That comes from http://www.ktvu.com/news/news/local/air-national-guardsmen-launch-baby-rescue-mission/nfRyh.
That being the case, unless they knew about it beforehand, I see no fault to be laid.
A number of reports claimed that "rescuers have discovered the sailboat has no power and no capability of steering itself." This makes no sense to me. It is, after, a sailboat and is equipped with a hydrovane self steering vane.
It's possible that they are referring to the fact that their Hans Christian 36 only carried 30 gallons of fuel and it's conceivable that they have used more than anticipated keeping the batteries charged. Other power sources aboard (according to their blog) are two 135w solar panels and a towed generator.