body,date,text,page,path OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT 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, April 21, 2009 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 6:25 PM 2 Roll Call / ORA & Council ORAICouncilmember Present: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 3 Open Forum / Citizens Comments (Time Available: 15 minutes) The following individual(s) spoke under Open Forum: - Keith Muhammad - Diane Muhammad - Donnell Satterfield - Paulette Hogan - Geoffrey Pete 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. Councilmember Kernighan requested that item 14.3 be continued to the May 5, 2009 City Council Agenda 5 Motion for ""Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side) There was no action necessary for this item City of Oakland Page 1 Printed on 5/1/09",1,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 6 Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. There was no action necessary for this item 7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on March 31, 2009 A motion was made by Councilmember Reid, seconded by Councilmember Kaplan, to *Approve the Minutes. The motion carried by the following vote: Votes: ORA)Councilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Arson Awareness Week From: Oakland Fire Department Recommendation: Adopt A Resolution Declaring May 3 - 9, 2009 As Arson Awareness Week In The City Of Oakland 09-0220 A motion was made by Councilmember Reid, seconded by Councilmember De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81896 CMS.pdf City of Oakland Page 2 Printed on 5/1/09",2,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 8.2 Subject: Oakland East Bay Symphony - Recognition From: Councilmember Nadel Recommendation: Adopt A Resolution In Celebration Of Oakland East Bay Symphony's 20th Anniversary As A Regional Orchestra Serving The Diverse Population Of The East Bay, Its Unique Convergence Of Artistic Excellence And Community Service, And Its Prominence As A Leading Cultural Institution In Oakland, And Declaring May 15, 2009 As ""East Bay Symphony Day"" In The City Of Oakland 09-0231 A motion was made by Councilmember Nadel, seconded by Councilmember De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Paul Garrison - Lori Zook View Report.pdf 81897 CMS.pdf 8.3 Subject: Castlemont High School Football Team - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Recognizing The Castlemont High School Varsity Football Team For Their Recent O.A.L. And Silver Bowl Championship Title 09-0234 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 Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Oscar C. Wright - Paulette Hogan - Harold Logwood View Report.pdf 81898 CMS.pdf City of Oakland Page 3 Printed on 5/1/09",3,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 8.4 Subject: East Bay Dragons - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Recognizing The East Bay Dragons Motorcycle Club On Their 50th Anniversary 09-0235 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 Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Paulette Hogan View Report.pdf 81899 CMS.pdf 8.5 Subject: Eva Aguillard - Recognition From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Honoring Community Activist Eva M. Aguillard For Over Forty Years Of Dedicated Service To The City Of Oakland 09-0250 A motion was made by Councilmember Brooks, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORA)Councilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Chris Finn - Paulette Hogan - Sanjiv Handa View Report.pdf 81900 CMS.pdf The Roll Call was modified to note Councilmember Brunner absent at 7:38 PM City of Oakland Page 4 Printed on 5/1/09",4,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 8.6 Subject: Public Works Employees - Recognition From: Councilmember Nancy Nadel Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Honoring Mr. Wayne Guidici For Thirty-Three (33) Years Of Dedicated And Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement; 09-0253 A motion was made by Councilmember Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - President of the Council Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and Councilmember Reid View Report.pdf View Supplemental Report.pdf 81901 CMS.pdf 2) A Resolution Honoring Mr. Manuel Valdez For Thirty-Four (34) Years Of Dedicated And Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement; 09-0253-1 A motion was made by Councilmember Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - President of the Council Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and Councilmember Reid 81902 CMS.pdf 3) A Resolution Honoring Mr. Larry Robinson For Thirty-Four (34) Years Of Dedicated And Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement; 09-0253-2 A motion was made by