September 4, 2025 Commission Meeting
2025-09-04 13:00 - 17:00 (America/Los_Angeles)
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Primary physical locationMetro Center375 Beale Street, 1st Floor, Board Room,San Francisco, CA415-352-3600
Teleconference locations• Office of Supervisor John Gioia: 11780 San Pablo Ave., Ste. D, El Cerrito, CA 94530• 675 Texas St., Ste. 6002, Fairfield, CA. 94533• 455 Golden Gate Ave, San Francisco, CA 94102• 500 County Center, 5th Fl., Buckeye Conf. Rm., Redwood City, CA 94063• Napa County District 5 Office: 4381 Broadway, Ste. 102, American Canyon, CA 94503• 100 Howe Ave., Ste. 100 South, Sacramento, CA 95817• East Sonoma County Services Center: 19080 Lomita Ave., Sonoma, CA 95476• 433 Natoma St., Fl. 3, San Francisco, CA 94103• 890 Osos St., Ste. H, San Luis Obispo, CA 93401• 176 E. Blithedale Ave., Mill Valley, CA 94941• 2379 Sheffield Dr., Livermore, CA 94550• 112 Trellis Dr., Front Porch, San Rafael, CA 94903• Mountain View City Hall: 500 Castro St.,3rd Fl., Clerks Conf. Rm., Mountain View, CA 94041• 3833 Lakeshore Ave., Oakland, CA 94610• 10 1/2 Miles Northern Highway, Ladyville, Belize• Marin Civic Center: 3501 Civic Center Dr., Ste. 329, San Rafael, CA 94903
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/81170166315?pwd=[REDACTED]
Live Webcast
See information on public participation
Teleconference numbers1 (866) 590-5055Conference Code 374334
Meeting ID811 7016 6315
Passcode794788
If you call in by telephone:Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public Comment Period (Each speaker is limited to three minutes)A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov][publiccomment@bcdc.ca.gov]
Report of the Chair
Report of the Executive Director
Consent Calendara) Approval of Minutes from August 21, 2025(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov]b) Commission Consideration of Regional Shoreline Adaptation Plan Technical Services Contract AmendmentThe Commission will consider authorizing the Executive Director to amend an existing contract to add up to $64,000 to an existing contract with the Aquatic Science Center/San Francisco Estuary Institute (ASC/SFEI) to provide additional technical services related to BCDC’s Regional Shoreline Adaptation Plan.(Todd Hallenbeck) [415-352-3667; todd.hallenbeck@bcdc.ca.gov]

Commission Consideration of Administrative Matters(Harriet Ross) [415-352-3615; harriet.ross@bcdc.ca.gov]

Public Hearing and Vote San Francisco Bay Pipeline Cover Restoration ProjectThe Commission will hold a public hearing and possibly vote on an application by Kinder Morgan Energy Partners, SFPP, L.P. (SFPP) to repair five exposed sections of a pipeline corridor that runs between the Oakland Airport in Alameda County and Brisbane in San Mateo County. The repairs consist of placing an 18-inch layer of pea gravel, rock riprap, and concrete revetment mats over a total of 0.53 acres of subtidal Bay. (Rowan Yelton) [ 415-352-3613; rowan.yelton@bcdc.ca.gov]Staff Summary // Staff Recommendation // Staff Presentation
Briefing on Proposed Amendments to the Commission’s Permitting RegulationsStaff will brief the Commission on proposed amendments to the Commission’s regulations to streamline and improve the regionwide permit program, reduce permitting burdens for straightforward and routine activities, and make other updates to clarify and improve permitting rules.(Ethan Lavine) [415-352-3618; ethan.lavine@bcdc.ca.gov]Staff Report // Revised Amendments to Permit Regulations // Staff Presentation
Briefing by BCDC Summer InternsBCDC’s three summer interns will give a short briefing on the work they performed during their tenure to support ongoing BCDC projects.(Larry Goldzband) [415-352-3653; larry.goldzband@bcdc.ca.gov]Presentation
Adjournment

Meeting Minutes
Approved Commission Meeting Minutes of 9.4.2025

Audio Recording & Transcript
Meeting Transcript

Learn How to Participate
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.

September 8, 2025 Design Review Board Meeting
2025-09-08 17:00 - 18:30

September 10, 2025 Enforcement Committee Meeting
2025-09-10 09:30 - 12:00

September 17, 2025 RSAP Summer Webinar #4: Getting Started: Engage, Fund, and Initiate Plans
2025-09-17 13:00 - 14:00
Register Here:https://bcdc-ca-gov.zoom.us/webinar/register/WN_VUc_vKCxTfqy8r-xKWEs1A

September 18, 2025 Commission Meeting
2025-09-18 13:00 - 17:00
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Primary physical location
Metro Center375 Beale Street, Yerba BuenaSan Francisco, 415-352-3600
Teleconference locations
• Office of Supervisor John Gioia: 11780 San Pablo Ave., Ste. D, El Cerrito, CA 94530• 675 Texas St., Ste. 6002, Fairfield, CA. 94533• 500 County Center, 5th Fl., Buckeye Conf. Rm., Redwood City, CA 94063• Napa County District 5 Office: 4381 Broadway, Ste. 102, American Canyon, CA 94503• 575 Administration Dr., Rm. 100A, Santa Rosa, CA 95403• 100 Howe Ave., Ste. 100 South, Sacramento, CA 95817• 890 Osos St., Ste. H, San Luis Obispo, CA 93401• 176 E. Blithedale Ave., Mill Valley, CA 94941• 2379 Sheffield Dr., Livermore, CA 94550• Office of the Mayor: 835 E. 14th St., San Leandro, CA 94577• 112 Trellis Dr., Front Porch, San Rafael, CA 94903• 42 Lawrence Ave., Belize City, Belize• Trinity Place: 1188 Mission St., San Francisco, CA 94103• Mountain View City Hall: 500 Castro St.,3rd Fl., Clerks Conf. Rm., Mountain View, CA 94041
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/88061946381?pwd=[REDACTED]
Live Webcast
See information on public participation
Teleconference numbers1 (866) 590-5055Conference Code 374334
Meeting ID880 6194 6381
Passcode794788

If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public Comment Period (Each speaker is limited to three minutes)A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.(Sierra Peterson) [415-352-3608; publiccomment@bcdc.ca.gov]Public Comment / Additional Public Comment
Report of the Chair
Report of the Executive Director
Consent Calendara. Approval of Minutes for September 4, 2025 Meeting(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov]

Commission Consideration of Administrative Matters(Harriet Ross) [415-352-3611; harriet.ross@bcdc.ca.govAdditional Listing of Administrative Matters for September 18, 2025

Public Hearing and Possible Vote to Consider Initiating Proposed San Francisco Bay Plan Amendment No. 1-25, a Cartographic Update to San Francisco Bay Plan Maps.The Commission will hold a public hearing and possibly vote to consider initiating an amendment to San Francisco Bay Plan Part V: The Plan Maps, updating maps and data citations to improve clarity, accuracy, and ADA accessibility. This amendment is for cartographic purposes only and will not result in any policy changes to the Bay Plan.
(Todd Hallenbeck) [415-352-3667; todd.hallenbeck@bcdc.ca.gov]Staff Report // Descriptive Notice // Staff Presentation // Notice of Date of Public Hearing November 2025

Briefing on CEQA Changes BCDC Legal Staff will brief the Commission on two housing bills approved by the State Legislature and signed by the Governor that reform the California Environmental Quality Act, which may have implications for BCDC’s laws and policies.(Michael Ng) [415-352-3610; michael.ng@bcdc.ca.gov]Revised Staff Presentation

Briefing on Annual ReportThe Commission will receive a briefing on BCDC’s 2024 Annual Report. (Larry Goldzband) [415-352-3653; larry.goldzband@bcdc.ca.gov]BCDC 2024 Annual Report
Adjournment

Meeting Minutes

Video recording & transcript

Learn How to Participate
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.

September 24, 2025 Engineering Criteria Review Board Meeting
2025-09-24 13:00 - 17:00
This Engineering Criteria Review Board (ECRB) meeting will be conducted in a hybrid format. 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 below. 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.
Primary physical location
Metro Center375 Beale Street, Yerba Buena RoomSan Francisco, 415-352-3600
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/81787102673?pwd=[REDACTED]
See information on public participation
Teleconference numbers1 (816) 423 4282Conference Code 374334
Meeting ID876 6976 0942
Passcode029929
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order and Meeting Procedure Review (5 minutes)
Staff Updates (5 minutes)
Item of Discussion: California Department of Transportation (Caltrans) Tolay Creek Bridge Replacement Project (BCDC Pre-Application). (150 minutes)The Board will review criteria for the design of the Tolay Creek Bridge Replacement Project (the Project), Package 1 of the State Route (SR) 37 Sears Point and Mare Island Improvement Project. The bridge will be widened, with a lane added to each direction of travel, and lengthened from about 60 to 375 feet, with corresponding excavation of material below the new bridge to widen the creek at that location. The Project is part of a larger program to add a lane to each side of SR37 between SR121 at Sear’s Point and the Mare Island Interchange, approximately 10 miles of what is currently a two-lane highway (one lane in each direction). The Project’s purpose is to provide traffic congestion relief to improve traffic flow at peak travel times and increase vehicle occupancy. In addition, the Project will replace and lengthen the Tolay Creek Bridge to allow for future restoration of the watershed. The Board will advise BCDC staff and the Applicant as to additional studies, analyses, or actions to be undertaken, if recommended, to minimize the risk and consequences to the bridge stability due to a seismic event, overtopping, erosion, or sea level rise. The public may comment on the presentation at its conclusion.(Rowan Yelton) [415-352-3613; rowan.yelton@bcdc.ca.gov]2025.06.05 Letter from ECRB // Caltrans Response // Exhibits // 2025.08.21 Second Letter from ECRB2025.08.29 Caltrans Response // Applicant Presentation
Adjournment

Audio Recording & Transcript

Learn How to Participate
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.

October 2, 2025 Commission Meeting
2025-10-02 13:00 - 17:00

October 6, 2025 Design Review Board Meeting
2025-10-06 17:00 - 18:30

October 16, 2025 Commission Meeting
2025-10-16 13:00 - 17:00
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Primary physical location
Metro Center375 Beale Street, Board RoomSan Francisco, 415-352-3600
Teleconference locations
• Office of Supervisor John Gioia: 11780 San Pablo Ave., Ste. D, El Cerrito, CA 94530• 675 Texas St., Ste. 6002, Fairfield, CA. 94533• 500 County Center, 5th Fl., Buckeye Conf. Rm., Redwood City, CA 94063• 575 Administration Dr., Rm. 100A, Santa Rosa, CA 95403• 100 Howe Ave., Ste. 100 South, Sacramento, CA 95817• 890 Osos St., Ste. H, San Luis Obispo, CA 93401• 2 Horatio St., New York, New York 10014• 14265 Highway 128, Boonville, CA 95415• 701 Laurel Street Allied Arts Room, Menlo Park 94025• 1221 Oak St. Ste. 536, Oakland, CA 94612• 112 Trellis Dr., Front Porch, San Rafael, CA 94903• Trinity Place: 1188 Mission St., Apt. 921, San Francisco, CA 94103• Hiram W. Johnson State Office Building: 455 Golden Gate Ave., San Francisco, CA 94102• Mountain View City Hall: 500 Castro St.,3rd Fl., Clerks Conf. Rm., Mountain View, CA 94041• Office of the Mayor: 835 E. 14th St., San Leandro, CA 94577
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/85652057471?pwd=[REDACTED]
Live Webcast
See information on public participation
Teleconference numbers1 (866) 590-5055Conference Code 374334
Meeting ID856 5205 7471
Passcode709383
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public Comment Period (Each speaker is limited to three minutes)A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.(Sierra Peterson) [415-352-3608; publiccomment@bcdc.ca.gov]
Report of the Chair
Report of the Executive Director
Consent Calendara. Approval of Minutes for September 18, 2025 Meeting(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov]

Commission Consideration of Administrative Matters(Harriet Ross) [415-352-3611; harriet.ross@bcdc.ca.gov
Additional Listing of Administrative Matters

Public Hearing & Possible Vote on an Amendment to BCDC Permit No. 2003.007.06 to Authorize Additional Bay Fill Material for Levee Maintenance (Application for BCDC Permit No. 2003.007.07)
The Commission will hold a public hearing and possibly vote on an application by the California Department of Fish and Wildlife for a material amendment to BCDC Permit No. 2003.007.06, which currently authorizes operations and maintenance activities, including levee maintenance, within the Eden Landing Ecological Reserve (ELER) in the City of Hayward. The proposed project would involve amending the existing permit to authorize placement of up to an additional 50,000 square feet of fill material in the Bay to protect and maintain existing Bayfront levees throughout the ELER. The project would exclude raising or widening the levees beyond their historic footprints.(Schuyler Olsson) [415-352-3668; schuyler.olsson@bcdc.ca.gov]Application Summary // Applicant Presentation // Staff Presentation // Staff Recommendation // Exhibits

Briefing on NOAA Assessment & StrategyBCDC staff will brief the Commission on a draft five-year NOAA Assessment & Strategy (A&S) policy document developed in accordance with requirements of the federal Coastal Zone Management Act. The briefing will describe survey data results from stakeholder outreach, recap key findings, and provide an overview of the upcoming five-year strategy and work plan.(Ujjay Siddarth) [415-352-3632; ujjayan.siddharth@bcdc.ca.gov]
Staff Report // Staff Presentation

Briefing on BCDC’s Strategic Plan
The Commission will discuss progress made on BCDC’s 2023-2025 Strategic Plan throughout the past 36 months and hear a recommendation from the Executive Director to extend the plan for one more year.(Larry Goldzband) [415-352-3653; larry.goldzband@bcdc.ca.gov] Staff Presentation // Strategic Plan Tracker

Adjournment

Meeting Minutes

Video recording & transcript

Learn How to Participate
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.

