November 9, 2023 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 September 27, 2023, 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. Hearing and Vote to Recommend Approval of Stipulated Orders CCD2023.002.00 and CCD2023.003.00
   The Committee will review, discuss, and vote whether to recommend to the full Commission for approval two stipulated orders to resolve BCDC Enforcement Case No. ER2019.063.00 against Seaplane Investments LLC alleging unauthorized development activities and violations of BCDC permits 1973.014.04 and M1985.030.01 in Sausalito, Marin County.
   (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov];
   (Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]
   Executive Director’s Recommended Enforcement Decision with exhibits // Staff Presentation
7. Adjournment

Meeting Minutes

Audio Recording

Audio Transcript

Marie Gilmore, Chair: Eating of the beast.

Marie Gilmore, Chair: The Bcd. C. Enforcement Committee is here by call to order. My name is Marie Gilmore, and I am the chair of this Committee for Commissioners, including those attending at Field Street. Please ensure that your video cameras are always on, and please mute yourselves 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.

Matthew Trujillo, Enf. Program Mgr.: Okay.

Matthew Trujillo, Enf. Program Mgr.: Mr. Bieland.

Boardroom SX80: Here.

Matthew Trujillo, Enf. Program Mgr.: Commissioner Eisen. Commissioner Gilmore. I’m sorry. Share it, Gilmore.

Marie Gilmore, Chair: here.

Marie Gilmore, Chair: So we have a quorum present, and are duly constituted to conduct business, and that brings us to item 3 on our agenda, which is public comment.

Marie Gilmore, Chair: So, 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 today’s agenda.

Marie Gilmore, Chair: and, as far as I know, we have received no general public comments in advance of this meeting.

Boardroom SX80: That’s correct.

Boardroom SX80: Yes.

Marie Gilmore, Chair: thank you. So for members of the public attending online. 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. 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 Dial Star 9 to raise your hand. 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 host will call call on individuals who have raised their hands in the order in which they were raised. After you are called upon, you will be unmuted, so that you can share your comments. Please announce yourself by first and last name for the record before making your comment

Marie Gilmore, Chair: for members of the public attending in person.

Marie Gilmore, Chair: Please queue up at the speaker’s podium and wait to be called upon to speak. Commenters are limited to 3Â min to speak. Please keep your comments respectful and focus. We are here to listen to any individual who requests to speak.

Marie Gilmore, Chair: but each speaker has the responsibility to act in a civil and courteous manner as determined by the chair. We will not tolerate hate, speech, direct threats, indirect threats, or abusive language. We will mute anyone who fails to follow these guidelines.

Marie Gilmore, Chair: Margie, do we have any commenters?

Boardroom SX80: We do not.

Marie Gilmore, Chair: Okay. And

Marie Gilmore, Chair: since I’m I myself at my location, I have no commenters.

Marie Gilmore, Chair:  Any anybody else zooming in as public speakers.

Marie Gilmore, Chair: Chair, Rebecca.

Rebecca Eisen, Commissioner: nobody’s at my location, either.

Marie Gilmore, Chair: Thank you.

Marie Gilmore, Chair: Okay, so that brings us on to Item Number 4,

Marie Gilmore, Chair: which is approval of draft minutes. From the last meeting. We have all been furnished with draft minutes from our last meeting committee members. I would appreciate a motion and a second to approve these.

Rebecca Eisen, Commissioner: So moved

Boardroom SX80: second

Marie Gilmore, Chair: moved by Commissioner Eisen, seconded by Commissioner Billen and

Marie Gilmore, Chair: Anybody opposed to this motion

Marie Gilmore, Chair: any extensions.

Marie Gilmore, Chair: Motion carries unanimously. Thank you all.

Marie Gilmore, Chair: Item 5 is the Enforcement report.

Marie Gilmore, Chair: Enforcement policy manager Matthew Trujillo will now provide the Enforcement report. Matthew.

Matthew Trujillo, Enf. Program Mgr.: I have 3 items to report out on today.

Matthew Trujillo, Enf. Program Mgr.: First, the case update since our last meeting on September twenty-seventh.

Matthew Trujillo, Enf. Program Mgr.: In the past 43 days we received 7 new cases, resolved 11 cases, and as of today, there are 74 unresolved cases in the queue, which is a net change of negative 5. Since my last report.

Matthew Trujillo, Enf. Program Mgr.: second, is an update on the status of compliance with issued orders by the Commission.

