Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza,
Room 201
Oakland, California 94612
City of Oakland
Meeting Minutes - FINAL
* Concurrent Meeting of the Oakland
Redevelopment Successor Agency
and the City Council
1:30 PM Virtual Tele- Conference Via ZoomTuesday, January 17, 2023 Please See The Agenda To Participate In The Meeting
The Oakland Development Successor Agency/City Council convened at 1:32 p.m, with Council President Fortunato Bas presiding as Chairperson.
ROLL CALL / CITY COUNCIL
Carroll Fife, Noel Gallo, Dan Kalb, Rebecca Kaplan, Janani Ramachandran, Treva Reid, Nikki Fortunato Bas, and Kevin Jenkins
Present 8 -
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor, Council Acknowledgements/Announcements):
MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS
(Requests To: Reschedule Items From Consent To Non-Consent To The Next Council Agenda, Speak On Consent Calendar, Register Votes, Change Order Of Items, Reconsiderations, Pull Items Held In Committee):
A Motion Was Made By Councilmember Ramachandran, Seconded By Council President Bas To Move Item #2.9. 'OPD Policies For I-27 And I-28' To The Non-Consent Calendar
The Non-Consent Calendar Was Modified To Hear Items In The Following Order:
#6. 'East 12 Street Remainder";
#S9.'OPD Department Policies';
#7. 'OPD's AB 481 And OMC Chapter 9.6';
#2.9. "OPD Policies For I-27 And I-28';
#8. 'OPD Settlement Agreement'; and
#S10. 'Ratification Of Local Emergency'
1 PUBLIC COMMENT: COMMENTS ON ALL ITEMS WILL BE TAKEN AT THIS TIME. COMMENTS
FOR ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM The call of the queue opened at 2:15 p.m. and closed at 2:30 p.m. 28 individuals spoke during Public Comment
2 CONSENT CALENDAR (CC) ITEMS:
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
Approval of the Consent Agenda
A motion was made by Gallo, seconded by Fife, to approve the Consent Agenda.
The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
2.1 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
22-1016
View Legislation
View Supplemental Legislation - 1/13/2023
89548 CMS
Attachments:
This City Resolution was Adopted.
2.2 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
22-1017
View Legislation
View Supplemental Legislation - 1/13/2023
89549 CMS
Attachments:
This City Resolution was Adopted.
2.3 Subject: Declaration Of A Local Emergency On Homelessness From: Vice Mayor 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
22-1018
View Legislation
View Supplemental Legislation - 1/13/2023
89550 CMS
Attachments:
This City Resolution was Adopted.
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.4 Subject: Teleconference Meetings Of The City Council From: Office Of The City Administrator
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Determination That Conducting In-Person Meetings Of The City Council And Its Committees Would Present Imminent Risks To Attendees’ Health, And Electing To Continue Conducting Meetings Using Teleconferencing In Accordance With California Government Code Section 54953(E), A Provision Of AB-361 22-1019
View Legislation
View Supplemental Legislation - 1/13/2023
89551 CMS
Attachments:
This City Resolution was Adopted.
2.5 Subject: Resolution Honoring Karen Boyd
From: Councilmember Reid
Recommendation: Adopt A Resolution Honoring Karen Boyd For Over 26 Years Of Exemplary Service And Congratulating Her On A Well-Deserved Retirement From The City Of Oakland
22-1006
Sponsors: Reid
View LegislationAttachments:
This City Resolution was Adopted.
2.6 Subject: Aircraft Rescue Fire Fighting Services At The Oakland International Airport From: Oakland Fire Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend The Memorandum Of Understanding Regarding Fire Protection And Aircraft Rescue Firefighting Services (ARFF) Between The City Of Oakland And The Port Of Oakland, To Extend The Term For Twelve Months To Allow The Oakland Fire Department To Continue To Provide Such Services At The Oakland International Airport 22-0997
View Report
View Legislation
89553 CMS
Attachments:
This City Resolution was Adopted.
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.7 Subject: Major Encroachment Permit At 581 5th Street From: Department Of Transportation
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit To Resneck Ventures, LLC, To Allow Portions Of Three Outward Swinging Doors And Building Elements To Encroach Into The Public Right Of Way Adjacent To 581 5th Street, Major Encroachment Permit ENMJ22052; And Adopting Appropriate California Environmental Quality Act Findings 22-0999
View Report
View Legislation
View Exhibit B
89554 CMS
Attachments:
This City Resolution was Adopted.
