body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes - FINAL
LaTonda Simmons, City
Clerk
CITY OF OAKLAND
Special Concurrent Meeting of the
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California 94612
City of Oakland Website: http://www.oaklandnet.com
Tuesday, November 29, 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 5:42 p.m.
2
ROLL CALL / CITY COUNCIL
Present 8 - Desley Brooks, Annie Campbell Washington, Noel Gallo, Abel J. Guillén, Dan
Kalb, Rebecca Kaplan, Lynette Gibson McElhaney, and Laurence E. Reid
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
There were 16 speakers on Open Forum.
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor,
Council Acknowledgements/Announcements):
Councilmember Guillen took a point of personal privilege and requested that the
meeting be adjourned in memory of Tel Cary-Sadler.
President Pro Tempore Reid and Councilmember Brooks took a point of personal
privilege and requested that the meeting be adjourned in memory of Deborah
Hudson Williams.
Council President Gibson McElhaney took a point of personal privilege and
requested that the meeting be adjourned in memory of Jerry Harbin, Allyn Redd,
Deante Miller, and Roderick Traeyvon Godfrey.
Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of Will Sims.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
4.1
Subject:
Presentation By Assemblymember Rob Bonta
From:
Council President Lynette Gibson McElhaney
Recommendation: Receive An Informational Presentation From Assemblymember
Rob Bonta To Update The City Council On The 2017 Legislative And Budgetary
Outlook And Discuss The Accomplishments Of The 2016 Legislative Session
16-0396
Sponsors: Gibson McElhaney
A motion was made by Dan Kalb, seconded by Annie Campbell Washington, that
this matter be Received and Filed. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
4.2
Subject:
Resolution Honoring Key Source International (KSI)
From:
President Pro Tem Reid
Recommendation: Adopt A Resolution Honoring Key Source International (KSI) For
Receiving A National Innovation Award Sponsored By The American Hospital
Association
16-0452
Attachments: View Report
A motion was made by Larry Reid, seconded by Annie Campbell Washington,
that this matter be Adopted. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
S4.3
Subject:
Honoring Director John Sutter Upon His Retirement
From:
Council President Gibson McElhaney
Recommendation: Adopt A Resolution Honoring Director John Sutter Upon His
Retirement After 20 Years Of Service On The East Bay Regional Parks Board And 60
Years Of Dedicated Public Service To The Citizens Of Oakland And The East Bay
16-0477
Sponsors: Gibson McElhaney
Attachments: View Report
86472 CMS
President Pro Tempore Reid noted out of his seat at 6:05 p.m.
A motion was made by Larry Reid, seconded by Annie Campbell Washington,
that this matter be Adopted. The motion carried by the following vote:
Aye: 8 - - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
S4.4
Subject:
Commending The 100 Black Wings Track Team
From:
Council President Gibson McElhaney
Recommendation: Adopt A Resolution Commending The 100 Black Wings Track
Team For Their Success At The 2016 International Children's Games In Taipei
16-0476
Sponsors: Gibson McElhaney
Attachments:
View Report
86473 CMS
A motion was made by Lynette Gibson McElhaney, seconded by Noel Gallo, 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 November 1,
2016.
16-0479
Attachments: View Report
A motion was made by Rebecca Kaplan, seconded by Annie Campbell
Washington, that this matter be Accepted. The motion carried by the following
vote:
Aye: 7. - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Gibson
McElhaney
Absent: 1 - - Reid
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
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):
Councilmember Kaplan made a motion, seconded by Councilmember Brooks, to
reschedule Item 13 OPIC Prompt Payment Settlement. This item will be brought
back to Rules and Legislation for scheduling.
Councilmember Gallo made a motion, seconded by Councilmember Brooks, to
refer Item 7.24 regarding Police Training, Policy, And Accountability back to
Public Safety Committee on 12/06/2016.
President Gibson McElhaney made a motion to withdraw Item 9.5 regarding 24th
and Harrison Appeal, not hear item 11, and Item 15 regarding Compassionate
Communities Informational Presentation would be continued to City Council
meeting on 12/13/2016. Lastly, Item 8 regarding Oral Report of Final Decisions
Made During Closed Session be heard last on the agenda.
Subject:
Police Training, Policy, and Accountability
From:
Oakland Police Department
Recommendation: Receive Informational Report With Information Regarding Internal
Affairs Investigations, Police Personnel Trainings, Updates To Police Policy, And
Recent Developments In Police Discipline
16-0321
Sponsors: Oakland Police Department
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
7
CONSENT CALENDAR (CC) ITEMS:
There were 10 speakers on this item.
President Gibson McElhaney requested to hear item 14 regarding Reaffirming
Oakland As A City of Refuge For Immigrants right after Consent Calendar items.
At this time the Council will adjourn as the Special Meeting of the Oakland Redevelopment
Successor Agency/CityCouncil and Convene as the Geological Hazard Abatement District
Board
At 7:23 p.m., the meeting of the Geological Hazard Abatement District was
convened.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council/Geologic
Hazard Abatement District Board
Approval of the Consent Agenda
A motion was made by Guillén, seconded by Kaplan, to approve the Consent
Agenda. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
7.1
Subject:
Annexation Of The Kenilworth Road Development
From:
Geologic Hazard Abatement District (GHAD)
Recommendation: Take The Following Actions:
1.) Accept The Petition For Annexation Of The Kenilworth Property Into The Existing
Oakland Area Geologic Hazard Abatement District (""GHAD""); And
2.) Accept The Draft Kenilworth Property Plan Of Control (November 15, 2016); And
16-0435
Attachments: View Report
This Informational Report be Received and Filed.
3) Adopt Resolution No. 14 To Do The Following: (A) Conduct A Public Hearing 20
Days After Notice Is Sent To Property Owners Within The Territory Requesting The
Annexation To Consider The Proposed Annexation Of Territory Into The Existing
Oakland Area GHAD And The Draft Plan Of Control, And Hear Any Written Objections
Thereto; And (B) DIRECT The Oakland Area GHAD Clerk, Or Their Designee, To
Mail, By First Class Mail, A Written Notice Of The Hearing To Consider The Proposed
Annexation And The Draft Plan Of Control To Each Owner Of Real Property As
Required By GHAD Law.
16-0438
This City Resolution was Adopted.
At this time the Geological Hazard Abatement District Board will adjourn and reconvene as the
Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council
At 7:24 p.m., the meeting of the Geological Hazard Abatement District adjourned.
