March 27, 2024 Enforcement Committee Meeting

1. Call to Order
2. Roll Call
3. Public Comment
   The Committee will hear public comments on matters that are not on the agenda. 
4. Approval of Draft Minutes from the March 14, 2024 Enforcement Committee meeting.
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 Recommended Enforcement Decision and proposed settlement agreement to resolve Enforcement Case ER2015.024.00, City of San Rafael, Marin County.
   The Committee will consider whether to recommend to the Commission that it adopt a Recommended Enforcement Decision and Proposed Settlement Agreement to cause the City by May 10, 2024, to: 1. Re-open a closed public restroom to public use by May 10, 2024, and; 2. Pay an administrative civil penalty of $30,000 unless the restroom is re-opened by April 27, 2024, in which case the administrative civil liability will be $15,000.
   (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov)
   Public Comment
7. Adjournment

March 27, 2024 Minutes

Transcript for Items 6-7

Audio recording

Audio Transcript
[00:00:06] >>MARIE GILMORE, CHAIR: GOOD

[00:00:07] MORNING, EVERYONE. BY MY WATCH,

[00:00:09] IT IS 9:37. AND THIS MEETING OF

[00:00:14] THE BCDC ENFORCEMENT COMMITTEE

[00:00:16] IS HEREBY CALLED TO ORDER. MY

[00:00:20] NAME IS MARIE GILMORE AND I AM

[00:00:21] THE CHAIR OF THIS COMMITTEE. FOR

[00:00:23] COMMISSIONERS, INCLUDING THOSE

[00:00:25] ATTENDING AT BEALE STREET,

[00:00:27] PLEASE ENSURE YOUR VIDEO CAMERAS

[00:00:28] ARE ALWAYS ON AND PLEASE MUTE

[00:00:30] YOURSELVES WHEN YOU ARE NOT

[00:00:31] SPEAKING. OUR FIRST ORDER OF

[00:00:33] BUSINESS IS TO CALL THE ROLL.

[00:00:36] MATTHEW, PLEASE CALL THE ROLL.

[00:00:38] COMMISSIONERS, PLEASE UNMUTE

[00:00:40] YOURSELVES WHILE HE DOES SO TO

[00:00:42] RESPOND AND THEN MUTE YOURSELVES

[00:00:44] AFTER RESPONDING.

[00:00:44] >>MATTHEW TRUJILLO: COMMISSIONER

[00:00:46] EISEN.

[00:00:47] >>REBECCA EISEN: HERE.

[00:00:49] >>MATTHEW TRUJILLO: COMMISSIONER

[00:00:52] VASQUEZ.

[00:00:54] >>JOHN VASQUEZ: HERE.

[00:00:56] >>MARIE GILMORE, CHAIR: HERE. WE

[00:01:00] HAVE A QUORUM PRESENT AND ARE

[00:01:02] DULY CONSTITUTED TO CONDUCT

[00:01:03] BUSINESS. AND THAT BRINGS US TO

[00:01:03] ITEM THREE ON OUR AGENDA, PUBLIC

[00:01:06] COMMENT PERIOD. SO, IN

[00:01:09] ACCORDANCE WITH OUR USUAL

[00:01:10] PRACTICE AND AS INDICATED ON THE

[00:01:11] AGENDA, WE WILL NOW HAVE GENERAL

[00:01:12] PUBLIC COMMENT ON ITEMS NOT ON

[00:01:14] TODAY’S AGENDA. AND I DON’T

[00:01:17] BELIEVE THAT WE HAVE RECEIVED

[00:01:19] ANY GENERAL COMMENTS IN ADVANCE

[00:01:21] OF THIS MEETING, MARGIE?

[00:01:26] >>MARGIE MALAN, CLERK: YES, THAT

[00:01:27] IS CORRECT.

[00:01:28] >>MARIE GILMORE, CHAIR: THANK

[00:01:29] YOU. FOR MEMBERS OF THE PUBLIC

[00:01:30] ATTENDING ONLINE, IF YOU WOULD

[00:01:31] LIKE TO SPEAK EITHER DURING THE

[00:01:33] GENERAL PUBLIC COMMENT PERIOD OR

[00:01:38] FOR AN ITEM ON THE AGENDA,

[00:01:41] PLEASE RAISE YOUR HAND IN THE

[00:01:43] ZOOM APPLICATION BY CLICKING ON

[00:01:44] THE PARTICIPANTS ICON AT THE

[00:01:47] BOTTOM OF YOUR SCREEN AND LOOK

[00:01:49] IN THE BOX WHERE YOUR NAME IS

[00:01:53] LISTED UNDER ATTENDEES. FIND A

[00:01:55] SMALL PALM ICON ON THE LEFT. IF

[00:01:57] YOU CLICK ON THAT PALM ICON, IT

[00:02:00] WILL RAISE YOUR HAND, OR IF YOU

[00:02:02] ARE JOINING THIS MEETING BY

[00:02:03] PHONE, YOU MUST DIAL STAR 9 TO

[00:02:06] RAISE YOUR HAND THEN DIAL STAR 6

[00:02:08] ON YOUR KEYPAD TO UNMUTE YOUR

[00:02:11] PHONE WHEN THE HOST ASKS YOU IN

[00:02:14] ORDER TO MAKE A COMMENT. THE

[00:02:15] MEETING HOST WILL CALL

[00:02:17] INDIVIDUALS WHO HAVE RAISED

[00:02:19] THEIR HANDS IN THE ORDER THEY

[00:02:21] WERE RAISED. AFTER YOU ARE

[00:02:22] CALLED UPON, YOU WILL BE UNMUTED

[00:02:24] SO THAT YOU CAN SHARE YOUR

[00:02:25] COMMENTS. PLEASE ANNOUNCE

[00:02:27] YOURSELF BY FIRST AND LAST NAME

[00:02:29] FOR THE RECORD BEFORE MAKING

[00:02:30] YOUR COMMENT. FOR MEMBERS OF THE

[00:02:33] PUBLIC ATTENDING IN PERSON,

[00:02:34] PLEASE QUEUE UP AT THE SPEAKER’S

[00:02:37] PODIUM AND WAIT TO BE CALLED

[00:02:38] UPON TO SPEAK. COMMENTERS ARE

[00:02:41] LIMITED TO THREE MINUTES TO

[00:02:42] SPEAK. PLEASE KEEP YOUR COMMENTS

[00:02:45] RESPECTFUL AND FOCUSED, WE’RE

[00:02:46] HERE TO LISTEN TO ANY INDIVIDUAL

[00:02:48] WHO REQUESTS TO SPEAK, BUT EACH

[00:02:51] SPEAKER HAS THE RESPONSIBILITY

[00:02:52] TO ACT IN A CIVIL AND COURTEOUS

[00:02:55] MANNER AS DETERMINED BY THE

[00:02:56] CHAIR. WE WILL NOT TOLERATE HATE

[00:02:59] SPEECH, DIRECT THREATS, INDIRECT

[00:03:02] THREATS OR ABUSIVE LANGUAGE. WE

[00:03:05] WILL MUTE ANYONE WHO FAILS TO

[00:03:06] FOLLOW THOSE GUIDELINES. MARGIE,

[00:03:09] DO WE HAVE ANY COMMENTERS?

[00:03:13] >>CLERK: WE DO NOT HAVE — NONE,

[00:03:17] CHAIR GILMORE.

[00:03:19] >>MARIE GILMORE, CHAIR: THANK

[00:03:20] YOU. I ASSUME THAT MEANS THERE’S

[00:03:22] NOBODY AT THE REMOTE LOCATIONS

[00:03:24] WILLING TO SPEAK, READY TO

[00:03:26] SPEAK?

[00:03:27] >>CLERK: CORRECT.

[00:03:30] >>MARIE GILMORE, CHAIR: GREAT.

[00:03:31] THANK YOU. OKAY. ON TO ITEM

[00:03:33] NUMBER 4. WE’VE ALL BEEN

[00:03:35] FURNISHED WITH DRAFT MINUTES

[00:03:36] FROM OUR LAST MEETING. COMMITTEE

[00:03:38] MEMBERS, I WOULD APPRECIATE A

[00:03:39] MOTION AND A SECOND TO APPROVE

[00:03:41] THOSE.

[00:03:42] >>REBECCA EISEN: SO MOVED.

[00:03:44] >>JOHN VASQUEZ: SECOND.

[00:03:45] >>MARIE GILMORE, CHAIR: OKAY. WE

[00:03:46] HAVE A MOTION FROM COMMISSIONER

[00:03:48] EISEN AND A SECOND FROM JOHN

[00:03:50] VASQUEZ. ARE THERE ANY

[00:03:50] OBJECTIONS TO THE MOTION? ANY

[00:03:51] ABSTENTIONS? MOTION CARRIES

[00:03:53] UNANIMOUSLY. THANK YOU ALL. ITEM

[00:03:56] FIVE ON THE AGENDA IS OUR

[00:03:57] ENFORCEMENT REPORT. THE

[00:03:59] ENFORCEMENT POLICY MANAGER,

[00:04:02] MATTHEW TRUJILLO, WILL NOW

[00:04:03] PROVIDE THE ENFORCEMENT REPORT.

[00:04:04] MATTHEW?

[00:04:05] >>REBECCA EISEN: YOU’RE MUTED.

[00:04:07] >>MARIE GILMORE, CHAIR: MATTHEW,

[00:04:10] YOU’RE MUTED.

[00:04:13] >>MATTHEW TRUJILLO: SORRY ABOUT

[00:04:29] THAT. GOOD MORNING, CHAIR,

[00:04:31] COMMITTEE MEMBERS, AND GREETINGS

[00:04:33] TO ALL THE PUBLIC IN ATTENDANCE.

[00:04:34] I HAVE A VERY SHORT UPDATE

[00:04:37] REPORT TODAY, BUT REST ASSURED

[00:04:39] THAT WE ARE WORKING HARD EVERY

[00:04:40] DAY CONDUCTING SITE VISITS AND

[00:04:42] PATROLS, DISCUSSING AND

[00:04:45] EVALUATING CONTINUOUS PROGRAM

[00:04:47] IMPROVEMENTS AND PUSHING

[00:04:48] PROGRESS ON OUR CASE QUEUES AND

[00:04:51] DOING BUSINESS AS USUAL. FIRST

[00:04:53] I’D LIKE TO WELCOME STAFF

[00:04:56] ATTORNEY MICHAEL NG, WHO IS

[00:05:03] SITTING IN FOR GREG, WHO IS

[00:05:05] UNAVAILABLE THIS MORNING. THANK

[00:05:07] YOU FOR BEING HERE, MICHAEL. THE

[00:05:09] ONLY ITEM I HAVE TODAY IS A CASE

[00:05:12] UPDATE SINCE MY LAST UPDATE THAT

[00:05:14] I DELIVERED ON JANUARY 24th OF

[00:05:16] 2024. IN THE PAST TWO MONTHS WE

[00:05:18] OPENED 11 NEW CASES AND RESOLVED

[00:05:20] 8 CASES. AS OF TODAY, THERE ARE

[00:05:21] 78 UNRESOLVED CASES IN THE

[00:05:22] QUEUE. THAT’S ALL I HAVE TO

[00:05:23] REPORT OUT TODAY. SO, I’LL BE

[00:05:25] GLAD TO ENTERTAIN ANY FOLLOW UP

[00:05:26] QUESTIONS ABOUT THE STATUS OF

[00:05:28] THE PROGRAM FROM THE COMMITTEE

[00:05:30] AT THIS TIME.

