body,date,text,page,path OaklandCityCouncil,2007-09-18,"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 Concurrent Meeting of the Oakland Redevelopment Agency/City Council Tuesday, September 18, 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 6:20pm. 2 Roll Call / ORA & Council Play Video 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) Play Video The following individuals spoke under open forum: - Araceli Gutierrez - Hermelinda Zambrano - Sharon Cornu - Esteban Cvaya - Cesar Rodriguez - Jan Garrett - Barbara Bernstein - Hector Reyna - David Unger 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. City of Oakland Page 1 Printed on 2/11/08",1,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 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 July 17, 2007 There were no draft minutes included in the packet for approval. There was no action necessary for this item. The following individual spoke under this item: - Sanjiv Handa 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Dr. C Dianne Howell - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Honoring Dr. C. Dianne Howell On Her Dedicated Commitment To The Community And Convening The Black Expo To The City Of Oakland 07-0546 A motion was made by Councilmember Reid, seconded by Councilmember Chang, 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 The following individual spoke under this item: - Sanjiv Handa View Report.pdf 80796 CMS.pdf City of Oakland Page 2 Printed on 2/11/08",2,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 8.2 Subject: Pamela Williams - Recognition From: Council Member Larry Reid Recommendation: Adopt A Resolution Honoring Officer Pamela Williams On Her Retirement From The Oakland Police Department After 28 Years Of Dedicated Service 07-0519 Play Video A motion was made by Councilmember Reid, seconded by Councilmember Quan, 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 80797 CMS.pdf 8.3 Subject: Rosemary Alcantrara - Recognition From: Office of the City Attorney Recommendation: Adopt A Resolution Commending Rosemary R. Alcantara For 30 Years Of Devoted And Dedicated Service And Congratulating Her On Her Retirement 07-0561 A motion was made by Councilmember Quan, seconded by Councilmember Nadel, 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 80798 CMS.pdf 8.4 Subject: Young Athletes - Recognition From: Councilmembers Larry Reid and Desley Brooks Recommendation: Adopt A Resolution Honoring The 12 Year Old Athletes From Oakland, For Their Efforts In Participating In The Babe Ruth World Series Held In Baltimore, Maryland, August 10th Through August 15th, 2007 07-0571 A motion was made by Councilmember Brooks, 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 80799 CMS.pdf City of Oakland Page 3 Printed on 2/11/08",3,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Charles J. Patterson Agency/Councilmember Reid and Council President De La Fuente took a point of personal privilege and requested that the meeting be adjourned in memory of Tomas Merlot Smith 10. CONSENT CALENDAR (CC) ITEMS: Play Video 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 07-0532 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdt 80800 CMS.pdf 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 07-0533 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORA)Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80801 CMS.pdf City of Oakland Page 4 Printed on 2/11/08",4,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.3-CC Subject: Kent Harris - 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 Kent Harris V. City Of Oakland, Et Al., Case No. RG05216478, In The Amount Of $25,000.00 (Police Department) 07-0545 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid COUNCILMEMBER KERNIGHAN WAS NOTED ABSENT 7:20PM View Report.pdf 80802 CMS.pdf 10.4 Subject: Port Of Oakland - Conflict Of Interest Code From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving A Conflict Of Interest Code For Designated Employees Of The Port Of Oakland 07-0531 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/2/2007 The following individual spoke under this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdt 80856 CMS.pd 10.5-CC Subject: Marc Rosenbaum - 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 Rosenbaum V. City Of Oakland, Alameda County Superior Court Case No. RG06-266560 In The Amount Of $250,000.00 (DHS) 07-0544 A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Reid The following individual spoke under this item: - Sanjiv Handa View Report.pdf 80803 CMS.pdf City of Oakland Page 5 Printed on 2/11/08",5,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.6-CC Subject: East Oakland Boxing Association - Lease 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 New Lease With The East Oakland Boxing Association For City Property Located At 816-828 98th Avenue For Zero Rent In Exchange For In-Kind Services As Authorized By Ordinance No. 11722 C.M.S., For A Term Of Five (5) Years, With The City Having The Option To Grant One Additional Five Year Term Under The Same Terms And Conditions 07-0420 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 12822 CMS.pdf 10.7-CC Subject: Purchase Of 3233 Market Street 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 Olivet Institutional Missionary Baptist Church For The City's Purchase Of 3233 Market Street A Special Use Building, For The Fair Market Value Of Eight Hundred Fifty Thousand Dollars ($850,000) Plus Real Estate Closing Costs 07-0406 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual spoke under this item: Sanjiv Handa View Report.pdt 12823 CMS.pdf City of Oakland Page 6 Printed on 2/11/08",6,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.8-CC Subject: Property Rights On Butters Drive From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate, Execute And Acquire Property Rights In An 11,960 Square Foot Parcel Of Land, Located On Butters Drive Between Robinson And Brunell Drives, For Open Space From The Butters Land Trust For The Amount Of One Hundred Eighty-Five Thousand Dollars ($185,000) Plus Closing Costs Not To Exceed Five