SUPPORT: Council President Amendments to Mayor’s Proposed Budget

It is always important in budgeting to be responsible, sustainable and make choices among competing priorities.  Choices are not easy and reasonable people can disagree.  Today the clear need in Oakland is to address crime and promote job growth. 

There are three principal budget proposals: (1) Mayor Quan, (2) Council President Amendments (dated May 30,2013) and (3) Councilmembers Brooks/Gallo/Reid  (dated May 30,2013).  We salute the work and sincere advocacy each effort embodies.  As noted above budgets require making choices.

The Oakland Metropolitan Chamber of Commerce supports the Council President Amendments which we recognize as building on the good work done by Mayor Quan.  The Amendments add elements to the budget made possible by a slight revenue increase since the Mayor established her budget.  That these improvements are possible is testament to the prudent, careful work done by the Mayor.

The City of Oakland spends over one billion dollars every year, the General Purpose Fund makes up about $430 million of that.  Because the competing proposals agree in many ways and have a few critical differences we want to lay out our priorities and explain some of the suggestions we find most problematic.

The Council President Amendments budget does the best job of focusing on public safety.  It maintains the Mayor’s plan to run four Police Academy classes and add to civilian staff at OPD.  Spending on police makes up only twenty percent of the total budget.  Over the past six years while city staffing has fallen 16%, sworn OPD staff has dropped 27% and civilian staff has fallen 34%! A focus on rebuilding OPD is needed.

The alternative suggested by Brooks/Gallo/Reid has several particulars with which we disagree.  Eliminating the CHP support contracts that add patrols to Oakland would be a terrible loss.  Cutting the number of civilian staff being added to OPD would undermine the effort to increase the number of officers on the street and could hinder the solving of crimes and the crime reduction strategy just now being implemented. That plan also puts the funding for police academies on a less certain footing – which puts in danger the ability to grow OPD above 700 officers (and perhaps even above current levels). 

Instead among other things it uses that money to reinstate spending in City Council office budgets and most significantly adds several million for a COLA for city employees.  We understand the City is negotiating with employee unions and we encourage that work continue.  It is worth nothing that while the economy shows signs of improving, the unemployment rate in the City of Oakland is still high and thousands of people in the private sector have seen wage reductions, benefit reductions and other challenges.  In a choice at current levels between spending to increase OPD staffing and offering pay increases we choose public safety.

One other note on spending to address crime.  At current levels one of the biggest factors restricting job growth in Oakland is crime.  In previous communications, we have shared with you anecdotal evidence that fear of crime may cause some employers to leave and prevent others from coming to Oakland.  Investments in public safety today won’t just hopefully save lives and property but pay dividends in increased investment, more jobs and a broader, more robust tax base that will make greater city spending possible.  

Problems remain.  There are negative fund balances, underfunded pension and health liabilities, increased contribution demands coming from state programs and the normal upward pressure on costs.  Revenue streams are scheduled to expire and there are no guarantees that current revenue upticks will continue.  This Council and Mayor will need to find ways to do more with less and serve the needs of the businesses and citizens of Oakland.

The Council President Amendments to Mayor Quan’s Proposed Budget is the best option and deserves your support.  It has ours.

 

OPD Gets a New Interim Chief

Just two days after Oakland Police Chief Howard Jordan stepped down citing medical reasons, Sean Whent has been appointed Interim Chief of Police, effective immediately.

 

 

It’s part of a new executive leadership team of the Oakland Police Department announced today by Mayor Jean Quan and City Administrator Deanna J. Santana.

 

Chief Whent is a 17-year veteran of the Oakland Police Department. His most recent job was Deputy Chief and commander of the Bureau of Risk Management with responsibility for overseeing the Training Section, Internal Affairs Division, Office of Inspector General, the Criminalistics Division and the Personnel Assessment Unit.

 

Interim Chief Whent has moved quickly to stabilize the leadership of the Oakland Police Department by announcing the following appointments:

Paul Figueroa: Acting Assistant Chief responsible for day-to-day operations of the Police Department.

Eric Breshears: Deputy Chief, Commander of Bureau of Strategic Initiatives including the Ceasefire program and Compstat.

Danielle Outlaw:  Acting Deputy Chief, Commander of the Bureau of Risk Management, which includes the Training Section, Internal Affairs Division, Office of Inspector General, and Criminalistics Division

David Downing: Acting Deputy Chief, Commander of Bureau of Field Operations

At the time of Howard Jordan’s medical leave the Assistant Chief was Anthony Toribio who said at the press conference today that he made a personal decision to step down to the position of Captain of Police and that he supports the new leadership.

