Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, January 18, 2011 · 5:30 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Pledge of Allegiance
Roll Call / ORA & Council COUNCIL MEMBERS: Desley Brooks, Dist. 6; Jane Brunner, Dist. 1; Ignacio De La Fuente Dist. 5; Rebecca Kaplan, At-Large; Patricia Kernighan, Dist. 2; Nancy Nadel, Dist. 3; Libby Schaaf, Dist. 4 and President Larry Reid, Dist. 7
Open Forum / Citizens Comments (Time Available: 15 minutes)
ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements):
4.1 Subject: National Blood Donor Month From: Council President Brunner Recommendation: Adopt A Resolution Proclaiming The Month Of January As "National Blood Donor Month" For Oakland
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: Dennis Diemer Retirement - EBMUD From: Council President Reid Recommendation: Adopt A Resolution Honoring Dennis M. Diemer, General Manager Of The East Bay Municipal Utility District, On His Retirement After 30 Years
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETINGS OF THE ORA/CITY COUNCIL FOR December 21, 2010, January 3, 2011, and January 10, 2011.

Action: Approve as Submitted Passed

A motion was made by Councilmember Kaplan, seconded by President Pro Tempore De La Fuente, to Approve as Submitted. The motion carried by the following vote:
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:
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 AIDS Epidemic
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.2 Subject: Medical Cannabis Health Emergency From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A Local Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In The City Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.3 Subject: AMCO Insurance - Settlement Agreement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of AMCO Insurance Company v. City Of Oakland, Alameda County Superior Court Case No. RG10507228 In The Amount Of $17,461.92 (Oakland Police Department Motor Vehicle Accident)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.4 Subject: David C. Huynh - Settlement Agreement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of David C. Huynh, In The Amount Of $6,500.00, Arising From Sewer Lateral Damage Caused By A City Of Oakland Tree (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 Subject: Sale Of A City-Owned Surplus Vacant Lot From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Authorizing The Sale Of A City-Owned Surplus Vacant Lot APN: 048D-7282-020-00 Located Between 6031 Girvin Drive And 6041 Girvin Drive To Jonathan And Diana Stern, The Abbutting Property Owner, For The Highest Sealed Bid Of One Hundred Eighty Thousand Dollars $180,000
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage on the Consent Agenda.
7.6 Subject: Modification To OMC Sections From: Office Of The City Attorney Recommendation: Adopt An Ordinance Moving Oakland Municipal Code (OMC) Sections 2.04.016 And 2.04.017 To New OMC Chapter 2.07, "Grant Award Approval," Renumbering Said Sections To 2.07.100 And 2.07.110, Amending OMC Section 2.04.015 And Clarifying That The Purchasing Ordinance Does Not Apply To Grant Awards
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage on the Consent Agenda.
7.7 Subject: Local Modifications to California Model Fire Code From: Oakland Fire Department Recommendation: Adopt An Ordinance Repealing Current Oakland Municipal Code Chapter 15.12, 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 2010 Edition Of The California Model Fire Code, California Code Of Regulation Title 24, Part 9, Including, But Not Limited To, National Fire Protection Association And Other Referenced Standards As Adopted By The California State Fire Marshall, And Recodifying Said Code At Oakland Municipal Code Chapter 15.12 As The Oakland Fire Code
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage on the Consent Agenda.
