Tuesday, January 16, 2024
3:30 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
~
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandca.gov
Meeting Agenda - SUPPLEMENTAL
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
PUBLIC PARTICIPATION
The Public May Observe And/Or Participate In This Meeting Many Ways.
OBSERVE:
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https://us02web.zoom.us/j/89857595264 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: 898 5759 5264
If asked for a participant ID or code, press #.
PUBLIC COMMENT WILL BE TAKEN ON EACH ACTION ITEM. ALL MEMBERS OF THE PUBLIC WISHING TO SPEAK MUST FILL OUT A SPEAKER CARD FOR EACH ITEM.
SPEAKERS' CARDS MUST BE RECEIVED BY THE CITY CLERK BEFORE THE ITEM IS READ INTO THE RECORD. COMMENTS ON ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM AT THE END OF THE MEETING.
ELECTRONIC SPEAKER CARDS/PUBLIC COMMENTS:
• eComment. To send your comment directly to Council members go to https://oakland.legistar.com/calendar.aspx and click on the “eComment” link for the corresponding meeting. Please note that eComment submission closes twenty-four (24) hours before meeting start time.
• To Comment In Person Members Of The Public Must Submit A Separate Speaker Card For Each Item On The Agenda To The City Clerk Before The Item Is Called. • To Submit An Electronic Speaker Card, Members Of The Public Must (1) Visit The City Of Oakland Meeting Calendar Website At: https://oakland.legistar.com/Calendar.aspx (2) Click the hyperlink labeled ‘eComment’ in the far right column of the meeting you wish to participate, (You Will Be Redirected To The Specific Meeting Webpage); And (3) Register To ‘Sign In To Speak’ For Each Agenda Item(s) You Wish To Speak to.
*To Be Recognized To Speak Via ZOOM, Speaker Cards Must Be Submitted and Received Before The City Clerk Reads the Item Into the Record.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
• Once You Have Submitted Your Speaker Card - Your Zoom Profile Name Will Be Acknowledged To Speak When Public Comment Is Taken.When your name is called please raise your hand in zoom (By Pressing “*9”) and Unmute Your Self By Pressing *6. You Will Be Permitted To Speak During Your Turn. Instructions On How To “Raise Your Hand” Is Available At: Https://Support.Zoom.Us/Hc/En-Us/Articles/205566129 - Raise-Hand-In-Webinar.
Agenda Management Unit at [email protected]
- Office of the City Clerk
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: 1) approval of Council minutes, and 2) any action or informational item placed on a Council agenda for a Regular Meeting or Special Meeting (i) as a Consent Item by the Rules and Legislation Committee, (ii) pursuant to Rule 28, or (iii) that a Standing Committee has forwarded to the full Council with unanimous recommendation for approval by the members who are present: Consent Item shall not include: 1) any item having a high level of public interest or controversy as determined by the Standing Committee Chair, or the Rules and Legislation Committee, or pursuant to Rule 28; 2) any item that requires a public hearing or that otherwise is ineligible by law as a Consent Item. • Non-Consent Item shall mean, for the purposes of a City Council agenda for a Regular Meeting or Special Meeting, 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 a Standing Committee Chair, the Rules and Legislation Committee, or pursuant to Rule 28; or 3) requires a public hearing or is otherwise ineligible by law as a Consent Item.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
Pursuant to California Government Code § 54953: Mayor Thao Will Participate By Teleconference at:
Capital Hilton, 1001 16th St NW, Washington, DC 20036 (Business Center) Pursuant to the Brown Act (Government Code section 54953), the agenda must be posted at the teleconference location, the teleconference location must be accessible to the public and members of the public must have the ability to observe the meeting and to comment on agenda items
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 / PRESENTATIONS OF THE DAY ("Ceremonial Items")
Ceremonial presentations, including proclamations, individual recognitions, etc.; and Reports Or presentations from The Mayor, other public officials, or special guests.