7.2
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.
16-0402
Attachments: View Report
86474 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.3
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.
16-0403
Attachments: View Report
86475 CMS
This City Resolution was Adopted.
7.4
Subject:
City Attorney Settlement Authority
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing The City Attorney To Settle Claims
And Litigation For Twenty Five Thousand Dollars ($25,000) Or Less
16-0291
Sponsors: Office Of The City Attorney
Attachments: View Report
86476 CMS
This City Resolution was Adopted.
7.5
Subject:
City Of Oakland V. Frances Mitchell
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Frances Mitchell V. City Of Oakland, Alameda
County Superior Court Case No. RG15776510, City Attorney's File No. 30551, In The
Amount Of Thirty-Nine Thousand Three Hundred And Seventy Five Dollars And Zero
Cents ($39,375.00) (Oakland Public Works - Dangerous Condition)
16-0392
Sponsors: Office Of The City Attorney
Attachments: View Report
86477 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.6
Subject:
Parking And Mobility Initiatives
From:
Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Ordinance Amending Ordinance Number 13184 C.M.S. (The Fiscal Year
2015-2016 Master Fee Schedule) To (A) Support The City's Demand Responsive
Parking Management Initiatives With (1) Variable Pricing Of On-Street Meter Rates
And (2) Off-Street Parking Facility Rates That Reflect The Recommendations Of The
Downtown Oakland Parking Management Report; And (B) Establish Fees For A
Dedicated Space Car Sharing Program; And
16-0224
Sponsors: Transportation Department
Attachments: View Report
View Supplemental Report
13397 CMS
Proof Of Publication 13397
This Ordinance was Approved for Final Passage.
2) Adopt An Ordinance Amending Titles Of The Oakland Municipal Code(1) 10.36.141
To Facilitate The Efficient Management Of Parking Meter Zones; And (2) 10.72. To
Establish New Dedicated Space Parking Permits To Eligible Car Sharing
Organizations
16-0324
Attachments: 13398 CMS
Proof Of Publication 13398
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.7
Subject:
Campaign Reform Act Amendment
From:
Councilmembers Kalb, Gallo, Guillen, Vice Mayor Campbell-Washington
and City Attorney Parker
Recommendation: Adopt An Ordinance Amending The ""Oakland Campaign Reform
Act"" (OCRA) Ordinance (A) Aligning OCRA With The 2014 Amendment To The
Oakland City Charter Section 603, (B) Strengthening The Commission's Enforcement
Authority To Match The Government Ethics Act And The California Political Reform
Act, And (C) Clarifying And Expanding Definitions And Substantive Provisions To
Ensure The Act Uses Clear And Enforceable Language And (D) Enhance
Independent Expenditure Disclosure Requirements
16-0255
Sponsors: Kalb
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
13399 CMS
Proof Of Publication 13399
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.8
Subject:
Amendments To The Oakland Fire Code
From:
Oakland Fire Department
Recommendation: Adopt An Ordinance Repealing Current Oakland Municipal Code
Chapter 15.12, The Oakland Fire Code, Making Findings To Substantiate
Modifications To California Building Codes And Standards Due To Local Climatic,
Geological Or Topographical Conditions, And Adopting And Making Local
Amendments To The 2016 Edition Of The California Model Building Code, California
Code Of Regulations Title 24, Part 9, Including, But Not Limited To, National Fire
Protection Association And Other Referenced Standards As Adopted By The
California State Fire Marshal, And Recodifying Said Code As Oakland Municipal Code
Chapter 15.12, The Oakland Fire Code
16-0283
Sponsors: Oakland Fire Department and
Attachments: View Report
View Supplemental Report
13401 CMS
Proof Of Publication 13401
Councilmember Kaplan directed the City Administrator to have staff work with
the stakeholders to provide dire code amendments at a later date that reflect
stakeholders input for further amendments.
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.9
Subject:
Sale Of 3455 And 3461 Champion Street Properties
From:
Economic And Workforce Development Department
Recommendation: Adopt An Ordinance: (1) Authorizing The City Administrator,
Without Returning To The City Council, To Negotiate And Execute A Disposition And
Development Agreement And Related Documents Between The City Of Oakland And
Carlos Soloman And Dominica Rice-Soloman Or A Legal Entity Affiliated With Carlos
Soloman & Dominica Rice-Soloman For (A) The Sale Of The Parcels Located At 3455
And 3461 Champion Street, Reserving To The City An Easement For A Fiber Optics
Hub And Related Uses (""Property"") For An Amount Not Less Than Three Hundred
Forty Thousand Dollars ($340,000), And (B) Development And Operation On The
Property Of A Full Service Restaurant, All Of The Foregoing Documents To Be In A
Form And Content Substantially In Conformance With The Term Sheet Attached As
Exhibit A, And (2) Adopting CEQA Exemption Findings
16-0317
Sponsors: Economic & Workforce Development Department
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
13400 CMS
Proof Of Publication 13400
This Ordinance was Approved for Final Passage.
7.10
Subject:
Classic Safety Police Employee Pension Cost Sharing
From:
Office Of The City Administrator
Recommendation: Adopt An Ordinance Of The City Of Oakland To Approve An
Amendment To The Contract Between The City Of Oakland And The Board Of
Administration Of The California Public Employees' Retirement System (CALPERS);
To Include A One Percent (1%) Employees Cost Sharing Of Additional Benefits For
Tier I And Tier Il Classic Police Members (California Government Code Section
20516)
16-0336
Sponsors: Office Of The City Administrator
Attachments: View Report
13402 CMS
Proof Of Publication 13402
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.11
Subject:
Settlement Of City Of Oakland V. Clarence W. Payne, Jr., Et Al.
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Amending And Correcting The Title Of
Resolution No. 86470, Passed November 14, 2016, Which Authorized And Directed
The City Attorney To Compromise And Settle The Case Of City Of Oakland V.
Clarence W. Payne, Jr., Et Al., Alameda County Superior Court No. 784459-1, To
Clarify The Correct Settlement Amount Is Twenty-Five Thousand Dollars ($25,000.00)
16-0450
Attachments: View Report
86478 CMS
This City Resolution was Adopted.