Matthew Trujillo, Enf. Program Mgr.: Tony Daysau, one of our company’s analysts reports that he has been monitoring compliance with Ccd. 2022 0 0 3, which was issued to the port of Oakland in july 2022, to address public access maintenance issues at Jacqueline Square. He notes that there are no issues of concern.

Matthew Trujillo, Enf. Program Mgr.: John Creech reports that he’s been monitoring compliance with Ccd 2,020 dot 0 0 2

Matthew Trujillo, Enf. Program Mgr.: issue to Param and Amande Dylan for illegal filling in white, slew in Bolivo also for an authorized fill at the Family Gun Club and the Zoom, March

Matthew Trujillo, Enf. Program Mgr.: and Ccd 2020 dot 0 0 1 issue to the city of Oakland for failing to maintain the public access and shoreline areas at Union Point Park. He reports that there are no issues of concern with the Dillon and Family Gun Club orders, and that the City of Open has not responded to his outreach efforts lately.

Matthew Trujillo, Enf. Program Mgr.: Finally, I’m pleased to report that, thanks to the fine investigative work of Rachel Cohen, of our Enforcement staff and the negotiations led by former chief counsel, Mark Zapatelo, who, generous, generously donated his time to assist us in its resolution.

Matthew Trujillo, Enf. Program Mgr.: The case against the Bay Area Council for failing to abide by the terms and conditions of its permits. 2021 dot 0 0 one, which was to redevelop the historic ferry boat climate for public access of tier 9 in San Francisco has been settled.

Matthew Trujillo, Enf. Program Mgr.: The settlement agreement was executed by our executive director on November seventh, and the settlement establishes a timeline by which the Council must complete his public access obligations under its permit, and pay a fine of $50,000. Executive director gold span will provide further comments on the settlement at the next Commission meeting on the sixteenth, where, incidentally, I am scheduled to deliver my third quarterly report on the status of the Enforcement program to the full Commission.

Matthew Trujillo, Enf. Program Mgr.: and this concludes my report. I’d be glad to entertain any. Follow up questions that you may have.

Marie Gilmore, Chair: Thank you, Matthew, do any members of the Enforcement Committee. Have questions.

Marie Gilmore, Chair: Commissioner Eisen.

Rebecca Eisen, Commissioner: Thank you, Matthew. I’m just curious. I think you said we got 7 new cases and settled 11, and we’re still down minus 5 instead of minus 4. Is that

Rebecca Eisen, Commissioner: because something dropped off somehow?

Matthew Trujillo, Enf. Program Mgr.:  I believe that that report, probably incorporates cases that yes, have been either combined or were closed, and we didn’t get to it right away.

Matthew Trujillo, Enf. Program Mgr.: Sometimes those things happen. It’s a pretty big

Matthew Trujillo, Enf. Program Mgr.:  database, and we don’t really have a systematic way of, you know, tracking everything in real time.

Matthew Trujillo, Enf. Program Mgr.: Okay, great thanks.

Marie Gilmore, Chair: Any other committee members have questions.

Marie Gilmore, Chair: Okay, do we have any public comment on the Enforcement report.

Boardroom SX80: We do not. Chair Gilmore. Commissioner Vasquez has joined us.

Marie Gilmore, Chair: Welcome, Commissioner. Good morning.

John Vasquez, Commissioner: Wasn’t raining cats and dogs, but I cats and dogs problem this morning.

John Vasquez, Commissioner: I know how that happens. So just for the record. Do you have any members of the public at your location.

Marie Gilmore, Chair: Thank you. Thank you.

Marie Gilmore, Chair: Okay. The next item on our agenda is item number 6, which is seaplane investments. Llc. Stipulated orders. This is going to be a briefing and a vote on a proposed recommended decision to adopt 2 stipulated Cease and assist orders to be issued to seaplane investments. Llc.

Marie Gilmore, Chair: Porto, Madera, Marin County. If this committee votes to adopt

Marie Gilmore, Chair: either or both of these stipulated orders than the recommended Enforcement decision.

Marie Gilmore, Chair: which includes the orders, will be put up for a vote for approval or rejection by the full Commission at its December seventh, 2023, meeting, which is scheduled to be held online and in person at the Metro Center, located at 3 75 Beale Street, in San Francisco. Beginning at one Pm.

