Thread by @hyphy_republic

12/1/2020 Council Meeting Thread starts here #oakmtg

D5 CM Noel Gallo is reading an official honor for Mike Lee, a homeless advocate and homeless person who passed away in August dailycal.org/2020/08/04/a-b…

Speaker calls in to ask Council to delay action on the Kaiser Auditorium item that would, among other things, give Kaiser corp naming rights and control of a marquee on the civic auditorium, until the new Council is seated #oakmtg

Orton, a Schaaf ally and local high end developer, got a 99 year lease to rehab and run the Civic. They are already getting City funding for that; the naming rights would last for 99 years and transfer 12 million more to Orton to cover the costs. #oakmtg

Orton gave a substantial amount of cash to Schaaf's Measure AA campaign fund, and the architect for the project was on the Planning Commission. #Oakmtg

Andreas Cluver w/Building and Trades Council complains agreements ALCO BTC has w/Orton weren't included in agreements by #oakmtg. Also complains ALCO BTC never contacted by staff about Electrical rules, says workers need to have input [unclear why it would affect workers]

Gene Hazard is the last person who cares about the corruption and incompetence that went into the Fox Theater, and he mentions it in context of the Orton deal for Civic Auditorium #oakmtg

Jeff Levin of EBHO says they still can't get enough data to answer question. 11k market rate housing units during time period of audit. The #s don't add up, and there's no answer to why there's so little in Impact Fee. He says audit info lacks necessary specificity #oakmtg

A note about this. Advocates like EBHO were asking for an audit of the program, but the city contracted consultancy, not an audit. That's why so much of the info is imprecise #oakmtg

Sunrise Movement staffer asks City add requirements to the Electric new rules requiring report backs on job benefits to lower income workers [in construction] and guarantees that the requirements wouldn't put undo limits on affordable housing unit construction #oakmtg

Kitty Kelly Epstein also asks the Kaiser item to be post-poned. She syas its a give away to a private developer, and that the give-away to Kaiser is also troubling. The developer is off schedule and has changed their proposal. Mentions Orton's contributions to AA #oakmtg

Posed the issue of limited missing persons investigative staff, OPD Chief Manheimer says that incoming grant funds will likely be used to tackle other kinds of crime in CID, not as likely missing persons in CID #oakmtg

Kaplan floats the idea of using general funds that would have been used by grants to be redirected into areas of low funding like missing persons. Suggesting that grants be considered part of the budget, and city spending be redirected in parallel according to grants #oakmtg

Council as both council and Redev Successor Agency is considering a complicated set of proposals to assume ownership of Fox Theater, and keep city-affiliated non profit that currently owns it as a tenant. Some debt would be forgiven, other would be converted to lease payments

County and state approval are also required for this complicated deal. The City and FOT had tried this before, but failed that bar. #oakmtg

This is essentially a transfer of the Fox Theater from one city controlled entity to another, but the math and process is head-busting.

D6 CM Taylor inquires about whether expected loan payments from Fox were already earmarked in budgets or departments. Staffer isn't ready for the question, but she also notes that FOT hasn't been paying the loan anyway. #oakmtg

Another staffer says that the debt exists as "uncollectable amount" currently. Staff confirms that this is a net increase to budget, over unpaid loan liabilities #oakmtg

In response to questions about county's hotel program, Human Services Lara Tannanbaum says that BOS has agreed to keep the Operation Comfort hotel running thru June. The other hotel for at-risk homeless residents will likely be funded through February and perhaps longer #oakmtg

City Admin Reiskin gives report back on expenditure of CARES Act funding. Reiskin says that WIFI initiative won't meet the deadline because of a failure in BRT fiber infrastructure. Reiskin says they'll need another funding source to complete the project

Reiskin clarifies OFD will get the funds in the meantime. Council gave Reiskin the power to reallocate the funds if it looked like the deadline wouldn't be met [in this case to OFD]. But its also notable that he now says that the WIFI program will need another source of funds

This might be a legal necessity. It's possible City will bank money in OFD, then take equal amt of money back out of OFD next year, hence "other fund source". But also notable that Reiskin said that the BRT fiber fail meant the City couldn't "test" the program, not provide it.

