body,date,text,page,path OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"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, December 04, 2007 6:00 PM Oakland City Hall, 3rd Floor 1 Pledge of Allegiance Play Video 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 6:26 PM. 2 Roll Call / ORA & Council Play Video ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Present: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 3 Open Forum / Citizens Comments (Time Available: 15 minutes) Play Video The following individuals spoke under Open Forum: - Geraldine Jackson - Bill Chorneau - Shirley Burnell - Timothy Griffith - Rnee Dyer - Vien Truong 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 City of Oakland Page 1 Printed on 1/4/08",1,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 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) A motion was made by Councilmember Reid, seconded by Council President De La Fuente to reconsider A Resolution Conditionally Accepting Irrevocable Dedications Of Public Right-Of-Way From Pulte Home Corporation And Mother Fish LLC For A New Public Street In The Arcadia Park Subdivision To Connect With 92nd Avenue, heard during the November 6, 2007 City Council meeting and hearing no objections the motion passed with the following vote: 7 Ayes, 1 - Excused Brunner Subject: Arcadia Park Subdivision - New Public Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Conditionally Accepting Irrevocable Dedications Of Public Right-Of-Way From Pulte Home Corporation And Mother Fish LLC For A New Public Street In The Arcadia Park Subdivision To Connect With 92nd Avenue 07-0610 A motion was made by Councilmember Reid, seconded by President of the Council De La Fuente, that this matter be *Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the December 18, 2007 meeting. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente As A Non-Consent Item View Report.pdf 80922 CMS.pdf View Report.com 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 2 Printed on 1/4/08",2,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on November 6, 2007 A motion was made by Councilmember Brooks, seconded by Vice Mayor Chang, to *Approve the Minutes. The motion carried by the following vote: Votes: ORACouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Shanna O'Hare - Recognition From: Councilmember Larry Reid And Vice Mayor Henry Chang Recommendation: Adopt A Resolution Honoring Shanna O'Hare On Her Retirement After 17 Years Of Dedicated Service To The City Of Oakland 07-0783 Play Video A motion was made by Councilmember Reid, seconded by Vice Mayor Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80933 CMS.pdf 8.2 Subject: Eddie Abrams - Recognition From: Council Member Larry Reid and Desley Brooks Recommendation: Adopt A Resolution Honoring And Recognizing Eddie Abrams For His Years Of Dedication And Commitment To The Residents Of Oakland 07-0804 A motion was made by Councilmember Reid, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - David Clover - James Moore View Report.pdf 80934 CMS.pdf City of Oakland Page 3 Printed on 1/4/08",3,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 8.3 Subject: Joyce Luckett - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Honoring Joyce Luckett On Her Retirement For 16 Years Of Dedicated Service To The City of Oakland 07-0809 A motion was made by Councilmember Reid, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80935 CMS.pdf 8.4 Subject: Shonda Scott - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Commending Shonda Yvette Scott On Her Work As Chairperson Of The Alameda County Human Relations Commission From The City Of Oakland 07-0722 A motion was made by Councilmember Reid, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80936 CMS.pdf 9. COUNCIL ACKNOWLEDGEMENTS/ANNOUNCEMENTS Agency/Councilmember Chang took a point of personal privilege and requested that the meeting be adjourned in memory of June Jue Fong Agency/Councilmember Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of James Edmond and Sally Marguerite Belle Davis Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Gaynelle Kitely, Scott Slaughter, Tony Johnson and Alganon Jackson 10. CONSENT CALENDAR (CC) ITEMS: Play Video City of Oakland Page 4 Printed on 1/4/08",4,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 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 07-0833 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80937 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 07-0834 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80938 CMS.pdf City of Oakland Page 5 Printed on 1/4/08",5,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.3-CC 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, (3) Public Trails And Parks, (4) Family Childcare Centers, (5) Common Outdoor Areas In Multi-Unit Housing; (6) Establish Policy For Smoking Outside Bars; (7) Require New Rental And Sale Agreements For Multi-Unit Housing To Disclose Nonsmoking Prohibitions 07-0237-2 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa - Bryan Thompson View Report.pdf View Supplemental.pdf 12837 CMS.pdf 10.4-CC Subject: Southern Pacific Company - Revoking Permission From: Council President Ignacio De La Fuente Recommendation: Adopt A Resolution Rescinding Resolution No. 23515 C.M.S. Approved August 30, 1949, Which Granted A Revocable Permit To Southern Pacific Company To Maintain And Operate An Existing Spur Track Upon And Across 23rd Avenue, 29th Avenue, Derby Street, Lancaster Street And Ford Street And Upon And Along Glascock Street Between 29th Avenue And Lancaster Street In The City Of Oakland (""Fruitvale Track"") And Directing The City Administrator To File An Action For ""Adverse Abandonment"" Of The Fruitvale Track With The Department Of Transportation Surface Transportation Board 07-0730 