body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
CITY OF
Meeting Minutes
LaTonda Simmons, City
OAKLAND
Clerk
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, October 7, 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 5:47 P.M.
2 ROLL CALL / CITY COUNCIL
The Roll Call was modified to note Councilmember Gallo present at 5:53 P.M.
Present 8 - Desley Brooks, Noel Gallo, Lynette Gibson McElhaney, Dan Kalb, Rebecca
Kaplan, Laurence E. Reid, Libby Schaaf, and Patricia Kernighan
3 OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
There were 7 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 Mary Blevins. Councilmember Brooks requested
association.
Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of Mae Francis ""Sue"" Howard.
City of Oakland
Page 1
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
4.1
Subject:
United Nations Flag Parade And Flag Day Resolution
From:
Council President Patricia Kernighan
Recommendation: Adopt AResolution Designating October 18-25, 2014 As United
Nations Peace Week And October 18, 2014 As United Nations Flag Parade And Flag
Raising Day At The United Nations Pole In Jack London Square
14-0073
Attachments: View Report.pdf
85186 CMS.pdf
Councilmember Gibson McElhaney made a motion seconded by Vice Mayor Reid
to approve the urgency finding on item 4.1 for the following reasons: That there
is a need to take immediate action which came to the attention of the local body
after the agenda was posted, and that the need to take immediate action relates
to a purely ceremonial or commendatory action. The motion passed with a vote
of 8 Ayes.
A motion was made by Council President Kernighan, seconded by
Councilmember Gibson McElhaney, that this matter be Adopted. The motion
carried by the following vote:
Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan
4.2
Subject:
25th Anniversary Of The Loma Prieta Earthquake
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Recognizing The 25th Anniversary Of The
Loma Prieta Earthquake
14-0077
Attachments: View Report.pdf
85187 CMS.pdf
Councilmember Gibson McElhaney made a motion seconded by Council
President Kernighan to approve the urgency finding on item 4.2 for the following
reasons: That there is a need to take immediate action which came to the
attention of the local body after the agenda was posted, and that the need to take
immediate action relates to a purely ceremonial or commendatory action. The
motion passed with a vote of 8 Ayes.
A motion was made by Councilmember Gibson McElhaney, seconded by Council
President Kernighan, that this matter be Adopted. The motion carried by the
following vote:
Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETINGS OF JULY 29, JULY 30, AUGUST
13, SEPTEMBER 22 AND SEPTEMBER 23, 2014
A motion was made by Vice Mayor Reid, seconded by Councilmember Gallo, to
approve as submitted. The motion carried with the following vote: 8 Ayes.
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):
Items 7.3, 7.4, 7.5 and 7.6 will be continued to October 21, 2014 City Council
meeting to allow for publication of notice & digest in newspaper.
7. CONSENT CALENDAR (CC) ITEMS:
There were 5 speakers on this item.
7.1
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
14-0052
Attachments:
View Report.pdf
85188 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.2
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
14-0053
Attachments: View Report.pdf
85189 CMS.pdf
This Matter was Adopted on the Consent Agenda.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Reservation Of An Easement To The City For A Fiber Optics Hub And Related Uses;
2) Direct Two Hundred Thousand Dollars ($200,000) Of The Net Sales Proceeds
Towards Funding The City's Asset Portfolio Management Plan; And 3) Allocate
Seventy Five Thousand Dollars ($75,000) In Community V Development Block Grant
(CDBG) Funds To Developer Exclusively For Facade And Exterior Improvements Of
The Properties
14-0013
Attachments: View Report.pdf
13264 C.M.S
City of Oakland
Page 4
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
7.5
Subject:
Ordinance Amending Section 12 Of Ordinance 12301 C.M.S.
From:
Councilmember Dan Kalb
Recommendation: Adopt An Ordinance Amending Section 12 Of Ordinance 12301
C.M.S. (That Established The Rockridge Business Improvement District, Granted
Approval Of The Management Plan For The District, Approved The Assessment
District Boundary Description, And Approved The Proposed Assessment To The
Affected Businesses), Thereby Modifying The Requirement That The Advisory Board
Give Notice Of The Right To Seek Disestablishment Of The District To Once Every
Five Years Starting From The Effective Date Of This Ordinance
14-0009
Attachments: View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
13261 C.M.S.
7.6
Subject:
Amendments To The Oakland Campaign Reform Act
From:
Council President Patricia Kernighan
Recommendation: Adopt An Ordinance Amending The Oakland Campaign Reform
Act, Oakland Municipal Code Chapter 3.12, To Prohibit The Use Or Transfer Of
Funds From Ballot Measure Committees Controlled By Candidates For City Office Or
City Officeholders To Support The Candidate's Or Officeholder's Election To City
Office
13-0633
Attachments: View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
13262 C.M.S
7.7
Subject:
Budget Advisory Committee Appointments
From:
Office of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Zarek
A. Woodfork And Reappointments Of Mary Thomas And Kim Mccoy Wade To The
Budget Advisory Committee
14-0054
Attachments: View Report.pdf
85190 CMS.pdf
This Matter was Adopted on the Consent Agenda.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
7.8
Subject:
Settlement Agreement- Michael Cortez And Ricardo Toscano
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Case Of Michael Cortez And Ricardo Toscano Vs.
