body,date,text,page,path OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"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 fit are 150 2/2018 Special 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, November 09, 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 5:43 pm. 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 Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 3 Open Forum / Citizens Comments (Time Available: 15 minutes) There were two speakers during open forum. 4 ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements): 4.1 Subject: Oakland Municipal Academy From: Councilmember Kernighan Recommendation: Adopt A Resolution Recognizing The First Graduating Class Of The City Of Oakland's Oakland Municipal Academy 10-0128 A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83035 CMS.pdf City of Oakland Page 1 Printed on 1/7/11",1,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council S-4.2 Subject: Lincoln Elementary - Commendation From: Office of Councilmember Kernighan Recommendation: Adopt A Resolution Commending Lincoln Elementary School For Its Selection As A 2010 National Blue Ribbon School Award Honoree By the United States Department Of Education 10-0198 A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83036 CMS.pdf 5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF THE OCTOBER 19, 2010 *Approve as Submitted 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): At the request of the Mayor's office item 7.22 was withdrawn from the consent calendar. 7. CONSENT CALENDAR (CC) ITEMS: 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 10-0151 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83037 CMS.pdf City of Oakland Page 2 Printed on 1/7/11",2,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 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 10-0150 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83038 CMS.pdf 7.3-CC Subject: Jose Buenrostro, Sr., Et Al. V. City Of Oakland, Et Al., From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Jose Buenrostro, Sr., Et Al. V. City Of Oakland, Et Al., United States District Court Case No. 009-00786-JSW, City Attorney's File No. 26782, In The Amount Of Five Hundred Thousand Dollars And No Cents ($500,000.00) As A Result Of A Civil Right Action Alleging Wrongful Death Action (Oakland Police Department) 10-0152 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf 83039 CMS.pdf 7.4-CC Subject: Maria Avelar V. City Of Oakland, From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Maria Avelar V. City Of Oakland, Alameda County Superior Court Case No. RG08-414228, In The Amount Of $15,000.00 As A Result Of An Alleged Dangerous Condition Of Public Property In The Street At 15th Avenue And East 21st Street July 4, 2007 (Public Works Agency) 10-0153 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83040 CMS.pdf City of Oakland Page 3 Printed on 1/7/11",3,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.5-CC Subject: Annual Assessment - Rockridge Improvement District From: Community And Economic Development Agency Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2011-2012 For The Rockridge Business Improvement District, Approving The Annual Report Of The Rockridge Business Improvement District Advisory Board, And Scheduling A Public Hearing For December 7, 2010 10-0110 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83041 CMS.pdf 7.6-CC Subject: Annual Assessment - Montclair Business Improvement District From: Community And Economic Development Agency Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2011-2012 For The Montclair Business Improvement District, Approving The Annual Report Of The Montclair Business Improvement District Advisory Board, And Scheduling A Public Hearing For December 7, 2010 10-0111 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Reportt.pdf 83042 CMS.pdf 7.7-CC Subject: Exclusive Negotiating Agreement Deposit - Sunfield Development From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Amending Resolution No. 2010-0093 C.M.S. To Reduce The Exclusive Negotiating Agreement Deposit Requirements With Sunfield Development, LLC From $50,000 To $25,000 For The Foothill And Seminary Development Opportunity Site 10-0140 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 2010-0112 CMS.pd City of Oakland Page 4 Printed on 1/7/11",4,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.8-CC Subject: Temporary Construction Easements - 42nd/High Improvement Project From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Authorizing The City Administrator Or His Designee To Acquire Property Rights, Including Fee Interests, Permanent Easements, And Temporary Construction Easements, For Ten Parcels For The 42nd Avenue And High Street Access