body,date,text,page,path OaklandCityCouncil,2007-10-16,"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, October 16, 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 6:22 pm. 2 Roll Call / ORA & Council ORAICouncilmember Excused: 1 - Councilmember Brooks ORA)Councilmember Present: 7 - Councilmember Chang, Councilmember Nadel, Councilmember Kernighan, Councilmember Brunner, Councilmember Quan, President of the Council De La Fuente and Councilmember Reid 3 Open Forum / Citizens Comments (Time Available: 15 minutes) The following individual(s) spoke under Open Forum: - Byron Freelon - Rhoda Freelon - Cesar Gabriel San Miguel - Richard Arnold Robinson - Sanjiv Handa 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. 5 Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side) There was no action necessary for this item. 6 Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. There was no action necessary for this item. City of Oakland Page 1 Printed on 2/15/08",1,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on October 2, 2007 A motion was made by Councilmember Chang, seconded by Councilmember Quan, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: United Nations Month From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Declaring October 2007 'United Nations Month' In The City Of Oakland And Authorizing The City Of Oakland To Serve As Honorary Sponsor Of The United Nations Association-USA East Bay's Anniversary Flag Ceremony 07-0639 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 Excused: 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 View Report.pdf 80879 CMS.pdf 8.2 Subject: Impacts Of Global Climate Change - Presentation From: Councilmember Larry Reid Recommendation: Hear A 10 Minute Presentation On The Impacts Of Global Climate Change On San Francisco Bay By The San Francisco Bay Conservation And Development Commission 07-0677 Council heard a presentation regarding the Impacts of Global Climate Change On San Francisco Bay yy the San Francisco Bay Conservation and Development Commission The following individual(s) spoke during this item: - Billy Ray Trice Jr. - Steve Lowe - Sanjiv Handa View Report.pdf City of Oakland Page 2 Printed on 2/15/08",2,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council S-8.3 Subject: Disability Awareness Month From: Councilmember Jean Quan Recommendation: Adopt A Resolution Declaring October 2007 As Disability Awareness Month In The City Of Oakland 07-0701 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 Excused: 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 Agency/Councilmember Reid made a motion seconded by Agency/Councilmember Chang to approve an urgency finding pursuant to Section 2.20.080 regarding Item S-8.3 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 a purely ceremonial or commendatory action. The following individual(s) spoke during this item: - Sanjiv Handa View Report.pdf 80880 CMS.pdf 9. COUNCIL ACKNOWLEDGEMENTS/ANNOUNCEMENTS Agency/Councilmembers, Reid, Quan and Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Dorothy Everett Agency/Councilmembers Reid and Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Chuck Thornton Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Greg Ballard 10. CONSENT CALENDAR (CC) ITEMS: City of Oakland Page 3 Printed on 2/15/08",3,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Votes: ORAICouncilmember Excused: 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 View Report.pdf 80882 CMS.pdf 10.3-CC Subject: Darryl Ko - 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 Darryl Ko V. City Of Oakland, Alameda County Superior Court Case No. RG06-263328 In The Amount Of $9,000 (Public Works Agency) 07-0659 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80883 CMS.pdf City of Oakland Page 4 Printed on 2/15/08",4,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 10.4-CC Subject: Sydney S. L. Buffet - 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 Sydney S.L. Buffet V. City Of Oakland, Et Al., Alameda County Superior Court No. RG06265728, Our File No. 25094, In The Amount Of $20,000.00 (Public Works Agency - Trip And Fall) 07-0671 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80884 CMS.pdf 10.5-CC Subject: Sunthorn Boswell And Alan Yee - 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 Sunthorn Boswell And Alan S. Yee, The Attorney Of Record In The Amount Of Seven Thousand Seven Hundred Fifty Dollars And No Cents ($7,750.00), As A Result Of Bodily Injury Damages Sustained In An Automobile Collision With A City Vehicle On January 30, 2006. (Oakland Police Department) 07-0694 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 Excused: 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 The following individual(s) spoke during this item: - Sanjiv Handa View Report.) pdf 80885 CMS.pdf City of Oakland Page 5 Printed on 2/15/08",5,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 10.6-CC Subject: Rent Adjustment Program From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second 