February 11, 2021 Enforcement Committee Meeting Summary

Five members of the Enforcement Committee – Chair Scharff, Commissioner Gilmore, Commissioner Vasquez, Commissioner Ranchod and Commissioner Wagenknecht – attended the virtual February 11, 2021, 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.

After approving minutes of the prior meeting, the Committee received an update on enforcement case resolution during the fourth quarter of 2020.  The enforcement report also included information on the ongoing resolution of the Union Point Park matter for which cease and desist order CCD2020.001.00 was issued October 21, 2020.  Ms. Njuguna informed the Committee that the City of Oakland implemented an encampment enforcement policy in October 2020 that took effect on January 1, 2021, that characterizes areas near protected waterways as high sensitivity areas when the City considers the encampments it needs to address.  She emphasized that Union Point Park meets the definition in the City’s new policy of a high sensitivity area given its proximity to the Oakland Estuary.

Thereafter, Commissioner Wagenknecht received two on-boarding briefings.  The first was on the enforcement program process including information on the case review procedure, the case management procedures, and the simplified case prioritization process.  The second briefing by Ms. Klein on several factors that combined result in case resolution delays.  The illustrative examples used included delays in resolution that result when violations are not retroactively approvable, site constraints when there are multiple violations, as well as differing levels of owner capability to retain and use technical experts to assist in resolving complex cases.

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