Public Works and Transportation Committee
September 10, 2024
AGENDA REPORT
TO: Honorable Mayor & City Council FROM: Councilmember Carroll Fife Council District 3
SUBJECT:
Temporary Closure Of 23rd Street
Between West Street And Brush Street
DATE: August 29, 2024
RECOMMENDATION
Councilmember Fife Recommends That The City Council Adopts A Resolution Authorizing The City Administrator To Temporarily Close 23 rd Street Between West Street And Brush Street, For A Period Of Eighteen Months, Pursuant To California Vehicle Code Section 21101.4, To Mitigate Persistent Illegal Dumping Activity In The Area; And Making Appropriate California Environmental Quality Act Findings
EXECUTIVE SUMMARY
23rd Street betw een West Street and Brush Street has a persistent illegal dumping issue. The economic, environmental, and safety impacts associated with dumping in this area is significant and in particular, the large piles of garbage and waste, fires, and security concerns have made the day-to-day operations of businesses adjacent to this street increasingly difficult.
California Vehicle Code (“CVC”) section 21101.4, allows the Council, by resolution and after conducting a public hearing, to temporarily close a street under its jurisdiction that is not designated as a through highway or arterial street to address illegal activity, including illegal dumping.
Approval of the proposed resolution would help to mitigate illegal dumping on a portion of 23 rd Street by authorizing the City Administrator to temporarily close 23rd Street Between West Street and Brush Street for a period of 18 Months, pursuant to CVC Section 21101.4.
BACKGROUND / LEGISLATIVE HISTORY
California Vehicle Code (“CVC”) section 21101.4, allows the City Council, by resolution and after a public hearing , to adopt rules and regulations for temporarily closing a street under its jurisdiction when the Council, after a public hearing, finds that the following conditions exist:
• serious and continual criminal activity or serious and continual illegal dumping; Honorable Mayor & City Council
Subject: Temporary Closure Of 23rd Street
Between West Street And Brush Street
Date: August 29, 2024 Page 2
Public Works and Transportation Committee
September 10, 2024
• the highway is not designated as a through highway or arterial street and the temporary closure may be accomplished without significant impact on the normal flow of traffic; • vehicular and pedestrian traffic on the highway contributes to serious and continual criminal activity or illegal dumping;
• closure will not substantially adversely affect traffic flow, safety of adjacent street or surrounding neighborhoods, operation of emergency vehicles, performance of municipal or public utility services, delivery of freight in the area of the closed street; and • Streets closures can last no longer than 18 months but may be extended up to 8 additional consecutive periods via legislative action and after a public hearing.
In accordance with CVC section 21101.4, 23 rd Street between West Street and Brush Street is recommended for a temporary closure. As the map below demonstrates, this one block area is not an arterial street and a closure will not substantially, adversely affect the flow of traffic.
POLICY ANALYSIS
23rd Street between West Street and Brush Street has been plagued with persistent illegal dumping. As demonstrated in Fi gures 1 and 2 below, Oakland Department of Public Works (OPW) 311 data shows that between January 2023-July 2024 there have been 52 illegal dumping service request calls for 23 rd Street, between West Street and Brush Street and for the same time frame, there were 27 work orders performed.
Honorable Mayor & City Council
Subject: Temporary Closure Of 23rd Street
Between West Street And Brush Street
Date: August 29, 2024 Page 3
Public Works and Transportation Committee
September 10, 2024
Figure 1
Figure 2
Refer to Attachment A for details pertaining to the work order data in Figure 2.
In addition to the above figures, calls for service data provided by the Oakland Police Department (“OPD”) found that in the past 18 months there have been several serious incidents, including a priority 1 fire.
The City has committed significant resources and staff time to address the issues at the s tated location but the businesses on this street continue to experience large piles of garbage and waste, fires, and other safety concerns. It is imperative that the City take immediate action that w ill authorize the placement of physical barriers that would limit access on 23rd Street between West and Brush Streets to mitigate dumping and other illegal activities.
The Oakland Department of Transportation ( “OakDOT”) has determined that a temporary closure of the designated street would not substantially adversely affect the flow of traffic, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of commercial freight in the area. In addition, the adjacent businesses have agreed to cover the cost of installing fencing to close the street temporarily.
Honorable Mayor & City Council
Subject: Temporary Closure Of 23rd Street
Between West Street And Brush Street
Date: August 29, 2024 Page 4
Public Works and Transportation Committee
September 10, 2024
FISCAL IMPACT
This proposal has no fiscal impact. As mentioned above , the businesses located next to the proposed closure area will pay for the physical barriers needed to temporarily close a portion of 23rd Street.
PUBLIC OUTREACH / INTEREST
Pursuant to CVC 21101.4 (c), the City is required to mail written notice of the public hearing to all residents and owners, as shown on the last equalized assessment roll, of property adjacent to where the temporary closure or extension of closure is proposed. A notice of a public hearing to be held at the September 17, 2024 City Council meeting was mailed to the affected parties on August 28, 2024. Additionally, in advance of preparing this proposal, Councilmember Fife and members of the OakDOT team met with the businesses in the closure area.
COORDINATION
This legislation was drafted in collaboration with the Oakland Department of Transportation, Office of the City Attorney, and the Deputy City Administrator. Additionally, the Oakland Public Works Department and the Oakland Police Department were consulted and provided the data cited in this report.
SUSTAINABLE OPPORTUNITIES
Economic: By authorizing the closure of 23rd Street between West and Brush, the City will help mitigate persistent illegal dumping that has required significant and ongoing City staff time and resources.
Environmental: Illegal disposal of waste contaminates soil, waterways, harms wildlife, clogs storm drains, and more. The closure of the proposed area would help to curb illegal dumping and in turn limits the associated environmental impacts.
Equity: Keeping neighborhoods cleaner and safer will allow already struggling small businesses to focus their time and resources to remaining operational as opposed to dedicating their efforts to combating the effects of dumping.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 (existing facilities) and 15061(b)(3) (no significant effect on the environment).
Honorable Mayor & City Council
Subject: Temporary Closure Of 23rd Street
Between West Street And Brush Street
Date: August 29, 2024 Page 5
Public Works and Transportation Committee
September 10, 2024
ACTION REQUESTED OF THE CITY COUNCIL
Councilmember Fife recommends that the City Council adopt A Resolution Authorizing The City Administrator To Temporarily Close 23rd Street Between West Street And Brush Street, For A Period Of Eighteen Months, Pursuant To California Vehicle Code Section 21101.4, To Mitigate Persistent Illegal Dumping Activity In The Area; And Making Appropriate California Environmental Quality Act Findings
For questions regarding this report, please contact Rediat Bayeh, Policy Director for Councilmember Fife, at [email protected].
Respectfully submitted,
Councilmember Carroll Fife
District 3
Attachment A: Work Order Information For 23rd Street from January 2023- July 2024
Honorable Mayor & City Council
Subject: Temporary Closure Of 23rd Street
Between West Street And Brush Street
Date: August 29, 2024 Page 6
Public Works and Transportation Committee
September 10, 2024
Attachment A
Work Order Information For 23rd Street Between West and Brush from January 2023- July 2024