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - John Wilson View Report.pdf View Supplemental Report.pdf 80939 CMS.pdf City of Oakland Page 6 Printed on 1/4/08",6,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80940 CMS.pdf 10.6-CC Subject: City Attorney Annual Report From: Office of the City Attorney Recommendation: Receive The Office Of The City Attorney Annual Report, Fiscal Year 2006-2007 07-0699 This Matter was *Received and Filed on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 10.7-CC Subject: Priority Project Funds - District Two From: Councilmember Patricia Kernighan Recommendation: Adopt A Resolution Authorizing A Grant Of $500 From Councilmember Kernighan's Priority Project Funds For The Programs And Operation Of The Vietnamese-American Community Center Of The East Bay 07-0771 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80941 1 CMS.pdf City of Oakland Page 7 Printed on 1/4/08",7,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.8-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 For Operating Expenses To Cypress Mandela Training Center, Inc. For The Pre-Apprenticeship Program That Teaches Skills In The Construction Trades, Basic Computer Skills, Construction Math And Life Skills 07-0810 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80942 CMS.pdf 10.9-CC Subject: Youth Ventures Joint Powers Authority - Appointment From: Office of the City Attorney Recommendation: Adopt A Resolution Appointing Councilmember Jane Brunner, Councilmember Jean Quan, Wayne Tucker, Andrea Youngdahl, And Cheryl A. P. Thompson, To The Board Of Trustees Of The Youth Ventures Joint Powers Authority For Four Year Terms Beginning July 1, 2007 And Ending June 30, 2011 07-0811 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf 80943 CMS.pdf 10.10-CC Subject: Sue Rosanne Taylor - 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 Sue Rosanne Taylor V. City of Oakland, Et Al., United States District Court No. C 06-05169 WHA, Our File No. X02912 In The Amount Of $40,000.00 (Oakland Police Department - Civil Rights) 07-0830 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80944 CMS.pdf City of Oakland Page 8 Printed on 1/4/08",8,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.11-CC Subject: Jack Zolowicz - 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 Jack Zolowicz; Et Al. V. City Of Oakland; Et Al., United States District Court Case No. C06-05915 MJJ, In The Amount Of $350,000.00. (Police Department - Civil Rights Violation, Excess Force) 07-0822 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80945 CMS.pdt 10.12-CC Subject: Bryan Keith Thomas - 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 CSAA Insurance A/S/O Bryan Keith Thomas In The Amount Of Twenty Thousand Four Hundred Eighty Two Dollars And 65 Cents ($20,482.65), As A Result Of Property Damage Sustained in An Automobile Collision With A City Vehicle On April 26, 2007. (Oakland Police Department) 07-0832 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80946 CMS.pdf 10.13-CC Subject: Gallagher And Burk - Street Resurfacing And Slurry Sealing From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing Award Of A Construction Contract To Gallagher And Burk, Inc. For Fiscal Year 2006-2007 Citywide Street Resurfacing And Slurry Sealing Project (C234910) For The Amount Of Four Million Three Hundred Sixty-Six Thousand Four Hundred Seventy Dollars ($4,366,470.00) 07-0703 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pd View Supplemental Report.pdf 80947 CMS.pdf City of Oakland Page 9 Printed on 1/4/08",9,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.14-CC Subject: Revocable And Conditional Permit - 2719 Foothill Boulevard From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting 2719 Foothill LP A Revocable And Conditional Permit To Allow A Vault And An Electrical Transformer For A New Building At 2719 Foothill Boulevard To Encroach Under The Public Sidewalk 07-0751 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80948 CMS.pdf 10.15-CC Subject: Municipal Code Amendment - Utility Users Tax From: Office of the City Attorney Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending Chapter 4.28 Of The Oakland Municipal Code, Entitled Utility Users Tax, To Clarify The Provisions Of The Telephone Utility Users Tax And Remove Obsolete Provisions 07-0755 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental Report.pdf 12844 CMS.pdf 10.16-CC Subject: Fleet Utilization Report From: Public Works Agency Recommendation: Action On A Report On Fleet Usage, City CarShare Pilot Program, Commute Options, Vehicle Locators Using Global Satellite Technology, And Fleet Replacement Needs 07-0296 This Matter was *Received and Filed on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental Report.pdf City of Oakland Page 10 Printed on 1/4/08",10,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.17-CC Subject: Coliseum Commercial Façade Program From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Allocating An Additional $100,000 From Coliseum Redevelopment Funds For A Total Allocation Of $225,000 For Fiscal Year 2007-2008 To The Coliseum Commercial Façade Program; And 07-0681 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 2007-0079 CMS.pdf 2) An Agency Resolution Allocating An Additional $100,000 From Coliseum Redevelopment Funds For A Total Allocation Of $350,000 For Fiscal Year 2007-2008 To The Coliseum Commercial Tenant Improvement Program 07-0681-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 2007-0080 CMS.pdf 10.18-CC Subject: Formation Procedures - Central City East Project Area Committee From: Community and Economic Development Agency Recommendation: Adopt A Resolution Amending The Formation Procedures For The Project Area Committee (""PAC"") For The Central City East Redevelopment Project Area To Authorize City