body,date,text,page,path
OaklandCityCouncil,2012-04-03,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Meeting Minutes
Oakland, California 94612
CITYTOF
LaTonda Simmons, City Clerk
OAKLAND
Meeting of the Oakland City Council
Tuesday, April 03, 2012
5:30 PM
City Council Chambers, 3rd Floor
1
Pledge of Allegiance
ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Present: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
The Meeting of the Oakland City Council was held on the above date. Opening
with the Pledge of Allegiance, the meeting was convened at 6:27 pm.
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
There were 7 speakers during open forum
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations from the Mayor, Council
Acknowledgements/Announcements):
Councilmember Kaplan took a point of personal privilege and requested that
the meeting be adjourned in memory of Sonam Chodon, Tshering Rinzing
Bhutia, Lydia Sim, Katheleen Ping, Grace Eunhae Kim, Judity O. Seymore,
Doris Chibuko. Councilmembers Brooks and Council President Reid requested
association with this adjournment.
Councilmember Schaaf took a point of personal privilege and requested that the
meeting be adjourned in memory of William David Brown. Councilmember
Brooks requested association with this adjourment
Councilmember Nadel took a point of personal privilege and requested that the
meeting be adjourned in memory of Khalil Shaheed and Jimmie Burton.
Councilmember Brooks and Schaaf requested associatin with the adjournment
for Khalil Shaheed.
On behalf of Council President Reid, Pro Tem De La Fuente took a point of
personal privilege and requested that the meeting be adjourned in memory of
Joel Kelly, Mark Manning, Lawrence Michael Powell, Elsie Montgomery, and
Florence Blalock Rose.
Councilmember Brooks took a point of personal privilege and requested the
meeting be adjourned in member of Trayvon Martin.
City of Oakland
Page 1
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OaklandCityCouncil,2012-04-03,"Meeting of the Oakland City
Meeting Minutes
April 3, 2012
Council
4.1
Subject:
Marcel Uzegbu Retirement
From:
Council Member Brooks, Council President Reid, and Pro Tem De La Fuente
Recommendation: Adopt A Resolution Acknowledging The Retirement Of Marcel Uzegbu
After Twenty-Six Years Of Dedicated Service To The City Of Oakland
11-0323
Withdrawn and Rescheduled to Meeting of the Oakland City Council on
5/15/2012
View Report.pdf
83830 CMS.pdf
4.2
Subject:
Oakland Vegetarian Week
From:
Vice Mayor Brooks and Councilmember Nadel
Recommendation: Adopt A Resolution Declaring The Week Of April 15-21, 2012, As
""Oakland Veg Week"" In The City Of Oakland
11-0267
A motion was made by Vice Mayor Nadel, seconded by Councilmember
Brooks, that this matter be Adopted. The motion carried by the following
vote:
Votes: ORAICouncilmember Excused: 2 - Councilmember Kernighan and President of
the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
View Report.pdf
83768 CMS.pdf
Councilmember Brooks made a motion seconded by Councilmember Kaplan to
approve the urgency finding on item 4.3 for the following reasons: That there
is
a need to take immediate action which came to the attention of the local body
after the agenda was posted, and that the need to take immediate action relates
to a purely ceremonial or commendatory action.