October 22, 2025 Enforcement Committee Meeting
2025-10-22 09:30 - 12:00
This Enforcement meeting will be conducted in a hybrid format in accordance with SB 544 (2023). 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 below. 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.
Metro Center375 Beale Street, Yerba BuenaSan Francisco, 415-352-3600
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/86539447532?pwd=[REDACTED]
See information on public participation
Teleconference numbers1 (866) 590-5055Conference Code 374334
Meeting ID865 3944 7532
Passcode229455
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public Comment. The Committee will hear public comments on matters that are not on the agenda.
Approval of Draft Minutes from November 14, 2024, Enforcement Committee meetingApproval of Draft Minutes from July 23, 2025, Enforcement Committee Meeting
Enforcement Report. Staff will update the committee on the current status of the enforcement and compliance program’s activities.(Isabel Chamberlain) [415/352-3605; isabel.chamberlain@bcdc.ca.gov]Compliance Presentation
Public Hearing and Vote on Recommended Enforcement Decision to Resolve Enforcement Cases ER2019.038.00, ER2025.001.00, ER2025.002.00, ER2025.003.00, and ER2025.004.00.
The Enforcement Committee will consider a Recommended Enforcement Decision including Proposed Cease and Desist and Civil Penalty Order CCD2025.001.00 issued to Thaddeus Woodin, Steve and Lesley Belcher, Allen Kanady, William Woodin, and the Kittrell Estate for unauthorized fill and development in the Commission’s jurisdiction occurring at various properties adjacent to the Montezuma Slough on Van Sickle Island, Solano County.(Amanda Boyd) [415/352-3643; amanda.boyd@bcdc.ca.gov]Exhibit A. Revised Cease and Desist and Civil Penalty Order CCD2025.001.00 // Exhibit B. Violation Report and Complaint with Exhibits // Exhibit C1 Allen Kanady Statement of Defense // Exhibit C2. Belcher Email Correspondence // Exhibit C3 William Woodin Statement of Defense // Exhibit C4 Kittrell Estate Statement of Defense // Exhibit C5 Steve and Lesley Belcher Statement of Defense // Exhibit D. Leslie Salt Co v San Francisco Bay Conservation // Exhibit E. Email Correspondence from Solano County Sheriffs Office // Exhibit F: Belchers Grant Deed // Exhibit G 2022 Q1/Q2 Enforcement Program Update // Exhibit H 2025.08.12 BCDC Staff Site Visit // Exhibit I: Received on 2025.08.18 Thad Woodin Statement of Defense // Exhibit J1. Confirmation-to-Postpone-Hearing-Kittrell-Estate // Exhibit J2. Confirmation-to-Postpone-Hearing-Bill-Woodin // Exhibit J3. Confirmation-to-Postpone-Hearing-Allen-Kanady // Exhibit J4. Confirmation-to-Postpone-Hearing-Thad-Woodin // Exhibit J5. Confirmation-to-Postpone-Hearing-Steve-and-Lesley-Belcher // Exhibit K. Email correspondence from Allen Kanady 08.29.2025 // Exhibit L 2025.09.22 BCDC Staff Site Visit // Exhibit M. 2025.08.15-Executive-Directors-Recommended-Enforcement-Decision // Exhibit N. Previous Cease and Desist and Civil Penalty Order // Revised Staff Presentation // Proposed Settlement Resolving ER2025.001.00

Adjournment

Meeting Minutes
Partial Transcript Items 6Approved Minutes

Recording

Learn How to Participate
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.

October 22, 2025 Engineering Criteria Review Board Meeting
2025-10-22 13:00 - 17:00

October 31, 2025 Sand Studies Commissioner Working Group
2025-10-31 10:00 - 12:00
Join the Meeting Via Zoom:https://bcdc-ca-gov.zoom.us/j/83404163683?pwd=[REDACTED]
Meeting ID:834 0416 3683
Passcode: [REDACTED]
Teleconference Numbers:Dial by your location• +1 408-961-3929 US• +1 408-961-3927 US• +1 408-961-3928 US• 1 855-758-1310 US Toll-free
If you call in by phone:Press *6 to unmute your phonePress *9 to raise/lower your hand

Agenda
1. Welcome and IntroductionsPatricia Showalter (Chair) will open the meeting and conduct Commissioner roll-call. Brenda Goeden will give a brief overview of the agenda
2. Understanding Sand Mining Process, Transport, and UseRepresentatives from the sand mining industry will respond to the Commissioner’s questions about where and how minded sand is used, whether it stays in the Bay Area, and other information about the sand mining operations in the Bay Area. (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov] Sand Miners Presentation
3. Commission Laws, Policies, and AuthorityThe Commissioners will receive a briefing from staff on laws and policies that are applicable to future sand mining permit applications. Staff will provide the briefing and Commissioners will have the opportunity to ask questions and discuss policy considerations.(Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov] Staff Presentation
4. Sand Studies Commissioner Working Group Accomplishments and Next StepsAs this is the last Sand Studies Commissioner Working Group, Commissioner Showalter and staff will share what the Working Group has accomplished over the past two years and describe the anticipated next steps for the Commission on this issue.(Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov] Staff Presentation
5. General Public Comment PeriodPublic Comment LetterPublic Comment Presentation
6. Adjournment

Recording & Transcript

Transcript

Learn How to Participate
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.

November 3, 2025 Sediment and Beneficial Reuse Commissioner Working Group
2025-11-03 15:00 - 17:00
Join the Meeting Via Zoom:https://bcdc-ca-gov.zoom.us/j/84309003343?pwd=[REDACTED]
Meeting ID:843 0900 3343
Passcode: [REDACTED]
Teleconference Numbers:Dial by your location• +1 408-961-3929 US• +1 408-961-3927 US• +1 408-961-3928 US• 1 855-758-1310 US Toll-free
If you call in by phone:Press *6 to unmute your phonePress *9 to raise/lower your hand

Agenda
1. Welcome and IntroductionsAndy Gunther (Chair) will open the meeting and conduct commissioner roll-call.
2. SWAP Reintroduction and Sediment Science OverviewRachel Cohen (BCDC) will review the agenda and meeting ground rules and will then present an update on the Sediment for Wetland Adaptation Project (SWAP) and summarize the SWAP’s regional context. (Rachel Cohen) [415/352-3661; rachel.cohen@bcdc.ca.gov] Presentation
3. Discussion: Bay Plan Amendment Draft Policy ConceptsRachel Cohen (BCDC) will present on BCDC’s Bay Plan Amendment process, and then Brenda Goeden (BCDC) will present the SWAP team’s draft policy concepts and lead a discussion to receive Commissioner and public feedback. (Brenda Goeden) [415/352-3623; brenda.goeden@bcdc.ca.gov] Presentation
4. Public Comment
5. Adjournment

Recording & Transcript

Learn How to Participate
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.

November 3, 2025 Design Review Board Meeting
2025-11-03 17:00 - 18:30
This Bay Conservation and Development Commission (BCDC) Design Review Board meeting will be conducted in a hybrid format in accordance with Gov. Code 11123.5. 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 below. Physical attendance at the site listed below requires that all individuals adhere to the site’s health guidelines including, if required, wearing masks, health screening, and social distancing.
Metro Center375 Beale Street, First Floor, Yerba Buena RoomSan Francisco, California 415-352-3657
Board member Pellegrini will attend remotely
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/84188754731
See information on public participation
Teleconference numbers
Phone one-tap:+1408-961-3928,,84188754731# US+1408-961-3929,,84188754731# USJoin via audio:+1 408-961-3928 US+1 408-961-3929 US+1 408-961-3927 US1 855-758-1310 US Toll FreeWebinar ID: 841 8875 4731International numbers available: https://bcdc-ca-gov.zoom.us/u/kcyxwmTenh
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order and Meeting Procedure Review
BCDC Staff Updates
Public Comment for items not on the agenda, within BCDC’s jurisdiction
Berkeley Waterfront and Ferry Pier, City of Berkeley, Alameda County; First ReviewThe Design Review Board will hold a review of the Berkeley Waterfront and Ferry Pier project, a proposed electric ferry service located at the Berkeley Marina, in the City of Berkeley, Alameda County. The project proposes demolition of the closed fishing pier and the construction of a new 1,080-foot-long public pier with pedestrian access and a ferry terminal, connected to a 400-foot-long breakwater. The proposal also includes improvements to the surrounding Berkeley Waterfront, including a public plaza, improved site circulation and transportation infrastructure, a Bay Trail extension, parking lot renovations, and new landscaping.(Alyssa Plese) [415-352-3626; alyssa.plese@bcdc.ca.gov]Exhibits // Appendix A // Public Comments
Adjournment

Video recording & transcript

Learn How to Participate
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.

November 6, 2025 Commission Meeting
2025-11-06 13:00 - 17:00
Listing of Administrative Matters for Canceled Commission Meeting
Commission Consideration of Administrative Matters

November 12, 2025 Enforcement Committee Meeting
2025-11-12 09:30 - 12:00
This Enforcement meeting will be conducted in a hybrid format in accordance with SB 544 (2023). 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 below. 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.
Physical Location
Metro CenterTemazcal Room375 Beale StreetSan Francisco, CA 94105415-352-3600
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/83461359695?pwd=[REDACTED]
See information on public participation
Teleconference numbers(816) 423-4282Conference Code 374334
Meeting ID834 6135 9695
Passcode589059
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public CommentThe Committee will hear public comments on matters that are not on the agenda.
Approval of Draft Minutes from the October 22, 2025 Enforcement Committee meeting

Briefing on the City of Sausalito Settlement Agreement. The City of Sausalito staff will brief the Enforcement Committee on the agency’s progress implementing the obligations and deadlines outlined in the BCDC-City of Sausalito Settlement Agreement, dated January 25, 2021.(Amanda Boyd) [415-352-3643; amanda.boyd@bcdc.ca.gov]

POSTPONED Briefing by the Richardson’s Bay Regional Agency-Second 2025 Update (Enforcement Case ER2010.028).
Richardson’s Bay Regional Agency (RBRA) staff will brief the Enforcement Committee on the RBRA’s progress implementing the RBRA-BCDC Settlement Agreement adopted by the Commission in 2021. (Tony Daysog) [415-352-3622; anthony.daysog@bcdc.ca.gov]

Adjournment

Meeting Minutes
2025.11.12 Approved Minutes

Audio Recording

Learn How to Participate
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.

November 19, 2025 Engineering Criteria Review Board Meeting
2025-11-19 13:00 - 17:00

November 20, 2025 Environmental Justice Commissioner Working Group
2025-11-20 09:00 - 11:00
Join the Webinar Via Zoom:https://bcdc-ca-gov.zoom.us/j/87293227079?pwd=[REDACTED]
Meeting ID:872 9322 7079
Passcode: [REDACTED]
Teleconference Numbers:Dial by your location• +1 408-961-3929 US• +1 408-961-3927 US• +1 408-961-3928 US• 1 855-758-1310 US Toll-free
If you call in by phone:Press *6 to unmute your phonePress *9 to raise/lower your hand

Agenda
1. Call to Order, Roll Call, Introductions, and Approval of Agenda Working Group member roll will be called and introductions from visitors and staff will be made. (Phoenix Armenta) [415/352-3604; phoenix.armenta@bcdc.ca.gov]
2. Discussion on the Richmond/San Rafael Bridge Outreach Plan Caltrans and the Bay Area Toll Authority (BATA) will propose a methodology to analyze the environmental justice and social equity impacts of the newly implemented pilot program that modified the multi-use path on the Richmond-San Rafael Bridge. (Katharine Pan) [415-352-3650; katharine.pan@bcdc.ca.gov] Staff Report // Staff Introduction // Permittee Presentation
3. Report Back on EJ Advisors Toxic Tour of CampusZeneca SiteEJ Advisors will report back on the two toxic tours that they hosted with the Richmond Shoreline Alliance in March and April. (Phoenix Armenta) [415/352-3604; phoenix.armenta@bcdc.ca.gov] Advisor PresentationPublic Comment
4. Public Comment
5. Adjournment

Learn How to Participate
Website Access to Environmental Justice Commissioner Working Group Meeting MaterialMaterials dealing with matters on the Environmental Justice Commissioner Working Group meeting agendas may be found on BCDC’s website. To access Environmental Justice Commissioner Working Group meetings, select the “Commission” tab on the website, then select “Commissioner working groups,” and then select “Environmental Justice Commissioner Working Group.”
How to Provide Comments and Comment Time Limits If you would like to comment on an item scheduled for public discussion, you may do so by emailing comments in advance to publiccomment@bcdc.ca.gov until 5 p.m. the day before the meeting, or participating via ZOOM during the meeting during the public comment agenda item.
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. 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 Environmental Justice Commissioner Working Group 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 Environmental Justice Commissioner Working Group members.
Questions and Notice of Future MaterialsIf you have any questions concerning an item on the agenda, would like to receive notice of future meetings, or obtain future materials related to an agenda 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.
Access to MeetingsIf you require special assistance or have technical questions, please contact staff at least three days prior to the meeting via email at helpdesk@bcdc.ca.gov. We will attempt to make the meeting accessible via Zoom accessibility capabilities, as well.

