body,date,text,page,path OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza Meeting Minutes Oakland, California 94612 CITY TOF LaTonda Simmons, City Clerk OAKLAND Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Tuesday, December 18, 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 5:52p.m. 2 Roll Call / City 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 Present: 8 - President Pro Tempore De La Fuente, Vice Mayor Reid, Councilmember Brunner, Vice Mayor Nadel, Council President Kernighan, Councilmember Brooks, President Pro Tempore Kaplan and Councilmember Schaaf 3 Open Forum / Citizens Comments (Time Available: 15 minutes) There were 33 speakers during Open Forum. 4 ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements): Council President Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Nancy Johnson, Ralph Neary, and the Sandy Hook victims. Councilmember Brooks requested association with the tribute for Ralph Neary. Councilmember Schaaf took a point of personal privilege and requested that the meeting be adjourned in memory of Rejoice Stovall Moss, Jay Rose, and the 123 Victims of violence. Mayor Quan took a point of personal privilege and requested that the meeting be adjourned in memory of Dave Brubeck and Dan Inouye. She further requested association with the tribute of Rejoice Stovall Moss. City of Oakland Page 1 Printed on 8/15/14",1,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 4.1 Subject: Honoring Ignacio De La Fuente From: Council President Larry Reid Recommendation: Adopt A Resolution Honoring President Pro Tem Ignacio De La Fuente For 20 Years For Exemplary Service To The People Of Oakland As A Distinguished Member Of The Oakland City Council 12-0201 A motion was made by President Pro Tempore Kaplan, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf 84131 CMS.pdf 4.2 Subject: Honoring Jane Brunner From: Council President Larry Reid Recommendation: Adopt A Resolution Honoring Jane Brunner For 16 Years For Exemplary Service To The People Of Oakland As A Distinguished Member Of The Oakland City Council 12-0200 A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84132 CMS.pdf City of Oakland Page 2 Printed on 8/15/14",2,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 4.3 Subject: Honoring Nancy Nadel From: Council President Larry Reid Recommendation: Adopt A Resolution Honoring Vice Mayor Nancy Nadel For 16 Years For Exemplary Service To The People Of Oakland As A Distinguished Member Of The Oakland City Council 12-0203 A motion was made by President Pro Tempore Kaplan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84133 CMS.pdf 4.4 Subject: Honoring Ron Snyder From: Council President Reid Recommendation: Adopt A Resolution Honoring Ron Synder For Almost 40 Years Of Exemplary Dedication And Outstanding Community Service 12-0209 A motion was made by Councilmember Schaaf, seconded by Vice Mayor Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84134 CMS.pdf City of Oakland Page 3 Printed on 8/15/14",3,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 4.5 Subject: Jeffrey P. Levin - Commendation From: Council President Reid and Councilmember Brunner Recommendation: Adopt A Resolution Commending Jeffrey P. Levin, Housing Policy & Programs Manager, For Over 28 Years Of Service As An Affordable Housing Professional With The City Of Oakland 12-0215 A motion was made by Councilmember Brunner, seconded by Vice Mayor Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf 84135 CMS.pdf 4.6 Subject: Recognizing The Apollo Class of 1981 & Establishing January 2013 As Martin Luther King, Jr. Month From: Councilmember Brunner Recommendation: Adopt A Resolution Recognizing The Apollo Class Of 1981 From Oakland Technical High School, On The 30th Year Observance Of California's Dr.Martin Luther King, Jr. Holiday, For Their Significant Role In The Creation Of The Martine Luther King Jr. Day Holiday, And Their Further Effort To Estabhlish January As National King Month, By Establishing ""Oakland's Martin Luther King, Jr. Month"" Beginning January 2013. 12-0214 A motion was made by Councilmember Brunner, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84136 CMS.pdf City of Oakland Page 4 Printed on 8/15/14",4,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF DECEMBER 4, 2012 A motion was made by Vice Mayor Nadel, seconded by Council President Kernighan, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks 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 this time a motion was made by Councilmember Brunner, seconded by Councilmember Brooks to pull item 7.3 from the consent calendar and place it on the Non-Consent portion of the January 15, 2013 Special City Council Agenda. At this time a motion was made by Councilmember Brooks, seconded by Pro Tem De La Fuente to pull item 7.3 from the consent calendar and place it on the Non-Consent portion of the January 15, 2013 Special City Council Agenda. At this time it was also noted that item 7.4 would not be discussed. 