Improvement Project Without Returning To Council 10-0053 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 13044 CMS.pdf 7.9-CC Subject: Chabot/OUSD Conditional Assignment Agreement From: Community and Economic Development Agency Recommendation: Adopt A City Ordinance Authorizing The City Administrator To Negotiate And Execute A Conditional Assignment Agreement With The Chabot Space And Science Center (""Chabot"") And The Oakland Unified School District (The ""District"") To: (1) Subordinate The City's Right To Assume The Ground Lease For The Property; And (2) Consent To A Restructuring Of The District's Loan To Chabot 10-0060 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 13045 CMS.pdt 7.10-CC Subject: California Model Housing Code Amendments From: Community And Economic Development Agency Recommendation:Adopt An Ordinance Adopting Local Amendments To The 2010 Edition Of The California Housing Law, California Code Of Regulations (CCR), Title 25, Division 1, Chapter 1, Subchapter 1, Division 32, And Amending Oakland Municipal Code Chapter 15.08 09-1654 A motion was made to DO NOT USE - Approved as Amended on Introduction for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Supplemental Report.pdf 13046 CMS.pdf City of Oakland Page 5 Printed on 1/7/11",5,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.11-CC Subject: California Model Building Codes - Amendments From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Adopting Local Amendments To The 2010 Editions Of The California Model Building Codes, California Code Of Regulations (CCR), Title 24, Part 2 (Building), Part 2.5 (Residential), Part 3 (Electrical), 4 (Mechanical), And 5 (Plumbing), Part 6 (Energy), And Part 11 (Green Building), And Amending Oakland Municipal Code Chapter 15.04 09-1655 A motion was made to DO NOT USE - Approved as Amended on Introduction for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf View Supplemental Report.pdf 13047 CMS.pdf 7.12-CC Subject: Medical Cannabis Cultivation Permit Fee From: Councilmembers Kaplan and Reid Recommendation: Adopt An Ordinance Amending The Master Fee Schedule (Ordinance Number 9336, As Amended) To Establish A Medical Cannabis Cultivation Permit Application Fee Of $5,000 And An Annual Medical Regulatory Fee Of $211,000 For Permitted Medical Cannabis Cultivation Facilities 10-0064 A motion was made to Approved As Amended On Introduction on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf View Supplemental Report.pdf 13048 CMS.pdf City of Oakland Page 6 Printed on 1/7/11",6,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.13-CC Subject: Rent Relief To Oakland Golf LLC From: Office Of Parks And Recreation Recommendation: Adopt A Resolution To Approve Fifty Percent (50%) Of The Minimum Rent Relief To Oakland Golf LLC For The Operation Of The Metropolitan Golf Links During Fiscal Year July 1, 2010 Through June 30, 2011 In The Amount Of $138,103 As Authorized In The First Sublease And Operating Agreement Approved By Resolution No. 81274 C.M.S. On May 6, 2008 10-0045 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf 83043 CMS.pdf 7.14 Subject: 319 Chester Street - Sale Of Property DDA From: Community and Economic Development Agency Recommendation: Adopt An Ordinance Authorizing A Disposition And Development Agreement With The Alliance For West Oakland Development For The Sale At No Cost, And Development Of Affordable Housing On, One City-Owned Parcel At 319 Chester Street 10-0096 View Report.pdf View Supplemental Report.pdf 7.15-CC Subject: Rehabilitate And Stabilize Wallace Street Properties From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Amending Resolution No. 2008-0087 C.M.S.To Rescind A Contribution Of Central City East Redevelopment Funds In The Amount Of $500,000 To The City Of Oakland Under The Cooperation Agreement For Engineering And Slope Stabilization Work At 2621, 2631, And 2633 Wallace Street; And Reallocating Such Funds To A Grant To The Adjoining Property Owners, James G. Gong And Ying S. Gong, In An Amount Not To Exceed $500,000 Under An Owner Participation Agreement To Perform Such Work; And 10-0106 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 2010-0113 CMS.pdf City of Oakland Page 7 Printed on 1/7/11",7,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 2) A Resolution Amending Resolution Number 81550 C.M.S. To Return A Contribution Of Remaining Redevelopment Funds In The Amount Of $500,000 For Engineering And Slope Stabilization Of Properties Located At 2621, 2631, And 2633 Wallace Street 10-0106-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 83044 CMS.pdf 7.16-CC Subject: East Bay Task Force On Human Trafficking From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Grant Funding In The Amount Not To Exceed One Hundred