body,date,text,page,path
OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"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 15, 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 6:17 pm
2
Roll Call / ORA & Council
COUNCIL MEMBERS:
ORAICouncilmember Present: 8 - Vice Mayor Brooks, President Pro Tempore
De La Fuente, Councilmember Brunner, Councilmember Kaplan,
Councilmember Kernighan, Councilmember Nadel, Councilmember Schaaf and
President of the Council Reid
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
There were 11 speakers during Open Forum.
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations from the Mayor, Council
Acknowledgements/Announcements):
Agency/Councilmember Reid took a point of personal privilege and requested
that the meeting be adjourned in memory of Edward Gibson
Agency/Councilmember Brooks took a point of personal privilege and
requested that the meeting be adjourned in memory of Luis Garibai
City of Oakland
Page 1
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
4.1
Subject:
Restorative Justice Day And Week
From:
Councilmember Nadel
Recommendation: Adopt A Resolution Declaring The Week Of November 14, 2011
Restorative Justice Week And November 15, 2011 Restorative Justice Day In The City Of
Oakland And Recognizing The Work Of Restorative Justice Leaders And Practitioners
Throughout The City Of Oakland
11-0125
A motion was made by Councilmember Nadel, seconded by
Councilmember Schaaf, that this matter be Adopted. The motion carried
by the following vote:
Votes:
ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83608 CMS.pdf
5
APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF
November 1, 2011.
NO ACTION WAS NECESSARY OR THIS ITEM.
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):
Item 12 and item 17 will be withdrawn and rescheduled to the December 6,
2011 City Council agenda
7. CONSENT CALENDAR (CC) ITEMS:
7.1-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
11-0128
This Matter was Adopted on the Consent Agenda.
Votes: ORA)Councilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83609 CMS.pdt
City of Oakland
Page 2
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
7.2-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 Human Immunodeficiency Virus (""HIV"")/Acquired Immunodeficiency
Syndrome (""AIDS"") Epidemic
11-0127
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83610 CMS.pdf
7.3-CC
Subject:
Library Advisory Commission Appointment - Gonzales
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
This Matter was Adopted on the Consent Agenda.
Votes:
ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83611 CMS.pdf
7.4
Subject:
Budget Advisory Committee Appointment-Nye
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Ro Appointment Of Bruce
Nye To The Budget Advisory Committee
11 0123
View Report.pdf
View Report.pdf
City of Oakland
Page 3
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
7.5-CC
Subject:
University Of Michigan Proposal 2 - Amicus Brief
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing The City Attorney, On Behalf Of The City
Of Oakland, To Join In An Amicus (Friend Of The Court) Brief In The United States Court Of
Appeals For The Sixth Circuit Case Of Coalition To Defend Affirmative Action, Et Al., V.
Regents Of University Of Michigan (Case Nos. )8-1387/1389/1534/09-111) Asking The Court
To Affirm The Decision Of A Three-Judge Panel Invalidating Michigan's Proposal 2, Which
Liked California's Proposition 209 Prohibits Consideration Of Race Or Gender In Public
Employment, Education And Contracting
11-0132
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83612 CMS.pdf
7.6-CC
Subject:
Settlement Agreement - Wadley And Schultz
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Renee E. Wadley V. Kevin Schultz, Et Al., Alameda
County Superior Court Case No. RG10529060, City Attorney's File No. 27605, In The Amount
Of Fifty-Five Thousand Dollars ($55,000.00). (PWA - Trip & Fall)
11-0130
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pd
83613 CMS.pdf
City of Oakland
Page 4
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
7.7-CC
Subject:
Settlement Agreement - Dickerson
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Desmond Dickerson V. City Of Oakland, Et Al., United
States District Court No. C-10-00435-JSW, Our File No. 2644, In The Amount Of$22,000.00
(Oakland Police Department - Excessive Force)
11-0131
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83614 CMS.pdf
S-7.8-CC
Subject:
Contract Award - Sanitary Sewers Rehabilitation
From:
Public Works Agency
