body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-04-01,"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, April 01, 2014
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
ORAICouncilmember Present: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
There were 4 Open Forum speakers.
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor, Council
Acknowledgements/Announcements):
Vice Mayor Reid took a point of personal privilege and requested that the
meeting be adjourned in memory of Ann Taylor. Councilmembers Schaaf,
Kernighan and Brooks requested association with this adjournment.
Councilmember Schaaf took a point of personal privilege and requested that the
meeting be adjourned in memory of Lewis Mahlmann.
Councilmember Brooks took a point of personal privilege and requested that
the meeting be adjourned in memory of Robert Mix.
Mayor Quan took a point of personal privilege and requested that the meeting
be adjourned in memory of Anita Kelley Maher.
City of Oakland
Page 1
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
4.1
Subject:
Victims Support Month
From:
Councilmember Lynette Gibson McElhaney
Recommendation: Adopt A Resolution Proclaiming April As Victims Support Month In The
City Of Oakland; Acknowledging The Significant Impact That Crimes Have Upon Victims
And Their Families For Years After Those Crimes Have Occurred; And Recognizing And
Honoring The Many Organizations In Oakland Which Provide Services, Support, And
Counseling To Victims Of Crime And Their Families
13-0391
A motion was made by Councilmember Gibson McElhaney, seconded by
Vice Mayor Reid, that this matter be Adopted. The motion carried by the
following vote:
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
There were no speakers on this item.
View Report.pdf
84899 CMS.pdf
4.2
Subject:
Cesar Chavez Day
From:
Councilmember Noel Gallo
Recommendation: Adopt A Resolution In Celebration Of Cesar Chavez Day Honoring
Oakland Latinos And Latinas Who Through Their Leadership And Community Service Have
Continued The Legacy Of Cesar Chavez
13-0398
A motion was made by Vice Mayor Reid, seconded by Councilmember
Schaaf, that this matter be Adopted. The motion carried by the following
vote:
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
There were no speakers on this item.
View Report.pdf
84900 CMS.pdf
4.3
Subject:
Voluntary 10% Cutback In Water Usage
From:
Council President Patricia Kernighan
Recommendation: Receive An East Bay Municipal Utility District (EBMUD) Presentation On
Voluntary 10% Cutback In Water Usage
13-0387
City of Oakland
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF MARCH 18, 2014
A motion was made by Vice Mayor Reid, seconded by President Pro
Tempore Kaplan, to *Approve as Submitted. The motion carried by the
following vote:
Votes: ORAICouncilmember Absent: 1 - Councilmember Gallo
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Gibson McElhaney, Councilmember Kalb, President Pro Tempore Kaplan, Vice
Mayor Reid, Councilmember Schaaf and Council President 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:
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
13-0424
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84901 CMS.pdf
7.2-CC
Subject:
Medical Cannabis Health Emergency
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A Local
Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In
The City Of Oakland
13-0425
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84902 CMS.pdf
City of Oakland
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
7.3-CC
Subject:
Oakland Youth Advisory Commission Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Appointing Rebecca Dharmapa, Takai Ginwright,
Mahlik Smith, Jamila Coleman, Eleanor Good As Members Of The Oakland Youth Advisory
Commission
13-0426
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
View Supplemental Report.pdf
84903 CMS.pdf
7.4
Subject:
Citizen's Police Review Board Appointment - Sokhom Mao
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Sokhom
Mao To The Citizen's Police Review Board
13-0452
A motion was made by President Pro Tempore Kaplan, seconded by
Councilmember Kalb, that this matter be Adopted. The motion carried by
the following vote:
Votes: ORAICouncilmember Noes: 1 - Councilmember Schaaf
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid and Council President Kernighan
View Report.pdf
View Supplemental Report.pdf
84904 CMS.pdf
7.5-CC
Subject:
Settlement Agreement - Dulcey Bower V. City Of Oakland
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Dulcey Bower V. City Of Oakland, Alameda County
Superior Court Case No. RG12-634283, City Attorney File Number 28770, In The Amount Of
$3,250,000.00 (Public Works Agency - Dangerous Condition/Bicycle Accident)
13-0442
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84905 CMS.pdf
City of Oakland
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
7.6-CC
Subject:
Settlement Agreement - Marilyn Johnson v. City Of Oakland, Et Al.