7.8 Subject: Commission On Aging - Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Julie Jones As A Member Of The Commission On Aging
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Commission on Aging - Board Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Wade Sherwood As A Member Of The Commission On Aging
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Commission On Aging - Board Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Karen Anderson As A Member Of The Commission On Aging
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Wildfire Prevention and Assessment District - Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Reappointing Christopher M. Candell As Member Of The Wildfire Prevention And Assessment District Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Oakland Municipal Employees' Retirement Board From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Carl Gilmore To The Oakland Municipal Employees' Retirement System Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Commission on Aging - Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Ernest Hardmon III As A Member Of The Commission On Aging
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Dimond Improvement Association Reimbursement - Pay-Go From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing Councilmember Libby Schaaf's Request For A Grant Of $1,000 From The Council District 4 Pay-Go Account, In Honor Of "Local Hero" Kathleen Russell, To The Dimond Improvement Association For The Purchase Of A Projector And Projector Screen
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: ACE Arts Contract - Pay-Go Funds From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Waiving The Request For Proposal Process And Approving A Contract With ACE Arts For The Creation And Installation Of Murals At Courtland Creek Park
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: Dimond Improvement Association Grant - Pay-Go From: Councilmember Libby Schaaf Recommendation: Adopt A Resolution Authorizing Councilmember Libby Schaaf's Request For A Grant Of $2,500 From The Council District 4 Pay-Go Account To The Dimond Improvement Association To Pay For Sound Amplification Services At The 2010 Oaktoberfest, A Privately-Sponsored Community Festival, In The Dimond District
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Settlement Agreement - First Baptist Church From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of First Baptist Church Of Oakland v. County Of Alameda, Alameda County Superior Court Case No. RG 09468773, In The Amount Of $13,000.00
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.18 Subject: Kaiser Foundation Hospitals - Encroachment Permit From: Community And Economic Development Agency Recommendation: Adopt Resolution Granting Kaiser Foundation Hospitals A Revocable And Conditional Permit To Allow Telecommunications Conduits, Electrical Transformers And Vaults, And A Portion Of A Building Foundation And Sewage Storage Vault For Phase II Buildings At 275 West MacArthur Boulevard To Encroach Under The Public Right Of-Way Along Broadway, West MacArthur Boulevard, And Piedmont Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.19 Subject: East 11th Limited Partnership - Encroachment Permit From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting East 11th L.P. A Revocable And Conditional Permit For A New Building At 720 East 11th Street To Allow A Concrete Vault And Electrical Transformer To Encroach Under The Public Sidewalk Along East 11th Street And Oriel Windows And Architectural Screens To Encroach Over The Public Sidewalk On East 11th Street And 8th Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.20 Subject: Revocable And Conditional Permit - 3700 International Boulevard From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting Nueva Vista Partners LLC A Conditional And Revocable Permit For A Building At 3700 International Boulevard To Allow A Portion Of The Existing Facade Along International Boulevard And An Existing Concrete Block Wall Along 38th Avenue To Encroach Into The Public Rights-Of-Way
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: Oakland Business Development Corporation Funding Increase From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1)A Resolution Authorizing The City Administrator To Supplement The Funding For Oakland Business Development Corporations An Amount Not To Exceed $95,800 Of Economic Development Initiative Funds For Fiscal Year 2010-2011, And To Accept A Contribution From The Oakland Redevelopment Agency Under The Cooperation Agreement In An Amount Not To Exceed $140,912 For Fiscal Year 2010-2011, For A New Total Contract Amount Not To Exceed $468,552 For Commercial Loan Underwriting Services
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10-0223-1 2) An Agency Resolution Authorizing A Contribution Of $140,912 To The City Of Oakland Under The Cooperation Agreement, $100,000 From Coliseum Redevelopment Funds And $40,912 From Central City East Redevelopment Funds, To Fund Commercial Loan Underwriting Services By The Oakland Business Development Corporation For The Coliseum And Central City East Commercial Revolving Loan Programs For Fiscal Year 2010-2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.22 Subject: Installation Of Solar Panels From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing A Grant Of Up To $100,000 In Broadway/MacArthur/San Pablo Redevelopment Funds To Oakland Affordable Housing Preservation Initiatives, Inc. (OAHPI) For The Installation Of Solar Panels On A Multi-Family Low-Income Housing Property Located At 3901 Webster Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.23 Subject: Enterprise Zone Increase From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Amending Ordinance Number 13024 C.M.S. (Master Fee Schedule) To Increase The $75 Enterprise Zone Processing Fee By $5 To $80, And To Increase The Expedited Enterprise Zone Processing Fees By $15 To $110 And By $35 To $150
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.24 Subject: Head Start Advisory Board From: Department Of Human Services Recommendation: Adopt A Resolution Extending The Duration Of The Head Start Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.25 Subject: Installation Of Mural - 52nd Street From: Council President Brunner Recommendation: Adopt A Resolution From The Oakland City Council Supporting The Installation Of A Mural Along 52nd Street At The Highway 24 Underpass And Assuming Responsibility For Its Maintenance And Upkeep
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.26 Subject: Hazardous Fuels Risk Reduction From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into An Intergovernmental Memorandum Of Understanding The Department Of Homeland Security Federal Emergency Management Agency, California Emergency Management Agency, U.S. Fish And Wildlife Service, National Park Service, U.S. Forest Service, University Of California - Berkeley, East Bay Regional Park District For Review Of An Environmental Impact Statement For Hazardous Fuels Risk Reduction In The East Bay Hills
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.27 Subject: Sewer Service Fund From: Public Works Agency Recommendation: Adopt A Resolution Authorizing Amendments To The City Of Oakland's Biennial Budget For Fiscal Year 2010-11 Per Resolution No. 82102 C.M.S. In The Sewer Service Fund To Appropriate $4.32 Million In Additional Revenues And Expenditures Related To The Sewer Service Charge, Which Was Increased Effective January 1, 2011 To Fund Additional Operation, Maintenance And Capital Improvements To The Sanitary Sewer System
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage on the Consent Agenda.
