body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes
LaTonda Simmons, City
Clerk
CITY OF 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, May 3, 2016
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 5:34 pm.
2
ROLL CALL / CITY COUNCIL
Present 8- - Desley Brooks, Annie Campbell Washington, Noel Gallo, Abel J. Guillén, Dan
Kalb, Rebecca Kaplan, Laurence E. Reid, and Lynette Gibson McElhaney
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor,
Council Acknowledgements/Announcements):
Councilmember Kaplan took a point of personal privilege and requested that the
meeting be adjourned in memory of ""Prince"" Roger Nelson.
Councilmember Brooks, Council President Gibson McElhaney and
Councilmember Guillén requested association with this adjournment.
Councilmember Kaplan and Councilmember Kalb took a point of personal
privilege and requested that the meeting be adjourned in memory of Eileen
Hanson.
Councilmember Guillén took a point of personal privilege and requested that the
meeting be adjourned in memory of Sergio Barja.
President Pro Tem Reid and Council President Gibson McElhaney took a point of
personal privilege and requested that the meeting be adjourned in memory of Dr.
Kelly M. Bailey.
Council President Gibson McElhaney took a point of personal privilege and
requested that the meeting be adjourned in memory of Mary Lou Behr.
City of Oakland
Page 1
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
4.1
Subject:
Oakland Small Business Week
From:
Councilmember Noel Gallo
Recommendation: Adopt A Resolution Recognizing Oakland Entrepreneurs In
Celebration Of National Small Business Week, May 1-7, 2016
15-0879
Attachments: View Report
86136 CMS
A motion was made by Gallo, seconded by Reid, that this matter be Adopted. The
motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
4.2
Subject:
Proclaiming East Bay Affordable Housing Week
From:
Council President Gibson McElhaney
Recommendation: Adopt A Resolution Proclaiming May 13 To May 21, 2016 As The
20th Annual East Bay Affordable Housing Week And Affirming The City of Oakland's
Commitment To Supporting Affordable Housing At All Levels Of Government
15-0924
Attachments: View Report
86137 CMS
There were 3 speakers on this item.
A motion was made by Reid, seconded by Guillén, that this matter be Adopted.
The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
4.3
Subject:
Declaring May 12, 2016 As Bike To Work Day
From:
Vice Mayor Campbell Washington
Recommendation: Adopt A Resolution Proclaiming May 12, 2016 As Bike To Work
Day In The City Of Oakland To Mark The Importance Of Bicycling To Promote Greater
Health, To Build Stronger Local Economies, To Enhance Community Connection, To
Increase Sustainability For The City And Its Residents And To Urge Oaklanders To
Ride Their Bicycles
15-0944
Attachments: View Report
View Supplemental Report
86138 CMS
There was 1 speaker on this item.
A motion was made by Campbell Washington, seconded by Kaplan, that this
matter be Adopted. The motion carried by the following vote:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Gibson
McElhaney
Absent: 1 - Reid
4.4
Pursuant to Rule 28(a) of Resolution 82580 C.M.S., this item was
removed from this agenda and rescheduled to the May 17, 2016
City Council meeting.
4.5
Subject:
Municipal Clerk's Week
From:
Council President Gibson McElhaney
Recommendation: Adopt A Resolution Declaring May 1, 2016 Through May 7, 2016
Municipal Clerk's Week In The City Of Oakland
15-0943
Attachments: View Report
86139 CMS
A
motion was made by Campbell Washington, seconded by Kaplan, that this
matter be Adopted. The motion carried by the following vote:
Aye: 7 - - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Gibson
McElhaney
Absent: 1 - Reid
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF APRIL 19, 2016
15-0930
Attachments: View Report
A motion was made by Kaplan, seconded by Gallo, that this matter be Received
and Filed. The motion carried by the following vote:
Aye:
8
- Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
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):
The agenda will be heard in the following order: Item 11, 16, 9.1, 12-15.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"and the City Council
Subject:
Protect Oakland Renters Act Ballot Measure
From:
Members Of The Public
Recommendation: Receive An Informational Report And Give Staff Direction On Next
Steps About A Proposed Ordinance (The ""Protect Oakland Renters Act"") That Would
Establish The Composition And Functions Of The Rent Board; Establish Rent
Adjustments For Certain Units; And Establish Procedures For Governance Of Rental
Units In The City Of Oakland [TITLE CHANGE]
15-0827
Attachments:
View Report
View Report
A motion was made by Brooks, seconded by Kaplan, that this matter be
Scheduled to the Meeting of the Oakland City Council, to be heard 5/17/2016. The
motion failed by the following vote:
Recused:
1 Guillén
Aye:
3 - Brooks, Gallo and Kaplan
No:
3 - Campbell Washington, Kalb Gibson McElhaney
Absent:
1 Reid
7
CONSENT CALENDAR (CC) ITEMS:
Approval of the Consent Agenda
A motion was made by Reid, seconded by Gallo, to approve the Consent Agenda.