7.12
Subject:
Side Letter with IAFF Regarding Hazardous Materials Pay
From:
Employee Relations Department
Recommendation: Adopt A Resolution Approving A Side Letter With The International
Association Of Fire Fighters (IAFF), Local 55 Regarding Incentive Pay For Bargaining
Members Who Have Completed A Fire Department Approved Hazardous Materials
Certification Program And Are Assigned To Work At Fire Station 3
16-0414
Sponsors: Human Resources Management Department
Attachments: View Report
86479 CMS
This City Resolution was Adopted.
7.13
Subject:
Side Letter With SEIU Regarding Library Holiday Hours
From:
Employee Relations Department
Recommendation: Adopt A Resolution To Implement The Terms Of A Side Letter
Agreement Between The City Of Oakland And SEIU 1021, To Modify Article 11.2 -
Christmas Eve And New Years' Eve Of The Current Labor Agreement
16-0415
Sponsors: Human Resources Management Department
Attachments: View Report
86480 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.14
Subject:
SeeClickFix License Amendment
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend
The Agreement With SeeClickFix To Continue Use Of An Online And Mobile
Application That Improves Customer Service, Enables The Public To Report And
Track Issues In The City Of Oakland, Increases Transparency, And Provides Tools To
Manage And Respond To Requests, For An Amount Up To $56,000 In The First Year
And $41,000 Annually For The Following Four Years, For A Total Amount Over The
Five Year Period Not To Exceed $220,000, Bringing The Total Amount Since The
Start Of The Agreement To $263,220 And Waiving The Competative Selection
Requirements
16-0361
Attachments: View Report
86481 CMS
This City Resolution was Adopted.
7.15
Subject:
Microcomputers, Desktop And Tower-Based Systems, And Monitors
From:
Department Of Finance
Recommendation: Adopt A Resolution Authorizing The City Administrator To Award A
Contract To Cyber Computers INC, The Lowest Responsible And Responsive Bidder,
In An Amount Up To Three Hundred Eighty-Six Thousand Eighty-Dollars And One
Cent ($386,080.01) To Purchase Microcomputers, Desktop And Tower-Based
Systems, And Monitors For A Period Of Nine (9) Months, In Accordance With
Specification No. 17-204-53/ Request For Quotation (RFQ) 6175,1.
16-0358
Sponsors: Finance Department
Attachments: View Report
86482 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.16
Subject:
Correct Salary Increases For Unit TL1 Employees
From:
Human Resources Management
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Correct An Error In The Salary Scheduled
For Unrepresented Employees In Classifications In Unit TL1 So The Salary Rates For
The TL1 Part Time Classifications Align With Their Full Time Equivalent
Classifications
16-0356
Sponsors: Human Resources Management Department
Attachments: View Report
13405 CMS
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council to be heard 12/13/2016
7.17
Subject:
Public Bank Feasibility Study
From:
Councilmember Kaplan, Councilmember Kalb and Councilmember Guillen
Recommendation: Adopt A Resolution Directing The City Administrator To Prepare An
Informational Report With The Cost Estimates Of Commissioning A Study Analyzing
The Feasibility And Economic Impact Of Establishing A Public Bank For Or Including
The City Of Oakland, And Providing Funding Options For The Feasibility Study,
Including The Option Of Allocating To The Study Any Remainder Of The Money That
Was Budgeted For The Goldman Sachs Debarment Proceedings
16-0339
Sponsors: Kaplan and Kalb
Attachments: Supplemental Report
This City Resolution was Adopted.
7.18
Subject:
FY 2015-16 Fourth Quarter Revenue & Expenditure Report
From:
Finance Department
Recommendation: Receive An Informational Report On The Unaudited Fiscal Year
(FY) 2015-16 Fourth Quarter Revenue And Expenditure Results And Year-End
Summaries For Six Selected Funds - General Purpose Fund (GPF, 1010),
Multipurpose Reserve Fund (1750), State Gas Tax Fund (2230), State Gas Tax
Proposition 42 Replacement Fund (2231), Landscape & Lighting Assessment District
Fund (LLAD, 2310), And Facilities Fund (4400); And Overtime Analysis For The
General Purpose Fund (1010) And All Funds.
16-0397
Attachments: View Report
This Informational Report was Received and Filed.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.19
Subject:
MacArthur Station - Consent To Property Conveyance
From:
Economic And Workforce Development
Recommendation: Adopt The Following Pieces Of Legislation:
1) An ORSA Resolution Authorizing The Oakland Redevelopment Successor Agency
Administrator Or Designee To (A) Execute A Consent To The Conveyance Of Parcels
A And C-1 Of MacArthur Station By MacArthur Transit Community Partners, LLC
(""MTCP"") To Hines, Or One Of Its Affiliates, For Development Of Two Rental
Residential/Retail Buildings, Pursuant To The Terms Of An Owner Participation
Agreement (""OPA"") Between The Oakland Redevelopment Successor Agency And
MTCP; And (B) Amend The OPA To (1) Reduce The Size Of The Retail Component,
Change The Size Of The Retail Component For Each Parcel And Establish Retail
Leasing Requirements For Parcel A, And (2) Extend Certain Development Deadlines;
Relying On The Previously Certified 2008 Environmental Impact Report And 2015
CEQA Addendum Per CEQA Guidelines Sections 15162-15164, 15183, 15183.3,
15168 And 15180, And Separately And Independently Finding Certain Of The Above
Actions Are Not A ""Project"" Under CEQA; And
16-0275
Sponsors: Economic & Workforce Development Department
Attachments: View Report
View Supplemental Report
2016-010 CMS
This City Resolution was Adopted.
2) A Resolution Authorizing The City Administrator Or Designee To Execute A
Consent To The Conveyance By Macarthur Transit Community Partners, LLC
(""MTCP"") To Hines, Or One Of Its Affiliates, Of Parcels A And C-1 Of Macarthur
Station For Development Of Two Rental Residential/Retail Buildings, Pursuant To The
Terms Of A Development Agreement Between The City Of Oakland And MTCP And
Relying On The Previously Certified 2008 Environmental Impact Report And 2015
CEQA Addendum Per CEQA Guidelines Sections 15162-15164, 15183, 15183.3,
15168 And 15180, And Separately And Independently Finding The Conveyance Is Not
A ""Project"" Under CEQA
16-0276
Sponsors: Economic & Workforce Development Department
Attachments: 86484 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.20
Subject:
Salary Ordinance Amendment/Specialty Combination Inspector And Senior
Combination Inspector
From:
Human Resources Management
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Change The Representation Unit
Designations Of The Classifications Of Specialty Combination Inspector And Specialty
Combination Inspector, Senior, And Amend The Salary Schedule Of Specialty
Combination Inspector, Senior
16-0354
Sponsors: Human Resources Management Department
Attachments: View Report
13406 ( CMS
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council to be heard 12/13/2016
7.21
Subject:
Montclair BID Annual Report And Intention To Set FY 2017-2018
Assessment
From:
Economic And Workforce Development Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A
Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2017-2018
For The Montclair Business Improvement District, Approving The Annual Report Of
The Montclair Business Improvement District Advisory Board
16-0365
Sponsors: Economic & Workforce Development Department
Attachments: View Report
86485 C.M.S.
This City Resolution was Adopted.
