Tuesday, March 21, 2023
4:00 PM
City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza, Room 201
Oakland, California 94612
City Council Chamber, 3rd Floor
* Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the City
Council
Meeting Agenda - DRAFT
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
PUBLIC PARTICIPATION:
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COMMENTS ON ITEMS NOT ON THE AGENDA WILL BE TAKEN UNDER OPEN
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
FORUM AT THE END OF THE MEETING.
PUBLIC COMMENTS:
• THE E-COMMENT FUNCTION IS CURRENTLY UNAVAILABLE. Please Email Written Comments To [email protected] And They Will Be Delivered To Council Members. E-Comments must be submitted at least 24 hours prior to the meeting time.
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If you have any questions, please email the Agenda Management Unit at [email protected]
- Office of the City Clerk
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
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, any action or informational item that a Standing Committee has forwarded to the full Council with unanimous recommendation for approval, except: 1) any item having a high level of public interest or controversy as determined by the Rules and Legislation Committee; 2) any action item that the Rules and Legislation Committee has placed on the Consent Calendar in accordance with Rule 26; or 3), any item that requires a public hearing or that is otherwise ineligible by law as a Consent Item. • Non-Consent Item: shall mean, for the purposes of the City Council agenda, 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 the Rules and Legislation Committee or: 3) requires a public hearing or is otherwise ineligible by law as a Consent Item. 1 Call To Order
2 ROLL CALL / CITY COUNCIL
COUNCILMEMBERS: Councilmember Carroll Fife, District 3; Councilmember Noel Gallo, District 5; Councilmember Kevin Jenkins, District 6; President Pro Tempore 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
3 ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor, Council Acknowledgements/Announcements):
Subject: Resolution Honoring Anne Marks
From: Councilmember Reid
Recommendation: Adopt A Resolution Honoring Anne Marks For Over 12 Years Of Exemplary Service To Youth Alive! And The City Of Oakland
3.1 23-0152
Legislative History
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
3/2/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent As A Ceremonial Item
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF FEBRUARY 3, AND FEBRUARY 7, 2023
4 23-0161
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):
6 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
6.1 23-0158
View LegisaltionAttachments:
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
6.2 23-0159
View LegislationAttachments:
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
6.3 23-0160
View LegislationAttachments:
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
Subject: Resolution In Support Of California Senate Bill 466 (Wahab) From: President Pro Tempore Kalb
Recommendation: Adopt A Resolution In Support Of Senate Bill 466 (Wahab) Which Would (1) Authorize The Owner Of A Residential Real Property To Establish The Initial Rental Rate For A Dwelling Or Unit When The Residential Real Property Has Been Issued A Certificate Of Occupancy Issued Within 15 Years Preceding The Date On Which The Owner Seeks To Establish A Rental Rate; And (2) Is A Subdivided Interest In A Subdivision
6.4 23-0122
Legislative History
2/23/23 *Rules & Legislation
Committee
Scheduled to the *Rules & Legislation
Committee
The Committee approved the title change that was read on record 3/2/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
Pursuant to Rule 24, a statement was made on record as to the item bypassing committee.
Subject: Digital Arts and Culinary Academy Improvements From: Oakland Public Works Department
Recommendation: Adopt A Resolution (1) Rejecting All Four Formal Competitive Bids Received September 8, 2022, For The Digital Arts And Culinary Academy Improvements, Project Number 1004851, Based On The City Administrator’s Workplace And Employment Standards Department’s Assessment That All Bids Were Found To Be Non-Responsive For Not Meeting The City’s Fifty-Percent Local/Small Local Business Enterprise Trucking Requirement; (2) Award The Contract For An Amount Not To Exceed One Million, Eight Hundred Thirty-Six Thousand Dollars ($1,836,000.00) In The Open Market, Without Return To Council; And (3) Adopt Appropriate California Environmental Quality Act (CEQA) Findings
6.5 22-0909
Legislative History
11/17/22 *Rules & Legislation
Committee
Rescheduled to the *Rules & Legislation
Committee
This item was not scheduled, and was deferred to the December 1, 2022 Rules And Legislation Committee for scheduling.
