* Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council
City Council Chamber, 3rd Floor
Agenda — 49 items
- 1 PUBLIC PARTICIPATION The Public May Observe And/Or Participate In This Meeting Many Ways. OBSERVE: • To observe, the public may view the televised video conference by viewing KTOP channel 10 on Xfinity (Comcast) or ATT Channel 99 and locating City of Oakland KTOP - Channel 10 • To observe the meeting online from the City’s Agenda Meeting Calendar, at the noticed meeting time, please click on https://oakland.legistar.com/calendar.aspx and click on the “In Progress” link under “Video” for the corresponding meeting. • To observe the meeting by video conference, please click on this link: https://us02web.zoom.us/j/89857595264 at the noticed meeting time. • To listen to the meeting by phone, please call the numbers below at the noticed meeting time: Dial (for higher quality, dial a number based on your current location):US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) Meeting ID: 898 5759 5264 If asked for a participant ID or code, press #. PUBLIC COMMENT WILL BE TAKEN ON EACH ACTION ITEM. ALL MEMBERS OF THE PUBLIC WISHING TO SPEAK MUST FILL OUT A SPEAKER CARD FOR EACH ITEM. SPEAKERS' CARDS MUST BE RECEIVED BY THE CITY CLERK BEFORE THE ITEM IS READ INTO THE RECORD. COMMENTS ON ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM AT THE END OF THE MEETING. ELECTRONIC SPEAKER CARDS/PUBLIC COMMENTS: • eComment. To send your comment directly to Council members go to https://oakland.legistar.com/calendar.aspx and click on the “eComment” link for the corresponding meeting. Please note that eComment submission closes twenty-four (24) hours before meeting start time. • To Comment In Person Members Of The Public Must Submit A Separate Speaker Card For Each Item On The Agenda To The City Clerk Before The Item Is Called. • To Submit An Electronic Speaker Card, Members Of The Public Must (1) Visit The City Of Oakland Meeting Calendar Website At: https://oakland.legistar.com/Calendar.aspx (2) Click the hyperlink labeled ‘eComment’ in the far right column of the meeting you wish to participate, (You Will Be Redirected To The Specific Meeting Webpage); And (3) Register To ‘Sign In To Speak’ For Each Agenda Item(s) You Wish To Speak to. *To Be Recognized To Speak Via ZOOM, Speaker Cards Must Be Submitted and Received Before The City Clerk Reads the Item Into the Record. • Once You Have Submitted Your Speaker Card - Your Zoom Profile Name Will Be Acknowledged To Speak When Public Comment Is Taken.When your name is called please raise your hand in zoom (By Pressing “*9”) and Unmute Your Self By Pressing *6. You Will Be Permitted To Speak During Your Turn. Instructions On How To “Raise Your Hand” Is Available At: Https://Support.Zoom.Us/Hc/En-Us/Articles/205566129 - Raise-Hand-In-Webinar. Agenda Management Unit at cityclerk@oaklandca.gov - Office of the City Clerk
- 1 The Oakland Redevelopment Successor Agency and the City Council convened at 3:45 p.m., with Council President Fortunato Bas presiding as Chairperson. Under AB 2449, Councilmember Kaplan invoked a “just cause” as a basis for participating remotely.
- 2 DEFINITION OF TERMS: • Action Item: shall mean any resolution, ordinance, public hearing, motion or recommendation requiring official vote and approval of the City Council to be effective. • Informational Item: shall mean an agenda item consisting only of an informational report that does not require or permit Council action. • Consent Item shall mean, for the purposes of the City Council agenda: 1) approval of Council minutes, and 2) any action or informational item placed on a Council agenda for a Regular Meeting or Special Meeting (i) as a Consent Item by the Rules and Legislation Committee, (ii) pursuant to Rule 28, or (iii) that a Standing Committee has forwarded to the full Council with unanimous recommendation for approval by the members who are present: Consent Item shall not include: 1) any item having a high level of public interest or controversy as determined by the Standing Committee Chair, or the Rules and Legislation Committee, or pursuant to Rule 28; 2) any item that requires a public hearing or that otherwise is ineligible by law as a Consent Item. • Non-Consent Item shall mean, for the purposes of a City Council agenda for a Regular Meeting or Special Meeting, any action or informational item that: 1) a Standing Committee has forwarded to the full Council without unanimous recommendation for approval; 2) has a high level of public interest or controversy as determined by a Standing Committee Chair, the Rules and Legislation Committee, or pursuant to Rule 28; or 3) requires a public hearing or is otherwise ineligible by law as a Consent Item.
