Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, March 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; Nancy 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: Commending Bill Russell From: Councilmember Nadel And Council President Reid Recommendation: Adopt A Resolution Commending Basketball Hall Of Famer Bill Russell On Receiving America's Medal Of Freedom In Recognition Of His Contributions To The Civil Rights Movement
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: West Coast Blues Hall Of Fame From: Council President Larry Reid Recommendation: Adopt A Resolution Recognizing And Honoring The 23rd Annual Bay Area Blues Society's West Coast Blues Hall Of Fame And Awards Show To Be Held On March 27th, 2011
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, 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 March 1, 2011

Action: Approve as Submitted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Kaplan, 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: 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
7.4 Subject: Locations Of New Parking Meters From: Finance And Management Agency Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Section 10.36.140 To Add Street Segments To The Established Parking Meter Zones Throughout The City Of Oakland (TITLE CHANGE)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.5 Subject: Settlement Agreement - Jami Kaludi From: Office Of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Jamil Kaludi V. City Of Oakland, Alameda County Superior Court Case Nos. R09-455256 In The Amount Of $75,000.00 As A Result Of A Trip And Fall Accident On Bryant Street. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Settlement Agreement - Monina Clemente From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of CSAA/Monina Clemente For $5,489.20 Payable To CSAA Subrogee For Monina Clemente As A Result Of Property Damage Sustained In A Collision With A City Vehicle (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Settlement Agreement - Julie Neumann From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Julie C. Neumann, In The Amount Of Seven Thousand Three Hundred Ninety Four Dollars And Fifty Cents, ($7,394.50), As A Result Of Property Damage Sustained When During The Repair Of A City Sewer Main The Equipment Usage Caused Sufficient Vibrations To Crack The Plaster Walls In The Claimant's Home On July 29, 2010 (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Settlement Agreement - Sylvia Wong From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Sylvia Wong In The Amount Of $7,898.49, As A Result Of Property Damage Sustained When A Sewer Main Backed Up Into The Claimant's Building On June 21, 2010 (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Settlement Agreement - Donald Gates From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Donald Gates And Janet Jones V. City Of Oakland, Alameda County Superior Court Case No. RG10-497687 In The Amount Of $40,000.00 As A Result Of Flooding Of The Gates-Jones Residence By Water Runoff From A City Street. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Settlement Agreement - Noemi Betel Olivares From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Noemi Betel Olivares V. City Of Oakland And Bryan Franks, Alameda County Superior Court Case No. RG10-496217, In The Amount Of $17,500.00 As A Result Of A Motor Vehicle Collision At International Boulevard And 16th Avenue On March 17, 2009 (Police Services Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Settlement Agreement - Willia P. Renney From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Willia P. Renney V. City Of Oakland, Alameda County Superior Court Case No. RG09-455340 In The Amount Of $12,000.00 As A Result Of A Trip And Fall Accident At 8th Street And Broadway. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Settlement Agreement - Friendly Cab Company From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving Settlement Of Friendly Cab Company V. City Of Oakland (Alameda Superior Court Case No. RG08422642, First District Court Of Appeal Case No. A126744), By Friendly Cab Company's Payment Of $45,000 Of $100,000 Administrative Penalty And Its Compliance With Hazardous Materials Handling Obligations (Oakland Fire Department; Hazardous Materials Handling Regulations)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Support Wisconsin Workers From: Councilmember Brunner And Councilmember Schaaf Recommendation: Adopt A Resolution Supporting Wisconsin Workers And Calling Upon The Wisconsin Legislature And All State Legislators To Respect Public Employees' Collective Bargaining Rights
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Labor Compliance Program From: Contracting And Purchasing Recommendation: Adopt The Following Pieces Of Legislation: 1) A City Resolution Approving The State Labor Compliance Program (LCP) For The City Of Oakland; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10-0415-1 2) Resolution Approving The State Labor Compliance Program (LCP) For The Oakland Redevelopment Agency
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: CalRecycle Grant From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate A Rubberized Asphalt Concrete Chip Seal Grant Up To A Maximum Award Amount Of $500,000.00 From The California Department Of Resources Recycling And Recovery (Known As "CalRECYCLE")
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: Web-Based Recruitment Contract - Award From: Department Of Human Resources Management Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A Contract Addendum Between The City Of Oakland And Neogov, Inc. To Provide A One-Year Subscription For A Web-Based Recruitment And Job Application Product At A Cost Of Twenty-One Thousand Six Hundred And Ninety-Five Dollars ($21,695) For A One-Year Subscription And Seventy-Five Hundred Dollars ($7500) For Professional Services Related To The Implementation Of The Product For A Total Of Twenty-Nine Thousand One Hundred And Ninety-Five Dollars ($29,195) For The Period March 15, 2011 To March 14, 2012
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Amending the Salary Schedule of Ordinance No. 12187 C.M.S From: Department of Human Resources Management Recommendation: Adopt An Ordinance To Make Corrections To Ordinance No. 12985 C.M.S. And Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (The Salary Ordinance) To Add The Permanent Part Time (PPT) And Part Time (PT) Equivalent Classifications Of: Real Estate Agent, PPT; Real Estate Agent, PT; Receptionist To The City Auditor, PPT; Receptionist To The City Auditor, PT; Contract Compliance Officer, PPT; And Police Records Specialist, PPT
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.18 Subject: California State Association Of Counties Excess Insurance Authority From: Finance and Management Agency Recommendation: Adopt A Resolution Delegating Authority To The City Administrator To Act On Behalf Of The City Of Oakland In Matters Relating To The CSAC Excess Insurance Authority
City Resolution
Action: Adopted as Amended Passed

This Matter was Adopted as Amended as amended with direction to staff to include an estimate of funds to be expended for the purchase of insurance. on the Consent Agenda.
