Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, February 1, 2011 · 5:30 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Pledge of Allegiance
Roll Call / ORA & Council
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):
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF January 18, 2011

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 motion carried by the following vote:
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):

Action: Approved as Amended Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Brunner, to Approved as Amended. The motion carried by the following vote:
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: 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.
7.4 Subject: Amending The Salary Schedule From: Department Of Human Resource Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance Number 12187 C.M.S. (The Salary Ordinance) To: Add The Permanent Part Time (PPT) And Part Time (PT) Equivalent Classifications Of: Case Manager, Supervising, PPT; Case Manager, Supervising, PT; Case Manager II, PPT; Case Manager II, PT; Case Manager I, PT
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.
7.5 Subject: Public Ethics Commission Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Aspen Baker To The Public Ethics Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Commission On Persons With Disabilities Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Eva M. Aguillard To The Commission On Persons With Disabilities
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: The Citizen's Police Review Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Paula White As A Member And Howard Tevelson As Alternate To The Citizen's Police Review Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Housing, Residential Rent And Relocation Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Edward M. Lai To The Housing, Residential Rent And Relocation Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Reyes Briones - 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 Louis And Reyes Briones In The Amount Of One Hundred Forty Four Thousand One Hundred Fifty Three Dollars And No Cents ($144,153.00) (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Association Of Bay Area Governments Appointments From: Office Of Council President Reid Recommendation: Adopt A Resolution Appointing Councilmembers Jane Brunner, Desley Brooks, And Rebecca Kaplan To The Board Of The Association Of Bay Area Governments (ABAG)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: City/Port Liaison Committee Appointments From: Office Of Council President Reid Recommendation: Adopt A Resolution Appointing Council President Larry E. Reid, Council Member Nancy Nadel, Council Member Libby Schaaf, And Councilmember Rebecca Kaplan To The City/Port Liaison Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Wildfire Prevention Assessment District Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Reappointing Diane A. Hill As Member Of The Wildfire Prevention And Assessment District Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Oakland Alameda County Coliseum Authority Appointments From: Office Of Council President Reid Recommendation: Adopt A Resolution Appointing Councilmember And President Pro Tem Ignacio De La Fuente And Council Member And Vice Mayor Desley Brooks, To The Oakland Alameda County Coliseum Authority
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Alameda County Transportation Board Appointments From: Office Of Council President Reid Recommendation: Adopt A Resolution Appointing Council President Larry E. Reid And Councilmember Rebecca Kaplan To The Alameda County Transportation Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: National League Of Cities Appointments From: Office Of Council President Reid Recommendation: Adopt A Resolution Appointing Councilmember And Vice Mayor Desley Brooks To The National League Of Cities And Council President Larry E. Reid As An Alternate Member
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: California League Of Cities Appointments From: Office Of Council President Reid Recommendation: Adopt A Resolution Appointing Council President Larry E. Reid To The California League Of Cities And Council Member And Vice Mayor Desley Brooks As An Alternate Member
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Violence Prevention And Public Safety Oversight Committee Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Melanie Shelby, As A Member Of The Violence Prevention And Public Safety Oversight Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.18 Subject: Rehabilitation Of Sanitary Sewers In The Easement By Knowland Park From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Andes Construction, Inc. For The Rehabilitation Of Sanitary Sewers In The Easement By Knowland Park (Project No. C329116) In Accord With Plans And Specifications For The Project And Contractor's Bid In The Amount Of Four Hundred Thirty-Seven Thousand Five Hundred Ninety-Two Dollars ($437,592.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.19 Subject: Audit Services - Contracts From: Finance And Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A City Resolution Amending City Council Resolution No. 82682 C.M.S., Which Authorized A Contract With Macias Gini, & O'Connell, LLP To Provide Audit Services (Single Audit), To Increase The Contract For Single Audit Report By Nineteen Thousand Four Hundred Dollars ($19,400), From Eighty-Seven Thousand Two Hundred Three Dollars ($87,203) To One Hundred Six Thousand Six Hundred Three Dollars ($106,603) To Cover Testing Of Two Additional Major Programs For Fiscal Year Ending June 30, 2010
City Resolution
Action: Adopted Passed

This Matter was Adopted amended to the resolution to waive both 1) advertisement and 2) the Request for Proposal processes. on the Consent Agenda.
10-0282-1 2) An Agency Resolution Amending City Council Resolution No. 2010-0048 C.M.S., Which Authorized A Contract With Macias Gini, & O'Connell, LLP To Provide Audit Services, To Increase The Contract For Oakland Army Base Report By Sixty Thousand Dollars ($60,000), From Three Thousand Sixty Dollars ($3,060) To An Amount Not-To-Exceed Sixty Three Thousand Sixty Dollars ($63,060) To Provide Comprehensive Financial Statements For The Years Ended June 30,2007, 2008, 2009 And 2010 And The Close-Out Period Ended August 7, 2010
City Resolution
Action: Adopted Passed