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Marilyn Johnson V. City Of Oakland, Et Al., Alameda
County Superior Court Case No. RG11-604205, City Attorney's File No. 28468 In The Amount
Of Thirty-Six Thousand Dollars And No Cents ($36,000.00) As A Result Of A Trip And Fall
Accident (Public Works Agency - Trip And Fall)
13-0443
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84906 CMS.pdf
7.7-CC
Subject:
Settlement Agreement - Brandon Chuman V. City of Oakland
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Brandon Chuman V. City Of Oakland, Et Al., Contra
Costa Superior Court Case No. MSC13-02186, City Attorney's File No. 29543, In The Amount
Of Thirty Thousand Dollars ($30,000.00) (Oakland Police Department - Police Dog Bite)
13-0444
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84907 CMS.pdf
7.8-CC
Subject:
Walk To Work Day In Oakland
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution Proclaiming Thursday, April 3, 2014 As Walk To
Work Day In The City Of Oakland
13-0447
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
View Supplemental Report.pdf
84908 CMS.pdt
City of Oakland
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Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
7.9-CC
Subject:
Brain Health Registry Day
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution To Declare April 8th Brain Health Registry Day In The
City Of Oakland
13-0449
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
View Supplemental Report.pdf
84909 CMS.pdf
7.10-CC
Subject:
Ordinance Expanding Park Areas Permitting Dogs
From:
Department Of Parks And Recreation
Recommendation: Adopt An Ordinance Amending Section 6.04.080 Of The Oakland
Municipal Code, Dogs At Large In Parks, To Designate Additional Areas As Permitted
On-Leash And Off-Leash Areas
13-0280
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
13220 CMS.pdf
7.11-CC
Subject:
Amendments To Debt Service Regulations
From:
Department Of Housing And Community Development
Recommendation: Adopt An Ordinance Amending The Rent Adjustment Ordinance (O.M.C.
Sections 8.22.020 And 8.22.070) To Eliminate Debt Service As A Justification For A Rent
Increase
13-0342-3
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report. pdf
13221 CMS.pdf
City of Oakland
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
7.12-CC
Subject:
AB 1999: Economic Development & Historic Preservation Tax Credit Act
From:
Vice Mayor Reid And Councilmembers Schaaf And Gibson McElhaney
Recommendation: Adopt A Resolution In Support Of Assembly Bill 1999 (Atkins), The
California Economic Development And Historic Preservation Tax Credit Act
13-0400
This Matter was Adopted on the Consent Agenda.
