Agenda Items

Meeting Time: July 18, 2023 at 2:00pm PDT
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Agenda Items

Pursuant to California Government Code ยง 54953: Councilmember Treva Reid is Participating By Teleconference at: Courtyard by Marriott, 6 E. 4th Street, Cincinnati, OH 45202

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3.1 23-0527 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

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3.2 23-0553 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

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4 23-0586 APPROVAL OF THE DRAFT MINUTES FROM THE MEETINGS OF JUNE 14, 2023, JUNE 20, 2023, JUNE 26, 2023 AND JUNE 28, 2023

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5 MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS (Requests To: Reschedule Items From Consent To Non-Consent To The Next Council Agenda, Speak On Consent Calendar, Register Votes, Change Order Of Items, Reconsiderations, Pull Items Held In Committee):

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6.1 23-0529 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;

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6.2 23-0532 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

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6.3 23-0587 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

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6.4 23-0588 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

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6.5 23-0589 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

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6.6 23-0494 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

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6.7 23-0428 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

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6.8 23-0429 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

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6.9 23-0346 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

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6.10 23-0477 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

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6.11 23-0579 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)

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6.12 23-0580 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)

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6.13 23-0421 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

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6.14 23-0460 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

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6.15 23-0547 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

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6.16 23-0548 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

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6.17 23-0550 Subject: OPD MOU With Drug Enforcement Administration (DEA) From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Understanding (MOU) Through December 31, 2023 With The United States Department Of Justice, Drug Enforcement Administration (DEA) And The Oakland Police Department (OPD) DEA Task Force Group (Task Force) To Collaborate On Information Sharing And Focused Operations To Disrupt Illegal Drug Activity Occurring In The City Of Oakland

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6.18 23-0474 Subject: 14th Street Safe Routes In The City Construction Contract Award From: Transportation Department Recommendation: Adopt A Resolution Awarding A Construction Contract To McGuire & Hester For The 14th Street Safe Routes In The City Project, Project No. 1003959, The Lowest, Responsible, And Responsive Bidder In Accordance With Project Plans, Specifications, State Requirements, And With Contractor's Bid In The Amount Of Fifteen Million, Five Hundred Seventy-Five Thousand Sixty-Three Dollars ($15,575,063.00); And Adopting Appropriate California Environmental Quality Act (CEQA) Findings

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6.19 23-0461 Subject: FEMA Grants For Residential Soft-Story Seismic Retrofits From: Housing And Community Development Department Recommendation: Adopt A Resolution (1) Authorizing The City Administrator To Apply For, Accept, And Appropriate Up To Ten Million Dollars ($10,000,000) In Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) And The Governor's Office Of Emergency Services (CalOES); And (2) Authorizing The City Administrator To Apply For, Accept, And Appropriate Up To Three Million Three Hundred Thirty-Three Thousand Three Hundred Thirty-Three Dollars ($3,333,333) In Prepare California Match Program Funds From CalOES To Continue The Soft Story Apartment Seismic Retrofit Grant Program

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6.20 23-0339 Subject: General Plan And Housing Element Annual Progress Reports For Calendar Year 2022 From: Planning And Building Department And Housing And Community Development Department Recommendation: Receive An Informational Report On The City Of Oakland's General Plan And Housing Element Annual Progress Reports For Calendar Year 2022

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6.21 23-0432 Subject: Disparities In Contracting Study Update From: Councilmember Fife Recommendation: Receive An Informational Report From The City Administrator On The Status Of The Disparities In Contracting Study Being Conducted By Mason Tillman Associates (MTA) Pursuant To Resolution 89058 C.M.S, Including MTA's Findings To Date Regarding Disparities In The City's Professional Services, Procurement, And Construction Contracting Activities And A Timeline On When The Final Report Would Be Presented To The City Council

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6.22 23-0520 Subject: Board Of Port Commissioners From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointments Of Jahmese Myers And Stephanie Dominguez Walton As Members Of The Board Of Port Commissioners

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6.23 23-0584 Subject: Undergrounding Of Power Lines In Very High Fire Severity Zone From: Councilmember Ramachandran Recommendation: Adopt A Resolution Requesting That Pacific Gas And Electric (PG&E), Office Of Energy Infrastructure Safety (OEIS) And The California Public Utilities Commission (CPUC) Commence The Review And Approval Process For The Undergrounding Of Overhead Power Lines In The Oakland Very High Fire Severity Zone, Including The Montclair District And Several Neighborhoods In East Oakland, As A Critical Matter Of Public Safety To Reduce Wildfire Risk And The Potential For Fatalities Due To The Area's Imminent Risk Of Fire, Population Density, And Extraordinary Challenges For Egress And Ingress Routes

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6.24 23-0585 Subject: Settle The Claim Of Makyla Brown From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Makyla Brown, City Attorney File No. C34366, For The Sum Of Four Hundred Thousand Dollars And No Cents ($400,000.00) (Oakland Police Department - Excessive Force)