Recommendation: Adopt A Resolution Awarding A Construction Contract To Pacific
Trenchless, Inc. The Lowest Responsive And Responsible Bidder, For The Rehabilitation Of
Sanitary Sewers In The Easement Between Moore Drive And Aitken Drive, Easement Between
Saroni Drive And Arrowhead Drive, And Easement Between Glencourt Drive And Homewood
Drive (Project No. C329125) In Accord With Plans And Specifications For The Project And
Contractor's Bid In The Amount Of Two Hundred Fifty-three Thousand Six Hundred Four
Dollars ($253,604.00)
11-0100
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pd
83615 CMS.pdf
City of Oakland
Page 5
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
S-7.9-CC
Subject:
Contract Increase - 12th St Reconstruction Project
From:
Public Works Agency
Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal
(""RFP"") Selection Requirement And Authorizing The City Administrator To Amend The
Contract With Rajappan & Meyer Consulting Engineers, Inc. To Add Additional Design And
Engineering Services For The 12th Street Reconstruction Project And To Increase The Contract
From Five Million Eight Hundred Thousand Dollars ($5,800,000.00) To A Total Contract
Amount Not-to- Exceed Six Million Eighty Thousand Dollars ($6,080,000.00)
11-0099
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
View Report.pdf
83616 CMS.pdf
S-7.10-CC
Subject:
Contract Increase - 10th St Bridge Project
From:
Public Works Agency
Recommendation: Adopt A Resolution Waiving The Request For Proposal (""RFP"")
Competitive Selection Requirement And Authorizing The City Administrator To Amend The
Contract With Rajappan & Meyer Consulting Engineers, Inc. To Add Additional Design And
Engineering Services For The 10th Street Bridge Project And To Increase The Contract From
One Million Two Hundred Thousand Dollars ($1,200,000.00) To A Total Contract Amount
Not-to-Exceed One Million Six Hundred Thousand Dollars ($1,600,000.00)
11-0098
This Matter was Adopted on the Consent Agenda.
Votes: ORACouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
View Report.pdf
83617 CMS.pdf
City of Oakland
Page 6
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
S-7.11-CC
Subject:
Contract Award - Sanitary Sewers Rehabilitation
From:
Public Works Agency
Recommendation: Adopt A Resolution Awarding A Construction Contract To B-Side, Inc.
The Lowest Responsive And Responsible Bidder, For The Rehabilitation Of Sanitary Sewers In
The Easement Between Mastland Drive And Ascot Drive (Project No. C329124) In Accord
With Plans And Specifications For The Project And Contractor's Bid In The Amount Of Two
Hundred Thirty-Two Thousand Thirty-Seven Dollars ($232,037.00)
11-0101
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
View Report.pdf
83618 CMS.pdf
S-7.12-CC
Subject:
Revocable And Conditional Permit - 5th And Kirkham
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution Granting Oakland Housing Investors LP A Revocable
And Conditional Permit To Allow Electrical Transformers And Concrete Vaults To Encroach
Under The Public Sidewalk Along 5th Street And Kirkham Street For A New Building Located
At 1396 5th Street
11-0058
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83619 CMS.pdf
S-7.13-CC
Subject:
West Bay Builders Contract Award - Coliseum Way Bridge
From:
Public Works Agency
Recommendation: Adopt A Resolution Awarding A Construction Contract To West Bay
Builders, Inc., The Lowest, Responsive, Responsible Bidder, For The Seismic Retrofit Of
Coliseum Way Bridge (Project No. C346810), In Accord With The Project Plans And
Specifications And The Contractor's Bid In The Amount Of Two Million Four Hundred Forty
Nine Thousand Three Hundred Sixty-Two Dollars And Eighty-Four Cents ($2,449,362.84)
11-0056
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83620 CMS.pdf
City of Oakland
Page 7
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
S-7.14-CC
Subject:
Phoenix Electric Contract Award - Lakeshore/Lake Park Avenue
From:
Public Works Agency
Recommendation: Adopt A Resolution Awarding A Construction Contract To Phoenix
Electric, The Lowest Responsive And Responsible Bidder, For The Construction Of The
Lakeshore/Lake Park Avenue Complete Streets Project (Project Nos. C390010, C390030,
C242315) In Accord With The Project Plans And Specifications And The Contractor's Bid In
The Amount Of Eight Hundred Forty-Six Thousand, Three Hundred And Thirty-Six Dollars
($846,336.00)
11-0043
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83621 CMS.pdf
S-7.15-CC
Subject:
Salary Ordinance Amendments - New FTE
From:
Department Of Human Resource Management
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No.
