body,date,text,page,path
RulesAndLegislationCommittee,2021-09-23,"City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza, Room 201
Oakland, California 94612
CITY OF OAKLAND
Meeting Minutes - FINAL
Thursday, September 23, 2021
10:30 AM
Please See The Agenda To Participate In the Meeting
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*Rules & Legislation Committee",1,RulesAndLegislationCommittee/2021-09-23.pdf
RulesAndLegislationCommittee,2021-09-23,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 23, 2021
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- Office of the City Clerk
City of Oakland
Page 1
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RulesAndLegislationCommittee,2021-09-23,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 23, 2021
The Oakland City Council Rules & Legislation Committee convened at 10:32 A.M. with
President Pro tempore Thao presiding as Chairperson.
COMMITTEE MEMBERSHIP:
Roll Call / Call To Order
Present 4 - Sheng Thao, Nikki Fortunato Bas, Carroll Fife, and Dan Kalb
1 PUBLIC COMMENT:
COMMENT ON ALL ACTION ITEMS WILL BE TAKEN AT THIS TIME. COMMENTS FOR
ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM
There was 9 Public Comment Speakers
2 There Are No Draft Minutes For Committee Approval
3 New Scheduling Items
DUE TO THE PRESENCE OF VICE MAYOR KAPLAN, A QUORUM OF THE CITY
COUNCIL WAS NOTED, AND A MOTION WAS MADE AND SECONDED TO
ADJOURN THE MEETING OF THE RULES AND LEGISLATION COMMITTEE, AND
TO CONVENE AS A SPECIAL MEETING OF THE FULL COUNCIL AT 10:52 A.M.
A motion was made that this matter be Approve with the following amendments.
The motion carried by the following vote:
Aye: 4 - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
3.1
Subject:
Report On Independent Investigation On Bey Cases
From:
Vice Mayor Kaplan
Recommendation: Receive An Informational Report On The Investigation Into The Bey
Cases, And Discuss Recommendations For Action To Bring About Reconciliation And
Restoration
20-0692
Attachments: View Report
View Supplemental Report - 5/7/2021
View Supplemental Report - 5/14/2021
View Supplemental Report Oakland's Black Officers Association -
5/14/2021
View Supplemental Report - 7/2/2021
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 11/9/2021
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
3.2
Subject:
Inter-Agency Report On Project Labor Agreements And Racial Equity Analysis
From:
Department Of Race And Equity
Recommendation: Receive A Report And Recommendations Regarding (1) The Project
Labor Agreement (PLA) Report Prepared By The Estolano Advisors And Related Racial
Equity Impact Analysis And (2) Recommendations To Guide Next Steps On
Consideration Of A City-Wide PLA
21-0690
Attachments: View Report
View Report Attachment A
View Report Attachment B
Approved As Non-Consent
This Report and Recommendation be Scheduled.to go before the * Concurrent
Meeting of the Oakland Redevelopment Successor Agency and the City Council
to be heard 10/5/2021
3.3
Subject:
As Part Of National Hispanic Heritage Month, Honoring Hispanic/ Latinx
Community Leaders
From:
Councilmember Gallo
Recommendation: Adopt A Resolution, As Part Of National Hispanic Heritage Month,
Honoring Hispanic/ Latinx Community Leaders In All Council Districts For Their Continual
Year-Round Work
21-0691
Approved to be scheduled to October 19, 2021
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.4
Subject:
Formation Of A Regional Vegetation Management Joint Powers Agency
(EBVMJPA)
From:
Councilmember Kalb And President Pro Tempore Thao
Recommendation: Adopt A Resolution Authorizing The City Administrator To Participate
In The Formation Of A Regional Vegetation Management Joint Powers Agency
(EBVMJPA) To Address Wildfire Prevention In The East Bay
21-0698
Attachments: View Report
View Legislation
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/5/2021
