body,date,text,page,path OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"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, October 05, 2010 5:30 PM Oakland City Hall, 3rd Floor 1 Pledge of Allegiance The Concurrent Meeting of the Oakland Redevelopment Agency and City Council was held on the above date. Opening with the Pledge of Allegiance, the meeting was convened at 5:36 p.m. 2 Roll Call / ORA & Council COUNCIL MEMBERS: Patricia Kernighan, Dist. 2; Nancy Nadel, Dist. 3; Jean Quan, Dist. 4; Ignacio De La Fuente, Dist. 5; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Rebecca Kaplan, At-Large, and President Jane Brunner, Dist. 1 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 individuals spoke on this item: - Sanjiv Handa - Simuel Ramey - Kwame Abdul Nitoto 4 ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements): Agency/Councilmember Brooks took a point of personal privilege and requested that the meeting be adjourned in memory of Adele Clegg Agency/Councilmember Quan took a point of personal privilege and requested that the meeting be adjourned in memory of Ervin Silver and Raymond Justice City of Oakland Page 1 Printed on 10/22/10",1,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 4.1 Subject: 2010 United Nations Day From: Councilmember Nadel Recommendation: Adopt A Resolution Declaring October 2010 United Nations Month And October 24th 2010 United Nations Day In The City Of Oakland And Authorizing The City Of Oakland To Serve As An Honorary Sponsor Of The United Nations Anniversary Flag Raising Ceremony 10-0048 A motion was made 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 View Report.pdf 82991 CMS.pdf S-4.2 Subject: National Let's Move Campaign From: Vice Mayor Quan Recommendation: Adopt A Resolution Related To The National Let's Move Campaign 10-0091 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 Ayes: 8 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner Agency/Councilmember Quan made a motion seconded by Agency/Councilmember Kaplan to approve an urgency finding pursuant to Section 2.20.080 E(2) regarding Item s-4.2 that there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action relates to federal or state legislation. View Report.pdf 82992 CMS.pdf City of Oakland Page 2 Printed on 10/22/10",2,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF THE SEPTEMBER 21, 2010 A motion was made by Councilmember De La Fuente, 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 6 MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS (Requests to: Reschedule items from consent to Non-Consent to the next Council Agenda, Speak on Consent Calendar, Register Votes, Change order of Items, Reconsiderations, Pull Items held in Committee): As announced, item 7.10 regarding the Capital Improvements to the Asian Cultrual Center would be rescheduled to the October 19, 2010 as a Consent Calendar item. At the request of Councilmember Kaplan, seconded by Vice Mayor Quan, an item held in the Rules and Legislation Committee of September 30, 2010 was requested to be pulled from that committee and scheduled to the October 19, 2010 Council agenda as a Non-Consent Item. Subject: Expenditure Limit Processes (Spending Cap) From: Councilmembers Kaplan And Quan Recommendation: Discussion And Action Regarding A Procedure To Clarify The Process For Determining When Expenditure Ceilings (Spending Caps) Under The Campaign Finance Reform Act (Oakland Municipal Code Section 3.12.220) Are Lifted 10-0084 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/19/2010 View Report.pdf 7. CONSENT CALENDAR (CC) ITEMS: City of Oakland Page 3 Printed on 10/22/10",3,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 7.1-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 10-0067 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 82993 CMS.pdf 7.2-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 10-0068 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 82994 CMS.pdf 7.3-CC Subject: Uptown Mixed-Income Project From: Community And Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract No. 8046 To Create Three Market-Rate And Three Affordable-Rate Condominiums To Facilitate Private Investment In The Uptown Mixed-Income Project By Low Income Housing Tax Credit Investors 10-0061 This Matter was Adopted as Amended 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 82995 CMS.pdf City of Oakland Page 4 Printed on 10/22/10",4,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 7.4-CC Subject: City Center Project From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Authorizing The City Of Oakland To Enter Into A Thirteenth