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 Excused: 1 - Councilmember Brooks ORAICouncilmember Noes: 1 - President of the Council De La Fuente ORAICouncilmember Ayes: 6 - Councilmember Kernighan, Councilmember Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan and Councilmember Reid The following individual(s) spoke during this item: - Steve Edrington - Luan Huynh - Sanjiv Handa View Report.pdf 12833 CMS.pdf 10.7-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 Center For Family Counseling For Operating Expenses 07-0674 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80886 CMS.pdf City of Oakland Page 6 Printed on 2/15/08",6,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 10.8-CC Subject: Travel Authorization - Councilmember Brooks From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Attend The Inner City Economic Forum, Philadelphia, PA, October 17-18, 2007 07-0675 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Excused: 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 View Report.pdf 80887 CMS.pdf 10.9-CC Subject: Jena Six From: Councilmember Larry Reid Recommendation: Adopt A Resolution For The City Council Of Oakland, California To Go On Record Opposing The Unfair Treatment By The Criminal Justice System In Jena, Louisiana Against, The ""Jena Six"" Youths 07-0684 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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(s) spoke during this item: - Diana Bohn View Report.pdf 80888 CMS.pdf 10.10 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 For Operating Expenses To Civic Pride, A Youth-Centered Non-Profit Organization That Provides Increased Opportunities For Success, College Preparation, Career Readiness And Development Of Responsible Citizenship Skills 07-0688 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 11/6/2007 View Report.pdf 80908 CMS.pdf City of Oakland Page 7 Printed on 2/15/08",7,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 10.11-CC Subject: Debt Cancellation - Impoverished African Countries From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Urging U.S. Support Of Debt Cancellation For Impoverished Countries In Africa 07-0690 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Excused: 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(s) spoke during this item: - Diana Bohn View Report.pdf 80889 CMS.pdf 10.12-CC Subject: Dog Ordinance Amendment From: Councilmember Jean Quan Recommendation: Approve The Final Passage (Second 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 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORACouncilmember Excused: 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 View Report.pdf 12834 CMS.pdf S-10.13 Subject: Police Department Salary Savings From: Oakland Police Department Recommendation: Adopt A Resolution Amending Resolution No. 80786 C.M.S., Which Establishes Protocol For Expenditures Of Police Department Salary Savings Funds, To Include Authorization To Use Salary Savings To Fund The Oakland Police Department's Internship Program 07-0597 This matter was No Action Taken. The motion failed. Votes: View Report.pdf View Supplemental Report.pdf City of Oakland Page 8 Printed on 2/15/08",8,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council The Committee approved the internship program and directed the City Administrator to find an alternative funding source not using salary saving funds. The Committee also directed staff to provide a written response regarding the use of Redevelopment funds for the Police internship program; 4 Ayes 07-0597-1 This Matter was Approved on the Consent Agenda. Votes: ORA)Councilmember Excused: 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(s) spoke during this item: - Sanjiv Handa S-10.14-C Subject: Sale Of Surplus Property At 73rd And Deerwood Avenues 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 1,400 Square Feet Of City-Owned Surplus Real Property Located At 73rd And Deerwood Avenues To Johnny R. Nicks And Pinkey R. Mitchell-Nicks, The Adjoining Property Owners, For The Total Fair Market Value Of Four Thousand Two Hundred And Fifty Dollars ($4,250.00) Including All Fees And Costs 07-0584 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 12836 CMS.pdf S-10.15-C Subject: Prudential Overall Supply - Living Wage Compliance C From: Councilmember Jane Brunner Recommendation: Action On A Report And Recommendations On Prudential Overall Supply's Compliance With The City Of Oakland's Living Wage Ordinance 07-0623 This Matter was Approved on the Consent Agenda. Votes: ORAICouncilmember Excused: 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(s) spoke during this item: - David A. Unger View Report.pdf City of Oakland Page 9 Printed on 2/15/08",9,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"View Report.pd 80891 CMS.pdf City of Oakland Page 10 Printed on 2/15/08",10,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council S-10.18-C Subject: Oakland Museum Renovation