Special Concurrent Meeting of the Oakland Redevelopment Successor Agency / City Council / Geologic Hazard Abatement District Board

Agenda

1. PUBLIC PARTICIPATION The Public May Observe And/Or Participate In This Meeting Many Ways. OBSERVE: • To observe, the public may view the televised video conference by viewing KTOP channel 10 on Xfinity (Comcast) or ATT Channel 99 and locating City of Oakland KTOP - Channel 10 • To observe the meeting online from the City’s Agenda Meeting Calendar, at the noticed meeting time, please click on https://oakland.legistar.com/calendar.aspx and click on the “In Progress” link under “Video” for the corresponding meeting. • To observe the meeting by video conference, please click on this link: https://us02web.zoom.us/j/89659655572 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: 896 5965 5572 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. • 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 cityclerk@oaklandca.gov - Office of the City Clerk
2. 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.
3. Pursuant to California Government Code § 54953: Councilmember Treva Reid is Participating By Teleconference at: Courtyard by Marriott, 6 E. 4th Street, Cincinnati, OH 45202
4. Call To Order
5. ROLL CALL / CITY COUNCIL
6. ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations From The Mayor, Council Acknowledgements/Announcements):
7. 3.1 Subject: Resolution Commending And Honoring Ian Appleyard From: Councilmember Gallo, Human Resources Management Department And Office Of City Administration Recommendation: Adopt A Resolution Commending And Honoring Ian Appleyard For 20 Years Of Exemplary Service To The City Of Oakland And Congratulating Him Upon His Retirement
   City Resolution
   Action: Adopted Passed

   A motion was made by Noel Gallo, seconded by Dan Kalb, that this matter be Adopted. The motion carried by the following vote:

8. 3.2 Subject: Resolution Recognizing Team Oakland From: Councilmember Reid Recommendation: Adopt A Resolution Recognizing Team Oakland For Participating In The 2023 International Children's Games To Be Held In Daegu, South Korea
   City Resolution
   Action: Adopted Passed

   A motion was made by Treva Reid, seconded by Noel Gallo, that this matter be Adopted. The motion carried by the following vote:

9. 4 APPROVAL OF THE DRAFT MINUTES FROM THE MEETINGS OF JUNE 14, 2023, JUNE 20, 2023, JUNE 26, 2023 AND JUNE 28, 2023
   Report and Recommendation
   Action: Accepted Passed

   A motion was made by Rebecca Kaplan, seconded by Noel Gallo, that this matter be Accepted. The motion carried by the following vote:

10. 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):
11. CONSENT CALENDAR (CC) ITEMS:
12. AT THIS TIME, THE JOINT MEETING OF THE LEONA QUARRY AND OAKLAND AREA GEOLOGIC HAZARD ABATEMENT DISTRICTS SHALL BE CONVENED
13. 6.1 Subject: Leona Quarry GHAD Meeting From: Leona Quarry GHAD Recommendation: Adopt The Following Pieces Of Leona Quarry Geologic Hazard Abatement District (GHAD) Legislation: 1) A Leona Quarry GHAD Resolution No. 2023/01 Appointing Oakland City Council District 6 Representative As GHAD Chair;
    City Resolution
    Action: Adopted Passed

    A motion was made by Kevin Jenkins, seconded by Nikki Fortunato Bas, that this matter be Adopted. The motion carried by the following vote:

14. 23-0530 2) A Leona Quarry GHAD Resolution No. 2023/02 Reinstating A Levy In The Amount Of $728.93 For FY 2023/24 And Adopting The Annual GHAD Budget For Fiscal Year 2023/24, And Updating GHAD Manager Payment Limits Under The Existing Consulting Services Agreement, And
    City Resolution
    Action: Adopted as Amended Passed

    A motion was made by Kevin Jenkins, seconded by Nikki Fortunato Bas, that this matter be Adopted as Amended. The motion carried by the following vote:

15. 23-0531 3) A Leona Quarry GHAD Resolution No. 2023/03 Acknowledging Change In Law Firm Name To Fennemore Wendel Serving As GHAD Attorney And Clerk And Approving The Contract For Services
    City Resolution
    Action: Adopted Passed

    A motion was made by Kevin Jenkins, seconded by Nikki Fortunato Bas, that this matter be Adopted. The motion carried by the following vote:

16. 6.2 Subject: Oakland Area GHAD Meeting From: Oakland Area GHAD Recommendation: Adopt The Following Pieces Of Oakland Area Geologic Hazard Abatement District (GHAD) Legislation: 1) A Oakland Area GHAD Resolution No. 2023/01 Appointing Oakland City Council District 6 Representative As GHAD Chair
    City Resolution
    Action: Adopted Passed

    A motion was made by Kevin Jenkins, seconded by Rebecca Kaplan, that this matter be Adopted. The motion carried by the following vote:

17. 23-0533 2) A Oakland Area GHAD Resolution No. 2023/02 Adopting The Annual GHAD Budget For Fiscal Year 2023/24 And Updating GHAD General Manager Payment Limits Under The Existing Consulting Services Agreement
    City Resolution
    Action: Adopted Passed