City Of Oakland And Ricky Persons, Alameda County Superior Court Case No.
Rg13678090, City Attorney's File No. 29603, In The Amount Of Six Hundred And Fifty
Five Thousand Dollars ($655,000.00) (Public Works Agency - Employment
Discrimination)
14-0055
Attachments: View Report.pdf
85191 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.9
Subject:
Settlement Agreement- Joanne Warwick V. City Of Oakland
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle Plaintiff's Claim For Attorneys' Fees And Costs In The
Case Of Joanne Warwick V. City Of Oakland, Et Al, Northern District Of California
Case No. C13-0536 Nc, City Attorney's File No. 29139, In The Amount Of Fifteen
Thousand Dollars ($15,000.00) (Oakland Police Department - Excessive Force/Civil
Rights)
14-0056
Attachments: View Report.pdf
85192 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.10
Subject:
Settlement Agreement- Cecilio Felix 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 Cecilio Felix V.City Of Oakland, Et Al,
Alameda County Superior Court Case No. Rg11-586564, In The Amount Of
Seventy-Five Thousand Dollars And No Cents ($75,000.00) As A Result Of A Vehicle
Verses Pedestrian Accident On Or About June 25, 2010 (Public Works Department)
14-0057
Attachments:
View Report.pdf
85193 CMS.pdf
This Matter was Adopted on the Consent Agenda.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
7.11
Subject:
Settlement Agreement- John Dalton 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 John Dalton V. City Of Oakland, United
States District Court, Northern District Of California No. C13-0497 EDL, City Attorney's
File No. 29316 In The Amount Of Ninety-Five Thousand Dollars ($95,000.00) (Public
Works Department/Office Of Parks And Recreation - American Disabilities Act (ADA)
Access
14-0058
Attachments: View Report.pdf
85194 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.12
Subject:
Settlement Agreement- Donna White 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 Donna White V. City Of Oakland, United
States District Court, Northern District Of California No. C11-03846 NC, City Attorney's
File No. 28414 In The Amount Of Three Hundred Forty eight Thousand Dollars
($348,000.00) (Public Works Department/Office Of Parks And Recreation - American
Disabilities Act (ADA) Access)
14-0059
Attachments: View Report.pdf
85195 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.13
Subject:
Settlement Agreement- George Balsbaugh 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 George Balsbaugh V. City Of Oakland, Et
Al., Alameda County Superior Court Case No. Rg12629027, City Attorney's File No.
28719, For A Sum Not To Exceed Four Hundred Thousand Dollars And No Cents
($400,000.00) (Public Works-Personal Injury Lawsuit)
14-0060
Attachments: View Report.pdf
85196 CMS.pdf
This Matter was Adopted on the Consent Agenda.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
7.14
Subject:
Violence Prevention And Public Safety Oversight Committee Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Appointing Lirio Zepeda And Reappointing
Qa'id Aqueel Tauheed As Members Of The Violence Prevention And Public Safety
Oversight Committee
14-0061
Attachments: View Report.pdf
85197 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.15
Subject:
Cannabis Regulatory Commission Appointment - Sean Patrick Donahoe
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Appointing Sean Patrick Donahoe As A
Member Of The Cannabis Regulatory Commission
14-0062
Attachments: View Report.pdf
View Supplemental Report.pdf
85198 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.16
Subject:
Maddie's Fund Donation of $256,000 to Oakland Animal Services
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee, On Behalf Of The City Of Oakland, To Accept A Donation In The Amount
Of $256,000 From Maddie's Fund And Appropriate Said Funds To The Oakland
Police Department Animal Services Section To Help Fund Spay And Neuter
Programs, Quality Of Life Projects For Animals, And For The Purchase Of Supplies
And Equipment For The Volunteer Program And The Oakland Animal Shelter
14-0037
Attachments: View Report.pdf
View Supplementa Report.pdf
85199 CMS.pdf
This Matter was Adopted as Amended to include the following addition:
FURTHER RESOLVED: That the $256,000 from Maddie's Fund, accepted by the
City of Oakland, shall be used exclusively for the enrichment and quality of life of
the animals housed in the Oakland Animal Shelter, and that these funds shall not
be allocated or expended until after an Animal Shelter Director is hired through
the current recruitment process, so that he or she may help decide how to best
allocate these funds in a manner that indeed improves the welfare and quality of
life of the shelter animals, unless compliance with this provision violates a
funding deadline on the Consent Agenda.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
7.17
Subject:
MOU Between Alameda County Health Care Services Agency & OPD
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee, To Enter Into An Intergovernmental Memorandum Of Understanding
(MOU) Between The Alameda County Health Care Services Agency, Behavioral
Health Care Services (BHCS) And The Oakland Police Department (OPD) To
Implement A Six Month Pilot Program Called The Mobile Evaluation Team (M.E.T.)