Council Members From Districts 2, 4, 5, 6, And 7 To Change The Community Organizations From Their Respective Districts On The PAC That Have Missed More Than Four Meetings In A Twelve Month Period, Without Returning To The City Council 07-0702 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80949 CMS.pdf City of Oakland Page 11 Printed on 1/4/08",11,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.19-CC Subject: Grant Agreement Vietnamese American Community Center From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Two-Year Grant Agreement With The Vietnamese American Community Center Of The East Bay, Inc. To Fund Their Programs And Operations For Fiscal Years 2007-2008 And 2008-2009 In A Total Amount Not To Exceed $60,000 07-0721 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80950 CMS.pdf 10.20-CC Subject: Grant Agreement Vietnamese Community Development, Inc. From: Department of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Two-Year Grant Agreement With Vietnamese Community Development, Inc. To Fund Their Programs And Operations For Fiscal Years 2007-2008 And 2008-2009 In A Total Amount Not To Exceed $60,000 07-0723 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80951 CMS.pdf City of Oakland Page 12 Printed on 1/4/08",12,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.21-CC Subject: Family Request - Tomas Melero Smith From: Councilmember Larry Reid Recommendation: Action On A Request From The Family Of Tomas Melero Smith, Who Was Fatally Shot On September 1, 2007, For A Response By The City Council On The Petition Sent On September 10th On Behalf Of The Family 07-0666 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Rosa Vargas - Jorge Abrego - Joel Garcia - Rose Arviso - Noel Gallo - Alefredo Melero - Alicia Melero - Alejandra Perez - Marcelina Sanchez - Ygnacio Becerra - Ruben Gonzalez - Christina Ramurgz - Crystal Salas-Patten - Louisa Larkin - Tulio Serrano - Esperanza Michel - Rosario Baeza - Natalie Sarellano - Maria Ramos - Jorianna Vizcarra - Ranulfo Alvatrez - Albert Lozano - Kimberly Rojas - Danny Wan - Jquhal Jackson View Report.pdf City of Oakland Page 13 Printed on 1/4/08",13,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.22-CC Subject: Tobacco Control Enforcement Project From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Funds In An Amount Of One Hundred Thousand Dollars ($100,000.00) From The Alameda County Public Health Department, Tobacco Control Program, For Implementation Of The 2007-2011 Tobacco Control Enforcement Grant Project In The Police Department, And Authorizing The City Administrator To Enter Into A Grant Contract With The Alameda County Public Health Department Under Which The City Will Provide The Services Necessary To Implement This Initiative In An Amount Of One Hundred Thousand Dollars ($100,000.00) 07-0678 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80952 CMS.pdf 10.23-CC Subject: USDEA Greater East Bay Area Task Force From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, On Behalf Of The City Of Oakland To Accept And Appropriate Reimbursement Funds In An Amount Not To Exceed Fifteen Thousand Eight Hundred Fifty Four Dollars And Twenty-Five Cents ($15,854.25) In Federal Funds From The Department Of Justice, United States Drug Enforcement Administration (USDEA) To The Oakland Police Department (OPD) In Overtime Costs For One Police Officer For The Period Of October 1, 2007 Through September 30, 2008, And Thirteen Thousand Dollars ($13,000) In Rental Car Reimbursement Costs For The Period Of October 1, 2007 Through September 30, 2008, And One Thousand Two Hundred Dollars ($1,200) In Cellular Phone Reimbursement For The Period Of September 30, 2007 Through September 30, 2008, For Work Associated With The USDEA Greater East Bay Area Task Force (DEA Task Force) 07-0706 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80953 CMS.pdf City of Oakland Page 14 Printed on 1/4/08",14,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.24-CC Subject: Access To Reproductive Health Care Facilities From: Councilmembers Nancy Nadel, Jane Brunner and Jean Quan Recommendation: Adopt The Following Pieces Of Legislation: 1) Approve The Final Passage (Second Reading) Of An Ordinance Amending Title 8 Of The City Of Oakland Municipal Code By Adding A New Chapter, 8.50, Entitled ""Access To Reproductive Health Care Facilities,"" And New Sections 8.50.010 Through , To Protect Access To Reproductive Health Care Facilities And Creating A Private Right Of Action For Violations Of This Chapter; And 07-0638 This Matter was Approved as Amended on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on December 18, 2007 with changes to the ordinance as follows: 1) in the third ""Whereas"" replacing ""treatment"" with ""services""; 2) adding after the fifth (5) ""Whereas"" language to read "" Whereas, the facilities with the fewest resources for providing adequate security and safety to individuals seeking access to reproductive health services are those not affiliated with hospitals; and"" 3) adding this language to the seventh ""Whereas"", ""and in particular, is not intended to preclude any lawful picketing, leafleting, and/or free speech"", 4) adding to Section 1, paragraph 2 to read ""constitutionally protected reproductive"" and after ""health"" replacing ""care"" with ""services""; 5) adding the following language to the end of Section 2 (a) ""but not if provided at a clinic or other facility owned and/or operated by a licensed hospital"" 6) adding language to allow the last of Section 2(b) to read as follows"" provides primarily reproductive health services that is not licensed as a hospital, and is not owned, and/or operated by a licensed hospital.""7 after section 2 (b) language that reads: 'Primarily' means 51% or more of the services provided"", 8) revising Section 2(e) to