[00:05:31] >>MARIE GILMORE, CHAIR: ANY

[00:05:32] MEMBERS OF THE COMMITTEE WITH

[00:05:33] QUESTIONS? THAT WAS ALMOST AT

[00:05:37] THE SAME TIME, BUT I THINK I SAW

[00:05:39] JOHN FIRST.

[00:05:41] >>JOHN VASQUEZ: MATTHEW, THE

[00:05:42] QUESTION OF WHITE SLOUGH IN

[00:05:44] VALLEJO, YOU KNOW, THERE’S A LOT

[00:05:48] OF HOMELESS ENCAMPMENT IN THE

[00:05:50] CITY, THE COUNTY, CALTRANS, I’M

[00:05:52] NOT SURE WHO’S RESPONSIBLE

[00:05:53] FOR — WHAT’S THE WORD —

[00:05:59] HELPING TO CLEAN THE PLACE UP.

[00:06:00] DOES THAT FALL UNDER BCDC’S

[00:06:03] JURISDICTION?

[00:06:05] >>MATTHEW TRUJILLO: YES, IT

[00:06:06] DOES. YES, WE HAVE AN

[00:06:10] ENFORCEMENT CASE PENDING THAT WE

[00:06:12] ARE WORKING ON. IT’S A VERY

[00:06:16] LARGE-SCALE PROBLEM AT WHITE

[00:06:19] SLOUGH.

[00:06:21] >>JOHN VASQUEZ: YES.

[00:06:22] >>MATTHEW TRUJILLO: IN TERMS OF

[00:06:25] THE EXTENT OF THE HOMELESS. THE

[00:06:30] JURISDICTIONAL QUESTIONS ARE

[00:06:31] VERY KIND OF NUANCED. FOR

[00:06:32] EXAMPLE, BECAUSE WHITE SLOUGH IS

[00:06:36] REALLY AN OFFSHOOT OF THE NAPA

[00:06:40] RIVER OR IT ORIGINATES FROM

[00:06:44] THE NAPA RIVER, WHICH IS A

[00:06:46] CERTAIN WATERWAY BY

[00:06:47] EXTENSION. WHITE SLOUGH,

[00:06:48] ITSELF, IS CONSIDERED PART OF

[00:06:50] THAT CERTAIN WATERWAY REGIME

[00:06:52] WHICH MEANS WE DO NOT HAVE

[00:06:53] SHORELINE BAND, WHICH MEANS

[00:06:54] THAT ANYTHING OCCURRING ON

[00:06:58] THE SHORELINE IS, TECHNICALLY,

[00:06:59] WHAT DOES NOT FALL WITHIN A

[00:07:01] TRADITIONAL JURISDICTION.

[00:07:03] THERE ARE SOME QUESTIONS

[00:07:04] BECAUSE WHITE SLOUGH

[00:07:06] HAS ITS OWN LAW AND IT HAS ITS

[00:07:10] OWN AREA. SO, THERE

[00:07:16] ARE SOME QUESTIONS ABOUT HOW

[00:07:17] FAR WE CAN —

[00:07:19] >>JOHN VASQUEZ: OKAY.

[00:07:21] >>MATTHEW TRUJILLO: — GO IN

[00:07:22] TERMS OF ENFORCEMENT.

[00:07:24] >>JOHN VASQUEZ: CAN YOU SEND ME

[00:07:25] AN EMAIL ON THAT SO I CAN HELP

[00:07:27] OUR FOLKS TRY TO WORK THROUGH

[00:07:28] IT?

[00:07:29] >>MATTHEW TRUJILLO: OKAY. I DO

[00:07:30] WANT TO MAKE ONE MORE POINT IF I

[00:07:31] MAY.

[00:07:32] >>JOHN VASQUEZ: YES.

[00:07:33] >>MATTHEW TRUJILLO: ABOUT THE

[00:07:34] OWNERSHIP. THERE ARE A NUMBER OF

[00:07:35] OWNERS — PRIVATE OWNERS AND

[00:07:39] PUBLIC OWNERS, SO THAT FURTHER

[00:07:42] COMPLICATES THIS MATTER. THERE’S

[00:07:43] ONLY ONE PARCEL OR ONE OWNER

[00:07:46] THAT HAS A PERMIT THAT WE CAN

[00:07:49] ACTUALLY TAKE ACTION ON. THAT

[00:07:52] HAPPENS TO BE WE BELIEVE THE

[00:07:56] STATE OF CALIFORNIA, EITHER THEM

[00:07:57] OR THE CITY, THERE’S SOME

[00:08:00] DISAGREEMENT ABOUT THAT,

[00:08:01] DEPENDING ON WHAT THEIR CONTRACT

[00:08:02] WITH ONE ANOTHER SAYS. AND WE

[00:08:04] MAY BE ABLE TO TAKE MORE

[00:08:06] ASSERTIVE ACTION IN THE

[00:08:08] SHORELINE, BASED ON THAT

[00:08:10] PERMIT.

[00:08:11] >>JOHN VASQUEZ: WELL, THANK YOU.

[00:08:12] WE’RE LOOKING FOR HELP.

[00:08:14] >>MATTHEW TRUJILLO: OKAY.

[00:08:15] >>JOHN VASQUEZ: NOBODY SEEMS TO

[00:08:16] KNOW WHO’S ON FIRST AND — I

[00:08:19] THINK WHO’S ON FIRST, ISN’T IT?

[00:08:23] THANK YOU.

[00:08:24] >>MARIE GILMORE, CHAIR: ISN’T

[00:08:26] OPENING DAY TOMORROW? JUST —

[00:08:29] ANYWAY, REBECCA?

[00:08:31] >>REBECCA EISEN: THANK YOU.

[00:08:33] MATTHEW, I CAN’T REMEMBER FROM

[00:08:36] THE LAST TIME YOU REPORTED TO US

[00:08:39] ON THE TOTAL NUMBER OF CASES

[00:08:42] PENDING, IS 78 MORE OR LESS?

[00:08:44] >>MATTHEW TRUJILLO: 78 IS MORE.

[00:08:45] I BELIEVE THE LAST TIME I

[00:08:47] REPORTED OUT — WELL,

[00:08:49] UNFORTUNATELY, STRICTLY

[00:08:51] SPEAKING, THE JANUARY 24TH

[00:08:53] ENFORCEMENT REPORT WOULD NOT

[00:08:56] OPEN FOR ME THIS MORNING. I HAD

[00:08:58] TO GO BACK ONE. THAT WAS AT 71.

[00:09:00] SO IT WAS AROUND THAT. WE’VE

[00:09:01] GONE UP A LITTLE, UNFORTUNATELY.

[00:09:03] >>REBECCA EISEN: IS IT POSSIBLE

[00:09:05] TO HAVE SOME KIND OF A DYNAMIC

[00:09:08] REPORT THAT IS JUST CURRENT AT

[00:09:10] ALL TIMES? YOU KNOW, YOU ADD AND

[00:09:12] SUBTRACT FROM IT AND HAVE IT

[00:09:15] AVAILABLE ON THE WEBSITE? IS

[00:09:17] THAT POSSIBLE? IS THERE SOME

[00:09:19] CONCERNS ABOUT DOING IT THAT

[00:09:21] WAY?

[00:09:23] >>MATTHEW TRUJILLO: I THINK THE

[00:09:25] ANSWER TO BOTH THOSE QUESTIONS

[00:09:28] IS YES. I THINK WE HAVE TALKED

[00:09:30] ABOUT MAYBE TRYING TO DO

[00:09:32] SOMETHING OF THAT NATURE, HAVING

[00:09:34] A REALTIME COUNT. THE PROBLEM IS

[00:09:36] IT WOULD BE — BECAUSE WE DON’T

[00:09:38] HAVE A VERY ROBUST SYSTEM THAT

[00:09:39] WE CAN AUTOMATE, WE HAVE TO DRAW

[00:09:40] FROM A NUMBER OF RESOURCES AND

[00:09:42] IT WOULD TAKE A LOT OF CURATING,

[00:09:43] WHICH MEANS A LOT OF TIME. AND

[00:09:45] SO, I’M NOT SURE IF IT’S

[00:09:46] SOMETHING WE COULD REALISTICALLY

[00:09:47] PULL OFF OR MAINTAIN FOR THE

[00:09:49] LONG TERM.

[00:09:50] >>REBECCA EISEN: AND I KNOW THAT

[00:09:51] THE FOLKS ARE LOOKING AT OUR

[00:09:52] PROCESSES AND TRYING TO FIGURE

[00:09:54] OUT WAYS THAT WE CAN IMPROVE. I

[00:09:55] DON’T KNOW IF THAT REPORTING

[00:09:59] ASPECT OF IT IS PART OF WHAT

[00:10:01] THEY’RE LOOKING INTO. MAYBE

[00:10:03] THEY’LL HAVE SOME SUGGESTIONS TO

[00:10:05] MAKE IT EASIER. GOD KNOWS WE

[00:10:07] DON’T NEED ANYBODY SPENDING MORE

[00:10:09] TIME ON MATTERS LIKE THAT. THANK

[00:10:11] YOU.

[00:10:13] >>MATTHEW TRUJILLO: SURE.

[00:10:15] >>MARIE GILMORE, CHAIR: I HAVE A

[00:10:16] QUESTION. WE HAD TALKED QUITE

[00:10:19] AWHILE AGO ABOUT GETTING A NEW

[00:10:26] COMPUTER PROGRAM TO HELP WITH

[00:10:27] TRACKING OUR PERMITS AND JUST

[00:10:30] BASICALLY TRACKING WHAT’S GOING

[00:10:35] ON. I KNOW THAT WE HAD ISSUES

[00:10:38] BECAUSE OF, ONE, OBVIOUSLY

[00:10:41] FUNDING, BUT, TWO, NOT WANTING

[00:10:45] TO REINVENT THE WHEEL AND TO SEE

[00:10:48] WHO HAD MAYBE OTHER SYSTEMS IN

[00:10:51] PLACE FOR TRACKING SIMILAR

[00:10:54] THINGS TO WHAT WE DO. SO, AT

[00:10:58] SOME FUTURE MEETING, CAN WE GET

[00:11:01] JUST A BRIEF UPDATE ON WHAT’S

[00:11:04] GOING ON WITH ALL OF THAT? I’M

[00:11:06] SURE IT’S A COMPLEX SUBJECT AND

[00:11:09] I’M NOT SURE YOU HAVE TIME TO DO

[00:11:11] IT NOW.