Councilmember Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - President of the Council Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and Councilmember Reid 81903 CMS.pdf City of Oakland Page 5 Printed on 5/1/09",5,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 4) A Resolution Honoring Mr. Monte Dime For Thirty-Five (35) Years Of Dedicated And Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement; And 09-0253-3 A motion was made by Councilmember Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - President of the Council Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and Councilmember Reid 81904 CMS.pdf 5) A Resolution Honoring Mr. Gene Ungaretti For Forty-Seven (47) Years Of Dedicated And Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement 09-0253-4 A motion was made by Councilmember Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - President of the Council Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and Councilmember Reid The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa 81905 CMS.pdf The Roll Call was modified to note Councilmember Brunner present at 7:56 PM 8.7 Subject: Oakland Bike Month-2009 From: Councilmember Jean Quan Recommendation: Adopt Resolution Proclaiming May 2009 As City Of Oakland Bike Month And Thursday, May 14, 2009, As The City Of Oakland's 16th Annual Bike To Work Day 09-0296 A motion was made by Councilmember Quan, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - President of the Council Brunner ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and Councilmember Reid View Report.pdf 81906 CMS.pdf City of Oakland Page 6 Printed on 5/1/09",6,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 8.8 Subject: Museum Of Children's Art - Recognition From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution In Celebration Of The 20th Anniversary Of The Museum Of Children's Art (MOCHA), And Declaring April 26, 2009 As ""MOCHA Day"" In The City Of Oakland 09-0305 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 De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf 81907 CMS.pdf 9. COUNCIL ACKNOWLEDGEMENTS/ANNOUNCEMENTS 10. CONSENT CALENDAR (CC) ITEMS: 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 09-0298 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Paulette Hogan View Report.pdf 81908 CMS.pdf City of Oakland Page 7 Printed on 5/1/09",7,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 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 09-0299 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item. - Paulette Hogan View Report.pdf 81909 CMS.pdf 10.3-CC Subject: Conflict Of Interest Waiver-Cox, Castle & Nicholson LLP From: Office of the City Attorney Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing Waiver Of Any Potential Conflict Of Interest That The Law Firm Of Cox, Castle & Nicholson LLP, May Have As A Result Of Representing: (1) The Developer Of The Oak To Ninth Project; And (2) Clients In Obtaining Project Approvals From The Agency Or City, To Allow The Firm To Provide Specialized Legal Advice Regarding Brownfields/Hazardous Materials Law To Facilitate Economic And Redevelopment Projects In The City; And 09-0280 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf 2009-0048 CMS.pdf 2) A Resolution Authorizing Waiver Of Any Potential Conflict Of Interest That The Law Firm Of Cox, Castle & Nicholson LLP, May Have As A Result Of Representing: (1) The Developer Of The Oak To Ninth Project; And (2) Clients In Obtaining Project Approvals From The Agency Or City, To Allow The Firm To Provide Specialized Legal Advice Regarding Brownfields/Hazardous Materials Law To Facilitate Economic And Redevelopment Projects In The City 09-0280-1 81910 CMS.pdf City of Oakland Page 8 Printed on 5/1/09",8,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 10.4-CC Subject: Municipal Code Amendment - Special Elections From: Office of the City Attorney Recommendation: Adopt An Ordinance Adding Section 3.08.040 To Chapter 3.08 Of The Oakland Municipal Code, Entitled ""Elections"", To Authorize The City Council To Call A Special Election On July 21, 2009 (TITLE CHANGE) 09-0189 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item. - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 12925 CMS.pdf 10.5-CC Subject: Ruben Perez - 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 Liberty Mutual Insurance A/S/O Ruben Perez In The Amount Of $5,385.87 For An Automobile Collision Involving A City Vehicle On May 16, 2008. (Police Services Agency) 09-0300 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81911 CMS.pdf City of Oakland Page 9 Printed on 5/1/09",9,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 10.6-CC Subject: Lisa Richard - 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 Lisa Richard And David I. Fischer Her Attorney Of Record In The Amount Of $9,279.00 As A Result Of An Automobile Collision