body,date,text,page,path OaklandCityCouncil,2007-02-20,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza 1852 2002 Meeting Minutes Oakland, California 94612 OAKLAND LaTonda Simmons, City Clerk Grawing fit are 150 Concurrent Meeting of the Oakland Redevelopment Agency/City Council Tuesday, February 20, 2007 6:00 PM Oakland City Hall, 3rd Floor 1 Pledge of Allegiance A meeting of the Joint Oakland Redevelopment Agency and City Council was held on the above date. Opening with the Pledge of Allegiance, the meeting was convened at 6:15 pm. 2 Roll Call / ORA & Council ORAICouncilmember Present: 8 - Councilmember Chang, Councilmember Nadel, Councilmember Kernighan, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 3 Open Forum / Citizens Comments (Time Available: 15 minutes) The following individual(s) spoke under Open Forum: - Mary Cochran - Lynda Dann - Oscar Wright - Dorothy Mae Coleman - Sanjiv Handa - William H. Mayo 4 Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. There was no action necessary for this item 5 Motion for ""Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side) There was no action necessary. for this item 6 Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. There was no action necessary for this item City of Oakland Page 1 Printed on 1/31/08",1,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on February 6, 2007 A motion was made by Councilmember Chang, seconded by Councilmember Brooks, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Proposition 1B Transportation Infrastructure Programs From: Public Works Agency Recommendation: Receive A Presentation On State Infrastructure Bonds - Propositions 1B, 1C, 1D, 1E And Proposition 84 Approved By California Voters 06-0982 Council heard a presentation on State Infrastructure Bonds - Propositions 1B, 1C, 1D, 1E and Proposition 84 approved by California voters. The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Amin Denny Agency/Councilmember Brooks took a point of personal privilege and requested that the meeting be adjourned in memory of Gaddies, III 10. CONSENT CALENDAR (CC) ITEMS: 10.1-CC 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 AIDS Epidemic 06-1130 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80397 CMS.pdf City of Oakland Page 2 Printed on 1/31/08",2,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 10.2-CC Subject: 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 06-1131 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80398 CMS.pdf 10.3-CC Subject: Annabelle Joseph-Chevalier Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Annabelle Joseph-Chevalier V. City Of Oakland, et al., And Related Cross-Action, Alameda County Superior Court No. RG05209387, Our File No. 23924, In The Amount Of $16,000.00 (Public Works Agency - Trip And Fall) 06-1132 A motion was made by Councilmember Quan, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Recused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80399 CMS.pdf 10.4-CC Subject: Hodari Toure - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Hodari Toure V. City Of Oakland, Alameda County Superior Court Case No. RG05-21544, Our File No. 24358, In The Amount Of Fifty Thousand Dollars And No Cents ($50,000.00) (Police Department - Civil Rights Violation, Excess Force) 06-1134 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80400 CMS.pdf City of Oakland Page 3 Printed on 1/31/08",3,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 10.5-CC Subject: Shawn Wrigley - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Settle The Case Of Shawn Wrigley V. City Of Oakland, et al., United States District Court Case No. C 06- 00495 MJJ, Our File No. 24998, In The Amount Of $300,000.00. This Case Involves Use Of Excessive Force. (Oakland Police Department-Alleged Civil Rights Violation) 06-1135 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 80401 CMS.pdf 10.6-CC Subject: Traffic Impact Program From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending The Oakland Municipal Code Title 10, Adding Chapter 70, Establishing A Traffic Impact Program (TIP) Pursuant To California Government Code Sections 66000 Through 66025 (Mitigation Fee Act) For The Southeast Portion Of The City Of Oakland, Including Procedural Requirements For The Adoption, Imposition, And Adjustment Of Traffic Impact Fees (TIF) 06-0807 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Report.pdf View Supplemental Report.pdf 12786 CMS.pdf City of Oakland Page 4 Printed on 1/31/08",4,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-10.7-CC Subject: Rehabilitation of Sanitary