[00:11:12] >>MATTHEW TRUJILLO: THIS IS

[00:11:13] TRUE. ALSO, I DON’T HAVE MUCH IN

[00:11:15] THE WAY OF INFORMATION. I CAN

[00:11:16] TELL YOU THAT THERE IS — THAT’S

[00:11:17] AN ONGOING DISCUSSION. THERE’S

[00:11:19] ONGOING WORK. I’M NOT PERSONALLY

[00:11:20] INVOLVED WITH THAT. I BELIEVE WE

[00:11:22] ACTUALLY HAVE MAYBE A DEDICATED

[00:11:24] TEAM, IF NOT A DEDICATED STAFF

[00:11:26] PERSON BRINGING THAT INTO

[00:11:28] FRUITION. I’M THINKING IF THERE

[00:11:30] IS A BRIEFING, I CAN BRING ONE

[00:11:32] HERE, BUT IT MIGHT BE SOMETHING

[00:11:33] WE WOULD WANT TO BRING TO THE

[00:11:35] COMMISSION AS A WHOLE. I’LL TAKE

[00:11:36] THAT BACK — THAT FEEDBACK BACK

[00:11:38] TO MY BOSSES AND LET THEM KNOW.

[00:11:40] >>MARIE GILMORE, CHAIR: THAT

[00:11:41] WOULD BE GREAT. EITHER HERE OR

[00:11:43] FOR THE FULL COMMISSION, I FEEL

[00:11:44] LIKE WE HAD A LOT OF DISCUSSIONS

[00:11:46] ABOUT IT AT ONE POINT IN TIME. I

[00:11:48] FEEL LIKE IT JUST DROPPED OFF

[00:11:50] THE RADAR. SO —

[00:11:52] >>MATTHEW TRUJILLO: OH, NO.

[00:11:53] >>MARIE GILMORE, CHAIR: I MEAN

[00:11:55] FOR THE COMMISSION AND THE

[00:11:56] COMMITTEE. I’M SURE THERE’S A

[00:11:58] LOT OF WORK GOING ON BEHIND THE

[00:11:59] SCENES. I FEEL LIKE IT’S BEEN A

[00:12:01] LONG TIME SINCE ANYBODY’S

[00:12:03] BRIEFED US ON WHAT — WHAT THE

[00:12:04] PROGRESS IS, WHAT THE POTHOLES

[00:12:06] ARE, AND THINGS LIKE THAT.

[00:12:08] >>MATTHEW TRUJILLO: I TOTALLY

[00:12:10] UNDERSTAND. YES, I WILL — OKAY.

[00:12:12] I WILL TAKE THAT BACK.

[00:12:13] >>MARIE GILMORE, CHAIR: THANK

[00:12:15] YOU. DO ANY MEMBERS OF THE

[00:12:17] PUBLIC HAVE QUESTIONS ON THE

[00:12:20] ENFORCEMENT REPORT? SEEING

[00:12:25] NONE —

[00:12:27] >>MARGIE MALAN,CLERK: NONE.

[00:12:29] >>MARIE GILMORE, CHAIR: THANK

[00:12:31] YOU, MARGIE. WE’RE GOING ON TO

[00:12:34] ITEM NUMBER SIX, WHICH IS A

[00:12:36] HEARING AND VOTE ON THE

[00:12:38] RECOMMENDED ENFORCEMENT DECISION

[00:12:39] TO RESOLVE ER 2015.024.00, THE

[00:12:41] CITY OF SAN RAFAEL. SO IT’S —

[00:12:43] WE’LL HAVE A PRESENTATION AND

[00:12:44] VOTE ON PROPOSED RESOLUTION TO

[00:12:51] ADOPT A PROPOSED SETTLEMENT

[00:12:56] AGREEMENT WITH THE CITY OF SAN

[00:12:58] RAFAEL, WHO IS THE OWNER OF

[00:13:00] RECORD OF THE SUBJECT PROPERTY

[00:13:02] OF ER 2015.024.00 STARKWEATHER

[00:13:05] PARK IN SAN RAFAEL, MARIN

[00:13:11] COUNTY. THE CITY HAS CLOSED THE

[00:13:14] REQUIRED PUBLIC RESTROOM AT THE

[00:13:18] PARK FOR APPROXIMATELY 38 YEARS

[00:13:21] AND COUNTING. IF THIS COMMITTEE

[00:13:25] VOTES TO ADOPT THIS RECOMMENDED

[00:13:27] ENFORCEMENT DECISION, WHICH

[00:13:30] INCLUDES A PROPOSED SETTLEMENT

[00:13:34] AGREEMENT, THEN IT WILL BE PUT

[00:13:35] UP FOR A VOTE OF APPROVAL OR

[00:13:37] REJECTION BY THE FULL COMMISSION

[00:13:39] AT ITS APRIL 18, 2024 MEETING,

[00:13:41] WHICH IS SCHEDULED TO BE HELD

[00:13:43] ONLINE AND IN PERSON AT THE

[00:13:45] METRO CENTER LOCATED AT 375

[00:13:47] BEALE STREET IN SAN FRANCISCO

[00:13:50] COMMENCING AT 1:00 P.M.

[00:13:52] AFTER BCDC STAFF GIVES ITS

[00:13:54] PRESENTATION, THE RESPONDENT

[00:13:58] WILL BE INVITED TO PRESENT ANY

[00:14:01] REMARKS IT WISHES TO ENTER INTO

[00:14:03] THE RECORD. THEN I’LL ALLOW

[00:14:05] PUBLIC COMMENT ON THIS ITEM. AND

[00:14:06] AFTERWARDS, WE THE COMMITTEE,

[00:14:08] SHALL HOLD OUR DISCUSSION AND

[00:14:10] VOTE ON STAFF’S RECOMMENDATION.

[00:14:13] PRESENTATIONS MADE BY THE

[00:14:15] PARTIES AS WELL AS PUBLIC

[00:14:18] COMMENTS TO FOLLOW SHALL BE

[00:14:21] LIMITED TO RESPONDING TO THE

[00:14:24] EVIDENCE ALREADY MADE PART OF

[00:14:27] THE ENFORCEMENT RECORD. THIS

[00:14:30] COMMITTEE SHALL NOT ALLOW THE

[00:14:32] INTRODUCTION OF NEW EVIDENCE OR

[00:14:34] ORAL TESTIMONY. SO, AT THIS

[00:14:35] TIME, WILL THE REPRESENTATIVE OR

[00:14:37] REPRESENTATIVES FOR THE CITY OF

[00:14:39] SAN RAFAEL PLEASE IDENTIFY

[00:14:40] THEMSELVES FOR THE RECORD?

[00:14:41] >>CONNOR MACLEAN: I’M CONNOR

[00:14:43] MACLEAN, ATTORNEY ON BEHALF OF

[00:14:45] SAN RAFAEL.

[00:14:47] >>FABIOLA GUILLEN: I’M FABIOLA

[00:14:49] GUILLEN, I’M WITH THE DEPARTMENT

[00:14:50] OF PUBLIC WORKS AND THE CITY OF

[00:14:51] SAN RAFAEL.

[00:14:54] >>MARIE GILMORE, CHAIR: THANK

[00:14:55] YOU SO MUCH AND WELCOME. NOW

[00:14:57] WE’LL HEAR PRESENTATION BY

[00:14:59] STAFF. I’M GOING TO INVITE

[00:15:00] ENFORCEMENT ANALYST ADRIENNE

[00:15:04] KLEIN TO GIVE HER REMARKS.

[00:15:06] >>ADRIENNE KLEIN: GOOD MORNING,

[00:15:11] CHAIR GILMORE, COMMISSIONERS.

[00:15:15] NICE TO MEET YOU CONNOR AND FABI

[00:15:17] IN PERSON. I HAVE A SLIDE

[00:15:21] PRESENTATION, I BELIEVE IT WILL

[00:15:23] BE — THERE IT IS. THANK YOU

[00:15:27] VERY MUCH. SO, WE CAN GO TO THE

[00:15:29] NEXT SLIDE, PLEASE. THIS FORMAL

[00:15:31] ENFORCEMENT PROCEEDING AS NOTED

[00:15:34] IS TO RESOLVE A SINGLE PERMIT

[00:15:36] VIOLATION INVOLVING A CLOSED

[00:15:38] PUBLIC RESTROOM AT STARKWEATHER

[00:15:40] PARK IN — ON FRANCISCO

[00:15:41] BOULEVARD IN THE CITY OF SAN

[00:15:43] RAFAEL. SO, THE PRESENTATION IS

[00:15:45] NOT LONG. LESS THAN TEN MINUTES.

[00:15:49] IT WILL IDENTIFY THE SITE WHERE

[00:15:51] THE VIOLATION IS OCCURRING,

[00:15:53] BRIEFLY REVIEW THE PERMIT AND

[00:15:55] ENFORCEMENT HISTORY, SUMMARIZE

[00:15:56] THE TERMS OF THE SETTLEMENT

[00:15:57] AGREEMENT THAT WILL RESOLVE THE

[00:15:59] VIOLATIONS, AND AS NOTED BY

[00:16:00] CHAIR GILMORE, CONCLUDE WITH THE

[00:16:01] STAFF RECOMMENDATION. NEXT

[00:16:02] SLIDE. SO, THE NEXT THREE SLIDES

[00:16:04] IDENTIFIES STARKWEATHER PARK IN

[00:16:05] THE CITY OF SAN RAFAEL NEAR THE

[00:16:07] WESTERN TERMINUS OF THE

[00:16:09] RICHMOND-SAN RAFAEL BRIDGE. YOU

[00:16:11] CAN SEE A RED CIRCLE THERE. NEXT

[00:16:13] SLIDE ZOOMS IN. ANOTHER RED

[00:16:15] CIRCLE SHOWING THE OFFICE PARK.