- 3 Pursuant to California Government Code § 54953: Mayor Thao Will Participate By Teleconference at: Capital Hilton, 1001 16th St NW, Washington, DC 20036 (Business Center) Pursuant to the Brown Act (Government Code section 54953), the agenda must be posted at the teleconference location, the teleconference location must be accessible to the public and members of the public must have the ability to observe the meeting and to comment on agenda items
- 1 Call To Order
- 2 ROLL CALL / CITY COUNCIL
- 3 ACTIONS ON SPECIAL ORDERS / PRESENTATIONS OF THE DAY ("Ceremonial Items") Ceremonial presentations, including proclamations, individual recognitions, etc.; and Reports Or presentations from The Mayor, other public officials, or special guests.
- 3.1 Subject: Recognizing January 2024 As National Slavery And Human Trafficking Prevention Month From: Councilmember Reid Recommendation: Adopt A Resolution Recognizing January 2024 As National Slavery And Human Trafficking Prevention Month In The City Of Oakland
- S3.2 Subject: Resolution Honoring The Life Of Eddie Rudolph Dillard From: Councilmember Fife Recommendation: Adopt A Resolution Honoring And Celebrating The Life, Legacy, And Invaluable Contributions Of Eddie Rudolph Dillard
- 8 Councilmember Fife made a scheduling motion, seconded by Councilmember Kaplan. The motion passed with 8 Ayes: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid and Fortunato Bas A Resolution To Support And Strengthen The Black Arts Movement And Business District Was Scheduled to The February 27, 2024 Community And Economic Development Committee Agenda.
- 4 MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS (Requests With A Motion And Second To: Pull An Item From The Consent Calendar And Reschedule As Non-Consent Item, Change The Order Of Items On The Non-Consent Calendar,Reschedule Items From Consent To Non-Consent To The Next Council Agenda, Request For Reconsiderations, Pull Items Held In Committee, Deletion Or Deferral Of Items):
- 9 Subject: A Resolution To Support And Strengthen The Black Arts Movement And Business District From: Councilmember Fife And Councilmember Kaplan Recommendation: [TITLE CHANGE] [NEW TITLE] Adopt A Resolution To Support And Strengthen The Black Arts Movement And Business District (BAMBD), Including Directing The City Administrator To: (1) Implement A Series Of Public Streetscape Upgrades, Including BAMBD Branded Public Banners, Along Oakland's Fourteenth Street Corridor To Honor, Celebrate, And Increase Public Awareness Of Important Black Cultural, Sports, Arts, And Historical People And Institutions, And To Help Demarcate And Uplift The Corridor As The Black Arts Movement And Business District; (2) Identify, Pursue, And Use Available Funds, To Support Arts, Music, Comedy, Movement And Cultural Institutions In The BAMBD, Including Cornerstone Legacy African American Institutions Such As Geoffrey's Inner Circle; (3) Facilitate A Process For Ongoing Revenue Generation For Tenant Support, Facade Improvement, Place-Making, Space Activation, Accessibility, And Safety Improvements Within The BAMBD; And (3) Work With The Appropriate City Departments To Adopt Policies And Plans, Including Land Use Regulations, To Ensure The Long-Term Vitality Of The BAMBD [OLD TITLE] Adopt A Resolution To Support And Strengthen The Black Arts Movement And Business District, Including Directing The City Administrator To: (1) Implement A Series Of Public Streetscape Improvements, Including Public Banners, Along Oakland's Fourteenth Street Corridor, To Honor, Uplift, Commemorate, And Increase Public Awareness Of, Important Black Cultural, Sports, Arts, And Historical People And Institutions, And To Help Identify And Uplift The Corridor Being Known And Recognized As The Black Arts Movement And Business District; (2) Use Available Funds Including Available Art Funds And To Pursue Grants And Other Funding Sources To Support Arts, Music, Comedy, And Cultural Institutions In The District; Including The Preservation And Financial Support To Ensure Ongoing Viability Of Its Historic, Cornerstone African American Institutions, Including Geoffrey's Inner Circle; And To Make Resources Available To Businesses Such As Tenant Improvement, Facade Improvement, Place-Making, Space Activation, Accessibility, Etc. In The District; And (3) Work With The Planning And Building Department And Economic And Workforce Development Department To Adopt Policies And Plans To Further Strengthen The District And Ensure Long-Term Vitality, Support, And Prevent Conflicts, For Arts And Cultural Institutions And Activities In The District; On The March 12, 2024 Community & Economic Development Committee Agenda
- 5 CONSENT CALENDAR (CC) ITEMS:
- 5.1 Approval Of The Draft Minutes From The Meeting Of December 19, 2023