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
3.5
Subject:
Resolution Declaring October 6th 2021 A ""Clean Air Day""
From:
Councilmembers Kalb
Recommendation: Adopt A Resolution Declaring October 6th 2021 A ""Clean Air Day"" In
The City Of Oakland And Asking All City Department Heads To Determine How Their
Departments Can Participate In Clean Air Day, As Appropriate, And Encourage All
Residents, Businesses, Employees, And Community Members To Participate In Clean
Air Day And Help Clear The Air For All Californians
21-0700
Attachments: View Report
View Legislation
View Supplemental Report - 10/1/2021
View Supplemental Legislation - 10/1/2021
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/5/2021
3.6
Subject:
Increasing Contracting Opportunities
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report On The City's Work In Improving
Contracting Opportunities For Local, Small, Women And Minority- Owned Businesses
Including The Minutes Of All Meetings Of The Supporting Contracting Opportunities
Committee And The Ad Hoc Subcommittee For Reviewing Contracts, Including A List Of
All Contracts That Have Been Sent To Them For Review And Feedback, The Timeline
For Such Feedback, And The Outcome Of Their Review And The Authorizing Information
For The Creation Of Such Bodies, Who Was Selected To Serve On Them, By Whom
Such Selection Was Made, Who Decided Which Contracts Would Be Sent To Them For
Review, And On The Basis Of What Criteria, And The Status Of Enforcement Of
Oakland's Prompt Payment Policy, And To Report On What Actions The Administration Is
Taking, Through These ""Committees"" Or Otherwise, To Remedy The Mistreatment Of
DBE Subcontractors By Prime Contractors With Whom The City Contracts
21-0697
Attachments: View Report
View Attachment A
The Rules And Legislation Committee approved the Title Changes read into record
This Informational Report be Scheduled.to go before the *Finance &
Management Committee to be heard 10/11/2021
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
3.7
Subject:
Report On Outside Law Enforcement Agencies
From:
Councilmember Fife
Recommendation: Receive An Oral Report From The City Administrator Regarding The
Presence And Operations Of Outside Law Enforcement Agencies, Including The Federal
Bureau Of Investigation (FBI) And California Highway Patrol (CHP), In The City Of
Oakland; Including Any Information Related To The Recent Killing Of Michael Jonathan
Cortez By An FBI Agent, The Existence Of Any Contracts Or Use Of Public Dollars To
Support These Outside Agencies, How Investigations Concerning These Agencies'
Activities Are Being Handled, And The City's Public And Media Communications Policy
With Regards To How These Entities Operate In Our Community
21-0694
The Rules And Legislation Committee approved the Title Change making the item
an Oral Report
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 10/12/2021
3.8
Subject:
Informational Report On OPD Instagram Case
From:
Vice Mayor Kaplan And Councilmember Fife
Recommendation: Receive An Informational Report Regarding The ""Order Re:
Conclusions And Recommendations Stemming From Internals Affairs Case No. 21-0028
The Instagram Investigation,"" Which Was Ordered In The United States District Court Of
Northern California On September 20, 2021 By Judge William K. Orrick
21-0699
Sponsors: Fife and Kaplan
Attachments:
View Report
View Attachment A
View Attachment B
View Attachment C
View Attachment D
A Title Change was noted
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 10/12/2021
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
3.9
Subject:
Prohibition Against City Employees Cannabis Metabolites Testing
From:
Vice Mayor Kaplan, President Pro Tem Thao, Councilmember Kalb And
President Fortunato Bas
Recommendation: Adopt An Ordinance To Establish That The City Of Oakland Shall Not