[00:16:18] AND NEXT SLIDE, PLEASE. SO, WITH

[00:16:20] THIS THIRD IMAGE, THERE IS

[00:16:25] ADEQUATE DETAIL THAT THE

[00:16:32] RESTROOM BUILDING IS VISIBLE

[00:16:34] INSIDE THE RED CLOUD-SHAPED

[00:16:35] BUBBLE AT THE BOTTOM LEFT IN THE

[00:16:38] IMAGE. FRANCISCO BOULEVARD IS

[00:16:42] LOCATED BELOW THE BOTTOM OF THE

[00:16:44] IMAGE, AND THE SHORELINE TRAIL

[00:16:46] THAT YOU CAN SEE BETWEEN THE

[00:16:49] RESTROOM BUILDING AND THE BEACH

[00:16:52] CONTINUES TO THE NORTH AND WEST

[00:16:54] ABOVE THE TOP OF THE IMAGE. SO,

[00:16:57] AS YOU CAN SEE AND AS NOTED IN

[00:16:58] THE PUBLIC COMMENT RECEIVED FROM

[00:17:00] BRUCE BEYAERT FROM THE TRAILS

[00:17:02] FROM RICHMOND ACCESS COMMITTEE,

[00:17:04] THIS IS AN IMPORTANT PUBLIC

[00:17:05] ACCESS SITE NOT JUST FOR THE

[00:17:06] LOCAL MARIN COUNTY COMMUNITY,

[00:17:07] BUT ALSO FOR EAST BAY RESIDENTS

[00:17:09] WHO MAY CHOOSE TO USE THE

[00:17:10] RICHMOND-SAN RAFAEL BRIDGE

[00:17:12] PUBLIC ACCESS. AND THE RESTROOM

[00:17:13] IS A VALUABLE PUBLIC BENEFIT

[00:17:17] WHICH HAS BEEN ABSENT FOR TOO

[00:17:20] LONG. NEXT SLIDE. THIS IMAGE

[00:17:23] FROM GOOGLE EARTH IS A STREET

[00:17:26] VIEW OR GROUND VIEW OF THE

[00:17:30] RESTROOM LOOKING TO THE NORTH.

[00:17:33] THE BEACH IS TO THE RIGHT.

[00:17:35] FRANCISCO BOULEVARD IS BEHIND

[00:17:38] THE IMAGE. AND THE PARK, THE

[00:17:40] PUBLIC PARKING REQUIRED BY THIS

[00:17:41] PERMIT IS LOCATED JUST TO THE

[00:17:43] RIGHT OF THE IMAGE THAT WE SAW

[00:17:45] IN THE LAST — THE LAST IMAGE

[00:17:48] THAT I SHOULD HAVE POINTED OUT

[00:17:53] THERE. SO, GO AHEAD TO THE NEXT

[00:17:57] SLIDE, PLEASE. THE FORMAL

[00:18:00] ENFORCEMENT PROCEEDING SEEKS TO

[00:18:02] RESOLVE A SINGLE VIOLATION, THE

[00:18:05] FAILURE TO MAINTAIN A PUBLIC

[00:18:07] RESTROOM IN VIOLATION OF PERMIT

[00:18:11] CONDITION II.B.4 OF THE

[00:18:13] 1978.028.05 PERMIT. NEXT SLIDE.

[00:18:15] SO, WE’LL SPEND MOST OF THE TIME

[00:18:20] HERE. VERY BRIEFLY, THE PERMIT

[00:18:26] AUTHORIZES A PORTION OF TWO

[00:18:29] COMMERCIAL BUILDINGS AND FILL

[00:18:32] PLACEMENT FOR PAVED ROADS AND

[00:18:33] PARKING IN THE COMMISSION’S

[00:18:35] 100-FOOT SHORELINE BAND

[00:18:37] JURISDICTION. AS JUST NOTED, THE

[00:18:40] PERMIT REQUIRES A SERIES OF

[00:18:43] PUBLIC ACCESS IMPROVEMENTS AS

[00:18:45] USUAL. AND AGAIN, AS USUAL,

[00:18:47] REQUIRES THOSE IMPROVEMENTS TO

[00:18:49] BE MAINTAINED. AND IN THIS CASE,

[00:18:51] THE RESTROOM WAS OPENED, BUT

[00:18:54] CLOSED AND THEN FROM THAT POINT

[00:18:57] NOT MAINTAINED OPEN. THE

[00:19:01] COMMERCIAL FACILITY HAS BEEN IN

[00:19:06] USE SINCE AT LEAST 1987, AND

[00:19:08] WHILE THE PUBLIC RESTROOM, AS I

[00:19:10] JUST NOTED WAS OPENED AND

[00:19:12] CONSTRUCTED PURSUANT TO APPROVED

[00:19:15] PLANS IN SEPTEMBER OF 1985, IT

[00:19:17] WAS CLOSED SIX MONTHS LATER IN

[00:19:19] MARCH 1986, AND HAS REMAINED

[00:19:20] CLOSED SINCE THEN. BCDC BECAME

[00:19:23] AWARE OF THIS CLOSURE IN 2015,

[00:19:25] AND OPENED AN ENFORCEMENT CASE

[00:19:29] AND NOTIFIED RESPONDENT OF ITS

[00:19:32] PERMIT VIOLATION. DESPITE MORE

[00:19:35] THAN SEVEN YEARS OF EFFORT BY

[00:19:38] BOTH CITY STAFF AND BCDC STAFF,

[00:19:40] ESPECIALLY CITY STAFF, THE

[00:19:43] RESTROOMS REMAINED CLOSED. AS A

[00:19:46] RESULT, BCDC ISSUED A VIOLATION

[00:19:49] REPORT ON JANUARY 30, 2024 TO

[00:19:51] CAUSE RESOLUTION OF THIS

[00:19:54] LONGSTANDING VIOLATION. I’M NOT

[00:19:57] SPENDING TIME ON THE DETAILS

[00:20:00] DURING THAT SEVEN-YEAR PERIOD.

[00:20:03] THEY ARE LAID OUT IN THE

[00:20:05] FINDINGS WITH THE SETTLEMENT

[00:20:08] AGREEMENT AND THEN THE VIOLATION

[00:20:10] REPORT THAT WAS PUBLISHED. IF

[00:20:13] THERE ARE ANY QUESTIONS, THEY

[00:20:15] CAN BE ANSWERED, IF RELEVANT.

[00:20:17] SO, COMING RIGHT UP TO THE

[00:20:19] PRESENT, A WEEK PRIOR TO ISSUING

[00:20:21] THE VIOLATION REPORT, I MADE

[00:20:23] CONTACT WITH FABIOLA, AND GOT A

[00:20:26] VERY POSITIVE UPDATE WHICH WAS

[00:20:29] THAT IN THE INTERVENING TIME

[00:20:32] BETWEEN THE LAST ENFORCEMENT

[00:20:34] ANALYST AND MYSELF WORKING ON

[00:20:37] THE CASE, THE RESTROOM, IN FACT,

[00:20:40] HAD BEEN RESTORED ACCORDING TO

[00:20:42] STAFF-APPROVED PLANS. SO, THAT

[00:20:46] STEP HAD BEEN ACHIEVED. HOWEVER,

[00:20:49] THE NOT SO GOOD NEWS WAS THAT

[00:20:51] THERE WAS ANOTHER ISSUE, WHICH

[00:20:55] WAS THAT THE ELECTRICAL CONDUIT

[00:20:57] WAS INSTALLED ON PRIVATE, NOT

[00:21:00] PUBLIC PROPERTY, RENDERING PG&E

[00:21:02] UNWILLING TO TURN POWER ON TO

[00:21:04] THE RESTROOM UNTIL THAT PRIVATE

[00:21:07] PROPERTY OWNER HAD PROVIDED AN

[00:21:09] EASEMENT TO THE CITY. IN ORDER

[00:21:12] TO SPEED THAT PROCESS UP, THE

[00:21:15] CITY NEGOTIATED WITH PG&E AND

[00:21:18] THE PRIVATE PROPERTY OWNER TO

[00:21:22] ACCEPT A LETTER WHILE AN

[00:21:25] EASEMENT IS IN PROCESS. SO, PG&E

[00:21:28] AGREED THAT A LETTER WOULD

[00:21:31] SUFFICE WITH THE COMMITMENT THAT

[00:21:34] AN EASEMENT WOULD BE

[00:21:37] FORTHCOMING. AND THAT RESULTED

[00:21:40] IN PG&E BEING WILLING TO

[00:21:42] SCHEDULE AN APPOINTMENT, SITE

[00:21:44] VISIT TO TURN ON THE POWER ON

[00:21:47] APRIL 10TH. SO, THAT IS ALL

[00:21:50] POSITIVE NEWS. SO, WITH THAT, ON

[00:21:55] MARCH 4TH, BCDC COUNSEL AND CITY

[00:22:00] OF SAN RAFAEL COUNSEL HELD A

[00:22:04] CONFIDENTIAL NEGOTIATION THAT

[00:22:06] RESULTED IN AN AGREEMENT TO

[00:22:09] SETTLE THIS MATTER AS FOLLOWS.

[00:22:11] WE CAN NOW MOVE TO THE NEXT

[00:22:14] SLIDE. AND, SO, THE SETTLEMENT

[00:22:16] AGREEMENT — IN THE SETTLEMENT

[00:22:20] AGREEMENT, THE CITY AGREES BY

[00:22:24] THE 10TH TO OPEN THE RESTROOM TO

[00:22:26] THE PUBLIC AND SUBMIT EVIDENCE

[00:22:29] OF HAVING DONE SO. PHOTOGRAPHIC

[00:22:32] EVIDENCE AND A PERMIT NOTICE OF

[00:22:35] COMPLETION THAT CONFIRMS THAT

[00:22:37] THE FACILITIES HAVE BEEN

[00:22:40] INSTALLED CONSISTENT WITH THE

[00:22:43] APPROVED PLANS. AS PART OF THIS

[00:22:46] SETTLEMENT AGREEMENT, THE CITY

[00:22:49] HAS AGREED TO PAY CIVIL PENALTY.

[00:22:51] THE FULL PENALTY WOULD BE

[00:22:54] $30,000 BY MAY 10TH, OR IF THE

[00:22:56] CITY DEMONSTRATES THAT IT HAS

[00:22:58] OPENED THE PUBLIC RESTROOM AS

[00:23:01] PER THE PRIOR COMMITMENT,

[00:23:04] ACCORDING TO APPROVED PLANS AND

[00:23:06] ALL BY APRIL 27TH, THEN THE

[00:23:09] CIVIL PENALTY WOULD BE HALF OF

[00:23:12] 30,000, 15,000 WOULD BE DUE BY

[00:23:14] MAY 6TH. IN ADDITION TO OPENING

[00:23:17] THE PUBLIC RESTROOM, THERE IS A

[00:23:19] TEMPORARY PORTA-POTTY, THAT

[00:23:24] SHOULD BE REMOVED, AND THERE IS

[00:23:27] SOME MISSING LANDSCAPING THAT

[00:23:29] WILL ALSO BE RESTORED. WITH

[00:23:32] THAT, NEXT SLIDE, STAFF IS

[00:23:34] THEREFORE RECOMMENDING THAT THE

[00:23:36] COMMITTEE RECOMMEND THAT THE

[00:23:39] FULL COMMISSION ADOPT THE

[00:23:41] PROPOSED SETTLEMENT AGREEMENT TO

[00:23:44] RESOLVE ENFORCEMENT CASE

[00:23:47] 2015.024. THAT CONCLUDES THE

[00:23:49] STAFF PRESENTATION. THANK YOU.

