Oakland Council Meeting Digest 9/19/2023

Top Story

Council Passes DVP Budget/Employment Funding, Amended Public Safety Proposals

The Two-Minute Takeaway

In a long night of legislative deliberations that ended after 2 am, Council passed several public safety related pieces of legislation Tuesday night and Wednesday morning. Public commentary on the legislation was fluid, and bridged three separate items on both the consent and non-consent calendars.

An item allocating $28 MM in Department of Violence Prevention [DVP] funding between October 2023 and June 2025 passed without much Council deliberation on the Consent Calendar. An accompanying item that restored grants for DVP’s employment funding to six organizations for a little over a year was the first item heard in the Non-Consent Calendar and it passed unanimously. Dan Kalb’s slate of public safety oriented directives passed after midnight, with several amendments including one shifting Kalb’s direction for a lateral academy to a feasibility report on laterals instead–CMs Ramachandran, Gallo and Jenkins were absent for that vote. Public commentary on the three disparate items touched on all three proposals, and the concepts of preventative investment versus policing–public sentiment expressed overwhelming support for investment in DVP over policing.

The Nitty Gritty

Kalb’s Public Safety Legislation

An amended package of directives to the City Administrator originally drafted and proposed by D1 CM Dan Kalb passed late in the night after several hours of public comment–the comment periods for the items were dominated by flat-lands dwelling BIPOC supporters of related Department of Violence Prevention [DVP] legislation. The deliberation for Kalb’s proposal was pushed deep into the night as well by a lengthy discussion and comment period for an appeal against a 20-year plan to expand the Head Royce school [see below].

The only portion of Kalb’s legislation that would have required substantive action by the City Administrator's Office [CAO] and Oakland Police [OPD]–the creation of a lateral OPD academy–was panned by CMs early in the process. D3 CM Carroll Fife, D4 CM Janani Ramachandran, and, later, D2 CM Nikki Fortunato Bas, all expressed skepticism about the capacities, costs and pitfalls of Oakland’s lateral academy attempts.

As this publication reported, at least two attempts to create a lateral academy have ended in failure since 2020 because the small number of applicants failed to pass Oakland's background checks. Ramachandran introduced an amendment to pivot the legislation to direct the CAO to explore the potentials of a lateral instead of proceeding directly to an attempt at an academy. The amendment's direction makes it far less likely a lateral academy will be attempted as a result of Kalb’s legislation.

Of the remaining policies, both original to the legislation and amendments added on the dais, none are actionable legislation. All instruct the CAO to explore opportunities and return to Council with analysis and potential solutions. Some of Kalb's proposals, like 911 recruitment and retention are already in motion. Mayor Thao announced a new allocation of $2.5 MM for 911 recruitment and retention earlier this month. The required City response to the Grand Jury report on its 911 services will be heard at a October 3 Council meeting.

Kalb's idea for local, regional, and federal law enforcement participation can all be independently pursued by the CAO or the Mayor, as can the addition of more CHP officers in the agency’s current Oakland participation program. Likewise, increased cooperation and funding for re-entry services from Alameda County [ALCO] can be pursued at the CAO's discretion, as well as coordination with ALCO's new Department of Violence Prevention. An amendment added by Kalb on the dais instructs the OPD and CAO to research expanded referrals of OPD calls for service to MACRO, and that can also be pursued by the CAO.

Some proposals are currently nebulous, and will run into barriers at the City. Kalb’s legislation directs the CAO to pursue an agreement with the state Department of Transportation to place surveillance cameras on Oakland freeway on-ramps; and to create a process for a City grant program to give surveillance cameras to private businesses. But the state funding and participation are still in development, and any City-funded camera network will require review by the Privacy Advisory Commission [PAC]. A previous attempt to create a public-private camera network with City funding was found to be stubbornly incompatible with the City's surveillance ordinance in 2021, and the Chinatown organizations seeking the network opted for private-only financing as the process faltered.

Treva Reid also introduced an amendment originally drafted by CM Kevin Jenkins–who was unable to attend the remainder of the meeting–that directs the CAO and Office of the Inspector General [OIG] to return in February with analysis and recommendation for a “real time crime center”–a central control room linking public video surveillance feeds and participating private feeds for real-time city-wide surveillance.

City Administrator Jestin Johnson speculated about the possibility of a real time crime center and noted that it could centralize a network of incoming camera feeds from disparate camera networks, some of them privately held. Kalb added the Reid/Jenkins “friendly” amendment to his legislation as it was a direction to only research and report. But Kalb expressed doubts about a “real time crime center”, provoking a short and unintentionally comedic exchange between the two:

“we need to make sure we are parlaying and recognizing what resources we have available…quite frankly lean in on making sure we can move something like this forward,” Johnson said.