Thousand Dollars ($100,000) From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Fiscal Year 2010 Law Enforcement Response To Human Trafficking Grant Program For Continued Implementation And Operation Of The East Bay Task Force On Human Trafficking In The Police Department 10-0112 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83045 CMS.pdf 7.17-CC Subject: Parking Access & Control Systems - Lease Agreement From: Finance And Management Agency Recommendation: Adopt A Resolution Awarding A Lease Financing To Chase Equipment Finance, Inc. In An Amount Not-To-Exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) To Acquire Parking Access And Control Systems And Authorizing The Execution And Delivery Of A Lease Purchase Agreement, Escrow Agreement And Related Documents 10-0170 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83046 CMS.pdf City of Oakland Page 8 Printed on 1/7/11",8,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.18-CC Subjec: Wildfire Prevention Assessment- District 1 Appointment From: Council President Brunner Recommendation: Adopt A Resolution Appointing David Kessler As The District 1 Representative To The Wildfire Prevention Assessment District (WPAD) Advisory Board For The Seat Previously Held By Robert Sieben, For The Term Beginning April 30, 2009 To May 1, 2011 10-0173 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Supplemental.pd 83047 CMS.pdf 7.19-CC Subject: Chabot Space And Science Center - Board Apppointment From: Council President Brunner Recommendation: Adopt A Resolution Appointing Marisol Lopez As A Member Of The Chabot Space And Science Center Board Of Directors For The Term Beginning January 1, 2011 And Ending December 31, 2014 10-0069 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Letter.pdf 83048 CMS.pdf City of Oakland Page 9 Printed on 1/7/11",9,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.20-CC Subject: Wildfire Prevention Assessment District Appointment From: Office Of Council President Brunner Recommendation: Adopt A Resolution Appointing Dr. Robert Sieben As A District 1 Representative On The Wildfire Prevention Assessment District For The Seat Previously Held By Barry Pilger, For The Term Beginning July 1, 2010 And Ending June 30, 2014 10-0174 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf View Supplemental.pdf View Supplemental Report.pdf View Report.pdf 83049 CMS.pdf 7.21-CC Subject: Violence Prevention And Public Safety Oversight Committee From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Brandon Sturdivant And Nyeisha Dewitt As Members Of The Violence Prevention And Public Safety Oversight Committee 10-0175 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83050 CMS.pdf 7.22 Subject: Community Policing Review Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Victor Littles And Sarah Lynne Cohen As Members Of The Citizen's Police Review Board 10-0178 View Report.pdf City of Oakland Page 10 Printed on 1/7/11",10,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.23-CC Subject: Housing, Residential Rent And Relocation Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Craig Castellanet And Gregory Minor As Members Of The Housing, Residential Rent And Relocation Board 10-0179 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83051 CMS.pdf 7.24-CC Subject: Budget Advisory Committee Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Nicolas C. Heidorn As A Member Of The Budget Advisory Committee 10-0180 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83052 CMS.pdf 7.25-CC Subject: Public Ethics Commission Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Amy V. Dunning As A Member Of The Public Ethics Commission 10-0181 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83053 CMS.pdf City of Oakland Page 11 Printed on 1/7/11",11,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.26 CC -Subject: Business Tax Board Of Review Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointments of David Jones, Sabrina Jones, Charles R. 'Chip"" Conradi, And Sabrina Landreth As Members Of The Business Tax Board Of Review 10 0182 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 7.27-CC Subject: Wildfire Prevention Assessment District Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Dinah Benson And Reappointing Delores McDonough As Members Of The Wildfire Prevention And Assessment District Advisory Board 10-0183 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83054 CMS.pdf 7.28-CC Subject: Oakland Housing Authority Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Janny Castillo And Adhi Nagraj And The Reappointment Of Moses Mayne Jr. As Members Of The Oakland Housing Authority Board Of Commissioners 10-0184 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83055 CMS.pdf City of