Thousand Dollars ($5,000) For The Measure DD Watershed Acquisition Project 07-0407 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 12824 CMS.pdf 10.9-CC Subject: Purchase Of 5818 International Boulevard From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The Purchase Of Real Property At 5818 International Boulevard (Apn 038-3234-012-03 And 038-3234-013-01) From A. Essabhoy, Trustee Of The Essabhoy Trust, For $790,000, Plus Customary Real Estate Closing Costs, For Redevelopment As A Teen Youth Center, And Accepting And Appropriating A Contribution Of $790,000, Plus Customary Real Estate Closing Costs, From The Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The Property; And 07-0408 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 12825 CMS.pdf City of Oakland Page 7 Printed on 2/11/08",7,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.10-CC Subject: Ralph And Joan Smith - 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 Ralph Smith And Joan Smith In The Amount Of Sixty Thousand Dollars And No Cents ($60,000.00), As A Result Of Property Damage Sustained Due To Repeated Sewer Flooding Caused By A Failed City Sewer Main On December 18, 22 And 31, 2005, February 27, 2006, March 1, 2006 And April 12-13, 2006 (Public Works Agency) 07-0558 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80804 CMS.pdf 10.11-CC Subject: Sydney Vax - 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 Grunsky, Ebey, Farrar & Howell Subrogee For CSAA Sydney Vax, In The Amount Of $41,679.79, As A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Broken And Clogged City Sewer Main (PWA) 07-0559 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80805 CMS.pdf 10.12-CC Subject: Miroslaw Laszuk - 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 Miroslaw Adam Laszuk In The Amount Of Seven Thousand Fifty Two Dollars And 26 Cents ($7,052.26), As A Result Of Property Damage Sustained In An Automobile Collision With A City Vehicle On April 23, 2007. (Public Works Agency) 07-0560 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80806 CMS.pdf City of Oakland Page 8 Printed on 2/11/08",8,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.13-CC Subject: Project Priority Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $2,000 From Councilmember De La Fuente's Priority Project Funds To The Friends Of Oakland Parks & Rec For The Purpose Of Funding Memorial Plaque Replacements In The Firestorm Memorial Garden 07-0574 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual spoke under this item: - Sanjiv Handa View Report.pdf 80807 CMS.pdf 10.14-CC Subject: Priority Project Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $1,000 From Councilmember De La Fuente's Priority Project Funds To The Oakland East Bay Symphony Music In Schools Fund-A-Need 07-0575 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80808 CMS.pdf 10.15-CC Subject: Priority Project Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $500 From Councilmember De La Fuente's Priority Project Funds to The Crucible's Fund-A-Need Scholarship 07-0576 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80809 CMS.pdf City of Oakland Page 9 Printed on 2/11/08",9,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.16 c€ -Subject: Priority Project Funds-District Five From: Council Prosident De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $2,000 From Council Member De La Fuente's Priority Project Funds To The Friends Of Peralta Hacienda Historical Park For The Purpose Of Funding Family Fun Days At Peralta Hacienda Historical Park 07 0577 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 10.17 CC -Subject: High Speed Rail Alignment From: Council Prosident De La Fuente & Mayor Ronald Dellums Recommendation Adopt A Resolution Urging The Metropolitan Transportation Commission, The California High Speed Rail Authority, The State Legislature And The Governor Of California To Implement And Fund The Regional Rail Plan In Accordance With Regional Measure 2 With A High Speed Rail Alignment Through The East Bay And Oakland With A Direct Link To The Transbay Terminal 07 0578 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - 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.pd 80900 CMS.pdf 10.18-CC Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Allocation Of $7,143.75 Of Councilmember Larry E. Reid's Priority Project Funds To The Oakland Police Department To Fund Travel Expenses For Staff Attendance At Two Training Conferences 07-0557 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80810 CMS.pdf City of Oakland Page 10 Printed on 2/11/08",10,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.19-CC Subject: Tract 7763 Final Map - 5920 San Pablo From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving A Subdivision Improvement Agreement With KG Partners LP For The Final Map For Tract 7763 For Construction Of Public Infrastructure Improvements For A Subdivision At 5920 San Pablo Avenue 07-0567 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80811 CMS.pdf 2) A Resolution Conditionally Approving The Final Map For Tract 7763 For A Subdivision At 5920 San Pablo Avenue And Conditionally Accepting Irrevocable Offers of Dedication For On-Site Public Access And Public Utility Easements 07-0567-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 80812 CMS.pdf 10.20-CC Subject: Tract 7821 Final Map - 508 105th Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract 7821 And Accepting A Dedication Of A Public Utility Easement For A Residential Subdivision At 508 105th Avenue 07-0568 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80813 CMS.pdf City of Oakland Page 11 Printed on 2/11/08",11,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.21-CC Subject: Tract 7611 Final Map - 1158 14th Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract 7611 For A Residential Subdivision At 1158 14th Street 07-0569 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80814 CMS.pdf 10.22-CC Subject: Tract 7787 Final Map - 1200 Ariane Court From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Conditionally Approving A Subdivision Improvement