Concurrent Meeting of the Oakland Redevelopment Successor Agency / City Council / Geologic Hazard Abatement District Board
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Agenda
- 1 Approval of the Consent AgendaAction: Approved Passed
A motion was made by Kalb, seconded by Taylor, to approve the Consent Agenda. The motion carried by the following vote:
- Upon the reading of Item 3.1 by the City Clerk, the Public Hearing was opened at 3:27 p.m. 0 individuals spoke on this item. Vice Mayor Reid made a motion, seconded by Councilmember Gallo, to close the Public Hearing, and hearing no objections, the motion passed by 8 Ayes: Bas, Gallo, Kalb, McElhaney, Reid, Taylor, Thao, and Kaplan.
- Upon the reading of Item 3.2 by the City Clerk, the Public Hearing was opened at 3:36 p.m. 0 individuals spoke on this item. Vice Mayor Reid made a motion, seconded by Councilmember Gallo, to close the Public Hearing, and hearing no objections, the motion passed by 8 Ayes: Bas, Gallo, Kalb, McElhaney, Reid, Taylor, Thao, and Kaplan.
- Upon the reading of Item 3.2 by the City Clerk, the Public Hearing was opened at 3:36 p.m. 1 individuals spoke on this item. President Pro Tem Kalb made a motion, seconded by Vice Mayor Reid, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Bas, Gallo, Kalb, Reid, Taylor, Thao, and Kaplan 1 Absent McElhaney
- Upon the reading of Item 3.3 by the City Clerk, the Public Hearing was opened at 3:42 p.m. 0 individuals spoke on this item. President Pro Tempore Kalb made a motion, seconded by Vice Mayor Reid, to close the Public Hearing, and by that same motion move option 1 and hearing no objections, the motion passed by 8 Ayes: Bas, Gallo, Kalb, McElhaney, Reid, Taylor, Thao, and Kaplan.
- Upon the reading of Item 3.5 by the City Clerk, the Public Hearing was opened at 4:39 p.m. 0 individuals spoke on this item. Councilmember McElhaney made a motion, seconded by President Kaplan, to close the Public Hearing, and by that same motion approving as amended upon introduction to strike the Tow and Survey Fee Increase and hearing no objections, the motion passed by 8 Ayes: Bas, Gallo, Kalb, McElhaney, Reid, Taylor, Thao, and Kaplan.
- Upon the reading of Item 3.4 by the City Clerk, the Public Hearing was opened at 5:58 p.m. 0 individuals spoke on this item. President Pro Tem Kalb made a motion, seconded by Vice Mayor Reid, to close the Public Hearing, and by that same motion move option 1 and hearing no objections, the motion passed by 7 Ayes: Bas, Gallo, Kalb, Reid, Taylor, Thao, and Kaplan 1 Absent McElhaney
- 20-0441 Subject: Zero Tolerance Policy For Racist Practices From: Vice Mayor Reid, Councilmembers Gallo, McElhaney, And Taylor Recommendation: Adopt A Resolution (1) Establishing A Zero Tolerance Policy For Racist Practices, Behaviors, And Actions Within The Oakland Police Department And All City Departments, Agencies And Divisions, And Units; (2) Urging The Civil Service Commission, Pursuant To Its Jurisdiction, To Adopt Rules Requiring The Disqualification Of Any Applicant For Employment For Specified Reasons, Including But Not Limited To The Uniformed Ranks Of The Oakland Police Department; And (3) Directing The City Administrator Not To Hire, And To Fire Police Officers And Other Employees For Such Specified ReasonsCity ResolutionAction: Referred
This City Resolution be Referred.to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 6/16/2020
- The Concurrent Meeting of the Oakland City Council and Successor Redevelopment Agency was held on the above date. Opening with the Role Call, the meeting was convened at 1:31 PM.
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- ROLL CALL / CITY COUNCIL
- PUBLIC COMMENT COMMENT ON ALL ACTION ITEMS WILL BE TAKEN AT AT THIS TIME. COMMENTS FOR ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM.
