body,date,text,page,path OaklandCityCouncil,2007-10-02,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza 1852 2002 Meeting Minutes Oakland, California 94612 OAKLAND LaTonda Simmons, City Clerk Grawing for are 150 Concurrent Meeting of the Oakland Redevelopment Agency/City Council 1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor City of Oakland Website: http://www.oaklandnet.com Tuesday, October 02, 2007 6:00 PM Oakland City Hall, 3rd Floor 1 Pledge of Allegiance Adopted 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: 16pm. 2 Roll Call / ORA & Council ORAICouncilmember Present: 8 - Councilmember Chang, Councilmember Nadel, Councilmember Kernighan, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 3 Open Forum / Citizens Comments (Time Available: 15 minutes) The following individual(s) spoke under Open Forum: - Marcelina Sanchez - Magdalena Sanchez - Joel Garcia - Alicia Melero - Susan McDonough - Lucille Landoner - Marcus Gary - Hector Reyna City of Oakland Page 1 Printed on 10/25/07",1,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 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. Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember De La Fuente, to withdraw item 10.12CC from the Consent Calendar and rescedule the item to the next City Council Meeting as a Non-Consent item. Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Nadel, to withdraw item 10.15CC from the Consent Calendar and rescedule the item to the next City Council Meeting as a Non-Consent item. Item 10.22CC was withdrawn by the Legislative Analyst with no return date. 5 Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall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 time. 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 time. 7 Approval of the Draft Minutes from the Special and Regular Concurrent Meetings of the Oakland Redevelopment Agency/City Council held on July 17, 2007 and September 18, 2007 A motion was made by Councilmember Reid, seconded by Councilmember Chang, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 8. PRESENTATION OF CEREMONIAL MATTERS City of Oakland Page 2 Printed on 10/25/07",2,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 8.1 Subject: Reese Erlich - Recognition From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Declaring October 2, 2007 ""Reese Erlich Day"" In The City Of Oakland 07-0622 A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 8.2 Subject: Domestic Violence Awareness Month From: Councilmember Jean Quan Recommendation: Adopt A Resolution Proclaiming October 2007 Domestic Violence Awareness Month 07-0648 A motion was made by Councilmember Quan, seconded by Councilmember Nadel, that this matter be Adopted as Amended. 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 as attached hereto. 9. COUNCIL ACKNOWLEDGEMENTS/ANNOUNCEMENTS Agency/Councilmember Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Willie Tatmon III and Jane Jackson. Agency/Councilmember Kernighan took a point of personal privilege and requested that the meeting be adjourned in memory of Jane Jackson. Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Edwin Thomas, Sr. Agency/Councilmember Quan took a point of personal privilege and requested that the meeting be adjourned in memory of John Bruno Freeman. Agency/Councilmember Chang took a point of personal privilege and requested that the meeting be adjourned in memory of Mary Lucille Jasper. 10. CONSENT CALENDAR (CC) ITEMS: City of Oakland Page 3 Printed on 10/25/07",3,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council Agency/Councilmember Quan made a motion seconded by Agency/Councilmember Reid to approve an urgency finding pursuant to Section 2.20.080 E(2) regarding Items 10:20CC and 10;21CC, that there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action on 10.20CC is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting and action on 10.21CC relates to federal or state legislation. 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 07-0634 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 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 07-0635 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 10.3-CC Subject: Travel Authorization - Councilmember Larry Reid From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing Councilmember Larry E. Reid To Travel To New Orleans, Louisiana To Attend The National League Of Cities Congress Of Cities And Exposition November 12-18, 2007 07-0614 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 4 Printed on 10/25/07",4,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 10.4-CC Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $10,000.00 From Councilmember Larry E. Reid's Priority Project Funds To E.C. Reems Community Services For Operating Expenses 07-0615 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 10.5-CC Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $5,000.00 From Councilmember Larry E. Reid's Priority Project Funds To Oakland Turfgrass Education Initiative For Operating Expenses 07-0616 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 