7. CONSENT CALENDAR (CC) ITEMS: 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 12-0196 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84137 CMS.pdf City of Oakland Page 5 Printed on 8/15/14",5,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 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 12-0197 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84138 CMS.pdf 7.3-CC Subject: Mobile Food Vending Regulations Extensions From: Department Of Planning And Building Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Extending Interim Regulations With Minor Amendments For Permitting Mobile Food Vending Group Sites Within A Limited Area Of The City Of Oakland Defined, In Part, By City Council Districts 1,2,3, And 4. The Interim Regulations Contained Herein Shall Remain In Place And Be Effective Until The City Council Adopts New Permanent Mobile Food Vending Regulations. 12-0136 This Matter was *Withdrawn and Rescheduled on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf 13152 CMS.pdf 2) An Ordinance Amending The Master Fee Schedule (Ordinance No. 13133 C.M.S. As Amended) To Reduce The Interim Food Vending Group Site Operation Date Fee 12-0136-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks 13150 CMS.pdf City of Oakland Page 6 Printed on 8/15/14",6,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"Member Of The Oakland-Alameda County Coliseum Authority Board Of Commissioners Replacing Outgoing Council Member Ignacio De La Fuente Beginning January 21, 2013 And Ending January 20, 2015 12-0198 This Matter was No Action Taken on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf 84187 CMS.pdf 7.5-CC Subject: Settlement - Ruth Ann Binder From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Ruth Ann Binder, In The Amount Of $10,158.02, As A Result Of Property Damage Sustained Caused By A City Tree (Public Works Agency) 12-0199 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84139 CMS.pdf 7.6-CC Subject: Settlement - Dan Kitamura From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Dan Kitamura, In The Amount Of $40,533.61, As A Result Of Property Damage Sustained Caused By An Obstructed City Sewer Main. (Public Works Agency) 12-0207 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84140 CMS.pdf City of Oakland Page 7 Printed on 8/15/14",7,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 7.7-CC Subject: Settlement - John Weston Osborn From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of John Weston Osborn V. City Of Oakland, Alameda County Superior Court Case No. RG11587945 In The Amount Of $$3,300.00 (Police Department) 12-0205 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84141 CMS.pdf 7.8-CC Subject: Settlement - Paul Crum From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Paul Crum V. City Of Oakland, Alameda County Superior Court Case No. RG12622606 In The Amount Of $15,000.00 As A Result Of Wrongful Termination (Office Of Public Works - OPW) 12-0206 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84142 CMS.pdf City of Oakland Page 8 Printed on 8/15/14",8,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 7.9-CC Subject: Settlement Agreement - Laube From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Chloe Ann Laube V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG11609016, In The Amount Of $55,000.00 As A Result Of A Fall At The Redwood Heights Recreation Center On January 27, 2011 (Parks & Recreation) 12-0211 This Matter was Withdrawn and Rescheduled to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdt 84185 CMS.pdf 7.10-CC Subject: Port Of Oakland Conflict Of Interest Code From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving A Conflict Of Interest Code For Designated Employees And Consultants Of The Port Of Oakland 12-0204 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf View Supplemental.pdf 84143 CMS.pdf City of Oakland Page 9 Printed on 8/15/14",9,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 7.11-CC Subject: Conflict Of Interest Code Amendment From: Office Of The City Attorney Recommendation: Adopt An Ordinance Amending The City Of Oakland's Conflict Of Interest Code (Ordinance Number 11562 C.M.S Adopted March 23, 1993, As Amended, Oakland Municipal Code Chapter 3.16) Enacting A Conflict Of Interest Code For City Of Oakland Employees, Members Of Boards And Commissions, And Consultant Positions To Update The Designation Of Positions Covered By The Code 12-0202 This Matter