Have A Local Policy Of Requiring Prospective And Current City Employees To Undergo
Testing Or Penalties For Off The Job Cannabis Usage - Also Known As The Presence Of
Marijuana Metabolites As A Condition Of Employment; And To Clarify That When Such Is
Required By A Superseding Agency (E.g., A Federal Requirement) That Oakland's
Actions Shall Not Exceed The Externally Required Actions, And That Oakland Shall
Advocate With Such Other Agency To Seek To End Testing And/Or Penalties For
Off-The-Job Cannabis Usage; On The October 12, 2021 Public Safety Committee
Agenda
21-0696
The Rules And Legislation Committee approved the item be scheduled to
November 9, 2021 Public Safety Committee and adding Councilmembers Thao,
Kalb and Bas as co-sponsors
This Ordinance be Scheduled.to go before the *Public Safety Committee to be
heard 11/9/2021
3.10
Subject:
Informational Report On The Status On Authorized Grants
From:
Vice Mayor Kaplan
Recommendation: Receive An Informational Report From The City Administrator On The
Status Of Council-Authorized Grants And The Process For Issuance Of 'Grants, Including:
For Each Grant Approved By Council In 2021, Whether All Or Part Or None Of Funds
Have Been Issued, Status Of Any Remaining Steps To Be Taken And Funds To Be
Issued
21-0695
The Rules And Legislation Committee Approved the following Title Change Read
into record;
Receive An Informational Report From The City Administrator On The Status Of
Council-Authorized Grants And The Process For Issuance Of 'Grants, Including: For
Each Grant Approved By Council In 2021, Whether All Or Part Or None Of Funds
Have Been Issued, Status Of Any Remaining Steps To Be Taken And Funds To Be
Issued; and
to be scheduled to Non-Consent
This Informational Report be Scheduled.to go before the * Concurrent Meeting of
the Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
3.11
Subject:
Construction Innovation And Expanded Housing Options Ordinance
From:
Mayor Schaaf, President Pro Temp Thao, And Councilmember Kalb
Recommendation: Adopt An Ordinance To Promote Cost-Efficient Construction
Innovation And Expanded Housing Options By:
1. Amending The Oakland Planning Code (Oakland Municipal Code (OMC) Title 17) To
(A) Allow Residential Occupancy Of Recreational Vehicles (RVs), Mobile Homes, And
Manufactured Homes In All Zoning Districts Where Residential Uses Are Permitted, (B)
Establish Density And Open Space Regulations For Efficiency Dwelling Units, And (C)
Establish Height Regulations For Modular Construction;
2. Amending The Oakland Building Construction Code (OMC Chapter 15.04) To Adopt
Voluntary Appendix R To The California Residential Code (Light Straw-Clay
Construction);
3. Making Conforming Amendments To The Blight Ordinance (OMC Chapter 8.24),
Building Maintenance Code (OMC Chapter 15.08), Affordable Housing Impact Fees
Ordinance (OMC Chapter 15.72), And Transportation And Capital Improvements Impact
Fees Ordinance (OMC Chapter 15.74);
4. Staying Enforcement Of OMC Sections 8.24.020(F)(2) And 8.24.020(G) For 120
Days; And
5. Exempting RV Parks Owned, Operated, And Maintained By Non-Profit Organizations
For Permanent, Temporary, Or Emergency Use, Subject To The Planning Code
Standards, From The Special Occupancy Parks Act (Health And Safety Code Section
18200 Et Seq) Pursuant To Health And Safety Code Section 18865.4; And Making
California Environmental Quality Act Findings; On October 26, 2021 Community And
Economic Development Committee Agenda And As A Public Hearing On A Future City
Council Agenda
21-0658
This Ordinance be Scheduled.to go before the *Community & Economic
Development Committee to be heard 10/26/2021
3.12
Subject:
Termination Of RV Pilot Program
From:
Mayor Schaaf, President Pro Temp Thao And Couniclmember Kalb
Recommendation: Adopt And Ordinance Amending Section 5.72.190 Of The Oakland
