body,date,text,page,path OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"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 * Special Meeting of the Oakland City Council City Hall, 1 Frank H. Ogawa Plaza, Oakland, California 94612 City of Oakland Website: http://www.oaklandnet.com Tuesday, November 13, 2012 5:30 PM City Council Chambers, 3rd Floor 1 Pledge of Allegiance The Concurrent Meeting of the Oakland City Council and Successor Redevelopment Agency was held on the above date. Opening with the Pledge of Allegiance, the meeting was convened at 5:40 pm. 2 Roll Call / City Council COUNCIL MEMBERS: Present: President Pro Tempore De La Fuente, President Reid, Councilmember Brunner, Vice Mayor Nadel, Councilmember Kernighan, Councilmember Brooks, Councilmember Kaplan and Councilmember Schaaf 3 Open Forum / Citizens Comments (Time Available: 15 minutes) There were 8 speakers during Open Forum. 4 ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements): Councilmember Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Jane Powell and Francis Petrash Councilmember Brooks took a point of personal privilege and requested that the meeting be adjourned in memory of Darnell Livingston. President Pro Tempore De La Fuente requested association with this tribute. Councilmember Kernighan took a point of personal privilege and requested that the meeting be adjourned in memory of Warren Wilson. Council President Reid requested association with this tribute. City of Oakland Page 1 Printed on 12/17/12",1,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 4.1 Subject: Honoring Fukuoka, Japan From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Honoring Fukuoka, Japan, Sister City, On The 50th Anniversary Of Friendship With Oakland, And Our Joint Artist Exchange Program 12-0057 A motion was made by Councilmember Schaaf, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf View Report.pdf 84073 CMS.pdf 5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF October 16, 2012 A motion was made by Councilmember Kaplan, seconded by President Pro Tempore De La Fuente, to *Approve as Submitted. The motion carried by the following vote: Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan 6 MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS (Requests to: Reschedule items from consent to Non-Consent to the next Council Agenda, Speak on Consent Calendar, Register Votes, Change order of Items, Reconsiderations, Pull Items held in Committee): 7. CONSENT CALENDAR (CC) ITEMS: 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 12-0117 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84074 CMS.pdf City of Oakland Page 2 Printed on 12/17/12",2,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 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 12-0116 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84075 CMS.pdf 7.3-CC Subject: Repealing Of Ordinance No. 4718 - Marathons From: Councilmember Kaplan And Oakland City Attorney Barbara Parker Recommendation: Adopt An Ordinance Repealing Ordinance No. 4718 N.S. And Section 9.08.200 Of The Oakland Municipal Code Prohibiting Marathons 11-0589 This matter was Approved for Final Passage. The motion carried. View Report.pdf 13138 CMS.pdf 7.4-CC Subject: Foreclosure Prevention/Mitigation Activities From: Department Of Planning And Building Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Section 15.68.100 (Affordable Housing Trust Fund) To (1) Permit Fines And Penalties Received Pursuant To Section 8.54.620 (Foreclosed And Defaulted Residential Property Registration Program) And Similar Programs To Be Used For Foreclosure Prevention And Mitigation Activities, (2) Authorize The City Administrator To Make Grants Or Service Contracts Under The Program Of Up To $100,000 Without Returning To Council, And (3) Allow Affordable Housing Trust Funds To Be Used To Assist Affordable Housing Projects At Risk Due To Mortgage Default Or Foreclosure 12-0070-1 A motion was made that this matter be Approved for Final Passage. The motion carried. Votes: View Report.pdf 13139 CMS.pdf City of Oakland Page 3 Printed on 12/17/12",3,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"Million Three Hundred Twenty Thousand Three Hundred Ninety-Four Thousand Dollars ($1,320,394.00) In Accord With The Project Plans And Specifications And The Contractor's Bid 12-0082 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84076 CMS.pdf 7.6-CC Subject: Biggs Cardosa Associates Inc., Agreement From: Public Works Agency Recommendation: Adopt A Resolution