Mayor Quan said a national search for a permanent Chief will begin immediately.  City Administrator Santana estimated the cost of the search at roughly $30,000 and Quan said it may be more as she adds community input to the process.  The Mayor indicated she hoped the appointment would come as soon as possible.

The selection of Whent and his subsequent selection of a leadership team came after consultations with Compliance Director Thomas Frazier.

Oakland Mayor’s summer jobs program kicks off with $50,000 grant from Bank of America

Kudos to Oakland Chamber member Bank of America which made a $50,000 grant to support the Mayor’s Summer Jobs Program.  The $50,000 grant will create 31 jobs for local teens, working with the City of Oakland, non-profit organizations, and local Oakland businesses.

Martin Richards, Bay Area Market President, Bank of America, talked about why they are supporting this program, “Teens have been disproportionally impacted by the recession, with unemployment rates exceeding those of any other age group and at an all-time high.  We are pleased to once again support the Mayor and the East Bay Community Foundation in providing jobs this summer that will provide youth with valuable skills to develop into self-sufficient adults”.

Mayor Jean Quan expressed appreciation for the financial support, “I want to thank Bank of America for again being a corporate leader in giving back to the Oakland community and stepping up to make a difference, I’m hoping other corporations and businesses will continue to work with us to lift up some of our most deserving youths and improve the quality of life for all Oaklanders”.

Quan continued, “A summer internship gives kids experiences and connections that will help them access the critical jobs pipeline later in life. Kids who get these internships are more likely to graduate high school, more likely to go to college and more likely to find productive employment.

To help connect unemployed and underemployed people, including young adults, with training and educational opportunities, the Bank of America Charitable Foundation has made workforce development and education among its top philanthropic priorities. Grant funding supports job training programs, such as community college access programs for middle and high school students, technical assistance and training for small businesses as well as nonprofit organization programs that connect unemployed workers with available job opportunities.

This year, the City of Oakland intends to train and place over 1,000 youth into summer jobs. To meet this goal, they are looking to the private sector to create over 2,000 jobs. To support the jobs program and hire a youth for summer 2013, please make a tax-deductible contribution to support local youth by contacting the Mayor’s Office at (510) 238-3141 or meverhart@oaklandnet.com.

Just Announced-Public Safety Action to come Quickly

Ten additional Alameda County Sheriff Deputies should be patrolling the streets of Oakland as early as February 2, according to Oakland Mayor Jean Quan.  The Mayor, joined by Police Chief Jordan and City Administrator Deanna Santana, held a press conference at City Hall this afternoon to discuss the public safety votes of the City Council the night before.  When asked when Bill Bratton would come to Oakland, Chief Jordan said he would expect at least 3 visits to the city by Bratton, the first to come in mid-February, depending on the former LA and NY City Police Chief’s availability.  

Jordan also took the chance to address concerns about “stop and frisk policing”.  Jordan said Oakland police engage in Constitutional policing.  He said that phrase “stop and frisk” comes from a U.S. Supreme Court decision in 1968, Terry v. Ohio.  In that case the Court established police may, stop, question and frisk a person the officer has a reasonable suspicion to believe has committed, is committing or is about to commit a crime.  He emphasized that racial profiling is not the policy of the Oakland Police Department.    

OPD Chief Jordan gets strong Council support

An Oakland City Council that will work together in the face of a boisterous opposition seems to be developing.  Last night the council approved four measures to support public safety.  These measures include (1) approving a consulting contract with former LA and NY police chief Bill Bratton to develop a Crime Reduction strategy; (2) approve financing for a "3rd" Police Academy to start in September 2013; (3) hire 21 civilian police department employees to improve service and free sworn officers for other duties; and (4) contract temporarily with Alameda County Sheriff to bring 10 sheriff deputies to Oakland two days a week for 3 months. 

The last three of these four resolutions passed on an 8-0 voice vote.  Only the Bratton contract received any opposition on the Council, and that a no vote from Desley Brooks.   Mayor Quan demonstrated leadership on these issues as well issuing a letter of support for the Bratton contract last week and attending the Council meeting last night.

A Salute to Oakland City Leaders

The Oakland Metropolitan Chamber of Commerce salutes the elected and appointed leaders of Oakland, including Mayor Jean Quan, Police Chief Howard Jordan, City Administrator Deanna Santana, the City Council, the Oakland Police Department, and everyone within the City Government for the peaceful and successful clearing of Frank Ogawa Plaza this morning.

It is a move that helps secure the plaza for all citizens to enjoy and removes the many safety and health hazards that were growing as overnight camping was allowed to continue. Now Oakland can move forward.