November 20, 2025 Commission Meeting
2025-11-20 13:00 - 17:00
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Primary physical location
Metro Center375 Beale Street, Yerba BuenaSan Francisco, 415-352-3600
Teleconference locations
• 500 County Center, 5th Fl., Buckeye Conf. Rm., Redwood City, CA 94063• Napa County District 5 Office: 4381 Broadway, Ste. 102, American Canyon, CA 94503• 575 Administration Dr., Rm. 100A, Santa Rosa, CA 95403• 100 Howe Ave., Ste. 100 South, Sacramento, CA 95817• 890 Osos St., Ste. H, San Luis Obispo, CA 93401• 176 E. Blithedale Ave., Mill Valley, CA 94941• 2379 Sheffield Dr., Livermore, CA 94550• Trinity Place: 1188 Mission St., Apt. 921, San Francisco, CA 94103• 2500 Acton St., Berkeley, CA 94702• 455 Golden Gate Ave., Ste. 14600, San Francisco, CA 94102
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/82308137200?pwd=[REDACTED]
Live Webcast
See information on public participation
Teleconference numbers
Meeting ID823 0813 7200
Passcode407987
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public Comment Period (Each speaker is limited to three minutes)A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.(Sierra Peterson) [415-352-3608; publiccomment@bcdc.ca.gov]Public Comment
Report of the Chair
Report of the Executive Director
Consent Calendara. Approval of Minutes for October 16, 2025 Meeting(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov]
Withdrawn Commission Consideration of Administrative Matters(Harriet Ross) [415-352-3615; harriet.ross@bcdc.ca.gov]Additional Listing of Administrative Matters Public Comment
`Public Hearing on Proposed Amendments to Permitting RegulationsThe Commission will hold a public hearing on proposed amendments to its permitting regulations designed to streamline and improve the regionwide permit program, reduce permitting burdens for straightforward and routine activities, and make other updates to clarify and improve the permitting program. There will not be a vote on the proposed amendments.(Ethan Lavine) [415-352-3618; ethan.lavine@bcdc.ca.gov]Staff Report
Briefing BCDC Budget Sean Williamson, BCDC’s Fiscal Services Manager, will present a review of BCDC’s FY24-25 budget and discuss the current fiscal year (FY25-26) budget projections.(Sean Williams) [415-352-3637; sean.williams@bcdc.ca.gov]Staff Presentation
Briefing Recap on Legislative MattersThe Commission will receive a briefing from Director of Legislative and External Affairs Rylan Gervase on recently enacted state legislation and federal affairs.(Rylan Gervase) [415 352-3611; rylan.gervase@bcdc.ca.gov]Staff Presentation
Adjournment

Meeting Minutes
Approved Minutes From November 20, 2025

Video recording

Learn How to Participate
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.

December 4, 2025 Rising Sea Level Commissioner Working Group
2025-12-04 10:00 - 12:00
Join the Webinar Via Zoom:https://bcdc-ca-gov.zoom.us/j/83682900715?pwd=[REDACTED]
Meeting ID:836 8290 0715
Passcode: [REDACTED]
Teleconference Numbers:Dial by your location• +1 408-961-3929 US• +1 408-961-3927 US• +1 408-961-3928 US• 1 855-758-1310 US Toll-free
If you call in by phone:Press *6 to unmute your phonePress *9 to raise/lower your hand

Agenda
1. Call to Order
2. Roll Call
3. Review and Discussion of the San Francisco Bay Rising Sea Level Governance Initiative Staff will present a preliminary proposal outlining a collaborative process to explore and resolve sea level rise authority and jurisdictional gaps in the Bay Area, as requested by the Working Group’s members. The presentation will start with the background and context for the initiative, followed by an overview of the key questions the effort may consider, as well as a proposed approach, process, and timeline. Staff will facilitate a discussion with and among Working Group members to gain feedback and guidance on the proposal.(Lisa Herron) [lisa.herron@bcdc.ca.gov; 415/352-3654] Staff Presentation
4. Public Comment
5. Adjournment

Learn How to Participate
Website Access to Rising Sea Level Commissioner Working Group Meeting MaterialMaterials dealing with matters on the Rising Sea Level Commissioner Working Group meeting agendas may be found on BCDC’s website. To access Rising Sea Level Commissioner Working Group meetings, select the “Commission” tab on the website, then select “Commissioner working groups,” and then select “Rising Sea Level Commissioner Working Group.”
How to Provide Comments and Comment Time Limits If you would like to comment on an item scheduled for public discussion, you may do so by emailing comments in advance to publiccomment@bcdc.ca.gov until 5 p.m. the day before the meeting, or participating via ZOOM during the meeting during the public comment agenda item.
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. 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 Rising Sea Level Commissioner Working Group 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 Rising Sea Level Commissioner Working Group members.
Questions and Notice of Future MaterialsIf you have any questions concerning an item on the agenda, would like to receive notice of future meetings, or obtain future materials related to an agenda 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.
Access to MeetingsIf you require special assistance or have technical questions, please contact staff at least three days prior to the meeting via email at helpdesk@bcdc.ca.gov. We will attempt to make the meeting accessible via Zoom accessibility capabilities, as well.

Recording

December 4, 2025 Commission Meeting
2025-12-04 13:00 - 17:00
Listing of Administrative Matters for Canceled Commission Meeting
Administrative Listing for December 4, 2025, Canceled Commission Meeting Recommended Conditional Concurrence with Consistency Determination #C2025.007.00 for USACE Issuance of NWPs

December 8, 2025 Design Review Board Meeting
2025-12-08 17:00 - 18:30

December 10, 2025 Enforcement Committee Meeting
2025-12-10 09:30 - 12:00
This Enforcement meeting will be conducted in a hybrid format in accordance with SB 544 (2023). 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 below. 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.
Physical Location
Metro CenterTemazcal Room375 Beale StreetSan Francisco, CA 94105415-352-3600
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/81791278932?pwd=[REDACTED]
See information on public participation
Teleconference numbers(816) 423-4282Conference Code 374334
Meeting ID817 9127 8932
Passcode446320
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public CommentThe Committee will hear public comments on matters that are not on the agenda.
Approval of Draft Minutes from the November 12, 2025 Enforcement Committee meeting.
Enforcement Report. Staff will update the committee on the current status of the enforcement program’s activities.
(Isabel Chamberlain) [415/352-3605; Isabel.chamberlain@bcdc.ca.gov]
Hearing and Vote on Recommended Enforcement Decision to Resolve Enforcement Cases ER2019.035.00, ER2025.001.00, ER2025.002.00. ER2025.003.00, and ER2025.004.00.The Enforcement Committee will consider a Recommended Enforcement Decision including Proposed Case and Desist and Civil Penalty Order CCD2025.002.00 issued to Steven and Lesley Belcher, Proposed Stipulated Civil Penalty Order CCD2025.003.00 issued to the Kittrell Estate, and Proposed Civil Penalty Order CCD2025.004.00 issued to Allen Kanady for unauthorized fill and development in the Commission’s jurisdiction occurring at various properties adjacent to the Montezuma Slough on Van Sickle Island, Solano County. (Amanda Boyd) [415/352-3643; amanda.boyd@bcdc.ca.gov]Exhibit A Revised Cease and Desist and Civil Penalty Order // Exhibit B Violation Report and Complaint with Exhibits // Exhibit C1 Allen Kanady State of Defense // Exhibit C2 Belcher Email Correspondence // Exhibit C3 William Woodin Statement of Defense // Exhibit C4 Kittrell Statement of Defense // Exhibit C5 Steve and Lesley Belcher Statement of Defense // Exhibit D Leslie Salt Co v San Francisco Bay Conservation // Exhibit E Email Correspondence from Solant County Sherrif’s Office // Exhibit F Belchers Grant Deed // Exhibit G 2022 Q1/Q2 Enforcement Program Update // Exhibit H 2025.08.12 BCDC Staff Site Visit // Exhibit I Received on 2025.08.18 Thad Woodin Statement of Defense // Exhibit J1 Confirmation to Postpone Hearing-Kittrell Estate // Exhibit J2 Confirmation to postpone Hearing- Bill Woodin // Exhibit J3 Confirmation to Postpone Hearing-Allen Kanady // Exhibit J4 Confirmation to Postpone Hearing-Thad Woodin // Exhibit J5 Confirmation to Postpone Hearing-Steve and Lesley Belcher // Exhibit K Email Correspondence from Allen Kanady 08.29.2025 // Exhibit L 2025.09.22 BCDC Staff Site Visit // Exhibit M 2025.08.15 Executive Directors Recommended Enforcement Decision // Exhibit N Previous Cease and Desist and Civil Penalty Order // Exhibit O. Previous Recommended Enforcement Decision, mailed October 10, 2025 // Exhibit P. Previous Cease and Desist and Civil Penalty Order, mailed October 10, 2025 // Exhibit Q. Stipulated Civil Penalty Order (Belchers) // Exhibit R. Stipulated Civil Penalty Order (Kittrell Estate) // Exhibit S. Stipulated Civil Penalty Order (Allen Kanady)Staff Presentation
Public Hearing and Vote on Recommended Enforcement Decision to Resolve Enforcement Case ER2023.058.00.The Enforcement Committee will consider a Recommended Enforcement Decision, including Proposed Cease and Desist and Civil Penalty Order CCD2025.005.00 issued to Shannon Clemence, concerning the placement of unauthorized fill in BCDC’s Bay and 100-foot shoreline band jurisdictions in Vallejo, Solano County.(Sean Wagner-McGough) [415/352-3628; sean.wagner-mcgough@bcdc.ca.gov] Exhibit A. Proposed Stipulated Cease and Desist Order CCD.2025.005.00 // Exhibit B Violation Report and Complaint with Exhibits // Exhibit C Proof of Full Payment of Administrative Civil Liability Staff Presentation
Adjournment

Meeting Minutes
2025.12.10 Minutes

Audio Recording

Learn How to Participate
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 select the date of the Enforcement Meetings.
How to Provide Comments and Comment Time Limits. Pursuant to state law, the Enforcement Committee 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, one day before 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. Additional 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.

December 17, 2025 Engineering Criteria Review Board Meeting
2025-12-17 13:00 - 17:00

December 18, 2025 Commission Meeting
2025-12-18 13:00 - 17:00
Primary physical location
The December 18, 2025, meeting has been cancelled in accordance with the Bagley Keene Open Meeting laws; therefore, all previously noticed physical and remote locations will not remain open for the public.
Teleconference locationsThe meeting has been cancelled in accordance with the Bagley Keene Open Meeting laws; therefore, all previously noticed remote locations will not remain open for the public.

Agenda

Call to Order
Roll Call
Public Comment Period (Each speaker is limited to three minutes)A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.(Sierra Peterson) [415-352-3608; publiccomment@bcdc.ca.gov]
Report of the Chair
Report of the Executive Director
Consent Calendara. Approval of Minutes for November 20, 2025 Meeting(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov]

Commission Consideration of Administrative Matters(Harriet Ross) [415-352-3615; harriet.ross@bcdc.ca.gov

Acted on Administratively Public Hearing and Possible Proposed Commission Action on Consistency Determination No. C2025.007.00 (Coastal Zone Management Act)Item 8 was part of the 12/4/25 Administrative Listing. If no Commissioner objection to this listing is received by staff by 12/5/25, the 12/18/25 meeting will be cancelled.The Commission will hold a public hearing and potentially act on a United States Army Corps of Engineers (USACE) consistency determination under the Coastal Zone Management Act required for USACE’s proposed reissuance of its nationwide permit (NWP) program under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act. BCDC staff recommends conditional concurrence.(Michael Ng) [415-352-3610; michael.ng@bcdc.ca.gov]Administrative Listing for December 4, 2025, Canceled Commission Meeting Recommended Conditional Concurrence with Consistency Determination #C2025.007.00 for USACE Issuance of NWPs
Adjournment

Learn How to Participate
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.

December 23, 2025 Enforcement Committee Meeting
2025-12-23 09:30 - 12:00

January 1, 2026 Commission Meeting
2026-01-01 13:00 - 17:00
Listing of Administrative Matters for Cancelled Commission Meeting
Commission Consideration of Administrative Matters

January 5, 2026 Design Review Board Meeting
2026-01-05 17:00 - 21:00

January 14, 2026 Enforcement Committee Meeting
2026-01-14 09:30 - 12:00
This Enforcement Committee meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act, as amended by SB 470 (2025). As may be specified in the meeting notice, Committee members may be located at non-public remote locations. A primary physical location, at which BCDC staff will and Committee members may be present, is specified below and is publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Physical Location
Metro CenterTemazcal Room375 Beale StreetSan Francisco, CA 94105415-352-3600
If 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.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/89584130412?pwd=[REDACTED]
See information on public participation
Teleconference numbers408-961-3927; 408-961-3928; 408-961-3929US Toll Free: 1-855-758-1310
Meeting ID895 8413 0412
Passcode034968
If you call in by telephone:
Press *6 to unmute or mute yourselfPress *9 to raise your hand or lower your hand to speak

Agenda

Call to Order
Roll Call
Public CommentThe Committee will hear public comments on matters that are not on the agenda(Margie Malan) [415-352-3675; margie.malan@bcdc.ca.gov] [publiccomment@bcdc.ca.gov]
Approval of Draft Minutes from December 10, 2025, Enforcement Committee meeting(Margie Malan) [415-352-3675; margie.malan@bcdc.ca.gov]
Enforcement & Compliance Report Staff will update the committee on the current status of the enforcement & compliance program’s activities.
(Isabel Chamberlain) [415-352-3605; Isabel.chamberlain@bcdc.ca.gov]Staff Presentation

Public Hearing and Vote on Recommended Enforcement Decision to Resolve Enforcement Case ER2018.015.00The Enforcement Committee will consider a Recommended Enforcement Decision concerning two violations of the McAteer-Petris Act by Beattie Trust, the Respondent, for the placement of unpermitted fill in BCDC’s Bay and 100-foot shoreline band jurisdictions in Novato.(Sean Wagner-McGough) [415-352-3628; sean.wagner-mcgough@bcdc.ca.gov]Exhibit A // Exhibit B // Exhibit C // Exhibit D // Exhibit E // Staff Presentation
Briefing by the Richardson’s Bay Regional Agency-Second 2025 Update (Enforcement Case ER2010.028)Richardson’s Bay Regional Agency (RBRA) staff will brief the Enforcement Committee on the RBRA’s progress implementing the RBRA-BCDC Settlement Agreement adopted by the Commission in 2021.(Tony Daysog) [415-352-3622; anthony.daysog@bcdc.ca.gov]RBRA Presentation
Adjournment

