body,date,text,page,path OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"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 Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, CA 94612 Tuesday, December 9, 2014 5:30 PM City Council Chamber, 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 5:36 P.M. 2 ROLL CALL / CITY COUNCIL The Roll Call was modified to note Councilmember Brooks absent at 1:30 a.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 16 Open Forum speakers. 4 ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations From The Mayor, Council Acknowledgements/Announcements): Councilmember Schaaf took a point of personal privilege and requested that the meeting be adjourned in memory of David Robert Ruenzel. President Pro Tem Kaplan took a point of personal privilege and requested that the meeting be adjourned in memory of Michael Brown, Eric Garner, and Tamir Rice. Vice Mayor Kalb took a point of personal privilege and requested that the meeting be adjourned in memory of Arnold White. Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Regina E. Enabulele. City of Oakland Page 1 Printed on 1/7/2015",1,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 4.1 Subject: 50th Anniversary Of The Wilderness Act From: Councilmember Dan Kalb And Council President Kernighan Recommendation: Adopt A Resolution Honoring 50th Anniversary Of The Wilderness Act Which Allows For Protection And Preservation Of America's Precious Wilderness For Present And Future Generations Of Human, Plant And Animal Species [TITLE CHANGE] 14-0133 Attachments: View Report 85287 CMS.pdf A motion was made by Kalb, seconded by 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 4.2 Subject: Honoring Neighborhood Volunteer Leaders Of Council District 2 From: Council President Patricia Kernighan Recommendation: Adopt A Resolution Honoring The Neighborhood Volunteer Leaders Of Council District 2 14-0152 Attachments: View Report.pdf 85288 CMS.pdf A motion was made by Reid, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan 4.3 Subject: Recognizing Renee Domingo From: Vice Mayor Larry Reid Recommendation: Adopt A Resolution Honoring And Recognizing Renee Domingo Upon Her Retirement From The City Of Oakland, After 25 Years Of Dedicated Service 14-0247 Attachments: View Report 85289 CMS.pdf A motion was made by Reid, seconded by Schaaf, 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 Page 2 Printed on 1/7/2015",2,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 4.4 Subject: Recognizing Mayor Jean Quan From: Councilmembers Schaaf, Kernighan, Kaplan And Kalb Recommendation: Adopt A Resolution Recognizing Mayor Jean Quan For A Lifetime Of Dedication And Achievement In Making Government Work For The People And For Her Deep And Abiding Love For The City Of Oakland 14-0273 Attachments: View Report 85290 CMS.pdf A motion was made by Kaplan, seconded by 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 4.5 Subject: Recognizing Council President Patricia Kernighan From: Councilmembers Schaaf, Reid, Gibson-McElhaney And Kalb Recommendation: Adopt A Resolution Recognizing Council President Patricia Kernighan For Her Outstanding Dedication And Service To Her Constituents And To The City Of Oakland 14-0281 Attachments: View Report 85291 CMS.pdf A motion was made by Reid, seconded by Schaaf, that this matter be Adopted. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan S4.6 Subject: Ferguson Resolution From: Councilmember Desley Brooks Recommendation: Adopt A Resolution: ""Ferguson - Calling For Charges To Be Filed And Recognizing Our Collective Responsibility To Advance Racial Equity"" 14-0293 Attachments: View Report.pdf 85292 CMS.pdf A motion was made by Brooks, seconded by Kaplan, that this matter be Adopted. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan 5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF NOVEMBER 18, 2014 A motion was made by Reid, seconded by Kaplan, that this matter be Approve as Submitted. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 3 Printed on 1/7/2015",3,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"A motion was made by Reid, seconded by Kaplan, that this matter be Adopted. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan 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 14-0267 Attachments: View Report.pdf 85294 CMS.pdf This City Resolution was Adopted. City of Oakland Page 4 Printed on 1/7/2015",4,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.3 Subject: Amendment To Pay-Go Funds For Galatians Baptist Church From: President Pro Tempore Kaplan Recommendation: Adopt A Resolution Amending Resolution No. 85125 C.M.S. Which Authorized A Grant Of $500.00 From Councilmember Kaplan's Pay-Go Funds To Good Hope Baptist Church's Youth Group For Travel And Meal Expenses To Disneyland, CA, To Change The Grantee Name To Galatians Baptist Church 14-0211 Attachments: View Report.pdf 85295 CMS.pdt This City Resolution was Adopted. 7.4 Subject: Graffiti Abatement Mural Funds To Corum LLC From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing A Grant Of $13,600 From Councilmember Schaaf's Graffiti Abatement Mural And Green Wall Funds To Corum LLC For Two Murals On The Walls Of King's Coffee Shop At 3000 38th Avenue, Oakland [TITLE CHANGE] 14-0246 Attachments: View Report.pdf View Supplemental Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 7.5 Subject: Graffiti Abatement Mural Funds To Debra Koppman From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing A Grant Of $7,500 From Councilmember Schaaf's Graffiti Abatement Mural And Green Wall Funds To Debra Koppman For The Artist's Mural On The Wall At The End Of Champion Street, Next To 3480 Champion Street, Oakland 14-0244 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 City of Oakland Page 5 Printed on 1/7/2015",5,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.6 