body,date,text,page,path OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"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 Grawing for are 150 2/2018 Concurrent Meeting of the Oakland Redevelopment Agency / City Council Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Tuesday, September 16, 2008 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 6:06 P.M. 2 Roll Call / ORA & Council Play Video ORA)Councilmember Present: 8 - Councilmember Brooks, Councilmember Brunner, Member 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 individual(s) spoke under Open Forum: - Simuel Ramey - John Nelson - Geffrey Pete - Clyde Sotomey - Gene Hazzard - Shirnell Smith - Andre Spearman - Ronald Muhammad - Juniuos Williams - Roberto Costa - Darnal Levingston - David Ward - Nancy Parlette - Wilson Riles - Rev. Eddie L. Owens - Mike Bacon City of Oakland Page 1 Printed on 10/8/08",1,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 4 Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. There was no action necessary for this item. 5 Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side) There was no action necessary for this item. 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. Councilmember Quan was noted absent at 6:35 pm. 7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on July 15, 2008 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Quan ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Reid and President of the Council De La Fuente Councilmember Quan was noted present at 6:37 pm. 8. PRESENTATION OF CEREMONIAL MATTERS There were no presentations for this meeting. City of Oakland Page 2 Printed on 10/8/08",2,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 9. COUNCIL ACKNOWLEDGEMENTS/ ANNOUNCEMENTS Play Video Agency/Councilmember Brunner took a point of personal privilege and requested that the meeting be adjourned in memory of Nancy Backstrom Agency/Councilmember Brunner took a point of personal privilege and requested that the meeting be adjourned in memory of Charlotte Lottie Rose Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Alan Hahn Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Kenna Wilson Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Luis Hernandez Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Deidria Etheridge 10. CONSENT CALENDAR (CC) ITEMS: Play Video 10.1-CC Subject: Declaration Of A Local Emergency Due To AIDS Epidemic From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis With Regard To The AIDS Epidemic 07-1614 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Vivek Bhatia - Darnell Levingston View Report.pdf 81526 CMS.pdf City of Oakland Page 3 Printed on 10/8/08",3,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 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 07-1615 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81527 CMS.pdf 10.3-CC Subject: Whistleblower Protection From: Council President De La Fuente And City Auditor Ruby Recommendation: Adopt An Ordinance Prohibiting Retaliation Against Employees Who Act As Whistleblowers 07-1021 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Gary Sirbu - Ralph Kanz - Sanjiv Handa View Report.pdf View Report.pdf View Supplemental Report.pdf 12890 CMS.pdf City of Oakland Page 4 Printed on 10/8/08",4,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.4-CC Subject: Jack London District Interim Mixed-Use Parking Program Amendments From: Councilmember Nancy Nadel Recommendation: Adopt An Ordinance Amending Ordinance No. 12864 C.M.S., To Modify The Boundaries Of The Jack London District Interim Mixed-Use Permit Parking Program Area, In Order To Include All Of The Merchants, Businesses, Employees, And Residents Along The Waterfront And At 401 Broadway Street, As Follows: (A) Extend The Southern Boundary Of The Permit Parking Area South Approximately Two Blocks From Embarcadero West, To The Edge Of The Estuary, Between Oak Street And Washington Street Only, Extending The Eastern Boundary In A Straight Line Down Oak Street To The Water; And (B) Extend The Northern Boundary Of The Permit Parking Area North One Block From Fourth Street, Between Washington Street And Broadway Only, To Include The Southern Side Of Fifth Street Only (TITLE CHANGE) 07-1440 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 10.5-CC Subject: Encroachment Permit - 1199 Pine Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting PCL Associates LLC A Revocable And Conditional Permit To Allow Portions Of Residential Units In A New Building At 1199 Pine Street To Encroach Over The Public Sidewalk 07-1503 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81528 CMS.pdf City of Oakland Page 5 Printed on 10/8/08",5,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.6-CC Subject: Lake Merritt And 12th Street Separation Structure Funding From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept, And Appropriate $15,110,000.00 Of Highway Bridge Program (HBP) Funding Including Up To $13,376,883.00 In Federal Highway Administration (FHWA) Funds And Up To $1,733,177.00 In State Proposition 1B Local Match Funds To Replace