- CONSENT CALENDAR (CC) ITEMS:
- AT 2:48 PM, THE JOINT METING OF THE LEONA QUARRY AND OAKLAND AREA GEOLOGICAL HAZARD ABATEMENT DISTRICTS CONVENED
- 2.1 Subject: Leona Quarry and Oakland Area GHAD From: Oakland Area Geologic Hazard Abatement District Staff Recommendation: Adopt The Following Pieces Of Legislation: 1) A Oakland Area GHAD Resolution No. 2020/01 Adopting The GHAD Budget For Fiscal Year 2020/21 And Updating GHAD Manager Payment Limit Under Consulting Services Agreement; AndCity ResolutionAction: Adopted as Amended Passed
A motion was made by Loren Taylor, seconded by Lynette McElhaney, that this matter be Adopted as Amended. The motion carried by the following vote:
- 20-0405 2) A Leona Quarry GHAD Resolution No. 2020/01 Adopting The Annual GHAD Budget For Fiscal Year 2020/21, Updating GHAD Manager Payment Limits Under The Existing Consulting Services Agreement, And Reducing The Per Residential Unit LevyCity ResolutionAction: Adopted as Amended Passed
A motion was made by Loren Taylor, seconded by Lynette McElhaney, that this matter be Adopted as Amended. The motion carried by the following vote:
- AT THIS TIME, THE JOINT MEETING OF THE LEONA QUARRY AND OAKLAND AREA GEOLOGICAL HAZARD AND ABATEMENT DISTRICTS WILL BE ADJOURNED
- 2.2 Subject: FY 2020-21 Budget Options From: Finance Department Recommendation: Adopt The Following Pieces Of Legislation; 1) A Resolution Suspending The Contributions To The Other Post-Employment Benefits Trust For Fiscal Years 2019-20 And 2020-21 Pursuant To Section 5 Of The City Of Oakland Other Post-Employment Benefits Funding Policy (Resolution No. 87551 C.M.S.); AndCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 20-0412 2) A Resolution Authorizing The Use Of One-Time Revenues To Balance The Fiscal Year 2020-21 Budget Pursuant To Section 1, Part D Of The City Of Oakland Consolidated Fiscal Policy (Ordinance No. 13487 C.M.S.); AndCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 20-0413 3) A Resolution Authorizing The City Administrator To Restructure The Negative Funds Repayment Schedule Adopted By Resolution No. 87759 C.M.S. As Part Of The City’s Fiscal Year 2020-21 Budget By Postponing The Fiscal Year 2020-21 Payment And Extending The Final Payment Date By One YearCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.3 Subject: 7th & Campbell Affordable Housing Unsecured Predevelopment Loan From: Housing And Community Development Department Recommendation: Adopt A Resolution Authorizing The Increase Of An Unsecured Predevelopment Loan To Oakland And The World Enterprises, Inc. And McCormack Baron Salazar, Or Affiliated Entities, To Support The Development Of Affordable Housing At The 7th & Campbell Project Site By $1,550,000 From The Previously Approved $650,000 To A Total Predevelopment Loan Amount Not To Exceed $2,200,000; And Making California Environmental Quality Act Findings For This ActionCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.4 Subject: One Year Extension of City Lobbyist Contracts From: Office Of The Mayor Recommendation: Adopt A Resolution Amending City Council Resolution No. 86906 C.M.S. To Authorize A One-Year Contract Extension With Townsend Public Affairs To Serve As The City Of Oakland State Lobbyist From October 1, 2020 To September 30, 2021 For A Total Amount Not To Exceed $150,000, For A Total Contract Amount Of $600,000 (For A Total Of Four Years); And, To Serve As The City Of Oakland Federal Lobbyist From October 1, 2020 To September 30, 2021 For An Amount Not Exceed $72,000, For A Total Contract Amount Of $288,000 (For A Total Of Four Years); And Waiving The Advertising And Request For Proposal/Qualifications Requirement Associated With Said ContractsCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.5 Subject: Planning Commission Re-Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Jonathan Fearn To The City Planning CommissionCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.6 Subject: Local Early Action Planning Grant Funds From: Planning & Building Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Apply For, Accept And Appropriate Funds From The Local Government Planning Support Grant Program, Also Known As The Local Early Action Planning Grant Program, From The California Department Of Housing And Community Development In An Amount Not To Exceed Seven Hundred And Fifty Thousand Dollars ($750,000) To Provide Funding From July 1, 2020 Through December 31, 2023 For The Preparation, Adoption, And Implementation Of Plans And Policies That Streamline Housing Approvals, Accelerate Housing Production, And Increase Housing StockCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.7 Subject: Department Of Water Resources Courtland Creek Restoration Project Grant From: Oakland Public Works Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Apply For, Accept, And Appropriate Grant Funds In An Amount Not-To-Exceed One Million Dollars ($1,000,000) From The California Department Of Water Resources (DWR) Urban Streams Restoration Program To Implement The Courtland Creek Restoration Project (Project), And To Enter Into A Grant Agreement With DWR To Implement The ProjectCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.8 Subject: City Of Oakland V. Nerine Cherepy, 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 City Of Oakland V. Nerine Cherepy, Et Al., Alameda County Superior Court Case No. RG18896713 For Payment To The City Of Oakland In The Amount Of Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) Arising From Damage To Cavendish Road In Approximately February 2017 Caused By A Homeowner And Her Contractors.City ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.9 Subject: 2020-2021 Oakland Landscaping And Lighting Assessment District From: Finance Department Recommendation: Adopt A Resolution Repealing Resolution No. 88101 C.M.S. And 1) Reinitiating The Fiscal Year 2020-2021 Assessment Process For The City Of Oakland Landscaping And Lighting Assessment District (“LLAD”); 2) Approving The City Of Oakland LLAD Preliminary Engineer’s Report; 3) Declaring The Intention To Levy And Collect The Annual LLAD Assessment; And 4) Setting June 16, 2020 At 1:30 P.M. As The Date And Time For The Public HearingCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.10 Subject: Local Health Emergency For Oakland’s Black And Latinx Residents From: Vice Mayor Reid, Councilmember Gallo, McElhaney And Taylor Recommendation: Adopt A Resolution Amending Resolution No. 88118 C.M.S., Which Declared A Local Health Emergency For Oakland’s Black Residents Due To The Spread Of Covid-19 Locally And Its Devastating And Disparate Impact On Oakland’s Black Residents Pursuant To Government Code Section 8630, The Oakland City Administrator’s Proclamation Of Local Emergency On March 9, 2020, Ratified By The City Council On March 12, 2020, And The Emergency Health Orders Of The Alameda County Health Department And Governor Of The State Of California Related To Covid-19; To Extend The Declaration Of Local Health Emergency To Oakland’s LatinX ResidentsCity ResolutionAction: Adopted Passed
This City Resolution was Adopted.
- 2.11 Subject: FY 20-21 Cost-Of-Living Tax Adjustment, Fixing Rate Of Tax, & Levying Tax From: Finance Department Recommendation: Adopt An Ordinance 1) Authorizing A Fiscal Year 2020-21 Increase In The Rate Of Property Tax Imposed By Voter-Approved Measures; And 2) Fixing The Rate Of The Property Tax And Levying A Tax On Real And Personal Property In The City Of Oakland For Fiscal Year 2020-21 For The Emergency Medical Services Retention Act Of 1997 (Measure M), The Paramedic Services Act Of 1997 (Measure N), The Library Services Retention And Enhancement Act Of 2004 (Library Measure Q), The 2014 Oakland Public Safety And Services Violence Prevention Act (Measure Z), The 2018 Oakland Public Library Preservation Act (Measure D), And The 2020 Oakland Parks And Recreation Preservation, Litter Reduction, And Homelessness Support Act (Parks Measure Q)OrdinanceAction: Approved for Final Passage Passed
This Ordinance was Approved for Final Passage.
