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BEGIN:VEVENT
DTSTART;TZID=UTC:20230125T093000
DTEND;TZID=UTC:20230125T120000
DTSTAMP:20231009T231032Z
CREATED:20230126T061410Z
LAST-MODIFIED:20231009T231032Z
UID:10000017-1674639000-1674648000@www.bcdc.ca.gov
SUMMARY:January 25\, 2023 Enforcement Committee Meeting
DESCRIPTION:This Commission meeting will be conducted in a hybrid format in accordance with SB 189 (2022). To maximize public safety while maintaining transparency and public access\, members of the public can choose to participate either virtually via Zoom\, by phone\, or in person at the location listed above. Physical attendance at Metro Center requires that all individuals adhere to the site’s health guidelines including\, if required\, wearing masks\, health screening\, and social distancing. \nBCDC strongly encourages participation virtually through the Zoom link below due to changing COVID conditions. \nIf you have issues joining the meeting using the link\, please enter the Meeting ID and Password listed below into the ZOOM app to join the meeting. \nJoin the meeting via ZOOM \nhttps://bcdc-ca-gov.zoom.us/j/88332950368?pwd=a2x4cVJ0TStRNnFnNVZkRnF3RzdOQT09 \nTeleconference numbers1 (866) 590-5055Conference Code 374334 \nMeeting ID883 3295 0368 \nPasscode591828 \nIf you call in by telephone: \nPress *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak  \n				\n				\n				\n				\n				Tentative Agenda\n				\nCall to Order\nRoll Call\nPublic CommentsThe Committee will hear public comments on matters that are not on the agenda. \nApproval of Draft Minutes from the December 21\, 2022\, Enforcement Committee meeting (PDF)\nEnforcement ReportStaff will update the committee on the current status of the enforcement program’s activities.(Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]\nUpdate Regarding Point Buckler Island Enforcement Matter (Cease and Desist Order CCD2016.002.00). CANCELLEDDeputy Attorney General Shari Posner will provide an update on the continued efforts to enforce the court judgments in the Point Buckler matter (Duck Club #801; Solano County Assessor’s Parcel No. 0090-020-010)\, which is located off the western tip of Simmons Island\, Solano County\, in the Primary Management Area of Suisun Marsh.(Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]\nPublic Hearing and Vote on Stipulated Cease and Desist Order and Civil Penalty Order Number 2023.001.00 (BCDC Enforcement Case ER2020.021.00) (PDF).The Committee will hold a public hearing to address the unauthorized development of Duck Club #423 (Family Gun Club) in the Primary Management Area of Suisun Marsh\, Benicia\, Solano County\, and vote on a recommended enforcement decision to adopt a stipulated Cease and Desist and Civil Penalty Order to require remedial actions at the site\, and to pay $215\,630 in administrative civil penalties.(Brent Plater) [415/352-3628; brent.plater@bcdc.ca.gov]Executive Director’s Recommended Enforcement Decision Exhibits (PDF) // Proposed Stipulated Order with Exhibits (PDF) // Violation Report and Complaint with Exhibits (PDF) // Statement of Defense with Exhibits (PDF) // Public Comment (PDF) // Late Submission (PDF)\nAdjournment\n\n			\n				\n				\n				\n				\n				Meeting Minutes\n				January 25\, 2023 Enforcement Committee Meeting Transcript\n2023.01.25 Recording Transcript – Enforcement Committee Meeting \nMarie Gilmore\, Chair: The B. C. DC. Enforcement Committee \nMarie Gilmore\, Chair: is hereby call to order. My name is Marie Gilmour\, and I am the chair of this committee. \nMarie Gilmore\, Chair: Commissioners\, please ensure that your video camera is always on\, and please mute yourself when you are not speaking. \nMarie 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. \nMargie Malan\, BCDC HOST: Excuse me. Matthew Gilmore. \nMargie Malan\, BCDC HOST: Commissioner Ranch. I had joined us. \nSanjay Ranchod\, Commissioner: Good morning. \nMarie Gilmore\, Chair: Good morning. Welcome. \nJohn Vasquez\, Commissioner: Good morning\, John. \nHmm. \nMarie Gilmore\, Chair: Okay\, Matthew. \nMatthew Trujillo\, Enforcement Policy Manager: Commissioner Isa \nRebecca Eisen\, Commissioner: here. \nMatthew Trujillo\, Enforcement Policy Manager: Commissioner. \nSanjay Ranchod\, Commissioner: Yeah. \nJohn Vasquez\, Commissioner: What’s more for the Record Commissioner \nMatthew Trujillo\, Enforcement Policy Manager: share you more. \nMarie Gilmore\, Chair: Here \nMarie Gilmore\, Chair: we have a quorum present\, and are duly constituted to conduct business. \nMarie Gilmore\, Chair: and before we get to item 3 on our agenda. I would like to make a comment\, an announcement that \nMarie Gilmore\, Chair: the previously scheduled update on Point Buckler has been withdrawn. \nMarie Gilmore\, Chair: That was our previous item Number 6. So if you were here for that\, it will not be heard today. \nMarie Gilmore\, Chair: So we’re on to item number 3\, which is the public comment\, and in accordance with our usual practice\, and is indicated on the agenda. We will now have general public comment on items not on today’s agenda. \nMarie Gilmore\, Chair: and we have received \nMarie Gilmore\, Chair: 0 written public \ncomments. \nMarie Gilmore\, Chair: but for members of the public who are present. If you would like to speak either during the general public comment period or during the public comment period for an item on the agenda. \nMarie Gilmore\, Chair: Please raise your hand in the zoom application by clicking on the participants icon at the bottom of your screen and look in the box where your name is listed under attendees. \nMarie Gilmore\, Chair: Find the small palm icon on the left. If you click on that palm\, icon\, it will raise your hand. \nMarie Gilmore\, Chair: or if you are joining this meeting by phone\, you must style Star 9 to raise your hand and then dial star 6 on your keypad to unmute your phone. When the host asks you. In order to make a comment. \nMarie Gilmore\, Chair: the meeting hosts will call on individuals who have raised their hands in the order in which they were raised. After you called on\, you will be unmuted\, so that you can share your comments. \nMarie Gilmore\, Chair: Please announce yourself by first and last name for the record. Before making your comment. \nMarie Gilmore\, Chair: Commenters are limited to 3Â min to speak. \nMarie Gilmore\, Chair: Please keep your comments respectful and focus. We are here to listen to any individual who request to speak\, but each speaker has the responsibility to act in a civil and courteous manner\, as determined by the chair. \nMarie Gilmore\, Chair: We will not tolerate hate\, speech\, direct threats\, indirect threats\, or abuse of language. \nMarie Gilmore\, Chair: We will mute anyone who fails to follow these guidelines. \nMarie Gilmore\, Chair: So\, Margie\, do we have any hands raised by the public? \nMargie Malan\, BCDC HOST: There are no hands based. \nMarie Gilmore\, Chair: Okay\, thank you very much. \nMarie Gilmore\, Chair: So that brings us to item number 4\, which is approval of the draft minutes. We’ve all been furnished draft minutes from our last meeting \nMarie Gilmore\, Chair: committee members. I would appreciate a motion and a second to approve these. \nRebecca Eisen\, Commissioner: so moved. \nJohn Vasquez\, Commissioner: move by Commissioner Eisen\, I need a second. \nMarie Gilmore\, Chair: Thank you. \nMarie Gilmore\, Chair: So all in favor of approving the graph meeting minutes. Please raise your hand. \nMarie Gilmore\, Chair: and the motion carries unanimously. Thank you all. \nMarie Gilmore\, Chair: So the next item\, item\, 5 on the agenda is the Enforcement report and Enforcement policy manager. Matthew Tre. Here will we will provide the report. Matthew. \nMatthew Trujillo\, Enforcement Policy Manager: Good morning\, and I belated Happy New Year to you\, Chair and to all the committee members. This is our first meeting of the year. \nMatthew Trujillo\, Enforcement Policy Manager: There are only 2 brief items to report out on today. The first item\, as usual\, is a case update Since our last meeting that took place on December 20\, first\, 2022\, \nMatthew Trujillo\, Enforcement Policy Manager: and in the past month we received 3 new cases resolved 3 cases so as of today \nMatthew Trujillo\, Enforcement Policy Manager: we are at 93 unresolved cases in the queue. \nMatthew Trujillo\, Enforcement Policy Manager: And second is an update on