The 12th Street Eastern And Western Grade Separation Structures At Lake Merritt 07-1504 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81529 CMS.pdf 10.7-CC Subject: As-Needed Environmental Services Contracts From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator To Enter Into An Agreement With Geomatrix In An Amount Up To Seven Hundred Fifty Thousand Dollars ($750,000.00) For As-Needed General Environmental Consulting Services For A Two-Year, Eight-Month Period From November 1, 2008 Through June 30, 2011 07-1550 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81530 CMS.pdf 2) A Resolution Authorizing The City Administrator To Enter Into An Agreement With LFR In An Amount Up To Seven Hundred Fifty Thousand Dollars ($750,000.00) For As-Needed General Environmental Consulting Services For A Two-Year, Eight-Month Period From November 1, 2008 Through June 30, 2011; 07-1550-1 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 81531 CMS.pdf City of Oakland Page 6 Printed on 10/8/08",6,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 3) A Resolution Authorizing The City Administrator To Enter Into An Agreement With Ninyo & Moore In An Amount Up To Seven Hundred Fifty Thousand Dollars ($750,000.00) For As-Needed General Environmental Consulting Services For A Two-Year, Eight-Month Period From November 1, 2008 Through June 30, 2011 07-1550-2 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 81532 CMS.pdf 4) A Resolution Authorizing The City Administrator To Enter Into An Agreement With URS In An Amount Up To Seven Hundred Fifty Thousand Dollars ($750,000.00) For As-Needed General Environmental Consulting Services For A Two-Year, Eight-Month Period From November 1, 2008 Through June 30, 2011 07-1550-3 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 81533 CMS.pdf 5) An Agency Resolution Authorizing The Agency Administrator To Expend Agency Funds Up To Three Million Dollars Under The Cooperation Agreement For As-Needed General Environmental Consulting Services For Redevelopment Projects Under The City Of Oakland Environmental Services Contracts In Effect From November 1, 2008 Through June 30, 2011 07-1550-4 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 2008-0083 CMS.pdf City of Oakland Page 7 Printed on 10/8/08",7,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.8-CC Subject: Purchase Of Real Property - 5859 Foothill Boulevard From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of Real Property At 5859 Foothill Boulevard, From Community Fund LLC For $480,000 Less The Cost Of Environmental Site Remediation And Authorizing Up To $50,000 For Costs For Demolition And Real Estate Closing 07-1422 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 2008-0084 CMS.pdf 10.9-CC Subject: Mass Care Shelter Sites - OUSD Agreement From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Acting City Administrator Or His Or Her Designee To Enter Into An Agreement With The Oakland Unified School District Regarding The Use Of Oakland Unified School District School Sites During Emergencies For Temporary Mass Care Shelter Sites 07-1511 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81534 CMS.pdf City of Oakland Page 8 Printed on 10/8/08",8,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.10-CC Subject: Metropolitan Medical Response System From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Accept A Two Hundred Fifty Eight Thousand One Hundred Forty Five Dollar ($258,145.00) Metropolitan Medical Response System (MMRS) Grant From The Governors Office Of Homeland Security To Fund The MMRS Program, Planning And Equipment For Oakland Fire Department 07-1298 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81535 CMS.pdf 10.11-CC Subject: POST Certified Emergency Vehicle Training 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 Period Of July 1, 2008 Through June 30, 2009 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 07-1500 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81536 CMS.pdf City of Oakland Page 9 Printed on 10/8/08",9,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.12-CC Subject: Asset Forfeiture Fund From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or A Designee, To 1) Enter Into A Memorandum Of Understanding, For The Period Of September 30, 2008 Through October 1, 2009 And Renewable Annually, With The US Department Of Justice, Bureau Of Alcohol, Tobacco, Firearms And Explosives (ATF) And The Oakland Police Department (OPD) To Cooperate In The Operation Of A Joint Oakland Firearm And Gang Task Force (Task Force), And 2) Accept And Appropriate Reimbursement Funds From The US Department Of Justice Asset Forfeiture Fund To The Oakland Police Department For Investigator Overtime And Other Asset Forfeiture Fund Authorized Reimbursements In Accordance With The Existing Federal Sharing Agreement 07-1560 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81537 CMS.pdf 10.13-CC Subject: Travel Authorization For Councilmember Brooks From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Attend The African American Caucus Of The League Of Cities Conference From September 21 - 23, In Conjunction With The Previously Authorized Congressional Black Caucus Legislation Conference From September 23-27, 2008 07-1583 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81538 CMS.pdf City of Oakland Page 10 Printed on 10/8/08",10,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.14-CC Subject: United States Tennis Association Northern California From: Vice Mayor Larry E. Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $2,202.95 Of Vice Mayor Larry E. Reid's Priority Project Funds To The United States Tennis Association Northern California For Elmhurst Youth Tennis Center Members To Attend The 87th Annual Pacific Coast Championships 07-1607 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81539 CMS.pdf 10.15-CC Subject: Chinatown Chamber Of Commerce - Priority Project Funds From: Councilmember Pat Kernighan Recommendation: Adopt A Resolution Authorizing Allocation Of $500 Of Councilmember Patricia Kernighan's Priority Project Funds To The Chinatown Chamber Of Commerce For The Community Celebration Of The Completion Of The Revive Chinatown Pedestrian Safety Improvements At Four Chinatown Intersections 07-1610 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81540 CMS.pdf City of Oakland Page 11 Printed on 10/8/08",11,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.16-CC Subject: Priority Project Funds - District Six From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Authorizing Use Of $4591.96 From Councilmember Desley Brooks' Priority Project Funds To Pay For Custom Screen Printed T-Shirts Promoting The ""So You Think You Can Hoop"" Event Organized By Councilmember Desbley Brooks' Office (TITLE CHANGE) 07-1618 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf View Supplemental Report.pdf 81541 CMS.pdf 10.17-CC Subject: United States Tennis Association-Northern California From: Councilmember Henry Chang Recommendation: Adopt A Resolution Authorizing A Grant Of $2,000.00 From The At-Large Councilmember Henry Chang, Jr.'s Pay-Go Funds To The United States Tennis Association Northern California For Elmhurst Youth Tennis Center Members To Attend The 87th Annual Pacific Coast Championships 07-1619 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81542 CMS.pdf City of Oakland Page 12 Printed on 10/8/08",12,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 10.18-CC Subject: John And Jean Bouey - 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 John And Jean Bouey V. City Of Oakland, Alameda County Superior Court Case No. RG07307959 In The Amount Of $$,500.00. This Action Arises From Flooding Of Plaintiffs' Property Located At 9312 Skyline Boulevard Around December 2005, Allegedly Because Of The Discharge Of Surface Water From Skyline Boulevard. The Settlement Was Approved By The City Council At Closed Session On July 15, 2008 (Public Works Agency) 07-1626 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81543 CMS.pdf Passed The Consent Agenda A motion was made by Member Chang, seconded by Councilmember Reid, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member 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 Play Video A motion was made by Member Chang, seconded by Councilmember Reid, to *Approve as Submitted the report from the Office of the City Attorney of three final decisions made during Closed Session. Please refer to Attachment ""A"" for the details of the two final decisions. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa City of Oakland Page 13 Printed on 10/8/08",13,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 2.20.130 of the Sunshine Ordinance A motion was made by Councilmember Reid, seconded by Member Chang, to *Approve as Submitted the motion confirming that no non-confidential Closed Session discussion occured during Closed Session. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER: 13 Reconsideration of Ordinances pursuant to Charter Section 216 14. Consideration of items with statutory Public Hearing Requirements: City of Oakland Page 14 Printed on 10/8/08",14,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 14.1 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 07-1599 Play Video A motion was made by Councilmember Quan, seconded by Member Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member 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 7:04 p.m. The following individuals spoke on this item: - Sanjiv Handa The following individuals spoke on this item: Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Chang, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 81544 CMS.pdf 2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; Or 07-1599-1 Not Adopted City of Oakland Page 15 Printed on 10/8/08",15,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 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 07-1599-2 Not Adopted 14.2 Subject: Delinquent Mandatory Garbage Fees From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For January/February/March 2008, Monthly Accounts And April/May/June 2008, 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 07-1600 A motion was made