2.8 Subject: Wildfire Sensors Pilot Program
From: Oakland Fire Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into An Agreement With The U.S. Department Of Homeland Security To Allow The Oakland Fire Department To Participate In A Twenty-Four Month Pilot Program To Utilize Air Quality Sensor-Based Real-Time Wildfire Monitoring System Technology (“Wildfire Sensors”) In Oakland’s High Fire Hazard Severity Zone 22-1002
View Report
View Legislation
View Attachment A
89555 CMS
Attachments:
This City Resolution was Adopted.
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.10 Subject: Longfellow Corner Disposition & Development Agreement (DDA) Authorization And Conveyance Of City-Owned Property
From: Housing & Community Development Department
Recommendation: Adopt An Ordinance (A) Authorizing The City Administrator To Negotiate And Execute A Disposition And Development Agreement With Longfellow Corner, L.P. (“Developer”) For The Development Of An Affordable Housing Project On City Property Located At 3823-3829 Martin Luther King Jr. Way And Adjacent Developer-Owned Property Located At 3801-3807; (B) Approving The Proposed Conveyance Of The City-Owned Property To Developer For $99; And (C) Adopting Findings Under The California Environmental Quality Act 22-0980
Sponsors: Housing And Community Development Department
View Report And Attachment
View Legislation
13721 CMS
Attachments:
This Ordinance was Approved for Final Passage.
2.11 Subject: Modernizing Commercial Loading
From: Transportation Department
Recommendation: Adopt An Ordinance Amending Ordinance No. 13654 C.M.S (Which Adopted The Fiscal Year 2022-23 Master Fee Schedule), As Amended, To Establish Fees For Commercial Vehicle Loading Zone Permits And Adopting Appropriate California Environmental Quality Act Findings 22-0770
View Report
View Legislation
View Exhibit A 12/8/20222
View Supplemental Notice and Digest - 1/11/2023
13722 CMS
Attachments:
This Ordinance was Approved for Final Passage.
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.12 Subject: League Of California Cities New Mayors And Council Members Academy Form: Councilmember Fortunato Bas
Recommendation: Adopt A Resolution Authorizing Reimbursement For Necessary Costs Not To Exceed $1,400 Each From The Council Contingency Fund For Council Members Carroll Fife And Treva Reid To Travel To Sacramento For Attendance At The League Of California Cities New Mayors And Council Members Academy From January 18, 2023 Through January 20, 2023
23-0005
View Legislation
89556 CMS
Attachments:
This City Resolution was Adopted.
2.13 Subject: Lead Abatement JPA Appointment
From: Councilmember Fortunato Bas
Recommendation: Adopt A Resolution Re-Appointing Councilmember Noel Gallo To The Board Of Director Of The Alameda County Lead Poisoning Prevention Program Joint Powers Authority And Director William Gilchrist As The Official Alternate For Councilmember Gallo For Terms Commencing January 1, 2023 And Ending December 31, 2024
23-0006
View Legislation
View Supplemental Legislation - 1/12/2023
89557 CMS
Attachments:
This City Resolution was Adopted.
2.14 Subject: Appointments For The Oakland-Alameda County Coliseum Authority Board Form: Councilmember Fortunato Bas
Recommendation: Adopt A Resolution Appointing Members To The Oakland-Alameda County Coliseum Authority Board Of Commissioners As Follows-Appointing Councilmember Kevin Jenkins For The Term Beginning January 15th, 2023, And Ending January 14th, 2025, To The Seat Previously Held By Councilmember Treva Reid And Reappointing Councilmember Rebeca Kaplan For The Term Beginning January 15th, 2023, And Ending January 14th, 2025
[TITLE CHANGE]
23-0007
View Legislation
View Supplemental Legislation - 1/12/2023
89558 CMS
Attachments:
This City Resolution was Adopted.