The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
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
15-0931
Attachments: View Report
86140 CMS
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
7.2
Subject:
Declaration Of 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
15-0932
Attachments: View Report
86141 CMS
This City Resolution was Adopted.
7.3
Subject:
NOFA Housing Policy Recommendations
From:
Housing & Community Development Committee
Recommendation: Adopt An Ordinance Amending Chapter 15.68 Of The Oakland
Municipal Code To (1) Allow Affordable Housing Trust Funds From Funds Distributed
To The City Under Redevelopment Dissolution Laws To Be Used For Ownership
Housing And Mortgage Assistance To Households With Incomes Up To 120% Of
Area Median Income, And (2) Allow The Use Of Affordable Housing Trust Funds To
Preserve Affordable Housing That Is At Imminent Risk Of Loss Due To Tax Defaults,
Rent Increases, Demolition, Or Conversion To Other Uses [TITLE CHANGE]
15-0768
Attachments: View Report
View Supplemental Report
View Supplemental Report
13364 CMS
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
7.4
Subject:
Citywide Impact Fees Adoption
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The
Following Pieces Of Legislation:
1) An Ordinance (1) Amending The Oakland Municipal Code To Establish City-Wide
Affordable Housing Impact Fees And Make Related And Conforming Amendments,
Including Minor Amendments For Consistency Purposes To The Jobs-Housing Impact
Fee Codified In OMC Chapter 15.68, (2) Amending The Master Fee Schedule
(Ordinance No. 13320, C.M.S., As Amended) To Include The Affordable Housing
Impact Fees, And (3) Adopting CEQA Exemption Findings; And
15-0754
Attachments: View Report
Attachment A, January 26, 2016 CED Agenda Report
Attachment B, February 9, 2016 CED Agenda Report, Supplemental
Report
Attachment C, February 9, 2016 Memo, Motion to Adopt from four
Council Members
Attachment D, Oakland Afford Housing Impact Fee Nexus Analysis
Attachment E, Oakland Transportation and Cap Imp Impact Fee
Nexus Analysis
Attachment F, Target Impact Fees with Maximum Legal Impact Fees
Tables
Attachment G, Map of Impact Fee Zones for Residential Projects,
smaller size
Attachment H, EBHO On-Site Proposal
Attachment I, Development Impact Fees Administrative Program
Cost Analysis
Attachment J, Oakland Impact Fee Program CEQA Compliance
View Supplemental Report
view supplemental report
13365 CMS
There were 44 speakers on this item.
A motion was made by Reid, seconded by Kaplan, that this matter be Approved
for Final Passage. The motion carried by the following vote:
Aye: 7 - Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson McElhaney
No: 1 - - Brooks
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
2) An Ordinance (1) Amending The Oakland Municipal Code To Establish City-Wide
Transportation And Capital Improvements Impact Fees And Make Related And
Conforming Amendments, (2) Amending The Master Fee Schedule (Ordinance No.
13320, C.M.S., As Amended) To Include The Transportation And Capital
Improvements Impact Fees, And (3) Adopting CEQA Exemption Findings
15-0755
Attachments: 13366 CMS
A motion was made by Reid, seconded by Kaplan, that this matter be Approved
for Final Passage. The motion carried by the following vote:
Aye: 7 - Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson McElhaney
No: 1 Brooks
7.5
Subject:
1638-47th Avenue Church And School Conversion To Residential Units
From:
Planning & Building Department
Recommendation: Adopt An Ordinance, As Recommended By The City Planning
Commission, To Rezone The Project Site From RU-1 Urban Residential Zone-1 To
RU-4 Urban Residential Zone - 4 With Height Area 45 For 1638-47th Avenue And
Adopt CEQA Exemptions
15-0806
Attachments: View Report
View Presentation
13367 CMS
This Ordinance was Approved for Final Passage.