- 2.12 Subject: Miscellaneous Planning Code Amendments From: Planning And Building Department Recommendation: Adopt An Ordinance, As Recommended By The Planning Commission, Amending Oakland Planning Code Regulations Related To: The Appeals Process; Expiration Of A Variance; Home Occupation Regulations; Group Assembly Commercial Activities In The D-BV Zone; Appeal Of Determinations Regarding General Plan Consistency; Front Setbacks On Small Lots In The RM Zones; Location Of Commercial Facilities Above Residential Facilities; Consideration Of Design Review And Conditional Use Permit Applications With Subdivisions; Sidewalk Width Required For Sidewalk Cafes; Use Of Barbed And Razor Wire At Construction Sites; Height And Distance Of Walls From Open Space Zones And The Right Of Way; Permit Requirements For A Change In Alcohol Licenses; Carshare Requirements In The Downtown Zones; Timeframe Required To Approve A Final Planned Unit Development Permit; Defining Small Project Design Review As A Discretionary Project Under The California Environmental Quality Act; And Parking Requirements For Group Assembly Commercial Activities; And Make Appropriate California Environmental Quality Act DeterminationsOrdinanceAction: Approved for Final Passage Passed
This Ordinance was Approved for Final Passage.
- CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
- 3.1 Subject: Auto Repair In The D-BV-4 Zone From: Planning And Building Department Recommendation: Adopt An Ordinance, As Recommended By The Planning Commission, Amending Oakland Planning Code Regulations To Conditionally Permit Auto Repair And Cleaning Commercial Activities In The Broadway Valdez District - 4 ZoneOrdinanceAction: Approved On Introduction and Scheduled for Final Passage Passed
This Ordinance 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 6/9/2020
- 20-0385 2) A Resolution Approving A Conditional Use Permit And Regular Design Review For An Automotive Repair Facility At 401 27th Street And The Associated CEQA Exemption, As Recommended By The Planning CommissionCity ResolutionAction: Adopted Passed
A motion was made by Loren Taylor, seconded by Larry Reid, that this matter be Adopted. The motion carried by the following vote:
- 3.2 Subject: Delinquent Business Tax From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; OrCity ResolutionAction: Adopted Passed
A motion was made by Larry Reid, seconded by Noel Gallo, that this matter be Adopted. The motion carried by the following vote:
- 20-0389 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; OrCity ResolutionAction: No Action Taken
This City Resolution be No Action Taken.
- 20-0390 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Business Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 5.04 Of The Oakland Municipal CodeCity ResolutionAction: No Action Taken
This City Resolution be No Action Taken.
- 3.3 Subject: Delinquent Real Estate Property Transfer From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; OrCity ResolutionAction: Adopted Passed
A motion was made by Dan Kalb, seconded by Larry Reid, that this matter be Adopted. The motion carried by the following vote:
- 20-0401 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; OrCity ResolutionAction: No Action Taken
This City Resolution be No Action Taken.
- 20-0398 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Real Property Transfer Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 4.20 Of The Oakland Municipal CodeCity ResolutionAction: No Action Taken
This City Resolution be No Action Taken.
- 3.4 Subject: Mandatory Delinquent Trash Fees 2020 From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator For Delinquent Trash Service Fees With Administrative And Special Assessment Charges As Necessary Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing TheNotice Of Special Assessment Charges Be Turned Over To The County Tax Collector For Collection For The Monthly Periods Of October, November, December 2019, January,February, March 2020 And Quarterly Periods Of January-March, April-June 2020 (Option 1); OrCity ResolutionAction: Adopted Passed
A motion was made by Larry Reid, seconded by Loren Taylor, that this matter be Adopted. The motion carried by the following vote:
- 20-0399 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator For Delinquent Trash Service Fees With Administrative And Special Assessment Charges As Necessary Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Special Assessment Charges Be Turned Over To The County Tax Collector For Collection For The Monthly Periods Of October, November, December 2019, January, February, March 2020 and Quarterly Periods Of January-March, April-June 2020 (Option 2); orCity ResolutionAction: No Action Taken
This City Resolution be No Action Taken.