Subject: Recognizing January 2024 As National Slavery And Human Trafficking Prevention Month
From: Councilmember Reid
Recommendation: Adopt A Resolution Recognizing January 2024 As National Slavery And Human Trafficking Prevention Month In The City Of Oakland
3.1 23-0989
Sponsors: Reid
View LegislationAttachments:
Legislative History
12/14/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
A Title Change Was Accepted
As A Ceremonial
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
Subject: Resolution Honoring The Life Of Eddie Rudolph Dillard From: Councilmember Fife
Recommendation: Adopt A Resolution Honoring And Celebrating The Life, Legacy, And Invaluable Contributions Of Eddie Rudolph Dillard
S3.2
24-0004
Sponsors: Fife
View Legislation
View Supplemental Legislation - 1/10/2024
Attachments:
Legislative History
1/11/24 *Rules & Legislation
Committee
Rescheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
As A Ceremonial
4 MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS (Requests With A Motion And Second To: Pull An Item From The Consent Calendar And Reschedule As Non-Consent Item, Change The Order Of Items On The Non-Consent Calendar,Reschedule Items From Consent To Non-Consent To The Next Council Agenda, Request For Reconsiderations, Pull Items Held In Committee, Deletion Or Deferral Of Items):
5 CONSENT CALENDAR (CC) ITEMS:
Approval Of The Draft Minutes From The Meeting Of December 19, 20235.1 24-0003
View ReportAttachments:
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
5.2 24-0000
View LegislationAttachments:
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
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
5.3 24-0001
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
5.4 24-0002
View LegislationAttachments:
Subject: Updates To The Conflict Of Interest Code
From: Office Of The City Clerk
Recommendation: Adopt An Ordinance Amending And Reenacting The City Of Oakland’s Conflict Of Interest Code (Ordinance No. 11562 C.M.S. Adopted March 23, 1993, As Last Amended By Ordinance No. 13522 C.M.S. Adopted February 26, 2019, Codified As Oakland Municipal Code Chapter 3.16) To Update The Designation Of Positions Covered By The Code
5.5 23-0979
Sponsors: Office Of The City Clerk
View Report
View Legislation
View Appendix A, B And C
View Supplemental Legislation - 12/14/2023
Attachments:
ACTION ON THIS ITEM WILL RESULT IN FINAL PASSAGE (Second Reading) OF THIS ORDINANCE.
INTRODUCTION (First Reading) WAS PASSED ON DECEMBER 19, 2023; 7 AYES; 1 EXCUSED REID.
Legislative History
12/7/23 *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.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
12/19/23 * 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
Subject: Keeping Kids Close To Home Act And Clean-Up Planning Code Amendments From: Planning And Building Department
Recommendation: Adopt An Ordinance (1) Amending Chapter 17.10 Of The Oakland Planning Code, As Recommended By The Planning Commission, To Revise The Definitions For Permanent Residential And Semi-Transient Residential Activity Types; (2) Amending The Planning Code, As Recommended By The Planning Commission, To Incorporate Various Clean-Up Items Related To The General Plan Update Phase I Planning Code Amendment Package; (3) Amending The Existing Exemption From Business Taxes For Family Daycares Under Section 5.04.263 Of The Oakland Municipal Code To Conform With The Keeping Kids Close To Home Act (Senate Bill 234); And (4) Making Related California Environmental Quality Act Findings
5.6 23-0904
Sponsors: Planning & Building Department
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 DECEMBER 19, 2023; 5 AYES; 3 EXCUSED FIFE, RAMACHANDRAN, AND REID.
Legislative History
11/9/23 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
And On The December 19, 2023 City Council Agenda As A Public Hearing 12/12/23 *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
2 Speakers Spoke On This Item
As A Public Hearing
12/14/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
As A Public Hearing
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
12/19/23 * 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
Councilmember Kaplan made a motion, seconded by Councilmember Jenkins, to open the Public Hearing, and hearing no objections, the motion passed by 6 Ayes: Fife,Gallo,Jenkins, Kalb, Kaplan and Fortunato Bas; 2 Excused: Reid and Ramachandran,
Upon the reading of Item 8.3 by the City Clerk, the Public Hearing was opened at 11:41 p.m.
2 individuals spoke on this item.