12187 C.M.S. (""Salary Ordinance"") To Add The Full Time Equivalent Classifications Of
Forensic Technician; Outreach Developer; Treasury Analyst I; And Treasury Analyst II; And
To Change The Title Of Treasury Analyst To Treasury Analyst III And Increase The Salary
Schedule For The Retitled Treasury Analyst III Classification
11-0034
A motion was made that this matter be Approved On Introduction and
Scheduled for Final Passage to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council, to be heard at the December 6, 2011
meeting. The motion carried by the following vote:
Votes: ORAICouncilmember Noes: 1 - Councilmember Brunner
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Kaplan, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
13096 CMS.pdf
City of Oakland
Page 8
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
S-7.16-CC
Subject:
Rockridge BID - Annual Assessment
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For
Fiscal Year 2012/2013 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 6, 2011
11-0091
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83622 CMS.pdf
S-7.17-CC
Subject:
Montclair BID - Annual Assessment
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For
Fiscal Year 2012/2013 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 6, 2011
11-0092
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83623 CMS.pdf
S-7.18-CC
Subject:
Rent Adjustment Program Amendment
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution Approving An Amendment To The Rent Adjustment
Program Regulations Revising Regulation 10.2.2 (3) (Appendix A) Regarding Justifying Rent
Increases For Capital Improvements To Correct Hazardous Or Uninhabitable Conditions
11-0073
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83624 CMS.pdf
City of Oakland
Page 9
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
S-7.19-CC
Subject:
Justice Assistance Grant
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 An Amount Not To Exceed Six
Hundred And Seventy Four Thousand Five Hundred And Ninety Two Dollars ($674,592) From
The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance,
Edward Byrne Memorial Justice Assistance Grant (JAG) Local Program For The Period Of
July 1,2011 Through June 30, 2012 To Supplement Frontline Policing Services, And
Appropriate Said Funds To The Police Department
11-0087
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83625 CMS.pdf
S-7.20-CC
Subject:
Sole-Source Contract - Crossroads Software
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee
To 1) Waive The Advertising And Bidding Requirements And The Request For
Proposal/Qualifications Process And 2) Award A Professional Service Contract To Crossroads
Software, Inc. For The Online Dissemination Of Traffic Collision Reports For The Period
December 1, 2011 Through December 31, 2014 With No More Than Two Discretionary
One-Year Extensions
11-0088
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83626 CMS.pdf
City of Oakland
Page 10
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
S-7.21-CC
Subject:
COPS Hiring Recovery 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 from the U.S. Department of Justice,
Office of Community Oriented Policing Services (USDOJ/COPS) COPS Hiring Recovery
Program (CHRP) To the Oakland Police Department to Fund the Hiring of Twenty-Four (24)
Police Officers
11-0089
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83627 CMS.pdf
Passed The Consent Agenda
A motion was made by Councilmember Kaplan, seconded by Vice Mayor
Brooks, 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 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, 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
*Approve as Submitted
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 7:10 p.m.
2 individuals spoke on this item.
Agency/Councilmember De La Fuente made a motion, seconded by
Agency/Councilmember Schaaf, to close the Public Hearing, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember. Brooks,
Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid
-8
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
9.1
Subject:
Moratorium On Second Hand Dealers
From:
President Pro Tempore De La Fuente
Recommendation: Adopt An Interim Ordinance, Adopted As An Urgency Measure Pursuant To
California Government Code Section 65858, Establishing A Temporary Moratorium On The
Establishment Or Expansion Of Businesses Engaged In And/( Or Conducting Buying, Selling,
And/Or Exchanging Old Gold, Old Silver, Platinum Or Articles Of Platinum, Silverware,
Secondhand Jewelry Or Other Precious Metals Or Stones (Second Hand Jewelry Dealers), To
Take Effect Immediately Upon Adoption
11-0124
A motion was made by President Pro Tempore De La Fuente, seconded by
Councilmember Schaaf, that this matter be Approved for Final Passage.
The motion carried by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
13095 CMS.pdf
Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened
at 7:32 p.m.
No individuals spoke on this item.
Agency/Councilmember Nadel, made a motion, seconded by
Agency/Councilmember Kaplan, to close the Public Hearing, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks,
Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid
-8
9.2
Subject:
West Oakland Redevelopment Project Implementation Plan
From:
Community And Economic Development Agency
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution
Authorizing A One-Year Extension Of The Project Area Committee For The West Oakland
Redevelopment Project To November 18, 2012
11-0084
A motion was made by Councilmember Nadel, seconded by
Councilmember Brunner, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83628 CMS.pdf
City of Oakland
Page 12
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
Upon the reading of Item 9.3 by the City Clerk, the Public Hearing was opened
at 7:35 p.m.
