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
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Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandca.gov
3:30 PM City Council Chamber, 3rd FloorTuesday, January 16, 2024 The Oakland Redevelopment Successor Agency and the City Council convened at 3:45 p.m., with Council President Fortunato Bas presiding as Chairperson.
Under AB 2449, Councilmember Kaplan invoked a “just cause” as a basis for participating remotely.
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 / 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.
3.1 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 23-0989
View Legislation
90067 C.M.S.
Attachments:
3 Individuals Spoke On This Item
A motion was made by Treva Reid, seconded by Nikki Fortunato Bas, that this matter be Adopted. The motion carried by the following vote:
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
S3.2 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
24-0004
View Legislation
View Supplemental Legislation - 1/10/2024
90068 C.M.S.
Attachments:
8 Speakers Spoke On This Item
A motion was made by Carroll Fife, seconded by Treva Reid, that this matter be Adopted. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
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):
Councilmember Fife made a scheduling motion, seconded by Councilmember Kaplan. The motion passed with 8 Ayes: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid and Fortunato Bas
A Resolution To Support And Strengthen The Black Arts Movement And Business District Was Scheduled to The February 27, 2024 Community And Economic Development Committee Agenda.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
Subject: Councilmember Fife And Councilmember Kaplan
From: A Resolution To Support And Strengthen The Black Arts Movement And Business District
Recommendation: Adopt A Resolution To Support And Strengthen The Black Arts Movement And Business District, Including Directing The City Administrator To: (1) Implement A Series Of Public Streetscape Improvements, Including Public Banners, Along Oakland's Fourteenth Street Corridor, To Honor, Uplift, Commemorate, And Increase Public Awareness Of, Important Black Cultural, Sports, Arts, And Historical People And Institutions, And To Help Identify And Uplift The Corridor Being Known And Recognized As The Black Arts Movement And Business District; (2) Use Available Funds Including Available Art Funds And To Pursue Grants And Other Funding Sources To Support Arts, Music, Comedy, And Cultural Institutions In The District; Including The Preservation And Financial Support To Ensure Ongoing Viability Of Its Historic, Cornerstone African American Institutions, Including Geoffrey's Inner Circle; And To Make Resources Available To Businesses Such As Tenant Improvement, Facade Improvement, Place-Making, Space Activation, Accessibility, Etc. In The District; And (3) Work With The Planning And Building Department And Economic And Workforce Development Department To Adopt Policies And Plans To Further Strengthen The District And Ensure Long-Term Vitality, Support, And Prevent Conflicts, For Arts And Cultural Institutions And Activities In The District
24-0025
A motion was made by Carroll Fife, seconded by Rebecca Kaplan, that this matter be Scheduled to go before the *Community & Economic Development Committee, to be heard 2/27/2024. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
5 CONSENT CALENDAR (CC) ITEMS:
10 Speakers Spoke On This Item
Approval of the Consent Agenda
A motion was made by Kalb, seconded by Gallo, 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
5.1 Approval Of The Draft Minutes From The Meeting Of December 19, 2023 24-0003
View ReportAttachments:
This Report and Recommendation was Accepted.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
5.2 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
24-0000
View Legislation
90069 C.M.S.
Attachments:
This City Resolution was Adopted.
5.3 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
24-0001
View Legislation
90070 C.M.S.
Attachments:
This City Resolution was Adopted.
5.4 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
24-0002
View Legislation
90071 C.M.S.
Attachments:
This City Resolution was Adopted.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
5.5 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
23-0979
View Report
View Legislation
View Appendix A, B And C
View Supplemental Legislation - 12/14/2023
13778 C.M.S.
NOTICE AND DIGEST
Attachments:
This Ordinance was Approved for Final Passage.
5.6 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 23-0904
View Report
View Legislation
13779 C.MS.
NOTICE AND DIGEST
Attachments:
This Ordinance was Approved for Final Passage.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
5.7 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
23-0992
View Legislation
90072 C.M.S.
Attachments:
This City Resolution was Adopted.
ITEM 5.8 REGARDING A RESOLUTION HONORING THE LIFE OF EDDIE RUDOLPH DILLARD WAS MOVED TO CEREMONIAL ITEMS AND IS NOW ITEM S3.2
5.9 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
24-0006
View Report And Legislation
90073 C.M.S.
Attachments:
This City Resolution was Adopted.
5.10 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 24-0007
View Report And Legislation
90074 C.M.S.
Attachments:
This City Resolution was Adopted.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
5.11 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
24-0008
View Report And Legislation
90075 C.M.S.
Attachments:
This City Resolution was Adopted.
S5.12 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 23-0988
View Report
View Legislation And Exhibits A And B
View Supplemental Legislation And Exhibits A And B - January 5, 2024
90076 C.M.S.
Attachments:
This City Resolution was Adopted.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S5.13 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 23-0996
View Report
View Attachment A
View Attachment B
View Legislation
90077 C.M.S.
Attachments:
This City Resolution was Adopted.