14-0040
Attachments: View Report.pdf
85200 CMS.pdf
This Matter was Adopted on the Consent Agenda.
7.18
Subject:
State Grant For Peralta Hacienda Activities
From:
Oakland Parks And Recreation
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Apply For, Accept And Appropriate Grant Funds From The State Of
California Department Of Parks And Recreation Habitat Conservation Fund Program
For Youth Wildlife Activities At Peralta Hacienda Historical Park In The Amount Of
Eighty Thousand Dollars ($80,000) For The Four Year Grant Term With A Required
Dollar For Dollar Match Of Eighty Thousand Dollars ($80,000) To Be Matched By The
Friends Of Peralta Hacienda Historical Park Annual Operating Funds
14-0038
Attachments: View Report.pdf
85201 CMS.pdf
This Matter was Adopted on the Consent Agenda.
Passed The Consent Agenda
Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and 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 Schaaf, to approve as submitted the oral report from the Office
of the City Attorney of 6 final decisions made during Closed Session. The motion
carried with the following vote: 8 Ayes.
COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER,
THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
9. CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened at
6:48 p.m.
One individual spoke on this item.
President Pro Tempore Kaplan, made a motion, seconded by Councilmember
Gallo, to close the Public Hearing, and hearing no objections, the motion passed
by 7 Ayes: Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, President
Kernighan, and 1 Absent - Brooks.
9.1
Subject:
Sale Of 51st Street And Lawton Ave Site
From:
Economic Workforce Development Department
Recommendation: Adopt An Ordinance Authorizing The Interim City Administrator To
Negotiate And Execute A Purchase And Sales Agreement To Sell Portions Of
City-Owned Surplus Real Property Located On 51st Street At (APN
013-1141-046-02) And (APN 013-1141-047-04) To Urban Infill Development, LLC, For
Not Less Than Four Thousand Eight Hundred Twenty One Dollars ($4,821)
14-0015
Attachments: View Report.pdf
13263 C.M.S
A motion was made by President Pro Tempore Kaplan, seconded by
Councilmember Gallo, 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 October 21, 2014 meeting. The motion carried by the following vote:
Aye: 7 - Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan
Absent: 1 - Brooks
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 THIS NUMBER INTENTIONALLY NOT USED
11
Subject:
Ratifying Actions 2014 Summer Recess
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Ratifying Action Taken By The Mayor During
The Oakland City Council 2014 Annual Recess In Conformance With The Council's
Rules Of Procedure Codified In Resolution No. 82580 C.M.S., Passed March 9, 2010
14-0042
Attachments: View Report.pdf
85202 CMS.pdf
A motion was made by Vice Mayor Reid, seconded by Councilmember Gallo, that
this matter be Adopted. The motion carried by the following vote:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
Redevelopment Successor Agency
and the City Council
Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan
12
Subject:
Sears Lease Disposition and Development Agreement
From:
Economic Workforce Development Department
Recommendation: Adopt An Oakland Redevelopment Successor Agency Resolution
Authorizing An Amendment To A Lease Disposition And Development Agreement
(""LDDA"") With Sears Development Company For An Automotive Service Project
Located At 2000-2016 Telegraph Avenue And 490 Thomas L. Berkeley Way To: (1)
Approve The Assignment Of The LDDA To W/L Broadway Telegraph Owner VII, LLC,
Or An Affiliated Entity, Or An Affiliate Of Lane Partners, LLC And/Or Walton Street
Capital, LLC; (2) Extend Development Deadlines For The Project; (3) Reduce A
Contingent Payment Obligation To The Owner From $1,600,000 To $1,575,000; And
(4) Require The Payment Of $100,000 To The Successor Agency As Consideration
For The Assignment And Extension
14-0028
Attachments: View Report.pdf
2014-010 ORSA.pdf
A motion was made by Councilmember Gibson McElhaney, seconded by
President Pro Tempore Kaplan, that this matter be Adopted. The motion carried
by the following vote:
Abstained: 1 - - Brooks
Aye:
7 - Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan
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 Mary Blevins and Mae Francis ""Sue"" Howard
at 7:10 p.m.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2014-10-07,"Concurrent Meeting of the Oakland
Meeting Minutes
October 7, 2014
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
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE
GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF
THOSE ATTENDING MEETINGS.
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 of Oakland
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