was Approved On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf View Supplemental Report.pdf 13142 CMS.pdf S-7.12-CC Subject: Montclair Garage Management From: Department Of Public Works Recommendation: Adopt A Resolution Waiving Formal Advertising And Request For Proposals/Request For Qualifications (""RFP/RFQ"") And Authorizing The City Administrator To 1) Extend The Existing Contract On A Month-To-Month Basis For A Period Not-To-Exceed Twelve Months From December 31, 2012 Through December 31, 2013 At A Compensation Rate Of Up To $15,900.00 A Month (Including A $900.00 Per Month Management Fee And Up To $15,000.00 A Month In Garage Operating Expenses) And 2) Negotiate A New Contract For An Initial Period Of Three Years, With A Two-Year Extension, Contingent Upon Satisfactory Evaluation Of Performance, With The Montclair Village Association For The Operation And Management Of Montclair Garage Located On 6235 La Salle And Scout Lot Located On 2250 Mountain Boulevard 12-0177 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84144 CMS.pdf City of Oakland Page 10 Printed on 8/15/14",10,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-7.13-CC Subject: Encroachment Permit - 2101 Telegraph From: Department Of Planning And Building Recommendation: Adopt A Resolution Granting 2101 Telegraph Avenue Associates A Conditional And Revocable Permit To Allow An Existing Under Sidewalk Basement And Portions Of The Building Facade Of The Hamilton Hotel Apartments Located At 2101 Telegraph Avenue To Encroach Into The Public Right-Of-Way Along Telegraph Avenue And 21st Street 12-0184 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf 84145 CMS.pdf S-7.14-CC Subject: Civil Service Board Recommendations From: Department Of Human Resources Management Recommendation: Adopt A Resolution Recommending To The Civil Service Board The Exemption Of The Following Classifications From The Operation Of The Civil Service: Engineer, Civil Principal; Performance Audit Manager; Manager, Crime Laboratory; And Controller 12-0145 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84146 CMS.pdf City of Oakland Page 11 Printed on 8/15/14",11,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-7.15-CC Subject: Salary Schedule Amendment - -Mayor's Office Classifications From: Department Of Human Resources Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Change The Title Of Administrative Assistant To The Mayor To Special Assistant To The Mayor I; And To Change The Title Of Special Assistant To The Mayor To Special Assistant To The Mayor II; And To Add Permanent Part Time And Part Time Designations For The Classifications Of Special Assistant To The Mayor I And Special Assistant To The Mayor II; And To Add The Classification Of Special Assistant To The Mayor III; And To Remove The Classifications Of Mayor's Public Service Employee 14 (CONF), Mayor's Public Service Employee 51, Mayor's Public Service Employee 51 PPT, Mayor's Public Service Employee 51 Pt, Public Service Employee 14, Public Service Employee 14 Pt, Public Service Employee 51, Public Service Employee 51 PPT, Public Service Employee 51 PT, Public Service Employee 51 (CONF), And Public Service Employee 51 PPT (CONF) 12-0178 A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf 13143 CMS.pdf S-7.16-CC Subject: Ordinance Nos. 13125 And 13130 C.M.S. Correction From: Department Of Human Resources Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Make Corrections To Ordinance No. 13125 C.M.S. And Ordinance No. 13130 C.M.S. 12-0179 A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental.pc 13144 CMS.pdf City of Oakland Page 12 Printed on 8/15/14",12,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-7.17-CC Subject: 2011 - 2012 ORSA Annual Report From: Office Of Neighborhood Investment Recommendation: Receive An Informational Report Presenting The Oakland Redevelopment Successor Agency (Agency) Fiscal Year 2011-2012 Annual Reports On Blight, Housing Activity, Loans, Property, And Time Limits In Accordance With The Reporting Requirements Of The California Community Redevelopment Law 12-0188 This Matter was *Received and Filed on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf S-7.18-CC Subject: CalTrans Purchase Agreement From: Office Of Neighborhood Investment Recommendation: Adopt An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement With Caltrans For The Sale Of An Approximately 3-Acre Fee-Owned Parcel And 3-Acre Easement Area Located At The Former Oakland Army Base For 5,750,000, Less Any Costs For Required Easements; And 12-0118 This Matter was Approved On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks There was one speaker on this item. View Report.pdf View Report.pdf View Supplemental.pdf 13145 