Reiskin also says that 500k of a anti-displacement funding won't be spent by the end of the year. Will also go to OFD.

Kaplan asks about a line item funding Oakland Ed Fund to 600k for first "digital inclusion commitee" and then "equipment". Reiskin explains that the description is not current, he says the contractor is the Greenlighting Institute, not Ed Fund.

Its odd that despite having another contractor, that line item was changed to reflect equipment costs, but not changed to have the correct funder. Makes you wonder about the rest of the report.

It took five minutes to read the Kaiser Civic Auditorium item.

Jens Hilmer is giving the report on the proposed Civic Auditorium amendments that will include the marquee and naming rights for Kaiser corp, among other things, in a 99 year lease for 12 mil. Hilmer, as Hazard noted, was the agent for the Fox Theater non profit too

The City seems to think that getting Kaiser to pay 12 million for 99 years of marquee use is some kind of super deal-making #oakmtg

In 99 years, they are going to have 50 foot tall holograms, so I hope you'll enjoy a Thrive commercial for health services no one can afford anymore blocking the skies while your grandkids play on the shores of lake merrit.

Hilmer explains that they are proposing other changes in the LDDA, most of them are to make Orton's financing efforts easier with delays that have been caused by Covid. Some of these are protections of the community benefits agreement, including guaranteed tenancy if Orton fails

Hilmer explains that the naming rights agreement will give Kaiser Family Foundation the exclusive rights to name the facility for 99 years, including LED marquee facing Lake Merritt. Kaiser would be permanently on the LED. Kaiser would also have right to name the public grounds

Hilmer explains that Kaiser's 12 million would be taken by the city and turned into a grant for Orton's civic auditorium org to pay for redevelopment #oakmtg

I know its an aesthetic issue, but having the auditorium be corporate branded for the rest of my life really pisses me off. No one asked for this.

Here is the bones of the proposed agreement with Kaiser

One thing that makes no sense to me is the proposed Oakland Museum of Jazz History going into a building the Library says it needs, while this building which Orton really has no direct plans for is still empty.

Many speakers have asked for the Kaiser Auditorium item to be pulled, most of them saying that the new council should be allowed to make the decision.

Randolph Belle asks whether the Council thinks this is all the residents of Oakland deserve. He says if they think so, it shows a gross lack of vision. Belle was one of the original bidders for the building lease and has been consistently opposed Orton's plans since #oakmtg

Bas has been instrumental in getting Orton to provide a community benefits program, which has ameliorated some of the resistance against Orton from a community coalition. She says that Orton should have committed to more benefits, however, as does the coalition.

Bas says that the agreement would guarantee the development of the building in two years. She says its not the time to walk away from the project but to follow thru. She says the project should be moved forward in a timely manner #oakmtg

Bas says she still has concerns: She asks how will the City enforce compliance with the two year timeline in the proposal. She says the CBA hasn't been executed yet, despite it being a requirement of the lease. And she says Orton still doesn't have a PLA #oakmtg

Bas adds following amendment to ordinanc. She says its meant to create more accountability on a labor agreement with unions. But City Attorney reminds that this is a substantive amendment, and it will require a 6 upvote finding of urgency before it can be added.

Ironically, this new rule was added after the Equity Caucus added amendments to the mid-cycle budget at the last minute. But it has affected almost exclusively the efforts of CMs who aren't in the EC

Hilmer says that the City is a grantor to the Orton project. He says that the City's presence in the process due to this relationship will be sufficient to monitor the completion of the project over the 24 month timeline. He hedges about what the City will do if Orton fails.

Hilmer says that the completion guarantee means that Orton would have to provide up to 35 million if they don't meet deadline. But he also says money is not in escrow. The City would have to exercise the guarantee tho. City could also extend the deadline #oakmtg

From a promise to Bas that the project guarantee would lock Orton into finishing within two years, the actual reality became quite squishy. I know anyone who has followed Oakland politics for a while can envision the City waiving the guarantee fee.

