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Minutes

Oakland City Council
March 7, 2023

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Minutes
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March 7, 2023
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Oakland City Council
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12
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

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
4:00 PM City Council Chamber, 3rd FloorTuesday, March 7, 2023 The Concurrent Meeting of the Oakland City Council and Successor Redevelopment Agency was held on the above date. The meeting was convened at 4:02 P.M. 1 Call To Order
2 ROLL CALL / CITY COUNCIL
Carroll Fife, Noel Gallo, Dan Kalb, Rebecca Kaplan, Janani Ramachandran, Treva Reid, Nikki Fortunato Bas, and Kevin Jenkins
Present 8 -
3 ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor, Council Acknowledgements/Announcements):
4 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF FEBRUARY 21, 2023
23-0118
View ReportAttachments:

A motion was made by Noel Gallo, seconded by Rebecca Kaplan, 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
5 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 Fortunato Bas to move item S6.16 'Nuisance Vessel Ordinance' to the Non-Consent Calendar. The motion passed.

A motion was made by Councilmember Gallo, seconded by Councilmember Reid to move item S6.17 'Amend Municipal Code Chapter '8.50' to the Non-Consent Calendar. The motion passed.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
6 CONSENT CALENDAR (CC) ITEMS:
13 Speakers spoke on this item
Approval of the Consent Agenda
A motion was made by Gallo, seconded by Ramachandran, 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

6.1 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
23-0119
View Report
89606 CMS
Attachments:

This City Resolution was Adopted.

6.2 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
23-0120
View Report
89607 CMS
Attachments:

This City Resolution was Adopted.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL

6.3 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
23-0121
View Report
89608 CMS
Attachments:

This City Resolution was Adopted.

6.4 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
13727 CMS
Attachments:

This Ordinance was Approved for Final Passage.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL

6.5 Subject: Oakland City Council Orientation And Overview - City Priorities And Departments - Public Safety, Emergency Response, Public Infrastructure, And Constituent Services
From: Office Of The City Administrator
Recommendation: Receive An Informational Report That Provides An Overview Of Public Safety, Violence Prevention, Emergency Operations/Response, Public Infrastructure, And Constituent Services In The City Of Oakland That Shall Include Presentations From The City Administrator’s Office, Oakland Fire Department, Oakland Police Department, Department Of Violence Prevention, Office Of The Inspector General, Community Police Review Agency/Police Commission, Oakland Public Works And Oakland Department Of Transportation
22-1014
View Report
View Presentation
View Supplemental Report - 1/19/2023
View Supplemental Presentation - 1/19/2023
Attachments:

This Informational Report was Received and Filed.

6.6 Subject: People Of The State Of California Et Al.V. Purdue Pharma L.P., Et. Al.

From: Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing The City Attorney To Release The City’s Potential Claims As Necessary To Join The National Walgreens Settlement Agreement, The National Walmart Settlement Agreement, The National CVS Settlement Agreement, And Their Accompanying California State-Subdivision Agreements Regarding Distribution And Use Of Settlement Funds, As Well As To Release The City’s Potential Claims As Necessary To Join The National Teva Settlement Agreement, The National Allergan Settlement Agreement, And Their Accompanying California State-Subdivision Agreements Regarding Distribution And Use Of Settlement Funds; All Pursuant To In Re National Prescription Opiate Litigation, MDL Master Docket No. 1:17-MD-2804 (Office Of The City Attorney - Public Nuisance, False Advertising, Unfair Competition)
23-0129
View Report
View Legislation
89609 CMS
Attachments:

This City Resolution was Adopted.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL

6.7 Subject: California Capital Insurance Company 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 California Capital Insurance Company As Subrogee Of The Gee Family Trust V. City Of Oakland And Does 1 Through 25, Inclusive, Alameda County Superior Court Case No. 22CV015984, City Attorney File No. 35070, In The Amount Of Sixty Four Thousand And Six Hundred Five Dollars And Eighty-Three Cents ($64,605.83) (Department Of Public Works - Inverse Condemnation) 23-0131
View Report
View Legislation
89610 CMS
Attachments:

This City Resolution was Adopted.

