Tuesday, February 7, 2023
1:30 PM
City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza, Room 201
Oakland, California 94612
Virtual Tele- Conference Via Zoom
* Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the City
Council
Meeting Agenda - DRAFT
Please See The Agenda To Participate In The Meeting
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
Pursuant to California Government Code Section 54953(e ), the City Council has found that an imminent risk to the health of attendees due to the COVID-19 pandemic continues to exist. Therefore, all City Councilmembers will participate in the meeting via phone/video conference without notice of their teleconference locations
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/87194214554 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: 871 9421 4554
If asked for a participant ID or code, press #.
COMMENT:
ALL PUBLIC COMMENT ON ACTION ITEMS WILL BE TAKEN AT THE BEGINNING OF THE MEETING UNDER ITEM 1. COMMENT FOR ITEMS NOT ON THE AGENDA WILL BE TAKEN
UNDER OPEN FORUM AT THE END OF THE MEETING
There are three ways to submit public comments.
• eComment. To send your comment directly to Council members and staff BEFORE the meeting starts please submit any written comments via email To [email protected]• To comment by Zoom video conference, click the “Raise Your Hand” button to request to speak when Public Comment is being taken on a eligible agenda item at the beginning of the meeting. You will be permitted to speak during your turn,allowed to comment, and after the allotted time, re-muted.
Instructions on how to “Raise Your Hand” is available at:
https://support.zoom.us/hc/en-us/articles/205566129 - Raise-Hand-In-Webinar. • To comment by phone, please call on one of the above listed phone numbers. You will be prompted to “Raise Your Hand” by pressing “*9” to speak when Public Comment is taken. You will be permitted to speak during your turn, allowed to comment, and after the allotted time, re-muted.
Please unmute your self by pressing *6.
If you have any questions, please email the Agenda Management Unit at [email protected] - Office of the City Clerk
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
ROLL CALL / CITY COUNCIL
COUNCILMEMBERS: Councilmember Carroll Fife, District 3; Councilmember Noel Gallo, District 5; Councilmember Kevin Jenkins, District 6; Councilmember Dan Kalb, District 1; Councilmember Rebecca Kaplan, At Large; Councilmember Janani Ramachandran, District 4; Councilmember Treva Reid, District 7; Council President Nikki Fortunato Bas, District 2
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):
1 PUBLIC COMMENT: COMMENTS ON ALL ITEMS EXCEPT PUBLIC HEARINGS WILL BE TAKEN AT THIS TIME. COMMENTS FOR ITEMS NOT ON THE AGENDA WILL BE
TAKEN DURING OPEN FORUM
2 CONSENT CALENDAR (CC) ITEMS:
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
2.1 23-0032
View LegislationAttachments:
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
2.2 23-0033
View LegislationAttachments:
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
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
2.3 23-0034
View LegislationAttachments:
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
2.4 23-0035
View LegislationAttachments:
Subject: In Celebration Of Black History And Heritage Month From: Councilmember Fife
Recommendation: Adopt A Resolution In Celebration Of Black History Month In February 2023 By Honoring Black Change-Makers In The City Of Oakland Working Towards A Transformative Future That Seeks To Dismantle Oppressive Systems And Advance True Liberation, Safety, And Opportunities In Our Community
2.5 22-1003
Legislative History
12/15/22 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
As A Ceremonial.
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
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
2.6 22-0776
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
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
Attachments:
ACTION ON THIS ITEM WILL RESULT IN FINAL PASSAGE (Second Reading) OF THIS ORDINANCE.
INTRODUCTION (First Reading) WAS PASSED ON JANUARY 17, 2023; 8 AYES.
Legislative History
9/29/22 *Rules & Legislation
Committee
Withdrawn with No New Date
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
10/6/22 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Non-Consent
A title change was read into record
10/18/22 Special Concurrent Meeting
of the Oakland
Redevelopment Successor
Agency/City Council
* Withdrawn and Rescheduled to the *
Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the
City Council
On Non-Consent
11/1/22 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
Continued to the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency
and the City Council
A motion was made by Councilmember Gallo, seconded by Councilmember Taylor to adopt the item.
A substitute motion was made by Councilmember Kalb, seconded by Council President Bas to continue this item to the December 6, 2022 City Council Meeting and a request for the Police Commission to review proposed amendments from the community before December 6, 2022. The motion passed with the following vote: 4 Ayes: Kalb, Kaplan, Thao, Bas; 2 NO: Gallo, Taylor; 2 Excused: Fife, Reid
As a direct result of the substitute motion, the original motion failed. 12/6/22 Special Concurrent Meeting
of the Oakland
Redevelopment Successor
Agency/City Council
Continued to the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency
and the City Council
12/15/22 *Rules & Legislation
Committee
Rescheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
This item was withdrawn from the December 20, 2022 City Council agenda and rescheduled to the January 17, 2023 City Council Agenda on Non Consent at the December 15, 2022 Rules And Legislation Committee.
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
1/17/23 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
Approved As Amended On Introduction and
Scheduled for Final Passage to the *
Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the
City Council
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 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.
Subject: Oakland Hydrogen Hub
From: Councilmember Kaplan And President Pro Tempore Kalb Recommendation: Adopt A Resolution: 1) Supporting The Alliance For Renewable Clean Hydrogen Energy Systems (Arches) And Its Mission To Accelerate Hydrogen’s Contribution To Decarbonizing The Economy In California; 2) Highlighting Oakland’s Leadership In Hydrogen Adoption And Requesting That Oakland Be Considered As A Location For A Potential Statewide Clean Hydrogen Hub To Accelerate Hydrogen’s Contribution To Decarbonizing The Economy; 3) Declaring The City’s Intent To Enter Into A Memorandum Of Commitment (MOC) (Attached Hereto As Exhibit A) To Join Arches; And 4) Authorizing The City Administrator To Execute The MOC And To Negotiate And Execute A More Formal Agreement With Arches H2 LLC On The City’s Behalf
2.7 22-0988
View Report
View Legislation
View Exhibit A
Attachments:
Legislative History
12/15/22 *Rules & Legislation
Committee
Withdrawn with No New Date
This item was withdrawn from the December 20, 2022 City Council agenda with no new date at the December 15, 2022 Rules And Legislation Committee.