7.28 Subject: Alameda County Waste Management Authority Appointment From: Council President Reid Recommendation: Adopt A Resolution Appointing Councilmember Rebecca Kaplan To The Board Of The Alameda County Waste Management Authority For A Term Beginning January 26, 2011 And Council President Larry E. Reid As The Alternate Member
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
8 Oral Report of Final Decisions Made During Closed Session & Disclosure of Non-Confidential closed session discussions

Action: Approve as Submitted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Schaaf, to Approve as Submitted the report of the City Attorney of 1 final decision made during Closed Session, reflected Attachment A to these minutes. The motion carried by the following vote:
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 Subject: Governor's Budget Balancing Proposal From: Office of the City Attorney Recommendation: Adopt A Resolution Declaring The City Of Oakland's Opposition To Governor Jerry Brown's Proposal To Eliminate Local Redevelopment Agencies By July 1, 2011 As Part Of The Governor's Budget-Balancing Proposal, Urging The Governor And The State Legislature To Reject This Misguided Proposal, And Directing The City's State Lobbyist To Advocate Against The Budget Proposal
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
11 Subject: 2011 Federal Legislative Agenda From: Office Of The Council President Recommendation: Action On A Report Requesting Approval Of The Proposed 2011 Federal Legislative Agenda For The City Of Oakland
Informational Report
12 Subject: Installation Of New Meters From: Finance And Management Agency Recommendation: Adopt A Resolution Confirming Locations For Previously Approved New Meters As Required By Oakland Muncipal Code Section 10.36.141
City Resolution
Action: Deferred - DEFUNCT
13 Subject: OFCY Evaluation Report For Fiscal Year 2009-2010 From: Department of Human Services Recommendation: Adopt A Resolution Adopting The Oakland Fund For Children And Youth Final Evaluation Reports For Fiscal Year 2009-2010
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Kaplan, that this matter be Adopted he committee held the Performance Improvement Plan for the 3 low performing sites in committee to return at a future date. Staff was also directed to provide in future reports annual comparative data to build longitudinal results and include information on the issue of bullying, with an additional requirements that 1) provides explanation of how city staff uses the evaluation information and to make funding recommendations, and include a draft policy on standards to be used for defunding poorly performing programs in the future. The motion carried by the following vote:
14 Subject: Condition Of The City's Parks From: Councilmember Kernighan Recommendation: Receive An Informational Report On The Condition Of The City's Parks Prepared And Presented By The Oakland Parks Coalition
Informational Report
Action: Received and Filed Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Nadel, that this matter be Received and Filed. The motion carried by the following vote:
15 Subject: Rainbow Teen Center - Construction Contract From: Community And Economic Development Agency Recommendation: Adopt A Resolution Waiving Advertising And Bidding Requirements And Awarding A Contract For The Construction Of The Rainbow Teen Center At 5818 International Boulevard To Pulte Homes In An Amount Not To Exceed $121,000, And Accepting A Donation Of $204,0000 In Labor And Materials From Pulte Homes For The Rainbow Teen Center Project
City Resolution
Action: Adopted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Vice Mayor Brooks, that this matter be Adopted. The motion carried by the following vote:
ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 12:00 a.m., unless extended by Majority Vote of the Council)
TTD Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-6406 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 238-3254
City Resolution
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 8:30AM TO 5:00PM
Passed The Consent Agenda
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