10.6-CC Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $10,000.00 From Councilmember Larry E. Reid's Priority Project Funds To Oakland Parents Literacy Project For Operating Expenses 07-0617 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 5 Printed on 10/25/07",5,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 10.7-CC Subject: Sale Of Real Property - 4201 Foothill Boulevard 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 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: ORA)Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 10.8-CC Subject: Friendly Transportation Company - Land Agreements From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second 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 Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 6 Printed on 10/25/07",6,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Councilmember Reid 10.11-CC Subject: Vehicle Sideshow Ordinance Repeal From: Office of the City Attorney Recommendation: Approve The Final Passage (Second 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 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 7 Printed on 10/25/07",7,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 10.12 Subject: Smoking Ordinance From: Office of the City Administrator Recommendation: Approve The Final Passage (Second 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 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/16/2007 as a non-consent item 10.13-CC 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 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 10.14-CC 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 Andrew R. Brown In The Amount Of Six Hundred Forty Three Thousand Five Hundred Dollars And No Cents ($643,500.00), 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) 07-0530 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa City of Oakland Page 8 Printed on 10/25/07",8,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 10.15 Subject: High Speed Rail Alignment From: Council President 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 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/16/2007 The following individual(s) spoke and indicated a neutral position on this item: - Steve Lowe - Monso Nitoto 10.16-CC Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $5,000.00 From Councilmember Larry E. Reid's Priority Project Funds To The Oakland Black Cowboy Association For Expenses For The 33rd Annual Black Cowboy Parade 07-0647 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 10.17-CC Subject: Tract 7753 Final Map - 2130 Mountain Boulevard From: Community and Economic Development Agency Recommendation: Adopt A Resolution Conditionally Approving A Final Map For Tract 7753 To Convert Twenty Rental Housing Units To Condominium Ownership At 2130 Mountain Boulevard 07-0644 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 9 Printed on 10/25/07",9,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 10.18-CC Subject: Ratification Of The Mayor's Actions During 2007 Recess From: Office of the City Clerk Recommendation: Adopt A Resolution Ratifying Action Taken By The Mayor During The Oakland City Council 2007 Annual Recess In Conformance With Resolution No. 79006 C.M.S., Dated January 4, 2005 07-0657 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa 10.19-CC Subject: East Bay Regional Park District - Real Property Exchange Agreement From: Community and Economic Development Agency Recommendation: Adopt 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 Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid S-10.20-C Subject: Mitchell-Chavez - Settlement Agreement C From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Mitchell-Chavez V. City Of Oakland, Alameda County Superior Court Case No. RG05248338, Our File No. 24802 In The Amount Of $15,000 (Public Works Agency) As A Result Of A Trip And Fall Accident In The Vicinity Of College Ave. And Lawton St., Oakland, On January 12, 2005 07-0673 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 10 Printed on 10/25/07",10,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-10.21-C Subject: Analysis Of Senate Constitutional Amendment 12 C From: Council President De La Fuente Recommendation: An Urgency Request For Public Works Agency To Prepare An Analysis And Recommendation Regarding SCA 12 (Torlakson And Yee) Senate Constitutional Amendment No. 12 Related To Stormwater Fees 07-0669 This Matter was *Received and Filed on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid S-10.22 Subject: Analysis Of Senate Bill 3XX And Senate Bill 4XX From: Council President De La Fuente Recommendation: An Urgency Request For Public Works Agency To Prepare An Analysis And Recommendation Regarding SB 3XX (Codgill And Ackerman) Water Supply Reliability Bond Act Of 2008 And SB 4XX (Codgill) Water Resources; Bond Funds 07-0670 *Withdrawn with No New Date S-10.23-C Subject: Revocable And Conditional Permit - 901 Jefferson Street C From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting 901 Jefferson