Agenda Items

Meeting Time: January 25, 2024 at 10:30am PST
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Agenda Items

2 24-0012 Approval Of The Draft Minutes From The Committee Meeting Of January 11, 2024

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3.0 24-0021 Subject: Trybe, Inc. License Agreement For Use Of The Clinton Square Park Community Center For Community Programming From: Council President Fortunato Bas Recommendation: [TITLE CHANGE] [NEW TITLE] Adopt An Ordinance (1) Authorizing The City Administrator To Negotiate And Execute A License Agreement With Trybe, Inc., A California Nonprofit Organization, For Year- Round Community Programming On The Clinton Square Community Center For A 1-Year Term With Two 1-Year Options, At A Rate Of Zero Dollars ($0.00) Per Year; (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 [OLD TITLE] Adopt An Ordinance Authorizing The City Administrator To Negotiate And Execute A License Agreement With Trybe, Inc., A California Nonprofit Organization For Year-Round Community Programming On The Clinton Square Community Center Effective March 1, 2024 Until February 28, 2025 At A Rate Of Zero Dollars ($0.00) Per Year; (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; On The February 6, 2024 City Council Agenda On Non-Consent

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3.1 24-0044 Subject: AC Transit Presentation On Phase 4 Of Their Realign Bus Network Project From: Office Of The City Administrator Recommendation: Receive A AC Transit Presentation To The Council On Phase 4 Of Their Realign Bus Network Project. The Phase 4 Realign Bus Network Engagement Period Commences On January 24, 2024, And Closes On March 13, 2024. The Presentation Will Provide Information On Their Draft Final Bus Service Plan Specific To Oakland; On The February 6, 2024 City Council Agenda As A Ceremonial

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3.2 24-0060 Subject: Sale Of 1150 And 1220 Harbor Bay Parkway, Alameda From: Economic & Workforce Development Department Recommendation: Adopt An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement With The County Of Alameda (County) And Prologis, L.P. For The Sale Of Property Owned By The City Of Oakland And The County, Each With An Undivided 50 Percent Interest, Formerly Known As The Raiders Training Facility, Located At 1150 And 1220 Harbor Bay Parkway, Alameda California, For Twenty Four Million Dollars ($24,000,000) Conditioned On A Lease To Oakland Pro Soccer LLC Or Its Affiliate, Owner Of The Oakland Roots And Soul Soccer Teams; And Adopt Findings Under The California Environmental Quality Act; On The February 6, 2024 City Council Agenda On Non-Consent

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3.3 24-0045 Subject: Ann Berlak 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 Ann Berlak V. City Of Oakland, And Does 1-100, Inclusive, Alameda County Superior Court Case No. 22cv078128, City Attorney's File No. 35002, In The Amount Of One Hundred Twenty Thousand Dollars And Zero Cents ($120,000.00) (Public Works - Dangerous Condition Of Public Property); On The February 6, 2024 City Council Agenda On Consent

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3.4 24-0046 Subject: Claim Of Dawn White And Liuyi Xu From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Dawn White And Liuyi Xu, City Attorney File No. C34897, In The Amount Of Sixty-Eight Thousand Nine Hundred Dollars And Fifty-Nine Cents ($68,900.59) (Department Of Public Works - Failed Storm Drain); On The February 6, 2024 City Council Agenda On Consent

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3.5 24-0047 Subject: Claim Of Seminary Havenscourt LP From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Seminary Havenscourt LP, City Attorney File No. C34946, In The Amount Of Sixty Thousand Eight Hundred Thirty-One Dollars And Twenty Six Cents ($60,831.26) (Department Of Public Works - Failed Storm Drain); On The February 6, 2024 City Council Agenda On Consent

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3.6 24-0048 Subject: Claim Of Crescent Villas HOA From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Crescent Villas HOA, City Attorney File No. C35918, In The Amount Of Thirty-Nine Thousand Nine Hundred Fifty-Five Dollars ($39,955.00) (Department Of Public Works - Failed Sewer Main); On The February 6, 2024 City Council Agenda On Consent

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3.7 24-0049 Subject: Julio Rodriguez Lemus 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 Julio Rodriguez Lemus V. City Of Oakland, Victor Garcia-Parra, Jr., And Does 1-30, Inclusive, Alameda County Superior Court Case No. 22cv005194, City Attorney's File No. 34527, In The Amount Of One Hundred Eighty-Five Thousand Dollars And Zero Cents ($185,000.00) (Oakland Police Department - Auto Accident); On The February 6, 2024 City Council Agenda On Consent