by Member Chang, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member 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 7:06 p.m. The following individuals spoke on this item: - Sanjiv Handa The following individuals spoke on this item: Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember Brunner, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 81545 CMS.pdf City of Oakland Page 16 Printed on 10/8/08",16,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 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 07-1600-1 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 07-1600-2 Not Adopted City of Oakland Page 17 Printed on 10/8/08",17,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 14.3 Subject: Delinquent Real Property Transfer 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 07-1601 A motion was made by Councilmember Nadel, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member 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 7:09 p.m. The following individuals spoke on this item: - Sanjiv Handa - Ora Knowel The following individuals spoke on this item: Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Quan, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente -8 View Report.pdf 81546 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 07-1601-1 Not Adopted City of Oakland Page 18 Printed on 10/8/08",18,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 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 07-1601-2 Not Adopted ACTION ON NON-CONSENT ITEMS: 15 Subject: Property Improvements - 8603 & 8701 Hillside Street From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation Agreement With Pineview Partners, LLC, And Lenin Anne For The Rehabilitation Of 8603 & 8701 Hillside Street In The Central City East Redevelopment Project Area, Including Agency Funding In An Amount Not To Exceed $275,000 07-1451 *Withdrawn with No New Date Vice Mayor Reid requested to pull item 15 View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf From: The Office of the City Attorney Recommendation: Receive A Supplemental Report On Agency Resolution Authorizing An Owner Participation Agreement For 8603 And 8701 Hillside Street 07-1451-1 *Withdrawn with No New Date Vice Mayor Reid requested to pull item 15 View Report.pdf City of Oakland Page 19 Printed on 10/8/08",19,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 16 Subject: 16th Street Train Station From: Community and Economic Development Agency Recommendation: Action On A Report On The Status Of The Rehabilitation And Reuse Of The Historic 16th Street Train Station In West Oakland; And Adopt The Following Pieces of Legislation: 1) A Resolution Approving A Non-Profit Corporation To Be Created By The Train Station Partnership And Build To Oversee The Rehabilitation And Reuse Of The 16th Street Train Station In West Oakland 07-1506 Play Video A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended to revise the agency to add the following language: ""Further Resolved: That the board of the Train Statuion entity must include members with significant development experience;"" The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member 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 Supplemental Report.pdf 81547 CMS.pdf City of Oakland Page 20 Printed on 10/8/08",20,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 2) An Agency Resolution Authorizing A Predevelopment Loan With Deferred Repayment To The Train Station Entity For Rehabilitation Of The 16th Street Train Station In West Oakland In An Amount Not To Exceed $400,000 (TITLE CHANGE) 07-1506-1 A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended to revise the agency resolution to add the following language: ""Further Resolved: That the work product funded by the loan, as well as other development rights for the project, shall be security for the loan and shall be assigned to the Agency upon a default by the developer in the performance of its loan obligations, inculding obligations to pursue development of the project, and be it, Further Resolved: That loan funds shall be disbursed only for costs actually incurred by the developer based on invoices submitted to the Agency;"" The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item. - Carol Galante - Margaret Gordon - Naomi Schiff - Andre Spearman - Karla Goodbedy - Monsa Nitoto - Vince Gibbs - Phu H. Tauan - Sanjiv Handa 2008-0085 CMS.pdf City of Oakland Page 21 Printed on 10/8/08",21,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 17 Subject: Ventures, LLC Loan - 1396 5th Street From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of 1396 Fifth Street (Former Red Star Yeast Factory) In West Oakland From 1396 Fifth Street LLC For A Purchase Price Not To Exceed $2,750,000 Less Environmental Remediation Costs, Plus Closing Costs In An Amount Of $60,000 (TITLE CHANGE) 07-1507 Play Video A motion was made by Councilmember Nadel, seconded by Member Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa - Curtis Eisenberger View Report.pdf View Supplemental Report.pdf 2008-0086 CMS.pdf City of Oakland