We concur with Mayor Quan’s comments at her press conference this morning when she asked that we all respect the city’s decision to close the camp and not hurt the city.

Moving forward, we commit to work with everyone who wants to grow our local economy. Local shops, restaurants and offices that have suffered lost business eagerly want to see their customers return.

Oakland is a great city and working together we can make it even better.

JOBS NOT TENTS

In a meeting this afternoon with the Mayor City Administrator and Chief of Police, business leaders expressed support for the Oakland Police Department and told Mayor Quan they would hold her responsible for a peaceful and successful resolution to this encampment.  They told her that businesses are suffering, sales off 40 % - employees, customers, clients afraid and harassed.  Businesses not coming to Oakland as a result of the lawless encampment.

The Message - if the situation is to improve we need to Speak up!  Tell the Mayor and Council they must protect public safety and health. Enforce the law.

The encampment must be closed.  Protestors should of course be allowed to meet in a lawful, orderly way to convey their message.

Do we want jobs or the encampment?  Which better serves the needs of the 99%?

If you support Jobs Not Tents, Please Like our Jobs Not Tents Facebook!

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Chamber's Response to Proposed Occupy Resolution

November 3, 2011

Dear Mayor Quan & Councilmembers, 

On behalf of the Oakland Metropolitan Chamber of Commerce Board of Directors and our many members we believe the proposed resolution stated herein should not be adopted.  We respectfully submit the background and our opinion as follows:

The City of Oakland has allowed members of Occupy Oakland to put up tents, other structures and cooking facilities and porta-potties in Frank H. Ogawa Plaza immediately adjacent to Oakland’s historic City Hall.  The City Council is now considering a Resolution that would in effect approve this Encampment on a permanent or semi-permanent basis.  The specific language of the Resolution is:

FURTHER RESOLVED, That the Oakland City Council urges the City Administration, whenever reasonably possible to address any public health issues, fire safety issues, noise disturbances of neighbors or violence in the camp, with verbal communication among the protestors and city or county officials; and be it FURTHER RESOLVED, That the Oakland City Council declares that it does not support the use of force to remove the encampment unless absolutely necessary, after, engaging in verbal communications, whenever reasonably possible; and urges Mayor Jean Quan, and the City Administration to exercise their administrative powers, if possible, in a manner that will not involve the use of force to remove the encampment.

            It is important to recognize that the Encampment is different from the right of Occupy Oakland – or any other group – to lawfully and responsibly exercise their free speech rights.  Frank H. Ogawa Plaza has often been used for rallies and assemblies where people – citizens of Oakland and others – have demonstrated and expressed their free speech rights.  The ‘Encampment” which allows people to stay in Frank H. Ogawa Plaza overnight and essentially to live in the Plaza is different from the expression of free speech.

            This Resolution effectively ratifies the actions of the Mayor and City Staff in authorizing the Encampment to stay in Frank H. Ogawa Plaza for an indeterminate time.  The question – not addressed by the Resolution or any public staff report – is whether this constitutes an action changing the allowed uses in this public park.  Clearly under any reasonable definition the authorization of this Encampment constitutes a change in use for this open space.

            It is useful to consider what approvals would be required if the owners of the vacant lot adjacent to 555 12^th Street decided they wanted to create a temporary or permanent encampment of tents and cooking facilities on that site.  There would be no question that this would require a major process of review and approval including a change to the General Plan and zoning regulations and the granting of a Conditional Use Permit.

The General Plan and the Zoning Code designates Frank H. Ogawa Plaza as Open Space Special Use (Zoning Code S.17.11).  Neither the City Council nor the Mayor can arbitrarily change the permitted use of this space and yet that is exactly what the proposed Resolution and the City staff’s explicit approval of the Encampment would do.  The Oakland Planning Code has very specific provisions for a change in use in any area designated as Open Space under the General Plan.  The specific procedures are described on Attachment A.  They include notices to the surrounding neighborhood – which in this case would include the office and retail users in the immediate downtown area who have suffered very real losses because of the Encampment – and hearings before and action by the Planning Commission and the Parks and Recreation Advisory Commission.  In addition, most of the uses related to the Encampment – including residential use, child care, and serving of food – would require a major or minor conditional use permit.  None of these procedures have been followed by the City.

Since the decision to approve any of these changes in use to accommodate semi-permanent or permanent residential use and the other activities related to the Encampment would be discretionary and are not consistent with existing uses, the California Environmental Quality Act would require an initial assessment of the activities and almost certainly would then require a full Environmental Review considering the impact of the Encampment on the surrounding business uses as well as the historic characteristics of City Hall and the surrounding buildings and the historic and environmental importance of the Jack London Oak tree at the corner of 14^th and Broadway.