City of Oakland
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Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.22
Subject:
Service Opportunity For Seniors /Meals On Wheels Program 2016-2017
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter
Into A Grant Agreement With Service Opportunity for Seniors In An Amount Not To
Exceed $176,000 To Provide Operational Support To The Meals On Wheels Program
For Fiscal Year 2016-2017.
16-0366
Sponsors: Human Services Department
Attachments: View Report
86486 C.M.S.
This City Resolution was Adopted.
7.23
Subject:
Measure Z Evaluation Services Contract Award
From:
Office Of The City Administrator
Recommendation: Adopt A 1) Resolution Authorizing The City Administrator To Enter
Into A Contract With Mathematica Policy Research, Inc. To: A) Evaluate Select
Oakland Unite Strategies For One Year From October 2016 Through December 2017
For Up To $175,000, With The Option To Extend The Contract For Three Additional
Years For A Total Amount Of Seven Hundred Twelve Thousand Dollars ($712,000);
And, B) Evaluate, Annually, All Oakland Unite Programs For One Year From October
2016 Through December 2017 For Up To $170,000, With The Option To Extend The
Contract For Three Additional Years For A Total Amount Of Seven Hundred
Twenty-Five Thousand Dollars ($725,000). 2) Enter Into A Contract With Resource
Development Associates To Evaluate, Annually, The Police Department's Geographic
And Community Policing Programs For One Year From October 2016 Through
December 2017 For Up To $102,000, With The Option To Extend The Contract For
Three Additional Years, For A Total Amount Of Four Hundred Ninety-Eight Thousand
Dollars ($498,000)
16-0282
Sponsors: Office Of The City Administrator
Attachments: View Report
86487 C.M.S.
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.24
Subject:
Police Training, Policy, and Accountability
From:
Oakland Police Department
Recommendation: Receive Informational Report With Information Regarding Internal
Affairs Investigations, Police Personnel Trainings, Updates To Police Policy, And
Recent Developments In Police Discipline
16-0321
Sponsors: Oakland Police Department
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
Councilmember Gallo, secondee by councilmember Brooks, requested this item
to be heard on the Public Safety Committee meeting on 12/6/2016.
Councilemember Brooks requested Police Department staff to clarify in the
supplemental report cases versus allegations of failures to supervise and to
correct the chart regarding cases and outcomes on page 4 of the City Attorney's
report to reflect the correct total number of cases.
A motion was made by Desley Brooks, seconded by Noel Gallo, that this matter
be Referred to go before the *Special Public Safety Committee, to be heard
12/6/2016. The motion carried by the following vote:
Aye:
8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
7.25
Subject:
OPD 911 Systems Upgrade
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Accept 9-1-1 Customer Premise Equipment (CPE) And Related
Technology, Valued At Six Hundred Thirty Five Thousand Dollars ($635,000), Funded
By The California Governor's Office Of Emergency Services (CALOES) California
9-1-1 Emergency Communications Branch, To Support The Modernization Of The
Oakland Police Department's (OPD) 9-1-1 Communications Technology
16-0351
Sponsors: Oakland Police Department
Attachments: View Report
View Supplemental Report
86488 C.M.S.
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.26
Subject:
Amendment Of Resolution No. 85222 C.M.S. Funding The CPRB Database
And Case Management System
From:
Citizens' Police Review Board
Recommendation: Adopt A Resolution Waiving The Competitive Selection
Requirements And Authorizing The City Administrator Or Designee To Enter Into A
Contract With Microsoft Corporation For The Purchase Of Professional Services,
Software And License, To Build The Citizens' Police Review Board Database And
Case Management System Modeled After The Oakland Police Department's Second
Generation Early Warning System And Technology Platform (""IPAS2"") System In The
Amount Of One Hundred-Thirty Thousand Dollars ($130,000)
16-0352
Sponsors: Office Of The City Administrator
Attachments: View Report
View Supplemental Report
86489 C.M.S.
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.27
Subject:
Fiscal Year 2016 FEMA, Urban Search and Rescue Grant
From:
Oakland Fire Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her
Designee To: A) Enter Into A Grant Cooperative Agreement With The Federal
Emergency Management Agency (FEMA) To Accept And Appropriate Federal (FEMA)
Funds For The Period September 1, 2016 To August 31, 2019, In The Amount Of
One Million Two Hundred Sixty Nine Thousand Five Hundred Eighty Two Dollars
($1,269,582) To Meet Continuing Management, Training And Equipment Needs Of
The Fire Department's Urban Search And Rescue (US&R) Task Force; B) Expend
The FEMA Funds In Accordance With The Preliminary Spending Plan Without Further
Council Approval, Including The Purchase Of Equipment From The General Services
Administration And Other Government Required Pricing Schedules; C) Waiving The
City's Advertising And Competitive Bidding And Purchasing Requirements For
Procurement Of Equipment When Required By The Grantor; D) Approve Travel For
City Personnel For The FEMA Cooperative Agreement Program On Short Notice; E)
Approve A Contribution From The General Purpose Fund (GPF) In An Amount
Equivalent To The Information Technology Department (ITD) -Internal Service Fund
(ISF) Charges Affiliated With Said Grant, Estimated At Six Thousand Seven Hundred
And Four Dollars ($6,704.00) For Fiscal Year 2016-17, And To Provide A Contribution
Equivalent To The ITD-ISF Charge For The Duration Of The Grant Period
16-0353
Sponsors: Oakland Fire Department and
Attachments: View Report
86490 C.M.S.
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.28
Subject:
2016 STEP Grant
From:
Oakland Police Department
Recommendation Adopt A Resolution Authorizing The City Administrator, Or
Designee, To Accept And Appropriate Grant Funds In The Amount Of Seven Hundred
Fifty-Three Thousand Three Hundred Fifty Dollars ($753,350) From The State Of
California, Office Of Traffic Safety (OTS), For The Fiscal Year (FY)2016-17 Selective
Traffic Enforcement Program (STEP) To Be Administered By The Oakland Police
Department (OPD) And To Authorize The General Purpose Fund To Contribute
Sixty-Two Thousand Four Hundred Fifteen Dollars ($62,415) To Cover The Central
Service Overhead Charges
16-0348
Sponsors: Oakland Police Department
Attachments: View Report
86491 C.M.S.
This City Resolution was Adopted.