7.6
Subject:
Settlement Agreement - Claim Of Juan Carlos Pacheco
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Claim Of Juan Carlos Pacheco, In The Amount Of
Thirteen Thousand One Hundred Ninety Nine Dollars And 30/100 Cents ($13,199.30)
As The Result Of Damages Sustained From An Automobile Collision On February 3,
2016 (Oakland Police Department- Automobile Collision)
15-0939
Attachments:
View Report
86142 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
7.7
Subject:
Settlement Agreement - Claim Of Lester Austin
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Claim Of Lester Austin, In The Amount Of Nine
Thousand Five Hundred Dollars And 00/100 Cents ($9,500.00) As The Result Of
Damages Sustained From A Trip And Fall Incident On April 30, 2015 (Public Works
Agency- Trip And Fall)
15-0940
Attachments: View Report
86143 CMS
This City Resolution was Adopted.
7.8
Subject:
Settlement Agreement - Claim Of Erica Jackson
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Claim Of Erica Jackson, In The Amount Of Seven
Thousand Five Hundred Dollars And 00/100 Cents ($7,500.00) As The Result Of
Damages Sustained From An Automobile Collision On May 7, 2015 (Oakland Police
Department- Automobile Collision)
15-0941
Attachments: View Report
86144 CMS
This City Resolution was Adopted.
S7.9
Subject:
One-Year Contract For Citywide Check Stock
From:
Finance Department - Controller's Bureau
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Waive Competitive Bidding And Award A One year Contract For The
Purchase Of Customized, E-Z Fold Check Stock Needed For Accounts Payable,
Payroll, Retirement, And Successor Redevelopment Agency Payments To CTP
Solutions, In An Amount Not-To-Exceed Ten-Thousand Dollars ($10,000)
15-0861
Attachments: View Report
86145 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S7.10
Subject:
Off-Street Parking Contracts Capacity
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Amending The Fiscal Year 2015-2016 Budget
By Appropriating Revenue From Off-Street. Parking Operations By An Additional
$650,000.00 And Expenses For Increased Levels Of Service Of Parking Facility
Operations By An Additional $650,000 In Multipurpose Reserve Fund (1750);
Authorizing And Directing The City Administrator To Amend The City's Parking
Operations Contracts With City Of Oakland Parking Partners By An Additional
$600,000 And With Montclair Village Association By An Additional $50,000.00; And
Waiving The Request For Qualifications/Proposa Competitive Selection Requirement
15-0846
Attachments: View Report
View Supplemental Report
86146 CMS
This City Resolution was Adopted.
S7.11
Subject:
FY 2016-17 Landscaping And Lighting Assessment District Intention
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Of Intention To Levy Assessments, Accept
The Fy 2016-17 Preliminary Engineer's Report For The City Of Oakland Landscaping
And Lighting Assessment District, And Set June 7, 2016 At 6:30pm As The Date And
Time For A Public Hearing
15-0914
Attachments: View Report
86147 CMS
This City Resolution was Adopted.
S7.12
Subject:
Establishment Of Two-Hour And No Parking Restrictions
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution To Establish: 1) Two-Hour Parking
Restrictions Between 8:00 A.M. And 6:00 P.M., Monday Through Sunday, On The
South Side Of 31st Street From The Westerly Line Of Telegraph Avenue To The
CalTrans Property Right-Of-Way Of The Grove Shafter Freeway (Interstate 980); And
2) No Parking Restrictions Between 8:00 P.M. And 6:00 A.M., Monday Through
Sunday, On Both Sides Of Covington Street From 215 Feet West Of Marlow Drive To
The North Terminus Of Covington Street
15-0845
Attachments: View Report
86148 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S7.13
Subject:
Measure DD Interest Allocation
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution To Allocate The Remaining $3,127,049.00
Measure DD Series 2003A And 2009B Unallocated Interest Funds To Previously
Approved Measure DD Series B Projects As The City Administrator Deems Necessary
To Assure The Timely Completion Of Measure DD Projects
15-0908
Attachments: View Report
86149 CMS
This City Resolution was Adopted.