Marie Gilmore, Chair: After Vcdc. Staff gives its opening remarks, I will ask the respondent to affirm its agreement with the terms and conditions of the stipulated order.

Marie Gilmore, Chair: Then I will allow public comment on this item, and then afterwards the committee shall hold our discussion and vote on Staff’s recommendation.

Marie Gilmore, Chair: So at this time will the representative or representatives or the responded please identify themselves for the record.

Jillian Blanchard, RLG, Seaplane Investments LLC: Good morning, Commissioners. This is Gillian Blanchard with Rudder log group, and I represent seaplane investments. Llc. The respondent.

Lou Vasquez: Thank you very much and welcome, and I have with me here today, Lou Vasquez, the managing member seaplane investments. Lllc. Morning, everyone.

Marie Gilmore, Chair: Good morning and thank you both for being here.

Key.

Marie Gilmore, Chair: I. Now I’m going to ask general counsel, Greg Sharff and principal enforcement analyst, Adrian Klein, to begin their opening remarks.

Greg Scharff: Thank you, Chair Gilmore. So I first wanted to start off by just really thanking the respondents, Lou Vasquez and Milly Ricklin, as well as their counsel, Gillian Blanchard, for really their hard work in resolving this matter.

Greg Scharff: You know it wasn’t easy, but we worked through all the issues, and II thought we did it in an open and collaborative manner that resolved all of the outstanding issues.

Greg Scharff: And I just wanted you to know that that was very helpful. And it was sort of unusual. And I’m feeling really positive about

Greg Scharff: see plan on a going forward basis that they’ll get all the work done they’ve promised to do, and that they’ll honor their their agreement. Adrian Klein will provide the highlights of the settlement for you and I and Ms. Blanchard are available to answer any questions that you may have regarding the settlement.

Greg Scharff: Thank you.

Marie Gilmore, Chair: Thank you. Adrian.

adrienne klein, bcdc: good morning.

adrienne klein, bcdc: Everyone can see this screen and hear me.

Boardroom SX80: Yes, yes.

adrienne klein, bcdc: thanks for confirming

adrienne klein, bcdc: in in July of 2022, Staff issued a violation reporting complaint to resolve 6 unresolved violations, and in October of 2022 staff issued a complaint for administrative penalties to resolve the penalty portion of 3 resolved violations

adrienne klein, bcdc: during a public hearing or 2, rather on May thirtieth, 2023,

adrienne klein, bcdc: the Enforcement Committee directed Staff to enter into settlement negotiations, and today’s public hearing provides an Enforcement committee, recommended Enforcement decision, and 2 proposed, stipulated, cease and assist orders.

adrienne klein, bcdc: So sorry.

adrienne klein, bcdc: Let’s see here.

adrienne klein, bcdc: I’m just. Oh, there we go! I’m so sorry.

adrienne klein, bcdc: So, for

adrienne klein, bcdc: the presentation will cover the site location. Describe the 9 violations and summarize the staff recommendation.

adrienne klein, bcdc: and for some reason my progression is not occurring.

adrienne klein, bcdc: Hmm!

adrienne klein, bcdc: Pardon me.

adrienne klein, bcdc: Matthew, since I seem to be stuck. Do you wanna share the screen instead of me?

Matthew Trujillo, Enf. Program Mgr.: Yes, I’m gonna need to open it up one moment. Let me try one more time. I’m really sorry about this

adrienne klein, bcdc: works fine when I’m not sharing.

adrienne klein, bcdc: Oh, thanks, Matthew.

Matthew Trujillo, Enf. Program Mgr.: So third slide, third slide.

adrienne klein, bcdc: Sorry about that. Everyone.

Matthew Trujillo, Enf. Program Mgr.: this one

adrienne klein, bcdc: bingo, so the red PIN on the vicinity map shows the location where the violations occurred and are occurring, known as 240242 Redwood highway frontage road, in an unincorporated area of Marin County.

adrienne klein, bcdc: Next. the image on the left shows the site looking to the northeast.

adrienne klein, bcdc: The site contains a number of businesses and operations, while some of the ground level uses and the associated fill appear to have been ongoing in 1965.

adrienne klein, bcdc: At the time of enactment of the Mackette, Petr Sack changes to the ongoing uses and associated fill within Bcd’s jurisdiction, including maintenance that occurred after the law was enacted, require A, BC. DC. Permit or amendment.