City of Oakland
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OaklandCityCouncil,2012-04-03,"Meeting of the Oakland City
Meeting Minutes
April 3, 2012
Council
4.3
Subject:
Charles H. Turner Recognition
From:
Council President Reid and Councilmember Brooks
Recommendation: Adopt A Resolution Honoring And Recognizing Charles H. Turner For
Receiving The Workforce Development Professional Of The Year Award From The California
Workforce Association For The Year 2012
11-0362
A motion was made by Councilmember Brooks, seconded by
Councilmember Kaplan, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 2 - Councilmember Kernighan and President of
the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
View Report.pdf
View Report.pdf
83769 CMS.pdf
4.4
Subject:
Oakland Walk Of Fame
From:
Council Member Nancy Nadel
Recommendation: Adopt A Ceremonial Resolution Commending And Recognizing The
""Music They Played On 7th Street, Oakland Walk Of Fame"" As A Permanent Historical Piece
Of 7th Street In The City Of Oakland
11-0328
A motion was made by Vice Mayor Nadel, seconded by President Pro
Tempore De La Fuente, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 2 - Councilmember Kernighan and President of
the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
View Report.pdf
83770 CMS.pdf
City of Oakland
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OaklandCityCouncil,2012-04-03,"Meeting of the Oakland City
Meeting Minutes
April 3, 2012
Council
4.5
-Subject:
Children's Memorial Presentation
From:
Council Prosident Larry Reid
Recommendation: Receive An Informational Report From Gail Steele On The Children's
Memorial
11 0353
A motion was made by Councilmember Brooks, seconded by
Councilmember Schaaf, that this matter be *Received and Filed. The
motion carried by the following vote:
Votes: ORAICouncilmember Excused: 2 - Councilmember Kernighan and President of
the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING HELD March 20, 2012
A motion was made by Councilmember Brunner, seconded by Vice Mayor
Nadel, to *Approve as Submitted. The motion carried by the following
vote:
Votes: ORAICouncilmember Excused: 2 - Councilmember Kernighan and President of
the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
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 City Administrator item 12 regarding the contract to the
Frazier group to be pulled from this evening's agenda and deferred to a future
Council meeting.
At the motion made by Councilmember Brooks, seconded by President Pro Tem
De La Fuente to pull item 7.12 from the consent calendar and deferred to the
next City Council meeting of May 1, 2012.
ALL ITEMS DENOTED WITH A ""S-"" WERE ADDED PURSUANT TO RULE 28A OF
RESOLUTION 82580 C.M.S., COUNCIL'S RULES OF PROCEDURE
7. CONSENT CALENDAR (CC) ITEMS:
City of Oakland
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OaklandCityCouncil,2012-04-03,"Meeting of the Oakland City
Meeting Minutes
April 3, 2012
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 Human Immunodeficiency Virus ""HIV"")/Acquired Immunodeficiency
Syndrome (""AIDS"") Epidemic
11-0350
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
83771 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
11-0351
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
83772 CMS.pdf
7.3-CC
Subject:
Central District Plan
From:
Office Of Neighborhood Investment
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Ordinance, By The City Of Oakland Under Its Own Auspices, Adopting The Seventeenth
Amendment To The Central District Redevelopment Plan, Designated And Adopted As The
""Central District Urban Renewal Plan"" In 1969, To (1) Extend The Time Limits On Plan
Effectiveness And The Receipt Of Tax Increment Revenues By Ten Years, (2) Increase The
Cap On Tax Increment Revenues, (3) Extend The Time Limit For Use Of Eminent Domain
And Restrict Eminent Domain To Nonresidential Properties, (4) Amend Affordable Housing
Provisions, And (5) Make Other Required Changes; And
11-0341
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
13109 CMS.pdf
City of Oakland
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April 3, 2012
Council
2) An Ordinance, By The City Under Its Own Auspices, Adopting The Eighteenth Amendment
To The Central District Redevelopment Plan, Designated And Adopted As The ""Central
District Urban Renewal Plan"" In 1969, To Extend The Time Limits On Plan Effectiveness And
The Receipt Of Tax Increment Revenues By One Year; And
11-0341-1
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
13110 CMS.pdf
7.4-CC
Subject:
Amending Master Fee For Mobile Food Vending Parking Use
From:
Office Of The City Administrator
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance
Amending Ordinance No. 13078 C.M.S., The Master Fee Schedule, As Amended, To Establish
Or Modify Fees Assessed By The Office Of The City Administrator To Establish An Interim
Mobile Food Vending Parking Use Fee For Permits Issued Pursuant To Chapter 5.51
11-0292-1
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORACouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Supplemental Report.pdf
13111 CMS.pdf
7.5-CC
Subject:
Jimmy Williams - Settlement Agreement
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Jimmy Williams V. City Of Oakland, Et Al, United
States District Court No. C-10-05266 WHA, Our File No. 27827, In The Amount Of
$43,000.00 (Oakland Police Department - Excessive Force)
11-0356
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
83773 CMS.pdf
City of Oakland
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OaklandCityCouncil,2012-04-03,"Meeting of the Oakland City