Subject: Graffiti Abatement Mural Funds To Pamela Consear From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing A Grant Of $6,625 From Councilmember Schaaf's Graffiti Abatement Mural And Green Wall Funds To Pamela Consear For Murals On Walls At Club 2101 At 2101 MacArthur Blvd., Oakland, St. Louis Veterinary Clinic At 3545 Fruitvale Ave., Oakland, And Loard's Ice Cream At 2825 MacArthur Blvd., Oakland 14-0243 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 7.7 Subject: Graffiti Abatement Mural Funds To Rock Paper Scissors Collective From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing A Grant Of $11,100 From Councilmember Schaaf's Graffiti Abatement Mural And Green Wall Funds To Rock Paper Scissors Collective For A Mural On The Wall Of The Fairfax Lighthouse Deliverance Center At 5345 Foothill Blvd, Oakland 14-0242 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 12/16/2014 7.8 Subject: Graffiti Abatement Mural Funds To Andrew Johnstone From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing A Grant Of $2,000 From Councilmember Schaaf's Graffiti Abatement Mural And Green Wall Funds To Andrew Johnstone For A Mural On The Wall Of The Montclair-Mountain Trestle, Near 1902 Mountain Blvd, Oakland [TITLE CHANGE] 14-0241 Attachments: View Report.pdf View Supplemental Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 City of Oakland Page 6 Printed on 1/7/2015",6,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.9 Subject: Travel To League Of CA Cities Academy - Guillen & Campbell-Washington From: Council President Patricia Kernighan Recommendation: Adopt A Resolution Authorizing Councilmembers Abel Guillen And Anne Campbell Washington To Travel To Sacramento, CA To Attend The 2015 League Of California Cities New Mayors & Council Members Academy In Sacramento, CA From January 14 - 16, 2015 14-0225 Attachments: 85296 CMS.pdf This City Resolution was Adopted. 7.10 Subject: Settlement Agreement - Claim Of Salvador And Laura Navarro From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Salvador And Laura Navarro, In The Amount Of Thirteen Thousand Seven Hundred Fifty-Six Dollars And Fourteen Cents ($13,756.14), Payable To Salvador And Laura Navarro (Public Works Department - Sewers) 14-0259 Attachments: View Report.pdf 85297 CMS.pdf This City Resolution was Adopted. 7.11 Subject: Settlement Agreement - Claim Of Diana Montes And Jeremy Leeds From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claims Of Diana Montes And Jeremy Leeds, City Attorney's Claim No. C30134, In The Amount Of Seven Thousand Seven Hundred Twenty-Seven Dollars And Fifty Cents ($7,727.50) (Public Works Department - Trees) 14-0260 Attachments: View Report.pdf 85298 CMS.pdf This City Resolution was Adopted. City of Oakland Page 7 Printed on 1/7/2015",7,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.12 Subject: Settlement Agreement - Ana Castaneda 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 Ana Castaneda V. City Of Oakland, Alameda County Superior Court Case No. RG13682362, City Attorney's File No. 29368, In The Amount Of One Hundred Thousand Dollars ($100,000.00) (Public Works Department - Dangerous Condition) 14-0261 Attachments: View Report.pdf 85299 CMS.pdf This City Resolution was Adopted. 7.13 Subject: Creating The Oakland Animal Services Department From: Office Of The City Administrator Recommendation: Adopt An Ordinance Amending Chapter 2.29 Of The Oakland Municipal Code Entitled ""City Agencies, Departments And Offices"" To Establish The Oakland Animal Services Department In The City Administrator's Office 14-0169 Attachments: View Report 13271 CMS.pdf This Ordinance was Approved for Final Passage. 7.14 Subject: Fee To Implement Alameda County Integrated Waste Management Plan From: Oakland Public Works Department Recommendation: Adopt An Ordinance Establishing A Fee In The Initial Amount Of $3,240,000, Effective July 1, 2015, To Be Adjusted By Changes In The Annual Consumer Price Index, To Pay The City's Costs Of Preparing, Adopting, And Implementing The Alameda County Integrated Waste Management Plan, To Be Collected By The Mixed Materials And Organics Franchisee From Its Customers, Which Shall Reduce Said Franchise Fee By An Equal Amount And Shall Not Result In An Increase In Mixed Materials And Organics Rates 14-0192 Attachments: View Report.pdf View Supplemental Report.pdf 13272 CMS.pdf This Ordinance was Approved for Final Passage. City of Oakland Page 8 Printed on 1/7/2015",8,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.15 Subject: Amending Residential Recycling Franchise Award & Max Service Rates From: Oakland Public Works Department Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Amending Ordinance No. 13258 C.M.S., Which Amended Ordinance No. 13253 C.M.S. To Among Other Things, Grant A Franchise For Mixed Materials And Organics Collection Services To Waste Management Of Alameda County And Approve Maximum Service Rates For Mixed Materials And Organics Collection, Residential Recycling And Disposal Services, To: (1) Add Two (2) Contamination Rates Of $25 And $50 To The Maximum Service Rates For Customer Placement Of Items Other Than Those Allowed In Recycling And Organic Materials Containers And (2) Make Appropriate Findings Required By The California Environmental Quality Act; And 14-0157 Attachments: View Report View Supplemental Report.pdf 13273 CMS.pdf This Ordinance was Approved for Final Passage. 