David Dial, the Civic Auditorium Project Manager says that the CBA has been finalized, but it hasn't been executed yet. He says it will be executed before December 15. He says that Orton had intended to use union labor, and will conclude a PLA by the end of the year

50% net operating agreement. He says that's after rent, operating, debt services, return on equity, it will be many years before the city would see any of that and it won't be much. I think he said that would be 600k a year, not much.

Kaplan says she's worried that there's no executed CBA or PLA and once they've passed this, they lose power to make those happen #oakmtg

She also says that its also odd that 100% of the 12 million will go straight to Orton's redevelopment. She says that there's not even money allocated to cover the City's own work staffing costs. #oakmtg

Hilmer says that Orton needs every dollar for the redevelopment. He says that Orton actually generated the agreement with Kaiser [what?] and they're counting on the 12 million #oakmtg

Hilmer says that there were several major break ins in July and August and that Orton wasn't able to do any work through most of the year. Orton has a 9 month clause that allows them to walk away from the LDDA, that's been extended to 12/22. So they can still walk away #oakmtg

Hilmer says that the City couldn't redirect the tax credits if Orton walks away. That's significant, since the credits could have been given to other projects, but the City directed them to Orton based on their plan.

Kaplan brought up possible violations of campaign laws by Orton during the negotiation process for the Civic. Orton gave over 100k to the Oakland Fund for Measure AA, and of course, it was luchre for Schaaf, but its not strictly a violation since she didn't control the committee.

The urgency finding for Bas' amendments, below, was passed, allowing them to be added at this meeting, rather tabling to the next.

Bas says that if the CBA and PLA haven't been executed by the time the legislation comes back for second reading in December 15, she says she will move the item to non consent for new deliberation.

Bas added another amendment for 6 month interval report backs on construction #oakmtg

The ordinances and resolutions as well as amendments passed and they'll be back for the second vote on December 15. The project itself could still fall through, Orton could actually walk away itself. But if not, the marquee/naming rights go to Kaiser Family for a century.

OPD is getting its database/query system renewed, but Privacy Advisory Commission has recommended OPD not share database with non Alameda County agencies, especially federal authorities. OPD argues that they need to share it with various agencies and that would create "blindspot"

OPD argues that recent marijuana industry targeting caravans require OPD to have the database open to all agencies. Manheimer argues that they need more federal partnership. #oakmtg

Brian Hofer from PAC says that they would likely revisit some of their recommendations, specifically the ATF restriction, in light of current rise in crime. But he says that Forensic Logic doesn't have protections against third party use of the data, and they had to draw a line

Hofer says that Forensic Logic isn't the only source of the data in question, so that they're not creating a blindspot for other agencies.

OPD staffer says that Forensic Logic has committed to not giving OPD data to ICE #oakmtg

Bas notes that the OPD's item was submitted without the PACs letter to Council or PAC's recommendation. Almost as if they want to rush Council into a decision without all the facts

Kaplan asks Reiskin to make sure that OPD's items are submitted with any recommendations that PAC or other commissions provide. But Reiskin responds that the report itself describes PAC's recommendations. But there's no excuse for this, really. Just put in attachment

Joe Devries says that OPD is not legally allowed to share info with ICE and also prohibited at state level. That covers OPD, but its not clear that this covers Forensic Logic's sharing of the data. #oakmtg

Both OPD and the City Admin claim that Forensic Logic would agree to not share data with ICE, but its not clear what kind of agreement that would be.

Are they talking about creating a specification in the contract? Council didn't even ask if this was a written agreement, then went ahead and voted. Bas abstained from the vote, but it passed with 7 votes.

Planning Dept and CED are presenting a rehash of their Impact Fee report. So far the only new issue that's come up is Kaplan's question about Planning exceding its brief on giving out exemptions. Planning's Gilchrist was unable to address the question. #oakmtg

In all of these reports, the City has really glossed over the fact that there was never a process for recording who had to pay IF, when they were paid, what was owed and did their checks clear. How could you do this program and not have a system in place?