At 11:53 p.m. Councilmember Kaplan made a motion, seconded by Councilmember Gallo, to approve the Ordinance on First Introduction and by the same motion close the Public Hearing, and hearing no objections, the motion passed by 5 Ayes: Gallo,Jenkins, Kalb, Kaplan, and Fortunato Bas; 3 Excused: Fife, Reid and Ramachandran
Subject: Commending And Honoring Mary Mayberry
From: Councilmember Fife And Department Of Workplace And Employment Standards
Recommendation: Adopt A Resolution Commending And Honoring Mary Mayo Mayberry For 25 Years Of Exemplary Service To The City Of Oakland And Congratulating Her Upon Her Well-Deserved Retirement
5.7 23-0992
Sponsors: Fife
View LegislationAttachments:
Legislative History
12/14/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
ITEM 5.8 REGARDING A RESOLUTION HONORING THE LIFE OF EDDIE RUDOLPH DILLARD WAS MOVED TO CEREMONIAL ITEMS AND IS NOW ITEM S3.2
Subject: Appointments To The Bicyclist And Pedestrian Advisory Commission From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Reappointment Of David Ralston And Appointment Of Enjoleah Daye And Cynthia Herrera As Members Of The Bicyclist And Pedestrian Advisory Commission
5.9 24-0006
Sponsors: Office Of The Mayor
View Report And LegislationAttachments:
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
Subject: Appointment To The Community Policing Advisory Board From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Appointment Of Samuel Dawit As A Member Of The Community Policing Advisory Board
5.10 24-0007
Sponsors: Office Of The Mayor
View Report And LegislationAttachments:
Subject: Appointment To The Sugar-Sweetened Beverage Distribution Tax Community Advisory Board
From: Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor’s Appointment Of Lesley Latham As A Member Of The Sugar-Sweetened Beverage Distribution Tax Community Advisory Board
5.11 24-0008
Sponsors: Office Of The Mayor
View Report And LegislationAttachments:
Subject: Major Encroachment Permit At 532 16th Street
From: Department Of Transportation
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit ENMJ23056 To Adcock Joyner Preservation, LP, To Allow Portions Of Basement And Sidewalk Vaults To Encroach Into The Public Right-Of-Way Along 16th Street And San Pablo Avenue, Adjacent To 532 16th Street, And Adopting Appropriate California Environmental Quality Act Findings S5.12
23-0988
Sponsors: Transportation Department
View Report
View Legislation And Exhibits A And B
View Supplemental Legislation And Exhibits A And B - January 5, 2024 Attachments:
Legislative History
12/14/23 *Rules & Legislation
Committee
Scheduled to the * Public Works And
Transportation Committee
1/11/24 *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.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
Subject: Acceptance Of Portable Air Filters From The Bay Area Air Quality Management District (BAAQMD)
From: Office Of The City Administrator
Recommendation: Adopt A Resolution Accepting Air Filtration Equipment Valued In An Amount Not To Exceed $125,000 From The Bay Area Air Quality Management District (BAAQMD) To Provide Respite From Wildfire Smoke; And Accepting Additional Equipment And Funding That Becomes Available From BAAQMD Through December 31, 2027 In An Amount Not To Exceed $625,000; And Authorizing The City Administrator To Execute An Agreement With BAAQMD To Receive Said Equipment And Funding S5.13
23-0996
Sponsors: Office Of The City Administrator
View Report
View Attachment A
View Attachment B
View Legislation
Attachments:
Legislative History
1/11/24 *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: Amendments To Sound Amplification Equipment Ordinance From: Office Of The City Administrator And Councilmember Reid Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter
12.56 (Sound Amplification Equipment) To Allow The City Of Oakland To Issue Up To Ten Permits Per Calendar Year For Amplified Sound Until Eleven O’clock (11:00) P.M. In The Oakland Coliseum For A Three-Year Pilot Period (2024-2026); And Adopting Appropriate California Environmental Quality Act Findings
S5.14
23-0581
View Report And Attachments A And B
View Legislation
Attachments:
ACTION ON THIS ITEM WILL RESULT IN INTRODUCTION (First Reading) OF THIS ORDINANCE.
FINAL PASSAGE (Second Reading) WILL OCCUR ON FEBRUARY 6, 2024.