2) An Ordinance Amending Ordinance No. 13254 C.M.S, Which, Among Other Things, Granted A Franchise For Residential Recycling Collection Services To California Waste Solutions, Inc., For A Term Of Ten (10) Years From July 1, 2015 Through June 30, 2025, With Two Five-Year Extension Options In 2022 And 2027, To Change The Term Of The Contract To Twenty (20) Years: July 1,2015 Through June 30, 2035, And Make Appropriate Findings Required By The California Environmental Quality Act 14-0173 Attachments: 13274 CMS.pdf This Ordinance was Approved for Final Passage. City of Oakland Page 9 Printed on 1/7/2015",9,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.16 Subject: Establish 1% For Public Art In Private Development Projects From: Councilmember Libby Schaaf Recommendation: Adopt An Ordinance Amending The Oakland Municipal Code To Adopt Chapter 15.70 Public Art Requirements, Which Establishes A New Requirement Of 5% For Residential Or 1% For Nonresidential Of Private Development Project Costs For Public Art And Codifies An Existing Requirement Of 1.5% Of The City's Capital Improvement Project Costs For Public Art, Adopted By The City Council Through Ordinance No. 11086 C.M.S. 14-0036 Attachments: View Report.pdf View Supplemental Report.pdf 13275 CMS.pdf This Ordinance was Approved for Final Passage. 7.17 Subject: Certifying 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 4, 2014 14-0272 Attachments: View Report 85300 CMS.pdf This City Resolution was Adopted. 7.18 Subject: Budget Advisory Committee Appointment - Jon Bauer From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Jon Bauer To The Budget Advisory Committee 14-0274 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 7.19 Subject: Children's Fairyland Board Appointment - Ron Zeno From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Ron Zeno To The Children's Fairyland Board Of Directors 14-0277 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 City of Oakland Page 10 Printed on 1/7/2015",10,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 7.20 Subject: Library Advisory Commission Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Grant Inaba And Reappointment Of Shanthi Gonzales, April Harper, And Ain Bailey As Members Of The Library Advisory Commission 14-0278 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 7.21 Subject: Oakland Housing Authority Board Appointment - Donna Griggs Murphy From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Donna Griggs Murphy To The Oakland Housing Authority Board 14-0279 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 7.22 Subject: Civil Service Board Appointment - Lisa Charbonneau From: Office Of The Mayor Recommendation: Request To Withdraw The Following Item From The January 6, 2015 City Council Agenda: Adopt A Resolution Confirming The Mayor's Appointment Of Lisa Charbonneau To The Civil Service Board 14-0280 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 S7.23 Subject: Bicyclist And Pedestrian Advisory Commission Reappointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Robert Prinz, Chris Hwang, And Ryan Chan To The Bicyclist And Pedestrian Advisory Commission 14-0291 Attachments: View Report.pdf View Supplemental Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 City of Oakland Page 11 Printed on 1/7/2015",11,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S7.24 Subject: Youth Advisory Commission Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Jamila Coleman, Eleanor Good, Takai Ginwright, Shizhou Chen, Elliot Hunt, Rebecca Dharmapalan And Mahlik Smith As Members Of The Oakland Youth Advisory Commission 14-0292 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 S7.25 Subject: Settlement Agreement - Cordova-Munoz, Et Al. 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 Abel Cordova-Munoz, Et Al V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG09-489243, In The Amount Of Twenty-Five Thousand Dollars And No Cents ($25,000.00) As A Result Of An Arrest On Or About November 9, 2008 (Oakland Police Department) 14-0311 Attachments: View Report 85301 CMS.pdf This City Resolution was Adopted. S7.26 Subject: Settlement Agreement - Hampton, Et Al. 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 Hampton, Et Al V. City Of Oakland, Et Al., United States District Court, Case No. C13-3094 DMR, City Attorney's File No. 29442, In The Amount Of Fifteen Thousand Dollars ($15,000.00) (Oakland Police Department - Wrongful Detention 14-0313 Attachments: View Report 85302 CMS pdf This City Resolution was Adopted. City of Oakland Page 12 Printed on 1/7/2015",12,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S7.27 Subject: Appropriation Of Regional Measure 2 Safe Routes To Transit Funds From: Oakland Public Works Department Recommendation: Adopt A Resolution Authorizing The City Administrator, The Director Of Public Works, Or The Assistant Director, Bureau Of Engineering And Construction, To Execute Agreements With BART, Fourth Bore Coalition, And Metropolitan Transportation Commission (MTC) For The SR2T Grant Funds And To Accept And Appropriate: 1) Four Hundred Seventy-Two Thousand Dollars ($472,000.00) In Regional Measure 2 (RM-2) Safe Routes To Transit (SR2T) Funds; 2) Eighteen Thousand Dollars ($18,000.00) Matching Funds From BART; And 3) Fifty Thousand Dollars ($50,000.00) Matching Funds From Fourth Bore Coalition; To Fund Pedestrian And Bicycle Access And Safety Improvement Around Rockridge BART Station, And At The Intersections Of College Avenue/Keith Avenue And College Avenue/Miles Avenue 14-0214 Attachments: Measure 2 85303 CMS.pdf This City Resolution was Adopted. S7.28 Subject: 5107 Broadway Major Encroachment Permit From: Planning & Building Department Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit To Merrill Gardens At Rockridge LLC To Allow Fourteen Tie Backs To Encroach Into The Public Right-Of-Way Along The Building's Frontage At 5107 Broadway 14-0215 Attachments: View Report.pdf 85304 CMS.pdf This City Resolution was Adopted. City of Oakland Page 13 Printed on 1/7/2015",13,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"S7.30 Subject: Sale Of Surplus Lot On Tunnel Road From: Economic & Workforce Development Department Recommendation: Adopt An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement For The Sale Of A City- Owned Surplus Vacant Lot APN: 048H-7520-066 