Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, February 15, 2011 · 5:30 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Pledge of Allegiance
Roll Call / ORA & Council COUNCIL MEMBERS:Jane Brunner, Dist. 1;Patricia Kernighan, Dist. 2; Nadel, Dist. 3; Libby Schaaf, Dist. 4; Ignacio De La Fuente, Dist. 5; Desley Brooks, Dist. 6; Rebecca Kaplan, At-Large, 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: American Health Month From: Council President Larry Reid Recommendation: Adopt A Resolution Proclaiming The Month Of February 2011 As "American Heart Month" For Oakland
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by Vice Mayor Brooks, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: Teen Dating Violence Awareness And Prevention Month From: Mayor Jean Quan Recommendation: Adopt A Resolution Proclaiming The Month Of February 2011 As Teen Dating Violence Awareness And Prevention Month
City Resolution
Action: Adopted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF February 1, 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: Landmarks Preservation Advisory Board Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Thomas Biggs, Anna Naruta And Daniel Schulman As Members Of The Landmarks Preservation Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.4 Subject: Budget Advisory Committee Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Bruce Nye To The Budget Advisory Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 Subject: Children's Fairyland Board Appointment From: Office of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Karen Boyd And Nashwa Enam To The Children's Fairyland Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Police And Fire Retirement Board Appointment From: Mayor Jean Quan Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of The Director Of The Finance And Management Agency To Serve In The Mayor's Place And Stead As A Member Of The Police And Fire Retirement Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Small Business Symposium Grant- Pay-Go Funds From: Council President Larry Reid Recommendation: Adopt A Resolution Authorizing A Grant Of $26,595.68 From Council President Larry Reid's Pay-Go Funds To The Oakland Business Development Corporation For Expenses Incurred In Conducting The Small Business Symposium Held On May 28, 2010
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Opposition to Governor's Medi-Cal Programs From: Councilmember Kernighan Recommendation: Adopt A Resolution Declaring The City Of Oakland's Opposition To Governor Jerry Brown's Proposal To Eliminate The Medi-Cal Adult Day Health Care Program From The State Budget And Urging The Governor And State Legislature To Maintain Funding Of The Adult Day Health Care Program
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Children's Fairyland Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Georgia Richardson To The Children's Fairyland Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Commission On Aging Appoinments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Karen Smulevitz And Donna Griggs As Members Of The Commission On Aging
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Landmarks Preservation Advisory Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Mary E. MacDonald As Member Of The Landmarks Preservation Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Parks And Recreation Advisory Commission Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Wade Finlinson To The Parks And Recreation Advisory Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Housing, Residential Rent And Relocation Board Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Michael Bowie And Gregory Minor To The Housing, Residential Rent And Relocation Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Library Advisory Commisssion Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Carolyn Mixon And Steve G. Tidrick As Members Of The Library Advisory Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: Settle The Case Of Frederick J. Gums From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Frederick J. Gums V. City Of Oakland, Et Al., United States District Court No. C-09-05536-EDL, City Attorney File No. 27196 In The Amount Of $7,500.00 (Police Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: 2004 Audit And Program Status Report From: Finance and Management Agency Recommendation: Receive An Informational Report Presenting The Measure Y - Violence Prevention and Public Safety Act Of 2004 Audit And Program Status Report
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
7.17 Subject: 2009-2010 Comprehensive Annual Financial Report From: Finance And Management Agency Recommendation: Receive An Informational Report Presenting The City's Fiscal Year 2009-2010 Comprehensive Annual Financial Report (CAFR) And The Oakland Redevelopment Agency (ORA) Audit Report, And The Management Letter
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
7.18 Subject: Wildfire Prevention Assessment District Audit Report From: Finance And Management Agency Recommendation: Receive An Informational Report Presenting The Oakland Wildfire Prevention Assessment District Audit Report
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
