January 25, 2023 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 21, 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. Update Regarding Point Buckler Island Enforcement Matter (Cease and Desist Order CCD2016.002.00). CANCELLED
   Deputy Attorney General Shari Posner will provide an update on the continued efforts to enforce the court judgments in the Point Buckler matter (Duck Club #801; Solano County Assessor’s Parcel No. 0090-020-010), which is located off the western tip of Simmons Island, Solano County, in the Primary Management Area of Suisun Marsh.
   (Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]
7. Public Hearing and Vote on Stipulated Cease and Desist Order and Civil Penalty Order Number 2023.001.00 (BCDC Enforcement Case ER2020.021.00) (PDF).
   The Committee will hold a public hearing to address the unauthorized development of Duck Club #423 (Family Gun Club) in the Primary Management Area of Suisun Marsh, Benicia, Solano County, and vote on a recommended enforcement decision to adopt a stipulated Cease and Desist and Civil Penalty Order to require remedial actions at the site, and to pay $215,630 in administrative civil penalties.
   (Brent Plater) [415/352-3628; brent.plater@bcdc.ca.gov]Executive Director’s Recommended Enforcement Decision Exhibits (PDF) // Proposed Stipulated Order with Exhibits (PDF) // Violation Report and Complaint with Exhibits (PDF) // Statement of Defense with Exhibits (PDF) // Public Comment (PDF) // Late Submission (PDF)
8. Adjournment

January 25, 2023 Enforcement Committee Meeting Transcript

2023.01.25 Recording Transcript – Enforcement Committee Meeting

Marie Gilmore, Chair: The B. C. DC. Enforcement Committee

Marie Gilmore, Chair: is hereby call to order. My name is Marie Gilmour, and I am the chair of this committee.

Marie Gilmore, Chair: Commissioners, please ensure that your video camera is always on, and please mute yourself when you are not speaking.

Marie Gilmore, Chair: Our first order of business is to call the role. Matthew, please call the role Commissioners. Please unmute yourselves while he does this to respond, and then mute yourselves. After responding.

Margie Malan, BCDC HOST: Excuse me. Matthew Gilmore.

Margie Malan, BCDC HOST: Commissioner Ranch. I had joined us.

Sanjay Ranchod, Commissioner: Good morning.

Marie Gilmore, Chair: Good morning. Welcome.

John Vasquez, Commissioner: Good morning, John.

Hmm.

Marie Gilmore, Chair: Okay, Matthew.

Matthew Trujillo, Enforcement Policy Manager: Commissioner Isa

Rebecca Eisen, Commissioner: here.

Matthew Trujillo, Enforcement Policy Manager: Commissioner.

Sanjay Ranchod, Commissioner: Yeah.

John Vasquez, Commissioner: What’s more for the Record Commissioner

Matthew Trujillo, Enforcement Policy Manager: share you more.

Marie Gilmore, Chair: Here

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

Marie Gilmore, Chair: and before we get to item 3 on our agenda. I would like to make a comment, an announcement that

Marie Gilmore, Chair: the previously scheduled update on Point Buckler has been withdrawn.

Marie Gilmore, Chair: That was our previous item Number 6. So if you were here for that, it will not be heard today.

Marie Gilmore, Chair: So we’re on to item number 3, which is the public comment, and in accordance with our usual practice, and is indicated on the agenda. We will now have general public comment on items not on today’s agenda.

Marie Gilmore, Chair: and we have received

Marie Gilmore, Chair: 0 written public

comments.

Marie Gilmore, Chair: but for members of the public who are present. 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.

Marie Gilmore, Chair: Please raise your hand in the zoom application by clicking on the participants icon at the bottom of your screen and look in the box where your name is listed under attendees.

Marie Gilmore, Chair: Find the small palm icon on the left. If you click on that palm, icon, it will raise your hand.

Marie Gilmore, Chair: or if you are joining this meeting by phone, you must style Star 9 to raise your hand and then dial star 6 on your keypad to unmute your phone. When the host asks you. In order to make a comment.

Marie Gilmore, Chair: the meeting hosts will call on individuals who have raised their hands in the order in which they were raised. After you called on, you will be unmuted, so that you can share your comments.

Marie Gilmore, Chair: Please announce yourself by first and last name for the record. Before making your comment.