S7.14
Subject:
TDA Article 3 Funds Approval
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply
For, Accept, And Appropriate Up To Five Hundred Thousand Dollars ($500,000.00) In
Fiscal Year 2016-17 State Transportation Development Act Article 3 Funds To
Prepare A Bicycle Master Plan
15-0915
Attachments: View Report
View Supplemental Report
86150 CMS
This City Resolution was Adopted.
S7.15
Subject:
Contract Authorizations: On-Call Sewer Cleaning Services
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Awarding Construction Contracts In An
Amount Not To Exceed One Million Five Hundred Thousand Dollars ($1,500,000.00),
Per Contract, From FY 2016-17 To FY 2018-19 To: 1) Nor-Cal Pipeline Services,
2) Pipe And Plant Solutions, 3) Andes Construction, Inc. And 4) Roto Rooter Sewer
Services In Accordance With Plans And Specifications For Oncall Sewer Cleaning
Services (Project No. A481310) For A Cumulative Project Allocation In An Amount
Not To Exceed Six Million Dollars ($6,000,000.00) For A Period Of Three Years, With
Three, One-Year Options To Negotiate And Renew Each Of The Aforementioned
Construction Contracts
15-0848
Attachments: View Report
86151 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S7.16
Subject:
On-Call Environmental And Hazardous Materials Consulting Contracts
From:
Oakland Public Works Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City Administrator, Or Her Designee, To Enter Into
Professional Services Agreements For On-Call Environmental Consulting Services In
An Amount Not To Exceed Five Hundred Thousand Dollars ($500,000.00) Each, For
A Three. Year Period From July 1, 2016 Through June 30, 2019, With The Firms: (1)
Erler & Kalinowski, Inc., (2) Haley & Aldrich, Inc., (3) Northgate Environmental, Inc. (4)
Rincon Consultants, Inc., (5) SLR International Corp., (6) Terraphase Engineering, (7)
TRC Companies, Inc. And (8) Weiss Associates; And
15-0859
Attachments: View Report
86152 CMS
This City Resolution was Adopted.
2) A Resolution Authorizing The City Administrator, Or Her Designee, To Enter Into
Professional Services Agreements For On-Call Hazardous Materials Consulting
Services In An Amount Not To Exceed Two Hundred Fifty Thousand Dollars
($250,000) Each, For A Three-Year Period From July 1, 2016 Through June 30, 2019,
With The Firms: (1) ACC Environmental Consultants, (2) Ninyo & Moore, (3) SCA
Environmental, Inc., And (4) Sensible Environmental Solutions, Inc.
15-0860
Attachments: 86153 CMS
This City Resolution was Adopted.
S7.17
Subject:
500 Kirkham DDA With TLC
From:
Economic And Workforce Development Department
Recommendation: Adopt An Ordinance (1) Authorizing The Purchase Of 500
Kirkham Street In West Oakland (The ""Property) From CalTrans, (2) Authorizing A
Disposition And Development Agreement with TL Partners V, LP., Or A Related Entity,
For The Sale And Development Of The Property For A Mixed-Use Project, And (3)
Making CEQA Findings For This Action
15-0864
Attachments: View Report
View Supplemental Report
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Meeting of the Oakland City Council to be heard 5/17/2016
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S7.18
Subject:
Lease Agreement For The City-Owned Property At 1226 73rd Avenue
From:
Human Services Department
Recommendation: Adopt An Ordinance Authorizing A Lease Agreement With East
Oakland Community Project For City-Owned Property At 1226-73rd Avenue For Use
As A Shelter Plus Care Housing Facility, For A Lease Term Of Five Years Until June
30, 2020
15-0865
Attachments: View Report
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Meeting of the Oakland City Council to be heard 5/17/2016
S7.19
Subject:
Youth Ventures JPA Amended Agreement & Marcus Foster Education Fund
From:
Human Services Department
Recommendation: Adopt The Folllowing Pieces Of Legislation:
1) A Resolution Authorizing An Amended Youth Ventures Joint Powers Authority
(JPA) Agreement That Focuses The Efforts Of The JPA Primarily On The City Of
Oakland And Removes References To The Previous Administrative Structure; And
15-0910
Attachments: View Report
86154 CMS
This City Resolution was Adopted.