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
3 CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
4 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS 5 Approval Of The Draft Minutes From The December 20, 2022, City Council Meeting 22-1020
View ReportAttachments:
A motion was made by Noel Gallo, seconded by Treva Reid, that this matter be Approved. The motion carried by the following vote:
Abstained: Ramachandran, and Jenkins2 -
Aye: Fife, Gallo, Kalb, Kaplan, Reid, and Fortunato Bas6 - NO VOTE: 0
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
6 Subject: East 12th Street Remainder Parcel 1 LDDA & Ground Lease From: Economic And Workforce Development Department
Recommendation: Adopt An Ordinance: (1) Authorizing The City Administrator To Negotiate And Execute A Lease Disposition And Development Agreement Between The City Of Oakland (“City”) And East 12th Street Housing, Lp (“Developer”), For Development Of 91 Units Of Affordable Housing On A Portion Of The 12th Street Remainder (“Parcel 1”), Located At East 12th Street And 2nd Avenue, With A Term Of Two Years With A One-Year Extension; (2) Authorizing The City Administrator To Negotiate And Execute A 99-Year Ground Lease Between The City And Developer With $1 Per Year Base Rent Plus Rent Based On The Appraised $4,000,000 Fair Market Value Of Parcel 1; (3) Making A Surplus Land Act Exemption Determination; And (4) Adopting California Environmental Quality Act Findings 22-1004
Sponsors: Economic & Workforce Development Department
View Report
View Attachment A
View Attachment B
View Legislation
13724 CMS
Attachments:
A motion was made by Nikki Fortunato Bas, seconded by Rebecca Kaplan, that this matter be Approved On Introduction and Scheduled for Final Passage to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council, to be heard 2/7/2023. The motion carried by the following vote:
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
S9 Subject: Directing The Oakland Police Commission To Propose Changes To Oakland Police Department Policies
From: Council President Fortunato Bas
Recommendation: Adopt A Resolution Directing The Oakland Police Commission To Propose Changes To The Following Oakland Police Department Policies: (1) Departmental General Order K-7 On Military Equipment Funding, Acquisition, And Use Policy; (2) Departmental General Order K-6 On Department Rifles; (3) Departmental General Order I-26 On Robots (Remote Controlled Ground Systems) For Submission To The City Council Pursuant To Section 604(B)(4) Of The Oakland City Charter
23-0021
View Report
View Legislation
89559 CMS
Attachments:
Council President Fortunato Bas made a motion, seconded by Councilmember Kaplan to approve the urgency finding on item S9 (23-0021) for the following reasons: That there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action (1) is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting; and (2) relates to state legislation.
The Motion passed by 8 Ayes: Fife,Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and Fortunato Bas
A motion was made Council President Fortunato Bas, seconded by Councilmember Fife to adopt the resolution as amended. The motion passed with a vote of 8 Ayes. The Resolution was approved with the following amendments:
medically compromised, people with physical, mental or intellectual disabilities, people with limited English proficiency, or other vulnerable people”, which variable “should be given special consideration due to the potential for trauma”; and that prohibits deployment of armored vehicles for “Recruitment, public relations, or promotional activities; Crowd control; or Routine patrol operations”; and
A motion was made by Nikki Fortunato Bas, seconded by Carroll Fife, that this matter be Adopted as Amended. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
7 Subject: Approve OPD's Policies In Accordance With California Government Code § 7070 Et Seq. (AKA“AB 481”) And OMC Chapter 9.6
From: Oakland Police Department
Recommendation: Adopt An Ordinance Approving Controlled Equipment Use Policies For The Oakland Police Department To Acquire And Use The Following Types Of “Militarized” Equipment In Conformance With Government Code Section 7070 And Oakland Municipal Code Chapter 9.65: (1) Departmental Rifles; (2) Chemical Agents; (3) Unmanned Aerial Systems; (4) Noise-Flash Diversion Devices (Flash Bangs); (5) Riot Helmets; (6) Specialty Impact Munitions; (7) Armored Vehicles; (8) Chemical Agents; And (9) Remote Controlled Ground Systems (Robots) And Pole Cameras 22-0776
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
View Report
View Attachment A - DGO K-7 Military Equipment Policy
View Attachment B - DGO K-06 Rifles
View Attachment C - Patrol Rifle Impact Report
View Attachment D - TB III-H Specialty Impact Munitions View Attachment E - SIM Impact Report
View Attachment F - TB III-P.04 - Armored Vehicles Mil Equip View Attachment G - Armored Vehicles Impact Report
View Attachment H - TB III-G 16 Crowd control
View Attachment I - Riot Helmets Impact Report
View Attachment J - TB V-F.02 Chemical Agents 2022
View Attachment K - Chem Agent Impact Report
View Attachment L - DGO I25_Unmanned aerial systems
View Attachment M - UAS Drone Controlled Equipment Impact Report
View Attachment N - DGO I26 Robots
View Attachment O - Robots and Pole Cameras Controlled
Equipment Impact Report
View Attachment P - TB III-P.05 - Noise Flash Diversion Devices View Attachment Q - Flash Bang Impact Report
View Legislation
View Exhibit A - DGO K-7 Military Equipment Policy
View Exhibit B - DGO K-06 Rifles
View Exhibit C - TB III-H Specialty Impact Munitions
View Exhibit D - TB III-P.04 - Armored Vehicles Mil Equip View Exhibit E - TB III-G 16 Crowd control
View Exhibit F - TB V-F.02 Chemical Agents
View Exhibit G - DGO I25_Unmanned aerial systems
View Exhibit H - TB III-P.05 - Noise Flash Diversion Devices View Exhibit I - DGO I26 Robots
View Revised Legislation 12/1/2022
View Supplemental Report 12/1/2022
View Amended Legislation 1/26/2023
Attachments:
A motion was made Council President Fortunato Bas, seconded by Councilmember Gallo to approve the ordinance as amended on introduction. The Motion passed with a vote of 8 Ayes. The Ordinance was approved and scheduled for Final Passage on February 7, 2023, with the following amendments:
Of the Legislation, from the Title striking, DEPARTMENTAL RIFLES; CHEMICAL AGENTS; SPECIALTY IMPACT MUNITIONS; and REMOTE CONTROLLED
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
GROUND SYSTEMS (ROBOTS) AND POLE CAMERAS
On Page 3, of SECTION 2. striking, Department General Order K-7: Military Equipment Funding, Acquisition and Use Policy (Exhibit A); Department General Order K-6: Department Rifles (Exhibit B); Training Bulletin III-H: Specialty Impact Munitions (Exhibit C); Training Bulletin V-F.2: Chemical agents (Exhibit F);
On Page 3, striking SECTION 3.
