body,date,text,page,path
OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Meeting Minutes
Oakland, California 94612
CITY TOF
LaTonda Simmons, City Clerk
OAKLAND
Concurrent Meeting of the Oakland Redevelopment Agency
/ City Council
Tuesday, November 01, 2011
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 5:55pm
2
Roll Call / ORA & Council
COUNCIL MEMBERS: Desley Brooks, Dist. 6; Jane Brunner, Dist. 1, Ignacio De La
Fuente; Dist. 5; Rebecca Kaplan, At-Large; Pat Kernighan, Dist. 2; Nancy Nadel, Dist. 3;
Libby Schaaf, Dist. 4; Council President Larry Reid, Dist. 7
ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Present: 7 - Vice Mayor Brooks, President Pro Tempore
De La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
There were 6 speakers during Open Forum.
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations from the Mayor, Council
Acknowledgements/Announcements):
Agency/Councilmember Nadel took a point of personal privilege and requested
that the meeting be adjourned in memory of Bob Frey
City of Oakland
Page 1
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
4.1
Subject:
Green Building Council
From:
Community And Economic Development Agency
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Recognizing ZETA And The Entire Project Team Including Bill Malpas; DSA
Architects; Tipping Mar; And Building Sciences Corporation For Their Commitment To
Sustainability And Green Building, And Congratulating Them On Attaining A Platinum Rating
Through The U.S. Green Building Council's Leadership In Energy And Environmental Design
For Homes Program And A GreenPoint Rating Through Build It Green For 610 Lancaster
Street.
11-0061
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83593 CMS.pdf
2) A Resolution Recognizing Mint Condition Homes And The Entire Project Team Including
Mila Zelkha And Jordan Brown For Their Commitment To Sustainability And Green Building,
And Congratulating Them On Attaining A Greenpoint Rating Through Build It Green For The
Property At 4700 Brookdale Avenue
11-0061-2
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
83594 CMS.pdf
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
City of Oakland
Page 2
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
3) A Resolution Recognizing David And Sara Gottfried And The Entire Project Team For
Their Commitment To Sustainability And Green Building, And Congratulating Them On
Attaining A Platinum Rating Through The U.S. Green Building Council's Leadership In Energy
And Environmental Design For Homes Program And A Greenpoint Rating Through Build It
Green For The Gottfried Residence
11-0061-3
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
83595 CMS.pdf
4) A Resolution Recognizing Bridge Housing Corporation And The Entire Project Team
Including David Baker And Partners; JH Fitzmaurice Construction; And PGA Design For Their
Commitment To Sustainability, And Green Building, And Congratulating Them On Attaining
A Greenpoint Rating Through Build It Green For Ironhorse At Central Station
11-0061-4
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
83596 CMS.pdf
City of Oakland
Page 3
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
5) A Resolution Recognizing Mills College And The Entire Project Team Including Hathaway
Dinwiddie Construction; Bohlin Cywinski Jackson; Rutherford & Chekene; Integral Group;
Silverman & Light; Teecom; Charles M. Salter, Incorporated; BKF; Lutsko Associates; Hughes
Associates, Incorporated; Nic Lehoux Photograghy; Pom Resource Group; And DPR
Construction, Incorporated For Their Commitment To Sustainability And Green Building, And
Congratulating Them On Attaining A Gold Rating Through The U.S. Green Building Council's
Leadership In Energy And Environmental Design New Construction Program For The Lorry I.
Lokey Graduate School Of Business
11-0061-5
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
83597 CMS.pdf
6) A Resolution Recognizing Jetton Construction And The Entire Project Team Including
Ingram/Dejesse Associates; Buttrick Wong Architects; Robert Harold; Rebecca Sullivan; And
David Silbert For Their Commitment To Sustainability And Green Building, And
Congratulating Them On Attaining A Greenpoint Rating Through Build It Green For The
Silbert Residence.