Agreement With CCCI Properties For The Final Map For Tract 7787 For The Chateau Montclair Subdivision For Construction Of Public Infrastructure Improvements At 1200 Ariane Court 07-0570 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80815 CMS.pdf 2) A Resolution Conditionally Approving The Final Map For Tract 7787 For The Chateau Montclair Subdivision At 1200 Ariane Court And Conditionally Accepting Irrevocable Offers Of Dedication For On-Site Public Access And Public Utility Easements 07-0570-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 80816 CMS.pdf City of Oakland Page 12 Printed on 2/11/08",12,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 10.23-CC Subject: Councilmember Desley Brooks - Travel Authorization From: Councilmember Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Attend The Congressional Black Caucus Legislative Conference September 26-29, 2007 07-0579 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual spoke under this item: - Sanjiv Handa View Report.pdf 80817 CMS.pdf 10.24-CC Subject: Lau And Liu 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 Lau And Liu V. City Of Oakland, Et Al., Superior Court, County Of Alameda, Case No. RG06289218, In The Amount Of $16,000.00, As A Result Of A Vehicular Accident At Fourteenth And Clay Street, On February 19, 2006 (Oakland Police Department) 07-0580 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80818 CMS.pdf 10.25-CC Subject: Councilmember Brunner - Travel Authorization From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Authorizing Councilmember Jane Brunner To Travel To New York, New York For The Purpose Of Visiting The New York World Trade Center In September, 2007 07-0581 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual spoke under this item: - Sanjiv Handa 80819 CMS.pdf City of Oakland Page 13 Printed on 2/11/08",13,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.26-C Subject: Class II Bicycle Lanes On West Street C From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Authorizing Installation Of Class II Bicycle Lanes On West Street By Reducing Travel Lanes From Four (4) Through Lanes To Two (2) Through Lanes And Adding A Continuous Center-Turn Lane In Conjunction With A Resurfacing Project Between 52nd Street And West Macarthur Boulevard 07-0195 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - 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 80820 CMS.pdf S-10.27-C Subject: Trail Development Grants C From: Community And Economic Development 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 From The San Francisco Bay Trail Regional Development Program, From Proposition 84, For Up To Six Hundred Thousand Dollars ($600,000.00) Of Which Three Hundred Thousand Dollars ($300,000.00) Is For The Derby Avenue To Lancaster Street Gap Closure And Three Hundred Thousand Dollars ($300,000.00) Is For The Cryer Site (Dennison Street To Union Point Park) Gap Closure Segments Of The Oakland Waterfront Bay Trail 07-0517 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORA)Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pd 80821 CMS.pdf City of Oakland Page 14 Printed on 2/11/08",14,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 2) A Resolution Of The Oakland City Council Authorizing The City Administrator, Or Her Designee, To Apply For, Accept And Appropriate Grant Funds From The California Department Of Parks And Recreation Recreational Trails Program For The Cryer Site Gap Closure Segment Of The Oakland Waterfront Trail Up To The Amount Of Six Hundred Thousand Dollars ($600,000.00) 07-0517-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 80822 CMS.pdf S-10.28-C Subject: Revocable And Conditional Permit - 3701 Broadway C From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting Kaiser Foundation Hospitals A Revocable And Conditional Permit For A New Building At 3701 Broadway To Allow Vaults With Telecommunication Equipment And Electrical Transformers To Encroach Under The Public Sidewalk Along Broadway And 38th Street 07-0548-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80823 CMS.pdf S-10.29-C Subject: Revocable And Conditional Permit - 3665 West Street C From: Community And Economic Development Recommendation: Adopt A Resolution Granting Phan Lan A Revocable And Conditional Permit To Allow An Existing Building At 3665 West Street To Encroach Into The Public Right-Of-Way Along West Street And 37th Street 07-0549 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80824 CMS.pdf City of Oakland Page 15 Printed on 2/11/08",15,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.30-C Subject: 4850 Clarewood Drive - Storm Drainage Easement C From: Community and Economic Development Recommendation: Adopt A Resolution Vacating Public Service Easement At 4850 Clarewood Drive To The Roman Catholic Welfare Corporation Of Oakland For Saint Theresa Parochial School 07-0550 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80825 CMS.pdf S-10.31-C Subject: 73rd Avenue And Garfield Avenue Traffic Signal Project C From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Accept And Appropriate A Grant In The Amount Of Two Hundred Seventy-Five Thousand Dollars ($275,000.00) From The Alameda County Congestion Management Agency Transportation Improvement Program (ACCMA TIP) For The 73rd Avenue And Garfield Avenue Traffic Signal Project and Waiving the 1.5% Public Art Fee 07-0551 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80826 CMS.pdf City of Oakland Page 16 Printed on 2/11/08",16,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.32-C Subject: AJW Construction Contract C From: Community And Economic Development Agency Recommendation: Adopt A Resolution Awarding A Contract To The Lowest Bidder, AJW Construction, For The Construction Of The Citywide Traffic Island And Bulb-Out In Accordance With Specifications For Project No. C159720, Fiscal Year 2005 - 2007, At The Santa Clara Avenue At Lakepark Avenue, Vernon Street At Lee Street, Joaquin Miller Road At Robinson Drive, Pierson Street Between Macarthur Boulevard And Redding Street, Park Boulevard At El Centro Avenue, And