2) A Resolution Authorizing The City Administrator To Enter Into A Contract With The
Youth Ventures Joint Powers Authority (JPA) Fiscal Agent Marcus A. Foster
Educational Institute DBA Marcus Foster Education Fund, In The Amount Of
$150,000 Per Year For Fiscal Years 2015-2016 And 2016-2017 For The City's Annual
Contribution To Support Operations Of The Youth Ventures JPA
15-0911
Attachments: 86155 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S7.20
Subject:
Deputizing Task Force Officers
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Enter Into A Memorandum Of Understanding (MOU) With The
Department Of Homeland Security (DHS), Office Of Homeland Security Investigations
(HSI) For The Purpose Of Allowing Particular Oakland Police Department (OPD)
Officers To Be Designated As United States Customs Title 19 Task Force Officers
(TFOS), Without Additional Compensation, Until The Expiration Date Of The
Agreement, Unless Revoked At An Earlier Date By Either OPD Or HSI
15-0812
Attachments: View Report
86156 CMS
A motion was made by Reid, seconded by Gallo, that this matter be Adopted. The
motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Reid, and Gibson McElhaney
No: 1 - Kaplan
S7.21
Subject:
SMU OPD Information Sharing MOU
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Enter Into A Memorandum Of Understanding (MOU) With Samuel Merritt
University (SMU) And Sutter East Bay Hospitals DBA Alta Bates Summit Medical
Center (ABSMC) For The Purpose Of Establishing, Information Sharing Protocols
Related To The Gathering Of Evidence From Sexual Assault, Violence And Hate
Crimes; And To Protect Victims' Confidential Information
15-0866
Attachments: View Report
86157 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S7.22
Subject:
OPD Peralta College Agreement
From:
Oakland Police Department
Recommendation: Adopt A Resolution Amending Resolution No. 84864 C.M.S.
(Which Authorized The City Administrator To Enter Into An Agreement With The
Peralta Community College District (PCCD) Regarding Public Safety Training Courses
With OPD And Accept Funds Worth An Estimated Amount Of Two Hundred
Thousand Three Hundred Forty-Nine Dollars ($200,349) For Additional Training Of
OPD Personnel And The Development Of A Training Facility), And To Accept Future
Funds That Are Provided By The State Through Reimbursement To PCCD If
Additional Academies Are Approved So That The Agreement Extends Beyond The
170th OPD Police Academy Towards Present And Future OPD Police Academies.
15-0913
Attachments: View Report
86158 CMS
This City Resolution was Adopted.
S7.23
Subject:
Support For AB 1957: Release Of Law Enforcement Body Camera Footage
From:
Councilmember Desley Brooks
Recommendation: Adopt A Resolution In Support Of Assembly Bill 1957 (Quirk)
Which Requires State Or Local Law Enforcement To Make Available, Upon Request,
Footage From Law Enforcement Body-Worn Cameras 60 Days After The
Commencement Of An Investigation Into Misconduct That Uses Or Involves That
Footage
15-0878
Attachments:
View Report
View Supplemental Report
View Supplemental Report
86159 CMS
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 Guillén, seconded by Reid, that this matter be Approve as
Submitted. The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Reid, and Gibson McElhaney
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
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
9
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING
REQUIREMENTS:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
9.1
Subject:
Amendments To Medical Cannabis Ordinances
From:
Office Of The City Administrator
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Ordinance Amending Oakland Municipal Code Chapter 5.80, Medical Cannabis
Dispensary Permits, To Align With California's Medical Marijuana Regulation And
Safety Act And Adopting CEQA Exemption Findings; And
15-0587
Attachments: View Report
View Supplemental Report
View Supplemental Report
Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened at
11:03 p.m.
47 individuals spoke on this item.