Again, it is important to emphasize that none of these requirements apply to the exercise of the rights of assembly and free speech in Frank H. Ogawa Plaza during the day – they may or may not be subject to other requirements.  But these requirements absolutely do apply to the clear change of use represented by the tents, other structures and cooking facilities that comprise the Encampment.  If the City Council and or the Mayor and City staff desire to allow the Encampment to remain, they need to follow the law.  Until they do, they need to make reasonable arrangements to end this change of use just as they would for any such change of use in violation of the General Plan established on private property.

Sincerely,
Joseph J. Haraburda

President/CEO

Oakland Metropolitan Chamber of Commerce

Attachment A

17.135.030   Procedure for consideration.

No change in use or improvement, as defined in Section 17.09.050, shall occur on land designated OS unless the following process has been followed:

A.      Pre-development Neighborhood Meeting. At the discretion of the Director of Parks, Recreation, and Cultural Affairs, a neighborhood meeting may be convened in the vicinity of the park or open space land affected by the proposed change in use or improvement. If such a meeting is held, notice shall be given by posting an enlarged notice on the premises of the park or open space land. At the discretion of the Director, the meeting notice may also be posted on utility poles within three hundred (300) feet of such park or open space land. Notices shall also be mailed to neighborhood organizations and individuals who have expressed an interest in the subject park or project area.

B.      Administrative Project Review. Once preliminary community feedback has been received and considered, the project sponsor shall submit a request to the Director of City Planning, including a project description and cost estimate. The Director shall coordinate preliminary review of the project with the project’s operating department and any other City department or agency likely to be interested or involved in the execution, operation, or maintenance of the project. These requirements shall include, but are not limited to, formal CEQA review of the proposed change in use or improvement. A written summary of comments shall be prepared prior to the scheduling of the public hearing.

C.      Public Hearing. A public hearing shall be required for any change in use or improvement and shall be conducted and heard by the City Planning Commission and/or the Parks and Recreation Advisory Commission, as provided by subdivisions 1 and 2 of this subsection.

1.       Major Conditional Use Permits.

Effective April 14, 2011

479a.  An application for a major conditional use permit, as required by Sections 17.11.060 and 17.11.090, shall be considered first by the Parks and Recreation Advisory Commission (PRAC) and second by the City Planning Commission. Each commission shall conduct a public hearing on the application. Notice of the PRAC hearing shall follow the procedure outlined at Section 17.135.030(C)(2). Notice of the City Planning Commission hearing shall be given by posting an enlarged notice on the premises of the subject property. At the discretion of the Director, notice of the public hearing may also be provided on utility poles within three hundred (300) feet of such park or open space land. Notice of each hearing shall also be given by mail or delivery to all persons owning real property in the city of Oakland within three hundred (300) feet of the property involved; provided, however, that failure to send notice to any such owner where his or her address is not shown in said records shall not invalidate the affected proceedings. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing. Notice shall also be provided to those community or neighborhood groups included in the Planning Department database that are within the service area radius of the impacted park. Additional outreach shall be provided through press releases and other notification as warranted by the size and location of the project.

b.       The PRAC shall schedule its public hearing within forty-five (45) days after receiving the application for consideration. The PRAC shall make a recommendation to the Planning Commission at the conclusion of the hearing. In the event the PRAC has not acted on the application within forty-five (45) days, the project shall automatically be forwarded to the City Planning Commission.

c.       The City Planning Commission shall determine whether the proposal conforms to the use permit criteria set forth in Section 17.11.110 and to other applicable criteria, and shall make a recommendation to grant or deny the application, or recommend such changes or impose such conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The determination of the Commission shall become final within ten calendar days after the date of the decision unless appealed to the City Council in accordance with Section 17.134.070.

2.       Minor Conditional Use Permits.

a.       An application for a minor conditional use permit, as required by Sections 17.11.060 and 17.11.090, shall be considered by the Parks and Recreation Advisory Commission prior to a final decision by the Director of City Planning. The Parks and Recreation Advisory Commission shall hold a noticed public hearing on the application and shall make a recommendation to grant or deny the application, or recommend such changes or conditions of approval as are in its judgment necessary. Notice of the public hearing shall be provided by posting an enlarged notice on the premises of the park or open space land. At the discretion of the Director, notice of the public hearing may also be provided on utility poles within three hundred (300) feet of such park or open space land. Notices shall also be mailed to neighborhood organizations and individuals who have expressed an interest in the subject park or project area.

b.       The Director of City Planning shall determine whether the proposal conforms to the special use permit criteria set forth in Section 17.11.110 and to other applicable criteria and shall grant, deny, or conditionally grant the permit. The determination of the Director of City Planning shall become final within ten calendar days after the date of the decision unless appealed to the City Planning Commission in accordance with Section 17.134.060. If no action is taken by the Director of City Planning within thirty (30) days of the Parks and Recreation Advisory Commission’s recommendation, the project shall be deemed approved.

