October 20, 2016 Enforcement Committee Meeting

Time and Location

9:30 a.m. to 12:30 p.m.

Port of San Francisco Board Room
Ferry Building
Second Floor
San Francisco, CA 94111

(415) 274-0400

 

Tentative Agenda

  1. Call to Order
  2. Roll Call
  3. Public Comment
  4. Approval of Draft Minutes for October 6, 2016
  5. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.03; Scott’s Jack London Seafood, Inc. and the Port of Oakland 
    The Committee will hold a public hearing and possibly vote on a recommended enforcement decision including adoption of the proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.03 that would be issued by the Commission for alleged violations at the Public Pavilion at Scott’s Seafood Grill and Bar, located within Jack London Square in the City of Oakland, Alameda County.  The alleged violations include: (1) construction of an unauthorized metal-framed doorway, storage area, and stage, and installation of multiple planters, in a public access area; (2) failure to obtain BCDC approval of design and construction plans prior to replacing the former tent walls with a retractable wall panel system used to enclose the pavilion; (3) failure to provide six years of reports of private events in the pavilion; (4) failure to permanently guarantee the public access areas at the pavilion; (5) failure to install and maintain all the public access improvements at the pavilion; and (6) extensive unauthorized use of the pavilion for private events during an approximately eleven-year period. 

    The recommended enforcement decision would require: (1) removal of certain unauthorized structures; (2) a permit amendment to authorize modifications to the pavilion and improve public access in Jack London Square’s Franklin Street Plaza; (3) a permit amendment to simplify the authorization for shared public and private use of the pavilion; (4) payment of a $250,000 penalty; and (5) the payment of specified stipulated penalties for failure to comply in a timely manner with the requirements of the order. The recommended enforcement decision would also allow the permittees to increase the number of private use days from 73 days per year to 124 days per year, 20 of which would be for non-profit events. (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]
  6. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.004; Marina Village Associates, LLC.

    The Committee will hold a public hearing and possible vote on a recommended enforcement decision including the proposed Stipulated Cease and Desist and Civil Penalty Order No. CCD 2016.004 that would be issued by the Commission to Marina Village Associates, LLC for alleged fill and public access violations at Loch Lomond Marina located at 110 Loch Lomond Drive, in the City of San Rafael, Marin County.

    The recommended enforcement decision would generally require: (1) cease and desist from all activity in violation of BCDC Permit No. 2006.010.03; (2) remove unauthorized items located in the Bay and shoreline band that cannot be authorized after-the-fact; (3) apply for after-the-fact authorization for unauthorized activities in the Bay and shoreline band; (4) submit an engineering report that evaluates: (a) the frequency, duration, and extent of tidal flooding and post-flooding standing water in the public access area and (b) potential alternatives to reduce tidal flooding and post-tidal standing water in this area; and obtain authorization to implement recommended flood control measures; (5) pay a civil penalty of $210,000 to the Bay Fill Cleanup and Abatement Fund; and (6) pay established penalties for late compliance with any term of the Stipulated Order. 
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]

  7. Public Hearing and Possible Vote on a Recommended Enforcement Strategy.
    The Committee will hold a public hearing and possible vote on a recommended enforcement strategy and policy to set enforcement priorities, improve compliance, improve regulatory and legal effectiveness, and use resources more efficiently.
    (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]
  8. Adjournment

Speaker SignUp and Time Limits. If you would like to comment on an item scheduled for a public hearing or speak during the public comment period, please fill out a “Request to Speak” form and give it to a staff member. Each speaker is limited to a maximum of three minutes during the public comment period, and the Chair may set time limits for each speaker at the beginning of a public hearing. You are encouraged to submit written comments of any length and detailed information to the staff. This material will be distributed to the Commission members. Applicants are responsible for presenting their projects at the public hearing.

Questions and Staff Reports. If you have any questions concerning an item on the agenda or would like to receive a staff report related to the item, please contact the staff member whose name and direct phone number are indicated in parentheses at the end of the agenda item.

Access to Meetings. Meeting facilities are accessible to persons with disabilities. If you require special assistance, please contact any staff member prior to the meeting. An interpreter for the deaf will also be made available upon request to the staff at least five days prior to the meeting.

BagleyKeene Open Meeting Act. As a state agency, the Commission is governed by the BagleyKeene Open Meeting Act which requires the Commission to (1) publish an agenda at least ten days in advance of any meeting; (2) describe specifically in that agenda the items to be transacted or discussed; and (3) refuse to add an item subsequent to the published agenda. In addition to these general requirements the BagleyKeene Act includes other specific provisions about how meetings are to be announced and conducted.