Kalb responded, “You may want to look back 9 or 10 years here at City Council, when we considered a Domain Awareness Center [DAC]…you may want to review some of that footage…”

The struggle around the DAC–an idea for a comprehensive situation room drawing in all existing, and even new, surveillance cameras–spawned a city-wide movement against such broad surveillance and was instrumental in creating Oakland’s surveillance ordinance and the Privacy Advisory Commission [PAC]. Reporting in the East Bay Express revealed the City's intention to use the DAC to better monitor protests.

A discussion about Kalb's suggestion for "expanding" Ceasefire also revealed that a CAO audit of Ceasefire is ongoing. CM Carroll Fife offered an amendment to pursue a cost-benefit analysis that would gauge the efficacy and savings of using ambassadors instead of walking beat police. Bas added an amendment for conflict de-escalation training for local businesses and residents. The legislation calls for a first report back on the initiatives and directives in December, and direction for the CAO to return with quarterly progress reports on the directives thereafter.

DVP Grants Allocations and Workforce Programs Funding

Only about 14 people spoke on Kalb’s public safety legislation. Most of the public engagement for the night came during the earlier Consent Calendar, where the central DVP legislation allocating a two year funding cycle was agendized. In fact, speakers in favor of community investment for prevention and redirection often used Kalb’s public safety plan and police-focused expenditures as a rhetorical pivot. Around 69 speakers commented on the items during the Non-Consent public speaking portion, and another 25 spoke during the Consent item on employment grants– nearly a hundred speakers backed the level of DVP spending and often suggested it be increased, but showed little enthusiasm for Kalb’s package of proposals.

Janine Grantham from Black Organizing Project told Council that she supported more investments in communities and interventions like MACRO instead of police, which she called “oppressive systems that hurt and harm.”

“This has been what’s been going on for decades. Increasing policing isn’t proven to create safer cities, but it's proven to harm disproportionately, communities of color,” Grantham added.

Marshaun Farris, a Youth Employment Partnership [YEP] mentor, and life-long resident, told Council that violence prevention programs was something he was passionate about, despite having experienced Oakland's violence in a personal way.

“I am a super advocate for the DVP and the CBO’s [community benefit organizations] because my son was shot in front of McClymonds…and I was at work when I got the phone call. I was back and forth between Highland and YEP, because I’m passionate about what I do with these kids…they need this funding, and we need them, as much as they need us.”

In the days leading up to the meeting, several conservative organizations attempted to rally participation with a focus on public safety issues and policing. But only a handful of individuals holding those views appear to have come to the meeting, and fewer still apparently spoke. Nine speakers of a total of 94 who spoke on the issues were critical of DVP spending or advocated for more police-driven public safety initiatives, according to this publication’s count. Of the nearly 100 speakers who spoke on the items, most were BIPOC, self-identified life-long flatlands residents*.

The outpouring of support mirrored community participation in last week’s Public Safety Committee meeting when the DVP funding was initially discussed. Organizations such as Anti-Police Terror Project, Urban Peace Movement, and Black Organizing Project, among others, brought out supporters, but those benefiting and involved in the programs were also well-represented.

The additional $2.375 MM in DVP workforce funding [which was found in salary and other savings from the original DVP budget passed in June]  is allocated for a period slightly longer than a year, due to the staggered process for DVP budgeting. DVP funding is usually bridged with a temporary grant in the summer during budget deliberations and the funding is distributed anew after that period ends in September.

Issues may be revealed toward the end of the year-long period of funding, depending on whether or not a successor for the sunsetting Measure Z–which provides a large portion of DVP funding–is reaffirmed by voters. Both items passed with little deliberation. Kalb was not in the chambers when the workforce legislation passed, but the vote was otherwise unanimous.

What Else Passed?

Appeal Of The Head Royce School Planned Unit Development Project

Dozens of parents, students, faculty and boosters came to Council chambers supporting a proposed expansion of the Head Royce school, overwhelming a smaller contingent of the hillside school's neighbors who oppose it. Many neighbors of H/R are critical of the expansion, especially in terms of evacuation of the area should there be a major cataclysm like a wildfire or earthquake. The Planning Commission approved H/R's expansion plan in April, but in the meantime a group of neighboring residents calling themselves the Neighborhood Steering Committee [NSC] lodged appeals against the decision; the City Council is the body that adjudicates Planning Commission appeals.