Resolution Authorizing The City Administrator To Enter Into A Professional Services Agreement With Biggs Cardosa Associates, Inc., To Provide Professional Engineering Services For Seismic Retrofit Of Adeline Street Bridge (Project No. G426910) For An Amount Not To Exceed Seven Hundred Eighteen Thousand Dollars ($718,000.00) In Accord With The Request For Proposal (RFP) And Its Amendment 12-0084 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84077 CMS.pdf City of Oakland Page 4 Printed on 12/17/12",4,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 7.7-CC Subject: Police Vehicle Replacement From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To: (1) Appropriate Four Hundred Nineteen Thousand Six Hundred Ninety Two Dollars And Twenty Three Cents ($419,692.23) In Interest Earnings From The 2000 And 2002 Equipment Master Lease-Purchase Agreements To Fund The Purchase Of Approximately Seven Marked Police Patrol Vehicles And (2) Enter Into Cooperative Purchase Agreements With Other Governmental Agencies To Purchase The Needed Vehicles And Equipment, And If Such Equipment Is Not Obtainable Through Cooperative Purchase Agreements, (3) Authorizing The Waiver Of The Oakland Purchasing Ordinance's Formal Advertising And Competitive Bidding Requirements And Allowing The City Administrator To Solicit Bids From Three Vendors And Award Contracts For The Purchase Of The Vehicles And Equipment, Without Returning To Council 12-0076 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84078 CMS.pdf 7.8-CC Subject: Raiders Ticket Surcharge From: Office Of Parks And Recreation Recommendation: Adopt A Resolution Increasing Estimated Revenue And Offsetting Expenditures From The 2011 Raiders Ticket Surcharge To Reflect Actual Revenues Collected And Authorizing A Transfer Of $165,407.55 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 12-0080 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84079 CMS.pdf 7.9-CC Subject: Open For Business Pledge From: Office Of Economic And Workforce Development Recommendation: Adopt A Resolution Adopting The East Bay Economic Development Alliance's ""Open For Business"" Pledge 12-0069 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf View Report.pdf 84080 CMS.pdf City of Oakland Page 5 Printed on 12/17/12",5,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 7.10-CC Subject: Crossroads Software, Inc. Contract From: Oakland Police Department Recommendation: Adopt A Resolution Amending Resolution No. 83626 C.M.S., Approved By The City Council On November 15, 2011, Authorizing The City Administrator To 1) Waive The Advertising/Bidding And The Request For Proposal/Qualifications Requirements, And 2) Award A Professional Services Contract To Crossroads Software, Inc. For The Online Sales Of Traffic Collision Reports And Technical And Records Management Support For The City's Traffic Collision Database For Three Years, Plus Two Discretionary One-Year Extensions, For A Fee Of Twenty Thousand Dollars ($20,000) Per Year And A Total Contract Amount Not To Exceed One Hundred Thousand Dollars ($100,000). 12-0098 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84081 CMS.pdf 7.11-CC Subject: Community Policing Advisory Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of John Garvey, Barbara Hunter And Renia Webb As Members Of The Community Policing Advisory Board 12-0115 This Matter was Continued on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84082 CMS.pdf 7.12-CC Subject: Persons With Disabilities Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Scott J. Blanks, Phyllis Stevenson And Grace E. Wright To The Commission On Persons With Disabilities (MCPD) 12-0114 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84083 CMS.pdf City of Oakland Page 6 Printed on 12/17/12",6,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 7.13-CC Subject: Oversight Committee Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Reappointing Joanne Brown As A Member Of The Violence Prevention And Public Safety Oversight Committee 12-0113 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84084 CMS.pdf 7.14-CC Subject: Community Jobs Oversight Commission From: Office Of Neighborhood Investment Recommendation: Adopt An Ordinance Establishing The Community Jobs Oversight Commission To Monitor And Enforce Compliance With The Construction And Operations Jobs Policies For The Former Oakland Army Base 12-0071 A motion was made that this matter be Approved for Final Passage. The motion carried by the following vote: Votes: No; 1 - President Pro Tempore De La