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
1/19/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
Scheduled to Consent and President Pro Tempore Kalb was added as Co-Author
Rule 24 was noted - Reason for bypassing committee
Subject: Carolyn Levy 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 Carolyn Levy V. City Of Oakland, And Does 1-100 Inclusive, Alameda Superior Court Case No. RG18913570, City Attorney File No. 32579, In The Amount Of Two Hundred Thousand Dollars And No Cents ($200,000.00) (Department Of Transportation - Dangerous Condition Of Public Property)
2.8 23-0022
View Report
View Legisaltion
Attachments:
Pursuant to Rule 28 D. of Resolution 89432 C.M.S., this item was added to this agenda.
Legislative History
1/19/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
Scheduled to Consent
Subject: Hoa Nguyen, Et Al. V. Lilia Vargasdoralla, 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 Hoa Nguyen; Michelle Nguyen; John Nguyen, By And Through His Father And Guardian, Hoa Nguyen; And Ellie Nguyen, By And Through Her Mother And Guardian, Trang Nguyen V. Lilia Vargasdoralla; Oakland Unified School District; City Of Oakland, State Of California, And Does 1 Through 100, Inclusive, Alameda County Superior Court Case No. RG20079412, City Attorney’s File No. 34068, In The Amount Of One Hundred Seventy Thousand Dollars And Zero Cents ($170,000.00) (Department Of Transportation - Dangerous Condition Of Public Property)
2.9 23-0048
View Report
View Legislation
Attachments:
Pursuant to Rule 28 D. of Resolution 89432 C.M.S., this item was added to this agenda 3 CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
4 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF JANUARY 9, JANUARY 11, JANUARY 12, JANUARY 17, JANUARY 27 AND JANUARY 31, 2023 5 23-0036
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
Subject: Professional Services Contract For Racial Impact Study From: Councilmember Fife
Recommendation: Adopt A Resolution Awarding A Professional Services Contract To BluSummers, LLC To Conduct A Racial Impact Analysis For An Amount Not To Exceed $150,000 Utilizing The Funds Allocated For That Purpose In The Fiscal Year 2022-23 Mid-Cycle Budget, Pursuant To Resolution No. 89283 C.M.S., To Study The On-Going Effects Of Public Policy Decisions And Actions Such As Redlining, Displacement Through Eminent Domain, Urban Renewal, And Gentrification On The Black Community In Oakland And To Assess Ways To Redress The Harms Caused Through A “Black New Deal”; Waiving The Competitive Request For Proposal/Qualifications (RFP/Q) Process Pursuant To Oakland Municipal Code Section 2.04.051.B; And Waiving The Local/Small Local Business Enterprise (L/SLBE) Program Requirements
6 22-0985
View Agenda Report
View Legislation
View Attachment A
Attachments:
Legislative History
12/20/22 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
Withdrawn and Rescheduled to the *
Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the
City Council
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
Subject: Resolution Amending And Restating The Council’s Rules Of Procedure From: Council President Fortunato Bas
Recommendation: Adopt A Resolution Amending And Restating The Council’s Rules Of Procedure In Their Entirety To, Among Other Things: 1) Rescind The Council’s Temporary Rules Of Procedure For The Conduct Of Meetings During The State Of Emergency Related To The Covid-19 Pandemic; 2) Change The Times For Commencing And Ending Regular Council Meetings To Minimize Late-Night Meetings And Increase Public Access And Participation; 3) Help Ensure That New Items Have Been Properly Vetted Before They Are Submitted For Scheduling, To Increase Efficiency; 4) Utilize Gender-Inclusive Language In Accordance With The City’s Values And Policy; And 5) Make Non-Substantive, Technical Edits To Make The Council’s Rules Of Procedure Easier To Navigate And Understand
7 22-1001
View Report
View Legislation
View Redline Legislation
View Attachment A
View Attachment B
View Attachment C
Attachments:
Legislative History
12/15/22 *Rules & Legislation
Committee
Scheduled to the *Rules & Legislation
Committee
1/19/23 *Rules & Legislation
Committee
Approved the Recommendation of Staff, and
Forward to the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency
and the City Council
The Committee approved the recommendation of staff as amended, and requested the item be forwarded to the February 7, 2023 City Council Agenda on Non-Consent as follows:
Rule 23: Rules and Legislation Committee Jurisdiction - Adding The Committee May Assign City Proposed Bailed Measures To A Subject Matter Committee As An Informational Report For Vetting and Input But Retains The Authority To Determine Whether Or Not To Forward Such Propositions To The Council Rule 26. A.:Procedue for Placing Items on A Agenda - Striking the word Should and adding the words Shall Make Every Effort To Thoroughly Investigate Policy Issues Prior to Submitting Proposals To Committee Or The Council For Action.
Rule 29: Tie Breaking Votes By The Mayor - Adding language to further define legal requirements of recusal and not being present
Adding: effective date of March 1, 2023 and provide more clarity on the electronic speaker card process
February 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
OPEN FORUM / CITIZEN COMMENTS
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 6:30 P.M., Unless Extended By Majority Vote Of The Council)
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Fax: (510) 238-6699
Recorded Agenda: (510) 238-2386
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