body,date,text,page,path OaklandCityCouncil,2007-04-03,"City of Oakland Office of the City Clerk Oakland City Hall 1852 1002 Online Meeting Minutes - FINAL 1 Frank H. Ogawa Plaza Oakland, California OAKLAND 94612 Concurrent Meeting of the Oakland LaTonda Simmons, City Clerk Redevelopment Agency/ City Council Tuesday, April 3, 2007 6:00 PM Oakland City Hall, 3rd Floor Daystar Notes for Elena 04/04/08 1 Pledge of Allegiance 2 Roll Call/ORA & Council ORAICouncilmember Councilmember Nadel Excused: ORAICouncilmember Councilmember Chang, Councilmember Kernighan, Councilmember Brunner, Present: 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: - Martha Cline - Willow Liroff - Mary Cochran - Lynda Dann - Rachel Medanic - Tammy Freba - Peter Hauer - Lila Travis - Frankie Pritchard - Paula Pereira - Kasey Brown - Ellen Lynch 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. The following individual(s) spoke on this item: - Jonathan Bair 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 City of Oakland Page 1 Printed on 4/4/2008",1,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 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 7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on March 20, 2007 A motion was made by Councilmember Chang, seconded by Councilmember Kernighan, to *Approve the Minutes. The motion carried by the following vote: ORAICouncilmember 1 Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Children's Book Project - Recognition From: Councilmember Pat Kernighan Recommendation: Adopt A Resolution Commending The Children's Book Project East Bay On The Occasion Of Giving Away 120,000 Books To Readers Pre-School To High School Attachments: View Report.pdf, 80479 CMS.pdf The following individual(s) spoke in favor of this item: - Valeria Esparza A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Enactment No: 80479 9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS Agency/Council President De La Fuente took a point of personal privilege and requested that the meeting be adjourned in memory of Cesar Diaz Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Debra Green 10. CONSENT CALENDAR (CC) ITEMS: City of Oakland Page 2 Printed on 4/4/2008",2,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 10.1 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 Attachments: View Report.pdf 80480 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80480 10.2 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 Attachments: View Report.pdf, 80481 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80481 10.3 Subject: Andrew R. Brown - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of USAA Insurance As Subrogee Of Andrew R. Brown In The Amount Of Ten Thousand Dollars And No Cents ($10,000.00), As A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On December 8, 2006. (Public Works Agency) Attachments: View Report.pdf, 80482 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80482 10.4 Subject: Alex Hahn - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney/Agency Counsel To Compromise And Settle The Following Litigation For A Total Principal Amount Of Two Million Seven Hundred And Forty Four Thousand One Hundred And Twenty Five Dollars ($2,744,125): Redevelopment Agency Of The City Of Oakland V. Alex Hahn Et Al. (Santa Clara County Superior Court Case No. 1-05-CV-038886), An Eminent Domain Action Asking The Court To Determine The Appropriate Compensation For The Condemnation Of Approximately 20,225 Square Feet Of Land Located At The Intersection Of Telegraph Avenue And Thomas L. Berkley Way In Oakland Attachments: View Report.pdf, 80483 CMS.pdf City of Oakland Page 3 Printed on 4/4/2008",3,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa This Matter was Adopted on the Consent Agenda. Enactment No: 80483 10.5 Subject: Oakland City Center Project Amendment From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City To Enter Into A Twelfth Amendment To The Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And (6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center Project On Block T-5/6 Attachments: View Report.pdf, View Supplemental Report.pdf, View Supplemental Report.pdf Attachment B 14.2 Motion.pdf, 12789 CMS.pc The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - Robert McCarthy This Matter was Approved for Final Passage on the Consent Agenda. Enactment No: 12789 10.6 Subject: 2680 Beaconsfield Place - Purchase And Sale Agreement From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement With Michael And Margaret Chu For The City's Purchase Of 2680 Beaconsfield Place (APN: 048D-7280-028) Consisting Of About 5,929 Square Feet