- 11 Approval of the Consent Agenda
- 5.2 Subject: Declaration Of A Local Emergency Due To AIDS Epidemic From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis With Regard To The Human Immunodeficiency Virus ("HIV")/Acquired Immunodeficiency Syndrome ("AIDS") Epidemic
- 5.3 Subject: Declaration Of Medical Cannabis Health Emergency From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A Local Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In The City Of Oakland
- 5.4 Subject: Declaration Of A Local Emergency On Homelessness From: Councilmember Kaplan Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of The City’s Homelessness Crisis
- 5.5 Subject: Updates To The Conflict Of Interest Code From: Office Of The City Clerk Recommendation: Adopt An Ordinance Amending And Reenacting The City Of Oakland’s Conflict Of Interest Code (Ordinance No. 11562 C.M.S. Adopted March 23, 1993, As Last Amended By Ordinance No. 13522 C.M.S. Adopted February 26, 2019, Codified As Oakland Municipal Code Chapter 3.16) To Update The Designation Of Positions Covered By The Code
- 5.6 Subject: Keeping Kids Close To Home Act And Clean-Up Planning Code Amendments From: Planning And Building Department Recommendation: Adopt An Ordinance (1) Amending Chapter 17.10 Of The Oakland Planning Code, As Recommended By The Planning Commission, To Revise The Definitions For Permanent Residential And Semi-Transient Residential Activity Types; (2) Amending The Planning Code, As Recommended By The Planning Commission, To Incorporate Various Clean-Up Items Related To The General Plan Update Phase I Planning Code Amendment Package; (3) Amending The Existing Exemption From Business Taxes For Family Daycares Under Section 5.04.263 Of The Oakland Municipal Code To Conform With The Keeping Kids Close To Home Act (Senate Bill 234); And (4) Making Related California Environmental Quality Act Findings
- 5.7 Subject: Commending And Honoring Mary Mayberry From: Councilmember Fife And Department Of Workplace And Employment Standards Recommendation: Adopt A Resolution Commending And Honoring Mary Mayo Mayberry For 25 Years Of Exemplary Service To The City Of Oakland And Congratulating Her Upon Her Well-Deserved Retirement
- 18 ITEM 5.8 REGARDING A RESOLUTION HONORING THE LIFE OF EDDIE RUDOLPH DILLARD WAS MOVED TO CEREMONIAL ITEMS AND IS NOW ITEM S3.2
- 5.9 Subject: Appointments To The Bicyclist And Pedestrian Advisory Commission From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor’s Reappointment Of David Ralston And Appointment Of Enjoleah Daye And Cynthia Herrera As Members Of The Bicyclist And Pedestrian Advisory Commission
- 5.10 Subject: Appointment To The Community Policing Advisory Board From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor’s Appointment Of Samuel Dawit As A Member Of The Community Policing Advisory Board
- 5.11 Subject: Appointment To The Sugar-Sweetened Beverage Distribution Tax Community Advisory Board From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor’s Appointment Of Lesley Latham As A Member Of The Sugar-Sweetened Beverage Distribution Tax Community Advisory Board
- S5.12 Subject: Major Encroachment Permit At 532 16th Street From: Department Of Transportation Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit ENMJ23056 To Adcock Joyner Preservation, LP, To Allow Portions Of Basement And Sidewalk Vaults To Encroach Into The Public Right-Of-Way Along 16th Street And San Pablo Avenue, Adjacent To 532 16th Street, And Adopting Appropriate California Environmental Quality Act Findings
- S5.13 Subject: Acceptance Of Portable Air Filters From The Bay Area Air Quality Management District (BAAQMD) From: Office Of The City Administrator Recommendation: Adopt A Resolution Accepting Air Filtration Equipment Valued In An Amount Not To Exceed $125,000 From The Bay Area Air Quality Management District (BAAQMD) To Provide Respite From Wildfire Smoke; And Accepting Additional Equipment And Funding That Becomes Available From BAAQMD Through December 31, 2027 In An Amount Not To Exceed $625,000; And Authorizing The City Administrator To Execute An Agreement With BAAQMD To Receive Said Equipment And Funding
- S5.14 Subject: Amendments To Sound Amplification Equipment Ordinance From: Office Of The City Administrator And Councilmember Reid Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 12.56 (Sound Amplification Equipment) To Allow The City Of Oakland To Issue Up To Ten Permits Per Calendar Year For Amplified Sound Until Eleven O’clock (11:00) P.M. In The Oakland Coliseum For A Three-Year Pilot Period (2024-2026); And Adopting Appropriate California Environmental Quality Act Findings
