audit with regard to the auditor itself we're under a deadline, a pretty strict deadline of when we report.

Larry Goldzband: We noticed the last time we did this, that of the and I’m going to get this number wrong Priscilla so correct me, I want to say there were 18 recommendations or 19 I don't we go ahead and put yourself off mute just correct me as I’m going.

Priscilla Njuguna, BCDC: Okay, and so 19 I would need to check to be sure.

Larry Goldzband: think it was 19 of them and we were able to tell them, we were able to say we're fully compliant in a vast majority of them.

Larry Goldzband: We haven't been fully compliant with them exactly in the way that they want us to be fully compliant with them.

Larry Goldzband: And that's because Karen and Priscilla and the gang really realized that there were different ways in a couple of those recommendations to accomplish what the audit said, we ought to accomplish.

Larry Goldzband: But do so in a more streamlined or candidly an easier way with regard to how the CDC works and I’m going to look at Priscilla and say go ahead and argue if I’m wrong, but I think that's a general way of saying.

Larry Goldzband: there are still a couple recommendations that we will not be compliant with, for example, a citizens advisory committee, because you remember that the Commission says that's an outdated

Larry Goldzband: requirement that we don't really need to fulfill we shouldn't fulfill but with regard to the actual processing of enforcement cases I would argue that we are not just compliant but that we are.

Larry Goldzband: even beyond that, with regard to how Priscilla and Karen and the enforcement team have changed things over the past couple years and now with the addition of Brent in replacing Karen.

Larry Goldzband: We will have an enforcement attorney who doesn't have to concentrate so much on the process and creating that legal infrastructure, but instead can really help the team out with regard to the enforcement cases as well.

Thank you.

Priscilla Njuguna, BCDC: Commissioner Wagenknecht has connected and has asked to speak, yes.

Brad Wagenknecht: You know I think this enforcement this enforcement Committee and the working that we're doing is a much better model.

Brad Wagenknecht: than we had before.  I don't know if we had a model before, but now we do, and I’m interested in this kind of format for.

Brad Wagenknecht: county issues, so I you know I appreciate that we're cutting our teeth on this.

Brad Wagenknecht: it's kind of one of those things, the people who demanded the audit, be careful what you wish for, because you may get it and I don't know if

Brad Wagenknecht: you know the folks that demanded the audit I don't know if they're happy about that the result of that, but that's fine we're doing good work, I would also, you know.

Brad Wagenknecht: Citizens Committee I kind of think that's what this committee piece is we're bringing citizen voices.

Brad Wagenknecht: Elected voices to hearing a lot about the issue separately dealing with on the  enforcement so but it takes it does take the whole village of us to be able to be in it to do, effective enforcement and thank you, thank you all of you.

Marie Gilmore, Chair: Thank you. Any more Commissioner comments?

Marie Gilmore, Chair: I don't see any hands okay um.

Larry Goldzband: Well then, may I ask a question? Can I ask a question so Priscilla the way you've described this as we move from 200 some odd cases down to 149.

Larry Goldzband: And we've done that, if I’m going to interpret this which I think is correct, by identifying what I would call ghosts cases.

Larry Goldzband: cases that are duplicative cases that shouldn't really exist because there was no violation necessarily cases that when you think about it weren't really a case at all, they were more either have an allegation or have a question or something that wasn't tangible.

Larry Goldzband: that's.

Larry Goldzband: Correct.

Larry Goldzband: good way to think about it?

Priscilla Njuguna, BCDC: That is a good way to think about it or conceptualize it.

Priscilla Njuguna, BCDC: Because there were a number of cases where we didn't even have a location, so you can't really investigate that, so you get to close it.

Priscilla Njuguna, BCDC: And then there were cases where for different issues at the same location, we had throughout the years different reports and so merging those cases was helpful to get resolution.

Priscilla Njuguna, BCDC: Just on one case and deal with everything at one goal, but also.

Priscilla Njuguna, BCDC: Just having more staff on board is really what has helped the most because it's helped when cases come in for us to review them immediately and be able to tell Oh, this is an existing case let's solve it let's get it done.

Priscilla Njuguna, BCDC: it's a lot easier when there's somebody who's dedicated to that when we were short staffed that wasn't a possibility.

Priscilla Njuguna, BCDC: Because people were busy dealing with the more complex cases that took a lot of effort and energy and they couldn't, then you know split themselves and do all the things that we are now able to do, because we have more personnel.

Larry Goldzband: So, part of the second part of my question is, as I look at this, this is this is sort of a step function with what's happened right, I mean you've gotten here normal and then.