7.29
Subject:
Fiscal Year 2016 Urban Area Security Initiative Program Grant Agreement
From:
Oakland Fire Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her
Designee To: 1. Enter Into The Urban Area Security Initiative (UASI) Grant
Administration Agreement With The City And County Of San Francisco; 2. Accept,
Appropriate, And Administer Up To One Million Sixty Three Thousand And Six
Hundred Twenty Nine Dollars ($1,063,629.00) UASI Grant Funds For Federal Fiscal
Year (FY) 2016-18; 3. Approve The FY 2016-18 UASI Recommended Spending Plan
And Authorize A Contribution From The General Purpose Fund In An Amount
Equivalent To The Department's Central Services Overhead (CSO) Charges Affiliated
With Said Grant Estimated At Nineteen Thousand, Five Hundred Eighteen Dollars
($19,518.00) For FY 2016-17 And Forty-Five Thousand, Five Hundred Forty-Two
Dollars ($45,542.00) For FY 2017-18; And 4. Expend Funds In Accordance With Said
Recommended Spending Plan Without Further Council Approval Provided The City's
Hiring And Contract Services Requirements And Programs/Policies Are Followed.
16-0383
Sponsors: Oakland Fire Department and
Attachments: View Report
86492 C.M.S.
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.30
Subject:
Removing The Bike Registration Requirement
From:
Council President Lynette Gibson McElhaney
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter
12.60 To Repeal The City's Requirements On Bicycle Registration And Licensing, The
Reporting Of Bicycle Ownership Transfer And Sales, And The Prohibition On
Destroying Bicycle Numbers Or Licenses
16-0244
Sponsors: Gibson McElhaney
Attachments: View Report
View Report
13404 CMS
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council to be heard 12/13/2016
7.31
Subject:
Appointment To The Cannabis Regulatory Commission
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Reappointment Of Amanda
Reiman And A. Kathryn Parker As A Members Of The Cannabis Regulatory
Commission
16-0458
Attachments:
View Report
View Supplemental Report
86493 C.M.S.
This City Resolution was Adopted.
7.32
Subject:
Appointment To The Oakland Housing Authority Board
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Anne
E. Griffith To A Four-Year Term On The Oakland Housing Authority Board
16-0457
Attachments: View Report
86484 C.M.S.
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
7.33
Subject:
Appointment To The Community Policing Advisory Board
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of
Michelle Martin As A Member Of The Community Policing Advisory Board
16-0455
Attachments: View Report
86495 C.M.S.
This City Resolution was Adopted.
7.34
Subject:
Appointment To The Youth Advisory Commission
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of
Rachel Dharmapalan, Addison Duchin, Elena Larsen, Ryan Hunt, Gloria Guzman,
And Bethania Tadesse, And Appointment Of Jackeline Rivas As Members Of The
Youth Advisory Commission.
16-0456
Attachments: View Report
86496 C.M.S.
This City Resolution was Adopted.
7.35
Subject: Rockridge BID Annual Report And Intention To Set FY 2017-2018
Assessment
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment
For Fiscal Year 2017-2018 For The Rockridge Business Improvement District,
Approving The Annual Report Of The Rockridge Business Improvement District
Advisory Board
16-0364
Sponsors: Economic & Workforce Development Department
Attachments: View Report
86497 C.M.S.
This City Resolution was Adopted.
COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE
THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
The items were taken in the order that follows.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
14
Subject:
Reaffirming That Oakland Is A City Of Refuge For Immigrants
From:
Vice Mayor Campbell Washington, Councilmemembers Gallo, Guillen And
Pro Tempore Reid
Recommendation: Adopt A Resolution Denouncing Tactics Used To Intimidate
Immigrants Residing In Oakland And Re-Affirming The City's Declaration As A City Of
Refuge
16-0440
Sponsors: Campbell Washington, Gallo and Mr. Reid
Attachments: View Report
View Supplemental Report
86498 C.M.S.
There are 38 speakers on this item.
A motion was made by Annie Campbell Washington, seconded by Noel Gallo,
that this matter be Adopted. The motion carried by the following vote:
Aye: 8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
9
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING
REQUIREMENTS:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
9.1
Subject:
Macarthur BART Parcels A And C1 Revision To FDP
From:
Planning And Building Department
Recommendation: Adopt A Resolution, As Recommended By The Planning
Commission, Revising The MacArthur BART Parcels A And C1 Final Development
Permit (Case File PUDF08/ER01), Relying On The 2008 Macarthur Station Project
Environmental Impact Report And Addenda, Finding That No Additional
Environmental Review Is Needed Pursuant To CEQA Guidelines Sections
15162-15164 And Adopting Related CEQA Findings
16-0274
Sponsors: Planning & Building Department
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
86499 C.M.S.
Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened at
8:34 p.m.
5 individuals spoke on this item.
Councilmember Kalb made a motion, seconded by Councilmember Guillen, to
close the Public Hearing, and hearing no objections, the motion passed by 7
Ayes: Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and President
Gibson McElhaney; 1 Absent: Reid.
The amendments submitted by Councilemember Kalb are as follows:
Following paragraph is to be added as a footnote to the Conditions of Approval:
The Conditions of Approval reflect the project description and project
circumstances as of July 1, 2008. Since that time, certain elements of the project
have been constructed and the City has approved certain modifications to the
project description and phasing schedule contained in these 2008 Conditions of
Approval, including the current revision to the FDP for Parcels A and C1 (""the
subsequent approvals""). Although these Conditions of Approval have not been
updated to reflect the subsequent approvals, the City acknowledges that
changes and modification to the project description and project phasing
schedule included in the subsequent approvals modify and supersede any
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council/Geologic
Hazard Abatement District Board
conflicting provision in the 2008 Conditions of Approval.