CMS.pdf City of Oakland Page 13 Printed on 8/15/14",13,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 2) A Successor Agency Resolution Authorizing The Agency Administrator To Negotiate And Execute A Purchase And Sale Agreement With Caltrans For The Sale Of An Approximately 3-Acre Fee-Owned Parcel And 3-Acre Easement Area Located At The Former Oakland Army Base For $5,750,000, Less Any Costs For Required Easements 12-0118-1 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks 2012-012 ORSA.pdf S-7.19-CC Subject: Affordable Housing Trust Fund Project Fund Staffing From: Department Of Housing And Community Development Recommendation: Adopt A Resolution Appropriating $966,709 From The Affordable Housing Trust Fund For Housing Development Project Funding And $240,000 From The Affordable Housing Trust Fund For Project Staffing 12-0183 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84147 CMS.pdt S-7.20-CC Subject: Owner Participation Agreement - SKS Broadway From: Office Of Neighborhood Investment Recommendation: Adopt The Following Pieces Of Legislation: 1) An Oakland Redevelopment Successor Agency Resolution Authorizing An Amendment To An Owner Participation Agreement With SKS Broadway LLC To Extend Development Deadlines For A Mixed-Use Project At 1100 Broadway; And 12-0185 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 2012-013 ORSA.pdf City of Oakland Page 14 Printed on 8/15/14",14,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 2) An Ordinance Authorizing An Amendment To A Purchase And Sale Agreement With SKS Broadway LLC For Sale Of The Public Parking Garage At 409 - 12th Street To Extend Purchase Deadlines 12-0185-1 This Matter was Approved On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 13148 CMS.pdf S-7.21-CC Subject: Housing Board Policy Committee From: Department Of Housing And Community Development Recommendation: Adopt A Resolution Authorizing The Housing, Residential Rent And Relocation Board To Establish A Standing Policy Committee 12-0175 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf 84148 CMS.pdf City of Oakland Page 15 Printed on 8/15/14",15,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"Additional CSBG Funding That May Become Available For Existing Programming Without Returning To Council; 3) Waive All Central Services Overhead Charges Associated With The Grant; 4) Extend And Amend Calendar Year 2012 Grant Agreements And Contracts In Amounts Not To Exceed $50,000 Total For Each Agreement; And 5) Negotiate, Execute, Extend And Amend Calendar Year 2013 Grant Agreements And Contracts With Service Providers In Alignment With The City's 2012-2013 State Approved Community Action Plan In Amounts Not To Exceed $50,000 Each 12-0190 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdt 84149 CMS.pdf S-7.23-CC Subject: California Environmental Protection Agency Grant Funds From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate Grant Funds From The California Environmental Protection Agency (CalEPA) To The Oakland Fire Department (OFD) In The Amount Of Seventy-Eight Thousand Seven Hundred And Fifty-Six Dollars ($78,756) To Purchase California Electronic Reporting System (CERS) Compatible Software and Computers To Provide A Means For Business Workshops For Oakland Companies To Submit Hazardous Materials Reporting Information To The Certified Unified Program Agency (CUPA) As Required By AB 2286 12-0170 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84150 CMS.pdf City of Oakland Page 16 Printed on 8/15/14",16,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-7.24-CC Subject: Cal Fire Grant Funds - US&R Training From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee To Apply For, Accept, And Appropriate Funds From The State Of California Fire And Rescue Training Authority (CFRTA) To The Oakland Fire Department In The Amount Of One-Hundred Thousand Dollars ($100,000) For A Scheduled Mobilization Exercise To Meet Personnel And Supply Expenses For The Training Of The Oakland Fire Department's Urban Search And Rescue (US&R) Team 12-0159 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84151 CMS.pdf S-7.25-CC Subject: MHN Contract Extension - Counseling Services From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Exercise The Option To Extend The Contract With Managed Health Network (MHN) To Continue Providing Psychological Counseling Services For Sworn Members Of The Police Department And Their Dependents For An Additional Term, For The Period Of December 1, 2012 Through June 30, 2014, In The Amount Of $100,000 (One Hundred Thousand Dollars) 12-0167 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84152 CMS.pdf City of Oakland Page 17 Printed on 