our efforts to fill the current cpa to or sorry coastal program analysts level 2 vacancy \nMatthew Trujillo\, Enforcement Policy Manager: I took your feedback from the last meeting to Senior Staff\, and I’m. Reporting back that we are looking at the possibility of extending the term from 6 months to one or 2 years\, depending on such factors as available funding. \nMatthew Trujillo\, Enforcement Policy Manager: I continue\, on the other hand\, to. \nMatthew Trujillo\, Enforcement Policy Manager: or nevertheless\, to spread the word about the position to whoever I I I come in contact with. For instance\, yesterday I announced the opening to a group of my colleagues when I was attending \nMatthew Trujillo\, Enforcement Policy Manager: a training at Cnr\, a headquarters in Sacramento. \nMatthew Trujillo\, Enforcement Policy Manager: This concludes my report\, and i’ll be glad to entertain any. Follow up questions \nMatthew Trujillo\, Enforcement Policy Manager: that you may have at this time. \nMarie Gilmore\, Chair: Thank you\, Matthew. Does anybody have any questions for Matthew. \nMarie Gilmore\, Chair: seeing none? Are there any members of the public who wish to comment on this item? \nMargie Malan\, BCDC HOST: I don’t see anybody. \nMarie Gilmore\, Chair: Okay\, Thank you\, Margie. \nMarie Gilmore\, Chair: Okay. So that brings us to our next item\, which is item 7 made the announcement that item 6. \nMarie Gilmore\, Chair: The Point Buckler report has been withdrawn. \nMarie Gilmore\, Chair: And so\, and next\, our next agenda item is a public hearing and vote on a recommended enforcement decision to adopt a proposed stipulated cease and the Civil Penalty Order\, Ccd: 2023.0\, 0\, 1.0 0 \nMarie Gilmore\, Chair: to address the unauthorized Development of Duck Club number 423\, the Family Gun Club in the primary management areas in marsh in the city of Venetia solonica county \nMarie Gilmore\, Chair: The record for this matter includes the violation report and complaint. Respondent Statement of defense\, the recommended Enforcement decision and proposed stipulated order and all other items identified by B. C. DC. Regulation \nMarie Gilmore\, Chair: 11 3 70 \nMarie Gilmore\, Chair: at this time will the representatives or representative for the respondent please identify themselves and their association with the respondent for the record. \nDonal Cummins: I am Donald Cummins\, I’m. The attorney for the \nDonal Cummins: Prices\, who are the owner of the subject property. \nMarie Gilmore\, Chair: Okay\, thank you\, sir. \nMarie Gilmore\, Chair: I will now invite lead Enforcement Attorney Brent\, player to give his presentation. \nMarie Gilmore\, Chair: Mr. Plater. I understand that the respondents have agreed to the terms of a proposed stipulated order\, since the item was first put on the agenda\, and so please present the Staff’s recommendation for today. \nBrent Plater: Thank you. Chair Gilmore. Yes\, that’s correct. We based on the direction we received at the last committee. Hearing on this matter. \nBrent Plater: We worked with the Family Duck Club and their their representatives to prepare a stipulated season to assist in still penalty order for the committee’s consideration\, and we recommend that the committee adopt it\, and recommend to the full commission that they adopt the finalized \nBrent Plater: seasoned Assistant Civil Penalty Order at the February sixteenth meeting \nBrent Plater: the new stipulated\, cease and desist Order addresses the violations by requiring family that club to create a Wetland Restoration plan and submit it to B. C DC. To remediate the the required \nBrent Plater: preserved wetland near the the Family Duck Club \nBrent Plater: Family Duck club’s headquarters. \nBrent Plater: That’s that plan will need to be submitted by june 2\,023\, with a currently a date expected to actually implement that plan. By the end of the year \nBrent Plater: the violation addressing the fill of the \nBrent Plater: the the canal that went around the the the\, the the \nBrent Plater: the levy around the exterior portion of the Deck Duck Club will also require some offsite mitigation. Compensary mitigation actions. Similarly\, they’ll have a plan submitted to