Legislative History
6/29/23 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
Title Change read into record approved
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
7/13/23 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
A Title Change was accepted
12/7/23 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
A Title Change Was Accepted
1/9/24 *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
0 Speakers Spoke On This Item
The CED Committee Approved The Recommendations Of Staff And To Forward This Item To The January 16, 2024 City Council Agenda On Consent 1/11/24 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
Subject: Accept And Appropriate Funding For Low-Income Home Electrification Consistent With The Equitable Climate Action Plan
From: Office Of The City Administrator
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Funding For Low-Income Residential Electrification Projects And Related Activities Totaling $99,974.48 From The International Council For Local Environmental Initiatives (ICLEI) And Habitat For Humanity East Bay Silicon Valley To Further The City’s Climate, Electrification, And Resilience Goals; And Making Appropriate California Environmental Quality Act Findings
S5.15
23-0990
Sponsors: Office Of The City Administrator
View Report
View Legislation
Attachments:
Legislative History
12/14/23 *Rules & Legislation
Committee
Scheduled to the *Community & Economic
Development Committee
A Title Change Was Accepted
1/9/24 *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
0 Speakers Spoke On This Item
The CED Committee Approved The Recommendations Of Staff And To Forward This Item To The January 16, 2024 City Council Agenda On Consent
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
1/11/24 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Consent
Subject: 2023-2025 BSCC Officer Wellness And Mental Health Grant From: Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate The Fiscal Years 2023-2025 Board Of State And Community Corrections Officer Wellness And Mental Health Grant Program Funds In The Amount Of Four Hundred Eighty-Three Thousand Thirty-Two Dollars And Eighty-Seven Cents ($483,032.87) To Enhance Mental Health And Overall Wellness Of Oakland Police Officers S5.16
23-0965
Sponsors: Oakland Police Department
View Report
View Legislation
Attachments:
Legislative History
11/30/23 *Rules & Legislation
Committee
Scheduled to the *Public Safety Committee
1/11/24 *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: Lynne McDonald, Et Al. 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 Lynne McDonald And David Barr V. City Of Oakland, Contra Costa County, And Does 1 Through 50, Alameda County Superior Court Case No. RG18931020, City Attorney File No. 32944, In The Amount Of Six Million Five Hundred Thousand Dollars And Zero Cents ($6,500,000.00) (Department Of Transportation - Dangerous Condition Of Public Property) S5.17
24-0020
Sponsors: Office Of The City Attorney
View Report
View Legislation
Attachments:
This item was placed on the agenda by the 1/11/2024 Rules and Legislation Committee.
This item requires an Urgency Finding (2/3 majority vote) pursuant to Section 2.20.080 E(2) of the Sunshine Ordinance, prior to hearing the item.
Legislative History
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
1/11/24 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
Councilmember Fife made a motion seconded by President Pro Tempore to approve the urgency finding on item 3.1 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 is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting; Motion passed by 4 Ayes: Fife, Kalb, Ramachandran and Fortunato Bas
Pursuant to Rule 24, a statement was made on record as to the item bypassing committee.
On Consent
ACTION ON THE NON-CONSENT CALENDAR PORTION OF THE AGENDA WILL COMMENCE AT 5:00 P.M., OR AS SOON THEREAFTER AS REASONABLY PRACTICABLE:
6 CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
Subject: Appeal Of PLN20125 Residential Project At 1431 Franklin Street From: Planning And Building Department
Recommendation: Conduct A Public Hearing, And Upon Conclusion, Adopt One Of The Following Three Options:
1) A Resolution Denying The Appeal By Geoffrey Pete And Uphold The Planning Commission’s Environmental Determination And Approval Of Two Major Conditional Use Permits And Regular Design Review For The Construction Of A 40-Story Residential Tower With 381 Dwelling Units And An Above Grade Parking Garage At 1431 Franklin Street, Oakland, CA (Project Case No. PLN20125); Or
Provided The City Council Can Make The Appropriate Findings, Either
6.1 23-0802
Sponsors: Planning & Building Department
View Report
View Attachment A1
View Attachment A2
ViewAttachment A3
View Attachment A4
View Attachment B
View Attachment C
View Legislation
View Supplemental Attachment A4 - 1/4/2024
Attachments:
Legislative History
10/12/23 *Rules & Legislation
Committee
Continued to the *Rules & Legislation
Committee
A Title Change Was Accepted
10/19/23 *Rules & Legislation
Committee
Scheduled to the *Rules & Legislation
Committee
The Committee Approved To Place This Item On The Rules And Legislation Committee Pending List - No Date Specific.