2/23/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
Rule 24 was stated on the record as to why this item is bypassing committee
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
Subject: Commission On Persons With Disabilities
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Appointments Of Fatimah Azur And Barry Robinson To The Commission On Persons With Disabilities
6.6 23-0174
Subject: Commission On Aging
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Reappointment Of Asha Beene-Clarke And Jennifer Seibert And Confirming The Mayor’s Appointment Of Lenore McDonald Gunst, Dennis Blake Spears, Tydia Hill, Ristina Ingram, Suzi Kalmus, And Patricia Osage As Members Of The Commission On Aging
6.7 23-0176
Subject: Privacy Advisory Commission
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Reappointment Of Brian Hofer And Lou Katz To The Privacy Advisory Commission
6.8 23-0177
Subject: Business Tax Review Board
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Appointments Of Nick Peraino And Adrionna Fike To The Business Tax Board Of Review
6.9 23-0179
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
6.10 23-0098
View Report
View Legislation
Attachments:
ACTION ON THIS ITEM WILL RESULT IN FINAL PASSAGE (Second Reading) OF THIS ORDINANCE.
INTRODUCTION (First Reading) WAS PASSED ON MARCH 7, 2023; 8 AYES.
Legislative History
2/16/23 *Rules & Legislation
Committee
Scheduled to the *Public Safety Committee
Subject Title Change was read into record
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
2/27/23 *Public Safety Committee Approved the Recommendation of Staff, and Forward to the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency
and the City Council
The Committee forwarded staff’s recommendation to the March 7, 2023 City Council Agenda on Consent.
3/2/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
3/7/23 * 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
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 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.
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
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
6.11 23-0086
View Report
View Legislation
Attachments:
ACTION ON THIS ITEM WILL RESULT IN FINAL PASSAGE (Second Reading) OF THIS ORDINANCE.
INTRODUCTION (First Reading) WAS PASSED ON MARCH 7, 2023; 8 AYES.
Legislative History
2/9/23 *Rules & Legislation
Committee
Scheduled to the *Public Safety Committee
Following committee recommendation, it is requested this item be schedule as a Public Hearing at the March 7, 2023 City Council Meeting 2/23/23 *Rules & Legislation
Committee
Accepted
The Rules And Legislation Committee approved that this item be removed as a Public Hearing from the March 7, 2023 City Council Draft Agenda 2/27/23 *Public Safety Committee Approved the Recommendation of Staff, and Forward to the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency
and the City Council
The Committee forwarded staff’s recommendation to the March 7, 2023 City Council Agenda on Consent.
3/2/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
3/7/23 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
Approved On Introduction and Scheduled for
Final Passage to the * Concurrent Meeting
of the Oakland Redevelopment Successor
Agency and the City Council
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.
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
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]
6.12 22-1005
Sponsors: Fife
View Legislation
View Supplemental Report 2/16/2023
View Supplemental Legislation 2/16/2023
Attachments:
ACTION ON THIS ITEM WILL RESULT IN FINAL PASSAGE (Second Reading) OF THIS ORDINANCE.
INTRODUCTION (First Reading) WAS PASSED ON MARCH 7, 2023; 8 AYES.
Legislative History
12/15/22 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
1/24/23 *Community & Economic
Development Committee
* Withdrawn and Rescheduled to the
*Community & Economic Development
Committee
The committee withdrew and rescheduled this item to the Community And Economic Development Committee of February 28, 2023.
1/26/23 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
2/16/23 *Rules & Legislation
Committee
Approved as Amended the Recommendation
of Staff, and Forward to the *Community &
Economic Development Committee
2/28/23 *Community & Economic
Development Committee
Approved the Recommendation of Staff, and
Forward to the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency
and the City Council
The Committee forwarded this item to the March 7, 2023 City Council agenda on Consent.
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
3/2/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
3/7/23 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
Approved On Introduction and Scheduled for
Final Passage to the * Concurrent Meeting
of the Oakland Redevelopment Successor
Agency and the City Council
7 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
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:
Subject: CIP Portfolio PMWEB Contract Amendment
From: Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend The PMWeb Installation, License And Maintenance Agreement With PMWeb, Inc. To Extend The Term From December 31, 2023, Through December 31, 2028, And Increase The Agreement In An Amount Not To Exceed Three Million One Hundred And Twenty-Seven Thousand And Five Hundred Dollars ($3,127,500), For Support Services, Functionality, Licenses, Training, And Enhancements For The PMWeb Application 9 23-0124
Legislative History
2/23/23 *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 and was approved by the Committee.
Rule 24 was stated on the record as to why this item is bypassing committee.
COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
OPEN FORUM / PUBLIC COMMENTS
March 21, 2023* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda - DRAFT
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 10:00 P.M., Unless Extended By Majority Vote Of The Council)
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