6.8 Subject: Oracle Business Intelligence And Analytics Consulting Services From: Information Technology Department
Recommendation: Adopt A Resolution: (1) Authorizing The City Administrator To Execute An Agreement With Fusion Bi, Inc. For One Hundred Five Thousand Dollars ($105,000) For Oracle Business Intelligence And Analytics Consulting Services For A One (1) Year Term With The Option To Extend For An Additional One (1) Year For A Total Amount Not To Exceed Two Hundred Ten Thousand Dollars ($210,000); And (2) Waiving The City's Local Business/Small Local Business Utilization Requirements 23-0123
View Report
View Attachment A
View Attachment B
View Legislation
89611 CMS
Attachments:

This City Resolution was Adopted.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL

6.9 Subject: Commission On Homelessness
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Reappointment Of Joey Harrison, Alexis Lozano, Candace Elder, Beth Stokes, And Mark Walker As Members Of The Commission On Homelessness
23-0138
View Report and Legislation
89612 CMS
Attachments:

Councilmember Gallo motioned, seconded by Councilmember Ramachandran to amend the resolution by striking Beth Stokes from the legislation. The motion passed.

A motion was made by Noel Gallo, seconded by Janani Ramachandran, 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

6.10 Subject: Library Advisory Commission
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Appointments Of Brittany Buckmire, Bradley Boyd, Karen Zukor, Chiye Azuma, And Alex Weinberg, And Reappointment Of Karen Roye To The Library Advisory Commission 23-0137
View Report and Legislation
89613 CMS
Attachments:

This City Resolution was Adopted.

6.11 Subject: Bicyclist Pedestrian Advisory Commission
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Patricia Schader, Dianne Yee, And Grey Gardner To The Bicyclist Pedestrian Advisory Commission
23-0136
View Report and Legislation
89614 CMS
Attachments:

This City Resolution was Adopted.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL

6.12 Subject: Children's Fairyland Board Of Directors
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Jana Pastena To The Children's Fairyland Board Of Directors
23-0135
View Report and Legislation
89615 CMS
Attachments:

This City Resolution was Adopted.

6.13 Subject: Cultural Affairs Commission
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Appointment Of Jim Santi Owen, Charles McNeal, And Iliana Lipsett, And Reappointment Of Jennifer Easton And Vanessa Whang To The Cultural Affairs Commission
23-0134
View Report and Legislation
89616 CMS
Attachments:

Councilmember Gallo motioned, seconded by Councilmember Ramachandran to amend the resolution by striking Charles McNeal from the legislation. The motion passed.

A motion was made by Noel Gallo, seconded by Janani Ramachandran, 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

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S6.14 Subject: OPD Crime Laboratory Operations And CGIC Grant From: Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Accept And Appropriate Grant Funds In An Amount Not To Exceed Six Hundred Ninety Five Thousand Nine Hundred Ninety-Seven Dollars ($695,997) From The Office Of Justice Programs (OJP), Under The Funding Opportunity From The Bureau Of Justice Assistance (BJA) Entitled “2022 BJA FY22 Local Law Enforcement Crime Gun Intelligence Center (CGIC) Integration Initiative”, During The Grant Period Of Federal Fiscal Years 2022 To 2025, To Support The Oakland Police Department (OPD) Crime Laboratory Operations And CGIC
23-0039
View Report
View Legislation
89617 CMS
Attachments:

This City Resolution was Adopted.

S6.15 Subject: Agreement With UPRR For The 29th Ave. Median Safety Improvements From: Transportation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute An Agreement With Union Pacific Railroad Company (UPRR), In Accordance With California Public Utility Commission (CPUC) Regulations, For The Review Of The 29th Avenue Median Safety Improvements
23-0073
View Report
View Attachment A Report
View Attachment B Report
View Attachment C Report
View Legislation
89618 CMS
Attachments:

This City Resolution was Adopted.

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S6.18 Subject: Establishing Malonga Arts Collective As Anchor Tenants Of The Malonga Arts Center
From: Councilmember Fife
Recommendation: Adopt An Ordinance (1) Authorizing The City Administrator To Negotiate And Execute Lease Agreements Between The City Of Oakland And Certain Arts And Educational Organizations, Including Individual Members Of The Malonga Arts Collective (MAC), A Nonprofit Organization, For 10-Year Terms Each With One 5-Year Option To Renew, At Below Market Rates For Use Of Office Spaces And Reduced Fees For Studio Spaces And Theater Use At The Malonga Casquelourd Center For The Arts (MCCA) At 1428 Alice Street; (2) Making Findings That The Office Leases For Below Market Value Are In The Best Interests Of The City; (3) Directing The City Administrator To Return With An Ordinance To Amend The Master Fee Schedule To Provide For Reduced Fees For Studio Spaces And Theater Use Pursuant To Negotiated Agreements With Tenants Of The MCCA; And (4) Adopting California Environmental Quality Act Findings
[TITLE CHANGE]
22-1005
View Legislation
View Supplemental Report 2/16/2023
View Supplemental Legislation 2/16/2023
13730 CMS
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 3/21/2023
7 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &

DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS 1 individual spoke on this item

ACTION ON THE NON-CONSENT CALENDAR PORTION OF THE AGENDA WILL COMMENCE AT 5:00 P.M., OR AS SOON THEREAFTER AS REASONABLY

PRACTICABLE
8 CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:

ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S6.16 Subject: Nuisance Vessel Ordinance
From: Oakland Police Department
Recommendation: Adopt An Ordinance Adding Oakland Municipal Code Chapter 8.70 (Nuisance Vessels On Oakland Waters) Setting Rules For Anchoring Vessels In The Oakland Estuary And Providing Procedures For Abating Nuisance Vessels 23-0098
View Report
View Legislation
View Supplemental Legislation - 3/10/2023
View Notice And Digest
13728 CMS
Attachments:
6 speakers spoke on this item
A motion was made by Councilmember Ramachandran , seconded by Councilmember Gallo, to approve the Ordinance as amended on Introduction. The motion passed with 8 Ayes. The Ordinance was approved on Introduction as amended. Final Passage will occur on March 21, 2023.

On page 1 of the Legislation adding the following whereas clauses, WHEREAS, the City is committed to upholding the findings of the Reimagining Public Safety Taskforce, and our recognition that many administrative tasks, including providing notices and orders to abate, can be fulfilled by trained civilian staff with requisite equipment;
WHEREAS, the City recognizes that executing orders to abate and conducting abatement work may require the presence of law enforcement; WHEREAS, the City notes that other jurisdictions across the Bay Area have multiple city departments and entities, incorporating both law enforcement and professional staff, that perform similar nuisance vessel abatement work; On page 2 of the Legislation adding the following whereas clauses, WHEREAS, the City is currently strained for financial resources, with forecasts predicting a budget deficit of nearly $200 million in the upcoming two-year budget cycle;
WHEREAS, the City recognizes the inconvenient truth that most parties responsible for abandoned and unpermitted vehicles are likely to not pay for the costs of the abatement of their vehicles;
WHEREAS, the City is experiencing a staffing crisis, with over 800 vacancies across departments that include professional staff as well as sworn law enforcement officers;
WHEREAS, the City intends to collaborate with a range of local and state agencies, including the Port of Oakland, in order to secure requisite funding and partnerships

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
to keep the Oakland Estuary clean, safe, and free of abandoned and unpermitted vessels;
On Page 2, of section 8.70.020 Definitions, of subsection C to read, C. “Enforcement Official” means the City Administrator or their designees. The City Administrator may designate City staff or contract with external agencies to serve as Enforcement Officials, and will make every effort to designate non-sworn personnel for tasks that do not require sworn personnel.

A motion was made by Janani Ramachandran, 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 3/21/2023. The motion carried by the following vote:

Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
S6.17 Subject: Amend Oakland Municipal Code Chapter 8.50 - Local Emergency Declarations
From: Office Of The City Administrator
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter

8.50 (Emergency Services Organization And Disaster Council) To Require Council To Review The Need For Continuing A Local Emergency At Least Once Every 60 Days, In Conformance With State Law
23-0086
View Report
View Legislation
13729 CMS
Attachments:
2 speakers spoke on this item
A motion was made by Councilmember Kalb, seconded by Council President Fortunato Bas to approve the ordinance on introduction. The motion passed with a vote of 7 Ayes; 1 No - Gallo. The ordinance was approved on introduction and scheduled for Final Passage on March 21, 2023.

A motion was made by Dan Kalb, seconded by Nikki Fortunato Bas, 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 3/21/2023. The motion carried by the following vote:

Aye: Fife, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins7 - No: Gallo1 -
NO VOTE: 0

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March 7, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL

COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Councilmember Gallo was noted absent at 6:18 P.M.

OPEN FORUM / PUBLIC COMMENTS
12 speakers spoke during Open Forum

ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 10:00 P.M., Unless Extended By An Affirmative Vote Of Five (5) Councilmembers)
There being no further business,the Council adjourned the meeting in memory of Moses Mayne at 6:44 P.M.

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.

Oakland’s Mask Mandate For Everyone Ages 6 And Older Inside City Facilities: The City Will Continue To Make Masks Available To Patrons Of Our Buildings That May Not Arrive With One.

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

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.

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.

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