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RECOMMENDED ENFORCEMENT DECISION AND PROPOSED CEASE AND DESIST ORDER CCD2020.001.00, CITY OF OAKLAND (UNION POINT PARK) SCHUYLER OLSSON, COASTAL PROGRAM ANALYST MAY 21, 2020

Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

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Page 1: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

RECOMMENDED ENFORCEMENT DECISION AND PROPOSED CEASE AND DESIST ORDER

CCD2020.001.00, CITY OF OAKLAND (UNION POINT PARK)SCHUYLER OLSSON, COASTAL PROGRAM ANALYST

MAY 21, 2020

Page 2: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

UNION POINT PARK, OAKLAND

2May 21, 2020

Page 3: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

SITE CONDITIONS IN 2005

3May 21, 2020

Photo credit: Waterfront Action Photo credit: Waterfront Action

Page 4: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

SITE CONDITIONS IN 2019 (1 OF 4)

4May 21, 2020

Page 5: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

SITE CONDITIONS IN 2019 (2 OF 4)

5May 21, 2020

Page 6: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

SITE CONDITIONS IN 2019 (3 OF 4)

6May 21, 2020

Page 7: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

SITE CONDITIONS IN 2019 (4 OF 4)

7May 21, 2020

Page 8: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

BRIEF ENFORCEMENT CASE HISTORY• 2018 – 2019: Staff-level enforcement efforts and Enforcement Committee

briefings

• December 2, 2019: Staff issues two violation reports

• March 12, 2020: Enforcement Committee unanimously votes to adopt Proposed Order

• March and April 2020: City of Oakland requests timeline extensions due to COVID-19

• April 22, 2020: Enforcement Committee unanimously votes to adopt revised Order with extended timeline

8May 21, 2020

Page 9: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

PROPOSED CEASE AND DESIST ORDER CCD2020.001.00:SUMMARY OF KEY CONDITIONS

• Establishment of Temporary Reprieve Zone for inhabitants (complete)

• Closure of Reprieve Zone (September 1, 2020)

• Encampment Prevention (Ongoing; plan due August 15, 2020)

• Near- and Long-term Restoration and Maintenance Measures (August 2020 – April 2022)

9May 21, 2020

Page 10: Staff Recommended enforcement decision and proposed cease … · 2020. 5. 21. · PROPOSED CEASE AND DESIST ORDER CCD2020.001.00: SUMMARY OF KEY CONDITIONS •Establishment of Temporary

ENFORCEMENT COMMITTEE RECOMMENDATIONThe Enforcement Committee recommends that the Commission adopt the proposed Cease and Desist Order No. CCD2020.001.00, requiring the City of Oakland to undertake measures necessary to remove unauthorized encampments in Union Point Park and restore the Park to its intended uses.

Adopting the proposed Order would also require the City to maintain the Park in conformance with the Special Conditions in the Permits issued to the City and its co-permittees.

10May 21, 2020