Fuente Aye; 7 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pd View Supplemental Report.pdf View Report.pdf View Report.pdf 13140 CMS.pdf S-7.15-CC Subject: Settlement- Alliance Recycling, Inc. From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Alliance Recycling. Inc. V. City Of Oakland Et Al. Alameda County Superior Court No. RG10509612 In The Amount Of $73,800 (City Administrator, Police Services Agency) 12-0108 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84085 CMS.pdf City of Oakland Page 7 Printed on 12/17/12",7,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council S-7.16-CC Subject: Settlement-State Farm From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of State Farm Mutual Automobile Insurance Company V. City Of Oakland, Alameda County Superior Court Case No. RG11578636 In The Amount Of $13,763.00 (Public Works Agency Tree Limb) 12-0107 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84086 CMS.pdf S-7.17-CC Subject: Settlement-Ruby Ng From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Ruby Ng V. City Of Oakland, Et Al, Alameda County Superior Court Case No, RG11589245, City Attorney's File No. 28280, In The Amount Of Thirty-Five Thousand Dollars And No Cents ($35,000.00). (Public Works). 12-0106 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84087 CMS.pdf S-7.18-CC Subject: Settlement-Veronica Hodge From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Veronica Hodge V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG11579929, City Attorney's File No. X03702, In The Non-Wage Settlement Amount Of Forty-Eight Thousand Dollars And No Cents ($48,000.00) (Personnel, Human Resources) 12-0105 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84088 CMS.pdf City of Oakland Page 8 Printed on 12/17/12",8,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council S-7.19-CC Subject: Settlement - Samantha And Gary Wise From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Samantha And Gary Wise, In The Amount Of $26,000.00, As A Result Of Property Damage Sustained Caused By An Obstructed City Sewer Main. (Public Works Agency) 12-0111 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84089 CMS.pdf S-7.20-CC Subject: Settlement - Terilyn And Felipe Gudino From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Terilynn And Felipe Gudino, In The Amount Of $11,823.37, As A Result Of Property Damage Sustained Caused By Raw Sewage Surcharge. (Public Works Agency) 12-0110 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 84090 CMS.pdf S-7.21-CC Subject: Citizens' Police Review Board From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Denise K. Top And Dominic V. Signorotti As Members And Larissa Casillas As Alternate On The Citizens' Police Review Board 12-0128 This Matter was Adopted on the Consent Agenda. Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf View Report.pdf 84091 CMS.pdf City of Oakland Page 9 Printed on 12/17/12",9,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council Passed The Consent Agenda A motion was made by President Pro Tempore De La Fuente, 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: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan 8 Oral Report of Final Decisions Made During Closed Session & Disclosure of Non-Confidential closed session discussions A motion was made by Councilmember Kaplan, seconded by Councilmember Kernighan, to *Approve as Submitted the report of the City Attorney of 4 final decisions made during closed session. The motion carried by the following vote: Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan 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 6:39 p.m. No individuals spoke on this item. Agency/Councilmember Brooks 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 City of Oakland Page 10 Printed on 12/17/12",10,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 9.1 Subject: Community Development Block Grant District Boards From: Department Of Housing And Community Development Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Authorizing The City Administrator To Restructure The Community Development Block Grant District Boards; And Rescinding Any Inconsistent Provisions Of Resolutions No. 76276 And 78102 12-0030 A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, that this matter be Adopted with the amendment clarifying that staff will provide technical assistance to district board meetings conducted by the respective Councilmembers on matters related to CDBG. The motion carried by the following