Votes: ORACouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84910 CMS.pdf
7.13
Subject:
Compliance Director Professional Services Contract Amendments
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A
Professional Services Contract With Warshaw & Associates Inc. To Provide Compliance
Director Services Regarding The Negotiated Settlement Agreement In Delphine Allen V. City
Of Oakland For One Year, In An Amount Not To Exceed One Hundred Sixty Five Thousand
Dollars ($165,000), And Waiving The Competitive Advertising And Request For
Proposals/Qualifications Process
13-0440
A
motion was made by President Pro Tempore Kaplan, seconded by
Councilmember Kalb, that this matter be Adopted. The motion carried by
the following vote:
Votes: ORAICouncilmember Noes: 1 - Councilmember Gallo
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Gibson McElhaney, Councilmember Kalb, President Pro Tempore Kaplan, Vice
Mayor Reid, Councilmember Schaaf and Council President Kernighan
View Report.pdf
84911 CMS.pdf
S-7.14-CC
Subject:
Fiscal Year 2014-2015 LLAD Assessment Process
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Initiating The FY 2014-15 Assessment Process For The
City Of Oakland Landscaping And Lighting Assessment District And Authorizing The City
Administrator To Order A Preliminary Engineers' Report Pursuant To The California Streets
And Highways Code
13-0405
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84912 CMS.pdf
City of Oakland
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Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
S-7.15-CC
Subject:
Measure C - Oakland Hotel Tax Audit And Status Report
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report Regarding Measure C - Oakland Hotel
Tax Audit And Program Status Report
13-0362
This Matter was *Received and Filed on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
S-7.16-CC
Subject:
Measure DD Series 2009B Fund Report Audit Of Financial Statements
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report Regarding Measure DD Series 2009B
Fund Report On Audit Of Financial Statements For The Period Of July 22, 2009 Through June
30, 2012
13-0363
This Matter was *Received and Filed on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
S-7.17-CC
Subject:
ORSA Audit Report For Fiscal Year 2012-2013
From:
Office of the City Administrator
Recommendation: Receive The Oakland Redevelopment Successor Agency (ORSA) Audit
Report For Fiscal Year (FY) 2012-2013
13-0380
This Matter was *Received and Filed on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
City of Oakland
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
S-7.18-CC
Subject:
Comprehensive Annual Financial Report And Management Letter
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report Regarding The Comprehensive Annual
Financial Report And Management Letter For Fiscal Year 2012-2013
13-0333
This Matter was *Received and Filed on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
S-7.19-CC
Subject:
Authorizing Execution Of Funding Agreements With CalTrans
From:
Public Works Agency
Recommendation: Adopt A Resolution Authorizing The City Administrator, Assistant City
Administrator, Deputy City Administrator, Public Works Director, And/Or Assistant Public
Works Director To Execute Funding Agreements With The California Department Of
Transportation For Transportation Infrastructure And/Or Planning Grants
13-0410
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84913 CMS.pdf
S-7.20-CC
Subject:
Measure DD Fund Report And Reallocation
From:
Public Works Agency
Recommendation: Receive An Informational Update On Measure DD, The Oakland Trust For
Clean Water And Safe Parks, And Adopt A Resolution To 1) Approve The Reallocation Of
Measure DD Bond Series 2009B Proceeds, And 2) Authorize The City Administrator, Or The
City Administrator's Designee, To Make Final Adjustments To The Allocations Of Measure
DD Series 2009B Bond Proceeds As The City Administrator Deems Necessary For The Timely
Completion Of Measure DD Projects
13-0355
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84914 CMS.pdf
City of Oakland
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Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
S-7.21-CC
Subject:
ENA Extension For Recycling Project
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And
Execute A Second Amendment To The City's Exclusive Negotiating Agreement (ENA) With
California Waste Solutions, Inc. And Cass, Inc., Regarding A Proposed Recycling Project On
Up To Approximately 20 Acres In The North Gateway Area Of The Former Oakland Army
Base Extending The ENA To December 15, 2014
13-0406
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
84915 CMS.pdf
S-7.22-CC
Subject:
Bike Pedestrian Anti-Harassment Ordinance
From:
Councilmember Libby Schaaf
Recommendation: Adopt An Ordinance Adding Chapter 12.61 To Article 12 (""Streets,
Sidewalks, And Public Places"") Of The Oakland Municipal Code To Prohibit Endangerment Of
Vulnerable Roadway And Sidewalk Users (Pedestrians And Bicyclists)
13-0372
This Matter was Approved On Introduction and Scheduled for Final
Passage to the Meeting of the Oakland City Council, to be heard at the
April 22, 2014 meeting on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
City of Oakland
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Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