Following Conditions of Approval are to be added or amended as follows:
41. Groundfloor Retail Leasing.
Prior to any conversion of groundfloor space from retail to live/work for Parcels A
and C1
Provide active retail leasing period during 24-month construction period and for
15 months following issuance of Temporary Certificate of Occupancy for Parcels
A and C1, for a total of 39 months. Work with Temescal Telegraph Business
Improvement District (TTBID) during this period to identify and attract retail
tenants.
42. Groundfloor Retail Leasing.
Prior to Certificate of Occupancy for REMOVE ""Parcel A or C1 (and annual
reporting)"" AND ADD ""retail and/or live/work space for Parcels A and C1""
Comply with any leasing requirements included in the Owner Participation
Agreement, and provide a permanent REMOVE ""retail"" leasing program to ensure
that every time a commercial REMOVE ""or,"" live/work, ADD ""or work/live"" space
is available to lease, the space is actively marketed to retail tenants for retail
uses, REMOVE ""subject to Planning staff approval. Annual retail leasing
program.' ADD ""An annual Retail Marketing Plan (see section 43 b.)"" compliance
REMOVE ""reporting"" ADD ""report"" is to accompany ADD ""the"" required
Development Agreement compliance annual report.
REMOVE ""43 Groundfloor Active Uses.
Prior to issuance of Certificate of Occupancy for Parcel A or C1
For ground-floor space that can be converted to live-work, designate not less
than 50 percent of the affected square footage to be occupied by active business,
subject to approval by the Director of Planning and Building or his/her designee.
Factors to be considered in this determination may include, but are not limited to,
amount of ground-floor transparency, hours of operation, and type of business
to be located in the affected space.""
ADD ""43. Groundfloor use requirements.
Concurrent with compliance with Conditions 41-42
The following additional requirements apply to Conditions 41-42:
a. It is the stated desire of the Applicant/Developer and the City of Oakland that
the ground floor units along 40th Street of Parcel A (and other identified units)
and Parcel C1 considered for conversion be used for active retail uses.
b. The Applicant/Developer shall consult and work closely in good faith with the
Temescal Telegraph BID on the development and implementation of reasonable
and objective parameters for the commercial retail marketing and leasing plan
(the ""Retail Marketing Plan"") which will include but not be limited to detailed
conditions and action items by applicant/developer to actively market the space
as commercial retail and in case of live-work conversion, prioritize tenants with
active uses accessible to the public and the items contained in 43.e., 43.f and
43.g. The Retail Marketing Plan will also be submitted to City staff for review and
approval by March 1st, 2017. This plan has to be approved by the city prior to any
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council/Geologic
Hazard Abatement District Board
conversion of groundfloor space from retail to live/work or work/live units.
C. If Applicant/Developer seeks to expand the allowable use of these units to
live/work or work/live, Applicant/Developer must submit an annual compliance
reporting document reflecting actual steps taken to implement the Retail
Marketing Plan to the T-T BID. T-T BID shall be given no less than 30 calendar
days to review the annual compliance reporting document before
Applicant/Developer submits it to the city for review and approval.
d. If any conversion or expansion of allowable uses is granted, they shall include
live/work or work/live or retail. Leases for all groundfloor uses will require
tenants to maintain areas visible from the street clean, organized and blight free.
For all groundfloor uses, Applicant/Developer shall ensure that the façade and
storefront portion of each unit promotes the visual transparency.
e. If conversion or expansion of allowable uses is approved, Applicant/Developer
shall actively market and promote the spaces as commercial retail spaces on an
ongoing basis.
f. Applicant/Developer shall give preference to live/work or work/live tenants who
agree (in writing) to use the front portion of the unit in a manner that is generally
open to the public and activated in some fashion for most of the typical workday
retail hours. The terms of these leases shall include the agreed-upon requirement
of the activation and public access.
g. The Applicant/Developer voluntarily agrees that the commercial retail spaces
will be offered at a rental rate of no greater than the market rate for commercial
retail.""
44. Pedestrian Street Lighting.
Prior to issuance of first construction-related permit for Parcel A or C1
The applicant has voluntarily agreed to contribute $75,000 to Temescal Telegraph
Business Improvement District, specifically for the purpose of providing
pedestrian street-lighting on Telegraph Avenue between West MacArthur
Boulevard and 40th Street.
ADD ""45. Telegraph Avenue driveway entrance.
Prior to issuance of a building permit
To ensure the safety of pedestrians, cyclists, and nearby residents, the
Applicant/Developer shall obtain approval from the City to install the best
management practices safety technology to be used at the residential parking
ramp off of Telegraph Avenue.""
A motion was made by Dan Kalb, seconded by Abel J. Guillén, that this matter be
Adopted as Amended. The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Gibson
McElhaney
Absent: 1 - - Reid
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
9.2
Subject:
Local Amendments To 2016 California Model Housing Law
From:
Planning And Building Department
Recommendation: Adopt An Ordinance (1) Repealing The Oakland Amendments To
The 2013 Edition Of The State Housing Law Regulations, (2) Adopting Local
Amendments To The 2016 Edition Of The State Housing Law Regulations, And (3)
Amending Oakland Municipal Code Chapter 15.08 To Comply With Changes To State
Law And Adopting CEQA Exemption Findings
16-0357
Sponsors: Oakland Public Works Department
Attachments:
View Report
View Supplemental Report
13407 CMS
Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at
8:47 p.m.
No individuals spoke on this item.
Councilmember Kaplan made a motion, seconded by Councilmember Kalb to
close the Public Hearing, and hearing no objections, the motion passed by 7
Ayes: Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and President
Gibson McElhaney; 1 Absent: Reid.
Councilmember Kaplan made a motion, seconded by Councilmember Kalb, to
amend the Ordinance on page 2 cosisting of an additional Whereas clause
stating the following: ""Whereas City Staff will work together with stakeholders to
explore any potential further amendments.'