Meeting Minutes
April 3, 2012
Council
7.6-CC
Subject:
Little - Settlement Agreement
From:
Office of the City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Little V. City Of Oakland, Alameda County Superior
Court Case No. RG11554428 In The Amount Of $45,000.00 (Public Works Agency - Bicycle
Accident)
11-0357
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
83774 CMS.pdf
7.7-CC
Subject:
Landmarks Preservation Advisory Board Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointments Of John
Goins III And Valerie Garry As Members Of The Landmarks Preservation Advisory Board
11-0358
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Report.pdf
83775 CMS.pdf
7.8-CC
Subject:
Housing, Residential Rent And Relocation Board Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Edward
Lai, Guillermo Mayer And Benjamin Scott To The Housing, Residential Rent And Relocation
Board
11-0359
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Report.pdf
83776 CMS.pdf
City of Oakland
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Meeting Minutes
April 3, 2012
Council
7.9-CC
Subject:
Citizen's Police Review Board Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Paula
White And Sarah Cohen To The Citizen's Police Review Board
11-0360
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Report.pdf
83777 CMS.pdf
7.10-CC
Subject:
Measure Z Appointment
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Reappointing Dale Gieringer As A Member Of The
Cannibus Regulatory Commission
11-0361
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Supplemental Report.pdf
View Report.pdf
83778 CMS.pdf
7.11-CC
Subject:
Support Of AB 1599 - ""Mortgages And Deeds Of Trust: Foreclosure Languages""
From:
President Pro Tempore De La Fuente
Recommendation: Adopt A Resolution In Support Of Assembly Bill 1599 (Feuer & Fong)
""Mortgages And Deeds Of Trust: Foreclosure Languages"" Which Would Require All
Documents To A Mortgagor Or Trustor Relating To A Delinquency, Default, Loan
Modification, Foreclosure Proceeding, Or Foreclosure Sale Concerning That Mortgage Or
Deed Of Trust To Be Provided In The Primary Language Spoken By The Mortgagor Or
Trustor.""
11-0316
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
83779 CMS.pdf
City of Oakland
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OaklandCityCouncil,2012-04-03,"Meeting of the Oakland City
Meeting Minutes
April 3, 2012
Council
7.12
Subject:
Community Policing Advisory Board
From:
Office Of the Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Jennifer
Pae And John Nichols And Appointment Of Alex Miller-Cole As Members Of The Community
Policing Advisory Board
11-0363
Withdrawn and Rescheduled to Meeting of the Oakland City Council on
5/1/2012
View Report.pdf
View Supplemental Report.pdf
View Report.pdf
View Report.pdf
83866 CMS.pdf
83871 CMS.pdf
S-7.13-CC
Subject:
Master Programs Funding Agreement
From:
Public Works Agency
Recommendation: Adopt A Resolution Approving The 2012-2022 Master Programs Funding
Agreement Between The Alameda County Transportation Commission And The City Of
Oakland Governing Measure B Transportation Sales Tax And Measure F Vehicle Registration
Fee Funds
11-0330
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
83780 CMS.pdf
City of Oakland
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Meeting Minutes
April 3, 2012
Council
S-7.14-CC
Subject:
East Bay Regional Park Local Grant Program
From:
Public Works Agency
Recommendation: Adopt A Resolution: 1) Authorizing The Reallocation Of Up To Two
Hundred Forty Thousand Dollars ($240,000.00) From The East Bay Regional Park District
Local Grant Program Of The Open Space, Wildlife, Shoreline And Parks Bond (2008 Measure
WW) For The Central Reservoir Field Project (No. C377010) To The Peralta Hacienda
Historical Park De Anza Trail Project (No. C284540), And 2) Authorizing The City
Administrator To Apply For, Accept And Appropriate Up To Two Hundred Forty Thousand
Dollars ($240,000.00) From The East Bay Regional Park District Local Grant Program Of The
Open Space, Wildlife, Shoreline And Parks Bond (2008 Measure Ww) For The Peralta
Hacienda Historical Park De Anza Trail Project (No. C284540), And 3) Authorizing The City
Administrator To Award A Construction Contract For The Peralta Hacienda Historical Park De
Anza Trail Project (No. C284540) To Beliveau Engineering, Inc., The Lowest Responsive And
Responsible Bidder, For An Amount Not-To-Exceed Eight Hundred Fourteen Thousand
Dollars ($814,000.00) In Accord With The Project Plans And Specifications And The
Contractor's Bid
11-0333
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Report.pdf
83781 CMS.pdf
Passed The Consent Agenda
A motion was made by President of the Council Reid, seconded by
Councilmember Kaplan, including all the preceding items marked as
having been adopted on the Consent Agenda. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
City of Oakland
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April 3, 2012
Council
8
Oral Report of Final Decisions Made During Closed Session & Disclosure of
Non-Confidential closed session discussions
A motion was made by Vice Mayor Nadel, seconded by Councilmember
Schaaf, to *Approve as Submitted the report of the City Attorney of 1 final
decision made during closed session. The motion carried by the following
vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Absent: 1 - President of the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
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 8:13 p.m.