S5.14 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 23-0581
View Report And Attachments A And B
View Legislation
NOTICE AND DIGEST
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 2/6/2024
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S5.15 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
23-0990
View Report
View Legislation
90078 C.M.S.
Attachments:
This City Resolution was Adopted.
S5.16 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
23-0965
View Report
View Legislation
90079 C.M.S.
Attachments:
This City Resolution was Adopted.
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
S5.17 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) 24-0020
View Report
View Legislation
90080 C.M.S.
Attachments:
President Pro Tempore Kalb made a motion seconded by Councilmember Gallo to approve the urgency finding on item S5.17 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 (1) 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 6 Ayes: Fife,Gallo, Jenkins, Kalb, Kaplan, and Fortunato Bas; 2 Excused: Ramachandran and Reid
This City Resolution was Adopted.
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 Minutes - FINAL
S6.3 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
23-0047
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
90081 C.M.S.
Attachments:
At 5:22 P.M. Councilmember Gallo made a motion, seconded by Councilmember Jenkins, to open the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Gallo,Jenkins, Kalb, Kaplan, Reid, Ramachandran, and Fortunato Bas; 1 Excused: Fife
Upon the reading of Item S6.3 by the City Clerk, the Public Hearing was opened. 2 individuals spoke on this item.
At 5:30 P.M. Councilmember Jenkins made a motion, seconded by Councilmember Fife, to close the Public Hearing, and hearing no objections, the motion passed by 8 Ayes: Fife,Gallo,Jenkins, Kalb, Kaplan, Reid, Ramachandran, and Fortunato Bas A motion was made by Kevin Jenkins, seconded by Carroll Fife, that this matter be Adopted. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
6.1 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 23-0802
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:
As a result of the appeal being withdrawn by appellant Geoffrey Pete, this item was withdrawn.
This City Resolution be Withdrawn with No New Date.
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
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
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 ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
7.2 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
23-0974
View Report
View Supplemental Report - 1/12/2024
View Attachment A
View Attachment B
Attachments:
12 Speakers Spoke On This Item
The Council Approved To Receive And File The Information Report With Direction For Two Informational Reports Regarding The Implementation Of Cease Fire Recommendations & A Status Report Update On Prioritizing Public Safety To Be Scheduled To An April 2024 Public Safety Committee Agenda A motion was made by Nikki Fortunato Bas, seconded by Dan Kalb, 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
Subject: Implementation Of Cease-Fire Recommendations
From: Office Of The City Administrator
Recommendation: Receive An Informational Report On The Implementation Of Cease-Fire Recommendations
24-0027
This Informational Report be Scheduled.to go before the *Public Safety Committee
Subject: 2024 Update On Prioritizing Public Safety
From: Office Of The City Administrator
Recommendation: Receive An Informational Report On The 2024 Update Regarding Prioritizing Public Safety In The City Of Oakland
24-0028
This Informational Report be Scheduled.to go before the *Public Safety Committee
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
7.1 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
23-0838
View Report
View Supplemental Report - 2/1/2024
Attachments:
2 Speakers Spoke On This Item.
The Council Approved To Continue This Item To The February 13, 2024 Public Safety Committee With Direction For The Report To Be Updated To Reflect 2023 Staffing Levels Through December 31, 2023; And For The Subsequent Report To Include The Following:
In The Chart On Page 10, Of Table 9, OPD Professional Staffing Vacancies, explain why there are only 5 hiring priorities when there are 67.5 vacancies.
Secondary status update of what the current status is for things dating back to August 2022;
More information regarding candidates being referred to background; Relay whether it is normal to wait 5-6 months for background checks or if there are other delays.
Regarding the position of Grant Coordinator, how long the department been without a grant coordinator? Who has assumed the role and responsibilities of grant coordinator?
Regarding the 12 vacancies in Police records, How long will the backgrounds take and is there a way to prioritize more than 5 roles when there are 67.5 vacancies A motion was made by Kevin Jenkins, seconded by Janani Ramachandran, that this matter be Continued to go before the *Public Safety Committee, to be heard 2/13/2024. The motion carried by the following vote:
Aye: Fife, Gallo, Kalb, Kaplan, Ramachandran, Reid, Fortunato Bas, and Jenkins8 - NO VOTE: 0
COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
OPEN FORUM
9 Individuals Spoke During Open Forum
January 16, 2024* Concurrent Meeting of the
Oakland Redevelopment Successor
Agency and the City Council
Meeting Minutes - FINAL
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.
There being no further business, the Council adjourned the meeting in memory of Eddie Dillard & OPD Officer Tuan Le at 9:20 p.m.
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