Housing LLC A Revocable And Conditional Permit To Allow A Vault And Electrical Transformer For A Building At 901 Jefferson Street To Encroach Under The Public Sidewalk Along 9th Street 07-0592 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid S-10.24-C Subject: Family Bridges Operation Contract C From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Two-Year Grant Agreement With Family Bridges, Inc. To Fund Its Programs And Operations At The Hong Lok Senior Center For Fiscal Years 2007-2008 And 2008-2009 In An Amount Not To Exceed $200,000 07-0520 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 11 Printed on 10/25/07",11,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-10.25-C Subject: Unity Council Operation Contract C From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Two-Year Grant Agreement With The Unity Council, Inc. To Fund Its Programs And Operations At The Fruitvale San Antonio Senior Center For Fiscal Years 2007-2008 And 2008-2009 In An Amount Not To Exceed $440,000 07-0521 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa S-10.26-C Subject: 2007-2008 Second Start Adult Literacy Program C From: Oakland Public Library Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate A Grant In The Amount Of From The California State Library California Library Literacy Service To Support The Oakland Public Library Second Start Adult Literacy Program For Fiscal Year 2007-2008 07-0598 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid S-10.27-C Subject: Library Forgiveness Campaign C From: Oakland Public Library Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Adopt A ""Forgiveness Campaign"" That Targets Youth And Families With Long Outstanding Fines And Fees During The Weeks Of November 24 - December 14, 2007 (TITLE CHANGE) 07-0599 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa City of Oakland Page 12 Printed on 10/25/07",12,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-10.28-C Subject: Dog Ordinance Amendment C From: Councilmember Jean Quan Recommendation: Adopt The Following Pieces Of Legislation: 1) Adopt A Resolution Approving The Naming Of A New Trail The ""Montclair Railroad Trail"" In Assessor Parcels 048E-7348-28-02, 048E-7348-67-00, 048E-7349-32-00, 048E-7350-10-00, 048F-7355-19-00 And 048F-7366-21-02 That Are Included In The Resolution ""Exchange With East Bay Regional Parks District"" To Be Presented To City Council On September 18, 2007 07-0619 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 2) Approve The Introduction (First Reading) Of An Ordinance Changing Oakland Municipal Code Title 6, Chapter 6.04 Section 6.04.080 Dogs At Large And In Parks, To Allow Dogs On The Montclair Railroad Trail (TITLE CHANGE) 07-0619-1 A motion was made 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 16, 2007 approved the September 17, 2007 Life Enrichment Committee's recommendations to move forward to the full council Section 6.04.080 as proposed. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 13 Printed on 10/25/07",13,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-10.29-C Subject: Oakland Police Department - Juvenile Desk Report C From: Councilmembers Jane Brunner and Patricia Kernighan Recommendation: Action On A Report And Recommendation On The Oakland Police Department's Juvenile Desk, Including But Not Limited To Updates On (1) Staffing Levels And Cooperation With Social Service Agencies On Referring Juvenile Offenders To Measure Y And Other Intervention Services And On Following Cases Through The Juvenile Justice System; And On (2) Opportunities For Safe Passages To Coordinate Follow-Up Services And Tracking Outcomes For Individual Juveniles With Agencies Including The Alameda County Probation Department, District Attorney's Office, Measure Y Programs, And Oakland Unified School District 07-0504 This Matter was *Received and Filed on the Consent Agenda. Votes: ORACouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid S-10.30-C Subject: Managed Health Network - Professional Services Agreement C From: Oakland Police Department Recommendation: Adopt A Resolution Waiving The Request For Proposal Process For Psychological Counseling Services For Sworn Members Of The Police Department And Their Dependents, And Authorizing The City Administrator To Extend The Professional Services Agreement With Managed Health Network (MHN) To Provide The Psychological Counseling Services For Sworn Members Of The Police Department And Their Dependents, For The Period Of July 1, 2006 Through December 31, 2007, In An Amount Not To Exceed One Hundred Five Thousand Dollars ($105,000.00) For A Total Contract Amount Not To Exceed One Hundred Seventy-One Thousand One Hundred Seventy-Four Dollars ($171,174.00) 07-0524 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 14 Printed on 10/25/07",14,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"07-0596 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 15 Printed on 10/25/07",15,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-10.33-C Subject: Project First-Substance Abuse Prevention