8/15/14",17,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-7.26-CC Subject: Juvenile Accountability Block Grant From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee, To: 1) Enter Into A Grant Program Administration Agreement With The State Of California, Corrections Standards Authority, For Juvenile Accountability Block Grant (JABG) Funds; 2) Accept, Appropriate, And Administer JABG Direct Allocation Funds Fiscal Year 2012-2013 To The Oakland Police Department In The Amount Of $42,227 For The School Safety Policing Project For The Period July I, 2012 - June 30, 2013; And 3) Waive The Central Services Overhead (CSO) Charges Of$1,541 12-0189 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84153 CMS.pdf S-7.27-CC Subject: Juvenile Justice And Delinquency Prevention From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator 1) To Accept And Appropriate A Second Chance Act Juvenile Offender Reentry Evaluation Grant In An Amount Not To Exceed $750,000 From The U.S. Department Of Justice, Office Of Juvenile Justice And Delinquency Prevention (OJJDP) And 2) To Enter Into Two Year Grant Agreements With Various Public And Non Profit Partners Named In The Grant For An Estimated Amount Not To Exceed $576,800 From January 1, 2013 Through December 31, 2014 12-0186 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84154 CMS.pdf City of Oakland Page 18 Printed on 8/15/14",18,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-7.28-CC Subject: Contract Award - Resource Development Associates From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A Contract Between The City Of Oakland And Resource Development Associates In An Amount Not To Exceed Three Hundred And Five Thousand Dollars ($305,000) Annually For Outcome And Process Evaluation Services For Measure Y Violence Prevention And Community Policing Programs With Two One-Year Options To Renew For The FY 2012-15 Funding Cycles 12-0161 This Matter was Adopted on the Consent Agenda. Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84155 CMS.pdf Passed The Consent Agenda A motion was made by Councilmember Schaaf, seconded by Council President Kernighan, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks 8 Oral Report of Final Decisions Made During Closed Session & Disclosure of Non-Confidential closed session discussions A motion was made by Council President Kernighan, seconded by President Pro Tempore Kaplan, to *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA: 9. CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS: City of Oakland Page 19 Printed on 8/15/14",19,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened at 8:36 p.m. 0 individuals spoke on this item. Agency/Councilmember Brooks made a motion, seconded by Agency/Councilmember De La Fuente, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid -8 9.1 Subject: 2013-2014 Rockridge Business Improvement District Assessment From: Office Of Economic And Workforce Development Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Annual Report Of The Rockridge Business Improvement District Advisory Board And Levying The Annual Assessment For The Rockridge Business Improvement District For Fiscal Year 2013/14 12-0139-1 A motion was made by Councilmember Brooks, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84156 CMS.pdf Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 8:37 p.m. 0 individuals spoke on this item. Agency/Councilmember Schaaf made a motion, seconded by Agency/Councilmember De La Fuente, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid -8 City of Oakland Page 20 Printed on 8/15/14",20,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 9.2 Subject: 2013-2014 Montclair Business Improvement District Assessment From: Office Of Economic And Workforce Development Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Annual Report Of The Montclair Business Improvement District Advisory Board And Levying The Annual Assessment For The Montclair Business Improvement District For Fiscal Year 2013/14 12-0138-1 A motion was made by Councilmember Schaaf, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84157 CMS.pdf Upon the reading of Item 9.3 by the City Clerk, the Public Hearing was opened at 8:38 p.m. 3 individuals spoke on this item. Agency/Councilmember Schaaf made a motion, seconded by Agency/Councilmember Kernighan, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid -6 Noes: Brooks, Brunner - 2 City of Oakland Page 21 Printed on 8/15/14",21,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"Wireless Telecommunication Facility Appeal From: Department Of Planning And Building Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal (A12-172) Of The Decision Of The Oakland Planning Commission, To Grant Approval Of An Application For A