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Approved As Amended On Introduction and Scheduled for Final Passage to
go before the Special Concurrent Meeting of the Oakland Redevelopment
Successor Agency/City Council, to be heard 12/13/2016. The motion carried by
the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Gibson
McElhaney
Absent: 1 - - Reid
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncilAndGeologicHazardAbatementDistrictBoard,2016-11-29,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 29, 2016
Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
2) A Resolution Of Findings Supporting Local Amendments To The 2016 Edition Of
The State Housing Law Regulations To Comply With Changes To State, Law And
Adopting CEQA Exemption Findings
16-0360
Sponsors: Oakland Public Works Department
Attachments: 86500 1215A
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, 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
9.3
Subject:
Local Amendments to 2016 California Model Building Construction Codes
From:
Planning And Building Department
Recommendation: Adopt The Following Legislation To Amend The 2016 Triennial
Editions Of The California Model Building Construction Codes:
1) A Resolution Of Findings Supporting Local Amendments To The 2016 Editions Of
The California Model Building Construction Codes To Comply With Changes To State
Law And Adopting CEQA Exemption Findings; And
16-0362
Sponsors: Oakland Public Works Department
Attachments: View Report
86501 C.M.S
Upon the reading of Item 9.3 by the City Clerk, the Public Hearing was opened at
8:50 p.m.
2 individuals spoke on this item.
Staff noted the following changes: in the Resolution repalce every occurance of
2001 to 2016.
Councilmember Kaplan made a motion, seconded by Councilmember Kalb, to
close the Public Hearing, and hearing no objections, the motion passed by 7
Ayes: Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and President
Pro Tempore Reid; 1 Absent: Gibson McElhaney.
Councilmember Kaplan made a motion to amend the Resolution on page 2
consisting of an additional Whereas clause stating the following: ""Whereas City
Staff will work together with stakeholders to explore any potential further
amendments.""
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Adopted as Amended. The motion carried by the following vote:
City of Oakland
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Hazard Abatement District Board
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Reid
Absent: 1 - Gibson McElhaney
Subject:
Local Amendments to 2016 California Model Building Construction Codes
From:
Planning And Building Department
Recommendation: Adopt An Ordinance (1) Repealing The Oakland Amendments To
The 2013 Edition Of The California Model Building Construction Codes, (2) Adopting
Local Amendments To The 2016 Edition Of The California Model Building
Construction Codes, And (3) Amending Oakland Municipal Code Chapter 15.04 To
Comply With Changes To State Law And Adopting CEQA Exemption Findings
16-0363
Sponsors: Oakland Public Works Department
Attachments: View Report
View Supplemental Report
13408 CMS
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Approved On Introduction and Scheduled for Final Passage to go before the
Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/13/2016. The motion carried by the following
vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, and Reid
Absent: 1 - Gibson McElhaney
City of Oakland
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Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
9.4
Subject:
Community Choice Energy Program
From:
Oakland Public Works Department
Recommendation: Adopt An Ordinance Authorizing The Implementation Of A
Community Choice Energy Program Within The Corporate Boundaries Of The City Of
Oakland To Become Effective Thirty Days Following The Final Passage Of The
Ordinance
16-0436
Sponsors: Oakland Public Works Department
Attachments:
View Report Part A
View Report Part B
View Report
View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
13409 CMS
86502 CMS
Upon the reading of Item 9.4 by the City Clerk, the Public Hearing was opened at
8:55 p.m.
8 individuals spoke on this item.
Councilmember Kalb made a motion, seconded by Councilmember Kaplan, 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.
A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter
be Approved On Introduction and Scheduled for Final Passage to go before the
Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/13/2016. The motion carried by the following
vote:
Aye: 8 - - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
City of Oakland
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Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
2) Adopt A Resolution Approving The East Bay Community Energy Authority Joint
Powers Agreement And Authorize The City Administrator To Execute The East Bay
Community Energy Authority Joint Powers Agreement; And Adopting California
Environmental Quality Act (CEQA) Exemption
Findings
16-0437
Sponsors: Oakland Public Works Department
Attachments: 86502 CMS
A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter
be Adopted. The motion carried by the following vote:
Aye:
8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
9.5
Subject:
24th & Harrison Appeal
From:
Planning and Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A
Resolution Denying An Appeal By Oakland Residents For Responsible Development
And Thus Upholding The Planning Commission's Approval Of A Proposal To
Construct 437 Dwelling Units Over Approximately 65,000 Square Feet Of Retail
Located At 277 27th Street (24th & Harrison), Oakland CA (Project Case No.
PLN16-080), Including Adopting CEQA Exemptions And Addendum (Relying On The
Previously Certified 2014 Broadway Valdez District Specific Plan EIR).
16-0315
Sponsors: Office Of The City Administrator
Attachments: View Report
View Report - Attachment A
View Reprot - Attachment B
View Report - Attachment C
View Report - Attachment D
There are 7 speakers on this item.
This City Resolution be Withdrawn with No New Date.
City of Oakland
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Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
9.6
Subject:
285 And 301 12th Street Appeal
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Consider A
Resolution Denying The Appeals Of Oakland Residents For Responsible
Development And The W12 Benefits Coalition, And Thus Upholding The Planning
Commission's Approval Of A Proposal To Construct 416 Dwelling Units Over
Approximately 26,200 Square Feet Of Retail Located At 285 And 301 12TH Street,
Oakland CA (Project Case No. PLN16133), Including Adopting CEQA Exemptions
(15183 & 15183.3) And An Addendum (Relying On The Previously Certified 2014
Lake Merritt Station Area Plan EIR)
16-0409
Sponsors: Planning & Building Department
Attachments: View Report
View Supplemental Report
86503 C.M.S.
Upon the reading of Item 9.6 by the City Clerk, the Public Hearing was opened at
9:32 p.m.
68 individuals spoke on this item.
Councilmember Guillen made a motion, seconded by Councilmember Gallo, to
close the Public Hearing, and hearing no objections, the motion passed by 9
Ayes: Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Reid and
President Gibson McElhaney.
A motion was made by Abel J. Guillén, seconded by Noel Gallo, that this matter
be Adopted. The motion carried by the following vote:
Aye:
8 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Kaplan, Gibson McElhaney,
and Reid
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
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Agency / City Council / Geologic
Hazard Abatement District Board
11
Subject:
Workforce System Rapid Response and Layoff Aversion Services
From:
The Office Of The City Administrator
Recommendation: Recieve An Oral Informational Report On Workforce System Rapid
Response and Layoff Aversion Services
16-0341
Item 11 will not be heard. The Administration will be coming to Community and
Economic Development Committee on 12/6/2016 with a more substantial report
and request for budget allocations.
This Informational Report be No Action Taken.