Amendment To The Disposition And Development Agreement With Oakland T12 LLC, Regarding The City Center Project To Extend The Date To Complete An Office Development On Block T-12 Of The City Center Project By 36 Months Changing It From April 12, 2012 To April 12, 2015, With Two Additional Extension Options Of 12 Months Each 09-1609-1 A motion was made to Approved As Amended On Introduction 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 13037 CMS.pdf 7.5-CC Subject: Downtown Education Complex - Reconstruction From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Conditionally Abandoning A Portion Of A Public Utilities Easement And A Sanitary Sewer Main Adjoining East 11th Street and 3rd Avenue To Facilitate Reconstruction Of The Downtown Education Complex By the Oakland Unified School District 09-1607-1 A motion was made to Approved As Amended On Introduction 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 13038 CMS.pdf 7.6-CC Subject: Public Works Construction Specifications 2009 - Repeal of Ordinance 12780 From: Public Works Agency Recommendation: Adopt An Ordinance Adopting The ""Standard Specifications For Public Works Construction, 2009 Edition"" And Repealing Ordinance No. 12780 C.M.S. And All Resolutions Related Thereto 10-0010 A motion was made to Approved As Amended On Introduction 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 13039 CMS.pdf City of Oakland Page 5 Printed on 10/22/10",5,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 7.7-CC Subject: Jill Horowitz - 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 Jill Horowitz V. City Of Oakland, Alameda County Superior Court Case No. RG09-433992 In The Amount Of $150,000.00 As A Result Of Tripping And Falling On Uneven Pavement In Oakland, California (Public Works Agency) 10-0080 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 82996 CMS.pdf 7.8-CC Subject: Anyika Nkululeko - 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 Anyika Nkululeko, In The Amount Of £$7,627.68, As A Result Of Property Damage Caused By Oakland Fire Department Personnel On August 31, 2009 (Oakland Fire Department) 10-0081 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 82997 CMS.pdf 7.9-CC Subject: Installation Of Mural Farmer Joe's Market From: Vice Mayor Quan Recommendation: Adopt A Resolution Authorizing A Grant Of $10,000 From Councilmember Jean Quan's Pay-Go Funds To Artists Deborah Koppman And Amanda Lockwood For A Mural To Be Installed On Farmer Joe's Market In The Dimond District 10-0075 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 82998 CMS.pdf City of Oakland Page 6 Printed on 10/22/10",6,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 7.10 Subject: Capital Improvements To Asian Cultural Center - Quan Paygo Funds From: Vice Mayor Quan Recommendation: Adopt A Resolution Authorizing A Grant Of $5,003.41 Of Jean Quan's Pay-Go Funds To The Oakland Asian Cultural Center To Be Used For Improvements At The Center 10-0079 Withdrawn and Rescheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/19/2010 View Report.pdf 7.11-CC Subject: Replacement Oak Trees From: Councilmember Patricia Kernighan Recommendation: Adopt A Resolution Authorizing An Allocation Of Up To $350 From Cm Kernighan's District 2 Priority Project Funds To The Public Works Agency For Purchase Of Four Replacement Oak Trees For Mandana Boulevard 10-0006 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 83000 CMS.pdf 7.12-CC Subject: Downtown Education Complex - Reconstruction From: Community And Economic Development Agency Recommendation: Adopt A Resolution Adopting Findings And Setting A Hearing To Receive Supporting Evidence And Public Comments On A Conditional Vacation Of A Portion Of A Public Utility Easement And A Conditional Abandonment Of A Portion Of A Sanitary Sewer Main Adjoining East 11th Street And 3rd Avenue To Facilitate Reconstruction Of The Downtown Education Complex By The Oakland Unified School District 09-1607 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 83001 CMS.pdf City of Oakland Page 7 Printed on 10/22/10",7,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-7.13-CC Subject: Sanitary Sewer Root Foaming From: Community And Economic Development Agency Recommendation: Adopt A Resolution (1) Rejecting All Bids, (2) Waiving Further Competitive Bidding And (3) Approving The Award Of A Negotiated Construction Contract To Root Tamers For The Sanitary Sewer Root Foaming Project (Project No. P188440) In Accord With Specifications For The Project And Contractor's Negotiated Bid Proposal In The Amount Of Three Hundred Twenty-Five Thousand Dollars ($325,000.00) 10-0042 