body,date,text,page,path OaklandCityCouncil,2012-06-05,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza 1852 2002 Meeting Minutes Oakland, California 94612 OAKLAND LaTonda Simmons, City Clerk * Grawing fit are 150 Meeting of the Oakland City Council Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Tuesday, June 05, 2012 5:30 PM City Council Chambers, 3rd Floor 1 Pledge of Allegiance The Meeting of the Oakland City Council was held on the above date. Opening with the Pledge of Allegiance, the meeting was convened at 5:46 pm 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: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Present: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf 3 Open Forum / Citizens Comments (Time Available: 15 minutes) There were 14 speakers during Open Forum. City of Oakland Page 1 Printed on 7/20/12",1,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 4 ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements): Vice Mayor Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Texas Helene Hurd Nixon, Mother in law of Councilmember Jane Brunner, Councilmembers Brooks and Pro Tempore De La Fuente requested association with this Tribute Councilmember Brooks took a point of personal privilege and requested that the meeting be adjourned in memory of Stan Hall Councilmember Kernighan took a point of personal privilege and requested that the meeting be adjourned in memory of Don LittleCloud Davenport and Alejandro Aguilera. Councimember Brooks requested association with the Tribute for Don LittleCloud Davenport. Pro Tempore De La Fuente requested association with the Tribute for Alejandro Aguilera. Councilmember Schaaf took a point of personal privilege and requested that the meeting be adjourned in memory of Dennis Dohnagin. Councilmember Brooks made a motion seconded by Councilmember Nadel to approve the urgency finding on item 4. 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. 4.1 Subject: National Top Ten Public Works Leaders Of The Year - Troyan From: Council President Larry Reid Recommendation: Adopt A Resolution Honoring Public Works Director Vitaly Troyan P.E. For Being Named To The American Public Works Association (APWA) National Top Ten Public Works Leaders Of The Year 11-0489 A motion was made by Councilmember Brooks, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83872 CMS.pdf City of Oakland Page 2 Printed on 7/20/12",2,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 4.2 Subject: Honoring Tanya Holland From: Vice Mayor Nadel Recommendation: Adopt A Resolution Honoring Tanya Holland For Her Significant Role In Creating Community And Establishing Oakland As A Culinary Center 11-0492 A motion was made by Vice Mayor Nadel, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Supplemental Report.pdf 83873 CMS.pdf 5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF THE May 15, 2012 A motion was made by Councilmember Brooks, seconded by Vice Mayor Nadel, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, 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 Administration, item 17 will be withdrawn and rescheduled to the June 19, 2012 City Council agenda Councilmember Brooks made a motion seconded by Council President Pro Tempore to withdraw item 7.23 and reschedule the matter to the June 19, 2012 City Council agenda 7. CONSENT CALENDAR (CC) ITEMS: City of Oakland Page 3 Printed on 7/20/12",3,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"Result Of A Trip-And Fall Adjacent To 1615 Chestnut Street In Oakland On June 22, 2010 (Public Works Agency - Trip And Fall) 11-0529 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83876 CMS.pdf City of Oakland Page 4 Printed on 7/20/12",4,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf 7.4-CC Subject: Budget Advisory Appointment - Zavala From: Councilmember Brunner Recommendation: Adopt A Resolution Appointing Richard Zavala As A Member Of The Budget Advisory Committee For The Term Beginning May 25, 2012 And Ending May 24, 2014 11-0491 This Matter was Adopted on the Consent Agenda. Votes: ORACouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83877 CMS.pdf 7.5-CC Subject: Cabaret Permits From: Councilmember Rebecca Kaplan Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 5.12 Cabarets, To Continue The Pilot Extended Hours Permits Program For An Additional Two Years And To Set Out Procedures For Immediate Suspension Of Any Cabaret Permit To Protect Patrons Or The Public 11-0446 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13116 CMS.pdf City of Oakland Page 5 Printed on 7/20/12",5,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.6-CC Subject: Tax And Revenue Anticipation Notes - 2012 - -2013 From: Finance And Management Agency Recommendation: Adopt An Ordinance Providing For The Borrowing Of Funds For Fiscal Year 2012-2013 In An Amount Not To Exceed $85,000,000 And The Issuance And Sale Of 2012-2013 Tax And Revenue Anticipation Notes Therefore And Approving Certain