12
Subject:
Infrastructure Bond Affordable Housing Enabling Ordinance
From:
Office Of The City Administrator
Recommendation: Adopt An Ordinance Amending The Oakland Municipal Code To
Enact The City Of Oakland Affordable Housing And Infrastructure Bond Law, Which
Provides For Issuance Of General Obligation Bonds To Fund The Affordable Housing
Program And Other Purposes Described Herein
16-0340
Attachments: View Report
View Report
Supplemental Report
Supplemental Report
13403 C.M.S
Proof Of Publication 13403 CMS
Councilmember Kaplan was noted absent at 10:32 p.m.
A motion was made by Abel J. Guillén, seconded by Annie Campbell Washington,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Gibson McElhaney, and Reid
Absent: 1 - - Kaplan
City of Oakland
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Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
13
Subject:
OPIC Prompt Payment Settlement
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution Authorizing And Directing The City
Administrator To Settle A Payment Dispute With The Oakland Private Industry
Council, Inc., Under The Prompt Payment Ordinance For $150,000
16-0424
Sponsors: Economic & Workforce Development Department
Attachments: View Report
This City Resolution be Referred.to go before the *Rules & Legislation Committee
15
Subject:
Compassionate Communities Informational Presentation
From:
Council President Gibson McElhaney
Recommendation: Receive An Informational Presentation On Council President
McElhaney's Compassionate Communites Initiative To House Unsheltered Residents
And Address Encampments In Oakland.
16-0245
Sponsors: Gibson McElhaney
Attachments: View Report
Council President requested to continue this item to the Special City Council
meeting on 12/13/2016.
This Informational Report be Continued.to go before the Special Concurrent
Meeting of the Oakland Redevelopment Successor Agency/City Council to be
heard 12/13/2016
16
Subject:
Compassionate Communities / Homeless Encampments 2016-2017
From:
Human Services Department
Recommendation: Receive An Informational Report On The Compassionate
Communities Pilot Program; And
16-0238
Sponsors: Human Services Department
Attachments: View Report
View Supplemental Report
There were 2 speakers on this item.
A motion was made by Lynette Gibson McElhaney, seconded by Larry Reid, that
this matter be Received and Filed. The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Gibson McElhaney, and Reid
Absent: 1 - Kaplan
City of Oakland
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Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
2) Adopt A Resolution Authorizing The City Administrator To: Enter Into A Grant
Agreement With Bay Area Community Services In An Amount Not To Exceed
$130,000 To Provide Services To The Homeless Encampment At 35th Street And
Peralta Avenue For The Period Of October 1, 2016 Through June 30, 2017; And
Accept And Appropriate Any Additional Encampment Services Funds That May
Become Available From Alameda County, State Of California Community Services
Block Grants, The City Of Emeryville, And Any Other Sources During The Period Of
October 1, 2016 Through June 30, 2017 Without Returning To Council; And Amend
The Above Grant Agreement To Increase The Grant Amount For Additional
Encampment Services Efforts Within The Grant Term Of October 1, 2016 Through
June 30, 2017 Without Returning To Council
16-0385
Sponsors: Human Services Department
Attachments: 86504 C.M.S.
A motion was made by Lynette Gibson McElhaney, seconded by Larry Reid, that
this matter be Adopted. The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Gibson McElhaney, and Reid
Absent: 1 - - Kaplan
City of Oakland
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Agency / City Council / Geologic
Hazard Abatement District Board
17
Subject:
12th Street Remainder Parcel DDA
From:
Economic And Workforce Development
Recommendation: Adopt An Ordinance: (1) Amending The Term Sheet For The
Disposition And Development Agreement For The 12th Street Remainder Parcel
Located At E12th Street And 2nd Avenue Previously Approved By Ordinance No.
13382 C.M.S. To Identify The Developer As Lakehouse Development Partners, LLC
(Or Its Related Entities Or Affiliates) And Lakehouse Commons Affordable Housing,
LP (Or Its Related Entities Or Affiliates); And (2) Authorizing The City Administrator,
Without Returning To The City Council, To Negotiate And Execute Such Disposition
And Development Agreement And Related Documents Between The City Of Oakland
And Such Developer Entities, All Of The Foregoing Documents To Be In A Form
Andcontent Substantially In Conformance With The Amended Term Sheet Attached
As Exhibit A
16-0346
Sponsors: Economic & Workforce Development Department
Attachments: View Report
View Supplemental Report
There were 5 speakers in this item.
Staff noted one amendment to the Ordinance to replace on the first page in the
5th and 6th Whearas clause Behring ZRT Lakehouse LLC with E12th Street GP,
LLC.
A motion was made by Abel J. Guillén, seconded by Larry Reid, that this matter
be Approved As Amended On Introduction and Scheduled for Final Passage to
go before the Special Concurrent Meeting of the Oakland Redevelopment
Successor Agency/City Council, to be heard 12/13/2016. The motion carried by
the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Gibson McElhaney, and Reid
Absent: 1 - - Kaplan
City of Oakland
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Oakland Redevelopment Successor
Agency / City Council / Geologic
Hazard Abatement District Board
18
Subject:
Anti-Hate Resolution
From:
Councilmember Brooks
Recommendation: Adopt a Resolution Condemning Viloence And Hate Speech,
Expressing Solidarity With Muslims And All Those Targeted For Their Ethnicity, Race,
Or Religion
16-0459
Sponsors: Ms. Brooks
Attachments:
View Report
Council directed the Mayor to present this resolution along with the Sanctuary
City resolution at the Alameda County Conference of Mayors and request the
representing cities at the conference adopt similar resolutions.
A motion was made by Desley Brooks, seconded by Dan Kalb, that this matter be
Adopted. The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Gibson McElhaney, and Reid
Absent: 1 - - Kaplan
8
ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
A motion was made by Larry Reid, seconded by Abel J. Guillén, that this matter
be Approve as Submitted. The motion carried by the following vote:
Aye: 7 - Brooks, Campbell Washington, Gallo, Guillén, Kalb, Gibson McElhaney, and Reid
Absent: 1 - - Kaplan
CONTINUATION OF OPEN FORUM
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 12:00 A.M., Unless Extended By Majority Vote
Of The Council)
There being no further business, and upon the motion duly made, the Council
adjourned the meeting in memory of Tel Cary-Sadler, Deborah Hudson Williams,
Jerry Harbin, Allyn Redd, Deante Miller, Roderick Traeyvon Godfrey and Will Sims
at 10:58 p.m.
City of Oakland
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Agency/ City Council / Geologic
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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 5 days 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
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AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE
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City of Oakland
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