- 20-0400 3) A Resolution Continuing The Hearing Of The Reports Of The City Administrator On Delinquent Trash Service Fees With Administrative And Special Assessment Charges As Necessary Pursuant To Chapter 8.28 Of The Oakland Municipal Code For The Monthly Periods Of October, November, December 2019, January, February, March 2020 and Quarterly Periods Of January-March, April-June 2020 (Option 3).City ResolutionAction: No Action Taken
This City Resolution be No Action Taken.
- 3.5 Subject: Fiscal Year 2020-21 Master Fee Schedule From: Finance Department Recommendation: Adopt An Ordinance Amending Ordinance No. 13533 C.M.S. (The Fiscal Year 2019-20 Master Fee Schedule), As Amended To Establish, Modify And Delete Fees And Penalties Assessed By Offices, Departments, Bureaus, And Agencies Of The City Of Oakland, Referenced HereinOrdinanceAction: Approved As Amended On Introduction and Scheduled for Final Passage Passed
A motion was made by Lynette McElhaney, seconded by Rebecca Kaplan, that this matter be Approved As Amended On Introduction and Scheduled for Final Passage to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council, to be heard 6/9/2020. The motion carried by the following vote:
- 4 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION & DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONSAction: Accepted Passed
A motion was made that this matter be Accepted. The motion carried by the following vote:
- 5 DETERMINATION OF SCHEDULE OF OUTSTANDING COUNCIL ITEMSReport and RecommendationAction: Accepted Passed
A motion was made that this matter be Accepted. The motion carried by the following vote:
- ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
- 6 Subject: Support For ACA-5 (Weber, Gipson, And Santiago) From: Councilmember McElhaney, President Pro Tem Kalb And City Attorney Parker Recommendation: Adopt A Resolution In Support Of ACA 5 (Weber) A Ballot Initiative To Overturn Proposition 209 That Prevents The City Of Oakland And Other California Public Agencies From Remedying DiscriminationCity ResolutionAction: Adopted Passed
A motion was made by Lynette McElhaney, seconded by Sheng Thao, that this matter be Adopted. The motion carried by the following vote:
- 7 Subject: Resolution In Support Of Senate Bill 1190 (Durazo) From: President Pro Tem Kalb Recommendation: Adopt A Resolution In Support Of Senate Bill 1190 (Durazo) That Would (1) Extend The Protection Of Civil Code Section 1946.7 To Allow A Tenant To Terminate Their Tenancy If They Are A Victim Of A Crime That Caused Physical Injury, Emotional Injury And The Threat Of Physical Injury, Or Death; And (2) Give Local Governments Authority To Enforce The Tenant Protection Act Of 2019City ResolutionAction: Adopted Passed
A motion was made by Dan Kalb, seconded by Lynette McElhaney, that this matter be Adopted. The motion carried by the following vote:
- 8 Subject: FY 2020-21 Mid Cycle Budget Amendments From: Finance Department Recommendation: Adopt A Resolution Amending Resolution No. 87759 C.M.S., Which Adopted The City Of Oakland’s Fiscal Year 2019-21 Biennial Budget, To Make Mid-Cycle Budget Adjustments To: (1) Fiscal Year 2020-21 General Purpose Fund Revenue Projections; (2) Fiscal Year 2020-21 General Purpose Fund Appropriations; And (3) Fiscal Year 2020-21 Non-General Purpose Fund Revenue Projections And AppropriationsCity ResolutionAction: Continued Passed
A motion was made by Lynette McElhaney, seconded by Sheng Thao, that this matter be Continued to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council, to be heard 6/16/2020. The motion carried by the following vote:
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