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, February 21, 2023 Please See The Agenda To Participate In The Meeting
The Oakland Redevelopment Successor Agency and City Council convened at 2:08 P.M., with Council President Fortunato Bas presiding as Chairperson The Roll Call was modified to note Councilmember Gallo present at 2:09 p.m.
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):
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
The que opened at 2:18 pm and closed at 2:33 p.m.
21 individuals spoke during Public Comment
2 CONSENT CALENDAR (CC) ITEMS:
Approval of the Consent Agenda
A motion was made by Kaplan, seconded by Kalb, 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
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
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
23-0080
View Legislation
89593 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
23-0081
View Legislation
89594 CMS
Attachments:
This City Resolution was Adopted.
2.3 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
23-0082
View Legislation
89595 CMS
Attachments:
This City Resolution was Adopted.
February 21, 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 23-0083
View Legislation
89596 CMS
Attachments:
This City Resolution was Adopted.
2.5 Subject: Resolution Celebrating Gloria Bruce
From: Councilmember Dan Kalb And Council President Nikki Fortunato Bas Recommendation: Adopt A Resolution Acknowledging And Thanking Gloria Bruce For Her Extraordinary Work And Leadership On Affordable Housing In Oakland And The East Bay As East Bay Housing Organization (EBHO) Executive Director 23-0075
View Legislation
89597 CMS
Attachments:
This City Resolution was Adopted.
2.6 Subject: Renee Kessler Miller V. City of Oakland
From: Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Renee Kessler Miller V. City Of Oakland, And Does 1 To 100, Inclusive, Alameda County Superior Court Case No. 21CV002203, City Attorney File No. 34755, In The Amount Of Thirty Thousand Dollars And Zero Cents ($30,000.00) (Department Of Transportation - Dangerous Condition Of Public Property) 23-0077
View Report
View Legislation
89598 CMS
Attachments:
This City Resolution was Adopted.
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.7 Subject: Ma Carmen Bautista V. City Of Oakland
From: Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Ma Carmen Bautista V. City Of Oakland, Mark Crawford And Does 1 To 10 Inclusive, Alameda County Superior Court Case No.
RG21099088, City Attorney File No. 33908, In The Amount Of One Hundred And Eighty Thousand Dollars And No Cents ($180,000.00) (Public Works Department - Negligence) 23-0078
View Report
View Legislation
89599 CMS
Attachments:
This City Resolution was Adopted.
2.8 Subject: FY2022-23 Master Fee Schedule
From: Finance Department
Recommendation: Adopt An Ordinance Amending Ordinance No. 13698 C.M.S. (Which Adopted The Fiscal Year 2022-23 Master Fee Schedule), As Amended, To Establish, Modify And Delete Fees And Penalties Assessed By The City Of Oakland 22-0914
View Report
View Legislation and Exhibits
View Supplemental Legislation 1/26/2023
View Supplemental Report - 2/3/2023
View Supplemental Legislation - 2/16/2023
13726 CMS
Attachments:
This Ordinance was Approved for Final Passage.
2.9 Subject: Renew And Continue A Declaration Of A Local Emergency Due To COVID-19 From: Office Of The City Administrator
Recommendation: Adopt A Resolution Renewing And Continuing The City Council’s Declaration Of A Local Emergency Due To COVID-19
23-0087
View Report
View Legislation
89600 CMS
Attachments:
This City Resolution was Adopted.
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.11 Subject: Correcting The Name Of Unity Council To The Spanish Speaking Unity Council Of Alameda County, Inc
From: Council President Fortunato Bas
Recommendation: Adopt A Resolution Amending Resolution No. 89376 C.M.S., Which Among Other Things Granted One Hundred Ten Thousand Five Hundred Dollars ($110,500) To The Unity Council As Fiscal Sponsor For The Oakland Vietnamese Chamber Of Commerce, In Order To Correct The Name Of Unity Council To The Spanish Speaking Unity Council Of Alameda County, Inc
23-0093
View Legislation
89601 CMS
Attachments:
This City Resolution was Adopted.