vote: Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 6:46 p.m. 5 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 View Report.pdf View Supplemental Report.pdf View Report.pdf View Supplemental Report.pdf 84092 CMS.pdf City of Oakland Page 11 Printed on 12/17/12",11,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 9.2 -Subject: Tree Appeal From: Public Works Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal Filed By Ernest And Okhoo Hanes And Mary McCallister Against The Decision Of The Public Works Agency Approving The Removal Of Fifteen (15) Trees, To- Remove The Tops Of Twenty One (21) Trees And To Preserve Forty Two (42) Trees On City Lots Adjacent To 6807 Wilton Drive To Resolve A View Claim From Phyllis Bishop 12 0021 A motion was made by Councilmember Schaaf, seconded by Councilmember Kernighan, that this matter be Adopted with removal of item 21 identified in the conditions of approval. The motion carried by the following vote: Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan Upon the reading of Item 9.3 by the City Clerk, the Public Hearing was opened at 7:26 p.m. X individuals spoke on this item. Agency/Councilmember ---- made a motion, seconded by Agency/Councilmember , 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 View Report.pdf View Report.pdf View Supplemental Report.pdf View Report.pdf 84093 CMS.pdf 9.3 Subject: Safeway Project Appeal From: Department Of Planning And Building Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeals A12-146 & A12-148, Thus Upholding The Planning Commission's Approval Of Case Numbers CMDV09-107, TPM-09889, ER09-0006 And Certification Of The EIR For The College Avenue Safeway Project Located At 6310 College Avenue 12-0085 Continued to Meeting of the Oakland City Council on 12/18/2012 View Report.pdf View Report.pdf View Report.pdf View Report.pdf View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf City of Oakland Page 12 Printed on 12/17/12",12,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council ACTION ON OTHER NON-CONSENT CALENDAR ITEMS: 10 THIS NUMBER INTENTIONALLY NOT USED 11 Subject: Non-Owner-Occupied Ordinance From: Councilmember Desley Brooks Recommendation: Adopt An Ordinance Amending The Oakland Municipal Code To Establish A New Chapter 8.58 Requiring The Registration And Inspection Of Transferred, Improved Residential Real Property Of One To Four Units That Is Not Occupied By The New Owner And The Abatement Of Health And Safety Violations And Amending The Master Fee Schedule To Provide New Fees For This Ordinance 11-0541-1 A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, that this matter be Approved for Final Passage. The motion carried by the following vote: Votes: Abstained; 1 - President Reid Aye; 7 - Councilmember Kaplan, Councilmember Brunner, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf 13141 CMS.pdf 12 Subject: Settlement Alliance Recycling, Inc. From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Alliance Recycling Inc. V. City Of Oakland Et Al. Alameda County Superior Court No. RG10509612 In The Amount Of $73,800 (City Administrator, Police Services Agency) 12 0108 View Report.pdf 84085 CMS.pdf 13 -Subject: Settlement State Farm From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of State Farm Mutual Automobile Insurance Company V. City Of Oakland, Alameda County Superior Court Case No RG11578636 In The Amount Of $13,763.00 (Public Works Agency Tree Limb) 12 0107 View Report.pdt 84086 CMS.pdf 14 Subject: Settlement Ruby Ng From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Ruby Ng y City Of Et Al, Alameda County Superior(€ Court Case No, RG11589245, City Attorney's File No. 28280, In The Amount Of Thirty Five Thousand Dollars And No Cents ($35,000.00). (Public Works). 12 0106 View Report.pdt 84087 CMS.pdf City of Oakland Page 13 Printed on 12/17/12",13,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 15 -Subject: Settlement Veronica Hodge From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Veronica Hodge V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG11579929, City Attorney's File No. X03702, In The Non Wage Settlement Amount Of Forty Eight Thousand Dollars And No Cents ($48,000.00) (Personnel, Human Resources) 12 0105 View Report.pdf 84088 CMS.pdf 16 Subject: Hydraulic Fracturing Moratorium From: Vice Mayor Nancy Nadel Recommendation: Adopt A Resolution Requesting The Governor And The State Of California's Division Of Oil, Gas And Geothermal Resources (""DOGGR"") To Move Swiftly To Place A Moratorium On Hydraulic Fracturing And On