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 83002 CMS.pdf S-7.14-CC Subject: Broadway/MacArthur/San Pablo Redevelopment Plan Change From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Amending The Procedures For The Formation Of The Project Area Committee For The Broadway/Macarthur/San Pablo Redevelopment Project Area To Expand The Membership To Include Representatives Of The Lowell Street/Golden Gate/Gaskill Area, And To Make Other Modifications; And 10-0050 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 83003 CMS.pdf 2) An Agency Resolution Accepting The Preliminary Plan For An Amendment To The Broadway/ Macarthur/ San Pablo Redevelopment Plan Expanding The Project Area To Incorporate The Lowell Street/Golden Gate/Gaskill Area, Authorizing Preparation Of A Redevelopment Plan Amendment, And Authorizing Transmittal Of A Statement Of Preparation Of Plan Amendment To The State, County, And Taxing Entities 10-0050-1 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 View Report.pdf 2010-0107 CMS.pdf City of Oakland Page 8 Printed on 10/22/10",8,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-7.15-CC Subject: Affordable Housing Development - Edes Development From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Authorizing The Sale Of Real Property At 9507 Edes Avenue At A Nominal Price To Habitat For Humanity East Bay And Authorizing A Disposition And Development Agreement For The Development Of Twelve Units Of Affordable Housing On The Property; And 10-0052 This Matter was Approved on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 19, 2010 as a Consent Calendar item. 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 View Report.pdf 2) A Resolution Authorizing Application For And Acceptance And Appropriation Of A $470,000 Grant Under The California Department Of Housing And Community Development Building Growth And Equity In Neighborhoods Program To Assist The 9507 Edes Avenue Development And Authorizing Loans To Purchasers Of Units In The Edes Development 10-0052-1 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 83004 CMS.pdf City of Oakland Page 9 Printed on 10/22/10",9,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-7.16-CC Subject: Martin Luther King Jr. Way/Peralta - Streetscape Design From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To Negotiate And Execute A Contract With Gates + Associates In An Amount Not To Exceed $480,000 To Prepare Streetscape Plans And Design Documents For Martin Luther King Jr. Way Peralta Street In West Oakland 10-0051 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 View Report.pdf 2010-0108 CMS.pdf S-7.17-CC Subject: Vehicle Occupancy Protection And Bicycle Safety Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or His Designee On Behalf Of The City Of Oakland To: 1) Accept And Appropriate Grant Funds In An Amount Not To Exceed Four Hundred Ninety-One Thousand Three Hundred And Five Dollars ($491,305) From The State Of California, Office Of Traffic Safety To The Oakland Police Department For The Fiscal Year 2011 Implementation Of The Vehicle Occupancy Protection And Bicycle Safety Program, And 2) Waive The Competitive Request For Proposal/Qualifications Process For The Purchase Of Services Associated With The Program From The East Bay Community Recovery Project In An Amount Not To Exceed Fifty Thousand Dollars ($50,000), The Oakland Police Activities League In An Amount Not To Exceed Thirty Thousand Dollars ($30,000), And The Alameda County Public Health Department - Community Health Academy, In An Amount Not To Exceed Twenty-Nine Thousand Three Hundred Eighty-Five Dollars ($29,385) 10-0057 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 83005 CMS.pdf City of Oakland Page 10 Printed on 10/22/10",10,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-7.18-CC Subject: 2010-2011 DUI Enforcement And Awareness Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Two Hundred Forty-One Thousand Two Hundred Dollars ($241,200) From The State Of California, Office Of Traffic Safety, For The 2010-2011 DUI Enforcement And Awareness Program To Be Conducted By The Police Department For The Project Term Of October 1, 2010 Through September 30, 2011 10-0058 This Matter was Adopted on the Consent Agenda. 