Sewers - Project C227210 From: Public Works Agency Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Andes Construction, Inc. For The Rehabilitation Of Sanitary Sewers In The Area Bounded By Telegraph Avenue, 24th Street, Lee Street, Harrison Street And 20th Street - Part One Sub-Basin 52-05 (Project No. C227210) For The Amount Of Four Million Three Hundred Fifteen Thousand Five Hundred Thirty-Six Dollars ($4,315,536.00) 06-1016 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - William Mayo View Report.pdf 80402 CMS.pdf S-10.8-CC Subject: Sanitary Relief Sewers - Project Number C80010 From: Public Works Agency Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Mocon Corporation For The Construction Of Sanitary Relief Sewers Along Wilson Avenue, School Street, Coolidge Avenue, Brookdale Avenue, Maple Avenue And MacArthur Boulevard (Project No. C80010) For The Amount Of Two Million Three Hundred Fifty-Two Thousand Seven Hundred Forty-Five Dollars ($2,352,745.00) 06-1017 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf View Supplemental Report.pdf 80403 CMS.pdf City of Oakland Page 5 Printed on 1/31/08",5,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-10.9-CC Subject: Removal Of Residential Permit Parking From: Public Works Agency Recommendation: Adopt A Resolution Approving The Removal Of Residential Permit Parking (RPP) On Hudson Street, Both Sides, From Boyd Avenue To Lawton Avenue In RPP Area ""C"" 06-1056 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf View Supplemental Report.pdf 80404 CMS.pdf S-10.10-C Subject: St. Francis Electric - Agreement C From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator, Or Her Designee, To Award A Construction Contract To St. Francis Electric For The Oak Center Historical Marker Project (No. P260210) In The Amount Of Four Hundred Fifty Three Thousand Three Hundred Twenty Five Dollars ($453,325.00) 06-0821 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80405 CMS.pdf 2) An Agency Resolution Authorizing The Contribution And Allocation Of Additional Oak Center Funds To The City Of Oakland Under The Cooperation Agreement In The Amount Of $163,325 For The Oak Center Historic Marker Project, For A Total Agency Contribution Of $613,325 06-0821-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 2007-0007 CMS.pdf City of Oakland Page 6 Printed on 1/31/08",6,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 3) A Resolution Authorizing The City To Accept And Appropriate An Additional Contribution Of Redevelopment Agency Oak Center Funds Under The Cooperation Agreement In An Amount Not To Exceed $163,325 For The Construction Of The Oak Center Historic Marker Project For A Total Agency Contribution Of $613,325 06-0821-2 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 80406 CMS.pdf S-10.11-C Subject: 81st Avenue Community Library Project C From: Oakland Public Library Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate A Grant In The Amount Of One Hundred Thousand Dollars ($100,000) From The Thomas J. Long Foundation To Fund A Portion Of The Project Costs Of The 81st Avenue Community Library 06-1062 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80407 CMS.pdf S-10.12-C Subject: Macias, Gini, & O'Connell, LLP Contract Extension C From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator To Enact A One-Year Extension Contract With Macias, Gini & O'Connell, LLP To Provide Audit Services For Fiscal Year End June 30, 2007 In The Amount Not To Exceed $659,161; And 06-1117 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdt 80408 CMS.pdf City of Oakland Page 7 Printed on 1/31/08",7,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 2) An Agency Resolution Authorizing The Agency Administrator To Enact A One-Year Extension Contract With Macias, Gini & O'Connell, LLP To Provide Audit Services For Fiscal Year End June 30, 2007 In The Amount Not To Exceed $89,159 06-1117-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 2007-0008 CMS.pc S-10.13-C Subject: Transitional Housing Facilities Rehabilitation C From: Department of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept, And Appropriate Funding In An Amount Up To $1,000,000 From The State Of California 2006-2007 Emergency Housing And Assistance Program (EHAP) For The Rehabilitation Of The Henry Robinson Multi-Service Center, A City Owned Transitional Housing Facility 06-1061 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80409 CMS.pdf S-10.14-C Subject: Summer Reading Program C From: Oakland Public Library Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate A Grant In The