body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"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
CITY OF OAKLAND
Clerk
*
Concurrent Meeting of the Oakland
Redevelopment Successor Agency
and the City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Tuesday, October 16, 2018
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 5:32 p.m. President Pro Tem Guillen
chaired the meeting.
2
ROLL CALL / CITY COUNCIL
Excused 1 - - Desley Brooks
Present 7 - - Annie Campbell Washington, Noel Gallo, Lynette McElhaney, Abel J. Guillén, Dan
Kalb, Rebecca Kaplan, and Laurence E. Reid
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
16 speakers spoke during open forum
Councilmember Kalb arrived at 5:34 P.M.
President Reid arrived at 5:35 P.M.
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor,
Council Acknowledgements/Announcements):
Councilmember McElhaney took a point of personal privilege and requested that
the meeting be adjourned in memory of Clifton Harrison
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF OCTOBER 2, 2018
18-0952
Attachments: View Reports
A motion was made by Larry Reid, seconded by Annie Campbell Washington,
that this matter be Approved. The motion carried by the following vote:
Excused: 1 - Brooks
Aye: 7 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
NO VOTE:
0
6
MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS
(Requests To: Reschedule Items From Consent To Non-Consent
To The Next Council Agenda, Speak On Consent Calendar, Register Votes,
Change Order Of Items, Reconsiderations, Pull Items Held In Committee):
7
CONSENT CALENDAR (CC) ITEMS:
Approval of the Consent Agenda
There were 4 speakers on the Consent Calendar.
This was Approve as Submitted.
Excused: 1 - - Brooks
Aye: 7 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
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
18-0950
Attachments: View Report
87364 CMS
This City Resolution was Adopted.
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
18-0951
Attachments: View Report
87365 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
7.3 The Item Regarding The ""Loan Term Extension For Madison Park Apartments""
Was Removed From This Agenda At The October 11, 2018 Rules And Legislation
Committee, And Rescheduled To Be Heard At The October 23, 2018 Community And
Economic Development Committee
7.4
Subject:
Mayor's Designation To The Oakland Police And Fire Retirement Board
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Approving The Mayor's Designation Of The
Director Of Finance Of The City Of Oakland To Serve In The Mayor's Place And Stead
As A Member Of The Oakland Police And Fire Retirement Board, Effective October 17,
2018
18-0980
Attachments:
View Report
87366 CMS
This City Resolution was Adopted.
7.5
Subject:
Appointment To The Library Advisory Commission
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Carolyn
H. Moskowitz As A Member Of The Library Advisory Commission
18-0982
Attachments: View Report
87367 CMS
This City Resolution was Adopted.
7.6 Pursuant To Charter Section 601, The Item Regarding ""Appointment To The Parks
And Recreation Advisory Commission"" Was Removed From This Agenda.
7.7
Subject:
Settlement Claim Of Gregory Nuti
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of Gregory Nuti, In The Amount Of Forty Four
Thousand Nine Hundred Twenty Six Dollars And 00/100 Cents ($44,926.00) (Public
Works - Failed Storm Pipe)
18-0974
Attachments: View Report
87368 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
7.8
Subject:
Settlement Agreement - Michaela A. Morales V. City Of Oakland, Et Al.
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Michaela A. Morales V. City Of Oakland, Et Al.,
Alameda County Superior Court Case No. RG15762482, In The Amount Of Ninety-Three
Thousand, Seven Hundred Fifty Dollars And No Cents ($93,750.00) As A Result Of A
Trip And Fall Incident On August 7, 2013 (Department Of Transportation - Dangerous
Condition)
18-0975
Attachments: View Report
87369 CMS
This City Resolution was Adopted.
7.9
Subject:
Claim Of Simone And Micah Koga
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of Simone And Micah Koga, In The Amount Of Forty
One Thousand Three Hundred Fifty One Dollars And 97/100 Cents ($41,351.97) (Public
Works - Failed Storm Drain)
18-0976
Attachments:
View Report
87370 CMS
This City Resolution was Adopted.