The NSC led their appeal presentation with a graphic video highlight reel of the chaotic 1991 Oakland firestorm evacuation, and argued that increased student body and fleeing vehicles could create the same chaos in an emergency evacuation in the hillside community as vehicles tried to make their way down Lincoln Ave, the only route to the flatlands from the area. The group contends that despite meeting the approval of the City and the Planning Commission, the evacuation plan provided by the school for amplified student body and campus expansion is not sufficient.

The eventual construction of a new professional grade event space in the new campus also brought concern from residents, who worried H/R would rent out the space for large events, with ensuing noise, traffic and parking considerations. Residents were also concerned about a new proposed “loop road” that would accommodate cars for picking up and dropping students off.

Many expansion supporters sought to shrug off the elitist image of the school, once attended by former Mayor Libby Schaaf. Boosters argued that the remote and extremely expensive school is a community resource for Oakland, citing H/R’s commitment to providing financial aid for 26% of students, for example. A cameraman for KTOP, the PEG tv station that broadcasts the City’s meetings, took a break from his job to tell the story of his daughter’s experience at H/R.

“Head Royce has turned her education into something that she enjoys…every moment. She wakes up every day and says, I want to go to school…this South campus is going to enrich all the lives of the students that go there and can go there and will go there and will get scholarships. It will be diverse and we will see a great community of Oakland children get their education at this campus.”

CM Treva Reid recounted her own daughter’s experience in ancillary programs at the school. But residents of the affluent area communicated their suspicions that profit-motives drive the school and the expansion.

Kaye Young, a resident neighbor told the Council the plan was a disaster waiting to happen for evacuation on Lincoln Ave. Young also rebutted the image of Head Royce painted by other speakers.

“[Head Royce] is a business and a brand, selling customers potential entry into a pipeline for joining the 1%...this project is about money and Head Royce’s reputation in competition with other high cost private schools,” Young said.

D4 CM Janani Ramachandran, who is the representative for the district, advised other council members to accept staff’s recommendation to deny the appeal of residents, while also submitting amendments to the planning approval that would respond to many of the resident complaints. It’s customary in appeals, to allow the Council Member of the district to lead the discussion.

Ramachandran’s amendments:

–stipulation of construction of a sound-baffling wall to minimize noise impacts

–stipulation to submit an annual enrollment report to Planning for the first five years after occupancy begins, with independent auditing.

–maximum of 35% of total daytime/evening special, permitted events per year are allowed to take place at South Campus in locations other than in the Performing Arts Center, no outdoor events on South Campus on Sundays

–H/R must provide notifications of any large events expecting 400 or more people to all neighbors located w/in 300 ft of the school

–H/R may not lease out the South Campus event space; but may donate for an event with over 75 people as long as they obtain a city event permit [to prevent the event space from being used for profit-motive]

–a required traffic monitor at corner of Alita St/Lincoln Ave

–notice requirements to neighbors notifications regarding public hearings about the project

–requirement that construction complaints must be responded to within two days of receipt of complaint

–good faith attempt to obtain a Firewise USA designation, along with community.

–global Warming and transportation school curriculum after Phase 2 is complete

–increasing commitment to have students/faculty maintain a percentage of non-single occupancy vehicles traveling to campus from 34.5% to 50%.

The approval with amendments passed unanimously, with 8 ayes. The growth of H/R is planned to be staggered over several years, with enrollment milestones following phased-in construction approvals.

Community Facilities District

Updates to the Brooklyn Basin Community Facilities District legislation that creates a special tax for the owners of Brooklyn Basin passed with a unanimous vote [of the 5 CMs present]. The tax revenue funds bonds that pay for the park and other public use areas around the development. With ongoing development, the legislative vehicle for creating the funding source has to be updated; the legislation passed Tuesday did that.

The landholding parties in the district–Signature and Zarsion America–voted to create the CFD and the clerk tallied up the votes, which had been submitted in advance. The funding will go to creating and maintaining the public spaces around the site; the CFD tax is a tax only on the developers, not on tenants.

Shelter Crisis Ordinance

Last week, this publication mistakenly reported that the Shelter Crisis Ordinance renewal was on the Non-Consent calendar–but it was on Consent Tuesday night. While that Non-Consent placement would have guaranteed discussion, the item passed without discussion instead. The legislation passed with the removal of the constraints on vehicle tows, as reported here. New legislation on tows TBD.

Mayoral Appointments to Commissions and Boards

The Mayor’s appointments were all ratified except for John Mckenna to the Budget Advisory Commission. The City Administrator told Council that Mckenna had actually already stepped down from the role, and no longer wishes to serve on the commission.

Budget Advisory Commission: Reappointment of Armand Bryan & John Mckenna

Business Tax Board Of Review: Reappointment of Nick Peraino [Perraino is on the agenda twice, for another similarly named board. That appears to be the same board, with an erroneous name. Likely an error.]