The Disposal Of Fracking Wastewater By Injection Wells Until The DOGGR, In Conjunction With State And Local Authorities, Makes A Determination That Such Processes Are Safe For Public Health, For The State's Water Supply, And For The Environment 12-0045 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: No; 1 - Councilmember Brooks Aye; 7 - Councilmember Kaplan, Councilmember Brunner, President Reid, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf View Supplemental Report.pdf 84094 CMS.pdf 17 -Subject: Settlement Samantha And Gary Wise From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Samantha And Gary Wise, In The Amount Of $26,000.00, As A Result Of Property Damage Sustained Caused By An Obstructed City Sewer Main. (Public Works Agency) 12 0111 View Report.pdf 84089 CMS.pdf 18 -Subject: Settlement Terilyn And Felipe Gudino From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To- Compromise And Settle The Claim Of Terilynn And Felipe Gudino, In The Amount Of $11,823.37, As A Result Of Property Damage Sustained Caused By Raw Sewage Surcharge. (Public Works Agency) 12 0110 View Report.pdf 84090 CMS.pdf City of Oakland Page 14 Printed on 12/17/12",14,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 19 Subject: Public Library Trust Fund From: Oakland Public Library Recommendation: Adopt A Resolution (1) Authorizing The City Administrator To Close Project C325110, In The Oakland Public Library Trust Fund (7540), And Transfer The Remaining Uncommitted Revenue And Appropriation Of Up To $325,000 To A New Project To Be Used For Upgrades And Refurbishment Of Three Oakland Public Library Branches: Brookfield, Dimond And Montclair, And (2) To Apply For, Accept And Appropriate Additional Grants And Donations To Be Used For The Same Purpose. 12-0088 *Rescheduled to Meeting of the Oakland City Council on 12/4/2012 View Report.pdf View Supplemental Report.pdt 84127 CMS.pdf 20 Subject: Oakland Alliance Report From: Councilmember Desley Brooks Recommendation: Receive An Informational Report From The Oakland Alliance For Boys And Men Of Color 12-0104 A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, that this matter be *Received and Filed. The motion carried by the following vote: Votes: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf View Report.pdf 21 Subject: Union Pacific Railroad Project From: Public Works Agency Recommendation: Adopt A Resolution Authorizing City Administrator, Or Her Designee, To: (1) Accept And Appropriate $200,000.00 From, And (2) Enter Into An Agreement With, Union Pacific Railroad Company (UPRR) For The Reimbursement Of The City's Costs Of: (A) Resurfacing Certain Portions Of Embarcadero West Between Webster Street And Clay Street That Adjoin UPPR's Railroad Track Repair And Improvement Project, And (B) Providing Traffic Control For The Resurfacing Work And UPRR Project, In An Amount Not To Exceed $200,000.00 12-0120 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: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Report.pdf View Report.pdf 84095 CMS.pdf City of Oakland Page 15 Printed on 12/17/12",15,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council 22 Subject: Coliseum Wireless License Agreement From: Office Of The City Administrator Recommendation: Adopt A Resolution Approving And Authorizing The Execution Of A License Agreement Between Verizon Wireless And The Oakland Alameda County Coliseum Authority And Certain Related Matters 12-0119 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: Aye; 8 - Councilmember Kaplan, Councilmember Brunner, President Reid, Councilmember Brooks, President Pro Tempore De La Fuente, Councilmember Schaaf, Vice Mayor Nadel and Councilmember Kernighan View Reportpdf View Report.pdf 84096 CMS.pdf 23 Subject: Citizens' Police Review Board From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Denise K. Top And Dominic V. Signorotti As Members And Larissa Casillas As Alternate On The Citizens' Police Review Board 120128 View Report.pdf View Report.pdf 84091 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 Jane Powell, Francis Petrash and Warren Wilson at 8:51 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 16 Printed on 12/17/12",16,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf OaklandCityCouncilandtheYouthAdvisoryCommission,2012-11-13,"* Special Meeting of the Oakland Meeting Minutes November 13, 2012 City Council City Clerk and Clerk of the Council City of Oakland Page 17 Printed on 12/17/12",17,OaklandCityCouncilandtheYouthAdvisoryCommission/2012-11-13.pdf