[00:23:52] >>MARIE GILMORE, CHAIR: THANK

[00:23:54] YOU, ADRIENNE. I WOULD LIKE TO

[00:23:57] INVITE REPRESENTATIVES FROM THE

[00:24:01] CITY OF SAN RAFAEL TO MAKE THEIR

[00:24:03] PRESENTATION OR WHATEVER

[00:24:06] COMMENTS YOU WOULD LIKE TO MAKE.

[00:24:09] >>CONNOR MACLEAN: HI THERE,

[00:24:11] CONNOR MACLEAN, ATTORNEY ON

[00:24:13] BEHALF OF CITY OF SAN RAFAEL.

[00:24:16] ADRIENNE, THANKS SO MUCH FOR

[00:24:18] WORKING WITH US ON THIS. WE

[00:24:21] REALLY APPRECIATE IT. I THINK

[00:24:23] THIS IS A RESULT — THIS

[00:24:24] SETTLEMENT AGREEMENT IS A RESULT

[00:24:25] THAT IS GOOD FOR EVERYONE. IT’S

[00:24:27] GOOD FOR THE CITY BECAUSE IT

[00:24:29] SAVES THE CITY MONEY THAT THE

[00:24:30] CITY CAN USE TO ACTUALLY OPEN

[00:24:31] THIS RESTROOM, WHICH IS WHAT

[00:24:33] EVERYONE HERE WANTS. YOU KNOW,

[00:24:35] THE CITY IS ON THE VERGE OF

[00:24:36] OPENING IT, AND IT’S A RESULT

[00:24:38] THAT IS BENEFICIAL TO THE

[00:24:41] PUBLIC, TO BCDC AND TO THE CITY.

[00:24:43] I JUST WANT TO CLARIFY REALLY

[00:24:45] QUICK, LET ME KNOW, MICHAEL, IF

[00:24:47] THIS IS YOUR READING OF THE

[00:24:49] AGREEMENT, TOO. ADRIENNE, I

[00:24:54] THINK SOME OF THE TIMELINE WAS A

[00:24:58] LITTLE BIT OFF. THE AGREEMENT IS

[00:25:01] APRIL 27TH, OPEN THE BATHROOM,

[00:25:06] RESTORE — REMOVE THE TEMPORARY

[00:25:13] TOILET, HAVE THE WATER FOUNTAINS

[00:25:16] AVAILABLE, THEN — SORRY, APRIL

[00:25:23] 27TH IS OPEN BATHROOM AND OPEN

[00:25:25] WATER FOUNTAIN AND WATER BOTTLE

[00:25:26] FILLING STATION. MAY 6TH IS

[00:25:28] REMOVE TEMPORARY TOILET, THERE

[00:25:31] IS CURRENTLY A PORTA-POTTY

[00:25:34] THERE, HAND WASHING STATION,

[00:25:36] RESTORE LANDSCAPING. THAT’S BY

[00:25:38] MAY 6TH. MAY 10TH IS PAYMENT

[00:25:40] DATE IN ANY CASE. SO MAY 10TH IS

[00:25:41] IF THAT STUFF DOESN’T HAPPEN,

[00:25:45] THEN ON MAY 10TH THE CITY OWES

[00:25:46] $30,000. IF THOSE THINGS

[00:25:48] HAPPENED BY APRIL 27TH AND MAY

[00:25:50] 6TH, THEN ON MAY 10TH THE CITY

[00:25:51] OWES $15,000. I JUST WANTED TO

[00:25:53] CONFIRM THAT IS THE — THE

[00:25:55] CORRECT TIMELINE.

[00:25:57] >>ADRIENNE KLEIN: I’LL PULL UP

[00:26:01] THE SETTLEMENT AGREEMENT. I

[00:26:04] DIDN’T NEGOTIATE IT, SO MAYBE I

[00:26:07] READ IT INCORRECTLY.

[00:26:09] >>CONNOR MACLEAN: YEAH. IT’S ON

[00:26:12] — IF YOU WANT TO PULL UP THE

[00:26:14] SETTLEMENT AGREEMENT, IT’S PAGE

[00:26:15] SEVEN, POINT THREE.

[00:26:27] >>MICHAEL NG: MICHAEL NG, STAFF

[00:26:29] ATTORNEY. I ALSO WAS NOT

[00:26:31] INVOLVED IN THE DRAFTING OF

[00:26:34] THIS, I DID READ IT LAST NIGHT.

[00:26:36] I THINK MY RECOLLECTION — I’M

[00:26:38] PULLING IT UP. ADRIENNE’S ON MY

[00:26:41] COMPUTER AT THE MOMENT SO I’M

[00:26:43] PULLING IT UP ON MY PHONE. MY

[00:26:46] RECOLLECTION IS THAT CONNOR’S

[00:26:47] CHARACTERIZATION OF THE TIMING

[00:26:49] REQUIREMENTS IS ACCURATE. LET ME

[00:26:50] JUST TAKE A MINUTE TO JUST TAKE

[00:26:52] A LOOK AT IT AGAIN. SO, MAY 10TH

[00:26:54] BEING THE DATE THAT EITHER THE

[00:27:04] 30,000 OR THE 15,000 IS PAID

[00:27:11] DEPENDING ON WHAT CORRECTIVE

[00:27:15] ACTION — IF THE CORRECTIVE

[00:27:18] ACTION IS TAKEN BY APRIL 27TH

[00:27:22] WITH REGARD TO MAKING THE

[00:27:28] PERMANENT RESTROOM FACILITIES

[00:27:31] AND WATER FOUNTAIN/BOTTLE

[00:27:33] FILLING STATION AVAILABLE BY

[00:27:35] APRIL 27TH, AND BY MAY 6TH

[00:27:37] RESTORING AND REMOVING THE

[00:27:39] TEMPORARY TOILET AND HAND

[00:27:41] WASHING STATION AND RESTORING

[00:27:43] THE LANDSCAPE BEHIND THE

[00:27:45] RESTROOM. IS THAT YOUR — I

[00:27:47] THINK THAT’S CONSISTENT WITH

[00:27:48] WHAT YOU JUST SAID?

[00:27:50] >>CONNOR MACLEAN: THAT’S RIGHT.

[00:27:51] THAT’S THE CITY’S UNDERSTANDING

[00:27:52] AS WELL.

[00:27:54] >>MICHAEL NG: YEAH. THIS —

[00:27:56] OBVIOUSLY THIS GOES WITHOUT

[00:27:58] SAYING, BUT IF THOSE, I GUESS,

[00:28:01] MILESTONES ARE NOT MET, PAYMENT

[00:28:06] BY MAY 10TH OF THE 30,000 IS

[00:28:12] ALSO THE DATE BY WHICH THE CITY

[00:28:15] WOULD HAVE THE PERMANENT

[00:28:18] RESTROOM OPEN?

[00:28:23] >>CONNOR MACLEAN: YEAH. YEAH, I

[00:28:26] MEAN —

[00:28:28] >>MARIE GILMORE, CHAIR: WAIT A

[00:28:29] MINUTE. I’M CONFUSED NOW. IT

[00:28:32] SOUNDS LIKE THE RESTROOM HAD TO

[00:28:34] BE OPENED BY THE 27TH, AND IF

[00:28:36] THAT DIDN’T HAPPEN, THE 30,000

[00:28:38] WAS DUE — HOLD ON HERE.

[00:28:40] >>CONNOR MACLEAN: ON THE 10TH.

[00:28:48] >>MARIE GILMORE, CHAIR: ON MAY

[00:28:50] 10TH. BUT THERE’S NOTHING THAT

[00:28:51] SAYS THAT IF YOU MISS THE APRIL

[00:28:52] 27TH DATE THAT THE RESTROOM HAS

[00:28:55] TO BE OPEN BY MAY 10TH. IS THAT

[00:28:57] TRUE?

[00:28:59] >>MATTHEW TRUJILLO: NO, THAT’S

[00:29:01] NOT TRUE. PART ONE OF PAGE SEVEN

[00:29:04] CEASE AND DESIST CONTAINS THE

[00:29:07] PHRASE —

[00:29:10] >>MARIE GILMORE, CHAIR: I SEE IT

[00:29:13] NOW. THANK YOU.

[00:29:15] >>MICHAEL NG: SO I THINK WE’RE

[00:29:17] COVERED.

[00:29:19] >>MARIE GILMORE, CHAIR: OKAY.

[00:29:22] SO, I’M GOING TO ASK THE CITY OF

[00:29:24] SAN RAFAEL, DO YOU AGREE TO THE

[00:29:26] TERMS OF THE SETTLEMENT

[00:29:28] AGREEMENT?

[00:29:30] >>CONNOR MACLEAN: YEAH. WE’RE AT

[00:29:33] A SIMILAR PLACE IN ACCEPTING

[00:29:35] THIS AGREEMENT AS YOU ARE. STAFF

[00:29:40] RECOMMENDED THE APPROVAL. THE

[00:29:42] CITY MANAGER SIGNED, BUT THE

[00:29:44] CITY MANAGER ONLY HAS AUTHORITY

[00:29:46] TO SIGN FOR THINGS UP TO

[00:29:47] $20,000. SO, THIS WILL BE ON THE

[00:29:49] CITY’S AGENDA FOR THE APRIL 15TH

[00:29:51] CITY COUNCIL HEARING, AT WHICH

[00:29:53] STAFF WILL RECOMMEND THE CITY

[00:29:57] COUNCIL ENTER INTO AND APPROVE

[00:29:59] THE SETTLEMENT AGREEMENT AND WE

[00:30:01] EXPECT THE CITY COUNCIL WILL

[00:30:04] ACCEPT.

[00:30:06] >>MARIE GILMORE, CHAIR: OKAY.

[00:30:08] GREAT. DO ANY MEMBERS OF THE

[00:30:10] ENFORCEMENT COMMITTEE HAVE

[00:30:13] CLARIFYING QUESTIONS OR ANY

[00:30:15] QUESTIONS FOR EITHER STAFF OR

[00:30:17] THE CITY?

[00:30:19] >>JOHN VASQUEZ: MARIE, THIS IS

[00:30:21] JOHN.

[00:30:22] >>MARIE GILMORE, CHAIR: YEAH.

[00:30:23] >>JOHN VASQUEZ: WHAT IF NOTHING

[00:30:25] HAPPENS?

[00:30:26] >>MATTHEW TRUJILLO: DO YOU MEAN

[00:30:27] IF THE CITY JUST — DO YOU MEAN

[00:30:29] IF THE SETTLEMENT AGREEMENT IS

[00:30:33] NOT APPROVED OR IF THE CITY DOES

[00:30:34] NOT LIVE UP TO THE TERMS OF THE

[00:30:35] SETTLEMENT AGREEMENT?

[00:30:37] >>JOHN VASQUEZ: DOES NOT LIVE UP

[00:30:38] TO THE TERMS. SOMETHING HAPPENS.