10/26/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
As A Public Hearing
11/30/23 *Rules & Legislation
Committee
* Withdrawn and Rescheduled to the *
Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the
City Council
As A Public Hearing
A Title Change Was Accepted
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
12/19/23 * 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
Councilmember Fife made a motion, seconded by Councilmember Gallo, to open the Public Hearing, and hearing no objections, the motion passed by 6 Ayes: Fife,Gallo,Jenkins, Kalb, Kaplan, and Fortunato Bas; 2 Excused: Reid and Ramachandran
Upon the reading of Item 8.1 by the City Clerk, the Public Hearing was opened at 9:36 p.m.
14 individuals spoke on this item.
At 11:38 p.m. Councilmember Fife made a motion, seconded by Council President Fortunato Bas, to close the Public Hearing and by the same motion adopt the Resolution with the following amendments:
Of Attachment A4: Conditions of Approval
No. 13, Construction Management Plan, adding:
The CMP shall provide for the following:
(1) the CMP shall specify the proposed construction days and hours, which shall be consistent with the City’s Standard Condition of Approval Number 34.
The CMP shall include provisions for the consideration of the event schedule for the businesses located at 410 14th Street and 420 14th Street to ensure to the extent feasible that the project will avoid scheduling extensive construction stages (such as concrete pouring) during those businesses’ scheduled events. A sign located at the Franklin Street frontage shall include the construction hours allowed onsite and project contacts for the community to contact regarding the construction. The project applicant’s contractor shall have a decibel reader on-hand onsite to evaluate total noise levels during construction and to ensure noise attenuation measures are consistent with Standard Conditions of Approval Numbers 35 and 36 and Oakland Planning Code Section 17.120.050.
(2) the project applicant shall make commercially reasonable efforts to minimize construction staging and logistical barriers along the frontage of the Project Site.
(3) the project applicant shall undertake noise reduction and vibration reduction plans with a licensed acoustical engineer and shall submit said plans as parts of the CMP. The noise reduction plan shall include on-site noise monitoring stations during construction or shall demonstrate with documentation why on-site noise monitoring stations are not feasible. (4) the project applicant shall not remove the existing fire escape on the south end of the property any earlier than reasonably necessary to maintain the project’s construction schedule and shall give at least 14-days’ notice to adjacent property owners at 410 14th Street and 420 14th Street prior to the removal. The developer shall maintain the fire escape access to 410 14th Street
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
throughout construction and after.
(5) The project applicant shall be required to include in the CMP protections from falling debris for neighboring sites.
(6) The CMP shall document that the applicant held a community meeting with the public providing an opportunity for the public to comment on the CMP. (7) The neighboring properties are intended beneficiaries of the CMP.
No. 39, Exposure to Community Noise, adding:
The Noise Reduction Plan shall specifically consider and include measurements of noise generated during events occurring at the businesses located at 410 14th Street (Geoffrey’s Inner Circle) and 420 14th Street (Complex Oakland) and shall provide recommendations for noise reduction measures to improve the building acoustic performance to achieve acceptable interior noise levels when these events are occurring. South-facing windows where residential units are located on the internal side of the wall shall at minimum have a Sound Transmission Class (STC) rating of 29 or shall be capable of reducing the interior noise levels to 45 dBA as specified above, whichever is greater. The STC rating for the building shall meet a minimum sound isolation requirement of STC 60.
