At Council This Week, 12/16 & 12/17

[please see this article for budget related items]

12/16 Agenda

Amend Beautification Council Contract Amount

The legislation will authorize already budgeted Measure Q funds in the amount of $600K for ongoing work by Beautification Council in cleaning and garbage pickup around homeless encampments. BC already receives a city-brokered Caltrans grant to do work around state owned areas in Oakland.

Beautification Council began its role with the City during Covid, with a no-bid Cares Act grant for $175K facilitated by former CM Loren Taylor. The next year, BC received a no-strings attached $100k ARPA grant from ALCO BOS, sponsored by Nate Miley. BC’s Oakland grant was later bolstered by City brokered Cal Trans funds.

The grant comes as Ken Houston, the founder and principal of the non profit company assumes his D7 seat.

Direction to Create an MOU between Port and City on Environmental Issues

Healthcare Facilities Pill Hill Conditional Use Permit CUP

The legislation sponsored by CMs Dan Kalb and Carroll Fife would seek to develop a process for new development of healthcare provider establishments now that Samuel Merritt University is moving to a downtown location, freeing up space in Oakland’s healthcare dominated “Pill Hill” area in North Oakland. The City Administrator would be tasked with studying and providing a process to create a Conditional Use Permit [CUP] that would be specifically aimed at healthcare providers in the area, establishing zoning or other mechanisms that would require a Major CUP for “Health Care Civic Activities.”

Modifying The Enabling Ordinances For The Police Commission

In 2020, voters passed Measure S1, which changed some aspects of Oakland’s 4 year old Police Commission, including officially creating the role of Inspector General and allowing the OPC its own counsel. But the next logical step, the Council passage of an “enabling ordinance” codifying and concretizing new processes for the body, especially around the new agency, was never carried out as it was for the ballot measure that created the Police Commission, LL in 2016.

Kalb returned to the task last year, in a process that’s gone through numerous revisions and review by the stakeholders, including the Coalition for Police Accountability. The legislation was likely in no small way prompted by outsized drama at the Police Commission in 2023, but it also adds processes and duties to the OIG position.

Major changes to the OPC, CPRA and OIG in the enabling ordinance:

—Adds a section spelling out the role and capacities of the Office of the Inspector General, a body that did not exist until 2020. Among other duties you can find in the document below, the OIG will be able to request records from agencies in the purview of its work under the Charter, and the Public Ethics Commission will be empowered to carry out a complaint and investigation of any city official that fails to comply within 15 days.
—The Police Commission would be notified if there was an administrative investigation of the police chief, adding that to the definition of Serious Incidents which the OPC must be notified about by the City Administrator within 48 hours.
—The enabling ordinance would remove the “conflict of interest” language from the selection panel appointment process. That previously excluded attorneys who had lawsuits pending or had just completed lawsuits against the City, but would do so no longer.
—Clarifying Rules of Order and Processes, for such things as how to give direction to the CPRA Director and the Inspector General, as well as scheduling legislation and general rules around demeanor. Along with More specific rules about demeanor in dealing with City staff, and including the potential for investigation and removal from the body on complaints.
—Adds a provision specifying that “cause” for removal of the Police Chief by the OPC may include a final sustained finding of misconduct arising from an administrative investigation where termination is one of the potential outcomes.
—Adds provisions specifying “cause” for removal of the Inspector General
—CPRA would be able to investigate OPD cases regardless of whether a complaint has been submitted.
—Allows the Commission access to Department files and records including
personnel files
—Specifies that Commissioners with conflicts of interest regarding a particular case before an OPC discipline committee shall recuse themselves. The ordinance lists personal relationships and involvement in the case prior to its arrival at an OPC discipline committee as conflicts.
–-CPRA director would be in charge of creating that agency’s
Budget
—CPRA will have direct access to records in any outside investigation retained by the City to conduct an administrative investigation by an officer.

December 17 Agenda

Accept EPA Community Grant For Lake Merritt

Thanks to representative Barbara Lee, Oakland is short-listed to receive a million dollar grant from the Environmental Protection Agency to mediate the kinds of algae blooms that saw a mass fish-kill at Lake Merritt in 2022. The grant would fund the City's Lake Merritt Healthy Lake Initiative Project, meant to study and create strategies to combat excessive algae growth and low dissolved oxygen in the Lake, including additional oxygenation efforts, potential dredging and other solutions. While the City is on the list to receive the funds from the EPA, a resolution is needed to direct the City Administrator to apply for and accept the grants.

2025 State And Federal Legislative Agenda

Code Compliance Relocation Program Funding Resolution

When the City makes payments to temporarily house and aid tenants under the relocation program for those displaced by natural disaster, it invoices the property owner for reimbursement, which can take the form of a lien if unpaid. This resolution is required to transfer the payments to a city fund.

14th Ave Streetscape Project Phases 1/3 $7.2 MM Construction Contract to Lowest Responsible Bidder, Redgwick Construction Co.

Certification Of The Election Results From The November 5, 2024 Election

The certification of the County’s election results is a ministerial action required by the City to seat new officials, enact measures, and, in this year’s case, remove the Mayor and follow through with the processes after a recall.

Declaration Of Vacancies And Call For A Special Election For April 15, 2025

The declaration is necessary for two intertwined tasks. The resolution would acknowledge the receipt of D2 CM Nikki Fortunato Bas’ resignation letter, which creates the expectation of vacancy necessary to align the D2 vacancy-related election with the Mayoral one on April 15. Bas won the ALCO BOS D5 race, but won’t leave City office until January 6, 2025—the resignation letter creates the “vacancy” necessary to call for the election of the D2 seat on the same ballot as the mayoral election. The resolution also relies on the certification of the recall results to declare the Mayor’s office vacant, and allow Bas to assume the interim Mayoral role as Council President until she leaves office on January 6.

Thereafter, Dan Kalb will become the Council President for the remainder of his term which also ends in the first week of January. A new election for Council President will happen during the first Council meeting currently scheduled for January 9, 2025 and the new Council president will become the interim mayor until a new Mayor is elected in April to serve out the remainder of Thao’s term, which ends in January 2027, a total of 21 months.

The legislation also directs the City Administrator to fund and pay for the special election.