Involving A City Vehicle On August 31, 2008. (Police Services Agency) 09-0301 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81912 CMS.pdf 10.7-CC Subject: Lewis A. Borders - 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 California Fair Plan As Subrogee Of Lewis A. Borders, In The Amount Of Twenty Three Thousand One Hundred Sixty Eight Dollars And Seventy Seven Cents ($23,168.77), As A Result Of Property Damages Sustained In An Automobile Collision Involving A City Vehicle On October 9, 2008. (Police Services Agency) 09-0302 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81913 CMS.pdf City of Oakland Page 10 Printed on 5/1/09",10,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 10.8-CC Subject: Kathleen D. Lewis - 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 Kathleen D. Lewis, In The Amount Of $8,660.00, As A Result Of Property Damage Sustained As A Result Of A Failed City Sewer Main On October 26, 2008 (Public Works Agency) 09-0303 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81914 CMS.pdf 10.9-CC Subject: Felicia Powell - 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 Felicia Powell V. City Of Oakland, Alameda County Superior Court Case No. RG07332688 In The Amount Of F$14,000.00 (Public Works Agency) 09-0304 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf 81915 CMS.pdf 10.10-CC Subject: Oakland Bay Trail Gap Closure Project From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Accept And Appropriate One Hundred And Twenty Five Thousand Dollars ($125,000.00) In 2008-2009 Transportation Fund For Clean Air Grant Funds For The Oakland Bay Trail Gap Closure Project (Fruitvale Bridge To Park Street Bridge) 09-0208 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf 81916 CMS.pdf City of Oakland Page 11 Printed on 5/1/09",11,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 10.11-CC Subject: Salary Ordinance Amendment - Construction Coordinator From: Finance and Management Agency Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (The Salary Ordinance) To Add The Permanent Full Time Equivalent Classification Construction Coordinator 09-0217 This Matter was Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on May 5, 2009 on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 10.12-CC Subject: Parking Pass-Through Surcharge From: Finance and Management Agency Recommendation: Adopt An Ordinance Adding Section 10.48.025 To The Oakland Municipal Code (O.M.C.) To Add A $10.00 ""Pass-Through"" Surcharge To All O.M.C. Parking Violation Fines Including All California Vehicle Code (C.V.C.) Violation Citations To Offset And Remit To State/Alameda County Surcharges Imposed By California Government Code (GC) Sections 76000(b) And GC 70372(b) (TITLE CHANGE) 09-0223 This Matter was Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on May 5, 2009 on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemental.pdf City of Oakland Page 12 Printed on 5/1/09",12,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,Printed on 5/1/09,13,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 10.15-CC Subject: Rebuiliding Oakland Together Grant From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing A $50,000 Grant From The West Oakland Redevelopment Project Area Low And Moderate Income Housing Fund To Rebuilding Together Oakland To Rehabilitate Houses For Low-Income Seniors And/Or Disabled Persons Within The Project Area 09-0211 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Paulette Hogan View Report.pdf 2009-0051 CMS.pdf Passed The Consent Agenda A motion was made by Councilmember Nadel, seconded by Councilmember Kaplan, 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 De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, to *Approve as Submitted the oral report from the Office of the City Attorney of 1 final decision made during Closed Session. Please refer to Attachment A for the details of the final decision. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa City of Oakland Page 14 Printed on 5/1/09",14,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 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 Councilmember Kaplan, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 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: 14.1 Subject: Small Business Assistance Center - Implementation From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing A Contribution Of $434,791 From Coliseum Redevelopment Project Funds, West Oakland Redevelopment Project Funds, Central District Redevelopment Project Funds, Oakland Army Base Redevelopment Project Funds And Central City East Redevelopment Project Funds, To The City of Oakland Under The Cooperation Agreement, For Staffing, Build-Out, Operations/Leasing Equipment, Marketing And Contingencies For The Oakland Business Assistance Center (TITLE CHANGE); And 09-0006 A motion