Of Land Located In The Beaconsfield Canyon For The Fair Market Value Of Seventy Two Thousand Sixty Nine Dollars ($72,069) Plus Closing Costs Not To Exceed Five Thousand Dollars ($5,000) For The Measure DD Watershed Acquisition Project Attachments: View Report.pdf 12790 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 12790 10.7 Subject: Alameda Avenue, Oakland Waterfront Bay Trail Project City of Oakland Page 4 Printed on 4/4/2008",4,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council From: Public Works Agency Recommendation: Adopt A Resolution Authorizing the City Administrator, Or Her Designee, To Award A Construction Contract To McGuire & Hester For the Alameda Avenue, Oakland Waterfront Bay Trail Project (C243910) In The Amount Of Four Hundred Ninety One Thousand Eight Hundred Thirty-One Dollars ($491,831.00) Attachments: View Report.pdf, View Supplemental Report.pdf, 80484 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80484 10.8 Subject: Oakland Bay Trail Mandela Parkway Project From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, (1) To Accept And Appropriate A State Department Of Transportation Grant For The Oakland Bay Trail: Mandela Parkway Project (No. G199010) In The Amount Of Sixty Thousand Dollars ($60,000.00); And (2) To Amend The Agreement With RHL Design Group For An Amount Not To Exceed Twenty-Five Thousand Dollars ($25,000.00) For A Total Contract Amount Of Four Hundred Fifty-Four Thousand Dollars ($454,000.00) Attachments: View Report.pdf 80485 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80485 10.9 Subject: Lakeside Park Central Control Irrigation Upgrade Project From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, To Award A Construction Contract To Green Acres Landscaping And Maintenance, Inc., For The Lakeside Park Central Control Irrigation Upgrade Project (No. C242114) In The Amount Of One Hundred Forty Five Thousand Dollars ($145,000.00) Attachments: View Report.pdf, View Supplemental Report.pdf, 80486 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80486 10.10 Subject: Architectural Design Services - Professional Services Agreements From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing A Professional Services Agreement With Noll & Tam Architects And Planners For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: View Report.pdf 80487 CMS.pdf City of Oakland Page 5 Printed on 4/4/2008",5,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council This Matter was Adopted on the Consent Agenda. Enactment No: 80487 2) A Resolution Authorizing A Professional Services Agreement With YHLA Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80488 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80488 3) A Resolution Authorizing A Professional Services Agreement With The KPA Group For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80489 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80489 4) A Resolution Authorizing A Professional Services Agreement With Byrens Associates Architectural-Planning For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80490 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80490 5) A Resolution Authorizing A Professional Services Agreement With Shah Kawasaki Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80491 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80491 6) A Resolution Authorizing A Professional Services Agreement With RPR Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80492 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80492 City of Oakland Page 6 Printed on 4/4/2008",6,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 7) A Resolution Authorizing A Professional Services Agreement With Muller & Caulfield Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80493 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80493 8) A Resolution Authorizing A Professional Services Agreement With VBN Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80494 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80494 9) A Resolution Authorizing A Professional Services Agreement With Murakami/Nelson Architectural Corporation For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80495 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80495 10) A Resolution Authorizing A Professional Services Agreement With Kormorous-Towey Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And Attachments: 80496 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80496 11) A Resolution Authorizing A Professional Services Agreement With Gerson/Overstreet Architects For As-Needed Architectural Design Services For An Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00) Attachments: 