Located On The West Side Of Tunnel Road Next To 2245 Tunnel Road To Zafer Yasa For Two Hundred Thousand Dollars ($200,000) And Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement For This Sale. 14-0218 Attachments: View Report View Supplemental Report 13282 CMS.pdf This Ordinance was Approved for Final Passage. City of Oakland Page 14 Printed on 1/7/2015",14,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S7.31 Subject: Definition Of Deferred Maintenance From: Housing & Community Development Department Recommendation: Adopt A Resolution Amending Rent Adjustment Regulations, Appendix A, Sections 10.1 And 10.2.2 To Address Excluding The Costs Of Deferred Maintenance From Capital Improvement And Housing Service Costs Rent Increases 14-0216 Attachments: View Report 85306 CMS.pdf This City Resolution was Adopted. S7.32 Subject: Contract For Impact Fee Nexus Study From: Planning & Building Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A Professional Services Agreement With Hausrath Economics Group For Preparation Of An Impact Fee Nexus Study And Implementation Strategy In An Amount Of One Million One Hundred Thousand Dollars ($1,100,000); And To Apply For, Accept And Appropriate Grant Funds Should They Become Available For The Same Stated Purpose, And To Increase The Contract Amount To Reflect Additional Grant Funds Obtained Without Returning To Council 14-0210 Attachments: View Report 85307 CMS.pdf This City Resolution was Adopted. City of Oakland Page 15 Printed on 1/7/2015",15,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S7.33 Subject: 2014 Community Oriented Policing Services (COPS) Grant From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee, On Behalf Of The City Of Oakland To (1) Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million Eight Hundred Seventy-Five Thousand Dollars ($1,875,000) From The U.S. Department Of Justice, Office Of Community Oriented Policing Services (USDOJ/COPS) To Fund The Entry-Level Salary And Fringe Benefits Costs Of Fifteen (15) Full-Time Equivalent (FTE) Police Officers Positions For A Thirty-Six Month Period From September 1, 2014 Through August 31, 2017; (2) Appropriate Said Funds To The Oakland Police Department (OPD); (3) Authorize An Appropriation Of Eight Million Seven Hundred Seventy-Four Thousand Nine Hundred Forty-Four Dollars ($8,774,944) From The Undesignated General Purpose Fund To OPD's Baseline Budget To Cover The Local Cash Match Requirement And Central Services Overhead Cost 14-0220 Attachments: View Report.pdf 85308 CMS.pdf This City Resolution was Adopted. S7.34 Subject: Housing, Residential Rent And Relocation Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Jessica ""Jessie"" Warner, Tyfahra D. Singleton And Thomas Cameron And Reappointment Of Noah Frigault To The Housing, Residential Rent And Relocation Board 14-0314 Attachments: View Report.pdf This City Resolution was Continued.to the Meeting of the Oakland City Council to be heard 1/6/2015 S7.35 Subject: Approving Final Map For Tract No. 8176 At 857-867 West Grand Avenue From: Planning & Building Department Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Conditionally Approving A Final Map For Tract No. 8176 Located At 857-867 West Grand Avenue For A Six Lot Residential Subdivision For Flatlands Development LLC; And 14-0227 Attachments: View Report.pdf 85309 CMS.pdf This City Resolution was Adopted. City of Oakland Page 16 Printed on 1/7/2015",16,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 2) Resolution Authorizing The City Administrator Or His Designee To Enter Into A Subdivision Improvement Agreement With Flatlands Development LLC For Deferred Construction Of Public Infrastructure Improvements As A Condition To Final Map Approval For Tract No. 8176 Located At 857-867 West Grand Avenue 14-0228 Attachments: 85310 CMS.pdf This City Resolution was Adopted. S7.36 Subject: Approving Final Map For Tract No. 8196 At 4425 Piedmont Avenue From: Planning & Building Department Recommendation: Adopt The Following Pieces Of Legislation: 1) Resolution Conditionally Approving A Final Map For Tract No. 8196 Located At 4425 Piedmont Avenue For A Seven Lot Subdivision For 4425 Piedmont LP; And 14-0229 Attachments: View Report 85311 CMS.pdf This City Resolution was Adopted. 2) Resolution Authorizing The City Administrator Or His Designee To Enter Into A Subdivision Improvement Agreement With 4425 Piedmont LP For Deferred Construction Of Public Infrastructure Improvements As A Condition To Final Map Approval For Tract No. 8196 Located At 4425 Piedmont Avenue 14-0230 Attachments: 85312 CMS.pdf This City Resolution was Adopted. 8 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION & DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS A motion was made by Reid, seconded by Schaaf, that this matter be Approve as Submitted the oral report from the Office of the City Attorney of 2 final decisions made during Closed Session. Please refer to Attachment A for the details of the final decision. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Reid, Schaaf, and Kernighan Absent: 1 - Kaplan COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA: City of Oakland Page 17 Printed on 1/7/2015",17,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 9. CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS: 9.1 Subject: Rockridge Business Improvement District Annual Report From: Economic & Workforce Development Department 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 2015-2016 14-0275 Attachments: View Report 85313 CMS.pdf Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened at 8:20 p.m. No individuals spoke on this item. Councilmember Kalb made a motion, seconded by Councilmember Gallo, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Reid, Schaaf, President Kernighan, 1 Absent - Kaplan. A motion was made by Kalb, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Reid, Schaaf, and