No. 40, Vibration Impacts on Adjacent Structures or Vibration-Sensitive Activities, to read:
Requirement: The project applicant shall submit a Vibrations Analysis prepared by an acoustical and/or structural engineer or other appropriate qualified professional for City review and approval that establishes pre-construction baseline conditions and threshold levels of vibration that could damage the structure and/or substantially interfere with activities located at the buildings adjacent to the project site of 1431 Franklin Street including but not limited to the building at 410 14th Street. The Vibration Analysis shall identify design means and methods of construction that shall be utilized in order to not exceed the thresholds. The applicant shall implement the recommendations during construction. These mandatory recommendations shall at minimum include the following: (I) vibratory rollers shall not be used; (II) no pile driving shall occur; and (III) large bulldozers and loaded trucks should maintain a minimum distance of 15 feet from sensitive receivers, or if not possible for the full length of construction, shall place limitations to the maximum extent feasible on any large bulldozers or loaded trucks within 15 feet from sensitive receivers.
No. 58 Public Art for Private Development, striking in full and replacing to read:
Requirement: The project is subject to the City's Public Art Requirements for Private Development, adopted by Ordinance No. 13275 C.M.S. ("Ordinance").
The public art contribution requirements are equivalent to one-half percent (0.5%) for the "residential" building development costs, and one percent (1.0%) for the "non-residential" building development costs.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
The contribution requirement can be met through: 1) the installation of freely accessible art at the site; 2) the installation of freely accessible art within one-quarter mile of the site; or 3) satisfaction of alternative compliance methods described in the Ordinance, including, but not limited to, payment of an in-lieu fee contribution.
The applicant shall provide proof of full payment of the in-lieu contribution and/or provide plans, for review and approval by the Planning Director, showing the installation or improvements required by the Ordinance prior to issuance of a building permit. Proof of installation of artwork, or other alternative requirement, is required prior to the City's issuance of a final certificate of occupancy for the project unless a separate legally binding instrument is executed ensuring compliance within a timely manner subject to City approval.
The applicant has proposed, and by this condition shall be required, to distribute twenty percent (20%) of the project’s public art requirement to the Malonga Casquelourd Center for the Arts Theater and the African American Museum and Library at Oakland (City-Owned Arts Facilities or Facilities), to be split equally between the two facilities. It would be the responsibility of the Facilities to obtain City approval for the capital improvement project and satisfy any City requirements for the application of the contributed funds.
The remaining portion of the public art requirement shall be met through the means provided in the Ordinance to be used to support of the Black Arts Movement and Business District with information on specific projects to return to City Council.
When Required: Payment of in-lieu fees and/or plans showing fulfillment of public art requirement Prior to Issuance of Building permit Installation of art/cultural space Prior to
Issuance of a Certificate of Occupancy.
Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
Adding new Condition of Approval No. 59, to read
59. Statement of Disclosure to Tenants
Requirement: The project applicant shall develop a statement of disclosure to be included on all leases acknowledging all existing entertainment uses adjacent to the property to ensure that residents are informed of the potential for sound emanating from these entertainment venues. The project applicant shall submit the draft statement of disclosure for review and approval by the Bureau of Planning. The statement described in this condition shall also be provided to any new owner(s) of the property and recorded against the Property so that it runs with the land to provide constructive notice to any successive owner(s) and is revocable only upon written consent of the City Administrator or their designee.
When Required: Development of Statement of Disclosure – Prior to Issuance of
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
Building Permit; Inclusion of Statement of Disclosure in Leases – Ongoing.
Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
The vote on the motion was as follows:
4 Ayes: Fife, Kalb, Kaplan, and Fortunato Bas; 1 NO: Gallo; 1 Abstention:
Jenkins; 2 Excused/Absent: Reid and Ramachandran
Pursuant to charter sections 200 and 305(i), the absences and abstentions were counted as “no” votes resulting in a tie vote (4 ayes and 4 noes) and the item was continued to the January 16, 2024 to allow the mayor the option to cast the tie breaking vote.
2) A Motion To Direct Staff To Prepare A Resolution For Future City Council Consideration To Deny The Appeal With Additional Conditions; Or 23-0981
Legislative History
12/19/23 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
No Action Taken
Councilmember Fife made a motion, seconded by Councilmember Gallo, to open the Public Hearing, and hearing no objections, the motion passed by 6 Ayes: Fife,Gallo,Jenkins, Kalb, Kaplan, and Fortunato Bas; 2 Excused: Reid and Ramachandran
Upon the reading of Item 8.1 by the City Clerk, the Public Hearing was opened at 9:36 p.m.