Major Conditional Use Permit And Regular Design Review To Make Alterations To An Existing Wireless Telecommunication Facility Located In A Commercial Zone Property, At 5745 Thornhill Drive (Planning Case File: CMD12-056) 12-0210 A motion was made by Councilmember Schaaf, seconded by Council President Kernighan, that this matter be Adopted as Amended to revise the condition 14 to specify post monitor testing be performed at appelants residence and apartment below monitor with the permission of the tenants. The motion carried by the following vote: Votes: ORAICouncilmember Noes: 2 - Councilmember Brunner and Councilmember Brooks ORAICouncilmember Ayes: 6 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Council President Kernighan and President Pro Tempore De La Fuente View Report.pdf 84158 CMS.pdf Upon the reading of Item 9.4 by the City Clerk, the Public Hearing was opened at 9:19 p.m. 0 individuals spoke on this item. Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember Brooks, to close the Public Hearing, and hearing no objections, the motion passed as amended by Ayes: Agency/Councilmember. Brooks, Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid -8 City of Oakland Page 22 Printed on 8/15/14",22,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 9.4 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, And Approving The Major Conditional Use Permits, Design Review And Minor Variances For A Revised Project Based Upon An Agreement Between The Appellants And The Applicant That Includes A New Safeway Grocery Store Of No More Than 45,500 Square Feet And Retail Of No More Than 9,500 Square Feet Under Case Numbers CMDV09-107, TPM-09889, ER09-0006 And Certification Of The EIR And Addendum For The College Avenue Safeway Project Located At 6310 College Avenue(TITLE CHANGE) 12-0085 A motion was made by Councilmember Brunner, seconded by Councilmember Brooks, that this matter be Adopted as Amended per the settlement agreement distributed by Councilmember Brunner. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Report.pdf View Report.pdf View Report.pdf View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 84159 CMS.pdf Upon the reading of Item 9.5 by the City Clerk, the Public Hearing was opened at 9:54 p.m. 67 individuals spoke on this item. Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Schaaf, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember Brooks, Brunner, De La Fuente, Kaplan, Kernighan, Nadel, Schaaf, and President Reid -8 City of Oakland Page 23 Printed on 8/15/14",23,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 9.5 Subject: New Dog Play Area Appeal From: Department Of Planning And Building Recommendation: Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Upholding The Appeal (A12-062), Of The Decision Of The Oakland Planning Commission, And Granting Approval Of An Application For A Minor Conditional Use Permit For The Creation Of A New Dog Play Area At Lakeview Park (Planning Case File No. Cull-208); Or 11-0624 Continued to Meeting of the Oakland City Council on 2/5/2013 View Report.pd View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 2) A Resolution Denying The Appeal (A12-062), Of The Decision Of The Oakland Planning Commission And Denying The Application For A Minor Conditional Use Permit For The Creation Of A New Dog Play Area At Lakeview Park (Planning Case File No. Cull-208) 11-0624-1 A substitute motion was made by Councilmember Brunner, Seconded by Councilmember Kernighan to continue the item until April 15, 2013 to allow the City Administrator and Mayor to return with a proposal for alternative site and funding sources. The motion failed with a vote of 3 Ayes, 5 Noes - Brooks, De La Fuente, Kaplan, Nadel, Schaaf. Vice Mayor Nadel made a motion, seconded by Councilmember Schaaf to uphold the appeal and approve the application for a dog play area. The motion tied with a vote of 4 Ayes, 4 Noes - Brunner, Brooks, Kernighan, Reid. Pursuant to Rule 29 of Resolution 82580 C.M.S. Council's Rules of Procedure, this item will return to the next regularly scheduled City Council agenda to allow the mayor to cast the tie breaking vote. ACTION ON OTHER NON-CONSENT CALENDAR ITEMS: Councilmember Brooks made a motion seconded by Councilmember Kaplan to approve the urgency finding on item 10 for the following reasons 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 is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting; The motion passed with a vote of 7 Ayes, 1 No - Schaaf City of Oakland Page 24 Printed on 8/15/14",24,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 10 Subject: Goldman Sachs Debarment From: Councilmember Desley Brooks Recommendation: Motion Requesting The City Administrator To Initiate