Page 22 Printed on 10/8/08",22,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 18 Subject: Master Developer For The Former Oakland Army Base - RFP From: Community and Economic Development Agency Recommendation: Action On A Supplemental Report On Actions And Recommendations Regarding The Selection Of A Master Developer For A 108-Acre Portion Of The Former Oakland Army Base 07-1359-1 Play Video A motion was made by Councilmember Nadel, seconded by Member Chang, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa - Sean House - Brain Bevieridge - Ben Nichols - Anny Chang - Steve Lowe - David Klein - David Gazek - Merlin Edwards - Victoria Williams Turner - Ronnie M. Turner - Kent Lewandowski - Sharon Cornu - Ray Kidd - Phill Tagam - Margaret Gordon - Scott B. Peterson - Dr. Ulysses S. Crockett View Report.pdf City of Oakland Page 23 Printed on 10/8/08",23,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 19 Subject: Rescinding Ordinance No. 12818 C.M.S. Plastic Bag Ban From: Public Works Agency Recommendation: Adopt An Ordinance Rescinding Ordinance No. 12818 C.M.S., Which Banned The Use Of (Non-Biodegradable Plastic Carry-Out Bags At Point Of Sale By Certain Retail Establishments 07-1597 Play Video A motion was made by Councilmember Brooks, seconded by Councilmember Quan, that this matter be Approved on Introduction for Final Passage to the *Special Concurrent Meeting of the Oakland Redevelopment Agency/City Council, due back on October 7, 2008. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 20 Subject: Shepherd Canyon Park Parking Lot Project From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator Or His Designee To 1) Waive Advertising And Authorize Direct Solicitation Of Competitive Bids For The Shepherd Canyon Park Parking Lot Project (B246741); And 2) Award A Construction Contract To The Lowest Responsive, Responsible Bidder For The Shepherd Canyon Park Parking Lot Project (B246741) In An Amount Not-To-Exceed $110,000.00 Without Returning To Council 07-1602 Play Video A motion was made by Councilmember Quan, seconded by Member Chang, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 81548 CMS.pdf City of Oakland Page 24 Printed on 10/8/08",24,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Fuente View Report.pdf 81549 CMS.pdf 22 Subject: Demolition Of Unsafe Structures For Wallace Street Properties From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legisaltion: 1) An Agency Resolution Contributing Central City East Redevelopment Funds In The Amount Of $800,000.00 To The City Of Oakland Under The Cooperation Agreement, Of Which $600,000.00 Will Be Allocated For Engineering And Slope Stabilization And $200,000.00 Will Be Allocated For Demolition Of Unsafe Structures For Properties Located At 2621, 2631, And 2633 Wallace Street; And 07-1604 Play Video A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente View Report.pdf 2008-0087 CMS.pdf City of Oakland Page 25 Printed on 10/8/08",25,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 2) A Resolution Accepting And Appropriating Central City East Redevelopment Funds In The Amount Of $800,000.00 From The Redevelopment Agency, Authorizing Allocation Of $600,000.00 Of Said Funds To Engineering And Slope Stabilization, And Waiving Advertising And Authorizing Direct Solicitation Of Competitive Bids For And Award Of A Construction Contract To The Lowest Responsible, Responsive Bidder For Demolition Of Unsafe Structures Located At 2621, 2631, And 2633 Wallace Street (Project No. To Be Determined) In A Not-To-Exceed Amount Of $200,000.00 Without Return To Council 07-1604-1 A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente 81550 CMS.pdf 23 Subject: Measure M Performance Audit From: Office of the City Auditor Recommendation: Receive The Measure M Performance Audit: The City Used Emergency Medical Services Funds Appropriately 07-1612 Play Video A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf City of Oakland Page 26 Printed on 10/8/08",26,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 24 Subject: Measure N Performance Audit From: Office of the City Auditor Recommendation: Receive The Measure N Performance Audit: The City Used Paramedic Services Funds Appropriately 07-1613 Play Video A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Reid ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf City of Oakland Page 27 Printed on 10/8/08",27,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 25 Subject: Whistleblower Program Funding From: City Auditor Ruby/Council President De La Fuente/Councilmember Kernighan Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Appropriate To The Office Of The City Auditor $330,000 In Fiscal Year 2008-2009 And $330,000 In Fiscal Year 2009-2010 In General Purpose Funds For The Purpose Of Funding Administration Of The City Auditor's Whistleblower Program 07-1616 Play Video A motion was made by Councilmember Kernighan, seconded by President of the Council De La Fuente, that this matter be Adopted as Amended to reduce each annual appropriation to $250,000 per year. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa - Judy Cox - James Forsyth - Emila Otero - Valerie Winemiller - Jose Dorado - Carlos Plazola - Thomas Thurston - Molly Stoufer - Steve Edrington - Jay Dodson - Sean Sullivan - Gregory McConnell View Report.pdf 81551 CMS.pdf City of Oakland Page 28 Printed on 10/8/08",28,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 26 Subject: Amicus Brief - Nordyke V. King From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Sign Onto An Amicus (Friend Of The Court) Brief In The Case Of Nordyke V. King Tasking The Court To Uphold Alameda County's Ordinance Banning The Possession Of Firearms And Ammunition On County Property 07-1617 Play Video A motion was made by Councilmember Brooks, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81552 CMS.pd City of Oakland Page 29 Printed on 10/8/08",29,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 27 Subject: Hiring Practices Audit - Funding From: Council President De La Fuente Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal Process For Hiring Audit Services In The Amount Of $150,000.00 To Be Added To The Existing Agreement With Sjoberg Evashenk Consulting For A Total Contract Amount Of $235,000.00, And Appropriating Funds In The Amount Of $150,000.00 To The City Auditor's Budget To Pay For The Work 07-1621 Play Video A motion was made by Councilmember Reid, seconded by Councilmember Quan, that this matter be Adopted as Amended to expand the scope of this hiring audit to include recruitment, applications, interview, centralized and decentralized recruitments, and adherance to Civil Service Rules. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa - Chulzi Hatw - Jay Dodson - Carlos Plazola - Emilia Otero - Jose Dorado - Thomas Thurston - Steve Edrington - Max Allstart View Report.pdf City of Oakland Page 30 Printed on 10/8/08",30,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 28 Subject: City Planning Commission Appointments From: Office of the Mayor Recommendation: Adopt A Resolution Appointing Ada Chan And Reappointing Douglas Boxer, As Members Of The City Planning Commission 07-1493 Play Video The following individual(s) spoke under this item: - Sanjiv Handa - Jay Dodson - Margaret Gordon - Curtis Eisenberger - Chule Haitw - Mark Borsuk - Michael Stewart - Sugi Loni - Jennie Ong View Report.pdf 81554 CMS.pdf 29 Subject: Children's Fairyland Board - Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Appointing Georgia Richardson As Member Of The Children's Fairyland Board 07-1622 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81555 CMS.pdf City of Oakland Page 31 Printed on 10/8/08",31,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council 30 Subject: Mayor's Designee - Police And Fire Retirement Board From: Office of the Mayor Recommendation: Adopt A Resolution Approving The Mayor's Designation Of The City Administrator To Serve In The Mayor's Place And Stead As A Member Of The Police And Fire Retirement Board 07-1623 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81556 CMS.pdf 31 Subject: Cultural Affairs Commission - Appointments From: Office of the Mayor Recommendation: Adopt A Resolution Reappointing/Appointing Brian Vejby, Lori Zook, Terry Hill And Matais Pouncil As Members Of The Cultural Affairs Commission 07-1624 A motion was made by Member Chang, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 81557 CMS.pdf City of Oakland Page 32 Printed on 10/8/08",32,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 Redevelopment Agency / City Council S-32 Subject: Tattoo Parlor Moratorium From: Councilmember Desley Brooks Recommendation: Adopt An Interim Ordinance, Adopted As An Urgency Measure Pursuant To California Government Code Section 65858, Establishing A Temporary Moratorium On The Establishment Or Expansion Of An Activity Or Facility That Involves Tattooing, Body Piercing, And/Or Permanent Cosmetics To Take Effect Immediately Upon Adoption 07-1625 Play Video A motion was made by Councilmember Brooks, seconded by President of the Council De La Fuente, that this matter be Approved for Final Passage. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember Brunner, Member Chang, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council De La Fuente Agency/Councilmember Brooks made a motion seconded by Agency/Councilmember De La Fuente to approve an urgency finding pursuant to Section 2.20.080 E(2) regarding Item S-32 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 is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting. Upon call of the roll the motion passed by Ayes 7, Abstained 1 - Brunner The following individual(s) spoke under this item: - Sanjiv Handa View Report.pdf 12892 CMS.pdf Continuation of Open Forum Play Video The following individual spoke under the continuation of Open Forum:",33,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf OaklandRedevelopmentAgencyAndCityCouncil,2008-09-16,"Concurrent Meeting of the Oakland Meeting Minutes September 16, 2008 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 34 Printed on 10/8/08",34,OaklandRedevelopmentAgencyAndCityCouncil/2008-09-16.pdf