Larry Goldzband: all of a sudden down here I wouldn't expect that to happen again anytime soon in any in that kind of quantity or in that kind of dramatic fashion.

Larry Goldzband: Although maybe I’m wrong, because what I’m wondering is, do you think you've gotten through all the cases and have been able to get through that ghost case problem.

Larry Goldzband: so that we know that those hundred 149 cases that we now have our what I would call solid enforcement issues versus the 250 or 300 or whatever it was.

Priscilla Njuguna, BCDC: We haven't completed that process entirely, so we have a number of cases, particularly the older cases I’m talking about things that were opened 2016 or earlier.

Priscilla Njuguna, BCDC: where we haven't, especially because we're working remotely, and we don't have ready access to the paper file.

Priscilla Njuguna, BCDC: So that means there's a bit of a lag time in us getting that document scanned so that we can see what was done before and figure out what

Priscilla Njuguna, BCDC: things on the ground are now, which means site visits and everything else.

Priscilla Njuguna, BCDC: And so, there are a number of cases that are in that group, where we haven't looked at them in detail, yet, but we're working our way systematically through them.

Priscilla Njuguna, BCDC: you'll recall that, through the enforcement committee we came up with a prioritization list, and so, in part of our strategy of getting the cases consolidated.

Priscilla Njuguna, BCDC: we started with the cases that had the highest scoring and as you'll remember that scoring system was developed in 2017 before the audit ever happened.

Priscilla Njuguna, BCDC: Because we had recognized early on that streamlining the process prioritizing dealing with the things that represent significant harm to the bay and more harm and better use of our time.

Priscilla Njuguna, BCDC: Then spending too much time on things that for the benefit that we're getting are much less beneficial and so as we continue in that work to deal with both the.

Priscilla Njuguna, BCDC: cases that are older and finding out what had already been discovered in the past and cleaning that up, as well as moving forward and keeping up the momentum as cases come in of consolidating and closing

Priscilla Njuguna, BCDC: that's part of the push that has got us to 149 because our sweet spot for lack of a better

Priscilla Njuguna, BCDC: term is getting to the point where we have just the cases that we would typically have in a year.

Priscilla Njuguna, BCDC: Which that number is anywhere between 70 and 100 and so we're close to that number but we're not quite there yet, and we are still working on some of those older cases

Priscilla Njuguna, BCDC: to try and get the information to close the loop and be able to get to just working on the things that represent most significant harm and our priority, and also represent limits on maximum visible public access.

Larry Goldzband: Thank you.

Marie Gilmore, Chair: anybody else.

Brad McCrea: I was going to mention that you're not scheduled for a public hearing, but we could certainly open the line if you'd like there are a few people in attendance and Margie can remind people how to raise their virtual hand.

Marie Gilmore, Chair: Margie.

Margie Malan: I see no raised hands at the moment.

Brad McCrea: Margie remind people when they're calling in how to do that.

Brad McCrea: let's see, we have a couple people on the telephone.

Margie Malan: Okay well.

Marie Gilmore, Chair: I can do that if you're joining our meeting by phone, you have to dial star nine to raise your hand and star six on your keypad to unmute your phone when the host asks you to make a comment.

Marie Gilmore, Chair: And I’m just going to remind people who are calling in to please keep your comments respectful and focused, we are definitely here to listen to anybody who wants to speak.

Marie Gilmore, Chair: But each speaker has the responsibility to act in a civil and courteous manner, as defined by the Chair we're not going to tolerate hate speech direct or indirect threats or abusive language and the post will mute anybody who fails to follow these instructions.

Marie Gilmore, Chair: So, do we have anybody on the phone.

Margie Malan: We have no raised hands can Gilmore okay.

Marie Gilmore, Chair: Now one more thing.

Larry Goldzband: I apologize.

Larry Goldzband: or sure can I one more thing.

Larry Goldzband: Well, Priscilla said something that I think may really apply to Supervisor Wagenknect and Supervisor Vasquez especially.

Larry Goldzband: Because Priscilla said something that's really important, which is that their process depends, to some extent, maybe even to a great extent, depending upon the issue of getting into the office and seeing that paper file.

Larry Goldzband: and making sure that they have the information that they need, because not everything that's paper has already been scanned etc.

Larry Goldzband: You should know, and I’ve said this to the Commission, and I’ll say it again, probably at the July 15 meeting.

Larry Goldzband: Given now where Cal/OSHA has been and given where the governor has gone, we expect that the building will start developing the protocols necessary for our staff and the other staffs in the building to actually come on in.

Larry Goldzband: In at least from this perspective in a voluntary way.