B. Cdc. By June 2\,023\, explaining what they intend to do to mitigate for that destroyed area \nBrent Plater: and implement that by the end of the year. Now\, both of those dates for implementation are expected to be fulfilled by. \nBrent Plater: We. We will have better information about the date to fulfill those those mandates. Once we receive the plan\, so it is very likely that those dates may be changed by executive director. Order. Once those plans are reviewed by B Cdc. And ultimately approved. The December 2031 2023 dates are there as a sort of a placeholder for now. So until we get some more information about how long it may actually take for those plans to be implemented. \nBrent Plater: It also requires the \nBrent Plater: the Family Duck club to family gun club\, to actually to pay civil liability for the violations\, though the total civil liability has been reduced to $215\,630. Compared to the previous version that was presented to the committee\, which had penalties at $306\,000. \nBrent Plater: The reductions are largely from combining some violations for events\, events that were held at the Family Duck Club\, family\, gun\, club\, clay’s operation. \nBrent Plater: and by a reduction in the total amount of of daily penalty for the operation of the of the family club Clays operation. \nBrent Plater: so that brought the total penalty down to $215\,630. \nThose \nBrent Plater: terms have been reviewed by the Representatives at \nBrent Plater: Family Gun Club\, and they have agreed to those terms\, as i’m sure Mr. Cummins will will tell you. And so we have the stipulated order adopting these findings and these these requirements before you today. \nBrent Plater: I’m happy to answer any questions you may have about the changes in the in the order \nBrent Plater: as the as the meeting pursuit completes. \nMarie Gilmore\, Chair: Okay\, thank you\, Brent. Before we go to questions. I just want to get on the record. If\, Mr. Cummings\, do you agree? Do you and your \nMarie Gilmore\, Chair: and the respondents agree to the stipulated order? \nWe? We do\, your honor. I have \nDonal Cummins: just 2 comments\, if I may. \nDonal Cummins: on page one of the stipulated order \nDonal Cummins: that’s Roman numeral\, one \nDonal Cummins: letter F. \nDonal Cummins: It speaks to 5 unauthorized structures\, that number should be 4\, \nDonal Cummins: and that would be consistent with Roman numeral to on page 2. Item\, 5. That correctly states there are 4 unauthorized structures \nDonal Cummins: that comment\, and then the only other one is. \nDonal Cummins: I don’t know\, to to confirm or agree with Mr. Plan\, or what he said\, that \nDonal Cummins: on the mitigation issues the the December 31 2\,023. I want to confirm \nDonal Cummins: is a target day\, but it’s also a placeholder\, because that’s construction in a marshy area\, and there’s \nDonal Cummins: a lot of \nDonal Cummins: a lot of things that have to be considered before before it can actually be done. So as long as the Commissioner \nDonal Cummins: as authority to adjust the \nDonal Cummins: completion dates of those were okay. The rest of the order is fine. \nMarie Gilmore\, Chair: That’s fine. That would be the executive director once. This is approved by us\, and it’s recommended to the full commission\, and the full Commission approves it. \nMarie Gilmore\, Chair: So thank you. So i’m going to open. Well\, I see Commissioner Vasquez. \nJohn Vasquez\, Commissioner: Thank you. The \nJohn Vasquez\, Commissioner: The Family duck. The Family Gun Club is not in the city of Benitia. It’s on Venetia Road. \nJohn Vasquez\, Commissioner: It’s in the unincorporated small county. \nJohn Vasquez\, Commissioner: I think there’s a \nJohn Vasquez\, Commissioner: it says in the title of Benisha\, but it’s on initial road. Is it not \nJohn Vasquez\, Commissioner: Mr. Coming? \nDonal Cummins: It’s actually on Pierce Drive here\, and and I think it’s a I do think it’s a Venetia address\, though \nDonal Cummins: at least for post office purposes. I I think it’s a. But the permitting authority is the only is Islamic County itself. \nJohn Vasquez\, Commissioner: So yes\, it’s. I think it comes off of initial route or something like that. \nDonal