Marie Gilmore, Chair: Commenters are limited to 3Â min to speak.

Marie Gilmore, Chair: Please keep your comments respectful and focus. We are here to listen to any individual who request to speak, but each speaker has the responsibility to act in a civil and courteous manner, as determined by the chair.

Marie Gilmore, Chair: We will not tolerate hate, speech, direct threats, indirect threats, or abuse of language.

Marie Gilmore, Chair: We will mute anyone who fails to follow these guidelines.

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

Margie Malan, BCDC HOST: There are no hands based.

Marie Gilmore, Chair: Okay, thank you very much.

Marie Gilmore, Chair: So that brings us to item number 4, which is approval of the draft minutes. We’ve all been furnished draft minutes from our last meeting

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

Rebecca Eisen, Commissioner: so moved.

John Vasquez, Commissioner: move by Commissioner Eisen, I need a second.

Marie Gilmore, Chair: Thank you.

Marie Gilmore, Chair: So all in favor of approving the graph meeting minutes. Please raise your hand.

Marie Gilmore, Chair: and the motion carries unanimously. Thank you all.

Marie Gilmore, Chair: So the next item, item, 5 on the agenda is the Enforcement report and Enforcement policy manager. Matthew Tre. Here will we will provide the report. Matthew.

Matthew Trujillo, Enforcement Policy Manager: Good morning, and I belated Happy New Year to you, Chair and to all the committee members. This is our first meeting of the year.

Matthew Trujillo, Enforcement Policy Manager: There are only 2 brief items to report out on today. The first item, as usual, is a case update Since our last meeting that took place on December 20, first, 2022,

Matthew Trujillo, Enforcement Policy Manager: and in the past month we received 3 new cases resolved 3 cases so as of today

Matthew Trujillo, Enforcement Policy Manager: we are at 93 unresolved cases in the queue.

Matthew Trujillo, Enforcement Policy Manager: And second is an update on our efforts to fill the current cpa to or sorry coastal program analysts level 2 vacancy

Matthew Trujillo, Enforcement Policy Manager: I took your feedback from the last meeting to Senior Staff, and I’m. Reporting back that we are looking at the possibility of extending the term from 6 months to one or 2 years, depending on such factors as available funding.

Matthew Trujillo, Enforcement Policy Manager: I continue, on the other hand, to.

Matthew Trujillo, Enforcement Policy Manager: or nevertheless, to spread the word about the position to whoever I I I come in contact with. For instance, yesterday I announced the opening to a group of my colleagues when I was attending

Matthew Trujillo, Enforcement Policy Manager: a training at Cnr, a headquarters in Sacramento.

Matthew Trujillo, Enforcement Policy Manager: This concludes my report, and i’ll be glad to entertain any. Follow up questions

Matthew Trujillo, Enforcement Policy Manager: that you may have at this time.

Marie Gilmore, Chair: Thank you, Matthew. Does anybody have any questions for Matthew.

Marie Gilmore, Chair: seeing none? Are there any members of the public who wish to comment on this item?

Margie Malan, BCDC HOST: I don’t see anybody.

Marie Gilmore, Chair: Okay, Thank you, Margie.

Marie Gilmore, Chair: Okay. So that brings us to our next item, which is item 7 made the announcement that item 6.

Marie Gilmore, Chair: The Point Buckler report has been withdrawn.

Marie Gilmore, Chair: And so, and next, our next agenda item is a public hearing and vote on a recommended enforcement decision to adopt a proposed stipulated cease and the Civil Penalty Order, Ccd: 2023.0, 0, 1.0 0

Marie Gilmore, Chair: to address the unauthorized Development of Duck Club number 423, the Family Gun Club in the primary management areas in marsh in the city of Venetia solonica county

Marie Gilmore, Chair: The record for this matter includes the violation report and complaint. Respondent Statement of defense, the recommended Enforcement decision and proposed stipulated order and all other items identified by B. C. DC. Regulation

Marie Gilmore, Chair: 11 3 70

Marie Gilmore, Chair: at this time will the representatives or representative for the respondent please identify themselves and their association with the respondent for the record.

Donal Cummins: I am Donald Cummins, I’m. The attorney for the

Donal Cummins: Prices, who are the owner of the subject property.