Meeting Minutes
2026.01.14 Approved Minutes

Meeting Recording
ZOOM Transcript
Marie Gilmore, Chair: Good morning, everyone. By my watch, the time is and this meeting of the BCDC Enforcement Committee is hereby called to order.
Marie Gilmore, Chair: My name is Marie Gilmore, and I am the chair of this committee.
Marie Gilmore, Chair: For commissioners, including those attending at Beale 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 roll. Isabelle, please call the roll. Commissioners, please unmute yourselves while she does this to respond, and then mute yourselves after responding.
Temazcal: Good morning, everyone.
Temazcal: Commissioner Eisen?
Rebecca Eisen, Commissioner: Here.
Temazcal: Commissioner Zepeda?
Cesar Zepeda, he/him, Vice Mayor, Commissioner: Here?
Temazcal: Chair Gilmore.
Marie Gilmore, Chair: Here.
Marie Gilmore, Chair: We have a quorum present and are duly constituted to conduct business. That brings us to item on our agenda, 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 we have received no general comments in advance of this meeting. Margie, is that still correct?
Temazcal: Yes, that is correct.
Marie Gilmore, Chair: Thank you.
Marie Gilmore, Chair: 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.
Marie 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. Find the small palm icon on the left.
Marie Gilmore, Chair: 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 to raise your hand, and then dial star 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 on individuals who have raised their hands in the order that 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, please queue at the speaker’s podium and wait to be called upon to speak.
Marie Gilmore, Chair: Commenters are limited to minutes to speak. Please keep your comments respectful and focused. We are here to listen to any individual who requests to speak, but each speaker has the responsibility to act in a civil and courteous manner, as determined by the chair.
Marie Gilmore, Chair: We will not tolerate hate speech, direct threats, indirect threats, or abusive language. We will mute anyone who fails to follow those guidelines. Margie, do we have any public speakers?
Temazcal: We do not, Chair Gilmore.
Marie Gilmore, Chair: Okay, well, at this point, I will close the general public comment period.
Marie Gilmore, Chair: And the next item on the agenda is approval of the draft minutes for the last meeting.
Marie Gilmore, Chair: 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.
Cesar Zepeda, he/him, Vice Mayor, Commissioner: a second.
Marie Gilmore, Chair: Okay, moved by Commissioner Eisen and seconded by, Commissioner Zapata. Isabel, please call the roll.
Temazcal: Commissioner Eisen?
Rebecca Eisen, Commissioner: Yes.
Temazcal: Commissioner Zepeda?
Cesar Zepeda, he/him, Vice Mayor, Commissioner: Yes.
Temazcal: Chair Gilmore.
Marie Gilmore, Chair: Yes. Motion carries unanimously, thank you.
Marie Gilmore, Chair: Okay, item on the agenda is our enforcement report. So, Enforcement and Compliance Manager Isabel Chamberlain will now update the committee on the current status of the enforcement program’s activities. Isabel?
Temazcal: Good morning, Commissioners, staff, and members of the public. Happy ! I hope everyone had a restful holiday season and a strong close to As we begin the new year, I wanted to provide a brief overview of what the enforcement and compliance team accomplished over the past year, as well as where we are headed next. First, staffing updates.
Temazcal: As of today, the enforcement team is fully staffed. Our final member, Alyssa Purslow, who is on the call today, I believe, has officially joined us. She has already begun tackling complex cases, and we are thrilled to have her on our team. We have only one remaining position to fill on the compliance side, and we are on track to begin interviewing candidates within the next two weeks.
Temazcal: Once the position is filled, BCDC will, for the first time, have the largest enforcement and compliance team the agency has ever had.
Temazcal: Second, enforcement case updates. Looking back at the enforcement team has opened new cases and resolves cases. In total, the team has collected almost $in penalties from violators over the course of the year.
Temazcal: We’ve started strong, with new cases already opened, bringing our total active caseload to just over cases. Importantly, the vast majority of these cases have been opened within the last few years, with only cases over years old.
Temazcal: Reflecting continued progress in addressing long-standing matters.
Temazcal: Although this is a relatively new team, the level of collaboration and problem solving has been very impressive. Staff are working together effectively to manage a demanding caseload, often addressing multiple complex cases at once.
Temazcal: Looking ahead to our goals include continuing to streamline internal processes, developing more robust tools to prioritize the most critical and urgent cases, and shifting towards a more proactive rather than historically reactive enforcement approach.
Temazcal: Now, lastly, I want to highlight a major milestone for the compliance program.
Temazcal: This quarter, the beginning of this quarter, marks the presentation of BCDC’s first-ever quarterly compliance report, prepared by Tony Desogg. I’ll now hand it over to Tony, who will walk you through the report and provide an update on the compliance program.
Temazcal: The data he will be sharing today reflects the significant groundwork that Tony has laid over the past year.
Temazcal: Take it away, Tony.
Temazcal: Great. Well, thank you very much, Isabelle. I am going to put onto the…
Temazcal: screen, a PowerPoint presentation that I had prepared for this morning.
Temazcal: Okay, let’s see… Let me…
Temazcal: All right, I hope you can see that. It’s good to be here this morning. I’m here to discuss trends with regard to cases handled by the compliance unit within BCDC’s Enforcement and Compliance Program.
Temazcal: These trends are with respect to fiscal year -which started on July st. Obviously, we are only halfway into the fiscal year.
Temazcal: And I will especially focus on what has happened in the last months. In other words, second quarter, fiscal year –
Temazcal: Here’s a comment voiced by Shoreline Development Program Manager Catherine Pan. It’s a comment I enjoy repeating. To paraphrase a comment you see, BCDC’s compliance program takes over after BCDC’s permitting team issues a new permit, or amends an existing permit.
Temazcal: As you well know, permits have a lot of conditions attached to them, requiring, for example, permittees to submit, in some cases, monitoring reports, or in some other cases, requiring them to submit certain BCDC forms
Temazcal: Such as the contractor certification form, or the notice of completion form.
Temazcal: So, we are that system to ensure that BCDC forms, reports, and certain permit deadlines are met. As many of you know, the reason why the compliance unit came into existence was because of an audit conducted by the state of California in which found a need
Temazcal: For a system to track permits and compliance with permit conditions.
Temazcal: Currently, we employ two Excel-based tracking systems. The first is the Excel-based intake system that has approximately data entry points.
Temazcal: Much of the data entry points involve drop-down lists so that we have a uniform coding system
Temazcal: for many of the data entry points. It is that uniformity of codes that then allows the intake system to then seamlessly generate reports, such as what you will see this morning.
Temazcal: One more thing I want to say about the intake system is that it forces staff to also create calendar reminders in Microsoft Outlook.
Temazcal: So compliance staff is not just relying on looking at the Excel-based intake system when it comes to monitoring deadlines.
Temazcal: Now, the second Excel-based system we are currently employing involves entering every new permit issued by BCDC and every recently amended permit issued by BCDC
Temazcal: entering all of these permit deliverables and deliverable due dates into the Excel worksheet.
Temazcal: So we enter all that information on one Excel worksheet, and through a variety of Excel formulas, on another Excel worksheet, all the deliverables show up in order of their deadlines. That way, we can easily track what is coming due.
Temazcal: Since July st, we have handled new compliance tasks.
Temazcal: And closed thus far.
Temazcal: But not all compliance tasks are highly involved exercises.
Temazcal: Some of these tasks simply involve sending emails to permittees and letting them know that they have not yet submitted a paper document that needs to be submitted.
Temazcal: So, because of that, for purposes of the quarterly reporting and the year-to-date reporting, I want to make sure to separate minor tasks
Temazcal: From major tasks, so as not to overstate trends.
Temazcal: Actually, I’m gonna… go back… How do I go back?
Temazcal: Margie, how do I go back?
Temazcal: No, no, backpack.
Temazcal: Oops.
Temazcal: Actually, I do want to stop right… go back to this table. This is the year-to-date, tables of the new cases that we, had opened, in… starting on July st.
Temazcal: And of the new cases, you can see that we have closed and are active. Now, what I said earlier about the difference between major and minor, tasks.
Temazcal: Of the you can see that slightly more are minor tasks, versus
Temazcal: Now, like I said before, examples of minor tasks was going after permittees and making sure that they submit key documents that they are required to submit per the terms of their permit.
Temazcal: Examples of major tasks, two examples here that we had, opened, this past, fiscal year, starting in July was Bayview Place, which is basically Kincaid’s in Burlingame. There was a significant,
Temazcal: deterioration of a plaza area, and we were noted, made aware of that by a member of the public. We went out and investigated and determined that, indeed, it was significant.
Temazcal: In fact, one of the, concretes of the plaza area had lifted by at least inches, and I believe the standard for safe,
Temazcal: is a quarter inch, so it was by… it was far and above, you know, what was, considered safe.
Temazcal: So that was a Bayview Place, and we got in touch with Kincaid’s, and ultimately, they, recently fixed it. So they redid the whole plaza. That was really nice.
Temazcal: Lancaster, is an example of… another member of the public had called us to say that, you know, there are certain lights, that are out, behind Lancaster.
Temazcal: Which, if you all know, is the, White Elephant Building for the, Oakland Museum, I believe it is.
Temazcal: And so we got in touch with the city of Oakland, and they had fixed those lights.
Temazcal: Fortunately, Now, here are the, new compliance cases that have been handled, in,
Temazcal: this, second quarter of this year, and you can see that, rather than cases, starting from July to December st, we have since October st to December st, handled of the new cases.
Temazcal: Now, you might be wondering why the year-to-date new tasks is compliance tasks.
Temazcal: And the October through December alone is new compliance tasks.
Temazcal: This is because I am tracking new cases opened since July st,
Temazcal: The overall year-to-date number does not include cases that I opened in the previous fiscal year, but then was completed in fiscal year -So what I’m tracking is just new cases that we’ve started this fiscal year.
Temazcal: Also, in the second quarter, there had been a large number of compliance tasks involving us processing maintenance project applications submitted by PG&E.
Temazcal: which has been using their O&M permit with BCDC to get project approval in a streamlined and expedited fashion. So the, compliance unit has been assisting Rowan Yelton and the Bay Resources Program in processing those PG&E ONM permits.
Temazcal: Now… Earlier, I mentioned, how our intake system employs uniform coding.
Temazcal: So here’s an example of that. We have roughly codes to describe the compliance tasks that we do.
Temazcal: Uniform coding is important for purpose of reporting, especially because you can’t have each compliance staff member entering their own codes.
Temazcal: Now, one of the things that I’ll point your attention to is certain codes have the word alert next to them.
Temazcal: So…
Temazcal: This is there because in the event this category of work is selected, the cell in the Excel automatically turns red. It turns red to visually remind staff to also get in touch with appropriate BCDC colleagues to resolve this pressing matter immediately.
Temazcal: So these are the broad compliance task categories.
Temazcal: And then, so now here are, the reporting of,
Temazcal: compliance tasks by broad task, by the top broad task categories. Obviously, if I fitted all in here, the lettering would be too small, so what you see here are the top
Temazcal: Top So, what you can see here is that the…
Temazcal: As expected, the bulk of the compliance new tasks for this second quarter was
Temazcal: doing what’s called… we, do… we conduct outstanding deliverables checks. So basically, anytime a new permit is, issued, or any time an annual report is submitted to us, or any time, someone submits a document for plan review purposes.
Temazcal: We not only have technical staff review the documents, but we use those opportunities basically as excuses to look under the hood to see, hmm, in addition to these plan review matters that you want BCDC to, approve.
Temazcal: We have looked into your permit file, and we have determined there are a number of missing, deliverables that, that you have failed to submit to us. And so, we, so a lot of our, our, tasks involve going after missing deliverables.
Temazcal: We also, as you can see, the second at number, at new cases, we also handle, plan reviews. So, a lot of these plan reviews, this is the, the PG&E O&M, submittals, so that’s being coded under here.
Temazcal: And also, we, assist…
Temazcal: technical staff in conducting some of their, plan reviews. So we not only write, plan reviews, but in some cases, we will also assist them by
Temazcal: looking into the hood, like I said, and then giving them a list of the missing deliverables that they then can include in their plan review letters.
Temazcal: So, these are the type of categories of the compliance tasks that we had done, in, the second quarter of fiscal year –
Temazcal: Now, what we’re also interested in is tracking outcomes with regard to the compliance tasks that come before us. So, here we have roughly,
Temazcal: different, codes for tracking, outcomes. And so…
Temazcal: These are the numbers with regard to, the tasks, the new tasks that came before us. So, of the new tasks that came to us, in, second quarter, starting October st, are still active, so there’s no outcome yet.
Temazcal: The compliance had been achieved.
Temazcal: And we coded as, the task was closed, the question was answered, and the person who raised it was satisfied with the answer that was provided.
Temazcal: So these are the various kinds of, of codes, and trends with regard to outcomes of compliance tasks, that had begun in, second quarter of, of fiscal year –
Temazcal: Our, intake system also, allows us to identify
Temazcal: the tasks that, are… have components of keen interest to BCDC, matters such as public access, sea level rise, eelgrass, and wetland habitat. So, we want to know,
Temazcal: how many of these, matters that, the compliance task had dealt with in working with, people who come to us with compliance requests. So, for example, public access areas. Of the new tasks that came before us in
Temazcal: This, in the second quarter, had public access area elements to it.
Temazcal: had wetland habitat elements to it. So, this way, we can track, you know, what are the things that… that we are… not only… what are the compliance tasks that, that we’re…
Temazcal: handling, but also, you know, in what regard are these compliance tasks associated with, area matters that BCDC is most especially interested in?
Temazcal: And also, we track, compliance tasks with regard to, the location from which the task is coming. So Marin County heads the list, and Alameda and San Francisco counties, coming close behind, followed by San Mateo.
Temazcal: So… That’s basically it.
Temazcal: But at the end of the day, it’s not just a matter of tracking numbers, creating Excel sheets, but it’s about, you know, making sure that permittees comply with the terms of the permit so that the public at large can benefit from
Temazcal: from, that.
Temazcal: So, in this case, this is what I mentioned earlier, Lancaster. So, before, there were only two lights working,
Temazcal: And it… and the foliage there was overgrown. out of lights working. So this is… the larger photo is a photo from last night, where now all lights, are working.
Temazcal: And special thanks to the member of public who brought this to our attention, and special thanks to the City of Oakland, for, addressing and fixing the lights to make sure that that Bay Trail segment that’s right next there, that you can see, that that Bay Trail segment is very well lit.
Temazcal: And then this is… oops.
Temazcal: This is the, matter in Burlingame at, near Kincaid’s, Bayview Place. You can see that the, the asphalt had lifted by approximately inches, you can see there.
Temazcal: And that was a photo that we took, I believe, in, September. And this, and this is the photo today of, of a path where, Kincaid’s, actually their corporate, headquarters, had,
Temazcal: Redid not only this segment of the plaza, but a large part of the plaza as well.
Temazcal: Okay, well that concludes my presentation. If you have any questions, I’ll try my best to answer them.
Marie Gilmore, Chair: Okay, thank you very much, Tony and Isabelle. Do any members of the Enforcement Committee have any questions or comments?
Marie Gilmore, Chair: And can you stop sharing the screen, please?
Marie Gilmore, Chair: Thanks.
Temazcal: Commissioner Eisen?
Rebecca Eisen, Commissioner: Thank you. Thank you, Tony. I wanted to ask you, going back to your mantra that you would, put up on the first slide, you know, you said compliance gets involved.
Rebecca Eisen, Commissioner: after a new permit is issued, or after a settlement. What about the situation where somebody is engaged in behaviors that would require a permit, but has not sought a permit? Is that part of compliances, or does that go directly to an enforcement?
Rebecca Eisen, Commissioner: How does that… how does that work?
Temazcal: It could, come directly to compliance. If it does, we will go out there and, investigate. If there is a matter regard… we’ve got certain tests with regard to when compliance hands things off to enforcement.
Temazcal: But if there is a clear… if there is a clear violation, of BCDC policies, or perhaps of an existing permit.
Temazcal: Or a… or if there is, potential for injury or significant harm, or if there is,
Temazcal: If the situation that had been done can’t be fixed within the terms of the permit, that you have to do a whole new thing, then it’s at those instances
Temazcal: we would turn it over to enforcement for, for enforcement to, pursue. But, if there is,
Temazcal: If there is a… Example.
Temazcal: They…
Rebecca Eisen, Commissioner: unit.
Temazcal: The city, the Richmond Yacht Club.
Temazcal: had, removed what’s called a glulam of a pier. It supports the weight of the pier. They had removed it without authorization, A, and B, they subsequently, again, without authorization, put in a new glulam. In that case.
Temazcal: We were alerted to the fact by a member of the public that this, work was done without BCDC permit authorization.
Temazcal: We, the compliance staff.
Temazcal: with our engineering staff, went out to the site, and the engineering staff determined, after a lot of consultation with the permittee.
Temazcal: As well as, you know, based on her own background, the engineering staff determined that the unauthorized glulam that was installed could be permitted.