Cummins: Yes. \nDonal Cummins: comes off the front edge of there. \nJohn Vasquez\, Commissioner: Yeah\, the address would be Benisha. \nJohn Vasquez\, Commissioner: but the it. \nJohn Vasquez\, Commissioner: the provincial authority\, is Song County. \nJohn Vasquez\, Commissioner: Secondly\, the to the timeline \nJohn Vasquez\, Commissioner: in the unincorporated after October fifteenth. You can’t do the grading based on our grading ordinance. \nJohn Vasquez\, Commissioner: so there some of that has to come into play should the plan not be \nJohn Vasquez\, Commissioner: fully developed or submitted in in the construction time to do the repairs. And the marsh has its own set of standards\, too. So. \nJohn Vasquez\, Commissioner: as Mr. Coming\, said that it it’s a it’s a placeholder date. It’s not. It can’t be held exact\, because depending on weather and conditions in the marsh \nJohn Vasquez\, Commissioner: really determines \nJohn Vasquez\, Commissioner: the work you can do. \nJohn Vasquez\, Commissioner: And and lastly\, explain to me again. Oh\, why there is a \nJohn Vasquez\, Commissioner: fine attached to events. \nJohn Vasquez\, Commissioner: I’m still confused about that. \nBrent Plater: So the way we’ve thank you for the questions and the the clarification points. We will make the correction to change the the 5 unauthorized structures for\, and I don’t believe the order has anything specific about the location \nBrent Plater: in or outside of Venetia\, but that is\, I think\, that also is \nBrent Plater: a a an important point on the the title of it that there’s there’s a slight slight \nmistaken that \nBrent Plater: in the in the title of the agenda item. \nBrent Plater: But in terms of the events\, so the way we’ve looked at the the courses. And you know\, Commissioner\, I’ve been here not very long. You’ve been here a lot longer than me\, so\, and you know i’m learning learning things every day. \nBrent Plater: But the way that I understood these alleged violations to fit within our regulations and and requirements is that there is a the development of the course itself\, which was an act that was not within the Duck Club management plan\, which was that the change in the way that I understand that then\, I think\, regulated events out there. But it \nJohn Vasquez\, Commissioner: it’s the fact that the work was done and the events occurred by benefit of that work being done which wasn’t permitted by us. \nBrent Plater: That’s right. That wasn’t permitted\, and then so that that was like one category of the violations and the other sort of place of of violations where these\, the the events themselves\, which arguably have these additional impacts\, beyond which\, in in in the absence of having an authorized \npre-authorized \nBrent Plater: clay’s operation out there\, would have at least required some additional kind of permitting \nBrent Plater: from from B. Cdc. Given the nature of those events if they had just been. You know\, like other events that we’re aware of in the marsh where \nBrent Plater: you know their events that were \nBrent Plater: held more \nBrent Plater: more closely to the to the membership\, you know. Perhaps it would have been thought of differently. That’s how we broken down\, based in in this case\, and I think we have a a stipulated order that made sense also to Family Gun Club the way we thought about it now. And so I I I think that’s \nJohn Vasquez\, Commissioner: that we’re we’re on the right track now. Thank you for that. \nJohn Vasquez\, Commissioner: That’s it for me. \nMarie Gilmore\, Chair: Okay\, do any other commissioners have any questions? \nMarie Gilmore\, Chair: I don’t see any. \nMarie Gilmore\, Chair: Margie\, do we have any members of the public \nMarie Gilmore\, Chair: wishing to comment on this? \nMargie Malan\, BCDC HOST: I don’t see any. \nMarie Gilmore\, Chair: Okay. \nMarie Gilmore\, Chair: all right. \nMarie Gilmore\, Chair: So if there are no other comments from \nMarie Gilmore\, Chair: committee members\, and no comments from members of the public. \nMarie Gilmore\, Chair: I would like Brent. Could you restate the staff recommendation\, please? And then we can get a motion in a second on it. \nBrent Plater: so