11-0061-6
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
83598 CMS.pdf
City of Oakland
Page 4
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
7) A Resolution Recognizing CB Richard Ellis, Inc. And The Entire Project Team Including
Able Engineering Services And Crown Castle Maintenance For Their Commitment To
Sustainability And Green Building, And Congratulating Them On Attaining A Gold Rating
Through The U.S. Green Building Council's Leadership In Energy And Environmental Design
Operations And Maintenance Program For 505 14th Street
11-0061-7
A motion was made by Councilmember Nadel, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
83599 CMS.pdf
5
APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF
October 18, 2011
A motion was made by Councilmember Kernighan, seconded by
Councilmember Brunner, to *Approve as Submitted. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
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):
7. CONSENT CALENDAR (CC) ITEMS:
City of Oakland
Page 5
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
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
11-0111
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83600 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
11-0112
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83601 CMS.pdf
City of Oakland
Page 6
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
7.3-CC
Subject:
Zoning Text Amendments
From:
Community And Economic Development Agency
Recommendation: Adopt An Ordinance, Recommended By The Planning Commission, To:
Adopt Zoning Text Amendments Including Minor Changes To Update Table 4.10.01 Of The
Land Use Regulations Of The Wood Street Zoning District Consistent With The Rest Of The
Oakland Planning Code, And Substantive Changes To 1) Divide Development Area 2 Into 2a
And 2b. Development Area 2a Would Encompass The Pacific Cannery Lofts (PCL) Project
And 2b Would Encompass The ""Icehouse"" Building; 2) Amend Table 4.10.01 To Conditionally
Allow The Following Activities In The Following Development Areas: Development Area 2b -
The ""Icehouse"" Property: A) General Wholesale Sales; B) Research Service; C) Research And
Development; D) General Warehousing Storage And Distribution; And E) Self Mini Storage.
Development Area 5 - The 16th Street Train Station Building: A) Recreational Assembly,
Development Area 9 - The 16th Street Station Plaza: A) Community Assembly; B)
Recreational Assembly; And C) Group Assembly.
11-0059
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
13093 CMS.pdf
City of Oakland
Page 7
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
7.4-CC
Subject:
Two Tier Retirement Amendment
From:
Department Of Human Resources
Recommendation: Adopt An Ordinance Of The City Of Oakland To Approve An Amendment
To The Contract Between The City Of Oakland And The Board Of Administration Of The
California Public Employees' Retirement System (CalPERS) To Provide 1) Section 20475,
Different Level of Benefits, Section 21354.4 (2.5% @ 55 Full Formula) And Section 20037
(Three-Year Final Compensation) Applicable To Local Miscellaneous Members Entering
Membership For The First Time In The Miscellaneous Classification After The Effective Date
Of This Amendment To Contract; 2) Section 20475, Different Level of Benefits, Section
21363.1 (3% @ 55 Full Formula and Section 20037 (Three-Year Final Compensation)
Applicable To Local Safety Members Entering Membership For The First Time In the Safety
Classification After The Effective Date Of This Amendment To Contract; And (3 To Include
Section 20516 (4% Employees Sharing Cost of Additional Benefits) For Second Tier Local Fire
Members
11-0044-1
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
13094 CMS.pdf
7.5-CC
Subject:
CPAB Appointment - Haller-Teixera And Mitchell
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Angela
Haller - Teixeira And Joanne Mitchell As Members Of The Community Policing Advisory
Board
11-0113
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83602 CMS.pdf
City of Oakland
Page 8
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
7.6
-Subject:
Budget Advisory Committee Appointment Nye
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Re Appointment Of Bruce
Nye To The Budget Advisory Committee
11 0123
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 11/15/2011
View Report.pdf
View Report.pdt
7.7
-Subject:
Library Advisory Commission Appointment-Gonzale
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Shanthi
Gonzales As A Member Of The Library Advisory Commission
11 0122
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 11/15/2011
View Report.pdf
83611 CMS.pdf
7.8-CC
Subject:
Settlement Agreement - Dupont
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of Jean-Luc And Jeanne Dupont, In The Amount Of
$18,000.00, As A Result Of Property Damage Sustained Caused By An Obstructed City Sewer
Main. (Public Works Agency)
11-0121
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83603 CMS.pdf
City of Oakland
Page 9
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
7.9-CC
Subject:
Settlement Agreement - Thompson
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Cheryl Thompson V. City Of Oakland, Et Al., Alameda
County Superior Court Case No. RG09462790, City Attorney's File No. 26975, In The Amount
Of Four Hundred Eighty-One Thousand Four Hundred Twenty Dollars And No Cents
($481,420.00). Ms. Thompson's Lawsuit Alleges Employment Discrimination By City Of
Oakland Officials And Employees (City Administrator's Office)
11-0120
A motion was made by Vice Mayor Brooks, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Noes: 2 - President Pro Tempore De La Fuente and
Councilmember Brunner
ORAICouncilmember Ayes: 5 - Vice Mayor Brooks, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83604 CMS.pdf
7.10-CC
Subject:
Settlement Agreement - Amaro And Montoya
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of The Estate Of Jerry A. Amaro III And Geraldine
Montoya V. City Of Oakland, Et Al., United States District Court Case No. C-09-01019 WHA,
City Attorney's File No. 20784, In The Amount Of One Million Seven Hundred Thousand
Dollars ($1,700,000). (Police Department) - Excessive Force/Wrongful Death
11-0119
This Matter was Adopted on the Consent Agenda.