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6.25 23-0591 Subject: National League Of Cities Appointments From: Council President Fortunato Bas Recommendation: Adopt A Resolution Appointing Council President Nikki Fortunato Bas As Voting Delegate To Represent The City Of Oakland At The Annual National League Of Cities Conference November 16-18, 2023 In Atlanta, Georgia, And Appointing Councilmember Carroll Fife To Represent The City Of Oakland As An Alternate Voting Delegate, Including Approval Of Travel Expenses For Attending The 2023 Conference

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6.26 23-0592 Subject: California League Of Cities Appointments From: Council President Fortunato Bas Recommendation: Adopt A Resolution Appointing Councilmember Dan Kalb As Voting Delegate To Represent The City Of Oakland At The Annual League Of California Cities' 2023 Conference September 20-22, 2023 In Sacramento, And Appointing Councilmember Noel Gallo To Represent The City Of Oakland As Alternate Voting Delegate, Including Approval Of Travel Expenses For Attending The 2023 Conference

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6.27 23-0593 Subject: Resolution In Support Of Net Energy Metering In California From: President Pro Tempore Kalb And Council President Fortunato Bas Recommendation: Adopt A Resolution In Support Of Net Energy Metering For Multi-Family Housing And Schools To Protect California Renters' And School District's Access To Bill Credits And The Environmental Benefits Of Rooftop Solar

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6.28 23-0594 Subject: Resolution In Support Of SB 252 (Gonzalez) From: President Pro Tempore Kalb Recommendation: Adopt A Resolution In Support Of SB 252 (Gonzalez) Requiring The California Public Employees Retirement System (CalPERS) To Refrain From Making New Investments Or Renewing Existing Ones In Fossil Fuel Companies

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6.29 23-0595 Subject: Resolution In Support Of SB 272 (Laird) From: President Pro Tempore Kalb Recommendation: Adopt A Resolution In Support Of SB 272 (Laird), To Ensure Consistent, Comprehensive Local Planning For Sea Level Rise In California

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6.30 23-0596 Subject: Mural Grant To Studio Naga From: President Pro Tempore Kalb Recommendation: Adopt A Resolution Awarding A Grant In The Amount Of $11,000 From President Pro Tem Kalb's Mural Funds (Fund 85521) To Artist Debra Koppman For A Community Mural Outside Studio Naga Indo-American Martial Arts At 5850 San Pablo Avenue

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6.31 23-0597 Subject: Cannabis Workforce Certification And On The Job Training Programs From: Economic Workforce Development Department Recommendation: Adopt A Resolution (1) Authorizing The City Administrator To Enter Into A Professional Services Agreement With C4C, Inc. (DBA Case 4 Cannabis) For A Two-Year Period In An Amount Not To Exceed Seven Hundred And Forty-Five Thousand Three Hundred And Fifty-Seven Dollars ($745,357) To Implement Cannabis Workforce Certification And On The Job Training Programs For Equity Employees; And (2) Authorizing The Carryover Of Unspent Fiscal Year 2022-2023 General Purpose Funds In An Amount Not To Exceed One Million Five Hundred Thousand Dollars ($1,500,000) To Fiscal Years 2023-2025 To Implement The Cannabis Workforce Certification And On The Job Training Programs For Equity Employees

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6.32 23-0598 Subject: ITD Enterprise Systems From: Information Technology Department Recommendation: Adopt A Resolution Authorizing The City Administrator (1) To Enter Into Renewal Agreements For On-Going Information Technology Operations And Maintenance Agreements; And (2) To Enter Into Hardware, Software, Data, Storage, Professional Services And Maintenance Agreements To Upgrade And Enhance Existing Systems, Including, But Not Limited To Oracle, Microsoft, Geographic Information Systems And Public Safety Systems; Waiving The Multi-Step Solicitation Process And, To The Extent Necessary, The Local/Small Local Business Enterprise Program Requirements For Information Technology Agreements For Fiscal Year (FY) 2023 Through 2025, Including Multi-Year Agreements Entered Or Renewed During FY 2023 Through 2025 With Terms That Extend Beyond The Two-Year Period; And Sunsetting City Resolution 84579 C.M.S. (2013)

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6.33 23-0599 Subject: Coliseum Connections Relocation Assistance From: Councilmember Kaplan, Council President Fortunato Bas, Councilmember Fife, And Councilmember Jenkins Recommendation: Adopt An Emergency Ordinance (1) Amending Resolution No. 89605 C.M.S, Which Allocated $750,000 In Former Redevelopment Funds In The Affordable Housing Trust Fund To The Affordable Housing Health And Safety Rehabilitation Program And Authorized The Use Of Those Funds For Relocation Assistance To Low Income Tenants, To Allow The Use Of Such Funds For Relocation Of Tenants Of The Coliseum Connections Project At 801 71st Avenue Without Regard To Income, And To Allocate An Additional $650,000 In Former Redevelopment Funds For This Purpose, (2) Waiving The Low Income Restrictions In Oakland Municipal Code Section 15.62.040.C On The Use Of Former Redevelopment Funds For Relocation Or Rehousing Of Coliseum Connections Tenants, And (3) Amending Resolution No. 89672 C.M.S., Which Authorized Contracts For Lodging Displaced Coliseum Connections Tenants Until The Earlier Of July 31, 2023, Or The Completion Of Repairs, To Extend This Authority To The Date Coliseum Connections Is Ready For Re-Occupancy

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