Marie Gilmore, Chair: Okay, thank you, sir.

Marie Gilmore, Chair: I will now invite lead Enforcement Attorney Brent, player to give his presentation.

Marie Gilmore, Chair: Mr. Plater. I understand that the respondents have agreed to the terms of a proposed stipulated order, since the item was first put on the agenda, and so please present the Staff’s recommendation for today.

Brent Plater: Thank you. Chair Gilmore. Yes, that’s correct. We based on the direction we received at the last committee. Hearing on this matter.

Brent Plater: We worked with the Family Duck Club and their their representatives to prepare a stipulated season to assist in still penalty order for the committee’s consideration, and we recommend that the committee adopt it, and recommend to the full commission that they adopt the finalized

Brent Plater: seasoned Assistant Civil Penalty Order at the February sixteenth meeting

Brent Plater: the new stipulated, cease and desist Order addresses the violations by requiring family that club to create a Wetland Restoration plan and submit it to B. C DC. To remediate the the required

Brent Plater: preserved wetland near the the Family Duck Club

Brent Plater: Family Duck club’s headquarters.

Brent Plater: That’s that plan will need to be submitted by june 2,023, with a currently a date expected to actually implement that plan. By the end of the year

Brent Plater: the violation addressing the fill of the

Brent Plater: the the canal that went around the the the, the the

Brent Plater: the levy around the exterior portion of the Deck Duck Club will also require some offsite mitigation. Compensary mitigation actions. Similarly, they’ll have a plan submitted to B. Cdc. By June 2,023, explaining what they intend to do to mitigate for that destroyed area

Brent Plater: and implement that by the end of the year. Now, both of those dates for implementation are expected to be fulfilled by.

Brent Plater: We. We will have better information about the date to fulfill those those mandates. Once we receive the plan, so it is very likely that those dates may be changed by executive director. Order. Once those plans are reviewed by B Cdc. And ultimately approved. The December 2031 2023 dates are there as a sort of a placeholder for now. So until we get some more information about how long it may actually take for those plans to be implemented.

Brent Plater: It also requires the

Brent Plater: the Family Duck club to family gun club, to actually to pay civil liability for the violations, though the total civil liability has been reduced to $215,630. Compared to the previous version that was presented to the committee, which had penalties at $306,000.

Brent Plater: The reductions are largely from combining some violations for events, events that were held at the Family Duck Club, family, gun, club, clay’s operation.

Brent Plater: and by a reduction in the total amount of of daily penalty for the operation of the of the family club Clays operation.

Brent Plater: so that brought the total penalty down to $215,630.

Those

Brent Plater: terms have been reviewed by the Representatives at

Brent Plater: Family Gun Club, and they have agreed to those terms, as i’m sure Mr. Cummins will will tell you. And so we have the stipulated order adopting these findings and these these requirements before you today.

Brent Plater: I’m happy to answer any questions you may have about the changes in the in the order

Brent Plater: as the as the meeting pursuit completes.

Marie Gilmore, Chair: Okay, thank you, Brent. Before we go to questions. I just want to get on the record. If, Mr. Cummings, do you agree? Do you and your

Marie Gilmore, Chair: and the respondents agree to the stipulated order?

We? We do, your honor. I have

Donal Cummins: just 2 comments, if I may.

Donal Cummins: on page one of the stipulated order

Donal Cummins: that’s Roman numeral, one

Donal Cummins: letter F.

Donal Cummins: It speaks to 5 unauthorized structures, that number should be 4,

Donal Cummins: and that would be consistent with Roman numeral to on page 2. Item, 5. That correctly states there are 4 unauthorized structures

Donal Cummins: that comment, and then the only other one is.

Donal Cummins: I don’t know, to to confirm or agree with Mr. Plan, or what he said, that

Donal Cummins: on the mitigation issues the the December 31 2,023. I want to confirm

Donal Cummins: is a target day, but it’s also a placeholder, because that’s construction in a marshy area, and there’s

Donal Cummins: a lot of

Donal Cummins: a lot of things that have to be considered before before it can actually be done. So as long as the Commissioner

Donal Cummins: as authority to adjust the

Donal Cummins: completion dates of those were okay. The rest of the order is fine.