Related Matters 11-0435 This Matter was Approved for Final Passage on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Supplemental Report.pdt 13117 CMS.pdf 7.7 Subject: Vacant Residential Property Registration Program Amendment From: Councilmember Brunner Recommendation Adopt The Following Pieces Of Legislation: 1) An Ordinance Amending And Restating Oakland Municipal Code Chapter 8.54 (The Foreclosed And Vacant Residential Building Registration Program) By Expanding It To Include Both Vacant And Occupied Residential Properties And Multiple Unit Buildings To The Foreclosed And Defaulted Residential Property Registration Program, To Set Out More Specific Maintenance And Security Requirements And To Provide For Abatement Of Blight And Nuisances At Such Properties 11 0429 This Matter was *Withdrawn and Rescheduled on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 13126 CMS.pdf City of Oakland Page 6 Printed on 7/20/12",6,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"President Pro Tempore De La Fuente Recommendation: Adopt A Resolution Appointing Ed Henderson To The Budget Advisory Committee, As A Finance And Management Committee Representative, For The Term Beginning May 26, 2011 And Ending May 25, 2013 11-0497 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83878 CMS.pdf City of Oakland Page 7 Printed on 7/20/12",7,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.10-CC Subject: Beliveau Engineering Contract-Trash Control Units From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Beliveau Engineering Contractors, Inc., The Lowest Responsive, Responsible Bidder For The Installation Of Stormwater Trash Control Units On High Street Near Tidewater Avenue And On Alameda Avenue Near Fruitvale Avenue (Project No. C424420) In The Amount Of Seven Hundred Forty Three Thousand And Two Hundred Dollars ($743,200.00) And In Accord With Contractor's Bid 11-0460 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83879 CMS.pdf 7.11-CC Subject: MacArthur BART Residential Permit Parking From: Public Works Agency Recommendation: Adopt A Resolution To Establish Residential Permit Parking Area ""N"" Near The Macarthur Bart Station 11-0461 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Supplemental Report.pdf 83880 CMS.pdf 7.12-CC Subject: Linked Banking Services Certification From: Department Of Housing And Community Development Recommendation: Adopt A Resolution Certifying Banks That Have Met Their 2011 Fair Share Goals Pursuant To The City's Linked Banking Services Ordinance 11-0465 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83881 CMS.pdf City of Oakland Page 8 Printed on 7/20/12",8,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.13-CC Subject: CALReUSE Strategic Partnership Agreement From: Office Of Economic And Workforce Development Recommendation: Adopt A Resolution To Authorize The City Administrator To Execute A Strategic Partnership Agreement With State Treasurer's Office, California Pollution Control Financing Authority, For The CALReUSE Environmental Assessment Loan Program 11-0483 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83882 CMS.pdf 7.14-CC Subject: Brownfield Cleanup Revolving Loan Fund Closeout From: Office Of Economic And Workforce Development Recommendation: Adopt The Following Pieces Of Legislation: 1. A Resolution To Authorize The City Administrator To Execute A Close Out Agreement With The U.S. Environmental Protection Agency, Region 9, For The Brownfield Cleanup Revolving Loan Fund, Allowing The City Of Oakland Autonomy, While Committing To Follow EPA Eligibility And Environmental Standards, In The Execution Of Grants And/Or Loans To Private And Non-Profit Entities For The Environmental Clean-Up Of Contaminated Property; And 11-0482 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83883 CMS.pdf 2. A Resolution To Authorize The City Administrator To Approve And Execute A Grant Agreement With The East Bay Asian Local Development Corporation In An Amount Up To $260,000 For Environmental Clean-Up Of Contaminated Lands For The Future Development Of Affordable Housing In West Oakland 11-0482-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf 83884 CMS.pdf City of Oakland Page 9 Printed on 7/20/12",9,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.15-CC Subject: Eden I&R 2-1-1 Telephone Line Services Contract From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Waive The Competitive Process And Enter Into A Professional Services Contract With Eden I & R For The Provision Of 2-1-1 Telephone Line Services In The Amount Not To Exceed One Hundred Thousand Dollars ($100,000) Per Year For Fiscal Years 2011-2012 And 2012-2013 For A Total Contract Amount Of Two Hundred Thousand Dollars ($200,000) 11-0463 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83885 CMS.pdf City of Oakland Page 10 Printed on 7/20/12",10,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.16-CC Subject: Head Start Training And Technical Grants