Three Or More Other Pending Locations In The Amount Of Five Hundred Three Thousand One Hundred Eighty-Five Dollars ($503,185.00) 07-0552 This Matter was Adopted on the Consent Agenda. Votes: ORACouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80827 CMS.pdf S-10.33-C Subject: Sale Of Real Property - 4201 Foothill Boulevard C From: Community and Economic Development Agency Recommendation: Approve The Introduction (First Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement To Sell Approximately 8,704 Square Feet Of City-Owned Surplus Real Property Located At 4201 Foothill Boulevard To Singa Development LLC, A California Limited Liability Company, The Adjoining Property Owner, For The Fair Market Value Of Three Hundred Twenty-One Thousand Nine Hundred Sixty-One Dollars ($321,961) 07-0540 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 12827 CMS.pdf City of Oakland Page 17 Printed on 2/11/08",17,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.34-C Subject: Friendly Transportation Company - Land Agreements C From: Community and Economic Development Agency Recommendation: Approve The Introduction (First Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute 1) An Agreement To Acquire An Easement On A Portion Of A Parcel Of Land From Friendly Transportation Company To Construct A Section Of Bay Trail Along The Oakland Tidal Canal At Alameda Avenue For $30,000 Plus Customary Closing Costs To Be Funded From Measure DD, And 2) A Right Of First Refusal For Friendly Transportation Company To Purchase Future Surplus City Land, If Any, Remaining From The Proposed 42nd Ave. And High Street Widening Project, Extending From 8th Street To Howard Street, At Fair Market Value, Subject To Applicable State And City Statutes 07-0541 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 12828 CMS.pdf S-10.35-C Subject: Mandela Foods Cooperative Grant C From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing A $200,000 Tenant Improvement Grant To The Mandela Foods Cooperative To Rehabilitate Its Grocery Store At 1420-1430 7th Street, And Allocating West Oakland Redevelopment Funds For The Grant 07-0493 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 2007-0073 CMS.pdf City of Oakland Page 18 Printed on 2/11/08",18,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.36-C Subject: The Neighborhood Project Initiative Program C From: Community & Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authoring Funding For Various Improvement Projects In An Amount Not To Exceed $200,000 Under The Broadway/Macarthur/San Pablo Neighborhood Project Imitative Program, Authorizing A Contribution Of Agency Funds To The City Under The Cooperation Agreement In An Amount Not To Exceed $185,000 For City Public Improvements Under The Program, And Authorizing The Agency Administrator To Enter Into Agreements With Project Sponsors And Make Necessary Expenditures To Implement Projects Funded Under The Program Without Returning To The Agency 07-0455 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORACouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 2007-0069 CMS.pd 2) A Resolution Accepting And Appropriating Redevelopment Agency Funds Under The Cooperation Agreement In Amount Not To Exceed $185,000 For City Public Improvements Within The Broadway/Macarthur/San Pablo Redevelopment Project Area Under The Neighborhood Project Initiative Program 07-0455-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 80829 CMS.pdf City of Oakland Page 19 Printed on 2/11/08",19,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.37-C Subject: East Bay Regional Park District - Real Property Exchange Agreement C From: Community and Economic Development Agency Recommendation: Approve The Introduction (First Reading) Of An Ordinance Authorizing The City Administrator To (1) Negotiate And Execute A Real Property Exchange Agreement With The East Bay Regional Park District (""EBRPD"") For The Exchange Of City Of Oakland Owned Lands Located Near Roberts Regional Recreation Area, Redwood Regional Park, Temescal Regional Area, And The Claremont Canyon Regional Preserve, For EBRPD Owned Lands Located In Shepard Canyon, And (2) Grant A West Ridge Trail Easement And A Redwood Bowl Parking Lot Easement To EBRPD In Consideration Of Its Payment Of The City's Share ($15,000) Of The Cost To Prepare The Legal Descriptions Of The Properties To Be Exchange 07-0542 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 12832 CMS.pdf S-10.38-C Subject: Youth Early Diversion Program C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To 1) Waive The Competitive Request For Proposals Process, And 2) Negotiate, And Enter Into A Contract With East Bay Community Foundation To Implement A Youth Early Diversion Program And To Conduct A Police Training Collaborative In An Amount Not-To-Exceed Ninety-Four Thousand Five Hundred Eight-Eighty Dollars ($94,588) For A Period Not-To-Exceed One Year From The Date Of Passage Of This Resolution 07-0449 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - 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 80830 CMS.pdf City of Oakland Page 20 Printed on 2/11/08",20,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-10.39-C Subject: Training Equipment For The Oakland Fire Department C From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Solicit, Apply For, Accept And Appropriate Grants And Donations Of Cash, Services, Equipment, Supplies And Training From, But Not Limited To, State And Federal Agencies, Local Businesses, Corporations, Utility Companies, And Other Sources In Aggregate Amounts That Will Not Collectively Exceed Three Million Dollars Over A Two Year Period Beginning October 1, 2007 And Ending September 30, 2009 To Be Used For The Enhancement And Upgrade Of The Oakland Fire Department Training Division 07-0516 This Matter was Adopted on the Consent Agenda. Votes: ORACouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80831 CMS.pdf S-10.40-C Subject: Elmhurst Weed and Seed Initiative C From: Office Of The City Administrator 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 U.S. Department Of Justice, Office