Cannabis Regulatory Commission: Reappointment of Hellen Harvey, Javier Armas, And Chaney Turner; Appointment of Yulie Padmore And Tariq Ikharo

Library Advisory Commission: Appointment of Gabrielle Sloan-Law; Reappointment of Cristina Tostado

Commission On Persons With Disabilities: Reappointment Cathy Eberhardt; Appointment of Linda St. Julian and Mohamad Anwar Baroudi

Youth Commission: Reappointment Of Darby Hatfield; Appointments of Calupe Kaufusi, Ana Xu Li, Areli Chavez, Anohki Mehta, Katie Liang, Steve Nguyen, Amber Johnson, Michelle Wong, Haniel Kebede, Olivia Richardson Feldman

Police Commission: Karely Ordaz and Wilson Riles [Ordaz is currently a mayoral appointed alternate who was selected by the community based selection panel for appointment to full Commissioner status. Her alternate term will end in October, and with this vote, her new full selection panel appointment will begin the same month]

Lawsuits

All of the City’s settlements were approved, you can read more about them here, with links to the reports which describe them more fully.  

Direct Community Grants

The grants were approved unanimously as part of the consent calendar, but one small organization’s representative complained to Council that the original rating system for request for proposals was not followed. Bas explained that the RFP was a new feature attempting to make the grant-making process more transparent, but it could not be strictly adhered to after funding was cut to the grant program in light of the budget imbalance.

Non-Binding Legislation of Intent to Enact Recommendations from the Black Reparations Taskforce

The legislation directs the City, Council and Mayor to work collaboratively to implement elements of the taskforce recommendations to the State of California. A list of the recommendations is included in the legislation, as is a link to the California Reparations Taskforce Report.

OPD Grants

The votes on three grants add about $1.5 MM to OPD for specific areas of work, including, the Byrne Grant for procedural justice training; STEP Grant for additional DUI and traffic safety enforcement; and the DNA Backlog Grant, to fund DNA profiling in the city’s backlog.  

Oakland GO Bonds, Series 2023 Measure KK And U Sale And Projects

The required legislation that permits the City to take on debt for the issue of the bonds that drive both Measure KK–which is now on its last ebb of funds–and the new Measure U were passed unanimously in the Consent calendar. As part of the legislation, the amounts anticipated to be spent on each project in U and K series are designated in both the report and legislation. See this article for more on this.

Two Contracts for Sewer Services to Enable the City to Comply with a Consent Decree

The contracts passed unanimously as part of the Consent Calendar. See more here and here

OMSS LDDA Extension Amendment

The Lease Development and Disposition Agreement [LDDA] for this Port area classical truck stop was passed in the Consent calendar. The site will have showers, a convenience store, gas, and wash services, as well as logistical services and potentially a mobile hydrogen fueling facility. The project has been stalled for nearly a decade of negotiations and false starts. This is the third extension of the agreement, but commentary at last week's committee meeting indicates that the developer, Oakland Maritime, may be ready to break ground soon.

Contract For Tenant Representation At RAP Proceedings  

The legislation passed unanimously and without deliberation in the Consent Calendar. See this article for more info.

Exclusive Negotiating Agreement With Oakland Pro Soccer LLC For The Malibu Property [Consent Agenda]

The ENA passed with little deliberation in the Consent Calendar. See here for more.

General Plan and EIR

The General Plan/EIR was called after midnight Wednesday morning. Despite hearing a presentation from staff and a comment from Miss Margaret Gordon, the long-time environmental advocate who stoically stayed until the end of the meeting, CMs agreed that post-2 am was too late to in good conscience pass legislation. The item has been continued until Tuesday, and will be heard instead of the Public Works Committee meeting at 11:30 am. The Public Works Committee meeting had already been canceled due to an empty agenda.

*a note about balance in the framing of the speakers. The comments of the few who supported more investment in police over prevention weren't reported in this publication, as that would appear to create a counter-weight to the overwhelming tone of commentary where none exists.

The two rationales this publication followed to make this decision: 1) the few speakers who favored more investment in policing over DVP were members of one organization which appears to be influencing local coverage with help of influential PR firms. Though fewer than nine speakers held such opinions, they were often given counter-weight balance in local corporate reporting to the much larger group that are affected by both crime and incarceration to a much greater degree. Therefore, you can easily find the comments from this handful of speakers in any one of these reports, which have skewed the reality, apparently intentionally. 2) to show a true balance of opinions would require 10 pro-prevention responses for every one anti, and that’s beyond this publication’s ability to hold reader interest.