7.10
Subject:
Claim Of Martin And Jennifer Clevinger
From:
Office Of The City Attorney
Recommendation: Adopt Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of Martin And Jennifer Clevinger, In The Amount Of
Sixty Seven Thousand Eight Hundred Four Dollars And 49/100 Cents ($67,804.49)
(Public Works - Failed Storm Pipe)
18-0977
Attachments: View Report
87371 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.11
Subject:
Major Encroachment Permit At 350 Hawthorne Avenue
From:
Department Of Transportation
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To Sutter Bay Hospitals, A California Nonprofit Benefit Corporation
DBA Alta Bates Summit Medical Center, To Allow A New Emergency Drop Off Canopy
Structure Above Grade At 350 Hawthorne Avenue To Encroach Into The Public
Right-Of-Way On 34th Street, Major Encroachment Permit ENMJ18058
18-0902
Attachments: View Report
87372 CMS
This City Resolution was Adopted.
S7.12
Subject:
Acceptance Of California Active Transportation Grants
From:
Department Of Transportation
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City Administrator Or Her Designee To Accept And
Appropriate Ten Million Five Hundred Seventy-Eight Thousand Dollars ($10,578,000.00)
In Active Transportation Program Funds Assigned To The California Transportation
Commission For The 14th Street Safe Routes In The City Project, And; Commit Matching
Funds Of Up To Three Million Four Hundred Fifty-Four Thousand Dollars
($3,454,000.00); And
18-0893
Attachments: View Report
87373 CMS
This City Resolution was Adopted.
2) A Resolution Authorizing The City Administrator Or Her Designee To Accept And
Appropriate Five Million Eight Hundred Fifty Thousand Dollars ($5,850,000.00) In Active
Transportation Program Funds Assigned To The California Transportation Commission
For The Fruitvale Alive Gap Closure Project, And; Commit Matching Funds Of Up To Two
Million Four Hundred Forty-One Thousand Dollars ($2,441,000.00)
18-0894
Attachments: View Report
87374 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.13
Subject:
Sheriff Work Alternative Program
From:
Oakland Public Works
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her
Designee To: 1) Execute An Agreement With Alameda County For The City's
Participation In The Sheriff's Office Work Alternative Program (SWAP) Through The
Oakland Public Works Department (OPW) For A Term Of Five (5) Years, With Three (3)
Two (2) Year Options To Extend Without Returning To Council, And 2) Add Individuals
Participating In The Swap To The City's Self-Administered And Excess Workers'
Compensation Programs
18-0863
Attachments:
View Report
87375 CMS
The Council amended the resolution to include ""the City of Oakland add no further
restrictions or limitations in requirements to participate in the program.""
A motion was made by Annie Campbell Washington, seconded by Rebecca
Kaplan, that this matter be Adopted as Amended. The motion carried by the
following vote:
Excused: 1 - Brooks
Aye: 7 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
S7.14
Subject:
Capital Improvement Program Prioritization Process Update
From:
Oakland Public Works
Recommendation: Adopt A Resolution To Approve The Updated Capital Improvement
Program Prioritization Process, Adopt The Weighting System And Authorize The City
Administrator To Implement The Process Beginning Budget Cycle FY2019-21
18-0857
Attachments: View Report
View Supplemental Report 9-21-2018
87376 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.15
Subject:
Transformative Climate Communities Program Grant
From:
Planning And Building Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Their
Designee To Apply For, Accept, And Execute All Related Documents For Grant Funds In
An Amount Of Twenty-Three Million Dollars ($23,000,000) To Thirty-Three Million Dollars
($33,000,000), Depending On The Grant Amount, From The State's Transformative
Climate Communities (TCC) Program, Administered By The California Strategic Growth
Council (SGC) And Department Of Conservation, For Projects Within Or Contiguous To
The East Oakland Neighborhoods Initiative Project Area
18-0908
Attachments: View Report
87377 CMS
This City Resolution was Adopted.