Of Justice Programs, Community Capacity Building Office, In Support Of Second Year Program Operations Associated With The Elmhurst Weed And Seed Initiative In The Office Of The City Administrator 07-0522 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid View Report.pdf 80832 CMS.pdf City of Oakland Page 21 Printed on 2/11/08",21,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council Passed The Consent Agenda A motion was made by Councilmember Brunner, 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: Votes: ORAICouncilmember Absent: 1 - Councilmember Kernighan ORAICouncilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid COUNCILMEMBER KERNIGHAN WAS NOTED PRESENT AT 7:28PM COUNCILMEMBER REID WAS NOTED ABSENT AT 7:30PM 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session A motion was made by Councilmember Brunner, seconded by Councilmember Chang, to *Approve as Submitted from the Office of the City Attorney a report of 1 final decision made during Closed Session. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 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 spoke under this item: - Sanjiv Handa Please refer to Attachment A. CLOSED SESS. 9-18-07 View Report.pdf City of Oakland Page 22 Printed on 2/11/08",22,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 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 Brooks, seconded by Councilmember Chang, to *Approve as Submitted the motion confirming that there were no discussions pursuant to Section 15 of the Sunshine Ordinance COUNCILMEMBER REID WAS NOTED PRESENT AT 7:40PM 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 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: City of Oakland Page 23 Printed on 2/11/08",23,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 14.1 Subject: 2006-2007 CAPER From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Receive A Report Regarding The Consolidated Annual Performance And Evaluation Report (CAPER) For Community Development Block Grant (CDBG) HOME, Housing Opportunities For People With AIDS (HOPWA) And Emergency Shelter Grant (ESG) Programs Performance For The Year 2006-2007 07-0372 Play Video A motion was made by Councilmember Quan that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Noes: 1 - Councilmember Brunner ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan, President of the Council De La Fuente and Councilmember Reid Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:30 The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Brunner, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember. Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf City of Oakland Page 24 Printed on 2/11/08",24,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 14.2 Subject: Purchase Of Real Property - 1718 50th Avenue 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 Authorizing The Purchase Of Real Property At 1718 50th Avenue, Oakland (APN 035-2386-019)) From Dierdre Veals, For $309,000, Plus Customary Real Estate Closing Costs, For Redevelopment As Fire Station 18 And Accepting A Contribution Of $309,000, Plus Customary Real Estate Closing Costs, From The Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The Property; And 07-0539 A motion was made by Councilmember Kernighan, seconded by Councilmember Brunner, that this matter be Approved as Amended on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 2, 2007. 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 Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7.42pm The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Kernighan made a motion, seconded by Agency/Councilmember Brunner, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf View Supplemental Report.pdf 12829 CMS.pdf City of Oakland Page 25 Printed on 2/11/08",25,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 2) An Agency Resolution Authorizing The Contribution Of $309,000 Plus Customary Real Estate Closing Costs To The City Under The Cooperation Agreement For The Acquisition Of 1718 50th Avenue For Its Redevelopment As A Fire Station 07-0539-1 A motion was made by Councilmember Kernighan, seconded by Councilmember Brunner, 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 2007-0070 CMS.pd 14.3 Subject: Wood Street Development District Formation From: Budget Office Recommendation: Conduct A Public Hearing On Formation Of Community Facilities District No. 2007-1 (Wood Street Development District), Authorizing The Levy Of A Special Tax Therein And Submitting The Levy Of The Special Tax To The Qualified Electors Of The Community Facilities District And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) A Resolution Of Formation Of Community Facilities District No. 2007-1 And Authorizing The Levy Of A Special Tax Therein; And 07-0500 A motion was made by Councilmember Nadel, 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 Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:43pm The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Reid, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 80833 CMS.pdf City of Oakland Page 26 Printed on 2/11/08",26,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 2) A Resolution Calling Special Mail Ballot Election For Qualified Electors Of Community Facilities District No. 2007-1; And 07-0500-1 A motion was made by Councilmember Nadel, 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 80834 CMS.pdf 3) A Resolution Determining The Result Of The Special Mail Ballot Election Held In Community Facilities District No. 2007-1 (Wood Street Development District), On June 19, 2007; And 07-0500-2 A motion was made by Councilmember Nadel, 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 80835 CMS.pdf 4) Approve The Introduction (First Reading) Of An Ordinance Levying Special Taxes Within The Community Facilities District No. 2007-1 (Wood Street Development District) 07-0500-3 A motion was made by Councilmember Nadel, seconded by Councilmember Reid, that this matter be Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 2, 2007. 