Project C From: Oakland Museum Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Donated Funds In An Amount Not To Exceed Eight Hundred Eighty-Five Thousand Seven Hundred And Ninety-Five Dollars ($885,795.00) From The Oakland Museum Of California Foundation For Reimbursement Of City Staff Costs As Part Of The Oakland Museum Of California Renovation Project 07-0672 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80892 CMS.pdf S-10.19-C Subject: Human Trafficking 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 Two Hundred Twenty-Five Thousand Dollars ($225,000) In Additional Grand Funds For The Human Trafficking Program From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Law Enforcement Response To Human Trafficking Grant Program; Extending The Contract With Cross-Sector Solutions, LLC For Consulting And Technical Services For An Additional Contract Amount Of Sixty-Two Thousand Dollars ($62,000); And Authorizing A Waiver Of The Request For Proposal Process And A Waiver Of The Local And Small Local Business Enterprise Provision 07-0594 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80893 CMS.pdf City of Oakland Page 11 Printed on 2/15/08",11,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council S-10.20-C Subject: Interoperable Communications 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 Nine Hundred Eighty-Eight Thousand Nine Hundred And Sixty-Six Dollars ($988,966) From The U.S. Department Of Justice, Office Of Community Oriented Policing Services (DOJ/COPS) Fiscal Year 2007 Law Enforcement Technology (Interoperable Communications) Grant Program For The Period October 1, 2007 Through September 30, 2008, And Authorizing The Police Department's Allocation Of Three Hundred Thirty-Twc Thousand Nine Hundred And Eighty-Eight Dollars ($332,988) From The Unclaimed Cash Fund To Meet The Mandatory Matching Fund Provisions For The Program, And Authorizing The Execution Of A Memorandum Of Understanding With The City And County Of San Francisco, Office Of Emergency Services, And Other Participating Agencies, For Implementation Of The Initiative, And Appropriate Said Funds To The Police Department 07-0604 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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(s) spoke during this item: - Sanjiv Handa View Report.pdf 80894 CMS.pdf S-10.21-C Subject: Project Safe Neighborhoods 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 Hundred Thousand Dollars ($100,000) From The State Of California, Office Of Emergency Services, Serving As the Fiscal Agent For Project Safe Neighborhoods Grant Program As Administered Through The Office Of The U.S. Attorney For The Northern District Of California And The U.S. Department of Justice, Bureau Of Justice Assistance, In Support Of The Oakland Police Department's Criminalistics Division 07-0620 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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(s) spoke during this item: - Jacquee Castain View Report.pdf 80895 CMS.pdf City of Oakland Page 12 Printed on 2/15/08",12,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"S-10.22-C Subject: Marine Unit Equipment - Oakland Police Department 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 Sixty-Five Thousand Two Hundred Dollars ($65,000) From The State Of California, Department Of Boating And Waterways, For Use By The Oakland Police Department Marine Unit For Equipment Purchases To Outfit And Maintain Marine Vessels Used For Public Safety And Other Homeland Security Projects On Oakland Waterways And The Port of Oakland 07-0621 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80896 CMS.pdf S-10.23-C Subject: Emergency Vehicle Operations Course C From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Execute An Agreement With The California Commission On Peace Officer Standards And Training (POST) For The Purpose Of Permitting The Police Department To Present The POST Certified Emergency Vehicle Operations Course (EVOC) To One Hundred Fifty (150) Police Officer Trainees, And To Receive Up To Sixty-Six Thousand Seven Hundred Fifty Dollars ($66,750) In Reimbursement Funds 07-0653 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 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 View Report.pdf 80897 CMS.pdf Passed The Consent Agenda A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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 City of Oakland Page 13 Printed on 2/15/08",13,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session No Action Taken The following individual(s) spoke during this item: - Sanjiv Handa 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance A motion was made by Councilmember Chang, seconded by Councilmember Kernighan, to * Approve as Submitted the report from the Office of the City Attorney of no non-confidential closed session discussion pursuant to section 15 of the Sunshine Ordinance. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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 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 14 Printed on 2/15/08",14,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 14.1 Subject: 5248 Telegraph Avenue - Appeal From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeals And Upholding The Planning Commission's Approval For Construction Of 33 Dwelling Units Over Ground Floor Commercial At 5248 Telegraph Avenue, Oakland (Case File Number CDV06-476 & TPM-9212) 07-0660 A motion was made by Councilmember Brunner, seconded by Councilmember Reid, that this matter be Adopted changing the conditions of approval, adding new provisions and including new findings as outlined in ""Attachment A"", presented on the floor by Councilmember Brunner The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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 Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:52 p.m. The following individual(s) spoke during this item: - Joan Lichterman - James D. Lutz - Jan Probst - Tabinda Khan - Bessie Citrin - Brad Kenneth Gtunkel - Donald Dorfman - Steven McClary - Nikki Sachs - Sara Miller - Roy Alper - Ron Kaiss - Randy Reed - Beverly A. Potter - Carlo Busby - Darlene Drapkin - Steven Tiffin - Thomas Dolan - Hiroko Kurihara - Joyce Roy - Christopher Waters - Karen Hester - Stuart Milton Flashman - Ellen J. Petason City of Oakland Page 15 Printed on 2/15/08",15,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"07-0658 Council heard the presentation regarding the Status of the Implementation of Instant Run Off Voting for Alameda County The following individual(s) spoke during this item: - Judy Cox - Anne Spanier - Judy Belcher - Dave Kadlecek - Sanjiv Handa View Report.pdf City of Oakland Page 16 Printed on 2/15/08",16,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 17 -Subject: Residential Permit Parking Program Jack London Square From: Councilmember Nancy Nadel Recommendation: Approve The Introduction (First Reading) Of An Ordinance Of The City Of Oakland Adding Chapter 10.45 Of The Oakland Municipal Code Entitled ""Interim Mixed Use Parking Permit Program For The Jack London District"" For A Period Not To Exceed Three Years From The Date Of Adoption 07 0640 View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 12847 CMS.pdf 18 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 A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended to the ""Further Resolved"" to read that the construction type for alignment through West Oakland or downtown should be bored tunnel rather than dug through the surface."" with further direction to address the simultaneuous undergrounding of the BART tunnel in the EIR. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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(s) spoke during this item: - Steve Lowe - Ray Kidd - Jonathan Bair - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 80900 CMS.pdf TWO PIECES OF LEGISLATION ARE BEING PRESENTED IN ITEM 19, THE CITY COUNCIL WILL ONLY ADOPT ONE OF THOSE PIECES PRESENTED. City of Oakland Page 17 Printed on 2/15/08",17,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 19 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 (1) Prohibit Smoking At Bus Stops And Other Areas Where The Public Waits For Service, (2) At Outdoor Dining Areas, Public Trails, Parks And City-Owned Golf Courses, (3) Family Childcare Centers, (4) Common Outdoor Areas In Multi-Unit Housing; (5) Restrict Smoking Outside Bars To Ten (10) Feet From Entrances; (6) Require New Rental And Sale Agreements For Multi-Unit Housing To Disclose Nonsmoking Prohibitions (TITLE CHANGE-ATTACHMENT A) 07-0237 Not Approved View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf City of Oakland Page 18 Printed on 2/15/08",18,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 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 (1) Prohibit Smoking At Bus Stops And Other Areas Where The Public Waits For Service, (2) At Outdoor Dining Areas, Public Trails, Parks And City-Owned Golf Courses, (3) Family Childcare Centers, (4) Common Outdoor Areas In Multi-Unit Housing; (5) Establish Policy For Smoking Outside Bars; (6) Require New Rental And Sale Agreements For Multi-Unit Housing To Disclose Nonsmoking Prohibitions (ATTACHMENT B) 07-0237-1 Approved as Amended on Introduction for Final Passage to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 11/6/2007 The following individual(s) spoke during this item: - Serena Chen - Carol McGruder - Patricia Rambo - Steve Lowe - Keisha Nzewi - Janice Woodward - Steve Edrington - Echa Schneider - Peter Van Kleet - Jonathan Bair - Sanjiv Handa Vice-Mayor Change made a motion to introduce the Ordinance of Attachment B on Item 19, with the proposed amendments: 1) Section 8.30.030 - ""Recreational Area"" (page 5) Add ""Recreational Area does not include outdoor areas of City-owned golf courses; and 2) Section 8.30.060.B (page 8) to read ""Smoking outside of any enclosed place where smoking is prohibited shall occur at a minimum distance