adrienne klein, bcdc: Vcdc. Permits run with the land, and new owners are responsible for resolving inherited violations and also violations that they themselves undertake

adrienne klein, bcdc: as new owners. Respondents should have. But did not contact. Bcd see as part of a due diligence review to obtain site status in relation to the law, and existing, permits

adrienne klein, bcdc: the image on the right has an overlay of the approximate locations of the 2 privately owned parcels number 164 and 167,

adrienne klein, bcdc: with the street rights of way that surround them.

adrienne klein, bcdc: The docking facility is located on Marin County property.

adrienne klein, bcdc: I will now describe the 6 unresolved violations that would be the next slide

adrienne klein, bcdc: violation. One respondent is violating special condition. 2 C. Public access of permit, 197301404. By failing to provide the public shore signage and the public access connection from the site to the Marin County public access west of the site.

adrienne klein, bcdc: Violation 2. Respondent is violating special condition 2 c. 2. Maintenance. By failing to maintain the existing required public short pathways and landscaping.

adrienne klein, bcdc: The bulkhead. Apparepa Street is severely eroded, and the adjacent public shoreline pathway is frequently inundated by tides. The northeastern tip of this area is eroded to the point of being gone, and the remainder is collapsing into the Bay.

adrienne klein, bcdc: Violation 3 respondent is violating mackature. Petrus act section 6, 6, 6, 6, 3, 2, a. By placing unauthorized fill in San Francisco Bay and or the shoreline band on Yolo Street.

adrienne klein, bcdc: The unauthorized fill includes vehicle, parking and or equipment, storage. seaplane, storage, repair and maintenance, seaplane fueling tank and elevated asphalt path across yellow street to allow access during

adrienne klein, bcdc: to the to the seaplane.

adrienne klein, bcdc: I’m sorry to the Healyport launching area. During high tides.

adrienne klein, bcdc: Some of this unauthorized fill also violates special condition to the use of solid fill of the 1973 permit, by using filled areas at designated to be used only for landscaping, landscape, public access and pedestrian and bicycle pathways for private use.

adrienne klein, bcdc: Violation for respondent is violating the Mac at your Petrus act by placing unauthorized fill in Bcd’s jurisdiction, consisting of an unauthorized helicopter landing pad

adrienne klein, bcdc: and 4 paved walkways on block 1, 6, 4.

adrienne klein, bcdc: Violation 5. Respondent is violating the mackature Petrus Act by placing unauthorized, fill in the bay on Marin county property by expanding an existing U-shaped floating dock during 3 separate episodes with new floating, fill 2 pilings and relocating an on water fueling station.

adrienne klein, bcdc: and finally, violation. 6. Respondent is violating the Macer Petras Act by placing unauthorized fill in BC. DC. Jurisdiction, consisting of excavation and fill to construct a new concrete and rebar water access ramp in the yellow street right of way.

adrienne klein, bcdc: This completes the violation summary of the 6 unresolved violations.

adrienne klein, bcdc: I will now describe the 3 resolved violations next slide

adrienne klein, bcdc: to our respondents. Failure to take assignment of both the 1973 and the 1,985 permits, and the third is, respondents, failure to complete a project prior to the permit, expiration, date, and continuing work with an expired permit

adrienne klein, bcdc: next slide.

adrienne klein, bcdc: So the staff recommendation for the 6 unresolved violations, will be covered in the following 4 slides. So first, there is

adrienne klein, bcdc: an agreement by respondent to cease and desist from violating the Macintosh Petras Act, and both the 1,973, and the 1,985 permits

adrienne klein, bcdc: by the thirtieth of June 2024 respondents has stipulated to comply with the existing permits as follows, by maintaining the permit required public access along the existing shoreline pathway within respondents. Current property

adrienne klein, bcdc: on Yellow Street, from the termination of the shirlin pathway located within the dedicated public access area within respondents, property to stripe and maintain by restriving is often as necessary to maintain a clearly delineated public shirling pathway

adrienne klein, bcdc: an 8 foot wide. Accessible path of travel, as shown on a plan that will be attached to the order

adrienne klein, bcdc: to install a total of 8 public shore signs, consisting of 5 directional arrows on Belina Street,

adrienne klein, bcdc: And one sign each on prefa and yellow streets, and a back-to-back sign visible from the Mill Valley

adrienne klein, bcdc: bike path.

adrienne klein, bcdc: and 3 additional public shore signs

adrienne klein, bcdc: respondent agrees to permanently relocate accessible parking to the west side of Elena Street.