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 View Report.pdf 83006 CMS.pdf S-7.19-CC Subject: Animal Services Division - Funding Donations From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or His Designee, On Behalf Of The City Of Oakland, To Accept Donations In The Amount Of Two Hundred Sixty-Five Thousand Five Hundred And Nine Dollars ($265,509) From The Estate Of Blanche Thomas, And Sixty-Six Thousand Five Hundred Dollars ($66,500) From Maddie's Fund, And Appropriate Said Funds To The Oakland Police Department Animal Services Division To Help Fund Spay And Neuter Programs, Quality Of Life Projects For Animals, And Purchase Supplies/Equipment For The Volunteer Program 10-0059 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 83007 CMS.pdf City of Oakland Page 11 Printed on 10/22/10",11,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-7.20-CC Subject: Negotiation Authorization - Workforce Investment Board Budget From: Office Of The Mayor Recommendation: Adopt A Resolution Accepting And Appropriating $6,050,607 In Fiscal Year 2010-2011 Workforce Investment Act Title 1 Funds Plus An Additional $1,093,462 In Federal And State Workforce Development Grant Funds, Allocating Such Funds In Accordance With The Oakland Workforce Investment Board Approved 2010-2011 Budget, And Authorizing The City Administrator To Enter Into Contracts With Workforce Development Service Providers Through A Competitive Procurement Process Without Returning To Council [TITLE CHANGE] 10-0017 A motion was made that this matter be Adopted as Amended to revise the 2nd to the last ""Resolved"" in the resolution to read: "" RESOLVED: That each contract for workforce development activities funded with Fiscal Year 2010-2011 WIA Title I funds shall have written performance benchmarks consistent with WIA regulations, and that the Cty shall expressly terminate the contract of any service provider that materially fails to meet 50 - 75% of contract performance benchmarks and reallocate such funds to other providers that meet their benchmarks, and be it further. The motion carried by the following vote: Votes: ORAICouncilmember Noes: 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 View Report.pdf View Report.pdf View Supplemental Report.pdf View Report.pdf 83008 CMS.pdt Passed The Consent Agenda A motion was made, 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 City of Oakland Page 12 Printed on 10/22/10",12,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 8 Oral Report of Final Decisions Made During Closed Session & Disclosure of Non-Confidential closed session discussions A motion was made by Councilmember De La Fuente, seconded by Councilmember Brooks, to *Approve as Submitted the report of the City Attorney's office of 1 final decision made during Closed Session, with Council's approval of the Settlement of Nicole White and Patricia Wilson V. the City of Oakland for allegations of excessive force in serving a warrant. 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 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA: 9. CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS: Upon the reading of Item 9. lby the City Clerk, the Public Hearing was opened at 6:42 p.m. 9.1 Subject: West Oakland Redevelopment Plan Eminent Domain Property Acquisition From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Approving And Recommending Adoption Of A First Amendment To The West Oakland Redevelopment Plan To Modify The Authority Of The Agency To Acquire Property In The Clawson/McClymonds/Bunche Subarea Through Eminent Domain; And 09-1628 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 View Report.pdf View Report.pdf 2010-0109 CMS.pdf City of Oakland Page 13 Printed on 10/22/10",13,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 2) An Ordinance Adopting The First Amendment To The West Oakland Redevelopment Plan To Modify The Authority Of The Agency To Acquire Property In The Clawson/McClymonds/Bunche Subarea Through Eminent Domain 09-1628-1 A motion was made by Councilmember Nadel, seconded by Councilmember De La Fuente, to Approved As Amended On Introduction to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 19, 2010 to limit the a 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.pdt Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 8:36 p.m. 9.2 Subject: Regulations On Laundromats From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Alternative Ordinances: 1) An Ordinance Adopting Various Planning Code Text Amendments To Regulate Laundromats. In Addition, To Improve Consistency Among Chapters, Chapters 17.58, 17.73, 17.86, And 17.98 Are Being Revised To Add ""Other Zoning Provisions,"" These Amendments Also Contain Regulations Not Related To Laundromats.