Marie Gilmore, Chair: That’s fine. That would be the executive director once. This is approved by us, and it’s recommended to the full commission, and the full Commission approves it.

Marie Gilmore, Chair: So thank you. So i’m going to open. Well, I see Commissioner Vasquez.

John Vasquez, Commissioner: Thank you. The

John Vasquez, Commissioner: The Family duck. The Family Gun Club is not in the city of Benitia. It’s on Venetia Road.

John Vasquez, Commissioner: It’s in the unincorporated small county.

John Vasquez, Commissioner: I think there’s a

John Vasquez, Commissioner: it says in the title of Benisha, but it’s on initial road. Is it not

John Vasquez, Commissioner: Mr. Coming?

Donal Cummins: It’s actually on Pierce Drive here, and and I think it’s a I do think it’s a Venetia address, though

Donal Cummins: at least for post office purposes. I I think it’s a. But the permitting authority is the only is Islamic County itself.

John Vasquez, Commissioner: So yes, it’s. I think it comes off of initial route or something like that.

Donal Cummins: Yes.

Donal Cummins: comes off the front edge of there.

John Vasquez, Commissioner: Yeah, the address would be Benisha.

John Vasquez, Commissioner: but the it.

John Vasquez, Commissioner: the provincial authority, is Song County.

John Vasquez, Commissioner: Secondly, the to the timeline

John Vasquez, Commissioner: in the unincorporated after October fifteenth. You can’t do the grading based on our grading ordinance.

John Vasquez, Commissioner: so there some of that has to come into play should the plan not be

John Vasquez, Commissioner: fully developed or submitted in in the construction time to do the repairs. And the marsh has its own set of standards, too. So.

John Vasquez, Commissioner: as Mr. Coming, said that it it’s a it’s a placeholder date. It’s not. It can’t be held exact, because depending on weather and conditions in the marsh

John Vasquez, Commissioner: really determines

John Vasquez, Commissioner: the work you can do.

John Vasquez, Commissioner: And and lastly, explain to me again. Oh, why there is a

John Vasquez, Commissioner: fine attached to events.

John Vasquez, Commissioner: I’m still confused about that.

Brent Plater: So the way we’ve thank you for the questions and the the clarification points. We will make the correction to change the the 5 unauthorized structures for, and I don’t believe the order has anything specific about the location

Brent Plater: in or outside of Venetia, but that is, I think, that also is

Brent Plater: a a an important point on the the title of it that there’s there’s a slight slight

mistaken that

Brent Plater: in the in the title of the agenda item.

Brent Plater: But in terms of the events, so the way we’ve looked at the the courses. And you know, Commissioner, I’ve been here not very long. You’ve been here a lot longer than me, so, and you know i’m learning learning things every day.

Brent Plater: But the way that I understood these alleged violations to fit within our regulations and and requirements is that there is a the development of the course itself, which was an act that was not within the Duck Club management plan, which was that the change in the way that I understand that then, I think, regulated events out there. But it

John Vasquez, Commissioner: it’s the fact that the work was done and the events occurred by benefit of that work being done which wasn’t permitted by us.

Brent Plater: That’s right. That wasn’t permitted, and then so that that was like one category of the violations and the other sort of place of of violations where these, the the events themselves, which arguably have these additional impacts, beyond which, in in in the absence of having an authorized

pre-authorized

Brent Plater: clay’s operation out there, would have at least required some additional kind of permitting

Brent Plater: from from B. Cdc. Given the nature of those events if they had just been. You know, like other events that we’re aware of in the marsh where

Brent Plater: you know their events that were

Brent Plater: held more

Brent Plater: more closely to the to the membership, you know. Perhaps it would have been thought of differently. That’s how we broken down, based in in this case, and I think we have a a stipulated order that made sense also to Family Gun Club the way we thought about it now. And so I I I think that’s

John Vasquez, Commissioner: that we’re we’re on the right track now. Thank you for that.

John Vasquez, Commissioner: That’s it for me.

Marie Gilmore, Chair: Okay, do any other commissioners have any questions?

Marie Gilmore, Chair: I don’t see any.

Marie Gilmore, Chair: Margie, do we have any members of the public

Marie Gilmore, Chair: wishing to comment on this?