Temazcal: So in that, that’s an example of where there is unauthorized activity, but it could, compliance staff, could, then, put together what’s called the, initial contact letter that lays out a path of compliance.
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Temazcal: So, so yes, if there are situations where a member of the public, whether they’re a permittee or not, are doing something, that potentially needs a permit, compliance does have a role, but there are clear tests when we hand it over to the enforcement staff.
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Rebecca Eisen, Commissioner: Yeah, I’m asking because, and maybe I just have the wrong perception here, that a lot of the enforcement matters we deal with involve somebody who was
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Rebecca Eisen, Commissioner: Dumping, filling, doing something that clearly required a permit, but they had never sought one.
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Rebecca Eisen, Commissioner: And for some reason, I thought that was actually the more common problem than somebody who has a permit and was not complying with the terms of the permit. Do I just have a misperception there?
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Temazcal: No, no misperceptions. So those are what we call after-the-fact permits, and historically, actually, we’ve worked very closely with permitting, and the permitting team has always kind of taken the lead there with enforcement support.
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Temazcal: But starting this year, actually, we’re taking on after-the-fact permits to kind of streamline the process. We haven’t done it yet, which is why I didn’t want to make the announcement to this group.
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Temazcal: But yeah, I think, long story short, those are after-the-fact permits, and they currently live with enforcement and permitting, but they soon will live just with enforcement, and I think where Tony and his team comes in is when, you know, usually Tony’s kind of the middle ground between
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Temazcal: Talking to a respondent, and if there is an issue where, okay, this is a clear
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Temazcal: activity that has happened and requires a permit, that’s… that’s a clear enforcement matter, and then Tony would hand that over to us, and then we would work with permitting on the after-the-fact permit. Does that answer your question?
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Rebecca Eisen, Commissioner: Yeah, I mean, I can sort of envision a tree where, you know, somebody calls and says, this is happening. That property has a permit, it goes one direction, it doesn’t have a permit, it goes another direction. Is that sort of what’s happening there?
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Temazcal: For the most part, yes.
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Rebecca Eisen, Commissioner: Yeah.
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Rebecca Eisen, Commissioner: Okay.
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Rebecca Eisen, Commissioner: All right, and by the way, I don’t know about looking under the hood. Do we even do that anymore, Tony? I’m just kidding.
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Rebecca Eisen, Commissioner: But we’ve all stopped looking under the hoods.
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Marie Gilmore, Chair: Any other questions or comments? Because I, I actually have one. So, my one comment is,
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Marie Gilmore, Chair: I’m really impressed by the reduction in the very old cases that… over years, because those are the hardest
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Marie Gilmore, Chair: to track down, because people’s memories, records, whatever. So, the fact that you’re making great strides to reducing that backlog is excellent, so thank you for that.
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Marie Gilmore, Chair: And then I have a question for Tony. So, this is the first time we’ve had this kind of presentation, to the committee. So, let’s say, fast forward another quarter or two, and you make this presentation. Are we going to get, sort of, like.
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Marie Gilmore, Chair: what you’re doing in the current quarter versus what happened in the previous quarter, so we can kind of keep track, because you’re… you’re in a very…
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Marie Gilmore, Chair: Hard situation, because it’s hard to know
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Marie Gilmore, Chair: how many cases didn’t come to enforcement because of compliance? You know what I mean? It’s hard to track a negative, so I just kind of want to hear your thoughts on that.
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Temazcal: Well, definitely, that is one of the cornerstones of the compliance program. In fact, so…
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Temazcal: one of the, tables that I showed,
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Temazcal: Had to do with, the re… The reasons why,
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Temazcal: One, one of the,
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Temazcal: Data points that we track are, matters that the compliance handles On a proactive basis.
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Temazcal: So, the idea, then, is that, you know, if we deal with matters, you know, create,
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Temazcal: Reminders and Outlook.
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Temazcal: To go after people who have forgotten to submit their missing documents.
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Temazcal: So, if we create this kind of system that we don’t allow for the problems to not only fester, but to become even larger. So, the permittee who forgets to submit one document might forget to submit a multiple number of other documents.
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Temazcal: So we keep… so the whole point is to keep people on their toes, and for the compliance program is to have a system, which we do, to track, you know, when are we, addressing something successfully on a proactive basis.
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Temazcal: So… Has that come close to answering your question?
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Marie Gilmore, Chair: Yeah, I mean, I think what… this is one of those things that’s, I think, gonna evolve over time, and I think we’re all gonna get better at it as we go along. But like I said, it’s kind of tracking a negative, because
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Marie Gilmore, Chair: some of our bigger cases involve more than people forgetting to file documents, right? And so I think it’s more of those sort of bigger cases
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Marie Gilmore, Chair: That I think that we’re all interested in. And I think it’s complicated by the fact that people will do things not realizing that they need permits. And…
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Marie Gilmore, Chair: So, anyway, I think it’s just something that we’re going to have to be cognizant of as we go along and see how the whole process evolves, because I certainly don’t have any answers as I sit here. I’m just curious to know
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Marie Gilmore, Chair: You know, when we come to the end of the next quarter.
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Marie Gilmore, Chair: How we go about comparing the present quarter to the previous quarter, knowing that we’re not necessarily comparing apples to apples, right?
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Marie Gilmore, Chair: So, anyway, that’s… that’s my only question. So, are there any other comments from committee members?
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Marie Gilmore, Chair: Okay, Margie, do we have any public comment on this item?
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Temazcal: No public comments.
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Marie Gilmore, Chair: Okay, great. Well, then we’re going to move on to item number
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Marie Gilmore, Chair: Which is a public hearing and a vote on the recommended enforcement decision to resolve enforcement case ER.
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Marie Gilmore, Chair: So we are… the Enforcement Committee will consider a recommended enforcement decision
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Marie Gilmore, Chair: Including a proposed stipulated cease and desist and civil penalty order concerning two violations of the McAteer-Petris Act by the Beattie Trust, the respondent.
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Marie Gilmore, Chair: for placement of unpermitted fill in BCDC’s bay and -foot shoreline ban jurisdictions in Nevada.
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Marie Gilmore, Chair: So, if this committee votes to adopt this recommended enforcement decision, then it will put… be put up for a vote of approval or rejection by the full commission at an upcoming meeting.
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Marie Gilmore, Chair: So, after BCDC staff gives its presentation, the respondent will be invited to present any remarks they may wish to enter into the record.
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Marie Gilmore, Chair: Then, there will be public comment on this item, and then afterwards, we, the committee, shall hold our discussion and vote on staff’s recommendation.
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Marie Gilmore, Chair: Presentations made by the parties, as well as any public comments to follow, shall be limited to responding to the evidence already made part of the enforcement record.
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Marie Gilmore, Chair: Introduction of late evidence or oral testimony is only allowed under limited circumstances.
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Marie Gilmore, Chair: So, at this time, will the respondents or their representatives, if you’re present, please identify yourselves for the record?
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Temazcal: Che Gilmore, we have no, respondents, attendee.
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Marie Gilmore, Chair: Okay.
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Marie Gilmore, Chair: All right, well then, let’s get to it. Let’s hear the presentation by staff. I’m going to invite our enforcement attorney, Sean Wagner McGow, and Enforcement Manager Isabel Chamberlain to give the presentation.
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Temazcal: Thank you, Chair Gilmore. I’m gonna go ahead and share my screen.
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Temazcal: Good morning, Enforcement Committee. My name is Sean Wagner McGough, and I am BCDC’s Enforcement Attorney.
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Temazcal: I’m here today to present for your consideration the Executive Director’s recommended enforcement decision, which includes a proposed stipulated cease and desist order, and as
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Temazcal: proposed stipulated civil penalty order to resolve enforcement case ER
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Temazcal: At the outset, I’m very happy to inform the committee today that the respondent and BCDC staff have reached an agreement to resolve this case.
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Temazcal: The terms of that agreement are reflected in the proposed stipulated cease and desist and civil penalty order. And so, I would like to thank the respondent, BD Trust, and their authorized representative, Jim Armstrong, for their cooperation throughout this case.
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Temazcal: And because there are no matters of controversy, I’ll try to make this presentation as straightforward as possible.
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Temazcal: This presentation will proceed as follows. First, I will provide a quick overview of the options that are available to the enforcement committee here today with regard to this item.
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Temazcal: Second, I will delve into an overview of the case itself, and then finally, I will go over the terms of the Executive Director’s recommended enforcement decision, including the proposed stipulated cease and desist and civil penalty order that has already been agreed to and signed by the respondent.
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Temazcal: Very briefly, I wanted to provide a quick reminder of the actions that are available to the committee here today. First and foremost, the committee must adopt a recommended enforcement decision.
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Temazcal: In so doing, the committee may adopt, with or without change, the Executive Director’s recommended enforcement decision, which is being presented to you here today.
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Temazcal: Alternatively, the committee may decline to adopt the Executive Director’s recommended enforcement decision. Ultimately, however, the committee must direct BCDC Council to prepare the Enforcement Committee’s recommended enforcement decision, which will then be considered by the full commission at a future public hearing before it is ultimately issued.
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Temazcal: Now, given that the respondent and staff have already agreed to the terms of the proposed stipulated order that would resolve this case, it is our hope that this committee will adopt the Executive Director’s recommended enforcement decision without change.
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Temazcal: Diving into the case itself, the respondent here owns the property at Beattie Lane in Novato. You’ll see in the top right the location relative to the Bay Area at large, and in the bottom right, you’ll see the more precise location of the property.
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Temazcal: Parts of this property extended into BCDC’s Bay jurisdiction. Other parts of the property also fall within BCDC’s -foot shoreline ban jurisdiction.
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Temazcal: What we are dealing with in this case are two violations of the Meketeer-Petris Act, specifically Section -A of that Act requires any person wishing to place fill within BCDC’s jurisdiction to obtain a permit from BCDC that authorizes the fill.
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Temazcal: It’s worth emphasizing that fill is very broadly defined by the statute as earth or any other substance or material.
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Temazcal: Here, BD Trust, the respondent, placed fill on its property within BCDC’s jurisdiction without obtaining a permit, amounting to two separate violations of the Meketeer-Petrus Act.
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Temazcal: The first violation involves a -foot wooden fence within BCDC’s Bay jurisdiction. The second violation involves wooden fencing in a wooden storage enclosure, also placed on a respondent’s property, but on a separate parcel from the -foot wooden fence.
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Temazcal: All these structures qualify as fill, as defined under the Meketeer-Petras Act, and none of them were permitted by BCDC.
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Temazcal: These violations were first discovered by staff nearly years ago, and so we are very happy to report today that they are finally being resolved with the respondent’s cooperation.
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Temazcal: Now, these photos were taken by staff during an August site visit, one of several site visits made by staff over the years. On the left, you’ll see the -foot wooden fence that comprises the first violation.
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Temazcal: And on the right, you’ll see the wooden fencing and wooden storage enclosure. That comprises the second violation. It’s worth noting that the respondent has already removed the wooden storage enclosure, so the fencing remains.
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Temazcal: These photos, again, taken by BCDC staff on two separate site visits in and are intended to provide context regarding the marsh-like nature of the surrounding land and property.
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Temazcal: Now, as you can see, BCDC staff did make several visits over the years to confirm that the fill remained on the respondent’s property, and ultimately, staff initiated bringing this case in November of
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Temazcal: When staff sent the respondent an initial contact letter to inform them of the violations, and also, crucially, to give them a chance to resolve the violations by applying for an after-the-fact permit that would authorize the fill before staff would be forced to take more formal enforcement action.
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Temazcal: The respondent, acting through Jim Armstrong, their property manager, responded to BCDC’s letter, but failed to submit a permit application in the months to come.
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Temazcal: As such, in April staff sent respondents a notice of violations, which gave them days to take corrective actions before standardized fines would begin to accrue against them in accordance with BCDC regulations.
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Temazcal: The notice of violations also gave respondent days in total to take corrective action before BCDC would be forced to initiate more severe enforcement action, including a hearing like today’s and more severe civil penalties.
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Temazcal: Despite reminders sent by staff later that year, the respondent failed to take such corrective action, and the violations persisted.
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Temazcal: And ultimately, that led to the filing of a violation report and complaint for administrative civil liability in the amount of $per violation, which initiated these enforcement proceedings.
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Temazcal: Again, we’re looking at two separate violations of the Mecca Deer-Petras Act, one for the -foot wooden fence, and another for the wooden fencing wooden storage enclosure on a separate parcel.
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Temazcal: The violation report and complaint gave the respondent days to submit a statement of defense.
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Temazcal: This case was originally going to be brought at our December hearing, but on November th, the th day after staff filed a violation report and complaint, respondent requested an extension to respond. Staff granted that extension, giving them additional days to respond, and the new deadline was set for December th.
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Temazcal: In the lead-up to that new deadline, BCDC staff made multiple phone calls to Mr. Armstrong to remind him that the response was due on that date, and also to offer him a chance to enter into settlement discussions, but those calls went unanswered.
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Temazcal: Mr. Armstrong did finally respond days before the new deadline, and he requested a second extension to respond in a postponement of today’s hearing. This time, staff denied the request in light of the first extension already granted.