read as follows: ""from a reproductive health care facility""; and 9) striking the following sentence from paragraph 2 of Section 5: ""This ordinance does not prohibit conduct by a party to a labor dispute in furtherance of labor or management objectives in that dispute."" as approved on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Destiny Lopez - Terry Sandoval - Barbara Hoke - Meredith Brown - Linci Corny - Rena Rickles City of Oakland Page 15 Printed on 1/4/08",15,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council - Mary Dunn - Greg Gollnick - Terry Thompson - Dee Thompson - Lilian Jiminez - Molly Gollnick - Cyrus Johnson - Nora Dougherty - Fay Wong - Edward Cooper - Walter Hoye - Patricia Javitsky - Sharon Cornu View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 10.25-CC Subject: Residential Permit Parking Program - Jack London Square From: Councilmember Nancy Nadel Recommendation: Approve The Final Passage (Second 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 This Matter was Approved as Amended on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on December 18, 2007 with the following changes to the ordinance: 1) implement a temporary, three (3) year preferential parking permit program, 2) adding, ""and the Council finds that the Interim Mixed Use Parking Permit Program for the Jack London District will not adversely affect parking conditions for residents and merchants in the area; and now therefor"", 3) setting the effective date of the ordinance to be 120 days after adoption as adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 12847 CMS.pdf City of Oakland Page 16 Printed on 1/4/08",16,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.26-CC Subject: Business Tax Ordinance Amendment From: Finance and Management Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Chapter 5.04 Of The Oakland Municipal Code In Order To Correct And Clarify Various Provisions Of The Business Tax Ordinance, To Establish A Late Filing Fee, To Remove Provisions From The Business Tax Ordinance That Are Obsolete Or Repealed By Operation Of Law Or Court Action, To Exempt Owners Of Low Income Housing Tax-Credit Financed Affordable Housing Developments From The Business Tax, To Grant The Director Of Finance Exclusive Discretionary Authority To Waive Penalties, And To Codify Certain Previously Adopted Business Tax Regulations And Policies Relating To Business Reporting And Other Business Tax Procedural Matters 07-0664 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental Report.pdf View Supplemetnal Report.pdf 12838 CMS.pdf 10.27-CC Subject: Interim Land Use Controls From: Council President Ignacio De La Fuente Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Extending The Interim Controls For The Implementation Of The Oakland General Plan (Oakland Planning Code Chapter 17.01 And The General Plan Conformity Guidelines) To January 1, 2010 07-0713 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 12839 CMS.pdf City of Oakland Page 17 Printed on 1/4/08",17,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.28-CC Subject: Chapter 1.20 Administrative Appeals - Amendment From: Finance and Management Agency Recommendation: Approve The Final Passage(Second Reading) Of An Ordinance Amending Chapter 1.20 Of The Oakland Municipal Code To Establish And Codify Requirements For Claims For Money Or Damages Against The City Of Oakland That Are Not Otherwise Governed By The Claims Presentation Provisions Of The Government Claims Act, California Government Code Sections 900 Et Seq., Or Other State Law 07-0665 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental Report.pdf 12840 CMS.pdf 10.29-CC Subject: Emergency Management - Municipal Code Addition From: Oakland Fire Department Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Adding Title 8, Chapter 8.50 To The Oakland Municipal Code To Establish The Emergency Management And Disaster Preparedness Council, Establish A Misdemeanor Penalty For Interference With Emergency Operations And Other Violations Of This Ordinance And Repeal Ordinances No. 11467 C.M.S. And No. 11865 C.M.S., Which Established The Original Emergency Management Board 07-0687 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf 12841 CMS.pdf City of Oakland Page 18 Printed on 1/4/08",18,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 10.30-CC Subject: Children's Fairyland Disclosure Category From: Office Of The City Attorney Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending The City Of Oakland's Conflict Of Interest Code (Ordinance Number 11562 C.M.S. Adopted March 23, 1993, As Amended, Oakland Municipal Code Chapter 3.16) To Create A New Disclosure Category For The Children's Fairyland, Inc., Board Of Trustees 07-0767-1 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdt View Supplemental.pdt 12845 CMS.pdf S-10.31-C Subject: California Model Housing Code Amendment C From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Of Findings Made And Supporting Local Amendments To The 2007 Edition Of The California Housing Law, California Code Of Regulations (CCR), Title 25, Division 1, , Chapter 1, Subchapter 1, Section 32 07-0273 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80954 CMS.pdf 2) Approve The Introduction (First Reading) Of An Ordinance Adopting Local Amendments To The California Housing Law, California Code Of Regulations (CCR), Title 25, Division 1, , Chapter 1, Subchapter 1, Division 32, And Amending The Oakland Municipal Code Chapter 15.08 07-0273-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 12842 CMS.pdf City of Oakland Page 19 Printed on 1/4/08",19,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council S-10.32-C Subject: California Model Building Code Amendment C From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Of Findings Made And Supporting Local Amendments