(TITLE CHANGE); OR 09-1606 Not Approved View Report.pdt View Reports.pdf View Report.pdf City of Oakland Page 14 Printed on 10/22/10",14,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council 2) An Ordinance Adopting Various Planning Code Text Amendments To Regulate Laundromats Including A Conditional Use Permit Requirement. In Addition, To Improve Consistency Among Chapters, Chapters 17.58, 17.73, 17.86, And 17.98 Are Being Revised To Add ""Other Zoning Provisions,"" These Amendments Also Contain Regulations Not Related To Laundromats, OR 09-1606-2 A motion was made by Councilmember De La Fuente, seconded by Councilmember Brooks, to Approved as Amended on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 19, 2010 to use a Minor Conditional Use permit instead of a Major Conditional Use permit and direct staff to examine the issues associated with existing laundromats and return to Council in the future. The motion carried by the following vote: Votes: ORAICouncilmember Noes: 2 - Councilmember Kaplan and Councilmember Kernighan ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember De La Fuente, Councilmember Nadel, Councilmember Quan, Councilmember Reid and President of the Council Brunner View Report.pdf View Supplemental Report.pdf 3) An Ordinance Adopting Various Planning Code Text Amendments As A Clean-Up Item From Other Zoning Amendments, Sections 17.58, 17.73, 17.86, and 17.98 Are Herby Revised To Add ""Other Zoning Provisions"" 09-1606-1 Not Approved ACTION ON OTHER NON-CONSENT CALENDAR ITEMS: 10 Subject: Medical Marijuana Cultivation Facility From: Office Of The City Administrator Recommendation: Action On A Report Regarding Proposed Request For Permit Applications (RFPA) To Operate A Medical Cannabis Cultivation Facility Pursuant To Oakland Municipal Code Chapter 5.81 10-0044 Deferred to *Public Safety Committee on 10/26/2010 View Report.pdf View Report.pdf View Report.pdf View Report.pdf City of Oakland Page 15 Printed on 10/22/10",15,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-10.1 Subject: Feasibility Determination for the Ninth Avenue Terminal From: Community and Economic Development Committee Agenda Recommendation: Report and Consideration of Alternative Actions on Ninth Avenue Partners' Proposal and Possible Adoption of a Resolution to Not Accept Ninth Avenue Terminal Partners' Proposal for Reuse of the Ninth Avenue Terminal 09-1629 No Action was taken on this item. View Report.pdf 11 Subject: Improving Language Access To City Services From: Office Of The City Adminstrator/ Equal Access Recommendation: Receive A Status Report On The Implementation Of The Equal Access To Services Ordinance 09-1526 A motion was made by Councilmember De La Fuente, seconded by Councilmember Kernighan, 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 View Report.pdf View Supplemental Report.pdf 12 Subject: Action Taken By Mayor During Council Recess 2010 From: Office Of The City Administrator Recommendation: Adopt A Resolution Ratifying Action Taken By The Mayor During The Oakland City Council 2010 Annual Recess In Conformance With Resolution No. 82580 C.M.S., Dated March 10, 2010 10-0070 A motion was made by Councilmember Reid, 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 83009 CMS.pdf City of Oakland Page 16 Printed on 10/22/10",16,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council S-13 Subject: 2009-10 Fourth Quarter R & E Results & Year-End Projections From: The Budget Office Recommendation: Receive A Report On Fiscal Year 2009 - 2010 Fourth Quarter Revenue And Expenditure Results And Year-End Projections For Four Selected Funds - General Purpose Fund (1010), Landscape And Lighting Assessment District Fund (2310), Equipment Fund (4100) And City Facilities Fund (4400); Overtime Analysis For The General Purpose Fund (1010) And All Funds 10-0049 A motion was made by Councilmember Reid, seconded by Councilmember Brooks, 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 View Report.pdf View Supplemental Report.pdf Continuation of Open Forum ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 12:00 a.m., unless extended by Majority Vote of the Council) There being no further business, and upon the motion duly made, the Agency/Council adjourned the meeting in memory of Adele Clegg, Ervin Silver, Raymond Justice, Nathanial Boyd Brown at 12:05 a.m. Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-3226 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 839-6451 TTD MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM 8:30AM TO 5:00PM City of Oakland Page 17 Printed on 10/22/10",17,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-10-05,"Concurrent Meeting of the Oakland Meeting Minutes October 5, 2010 Redevelopment Agency / City Council City Clerk and Clerk of the Council City of Oakland Page 18 Printed on 10/22/10",18,OaklandRedevelopmentAgencyAndCityCouncil/2010-10-05.pdf