Councilmember Brooks made a motion, seconded by President Pro Tempore
Reid, to close the Public Hearing, and hearing no objections, the motion passed
by 8 Ayes: Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid and
President Gibson McElhaney.
Councilmember Brooks made a motion, seconded by President Pro Tempore
Reid, to approve the Ordinance on introduction as amended as follows:
1.
Add to Definitions Section 5.80.010 the following: Section M. ""General
Application permit"" shall mean all applications issued under OMC 5.80 with the
exception of Dispensary Equity Permits issued under section 5.80.040.
2.
DISPENSARY PERMIT APPLICATION:
a.
Section 5.80.020 (E) delete the following: ""Priority shall be given
to
dispensary applications owned and operated by Oakland residents, in particular
applicants owned and operated by Oakland residents in census tracts identified
by the City Administrator as having high unemployment rates.""
b.
Section 5.80.020(E) add the following: ""Fifty percent (50%) of all permits
issued under OMC 5.80 shall be issued to an Oakland resident who meets the
Dispensary Equity Permit Program requirements set forth in Section 5.80.050. At
no time shall the number of new General Application permits exceed the number
of Dispensary Equity Permits issued by the City Administrator. The eight (8)
existing Dispensary Operators are exempt from the 50% requirement.'
3.
Add the following to Section 5.80.040 - Performance and Operating
Standards:
i.
Section G. Fifty percent (50%) of all dispensary applications issued under
OMC 5.80 shall be issued to an Oakland resident who meets the Dispensary
Equity Permit Program requirements set forth in Section 5.80.050 below.
ii.
Section H. At no time shall the number of new General Application
permits exceed the number of Dispensary Equity Permits issued by the City
Administrator.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
4.
Add new Section 5.80.050 -DISPENSARY EQUITY PERMIT PROGRAM:
i.
Section A: CRITERIA. Applicant must have at least one member who
meets all of the following criteria:
1.
Be an Oakland resident who,
2. Resides for at least two years prior to the date of application in
Oakland Police Department Beats 26Y, 30X, 30Y, 31Z, 32Y, and 34X (Oakland
Police Department Beat Map is attached and incorporated herein by reference);
or those individuals who, within the last ten years, have been previously
incarcerated for marijuana-related offense as a result of a conviction arising out
of Oakland, California;
3. Maintains not less than a 50% ownership in the Dispensary applicant
entity, partnership, limited liability corporation, collective, corporation, worker
cooperative or other recognized ownership entity; and
4. Prior marijuana or cannabis conviction shall not be a bar to equity
ownership.
5.
Add the following: Section 5.80.020(4)(h) - That no cannabis or cannabis
odors shall be detectable by sight or smell outside of a permitted facility.
6. Renumber the balance of the sections accordingly.
The Council directed the City Administrator to include the following in the
implementation regulations:
1. Strengthened Enforcement of Local Hiring Provisions. Strengthen enforcement
of local hiring provisions by creating statutory fines for shortfalls and permit
revocation for repeated noncompliance. Additionally, onsite consumption
permits should be denied to dispensaries that do not meet the local hiring
requirements at the time of their application.
5. Advocate for and Assist Formerly Incarcerated Permit Holders with State
Suitability Process. Earmark resources for Oakland to proactively lobby on behalf
of licensed local businesses during the state licensing process so that business
owners with prior criminal offenses will not be frozen out of the state system.
A motion was made by Brooks, seconded by Reid, that this matter be Approved
As Amended On Introduction and Scheduled for Final Passage to the Meeting of
the Oakland City Council. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
2) An Ordinance Amending Oakland Municipal Code Chapter 5.81, Medical Cannabis
Cultivation Facility Permits, To Align With California's Medical Marijuana Regulation
And Safety Act And Adopting CEQA Exemption Findings; And
15-0589
Attachments: View Report
Councilmember Brooks made a motion, seconded by President Pro Tempore
Reid, to approve the Ordinance on introduction as amended as follows:
1. Cultivation, Distribution, And Manufacturing Permit Application. Add to
Definitions Section 5.81.020 the following: Section W. ""General Application
permit"" shall mean all applications issued under OMC 5.81 with the exception of
Dispensary Equity Permits issued under section 5.81.030.