S-7.23-CC
Subject:
Project Safe Neighborhoods Grant Funds
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or His Designee,
On Behalf Of The City Of Oakland (City), To Accept And Appropriate Grant Funds In The
Amount Of Five Hundred Thousand Dollars ($500,000) From The U.S. Department Of Justice
(DOJ), Office Of Justice Programs, Bureau Of Justice Assistance (BJA), To Fund Project Safe
Neighborhoods (PSN), A Ceasefire Strategy By The Oakland Police Department (OPD)
13-0402
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
View Report.pdf
View Supplemental.pdf
84916 CMS.pdf
Passed The Consent Agenda
A motion was made by President Pro Tempore Kaplan, seconded by
Councilmember Kalb, 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 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
8
ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
A motion was made by President Pro Tempore Kaplan, seconded by
Councilmember Gibson McElhaney, to *Approve as Submitted the oral
report from the Office of the City Attorney of no final decisions made
during Closed Session. The motion carried by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President 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:
City of Oakland
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Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
9.1
Subject:
Amending Density Bonus Ordinance
From:
Department Of Planning And Building
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance, As
Recommended By The City Planning Commission, Amending The Oakland Planning Code To
Update Chapter 17.107 Density Bonus And Incentive Procedure
13-0403
A motion was made by Vice Mayor Reid, seconded by President Pro
Tempore Kaplan, that this matter be Approved On Introduction and
Scheduled for Final Passage to the Meeting of the Oakland City Council, to
be heard at the April 22, 2014 meeting. The motion carried by the
following vote:
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened
at 7:07 p.m.
One individual spoke on this item.
Vice Mayor Reid made a motion, seconded by President Pro Tempore Kaplan
to close the Public Hearing, and hearing no objections, the motion passed by 8
Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and
President Kernighan.
View Report.pdf
City of Oakland
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Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
9.2
Subject:
Extend Interim Controls On Crematoriums
From:
Department Of Planning And Building
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Emergency
Ordinance Pursuant To Charter Section 213, Extending By One Hundred And Eighty (180)
Days Emergency Ordinance Number 13196 C.M.S. Requiring A Major Conditional Use Permit
To Establish A Crematorium Within The City Of Oakland, To Take Effect Immediately Upon
Introduction And Adoption (Extends The One Hundred And Eighty (180) Day Emergency
Ordinance Adopted October 15, 2013)
13-0445
A motion was made by Vice Mayor Reid, seconded by Councilmember
Gibson McElhaney, that this matter be Approved for Final Passage. The
motion carried by the following vote:
Votes: ORAICouncilmember Ayes: 8 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Vice Mayor Reid, Councilmember Schaaf and Council
President Kernighan
Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened
at 7:15 p.m.
No individuals spoke on this item.
Vice Mayor Reid made a motion, seconded by Councilmember Gibson
McElhaney, to close the Public Hearing, and hearing no objections, the motion
passed by 8 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid,
Schaaf, and President Kernighan.
View Report.pdf
13222 CMS.pdf
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
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Oakland Redevelopment
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S-11
Subject:
Support For Assembly Bill No. 2310 Re City Attorney Eviction Authority
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution To Support California Assembly Bill No. 2310
Immediately Reinstating Section 3485 To The California Civil Code Which Authorizes City
Attorneys To File An Action For Unlawful Detainer To Abate A Nuisance Caused By Illegal
Conduct Involving Weapons Or Ammunition On Real Property
13-0448
A motion was made by Councilmember Kalb, seconded by President Pro
Tempore Kaplan, that this matter be Adopted as Amended. The motion
carried by the following vote:
Votes: ORAICouncilmember Absent: 1 - Vice Mayor Reid
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Gallo, Councilmember Gibson McElhaney, Councilmember Kalb, President Pro
Tempore Kaplan, Councilmember Schaaf and Council President Kernighan
The Council approved the resolution as amended to include the following
revisions to read as follows:
WHEREAS, the bill would apply to the Counties of Alameda (only cases arising
in Oakland), Los Angeles, San Diego and Sacramento and the City Council
wishes to ensure Oakland remains part of the legislation; and
RESOLVED: that the City of Oakland supports Assembly Bill No. 2310
immediately reinstating Section 3485 to the California Civil Code to include the
City of Oakland and authorizing the Oakland City Attorney to file an action for
unlawful detainer to abate a nuisance caused by illegal conduct involving
weapons or ammunition on real property.