No individuals spoke on this item.
Councilmember Schaaf made a motion, seconded by Councilmember Kaplan,
to close the Public Hearing, and hearing no objections, the motion passed by
Ayes: Councilmember: Brooks, Brunner, De La Fuente, Kaplan, Nadel, Schaaf,
and President Reid - -7 Excused: Kernighan - 1
City of Oakland
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Council
9.1
Subject:
Planning Code Amendments
From:
Department Of Planning, Building And Neighborhood Preservation
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance,
Recommended By The Planning Commission, To: 1) Update References, Reduce Redundancy,
And Clarify Language In Various Chapters Of The Planning Code; 2) Modify The Threshold In
Chapter 17.102 For Exemption From The 1,000-Foot Separation Requirement For Alcohol
Beverage Sales Commercial From 20,000 Square Feet Down To 12,000 Square Feet, And
Modify The Requirement For 25 Full-Time Employees; 3) Modify Chapter 17.108 For
Setbacks Of Allowed Projections Above The Height Limits And Allowed Projections Into
Required Setbacks; 4) Modify Chapter 17.108 For Interior Courtyard Regulations And
Separation And Setback Requirements From Legally Required Windows; 5) Modify Chapter
17.108 For Inclusion Of Specific Standards For Wind Power Generating Facilities
11-0347
A motion was made by Councilmember Schaaf, seconded by
Councilmember Kaplan, to Approved As Amended On Introduction and
Scheduled for Final Passage to the Meeting of the Oakland City Council, to
be heard at the May 1, 2012 meeting to accept the recommendations of the
March 27, 2012 Community And Economic Development Committee to
exclude item 5 - Standards for Wind Power Generating Facilities The
motion carried by the following vote:
Votes: ORA)Councilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
as a consent calendar item.
View Report.pdf
View Supplemental Report.pdf
13112 CMS.pdf
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
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11
Subject:
Sanjiv Handa Sunshine Ordinance
From:
President Reid and Vice Mayor Brooks
Recommendation: Adopt An Ordinance Amending Ordinance No. 11957 C.M.S., As
Amended By Ordinance No. 12483 C.M.S., To Change The Citation And Title Of The
""Oakland Sunshine Ordinance"" To The ""Sanjiv Handa Oakland Sunshine Ordinance"" In
Memory Of Sanjiv Handa, A Longtime Oakland Resident Who Devoted More Than 20 Years
Of His Life To Advocating For Open Government And Transparency To Assure That
Deliberations Of The City's Council, Commissions, Boards, And Advisory Bodies And The
City's Operations Were Open To The Public
11-0236
This matter was No Action Taken. The motion failed.
Votes:
Upon call of the item, it was noted that the Mayor was not present to cast the
tie-breaking vote. As a result of the absence of the Mayor, no action could be
taken and the matter died on the floor.
There was one speaker on this item.