Kernighan Absent: 1 - - Kaplan City of Oakland Page 18 Printed on 1/7/2015",18,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 9.2 Subject: Montclair Business Improvement District Annual Report From: Economic & Workforce Development Department 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 2015-2016 14-0276 Attachments: View Report 85314 CMS.pdf Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at 8:21 p.m. No individuals spoke on this item. Vice Mayor Reid made a motion, seconded by Councilmember Gallo, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Reid, Schaaf, President Kernighan, 1 Absent - Kaplan. A motion was made by Reid, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Reid, Schaaf, and Kernighan Absent: 1 - Kaplan 9.3 Subject: 2015 - 2023 Housing Element From: Planning & Building Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Adopting The 2015-2023 Housing Element As A General Plan Amendment To The Oakland General Plan And Adopting The Addendum To The Previous CEQA Documents, As Recommended By The City Planning Commission 14-0217 Attachments: View Report View Supplemental Report.pdf 85315 CMS.pdf Upon the reading of Item 9.3 by the City Clerk, the Public Hearing was opened at 8:22 p.m. Six individuals spoke on this item. Councilmember Gallo made a motion, seconded by Councilmember Kalb, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Schaaf, President Kernighan, 1 Absent Reid This City Resolution was Adopted. City of Oakland Page 19 Printed on 1/7/2015",19,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - - Reid 9.4 Subject: Assessment Of Liens For Delinquent Garbage Fees From: Finance Department Recommendation: Conduct A Public Hearing On Delinquent Garbage Fees For April/May/June 2014 Monthly Accounts And July-August-September 2014 Quarterly Accounts And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or 14-0245 Attachments: View Report.pdf 85316 CMS.pdf Upon the reading of Item 9.4 by the City Clerk, the Public Hearing was opened at 8:36 p.m. No individuals spoke on this item. President Pro Tem Kaplan made a motion, seconded by Councilmember Gallo, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Schaaf, President Kernighan, 1 Absent - Reid A motion was made by Kaplan, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - Reid 2) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment Charges As Necessary-Pursuant To Chapter 8.28 Of The Oakland Municipal Code; Or 14-0248 This City Resolution was Not Adopted. City of Oakland Page 20 Printed on 1/7/2015",20,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 3) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection 14-0249 This City Resolution was Not Adopted. 9.5 Subject: Assessment Of Liens For Delinquent Business Taxes From: Finance Department Recommendation: Conduct A Public Hearing On The Assessment Of Liens For Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; Or 14-0250 Attachments: View Report 85317 CMS.pdf Upon the reading of Item 9.5 by the City Clerk, the Public Hearing was opened at 8:37 p.m. No individuals spoke on this item. Councilmember Gallo made a motion, seconded by President Pro Tem Kaplan, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Schaaf, President Kernighan, 1 Absent Reid A motion was made by Gallo, seconded by Kaplan, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - - Reid City of Oakland Page 21 Printed on 1/7/2015",21,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 2) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code; Or 14-0251 This City Resolution was Not Adopted. 3) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection 14-0252 This City Resolution was Not Adopted. 9.6 Subject: Assessment Of Liens For Delinquent Real Property Transfer Taxes From: Finance Department Recommendation: Conduct A Public Hearing On The Assessment Of Liens For Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or 14-0253 Attachments: View Report 85318 CMS.pdf Upon the reading of Item 9.6 by the City Clerk, the Public Hearing was opened at 8:38 p.m. No individuals spoke on this item. Councilmember Gallo made a motion, seconded by Councilmember Gibson McElhaney, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Schaaf, President Kernighan, 1 Absent - Reid. A motion was made by Gallo, seconded by Gibson McElhaney, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan City of Oakland Page 22 Printed on 1/7/2015",22,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or 14-0256 Attachments: View Report 85319 CMS.pdf Upon the reading of Item 9.7 by the City Clerk, the Public Hearing was opened at 8:39 p.m. No individuals spoke on this item. Councilmember Gallo made a motion, seconded by President Pro Tem Kaplan, to close the Public Hearing, and hearing no objections, the motion passed by 7 Ayes: Brooks, Gallo, Gibson McElhaney, Kalb, Schaaf, President Kernighan, 1 Absent Reid. A motion was made by Gallo, seconded by Kaplan, that this matter be Adopted. The motion carried by the following vote: City of Oakland Page 23 Printed on 1/7/2015",23,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - Reid 2) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Transient Occupancy Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code; Or 14-0257 This City Resolution was Not Adopted. 3) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection 14-0258 This City Resolution was Not Adopted. ACTION ON OTHER NON-CONSENT CALENDAR ITEMS: S10 Subject: Ban Of Bullhook Use On Elephants From: Councilmembers Gallo And Kalb Recommendation: Adopt An Ordinance Amending Titles 1 And 6 Of The Oakland Municipal Code To Add Provisions Prohibiting In The City Of Oakland The Use Of A Bullhook, Ankus, Or Other Implement Or Tool Designed To Inflict Pain On Elephants To Train Them Or Control Their Behavior, And Prohibiting The Use Of Baseball Bats, Axe Handles Or Pitchforks To Train And/Or Control Elephant Behavior 14-0131 Attachments: View Report.pdf View Supplemental Report.pdt 13280 CMS.pdf The Council amended the ordinance to delay implementation of the regulations until September 2017. A motion was made by Kaplan, seconded by Gallo, that this matter be Approved As Amended On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard 12/16/2014. The motion carried by the following vote: Abstained: 1 - Gibson McElhaney Aye: 5 - Gallo, Kalb, Kaplan, Schaaf, and Kernighan No: 2 - Brooks, and Reid City of Oakland Page 24 Printed on 1/7/2015",24,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council A motion was made by Vice Mayor Reid, seconded by Councilmember Kalb, to extend the meeting past 12:00 a.m. The motion passed with a vote of 8 Ayes. 11 Subject: Increasing The Salary Of The Director Of Animal Services Classification From: Office Of The City Administrator Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Increase The Salary Of The Director Of Animal Services Classification 14-0168 Attachments: View Report.pdf View Supplemental Report 13281 CMS.pdf A motion was made by Kalb, seconded by Kaplan, that this matter be Approved On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard 12/16/2014. The motion carried by the following vote: Abstained: 1 - Gibson McElhaney Aye: 7 - Brooks, Gallo, Kalb, Kaplan, Reid, Schaaf, and Kernighan 12 Item 12, Approving Final Map For Tract No. 8176 At 857-867 West Grand Avenue, has been moved to the Consent portion of the agenda and renumbered as Item S7.35. 13 Item 13, Approving Final Map For Tract No. 8196 At 4425 Piedmont Avenue, has been moved to the Consent portion of the agenda and renumbered as Item S7.36. 14 Subject: Lake Merritt Station Area Plan And Related Actions From: Planning & Building Departmen Recommendationon: Adopt An Ordinance, Amending The Oakland Planning Code To Create The D-LM Lake Merritt Station Area District Zone Regulations And Make Conforming Changes To Other Planning Code Sections, As Well As Adopting Zoning And Height Area Maps 14-0121-1 Attachments: View Report.pdf View Supplemental Report 13276 CMS.pdt A motion was made by Gallo, seconded by Kaplan, that this matter be Approved for Final Passage. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - - Reid City of Oakland Page 25 Printed on 1/7/2015",25,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 15 Subject: Oakland Zoo Conservation Easement From: Planning & Building Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance, Which Was Considered By The Parks And Recreation Advisory Commission, Granting A 53-Acre Conservation Easement In Knowland Park, Located At 9777 Golf Links Road, To Protect The Alameda Whipsnake, Which Further Implements The June 2011California Trail Exhibit Project Approvals, Conditions Of Approval And Mitigation Measures And Authorizing The City Administrator To Take Any And All Actions Necessary To Implement The Conservation Easement Without Returning To Council (CEQA Determination: Reliance On Previously Approved 2011 Subsequent Mitigated Negative Declaration/Addendum) 14-0158 Attachments: View Report.pdf View Supplemental Report.pdf 13277 CMS.pdf There were 25 speakers on this item. A motion was made by Reid, seconded by Gallo, that this matter be Approved for Final Passage. The motion carried by the following vote: Aye: 5 - - Gallo, Gibson McElhaney, Reid, Schaaf, and Kernighan No: 2 - Kalb, and Kaplan Absent: 1 - - Brooks City of Oakland Page 26 Printed on 1/7/2015",26,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 16 Subject: Government Ethics Act From: Councilmember Dan Kalb And The Office Of The City Attorney Recommendation: Adopt A ""Government Ethics Act"" Ordinance (A) Adopting And Expanding Local Oversight Over Ethical Requirements Regarding Conflicts Of Interest, Revolving Door, Use Of City Resources For Private Gain, Gifts, City Officers Contracting With The City, And Other Ethics Issues; (B) Adopting And Expanding State Governmental Ethics Laws Applicable To Local Government Officials And Public Servants; (C) Granting The Public Ethics Commission Authority To Impose Penalties For Violations Of Certain Charter Provisions Including Sections 218 (Noninterference In Administrative Affairs) And 907 (Nepotism); (D) Requiring That The Public Ethics Commission Provide Training, Advice And Assistance Regarding Compliance With The Act; And (E) Authorizing The Commission To Impose Penalties And Fines For Violations [TITLE CHANGE] 14-0078 Attachments: View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 13278 CMS.pdf A motion was made by Kalb, seconded by Gallo, that this matter be Approved for Final Passage. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan 17 Subject: Establishing A Rainy Day Policy And Consolidated Fiscal Policy From: Office Of The City Administrator And Councilmember Schaaf Recommendation: Adopt An Ordinance Amending The City Of Oakland Financial Policies, To Establish A New Rainy Day Policy And Consolidating All Fiscal Policies Into The City Of Oakland Consolidated Fiscal Policy 14-0120 Attachments: View Report.pdf View Supplemental Report View Supplemental Report 13279 CMS.pdf A motion was made by Schaaf, seconded by Kaplan, that this matter be Approved for Final Passage. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 27 Printed on 1/7/2015",27,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S18 Subject: Resolution Awarding Contract To Sans Digital From: Finance Department Recommendation: Adopt A Resolution Awarding A Contract To Sans Digital, A Corporation, To Furnish A Video File Delivery And File Sharing Network System, In An Amount Not To Exceed One Hundred Thousand, Two Hundred Twenty-Three Dollars And Sixty-One Cents ($100,223.61), In Accordance With Specification No. 14-206-89/Request For Quotation (RFQ) No. 5052 And The General Conditions Therfor On File In Purchasing According To Its Bid Filed With The City On May 5, 2014. 