C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million Dollars ($1,000,000) From The U.S. Department Of Justice, Office Of Juvenile Justice And Delinquency Prevention, Fiscal Year 2007 Substance Abuse Prevention And Intervention Program, And Authorizing A Waiver Of the Request For Proposal Process For A Contract For Service In An Amount Not To Exceed Eight Hundred And Eighty Thousand Dollars ($880,000) With Safe Passages For Implementation Of Project First-Substance Abuse Prevention, For The Period October 1, 2007 Through September 30, 2011, And Appropriate Said Funds To The Police Department 07-0602 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid S-10.34-C Subject: Edward Byrne Memorial Grant Program C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Eight Hundred And Twenty-One Thousand Two Hundred Dollars ($821,200) From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Edward Byrne Memorial (BYRNE) Discretionary Grants Program To Supplement Frontline And Other Policing Services On Behalf Of The Police Department 07-0605 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid City of Oakland Page 16 Printed on 10/25/07",16,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-10.35-C Subject: Edward Byrne Memorial Justice Assistance Grant Program C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Five Hundred And Thirty-Nine Thousand Nine Hundred And Seventy-Four Dollars ($539,974) From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program To Supplement Frontline Policing Services, And Authorizing A Waiver Of The Request For Proposal Process For A Contract For Service In An Amount Not To Exceed Eighty Thousand Dollars ($80,000) With The Oakland Police Activities League For Implementation Of The Oakland Midnight Basketball Program, And Appropriate Said Funds To The Police Department 07-0606 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 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: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session No Action Taken There were no final actions taken during closed session. 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance A motion was made by Councilmember Reid, seconded by Councilmember Chang, to *Approve as Submitted the report of no non-confidential Closed Session discussion pursuant to Section 15 of the Sunshine Ordinance. 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 City of Oakland Page 17 Printed on 10/25/07",17,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 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. Agency/Councilmember Quan made a motion seconded by Agency/Councilmember Nadel to approve an urgency finding pursuant to Section 2.20.080 E(2) regarding an Item to be presented on the floor regarding Senate Bill 3XX and 4XX, that there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action relates to federal or state legislation. Subect: Senate Bills 1XX And 2XX From: Legislative Analyst Recommendation: Approve Support Of Senate Bills 1XX And 2XX Introduced By Senators Perata, Machado, and Steinberg, Regarding Water Supply Reliability Bond Act Of 2008; Bond Funds 07-0670-1 A motion was made by Councilmember Quan, seconded by Councilmember Nadel, that this matter be Approved with additional conveyance that the City further supports the requirements of the executive order of the Governor that requires 25% of all bond funding relative to the contracts for infrastructure bonds go to small businesses. 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(s) spoke on this item: -Gene Hazzare -Ed Dillard 14. Consideration of items with statutory Public Hearing Requirements: City of Oakland Page 18 Printed on 10/25/07",18,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 14.1 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 A motion was made by Councilmember Reid, seconded by President of the Council De La Fuente, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Noes: 2 - Councilmember Kernighan and Councilmember Nadel ORAICouncilmember Ayes: 5 - Councilmember Chang, Councilmember Brunner, 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 7:37 p.m. The following individual(s) spoke on this item: - Robert Klinger - Elise Evans - Marliyn Clark - Mary Becker - Todd Smith - Nancy Gee - Michael Clancy - Robert Lieberman - Dave Miller 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 The following Agency/Councilmember Kernighan made a substitute motion, seconded by Agency/Councilmember Nadel, to adopt the resolution on Item 14.1 amended, to deny the appeal and uphold the project with the following conditions of approval; 1) requiring a 25% reduction in the size of the project, from 4 units to 3 units; 2) changing the optional use of the garage as the 3/4th bedroom; 3) removing the stairwell from the garage: City of Oakland Page 19 Printed on 10/25/07",19,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 4) allowing the 2 foot variance; and 5) going forward with the requirement of an administrative review for final approval meeting the above conditions, and upon call of the roll, the motion failed by Ayes: Agency/Councilmember: Kernighan, Nadel, Quan - 3; Noes: Brunner, Chang, Reid, De La Fuente-4, Abstain - Brooks-1 As the substitute motion failed, council returned consideration of the original motion. Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember De La Fuente, to adopt the resolution on the ORIGINAL motion on Item 14.1 and upon call of the roll, the motion passed by Ayes: Agency/Councilmember: Brunner, Chang, Reid, Quan, and President of the Council De La Fuente - 5; Noes. Kernighan, Nadel -2; Abstain: Brooks - 1 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 07-0636 A motion was made 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 City of Oakland Page 20 Printed on 10/25/07",20,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 2 - Councilmember Brooks and Councilmember Reid ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan and President of the Council De La Fuente The following individual(s) spoke on this item: - Darisa Watson - Dennette Bjorklurd - Robert Burrows - Dennis Franklin - Pat Peterson - Kay Anderson - Jenna Stauffer - Thomas Colemann - Matthew Thomas - Carol Mirenda - Laurie Fong - Rick Quan - Marilyn Clark - Keith Vaulman City of Oakland Page 21 Printed on 10/25/07",21,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council - Marjorie Taylor - Melissa Fitgerald - Don Gralnek - Sanjiv Handa A motion was moved, seconded and carried to extend the meeting past 10:30pm 17 Subject: Children's Fairyland Board Of Directors From: Office of the City Attorney Recommendation: Action On A Request Of Children's Fairyland, Inc., For Amendment To City Conflict Of Interest Code 07-0649 A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be Approve as Amended with direction to the City Attorney to review whether Fairyland should be placed within the City's Conflict of Interest Code and if Fairyland is required to be included in the Code, then return with that determination and recommendations for an appropriate disclosure category or a recommendation to remove Fairyland from the Conflict of Interest code, in 2 weeks. 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 City of Oakland Page 22 Printed on 10/25/07",22,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council 18 Subject: Board Of Port Commissioners Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Victor Uno As A Member Of The Board Of Port Commissioners 07-0488 A motion was made, seconded by Councilmember Brunner, to Adopted as Bifurcated to reflect the roll call votes for each appointee to the Board of Port Commissioners. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Brunner, to approve the appointment of Margaret Gordon to the Board of Port Commissioners on Item 18, and upon call of the roll, the motion passed by Ayes: Agency/Councilmember: Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente - -7; No: Brooks -1 Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Brunner, to approve the appointment of Victor Uno to the Board of Port Commissioners on item 18, 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 S-19 Subject: Traffic Signal Priority List From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving The Traffic Signal Priority List For The Top Ten (10) Intersections Citywide, Pursuant To City Council Resolution No. 78747 C.M.S. 07-0591 A motion was made by Councilmember Brunner, seconded by Councilmember Chang, that this matter be Adopted as Amended to strike the last two ""Whereas"" and the ""Resolved"" of the resolution, also striking ""Further"" from the final Resolved, approving the top four traffic signals and top two pedestrian signals, with direction tostaff to return with a clear criteria that provides traffic lights at high traffic areas and include the Oakland Police Department's ability to report more recent information than the California Highway Patrol's data to allow council to make informed decisions about traffic light priorities. 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 City of Oakland Page 23 Printed on 10/25/07",23,OaklandCityCouncil/2007-10-02.pdf OaklandCityCouncil,2007-10-02,"Concurrent Meeting of the Oakland Meeting Minutes October 2, 2007 Redevelopment Agency/City Council S-20 Subject: Rent Adjustment Program From: Community and Economic Development Agency Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending Ordinance No. 12744 C.M.S. (Master Fee Schedule) To Increase The $24 Rent Program Service Fee By $6 To $30 07-0590 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 Noes: 1 - President of the Council De La Fuente ORAICouncilmember Ayes: 7 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, Councilmember Brooks and Councilmember Reid Continuation of Open Forum ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the Council) There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting in memory of Willie D. Tatmon III, Jane Jackson, Edwin Thomas, Sr., John Bruno Freeman, Mary Lucille Jasper at 12:05 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 24 Printed on 10/25/07",24,OaklandCityCouncil/2007-10-02.pdf