To The 2007 Editions Of The California Model Building Codes, California Code Of Regulations (CCR), Title 24, Part 2 (Building), 3 (Electrical), 4 (Mechanical), And 5 (Plumbing) 07-0274 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental.pdf 80955 CMS.pdf 2) Approve The Introduction (First Reading) Of An Ordinance Adopting Local Amendments To The 2007 Editions Of The California Model Building Codes, California Code Of Regulations (CCR), Title 24, Part 2 (Buildings), 3 (Electrical), 4 (Mechanical), And 5 (Plumbing), And Amending Oakland Municipal Code Chapter 15.04 To Establish The 2007 Oakland Building Construction Code 07-0274-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental Report.pdi 12843 CMS.pdf S-10.33-C Subject: Community Development Block Grant Reprogramming C From: Department of Human Services Recommendation: Adopt A Resolution Authorizing The Allocation Of Community Development Block Grant (CDBG) Funds In The Amount Of $25,000 From Reprogrammed Funds And Authorizing The City Administrator To Enter Into A Grant Agreement With The Elmhurst Food Pantry In The Amount Of $25,000 For Operating Expenses For The Period From December 1, 2007 Through June 30, 2008 07-0757 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80956 CMS.pdf City of Oakland Page 20 Printed on 1/4/08",20,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council S-10.34-C Subject: 2007 Sobriety Checkpoint 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 The Amount Of Fifty-Four Thousand Six Hundred Ninety-Seven Dollars And Ninety-Twc Cents ($54,697.92) From The Regents Of The University Of California, Berkeley, School Of Public Health, Traffic Safety Center, Serving As The Fiscal Agent For The State Of California, Office Of Traffic Safety, For Costs And Expenses Of The 2007 Sobriety Checkpoint Program To Be Conducted By The Police Department Throughout The Term October 1, 2007 Through September 30, 2008 07-0736 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80957 CMS.pdf S-10.35-C Subject: Vehicle Seizure - Public Nuisance Ordinance Amendment C From: Oakland Police Department Recommendation: Adopt The Following Pieces Of Legislation: 1) Approve The Introduction (First Reading) Of An Ordinance Repealing Ordinances No. 11987, 12015, 12093, and 12684 C.M.S. Which Declared Vehicles Used To Solicit An Act Of Prostitution, For Pandering, For Pimping, Or To Illegally Acquire A Controlled Substance To Be Public Nuisances And Authorizing The Seizure And Forfeiture Of Said Vehicles; And 07-0782 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 12846 CMS.pdf City of Oakland Page 21 Printed on 1/4/08",21,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 2) A Resolution Authorizing The City Administrator, Or Her Designee, To Instruct The City's Legislative Lobbyist To Support Passage Of California Assembly Bill No. 1724 (Jones), Which Seeks To Change State Law To Authorize Local Governments To Enact And Enforce Ordinances To Forfeit Nuisance Vehicles Used In Illegal Purchase Of A Controlled Substance, Pimping, Pandering, Or Solicitation Of Prostitution 07-0782-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 80958 CMS.pdf Passed The Consent Agenda A motion was made by Councilmember Nadel, seconded by Councilmember Quan, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session A motion was made by Councilmember Reid, seconded by Vice Mayor Chang, to *Approve as Submitted the report from the Office of the City Attorney of the 1 final decision made during Closed Session. PLEASE REFER TO ATTACHMENT ""A"" FOR THE CLOSED SESSION REPORT OUT FORM. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente City of Oakland Page 22 Printed on 1/4/08",22,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance A motion was made by Councilmember Reid, seconded by Vice Mayor Chang, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The motion that there was no non-confidential Closed Session Discussion during Closed Session. 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 1/4/08",23,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Community and Economic Development Agency Recommendation: Adopt A Resolution Certifying The Environmental Impact Report And Adopting The Comprehensive Revision To The Bicycle Master Plan As Part Of The Land Use And Transportation Element Of The City's General Plan 07-0612 Play Video A motion was made by Councilmember Brooks, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14. 1 by the City Clerk, the Public Hearing was opened at 9:31p.m. The following individuals spoke on this item: - Midori Tabata - Grey Kolevzon - Jeanette L. Weisman - Sanjiv Handa - Robert Raburn - Ron Bishop - Kim W. Pratt - Jennifer Jackson Agency/Councilmember Brooks made a motion, seconded by Agency/Councilmember Nadel, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -7, Excused: Brunner View Report.pdf 80959 CMS.pdf City of Oakland Page 24 Printed on 1/4/08",24,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 14.2 Subject: Implementation And Redevelopment Plans - Various Projects From: Community and Economic Development Agency Recommendation: Action On The Mid-Term Review Of The Five Year Implementation Plans And Redevelopment Plans For The Acorn, Broadway/MacArthur/Sar Pablo, Central District, Coliseum, Oak Center, Oakland Army Base And Stanford/Adeline Redevelopment Projects 07-0663 Play Video A motion was made by Councilmember Reid, seconded by Councilmember Quan, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14. 