Votes: ORA)Councilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83605 CMS.pdf
7.11
Subject:
Travel Authorization - Phoenix, AZ
From:
Vice Mayor Desley Brooks
Recommendation: Adopt A Resolution Authorizing Vice Mayor Desley Brooks To Travel To
Phoenix, Arizona To Attend The National League Of Cities Congress Of Cities And Exposition
From November 9-12, 2011
11-0114
*Withdrawn with No New Date
View Report.pdf
City of Oakland
Page 10
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
7.12-CC
Subject:
Deputy City Attorney V And Special Counsel MOU
From:
Department Of Human Resources Management
Recommendation: Adopt A Resolution Approving Memorandum Of Understanding Between
The City Of Oakland And The Deputy City Attorney V And Special Counsel Association,
Representing Employees In Representation Unit U41 Covering The Period From July 1, 2011,
Through June 30, 2013
11-0070
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83606 CMS.pdf
Passed The Consent Agenda
A motion was made by Vice Mayor Brooks, seconded by Councilmember
Nadel, including all the preceding items marked as having been adopted on
the Consent Agenda. The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
8
Oral Report of Final Decisions Made During Closed Session & Disclosure of
Non-Confidential closed session discussions
A motion was made by President Pro Tempore De La Fuente, seconded by
Councilmember Schaaf, to *Approve as Submitted the report of the City
Attorney of final decisions made during closed session. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
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:
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened
at 6:36 p.m.
2 individuals spoke on this item.
Agency/Councilmember Schaaf made a motion, seconded by
Agency/Councilmember De La Fuente, to close the Public Hearing, and
hearing no objections, the motion passed by Ayes: Agency/Councilmember:
Brooks, Brunner, De La Fuente, Kernighan, Nadel, Schaaf, and President Reid
- 7, Excused: Kaplan - 1
9.1
Subject:
Planning Commission Appeal - 6045 Shirley Dr.
From:
Community And Economic Development Agency
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution
Denying Appeal # A 11-114 And Upholding The Decision Of The Planning Commission To
Deny Case # DR 10-331 To Attach A 8'-4"" Concealed Antenna/Extension To A 38'-6"" Wooden
Utility Pole Adjacent To 6045 Shirley Drive Given The Project Would Negatively Impact
Significant Views From Primary Living Areas At 6933 Wilton Drive
11-0060
A motion was made by Councilmember Schaaf, seconded by President Pro
Tempore De La Fuente, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Abstained: 1 - Councilmember Nadel
ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORA)Councilmember Ayes: 6 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Schaaf and President of the Council Reid
View Report.pdf
83607 CMS.pdf
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
11
Subject:
Cure And Correct - Port Commission Appointments
From:
Member Of The Public - Sanjiv Handa
Recommendation: Hearing Pursuant To Oakland Municipal Code Section 2.20.270(D) To (A)
Consider Whether To ""Cure And Correct"" An Alleged Violation Of The Sunshine Ordinance
Resulting From Complaints That All Public Speakers Were Not Given An Opportunity To
Speak Before Council Passed A Motion Appointing Victor Uno And Jakada Imani To The Port
Board Of Commissioners At The Council's October 18, 2011 Meeting; And (B) If So, Whether
To Affirm Or Supersede The Challenged Action After First Taking Public Testimony
11-0117
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 11/15/2011
View Report.pd
View Supplemental Report.pdf
12
Subject:
Port Commission Appointments - Uno And Imani
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Victor Uno
And Jakada Imani To The Board Of Port Commissioners
11-0019
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 11/15/2011
View Report.pdf
View Report.pdf
83655 CMS.pdf
City of Oakland
Page 13
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
13
Subject:
Oakland Army Base Demolition And Remediation Contracting
From:
Council President Reid And Vice Mayor Brooks
Recommendation: Adopt An Ordinance Amending Ordinance 12389 C. M. S. To Add Local
And Small Local Business Contracting Requirements To Oakland's Local And Small Local
Business Enterprise Program Specific To The Demolition And Remediation Carried Out At
The Oakland Army Base
11-0045
City of Oakland
Page 14
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