D.      Appeals. Any interested party may appeal a decision of the Director of City Planning or a decision of the City Planning Commission in accordance with the provisions outlined in the conditional use permit procedure at Sections 17.134.060 and 17.134.070. In the event the last date of appeal falls on a weekend or holiday, the next date such offices are open for business shall be the last date of appeal. (Ord. 12237 § 4 (part), 2000; Ord. 12078 § 4 (part), 1998)

17.135.040   Referral to Landmarks Preservation Advisory Board.

Any project in the OS zone requiring a major or minor conditional use permit shall be subject to review by the Landmarks Preservation Advisory Board if that project is located:

Effective April 14, 2011

480

A.      Within the S-7 zone;

B.      On a site that could potentially impact a structure, site, or feature that is listed on the State or National Registers, or that has been formally designated as an Oakland landmark.

For projects requiring a minor conditional use permit, this review shall be made after the public hearing of the Parks and Recreation Advisory Commission and before the final decision of the Director of City Planning. For projects requiring a major conditional use permit, this review shall be made after the public hearing of the Parks and Recreation Advisory Commission and before the public hearing of the City Planning Commission. The Landmarks Preservation Advisory Board may recommend modifications to the project that it deems necessary to ensure that the historic value of the structure, site, or feature is not adversely impacted. If no action is taken by the Landmarks Preservation Advisory Board within thirty (30) days of its receipt of the application, the project will be forwarded to the Planning Commission (for major conditional use permits) or Director of City Planning (for minor conditional use permits). (Ord. 12078 § 4 (part), 1998)

17.135.050   Special requirements for projects consistent with Park Master Plans. A.    Projects in City-Owned Parks. Any improvement or change in use that is consistent with a Park

Master Plan that has been adopted by the Oakland City Council shall be subject to these provisions. However, in accordance with Section 17.11.060, such projects shall be subject to the Minor Conditional Use Permit process only, even where they involve facilities or activities that would otherwise require Major Conditional Use Permits. Projects shall be eligible for this provision only if the Master Plan in question has been adopted within ten years of the date of the application, or has been amended or updated with Council approval within ten years of the date of the application. The determination that a project is consistent with a Park Master Plan shall be made by the Director of City Planning.

The Chamber's Letter to Mayor Quan

1 November 2011

Dear Mayor Quan,

Oakland is, was, and always will be open for business. We stand with the leaders of Oakland’s small and large employers to urge your continued support for peaceful protest while respecting other’s rights to conduct business without fear of violence.

As you know, protestors have planned Wednesday as a General Strike. There is a fog of uncertainty surrounding this effort and our members, and the business community at large wants to support you and the city at this critical time. However, we do not yet see what it is you want from the business community.

At its most grassroots level, we are concerned for the mothers and children, and even grandmothers, who plan to come to Oakland to conduct their regular business – shopping, banking, doctor’s appointments, or visiting a museum. At its broadest level, we are concerned that our community’s employers, the ones who provide the jobs to our local economy, are closing for the day or must face a day of great uncertainty. Your lack of clarity is putting our shared future in Oakland at risk.

We want to be clear, should Wednesday’s planned protests go awry, someone will need to be held accountable.

We share your sentiment to find constructive ways to help grow Oakland. To that end, we respectfully request that you:

-          Be clear and concise in your requests to the police, to businesses, and to the protestors on your expectations tomorrow. We do not want to see a repeat of the violence, yet we want to see an end to the fear and uncertainty.

-          End overnight camping in Frank Ogawa Plaza. It remains a visible manifestation of your lack of clarity and leadership and places public safety at risk.

-          Immediately work with us to continue to drive support for Measures I and J as a meaningful way to raise much-needed revenues and provide public safety. Let’ s be clear, the business community has endorsed these measure, but your vacillation have put their passage in jeopardy

A united Oakland isn’t hard to visualize – it has already happened. Oaklanders from every part of the community recently gathered to make it clear to Lawrence Berkeley National Labs that locating in Oakland was a smart and sensible home for their second campus. We can have that again, but you must lead the way.

Sincerely,

Joseph J. Haraburda

President & CEO