Amount Of Fifty Nine Thousand Seven Hundred Dollars ($59,700) From The Stocker Foundation For The Library's Summer Reading Program 06-1063 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 80410 CMS.pdf City of Oakland Page 8 Printed on 1/31/08",8,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-10.15-C Subject: Emergency Shelter Grant And Emergency Housing Program C From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Extend The Performance Period Of Existing Grant Agreements Under The Fiscal Year 2005-2006 Emergency Shelter Grant And Emergency Housing Program From The January 31, 2007 End Date To June 30, 2007 And To Extend The Performance Period Of Existing Agreements Under The Fiscal Year 2005-2006 Winter Relief Program From The January 31, 2007 End Date To May 15, 2007 To Support Said Programs With Available Program Balances From The Fiscal Year 2006-2007 Emergency Shelter Grant, Emergency Housing And Winter Relief Program Years 06-1064 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80411 CMS.pdf S-10.16-C Subject: East Bay Community Recovery Project - Agreement C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing A Professional Services Agreement In An Amount Not To Exceed Twenty-One Thousand Dollars ($21,000) With The East Bay Community Recovery Project - 14th Street Medical Clinic, For Medication Assisted Therapy And Counseling Services For Opiate Addiction On Behalf Of The West Oakland Weed And Seed Initiative 06-1065 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80412 CMS.pdf City of Oakland Page 9 Printed on 1/31/08",9,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-10.17-C Subject: Oakland Youth Court - Title V Grant C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000) From The State Of California, Corrections Standards Authority, Title V Community Prevention Grants Program, And Authorizing A Funding Agreement In An Amount Not To Exceed One Hundred Eighty Thousand Dollars ($180,000) With The Donald P. McCullum Youth Court For Third Year Program Implementation Of The Interface Project, And Appropriate Said Funds To The Police Department 06-1067 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - William Mayo View Report.pdf 80413 CMS.pdf S-10.18-C Subject: Project First C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000) From The State Of California, Corrections Standards Authority, Title V Community Prevention Grants Program, And Authorize A Funding Agreement In An Amount Not To Exceed One Hundred Sixty Thousand Dollars ($160,000) With The East Bay Community Foundation (Safe Passages) For Third Year Program Implementation Of Project First, And Appropriate Said Funds To The Police Department 06-1068 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - William Mayo View Report.pdf 80414 CMS.pdf City of Oakland Page 10 Printed on 1/31/08",10,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-10.19-C Subject: The Paragon Project C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million Five Hundred Thousand Dollars ($1,500,000) From The State Of California, Corrections Standards Authority, Title II Formula Grants Program, For The Three-Year Program Term Of April 1, 2007 To March 30, 2010, And Authorizing A Funding Agreement In An Amount Not To Exceed One Million Two Hundred Thousand Dollars ($1,200,000) With The Donald P. McCullum Youth Court For Implementation Of The Paragon Project, And Appropriate Said Funds To The Police Department 06-1069 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - William Mayo View Report.pdf 80415 CMS.pdf S-10.20-C Subject: Oakland Youth Court - JAB Grant C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Twenty-Two Thousand And Three Hundred And Fifty-Eight Dollars ($22,358) From The State Of California, Corrections Standards Authority, Juvenile Accountability Block Grant (JABG) Program, And Authorizing A Funding Agreement In An Amount Not To Exceed Fifteen Thousand Dollars ($15,000) With The Donald P. McCullum Youth Court For Continued Program Implementation Of The Oakland Youth Court, Interface Project, And Appropriate Said Funds To The Police Department 06-1070 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - William Mayo View Report.pdf 80416 CMS.pdf City of Oakland Page 11 Printed on 1/31/08",11,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-10.21-C Subject: Bulletproof Vest Partnership C From: Oakland Police Department Recommendation: Adopt A Resolution Amending Resolution No. 80028 C.M.S. Authorizing The Acceptance And Appropriation Of Grant Funds In An Amount Not To Exceed Six Thousand Seven Hundred