14-0167 Attachments: View Report 85320 CMS.pdf A motion was made by Gallo, seconded by Gibson McElhaney, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - Reid S19 Subject: HRA Administrator Contract With ICMA-RC From: Human Resources Management Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Execute A Three (3) Year Contract (January 1, 2015 To December 31,2017) With One Option To Extend For An Additional Two (2) Year Term, With ICMA-RC, For Plan Administration Services Of A Health Reimbursement Account (HRA) Under An Agreed Upon Fee Structure To Be Paid By Individual Account Participants And Waiving Advertising And The Request For Proposals/Qualifications Process 14-0234 Attachments: View Report.pdf 85321 CMS.pdt A motion was made by Gallo, seconded by Kernighan, that this matter be Adopted. The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Schaaf, and Kernighan Absent: 1 - - Reid City of Oakland Page 28 Printed on 1/7/2015",28,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S20 Subject: Setting The Salary For The Newly Elected City Auditor From: Office Of The City Administrator And Council President Kernighan Recommendation: Adopt A Resolution Setting The Salary For The Newly Elected City Auditor Of The City Of Oakland Pursuant To The Oakland City Charter, Article Iv, Section 403, Effective 2015 14-0271 Attachments: View Report.pdf 85322 CMS.pdf There was one speaker on this item. A motion was made by Kaplan, seconded by Schaaf, that this matter be Adopted. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan S21 Subject: Emeryville-Berkeley-Oakland Transit Study From: Planning & Building Department Recommendation: Receive A Report And Provide Possible Direction To Staff To Endorse And/Or Provide Comments To The City Of Emeryville, As The Lead Agency, In Response To The Draft Emeryville-Berkeley-Oakland Transit Study (EBOTS) 14-0191 Attachments: View Report.pdf 1 14-157a EBOTS A motion was made by Reid, seconded by Kaplan, that this matter be Received and Filed with the following recommendations: 1. Do not recommend metal-rail streetcars; 2. Route should go to shops on Shellmound Street not Hollis Street in Emeryville; 3. Route should not impede freight transportation; and 4. Encourage partnership with AC Transit. The Committee also directed staff to review the short and mid-term plans, and if implemented, provide analysis of the impact on development in North Oakland along the San Pablo corridor. The motion carried by the following vote: Abstained: 1 - Brooks Aye: 7 - - Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 29 Printed on 1/7/2015",29,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S22 Subject: Telegraph Avenue Complete Streets Plan From: Oakland Public Works Department Recommendation: Adopt A Resolution Authorizing The Removal Of Travel Lanes And The Installation Of Bicycle Lanes On Telegraph Avenue From 19th Street To 41st Street, Making Associated Traffic Safety And Operational Improvements, And Committing To Future Study Of A Continuous Bikeway For The Area From 41st Street To 57th Street 14-0212 Attachments: View Report.pdf View Supplemental Report View Supplemental Report.pdf 85323 CMS.pd There were 30 speakers on this item. A motion was made by Kaplan, seconded by Gibson McElhaney, that this matter be Adopted as Amended to amend the second to last further resolved to read as follows: ""FURTHER RESOLVED: That the City Council authorizes a continuous, dedicated bikeway for the area from 41st Street to 57th Street, including the reconfiguration of the Telegraph Avenue / Shattuck Avenue intersection, and directs staff to study and conduct extensive community outreach on how best to implement the bikeway and reconfiguration to become a complete street and to seek all potential funding sources to support technical design assistance and a focused community outreach program on this matter; and be it"". The motion carried by the following vote: Aye: 7 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, and Schaaf Absent: 1 - Kernighan S23 Subject: Soft Story Seismic Retrofit Program Update From: Councilmember Dan Kalb And The Office Of The Mayor Recommendation: Receive An Informational Report On The Progress Of Soft Story Seismic Retrofit Program 14-0262 Attachments: View Report.pdf A motion was made by Schaaf, seconded by Kalb, that this matter be Received and Filed and directed staff to bring a follow up report to the Public Works Committee in January 2015. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 30 Printed on 1/7/2015",30,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S24 Subject: Real Property Acquisition And Disposition From: Economic & Workforce Development Dept. & City Attorney Recommendation: Adopt An Ordinance Updating And Revising The City's Real Property Acquisition And Disposition Laws, And Codifying Such Laws Into The Oakland Municipal Code 14-0162 Attachments: View Report View Supplemental Report View Supplemental Report View Supplemental Report.pdf A motion was made by Kalb, seconded by Gibson McElhaney, that this matter be Approved As Amended On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard 12/16/2014. The following amendments were made: 1) 2.42.040 Compliance with State Laws: The City shall comply with all state laws, the extent applicable, governing the sale of real property, including the Surplus Lands Act (California Government Code Sections 54220, et seq.). Prior to soliciting bids from other entities for surplus land, the City shall send written offers to sell or lease surplus land for the purpose of developing housing where at least 25% of the units are affordable to persons of low or moderate income to housing sponsors, including nonprofit housing providers. The City shall offer such housing providers first priority for 90 days to negotiate for the purchase or lease of the property for the development of affordable housing. 