Debarment Proceedings Pursuant To Oakland Municipal Code (OMC) Chapter 2.12 Against Goldman Sachs, And To Provide A Report Status Of The Proceedings At The Second Council Meeting In March 2013 12-0218 A motion was made by Councilmember Brooks, seconded by President Pro Tempore Kaplan, that this matter be *Approve as Submitted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks 11 Subject: November 6, 2012 Election Results From: Office Of The City Clerk Recommendation: Adopt A Resolution Declaring The Results Of The City Of Oakland General Municipal Election Held On Tuesday, November 6, 2012 12-0208 A motion was made by President Pro Tempore Kaplan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf 84160 CMS.pdf City of Oakland Page 25 Printed on 8/15/14",25,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 12 Subject: Architectural Services Agreements From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator, Or Her Designee, To Enter Into Professional Services Agreements In An Amount Not To Exceed One-Hundred Fifty Thousand Dollars ($150,000.00) Each With 1) Architecture Dimensions, 2) Devi-Dutta-Choudhury, 3) Hibser Yamauchi Architects, And 4) Vargas Greenan Architecture For On-Call Architectural Services Over A Period Of Three Years 12-0157 A motion was made by Councilmember Brooks, seconded by Vice Mayor Reid, that this matter be Not Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental.pd 2) A Resolution Authorizing The City Administrator, Or Her Designee, To Enter Into Professional Services Agreements In An Amount Not To Exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) Each With 1) Byrens Kim Design Works, 2) Dougherty & Dougherty Architects, 3) Group 4 Architects Research, 4) Mve Institutional Inc., 5) Muller Caulfield Architects, 6) Murakami & Nelson, 7) Noll & Tam Architects, 8) RPR Architects, And 9) Shah Kawasaki Architects For Oncall Architectural Services Over A Period Of Three Years 12-0157-1 A motion was made by Councilmember Brooks, seconded by Council President Reid to direct staff to do an ""expedited RFP process, allowing all current bids to stand while expanding outreach and allowing new proposals to be submitted. Once the new proposals have submitted staff is directed to evaluate all proposals in the expanded pool and provide recommendations to Council. The motion passed with a vote of 8 Ayes. At this time a motion was made by Councilmember Kernighan, Seconded by Councilmember Nadel to extend the Meeting of the Oakland City Council past midnight. The motion passed with a vote of 8 ayes. City of Oakland Page 26 Printed on 8/15/14",26,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 13 Subject: Modification of the Taxi Vehicle Permit (Medallion) Fee From: Vice Mayor Reid and Pro Tempore De La Fuente Recommendation: Adopt An Ordinance Amending Ordinance No. 13078 C.M.S., The Master Fee Schedule, As Amended, To Modify The Annual Fee Of The Taxi Vehicle Permit (Medallion) Assessed By The Office Of The City Administrator 12-0216 A motion was made by President Pro Tempore De La Fuente, seconded by Vice Mayor Reid, that this matter be Approved On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting. The motion carried by the following vote: Votes: ORAICouncilmember Noes: 3 - Councilmember Schaaf, Vice Mayor Nadel and Council President Kernighan ORAICouncilmember Ayes: 5 - President Pro Tempore Kaplan, Vice Mayor Reid, Councilmember Brunner, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 13173 CMS.pdf S-14 Subject: Graffiti Enforcement From: Vice Mayor Nadel And The Office Of The City Attorney Recommendation: Adopt An Ordinance Amending And Restating Oakland Municipal Code Chapter 8.10 To Provide Comprehensive Enforcement Of Vandalism By Defacement Of Property (Graffiti) Through Oakland And State Law, Establishing New Remedies Against Violators, Providing For Restorative Justice For Offenders, A Fund For Rewards And To Assist Victims, And Incorporating State Law Allowing For Liens Against Property Of Offenders 12-0112 A motion was made by Vice Mayor Nadel, seconded by President Pro Tempore Kaplan, to Approved As Amended On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting to include ""tagging and tagger"" in the definition The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 13146 CMS.pdf City of Oakland Page 27 Printed on 8/15/14",27,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-15 Subject: Cityworks Contract Amendment From: Public Works Agency Recommendation: Adopt A Resolution: (1) Amending The Contract With Azteca Systems, Inc., For The Purchase Of Licensing, Software Maintenance Services And Software Upgrades For The City's Cityworks Computerized Maintenance Management System, (2) Increasing