San Francisco Bay Conservation and Development Commission
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San Francisco Bay Conservation and Development Commission
375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 fax 888 348 5190
State of California | Gavin Newsom – Governor | info@bcdc.ca.gov | www.bcdc.ca.gov
Janua ry 13, 2022
TO: Enforcement Committee Members
FROM: Brent Plater, Lead Enforcement Attorney (415-352-3628; brent.plater@bcdc.ca.gov)
SUBJECT: Approved Summary Minutes of January 13, 2022 Enforcement Committee Meeting
1. Call to Order. The meeting, held rem otely via Zoom, was called t o order
by Chair Gilmore at 9:30 a.m.
2. Roll Call. Present were Chair Gilmore a nd C ommissioners Eisen a nd
Wagenknecht. Commissione rs Ra nchod a nd Vasquez a rrived shortly the reafte r.
Staff i n attendance include d Executive Director, Larry Gol dzband;
Enforcement Analyst, John Creech; Legal Secreta ry, Margie Malan; Lead
Enforcement Attorney, Bre nt Plater; a nd Coastal Prog ram A nalyst, Matthew
Trujillo. Ta ra M ueller, Deputy Attorney G eneral, was also in atte nda nce.
Chair Gilmore stated t hat a quorum was present.
3. Pub lic Comment. Chai r Gilmore report ed that the Enforcement C ommittee
had received three gene ral comme nts via email that ha d been posted on the
website.
Henry Warren, Sa n Rafael resident, state d that Bayside Pa rk on Point San
Pedro a nd t he county need to com ply with a re quireme nt from a 1971 permit
from BCDC that is being renewed. The county a nd city re cently announced a
trial elimination of one of t he eastbound traffic lanes; reside nts got only six
days of notice with an insufficient comme nt pe riod following. M r. Warren
asked for suspension of fines against C ontra Costa County to give time for the
public t o become better informe d a nd engaged, in orde r t o build support for
whatever t he county de cides to implement.
Brock de La ppe, Oakland Estua ry Harborm aster, stated that the homeless
encampment on the San F rancisco Bay Trail (BCDC Case #ER2019.046) has
continued to grow and become problemat ic. Also, the re is a growing numbe r of
illegal anchor-outs on t he Oakla nd Estua ry. Officer Albino, Marine Patrol
Office r for t he Oakland P olice Depa rtme nt, stated that a new Protocol a nd
Proce dure is being reviewed by the City A ttorney’s Office ; until it is reviewed
and approved, the re will be no enforcem e nt on t he Oakla nd Estua ry. M r. de
Lappe’s plea to BCDC was t o use all tools to engage with this problem,
including a Cease and Desist Orde r.2
4. Approval of draft minutes from the December 9, 2021 m eeting.
Commissioner Eisen m oved for approval of the Decem ber 9, 2021 meeting
minutes. Com missioner Vasquez seconde d. The motion carried una nimously
with a unanim ous hand vote of 5-0-0 with Commissioners Eisen, Ra nchod,
Vasquez, Wagenk necht, a nd Chair Gilmore voting “ YES”, no “NO” votes, a nd no
“ABSTAIN” votes.
5. Enforcem ent Repor t. Mr. Trujillo sum marized t he progress of
enforcem ent case resolution during the fourth qua rter of 2021, as follows.
• Staff closed 55 cases and opene d 27 case s.
• Staff deposited a net total of $5,600 int o the Bay Fill Cleanup and
Abatement Fund.
• $100 was re ceived a fter the resolution of Enforcement Case
#ER2021.116 on Novembe r 15.
• $5,500 was re ceived a fter the resoluti on of Enforceme nt Case
#ER2016.012 on Dece mbe r 14.
• In 2021, staff close d a total of 247 cases and ope ned a t otal of 139
cases.
• They issued 12 e nforcement -related pe rm its and/or pe rmit
amendme nts.
• They issued one Executive Dire ctor order.
• The C ommission issued two Cease and De sist Orders and a pproved
seven Settlement Agre ements.