And Eighty-Nine Dollars ($6,789) From The U.S. Department Of Justice, Bureau Of Justice Assistance, Bulletproof Vest Partnership Grant Program, And Authorizing The Acceptance And Appropriation Of Grant Funds In An Amount Not To Exceed Fifty-Seven Thousand One Hundred And Fifty Dollars ($57,150) From The Bulletproof Vest Partnership Grant Program, And Appropriate Said Funds To The Police Department 06-1071 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - William Mayo View Report.pdf 80417 CMS.pdf Passed The Consent Agenda A motion was made by Councilmember Nadel, seconded by Councilmember Quan, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session There were no final decisions made during closed session. There was no action necessary for this item. The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa City of Oakland Page 12 Printed on 1/31/08",12,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance A motion was made by Councilmember Reid, seconded by Councilmember Chang, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Agency/Councilmember Reid made a motion seconded by Agency/Councilmember Chang confirming that there were no discussions pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council De La Fuente -8 COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER: 13 Reconsideration of Ordinances pursuant to Charter Section 216 There was no action necessary for this item. 14. Consideration of items with statutory Public Hearing Requirements: 14.1 Subject: Revocation of Ten Taxi Cab Medallions From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal Filed By Mr. And Mrs. Baljit Singh On Behalf Of Yellow Cab And Denying The Appeal Filed By Enayat Aminy On Behalf Of East Bay Driver Association Against The Administrative Hearing Officer's Decision To Revoke Ten Taxi Medallions Issued To Yellow Cab Company 06-1038 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/6/2007 The following individual(s) spoke on this item: - Sanjiv Handa - Alex Berline - Chuck Mack - Caren Sencer - Chris Nwadigu - Mohammed Anwar - Robert William Aiello - Tom Hillgrove View Report.pdf View Supplemental Report.pdf 80444 CMS.pdf City of Oakland Page 13 Printed on 1/31/08",13,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council ITEM 19 RELATED TO THE OAKLAND ICE CENTER CONTRACT WAS TAKEN OUT OF ORDER IN ADVANCE OF ITEM 14.2 14.2 Subject: Citizen's Options For Public Safety Grant From: Oakland Police Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Implementing California Government Code Sections 30061-30065 And Appropriating Eight Hundred And One Thousand Four Hundred And Twenty-Seven Dollars ($801,427) In Eleventh Year Funding For The State Of California, ""Citizen's Options For Public Safety"" (State COPS) Grant To The Police Department, And Approving The Fiscal Year 2006-2008 Spending Plan 06-1066 A motion was made by Councilmember Quan, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brunner ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 10:01pm The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Change, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Chang, Kernighan, Nadel, Quan, and President of the Council De La Fuente - 6, Abstain: Brunner -1, Absent - Reid - 1 View Report.pdf 80418 CMS.pdf City of Oakland Page 14 Printed on 1/31/08",14,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 14.3 Subject: Limitations On Residential Eminent Domain Authority From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) Approve The Introduction (First Reading) Of An Ordinance Adopting The First Amendment To The Broadway/MacArthur/ San Pablo Redevelopment Plan To Limit The Redevelopment Agency's Eminent Domain Authority Over Residential Property; And 06-1023 A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 10.07 pm The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - Christopher Waters - Michael Floyd Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember Quan, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Quan, and President of the Council De La Fuente -7, Absent - Reid - 1 View Report.pdf 12787 CMS.pdf 2) An Agency Resolution Approving And Recommending Adoption Of The First Amendment To The Broadway/MacArthur/San Pablo Redevelopment Plan To Limit The Redevelopment Agency's Eminent Domain Authority Over Residential Property 06-1023-1 2007-0009 CMS.pdf ACTION ON NON-CONSENT ITEMS: City of Oakland Page 15 Printed on 1/31/08",15,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 15 Subject: Priority Project Funds - District 7 From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of $10,000 From Councilmember Larry E. Reid's Priority Project Funds To East Oakland Senior Citizens, Inc. 06-1089 A motion was made by Councilmember Chang, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 80419 CMS.pdf 16 Subject: Oakland Police Officers' Association Appeal From: Finance and Management Agency Recommendation: Adopt A Resolution Denying The Appeal Filed By The Oakland Police Officers' Association (""OPOA"") And Upholding The City Administrator's Decision To Place The Deputy Chiefs Of Police And Captains Of Police In A Sworn Management Employee Bargaining Unit In Accordance With Employer-Employee Relations Resolution No. 80211 C.M.S. 06-1118 A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Noes: 1 - President of the Council De La Fuente ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan and Councilmember Brooks The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - William Mayo View Report.pdf 80420 CMS.pdf City of Oakland Page 16 Printed on 1/31/08",16,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 17 -Subject: Oakland Garden Hotel, LLC Agreement From: Community and Economic Development Agency Recommendation: Adopt the Following Pieces Of Legislation: 1) An Agency Resolution Pursuant To Section 4.9.2 And 11.20f The Disposition And Development Agreement Between The Oakland Redevelopment Agency And Oakland Garden Hotel LLC, Authorizing The Agency Administrator To Approve The Transfer Of Ownership Of The Oakland Garden Hotel To The CIM Group; And 06 0961 View Report. pdf View Supplemental Report.pdf 2007-0013 CMS.pdf 2) A Resolution Pursuant To Section 10. Of The Hyatt Regency Oakland Hotel Ground Lease Between The City Of Oakland And Oakland Renaissance Associates Authorizing The City Administrator To Approve The Assignment Of The Ground Lease And The Sale Of The Marriott Hotel To The CIM Group, And To Accept All Payments Due The City 06 0961- 1 80446 CMS.pd A motion was moved, carried and seconded to extend the meeting past 10:30pm 18 Subject: 2007-2009 CALReUSE Brownfields Loan Program From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Appropriating And Authorizing The Agency Administrator To Expend Up To $150,000 From Oakland Redevelopment Agency Coliseum Redevelopment Project Area Funds For the Required Local 15% Match Based On The Allocation Of $1,000,000 In Loan Funds, For The City Of Oakland 2007-2009 CALReUSE Brownfields Loan Program 06-1120 A motion was made by Councilmember Nadel, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks The following individual(s) spoke and did not indicate a position on this item: - William H. Mayo View Report.pdf 2007-0010 CMS.pdf ITEM 19 RELATED TO THE OAKLAND ICE CENTER CONTRACT WAS TAKEN OUT OF ORDER IN ADVANCE OF ITEM 14.2 City of Oakland Page 17 Printed on 1/31/08",17,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council 19 Subject: Oakland Ice Center Contract From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To Negotiate And Execute A Three-Year Agreement With Rink Management Services Corporation For Management And Operation Of The Oakland Ice Center For A Base Monthly Fee Not To Exceed $4,900, Plus An Annual Incentive Fee Not To Exceed 20 Percent Of Net Revenue Adjusted For Any Deferred Expenses That May Be Earned During The Previous Year In Excess Of $7,603, Pursuant To Specific Criteria 06-0753 Continued to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/6/2007 The following individual(s) spoke on this item: - Bill Claggett - Scott Petersen - John Gustafson - Wayne Corrini - Fred Brown - Xavier Reed - Carla Reed - Zack Wasserman - Phil Tagami - Sanjiv Handa Councilmember Brooks made a motion which was seconded by Councilmember Reid directing staff to negotiate and execute a three-year agreement with Rink Management Services for management and operation of the Oakland Ice Center Councilmember Chang made a substitute motion which was seconded by Councilmember Quan to approve the Community and Economic Development Committee recommendation with the following amendments: 1) that a community advisory group be created, 2) all fee increases will be brought back to the Council, with promotional offers for Oakland residents, and 3) that one of the performance measures for the contract will be the percentage of Oakland residents that use the facility Pursuant to City Charter Section 200, which provides that ""the Mayor shall have a vote on the Council if the councilmembers are evenly divided"", and Rule 29 of the Council's Rules of Procedure, Resolution No. 79006 C.M.S. the item automatically was continued to the