S2.12 Subject: Roadtrip Nation Professional Services Agreement From: Economic And Workforce Development Department
Recommendation: Adopt A Resolution Of The City Council Authorizing The City Administrator To (1) Enter Into A Professional Services Agreement With Roadtrip Nation In An Amount Not To Exceed One Hundred Twenty-Five Thousand Dollars ($125,000) Total To Develop And Launch A Career Exploration And Storytelling Digital Community Hub Designed To Support Oakland’s Youth And Young Adults Seeking Job Opportunities Through November 30, 2028; And (2) Waiving The Formal Request For Proposal/Qualifications Process For The Professional Services Agreement 23-0029
View Report
View Legislation
89602 CMS
Attachments:
This City Resolution was Adopted.
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S2.13 Subject: Apply For CalHome 2023 Grant
From: Housing And Community Development Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To (1) Apply For, Accept And Appropriate CALHome Grant Funds In An Amount Not To Exceed $5 Million From The California Department Of Housing And Community Development 2023 Homeownership Super Notice Of Funding Availability And (2) Execute A Standard Agreement And Any Amendments Thereto In Connection With The California Department Of Housing And Community Development 2023 Homeownership Super Notice Of Funding Availability
23-0045
View Report
View Legislation
89603 CMS
Attachments:
This City Resolution was Adopted.
S2.14 Subject: California Plumbing Code: Appendix M Adoption From: Councilmember Kaplan
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code To Add Section 15.04.3.5065 To Adopt Appendix M Of The 2022 California Plumbing Code, California Code Of Regulations, Title 24, Part 5, Peak Water Demand Calculator; And Adopting Appropriate California Environmental Quality Act Findings 23-0076
View Report
View Appendix M - CPC
View Legislation
Attachments:
This Ordinance was Approved On Introduction and Scheduled for Final Passage. to the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 3/7/2023
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S2.15 Subject: Amend ABC Security Inc. Contract To Increase Spending Authority From: Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: (1) Increase The Contract With ABC Security Services Inc. In An Amount Of Five Hundred Thousand Dollars Per Month ($500,000) On A Month-To-Month Basis, For Up To Eight (8) Months In A Total Amount Not To Exceed Four Million, (4,000,000) Until Request For Proposal Number 269336 Is Awarded; And (2) Waive The Competitive Request For Proposal/Qualification Selection Requirement
23-0107
View Report
View Legislation
89604 CMS
Attachments:
Councilmember Kaplan made a motion seconded by Council President Fortunato Bas to approve the urgency finding on item S2.15 for the following reason: 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 is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting.
The motion passed by 8 Ayes: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and Fortunato Bas
A motion was made by Councilmember Kaplan, seconded by Councilmember Kalb to approve the item as amended. The motion passed with a vote of 8 Ayes:; The Resolution was adopted with the following amendments:
- Of the Title of the legislation, replacing Of with Not To Exceed - In the first Whereas Clause, replacing C.S.M with C.M.S. - In the second Whereas Clause, adding on October 18, 2022, per - Of the third Whereas Clause to read, WHEREAS, the current contract does not expire until October 23, 2023, but does not have adequate spending authority left to extend the contract; and
- Adding a Whereas Clause to read, WHEREAS, the Oakland Public Works Department (OPW), Bureau of Maintenance and Internal Services (BMIS), Facilities Services Division is responsible for the security of all City facilities; and - In the sixth Whereas Clause, replacing an, with a
- In the seventh Whereas Clause, adding for up to eight months in a total not to exceed contract amount of
$4,000,000.00
- On Page 2, adding the following Whereas Clauses to read,
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
WHEREAS, Oakland Municipal Code section 2.04.051.A requires the City Administrator to conduct a request for proposals/qualifications (RFP/Q) process for professional services contracts in excess of $25,000 and Oakland Municipal Code section 2.04.051.B allows Council to waive the RFP/Q requirement upon a finding by the Council that it is in the best interests of the City to do so; and WHEREAS, it is in the best interests of the City for the Council to waive the RFP/Q requirement for this contract because the City wishes to prevent any delay and interruption of vitally needed security services to City Hall and municipal buildings; and
WHEREAS, the City Council finds that the professional services in this proposed contract are of a professional and temporary in nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; and
- On Page 2, striking the second Resolved Clause; adding Further Resolved Clauses to read,
FURTHER RESOLVED: That pursuant to OMC 2.04.051.B the City Council hereby finds that it is in the best interests of the City to waive the RFP/Q requirement for this contract in order to prevent any delay and interruption of vitally needed security services to municipal buildings and properties and thus so waives this requirement; and be it
FURTHER RESOLVED: That ABC Security Service, Inc. shall comply with all City contracting and compliance program requirements that apply to this contract, including Local Business Enterprise and Small Local Business Enterprise (LBE/SLBE) participation and which compliance shall be verified by the Department of Workplace and Employment Standards; and be it A motion was made by Rebecca Kaplan, seconded by Dan Kalb, 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
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 23-0109
FEBRUARY 16, 2023 CLOSED SESSION REPORTED OUT -
California Capital Insurance Company v. City of Oakland, et al FEBRUARY 16, 2023 CLOSED SESSION REPORTED OUT - The
People of the State of California, et al. v. Purdue Pharma L.P., et al.