Municipal Code (OMC) To Terminate The Recreational Vehicle (RV) On Undeveloped
Property Pilot Program On December 31, 2021; And Making California Environmental
Quality Act Findings; On The October 26, 2021 Community And Economic Development
Committee Agenda And As A Public Hearing On A Future City Council Agenda
21-0660
This Ordinance be Scheduled.to go before the *Community & Economic
Development Committee to be heard 10/26/2021
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
3.13
Subject:
Amendment To Rent Adjustment Ordinance To Include Vehicular Residential
Facilities
From:
Mayor Schaaf, President Pro TemThao And Councilmember Kalb
Recommendation: Adopt An Ordinance To Amend The Rent Adjustment Ordinance
(Oakland Municipal Code Chapter 8.22) To Add Vehicular Residential Facilities As
Covered Units; On The October 26, 2021 Community And Economic Development
Committee Agenda And As A Public Hearing On A Future City Council Agenda
21-0661
This Ordinance be Scheduled.to go before the *Community & Economic
Development Committee to be heard 10/26/2021
4
Review Of Draft Agendas And Review Of Pending Lists For Council And Committee
Meetings
21-0616
Attachments: View Previously Distributed September 27, 2021 Community And
Economic Development Committee Agenda
View Previously Distributed September 27, 2021 Education
Partnership Committee Agenda
View Previously Distributed September 28, 2021 Life Enrichment
Committee Agenda
View Previously Distributed September 30, 2021 Rules And
Legislation Committee Agenda
View Finance & Management Committee Pending List
View Public Works Committee Pending List
View Community & Economic Development Committee Pending List
View Life Enrichment Committee Pending List
View Education Partnership Committee Pending List
View Public Safety Committee Pending List
View Rules & Legislation Committee Pending List
View Draft October 5, 2021 City Council Agenda
View Draft October 7, 2021 Rules And Legislation Committee Agenda
A motion was made by Nikki Fortunato Bas, seconded by Carroll Fife, that this
matter be Accepted as Amended. The motion carried by the following vote:
Aye: 4 - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
CHANGES MADE TO DRAFT AGENDAS, PENDING LISTS AND COUNCIL & COMMITTEE
MEETINGS
CHANGES MADE TO PREVIOUSLY DISTRIBUTED AGENDAS
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
Changes Made To The September 27, 2021 Life Enrichment Committee:
The Rules And Legislation Committee Approved The Cancelling Of The September 27, 2021
Life Enrichment Committee
This be Accepted.
Subject:
Love Life Resolution Update
From:
President Pro Tempore Thao
Recommendation: Receive A Report And Recommendations From The City
Administrator Regarding The Action Plan To Implement The City's Motto ""Love Life"" With
Public Agency Partners
21-0581
Attachments: View Report
Approved to be scheduled to Non - Consent
This Report and Recommendation be * Withdrawn and Rescheduled.to go before
the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and
the City Council to be heard 10/5/2021
CHANGES MADE TO THE PENDING LIST
Changes Made To The Finance And Management Pending List:
Subject: Vacancy Rates Of Departments Of Transportation, Planning And Building, And
Public Works
From:
President Pro Tempore Thao And Councilmember Gallo
Recommendation
Receive An Informational Report From The City Administrator
Regarding The Vacancy Rates Of The Departments Of Transportation, Planning And
Building, And Public Works And The Vacancy Rates Of Similar Departments Of Local
Public Entities
21-0585
This Informational Report be * Withdrawn and Rescheduled.to go before the
*Finance & Management Committee to be heard 11/8/2021
Changes Made To The Public Works Pending List:
The Rules And Legislation Committee Approved The Cancelling Of The October 26, 2021
Public Works Committee
This be Approve with the following amendments.