This Matter was Adopted amended to the resolution to waive both 1) advertisement and 2) the Request for Proposal processes. on the Consent Agenda.
7.20 Subject: Violence Prevention And Public Safety Direct Bill From: Finance And Management Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Sole- Source Service Agreement To Direct Bill The Property Owners For The Special Tax Imposed For The Purpose Of Violence Prevention And Public Safety Services In Accordance With The Violence Prevention Act Of 2004 (Measure Y) With A Cost Not To Exceed $580,000; Or, To Place The Special Tax Levy On The Tax Roll On August 10, 2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: Expansion of the Membership of the Project Area Committe From: Community and Economic Development Agency Recommendation: Adopt A Resolution Certifying The Expansion Of The Membership Of The Project Area Committee For The Broadway/Macarthur/San Pablo Redevelopment Project Area To Include Representatives Of The Lowell Street/Golden Gate/Gaskill Amendment Area, And Designating Lowell Street Connected As An Additional Community Organization Representative On The PAC
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.22 Subject: Fireblast - Contract Award From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or His Designee To 1) Dispense With Advertising And Bidding And Authorize A Limited Request For Proposal Process, And 2) Award A Contract To Fireblast 451, Inc. For The Purchase And Installation Of A Live Fire Simulator, And Training, Equipment, Supplies And Maintenance Associated With Implementation Of The Live Fire Training Program In An Amount Not To Exceed Three Hundred Sixty Eight Thousand, Five Hundred Four Dollars ($368,504)
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

the report of the City Attorney of 3 final decisions made during Closed Session.
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:
9.1 Subject: Combining Zone Regulations From: Community And Economic Development Agency Recommendation: Adopt An Ordinance To 1) Extend The Broadway Retail Frontage Interim Combining Zone Regulations In Oakland Planning Code Chapter 17.101c Through February 15, 2013 Or Until City Council Adoption Of The Broadway/Valdez District Specific Plan, Whichever Comes First; And 2) Make Changes To The D-BR Zone Text, Including The D-BR Zone May Be Combined With Any Other Zone, Not Just A Commercial Zone, As Recommended By The City Planning Commission. The D-BR Zone Is Currently Located From 23rd St. In The South; Highway 580 In The North; Webster St. And Lots On Or Near Broadway In The West; And Brook St., Portions Of -Valdez St., 27th, And Harrison St, In The East
Ordinance
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 Subject: State Budget Status From: Budget Office Recommendation: Receive A Supplemental Report Regarding The Status Of The State's Budget Development And Its Potential Impacts On The City Of Oakland's Proposed Budget For Fiscal Year 2009 -2011 [TITLE CHANGE]
City Resolution
11 Subject: Measure K, Measure Y And Measure Q Performance Audits From: Office Of The City Auditor Recommendation: Receive A Follow Up Report On The Performance Audits For The Following : (1) Measure K, Kids First! The Oakland Fund For Children And Youth Act Of 1996, Baseline Funding For Children And Youth Services; (2) Measure Y, The Violence Prevention And Public Safety Act Of 2004, Administration Of Violence Prevention Grants; (3) And Measure Q, Library Services Retention And Enhancement Act Of 2004” [TITLE CHANGE]
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Nadel, seconded by President Pro Tempore De La Fuente, that this matter be Received and Filed. The motion carried by the following vote:
12 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
Action: Received and Filed Passed

A motion was made by Councilmember Brunner, seconded by President Pro Tempore De La Fuente, that this matter be Received and Filed. The motion carried by the following vote:
13 Subject: Museum Renovations Project From: Public Works Agency Recommendation: Adopt A Resolution Authorizing An Increase In The Construction Manager At-Risk Contract With Cahill Contractors, Inc. In The Amount Not To Exceed Six Million Nine Hundred Twenty Thousand Dollars ($6,920,000) To Complete Phase 2 And Future Phases Of The Museum Renovations Project (Natural Science Gallery, Education Center, Support Spaces And Other Areas) As Private Or Public Funding Becomes Available For A Total Contract Amount Of Twenty Four Million Dollars ($24,000,000), And Waiving Further Advertising And Request For Proposals Or Bids For This Contract
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:
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)
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
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Passed The Consent Agenda

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