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Temazcal: The long history of noncompliance at this property, and staff’s repeated attempts to remind respondents that their response was due.
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Temazcal: Ultimately, though, once Mr. Armstrong did respond to staff, we were able to connect and initiate settlement discussions, and as indicated at the outset of this presentation, staff is pleased to report to the committee today that we were able to reach an agreement with the respondent that should resolve this case.
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Temazcal: On December th, staff and Mr. Armstrong engage in confidential negotiations.
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Temazcal: Ultimately reaching an agreement that is reflected in the terms of the proposed stipulated cease and desist and civil penalty order being presented to you here today.
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Temazcal: Now, under the terms of the supposed stipulated cease and desist and civil penalty order, the respondent must submit a complete permit application for an after-the-fact permit for any of the unpermitted fill by June st,
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Temazcal: They must remove any fill that BCDC does not permit within days of that permit’s issuance.
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Temazcal: They must pay an administrative civil penalty of $and otherwise cease and desist from violating the Meketeer-Petras Act.
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Temazcal: Put simply, the respondent must garner authorization for the fill placed on their property, and if they cannot get that authorization through our permitting process, then they must remove the fill within days. And additionally, they must pay a civil penalty that, in light of all the circumstances, staff feels is fair and equitable.
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Temazcal: Mr. Armstrong, acting on behalf of BD Trust, has signed the order to indicate their agreement. Now, once this order is approved by the enforcement committee here today, and then the full commission at a subsequent public hearing, all that will be required to resolve this case is the respondent’s compliance with the terms of the order.
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Temazcal: Should they fail to comply with the order, BCDC would then be able to refer to the matter to the Attorney General’s Office, who may seek an injunction or more severe civil penalties. So by adopting this recommended enforcement decision, which includes this order, we would be creating legally enforceable obligations.
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Temazcal: However, it is staff’s beliefs that respondent intends to comply with the order, evidenced by their agreement to the proposed order.
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Temazcal: For all those reasons, the Executive Director here today recommends that the Enforcement Committee adopts this recommended enforcement decision as its recommendation to the full Commission, including the issuance of the proposed stipulated cease and desist and civil penalty order without change, which again has been agreed to by the respondent.
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Temazcal: I’ll leave you here today with the options that are available to the committee with regard to this item, and that otherwise concludes my presentation. I thank you for your time and your consideration, and I’m now available to answer any questions. Thank you.
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Marie Gilmore, Chair: Thank you very much. Do any committee members have questions for staff?
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Marie Gilmore, Chair: Commissioner Eisen.
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Rebecca Eisen, Commissioner: Okay, I’m always in favor of settlements.
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Rebecca Eisen, Commissioner: Actually, maybe not always.
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Rebecca Eisen, Commissioner: Because there are some times when it just seems like it’s just as easy to go forward with an enforcement action after… when the facts are clear, the…
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Rebecca Eisen, Commissioner: Issues are long-standing, and the explanation for the delays is not very,
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Rebecca Eisen, Commissioner: persuasive. So, what I would love to hear is some… I mean, you say you have confidence they’re going to comply because they signed the document.
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Rebecca Eisen, Commissioner: I was hoping there would be more…
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Rebecca Eisen, Commissioner: that would suggest that we are going to get compliance now that we’ve entered into this cease and desist agreement. So, can you give me just some sense of what
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Rebecca Eisen, Commissioner: Happened over the course of those
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Rebecca Eisen, Commissioner: now years, I think, or maybe… no, I think we’re talking about years. That…
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Rebecca Eisen, Commissioner: Is it because of…
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Rebecca Eisen, Commissioner: they weren’t aware that a permit was necessary. It seems unlikely, since we were out there visiting them and telling them that they needed one.
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Rebecca Eisen, Commissioner: It was a financial issue that kept them from doing what needed to be done, which doesn’t seem to be too onerous.
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Rebecca Eisen, Commissioner: to remove some fencing. So it’s frustrating to see these cases that go on for years and, you know, finally take up so much of staff’s time.
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Rebecca Eisen, Commissioner: And now our time. Because they wouldn’t do the simplest thing, which is to ask for a permit.
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Rebecca Eisen, Commissioner: So, I don’t really understand what happened here. I’m wondering if you can give a little explanation for that, and also, what was the penalty that we would have been entitled to pursue?
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Rebecca Eisen, Commissioner: Had we not reached the settlement agreement. I mean, $seems… rather…
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Rebecca Eisen, Commissioner: small, considering how long this has gone on. My guess is that we could have pursued a penalty much higher than that.
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Temazcal: Yeah, so to answer your first question, obviously this case predates my time here at BCDC. It’s my understanding… All of our time here.
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Temazcal: It’s my understanding, generally speaking, these cases can take several years to conclude, and that can be due in part to staff’s workload, prioritizing other cases. And I think in this case.
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Temazcal: Commissioner Eisen, I think you have it right that a lot of the delay stems from just non-compliance from the respondent, and not taking action, that BCDC was trying to compel them to take.
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Temazcal: Ultimately, I hear you on the, the amount of the civil penalty being reduced in this instance. The violation report and complaint
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Temazcal: originally set forth civil penalties of $per violation. And that’s using, BCDC regulations, that account for a specific formula and factors to take into consideration.
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Temazcal: through settlement, we felt that we could consider other factors, including the total extent of the harm, that was being done to the environment and this property, as well as respondents’ ability to pay. And ultimately, in terms of
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Temazcal: determining whether the respondent intends to comply now after years of noncompliance. We feel that the hardest issue was bringing them to the table, and once we got them to the table in December, we were able to communicate what needs to happen, as well as the consequences if they do not fail… if they do not comply
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Temazcal: with a cease and desist order, which can be even more severe than the civil penalties that the Commission can impose administratively.
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Temazcal: And so, for those reasons, we feel confident that they intend to comply, but also, under the McAnteer-Petrus Act, by issuing a cease and desist in civil penalty order, if they violate that, we would be able to pursue more severe penalties.
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Rebecca Eisen, Commissioner: So, just so I’m absolutely clear, if they do not comply with this order, we can seek those $in penalties and more.
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Temazcal: We could seek, up to,
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Temazcal: Sorry, the Meketeer-Petras Act, explicitly… so, essentially, if they were to violate the cease and desist order, we would be able to bring an action, or ask the Attorney General to bring an action.
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Temazcal: That will recover sums for violations of the cease and desist order itself, and that carries more severe civil penalties in the Meketeer-Petras Act, a daily penalty for each day that the violation of the cease and desist order persists.
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Rebecca Eisen, Commissioner: And would that exceed $?
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Temazcal: It could, yes.
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Rebecca Eisen, Commissioner: And should, I would say.
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Rebecca Eisen, Commissioner: Wow. Okay.
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Marie Gilmore, Chair: I just kind of want to follow up on Rebecca’s line of questioning, because as I read through the documents.
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Marie Gilmore, Chair: This is… sort of the conclusion that I came to was that they blew off
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Marie Gilmore, Chair: Letters, phone calls, contacts, until they got a document that said, hey, if you don’t pay attention to us, you’re potentially liable for $
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Marie Gilmore, Chair: And that’s…
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Marie Gilmore, Chair: It makes me feel like that’s what got their attention, and that’s what finally brought them to the table.
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Marie Gilmore, Chair: And I’m… I’m glad it did.
Marie Gilmore, Chair: but I sort of feel like…
Marie Gilmore, Chair: There… the penalty under the, stipulated agreement
Marie Gilmore, Chair: is a little bit on the low side, considering how much they blew us off. Now, obviously, I wasn’t at the table, I don’t know about their ability to pay, but I feel like they got the benefit of stringing us along for years and months.
Marie Gilmore, Chair: And… basically, we forced their hand, and…
Marie Gilmore, Chair: you know, I’m… I’m not particularly happy about this.
Marie Gilmore, Chair: But I suppose at the end of the day, I would rather see compliance.
Marie Gilmore, Chair: I… yeah.
Marie Gilmore, Chair: Yeah. I’m just… I’m…
Marie Gilmore, Chair: I’m not happy about the amount of the fine, and I’m not happy about the length of time that it took them to come to the table.
Marie Gilmore, Chair: I’m just gonna state that right there.
Marie Gilmore, Chair: Anybody else?
Marie Gilmore, Chair: Any other comments?
Marie Gilmore, Chair: Okay, Margie, do we have, public comments on this item?
Temazcal: We have no public comments.
Marie Gilmore, Chair: Okay, thank you.
Marie Gilmore, Chair: Any further discussion by committee members?
Marie Gilmore, Chair: Okay, at this time, I would entertain a motion and, second to approve the staff recommendation.
Marie Gilmore, Chair: Or actually, to approve the Executive Director’s recommended enforcement decision regarding the proposed stipulated cease and desist civil penalty order.
Marie Gilmore, Chair: Gotta do that for the record.
Cesar Zepeda, he/him, Vice Mayor, Commissioner: Go ahead and second.
Marie Gilmore, Chair: Okay, we have a motion and a second, a motion from Commissioner Eisen, and second by Commissioner Zapata. Isabelle, would you please call the roll?
Temazcal: Yep, Commissioner Eisen?
Rebecca Eisen, Commissioner: Aye.
Temazcal: Commissioner Cepedo?
Cesar Zepeda, he/him, Vice Mayor, Commissioner: Bye.
Temazcal: Chair Gilmore?
Marie Gilmore, Chair: Yes.
Marie Gilmore, Chair: Motion carries unanimously.
Marie Gilmore, Chair: Okay, that brings us to item number which is a briefing by the Richardson Bay Regional Agency, and it’s an update on their progress implementing the RBRA
Marie Gilmore, Chair: BCDC settlement agreement that was adopted by the Commission in
Marie Gilmore, Chair: So at this time, are there representatives from the RBRA present? And if so, could you please identify yourself for the record?
Brad Gross: Good morning, Chair Gilmore. I’m Brad Gross, the Executive Director for the Richardson Bay Regional Agency.
Marie Gilmore, Chair: Welcome, and do you have… I see other members that look familiar from previous presentations.
Brad Gross: Armor Master Malcolm, please go ahead.
Jim Malcolm: Yes, good morning, Chair Gilmore. Good morning, Commissioners. My name is Jim Malcolm. I’m the harbormaster for the Richardson Bay Regional Agency.
Brad Gross: and Ms. Bodie.
Jess Bode: Hi there, everyone. My name is Jess Bodie. I am here speaking on behalf of Coastal Policy Solutions. It’s great to meet everyone.
Marie Gilmore, Chair: Great, thank you all for being here, and, Happy New Year. And, Tony Desog, why don’t you, start us off, please?
Temazcal: Great. Well, thank you, Chair Gilmore, members of the Commission. I’m here to introduce item a briefing on the status of the settlement agreement between BCDC and the Richardson Bay Regional Agency, the RBRA.
Temazcal: After my introduction, we will then hear from representatives from the RBRA regarding the progress they’ve made towards
Temazcal: But first, let me now provide the backdrop against which today’s briefing is occurring.
Temazcal: BCDC’s enforcement program opened Enforcement Case ER in late August of
Temazcal: Slightly over years ago.
Temazcal: The case was opened in response to allegedly illegally anchored vessels, many of them with people living illegally on the anchorage in Richardson Bay.
Temazcal: Based on a census conducted in in that year, BCDC determined that individuals were living on the anchorage.
Temazcal: This number went up to as much as two years later in
Temazcal: Enforcement Case ER was settled in September of and has been amended twice, allowing RBRA a couple of time extensions to meet deadlines as authorized under the agreement.
Temazcal: The settlement agreement has broad parts.
Temazcal: One part of the settlement involved RBRA agreeing to develop a -year adaptive management plan for eel gas restoration by mid-December
Temazcal: And they have done so.
Temazcal: Later, you will hear more about the progress they’ve made with respect to eelgrass restoration and debris removal.
Temazcal: Another part to the settlement agreement stipulated that, by no later than October th,
Temazcal: All occupied vessels are to be removed from the anchorage.
Temazcal: A third broad part has to do with regular reporting, which is important so as to track and measure progress towards reaching settlement outcomes.
Temazcal: Such as meeting the October deadline.
Temazcal: Now, to restate the three broad elements of the settlement agreement, these are an adaptive management plan for eelgrass restoration.
Temazcal: the October th, target for removal of all occupied vessels from the anchorage, and regular reporting with corresponding metrics.
Temazcal: That concludes my introduction. I would now like to introduce Brad Gross. He’s the Executive Director of the RBRA, as you had heard.
Temazcal: Brad?
Brad Gross: Thank you, Tony. Chair Gilmore, members of the Commission, the committee, and staff, thank you for the opportunity to update you on our latest activities. If I could share my screen, I will show you our presentation.
Brad Gross: Tony said, I’m Brad Gross, the Executive Director of RBRA. Joining me today is Jim Malcolm, RBRA Harbormaster, and Jess Bodie, the eelgrass Restoration Project Manager from Coastal Policy Solutions. Tony did a great job of providing history and bringing us up to date, so I won’t repeat what he’s covered, and we’ll make this a short but concise presentation.
Brad Gross: Here we are, the first month of lots has been accomplished, and we’re just nine and a half months to go from the conclusion of our agreement. So we’re right on track.
Brad Gross: Very quickly, as I usually do, I want to, thank our… I want to… sorry, I’m…
Brad Gross: Messing up my view here.
Brad Gross: Are you still able to see my presentation?
Jess Bode: Yes.
Brad Gross: Slide It’s disappeared from… here we go. Sorry, I’d like to thank our partners. Without their help, we would not be able to accomplish everything that we’ve done.
Brad Gross: You’ve seen this slide in the past, and I’m not going to read all milestones that are listed here. Suffice to say that of the milestones with due dates of and have all been accomplished. The remaining milestones have an October th, deadline, which are mostly done, and you’ll
Brad Gross: see later in our presentation, when I say they are mostly done, I consider them complete. And then the final milestone regards our,
Brad Gross: Safe and seaworthy vessel, and as the grievance stipulates, that all pre-vessels illegally anchored in Richardson Bay will be removed from the bay by October th of
Brad Gross: So, right now, I’m going to turn things over to Ms. Bodie to provide an eelgrass update for us.
Jess Bode: Thanks, Brad. If you just want to go on to the next slide, I will touch base briefly on as we hit a lot of really great milestones last year. But before I begin with that.
Jess Bode: Just a reminder of what this grant allotted us. So, $million over the course of multiple years, and it started in The goal was to restore acres of eelgrass by
Jess Bode: And then also really, as part of eelgrass restoration, achieve a significant partner engagement and community outreach program, with the help of.
Jess Bode: SFSU and the EOS Center, as well as Audubon Society in California on Richardson Bay, Merkle & Associates, who are based in San Diego, and then I am here representing Coastal Policy Solutions. So if you could go to the next slide, Brad?
Jess Bode: Thanks so much. Yeah, so as I mentioned, was a really, really big year for our grant, and we hit a lot of amazing milestones. First and foremost, last May and June, we had a really big marine debris removal,
Jess Bode: section or time of the grant, and we removed over pounds of marine debris from the bottom of Richardson Bay. Some of those items that were found was a Sony PlayStation, a microwave.
Jess Bode: a lot of anchor debris, lots of plastic, among a list of other things. If you are all interested, there was really great media coverage from that Marine Debris Removal Day that we would be happy to send.
Jess Bode: In addition to that, we ended up restoring, acres of eelgrass, which got us to the out of acre goal.
Jess Bode: So…
Jess Bode: We are so excited to not only be way ahead of schedule, but this year to meet and likely exceed our restoration goals, which still leaves the rest of or the first half of to continue the restoration progress.