our recommendation staff recommendation would be to with a. With this modification to one F to change that from 5 to 4 \nBrent Plater: for the committee to adopt the the Executive Director’s recommended enforcement decision as its own recommendation to the full Commission for its consideration and final adoption at the at the next commission\, hearing after February sixteenth. \nBrent Plater: of 2\,023. \nMarie Gilmore\, Chair: Okay\, I will entertain a motion on this. \nSanjay Ranchod\, Commissioner: So moved \nMarie Gilmore\, Chair: That was Commissioner ran shot. \nMarie Gilmore\, Chair: I need a second. \nMarie Gilmore\, Chair: I think that’s Rebecca trying to second. But you’re muted. \nMarie Gilmore\, Chair: Second\, Thank you. \nMarie Gilmore\, Chair: Okay. Let’s take a roll call. Vote. \nOkay. \nMarie Gilmore\, Chair: Is that\, Margie \nMargie Malan\, BCDC HOST: Matthew. \nMarie Gilmore\, Chair: Yes\, for you. \nMatthew Trujillo\, Enforcement Policy Manager: Here I am. \nMatthew Trujillo\, Enforcement Policy Manager: Commissioner Eisen. \nRebecca Eisen\, Commissioner: Hi. \nMatthew Trujillo\, Enforcement Policy Manager: Commissioner Ronchad. \nSanjay Ranchod\, Commissioner: Yes. \nJohn Vasquez\, Commissioner: Mr. Vasquez. Yes. \nMatthew Trujillo\, Enforcement Policy Manager: chair\, Gilmour. \nMarie Gilmore\, Chair: Yes. \nMarie Gilmore\, Chair: thank you. The \nMarie Gilmore\, Chair: The enforcement decision is adopted unanimously. \nMarie Gilmore\, Chair: and this matter is scheduled to be heard and voted on by the full commission at its february sixteenth\, 2\,023 meeting. \nMarie Gilmore\, Chair: which is scheduled to start at 10’clock at the Metro Center\, 375 Field Street in San Francisco \nMarie Gilmore\, Chair: online and remote access to the meeting will be available as well. \nMarie Gilmore\, Chair: and for more information and updates\, please visit \nMarie Gilmore\, Chair: and navigate to the public meetings. Section. \nDonal Cummins: Yes\, Mr. Commons has his hand up \nDonal Cummins: commission date after February nineteenth. \nDonal Cummins: on February 16\, I’m. Conflicted with a \nDonal Cummins: hearing in another matter in San Francisco. \nMarie Gilmore\, Chair: Can we leave this to staff to work it out in terms of of of the date. \nMarie Gilmore\, Chair: Because I don’t. Yes. \nMarie Gilmore\, Chair: thank you \nMarie Gilmore\, Chair: all right\, thank you\, Mr. Cummings. Be in contact with staff\, and we’ll work out a mutually agreeable date. \nThank you\, though. \nMarie Gilmore\, Chair: Thank you. \nMarie Gilmore\, Chair: Okay. Anybody else have anything Commissioner \nSanjay Ranchod\, Commissioner: appreciation to the staff for continuing to work on this matter over many months to bring it to a satisfactory resolution. \nMarie Gilmore\, Chair: Thank you\, and I also want to comment on the fact\, You know\, congratulations to staff and the respondents. It was a \nMarie Gilmore\, Chair: It was not exactly a straight line\, but we got there in the end\, and I think it’s something that all of us can feel happy about. So Thank you all. \nMarie Gilmore\, Chair: and at this point in time I will entertain a motion to adjourn. \nJohn Vasquez\, Commissioner: I don’t think any of us want to lead. \nJohn Vasquez\, Commissioner: because we weren’t here long enough. Is that it? \nJohn Vasquez\, Commissioner: Do you need a motion? I’ll move. \nMarie Gilmore\, Chair: Thank you. \nMarie Gilmore\, Chair: Okay. Motion by Vasquez\, second by Eisen. And thank you very much. Everybody staff and Mr. Cummings go all go forth and enjoy the rest of your day. Thanks so much. \nGoodbye. \nbye. \n			\n				\n				\n				\n				\n				Learn How to Participate\n				Bagley-Keene Open Meeting Act\nAs 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. \nHow to Provide Comments and Comment Time Limits\nPursuant 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. \nIf 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. \nQuestions and Staff Reports\nIf 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. \nCampaign Contributions\nState 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. \nAccess to Meetings\nMeetings 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.