The Contract Amount By $550,000.00 And Extending The Contract For An Additional Five-Year Term, And (3) Authorizing The City Administrator To Waive Advertising, Competitive Bidding And The Request For Proposals/Qualifications Requirements 12-0131 A motion was made by President Pro Tempore Kaplan, seconded by Council President Kernighan, that this matter be Adopted as Amended to approve an increase of $328,000 The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf 84161 CMS.pdf S-16 Subject: Army Base Interim Leasing Report From: Office Of Neighborhood Investment Recommendation: Receive An Informational Report Regarding The Oakland Army Base Interim Leasing Program 12-0143 A motion was made by President Pro Tempore Kaplan, seconded by Councilmember Brunner, that this matter be *Received and Filed. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks The Council indicated that the vacation dates should not be prior to May 31, 2013. View Report.pdf City of Oakland Page 28 Printed on 8/15/14",28,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-17 Subject: Tenant Leases In The City Administration Building Complex From: Office Of Neighborhood Investment Recommendation: Adopt An Ordinance, Amending Ordinance No. 12079 C.M.S., Authorizing The City Administrator To Negotiate And Execute Tenant Leases In The City Administration Building Complex 12-0181 A motion was made by Council President Kernighan, seconded by President Pro Tempore Kaplan, that this matter be Approved On Introduction and Scheduled for Final Passage to the * Special Meeting of the Oakland City Council, to be heard at the January 22, 2013 meeting. The motion carried by the following vote: Votes: ORACouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf 13147 CMS.pdf S-18 Subject: Allocating Funds From The Measure Y Reserve From: Department Of Human Services Recommendation: Adopt A Resolution Allocating $590,000 From The Measure Y Reserve From Fiscal Year 2012-2013 Through Fiscal Year 2014-2015 For Various Non-Profit Agencies, Consistent With The Current Measure Y Program Strategy Areas. 12-0180 A motion was made by Vice Mayor Nadel, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf 84162 CMS.pdf Councilmember Kaplan made a motion seconded by Councilmember Schaaf to approve the urgency finding on item S-19 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 is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting the motion passed with a vote of 8 ayes. City of Oakland Page 29 Printed on 8/15/14",29,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council S-19 Subject: Sales And Use Tax Records Representative From: Office Of The City Attorney Recommendation: Adopt A Resolution Of The City Council Of The City Of Oakland Designating And Authorizing Douglas R. Boyd Of The Law Office Of Douglas R. Boyd A Counsel, As A City Representative To Examine Sales And Use Tax Records 12-0217 A motion was made by President Pro Tempore Kaplan, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Abstained: 1 - Councilmember Brooks ORAICouncilmember Ayes: 7 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan and President Pro Tempore De La Fuente View Report.pdf 84163 CMS.pdf S-20 Subject: Billboard Franchise Revenue Allocation From: Office Of Economic And Workforce Investment Recommendation: Adopt A Resolution Appropriating And Allocating Revenue Generated From The Oakland Army Base Billboard Franchise And Lease Agreement To The West Oakland Job Resource Center And Other Oakland Army Base Community Benefits-Related Uses Including Staff 12-0195 A motion was made by Council President Kernighan, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORAICouncilmember Ayes: 8 - President Pro Tempore Kaplan, Councilmember Schaaf, Vice Mayor Reid, Vice Mayor Nadel, Councilmember Brunner, Council President Kernighan, President Pro Tempore De La Fuente and Councilmember Brooks View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 84164 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 Nancy Johnson, Ralph Neary, The victims in Newtown, CT, Rejoice Stovall, Jay Rose, the Oakland residents killed by violence, Dave Ruback, and Dan Inouye at 2:04 a.m. City of Oakland Page 30 Printed on 8/15/14",30,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2012-12-18,"* Concurrent Meeting of the Meeting Minutes December 18, 2012 Oakland Redevelopment Successor Agency and the City Council 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) 238-6406 Fax: (510) 238-6699 Recorded Agenda: (510)238-2386 Telecommunications Display Device: (510)238-3254 TTD City Clerk and Clerk of the Council City of Oakland Page 31 Printed on 8/15/14",31,OaklandRedevelopmentSuccessorAgencyandtheCityCouncil/2012-12-18.pdf