7.19 Subject: San Francisco Bay Regional Water Board - Settlement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Administrative Civil Liability Complaint No. R2-2009-0078 ("ACL") Brought By The San Francisco Bay Regional Water Board ("Regional Water Board") Against The City Of Oakland In The Amount Of $280,000.00 In Fines And Costs Plus Up To $20,000 To Be Paid To The San Francisco Estuary Partnership For Monitoring Of The City's Separate Environmental Project ("SEP") Which SEP Is A Condition Of The Settlement (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.20 Subject: Settlement Of Save Mart Supermarkets V. City Of Oakland From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving Settlement Of Save Mart Supermarkets V. City Of Oakland (Alameda Superior Court Case No. RG10514461), By Permitting The City To Retain Transfer Taxes, Penalties And Interest In The Amount Of $553,764.61 In Exchange For Plaintiff's Dismissal Of Lawsuit Challenging Imposition Of The Transfer Taxes, Penalties And Interest And The City's Waiver Of Claims To Additional Payments From Save Mart (Finance And Management Agency; Real Property Transfer Taxes)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: The Writ Petitions Of Family Bridges - Settlement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Writ Petitions Of Family Bridges, Et Al. V. Dan Lindheim, And The City Of Oakland, Alameda County Superior Court Case No. RG08409445, Our File No. X03237 And Echo Et Al. V. City Of Oakland, Et Al., Alameda County Superior Court Case No. RG08409443, Our File No. X03238 By Entering Into A Settlement Agreement And Paying Attorneys' Fees In The Amount Of Four Hundred Thousand Dollars ($400,000) (City Administrator)
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
7.22 Subject: Stipulated Order For Preliminary Relief From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving The Stipulated Order For Preliminary Relief And The Payment Of Ten Thousand, Eight Hundred Dollars ($10,800.00) In Attorney's Fees And Costs To The San Francisco Bay Keeper, Intervenor-Plaintiff, In The Case Of United States, Et Al. Vs. The City Of Alameda, Et Al., United States District Court, Northern District Of California, Case No. C 09-05684 RS [TITLE CHANGE]
City Resolution
Action: Rescheduled
7.23 Subject: Purchase For Redevelopment - 8280 MacArthur From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of Real Property At 8280 Macarthur Boulevard In The Central City East Redevelopment Project Area From Yan Li Liang For $230,000.00, Less The Cost Of Any Environmental Site Remediation, And Authorizing Up To $15,000 For Real Estate Closing Costs, And $50,000 For Demolition Costs
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.24 Subject: 2006 Affordable Housing Bond Fund From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Allocating Up To $92,000 From The Agency's 2006 Affordable Housing Bond Fund To Pay Liability Insurance Premiums For Seven Affordable Rental Properties In Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.25 Subject: Amending OMC 9.08.260 From: Councilmember Kernighan Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Section 9.08.260 To (1) Prohibit The Sexual Exploitation Of Women And Children, (2) Prohibit Business Owners From Allowing Prostitution On Their Property, (3) Declare Prostitution Related Offenses Local Crimes, And (4) Clarify Terms Related To Prostitution Offenses
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

This Matter was Approved On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the March 1, 2011 meeting on the Consent Agenda.
7.26 Subject: Declaring Vehicles A Public Nuisance From: Councilmember Kernighan Recommendation: Adopt An Ordinance Adding Chapter 9.56 To The Oakland Municipal Code, Declaring Vehicles A Public Nuisance And Authorizing Impoundment Of Such Vehicles When They Are Used To Solicit An Act Of Prostitution, For Pandering, Pimping, Or Illegal Dumping
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

This Matter was Approved On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the March 1, 2011 meeting on the Consent Agenda.
7.27 Subject: Purchase Of Protective Clothing - OFD From: Oakland Fire Department Recommendation: Adopt Resolution: 1) Authorizing The Acceptance And Appropriation Of Grant Funds From The U.S. Department Of Homeland Security's Federal Emergency Management Agency (FEMA) Assistance To Firefighters Grant Program For The Period Of December 17, 2010 To December 16, 2011 In The Amount Of Two Hundred Seventy-Two Thousand Dollars ($272,000) For The Purchase Of Firefighter Protective Clothing And 2) Waiving Advertising And Increasing The Amount Of The Existing Term Agreement With All Star Fire Equipment Inc. By Three Hundred Forty Thousand Dollars ($340,000) To Purchase Additional Firefighter Protective Clothing For A New Total Amount Not To Exceed One Million, Four Hundred Forty-Seven Thousand, Eight Hundred Forty Eight Dollars ($1,447,848)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.28 Subject: 2010 COPS Technology Grant Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept Grant Funds In An Amount Not To Exceed Two Hundred And Fifty Thousand Dollars ($250,000) From The U.S. Department Of Justice, Office Of Community Oriented Policing Services (USDOJ/COPS), Fiscal Year 2010 COPS Technology Grant Program, For Implementation Of The Automatic Vehicle Licensing (AVL) And Global Positioning System (GPS) Programs, And Appropriate Said Funds To The Police Department
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.29 Subject: Electronic Data Transfer Services From: Oakland Police Department Recommendation: Adopt Resolution Authorizing The City Administrator Or His Designee, On Behalf Of The City Of Oakland To 1) Waive The Competitive Request For Proposals (RFP) Process, And 2) Enter Into A Contract With Leadsonline For The Period Of July 1, 2010 Through June 30, 2011, Plus Two One-Year Extension Options, In An Amount Not To Exceed Thirty-Two Thousand Two Hundred Forty-Two Dollars ($32,242) Annually For Providing Electronic Data Transfer Services