Jess Bode: As you can see here on the slide.
Jess Bode: Another really big milestone was installing the, eelgrass Protection Zone signs that you will see, throughout, the eelgrass Protection Zone. That is a really big milestone just for our, community and outreach engagement portion of this grant, as well as
Jess Bode: another sign that Brad will be touching base on here in a couple of slides. And then, if you want to go to the next slide?
Jess Bode: Yeah, so as this,
Jess Bode: presentation was turned in, we did end up receiving aerial footage from which shows a comparison of the amount of boats that were on Richardson Bay, as well as January of last year.
Jess Bode: So I would be also happy to send that aerial footage to those who would be interested. The photo is phenomenal, as it shows
Jess Bode: Really great progress, not only with the eelgrass restoration, but also there were vessels at the time that that photo was taken, which, again, is just really great visual representation of how great we are moving along within this project.
Jess Bode: And then, the next slide.
Jess Bode: Yeah, so this year, we really look forward to not only meeting, but exceeding, the -acre goal. We only have half an acre of restoration for eelgrass left.
Jess Bode: We are really going to ramp up our outreach and engagement program, and so we look forward to looping you all in on how that is going. And then we will also continue with marine debris removal work as part of the restoration process.
Jess Bode: And I think that’s the… the next slide is just a transition slide, and so I will, hand the presentation baton to Jim Malcolm, RBRA Harbormaster. Thank you so much.
Jim Malcolm: Thank you, Jess, and good morning again, Chair Gilmore, Commissioners. Again, my name is Jim Malcolm, Harbormaster for the Richardson Bay Regional Agency. I’ll be discussing our enforcement operations and achievements. The bulk of these slides
Jim Malcolm: and data presented will go back to the inception of the agreement between BCDC and RBRA.
Jim Malcolm: Since we have,
Jim Malcolm: ventured into the agreement. citations have been issued, since the implementation of the agreement.
Jim Malcolm: nuisance abatement warrants have been issued and signed by Moraine County Superior Court, which resulted in vessel removers… removals or departures.
Jim Malcolm: One vessel remains… actually, that’s, two vessels remain on the anchorage in the housing program and actively seeking housing.
Jim Malcolm: One vessel remains in the Safe and Seaworthy program located within the actual anchorage due to depart no later than October the of this year. And then two final vessels remain, one with an active nuisance abatement warrant in process, and one final with nuisance abatement warrant pending.
Jim Malcolm: All four of these vessels, these are some significant vessels that we’ve removed. These are all well… either equaling feet or well in excess of feet. These were some… some of our, if not the bulk of our most
Jim Malcolm: apprehension vessels that were on the bay. All four of these were…
Jim Malcolm: resulted in not only people being housed, but participated in our vessel buyback program. Getting these four vessels off the… off Richardson Bay really represents one of our greatest achievements, and these are just four of the vessels that we have
Jim Malcolm: Manage to…
Jim Malcolm: work with the vessel residents, get the vessels off the water, and get them properly disposed of, really avoiding disastrous consequences for the bay and for the environment. Next slide, please.
Jim Malcolm: This is our vessel count spreadsheet. Obviously, I didn’t have enough room on the spreadsheet to go all the way back to which would have been, that number way on the left would have been upwards of I started in October of where we had about vessels.
Jim Malcolm: Right now, if you look all the way to the right, January of we are down to
Jim Malcolm: And, if you recall, five… of those five, we have two engaged in housing, two in enforcement, and one that is in the Safe and Seaworthy program, and can… and will remain, or is available to remain until October of
Jim Malcolm: And finally for me, part of the public outreach, this is, the photo you’re looking at on the left side is a sign that we placed at the public boat ramp, the only public boat ramp in the city of Sausalito, at the Turney Street boat ramp. We worked in cooperation with the City of Sausalito to place this sign. This advises mariners
Jim Malcolm: where they can anchor, where they cannot anchor, where the authorized anchorage is. We also… part of the public outreach are the signs that Jess had mentioned, which are
Jim Malcolm: Are permitted signs, which are mounted to several aids of navigation along the Sausalito Channel.
Jim Malcolm: Then we have our buoys out there that are marking the authorized anchorage, tell people where they can and cannot anchor. We will continue, not only throughout the remainder of the agreement timeline, but in the future to ensure that our public outreach advises all mariners
Jim Malcolm: Of where they can, cannot anchor, where they can and cannot go.
Jim Malcolm: It’s Sarah.
Jim Malcolm: And that represents the last data for me. I will now hand it off to Brad to discuss housing updates.
Brad Gross: Thank you, Harbormaster Malcolm and Ms. Bodie, I appreciate your work on this.
Brad Gross: Now I’m going to give updates on our housing and vessel buyback programs.
Brad Gross: RBRA, with help of the state grant we received in so far, by the end of June of this fiscal year, we will have spent $million in our housing program.
Brad Gross: Here, the program successes since the start of the program, people are now housed, people are participating, and people have vouchers in hand, and one is pending. vessels have been purchased via the vessel buyback program, and between and December th of people from the anchorage have been housed via various
Brad Gross: housing programs.
Brad Gross: Our vessel buyback program, RBRA has expended over a quarter of a million dollars now, purchasing vessels and properly disposing of them since the inception of the program in
Brad Gross: And the press has noticed we’ve been getting nothing but good press, from the local newspapers. Here’s just some of the highlights of the press that we received over the last year.
Brad Gross: Along with some very positive feedback from local community groups, like the Sausalito Sustainable Waterfront Association, and a wonderful op-ed in the NIJ from the San Rafael Chamber.
Brad Gross: Now, in closing this presentation, I want to give you some quick visuals. Jess mentioned this, and these are some highlighted visuals where we took the start of our agreement, which was boats that Jim had mentioned, and we have placed a star on each vessel represented in the anchorage in That would be represented in the top left
Brad Gross: photo. … is in the bottom left photo. Then we have in the top right, and in the bottom right.
Brad Gross: this next slide I’m very excited about, because this is a representation of the anchorage last month, although things change quickly in the anchorage, especially now with only boats left. You’ll see boats represented, and that’s because this boat right here, which is in the eelgrass Protection Zone, was removed and impounded last week. So I just want to let you know that this boat here
Brad Gross: These boats, these two vessels here, are in the designated anchorage.
Brad Gross: This vessel is our safe and seaworthy participant who can stay until October th of This vessel right here is the next one to be housed, so this vessel will be removed as soon as this purse is housed. This vessel here is also in the housing program.
Brad Gross: This vessel here and this vessel here, we’re working on nuisance abatements. In fact, we have a hearing for this vessel right here next week. So we anticipate, within the next couple of months, that you will see, with the exception of this vessel here, all these vessels gone.
Brad Gross: It’s quite an accomplishment. Like I said earlier in the presentation, I consider us
Brad Gross: almost complete, but we’ll definitely make the ultimate deadline of October th, With that, I’d like to say thank you. I appreciate everybody’s time, and we’re glad to answer any questions.
Marie Gilmore, Chair: Oh, I just wanted to thank, the RBRA representatives for coming today and, and presenting, and
Marie Gilmore, Chair: You guys have really come a long way, and you should be very happy and very proud of yourselves, because it… it’s, as you know, it’s not easy.
Marie Gilmore, Chair: And we really appreciate the work that you guys have put in, and it definitely shows, both in the eelgrass and in the reduction in the vessels in the anchorage.
Marie Gilmore, Chair: Do committee members have any comments or questions?
Marie Gilmore, Chair: Commissioner Eisen.
Rebecca Eisen, Commissioner: I have a couple of questions, just more clarifications. I know we had the -acre goal in your slide showed, that we accomplished of those acres in and only have a half an acre left, so…
Rebecca Eisen, Commissioner: That… my… it’s not all adding up for me. So the other acres were accomplished prior to is that what…
Rebecca Eisen, Commissioner: I’m missing there.
Brad Gross: Correct. It was the previous year we did the other to break us to the total of and a half acres. And I should note that if funds are available once we hit the acres, we will keep planting until we expend all the funds. So we anticipate being well over acres in
Rebecca Eisen, Commissioner: And then, I’m very impressed with the, you know, pounds of debris
Rebecca Eisen, Commissioner: I mean, there isn’t a moment when I walk along the edge of the bay that I wonder what the heck people have thrown in there or dropped in there. Is that…
Rebecca Eisen, Commissioner: program to remove that debris replicable? Because my guess is you’ve only… you’ve only begun. I’m not that it’s your responsibility, the whole bay is probably filled with, you know, computers and plastic and all of the things you’ve found.
Rebecca Eisen, Commissioner: But is it replicable in the sense that
Rebecca Eisen, Commissioner: you know, Alameda, or somebody could take the program that you put together to remove this debris and do the same in the vicinity near them.
Brad Gross: That’s a great question, Commissioner Eisen, and thank you for it. It’s very replicable. In fact, the funds in the grant that we have now probably allow us to do another underwater cleanup, that we’re… we’ve actually applied for grant funding to do additional underwater cleanups in Richardson Bay, but I will tell you from my past experience as a retired harbormaster for years.
Brad Gross: that I have conducted
Brad Gross: twice, multiple-year underwater cleanups in the marinas that I ran. They ran about years, and just went through systematically and hit each section that we can. We have the same plan for Richardson Bay if funding allows for it, and we
Brad Gross: Also have underwater sonar, side scan sonar surveys that have been done that has identified items that are on the bottom that we want to get back to, whether they be anchors or, you know, a mystery item, but it’s all in our plan, and you will see us transition from much more of eelgrass restoration and underwater cleanups in the future.
Rebecca Eisen, Commissioner: And the debris that you pick up off the bottom of the bay, where does that end up?
Brad Gross: Well, it’s interesting. Thank you for the question, because in our grant application, we have, we’re attempting to put a partnership together with some of the local artist communities to, A, turn some of the underwater debris into art features, and then we recycle whatever’s left. You know, it just doesn’t go to the landfill, we’ll recycle whatever we can.
Brad Gross: use some for their art presentations, and whatever’s left will be properly disposed of.
Rebecca Eisen, Commissioner: Yeah, okay. And, finally, you, you mentioned the $million in housing that, or dollars that have been expended, on various efforts to house folks. This total project, and we are nearing the end of it,
Rebecca Eisen, Commissioner: So many person hours and so much, you know, just to restore the eelgrass, to pick up the debris, to work with constantly these -some folks who parked
Rebecca Eisen, Commissioner: their boats illegally out in our bay. What is the total cost of… I mean, we have a situation not really terribly unlike the last matter we considered.
Rebecca Eisen, Commissioner: Where a whole bunch of folks
Rebecca Eisen, Commissioner: Did something they should not have done.
Rebecca Eisen, Commissioner: And the public has expended an enormous amount of funds and energy and effort to clean up that mess.
Rebecca Eisen, Commissioner: Do we have a sense of what… how many dollars we’re talking about all in?
Brad Gross: But we could figure it out. I will tell you that we… our BRA runs on an annual budget of about $$million a year. The lion’s share of what we’ve been doing over the last years has been this project. You know, the $million grant that we got from the EPA, the quarter million dollars that we spent on,
Brad Gross: on vessel buybacks. Doesn’t even include the money expended, which has been anywhere between $to $a year from the, State Department of Waterways,
Brad Gross: surrendered an abandoned vessel grant to dispose of these. I could figure it out, but it’s in the millions of dollars, multi-.
Rebecca Eisen, Commissioner: What are you talking.
Brad Gross: dollars.
Rebecca Eisen, Commissioner: I can see that. And maybe as we get towards the end of this project, it would be…
Rebecca Eisen, Commissioner: I don’t want to put anybody to any more work. So much has been done already, but it might be instructive and helpful for, you know, just making sure we don’t get into this situation again, to have a sense of really what this has cost the public.
Rebecca Eisen, Commissioner: To solve this problem, because I assume these are public dollars that are being spent, not, you know, no private foundations are funding this, so…
Brad Gross: We could do that. Would you like me to.
Brad Gross: project together, report back to this commission with that, information.
Rebecca Eisen, Commissioner: Yeah, I’ll leave that to the chair and to staff, whether they think that would be beneficial. I just sort of throw the idea out for now, so…
Brad Gross: Thank you, I appreciate the question.
Marie Gilmore, Chair: Yeah, I… I agree with Rebecca. I think it would be worthwhile, but I’m not…
Marie Gilmore, Chair: I’m gonna leave it to staff and the RBRA to kind of figure that out, because I definitely don’t want to add a whole lot more work to your plate, but I do feel that it would be instructive. And also, it might be good to let the public know
Marie Gilmore, Chair: how much this all costs, and how hard RBA has been working, not only to clean up the mess, but to write grants and go after public monies to help clean it up.
Marie Gilmore, Chair: commissioner Zapata, and then Isabelle.
Cesar Zepeda, he/him, Vice Mayor, Commissioner: Thank you. I just want to echo, what the comments that the chair made earlier. Great job. This is,
Cesar Zepeda, he/him, Vice Mayor, Commissioner: incredible, all the great work you guys have been doing, so thank you for that. I’m going to be looking to reach out to you, because Richmond has miles of shoreline, so I’m sure, as Commissioner Eisen mentioned, I’m sure there’s other stuff in all of our
Cesar Zepeda, he/him, Vice Mayor, Commissioner: areas that… that are buried. So seeing what we can do in other areas to replicate the great job you guys have done. And just jokingly, as you were mentioning, someone earlier about the… you remove the microwave from the water, I’m just thinking, how are the fish gonna cook their food?
Brad Gross: Pacific.
Cesar Zepeda, he/him, Vice Mayor, Commissioner: But that was just funny, so thank you, great job. Keep off the good work.
Marie Gilmore, Chair: Isabel?
Temazcal: Yeah, just echoing everyone, thank you so much, and I didn’t mention it in my enforcement and compliance update, but, you know.
Temazcal: Obviously, what you’ve done here, Brad and Jim and team, is an example that we see other agencies and other cities following.
Temazcal: We have many cases where we’re dealing with ADVs and anchor outs across the Bay. I have cases right now in other parts of the Bay dealing with this issue, and often, I know several city members who’ve already reached out to both of you, I think, over the years.
Temazcal: to get some guidance. And I think we’ve heard from other harbormasters and other cities that
Temazcal: every city, every agency handles it differently. And so BCDC actually, over the past couple months, has been getting intel from
Temazcal: from agencies and people, mostly harbormasters in the Oakland, Alameda area, as well as South San Francisco, to better understand why this is an issue. A lot of the enforcement staff, again, is relatively new, but we’re seeing that this is a growing problem, and we’re actually
Temazcal: trying to work with every harbormaster in the Bay to understand what marinas can do better, and Brad and Jim, all this is to say that I’ll be reaching out to both of you, to get a better understanding of
Temazcal: Is there something that BCDC can do as a regional agency to support this?
Temazcal: Because we really do see this problem all across the Bay, and just to echo, Commissioner Eisen and Chair Gilmore, I think getting the data on how much, really, man hours, man-women hours, as well as money has been spent over the past couple years, will be very helpful as we kind of think through
Temazcal: Is there… could there be a regional program? What could this look like? Is it a task force? I know there was a task force, that was led by, I believe, the U.S. Coast Guard over the years, but I’ve heard that it’s since kind of petered off, and so we’re looking to kind of bring that back. But just wanted to throw that out there, that we are looking at a comprehensive
Temazcal: Collaborative approach, and we will be reaching out to get some insights from you.
Temazcal: Thank you.
Brad Gross: If I may, Chair Gilmore, thank Ms. Chamberlain, I appreciate that. I want to let you know that between Jim and myself, there’s about years of Harbormaster experience. I’m a -year retired Harbormaster.
Brad Gross: I would encourage you to reach out. I would encourage you not to reinvent the wheel. I’ve been at this for a long time. This program that we’ve put together with all the components works, and yes, we really could use BCDC’s assistance. I know you hear from colleagues of ours in Oakland all the time, and
Brad Gross: I have been talking to my colleagues. There is something that we do need from the state, which is legislation. I won’t bore the committee with everything yet, but I do have about two pages of recommended legislation that I’d love to have introduced and incorporated into the harbor NAV codes, which would make it much easier for harbormasters to take care of these ADVs.
Brad Gross: that come across their waters. So, thank you very much. I appreciate the, the question.
Marie Gilmore, Chair: Thank you, everybody. But before we go, do we have any public comments on this item, Margie?
Marie Gilmore, Chair: No public comments, Chair Gilmore.
Marie Gilmore, Chair: Okay, great. Well, does anybody else have any
Marie Gilmore, Chair: comments? Are we… okay, great.
Marie Gilmore, Chair: Well, I want to thank the RBRA representatives for coming and giving such a great presentation, and once again, to commend you for all your hard work over these months and years.
Marie Gilmore, Chair: And, now we are on to the final item of our meeting, which is adjournment, and I need a motion and a second for that.
Rebecca Eisen, Commissioner: So moved.
Marie Gilmore, Chair: I need a second.
Cesar Zepeda, he/him, Vice Mayor, Commissioner: Second.
Marie Gilmore, Chair: Okay, we have a motion by Commissioner Eisen, a second by Commissioner Zapata, and I’m not going to ask for a roll call. Everybody in favor of adjournment, just say aye.
Marie Gilmore, Chair: Aye. Aye. Okay, nobody’s opposed, so thank you very much, everyone. Have a good rest of your day.