From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate Head Start Basic, Head Start Training And Technical Assistance, Early Head Start Basic, And Early Head Start Training And Technical Assistance Grants For Program Year 2012-2013 From The U.S. Department Of Health And Human Services, Administration For Children And Families (In The Estimated Amount Of $18,352,486 And Authorizing Grant Agreements With The Unity Council In The Estimated Amount Of $4,973,177 And Salvation Army For The Estimated Amount Of $259,891 And Brighter Beginnings In The Estimated Amount Of $488,7 And Children's Hospital-Oakland In The Estimated Amount Of $45,000 To Fund Comprehensive Child Development Services In Accord With Said Grants With: 1) Unity Council In An Estimated Amount Of Four Million Nine Hundred Seventy Three Thousand One Hundred Seventy Seven Dollars ($4,973,177); 2) The Salvation Army In An Estimated Amount Of Two Hundred Fifty Nine Thousand Eight Hundred Ninety One Dollars ($259,891); 3) Brighter Beginnings In An Estimated Amount Of Four Hundred Eighty Eight Thousand Seven Hundred Sixty Three Dollars ($488,763); 4) Children's Hospital Oakland In An Estimated Amount Of Forty Five Thousand Dollars ($45,000); 5) Authorizing The City Administrator To Accept And Appropriate Additional Federal Grant Funding If It Becomes Available And To So Amend The Grant Agreements With Unity Council, Salvation Army, Brighter Beginnings, And Children's Hospital, Oakland, Without Returning To Council; And 6) To Review And Approve Oakland Head Start/Early Head Start Governance Procedures Developed In Accordance With Head Start Legislation And Updated Annually 11-0421 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Supplemental Report.pdf 83886 CMS.pdf City of Oakland Page 11 Printed on 7/20/12",11,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.17-CC Subject: OFCY Evaluations From: Department Of Human Services Recommendation: Receive An Informational Report From The Planning And Oversight Committee Of The Oakland Fund For Children And Youth And Submission Of The OFCY Evaluation 2010-2011 Final Reports And 2011-2012 Interim Reports 11-0484 This Matter was *Received and Filed on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 7.18-CC Subject: Automatic Emergency Aid Agreement From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into An Automatic Aid Agreement With Multiple Federal, State, And Local Emergency Response Agencies Throughout The San Francisco Bay Region For Responses To Marine Emergencies 11-0466 This Matter was Adopted on the Consent Agenda. Votes: ORA)Councilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83887 CMS.pdf 7.19-CC Subject: Amicus Brief - Regulation Of Medical Cannabis Dispensaries 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 Pack V. City Of Long Beach (B228781) Appeal To The California Supreme Court To Maintain A City's Ability To Regulate Medical Cannabis Dispensaries 11-0528 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83888 CMS.pdf City of Oakland Page 12 Printed on 7/20/12",12,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"11-0462 This Matter was Approved On Introduction and Scheduled for Final Passage to the * Meeting of the Oakland City Council, to be heard at the June 19, 2012 meeting on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13125 CMS.pdf 2) A Resolution Recommending That The Civil Service Board Exempt The Classification Of Neighborhood Law Corps Attorney From The Operation Of The Civil Service System 11-0462-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83889 CMS.pdf 7.21-CC Subject: Settlement Agreement - Ida And Joe Scodella From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Ida And Joe Scodella V. City Of Oakland, Alameda County Superior Court Case No. RG10552641, City Attorney's File No. 27787, In The Amount Of Forty-Five Thousand Dollars And No Cents ($45,000.00). (Public Works - Trip And Fall) 11-0530 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83890 CMS.pdf City of Oakland Page 13 Printed on 7/20/12",13,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 7.22-CC Subject: Settlement Agreement - Alameda County V. City of Oakland- General Parking Taxes From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving Settlement Of County Of Alameda V. City Of Oakland, City Of Oakland V. County Of Alameda (San Francisco Superior Court Case No. CPF-11-511142, Previously Alameda Superior Court Case No. RGO9460907), By: (1) Payment To The County Of Alameda Of 50% Of The Parking Taxes Collected At The Oakland-Alameda County Coliseum (Coliseum) Pursuant To Oakland Municipal Code (OMC) Section 4.16.030 (The 10% General Parking Taxes), Which Is $1,121,115 From July 1, 2009 Through April 30, 2012, (2) Remittance To The Oakland-Alameda County Coliseum Authority (Coliseum Authority), On A Going-Forward, Basis As Of May 1, 2012, Of The 10% General Parking Taxes Collected At The Oakland-Alameda County Coliseum, (3) Retention By The City Of The Parking