Larry Goldzband: Maybe even later in the summer, but certainly into the fall, which will allow a lot more, I would hope ability for our staff to grab the files that they need in a in a little easier way.

Larry Goldzband: So that may actually change something in terms of the way that the enforcement team is able to work we’ll keep you updated on that as a full Commission.

Marie Gilmore, Chair: Thank you. Anybody else on the side and before we move on to Item six our oldest case update.

Marie Gilmore, Chair: OK, so the Committee will now receive a briefing on the progress that has been made towards resolving the oldest cases Adrian client.

Adrienne Klein: Thank you Chair Gilmore good morning.

Adrienne Klein: I will good, so I believe you can hear me and see the screen, we have not prepared a PowerPoint per se, because we've

Adrienne Klein: provided you with this report, hopefully in time for you to have a quick glance at it so I’ll use the report for my talking points.

Adrienne Klein: So, two years ago, we began the exercise to close the cases preceding as Commissioner chair Gilmore said the cases from 2000 and older so three closed fairly quickly.

Adrienne Klein: And I want to discuss this today.

Adrienne Klein: And because it's been a little while and some of you are new to the committee, I’ll just describe each case briefly and the current status, so the first of the five dates from 1988 just a few years ago it's located in Benicia.

Adrienne Klein: There is a permit for the property that allowed the construction of 10 a subdivision and 10 homes.

Adrienne Klein: it's on a bluff and as a result there's a very large and unique concrete block gravity resentment that collapsed in front of this one of these homes.

Adrienne Klein: necessitating the need for shoreline for a new shoreline protection the owner’s engineers is very competent

Adrienne Klein: it took us a while we had a number of challenges to overcome once were engaged with him, he had access issues, so he couldn’t get heavy equipment to the location where he needs to construct so that's a factor that determines the materials that will be used and the design.

Adrienne Klein: He and our staff engineer, Rafael Montez, who has been very involved in this project had some concerns about some of the materials that were proposed to be used.

Adrienne Klein: Particularly in light of expected increases in wave activity associated with rising sea levels, so the initial design had to be revised to the current design.

Adrienne Klein: I was speaking with the engineer, yesterday I did receive information from him this morning, we do have another unexpected or a new hurdle to

Adrienne Klein: overcome which I’ll be discussing this week internally.

Adrienne Klein: But we hope that we can approve this project

Adrienne Klein: and retain the existing public access to the beach below the residences so I'm optimistic that we can

Adrienne Klein: close this case before the end of the year, the work is

Adrienne Klein: confined to the shoreline band.

Adrienne Klein: I think that's all I have to say, unless anybody has any questions.

Adrienne Klein: The second case is located …

Sanjay Ranchod: This is Sanjay, can I ask a question, just a process question here.

Sanjay Ranchod: What you said was very helpful.

Adrienne Klein: It’s in the memo.

Sanjay Ranchod: I read it, I appreciate you getting it out before the meeting so rather than go through each of these in in the same manner you just did it may be appropriate just ask folks.

Sanjay Ranchod: who've read the memo if they have questions or if there's anything, in particular, you want to highlight because we did start this meeting a bit late and that you have a very detailed summary which answered any questions, I would have had.

Adrienne Klein: I’m happy to defer to the committee.

Marie Gilmore, Chair: Does anyone does anyone have any questions because it was a really detailed report or is there anything in particular that you would like to highlight Adrienne.

Adrienne Klein: I appreciate the cooperation from the property owners and the support from.

Adrienne Klein: management.

Marie Gilmore, Chair: Okay, great does anybody have any questions.

Sanjay Ranchod: yeah, it looks like you're making good progress, Adrienne in resolving these.

Sanjay Ranchod: So, it looks like they're all on a positive track here, and can you just remind us is this, I think there are five matters listed here in the memo are these, this is the sum total of all the old cases, now that remain or are these are just ones you're highlighting for us.

Adrienne Klein: These are those that remain.

Sanjay Ranchod: From before 2000 right, but these are all the cases from prior to 2000.

Sanjay Ranchod: That are still outstanding.

Marie Gilmore, Chair: Great progress on them.  Do any members of the committee have any questions on the report, if not, I will ask for public comment.

Marie Gilmore, Chair: Okay, so Margie do we have any hands raised?

Margie Malan: Actually, Commissioner Vasquez would like to speak.

Marie Gilmore, Chair: Yes.

John Vasquez: Just a quick question is a yes or no, well, will we see the Point Buckler case again?

John Vasquez: Mr. Sweeney was that, in the hands of the courts or…?

