3339984v1 / JF
APPROVED AS TO FORM AND LEGALITY
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY MAYOR SHENG THAO AND
CITY ADMINISTRATOR JESTIN JOHNSON
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR, FOR A
PERIOD OF TWO YEARS, TO ENTER INTO ONE OR MORE
MEMORANDUMS OF UNDERSTANDING WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
TO RECEIVE ASSISTANCE IN OPERATIONS TO PERFORM
ENCAMPMENT RESOLUTION ACTIVITIES AT VARIOUS SITES
WITHIN THE CITY OF OAKLAND SUBJECT TO AND IN
COMPLIANCE WITH THE CITY OF OAKLAND’S ENCAMPMENT
MANAGEMENT POLICY
WHEREAS, the City acknowledges that it is facing a serious shelter cris is with thousands of residents living in unhoused or in substandard housing conditions; and
WHEREAS, the number of homeless persons in the City of Oakland continue s to increase, with the latest 2022 point-in-time count of 5,055 ind ividuals experiencing homelessness in Oakland, an increase of 984 individuals (+24%) from 2019, with the largest growth in people living in their RVs and cars; and
WHEREAS, this shelter crisis affects Oakland's citizens disproportiona tely with more African American, Latino and elderly individuals experiencing homelessness; and
WHEREAS, the current number of homeless individuals in Oakland far outp aces the number of existing shelter beds, transitional housing or perman ent supportive ho using units available; and
WHEREAS, unauthorized homeless encampments continue to proliferate acr oss Oakland, within the public right of way, thus exposing homeless individuals to traffic hazards, increased vulnerability to crime, risk of death and injury, exp osure to weather, lack of adequate sanitation and debris services and other conditions that are de trimental to their health and safety; and
2 WHEREAS, Oakland residents are being affected by the increasing number o f unsheltered individuals with reg ard to traffic and pedestrian s afety, lack of sanitation and debris services, and illicit discharges into stormwater systems; and
WHEREAS, the City does not have the resources to relocate all encampmen ts that present such health and safety threats; and
WHEREAS, the City has requested assistan ce from the State pursuant to S ection 131 of the Streets and Highways Code to assist in operations to perfor m encampment resolution activities at an encampment site located at Leet Drive at or ne ar the intersection of Hegenberger Road; and
WHEREAS, the State of California Departme nt of Transportation (Caltrans) has agreed to provide such assistance subject to the entry into a memorandum of understanding; and
WHEREAS, the City make seek assistance from Caltrans for other encampm ent sites within City boundaries; and
WHEREAS, Caltrans requires that the City and Caltrans enter into a memor andum of understanding (MOU) for each such encampment site in which Calt rans may provide such assistance; and
WHEREAS, the MOU will set forth the parties’ respective roles and respon sibilities prior to engaging in any encampment resolution activities at any site; and
WHEREAS, any such encampment resolution activities will be conducted in a manner consistent with the City’s Encampment Management Policy; and
WHEREAS, Section 604(l) of the City Charter requires Council approval fo r MOUs such as this, which contemplate joint governmental action; and
WHEREAS, the Council wishes to provide such authorization to the City Ad ministrator to enter into any memorandums of understanding with Caltrans fo r the purpose of receiving assistance in operations to perf orm encampment resolution activ ities at various sites within the City of Oakland subject to and in compliance with the City of O akland’s Encampment Management Policy; and
WHEREAS, the Council intends to provide this authorization for this purp ose for a period of two years, although the term of any specific memorand um of understanding may exceed this two-year period and performance under any memorandu m of understanding may be completed beyond this two-year period; now, therefore, be it
3 RESOLVED: That the City Administrator is authorized, for a period of tw o years, to negotiate and enter into memorandums of understanding with Calt rans in order to receive assistance in operations to perf orm encampment resolution activ ities at various sites within the City of Oakland subject to and in compliance with the City of O akland’s Encampment Management Policy; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to approve any subsequent amendments during the two-year period, provided that such amendments or extensions shall be consistent with the purposes of this Resolution; and be it
FURTHER RESOLVED: That the City Attorney shall review and approve said agreements or amendments as to form and legality, and copies of the executed agreements shall be placed on file with the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California