At Council This Week

There is an additional special meeting that begins at 12:30pm due to several items that will be lengthy. The regular meeting starts at 3:30 pm as usual.

Modified Corridor Safety Ambassador Grants

In July, CM Janani Ramachandran, Treva Reid and Noel Gallo fought to include a $1 MM allocation for safety ambassadors in shopping districts on Hegenberger, the Laurel and in Fruitvale—despite ultimately voting against the Mayor’s budget which had the funds to make the allocations possible. The original larger allocation contracts for service providers for the ambassador programs in each area was pulled from the agenda several weeks ago as the realities of a potential contingency budget loomed. CM Dan Kalb was instrumental in finding the funds for the ambassador allocations in the hopes of achieving unity on the budget in July only to have the three vote against the budget he had just found the funds in. Nevertheless, he suggested a limited allocation that would take the programs only through the holiday shopping period. The Economic and Workforce Development Department is now coming back with that limited allocation for each corridor.

CM Kevin Jenkins originally introduced this legislation that would require contractors to submit information about their workforce in construction of buildings above 100 units, including union affiliation and demographic data. Jenkins original legislation, almost certainly written by the Building Trades, called for a withholding of the certificate of occupancy if the reports weren't provided. Staff has offered amendments that would instead levy a $10K penalty for failing to do so.

Landlord Lawsuit Against Waste Management Settled

The near decade long-suit by several landlords who objected to the practices of Waste Management, the city contractor for waste service in some parts of Oakland, will be settled with an affirmative vote by council. The settlement contains:

— an advisory committee that will advise with respect to the City’s waste and recycling collection franchise agreements and services.
—a report and proposal to add landlord petitions for rent increases based on increased costs of waste services rates.
—720K payout, mostly for attornies costs. 200K to plaintiffs

Council President Bas’ Overview of Council President Duties, Lessons Learned, Accomplishments

Bas has a parting report outlining the duties of the Council President, the role she has served in since 2021—recommendations from the City Administrator, Clerk and City Attorney suggest that the Council President should also fill the role of Rules Committee Chair going forward as Bas did. Bas also notes her accomplishments in the role:

—working more closely with CAO during budget process
—updating rules of procedure
—coordinating Zoom to in person hybrid transition for meetings,l language interpretation and managing zoom and meeting disruptions
—Council orientation sessions

Ordinance To Replace Prologis with Oakland Pro Soccer LLC in Alameda Raider's Training Facility Deal

The City had originally moved to buy the County’s $qa11 MM share of the now-defunct Raiders training facility so that it could sell a unified share share to Prologis. The deal with Prologis would have allowed the Roots and Soul soccer teams to use the site as a practice space. But at some point, that deal fell through and Prologis walked away. Now, CM Rebecca Kaplan is proposing that the City take on the same deal, but with Oakland Pro Soccer, the parent company of the teams, and potentially an investment partner.

Approvals For The California College Of The Arts Redevelopment Project

CED moved to approve an eventual residential project at the California College of the Arts, a building abandoned for years when the school moved to SF. The 448 units would have only 23 units for very low income. The project would also be required to have some interim use due to the fact that the project start date is TBD, and relies on favorable market conditions.

Amendments To The Rent Adjustment And Just Cause For Eviction Ordinance

CM Dan Kalb’s parting legislation at Council would amend Oakland’s renters protection ordinances to forbid landlords from raising rent or following through on no-fault evictions if they haven’t paid their revenue-based business tax. It would also reduce the time limit for “banking” rent increases—a process by which a landlord can skip their allowed annual cost-of-living rent increase for up to ten years then add the increase all at once. Kalb’s legislation would allow the maximum allowable time period to 5 years, except in instances where the property is inherited or passed between family members.

CM Dan Kalb brought this legislation several weeks ago in the Community and Economic Development committee, but it was stalled over several meetings, mostly due to objections by CMs Kevin Jenkins, a stalwart protector of landlord interests and Noel Gallo, who like Jenkins, is also aligned with landlord group, East Bay Rental Housing Association.

EBRHA opposes both the BLT and banking changes, and Noel Gallo and Kevin Jenkins appear to support their complaints—that made it difficult to emerge from a simple majority vote in a four person committee that also includes Carroll Fife.

Despite a dozen or so raucous landlords appearing at the meeting, a crucial no vote that would kill Kalb’s legislation was absent last week, CM Gallo. That allowed Kalb and Fife’s yes vote to overrule Jenkins. Now the legislation faces the whole council, but may get some mainstream support by acknowledging the Finance Department’s reports that property rental businesses constitute the single highest business tax scofflaw group.

Onsite Cannabis Consumption Permits

This legislation by CM Kaplan would create an easier and more varied set of cannabis consumption permits in Oakland, allowing consumption only sites and cannabis smoking sites that would be exempt from Oakland’s smoking laws.

A. Cannabis Consumption/Prepackaged Cannabis Products/No Preparation: on-site consumption of pre-packaged cannabis products but no preparation allowed
B. Cannabis Consumption/Limited Preparation of Cannabis Products: on-site consumption of pre-packaged cannabis products, and may also preparation and allow consumption of cannabis products.
C. Cannabis Smoking: on-site smoking of cannabis, and may also allow the consumption of pre-packaged cannabis products, and/or consumption of prepared cannabis products

Office of City Attorney's Repeal of Nuisance Eviction Ordinance

The Nuisance Eviction Ordinance has been a “tough on crime” marquee tool for years under the Brown, Quan and Schaaf administrations—allowing the City Administrator to either aid, or force, landlords to evict residents who’d been arrested for drug, violence or weapons related crimes with the help of the City Attorney’s office. The evictions can be carried out without a conviction, based solely on police reports.

About a decade ago, the ordinance was enhanced by City Attorney Parker, with the aid of a pilot state law, to also go after sex work and gambling related crimes as well. It’s an open question if the legislation has been used much in any of these areas. A 2020 public records request revealed that use of the evictions diminished significantly since its inception in 2004 and that it had its highest use before 2012. There was a minor increase in the use of the NEO after the 2014 amendments, but by 2017, the NEO fell into disuse again.

Parker’s legislative report states that California law passed last year and effective as of January 1, 2024 actually prohibits the application of the nuisance eviction ordinance. But Parker further argues that application of the law in Oakland and elsewhere has been discriminatory.

"nearly 80% of the tenants targeted for eviction under their crime-free housing laws were non-white" the report notes, citing an investigation by the LA Times in 2023, though the legislation has no perceivable impact on crime.

*the legislation to transfer $30 MM from the self-insurance fund was subsequently scheduled at a budget focused 12/9 meeting after originally targeted for 12/3