URL:https://www.bcdc.ca.gov/event/january-25-2023-enforcement-committee-meeting/
CATEGORIES:Enforcement Committee
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=UTC:20221221T093000
DTEND;TZID=UTC:20221221T120000
DTSTAMP:20231017T051058Z
CREATED:20221222T013133Z
LAST-MODIFIED:20231017T051058Z
UID:10000025-1671615000-1671624000@www.bcdc.ca.gov
SUMMARY:December 21\, 2022 Enforcement Committee Meeting
DESCRIPTION:This Commission meeting will be conducted in a hybrid format in accordance with SB 189 (2022). To maximize public safety while maintaining transparency and public access\, members of the public can choose to participate either virtually via Zoom\, by phone\, or in person at the location listed above. Physical attendance at Metro Center requires that all individuals adhere to the site’s health guidelines including\, if required\, wearing masks\, health screening\, and social distancing. \nBCDC strongly encourages participation virtually through the Zoom link below due to changing COVID conditions. \nIf you have issues joining the meeting using the link\, please enter the Meeting ID and Password listed below into the ZOOM app to join the meeting. \nJoin the meeting via ZOOM \nhttps://bcdc-ca-gov.zoom.us/j/88450250278?pwd=cGlFWXJ5ZmJMR3VmZWlDUjBGQ05IUT09 \nSee information on public participation \nTeleconference numbers1 (866) 590-5055Conference Code 374334 \nMeeting ID884 5025 0278 \nPasscode185383 \nIf you call in by telephone: \nPress *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak  \n				\n				\n				\n				\n				Tentative Agenda\n				\nCall to Order\nRoll Call\nPublic CommentsThe Committee will hear public comments on matters that are not on the agenda. \nApproval of Draft Minutes from the December 8\, 2022\, Enforcement Committee meeting (PDF)\nEnforcement ReportStaff will update the committee on the current status of the enforcement program’s activities.(Matthew Trujillo) [415/352-3633; matthew.trujillo@bcdc.ca.gov]\nPublic Hearing and Vote on an Executive Director’s Recommended Enforcement Decision\, including a Proposed Complaint for Civil Penalties CCD2022.008.00 to resolve three violations pertaining to BCDC Enforcement Case ER2019.063.00 (PDF) – POSTPONEDThe Committee will hold a public hearing and will vote on whether to recommend to the full Commission the adoption of a proposed Order for Civil Penalties to finally resolve two violations of the terms and conditions of BCDC Permit No. 1973.014.04 as well as Section 66632(a) of the McAteer-Petris Act and one violation of a condition of Permit No. M1985.030.01 by the permittee: Seaplane Investments\, Inc.\, operating at 240-242 Redwood Highway Frontage Road\, Mill Valley\, Marin County. Respondent owes $21\,170 in total unpaid penalties for the violations.(Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]Executive Director’s Recommended Enforcement Decision Exhibit A – Proposed Civil Penalty Order (PDF) //Executive Director’s Recommended Enforcement Decision Exhibit B – Complaint for Administrative Civil Penalties (PDF) //  Executive Director’s Recommended Enforcement Decision Exhibit C- Statement of Defense (PDF)\nPublic Hearing and Vote on an Executive Director’s Recommended Enforcement Decision\, including Proposed Cease and Desist and Civil Penalty Order Number CCD2022.006.00 (BCDC Enforcement Case ER2019.063.00) (PDF) – POSTPONEDThe Committee will hold a public hearing to address the permit violations and unauthorized development in the Bay and shoreline band at 240-242 Redwood Highway Frontage Road\, Mill Valley\, Marin County\, and vote whether to adopt a Recommended Enforcement Decision proposed by the Executive Director which includes a proposed Cease and Desist and Civil Penalty Order to require remedial actions at the site and payment of $180\,000 in administrative civil liability.Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.govExecutive Director’s Recommended Enforcement Decision Exhibit A – Proposed Cease and Desist Order (PDF)  // 12-21-Item7-Executive-Directors-Recommended-Enforcement-Decision-Exhibit-B-Violation-Report-Complaint-with-exhibits // Executive Director’s Recommended Enforcement Decision Exhibit C to C9 – Statement of Defense (PDF) // Public Comment (PDF) // Late Submission (PDF)\nQuarterly Update to the Committee on the Simmons Island Habitat Restoration Project (Enforcement Case 1990.026.00).Anchor QEA\, the Port of Stockton’s consultant\, will update the Committee on the project timeline\, including the expected completion date\, the progress to-date and the tasks remaining to complete this project and resolve the case.Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.govPresentation (PDF)\nAdjournment\n\n			\n				\n				\n				\n				\n				Learn How to Participate\n				Bagley-Keene Open Meeting Act\nAs 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. \nHow to Provide Comments and Comment Time Limits\nPursuant 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. \nIf 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. \nQuestions and Staff Reports\nIf 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. \nCampaign Contributions\nState 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. \nAccess to Meetings\nMeetings 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.
URL:https://www.bcdc.ca.gov/event/december-21-2022-enforcement-committee-meeting/
LOCATION:Webinar
CATEGORIES:Enforcement Committee
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