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3.8 24-0050 Subject: Gregory Miller 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 Gregory Miller V. City Of Oakland And Does 1-100, Alameda County Superior Court Case No. 22cv008896, City Attorney File No. 34100, In The Amount Of One Hundred Thousand Dollars And Zero Cents ($100,000) (Department Of Public Works, Dangerous Condition Of Public Property); On The February 6, 2024 City Council Agenda On Consent

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3.9 24-0039 Subject: Enhanced Infrastructure Financing District - Kosmont Report Review From: Finance Department Recommendation: Receive An Informational Report From The City Administrator Reviewing The Proposal To Establish An Enhanced Infrastructure Financing District (EIFD) Exclusively For East Oakland, Exclusively For West Oakland, And For East And West Oakland Combined; And Approve The Recommendation To Develop An Enhanced Infrastructure Financing District Policy; On The February 13, 2024 Finance And Management Committee Agenda

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3.10 24-0054 Subject: Authorize (FEMA) Grant Application For The Building Resilient Infrastructure And Communities Program From: Office Of The City Administrator Recommendation: Adopt A Resolution: (1) Authorizing The City Administrator To Submit A Grant Application To The Federal Emergency Management Agency (FEMA) For The Building Resilient Infrastructure And Communities Program For A Grant Up To Fifty-Six Million Dollars ($56,000,000), And Authorizing The Commitment Of The Required Non-Federal Match Of One Million Dollars ($1,000,000) And Annual Maintenance Commitment Letter For One Hundred Eighteen Thousand Four Hundred Fifty One Dollars ($118,451) From Measure U Funds For Flooding And Sea Level Rise Adaptation Projects Along San Leandro Creek, Doolittle Drive, And Oakland Airport North Field; (2) Authorizing The City Administrator To Accept And Appropriate The FEMA Grant, If Awarded, In An Amount Up To Fifty-Six Million Dollars ($56,000,000); (3) Authorizing The City Administrator To Apply For, Accept And Appropriate Required Non-Federal Match Funds From State, Regional And Local Sources, Both Public And Private, In An Amount Not To Exceed One Million Dollars ($1,000,000) In Lieu Of Measure U Funds, As An Additional Or Alternative Source Of Match Funds ; And (4) Making Appropriate California Environmental Quality Act Findings; On The February 13, 2024 Public Works And Transportation Committee Agenda

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3.11 24-0040 Subject: Funding For New Construction Affordable Housing Pipeline And Modifying Resolutions For State Funding From: Housing And Community Development Department Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Allocating Measure U Housing Bond Funds In A Total Amount Not To Exceed $22,000,000 To Fund New Construction Of Multifamily Rental Affordable Housing Projects, And Authorizing The City Administrator To Make Development Loans Under The New Construction Of Multifamily Rental Affordable Housing Program Without Returning To Council, Contingent On Funding Availability, And Modifying Allocations Of Prior California Department Of Housing & Community Development's (CA HCD) Local Housing Trust Fund Awards To Comply With State Program Requirements;

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24-0041 2) A Resolution Modifying City Council Resolution No. 88213, As Amended By City Council Resolution No. 89128 C.M.S., To Name The Position Of City Administrator Or Their Designee Or Successor As Authorized Executors Of California Department Of Housing & Community Development's (Ca HCD) Local Housing Trust Fund (LHTF) Program For The City's 2020 LHTF Award;

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24-0042 3) A Resolution Modifying City Council Resolution No. 88765 C.M.S., As Amended And Restated By City Council Resolution No. 89128 C.M.S., To Name The Position Of City Administrator Or Their Designee Or Their Successor As Authorized Executors Of California Department Of Housing & Community Development's (Ca HCD) Local Housing Trust Fund (LHTF) Program For The City's 2021 LHTF Award; And

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24-0043 4) A Resolution Amending And Restating Resolution No. 89975 C.M.S., Which Authorized Acceptance Of Funds Awarded Under Round Three Of The California Department Of Housing And Community Development's Homekey Program And Approved Affordable Housing Development Funding From Homekey And City Matching Funds For Imperial Inn (490 West Macarthur Boulevard), Dignity Village (9418 Edes/606 Clara Street), Kingdom Builders Transitional Housing (624 14th Street), The Maya (4715 Telegraph Avenue), And Csh Enterprise Housing (8471 Enterprise Way), To Allocate Homekey And City Funding To Each Of These Projects; On The February 13, 2024 Community And Economic Development Committee Agenda