18. 23-0534 3) A Oakland Area GHAD Resolution No. 2023/03 Acknowledging Change In Law Firm Name To Fennemore Wendel Serving As GHAD Attorney And Clerk And Approves Contract For Services
    City Resolution
    Action: Adopted Passed

    :

19. AT THIS TIME, THE JOINT MEETING OF THE LEONA QUARRY AND OAKLAND AREA GEOLOGIC HAZARD ABATEMENT DISTRICTS WILL BE ADJOURNED
20. 6.3 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
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

21. 6.4 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
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

22. 6.5 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
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

23. 6.6 Subject: Trybe, Inc. License Agreement For Use Of San Antonio Park Tennis Courts For Community Programming From: Council President Fortunato Bas Recommendation: Adopt An Ordinance Authorizing The City Administrator To Negotiate And Execute A License Agreement With Trybe, Inc., A California Nonprofit Organization, To Activate The San Antonio Park Tennis Courts For Town Nights And Year-Round Community Programming For A 1-Year Term With Two 1-Year Options At A Rate Of Zero Dollars ($0.00) Per Year, Effective June 1, 2023; (2) Making Findings That The License For Below Fair Market Value Is In The Best Interest Of The City; And (3) Making Appropriate California Environmental Quality Act Findings
    Ordinance
    Action: Approved for Final Passage Passed

    This Ordinance was Approved for Final Passage.

24. 6.7 Subject: Salary Ordinance Amendment For City Attorney And City Auditor From: Human Resources Management Department Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (“Salary Ordinance”) To Increase The Salary For City Attorney And City Auditor
    Ordinance
    Action: Approved for Final Passage Passed

    A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Approved for Final Passage. The motion carried by the following vote:

25. 6.8 Subject: Master Site License Agreement For Installation Of Electric Vehicle Fast Charging Infrastructure From: Transportation Department Recommendation: Adopt An Ordinance: (1) Authorizing The City Administrator To Negotiate And Execute With East Bay Community Energy (EBCE), A Not-For-Profit Joint Powers Authority (JPA), A Master Site License Agreement To Install And Operate Electric Vehicle Fast Charging Infrastructure For A Commercial Operation Term Of Fifteen (15) Years Each Not To Exceed July 30, 2040, At A Rate Of Zero Dollars ($0.00) Per Year And Subject To Potential Early Termination Damages For The Following Municipal Facilities: A. Piedmont Lot Located At 4050 Howe Street; B. Diamond Lot Located At 3400 Dimond Avenue; And C. Grand Avenue Lot Located At 3270 Grand Avenue; (2) Authorizing The City Administrator To Negotiate And Execute With EBCE A Site License Agreement For The City Center West Garage Located At 1250 Martin Luther King Junior Way Pursuant To Resolution No. 88855 C.M.S.; (3) Making Findings That The Licenses For A Below Fair Market Value Are In The Best Interest Of The City; (4) Declaring Such Municipal Facilities As Exempt Surplus Land Under The State Surplus Land Act; And (5) Adopting Appropriate California Environmental Quality Act (CEQA) Findings
    Ordinance
    Action: Approved for Final Passage Passed

    This Ordinance was Approved for Final Passage.

26. 6.9 Subject: Prohibiting Cannabis Cultivation Approvals On Parcels With Work/Live Or Residential Uses From: Economic And Workforce Development Department Recommendation: Adopt An Ordinance: (1) Amending Section 5.81.150 Of The Oakland Municipal Code To Prohibit The Approval And/Or Permitting Of Commercial Cannabis Cultivation At Locations: (A) Where “Work/Live” Type Uses, As Defined In Chapter 5.81 Of The Oakland Municipal Code, Existed As Of June 1, 2023 Or (B) Where Residential Uses Existed As Of June 1, 2023; And (2) Making California Environmental Quality Act Findings
    Ordinance
    Action: Approved for Final Passage Passed

    This Ordinance was Approved for Final Passage.

27. 6.10 Subject: The Civil Protection Of The People Of Oakland Ordinance From: Office Of The City Attorney, Director Flynn, Mayor Thao, City Administrator Falk, President Pro Tempore Kalb And Council President Fortunato Bas Recommendation: Adopt An Ordinance Adding Section 1.10 To The Oakland Municipal Code, Entitled “The Civil Protection Of The People Of Oakland Ordinance,” To Detail The City Attorney’s Authority To Bring Civil Actions To Protect The Health, Safety, And Welfare Of Oaklanders And Equitably Enforce Violations Of City Law, Consistent With The Charter
    Ordinance
    Action: Approved for Final Passage Passed

    This Ordinance was Approved for Final Passage.