2.
On page 8, Section 5.81.030 insert: Section G. Fifty percent (50%) of all
permits issued under OMC 5.81 shall be issued to an Oakland resident who
meets the Equity Permit Program requirements set forth in Section 5.81.030(H)
below. At no time shall the number of General Application permits issued under
5.81 in total exceed the number of Equity Permits under 5.81 in total issued by
the City Administrator.
a. Add Section H. Cultivation, Manufacture, Distribution Equity Permit
Program Criteria. Applicant must have at least one member who meets all of the
following criteria:
1.
Be an Oakland resident who,
2. Resides for at least two years prior to the date of application in
Oakland Police Department Beats 26Y, 30X, 30Y, 31Z, 32Y, and 34X (Oakland
Police Department Beat Map is attached and incorporated herein by reference);
or those individuals who, within the last ten years, have been previously
incarcerated for marijuana-related offense as a result of a conviction arising out
of Oakland, California;
3.
Maintains not less than a 50% ownership in the Dispensary applicant
entity, partnership, limited liability corporation, collective, corporation, worker
cooperative or other recognized ownership entity; and
4.
Prior marijuana or cannabis conviction shall not be a bar to equity
ownership.
This Ordinance was Approved As Amended On Introduction and Scheduled for
Final Passage.to the Meeting of the Oakland City Council to be heard 5/17/2016
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
3) An Ordinance Amending The FY 2015-16 Master Fee Schedule (Ordinance No.
13320 C.M.S., As Amended) To Modify And Establish Permit Application And Annual
Regulatory Fees For City Of Oakland Licensed Medical Cannabis Facilities And
Adopting CEQA Exemption Findings
15-0811
Attachments: View Report
A
motion was made by Brooks, seconded by Reid, that this matter be Approved
On Introduction and Scheduled for Final Passage to the Meeting of the Oakland
City Council, to be heard 5/17/2016. The motion carried by the following vote:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
4) A Resolution Authorizing The City Administrator To Transfer Four Hunder
Thousand Dollars ($400,000) Of Medical Cannabis Cooperative Project (A242610)
Funds Within The General Purpose Fund (1010) From The Office Of The City
Administrator To The Fire Department And The Planning And Building Department
15-0814
Attachments: 86160 CMS
Councilmember Brooks made a motion, seconded by President Pro Tempore
Reid, to adopt the Resolution as amended with the following addition: ""And be it
Resolved that staff shall report back to City Council no later than one year from
the date of adoption of this action, providing information about the
implementation, review of effectiveness of the included standards, including
equity standards, issues that have arisen, if any, and whether any changes are
recommended.""
A motion was made by Brooks, seconded by Reid, that this matter be Adopted as
Amended. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
11
Subject:
Establishing An Alameda County Community Choice Energy Program
From:
Councilmember Kalb & Alameda County Community Development Agency
Recommendation: Receive An Informational Status Report On The Process And
Progress Of Establishing An Alameda County Community Choice Energy Program,
Including Level Of Progress, Process Going Forward, Including Eventual Next Steps
From Oakland And Other Participating Cities And The County
15-0820
Attachments: View Report
There were 7 speakers on this item.
A motion was made by Kalb, seconded by Kaplan, that this matter be Received
and Filed. The motion carried by the following vote:
Aye:
8 - - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
12
Subject:
Ballot Measure To Impose A Sugar-Sweetened Beverage Distribution Tax
From:
Vice Mayor Campbell Washington And Councilmembers Brooks & Kaplan
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting
To The November 8, 2016 Statewide General Election, A Proposed Ordinance To
Impose A 1 Cent Per Ounce Tax On The Distribution Of Sugar-Sweetened
Beverages; And Directing The City Clerk To Fix The Date For Submission Of
Arguments And Provide For Notice And Publication In Accordance With The
November 8, 2016 Statewide General Election (TITLE CHANGE)
15-0945
Attachments: View Report
View Report
View Supplemental Report
86161 CMS
There are 47 speakers on this item.