Planning Dept Director Gilchrist says that the City is required by the law that created Impact Fees, a 5 year report will be started next year and due in 22. But Gilchrist says they're going to expedite that and complete it early

Bas notes on site affordable units in lieu of Impact Fees is producing less affordable housing than getting payment. Both Bas and Kaplan have asked about earmarking expected funds before they are completely collected. The City waits until the IF are collected before issuing NOFA.

Bas also asked if the year-end report would also analyze accounting reports that advocates like EBHO have noted. Gilchrist says there will be greater scrutiny #oakmtg

Kalb says that the process has clarified that the law itself has to be updated and improved next year. It will be interesting to see where that could go with a new council, particularly Carrol Fife has been an advocate of changing the law itself.

Council is revisiting Vacant Property Tax rate. Last year, first year it was to be collected, they received pushback and gave a reduced fee/grace period. This year, they could put it back to where it should be for properties 4 units or less, from 3k to 6k per property.

The City estimates that leaving it where it is for 4 units or less properties would net up to 1 million less than they could have otherwise. There are 10 exemptions for the tax, including exemptions for wildfire prone areas [i.e., the hills]

City staffer says it will be years before there's enough data to tell if the Vacant Property Tax [Measure W of 2018] is pushing more properties into use/rent/sale, which was its intended goal

Taylor says that there's a waiver for financial hardship and that property owners have been aware of the tax for two years. Its notable that a significant number of the vacant properties City identified are in Taylor's district and a source of unending complaints from residents.

The staffer also notes that property owners will be notified of the City's pilot program that will extend the legal right to rent land to RV inhabitants which was passed by council earlier this year

Taylor moved to adopt the staff recommendation which is to bump the 4 unit properties back up to 6k from 3k. Thao voted no, but 7 other CMs voted yes. #oakmtg

Council voted unanimously to enter into a 50/50 split share with the County of the former Raiders training facility in Alameda with the objective of selling it as soon as possible.

Planning staffer going over the proposed legislation that would obligate all new construction to use only electricity and not gas in Oakland. It will only apply to new construction, no gas service will be provided to the new properties. Existing properties exempt #oakmtg

Kalb is reading in his redlines to the legislations, the changes aren't big, mostly clarifications #oakmtg

Rules obligating all electric construction in the City of Oakland was passed. It comes back for a second reading on December 15. But in the near future all new buildings in Oakland will be required to be built to only use electricity and won't have gas service #oakmtg

Manheimer now is introducing the request to accept a grant to purchase a new vessel for OPD. The grant is 325k, but the City will be obligated to pay 108k to accept it.

Last year, the City received the same grant to buy new engines for a current boat that appears to do all of the things that the OPD says they need. Depending on how many boats are in service, this would be OPD's fourth boat. More info here.

https://twitter.com/hyphy_republic/status/1333861318558851073

Kaplan puts the boat purchase in the context of the City putting up 108k for the grant and asks why the Port isn't putting up the money. #oakmtg

Manheimer says that the 108k matching will come out of personnel funds, in terms of staffing and training, and not be a direct dollar outlay. #oakmtg

Reiskin says that they've applied for DHS/FEMA funds for a fireboat before, but never been successful. He says its a larger investment than the police boats. Reiskin notes that there will be greater need for a fire boat once Brooklyn Basin is completed

Manheimer says they've responded to shootings at boats on the estuary and mentions the Princess Cruise ship that docked in Oakland in March. Manheimer says they've removed boats from the estuary, but that's not true. ALCO does that.

The vote for the new OPD vessel was unanimous. #oakmtg

Manheimer implied that the 108k the City is required to match would be done in kind, in terms of training, but that makes no sense, since they already have a marine crew. It would apparently require additional FTE hours, which is an actual expense, likely had in OT.

Manheimer was also unable to answer Thao's question about how much maintenance itself costs. Having worked in a boat repair shop, I can tell you the old saying is that the best way to go bankrupt is to buy and keep a boat

To the speaker's question about how many boats the OPD currently has functional, Manheimer gave an odd response "out of four boats, one is operational". This means Oakland has 3 non operational boats?

But last year, OPD got the same grant to buy double outboards for its "tactical catamaran" and used nearly the same arguments about why that was a superior boat to its others oakland.legistar.com/LegislationDet…

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