March 12, 2020 Enforcement Committee Meeting

Time and Location

9:30 a.m. to 12:30 p.m.

Bay Area Metro Center
375 Beale Street
Board Room, First Floor
San Francisco, CA 94105
(415) 778-6700

Tentative Agenda

  1. Call to Order
  2. Roll Call
  3. Public Comments
  4. Approval of Draft Minutes for November 14, 2019, and December 12, 2019, Meetings
  5. Enforcement Report
  6. 2020 Committee Meeting Schedule
    The Committee will discuss the tentative meeting schedule for 2020.
    (Priscilla Njuguna) [415/352-3640; priscilla.njuguna@bcdc.ca.gov]
  7. Briefing on Proposed Legislation
    The Committee will receive a briefing and discuss legislation that has been introduced to amend portions of the McAteer-Petris Act and Suisun Marsh Preservation Act to require BCDC to create and implement certain enforcement procedures and perform certain reviews.
    (Steve Goldbeck) [415/352-3611; steve.goldbeck@bcdc.ca.gov]
  8. Public Hearing and Vote on a Recommended Enforcement Decision and Proposed Cease and Desist Order No. CCD2020.001.00
    BCDC’s Enforcement Committee will hold a public hearing and possibly vote on a recommended enforcement decision, including the adoption of proposed Cease and Desist Order No. CCD2020.001.00 that would be issued by the Commission to the City of Oakland to remedy alleged violations involving encampments and other unauthorized activities that are interfering with public uses of Union Point Park. The Order would also require the City to restore and maintain the Park.
    (Schuyler Olsson) [415/352-3668; schuyler.olsson@bcdc.ca.gov ]; (Karen Donovan) [415/352-3628; karen.donovan@bcdc.ca.gov]
    Proposed Cease and Desist Order
    Administrative Record
    Violation Report issued for BCDC Permit No. M2003.028.01
    Violation Report issued for BCDC Permit No. M2008.030.00
  9. Briefing on Oldest Case Resolution
    The Committee will receive a briefing on the progress being made toward resolving the oldest cases.
    (Adriennne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]
  10. Briefing on Criteria for Delineation of Violations
    The Committee will receive a briefing and discuss proposals for delineating and calculating civil penalties in individual enforcement actions where multiple unauthorized activities are at issue.
    (Priscilla Njuguna) [415/352-3640; priscilla.njuguna@bcdc.ca.gov]; (Karen Donovan) [415/352-3628; karen.donovan@bcdc.ca.gov]
    Presentation
  11. Future Agenda Items
  12. Adjournment

Speaker SignUp and Time Limits. If you would like to comment on an item scheduled for a public hearing or speak during the public comment period, please fill out a “Request to Speak” form and give it to a staff member. Each speaker is limited to a maximum of three minutes during the public comment period, and the Chair may set time limits for each speaker at the beginning of a public hearing. You are encouraged to submit written comments of any length and detailed information to the staff. This material will be distributed to the Commission members. Applicants are responsible for presenting their projects at the public hearing.

Questions and Staff Reports. If you have any questions concerning an item on the agenda or would like to receive a staff report related to the item, please contact the staff member whose name and direct phone number are indicated in parentheses at the end of the agenda item.

Access to Meetings. Meeting facilities are accessible to persons with disabilities. If you require special assistance, please contact any staff member prior to the meeting. An interpreter for the deaf will also be made available upon request to the staff at least five days prior to the meeting.

BagleyKeene Open Meeting Act. As a state agency, the Commission is governed by the BagleyKeene Open Meeting Act which requires the Commission to (1) publish an agenda at least ten days in advance of any meeting; (2) describe specifically in that agenda the items to be transacted or discussed; and (3) refuse to add an item subsequent to the published agenda. In addition to these general requirements the BagleyKeene Act includes other specific provisions about how meetings are to be announced and conducted.