2 by the City Clerk, the Public Hearing was opened at 9:57p.m. The following individuals spoke on this item: - Sanjiv Handa Agency/Councilmember Reid 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, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente - -7, Excused: Brunner View Report.pdf City of Oakland Page 25 Printed on 1/4/08",25,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 14.3 Subject: Public Facilities And Parks - Various Redevelopment Project Areas From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing A Contribution Of Redevelopment Agency Funds To The City Of Oakland Under The Cooperation Agreement In an Amount Not To Exceed $5,064,910 For Certain Public Facility And Parks Projects In The Central District, Coliseum, Central City East, And West Oakland Redevelopment Project Areas; And 07-0683 Play Video 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 Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 10:09 p.m. The following individuals spoke on this item: - Sanjiv Handa Agency/Councilmember Brooks 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, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -7, Excused: Brunner View Report.pdf 2007-0081 CMS.pdf 2) A Resolution Accepting And Appropriating A Contribution Of Redevelopment Agency Funds To The City Under The Cooperation Agreement In an Amount Not To Exceed $5,064,910 For Certain Public Facility And Parks Projects In The Central District, Coliseum, Central City East, And West Oakland Redevelopment Project Areas For Fiscal Year 2007-2009 07-0683-1 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 Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 80960 CMS.pdf City of Oakland Page 26 Printed on 1/4/08",26,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 14.4 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 Confirming 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 07-0836 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 Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 10:14 p.m. The following individuals spoke on this item: - Sanjiv Handa Agency/Councilmember Brooks 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, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -7, Excused: Brunner View Report.pdf 80961 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 07-0836-1 Not Adopted City of Oakland Page 27 Printed on 1/4/08",27,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 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 To Chapter 4.24 Of The Oakland Municipal Code 07-0836-2 Not Adopted 14.5 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 07-0837 A motion was made by Councilmember Nadel, seconded by Vice Mayor Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14.5 by the City Clerk, the Public Hearing was opened at 10:17 p.m. The following individuals spoke on this item: - Jeff Rosenbloom - Sanjiv Handa Agency/Councilmember Nadel 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, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -7, Excused: Brunner View Report.pdf 80962 CMS.pdt City of Oakland Page 28 Printed on 1/4/08",28,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 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 Real Property Transfer Taxes And Authorizing 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 07-0837-1 Not Adopted 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Real Property Transfer Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code 07-0837-2 Not Adopted City of Oakland Page 29 Printed on 1/4/08",29,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 14.6 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 07-0838 A motion was made by Councilmember Kernighan, seconded by Vice Mayor Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14. 6 by the City Clerk, the Public Hearing was opened at 10:29 p.m. The following individuals spoke on this item: - Sanjiv Handa Agency/Councilmember Kernighan 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, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -7, Excused: Brunner View Report.pdf 80963 CMS.pdt 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 07-0838-1 Not Adopted City of Oakland Page 30 Printed on 1/4/08",30,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 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 07-0838-2 Not Adopted 14.7 Subject: Delinquent Mandatory Garbage Fees From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For April/May/June 2007, Monthly Accounts And July/August/September 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 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 07-0839 A motion was made by Councilmember Kernighan, seconded by Vice Mayor Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Upon the reading of Item 14.7 by the City Clerk, the Public Hearing was opened at 10:26 p.m. The following individuals spoke on this item: - Sanjiv Handa Agency/Councilmember Kernighan 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, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -7, Excused: Brunner View Report.pdf 80964 CMS.pdf City of Oakland Page 31 Printed on 1/4/08",31,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 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 07-0839-1 Not Adopted 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 To Chapter 8.28 Of The Oakland Municipal Code 07-0839-2 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 07-0835 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 Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80965 CMS.pdf City of Oakland Page 32 Printed on 1/4/08",32,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 16 Subject: Oil Spill - Local Emergency From: Office of Emergency Services Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The November 7, 2007 Catastrophic Oil Spill In The San Francisco Bay That Occurred When M/V Cosco Busvan, A Container Ship, Side Swiped One Of The Bay Bridge Western Anchorages 07-0842 Play Video A motion was made by Vice Mayor Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdt 80966 CMS.pdf 17 Subject: Industrial Land Use Policy From: Community and