[00:30:39] >>MATTHEW TRUJILLO: IN THAT

[00:30:40] EVENT, WE HAVE A COUPLE OF

[00:30:43] OPTIONS. I’M CHANNELING A

[00:30:45] DISCUSSION WITH GREG I HAD ABOUT

[00:30:47] THIS YESTERDAY. OPTION — THE

[00:30:49] POTENTIAL OPTION WOULD BE TO

[00:30:51] THEN REFER THE MATTER DIRECTLY

[00:30:53] TO THE ATTORNEY GENERAL OR TO

[00:30:55] ISSUE AN ORDER THAT ORDERS THE

[00:30:58] CITY TO COMPLY WITH THE TERMS OF

[00:31:01] THE SETTLEMENT AGREEMENT.

[00:31:08] >>JOHN VASQUEZ: DOES THE FINE

[00:31:10] INCREASE THEN?

[00:31:11] >>MATTHEW TRUJILLO: FROM OUR

[00:31:15] PERSPECTIVE, NO. BECAUSE WE’RE

[00:31:17] ALREADY MAXED OUT. WE CAN’T

[00:31:19] CHARGE MORE THAN 30,000.

[00:31:21] HOWEVER, I’M LESS CLEAR ABOUT

[00:31:23] HOW IT WORKS IF THIS WERE TO GO

[00:31:25] TO COURT.

[00:31:27] >>JOHN VASQUEZ: IT STARTED IN

[00:31:28] 2015. IT’S BEEN NOW NINE YEARS?

[00:31:30] >>MATTHEW TRUJILLO: YES.

[00:31:32] >>JOHN VASQUEZ: ALL RIGHT. THANK

[00:31:33] YOU.

[00:31:38] >>MARIE GILMORE, CHAIR: ANY

[00:31:42] OTHER — REBECCA?

[00:31:44] >>REBECCA EISEN: SO, THIS MAY BE

[00:31:48] FOR MICHAEL, BUT DOES THE FULL

[00:31:50] COMMISSION NEED TO ALSO APPROVE

[00:31:51] THIS SETTLEMENT AGREEMENT AND IF

[00:31:53] SO, IN THE PRESENTATION TO THE

[00:31:56] COMMISSION, I THINK THERE SHOULD

[00:31:59] BE SOME DESCRIPTION, SUMMARY

[00:32:02] DESCRIPTION OF WHAT HAPPENED

[00:32:05] BETWEEN ’86 AND 2015. WHY THERE

[00:32:10] WAS NO EFFORT TO ENFORCE THE

[00:32:16] PERMIT DURING THAT 20-SOME-YEAR

[00:32:19] PERIOD. ALSO, A SUMMARY

[00:32:20] DESCRIPTION OF WHY THE

[00:32:23] NEGOTIATIONS BETWEEN 2015 AND

[00:32:28] NOW HAVE TAKEN THIS LONG.

[00:32:29] >>MATTHEW TRUJILLO: OKAY. WE CAN

[00:32:31] DO THAT.

[00:32:34] >>REBECCA EISEN: AM I RIGHT THAT

[00:32:35] THE COMMISSION NEEDS TO APPROVE

[00:32:37] THIS SETTLEMENT AGREEMENT ALSO?

[00:32:39] >>MATTHEW TRUJILLO: YOU ARE

[00:32:40] CORRECT. YES.

[00:32:42] >>REBECCA EISEN: I THINK WE

[00:32:43] SHOULD. PEOPLE ARE GOING TO ASK.

[00:32:45] I WOULD — I WOULD BE ASKING

[00:32:46] NOW, BUT I — I GATHER — GO

[00:32:50] AHEAD.

[00:32:51] >>ADRIENNE KLEIN: I APOLOGIZE IF

[00:32:52] I DID NOT PROVIDE ENOUGH

[00:32:57] BACKGROUND. WE WERE — STAFF WAS

[00:33:02] NOT AWARE, COMMISSIONER EISEN,

[00:33:04] BEFORE 2015 THAT THE RESTROOM

[00:33:05] WAS CLOSED. THE CITY, IN FACT,

[00:33:10] SUBMITTED A REQUEST TO AMEND

[00:33:15] THEIR PERMIT TO REMOVE THE

[00:33:18] PUBLIC RESTROOM REQUIREMENT IN

[00:33:20] 2015. AND THAT IS HOW THE BCDC

[00:33:22] FOUND OUT THAT THE RESTROOM WAS

[00:33:26] CLOSED. STAFF — THE CITY, I

[00:33:28] BELIEVE, EVENTUALLY WITHDREW

[00:33:30] THAT REQUEST BASED ON DIRECTION

[00:33:31] FROM STAFF THAT THEY WERE

[00:33:32] UNLIKELY TO MAKE A

[00:33:34] RECOMMENDATION OF APPROVAL TO

[00:33:35] THE COMMISSION AS THAT AMENDMENT

[00:33:37] WAS CONSIDERED TO BE — LIKELY

[00:33:42] TO BE A MATERIAL PERMIT

[00:33:44] AMENDMENT. WE THEN — THIS WAS

[00:33:47] ACTUALLY MATTHEW’S ENFORCEMENT

[00:33:49] CASE. SO, WE USED THE 35-DAY

[00:33:54] STANDARDIZED FINE LETTER AS THE

[00:33:55] FIRST TOOL ALONG WITH A LOT OF

[00:33:58] COMMUNICATION. MATTHEW

[00:34:00] NEGOTIATED THE PORTA-POTTY, SO

[00:34:02] THAT AT LEAST THERE WOULD BE A

[00:34:06] PUBLIC RESTROOM FACILITY WHILE

[00:34:08] THE PERMANENT RESTROOM FACILITY

[00:34:09] WAS BEING REFURBISHED. SO, IT

[00:34:11] HAD BEEN CLOSED FOR SO LONG, I

[00:34:14] DON’T THINK I EVER KNEW EXACTLY

[00:34:16] THE DETAILS FROM READING THE

[00:34:18] RECORD OF THE CONDITION OF THE

[00:34:20] RESTROOM, BUT IT WASN’T ABLE TO

[00:34:22] BE SIMPLY OPENED. I THINK IT

[00:34:24] NEEDED TO BE WHOLLY

[00:34:27] RECONSTRUCTED. AND SO THERE WERE

[00:34:29] A SERIES OF EVENTS THAT I MIGHT

[00:34:31] CHARACTERIZE AS A BIT OF A

[00:34:33] TRAGIC COMEDY IN THAT THE CITY,

[00:34:35] I BELIEVE, WITH FULL GOOD FAITH

[00:34:37] INTENDED ON MANY DIFFERENT

[00:34:38] OCCASIONS TO TAKE STEP X AND

[00:34:40] OPEN THE RESTROOM. AND AT THE

[00:34:41] POINT THAT STAFF WOULD CHECK IN

[00:34:43] WHEN THAT DUE DATE, THAT CITY

[00:34:53] SELF-IMPOSED DUE DATE CAME,

[00:34:55] THERE WAS YET ANOTHER TECHNICAL

[00:34:57] REASON WHY THEY COULDN’T THEN

[00:34:59] OPEN THE RESTROOM FOR ANOTHER

[00:35:01] YEAR. SO, THIS SERIES OF EVENTS

[00:35:04] OCCURRED OVER THIS EIGHT-YEAR

[00:35:06] PERIOD. AND STAFF WAS FOR THE

[00:35:08] MOST PART ENGAGED DURING THAT

[00:35:11] ENTIRE PERIOD OF TIME. THE LAST

[00:35:13] COUPLE YEARS WE — I THINK WE

[00:35:14] HAVEN’T BEEN ENGAGED SO

[00:35:16] ACTIVELY. COMPLIANCE ANALYST,

[00:35:17] FORMER ENFORCEMENT ANALYST JOHN

[00:35:19] KREECH WAS WORKING ON THE CASE

[00:35:21] FOR A COUPLE OF YEARS AND IN

[00:35:23] CLOSE CONTACT WITH FABIOLA. SHE

[00:35:26] WASN’T PART OF THE PROJECT

[00:35:30] ORIGINALLY, BUT BECAME, I

[00:35:33] BELIEVE, THE CITY LEAD. DURING

[00:35:36] THE PERIOD THAT WE WEREN’T IN

[00:35:38] CONTACT, THE CITY DID

[00:35:41] RECONSTRUCT THE RESTROOM, WHICH

[00:35:43] IS GREAT. AND THEN, AS I HAD

[00:35:45] MENTIONED, THEY ENCOUNTERED IN

[00:35:48] THIS SERIES OF EVENTS ANOTHER

[00:35:51] OBSTACLE, UNEXPECTED, NOT

[00:35:53] INTENTIONAL, AND THEY SEEMED TO

[00:35:57] HAVE NOW WORKED THEIR WAY

[00:36:01] THROUGH THAT. IT WOULD BE

[00:36:04] CURIOUS TO KNOW IF THERE’S AN

[00:36:06] UPDATE ON HOW LONG IT WILL TAKE

[00:36:09] PG&E TO TURN ON THE POWER. SO, I

[00:36:11] HOPE THAT ANSWERS YOUR QUESTION.

[00:36:13] I’M HAPPY TO PROVIDE MORE

[00:36:15] DETAILS IF YOU HAVE FURTHER

[00:36:17] QUESTIONS.

[00:36:19] >>REBECCA EISEN: IT DOES, BUT IT

[00:36:20] ALSO LEADS ME TO THINK ABOUT

[00:36:22] WHAT LESSONS CAN BE LEARNED FROM

[00:36:37] THIS. PART OF THE PROBLEM SOUNDS

[00:36:37] LIKE WE RELY OR AT LEAST HAVE IN

[00:36:38] THE PAST LARGELY RELIED ON

[00:36:40] SOMEBODY COMING TO US AND

[00:36:42] SAYING, GUESS WHAT, THAT

[00:36:43] BATHROOM’S NOT OPEN. WE DON’T

[00:36:46] HAVE ANY METHOD FOR MAKING SURE

[00:36:49] PERMIT HOLDERS BRING TO OUR

[00:36:51] ATTENTION ANY ISSUES WITH

[00:36:53] COMPLIANCE WITH THE PERMIT.

[00:36:55] THERE MAY BE A DOZEN OTHER

[00:36:57] THINGS, BUT I THINK, YOU KNOW,

[00:37:00] GIVEN THAT WE’VE GOT 30-SOME

[00:37:01] YEARS INVESTED IN THIS, MAYBE WE

[00:37:03] CAN SPEND A FEW MINUTES THINKING

[00:37:08] ABOUT WHAT LESSONS CAN BE

[00:37:10] LEARNED FROM THIS AND IF THERE

[00:37:12] CAN BE IMPROVEMENTS IN PROCESSES

[00:37:16] GIVEN WHAT’S HAPPENED IN THIS

[00:37:19] CASE, WHETHER WE CAN USE IT AS A

[00:37:25] LEARNING — SOUNDS LIKE WE CAN’T

[00:37:27] GET MORE MONEY OUT OF IT, MAYBE

[00:37:30] WE CAN GET SOME LEARNING OUT OF

[00:37:32] IT.