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
Subject:
Compliance With Senate Bill 1383 To Reduce Greenhouse Gas Emissions
From:
Oakland Public Works
Recommendation: Adopt The Following Pieces Of Legislation;
1) An Ordinance Opting-In To The Alameda County Waste Management Authority's
(WMA) Organics Reduction And Recycling Ordinance (ORRO) 2021-01; And
21-0652
The Rules And Legislation Committee Approved to withdrawn and rescheduled this
item to Public Works Pending list, No Date Specific due to the cancellation of the
October 26, 2021 Public Works Committee
This Ordinance be Rescheduled.to go before the *Public Works Committee
2) An Ordinance To Amend Oakland Municipal Code 8.28 (""Solid Waste Collection And
Disposal And Recycling"") To Make Conforming Amendments For Consistency With
WMA ORRO Ordinance 2021-01; And
21-0653
The Rules And Legislation Committee Approved to withdrawn and rescheduled this
item to Public Works Pending list, No Date Specific due to the cancellation of the
October 26, 2021 Public Works Committee
This Ordinance be Rescheduled.to go before the *Rules & Legislation Committee
3) An Ordinance Amending Oakland Municipal Code Chapter 15.34 (""Construction And
Demolition Debris Collection, Transportation, Waste Reduction And Recycling
Requirements""), To Comply With SB 1383 Regulations CCR 14, Section 18989. 1(a)(2),
(The Short-Lived Climate Pollutant Reduction Act Of 2016) Which Require Compliance
With The Requirements Of CALGreen Sections 5.408.1 And 4.408.1 To Divert 65% Of
Construction And Demolition Debris; And
21-0654
The Rules And Legislation Committee Approved to withdrawn and rescheduled this
item to Public Works Pending list, No Date Specific due to the cancellation of the
October 26, 2021 Public Works Committee
This Ordinance be Rescheduled.to go before the *Public Works Committee
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
4) An Ordinance Amending Oakland Planning Code Chapter 17.118 (""Recycling Space
Allocation Requirements""), To Comply With SB 1383 Regulations CCR 14 Section
18989.1(a)(2) (The Short-Lived Climate Pollutant Reduction Act Of 2016) Which Require
Compliance With The Requirements Of CALGreen Sections 4.410.2 - Recycling By
Residential Occupants And Section 5.410.1 - Recycling By Non-Residential Occupants
To Require Space For Organics Containers In New Or Renovated Multi-Family And
Commercial Buildings As An Addition To The Current Requirement For Space For
Recycling Containers; And
21-0655
The Rules And Legislation Committee Approved to withdrawn and rescheduled this
item to Public Works Pending list, No Date Specific due to the cancellation of the
October 26, 2021 Public Works Committee
This Ordinance be Rescheduled.to go before the *Public Works Committee
5) An Ordinance Amending Oakland Municipal Code By Adding Chapter 18.01 (""Water
Efficient Landscaping Ordinance""), To Comply With The State Requirement To Promote
Water Conservation And Efficient Use Of Water In Landscaping; And
21-0656
The Rules And Legislation Committee Approved to withdrawn and rescheduled this
item to Public Works Pending list, No Date Specific due to the cancellation of the
October 26, 2021 Public Works Committee
This Ordinance be Rescheduled.to go before the *Public Works Committee
6) Findings Of The California Department Of Resources, Recycling And Recovery
(CalRecycle) Short-Lived Climate Pollutants (SLCP) Environmental Impact Report (EIR);
On The October 26, 2021 Public Works Committee Agenda
21-0657
The Rules And Legislation Committee Approved to withdrawn and rescheduled this
item to Public Works Pending list, No Date Specific due to the cancellation of the
October 26, 2021 Public Works Committee
This Ordinance be Rescheduled.to go before the *Public Works Committee
5 Determinations Of Closed Session
Open Forum (Total Time Available: 15 Minutes)
4 speakers spoke during Open Forum.
Adjournment
There being no further business, and upon the motion duly made, the Oakland City
Council Rules & Legislation Committee adjourned the meeting at 11:43 a.m.
City of Oakland
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Meeting Minutes - FINAL
September 23, 2021
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Fax: (510) 238-6699
Recorded Agenda: (510) 238-2386
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MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE
CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM
8:30AM TO 5:00PM
*
In the event a quorum of the City Council participates on this Committee, the meeting is
noticed as a Special Meeting of the City Council; however, no final City Council action can be
taken.
City of Oakland
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