Council's next regularly scheduled meeting solely for the purpose of allowing the Mayor to cast a vote on the substitute motion. If the substitute motion fails then Council will return to consideration of the main (original-Brooks') motion. Rule 29 provides the following regarding the procedure: ""Council and public City of Oakland Page 18 Printed on 1/31/08",18,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council discussion is permitted on the item to be voted on by the Mayor; however, Council members cannot change their vote unless the item has been properly noticed for reconsideration. The Mayor must appear at the Council meeting to cast his vote. View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 20 Subject: McKillop Roadway - Landslide Damage From: Public Works Agency Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency Due To Landslide Damage To McKillop Roadway First Proclaimed By the City Of Oakland On October 17, 2006 06-1138 A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80421 CMS.pdf City of Oakland Page 19 Printed on 1/31/08",19,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-21 Subject: Real Estate Donation Procedures From: Office of the City Administrator Recommendation: Adopt A Resolution Establishing Procedures For Reviewing Offers For Donations And Gifts Of Real Estate And For Recommending That The City Council Accept Or Decline Such Offers For Real Property Valued In Excess Of $500,000 Dollars (TITLE CHANGE) 06-1073 A motion was made by Councilmember Nadel, seconded by Councilmember Kernighan, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 80422 CMS.pdf S-22 Subject: Fox Theater Renovation From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To Apply For, Accept, And Appropriate Grant Funds From The California Cultural And Historical Endowment Program Under State Of California Proposition 40 (Clean Water, Clean Air, Safe Parks And Coastal Protection Act Of `2002), For The Historic Fox Theater Renovation In An Amount Of Up To Three Million Dollars ($3,000,000) 06-1078 A motion was made by Councilmember Brunner, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 2007-0011 CMS.pdf City of Oakland Page 20 Printed on 1/31/08",20,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-23 Subject: City Stables Operation From: Office of Parks and Recreation Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Rejecting All Submitted Proposals And Closing The Request For Proposals (RFP) Process For The Concession At Oakland City Stables 06-1113 A motion was made by Councilmember Brooks, seconded by Councilmember Kernighan, that this matter be Adopted approving the staff recommendation, extend the master plan, with OPR to move forward other entities to provide services and return in 6 month with recommendations on how the bond money will be spent and with real costs to run the stable The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks View Report.pdf 80423 CMS.pdf 2) A Resolution 1) Authorizing The Office Of Parks And Recreation To Enter Into Agreements With Equestrian Organizations To Offer Youth Equestrian Programs At City Stables For One Year To Assess The Long Term Viability Of The Programs; 2) And To Amend And Readopt The City Stables Master Plan 06-1113-1 A motion was made by Councilmember Brooks, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks 80424 CMS.pdf City of Oakland Page 21 Printed on 1/31/08",21,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council S-24 Subject: Emerging Crime Trends From: Oakland Police Department Recommendation: Receive An Informational Report From The Chief Of Police On The Current And Emerging Crime Trends That Affect The Quality Of Life In The City Of Oakland 06-0809 A motion was made by Councilmember Chang, seconded by Councilmember Nadel, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks View Report.pdf Continuation of Open Forum ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the Council) There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting in memory of Amin Denny and John Gaddies, III at 12:21a.m. Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-6406 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 839-6451 TDD THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. City of Oakland Page 22 Printed on 1/31/08",22,OaklandCityCouncil/2007-02-20.pdf OaklandCityCouncil,2007-02-20,"Concurrent Meeting of the Oakland Meeting Minutes February 20, 2007 Redevelopment Agency/City Council City Clerk and Clerk of the Council City of Oakland Page 23 Printed on 1/31/08",23,OaklandCityCouncil/2007-02-20.pdf