80497 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80497 10.11 Subject: Arbor Day 2007 - Recognition City of Oakland Page 7 Printed on 4/4/2008",7,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council From: Public Works Agency Recommendation: Adopt A Resolution Proclaiming April 27, 2007, To Be The City Of Oakland's Arbor Day 2007 And Authorizing An Official Tree Planting Ceremony At Golden Gate Recreation Center, 1075 - 62nd Street And The California College Preparatory Academy, 6200 San Pablo Avenue Attachments: View Report.pdf, 80498 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80498 10.12 Subject: Sheffield Village Recreation Center - Construction Contract From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, To Award A Construction Contract For The Sheffield Village Recreation Center ADA Improvements Project In Accord With Specification No. C259410 To Rockridge Builders In The Amount Of Four Hundred Ninety-Eight Thousand Three Hundred Fifty-One Dollars ($498,351.00) Attachments: View Report.pdf, 80499 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80499 10.13 Subject: Installation Of Stops Signs At Various Locations From: Public Works Agency Recommendation: Adopt A Resolution Approving Installation Of Stop Signs On: 1) North Street At Dana Street; 2) Cavour Street At Miles Avenue; 3) East 12th Street At 39th Avenue; And 4) 6th Street And Franklin Street Attachments: View Report.pdf 80500 CMS.pdf The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa This Matter was Adopted on the Consent Agenda. Enactment No: 80500 10.14 Subject: Establishment Of Various Parking Zones From: Public Works Agency Recommendation: Adopt A Resolution Approving: 1) The Establishment Of A ""No Parking Between 3:00 A.M. And 6:00 A.M."" Zone On Embarcadero (South Side) Between 10th Avenue And 16th Avenue, And On Stanford Avenue (South Side) Between Los Angeles Street And Lowell Street; 2) The Removal Of A Two-Hour Parking Zone On Vicente Street Between Highway 24 And 57th Street; And 3) The Establishment Of A ""Two-Hour Parking"" Zone On The North Side Of 10th Street Between Jefferson Street And Martin Luther King, Jr. Way Attachments: View Report.pdf, 80501 CMS.pdf City of Oakland Page 8 Printed on 4/4/2008",8,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa This Matter was Adopted on the Consent Agenda. Enactment No: 80501 10.15 Subject: Bushrod Park Streetscape Improvements From: Public Works Committee Recommendation: Adopt A Resolution Rejecting All Bids And Authorizing The City Administrator To Award A Negotiated Construction Contract To Beliveau Engineering Contractors, Inc. For The Bushrod Park Streetscape Improvements (Project No. B00520) For An Amount Not To Exceed Three Hundred Thirty Thousand Dollars ($330,000.00) Attachments: View Report.pdf, View Supplemental Report.pdf, 80502 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80502 10.16 Subject: 2946 International Boulevard - Revocable And Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Seven Directions Housing, LP, A Revocable And Conditional Permit To Allow An Electrical Transformer And Vault For A New Building At 2946 International Boulevard To Encroach Under The Public Sidewalk Attachments: View Report.pdf, 80503 CMS.pd This Matter was Adopted on the Consent Agenda. Enactment No: 80503 10.17 Subject: Francisco & Associates - LLAD Engineering Services From: Office of the City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Renew And Execute The Contract With Francisco & Associates, Inc. For An Amount Not To Exceed $153,340 To Perform Engineering Services For The Landscape And Lighting Assessment District, The Wildfire Prevention Assessment District, The Emergency Services Retention Act Of 1997 (Measure M), The Paramedic Services Act Of 1997 (Measure N), The Library Services Retention And Enhancement Act Of 1994 (Measure Q), The Violence Prevention And Public Safety Act Of 2004 (Measure Y) And The Rockridge Library Community Facilities District Of 1992 For Fiscal Years 2007-2008 And 2008-2009 Attachments: View Report.pdf 80504 CMS.pdf The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa This Matter was Adopted on the Consent Agenda. City of Oakland Page 9 Printed on 4/4/2008",9,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council Enactment No: 80504 10.18 Subject: McKillop Roadway Restoration Project From: Public Works Agency Recommendation: Adopt A Resolution Amending Resolution No. 80186 C.M.S. Adopted On October 3, 2006 Which Appropriated $1,693,550.00 Of City Funds For Emergency Response And Permanent Storm Mitigation Measures For The McKillop Roadway Restoration