Economic Development Agency Recommendation: Action On A Report And Recommendations On The City's Industrial Land Use Policy 07-0613 *Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency/City Council on 1/15/2008 The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf City of Oakland Page 33 Printed on 1/4/08",33,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 18 Subject: New Public Street - Uptown Oakland Project From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Designating A New Public Street As Rashida Muhammad Street That Will Connect 19th Street, William Street, And Thomas L. Berkley Way In The Uptown Oakland Project Area 07-0646 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 Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Keith L. Xcarlisle - Marcus Garland Gary - Christina K. Gude - Sandra V. Sanders-West - Rashida Shahida Mustafa II - Grace Newfeld - Debra A. Pullen - Miayako Dennis - Walter B. Hoye - Bahati Jackson - Shafari Jackson - Smarif A. Mustafa - Hynie Vinnetta Bradley - Ron Zappala - Fadil A.M. Al-Bakari - Karriem A. Muhammad - Shomari Mustafa Muhammad View Report.pdf 80967 CMS.pdf City of Oakland Page 34 Printed on 1/4/08",34,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 19 Subject: Measure B-ACTIA Fund - Restore Tunnel Road Washout From: Community and Economic Development Agency Recommendation: Adopt A Resolution 1) Appropriating $650,000.00 From Measure B-ACTIA Fund (2211) Fund Balance 2) Reallocating $300,000.00 Already Budgeted Within The Measure B-ACTIA Fund (2211) And 3) Waiving Advertising And Authorizing The City Administrator To Award A Construction Contract Through A Modified Competitive Bid Process For The Emergency Construction Of Permanent Improvements To Restore A Washout On Tunnel Road (Project No. C99581) In A Not-To-Exceed Amount Of $700,000.00 Without Return To Council 07-0748 A motion was made by Vice Mayor Chang, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Staff was further directed to bring the results of the modified bid process back to a future council meeting. View Report.pdf View Supplemental Report.pdf 80968 CMS.pdf City of Oakland Page 35 Printed on 1/4/08",35,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 20 Subject: City Stables Facility Improvements From: Office of Parks and Recreation Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Authorize An Improvement Project At City Stables Located At 13560 Skyline Boulevard, Oakland At An Estimated Cost Of $515,000 To Clear The Existing Paddock Area, Install New Paddock Structures, Construct A New Pre-Fabricated Hay Storage Shed, And Provide Minor Landscaping And Other Necessary Improvements Consistent With The City Stables Master Plan For Which There Is Available Capital Improvements Funding In Projects C213720 And G230120; And 2) Authorize The Office Of Parks And Recreation To Issue A Request For Proposals To Manage And Operate An Equestrain Facility And Programs 07-0725 Play Video A motion was made by Councilmember Brooks, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individuals spoke on this item: - Oudretta Johnson - Audie Bock - Judi Bank - Kathy Dunn Staff were directed to explore funding using other sources such as Measure Y, Oakland Fund For Children and Youth (OFCY), etc. View Report.pdf View Supplemental Report.pdf 80969 CMS.pdf City of Oakland Page 36 Printed on 1/4/08",36,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 21 Subject: Municipal Code Amendment - Cabarets From: Office Of The City Administrator Recommendation: Adopt The Following Pieces Of Legislation: 1) Approve The Introduction (First Reading) Of An Ordinance Amending Oakland Municipal Code Chapter 5.12, ""Cabarets"" To (1) Allow Discretion In Permitting Cabarets Within 300 Feet Of Places Of Public Worship, Public Schools, And Public Libraries And 2) Require Background Checks For Cabaret Permit Applicants (TITLE CHANGE); And 07-0759 A motion was made by Councilmember Nadel, seconded by Councilmember Quan, that this matter be Approved as Amended for Re-Introduction to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on December 18, 2007. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Staff were directed to return in the future with an ordinance that addresses the conflict in the current restrictions on Cabaret permits specifically for the Uptown and Jack London projects. View Report.pdf View Supplemental Report.pdf 2) Approve The Introduction (First Reading) Of An Ordinance Amending Oakland Municipal Code Chapter 5.02 To Provide More Notice To Residents Of Business Permit Applications 07-0759-1 A motion was made by Councilmember Nadel, seconded by Councilmember Quan, 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 December 18, 2007. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individuals spoke on this item: - Mark Davis - Sanjiv Handa City of Oakland Page 37 Printed on 1/4/08",37,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 22 Subject: 2008 State Legislative Agenda From: Council President Ignacio De La Fuente Recommendation: A Report Requesting Approval Of The Proposed 2008 State Legislative Agenda For The City Of Oakland 07-0734 A motion was made by Councilmember Brooks, seconded by Councilmember Reid, that this matter be Approved as Amended to include the following priorities: 1) The clean up of the legislation associated with the establishment of State Cable Franchises for the State of California, and 2) and Proposition 84 for support to the Museum, Zoo and Chabot Science center receiving nature educational funds specifically for the non profit programs. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individuals spoke on this item: - Steve Edrington - Sanjiv Handa Agency/Councilmember Brooks made a motion, seconded by Agency/Councilmember Reid, to approve the 2008 State Priorities as amended to two additional priorities: 1) The clean up of the legislation associated with the establishment of State Cable Franchises for the State of California, 2) and Proposition 84 for support to the Museum, Zoo and Chabot Science center receiving nature educational funds specifically for the non profit programs; 3) seismic retrofitting subsidies for residental dwellings to obtain compliance with State retrofitting standards and clarifying the State regulations. and upon call of the roll, the motion passed by Ayes: Agency/Councilmember. Chang, Kernighan, Nadel, Quan - 4, Noes: Brooks, President De La Fuente - 2, Abstain: Reid - 1, Excused: Brunner - 1 View Item.pdf View Supplemental.pdt View Supplemental Report.pdf View Supplemental Report.pdf City of Oakland Page 38 Printed on 1/4/08",38,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council 23 Subject: Parks And Recreation Advisory Commission Appointments From: Office of the Mayor Recommendation: Adopt A Resolution Re-Appointing Brad Ricards, Jefferey Taylor And Osagie Enabulele As Members Of The Parks And Recreation Advisory Commission 07-0840 A motion was made by Councilmember Reid, seconded by Vice Mayor Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf 80970 CMS.pdf 24 Subject: Children's Fairyland Board of Trustees - Appointment From: The Mayor Recommendation: Adopt A Resolution Appointing Nashwa Emem As A Member Of The Children's Fairyland Board 07-0841 A motion was made by Councilmember Reid, seconded by Vice Mayor Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Sanjiv Handa View Report.pdf 80971 CMS.pdf City of Oakland Page 39 Printed on 1/4/08",39,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council S-25 Subject: Wood Street Development - Affordable Housing From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing The Purchase Of A 3.12 Acre Parcel Located Between Wood Street And The Frontage Road And Between 18th Street And 20th Street From Holliday Development, Allocating Up To $8,050,000 For Its Purchase, And Authorizing A Request For Proposals For Development Of An Affordable Housing Project On The Site; 07-0555 Play Video 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 Abstained: 1 - Councilmember Brooks ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 6 - Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Report.pdf 2007-0082 CMS.pdf 2) An Agency Resolution Allocating Up To $5,600,000 For 40 First-Time Homebuyer Down Payment Assistance Loans And Interest Rate Buy-Down Forgivable Loans For Purchase Of Units Within The Wood Street Development District 07-0555-1 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 Abstained: 1 - Councilmember Brooks ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 6 - Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke on this item: - Naomi Schiff - Marcel Diallo - Shana Simmons - Vince Gibbs - Rick Holliday - Sanjiv Handa 2007-0083 CMS.pdf City of Oakland Page 40 Printed on 1/4/08",40,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council S-26 Subject: East Bay Community Law Center - Contract From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving A Two-Year Grant To A Maximum Of $100,000 Per Year ($200,000) To The East Bay Community Law Center To Counsel And Represent Low Income Participants In Oakland Rent Adjustment Program Hearings And Appeals To The Rent Board, With An Option To Extend The Grant An Additional Three Years, One Year At A Time, To A Maximum Of $100,000 For Each Year Of Extension 07-0705 Play Video This matter was Not Adopted. The motion failed. Votes: The following individuals spoke on this item: - Yvonne M. Walters - Billy Gene Smith - Aumont Phipps - John K. Wagers - Regina Rab Garrett Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Kernighan, to adopt the resolution as amended on Item S-26, to extend the agreement for one year to provide staff time to issue an RFP upon call the roll, the motion failed by Ayes: Kernighan, Nadel, Quan - 3, Noes: Brooks, Chang, Reid and President De La Fuente - 4, Excused: Brunner - 1 Agency/Councilmember Chang made a substitute motion, seconded by Agency/Council President De La Fuente, to direct staff to prepare an expedited RFP with return to Council as soon as possible, and upon call of roll, the motion passed by Ayes: Agency/Councilmember: Brooks, Chang, Reid, De La Fuente - 4, Noes: Nadel, Quan - 2, Abstain: Kernighan - 1, Excused: Brunner - 1 View Report.pdf View Supplemental.pdf City of Oakland Page 41 Printed on 1/4/08",41,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 2007 Redevelopment Agency / City Council S-27 Subject: Street Based Outreach - Grant Agreement From: Office of the Mayor Recommendation: Adopt A Resolution Allocating $375,000 From The Measure Y-Reserve Funds Project For Street Based Outreach, To Be Combined With $200,000 From The General Purpose Fund, Street Outreach Project For The Issuance Of A Department Of Human Services Request For Proposals (RFP) For Street-Based Outreach 07-0711 Play Video A motion was made by Councilmember Quan, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 80972 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) Play Video There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting in memory of June Jue Fong, James Edmond, Sally Marguerite Belle Davis, Gaynelle Kitely, Scott Slaughter, Algernon Jackson, and Tony Johnson at 2:39 a.m. THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. City of Oakland Page 42 Printed on 1/4/08",42,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf OaklandRedevelopmentAgencyAndCityCouncil,2007-12-04,"Concurrent Meeting of the Oakland Meeting Minutes December 4, 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 City Clerk and Clerk of the Council City of Oakland Page 43 Printed on 1/4/08",43,OaklandRedevelopmentAgencyAndCityCouncil/2007-12-04.pdf