of 25 feet from any building entrance, exit, window and air intake vent of the building, provided the smoke does not enter adjacent areas in which smoking is prohibited by any law or by the owner, lessee or licensee of the adjacent property. Bars are exempted from this section."" Councilmember Kernighan seconded the Motion with the following friendly amendment accepted by Vice Mayor Chang: 1) ""Section 8.30.060. Smoking Policy Requirement. b. Smoking outside of any enclosed place where smoking is prohibited shall City of Oakland Page 19 Printed on 2/15/08",19,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council occur at a minimum distance of 25 feet from any building entrance, exit, window an air intake vent of the building, except that bars are exempted from the outside smoking requirements of this section, provided the smoke does not enter adjacent areas in which smoking is prohibited by any law or by the owner, lessee or licensee of the adjacent property.' At the request of Councilmember Quan, with agreement by Vice Mayor Chang, the Council bifurcated the motion for a separate vote on each of the proposed amendments. And upon call of the roll to approve the Ordinance with the proposed friendly amendment to Section 8.30.060 (b), the motion passed by Ayes: Agency/Councilmember: Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente - -7; Excused - Brooks - 1 And upon call of the roll to approve the Ordinance with the proposed amendment to Section 8.30.030 - Recreational Area, the motion failed by Ayes: Chang, Kernighan, Reid and President De La Fuente - 4; Noes: Brunner, Nadel, Quan - 3; Excused: Brooks - 1 And upon call of the roll to approve the Ordinance with the proposal to prohibit smoking at golf courses, the motion failed by Ayes: Brunner, Nadel, and Quan - 3; Noes: Chang; Kernighan; Reid, President De La Fuente - 4; Excused - Brooks - 1 THE ORDINANCE WAS INTRODUCED WITH THE FRIENDLY AMENDMENT TO SECTION 8.30.060 SMOKING POLICY REQUIREMENTS, (B). A MOTION WAS MOVED, SECONDED AND CARRIED TO EXTEND THE MEETING PAST 10:30 PM. View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf City of Oakland Page 20 Printed on 2/15/08",20,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council S-20 Subject: Anka Behavioral Health - Winter Shelter Agreement From: Department of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To (1) Waive The Competitive Process And Enter Into A Six Month Agreement In The Amount Of $306,000 With Anka Behavioral Health, Inc. To Operate The Oakland Army Base Temporary Winter Shelter (OABTWS), And (2) Enter Into A Six Month Lease For $1.00 A Year With The Oakland Redevelopment Agency For Use Of Building 821 At The Army Base, And (3) Accept And Appropriate $125,000 From Alameda County, And $66,000 From The City Of Berkeley To Establish And Operate The Temporary Winter Shelter At The Oakland Army Base, (4) Allocate $15,000 In CDBG Funds For Tenant Improvements To The Winter Shelter; And (5) Enter Into An Agreement With Anka Behavioral Health, Inc. For $22,094 For Purchase And Installation Of Security Cameras At The Henry Robinson Multi-Service Center 07-0654 A motion was made by Councilmember Nadel, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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(s) spoke during this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 80901 CMS.pdf City of Oakland Page 21 Printed on 2/15/08",21,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council S-21 Subject: Dog Ordinance Amendment From: Councilmember Jean Quan Recommendation: Approve The Introduction (First Reading) Of An Ordinance Changing Oakland Municipal Code Title 6, Chapter 6.04 Section 6.04.070 Dogs At Large Regarding Requirements To Dog Guardians Concerning Picking Up After Their Dogs, Tethering Of Dogs, Dogs In Vehicles And Specific Fines For Violations Of The Ordinance; And Oakland Municipal Code Section 1.28.020.B Allowing For An Exception For The Amount Of Fines For Violations Of Section 6.040.070 07-0619-2 A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, that this matter be Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on November 6, 2007. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 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 The following individual(s) spoke during this item: - Emily Rosenberg - Abraham Lincoln - Sanjiv Handa Councilmember Reid was noted as absent at 10:52pm View Report.pdf 12835 CMS.pdf Continuation of Open Forum ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the Council) There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting in memory of Chuck Thornton, Greg Ballad, and Dorothy Everett at 11:04pm City of Oakland Page 22 Printed on 2/15/08",22,OaklandCityCouncil/2007-10-16.pdf OaklandCityCouncil,2007-10-16,"Concurrent Meeting of the Oakland Meeting Minutes October 16, 2007 Redevelopment Agency/City Council 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 23 Printed on 2/15/08",23,OaklandCityCouncil/2007-10-16.pdf