was made by Councilmember De La Fuente, seconded by President of the Council Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The Agency Resolution was amended to remove the second ""Further Resolved"" View Report.pdf View Report.pdf View Supplemental Report.pdf View Report.pdf 2009-0052 CMS.pdf City of Oakland Page 15 Printed on 5/1/09",15,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"- George Burtt - Gregory McConnell - Sanjiv Handa Agency/Councilmember De La Fuente 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, De La Fuente, Kaplan, Kernighan, Nadel, Reid, Quan, and President of the Council Brunner -8 81917 CMS.pdf City of Oakland Page 16 Printed on 5/1/09",16,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 14.2 Subject: Sewer Reassessment Amendments From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Ordering The Making Of Amended Reassessments Pursuant To Part 10 Of Division 10 Of The Streets And Highways Code And Directing Actions With Respect Thereto Fire Area Reassessment District No. 99-1; 09-0224 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf 81918 CMS.pdf 2) A Resolution Preliminarily Approving Amended Reassessments, Ordering The Public Hearing, And Directing Actions With Respect Thereto Fire Area Reassessment District No. 99-1; 09-0224-1 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 81919 CMS.pdt 3) A Resolution Confirming The Amended Reassessments And Directing Actions With Respect Thereto Fire Area Reassessment District No. 99-1; 09-0224-2 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 81920 CMS.pdf City of Oakland Page 17 Printed on 5/1/09",17,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 4) A Resolution Ordering The Making Of Amended Reassessments Pursuant To Part 10 Of Division 10 Of The Streets And Highways Code And Directing Actions With Respect Thereto Skyline Sewer Assessment District; 09-0224-3 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 81921 CMS.pdf 5) A Resolution Preliminarily Approving Amended Reassessments, Ordering The Public Hearing, And Directing Actions With Respect Thereto Skyline Sewer Assessment District; And 09-0224-4 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 81922 CMS.pdf 6) A Resolution Confirming The Amended Reassessments And Directing Actions With Respect Thereto Skyline Sewer Assessment District 09-0224-5 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 8:59 PM Agency/Councilmember Reid 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, De La Fuente, Kaplan, Kernighan, Nadel, Reid, Quan, and President of the Council Brunner -8 81923 CMS.pdf City of Oakland Page 18 Printed on 5/1/09",18,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 14.3 Subject: Dawit Mabrahtu - Appeal From: Office of the City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal Filed By Dawit Mebrahtu And Upholding The Administrative Hearing Officer's Decision To Deny The Application For A Permit To Operate A Cabaret Under The Name ""Oasis"" At 135 12th Street 09-0225 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 5/5/2009 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf ACTION ON NON-CONSENT ITEMS: 15 Subject: Emergency Declaration For Tax Measures From: Office of the City Attorney Recommendation: Adopt A Resolution By The City Council Of The City Of Oakland Finding And Declaring An Emergency Pursuant To Article XIIIC, Section 2(b) Of The California Constitution Necessitating Submission Of Certain General Taxes To The Voters Before The Next Regular Election For The City Council 09-0297 A motion was made by Councilmember Quan, seconded by Councilmember Kaplan, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The Resolution was amended to include clarifying language that the Resolution was adopted to strictly declare the Emergency, for the tax measures The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81924 CMS.pdf City of Oakland Page 19 Printed on 5/1/09",19,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 16 Subject: Transactions And Use Tax- Ballot Measure From: Councilmember Jean Quan Recommendation: Adopt A Resolution Submitting, On The City Council's Own Motion, To The Electors At A Special Municipal Election, That Is Not Less Than 88 Days And No More Than 150 Days After The Date The Council Passes This Resolution, A Proposed Ordinance Imposing A Transactions And Use Tax (Sales Tax) Of [One-Fourth To One-Half] Of One Percent For Three Years, To Maintain Vital City Services And Facilities; And Directing The City Clerk To Fix The Date For Submission Of Arguments And Provide For Notice And Publication In Accordance With The Next Municipal Special Election 09-0287 A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, that this matter be Not Adopted. The motion failed by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Reid ORAICouncilmember Noes: 3 - Councilmember Brooks, Councilmember De La Fuente and President of the Council Brunner ORAICouncilmember Ayes: 4 - Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel and Councilmember Quan The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - Andre Spearman - Sharon Cornu - Scott Peterson - Gregory McConnell - Sean Sullivan View Report. pdf City of Oakland Page 20 Printed on 5/1/09",20,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 17 Subject: Cannabis Business Class Tax Rate From: Councilmembers Nadel & Kaplan Recommendation: Adopt A Resolution Submitting To The Voters At The Next Special Election, Not Less Than 88 Days And Not More Than 150 Days From Passage Of This Resolution, A Proposed Ordinance Modifying The Business Tax, Chapter 5.04 Of The Oakland Municipal Code, Adding Section 5.04.480 Creating A New ""Cannabis"" Business Classification With A Business Tax Rate Of F$[12-24] Per $1,000 Of Gross Receipts; Requesting The Services Of The Registrar Of Voters; And Directing The City Clerk To Take Any And All Actions Necessary Under Law To Prepare For And Conduct The Special Election 09-0232 A motion was made by Councilmember Kaplan, seconded by Councilmember Kernighan, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The Resolution was amended to set the tax rate at $18.00 per $1,000 of Gross Receipts The following individual(s) spoke and did not indicate a position on this item: - Richard Lee - James Anthony - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 81925 CMS.pd 18 Subject: 2009 Lighting, Parks, Trees, Heath and Safety Emergency - Ballot Measure From: Councilmember Quan Recommendation: Adopt A Resolution Submitting, On The City Council's Own Motion, To The Electors At The Next Special Municipal Election, That Is Not Less Than 88 Days And No More Than 150 Days After The Date The Council Passses This Resolution, A Proposed Ordinance Creating The 2009 Lighting, Parks And Trees Emergency Health And Safety Measure And Parcel Tax; And Directing The City Clerk To Fix The Date For Submission Of Arguments And Provide For Notice And Publication In Accordance With The Next Municipal Special Election 09-0104 *Withdrawn with No New Date The following individual(s) spoke and did not indicate a position on this item: - Susan Montauk - Judi Bank - Sanjiv Handa View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf City of Oakland Page 21 Printed on 5/1/09",21,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council The Roll Call was modified to note Councilmember De La Fuente absent at 10:46 PM 19 Subject: Real Property Transfer Tax - Ballot Measure From: Finance and Management Agency Recommendation: Adopt A Resolution Submitting To The Voters At the Next Special Election, Not Less Than 88 Days And Not More Than 150 Days From Passage Of This Resolution A Proposed Ordinance Amending The Real Property Transfer Tax, Chapter 4.20 Of The Oakland Municipal Code, To Clarify Application Of The Tax To Transfers Of Real Estate Resulting From Changes In The Ownership And Control Of Corporations And Other Legal Entities Without Increasing The Tax Rate; To Remove The Current Requirement Of Conformity To Statewide Rules; To Add A Definition Of ""Person"" To The Tax; Requesting The Services Of The Registrar Of Voters; And Directing The City Clerk To Take Any And All Actions Necessary Under Law To Prepare For And Conduct The Special Election (TITLE CHANGE) 09-0307 A motion was made by Councilmember Kaplan, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORA)Councilmember Absent: 1 - Councilmember De La Fuente ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: -Scott Peterson - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 81926 CMS.pdf The Roll Call was modified to note Councilmember De La Fuente present at 10:50 PM City of Oakland Page 22 Printed on 5/1/09",22,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 20 Subject: Calling Of The Special Election From: Office of the City Attorney Recommendation: Adopt A Resolution Of The City Council Of The City Of Oakland, California, (1) Calling And Giving Notice For The Holding Of A Special Municipal Election On Tuesday, July 21, 2009 For The Purpose Of Submitting To The Electors Of The City Of Oakland Various Proposed Measures, Including But Not Limited To, A Charter Amendment And Ordinances, (2) Authorizing The City Administrator To Enter Into A Contract With A Consultant To Provide Assistance In Preparing For And Conducting The Special Municipal Election If Necessary, (3) Waiving The Request For Proposal Process For Such Consulting Contract; And (4) Authorizing And Directing The City Clerk To Fix The Date For Submission Of Arguments And Provide For Notice And Publication In Accordance With Applicable Legal Requirements 09-0288 A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Noes: 1 - Councilmember De La Fuente ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81927 CMS.pdf 21 Discussion And Action On Potential Proposals To Obtain Grant Funds Provided Under The American Recovery And Reinvestment Act Of 2009 (Federal Government's ""Stimulus Package"") 09-0188 View Report.pdf City of Oakland Page 23 Printed on 5/1/09",23,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council Subject: Brownfields Job Training Grant From: Council President Jane Brunner Recommendation: Receive An Informational Report On The City's Role Regarding The Brownfields Remediation Job Training Grant From The American Recovery And Reinvestment Act Of 2009 09-0291 A motion was made by Councilmember Nadel, seconded by President of the Council Brunner, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf Subject: Grant Applications Report From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate Grant Funds FromThe American Recovery And Reinvestment Act Of 2009 (Federal Government's ""Stimulus Package"") For The U.S. Department Of Justice, Office Of Justice Programs Bureau Of Justice Assistance (OJP, BJA), Edward Byrne Memorial Competitive Grant (Byrne Competitive Grant) Program For Up To $6,000,000 (Six Million) In Funds To Prevent And Reduce Violent Crimes, Hire Civilian Support Personnel In Law Enforcement And Enhance Forensic Crime Scene Investigations (TITLE CHANGE) 09-0286 A motion was made by Councilmember Nadel, seconded by President of the Council Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The Resolution was amended to change the amount of the grant application from $6,000,000 to $7,000,000 and to include language to allow for Civilian Crime Intelligence Analysts to be hired The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 81928 CMS.pdf City of Oakland Page 24 Printed on 5/1/09",24,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council Subject: Crimes Against Women Grants From: Council President Jane Brunner Recommendation: Receive An Informational Report On The City's Role Regarding The Violence Against Women Transitional Housing Grant From The American Recovery And Reinvestment Act Of 2009 09-0293 A motion was made by Councilmember Nadel, seconded by President of the Council Brunner, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf Subject: Combating Criminal Narcotics Activity From: Council President Jane Brunner Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate Grant Funds From the American Recovery And Reinvestment Act Of 2009 (Federal Government's ""Stimulus Package"") For State And Local Law Enforcement Assistance Program: Combating Criminal Narcotics Activity Stemming From The Southern Border Of The U.S. Competitive Grant In An Amount Not To Exceed $700,000 (Seven Hundred Thousand) To Support Regional Task Force Operations Relating To Narcotics Trafficking (TITLE CHANGE) 09-0294 A motion was made by Councilmember Nadel, seconded by President of the Council Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf View Supplemental Report.pdf 81929 CMS.pdf City of Oakland Page 25 Printed on 5/1/09",25,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council Subject: Clean Water And Clean Diesel Grant Applications From: Council President Jane Brunner Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate Grant Funds From The American Recovery And Reinvestment Act Of 2009 (Federal Government's ""Stimulus Package"") For State Coastal Conservancy In An Amount Not To Exceed One Million Five Hundred Thousand Dollars ($1,500,00) For Various Watershed Management Projects; And (TITLE CHANGE) 09-0292 A motion was made by Councilmember Nadel, seconded by President of the Council Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemental Report.pdf 81930 CMS.pdf 2) A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, And Accept Grant Funds From The American Recovery And Reinvestment Act Of 2009 (Federal Government's ""Stimulus Package"") For The National Clean Diesel Funding Assistance Program In An Amount To Be Determined For The Replacement Of Eligible Diesel Vehicles 09-0292-1 A motion was made by Councilmember Nadel, seconded by President of the Council Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa 81931 CMS.pdf City of Oakland Page 26 Printed on 5/1/09",26,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 22 Subject: Neighborhood Stabilization Program Contracts From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing A Loan In An Amount Not To Exceed $903,637 To Affordable Housing Associates/East Bay Community Recovery Project Under The Neighborhood Stabilization Program For The Acquisition And Rehabilitation Of The Asasha Hotel At 2545 San Pablo Avenue For Project Pride 09-0213 A motion was made by Councilmember De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf 81932 CMS.pdf 2) A Resolution Authorizing A Loan In An Amount Not To Exceed $5,025,000 