View Report.pdf
84917 CMS.pdf
City of Oakland
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Concurrent Meeting of the
Meeting Minutes
April 1, 2014
Oakland Redevelopment
Successor Agency and the City
Council
S-12
Subject:
Regulating Unattended Donation Boxes
From:
Department Of Planning And Building
Recommendation: Receive An Informational Report And Request For Direction On The
Process Of Developing Regulations On Unattended Donation Boxes (UDBs) In The City Of
Oakland
13-0407
A motion was made by Councilmember Brooks, seconded by
Councilmember Schaaf, that this matter be *Received and Filed. The
motion carried by the following vote:
Votes: ORAICouncilmember Noes: 1 - Councilmember Gallo
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Gibson McElhaney, Councilmember Kalb, President Pro Tempore Kaplan, Vice
Mayor Reid, Councilmember Schaaf and Council President Kernighan
Councilmember Brooks made a motion, seconded by Councilmember Schaaf, to
direct staff to:
A. Bring, as soon as possible, either regulations to ban or an emergency
ordinance to create a moratorium on prospective Unattended Donation Boxes;
and
B. Develop stringent regulations for existing boxes, including but not limited
to, consideration of the points from Council President Kernighan's memo:
1.
Permit: Permit required for each unattended donation box; Track 1
Design Review and Site Inspection required for each permit, which we
understand currently will cost $1,251;
2.
Application: Application to include a signed authorization from
owner of property granting permission for installation of box, and a signed
affidavit from owner of property accepting responsibility for any blighted
conditions associated with the box;
3.
Renewal of Permit: Permit must be renewed annually; annual
renewal fee required multiple violations not addressed immediately will result
in revocation or non-renewal of permit
4.
Location: Boxes may not be located within 20 feet of the public
right-of-way or other public property, nor within 2,500 feet of another box; no
more than one box on a single parcel; boxes not permitted on vacant lots or
properties with all closed businesses
5.
Trash and graffiti removal: On a daily basis operator required to
remove all clothing, litter, trash and debris within 20 feet of the box and remove
graffiti on box
6.
Signage: Signage required on each box in keeping with the
California Welfare and Institutions Code; contact information for Code
Enforcement required on each box
7.
Penalties and fines: Penalty assessed for installation of a box
without the required permit. Fines to be assessed for violations such as
City of Oakland
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Oakland Redevelopment
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repeated failure to maintain the box and its immediate surrounding as
mandated by the ordinance
8.
Removal: With due process City authorized to remove a box for
violating a compliance order and charge the operator the cost of said removal
if a written order to do so is not executed within 30 days
9.
Exceptions: Exception to these provisions made for boxes totally
inside a building's premises and not visible from the public right-of-way;
exception to permit requirement but not performance standards/enforcement
made for boxes that are determined to be in keeping with the property's primary
use.
The motion passed with a vote of 7 Ayes, 1 No - Gallo.
There were nine speakers on this item.
View Report.pdf
CONTINUATION OF OPEN FORUM
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 12:00 A.M., Unless Extended By Majority Vote Of The
Council)
There being no further business, and upon the motion duly made, the Council
adjourned the meeting in memory of Ann Taylor, Lewis Mahlman, Robert Mix
and Anita Kelley Maher at 8:32 p.m.
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City of Oakland
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Oakland Redevelopment
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MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY
COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN
THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR,
OAKLAND, CA 94612 FROM 8:30 A.M. TO 5:00 P.M.
City Clerk and Clerk of the Council
City of Oakland
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