- S5.15 Subject: Accept And Appropriate Funding For Low-Income Home Electrification Consistent With The Equitable Climate Action Plan From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Funding For Low-Income Residential Electrification Projects And Related Activities Totaling $99,974.48 From The International Council For Local Environmental Initiatives (ICLEI) And Habitat For Humanity East Bay Silicon Valley To Further The City’s Climate, Electrification, And Resilience Goals; And Making Appropriate California Environmental Quality Act Findings
- S5.16 Subject: 2023-2025 BSCC Officer Wellness And Mental Health Grant From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate The Fiscal Years 2023-2025 Board Of State And Community Corrections Officer Wellness And Mental Health Grant Program Funds In The Amount Of Four Hundred Eighty-Three Thousand Thirty-Two Dollars And Eighty-Seven Cents ($483,032.87) To Enhance Mental Health And Overall Wellness Of Oakland Police Officers
- S5.17 Subject: Lynne McDonald, Et Al. V. City Of Oakland, Et Al. From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Lynne McDonald And David Barr V. City Of Oakland, Contra Costa County, And Does 1 Through 50, Alameda County Superior Court Case No. RG18931020, City Attorney File No. 32944, In The Amount Of Six Million Five Hundred Thousand Dollars And Zero Cents ($6,500,000.00) (Department Of Transportation - Dangerous Condition Of Public Property)
- 28 ACTION ON THE NON-CONSENT CALENDAR PORTION OF THE AGENDA WILL COMMENCE AT 5:00 P.M., OR AS SOON THEREAFTER AS REASONABLY PRACTICABLE:
- 6 CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
- 6.1 Subject: Appeal Of PLN20125 Residential Project At 1431 Franklin Street From: Planning And Building Department Recommendation: Conduct A Public Hearing, And Upon Conclusion, Adopt One Of The Following Three Options: 1) A Resolution Denying The Appeal By Geoffrey Pete And Uphold The Planning Commission’s Environmental Determination And Approval Of Two Major Conditional Use Permits And Regular Design Review For The Construction Of A 40-Story Residential Tower With 381 Dwelling Units And An Above Grade Parking Garage At 1431 Franklin Street, Oakland, CA (Project Case No. PLN20125); Or Provided The City Council Can Make The Appropriate Findings, Either
- 31 2) A Motion To Direct Staff To Prepare A Resolution For Future City Council Consideration To Deny The Appeal With Additional Conditions; Or
- 32 3) A Motion To Direct The City Administrator Or Designee To Prepare A Resolution For Future City Council Consideration To Uphold The Appeal
- 33 ITEM 6.2 REGARDING THE 2022/23 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT WAS WITHDRAWN FROM THIS AGENDA AND RESCHEDULED TO THE FEBRUARY 13, 2023 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA AND ON THE FEBRUARY 20, 2024 CITY COUNCIL AGENDA AS A PUBLIC HEARING
- S6.3 Subject: Vacate A Portion Of Sewer Easement At 2359 Harrison Street From: Transportation Department Recommendation: Adopt A Resolution Vacating A Portion Of The Public Sewer Easement At 2359 Harrison Street To The Property Owner, NASH - Holland 24th And Waverly Investors, LLC, And Adopting Appropriate California Environmental Quality Act Findings
- 35 ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
- 7.1 Subject: OPD Biannual Staffing Report From: Oakland Police Department Recommendation: Receive An Informational Report Of The Oakland Police Department’s 2023 Biannual Staffing Levels As of September 30, 2023
- 7.2 Subject: Informational Report Pursuant To Resolution No. 89906 From: Office Of The City Administrator Recommendation: Receive An Informational Report In Response To Resolution No. 89906 On Prioritizing Public Safety
- 38 COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
- 38 Subject: Implementation Of Cease-Fire Recommendations From: Office Of The City Administrator Recommendation: Receive An Informational Report On The Implementation Of Cease-Fire Recommendations
- 39 OPEN FORUM
- 39 Subject: 2024 Update On Prioritizing Public Safety From: Office Of The City Administrator Recommendation: Receive An Informational Report On The 2024 Update Regarding Prioritizing Public Safety In The City Of Oakland
- 40 ADJOURNMENT OF COUNCIL SESSION (Meeting Shall Conclude No Later Than 9:30 P.M., Except That The Council May Extend The Time For The Meeting In One-Hour Increments By An Affirmative Vote Of 5 Councilmembers Up To 11:30 P.M. And By An Affirmative Vote Of 6 Councilmembers Beyond 11:30 P.M.
- 41 Americans With Disabilities Act If you need special assistance, including translation services to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 5 days prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-6406 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Relay Service: 711
- 42 THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS.
- 43 MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM 8:30 A.M. TO 5:00 P.M.