adrienne klein, bcdc: on Yellow Street to Rou to remove the asphalt path constructed.

adrienne klein, bcdc: and to confirm with Bp. B Cdc. Staff, which helicopter pads and walkways are covered within the existing permit.

adrienne klein, bcdc: Next slide

adrienne klein, bcdc: within 12 months of the date of the order to file a complete application. to amend the 1973 permit.

adrienne klein, bcdc: That would include revised landscaping for areas adjacent to the required public access

adrienne klein, bcdc: that includes installation and maintenance of several picnic tables.

adrienne klein, bcdc: That will be Ada accessible. And if new public access is proposed, in a following section, that that those amenities will be included on the revised landscaping plans.

adrienne klein, bcdc: and also to request, after the fact authorization for any heliport pads, fuel tanks, and walkways not otherwise permitted.

adrienne klein, bcdc: The 3 unauthorized finger piers that are part of the docking system. The unauthorized

adrienne klein, bcdc: launch ramp next slide.

adrienne klein, bcdc: Respondent also agrees to provide additional public access. Which would either be provision of the existing required connection to the Marin County bike path from the site. If local approval is

adrienne klein, bcdc: obtained.

adrienne klein, bcdc: or if it is not to provide alternate access on site

adrienne klein, bcdc: and

adrienne klein, bcdc: finally respond and agrees to prepare and submit a sea level rise, risk assessment that addresses potential sea level rise in all permit, required public access areas

adrienne klein, bcdc: and and in additional public access series

adrienne klein, bcdc: described above, and to implement that plan within time frames to be specified.

adrienne klein, bcdc: and it shall include adoptive measures to maintain the Peripa Street public access that is frequently flooded and eroded, and adaptive measures to maintain public access for the life of the project, or until 2050.

adrienne klein, bcdc: That concludes the injunctive relief in the next slide outlines the penalty, which is 43,800 10,000 of which to be paid within 60 days of order issues 16,900 do within 12 months of order, issuance, and 16,900 do within 24 months of order issuance.

adrienne klein, bcdc: So that concludes the terms of the stipulation for the 6 unresolved violations, and for the 3 resolve violations. The next slide outlines the administrative civil penalty of $5,000, half of which is due within 12Â s half, is due within 12 months of order, issuance.

adrienne klein, bcdc: So together, the 2 recommendations result in a total penny penalty of 48,000 and $800. And this concludes the staff presentation. Thank you.

Marie Gilmore, Chair: Thank you very much, Adrienne.

Marie Gilmore, Chair:  now, I would like to ask respondents to affirm their agreement in accordance with the terms and conditions of the stipulated orders.

Marie Gilmore, Chair: Ccd.

Marie Gilmore, Chair: 202-30-0200 and Ccd, 202-30-0300.

Jillian Blanchard, RLG, Seaplane Investments LLC: Thank you, Commissioner Gilmore. Yes, I first wanna say, thank you very much to staff working with Mr. Sharf. Mr. Trujillo has been very, very collaborative and we appreciate the opportunity to resolve this matter and move forward with compliance. And I can say, on behalf of seplain investments, that we do agree to all the terms and the stipulated orders. And I’ll just to ask

Jillian Blanchard, RLG, Seaplane Investments LLC: Mr. Vasquez to come off mute and confirm as well.

Lou Vasquez: Yeah, I also want to thank Staff for their cooperation and and help in resolving these issues. And we do agree to the stipulated terms.

Marie Gilmore, Chair: Thank you. Now, before we turn to public comment. I wanna ask if any of the Commissioners have any clarifying questions? Not discussion, just clarifying questions at this point.

Marie Gilmore, Chair: I am not seeing any Commissioner hands raised?

Marie Gilmore, Chair: Okay, so at this point in time we will take public comments on this item. First of all, Margie, have we received any written comments.

Boardroom SX80: No, we did not.

Marie Gilmore, Chair: Okay. Do we have any public speakers? I don’t see anybody in the room.

Boardroom SX80: Yeah, no, nobody.

Marie Gilmore, Chair: Nobody in the room and nobody online.

Boardroom SX80: Correct?

Marie Gilmore, Chair: Okay? Then.

Marie Gilmore, Chair: I guess I guess I was a little bit ahead of myself. I since

Marie Gilmore, Chair: I guess I need a motion to close the public hearing. So somebody wanna okay, Commissioner Eisen?