Margie Malan, BCDC HOST: I don’t see any.

Marie Gilmore, Chair: Okay.

Marie Gilmore, Chair: all right.

Marie Gilmore, Chair: So if there are no other comments from

Marie Gilmore, Chair: committee members, and no comments from members of the public.

Marie Gilmore, Chair: I would like Brent. Could you restate the staff recommendation, please? And then we can get a motion in a second on it.

Brent Plater: so our recommendation staff recommendation would be to with a. With this modification to one F to change that from 5 to 4

Brent Plater: for the committee to adopt the the Executive Director’s recommended enforcement decision as its own recommendation to the full Commission for its consideration and final adoption at the at the next commission, hearing after February sixteenth.

Brent Plater: of 2,023.

Marie Gilmore, Chair: Okay, I will entertain a motion on this.

Sanjay Ranchod, Commissioner: So moved

Marie Gilmore, Chair: That was Commissioner ran shot.

Marie Gilmore, Chair: I need a second.

Marie Gilmore, Chair: I think that’s Rebecca trying to second. But you’re muted.

Marie Gilmore, Chair: Second, Thank you.

Marie Gilmore, Chair: Okay. Let’s take a roll call. Vote.

Okay.

Marie Gilmore, Chair: Is that, Margie

Margie Malan, BCDC HOST: Matthew.

Marie Gilmore, Chair: Yes, for you.

Matthew Trujillo, Enforcement Policy Manager: Here I am.

Matthew Trujillo, Enforcement Policy Manager: Commissioner Eisen.

Rebecca Eisen, Commissioner: Hi.

Matthew Trujillo, Enforcement Policy Manager: Commissioner Ronchad.

Sanjay Ranchod, Commissioner: Yes.

John Vasquez, Commissioner: Mr. Vasquez. Yes.

Matthew Trujillo, Enforcement Policy Manager: chair, Gilmour.

Marie Gilmore, Chair: Yes.

Marie Gilmore, Chair: thank you. The

Marie Gilmore, Chair: The enforcement decision is adopted unanimously.

Marie Gilmore, Chair: and this matter is scheduled to be heard and voted on by the full commission at its february sixteenth, 2,023 meeting.

Marie Gilmore, Chair: which is scheduled to start at 10’clock at the Metro Center, 375 Field Street in San Francisco

Marie Gilmore, Chair: online and remote access to the meeting will be available as well.

Marie Gilmore, Chair: and for more information and updates, please visit

Marie Gilmore, Chair: and navigate to the public meetings. Section.

Donal Cummins: Yes, Mr. Commons has his hand up

Donal Cummins: commission date after February nineteenth.

Donal Cummins: on February 16, I’m. Conflicted with a

Donal Cummins: hearing in another matter in San Francisco.

Marie Gilmore, Chair: Can we leave this to staff to work it out in terms of of of the date.

Marie Gilmore, Chair: Because I don’t. Yes.

Marie Gilmore, Chair: thank you

Marie Gilmore, Chair: all right, thank you, Mr. Cummings. Be in contact with staff, and we’ll work out a mutually agreeable date.

Thank you, though.

Marie Gilmore, Chair: Thank you.

Marie Gilmore, Chair: Okay. Anybody else have anything Commissioner

Sanjay Ranchod, Commissioner: appreciation to the staff for continuing to work on this matter over many months to bring it to a satisfactory resolution.

Marie Gilmore, Chair: Thank you, and I also want to comment on the fact, You know, congratulations to staff and the respondents. It was a

Marie Gilmore, Chair: It was not exactly a straight line, but we got there in the end, and I think it’s something that all of us can feel happy about. So Thank you all.

Marie Gilmore, Chair: and at this point in time I will entertain a motion to adjourn.

John Vasquez, Commissioner: I don’t think any of us want to lead.

John Vasquez, Commissioner: because we weren’t here long enough. Is that it?

John Vasquez, Commissioner: Do you need a motion? I’ll move.

Marie Gilmore, Chair: Thank you.

Marie Gilmore, Chair: Okay. Motion by Vasquez, second by Eisen. And thank you very much. Everybody staff and Mr. Cummings go all go forth and enjoy the rest of your day. Thanks so much.

Goodbye.

bye.