Project, To Appropriate An Additional $1,906,450.00 (For A Total Project Appropriation Of $3,600,000.00) Attachments: View Report.pdf, View Supplemental Report.pdf, 80505 CMS.pdt This Matter was Adopted on the Consent Agenda. Enactment No: 80505 10.19 Subject: Salary Ordinance Amendment From: Finance and Management Agency Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To: Add The Permanent Full Time Equivalent Classifications Of Latent Print Examiner I, Latent Print Examiner II, And Latent Print Examiner III; To Re-Title The Full Time Classification Assistant Criminalist To Criminalist I; And To Adjust The Salary Of The Full Time Classification Claims And Risk Manager Attachments: View Report.pdf 12791 CMS.pdf The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa This Matter was Approved for Final Passage on the Consent Agenda. Enactment No: 12791 10.20 Subject: Mixed Use Development Project At 5803-5833 Foothill Boulevard From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation Agreement With The First African Methodist Episcopal Church For Developing A Mixed Use Project At 5803-5833 Foothill Boulevard In The Central City East Redevelopment Project Area, And Authorizing A Predevelopment Loan In An Amount Not To Exceed $175,000 To The Project Attachments: View Report.pdf, 2007-0034 CMS.pdf The following individual(s) spoke in favor of this item: - Harold R. Mayberry This Matter was Adopted on the Consent Agenda. Enactment No: 2007-0034 City of Oakland Page 10 Printed on 4/4/2008",10,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 10.21 Subject: South Coliseum Way / Edes Avenue Streetscapes Design Project - Contract From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Awarding A Professional Services Contract For An Amount Not To Exceed $80,000 To Bruce Jett Associates To Prepare A Concept Design And Preliminary Construction Drawings For Streetscape Enhancements In The Coliseum Redevelopment Project Area Attachments: View Report.pdf, 2007-0035 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 2007-0035 10.22 Subject: Oakland Human Relations Commission From: Councilmembers Pat Kernighan and Nancy Nadel Recommendation: Approve The Introduction (First Reading) Of An Ordinance Re-Establishing The Human Relations Commission, Providing For The Appointment Of Members Thereof, And Defining The Duties Of Said Commission And Superseding Ordinances No. 11595, 11867, And 12191 Attachments: View Report.pdf The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agenc 10.23 Subject: Waterfront Trail Project At Cryer Site From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator, Or Her Designee, To Apply For, Accept And Appropriate Grant Funds In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000.00) From The State Of California Department Of Parks And Recreation Land And Water Conservation Fund Program For The Waterfront Trail Project At Cryer Site; And Attachments: View Report.pdf, 80506 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80506 2) A Resolution Authorizing The City Administrator, Or Her Designee, To Apply For, Accept And Appropriate Grant Funds In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000.00) From The Pacific Forest And Watershed Lands Stewardship Council Youth Investment Program Infrastructure Fund Grant For The Raimondi Park Renovation Project Attachments: 80507 CMS.pdf This Matter was Adopted on the Consent Agenda. City of Oakland Page 11 Printed on 4/4/2008",11,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council Enactment No: 80507 10.24 Subject: Risk Assessment And Hazardous Materials Area Plan From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate A Grant From The United States Department Of Transportation And The California Governor's Office Of Emergency Services For The Period January 1, 2007 To September 30, 2007 In The Amount Of Nineteen Thousand And Four Hundred Dollars ($19,400.00) To Prepare A Hazardous Materials Area Plan For The City Of Oakland Attachments: View Report.pdf 80508 CMS.pdf This Matter was Adopted on the Consent Agenda. Enactment No: 80508 Passed The Consent Agenda A motion was made by Councilmember Reid, seconded by Councilmember Chang, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - - Councilmember Kernighan, Councilmember Chang, 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 Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Quan to accept the oral report from the City Attorney on final decisions made during Closed Session, and hearing no objections, all members present were recorded as voting: Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Reid, Quan, and President of