2 individual(s) spoke on this item.
Agency/Councilmember Kaplan made a motion, seconded by
Agency/Councilmember Schaaf, to close the Public Hearing, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks,
Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid
-8
9.3
Subject:
Mills Act Contracts - Trestle Glen And 16th
From:
Community And Economic Development Agency
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution
Approving Two (2) Mills Act Contracts Between The City Of Oakland And The Properties At
850 Trestle Glen Road (Estimated - $1,885/ Property Tax Reduction), And 510 16th Street
(Estimated - $7,838/year Property Tax Reduction), Pursuant To Ordinance No. 12987 C.M.S.,
To Provide These Owners With Property Tax Reductions In Exchange For Their Agreement To
Repair And Maintain Their Historic Property In Accordance With Submitted Work Programs
11-0086
A motion was made by Councilmember Kaplan, seconded by
Councilmember Schaaf, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83629 CMS.pdf
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
Page 13
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 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
A motion was made by Councilmember Schaaf, seconded by
Councilmember Kaplan, that this matter be *Approve as Submitted. The
motion carried by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
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 Meeting of the Oakland City Council on
12/6/2011
View Report.pdf
View Report.p pdf
83655 CMS.pdf
City of Oakland
Page 14
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 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
A motion was made by Vice Mayor Brooks, seconded by Councilmember
Nadel, to Approved As Amended On Introduction and Scheduled for Final
Passage to the Concurrent Meeting of the Oakland Redevelopment Agency
/ City Council, to be heard at the December 6, 2011 meeting in accordance
with the amendments approved November 1, 2011. The motion carried by
the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, 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
14
Subject:
Parameters Of Mayor's Authority - Oaths Of Office
From:
Member Of The Public - Sanjiv Handa
Recommendation: Receive A Report From The City Attorney On The Legal Authority Of The
Mayor To Administer Oaths Of Office And Consideration Of Creating A City Council Policy
On The Parameters Of The Mayor's Exercise Of Any Such Authority
11-0118
No Action Taken
No report was submitted.
View Report.pdf
City of Oakland
Page 15
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15, 2011
Redevelopment Agency / City
Council
S-15
Subject:
Fire Chief Salary Adjustment
From:
Department Of Human Resources Management
Recommendation: Adopt A Resolution In Conformance With The Requirements Of Ordinance
No. 12918 C.M.S. To Authorize The City Administrator To Approve An Initial Salary For The
Position Of Director, Fire Services Agency (Fire Chief) That Exceeds The Mid-Point, And Not
To Exceed The Top Of The Salary Range Of F$211,382 Annually And Temporarily Adjusted To
$194,196 Annually To Reflect An 8.85% Reduction For Fiscal Year 2011-2012
11-0096
A motion was made by Vice Mayor Brooks, seconded by Councilmember
Kaplan, that this matter be Adopted. The motion carried by the following
vote:
Votes: ORAICouncilmember Noes: 3 - President Pro Tempore De La Fuente,
Councilmember Nadel and Councilmember Schaaf
ORAICouncilmember Ayes: 5 - Vice Mayor Brooks, Councilmember Brunner,
Councilmember Kaplan, Councilmember Kernighan and President of the
Council Reid
View Report.pdt
83630 CMS.pdf
S-16
Subject:
2010 Raiders Ticket Surcharge
From:
Office Of Parks And Recreation
Recommendation: Adopt A Resolution Decreasing Estimated Revenue And Offsetting
Expenditures From The 2010 Raiders Ticket Surcharge To Reflect Actual Revenues Collected
And Authorizing A Transfer Of $136,665.54 Which Is The Actual Revenue Collect From The
Non-Departmental Citywide Activities Budget To The Office Of Parks And Recreation Budget
To Benefit Citywide Youth Activities
11-0093
A motion was made by President Pro Tempore De La Fuente, seconded by
Councilmember Nadel, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
View Report.pdf
83631 CMS.pdf
City of Oakland
Page 16
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
S-17
Subject:
Small Local Business Enterprise Program
From:
Department Of Contracting And Purchasing
Recommendation: Discussion And Action On A Report To:
(1) Adopt Changes To The City Of Oakland's Local And Small Local Business Enterprise
(L/SLBE) Program, As Recommended By The Fairness In Purchasing and Contracting
Disparity Study
09-1651-1
*Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 12/6/2011
VIEW REPORT.pdf
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