S7.16
Subject:
Resolution For State Grant Application Friends Of Peralta Hacienda
From:
Oakland Parks And Recreation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Apply
For, Accept And Appropriate Grant Funds In The Amount Of $160,000 From The State Of
California Department Of Parks And Recreation Habitat Conservation Fund Program To
Expand Youth Wildlife Activities; And 2) Enter Into A Grant Agreement With Peralta
Hacienda Historical Park In The Amount Of $160,000 For Use Of The Grant Funds To
Provide Expanded Youth Wildlife Activities For The Four-Year Grant Term.
18-0907
Attachments: View Report
87378 CMS
This City Resolution was Adopted.
S7.17
Subject:
Safe Parking Program For The Unsheltered
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: Enter Into A
Grant Agreement With A Fiscal Sponsor On Behalf Of The Interfaith Council Of Alameda
County In An Amount Not To Exceed $300,000 To Provide A Safe Parking Program For
Persons Living In Vehicles For A Grant Term Commencing On November 1, 2018 And
Ending October 31, 2019; And If Additional Funds Become Available Amend The Grant
Agreement To Increase The Grant Amount For The Provision Of Additional Safe Parking
Sites Within The Grant Term
18-0910
Attachments: View Report
87379 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
8
ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
The Oral report from the Office of the City Attorney of 1 final decision made during
Closed Session:
1) The Case of Thomas Lippman. V. City of Oakland Alameda County Superior
Court Case No. RG12657623. The Council authorized settlement in the amount of
$60,000. This case arose out of incidents that occurred 2009 to 2010 regarding the
Building Code Appeals Process. The motion authorizing the settlement was made
by Council President Reid, seconded by Councilmember Kaplan and passed.
Councilmember Brooks was excused.
A motion was made by Rebecca Kaplan, seconded by Lynette McElhaney, that
this matter be Accepted. The motion carried by the following vote:
Excused: 1 - Brooks
Aye: 7 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE
THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
9
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING
REQUIREMENTS:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
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Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
11
Subject:
2018-2019 Winter Shelter Strategy
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Take The
Following Actions To Provide Emergency Year-Round And Winter Shelter From October
15, 2018 Through June 30, 2019: 1) Accept Up To $130,000 From Alameda County And
Accept And Appropriate Up To $30,000 From The City Of Emeryville; And 2) Enter Into A
Grant Agreement With The Society Of Saint Vincent De Paul In An Amount Not To
Exceed $210,758 To Operate A Year-Round Emergency Shelter; And 3) Amend The
Grant Agreements With St. Mary's Center To Increase The Grant Amount By An Amount
Up To $30,000, And East Oakland Community Project To Increase The Grant Amount By
An Amount Up To $30,000 To Provide Winter Shelter; And 4) Accept And Appropriate
Any Additional Year-Round Or Winter Shelter Funds From Alameda County, The City Of
Emeryville, And Private Grants And/Or Donations, And Amend The Grant Agreements
Above To Increase The Grant Amounts, Without Returning To Council
18-0960
Attachments: View Report
87380 CMS
There were speakers on this item
A motion was made by Noel Gallo, seconded by Rebecca Kaplan, that this matter
be Adopted. The motion carried by the following vote:
Excused: 1 - Brooks
Aye: 7 - - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
12
Subject:
Resolution Opposing Proposition 6
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Of The Oakland City Council In Opposition Of
Proposition 6: Voter Approval For Future Gas And Vehicle Taxes And 2017 Tax Repeal
Initiative
18-0949
Attachments: View Report
87381 CMS
There were 3 speakers on this item
The Roll Call was modified to show Council President Reid out his seat
A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter
be Adopted. The motion carried by the following vote:
Excused: 1 - Brooks
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
Aye: 6- - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, and Kaplan