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3.12 24-0051 Subject: LDDA, Lease, DDA And License Agreement For City-Owned Property At 73rd & Foothill From: Economic & Workforce Development Department Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance: A. Authorizing The City Administrator To Negotiate And Execute A Disposition And Development Agreement Between The City Of Oakland ("City") And Liberation Park Market Hall, Or Its Affiliates, For The Sale Of A Portion Of The City-Owned Property Located At 73rd Avenue And Foothill Boulevard ("Parcel 1") And Development Of A Mixed-Use Market Hall And Cultural Center On Parcel 1, For The Appraised $994,996 Fair Market Value, With A Term Of Two And One-Half Years With Two One-Year Administrative Extension Options; B. Adopting California Environmental Quality Act (CEQA) Findings

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24-0052 2) An Ordinance: A. Authorizing The City Administrator To Negotiate And Execute A Lease Disposition And Development Agreement Between The City And Liberation Park Residences, L.P. ("Residential Developer"), Or Its Affiliates, For Development Of 119 Units Of Affordable Housing On A Portion Of The City-Owned Property Located At 73rd Avenue And Foothill Boulevard ("Parcel 2"), With A Term Of Two And One-Half Years With Two One-Year Administrative Extension Options; B. Authorizing The City Administrator To Negotiate And Execute A 99-Year Ground Lease For A 55-Year Capitalized Loan In The Amount Equal To $1,505,004, With Fully Deferred Payments; C. Adopting California Environmental Quality Act (CEQA) Findings; And

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24-0053 3) An Ordinance: A. Authorizing The City Administrator To Negotiate And Execute An Extension To An Existing License Agreement By And Between The City And Black Cultural Zone Community Development Corporation, To Operate A Community Service Outdoor Market On The Property Located At 73rd Avenue And Foothill Boulevard For A Term Ending On The Earlier Of October 18, 2027, Or The Commencement Of Construction On Parcel 2, For A License Fee Of Five Hundred Dollars ($500) Per Month; B. Making Findings That The Below Market Rate License Fee Is In The Best Interests Of The City; C. Adopting California Environmental Quality Act (CEQA) Findings; On The February 13, 2024 Community And Economic Development Committee Agenda And On The February 20, 2024 City Council Agenda As Public Hearing

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3.13 24-0056 Subject: Award Construction Contracts For Mandela Parkway And Cary Avenue Trash Capture Projects From: Public Works Department Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution (1) Authorizing The City Administrator To Award A Construction Contract That Follows All City Advertising And Competitive Bidding Requirements To The Lowest Responsive And Responsible Bidder In Accord With Project Plans And Specifications And With The Contractor's Bid For Project No. 1006066 Mandela Parkway Trash Capture Project For An Amount Not To Exceed Three Million Seven Hundred Nineteen Thousand Three Hundred Thirty-Three Dollars ($3,719,333.00), Contingent Upon Caltrans Approval Of Additional Funding, Without Return To City Council; (2) And If No Valid Bids Are Received, Authorizing The City Administrator To Award A Construction Contract In The Open Market; And (3) Adopting Appropriate California Environmental Quality Act Findings For Project No. 1006066 Mandela Parkway Trash Capture Project; And

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24-0057 2) A Resolution (1) Authorizing The City Administrator To Award A Construction Contract That Follows All City Advertising And Competitive Bidding Requirements To The Lowest Responsive And Responsible Bidder, In Accord With Project Plans And Specifications And With Contractor's Bid For Project No. 1006466 Cary Avenue Trash Capture Project For An Amount Not To Exceed Three Million Thirty-Six Thousand One Hundred Forty-Five Dollars ($3,036,145.00), Contingent Upon Caltrans Approval Of Additional Funding, Without Return To City Council; (2) And If No Valid Bids Are Received, Authorizing The City Administrator To Award A Construction Contract In The Open Market; And (3) Adopting Appropriate California Environmental Quality Act Findings For Project No. 1006466 Cary Avenue Trash Capture Project; On The February 20, 2024 City Council Agenda On Consent

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3.14 24-0055 Subject: Approving A Records And Information Management Policy and Records Retention Schedule From: Office Of The City Clerk Recommendation: Adopt A Resolution Approving A Records And Information Management Policy, And A Related Records Retention Schedule; On The February 20, 2024 City Council Agenda On Non-Consent

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3.15 24-0058 Subject: Oakland Redevelopment Successor Agency (ORSA) Audit Report, FY 2022-23 From: Finance Department Recommendation: Receive The Oakland Redevelopment Successor Agency (ORSA) Audit Report For The Year Ended June 30, 2023; On The February 27, 2024 Finance And Management Committee Agenda