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 12830 CMS.pdf City of Oakland Page 27 Printed on 2/11/08",27,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 14.4 Subject: Appeal For 1727 East 24th Street From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing and Upon Conclusion Adopt A Resolution Denying The Appeal And Sustaining The Decision Of The Planning Commission For Construction Of A Four (4) Unit Condominium In The R-50 Zone With A Two (2) Foot Height Variance Located At 1727 E 24th Street (Case File Number(s) A07-103; CMDV05-507; & TPM8859 07-0208 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/2/2007 The following individual spoke under this item: - Dave Miller View Report.pdf View Supplemental Report.pdf 80874 CMS.pdf City of Oakland Page 28 Printed on 2/11/08",28,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 14.5 Subject: Delinquent Business Taxes From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County For Collection; Or 07-0562 A motion was made by Councilmember Reid, seconded by Councilmember Chang, 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 Upon the reading of Item 14. .5by the City Clerk, the Public Hearing was opened at 7:50 pm The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Chang, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 80836 CMS.pdf 2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; Or 07-0562-1 Not Adopted City of Oakland Page 29 Printed on 2/11/08",29,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code 07-0562-2 Not Adopted 14.6 Subject: Delinquent Mandatory Garbage Fees From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For January/February/March 2007, Monthly Accounts And April/May/June 2007, Quarterly Accounts And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The Recordation Of Fiens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or 07-0563 Upon the reading of Item 14.6 by the City Clerk, the Public Hearing was opened at 7:57pm The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Chang, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 80837 CMS.pdf 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax Collector For Collection; Or 07-0563-1 Not Adopted City of Oakland Page 30 Printed on 2/11/08",30,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant Chapter 8.28 Of The Oakland Municipal Code 07-0563-2 Not Adopted 14.7 Subject: Delinquent Real Property Taxes From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or 07-0564 A motion was made by Councilmember Chang, seconded by Councilmember Quan, 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 Upon the reading of Item 14.7 by the City Clerk, the Public Hearing was opened at 8:00 The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Chang 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, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 80838 CMS.pdf City of Oakland Page 31 Printed on 2/11/08",31,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Page 32 Printed on 2/11/08",32,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 14.8 Subject: Delinquent Transient Occupancy Taxes From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or 07-0565 A motion was made by Councilmember Reid, seconded by Councilmember Chang, 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 Upon the reading of Item 14.8 by the City Clerk, the Public Hearing was opened at 8:03 pm The following individual spoke under this item: - Sanjiv Handa Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Chang, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 80839 CMS.pdf 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax Collector For Collection; Or 07-0565-1 Not Adopted City of Oakland Page 33 Printed on 2/11/08",33,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Transient Occupancy Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant Chapter 4.24 Of The Oakland Municipal Code 07-0565-2 Not Adopted 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 07-0535 A motion was made by Councilmember Kernighan, seconded by Councilmember Brooks, 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 80840 CMS.pdf 16 Subject: Pacific Renaissance Associates - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt The Following Pieces Of Legislation 1) A Resolution Authorizing Settlement Of Litigation In The Matter Of The City Of Oakland Et Al., V. Pacific Renaissance Associates II, Et Al., And Related Cases, Authorizing The Negotiation And Execution Of Documents To Effectuate The Settlement, And Rescinding Resolution No. 80120 C.M.S Authorizing Previous Settlement Terms; And 07-0547 Play Video A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Recused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan, President of the Council De La Fuente and Councilmember Reid View Report.pdf 80841 CMS.pdf City of Oakland Page 34 Printed on 2/11/08",34,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 2) An Agency Resolution Authorizing Settlement Of Litigation In The Matter Of The City Of Oakland Et Al., V. Pacific Renaissance Associates II, Et Al., And Related Cases, Authorizing The Negotiation And Execution Of Documents To Effectuate The Settlement, And Rescinding Resolution No. 2006-0065 C.M.S Authorizing Previous Settlement Terms 07-0547-1 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 Abstained: 1 - Councilmember Brooks ORAICouncilmember Recused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan, President of the Council De La Fuente and Councilmember Reid Item #16 The following individuals spoke under this item: - Benton T. Wong - Sanjiv Handa - Ngo Hong - Francis Chang - Roger Kim - Natalie Bonnewit - Elizabeth Johnson - Helen Hutchison - Lisa Forti - Ami Fishman - Art Hom - Eric Chang - Pui Man Wong - Roxanne Rommell - Adam Gold - Myrna Melgan - Alexandra Desautels - Ener Chiu - David Dologite - Amie Fishman - Andy Nelsen - York May Wong - Leah Hess - Michael Wong - Diana Wu - Xiao Ling Wang - Naomi Schiff - Jennie Ong - Barry Szeto City of Oakland Page 35 Printed on 2/11/08",35,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council - Vincent Chang - Loy Ng - Rudi Anto - Limin Li - Yu Juan Chen - Mei Chu Lem - Si Quing Liang - Ann Fok - Sugiarto Loni 2007-0071 CMS.pdf 17 Subject: Impact Of Waste Management Lockout From: Public Works Agency Recommendation: Receive An Informational Report Summarizing Events And Impacts On Garbage, Yard Waste, And Recycling Service In July 2007 Due To Waste Management Of Alameda County's Lockout Of Teamsters Local 70 07-0566 Play Video A motion was made by Councilmember Reid, seconded by Councilmember Chang, that this matter be *Received and Filed. 