Oakland Page 12 Printed on 1/7/11",12,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 7.29 CC -Subject: Head Start Advisory Panel Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Robert Beggs And Dr. Linda Perez As Members Of The Head Start Advisory Panel 10 0185 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf S-7.30-CC Subject: Travel Authorization From: Office of Councilmember Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Denver, Colorado To Attend The National League Of Cities' Congress Of Cities And Exposition From November 30, 2010 To December 4, 2010 10-0200 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83056 CMS.pdf S-7.31-CC Subject: Rate Increase - California State University System From: Councilmember Reid Recommendation: Adopt A Resolution Opposing The Proposed 15% Rate Increase For The California State University System 10-0191 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Repiort.pdf 83057 CMS.pdf City of Oakland Page 13 Printed on 1/7/11",13,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council S-7.32-CC Subject: Travel Authorization From: Office Of Council President Brunner Recommendation: Adopt A Resolution Authorizing Council President Jane Brunner To Travel To Baltimore, MD And Washington D.C. For The Young Elected Officials Policy Academy On Foreclosure & Neighborhood Stabilization On December 2 & 3, 2010 10-0201 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 83058 CMS.pdf Passed The Consent Agenda A motion was made by Vice Mayor De La Fuente, seconded by Pro-Tem Reid, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 8 Oral Report of Final Decisions Made During Closed Session & Disclosure of Non-Confidential closed session discussions A motion was made by Vice Mayor De La Fuente, seconded by Pro-Tem Reid, to *Approve as Submitted the report of the City Attorney of no final decisiosn and non-confidential discussion in Closed Session. The motion carried by the following vote: Votes: ORACouncilmember Ayes: 8 - Councilmember Kaplan, Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 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 9.1 by the City Clerk, the Public Hearing was opened at 6.58 p.m. City of Oakland Page 14 Printed on 1/7/11",14,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 9.1 Subject Tall Monopole Wireless Telecommunications Facility - Appeal From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying Appeal No. A10223 And Upholding The Decision Of The Planning Commission To Deny Case No. CM10131 For A 41'-5""-Tall Monopole Wireless Telecommunications Facility In The Open Space Zone Section Of Public Right-Of-Way On Skyline Blvd. North Of The Roberts Park Street Entrance 10-0062 A motion was made by Vice Mayor De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted and directing staff to return with a rental policy. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Kaplan ORAICouncilmember Ayes: 7 - Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 2 individual spoke during the public hearing. Agency/Councilmember De La Fuente made a motion, seconded by Agency/Councilmember Brooks, 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 View Report.pdf 83059 CMS.pdf Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 7:04 p.m. City of Oakland Page 15 Printed on 1/7/11",15,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 9.2 Subject: Wireless Telecommunications Facility - Skyline Blvd. From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying Appeal No. A10224 And Upholding The Decision Of The Planning Commission To Deny Case No. CM10140 For A 36'-4""-Tall Monopole Wireless Telecommunications Facility In The Open Space Zone Section Of Public Right-Of-Way On Skyline Blvd. North Of The Chabot Space And Science Center Street Entrance 10-0063 A motion was made by Vice Mayor De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Kaplan ORAICouncilmember Ayes: 7 - Councilmember Brooks, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 2 individual spoke during the public hearing. Agency/Councilmember De La Fuente made a motion, seconded by Agency/Councilmember Brooks, 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 View Report.pdf 83060 CMS.pdf 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 A motion was made by Vice Mayor De La Fuente, seconded by Councilmember Kaplan, that this matter be Approved as Amended to the application to require the collection of business taxes since the inception of the business be paid at the time of application for a new permit, with approval of Option B. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf View Report.pdf View Report.pdf View Supplemental.pd City of Oakland Page 16 Printed on 1/7/11",16,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 11 Subject: Medical Cannabis Dispensaries From: Councilmembers Reid And Kaplan Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 5.80 ""Medical Cannabis Dispensary Permits"" To Increase The Total Number Of Dispensary Permits From Four (4) To Eight (8), And Increase Fees, Delete And Move Section 5.80.90 ""Performance Standards"" To City Administrator Guidelines, And Add Appeal Timeline 09-1619 A motion was made by Vice Mayor De La Fuente, seconded by Pro-Tem Reid, to Approved As Amended On Introduction to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on December 7, 2010 to correct the numbering of section 5.80.090 to read 5.80.100 and directing staff to return to council for the approval of Section C. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORACouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Report.pdf View Report.pdf View Report.pdf 13049 CMS.pdf 12 Subject: Implementation Of The Municipal Identification Card From: Offices Of The City Clerk, Councilmembers Quan And De La Fuente Recommendations: Action On A Report And Recommendations Regarding The Responses To The RFQ To Implement A Program To Issue A Municipal Identification Card With Additional Financial And City Systems Card Services Components 10-0094 A motion was made by Vice Mayor De La Fuente, seconded by Councilmember Quan, that this matter be Approved. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente There were 41 speakers on the item. View Report.pdf View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Report.pdf City of Oakland Page 17 Printed on 1/7/11",17,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 13 Subject: Central City East Homeownership Rehabilitation Program From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Amending Resolution No. 2006-0036 C.M.S. To Modify The Central City East Homeownership Rehabilitation Program (CCEHRP) To Include Interior And Structural Repairs And Increase The Maximum Loan Amount From $75,000 To $150,000, And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency; 10-0097 A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf View Supplemental.pdt 2010-0114 CMS.pdf 2) An Agency Resolution Adopting The West Oakland Vacant Housing Acquisition/ Rehabilitation/New Construction Program, And Allocating $735,000 For The Program From Fiscal Year 2010-2011 Low And Moderate Income Housing Funds And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency; 10-0097-1 A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 2010-0115 CMS.pdf 3) An Agency Resolution Adopting The West Oakland Automatic Gas Shut-Off Valve Program, And Allocating $210,000 For The Program From Fiscal Year 2010-2011 Low And Moderate Income Housing Funds And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency; And 10-0097-2 A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente 2010-0116 CMS.pdf City of Oakland Page 18 Printed on 1/7/11",18,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council 4) An Agency Resolution Adopting The West Oakland Owner Rehabilitation Program, And Allocating $1,939,000 For The Program From Fiscal Year 2010-2011 Low And Moderate Income Housing Funds And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency 10-0097-3 A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 2010-0117 CMS.pdf 14 Subject: Rehabilitation of 8603 and 8701 Hillside Street From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation Agreement With Alvernaz Partners, LLC, For The Rehabilitation Of 8603 And 8701 Hillside Street In The Central City East Redevelopment Project Area, Including Agency Funding In An Amount Not To Exceed $275,000.00, And Rescinding Agency Resolution No. 2009-0091 C.M.S. Authorizing Previous Funding For The Project 10-0105 A motion was made that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Absent: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - Councilmember Kaplan, Council President Brunner, Councilmember Kernighan, Councilmember Nadel, Councilmember Quan, Pro-Tem Reid and Vice Mayor De La Fuente View Report.pdf 2010-0118 CMS.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 Edward Joseph Tucker at 9:14p.m. City of Oakland Page 19 Printed on 1/7/11",19,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf OaklandRedevelopmentAgencyAndCityCouncil,2010-11-09,"*Special Concurrent Meeting of the Meeting Minutes November 9, 2010 Oakland Redevelopment Agency/City Council Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-3226 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 839-6451 TTD 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. 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 Clerk and Clerk of the Council City of Oakland Page 20 Printed on 1/7/11",20,OaklandRedevelopmentAgencyAndCityCouncil/2010-11-09.pdf