the Council De La Fuente -7, Excused: Nadel-1 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance Agency/Councilmember Reid made a motion seconded by Agency/Councilmember Quan 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, Reid, Quan, Kernighan and President of the Council De La Fuente -7, Excused: Nadel-1 *Approve as Submitted COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER: City of Oakland Page 12 Printed on 4/4/2008",12,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 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: ACTION ON NON-CONSENT ITEMS: 15 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 Attachments: View Report.pdf, 80509 CMS.pdf The following individual(s) spoke in favor of this item: - Paul Bostwick A motion was made by Councilmember Reid, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Enactment No: 80509 16 Subject: Landscaping And Lighting Assessment District Activities From: Public Works Agency Recommendation: Adopt A Resolution Adopting Policy Recommendations For The City Of Oakland To Manage Landscaping And Lighting Assessment District (LLAD) Funded Activities And New Improvements By Private Developers Without A LLAD Increase, To Include Consideration Of A Five -Year Phased Elimination Of Current Exemptions For Private Schools, Churches, Hospitals And Agricultural Parcels (TITLE CHANGE) Attachments: View Report.pdf, View Supplemental Report.pdf, View Supplemental Report.pdf, View Supplemental Report.pdf, View Supplemental Report.pdf, 80510 CMS.pdf Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Brunner, to approve the recommendation as amended: In the fourth ""Further Resolved"" remove the words 'substantial and sustainable' and replace with the word 'reasonable', and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Quan, Reid and President of the Council De La Fuente -7, Excused: Nadel - 1 The following individual(s) spoke and did not indicate a position on this item: City of Oakland Page 13 Printed on 4/4/2008",13,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Enactment No: 80510 17 Subject: Public Art Advisory Commission Appointment From: Cultural Arts and Marketing Recommendation: Adopt A Resolution Appointing Andrew Woodd As A Member Of The Cultural Affairs Commission's Public Art Advisory Committee Attachments: View Report.pdf, 80511 CMS.pdf The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Brooks, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Enactment No: 80511 18 Subject: Public Ethics Commission Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Appointing John Ashford As A Member Of The Public Ethics Commission Attachments: View Report.pdf, 80512 CMS.pdf The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Brooks, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 14 Printed on 4/4/2008",14,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council Enactment No: 80512 19 Subject: Cox, Castle & Nicholson LLP - Conflict Of Interest Waiver From: Office of the City Attorney Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing Waiver Of Any Potential Conflict Of Interest That The Law Firm Of Cox, Castle & Nicholson LLP, May Have As A Result Of : (1) Representing The Developer Of The Oak To Ninth Project; And (2) Representing Clients In Obtaining Land Use Entitlements Or Other Project Approvals From The Agency Or City; And Attachments: View Report.pdf A motion was made by Councilmember Reid, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion failed by the following vote: ORAICouncilmember 3 - Councilmember Brunner, Councilmember Quan and Councilmember Abstained: Brooks ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 4 Councilmember Kernighan, Councilmember Chang, President of the Council De La Fuente and Councilmember Reid 2) An Agency Resolution Authorizing Waiver Of Any Potential Conflict Of Interest That The Law Firm Of Cox, Castle & Nicholson LLP, May Have As A Result Of: (1) Representing The Developer Of The Oak To Ninth Project; And (2) Representing Clients In Obtaining Land Use Entitlements Or Other Project Approvals From The Agency Or City A motion was made by Councilmember Reid, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion failed by the following vote: ORAICouncilmember 3 - Councilmember Brunner, Councilmember Quan and Councilmember Abstained: Brooks ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 4 - Councilmember Kernighan, Councilmember Chang, President of the Council De La Fuente and Councilmember Reid 20 Subject: Calhome Program Grant From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate Grant Funds In An Amount Not To Exceed $1 Million From