A motion was made by Campbell Washington, seconded by Brooks, that this
matter be Adopted. The motion carried by the following vote:
Aye:
8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
13
Subject:
Consultant Contract
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution (A) Waiving Advertising, Competitive Bidding,
And Request For Proposals/Qualification (""RFP/Q"") Competitive Selection
Requirements And (B) Authorizing The City Administrator Or Her Designee To Enter
Into A Professional Services Contract With Environmental Science Associates Not To
Exceed$ 120,000 For The Analysis Of Potential Health And Safety Effects Of Certain
Commodities Proposed At The Oakland Bulk And Oversized Terminal At The Oakland
Army Base West Gateway Site Without Returning To City Council From Undesignated
General Purpose Fund Balance
15-0877
Attachments:
View Report
86162 CMS
A motion was made by Kalb, seconded by Kaplan, that this matter be Adopted as
Amended as to the Scope of Work. The motion carried by the following vote:
Aye: 8 - - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson
McElhaney
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
Subject:
Health And Safety Impacts Of Coal In Oakland
From:
Councilmember Rebecca Kaplan
Recommendation: Conduct A Public Hearing And Upon Conclusion Consider
Options for Action, Including Whether To Adopt An Ordinance Prohibiting The
Storage, Loading, Import And Export Of Coal In Oakland [TITLE CHANGE]
15-0977
A motion was made by Gibson McElhaney, seconded by Kalb, that this matter be
Scheduled to the * Special Meeting of the Oakland City Council, to be heard
6/27/2016. The motion carried by the following vote:
Aye: 7 - - Brooks, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson McElhaney
Absent: 1 - Campbell Washington
S-14
Subject:
Establishing Policy Regarding Permit Applications For Transient Habitation
From:
Councilmembers Guillen And Kalb
Recommendation: Adopt A Resolution To Issue An Official Statement Of Policy
Related To Implementing Oakland Municipal Code And Oakland Planning Code
Regarding Conditional Use Permit And Major Variance Applications For Transient
Habitation Development Operations [TITLE CHANGE]
15-0756
Attachments: view Report
View Supplemental Report
86163 CMS
A motion was made by Guillén, seconded by Kalb, that this matter be Adopted.
The motion carried by the following vote:
Aye: 7 - Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson McElhaney
Absent: 1 - - Brooks
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the City Council
S-15
Subject:
Maximize Use Of Available Funds To Benefit Job Seekers & Employers
From:
President Pro Tempore Reid
Recommendation: Adopt A Resolution Recommending That The Workforce
Development Board Consider Reallocation Of FY 2015-16 City Workforce Innovation
And Opportunity Act (WIOA) Funds To Previously Approved Service Providers To (1)
Utilize Available City Savings In The Current Fiscal Year; (2) Avoid Returning
Additional Funds To The State For Failure Of The City To Utilize Said Funds In A
Timely Manner; And (3) Achieve Better Alignment Of Actual Reduction Of WIOA
Allocation To The City With Reductions To Service Providers
15-0713
Attachments: View Report
86164 CMS
There were 8 speakers on this item.
A motion was made by Reid, seconded by Kaplan, that this matter be Adopted.
The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kaplan, Reid, and Gibson
McElhaney
Absent: 1 - Kalb
S-16
Subject:
Covenant House/Alameda Family Services Amended Grant Agreements
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend
Grant Agreements With Covenant House California And Alameda Family Services To
Extend The Grant Term Through 2016 And Increase Grant Funding In An Amount Of
$50,000 Each In Alignment With The Alameda County - Oakland Community Action
Partnership 2015-2016 Community Services Block Grant Funding Cycle For The 2016
Program Year
15-0909
Attachments: View Report
86165 CMS
There were 4 speakers on this item.
A motion was made by Gallo, seconded by Kaplan, that this matter be Adopted.
The motion carried by the following vote:
Aye: 7 - Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid, and Gibson McElhaney
No: 1 - Brooks
CONTINUATION OF OPEN FORUM
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2016-05-03,"Concurrent Meeting of the Oakland
Meeting Minutes
May 3, 2016
Redevelopment Successor Agency
and the 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 ""Prince"" Roger Nelson, Eileen Hanson,
Sergio Barja, Dr. Kelly M. Bailey and Mary Lou Behr at 12:51 a.m.
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City of Oakland
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