[00:37:35] >>MATTHEW TRUJILLO: WELL, SO

[00:37:37] WE — YES. WE LEARNED A LOT FROM

[00:37:39] THIS CASE. AS YOU PROBABLY HAVE

[00:37:41] DISCERNED, THIS CASE WAS OPEN

[00:37:44] PRIOR TO THE REINVIGORATION

[00:37:47] ENFORCEMENT PROGRAM BEFORE WE

[00:37:48] HAD THE ESTABLISHMENT WHICH WAS

[00:37:50] THE RECOMMENDATION BY THE

[00:37:51] AUDITOR OF A COMPLIANCE PROGRAM

[00:37:53] AS WELL AS ANOTHER

[00:37:54] RECOMMENDATION, WHICH IS TO DO

[00:37:56] MORE IN TERMS OF GETTING OUT

[00:37:59] INTO THE COMMUNITY TO MONITOR,

[00:38:01] PATROL THE SITE. WHILE I DON’T

[00:38:03] BELIEVE BECAUSE THIS WAS AN

[00:38:04] ACTIVE CASE, I BELIEVE THAT

[00:38:08] THE — CORRECT ME IF I’M WRONG,

[00:38:09] ADRIENNE, THEY WERE ONLY LOOKING

[00:38:11] AT RESOLVED CASES, THIS IS

[00:38:12] CERTAINLY ONE THAT WAS TOP OF

[00:38:14] MIND THROUGHOUT THAT PROCESS.

[00:38:16] I’M NOT GOING TO NECESSARILY

[00:38:18] MAKE EXCUSES FOR WHY IT’S TAKEN

[00:38:19] SO LONG POST-AUDIT, OTHER THAN

[00:38:21] JUST TO SAY THAT THE

[00:38:23] PRACTICALITIES HAVE NOT ALLOWED

[00:38:24] US TO RESOLVE THIS CASE FULLY.

[00:38:26] THIS PG&E ISSUE, FOR EXAMPLE,

[00:38:29] HAS BEEN GOING ON FOR A COUPLE

[00:38:33] OF YEARS, AT LEAST, WHERE WE

[00:38:36] CHECKED IN, WHAT’S GOING ON WITH

[00:38:40] THE RESTROOM. IT’S PG&E. THEN

[00:38:44] EVENTUALLY THE REASON WHY IT’S

[00:38:47] NOW IN FRONT OF YOU IS BECAUSE

[00:38:49] WE JUST NEEDED — WE NEED

[00:38:52] RESOLUTION. WE CAN’T HAVE THESE

[00:38:54] LONGSTANDING CASES, EIGHT, NINE

[00:38:57] YEARS IS TOO LONG FOR ANY CASE

[00:38:59] TO STAY OPEN POST-AUDIT, POST

[00:39:01] REINVIGORATION. WE’RE TRYING TO

[00:39:02] MOVE THOSE THINGS THROUGH. YES,

[00:39:04] WE DO LEARN FROM THESE.

[00:39:06] UNFORTUNATELY THIS WILL NOT

[00:39:07] PROBABLY BE THE ONLY EXAMPLE

[00:39:08] THAT COMES BEFORE YOU OF A

[00:39:10] LONGSTANDING CASE THAT TAKES

[00:39:11] FOREVER TO RESOLVE, BUT WE’RE ON

[00:39:12] TOP OF IT.

[00:39:14] >>MARIE GILMORE, CHAIR: JOHN?

[00:39:16] >>JOHN VASQUEZ: THANK YOU,

[00:39:18] REBECCA. WE WENT THROUGH THIS

[00:39:19] SOME YEARS AGO. HOW DO WE CHECK

[00:39:25] BACK AND MAKE SURE THAT THE

[00:39:26] PERMITS ARE COMPLETED? WE RELIED

[00:39:28] ON OTHER AGENCIES TO DO THOSE

[00:39:30] IMPROVEMENTS, IN SOME CASES IT’S

[00:39:31] THE DEVELOPER, IN SOME CASES

[00:39:33] IT’S THE CITY. BECAUSE WE — WE

[00:39:34] ONLY HAD A FEW MEMBERS IN THE

[00:39:36] ENFORCEMENT AND THE AUDIT

[00:39:38] INDICATED THAT THAT WAS PART OF

[00:39:40] THE PROBLEM, TOO. WE’VE HAD

[00:39:42] THESE DISCUSSIONS OVER THE

[00:39:43] YEARS. MARIE CAN REMEMBER US

[00:39:44] STARTING WITH THE AUDIT, LOOKING

[00:39:46] AT THE WAY ENFORCEMENT WAS

[00:39:48] HANDLED. IT WAS A LOT OF WORK

[00:39:49] FOR THE SMALL GROUP OF STAFF WE

[00:39:51] HAD. IT WAS ENOUGH JUST TO WORK

[00:39:52] ON THE STAFF THAT CAME BEFORE

[00:39:54] US, LET ALONE BEING ABLE TO LOOK

[00:39:56] BACK AND SAY DID THAT PERMIT GET

[00:39:58] COMPLETELY COMPLETED? DID

[00:40:00] EVERYBODY CHECK THINGS OFF? WE

[00:40:02] EVEN TALKED ABOUT IN THE CASE OF

[00:40:06] BUILDING, MAYBE WE’RE THE LAST

[00:40:09] PERSON THAT SIGNS OFF FOR THE

[00:40:12] OCCUPANCY PERMIT. IN THE PAST WE

[00:40:16] HAVE BEEN RELYING ON OTHER

[00:40:18] AGENCIES, AS I SAID EARLIER, TO

[00:40:20] MAKE SURE THE WORK HAD BEEN

[00:40:22] DONE, YOU KNOW, PATHWAYS MIGHT

[00:40:24] BE TOO SMALL. THIS CASE, THE

[00:40:27] BATHROOM NEVER GOT OPENED, BUT

[00:40:28] WHO REALLY SUFFERED WAS THE

[00:40:30] PUBLIC ITSELF FOR SO LONG. YES,

[00:40:32] WE DO RELY ON THE COMMUNITY TO

[00:40:34] LET US KNOW WHEN THINGS ARE

[00:40:36] NOT — WE’LL GET THERE, BUT, AS

[00:40:38] MATTHEW SAID, SOME OF THESE

[00:40:40] OLDER CASES, THEY’VE JUST BEEN

[00:40:41] HANGING AROUND. I KNOW AS A

[00:40:43] MEMBER OF THE COMMISSION,

[00:40:45] SOMETIMES IT’S FRUSTRATING, BUT

[00:40:47] HAVING SPENT ALL THAT TIME GOING

[00:40:49] THROUGH THE AUDIT AND WORKING ON

[00:40:51] SOME NEW RULES AND SOME NEW

[00:40:52] PROCEDURES FOR — AND MORE

[00:40:55] STAFF, AGAIN, IT WAS A SMALL

[00:40:57] STAFF, A LOT OF WORK TO DO.

[00:41:01] >>MATTHEW TRUJILLO: IF I MAY ON

[00:41:05] THAT NOTE, WE ARE CURRENTLY

[00:41:07] LOOKING AT GOING THROUGH THE

[00:41:09] PROCESS OF A MISSION-BASED

[00:41:11] REVIEW ON THE REGULATORY OR

[00:41:13] PERMIT SIDE WHERE WE’RE LOOKING

[00:41:15] AT HOW AND WHETHER WE SHOULD

[00:41:16] RE-CONCEPTUALIZE OUR PERMIT

[00:41:19] CONDITIONS AND I’M WONDERING IF

[00:41:21] PERHAPS WE’RE LOOKING AT, FOR

[00:41:22] EXAMPLE, INCORPORATING MORE

[00:41:30] COMPLIANCE INTO THAT, TOO. I

[00:41:31] BELIEVE THAT THAT WILL BE COMING

[00:41:32] BEFORE THE COMMISSION FOR A

[00:41:33] BRIEFING AND THE VERY NEAR

[00:41:34] FUTURE.

[00:41:37] >>MARIE GILMORE, CHAIR: OKAY.

[00:41:38] THANK YOU, REBECCA, FOR THAT

[00:41:40] QUESTION. THIS KIND OF BRINGS MY

[00:41:41] SET OF COMMENTS FULL-CIRCLE.

[00:41:44] NUMBER ONE, IT IS NOT UNUSUAL

[00:41:47] AND AS A MATTER OF FACT VERY

[00:41:49] COMMON FOR PUBLIC AGENCIES TO

[00:41:52] RELY ON THE PUBLIC TO BE THEIR

[00:41:55] EYES AND EARS BECAUSE MOST

[00:41:57] PUBLIC AGENCIES JUST DO NOT HAVE

[00:42:06] THE RESOURCES IN TERMS OF PEOPLE

[00:42:07] TO ACTUALLY BE OUT ON THE

[00:42:08] GROUND, YOU KNOW, LOOKING FOR

[00:42:09] VIOLATIONS OR, YOU KNOW,

[00:42:11] WHATEVER. WHETHER IT’S US, THE

[00:42:12] CITY OF SAN RAFAEL, OTHER

[00:42:13] CITIES, WE RELY ON THE PUBLIC TO

[00:42:15] BE OUR EYES AND EARS. THAT’S

[00:42:17] NUMBER ONE. NUMBER TWO, THIS

[00:42:19] GETS BACK TO WHAT I ASKED ABOUT

[00:42:22] EARLIER IN TERMS OF SOFTWARE.

[00:42:24] WE’VE HAD DISCUSSIONS ABOUT HOW

[00:42:28] HARD IT IS TO TRACK OUR PERMITS

[00:42:29] IN TERMS OF COMPLIANCE — NOT IN

[00:42:31] TERMS OF, LIKE, ARE THEY OUT OF

[00:42:33] COMPLIANCE, BUT WHAT ARE THE

[00:42:35] TIMELINES THAT ARE SET IN THESE

[00:42:37] PERMITS FOR COMPLIANCE? LIKE, WE

[00:42:40] ISSUE A PERMIT TODAY, AND

[00:42:42] THERE’S SEVERAL MILESTONES THAT

[00:42:43] HAVE TO BE TRACKED. IN THE PAST,

[00:42:46] IT’S BEEN HARD TO DO THAT

[00:42:49] BECAUSE STAFF HAS BEEN DOING IT

[00:42:52] BASICALLY BY HAND OR WITH THE

[00:42:54] SPREADSHEET. AND THAT’S PART OF

[00:42:55] MY COMMENT ABOUT, YOU KNOW, WHAT

[00:42:58] SOFTWARE OR SYSTEMS DO WE HAVE

[00:43:00] IN PLACE TO MAKE IT EASIER TO

[00:43:03] TRACK THAT KIND OF THING? SO, I

[00:43:07] KIND OF FEEL LIKE THIS CAME BACK

[00:43:10] FULL CIRCLE TO WHAT I ASKED

[00:43:12] ABOUT, YOU KNOW, IN THE

[00:43:14] BEGINNING. IT’S A PROBLEM,

[00:43:16] BECAUSE I HAVE NO IDEA, IF, FOR

[00:43:21] INSTANCE, THE SOFTWARE WE NEED

[00:43:23] EXISTS, AND IF IT DOES, HOW MUCH

[00:43:26] IT COSTS OR IF IT HAS TO BE

[00:43:28] CREATED FROM SCRATCH AND HOW

[00:43:29] MUCH THAT COSTS. THESE ARE ALL

[00:43:32] ISSUES THAT I THINK, YOU KNOW,

[00:43:34] WE AT BCDC HAVE TO GRAPPLE WITH.