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3.16 24-0059 Subject: Report On Lead Settlement And Proactive Inspections From: Councilmember Fife Recommendation: Receive An Informational Report From The City Administrator On The City's Efforts To Establish An Equitable Lead Hazard Abatement Program (ELHAP) And A Proactive Rental Inspection Program (PRIP) As Described In The City's Racial Equity Impact Analysis On Eliminating Lead Paint Hazards, Including Information On The Following: (1) The Expected Timeline For Development Of ELHAP Using The Lead Settlement Funds And The Extent The City Will Partner With The County's Existing Lead Poisoning Prevention Program In The Development And Implementation Of The Program; (2) Potential Challenges In The Development And Implementation Of The ELHAP And Plans To Sustain The ELHAP After The Lead Settlement Funds Are Expended; (3) Plans For Establishing And Implementing A Proactive Rental Inspection Program (PRIP) For Rental Housing In Oakland And The Impact It Would Have In Identifying Lead Hazards In The City; And (4) Community Engagement Process In The Development And Implementation Of The ELHAP And PRIP; On The March 12, 2024 Life Enrichment Committee Agenda

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RECOMMENDATIONS FROM THE JANUARY 23, 2024 FINANCE AND MANAGEMENT COMMITTEE

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3.17 24-0017 Subject: Citywide Grant Management Software From: Finance Department Recommendation: Adopt A Resolution (1) Awarding A Professional Services Agreement To Streamlink Software Inc. To Provide Citywide Grant Management Software For A Term Of Four Years In An Amount Not To Exceed $800,000; And (2) Authorizing An Amendment To The Contract To Extend For Two Additional Years In An Amount Not To Exceed $120,000 For Each Year; And (3) Waiving The Competitive Multiple Step Proposal Solicitation Process, And The Local And Small Local Business Enterprise Program Requirements

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3.18 23-0817 Subject: Status Of Measure KK Projects And Expenditures Update For The Quarter Ending June 30, 2023 From: Finance Department Recommendation: Receive An Informational Report On Measure KK Projects And Expenditures Update For The Quarter That Ended On June 30, 2023

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3.19 23-0919 Subject: Fiscal Year 2022-23 Fourth Quarter (Q4) And FY 2023-24 First Quarter (Q1) Revenue And Expenditures (R&E) Report From: Finance Department Recommendation: Receive An Informational Report On Fiscal Year (FY) 2022-23 Fourth Quarter Revenue And Expenditure (R&E) Results And Year-End Summaries For The General Purpose Fund (GPF, 1010) And Select Funds, And Fiscal Year (FY) 2023-24 First Quarter Revenue And Expenditure (R&E) Year-End Projections For The General Purpose Fund (GPF, 1010) And Select Funds

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3.20 23-0837 Subject: OPD Overtime Report From: Oakland Police Department Recommendation: Receive An Informational Report Regarding OPD Overtime

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3.21 23-0955 Subject: Semi-Annual Staffing Report December 2023 From: 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 October 1, 2023, (2) The Budgeted Vacancy Rate For The Fiscal Year 2023/24, (3) The Vacancy Rates Of Regional Local Public Entities, (4) The Status Of Human Resources And Workforce Development Partnerships With Non-Profits To Recruit Oakland Residents For City Of Oakland Jobs, (5) The Analysis Of The City Workforce And Recruitment Conditions, And (6) A Summary Of Executive Search Recruitments

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RECOMMENDATIONS FROM THE JANUARY 23, 2024 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE

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3.22 23-0978 Subject: Impact Fees Annual Report For Fiscal Year (FY) 2022-23 From: Planning And Building Department Recommendation: Receive The Annual Informational Report On The Affordable Housing, Transportation, Capital Improvements, And Jobs/Housing Impact Fees For Fiscal Year (FY) 2022-23

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3.23 24-0018 Subject: Loan For 12th Street Remainder Parcel 1 From: Economic And Workforce Development Department Recommendation: Adopt A Resolution Appropriating $4,000,000 From Ground Rent Loan Payment; Authorizing A $4,000,000 Loan To East 12th Street Housing, L.P. Funded By The Ground Rent Loan Payment For The Development Of 91 Units Of Affordable Housing On A Portion Of The 12th Street Remainder Property Located At East 12th Street And 2nd Avenue; And Adopting California Environmental Quality Act Findings

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RECOMMENDATIONS FROM THE CANCELLED JANUARY 23, 2024 PUBLIC SAFETY COMMITTEE

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3.24 23-0907 Subject: Informational Report On MACRO Program Operations From: Oakland Fire Department Recommendation: Receive An Informational Report On The Progress Of The City Of Oakland's Mobile Assistance Community Responders Of Oakland ("MACRO") Program

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5 24-0022 Subject: 2024 State And Federal Legislative Agenda And Summary Of 2023 State And Federal Legislative Achievements From: Council President Fortunato Bas And Mayor Thao Recommendation: Receive An Informational Report On The Proposed 2024 State And Federal Legislative Agenda And Summary Of 2023 State And Federal Legislative Achievements

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Open Forum

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