December 21, 2022 Enforcement Committee Meeting

1. Call to Order
2. Roll Call
3. Public Comments
   The Committee will hear public comments on matters that are not on the agenda. 
4. Approval of Draft Minutes from the December 8, 2022, Enforcement Committee meeting (PDF)
5. Enforcement Report
   Staff will update the committee on the current status of the enforcement program’s activities.
   (Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]
6. Public Hearing and Vote on an Executive Director’s Recommended Enforcement Decision, including a Proposed Complaint for Civil Penalties CCD2022.008.00 to resolve three violations pertaining to BCDC Enforcement Case ER2019.063.00 (PDF) – POSTPONED
   The Committee will hold a public hearing and will vote on whether to recommend to the full Commission the adoption of a proposed Order for Civil Penalties to finally resolve two violations of the terms and conditions of BCDC Permit No. 1973.014.04 as well as Section 66632(a) of the McAteer-Petris Act and one violation of a condition of Permit No. M1985.030.01 by the permittee: Seaplane Investments, Inc., operating at 240-242 Redwood Highway Frontage Road, Mill Valley, Marin County. Respondent owes $21,170 in total unpaid penalties for the violations.
   (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]
   Executive Director’s Recommended Enforcement Decision Exhibit A – Proposed Civil Penalty Order (PDF) //Executive Director’s Recommended Enforcement Decision Exhibit B – Complaint for Administrative Civil Penalties (PDF) // Executive Director’s Recommended Enforcement Decision Exhibit C- Statement of Defense (PDF)
7. Public Hearing and Vote on an Executive Director’s Recommended Enforcement Decision, including Proposed Cease and Desist and Civil Penalty Order Number CCD2022.006.00 (BCDC Enforcement Case ER2019.063.00) (PDF) – POSTPONED
   The Committee will hold a public hearing to address the permit violations and unauthorized development in the Bay and shoreline band at 240-242 Redwood Highway Frontage Road, Mill Valley, Marin County, and vote whether to adopt a Recommended Enforcement Decision proposed by the Executive Director which includes a proposed Cease and Desist and Civil Penalty Order to require remedial actions at the site and payment of $180,000 in administrative civil liability.
   Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov
   Executive Director’s Recommended Enforcement Decision Exhibit A – Proposed Cease and Desist Order (PDF) // 12-21-Item7-Executive-Directors-Recommended-Enforcement-Decision-Exhibit-B-Violation-Report-Complaint-with-exhibits // Executive Director’s Recommended Enforcement Decision Exhibit C to C9 – Statement of Defense (PDF) // Public Comment (PDF) // Late Submission (PDF)
8. Quarterly Update to the Committee on the Simmons Island Habitat Restoration Project (Enforcement Case 1990.026.00).Anchor QEA, the Port of Stockton’s consultant, will update the Committee on the project timeline, including the expected completion date, the progress to-date and the tasks remaining to complete this project and resolve the case.
   Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov
   Presentation (PDF)
9. Adjournment

Bagley-Keene Open Meeting Act

As a state agency, the Commission is governed by the Bagley-Keene Open Meeting Act which requires the Commission to: (1) publish an agenda at least ten days in advance of any meeting; and (2) describe specifically in that agenda the items to be transacted or discussed. Public notices of Commission meetings and staff reports (as applicable) dealing with matters on the meeting agendas can be found on BCDC’s website. Simply access Commission Meetings under the “Public Meetings” tab on the website and select the date of the meeting.

How to Provide Comments and Comment Time Limits

Pursuant to state law, the Commission is currently conducting its public meetings in a “hybrid” fashion. Each meeting notice will specify (1) where the meeting is being primarily held physically, (2) all teleconference locations, which will be publicly-accessible, and (3) the ZOOM virtual meeting link. If you would like to comment at the beginning of the meeting or on an item scheduled for public discussion, you may do so in one of three ways: (1) being present at the primary physical or a teleconference meeting location; (2) emailing comments in advance to public comment until 10 a.m. on the day of the meeting; and (3) participating via ZOOM during the meeting.

If you plan to participate through ZOOM, please use your ZOOM-enabled device and click on the “raise your hand” button, and then wait to speak until called upon. If you are using a telephone to call into the meeting, select *6 to unmute your phone and you will then be able to speak. We ask that everyone use the mute button when not speaking. It is also important that you not put your phone on hold. Each speaker may be limited to a maximum of three minutes or less at the discretion of the Chair during the public comment period depending on the volume of persons intending to provide public comment. Any speakers who exceed the time limits or interfere with the meeting may be muted by the Chair. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members in advance of the meeting for review. You are encouraged to submit written comments of any length and detailed information to the staff prior to the meeting at the email address above, which will be distributed to the Commission members.

Questions and Staff Reports

If you have any questions concerning an item on the agenda, would like to receive notice of future hearings, or access staff reports related to the item, please contact the staff member whose name, email address and direct phone number are indicated in parenthesis at the end of the agenda item.

Campaign Contributions

State law requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution from an interested party within the past 12 months. If you intend to speak on any hearing item, please indicate in your testimony if you have made campaign contributions in excess of $250 to any Commissioner within the last year, and if so, to which Commissioner(s) you have contributed. Other legal requirements govern contributions by applicants and other interested parties and establish criteria for Commissioner conflicts of interest. Please consult with the staff counsel if you have any questions about the rules that pertain to campaign contributions or conflicts of interest.

Access to Meetings

Meetings are physically held in venues that are accessible to persons with disabilities. If you require special assistance or have technical questions, please contact staff at least three days prior to the meeting via email. We will attempt to make the virtual meeting accessible via ZOOM accessibility capabilities, as well.