Priscilla Njuguna, BCDC: that's in the hands of the courts unless.

Priscilla Njuguna, BCDC: Shari Posner, I would like to say anything.

Larry Goldzband: I was going to ask Shari and Brent too.

Marie Gilmore, Chair: Right.

Brent Plater: I will say that I’m currently working on a separate enforcement matter on Spinner Island where Mr. Sweeney is also a co-owner of the project that was built without a bcc permit so, at least in that context, there is a possibility that he . ..

John Vasquez: We will see Mr. Sweeney again.

Brent Plater: At the very least there I’ll defer to others about whether the existing litigation is complete, or we might expect a petition for the Supreme Court or who knows what else.

Marie Gilmore, Chair: Shari do you want to comment.

Shari Posner: Sure, I mean, obviously I can't predict on the petition to serve to the Supreme Court, what I can report is that there is a.

Shari Posner: document called a limiter, which is when the Court of Appeal the case becomes final, and they send it back to the trial court to.

Shari Posner: basically, comply with what the Court of Appeals order was, which in this case would be reversed and we may end so the trial court has to kind of.

Shari Posner: re-assert its jurisdiction over the matter, and so, and in this case the judge has retired so surprisingly actually we actually yesterday because it happened, very quickly, the Solano County Superior Court has reassigned the matter to a judge.

Shari Posner: yeah, I believe that her name is pronounced Alicia [Al-E-Si- A].


Shari Posner: And there is a hearing set.

Shari Posner: Which is just sort of like a case management, but I’m guessing at some sort of hearing on further proceedings where their court will officially.

Shari Posner: act on what the Court of Appeal directed the Court to do, which was to deny the petition and

Shari Posner: hopefully, set the stage we will be appearing at that. The same is true for the Waterboard cases, so they were all assigned to the same judge and all set for hearing on the same day.

Shari Posner: And then from there we'll see what we what happens I’m not sure if the matter will appear before the enforcement committee again.

Shari Posner: I doubt it in the context of an enforcement hearing, but the next step is to try and enforce the cease-and-desist order and collect the penalty and

Shari Posner: it's very possible that will require further litigation, but not in the administrative context but will continue to update

Shari Posner: Brent and work with Brent and also.

Shari Posner: Chief counsel Scharff as well.

Brad McCrea: Shari I was going to ask the same thing.

Brad McCrea: It is my understanding, and you just clarify that the BCDC enforcement order stands first question is that correct?

Shari Posner: That is what the Court of Appeal they didn't say it that way, but what they said in essence.

Brad McCrea: So, as you just pointed out, the next thing for our staff to do is look at what the order requires and then carry that out until or unless we're told otherwise right?

Shari Posner: Correct now, I think, technically, the trial court has to do what it needs to do for that essence to be live that doesn't mean we can't start preparing but and like I said it's August 25 was the day that they set that here.

Brad McCrea: Great, thank you for the clarification.

John Vasquez: Thank you.

Marie Gilmore, Chair: Great Thank you so do any maybe members have any other questions on the oldest cases.

Marie Gilmore, Chair: If not I’ll ask for public comment.

Marie Gilmore, Chair: Okay Margie do we have any.

Marie Gilmore, Chair: Public comment on the briefing on the oldest case pace matters.

Margie Malan: I don't see any raised hands from the public.

Marie Gilmore, Chair: Okay, great well… This brings us to agenda item seven. Priscilla, do you have any upcoming agenda items for the enforcement committee’s consideration at future meetings.

Priscilla Njuguna, BCDC: And thanks once again Chair Gilmore we anticipate that we will be returning a number of complex matters to the enforcement committee.

Priscilla Njuguna, BCDC: Most notably, the Richardson Bay matter no word on when exactly that will happen, but we anticipate that it'll happen either in the summer in the fall, but other than that, pending any other updates from members of staff.

Priscilla Njuguna, BCDC: That's all.

Marie Gilmore, Chair: Any committee Member comments.

Marie Gilmore, Chair: Anybody who would like to add anything?

Marie Gilmore, Chair: Okay, well then that brings us to Item eight adjournment.  Committee members would somebody like to make a motion and a second.

Sanjay Ranchod: So moved.

Margie Malan: moved by Commissioner Vasquez.

Marie Gilmore, Chair: So moved. Moved by Sanjay seconded by John all in favor.


Marie Gilmore, Chair: Aye.

Marie Gilmore, Chair: All right.

Brad Wagenknecht: Thank you, everybody.

Marie Gilmore, Chair: Take care, and we are adjourned.

Brad McCrea: Thank you very much.

Thank you.