[00:43:36] I’M SURE THERE ARE A LOT OF

[00:43:39] OTHER PUBLIC ORGANIZATIONS AND

[00:43:41] CITIES THAT ARE DOING THE SAME

[00:43:43] THING. SO — OKAY. IT OCCURS

[00:43:48] TO ME THAT I HAVE NOT ASKED

[00:43:50] FOR — REBECCA?

[00:43:53] >>REBECCA EISEN: I JUST HAD A

[00:43:54] QUICK FOLLOW-UP. I DON’T KNOW IF

[00:43:58] OUR PERMITS ALREADY HAVE THIS IN

[00:44:00] THEM, BUT IS IT POSSIBLE TO

[00:44:01] HAVE — IT SOUNDS LIKE THE CITY

[00:44:03] OF SAN RAFAEL ITSELF MAY NOT

[00:44:05] HAVE BEEN AWARE THAT IT — YOU

[00:44:08] KNOW, A PART OF ITS PERMIT

[00:44:09] OBLIGATIONS HAD NOT BEEN

[00:44:11] FULFILLED OR HAD LAPSED. IS

[00:44:13] THERE SOME PROCESS IN THE PERMIT

[00:44:14] WHERE EVERY — I DON’T KNOW,

[00:44:16] EVERY FIVE YEARS OR SOMETHING

[00:44:18] THAT THE PERMITEE CONFIRMS OR

[00:44:19] REAFFIRMS THAT THE PERMIT

[00:44:23] CONDITIONS ARE STILL BEING MET?

[00:44:27] SOMETHING LIKE THAT? SO THAT

[00:44:32] THEY WOULD THEN HAVE TO CHECK

[00:44:36] AND MAKE SURE EVERYTHING THAT

[00:44:39] THEY WERE SUPPOSED TO HAVE DONE

[00:44:42] IS STILL BEING DONE. I DON’T —

[00:44:44] I MEAN, IT’S A — MATTHEW, IT’S

[00:44:47] JUST SOMETHING TO SORT OF STICK

[00:44:49] IN YOUR THINKING BOX, BECAUSE IT

[00:44:51] SOUNDS LIKE YOU’RE ALREADY DOING

[00:44:53] A LOT OF THINKING TO IMPROVE OUR

[00:44:55] PROCESSES. I DON’T KNOW IF

[00:44:57] THAT’S SOMETHING TO BE USEFUL. I

[00:44:58] WANTED TO GET IT OUT THERE WHILE

[00:45:00] IT WAS STILL ON THE TOP OF MY

[00:45:04] MIND.

[00:45:06] >>MATTHEW TRUJILLO: I THINK

[00:45:08] THAT’S A GREAT IDEA. I WOULD

[00:45:10] JUST — I GUESS ASSURE YOU IN

[00:45:12] OUR PERMITS ALREADY THERE IS

[00:45:13] LANGUAGE TO THE EFFECT THAT

[00:45:15] CLARIFIES THAT IT IS THE

[00:45:20] PERMITEE’S RESPONSIBILITY TO

[00:45:23] MAINTAIN COMPLIANCE THROUGHOUT.

[00:45:25] YEAH, I GUESS I SHARE YOUR

[00:45:29] CONCERN, IF I’M INTERPRETING IT

[00:45:32] CORRECTLY, THAT MAYBE IT’S NOT

[00:45:34] AS ROBUST AS IT COULD BE AND WE

[00:45:37] NEED TO THINK ABOUT HOW TO MAKE

[00:45:39] THAT A BIT MORE ROBUST.

[00:45:41] >>REBECCA EISEN: THANK YOU.

[00:45:44] >>MARIE GILMORE, CHAIR: I SEE

[00:45:46] SHARI POSNER. I DIDN’T KNOW IF

[00:45:47] YOU WANTED TO SAY SOMETHING.

[00:45:49] >>SHARI POSNER: THIS SOUNDS

[00:45:51] LIKE, PERHAPS — THIS IS UP TO

[00:45:52] THE COMMITTEE, IT SOUNDS LIKE

[00:45:53] MAYBE SOME SORT OF PRESENTATION

[00:45:54] FROM THE PERMIT COMPLIANCE GROUP

[00:45:56] OR WORKING GROUP OR DISCUSSION

[00:45:57] MIGHT BE IN ORDER. BECAUSE THERE

[00:45:58] ARE A LOT OF IDEAS HERE, AND

[00:46:00] SOMETHING TO SOMETHING AS A

[00:46:08] FUTURE AGENDA ITEM MAYBE.

[00:46:09] >>MARIE GILMORE, CHAIR: I LIKE

[00:46:10] THAT SUGGESTION. IT KIND OF

[00:46:11] SOUNDS LIKE WE’RE ALL ASKING THE

[00:46:12] SAME SORTS OF QUESTIONS. SO, I’M

[00:46:14] GOING TO ASK MATTHEW, IF YOU

[00:46:16] WOULD AGENDIZE THAT FOR A FUTURE

[00:46:19] MEETING.

[00:46:21] >>MATTHEW TRUJILLO: YES, I WILL.

[00:46:24] >>MARIE GILMORE, CHAIR: OKAY.

[00:46:25] THANK YOU. I’M SORRY, DID I ASK

[00:46:27] FOR PUBLIC COMMENT? I DON’T

[00:46:29] THINK I DID. ANY MEMBERS OF THE

[00:46:32] PUBLIC WHO WOULD LIKE TO COMMENT

[00:46:36] ON THIS ITEM?

[00:46:38] >>MODERATOR: I SEE NO HANDS

[00:46:40] RAISED, CHAIR GILMORE.

[00:46:42] >>MARIE GILMORE, CHAIR: THANK

[00:46:44] YOU. ALL RIGHT. IF THERE ARE NO

[00:46:52] FINAL QUESTIONS OR COMMENTS FROM

[00:46:55] THE COMMITTEE MEMBERS, I WILL

[00:46:58] ENTERTAIN A MOTION FOR APPROVAL

[00:47:01] TO APPROVE THE EXECUTIVE

[00:47:03] DIRECTOR’S RECOMMENDED

[00:47:06] ENFORCEMENT DECISION REGARDING

[00:47:08] THE PROPOSED STIPULATED CEASE

[00:47:10] AND DESIST ORDERS TODAY.

[00:47:13] >>REBECCA EISEN: SO MOVED.

[00:47:16] >>JOHN VASQUEZ: SECOND.

[00:47:18] >>MARIE GILMORE, CHAIR: WE HAVE

[00:47:20] A MOTION FROM COMMISSIONER EISEN

[00:47:22] AND A SECOND FROM COMMISSIONER

[00:47:25] VASQUEZ. MATTHEW, COULD YOU

[00:47:26] PLEASE CALL THE ROLL?

[00:47:28] >>MATTHEW TRUJILLO: I’M SORRY,

[00:47:29] MAY I CLARIFY, DID YOU SAY CEASE

[00:47:30] AND DESIST ORDER? IT’S THE

[00:47:31] SETTLEMENT AGREEMENT.

[00:47:33] >>MARIE GILMORE, CHAIR: I’M

[00:47:34] SORRY.

[00:47:36] >>MATTHEW TRUJILLO: DOES THAT

[00:47:37] MEAN WE HAVE TO REDO IT? I’M NOT

[00:47:38] SURE.

[00:47:40] >>MARIE GILMORE, CHAIR: LET’S

[00:47:41] REDO IT SO WE HAVE A CLEAR

[00:47:43] RECORD. OKAY. CAN I HAVE A

[00:47:44] MOTION TO APPROVE THE

[00:47:46] RECOMMENDED SETTLEMENT

[00:47:47] AGREEMENT?

[00:47:49] >>REBECCA EISEN: SO MOVED.

[00:47:50] >>JOHN VASQUEZ: SECOND.

[00:47:54] >>MARIE GILMORE, CHAIR: OKAY. WE

[00:47:58] HAVE A MOTION FROM COMMISSIONER

[00:48:00] EISEN AND A SECOND FROM

[00:48:03] COMMISSIONER VASQUEZ. NOW,

[00:48:05] MATTHEW, WILL YOU PLEASE CALL

[00:48:07] ROLL?

[00:48:09] >>MATTHEW TRUJILLO: OKAY.

[00:48:11] COMMISSIONER EISEN?

[00:48:13] >>REBECCA EISEN: YEA.

[00:48:16] >>MATTHEW TRUJILLO: COMMISSIONER

[00:48:19] VASQUEZ?

[00:48:20] >>JOHN VASQUEZ: YES.

[00:48:22] >>MATTHEW TRUJILLO: CHAIR

[00:48:23] GILMORE?

[00:48:24] >>MARIE GILMORE, CHAIR: YES. THE

[00:48:24] MOTION PASSES UNANIMOUSLY. THANK

[00:48:25] YOU VERY MUCH, COMMITTEE

[00:48:26] MEMBERS. AND I WILL NOW — THANK

[00:48:27] YOU TO THE CITY OF SAN RAFAEL.

[00:48:29] WE THANK YOU FOR YOUR ATTENDANCE

[00:48:30] AND YOUR PARTICIPATION TODAY.

[00:48:32] SO, COMMITTEE MEMBERS, I WILL

[00:48:35] NOW ENTERTAIN A MOTION TO

[00:48:38] ADJOURN.

[00:48:40] >>REBECCA EISEN: SO MOVED.

[00:48:43] >>JOHN VASQUEZ: SECOND.

[00:48:46] >>MARIE GILMORE, CHAIR: OKAY. WE

[00:48:48] HAVE A MOTION AND A SECOND.

[00:48:50] MOTION BY COMMISSIONER EISEN, A

[00:48:51] SECOND BY COMMISSIONER VAZQUEZ.

[00:48:53] IS THERE ANYBODY WHO OBJECTS TO

[00:48:55] THIS MOTION? SEEING NO

[00:48:57] OBJECTIONS, WE ARE ADJOURNED.

[00:49:00] THANK YOU, EVERYONE. HAVE A NICE

[00:49:02] DAY.

[00:49:04] >>JOHN VASQUEZ: THANK YOU

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.