October 10, 2019 Enforcement Committee Meeting Summary

Three members of the Enforcement Committee attended the October 10, 2019 BCDC Enforcement Committee meeting, which was held at the Bay Area Metro Center, located at 375 Beale Street in San Francisco.

At the meeting, the Committee received an update on the situation in Union Point Park and two briefings.  The first presentation was on the proposed definition of significant harm to the Bay or public access.  The second presentation was on proposals for delineating and calculating violations in individual enforcement actions where multiple violations are at issue.

After hearing from staff, representatives of the adjacent marina, and representatives from the City of Oakland regarding the Union Point Park situation, the Committee acknowledged the challenges that the City, and its co-permittee, the Unity Council, are facing, but they also indicated that the permittees must develop a plan to make the conditions in the park safe for the public, including the nearby marina occupants. The Committee requested another briefing on the matter at the November 20th meeting, and directed staff to commence drafting a cease and desist order for its consideration depending on the results of future discussions.

Regarding the definition of significant harm to the Bay or public access, the Committee agreed with the proposed definition and supported the proposal to include this in the enforcement regulations in the future as part of a broader package of proposed regulatory changes.

In response to the presentation on a proposal for delineating and calculating violations in cases where multiple unauthorized activities are at issue, the Committee agreed with the general proposal, and asked that staff address some specific questions and issues before bringing a proposed policy or guideline back to the Committee for discussion in the next few months.