A motion was made by Councilmember Kernighan, seconded by
Councilmember Schaaf, that this matter be Referred to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back
on November 15, 2011 to provide sufficient time to draft and consolidate
the following amendments and elements within the ordinance:
1) Correct the title by striking: ""Adding Oakland Residency Workforce
Requirements for Prime Contractors Bidding on Contracts"" and in its
place add:
""Adding Eligibility Screening Requirements to Be Considered an Oakland
Firm""
2) Adding the following findings to the ordinance;
WHEREAS, the U.S. Supreme Court has ruled that ""local government
should have considerable leeway in analyzing local evils and prescribing
appropriate cures, particularly when government is merely setting
conditions on the expenditure of funds it controls and it is limited in scope
to employees working directly on city public works projects""; and
WHEREAS, in accordance with the leeway granted by the U.S. Supreme
Court and based upon the 17% official unemployment rate, the unofficial
unemployment rate of 25+% and African-American male and Latinos male
unemployment rate upwards to 35% the City Council desires to prescribe
that for purposes of this program that to be eligible to apply for contracts
for the demolition and remediation work at the Oakland Army Base, 33%
of the firm's core workforce must be Oakland residents. This screening
mechanism is necessary and narrowly tailored to bolster the number of
Oaklanders work on city funded construction projects and decrease
Oakland's unemployment and poverty levels. this program is necessary
and narrowly tailored so as not to unduly infringe upon the privileges and
immunities of nonresidents, and
WHEREAS, Oakland LBEs that are qualified to do demolition and
remediation work are underutilized for such work in Oakland; and
WHEREAS, a sheltered market for Army Base demolition and
remediation contracts for Oakland LBEs may increase the number of firms
with primary business offices in Oakland by encouraging firms to move to
Oakland and creating opportunities for the formation of new
Oakland-based firms; and
WHEREAS, Army Base demolition and remediation contracts present a
significant financial opportunity for underutilized LBEs to get work and
thereby bolster Oakland's economy; and
WHEREAS, Army Base demolition and remediation contracts present a
significant opportunity for Oakland LBEs to build capacity and
experience as prime contractors in the demolition and remediation fields,
and will later assist them in gaining additional work in these fields in
Oakland and other jurisdictions, which would significantly bolster
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
Oakland's economy;
3) If less than three bids are received which meet the core workforce
eligibility requirement the contract may be re-bid without the core
requirement
4) ADDING THE FOLLOWING WHEREAS READ INTO RECORD BY
THE CITY ATTORNEY:
WHEREAS, research shows that for every dollar paid by a jurisdiction to
a ""resident"" contract seven dollars are circulated in the jurisdiction's local
economy; and
5) ADDING 4 POINTS ON PAGE 3 AND 4 PONTS ON PAGE 4 OF THE
SUPPLEMENTAL STAFF REPORT FOR THIS ITEM
6)
In addition to the following amendments from the October 11, 2011
Community and Economic Development Committee:
1. Change the language on page 2, Ordinance Sec. 1, part one to read ""all
demolition and remediation contracts shall be awarded through
a
competitive bid process"" (i.e., strike language which referenced sole
source).
2. Amend the 2nd numbered paragraph to strike the phrase ""and their
subcontractors"" from Sec. 2 (i.e., so the policy applies only to Primes).
3. In the same section *also written in the 8th Whereas*, change the word
regarding 33% residents from ""will"" to ""must"" In Section 3 * also in the
7th Whereas*,
4. the Committee clarified this policy is to be applied only to the current
remediation and demolition project, and not to the wider Army Base
efforts. The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kaplan
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
13097 CMS.pdf
Continuation of Open Forum
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-01,"Concurrent Meeting of the Oakland
Meeting Minutes
November 1, 2011
Redevelopment Agency / City
Council
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 Bob Frey and Abram
Pringle at 8:13 p.m.
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