Surtax Collected At The Coliseum Pursuant To OMC Section 4.16.031 (The 8.5% Special Tax), (4) Agreement By The Parties To Work Cooperatively Through The Coliseum Authority To Oppose Any Rent Deduction Claims By The Coliseum Authority's Licensees, And (5) Dismissal Of The Litigation Between The City And County (Finance And Management Agency; Parking Taxes Imposed Under OMC Chapter 4.16) 11-0531 A motion was made that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Noes: 1 - Councilmember Brooks ORAICouncilmember Ayes: 5 - President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83891 CMS.pdf Passed The Consent Agenda A motion was made by Councilmember Schaaf, seconded by Councilmember Kernighan, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf City of Oakland Page 14 Printed on 7/20/12",14,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council S-7.23 Subject: Safe Medication Disposal Support From: Councilmembers Brunner And Brooks Recommendation: Adopt A Resolution Of Support For Extended Producer Responsibility And The Alameda County Safe Medication Disposal Ordinance, Which Would Require Producers Selling Pharmaceutical Drugs In Alameda County To Participate In A Drug Stewardship Program 11-0490 Withdrawn and Rescheduled to * Meeting of the Oakland City Council on 6/19/2012 View Report.pdf View Supplemental Report.pdf 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 Kernighan, to *Approve as Submitted the report of Council of 4 final decisions made during closed session. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, 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 6:41 p.m. No individuals spoke on this item. Councilmember Brooks made a motion, seconded by Councilmember Kaplan, to close the Public Hearing, and upon call of the roll, the motion passed by Ayes: Councilmember: Brooks, De La Fuente, Kaplan, Kernighan, Nadel, and Schaaf - 6 Excused: Brunner, President Reid - -2 City of Oakland Page 15 Printed on 7/20/12",15,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 9.1 Subject: LLAD Annual Report And Assessments From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Information In The Engineer's Report For The City Of Oakland Landscaping And Lighting Assessment District For Fiscal Year 2012-13 And The Levying Of Assessments 11-0494 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 Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83892 CMS.pdf Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 6:42 p.m. No individuals spoke on this item. Councilmember Brooks made a motion, seconded by Councilmember Kaplan, to close the Public Hearing, and upon call of the roll, the motion passed by Ayes: Councilmember: Brooks, De La Fuente, Kaplan, Kernighan, Nadel, and Schaaf - 6 Excused: Brunner, President Reid -2 9.2 Subject: WPAD Annual Report And Assessments From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Information In The Annual Report For The City Of Oakland Wildfire Prevention Assessment District For Fiscal Year 2012-13 And The Levying Of Assessments 11-0493 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 Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83893 CMS.pdf City of Oakland Page 16 Printed on 7/20/12",16,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council Upon the reading of Item 9.3 by the City Clerk, the Public Hearing was opened at 6:43 p.m. No individuals spoke on this item. Councilmember Schaaf made a motion, seconded by Councilmember Kernighan, to close the Public Hearing, and upon call of the roll, the motion passed by Ayes: Councilmember: Brooks, De La Fuente, Kaplan, Kernighan, Nadel, and Schaaf - 6 Excused: Brunner, President Reid -2 9.3 Subject: Emergency Medical Services Measure M From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance Authorizing A Fiscal Year 2012-13 Increase To A Special Tax Imposed For Emergency Medical Services, In Accordance With The Consumer Price Index, And Pursuant To The Emergency Medical Services Retention Act Of 1997 (Measure M) 11-0478 A motion was made by Councilmember Schaaf, seconded by Councilmember Kernighan, that this matter be Approved On Introduction and Scheduled for Final Passage to the * Meeting of the Oakland City Council, to be heard at the June 19, 2012 meeting. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13121 CMS.pdf Upon the reading of Item 9.4 by the City Clerk, the Public Hearing was opened at 6:44 p.m. No individuals spoke on this item. Vice Mayor Nadel made a motion, seconded by Councilmember Schaaf, to close the Public Hearing, and upon call of the roll, the motion passed by Ayes: Councilmember: Brooks, De La Fuente, Kaplan, Kernighan, Nadel, and Schaaf - 6 Excused: Brunner, President Reid - -2 City of Oakland Page 17 Printed on 7/20/12",17,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 9.4 Subject: Paramedic Emergency Services Measure N From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance Authorizing A Fiscal Year 2012-13 Increase To A Special Tax Imposed For Paramedic Emergency Services, In Accordance With The Consumer Price Index, And Pursuant To The Paramedic Services Act Of 1997 (Measure N) 11-0479 A motion was made by Vice Mayor Nadel, seconded by Councilmember Schaaf, that this matter be Approved On Introduction and Scheduled for Final Passage to the * Meeting of the Oakland City Council, to be heard at the June 19, 2012 meeting. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13122 CMS.pdf Upon the reading of Item 9.5 by the City Clerk, the Public Hearing was opened at 6:45 p.m. No individuals spoke on this item. Councilmember Kaplan made a motion, seconded by Councilmember Brooks, to close the Public Hearing, and upon call of the roll, the motion passed by Ayes: Councilmember: Brooks, De La Fuente, Kaplan, Kernighan, Nadel, and Schaaf - 6 Excused: Brunner, President Reid - -2 City of Oakland Page 18 Printed on 7/20/12",18,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 9.5 Subject: Library Services Retention And Enhancment Act Measure Q From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance Authorizing A Fiscal Year 2012-13 Increase To A Special Tax Imposed For Library Services, In Accordance With The Consumer Price Index, And Pursuant To The Library Services Retention And Enhancement Act Of 2004 (Measure Q) 11-0480 A motion was made by Councilmember Kaplan, seconded by Councilmember Brooks, that this matter be Approved On Introduction and Scheduled for Final Passage to the * Meeting of the Oakland City Council, to be heard at the June 19, 2012 meeting. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13123 CMS.pdf Upon the reading of Item 9.6 by the City Clerk, the Public Hearing was opened at 6:46 p.m. 1 individual spoke on this item. Councilmember Kaplan made a motion, seconded by Vice Mayor Nadel, to close the Public Hearing, and upon call of the roll, the motion passed by Ayes: Councilmember: Brooks, De La Fuente, Kaplan, Kernighan, Nadel, and Schaaf - 6 Excused: Brunner, President Reid -2 City of Oakland Page 19 Printed on 7/20/12",19,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 9.6 Subject: Violence Prevention And Public Safety Act Measure Y From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance Authorizing A Fiscal Year 2012-13 Increase To A Special Tax Imposed For Violence Prevention And Public Safety Services, In Accordance With The Consumer Price Index, And Pursuant To The Violence Prevention And Public Safety Act Of 2004 (Measure Y) 11-0481 A motion was made by Councilmember Kaplan, seconded by Vice Mayor Nadel, that this matter be Approved On Introduction and Scheduled for Final Passage to the * Meeting of the Oakland City Council, to be heard at the June 19, 2012 meeting. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13124 CMS.pdf ACTION ON OTHER NON-CONSENT CALENDAR ITEMS: 10 THIS NUMBER INTENTIONALLY NOT USED 11 Subject: Single Audit Report FY 2010 - 2011 From: Finance And Management Agency Recommendation: Receive An Informational Report Presenting The Single Audit Report For The Fiscal Year Ended June 30, 2011 11-0432 A motion was made by Councilmember Kernighan, seconded by Councilmember Kaplan, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Report.pdf View Report.pdf View Supplemental Report.pdf City of Oakland Page 20 Printed on 7/20/12",20,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 12 Subject: Effects On Redevelopment Projects And Funds From: Councilmember Brunner Recommendation: Action On A Report On The State's Efforts To ""Clawback"" Redevelopment Funds And The Effects On Redevelopment Projects And Funds 11-0501 *Withdrawn and Rescheduled to * Meeting of the Oakland City Council on 6/19/2012 View Report.pdf 13 Subject: Cash Management Report From: Finance And Management Agency Recommendation: Receive The Cash Management Report For The Quarter Ended March 31, 2012 11-0477 A motion was made by Councilmember Kaplan, seconded by Councilmember Kernighan, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 14 Subject: Two Tier - Port Of Oakland Miscellaneous From: Office Of The City Administrator Recommendation: Adopt A 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 New City Of Oakland And Port Of Oakland Miscellaneous Members Different Level Of Benefits (California Government Code Section 20475), 2.5% At 55 Full Formula (California Government Code Section 21354.4) And Three-Year Final Compensation (California Government Code Section 20037) Applicable To Local Miscellaneous Members Entering Membership For The First Time In The Miscellaneous Classification After The Effective Date Of This Amendment To Contract 11-0409 A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, that this matter be Approved for Final Passage. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 13119 CMS.pdf City of Oakland Page 21 Printed on 7/20/12",21,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 15 Subject: OMC Amendment - Port Board Of Commission Authority From: Office Of The City Administrator Recommendation: Adopt An Ordinance Amending Ordinance No. 8979 C.M.S. Which Is Codified At Oakland Municipal Code Chapter 2.08 To Clarify The Authority Of The Port Board Commissioners And The Oakland Civil Service Board With Regard To The Establishment, Modification, And Elimination Of Classifications Included In The City's Civil Service System 11-0373 A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, that this matter be Approved for Final Passage. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf View Report.pdf 13120 CMS.pdf 16 Subject: Zero Waste RFP Economic Benefit Measures From: Public Works Agency Recommendation: Adopt A Resolution Adopting Zero Waste System Request For Proposals Economic Benefit Measures: Competitive Wages And Benefits, Job Retention, Local Business Participation, Local Hire Preference Points, Labor Peace, In-County Landfill Preference Points; And Seeks Proposals From All Qualified Firms To Establish Competition To Avoid Significant Additional Costs To City Rate Payers [TITLE CHANGE] 11-0379 Continued to * Meeting of the Oakland City Council on 6/19/2012 View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf City of Oakland Page 22 Printed on 7/20/12",22,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 17 Subject: Sale Of Pension Obligation Bonds From: Finance And Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Authorizing The Issuance And Sale Of City Of Oakland, California Taxable Pension Obligation Bonds, Series 2012 For The City Of Oakland Police And Fire Retirement System (PFRS) And Approving Certain Related Matters; And [TITLE CHANGE] 11-0431 Withdrawn and Rescheduled to * Meeting of the Oakland City Council on 6/19/2012 View Report.pdf View Supplemental Report.pdf View Report.pdf View Supplemental Report.pdf 13128 CMS.pdf 2) A Resolution Approving The Issuance And Sale Of Not To Exceed $250,000,000 Aggregate Principal Amount Of City Of Oakland, California Taxable Pension Obligation Bonds, Series 2012 For The City Of Oakland Police And Fire Retirement System (PFRS); Prescribing The Terms Of Sale Of Said Bonds; Approving The Form Of And Authorizing The Execution And Delivery Of A Third Supplemental Trust Agreement, Funding Agreement, Pension Obligation Debenture, | Continuing Disclosure Certificate And Bond Purchase I Contract; Approving The Form Of And Authorizing The Distribution Of A Preliminary Official Statement And Authorizing The Execution And Delivery Of An Official Statement; And Authorizing Necessary Actions Related Thereto 11-0431-1 Withdrawn and Rescheduled to * Meeting of the Oakland City Council on 6/19/2012 View Report.pdf 83940 CMS.pdf 18 Subject: OFCY Grant Renewal From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute Grant Agreements Between The City Of Oakland And Various Non-Profit And Public Agencies To Provide Direct Services For Children And Youth For Fiscal Year 2012-2013 In An Amount Not To Exceed $9,859,152 11-0485 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 Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83894 CMS.pdf City of Oakland Page 23 Printed on 7/20/12",23,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council 19 Subject: Violence Prevention Grant Agreements From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute Grant Agreements Between The City Of Oakland And Various Non-Profit And Public Agencies To Provide Violence Prevention Services For The Period July 1, 2012 To June 30, 2013, With Two One Year Options To Renew In Accordance With The Measure Y Violence Prevention And Public Safety Act, In An Amount Not To Exceed $5,475,000; Additional Street Outreach Services Through The Department Of Justice, Office Of Juvenile Justice And Delinquency Prevention (OJJDP) In An Amount Not To Exceed $204,000 For The Period July 1, 2012 To September 30, 2013, And A One-Time Grant In The Amount Of $225,000 To Alameda County Health Care Services Agency For A Safe House For Commercially Sexually Exploited Children From Measure Y Carryforward Funds 11-0486 A motion was made by Vice Mayor Nadel, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Excused: 2 - Councilmember Brunner and President of the Council Reid ORAICouncilmember Ayes: 6 - Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Kaplan, Councilmember Kernighan, Vice Mayor Nadel and Councilmember Schaaf View Report.pdf 83895 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 Texas Helene Hurd Nixon, Stan Hall, Don LittleCloud Davenport, Alejandro Aguilera, and Dennis Donagin at 8:26 p.m. Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-3226 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 839-6451 TTD City of Oakland Page 24 Printed on 7/20/12",24,OaklandCityCouncil/2012-06-05.pdf OaklandCityCouncil,2012-06-05,"* Meeting of the Oakland City Meeting Minutes June 5, 2012 Council City Clerk and Clerk of the Council City of Oakland Page 25 Printed on 7/20/12",25,OaklandCityCouncil/2012-06-05.pdf