28. 6.11 Subject: Rebecca Johnson V. City Of Oakland, Does 1-20 From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Rebecca Johnson V. City Of Oakland, And Does 1-20, Inclusive, Alameda County Superior Court Case No. 21CV004044, City Attorney’s File No. 34576, In The Amount Of One Hundred Seventy Five Thousand Dollars And No Cents ($175,000.00) (Department Of Transportation - Dangerous Condition Of Public Property)
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

29. 6.12 Subject: Timothy Michael Ryan 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 Timothy Michael Ryan V. City Of Oakland, Roland Holmgren, And Patrick Gonzales, United States District Court Case No. 4:22-CV-00521 DMR, City Attorney File No. X05376 For The Sum Of Four Hundred Thousand Dollars And No Cents ($400,000.00) (Oakland Police Department - Excessive Force)
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

30. 6.13 Subject: FY 2021-22 Annual Report On Grants, Gifts, And Donations Up To $50,000 From: Finance Department Recommendation: Receive An Annual Informational Report From The City Administrator On The Acceptance And Appropriation Of Restricted Grant Funds, Gifts, And Donations Of $50,000 Or Less For The Period Of July 1, 2021 Through June 30, 2022
    Informational Report
    Action: Received and Filed Passed

    This Informational Report was Received and Filed.

31. 6.14 Subject: Semi-Annual Staffing Report June 2023 Form: Human Resources Management Department Recommendation: Receive A Semi-Annual Informational Report On City-Wide Staffing From The City Administrator Regarding (1) The Vacancy Rates Of All City Departments Through May 1, 2023, (2) The Vacancy Rates of Regional Local Public Entities, (3) The Analysis Of The City Workforce And Recruitment Conditions, And (4) The Budgeted Vacancy Rate For The Fiscal Year 2023-24
    Informational Report
    Action: Received and Filed Passed

    This Informational Report was Received and Filed.

32. 6.15 Subject: OPD MOU With United States Marshals (USMS) From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Understanding (MOU) Through September 30, 2026 With The United States Marshals Service (USMS) To Allow Oakland Police Department (OPD) Participation In The Northern District Of California Regional Fugitive Taskforce For The Purpose Of Locating And Apprehending Fugitives
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

33. 6.16 Subject: OPD MOU With Alcohol, Tobacco, Firearms And Explosives (ATF) From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Understanding (MOU) Through September 30, 2026 With The Bureau Of Alcohol, Tobacco, Firearms And Explosives (ATF) And The Oakland Police Department (OPD) For OPD Participation In The ATF Taskforce And For The Purpose Of Reimbursement Of Overtime Salary And Other Costs Related To OPD Participation In The ATF Taskforce
    City Resolution
    Action: Adopted Passed

    This City Resolution was Adopted.

34. At 10:11 P.M. A motion was made by Councilmember Gallo, seconded by Councilmember Jenkins to extend the meeting past 10:00 P.M.. The motion carried with 6 Ayes; 2 Excused - Kaplan And Reid
35. COUNCIL PRESIDENT FORTUNATO BAS RELINQUISHED THE CHAIR AT 3:14 P.M. AND COUNCILMEMBER JENKINS PRESIDED AS CHAIRPERSON. AT 3:15 P.M. THE JOINT MEETING OF THE LEONA QUARRY AND OAKLAND AREA GEOLOGIC HAZARD ABATEMENT DISTRICTS CONVENED.
36. Councilmember Gallo was noted absent at 12:05 A.M.
37. Councilmember Ramachandran was noted present at 9:35 p.m.
38. AT 3:33 P.M. COUNCIL PRESIDENT FORTUNATO BAS RELINQUISHED THE CHAIR AND PRESIDENT PRO TEMPORE KALB PRESIDED AS CHAIRPERSON. AT 5:34 P.M. PRESIDENT PRO TEMPORE KALB RELINQUISHED THE CHAIR AND COUNCIL PRESIDENT BAS RESUMED PRESIDING AS CHAIR.
39. AT 9:02 P.M. A MOTION WAS MADE BY COUNCIL PRESIDENT BAS, SECONDED BY COUNCILMEMBER FIFE TO RECESS THE MEETING FOR 5 MINUTES UNTIL 9:08 P.M. THE MOTION PASSED. AT 9:14 P.M. THE MEETING RECONVENED FROM RECESS
40. Councilmember Ramachandran was noted absent at 9:14 p.m.
41. AT 3:30 P.M. THE JOINT MEETING OF THE LEONA QUARRY AND OAKLAND AREA GEOLOGIC HAZARD ABATEMENT DISTRICTS WAS ADJOURNED. CHAIR JENKINS RELINQUISHED THE CHAIR AT 3:30 P.M. AND COUNCIL PRESIDENT BAS AND RESUMED PRESIDING AS CHAIR.
42. 42 Approval of the Consent Agenda
    Action: Approved Passed

    A motion was made by Gallo, seconded by Kaplan, to approve the Consent Agenda. The motion carried by the following vote:

43. Councilmember Reid was noted excused at 9:23 p.m.
44. The Oakland Redevelopment Successor Agency / City Council convened at 2:15 P.M, with Council President Bas presiding as Chair Pursuant to California Government Code § 54953: Councilmember Treva Reid Participated By Teleconference at: Courtyard by Marriott, 6 E. 4th Street, Cincinnati, OH 45202 The Roll Call was modified to note Councilmember Kaplan present at 2:38 p.m.