7.19 Subject: Purchase Of Property At 3550 Foothill Blvd From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of Real Property At 3550 Foothill Boulevard In The Central City East Redevelopment Project Area From SK Squared, LLC, In An Amount Not To Exceed $715,000, And Authorizing Up To $200,000 For Abatement, Demolition And Real Estate Closing Costs
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.20 Subject: Purchase Of Property At 711 71st Avenue From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of Real Property At 711 71'' Avenue, In The Coliseum Redevelopment Project Area, From Martial Deduction Trust, Gordon A. Berke And Elinor Berke Living Trust, Warren L. Sussman And Sandra Sussman Living Trust, And 2006 Eskanos Family Trust, In An Amount Not To Exceed $1,400,000, And Authorizing Up To $300,000 For Abatement, Demolition And Real Estate Closing Costs
ORA Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: Broadway Street Car Transit Study From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) Agency Resolution (1) Authorizing The Agency Administrator To Apply For And Accept A Grant From The California Department Of Transportation (CalTRANS), Tranportation Grant Program, In The Amount Of $300,000 For A Broadway Transit Alternatives Analysis Study, And Enter Into A Contract With CalTRANS To Administer The Grant; (2) Appropriating The CalTRANS Grant Funds; And (3) Appropriating A Local Match From The Central District Redevelopment Area In The Amount Of $30,000 [TITLE CHANGE] ; AND
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10-0434-1 2) A City Resolution (1) Authorizing The City Administrator To Apply For And Accept A Grant From The California Department Of Transportation (CalTRANS), Transportation Grant Program, In The Amount Of $300,000 For A Broadway Transit Alternatives Analysis Study, And Enter Into A Contract With CalTRANS To Administer The Grant; And (2) Appropriating The CalTRANS Grant Funds [TITLE CHANGE]
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.22 Subject: Transportation Planning Environmental Justice Grant Program From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: (1) An Agency Resolution Authorizing The Agency Administrator To Apply, Accept And Appropriate A Grant From The California Department Of Transportation, Transportation Planning Environmental Justice Grant Program In The Amount Of $200,000 For The Lowell Street Corridor Community Plan And Authorizing A Local Match Of $20,000 From Broadway/MacArthur/San Pablo Redevelopment Project Funds; AND
ORA Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10-0438-1 2) A City Resolution Authorizing The City Administrator To Apply, Accept And Appropriate A Grant From The California Department Of Transportation, Transportation Planning Environmental Justice Grant Program In The Amount Of $200,000 For The Lowell Street Corridor Community Streetscape Plan And Authorizing A Local Match Of $20,000 From City Council District 1 Discretionary Funds [TITLE CHANGE]
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.23 Subject: Overtime Usage - Oakland Police Department From: Councilmember Larry Reid Recommendation: Receive A Quarterly Informational Report From The Oakland Police Department Detailing Overtime Usage For Fiscal Year 2010-2011, Including A Brief Description Of Activities Overtime Was Used To Fund
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed 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 Nadel, seconded by President Pro Tempore De La Fuente, to Approve as Submitted the report of the City Attorney of 4 final decisions made during Closed Session with the details referenced in Attachment A of 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:
9.1 Subject: Assessment Of Liens - Business Taxes From: Finance And Management Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
10-0450-1 2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
10-0450-2 3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
9.2 Subject: Delinquent Mandatory Garbage Fees From: Finance And Management Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
10-0451-1 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
10-0451-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
9.3 Subject: Assessment Of Liens - Delinquent Taxes From: Finance And Management Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection: Or
City Resolution
Action: Withdrawn and Rescheduled
10-0452-1 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Withdrawn and Rescheduled
10-0452-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Real Property Transfer Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code
City Resolution
Action: Withdrawn and Rescheduled
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 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
Action: Approved for Final Passage Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Approved for Final Passage in conformance with all changes adopted at the March 1, 2011 City Council agenda. With direction to staff to return with The motion carried by the following vote:
11 Subject: Authorizing Sale Of 319 Chester Street From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Authorizing The Sale Of A City-Owned Parcel At 319 Chester Street To The Alliance For West Oakland Development For The Purchase Price Of $94,000.00, Authorizing Seller Financing For The Purchase Price, Authorizing A $400,000.00 Construction Loan, And Authorizing A Disposition And Development Agreement With The Developer To Develop The Parcel With A Two-Family Home
Ordinance
Action: * Withdrawn and Rescheduled
12 Subject: Problem Solving Officer (PSO) Deployment Strategy From: Oakland Police Department Recommendation: Receive A Report From The Police Department Detailing The Current Status Of Problem Solving Officer Deployment And The Continued Implementation Of The Violence Prevention And Public Safety Act Of 2004 (Measure Y)
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Nadel, that this matter be Received and Filed. The motion carried by the following vote:
13 Subject: Second Quarter Revenue And Expenditure Results From: Office Of Budget Recommendation: Receive A Report And Possible Action On Fiscal Year 2010-2011 Second Quarter Revenue And Expenditure Results And Year-End Projections For Four Selected Funds - General Purpose Fund (1010), Landscape & Lighting Assessment District Fund (2310), Equipment Fund (4100) And Facilities Fund (4400); And Overtime Analysis For The General Purpose Fund (1010) And All Funds
Report and Recommendation
Action: No Action Taken
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)
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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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