February 16, 2017 Revised Enforcement Committee Meeting

Time and Location

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

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

Tentative Agenda

  1. Call to Order
  2. Roll Call
  3. Public Comment
  4. Approval of Draft Minutes for October 20, 2016
  5. Public Hearing and Possible Vote on a Recommended Enforcement Decision Involving Proposed Cease and Desist and Civil Penalty Order No. CDO 2017.01; Scott’s Jack London Seafood, Inc. and the Port of Oakland.

    BCDC’s Enforcement Committee will hold a public hearing and possibly vote on a recommended enforcement decision including adoption of the proposed Cease and Desist and Civil Penalty Order No. CDO 2017.01 that would be issued by the Commission for alleged violations at the Public Pavilion at Scott’s Seafood Grill and Bar, located within Jack London Square in the City of Oakland, Alameda County.  The alleged violations include: (1) construction of an unauthorized metal-framed doorway, storage area, and stage, and installation of multiple planters, in a public access area; (2) failure to obtain BCDC authorization to replace the pavilion enclosure system from the authorized tent walls to an unauthorized retractable wall panel system with permanently in-place features; (3) failure to provide six years of reports of private events in the pavilion; (4) failure to permanently guarantee the public access areas at the pavilion; (5) failure to install and maintain all the public access improvements at the pavilion; and (6) extensive unauthorized use of the pavilion for private events during an approximately eleven-year period.

    Background. On October 20, 2016, the Enforcement Committee held a public hearing and adopted the staff recommendation that the Commission issue a proposed stipulated cease and desist and civil penalty order (No. CCD 2016.03) that staff had negotiated with the permittees, Scott’s Jack London Seafood, Inc. (Scott’s) and the Port of Oakland (Port).  However, at its November 3, 2016 meeting, the Commission rejected the Enforcement Committee’s recommended enforcement decision (i.e, the adoption of the proposed stipulated order).  The Commission provided comments on certain issues raised by the alleged violation and directed the staff to commence a formal enforcement proceeding if the staff and the permittees were unsuccessful in returning to the Enforcement Committee within two months with a different proposed stipulated order that responded to and took into account the direction provided by the Commission.
    In mid-December, the BCDC staff determined that it would not be possible to reach an agreement with the permittees on a revised proposed stipulated order that would be acceptable to the Commission.  On December 19, 2016, the staff commenced a formal enforcement proceeding by mailing a Violation Report/Complaint for the Imposition of Administrative Civil Penalties to the Scott’s and the Port.

    The Enforcement Committee is scheduled to hear this matter at its February 16, 2017 meeting. A staff recommended enforcement decision will be mailed and posted to the BCDC website no later than Monday, February 6, 2017.  The Commission is anticipated to consider the Enforcement Committee’s recommended enforcement decision in April 2017.
    (Marc Zeppetello) [415/352-3655; marc.zeppetello@bcdc.ca.gov]
    (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]

  6. Enforcement Strategy - POSTPONED
    The Committee will hold its second public hearing and discussion on a recommended enforcement strategy to set enforcement priorities, improve compliance, improve regulatory and legal effectiveness, and use resources more efficiently. The first public hearing was held on October 20, 2016.

    (Adrienne Klein) [415/352-3609; adrienne.klein@bcdc.ca.gov]

  7. Staff Report - POSTPONED
    The Committee will receive a briefing from BCDC’s enforcement staff regarding the status of Commission cease and desist and civil penalty orders issued in 2016 and other enforcement case work.
    (Maggie Weber) [415/352-3668; maggie.weber@bcdc.ca.gov]

  8. Adjournment

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.

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; (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 Bagley-Keene Act includes other specific provisions about how meetings are to be announced and conducted.