The California Department Of Housing And Community Development For Funding From The Calhome Program For First-Time Homebuyer Mortgage Assistance Programs City of Oakland Page 15 Printed on 4/4/2008",15,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council Attachments: View Report.pdf, 80513 CMS.pdf Staff was directed to return to committee within two months with information on giving preference to Oakland residents in any housing program. They were also directed to create a pamphlet that lists all the available housing programs. The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote: ORAICouncilmember 1 Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Enactment No: 80513 21 Subject: Oakland Ice Center Management And Operation From: Councilmember Larry Reid Recommendation: Adopt One Of The Following Pieces Of Legislation: 1) 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; Or Attachments: View Report.pdf, View Contract Addendum.pdf The following individual(s) spoke on this item: - Sanjiv Handa - Melinda Franklin - Dino Konrai - Lizzie Goetz - Emmie LeRoy - Mariah Kabick - Casey Konrai - Trevor Chapin - Trevor Konrai - Bob Burrows - William Taylor - Erin Stoker - Rosalind Manoogian - Marilyn Clark - Marguerite Young - Don Gralnek - Candy Goodson - Sharon Kirby-Cahil City of Oakland Page 16 Printed on 4/4/2008",16,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council - Sharon Comstock - Matias Sanchez - Fred Brown - Charlie Faas - Laura Borges - Dannika Borges - John Poch - Joseph Hong Not Adopted 2) An Agency Resolution Authorizing A Three-Year Operations And Management Agreement With San Jose Arena Management, LLC For The Oakland Ice Center For A Negotiated Annual Fee Based On A Percentage Of Net Revenue, Pursuant To Specific Criteria; Or Attachments: 2007-0036 CMS.pdf Agency/Councilmember Kernighan made a motion, seconded by Agency/Councilmember Quan, to approve the recommendations as amended below: RESOLVED That the Agency Administrator is hereby authorized to negotiate a three year agreement Management Agreement with SJAM for the management and operation of the OIC consistent but not limited to the terms set forth below and then return to Council for approval of the contract 6. The Agency shall only be required to reimburse SJAM a maximum of $30,000 for the cost of Initial Facility Clean up if the Agency's share of net revenue from the OIC after deduction of the Incentive Fee is sufficient to make such reimbursement during the initial 3-year term of the Management Agreement 7. The Management Agreement shall require that SJAM maintain a balanced and diverse schedule of programs of hockey figure skating public skating ice dancing and other ice related activities at the OIC with any significant changes in program scheduling and increases in fees to be brought back to the Agency Administrator for review and approval 8. During each year of the term of the Management Agreement SJAM shall offer a) free admission and skating equipment for no less than one thousand (1,000) Oakland Unified School District OUSD students during field trips to the OIC which shall take place on such dates and times to be determined in consultation with Agency and OUSD staff and b) in cooperation with OUSD SJAM shall arrange the physical transporting of these OUSD students to the OIC whether by contributions or other means without any expense cost to the City Agency or OUSD 9. At least four (4) times during each year of the term of the Management Agreement SJAM shall offer every OUSD student participating in OUSD's After School Program free skating dates and times and skating equipment 10. SJAM shall offer additional scholarship programs for OUSD students 11. SJAM shall endeavor to create a High School Hockey League competition and sponsor at least one OUSD team 12. SJAM shall contribute an additional $100,000 in addition to the $30,000 for Initial Facility Clean up to a capital improvement program Capital Improvements and the City Administrator shall coordinate with the proposed City Agency budget an equal match by the Agency or City of Oakland SJAM shall then implement such Capital Improvements at the OIC in consultation with Agency staff City of Oakland Page 17 Printed on 4/4/2008",17,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 13. SJAM shall ensure that Oakland residents receive a ten (10) percent discount on all fees, admissions and skating equipment rentals 14. In consultation with Agency staff SJAM will include up to $80,000 for direct OIC marketing expenditures during each annual budget cycle for the OIC and offer another $175,000 in-kind value at other San Jose Sharks or SJAM