View Report.pdf
View Supplemental Report.pdf
12
Subject:
Frazier Group, LLC - Complaints Review Investigation
From:
Oakland Police Department
Recommendation: Adopt A Resolution 1) Waiving The Advertising And Request For
Proposals/Qualifications Requirements And 2) Authorizing The City Administrator On Behalf
Of The City To Increase The Existing Contract With Frazier Group, LLC In The Amount Of
Two Hundred Fifty Thousand Dollars ($250,000) For Conducting Administrative Misconduct
Investigations Related To Police Complaints Received During Occupy Oakland Events In The
City Of Oakland
11-0352
Withdrawn and Rescheduled to Meeting of the Oakland City Council on
5/1/2012
There were 3 speakers on this item.
View Report.pdf
View Supplemental. pdf
View Supplemental.pdf
City of Oakland
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13
Subject:
Ratification of CAL-EMA Grants Disbursements
From:
Office Of The Mayor
Recommendation: Adopt A Resolution On Behalf Of The City Of Oakland Ratifying California
Emergency Management Agency (CAL-EMA) Funded Grants To California School Age
Consortium In The Amount Of $13,000.00, 2) Leadership Excellence In The Amount Of
$75,250.00 And 3) Growth Sector Company In The Amount Of $27,500.00, For Youth
Services Provided In Connection With The Oakland High School Career Pathway And
Community Collaborative At Fremont High School And Castlemont High School
11-0364
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 Excused: 1 - Councilmember Kernighan
ORAICouncilmember Noes: 1 - Councilmember Brooks
ORAICouncilmember Ayes: 6 - Councilmember Brunner, President Pro
Tempore De La Fuente, Councilmember Kaplan, Vice Mayor Nadel,
Councilmember Schaaf and President of the Council Reid
View Report.pdf
83782 CMS.pdf
S-14
Subject:
Zero Waste System Request For Proposals
From:
Public Works Agency
Recommendation: Adopt A Resolution Adopting Zero Waste System Request For Proposals:
Proposal Evaluation Criteria And Weighting, Waiver Of Arizona Policy, Method For Adjusting
Customer Rates, Diversion Performance Measurement, And Continued Participation In
Alameda County Measure D
11-0331
A motion was made by Vice Mayor Nadel, seconded by Councilmember
Schaaf, that this matter be Adopted as Amended to approve all
recommendations except the waiver of Arizona policy (Resolution 82727
C.M.S.) which urges city departments from entering in to contracts with
companies with headquarters in Arizona. The committee directed staff to
return to the April 24, 2012 Public Works Committee with alternatives to
waiving this restriction. The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Recused: 1 - President of the Council Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel and Councilmember Schaaf
View Report.pdf
View Report.pdf
View Supplemental Report.pdf
83783 CMS.pdf
City of Oakland
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S-15
Subject:
Draft Preferred Plan - Lake Merritt BART
From:
Department Of Planning And Neighborhood Preservation
Recommendation: Action On A Report On The Draft Preferred Plan For The Approximate
Half Mile Area Surrounding The Lake Merritt BART Station, Which Contains Concepts And
Strategies For Land Use, Open Space, Affordable Housing, Historic Preservation, Circulation,
Streetscape, And Building Heights; And Will Be The Basis For A Draft Station Area Plan,
Which Will Be Studied In An Environmental Impact Report (EIR)
11-0314
City of Oakland
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Council
A motion was made by Vice Mayor Nadel, seconded by Councilmember
Schaaf, that this matter be *Approve with the following amendments as
amended by the March 27, 2012 Community and Economic Development
Committee that
1. Directs staff to develop a short-term community benefit program with
the following components:
. List the community's desired community benefits, their cost and possible
funding mechanisms
Develop a bonus incentive program utilizing Floor Area Ratio (FAR)
and/or height to encourage the provision of community benefits; and
.
State that the goal for all projects over a certain size should be to include
one or more of the desired community benefits, if the project can be built
with a reasonable rate of return and make a reasonable profit
Clearly articulate the next steps necessary to establish a long-term
community benefit program (including a timeline for completion). This
should include a schedule for applying for grants (for nexus studies) to
implement additional funding mechanisms, such as impact or in-lieu fees,
a
Community Facilities District, Community Benefits District, or Business
Improvement District; and to implement lighting and streetscape
improvements.