2) Adopt An Ordinance Amending Ordinance No. 12389 C. M. S., Which Authorized
Oakland's Local And Small Local Business Enterprise (L/SLBE) And Other Social Equity
Policies, Revising The L/SLBE Program To Change Business Size Standards, Local And Small
Local Business Participation Requirements, Establish New Small Business Categories, Add Bid
Discounts And Preference Points And Establish Mandatory And Optional Prequalification
Processes For Oakland Certified Small Local Businesses (Preferred Small Local Business
Program)
09-1651
*Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 12/6/2011
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
View Report.pdf
View Supplemental Report.pdf
View Report.pdf
13101 CMS.pdf
City of Oakland
Page 17
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
S-18
Subject:
Pacific Renaissance Settlement - Payment Timeline Extension
From:
Community And Economic Development Agency
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Amending City Resolution Nos. 80841 And 82505 C.M.S., Which Authorized
Settlement Of The Pacific Renaissance Plaza Lawsuit, To Amend The Affordable Housing
Agreement To Extend The Timeline For Repaying The City's Legal Costs By Five Years, And
Provide For Partial Upfront Payment Of $1,000,000 Towards Repayment Of The City's Legal
Expenses
11-0116
A motion was made by Councilmember Nadel, seconded by
Councilmember Kaplan, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Recused: 1 - Councilmember Brunner
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Kaplan, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
View Report.pdf
83632 CMS.pdf
2) An Agency Resolution Amending Agency Resolution Nos. 2007-71 And 2010-11 C.M.S.,
Which Authorized Settlement Of The Pacific Renaissance Plaza Lawsuit, To Amend The
Affordable Housing Agreement To Extend The Timeline For Repaying The City's Legal Costs
By Five Years, And Provide For Partial Upfront Payment Of $1,000,000 Towards Repayment
Of The City's Legal Expenses
11-0116-1
A motion was made by Councilmember Nadel, seconded by
Councilmember Kaplan, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Recused: 1 - Councilmember Brunner
ORAICouncilmember Ayes: 7 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Kaplan, Councilmember Kernighan,
Councilmember Nadel, Councilmember Schaaf and President of the Council
Reid
2011-0065 CMS.pdf
City of Oakland
Page 18
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
S-19
Subject:
Evaluating Lighting Levels in Crime Hot Spots
From:
Vice Mayor Desley Brooks
Recommendation: Receive A Report From The Public Works Department In Coordination
With The Oakland Police Department Evaluating The Lighting Levels In East And West
Oakland Crime Hot Spots; And Authorization To Increase Lighting In Those Areas Where
Lighting Is Found To Be Lower Than The City's Lighting Standards And/Or Where The Police
Department Deems Additional Lighting Is Warranted
11-0038
A motion was made by Vice Mayor Brooks, seconded by Councilmember
Kaplan, that this matter be *Approve with the following amendments
correcting the subject line to clarify that no changes will be made to the
Dark Skies ""Ordinance"" and accepting the changes from the November 8,
2011 Public Safety Committee accordingly:
to approve the Hot Spot Lighting Program in concept and direct staff to
continue their conversation with the California Energy Commission to
provide an analysis of potential savings from PG&E LED turnkey
program and our current sodium based lighting program which could
provide the monies for repayment and bring all of this information back in
one month along with staff's recommendations for additional locations for
lighting installations and identification of a funding source in December of
2011
The motion carried by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Vice Mayor Brooks, President Pro Tempore De
La Fuente, Councilmember Brunner, Councilmember Kaplan, Councilmember
Kernighan, Councilmember Nadel, Councilmember Schaaf and President of the
Council Reid
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 Edward ""Boo"" Gibson
and Luis Garibai at 8:58 pm
City of Oakland
Page 19
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OaklandRedevelopmentAgencyAndCityCouncil,2011-11-15,"Concurrent Meeting of the Oakland
Meeting Minutes
November 15,2011
Redevelopment Agency / City
Council
Americans With Disabilities Act
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please contact the Office of the City Clerk. When possible, please notify the City Clerk 48
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Office of the City Clerk - Agenda Management Unit
Phone: (510) 238-6406
Fax:
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City Clerk and Clerk of the Council
City of Oakland
Page 20
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