Learn How to Participate
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 select the date of the Enforcement Meetings.
How to Provide Comments and Comment Time Limits. Pursuant to state law, the Enforcement Committee is currently conducting its public meetings in a “hybrid” fashion pursuant to Senate Bill 470 (2025). Each meeting notice will specify (1) where the meeting is being primarily held physically, and (2) 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 meeting location; (2) emailing comments in advance to public comment, one day before 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. Additional 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.

January 15, 2026 Commission Meeting
2026-01-15 13:00 - 17:00
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Primary physical location
Metro Center375 Beale Street, 1st Floor, Yerba Buena Room, San Francisco, CA 94105
Teleconference locations• 575 Administration Dr., Rm. 100A, Santa Rosa, CA 95403• 100 Howe Ave., Ste. 100 South, Sacramento, CA 95817• 2 Horatio St., New York, New York 10014• 890 Osos St., Ste. H, San Luis Obispo, CA 93401• 176 E. Blithedale Ave., Mill Valley, CA 94941• 2379 Sheffield Dr., Livermore, CA 94550• 14265 Highway 128, Boonville, CA 95415• 455 Golden Gate Ave., Ste. 14600, San Francisco, CA 94102• 2500 Acton St., Berkeley, CA 94702• Office of Supervisor John Gioia: 11780 San Pablo Ave., Ste. D, El Cerrito, CA 94530• 1188 Mission St., San Francisco, CA 94103• District 5 Office: 4381 Broadway Ste. 102, American Canyon, CA 94503• Menlo Park City Hall: 701 Laurel St., First Fl., Allied Arts Rm, Menlo Park, CA 94025• 500 County Center, 5th Fl., Buckeye Conf. Rm, Redwood City, CA 94063
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Agenda

Call to Order
Roll Call
Public Comment Period (Each speaker is limited to three minutes)A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.(Sierra Peterson) [415-352-3608; publiccomment@bcdc.ca.gov] General Public Comment
Report of the Chair
Report of the Executive Director
Consent Calendara) Approval of Minutes for November 20, 2025, Meeting
(Sierra Peterson) [415-352-3608; sierra.peterson@bcdc.ca.gov]
b) Recommended Enforcement Decision and Proposed Stipulated Cease and Desist Order CCD2025.006.00, SPF China Basin Holdings, LLC Staff proposes that the Commission adopt stipulated Cease and Desist Order CCD2025.006.00, the terms of which have been agreed to by the respondent and BCDC staff and would require, among other things, amendment of Permit No. 1976.011.16.(Michael Ng) [415-352-3610; michael.ng@bcdc.ca.gov]Staff Report
c) Recommended Enforcement Decision and Proposed Stipulated Cease and Desist Order CCD.2025.005.00, 46 Sandy Beach Rd, Vallejo, Solano County Staff proposes that the Commission adopt stipulated CCD 2025.005.00, the terms of which have been agreed to by the respondent and BCDC staff to resolve ER2023.058.00 at Vallejo.(Sean Wagner-McGough) [415-352-3628; sean.wagner-mcgough@bcdc.ca.gov]Exhibit A. Proposed Stipulated Cease and Desist Order CCD.2025.005.00 // Exhibit B Violation Report And Complaint with Exhibits// Exhibit C Proof of Full Payment of Administrative Civil Liability by Respondent // Exhibit D Recommended Enforcement Decision adopted without change by EC// Recommended Enforcement Decision

Commission Consideration of Administrative Matters(Harriet Ross) [415-352-3611; harriet.ross@bcdc.ca.gov]

Public Hearing and Possible Vote on the U.S. Army Corps of Engineers, San Francisco District’s Operations and Maintenance Dredging Program for 2026 through 2029 Consistency Determination Request
The Commission will hold a public hearing and possibly vote on the U.S. Army Corps of Engineers, San Francisco District’s proposed four-year San Francisco Bay maintenance dredging program, which will include six federal deep water channels: Oakland Entrance, Inner and Outer Harbor; Richmond Inner Harbor; Richmond Outer Harbor; Pinole Shoal; Suisun Bay and New York Slough; Redwood City Harbor; and San Bruno Shoal, to depths ranging between minus 30 and 50 Mean Lower Low Water (MLLW), and four shallow draft channels: Petaluma River Channel; Petaluma Across the Flats; Napa Upper and Lower River Channel; and San Rafael Creek, and total between 7.46M cubic yards (cy) and 17.6M cy. The Corps will dispose of the same amounts of sediment at authorized in-Bay disposal sites. The Corps also will beneficially reuse between 560,000 cy and 4.64M cy of sediment at wetland restoration sites, and dispose of up to 1.23M cy of sediment in the deep ocean approximately 55 miles off the coast.(Brenda Goeden) [415-352-3623; brenda.goeden@bcdc.ca.gov]Staff Report // Staff Presentation // Exhibit A // Exhibit B // Exhibit C // Exhibit D // Staff Recommendation // Public Comment // USACE Applicant Presentation

Public Hearing and Vote on Recommended Enforcement Decision to Resolve Enforcement Cases ER2019.038.00, ER2025.001.00, ER2025.002.00, ER2025.003.00, and ER2025.004.00.The Commission will hold a public hearing and possibly vote on whether to adopt the Enforcement Committee’s Recommended Enforcement Decision to address the unauthorized fill and development occurring at various properties adjacent to the Montezuma Slough on Van Sickle Island, Solano County. The Recommended Enforcement Decision includes a proposed Cease and Desist and Civil Penalty Order to Thaddeus and William Woodin, requiring removal of the fill and payment of fines, and separate proposed Stipulated Civil Penalty Orders to Steve and Lesley Belcher, the Kittrell Estate, and Allen Kanady, requiring payment of fines. The Enforcement Committee adopted the revised Executive Director’s Recommended Enforcement Decision during its December 10, 2025, meeting, which amended the Executive Director’s Recommended Enforcement Decision presented to the Enforcement Committee on October 22, 2025.Amanda Boyd) [415-352-3643; amanda.boyd@bcdc.ca.gov]Exhibit A. Proposed Cease and Desist and Civil Penalty Order // Exhibit B. Stipulated Civil Penalty Order (Belchers) // Exhibit C. Stipulated Civil Penalty Order (Kittrell Estate) // Exhibit D. Stipulated Civil Penalty Order (Allen Kanady) // Exhibit E. Revised-Recommended-Enforcement-Decision-2025.12.10 // Exhibit F. Violation Report and Complaint with Exhibits // Recommended Enforcement Decision // Staff Presentation

Briefing on the Regional Shoreline Adaptation Plan progressThe Commission will receive a briefing from staff on regionwide progress to implement the Regional Shoreline Adaptation Plan (RSAP). As of December 29, 2025, BCDC has accepted and posted notices of initiation for single and multi-jurisdiction subregional adaptation plans covering areas within five counties and eight cities. Staff will provide details on the status of individual plan developments in the region and on staff’s efforts to support the successful development of subregional adaptation plans.(Dana Brechwald) [415 352-3656; dana.brechwald@bcdc.ca.gov]Staff Presentation

Adjournment

Meeting Minutes

Video recording

Learn How to Participate
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.
