November 12, 2020 Enforcement Committee Meeting Summary

Five members of the Enforcement Committee – Chair Scharff, Commissioner Gilmore, Commissioner Ranchod, Commissioner Techel, and Commissioner Vasquez – attended the virtual November 12, 2020, BCDC Enforcement Committee meeting.  The public was able to participate by submitting written comments by email prior to the meeting, by phone, or by accessing the meeting via a link posted on the Commission’s website. View only access was also provided via Facebook Live.

At the meeting, the Committee received three briefings.  The first was the enforcement report, during which the Committee was informed that since October 1, 2020, 5 cases have been opened and 12 cases were closed, resulting in a current caseload of 232 cases, which is 6 fewer cases than the caseload on September 30, 2020.  The Committee was also informed that the City of Oakland will effectuate the consolidation of encampments at Union Point Park November 12th and 13th ahead of the November 15th deadline in the cease and desist order that was approved by the Commission in October.

The second briefing was presented by Ms. Klein and provided an update on the resolution of the oldest cases, which are defined as the cases opened prior to 2000.  The Committee was also provided with a written report on the oldest cases in advance of the meeting, and the report included a description of the progress towards resolution on each of the 5 remaining cases.

The third briefing was on the elements of the proposed agreement and/or stipulated order that staff is negotiating with the City of Sausalito to resolve the matter involving unauthorized vessels on the portion of Richardson Bay underlying City lands and to bring this area into compliance with the Richardson Bay Special Area Plan.  Ms. Klein discussed the proposed elements that staff is expecting to include in the resolution, including vessel influx management, removal of vessels within 5 years, the City’s commitment to cooperate in a regional solution, eelgrass subtidal habitat restoration and monitoring, ongoing community enrichment and engagement measures, and reporting requirements.  During the ensuing discussion, Commissioners asked questions about the City’s process for traversing vessels that stay for the prescribed 72-hour period and whether these vessels are then allowed to return after temporarily relocating into County waters.  In response to questions, Councilmember Cox speaking for the City of Sausalito informed the Committee that the City has designated an area for 72-hour anchoring and that the City has not recently had vessels that have left after 72 hours relocate to County waters and seek to return to City waters.  She also informed the Committee that the City will likely have some difficulty committing to all of the elements listed during staff’s presentation, but agreed to continue to discuss these matters with staff as an agreement is being negotiated.  

For details on the briefings, contact Priscilla Njuguna (415-352-3640, priscilla.njuguna@bcdc.ca.gov).

The next meeting of the Enforcement Committee is scheduled to be held from 9:30 AM to 12:00 PM on Thursday December 10, 2020.  It is anticipated to also be an online only virtual meeting with no physical location for attendees and participants to congregate.