• The C ommission collected $182, 979 in civil penalties.
• As of Decem ber 31, 2021, the re we re 94 unres olved cases.
Mr. Cree ch s upplied further details.
• The C ommission una nimously approved a settlement agreement with
the City of Sa usalito to address noncom pliance with t he Richa rdson
Bay Spe cial Area Plan i n Ja nua ry 2021.
• The C ommission una nimously approved a contested Cease a nd Desist
Orde r against Mr. Dillon to resolve una ut horized activities in East
Lagoon Wide Slough in S olano County.
• In March 2021, enforceme nt staff ente red into an agreeme nt with
Lind Tug & Ba rge, Inc. to settle a 2013 e nforcement case. They
collected a $132,279 civil penalty.
• In May 2021, the Commission aut horized the submission of proposed
amendme nts to the Enforce ment Regulations t o the Office of
Administrative Law.
ENFORCEMENT COMMITTEE MEETING MINUTES
JANUARY 13, 20223
• In July, Mr. Trujillo returne d a fter working in Covid contact t racing for
12 months.
• In Septem ber 2021, the Commission approved a Settlement Agreement
with the Richa rdson’s Bay Regional Agency (RBRA) t o a ddress
noncom pliance with the Richa rds on Bay S pecial Area Plan and e nabled
the res olution of a 2010 e nforcement cas e.
• In Decem ber, t he Commission unanimously voted t o a pprove an
uncontested Cease and Desist Orde r t o the Koppl Family Trust in
Belvedere t o a ddress unaut horized w ork.
Public Comment
Mr. Warren asked if it were possible for Mr. Trujillo t o provide curre nt
information on t he status of the enforce ment action a nd the fines regarding
Marin C ounty and Bayside Park. Mr. Truji llo answere d that it is public
information and he w ould be ha ppy t o connect with Mr. Warren.
6. Quarterly Report from the RBRA Regarding Anchor -Outs in Richardson
Bay. Chair Gilmore stated t hat this briefi ng pe rtained to the RBRA’s com pliance
with the te rms of t he settlement agreeme nt they rea ched with BCDC last fall.
The agreeme nt requi res the RBRA t o a ddress illegally anchored boats within
five years a nd sets inte rim requireme nts to ens ure that t he five-year dea dline
is met.
Steve McGrath, RBRA Inte rim Direct or, be gan with a list of i nterme diary
deadlines in t he settlement agreeme nt. He made note of the following items.
• Petition for any necessary federal a ction, completed 10/12/21.
• The Eelgrass P rotection a nd Manageme nt Plan, com pleted 8/12/21.
• No new vessels in the Eelgrass P rote ction Zone (EP Z), ong oing
• An RFP is out t o install 15-20 moorings in the anchor zone.
• Completion of a dministrative actions, ong oing.
Mr. McGrat h listed the actions completed since A ugust 2021, including a
reduction in t he num ber of vessels from 85 to 80.
He listed priorities that the RBRA Boa rd would be discussing that
evening. He relayed the message to t he Enforceme nt C ommittee that rem oval
of sa fe a nd seaworthy or post-August 2019 vessels was not a priority. By 2026
this will be accomplished.
Challenges for 2022 pe rtain t o housing. The County of Marin is working
with all four encampme nts on its waters t o find s uitable housing. The RBRA
and t he a nchor-out com munity will be w orking with Bay Area ma rinas t o t ry to
place as m any people as possible into ma rina slips. The ret rieval of sunke n
vessels is also a challenge.
ENFORCEMENT COMMITTEE MEETING MINUTES
JANUARY 13, 20224
Mr. McGrat h displayed a cha rt showing v essel metrics beginning in
August 2019.
He listed eelgrass metrics. No new subtidal habitat damage has bee n
reporte d. RBRA has not yet initiated beneficial re-use of dredge mate rial
proposals or eelgrass rest oration proposa ls.
RBRA has established the 200-acre EPZ and is working with t he Coast
Guard on getting it codified. They are engaged in wildlife and habitat
monitoring.