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 The following individual spoke under this item: - Sanjiv Handa View Report.pdf City of Oakland Page 36 Printed on 2/11/08",36,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 18 Subject: Tobacco Shop Moratorium From: Councilmember Larry Reid Recommendation: Adopt An Urgency Ordinance Pursuant To California Government Code Section 65858, Extending Until March 20, 2008 A Moratorium On The Establishment Of Any New Activity Or Facility Selling Tobacco Or Tobacco Related Products Or Paraphernalia 07-0573 Play Video A motion was made by Councilmember Reid, seconded by Councilmember Quan, that this matter be Approved for Final Passage. 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 The following individual spoke under this item: - Sanjiv Handa View Report.pdf 12826 CMS.pdf 19 Subject: Vehicle Sideshow Ordinance Repeal From: Office of the City Attorney Recommendation: Approve The Introduction (First Reading) Of An Ordinance Repealing Ordinance No. 12695 C.M.S. Which Declared Vehicle Sideshows A Public Nuisance, Prohibited The Gathering Of Spectators At Such Public Nuisance Events And Provided For The Forfeiture Of Vehicles Involved In Sideshow Events 07-0556 Play Video Approved on Introduction for Final Passage to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/2/2007 Votes: The following individuals spoke under this item: - Sanjiv Handa - Forrest Lewinger View Report.pdf View Supplemental Report.pdf 12831 CMS.pdf City of Oakland Page 37 Printed on 2/11/08",37,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 20 Subject: Oakland Park Ranger's Association - MOU From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving The Memorandum Of Understanding Between The City Of Oakland And The Oakland Park Rangers' Association, Representing Employees In Representation Unit R01, Covering The Period Of July 1, 2006 To June 30, 2008 07-0572 *Withdrawn with No New Date The following individual spoke under this item: - Sanjiv Handa View Report.pdf 2) Approve The Introduction (First Reading) Of An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To Increase The Salaries Of Employees By 4% For Fiscal Year 2006-2007 And 2007-2008, Pursuant To The Recently Approved Memorandum Of Understanding For The Oakland Park Rangers Association 07-0572-1 *Withdrawn with No New Date 21 Subject: Sjoberg Evashenk Consulting - Agreement From: The City Auditor Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal Process For An Increase In Scope Of Services And Price To The Agreement With Sjoberg Evashenk Consulting For Audit Services 07-0536 A motion was made by Councilmember Nadel, 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 The following individual spoke under this item: - Sanjiv Handa View Report. pdf 80842 CMS.pdf City of Oakland Page 38 Printed on 2/11/08",38,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"S-23 Subject: Residential Permit Parking Area - Panoramic Way From: Public Works Agency Recommendation: Adopt A Resolution Approving The Establishment Of A Two-Hour Parking Time Limit And Implementation Of A New Preferential Residential Permit Parking (PRPP) Area ""L"" On Panoramic Way From 401 Panoramic Way At The Oakland/Berkeley City Limit Southerly To 701 Panoramic Way At Dwight Way Pursuant To California Vehicle Code § 22507 And Oakland Municipal Code Section 10.44 07-0498 A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan and President of the Council De La Fuente View Report.pdf 80844 CMS.pdf City of Oakland Page 39 Printed on 2/11/08",39,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-24 Subject: Contract Compliance Analysis Format From: Contract and Purchasing Recommendation: Action On A Report And Recommendations On The Contents Of The City's Contract Compliance Analysis Format 07-0502 A motion was made by Councilmember Brooks, seconded by Councilmember Nadel, that this matter be Approved. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 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 spoke under this item: - Sanjiv Handa View Report.pdf S-25 Subject: Madison Square Park Interim Renovation Project From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing A Contribution Of $150,000.00 In Agency Funds To The City Of Oakland Under The Cooperation Agreement For Construction Of The Madison Square Park Interim Renovation 07-0553 A motion was made by Councilmember Kernighan, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 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 View Supplemental Report.pdf 2007-0072 CMS.pdf City of Oakland Page 40 Printed on 2/11/08",40,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council 2) A Resolution Authorizing The City To Accept And Appropriate A Contribution Of Redevelopment Agency Funds Under The Cooperation Agreement In The Amount Of One Hundred Fifty Thousand ($150,000.00) For The Madison Square Park Interim Renovation Project 07-0553-1 A motion was made by Councilmember Kernighan, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 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 80845 CMS.pdf 3) A Resolution Awarding A Contract To Beliveau Engineering Contractors For The Construction Of The Madison Square Park Interim Renovation Project (Project No. B00630) In The Amount Of Two Hundred Twelve Thousand Dollars ($212,000.00), Including Contingency 07-0553-2 A motion was made by Councilmember Kernighan, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 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 80846 CMS.pdf City of Oakland Page 41 Printed on 2/11/08",41,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-26 Subject: Equal Access Ordinance Implementation From: Office of Personnel Recommendation: Action On A Follow-Up Report On The Status Of The Implementation Of The Equal Access Ordinance And Recommendations For Improving Language Access To City Of Oakland Services 07-0292 A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, that this matter be Approved to proceed with the following actions: return with direction to insert State levels for access, provide information on non english speaking citizens use versus limited speaking citizens; commence with departmental survey as required by the State annually for Oakland; monitoring of limited english speaking persons who receive services; look at verious populations that have changed; look at the implementation to make sure there are no lawsuits; and look at the 5% threshold when this item returns to committee. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 3 - Councilmember Brunner, Councilmember Brooks and Councilmember Reid ORA)Councilmember Ayes: 5 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan and President of the Council De La Fuente The following individuals spoke under this item: - Gene L. Hazzard - Githaiga Ramsey - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Suplemental Report.pdf View report.pdf (Attachment A) Language Population Map.pdf View Supplemental Report.pdf City of Oakland Page 42 Printed on 2/11/08",42,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-27 Subject: Vestra Resources, Inc Agreement From: Public Works Agency Recommendation: Adopt A Resolution Waiving Oakland's Competitive Bid Process And Authorizing A Competitive Request For Proposal Process, For The Purchase Of A Computerized System Involving Products And Services, And Authorizing The City Administrator, Or Her Designee, To Negotiate And Award An Agreement To Vestra Resources, Inc. For A Work Management System For The Public Works Agency, Including Hardware, Software And Configuration, Installation, Testing, Training, And Support Services In An Amount Not To Exceed One Million Two Hundred Thousand Dollars ($1,200,000.00), Including A Ten Percent Contingency 07-0526 A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, 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 The following individual spoke under this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 80847 CMS.pdf City of Oakland Page 43 Printed on 2/11/08",43,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-28 Subject: Inclusionary Housing Report From: Community And Economic Development Agency Recommendation: Receive An Informational Staff Report Of Blue Ribbon Commission Recommendations For An Inclusionary Housing Ordinance, Condominium Conversion Ordinance Revisions And Other Housing Policy Recommendations 07-0554 A motion was made by Councilmember Chang, seconded by Councilmember Brooks, that this matter be *Received and Filed with direction to work with the Mayor's Office to coordination when this proposal could return with the Mayor's planned activities. 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 Item #S-28 The following individuals spoke under this item: - Janet Kobren - James E. Vann - Larry Hynson - Helen Hutchison - Greg McConnell - Dave Miller - Aaliya Carney - Deborah Carney - Sherry Eres - Amie Fishman - Luch Anne Kolin - Amy Fitzgerald - Renee Dyre - Ricardo Antoni - Mary Krueger - Bob Fearman - Bea Bernstine - Richard Speiglman - Vien Truong - Luan Huynn - Jonathan Bair - Silvia Josephine Venegas - Dave Kadlecek - Steven Edrington - Betty Wooldridge - David O'Keeffe - Grace Shanahan City of Oakland Page 44 Printed on 2/11/08",44,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council - Joe O'Donoghue - Gerry Agosta - Vanessa Moses - Yvonne Smith - Shirley Burnell - Sanjiv Handa View Report.pdf City of Oakland Page 45 Printed on 2/11/08",45,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council S-29 Subject: Smoking Ordinance From: Office of the City Administrator Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending Oakland Municipal Code Chapter 8.30, ""Smoking"", To Prohibit Smoking At Bus Stops And Other Areas Where The Public Waits For Service, At Outdoor Dining Areas, Public Trails, Parks And Golf Courses, Family Childcare Centers, Common Areas In Multi-Unit Housing, Hotels, And Motels, And The Oakland International Airport; Restrict Smoking Outside Bars; And Prohibit Smoking In Individual Units In New Multi-Unit Residential Buildings; Require New Rental Agreements To Disclose Nonsmoking Prohibitions; Deem Unconsented Exposure To Second Hand Smoke In All Multi-Unit Housing A Nuisance And Trespass 07-0237 A motion was made by Councilmember Nadel, seconded by Councilmember Quan, that this matter be Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 2, 2007. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 2 - Councilmember Brooks and Councilmember Reid ORAICouncilmember Absent: 1 - Councilmember Brunner ORAICouncilmember Ayes: 5 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan and President of the Council De La Fuente The following individuals spoke under this item: - Peter J. Van Kleef - Robin Brooks - Cindy A. Reeves - Keisha Nzewi - Pam Willow - Janice L. Woodward - John E. Ready - Steven Edrington - Lin Mayr - Dow Patten - Alma Ramos - Echa Schneider - Ralph Morales - Silvia Josehine Venegas - Sanjiv Handa - Carol McGruder - Jonathan Bair - Reginald Bernard Hawkins - Serena Chen - Michael Adel City of Oakland Page 46 Printed on 2/11/08",46,OaklandCityCouncil/2007-09-18.pdf OaklandCityCouncil,2007-09-18,"Concurrent Meeting of the Oakland Meeting Minutes September 18, 2007 Redevelopment Agency/City Council View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental 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) Play Video There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting in memory of Charles J. Patterson and Tomas Merlot Smith at 1:50 a.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 Clerk and Clerk of the Council City of Oakland Page 47 Printed on 2/11/08",47,OaklandCityCouncil/2007-09-18.pdf