To The Urban Strategies Council/Oakland Community Land Trust For The Acquisition And Rehabilitation Of Foreclosed Single Family Homes Under The Neighborhood Stabilization Program 09-0213-1 A motion was made by Councilmember De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 81933 CMS.pdf 3) A Resolution Authorizing The City Administrator To Apply For And Accept Funds For the Neighborhood Stabilization Program From The American Recovery And Reinvestment Act Of 2009 From The U.S. Department Of Housing And Urban Development And The State Of California 09-0213-2 A motion was made by Councilmember De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner 81934 CMS.pdf City of Oakland Page 27 Printed on 5/1/09",27,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 4) A Resolution Authorizing A Contract With The Unity Council In An Amount Not To Exceed $250,000 For The Period Of May 1, 2009, To June 30, 2011, For Pre-Purchasing Counseling, General Homebuyer Education And Post-Purchase Education As Required Under The Neighborhood Stabilization Program 09-0213-3 A motion was made by Councilmember De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The Resolutions were amended to modify the second ""Further Resolved"" to read as follows: FURTHER RESOLVED: That the loan funds shall be reserved for a period of no more than nine months from the date of this Resolution, and the making of the loan for each property shall be contingent on Developer's success in securing commitments for full funding for the acquisition and rehabilitation of the property; and be it and to add the following two ""Further Resolved"" paragraphs: FURTHER RESOLVED: That the by laws governing the Oakland Land Trust reflect the following governance requirements, which are widely regarded as best practices: - At least 1/3 of Directors be targeted area residents who are not CLT homeowners - At least 1/3 of Directors have a technical expertise and/or represent the general public interest, one of whom must be the City of Oakland's Deputy Director of Housing or his or her designee; and be it FURTHER RESOLVED: That all staff will bring an informational report to the October 20, 2009 Community and Economic Development Committee meeting to report on whether sufficient commitments to fully fund acquisition and rehabilitation of all 200 homes, as well as fund the first year of organizational operating costs have been, or are likely to be, met within the 9 month reservation period. If as of February 1, 2010, staff determines that such sufficient commitments of. funding have not been secured, staff will prepare a recommendation to be heard directly by the full City Council at its March 2, 2010 meeting to adopt an alternative recommendation to insure that all Neighborhood Stabilization Program funds are obligated by October 1, 2010 In addition the City Attorney was given the authority to remove the City employee from the Board if there is a conflict of interest 81935 CMS.pdf City of Oakland Page 28 Printed on 5/1/09",28,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 5) A Resolution Authorizing A Loan In An Amount Not To Exceed $1,675,000 To Allen Temple Housing And Economic Development Corporation For The Acquisition And Rehabilitation Of Foreclosed Single Family Homes Under The Neighborhood Stabilization Program 09-0213-4 Not Adopted 6) A Resolution Authorizing A Loan In An Amount Not To Exceed $1,675,000 To Bridge/Homebricks For The Acquisition And Rehabilitation Of Foreclosed Single Family Homes Under The Neighborhood Stabilization Program 09-0213-5 Not Adopted 7) A Resolution Authorizing A Loan In An Amount Not To Exceed $1,675,000 To Hallmark Community Solutions For The Acquisition And Rehabilitation Of Foreclosed Single Family Homes Under The Neighborhood Stabilization Program 09-0213-6 Not Adopted The following individual(s) spoke and did not indicate a position on this item: - Junious Williams - Shirley Burnell - Beverly Williams - Martha Lee Daniels - Annie McKinzie - Sanjiv Handa City of Oakland Page 29 Printed on 5/1/09",29,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 23 Subject: Budget Changes From: The Budget Office Recommendation: Adopt An Ordinance Amending Ordinance Number 12880 C.M.S. (Master Fee Schedule), As Amended, To Establish, Modify And Delete Fees Assessed By The Office Of Parks And Recreation 09-0226-1 A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, that this matter be Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on May 5, 2009. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The Council also approved the recommended funding reduction for the Library Operations and Maintenance The following individual(s) spoke and did not indicate a position on this item: - Marvin Schwartz - Lesile Absher - Sanjiv Handa View Report.pdf 24 Subject: Security Pilot Program From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Rescinding Resolution 2009-0047, Amending Resolution 2008-0034, And Contributing Central City East And Coliseum Redevelopment Funds In An Amount Not To Exceed $180,000 To The City Of Oakland Under The Cooperation Agreement To Implement The Central City East Commercial Security Pilot Program And The Coliseum Commercial Security Pilot Program Using City Of Oakland Police Officers; And 09-0290 View Report.pdf View Supplemental Report..pdt City of Oakland Page 30 Printed on 5/1/09",30,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"09-0290-1 A motion was made by Councilmember Brooks, seconded by Councilmember Reid to approve the staff recommendations and adopt the two pieces of legislation noticed on the agenda. A substitute motion was then made by Councilmember De La Fuente, seconded by Councilmember Brunner to proceed with Resolution 2009-0047 passed on the March 31, 2009 agenda authorizing a professional services agreement for an amount not to exceed $180,000 with International Services Incorporated or DTM to provide armed security patrol services in the Central City East and Coliseum Redevelopment Areas. Upon call of the roll on the substitute motion, the motion tied: Ayes: Coucilmembers De La Fuente, Kaplan, Quan, President Brunner -4; Noes: Councilmembers Brooks, Kernighan, Nadel, Reid -4; Pursuant to Rule 29 of the Council's Rules of Procedure, Resolution No. 79006 C.M.S. and City Charter Section 200 this item was continued to the May 5, 2009 City Council Agenda for the purposes of allowing the Mayor to cast the tie breaking vote on the motion The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa The Roll Call was modified to note Councilmember Brooks absent at 12:20 AM City of Oakland Page 31 Printed on 5/1/09",31,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 25 Subject: Ban On Assault Weapons Sales From: Council President Brunner & Councilmembers Brooks & Reid Recommendation: Adopt A Resolution To Encourage President Barack Obama And Congress To Reinstitute And Make Permanent A Ban On The Sale Of Assault Weapons, In Light Of The March 21, 2009 Shooting Deaths Of Four Oakland Police Officers 09-0260 A motion was made by Councilmember Kaplan, seconded by Councilmember De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81936 CMS.pdf 26 Subject: Cryer Site Segment - Oakland Waterfront Bay Trail From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator, Or The City Administrator's Designee, To Award A Construction Contract To McGuire & Hester For The Cryer Site Segment Of The Oakland Waterfront Bay Trail (C243010) In The Amount Of One Million Seven Hundred Thirty-Five Thousand Six Hundred Eighty Dollars ($1,735,680.00) And To Authorize The City Administrator, Or The City Administrator's Designee, To Allocate Measure DD, Series A And Series B Funds, As The City Administrator Deems Necessary And Appropriate For Funding And The Timely Completion Of Specific Measure DD Projects In Accordance With Measure DD 09-0209 A motion was made by Councilmember De La Fuente, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81937 CMS.pdf City of Oakland Page 32 Printed on 5/1/09",32,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council 27 Subject: Contractor Debarment Ordinance From: Contracting and Purchasing Recommendation: Adopt An Ordinance Amending Title 2 Of The Oakland Municipal Code To Add Chapter 2.12, Debarment Program (TITLE CHANGE) 07-1210-1 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 Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemental.pd View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 28 Subject: Measure Y Oversight Committee Appointment From: Councilmember Larry Reid Recommendation: Adopt A Resolution Appointing Mark L. Forte As A Member Of The Measure Y Violence Prevention And Public Safety Oversight Committee 09-0261 A motion was made by Councilmember Reid, seconded by Councilmember De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 81938 CMS.pdf City of Oakland Page 33 Printed on 5/1/09",33,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"The following individuals spoke under the Continuation of Open Forum: - Sanjiv Handa - Oscar Wright ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the Council) There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting at 12:30 AM 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) 2 238-2386 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 of Oakland Page 34 Printed on 5/1/09",34,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf OaklandRedevelopmentAgencyAndCityCouncil,2009-04-21,"DRAFT Concurrent Meeting of the Oakland Meeting Minutes April 21, 2009 Redevelopment Agency / City Council City Clerk and Clerk of the Council City of Oakland Page 35 Printed on 5/1/09",35,OaklandRedevelopmentAgencyAndCityCouncil/2009-04-21.pdf