2. Direct staff to clearly define the future entitlement process, and that the
BART project will be subject to City review under that future entitlement
process.
AND FURTHER AMENDED BEFORE COMMITTE TO:
1. The second bullet point ""encourage"" should be changed to ""linked"" to
create a more firm policy
2. The height limit in BART areas will be set at 270 feet
3. The short-term plan is to stay in place until the long term plan is
implemented
and further approved BEFORE THE CITY COUNCIL to 1) Direct staff
to develop a short-term community benefit program to be included in the
Final Lake Merritt BART Station Area Plan with the following
components:
- List the community""S desired community benefits, their cost and possible
funding mechanisms
- Develop a bonus and incentive program utilizing Floor Area Ration
(FAR) and/or Height to link the provision of community benefits where
staff will work with the community on establishing proportional formulas
for project contributions to community benefits; and
- State that the goal for all projects over a certain size should be to include
one or more the desired community benefits. The economic feasibility of
the development project shall be a determining factor in arriving at the
City of Oakland
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April 3, 2012
Council
amount of community benefits to be provided by a particular project.
- The short-term community benefits plan shall remain in place until the
long-term plan for community benefits has been adopted by the City
Council.
2) Direct staff to develop elements of a long-term community benefits plan,
clearly articulating a time line for next steps, including completion of nexus
studies. The plan should include a menu of mechanisms for funding
community benefits such as impact or in-lieu fees, incentive programs
based on FAR or balding height, a Community Facilities District,
Community Benefits District, or Business Improvement District.
3) Direct staff to clearly define that all ""large projects"", such as the BART
project, shall be subject to appropriate CEQA review and require
submittal of a Major Conditional Use Permit application, among any other
required permits under the City's entitlement process. Staff will work with
the community on establishing a definition of ""large project"" in the Lake
Merritt Plan area for incorporation into the Lake Merritt Station plan.
4) Direct staff to specify that no development will be allowed over 275 feet
without the provision of additional community benefits in return for
additional building size as part of a bones and incentive program. The
motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Supplemental Report.pdf
S-16
Subject:
ROPS And Successor Agency Administrative Budget Submission
From:
Office Of Neighborhood Investment
Recommendation: Adopt A Resolution Approving The Submission Of Recognized Obligation
Payment Schedules And Successor Agency Administrative Budgets For January/February
Through June 2012 And For July Through December 2012 To The County Auditor-Controller,
Oversight Board, And/Or The State
11-0348
A motion was made by Councilmember Kaplan, seconded by President of
the Council Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Supplemental Report.pdf
83784 CMS.pdf
City of Oakland
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April 3, 2012
Council
S-17
Subject:
FY 2011 - 13 Budget Amendment - Army Base Staff
From:
Office Of Neighborhood Investment
Recommendation: Adopt A Resolution Amending The City Of Oakland's Fiscal Year 2011-
2013 Biennial Budget, Which Was Adopted Pursuant To Resolution No. 83693 C.M.S. On
January 31, 2012, To Use $873,497 Of Army Base Lease Revenues To Reinstate Specified
Staff Positions To Support Army Base Development
11-0349
A motion was made by Councilmember Brunner, seconded by
Councilmember Kaplan, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 1 - Councilmember Kernighan
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, President Pro Tempore De La Fuente, Councilmember Kaplan, Vice
Mayor Nadel, Councilmember Schaaf and President of the Council Reid
View Report.pdf
View Supplemental Report.pdf
83785 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 Council
adjourned the meeting in memory of Sonam Chodon, Tshening Rinzing Bhutia,
Lydia Sim, Kathleen Ping, Grace Eunhae Kim, Judity O. Seymore, Doris
Chibuko, William David Brown, Khalil Shaheed, Jimmie Burton, Joel Kelly,
Mark Manning, Lawrence Michael Powell, Elsie Montgomery, Florence
Blalock Rose, Trayvon Marton at 11:04 p.m.
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City of Oakland
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Council
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE
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City of Oakland
Page 19
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