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 Councilmember Schaaf, seconded by Councilmember Kaplan, to Approve as Submitted the report from the City Attorney of final decisions made during Closed Session and attached to these minutes as Attachment A. 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:
9.1 Subject: Telecommunication Use In HBX Zones From: Council President Brunner Recommendation: Adopt An Ordinance, Recommended By The Planning Commission, To: (A) Designate Micro And Mini Telecommunications Facilities As Conditionally Permitted In All HBX (Housing-Business Mix) Zones; (B) Amend Zoning Code Section 17.134.020(A) To Require The Major Conditional Use Permit Procedure For Telecommunications Facilities In All HBX Zones; (C) Amend Zoning Code Section 17.128.110 To Require The Site Alternatives Analysis Procedure For Certain Telecommunications Facilities In The HBX Zones; (D) Add New Zoning Code Section 17.128.025 To Clarify That A Major Conditional Use Permit Is Required For Telecom Facilities Locating In Close Proximity To Both Residential And HBX Zones; And (E) Make Other Non-Substantive Changes To The Zoning Code As Necessary For Clarity To Enact This Regulation
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Brunner, seconded by President Pro Tempore De La Fuente, that this matter be Approved On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the March 1, 2011 meeting. The motion carried by the following vote:
9.2 Subject: General Plan Land Use Diagram From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Concludion Adopt A Resolution To Correct, Refine And Clarify The General Plan Land Use Diagram To Generally Reflect Existing Land Use, And Conform To The Intent Of The Previously Adopted General Plan.
City Resolution
9.3 Subject: Commercial And Residential Zoning Amendments From: Community And Economic Development Agency Recommendation: Adopt An Ordinance, Recommended By The Planning Commission, To: (A) Amend The Oakland Planning Code To Create New Zones For The City's Commercial And Residential Areas And Make Related Text Amendments; (B) Amend The Zoning Maps To Include The New Commercial And Residential Zones; (C) Amend The Zoning Maps To Include Height Areas For The New Commercial Zones And Other New Zones On The City's Major Transportation Corridors; And (D) Amend The Document "Guidelines For Determining Project Conformity With The General Plan And Zoning Regulations" To Reflect The Above Changes.
Ordinance
9.4 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: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Nadel, that this matter be Approved On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the March 1, 2011 meeting. The motion carried by the following vote:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
Number intentionally not used
11 Subject: Mentoring Programs From: Offices of the Mayor And The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator Or His Designee To Enter Into Periodic Agreements With The Oakland Unified School District (OUSD) Internship Program And The East Bay Regional Occupational Program (EBROP) To Provide Mentoring Programs Through The Office Of The City Administrator (OCA), Oakland Fire Department (OFD), The Public Works Agency (PWA), And The Office Of Parks & Recreation (OPR) And Any Other City Agencies/Departments That Join The Program, For Youth Ages 14-20 Years
City Resolution
Action: Adopted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
12 Subject: R.M. Harris Contract - Award From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To R.M. Harris Company, The Lowest, Responsive, Responsible Bidder, For The Seismic Retrofit Of Park Boulevard Viaducts (Project No. C346910), In The Amount Of One Million Six Hundred Nineteen Thousand One Hundred Eighty-Four Dollars ($1,619,184.00)
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:
13 Subject: Sustainable Communities Strategy (SCS) From: Community And Economic Development Agency Recommendation: Receive An Informational Report To Provide An Overview Of The Association Of Bay Area Government's And Metropolitan Transportation Commission's Process For Development Of Sustainable Communities Strategy (SCS) Pursuant To Senate Bill 375 And Its Relationship To Local Land Use Policies, Implementation Needs And Quality Of Life, Including Key Policy Considerations 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:
14 Subject: Tiger II Planning Grant Funds From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Accepting And Appropriating $2,000,000 Of Transportation Investment Generating Economic Recovery (TIGER) II Planning Grant Funds From The United States Department Of Transportation For The Oakland Army Base Infrastructure Master Plan And The West Oakland Area Plan, And Appropriating Up To $3,010,000 From The Oakland Army Base Joint Infrastructure Development Fund (9572), Up To $90,000 From The Oakland Army Base Operations Fund (9570), And Up To $310,000 From The West Oakland Operations Fund (9590) As Matching Funds
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Schaaf, that this matter be Adopted with direction to staff to return with either a commitment from the Port of Oakland to contribute to the projects or a workplan that focuses on City infrastructure projects. 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
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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