A motion was made by Nikki Fortunato Bas, seconded by Noel Gallo, that this matter be Approved As Amended On Introduction and Scheduled for Final Passage to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council, to be heard 2/7/2023. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
2.9 Subject: OPD Policies For I-27 (LRAD) And I-28 (Mobile Command Centers) From: Oakland Police Department
Recommendation: Adopt An Ordinance Approving Controlled Equipment Use Policies For The Oakland Police Department To Acquire And Use The Following Types Of “Militarized” Equipment In Conformance With Government Code Section 7070 And Oakland Municipal Code Chapter 9.65: (1) The Long Range Acoustic Device; And (2) Mobile Command Centers
[TITLE CHANGE]
22-0885
View Agenda Report
View Attachment A
View Attachment B
View Legislation
View Exhibit A
View Exhibit B
13723 CMS
Attachments:
A motion was made by Councilmember Gallo, seconded by Councilmember Ramachandran to approve the ordinance for Final Passage. The motion passed with a vote of 8 Ayes
A motion was made by Noel Gallo, seconded by Janani Ramachandran, that this matter be Approved for Final Passage. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
8 Subject: Oakland Police Department Negotiated Settlement Agreement Status Update
From: Oakland Police Department
Recommendation: Receive An Informational Report From Oakland Police Department (OPD) On OPD’s Progress Toward Compliance With The Negotiated Settlement Agreement (NSA) In The Case Of Delphine Allen, Et Al., V. City Of Oakland, Et Al. 22-0838
View Report
View Attachment A
View Supplemental Report - 1/4/2023
Attachments:
A motion was made by Noel Gallo, seconded by Kevin Jenkins, that this matter be Received and Filed. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
S10 Subject: Ratification Of Local Emergency
From: Office Of The City Administrator
Recommendation: Adopt A Resolution Confirming And Ratifying The Existence Of A Local Emergency Within The Territorial Limits Of The City Of Oakland Proclaimed By The City Administrator On January 11, 2023 Pursuant To Oakland Municipal Code Chapter 8.50 And Government Code Section 8630 Due To Flooding, Wind Damage, And Other Health And Safety Impacts Caused By Torrential Rainstorms 23-0023
View Legislation
89560 CMS
Attachments:
Councilmember Kaplan made a motion, seconded by Councilmember Gallo to approve the urgency finding on item S9 (23-0023) for the following reasons: That there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action (1) is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting; and (2) relates to state legislation.
The Motion passed by a vote of 8 Ayes: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and Fortunato Bas
A motion was made Councilmember Kaplan, seconded by Councilmember Gallo to approve the resolution. The Motion passed with a vote of 8 Ayes.
A motion was made by Rebecca Kaplan, seconded by Noel Gallo, that this matter be Adopted. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
January 17, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
OPEN FORUM / CITIZEN COMMENTS
The call of the queue opened at 6:06 p.m. and closed at 6:11 p.m. 12 individuals spoke during Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 6:30 P.M., Unless Extended By Majority Vote Of The Council)
There being no further business, the Council adjourned the meeting in memory of Dilma Spruill, Nathaniel 'Nate' Williams, Mark Weinstein and Beverley 'Big Mama' Darensburg at 6:30 p.m.
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