Enforcement Committee Briefings/Discussions Topics

After the State Auditor released her report on BCDC’s enforcement program in mid-May 2019, the Commission’s Enforcement Committee established a formal twice-monthly meeting schedule. Since then, the Committee has reviewed, analyzed, and discussed the issues listed below. More policy briefings are scheduled through the end of 2019, 2020 and in 2021.

Enforcement staff provide periodic updates to the Commission and with Committee recommendations escalate complex matters. Below is a list of those meetings and the issues that have been briefed and discussed. The numbers in parentheses correspond to the assigned number for the Auditor’s recommendations to the Commission:

Meeting Topics
6/26/19 Initial post-audit meeting
7/1/19 Penalty policy overview (1) Case management approaches (1), (2), (5), (16) Administrative procedures and rulemaking process
7/24/19 Backlog – remedies and alternatives (2), (3), (14) Standardized fines (2), (5), (16)
8/8/19 Inactive cases update (3) Penalty policy development I – initial penalty amount (1) Violations with significant harm (1), (5), (15)
8/14/19 Penalty policy development 2 – economic benefits and deterrence (1), (3), (5) Database limitations and technology (13)
9/12/19 Richardson’s Bay and Abandoned and Derelict Vessels
9/25/19 Case management update (3), (5), (16) Case prioritization (2), (3), (4), (6), (14) Penalty policy development 3 – ability to pay, voluntary resolution, degree of culpability (1), (5)
10/1/19 Definition of significant harm (1), (3), (15)

Criteria for Violation Delineation (1), (2), (5), (13), (15)
10/17/19 Announcement of new Enforcement Policy Manager (Commission meeting)
10/23/19 Permit process review Compliance improvements (1), (2), (3), (12)
11/14/19 Case management update (3), (5), (16) Supplemental Environmental Projects (1), (2), (15)
11/20/19 Richardson Bay’s abandoned vessels management and habitat restoration case update Union Point Park Restoration enforcement recommendation Workforce study scheduled CA Department of Finance (10)
12/12/19 Procedural improvements, including case management milestones; Initial Contact letters; case review Aged Case reports and Closed Case reports; Case prioritization (1), (2), (3), (4), (6), (15)
3/12/20 Case management update (3), (5), (16) Oldest case resolution efforts (3) Delineation of violations (1), (2), (5), (13), (15) Union Point Park proposed uncontested cease and desist order
4/9/20 Summary of 2019 Case management and review case resolution results (1), (2), (3), (5), (16) Richardson Bay’s abandoned vessel management transition plan update
4/22/20 Case management update (3), (5), (16) Union Point Park proposed uncontested cease and desist order amendments to extend deadlines at City request
5/14/20 Case management update (3), (5), (16) Criteria for Violation Delineation (multiple unauthorized activities combine or separate) (1), (2), (5), (13), (15)
6/11/20 Case management update (3), (5), (16) Administrative Civil Penalty Policy discussion
6/24/20 Case management update (3), (5), (16) Case Management Procedure Eelgrass habitat restoration briefing Supplemental Environmental Projects Policy Development
7/9/20 Case management update (3), (5), (16) Oldest case resolution efforts (3) Richardson Bay’s abandoned vessel management transition plan to protect the habitat and bring the area into compliance with the Commission’s laws and policies update
7/29/20 Public Workshop – Proposed Amendments to Administrative Enforcement Regulations
8/13/20 Case management update (3), (5), (16) Union Point Park proposed revised cease and desist order amendments
9/10/20 Case management update (3), (5), (16) Old case briefing involving beneficial reuse of dredged material at Rich Island Duck Club Briefing and Public Hearing on Proposed Amendments to BCDC Chapter 13 Enforcement Regulations
10/1/20 Case management update (3), (5), (16) Union Point Park proposed revised cease and desist order amendments to address the encampment, maintenance and access requirements
10/28/20 Case management update (3), (5), (16) Richardson Bay’s abandoned vessel management transition plan to protect the habitat and bring the area into compliance with the Commission’s laws and policies update.
11/12/20 Case management update (3), (5), (16) City of Sausalito, Richardson Bay, discussion of elements of an agreement to include the abandoned vessel management transition plan to protect the habitat and bring the area into compliance with the Commission’s laws and policies update
12/10/20 Case management update (3), (5), (16) Unauthorized activity case in East Lagoon White Slough parcel in the City of Vallejo in a muted-tidal seasonal marsh now wetland proposed cease and desist order
12/16/20 Case management update (3), (5), (16) City of Sausalito, Richardson Bay, proposed settlement agreement
2/11/21 Case management update (3), (5), (16) Case Resolution Process Complex Enforcement Cases
2/24/21 Case management update (3), (5), (16) Oldest case resolution efforts (3) Union Point Park cease and desist order compliance update
3/11/21 Case management update (3), (5), (16) Union Point Park cease and desist order compliance update
3/24/21 Case management update (3), (5), (16) Individual Case Resolution Progress Update
Richardson Bay’s abandoned vessel management transition plan to protect the habitat and bring the area into compliance with the Commission’s laws and policies update.
6/23/21 Case management update (3), (5), (16) Oldest case resolution efforts (3)
10/14/21 Case management update (3), (5), (16) Program Improvement Update Case Resolution Update Oldest case resolution efforts (3)

Issues Not Yet Discussed/Not Scheduled for Committee Discussion

  1. Permit fees: Commission approved – Changes took effect July 1, 2020.
  2. Suisun Marsh Program: Completed compliance review January 31, 2020. In February 2020, the Commission started a collaborative process with the Suisun local governments and agencies to prepare a comprehensive review of the Marsh Plan and Local Protection Plan for any needed amendments.
  3. Citizens Advisory Committee: Commission discussion on January 3, 2019, with decisionnot to reconstitute.
  4. Bay Fill Clean-up and Abatement Fund spending stopped June 30, 2021.
  5. Workforce study, including compliance position recommendation: Mission based review began November 2019 through California Department of Finance final result pending, completion deferred.
  6. Funding an integrated database to enhance efficiency: pending discussions with Department of Information Technology and Department of Finance
October 15, 2021