2) 2.42.050 Process for selling City real property: D. Administrative authority. Notwithstanding the above, the City Administrator or his or her designee is delegated the full and complete authority to sell City real property in any of the following circumstances: 1. The sale is required by an agency of the state or federal government; 2. The real property has a fair market value of $50,000 or less; or 3. The real property was formerly owned by the Redevelopment Agency of the City of Oakland (the ""Redevelopment Agency"") or the Oakland Redevelopment Successor Agency (""ORSA""), and the Redevelopment Agency or ORSA governing body delegated the authority to sell the real property to the administrative staff of the respective agency by resolution. 4) The City Administrator or his or her designee is authorized to negotiate and execute all documents necessary for the sale of such real property and take other actions necessary to complete such sale. No further City Council action is required for such sales. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 31 Printed on 1/7/2015",31,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council S25 Subject: Establish Policy To Lease, Rather Than Sell, City Property From: Offices Of The City Administrator And City Attorney, And Councilmember Gibson McElhaney Recommendation: Adopt A Resolution Establishing A General Policy To Lease, Rather Than Sell, City Property 14-0175 Attachments: View Report.pdf 85324 CMS.pdf A motion was made by Kaplan, seconded by Gibson McElhaney, that this matter be Adopted. The motion carried by the following vote: Abstained: 1 - - Brooks Aye: 6 - Gallo, Gibson McElhaney, Kalb, Reid, Schaaf, and Kernighan Absent: 1 - - Kaplan S26 Subject: Oakland Army Base Amendments From: Office Of The City Administrator Recommendation: Adopt The Following Pieces Of Legislation: 1) Ordinance Authorizing The City Administrator To Negotiate And Execute A Third Amendment To The Army Base Gateway Redevelopment Project Lease Disposition And Development Agreement (""LDDA"") With Prologis CCIG Oakland Global, LLC (""Developer"") Substantially In Conformance With The Attached Term Sheet, Without Returning To The City Council, To: (1) Divide The Central Gateway Between Developer Affiliates Prologis, L.P. (""Prologis"") And CCIG Oakland Global, LLC (""CCIG""); (2) Exclude From The Central Gateway Ground Lease An Approximately 14.63 Acre Parcel Known As MH-1; (3) Change The Central Gateway Lessee To Prologis; (4) Negotiate And Execute A New Ground Lease With CCIG For The MH-1 Parcel; (5) Provide The Option To Lease The East Gateway Parcels, CE1 And CE2, In Separate Phases; And (6) Amend The Leases As Necessary To Reflect The Term Sheet ; And 14-0235 Attachments: View Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf 13283 CMS.pdf A motion was made by Reid, seconded by Gibson McElhaney, that this matter be Approved On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard 12/16/2014. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 32 Printed on 1/7/2015",32,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 2) Resolution Authorizing The City Administrator To Negotiate And Execute, Without Returning To The City Council, A Rail Access Agreement And Related Agreements With The Port Or Oakland For A Term Up To 66 Years, To Enable Shared Rail Access For The City's Development At The Former Oakland Army Base; And 14-0236 Attachments: 85325 CMS.pdf A motion was made by Reid, seconded by 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 2) An Ordinance Authorizing The City Administrator To Negotiate And Execute, Without Returning To The City Council, An Amendment To The Lease Between The City And Port Of Oakland For Berth 9 Dated June 28,2013 To Extend The Term Up To March 2020, Expand The Use And Lease Premises, And Include Additional Related Amendments; And 14-0237 Attachments: 13284 CMS.pdf A motion was made by Reid, seconded by Gibson McElhaney, that this matter be Approved On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard 12/16/2014. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan 3) An Ordinance Authorizing The City Administrator To Negotiate And Execute, Without Returning To The City Council, An Agreement And Related Lease And Sublease With CCIG Oakland Global, LLC And/Or Caltrans, Regarding Caltrans': (1) Move From The West Gateway At The Former Oakland Army Base To City-Owned Land At The Base Commonly Known As Mh-1; And (2) Sublease From The City Of Berth 9 At The Port Of Oakland; And 14-0238 Attachments: 13285 CMS.pdf A motion was made by Reid, seconded by Gallo, that this matter be Approved On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard 12/16/2014. The motion carried by the following vote: Aye: 8 - Brooks, Gallo, Gibson McElhaney, Kalb, Kaplan, Reid, Schaaf, and Kernighan City of Oakland Page 33 Printed on 1/7/2015",33,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"14-0315 Attachments: View Report.pdf This City Resolution was Withdrawn with No New Date. CONTINUATION OF OPEN FORUM City of Oakland Page 34 Printed on 1/7/2015",34,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2014-12-09,"Special Concurrent Meeting of the Meeting Minutes December 9, 2014 Oakland Redevelopment Successor Agency/City Council 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 David Robert Ruenzel, Michael Brown, Eric Garner, Tamir Rice, Arnold White, and Regina E. Enabulele at 1:51 a.m. Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510)238-6406 Fax: (510) 238-6699 Recorded Agenda: (510)238-2386 Telecommunications Display Device: (510) 238-3254 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 Page 35 Printed on 1/7/2015",35,OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2014-12-09.pdf