14 individuals spoke on this item.
At 11:38 p.m. Councilmember Fife made a motion, seconded by Council President Fortunato Bas, to close the Public Hearing
3) A Motion To Direct The City Administrator Or Designee To Prepare A Resolution For Future City Council Consideration To Uphold The Appeal
23-0982
Sponsors: Planning & Building Department
Legislative History
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
12/19/23 * Concurrent Meeting of the
Oakland Redevelopment
Successor Agency and the
City Council
No Action Taken
Councilmember Fife made a motion, seconded by Councilmember Gallo, to open the Public Hearing, and hearing no objections, the motion passed by 6 Ayes: Fife,Gallo,Jenkins, Kalb, Kaplan, and Fortunato Bas; 2 Excused: Reid and Ramachandran
Upon the reading of Item 8.1 by the City Clerk, the Public Hearing was opened at 9:36 p.m.
14 individuals spoke on this item.
At 11:38 p.m. Councilmember Fife made a motion, seconded by Council President Fortunato Bas, to close the Public Hearing
ITEM 6.2 REGARDING THE 2022/23 CONSOLIDATED ANNUAL PERFORMANCE &
EVALUATION REPORT WAS WITHDRAWN FROM THIS AGENDA AND RESCHEDULED TO THE FEBRUARY 13, 2023 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA AND ON THE FEBRUARY 20, 2024 CITY COUNCIL AGENDA AS A PUBLIC HEARING Subject: Vacate A Portion Of Sewer Easement At 2359 Harrison Street From: Transportation Department
Recommendation: Adopt A Resolution Vacating A Portion Of The Public Sewer Easement At 2359 Harrison Street To The Property Owner, NASH - Holland 24th And Waverly Investors, LLC, And Adopting Appropriate California Environmental Quality Act Findings
S6.3
23-0047
Sponsors: Transportation Department
View Report
View Legislation
View Report - 12/27/2023
View Legislation And Exhibits A And B - 12/27/2023
View Supplemental Legislation - 1/11/2024
Attachments:
Legislative History
1/26/23 *Rules & Legislation
Committee
Scheduled to the *Public Works Committee
As a Public Hearing
2/9/23 *Rules & Legislation
Committee
Withdrawn with No New Date
12/14/23 *Rules & Legislation
Committee
Scheduled to the * Public Works And
Transportation Committee
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
1/11/24 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
As A Public Hearing
Pursuant to Rule 24, a statement was made on record as to the item bypassing committee.
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
Subject: OPD Biannual Staffing Report
From: Oakland Police Department
Recommendation: Receive An Informational Report Of The Oakland Police Department’s 2023 Biannual Staffing Levels As of September 30, 2023
7.1 23-0838
Sponsors: Oakland Police Department
View ReportAttachments:
Legislative History
10/19/23 *Rules & Legislation
Committee
Scheduled to the *Public Safety Committee
11/30/23 *Rules & Legislation
Committee
* Withdrawn and Rescheduled to the *
Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the
City Council
On Non-Consent
12/19/23 * 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
0 Speakers Spoke On This Item
Subject: Informational Report Pursuant To Resolution No. 89906 From: Office Of The City Administrator
Recommendation: Receive An Informational Report In Response To Resolution No. 89906 On Prioritizing Public Safety
7.2 23-0974
Sponsors: Office Of The City Administrator
View Report
View Supplemental Report - 1/12/2024
View Attachment A
View Attachment B
Attachments:
Legislative History
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
12/7/23 *Rules & Legislation
Committee
Scheduled to the * Concurrent Meeting of
the Oakland Redevelopment Successor
Agency and the City Council
On Non-Consent
Pursuant to Rule 24, a statement was made on record as to the item bypassing committee.
12/19/23 * 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
0 Speakers Spoke On This Item
COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
OPEN FORUM
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 9:30 P.M., Except That The Council May Extend The Time For The Meeting In One-Hour Increments By An Affirmative Vote Of 5 Councilmembers Up To 11:30 P.M. And By An Affirmative Vote Of 6 Councilmembers Beyond 11:30 P.M.
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January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Agenda -
SUPPLEMENTAL
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
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