affiliated facilities such as HP Pavilion at San Jose Logitech Ice at San Jose and Fremont Ice Center 15. The Agency reserves all naming rights for the facility and any revenues that may be generated from such naming rights in the future The Agency shall consult with SJAM prior to any name changes of the facility during the period of this contract 16. The customers and patrons of the OIC are encouraged to form an advisory committee whose members shall represent a balance of ice activities SJAM shall meet with the OIC advisory committee at least three (3) times during each year of the term of the Management Agreement In those meetings the advisory committee and SJAM management will review and discuss issues relevant to the programs scheduling and standards at the OIC Agency/Councilmember Brooks proposed adding the Comparison of Current and Proposed Ice Rink Usage chart as an addendum to the contract, (attached to the Main File ID for this item), Agency/Councilmember Kernighan accepted the friendly amendment and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Quan, Reid and President of the Council De La Fuente - -7, Excused: Nadel -1 A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted as Amended. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Brooks Abstained: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Noes: 1 - Councilmember Reid ORAICouncilmember Ayes: 5- - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan and President of the Council De La Fuente Enactment No: 2007-0036 3) An Agency Resolution Rejecting All Bids Received In Response To The April 2006 Request For Proposals For Management Of The Oakland Ice Center, Closing The Request For Proposals Process, And Authorizing Negotiation Of Terms For A Two-Year Operations And Management Agreement With Either Rink Management Services Corporation Or San Jose Arena Management, LLC For The Oakland Ice Center Pursuant To Specific Criteria And Returning To Council For Approval Of The Final Contract; Or Not Adopted 4) An Agency Resolution Rejecting All Bids Received In Response To The April 2006 Request For Proposals For Management Of The Oakland Ice Center, Closing The Request For Proposal Process, And Authorizing Issuance Of A City of Oakland Page 18 Printed on 4/4/2008",18,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Chang, that this matter be *Received and Filed. The motion carried by the following vote: ORAICouncilmember 1 Councilmember Nadel Excused: City of Oakland Page 19 Printed on 4/4/2008",19,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council ORAICouncilmember Ayes: 7 - - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 24 Subject: Lake Chabot Golf Course From: Office of Parks and Recreation Recommendation: Adopt A Resolution To Reject All Submissions Received For The Operation And Management Of Lake Chabot Golf Course And Close The Current Request For Qualifications (RFQ) Process; To Issue A New Request For Proposals (RFP) In Nine Months; To Waive The RFP Requirements For A Temporary Management Agreement And To Authorize The City Administrator To Negotiate And Execute A Temporary Management Agreement With Touchstone Golf, LLC For Operation And Management Of Lake Chabot Golf Course For The Interim Period In An Amount Not To Exceed $130,000 (TITLE CHANGE) Attachments: View Report.pdf, View Supplemental Report.pdf, 80514 CMS.pdf Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Reid, to approve the recommendations as amended: Remove the 1st Further Resolved that reads, ""Further Resolved, that an RFP process to secure a long-term operator for Lake Chabot Golf Course. and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Quan, Reid and President of the Council De La Fuente -7, Excused: Nadel - -1 The following individual(s) spoke on this item: - Sanjiv Handa - Laurie Rosen A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Adopted as Amended. The motion carried by the following vote: ORAICouncilmember 1 - Councilmember Nadel Excused: ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Enactment No: 80514 Continuation of Open Forum The following individual(s) spoke under Open Forum: - Sanjiv Handa - Mary Larkin City of Oakland Page 20 Printed on 4/4/2008",20,OaklandCityCouncil/2007-04-03.pdf OaklandCityCouncil,2007-04-03,"Concurrent Meeting of the Oakland Online Meeting Minutes - FINAL April 3, 2007 Redevelopment Agency/ City Council 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 Cesar Diaz and Debra Green at 10:05 PM. 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 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 21 Printed on 4/4/2008",21,OaklandCityCouncil/2007-04-03.pdf