Absent: 1 - Reid
NO VOTE: 0
13
Subject:
Ordinance Repealing In Its Entirety Ordinance No. 10342
From:
Office Of The City Attorney And Councilmember McElhaney
Recommendation: Adopt An Ordinance Repealing Ordinance No. 10342 C.M.S. Entitled
Loitering About Property Owned By The Housing Authority Of The City (Oakland
Municipal Code Title 9, Chapter 9.08, Section 9.08.250), Which Makes It An Infraction To
Loiter On Oakland Housing Authority Property Without Lawful Business And Fail To
Leave Upon The Request Of A Peace Officer
18-0978
Attachments: View Report
13505 CMS
There were 3 speakers on this item
The Roll Call was modified to show Council President Reid Present at 7:05pm
A motion was made by Rebecca Kaplan, seconded by Lynette McElhaney, 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 10/30/2018. The motion carried by the following
vote:
Excused: 1 - - Brooks
Aye: 7 - - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S14
Subject:
Seismic Retrofit Of 23rd Avenue Bridge Over UPRR (1001681)
From:
Department Of Transportation
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City Administrator, Or Designee, To Accept And
Appropriate Up To Ten Million Twenty-Five Thousand Dollars ($10,025,000.00) In
Federal Highway Administration And State Proposition 1B Funds For The Seismic
Retrofit Of 23rd Avenue Bridge Project (Project No. 1001681); And
18-0903
Attachments: View Report
87382 CMS
There was 1 speaker on this item
A motion was made by Noel Gallo, seconded by Dan Kalb, that this matter be
Adopted. The motion carried by the following vote:
Excused: 1 - - Brooks
Abstained: 1 - Kaplan
Aye: 6 - - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, and Reid
NO VOTE: 0
2) A Resolution Authorizing The City Administrator To Award A Construction Contract To
Proven Management, Inc., The Lowest Responsive And Responsible Bidder, In
Accordance With Plans And Specifications, For The Seismic Retrofit Of 23rd Avenue
Bridge (Project No. 1001681) In The Amount Of Six Million Three Hundred Fifty-Eight
Thousand Seven Hundred Seventy-Seven Dollars ($6,358,777.00); And
18-0904
Attachments: View Report
87383 CMS
A motion was made by Noel Gallo, seconded by Dan Kalb, that this matter be
Adopted. The motion carried by the following vote:
Excused: 1 - Brooks
Abstained: 1 - - Kaplan
Aye: 6 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, and Reid
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-10-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
3) A Resolution Waiving Further Request For Proposal/Qualification Competitive
Selection Process Requirements And Authorizing The City Administrator, Or Designee,
To Amend The Professional Services Contract With URS Corporation For Bridge
Seismic Retrofit Projects By Increasing The Scope Of Work And The Contract Amount By
Four Hundred Twenty Thousand Six Hundred Dollars ($420,600.00) For A Total Contract
Amount Not-To-Exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00)
18-0905
Attachments: View Report
87384 CMS
A motion was made by Noel Gallo, seconded by Dan Kalb, that this matter be
Adopted. The motion carried by the following vote:
Excused: 1 - - Brooks
Abstained: 1 - - Kaplan
Aye: 6 - Campbell Washington, Gallo, McElhaney, Guillén, Kalb, and Reid
NO VOTE: 0
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 Clifton Harrison at 7:28 p.m.
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and Committee
meetings please contact the Office of the City Clerk. When possible, please notify the
City Clerk 5 days prior to the meeting so we can make reasonable arrangements to
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Office of the City Clerk - Agenda Management Unit
Phone: (510)238-6406
Fax: (510) 238-6699
Recorded Agenda: (510) 238-2386
Telecommunications Display Device: (510)238-3254
City of Oakland
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Meeting Minutes - FINAL
October 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE
GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF
THOSE ATTENDING MEETINGS.
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE
CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM
8:30 A.M. TO 5:00 P.M.
City of Oakland
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