Attachments:
A motion was made by Rebecca Kaplan, seconded by Kevin Jenkins, that this matter be Accepted. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 -
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
NO VOTE: 0
5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF JANUARY 31, 2023, FEBRUARY 3, 2023, AND FEBRUARY 7, 2023
23-0084
January 31, 2023 Draft Minutes
February 3, 2023 Draft Minutes
February 7, 2023 Draft Minutes
Attachments:
A motion was made by Noel Gallo, seconded by Carroll Fife, that this matter be Accepted. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
2.10 Subject: Emergency Health & Safety Program Modifications / Coliseum Connections Emergency Funding
From: Housing and Community Development Department
Recommendations: Adopt A Resolution (1) Amending Resolution Nos. 86126 C.M.S., And 86366 C.M.S., Which Authorized An Affordable Housing Multifamily Emergency Repair Program, To Allocate An Additional $750,000 From The Affordable Housing Trust Fund Former Redevelopment Funds To The Program, And Waiving Requirements For And Provisions Of The City’s Local And Small Local Business Enterprise (L/SLBE) Program, Local Employment Program, And Oakland Apprenticeship Program When Affordable Housing Units Are Uninhabitable And The Urgency Of These Repairs Makes Compliance With These Requirements Infeasible; (2) Authorizing An Additional Emergency Repair Loan From Coliseum Redevelopment Bond Funds In The Amount Of $300,000 For Emergency Repairs And Associated Costs With Emergency Flooding To The Coliseum Connections Project Located At 801 71st Avenue; And (3) Making California Environmental Quality Act Exemption Findings 23-0091
View Report and Attachment A
View Legislation
89605 CMS
Attachments:
A motion was made by Councilmember Kaplan, seconded by Councilmember Jenkins to approve the resolution as amended. The motion passed with a vote of 8 Ayes. The Council approved the resolution with the following amendments:
Of the Legislation adding the following,
and be it
FURTHER RESOLVED: That property owner must comply with the City of Oakland's Code Compliance Relocation Program, Section 15.60 of the Oakland Municipal Code, which requires property owners to pay relocation benefits to residential tenants.
A motion was made by Rebecca Kaplan, seconded by Kevin Jenkins, 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
S6 Subject: Status of City Hall Reopening
From: Office Of The City Administrator
Recommendation: Accept An Oral Report On The Status Of Oakland City Hall Reopening 23-0106
A motion was made by Treva Reid, seconded by Carroll Fife, 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 -
February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
NO VOTE: 0
S7 Subject: Informational Report On The Implementation Of The New Progressive Business Tax
From: Council President Fortunato Bas
Recommendation: Receive An Informational Report From The City Administrator/Finance Department On The Implementation Of The New Progressive Business Tax 23-0020
View Report
View Supplemental Report - 2/10/2023
View Supplemental Attachment A - 2/10/2023
Attachments:
A motion was made by Carroll Fife, seconded by Nikki Fortunato Bas, 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
OPEN FORUM / CITIZEN COMMENTS
The que opened at 5:30 pm and closed at 5:35 p.m.
11 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 Richard Valle, Jen Angels and Zu Thao at 5:53 p.m.
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February 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
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