Marie Gilmore, Chair: And did I see Commissioner Blynn raise her hand

Marie Gilmore, Chair: alright. So now that we’ve done that, are there any? I’m gonna open it up to discussion from committee members.

Marie Gilmore, Chair: Commissioner Eisen.

Rebecca Eisen, Commissioner: Thank you. Well, I wanna join in the thanks to our staff, and also to the respondent and the Respondents Council for getting done what was seeming back when we last heard about it, to be a very difficult and

Rebecca Eisen, Commissioner: almost intractable problem. So you have done fantastic work getting this done.

Rebecca Eisen, Commissioner: My understanding is that the first thing that will happen in terms of whether we know whether enforcement has occurred is the 60 days penalty that will be due. That will be the first indication of

Rebecca Eisen, Commissioner: whether we’re going to be able to stay on track with all of the different settlement requirements, and but

Rebecca Eisen, Commissioner: I am certainly hoping that we never have to really answer this question. But I am curious, Greg, if you could explain to us

Rebecca Eisen, Commissioner: if for some reason

Rebecca Eisen, Commissioner: the settlement agreement were not was not complied with either whole or part.

Greg Scharff: So what would be the steps then? Are we back to square one, or would we be able to go directly to some kind of enforcement mechanism to make sure the settlement agreement is complied with. So it’s actually not a settlement agreement. It’s a stipulated order.

Greg Scharff: So what we would do, we would turn it over to the Attorney General’s office in the worst case, and they would then prosecute it.

Greg Scharff: and then fines could be up to $2,000 a day

Greg Scharff: for not being in compliance.

Rebecca Eisen, Commissioner: it would not come back to this Enforcement Committee. That’s correct. It would not great. Okay, thanks for that.

Marie Gilmore, Chair: Anyone else.

Marie Gilmore, Chair: Okay, I just want to echo the comments and thanks to both the respondents and staff.

Marie Gilmore, Chair: This has been a set of issues going back a long time. I’m just gonna make comment for the record that some of the issues occurred before the respondents.

Marie Gilmore, Chair: bought the property. So that’s that’s always an issue. And just it the length of time that this has gone on and the complexity of the issues. So I wanna say I really appreciate staff and response willingness to work together in a very, very positive manner. And I’m thankful and grateful for this very positive outcome. And

Marie Gilmore, Chair: I’m going to look for a motion and a second to

Marie Gilmore, Chair: Accept the recommended Enforcement decision and move it on to the full commission.

John Vasquez, Commissioner: I’ll move it

Rebecca Eisen, Commissioner: second.

Rebecca Eisen, Commissioner: and need to hear the recommendation before we vote, or that’s a good point. We do

Marie Gilmore, Chair: thank you. Keeping me on the straight and narrow here.

Marie Gilmore, Chair: Alright, staff

adrienne klein, bcdc: break. You want me to make the recommendation. Yes, go ahead, Adrian. so I’m assuming

adrienne klein, bcdc: you don’t want me to go into the details, so the recommendation would be to adopt. The Enforcement Committee recommended Enforcement decision, and 2 proposed stipulated Cease and desist orders to resolve

adrienne klein, bcdc: 6 unresolved, and 3 resolved violations. Is that adequate?

Greg Scharff: Yes.

Marie Gilmore, Chair: okay, thank you. So once again the staff recommendation was moved by Commissioner Vasquez and seconded by Commissioner Eisen.

Marie Gilmore, Chair: And so now we will take a roll call vote. I believe that’s Matthew.

Matthew Trujillo, Enf. Program Mgr.: Okay. Commissioner Bielin.

Yes.

Matthew Trujillo, Enf. Program Mgr.: Commissioner Eisen. Commissioner Vasquez. chair. Gilmour.

Marie Gilmore, Chair: Yes.

Marie Gilmore, Chair: thank you. Everyone. The motion passes unanimously, and once again thank you. To everyone involved great work.

Marie Gilmore, Chair: And now, committee members, I will entertain a motion and a second to adjourn our meeting.

Marie Gilmore, Chair: Moved by Commissioner Eisen, seconded by Commissioner Vasquez, and I will note for the record that it is 1001 Am.

Marie Gilmore, Chair: Thank you, everybody. This meeting is now adjourned.

Jillian Blanchard, RLG, Seaplane Investments LLC: 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.