Mr. McGrat h displayed a map of the anchorage area and EPZ.
He showed photographs of ma rine debris, including a vessel that had
been refl oated by t he a nchor-out comm unity to be clea ned up.
The D ownt own Streets Team has caseworkers on the wate r two days a
week, reachi ng out to the population t o g et them int o case ma nagement and to
find t hem housing.
Mr. Plater stated that it looks like the ag reement is working well for this
intractable problem. Items on the timeline a re being completed as schedule d.
The RBRA is spreading t he w ord a bout the region-wide permit that BCDC has
authorized to incre ase liveaboa rd slips in the Richardson Bay Marina on a
temporary basis. Mr. Plater recognized that BCDC cannot force any one, nor can
the RBRA force any marina, to take a dvantage of the pe rmit.
Mr. Plater said that BCDC is working with the Coast G uard, which has
anchorage rules, to get t he EPZ aut horized and finalized. BCDC is confide nt
that the 2023 deadline is a chievable.
Questions and Discuss ion
Commissioner Eisen asked about the goal of no new vessels among the
anchor-outs. The chart s howe d that the re were some new vessels in the
August-Septem ber timeframe. She asked about vessels that a re refloate d; do
they count as new vessels? Also, have there been new vessels in Richardson
Bay since t he influx in the August-Se ptem ber timeframe ? Mr. McGrath
answered that re floated vessels do not count as new vessels. Jim Malcolm
answered that vessels that are sunk are not removed from the invent ory list
until they a re fully abate d. Regarding the second question, he stated t hat
while the total vessel count is de creasing, there a re times whe n a new vessel
comes in.
Commissioner Eisen requested for t he ne xt qua rterly report to show the
numbe r of new vessels, the rem ovals, and the net t otal.
She asked who is conducting t he wildlife and habitat monitoring on the
EPZ. Mr. McGrat h a nswered that it is the ir consultant, C oastal Policy S olutions.
Mr. Malcolm adde d t hat t hey also w ork w ith Richa rds on Bay A udubon.
ENFORCEMENT COMMITTEE MEETING MINUTES
JANUARY 13, 20225
Ms. Malan stated that staff had not re ceived any email com ments on this
item.
Executive Direct or Goldz band noted that stepping in as an Interim
Executive Direct or, as Mr. McGrat h has, is no easy feat. He tha nked M r.
McGrath for doing this ha rd j ob.
7. BCDC 2022 Enforcem ent Team Plan. M r. Plater stated t hat inte rviews are
ongoing t o replace P riscilla Njuguna, w ho left in De cembe r. Case tra cking
management has been split among the te am membe rs.
He stated t hat Bra d McC rea retire d in December. In the i nterim, the
enforcem ent responsibility teams are falling unde r Gene ral Counsel Greg
Scha rff’s direction.
Staff is now tasked with prepa ring Enforcement Com mittee agendas for
the year. M r. Plater re quested discussion on the proposed agenda, as follows.
• Staff i ntends to continue providing regula r e nforce ment reports with
the enforceme nt met rics that they inte nd to m eet during the yea r.
• Staff i ntends to have a meeting dedicate d largely to t he a nchor-out
and e ncam pment issues occurring on the Oakland Estua ry.
• Staff has been trying t o respond to querie s received from
Commissioners a bout eithe r particula r a reas where enforceme nt
actions a re occurring, or information a bout pa rticula r e nforce ment
cases. Staff will supply case studies regarding cases that have alrea dy
been closed, in orde r t o give Commissioners an opport unity to give
feedba ck.
• Staff i ntends to put togethe r a docket for formal e nforcement
matters. The re a re tw o tiers of e nforcem ent: the standa rdized fine
level and the formal enforceme nt process for significa nt matte rs that
requi re public oversight. Staff w ould like to put the formal cases on
an ongoing docket in expectation of hea rings for t he remainder of the
year. Beca use the minimum time pe riod from the mome nt the
violation re port goes out to the first day a hea ring ca n occur is 60
days, this kind of a plan w ould not start t o come t o fruition for a
couple of m ont hs.
Questions and Discuss ion
Chair Gilmore was int rigued by the docke t idea. It maps out our future
plan a nd might light a fire underneath the violators – inspiring them to
cooperate or com ply with staff before the ir date comes be fore t he Enforceme nt
Committee.
Chair Gilmore also felt that the Enforcem ent Committee will be spending
much time in t he coming months dealing with the estua ry issues:
ENFORCEMENT COMMITTEE MEETING MINUTES
JANUARY 13, 20226
encampments, illegal anchor-outs, a nd m arine debris. We will have t o partner
up with ot her jurisdictions if we decide to make this a pri ority. It is a long -
term, intra ctable problem. We ne ed t o look at ways t o preve nt things from
happe ning again afte r they are clea ned up.
Commissioner Vasquez agree d. Having ca ses on a docket makes violators
know t hat BCDC k nows t hey a re out the re . It may e ncourage them to make a
phone call at least. It is also anothe r ste p in t he w hole process of how we
continue t o do work as t he Enforceme nt Committee.
Commissioner Eisen a ppreciated staff taking time to think t hrough what
the key issues are a nd how best t o brief t he Committee. She agree d with Chair
Gilmore on the difficulty of the issue of t he anchor-outs. S o ma ny times the re
is a question of t he inte rsection of t he homeless community and the public
access that we a re t rying to provide. In t he matte r of homeless encam pments
near Lake Me rritt, ma ny of t he age ncies involved have bee n stymied by the
recent Nint h Circuit Court decision involv ing the City of Boise. P ossibly we
could re ceive a legal briefing on the im pa ct of that case on our efforts.
Commissioner Eisen recalled past discussion on creating a data base in
which t he pe ople in cha rge of e nforceme nt ca n kee p t rack of all the va rious
complaints. Does t he docket tie into that ?
Commissioner Eisen asked if we ca n do m ore to com municate our
processes to t he public, as well as how w e can learn a bout new violations othe r
than hoping some one will come to us wit h information. Possibly we could have
an agenda item for discussion on these topics.
Commissioner Wagenk necht agree d with t he idea of having predictable
and t rans pare nt information listed in a docket. The data base t hat
Commissioner Eisen spoke of would free up me mbe rs of t he public from
wonde ring what is going on with a pa rticular enforceme nt a ction. It might also
define more clearly what BCDC ca n do and what is being done by ot hers.
Chair Gilmore wante d t o make sure that we draw a distinction between
illegal anchor-outs that may or may not have people living on them, a nd mari ne
debris. While marine de bris is very expensive to rem ove, it does not have the
same hum an issues as liveaboards. We should be l ooking at very diffe rent
strategies for dealing with the two issues.
Commissioner Ranchod liked t he docket i dea a nd asked how it would fit
with the case prioritization process. If we have a docket t hat is publicly
accessible, possibly we ca n indicate what othe r agencies or gove rnme nt
entities are involved in resolution.
Executive Direct or Goldz band me ntione d that starting t his past F riday,
retired Gene ral Counsel Marc Zeppetello has ret urned as a n a nnuitant for a
limited period of time. The e nforcement regulations t hat the Commission
ENFORCEMENT COMMITTEE MEETING MINUTES
JANUARY 13, 20227
approved afte r t his group worked so hard on them, have been stuck at the
Office of A dministrative Law (OAL) for several months. Mr. Scha rff felt that it
would be m ore e fficient for M r. Zeppetello to work with OAL on its technical
questions. Any cha nges will come back to the Enforceme nt C ommittee, then to
the Commission, t hen back up to OAL.
Public Comment
Mr. Warren expressed his a ppreciation for the work of the Enforce ment
Committee and the Commission. He liked the ide a of having an explanation for
the public of the Enforcem ent C ommittee’s internal processes and providing
status reports on vari ous a ctivities.
8. Adjournment. C hair Gilmore a djourned the me eting at 10:38 a.m.
ENFORCEMENT COMMITTEE MEETING MINUTES
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