Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, April 5, 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: Women's Cancer Resource Center Anniversary From: Councilmember Brunner Recommendation: Adopt A Resolution Honoring The Women's Cancer Resource Center On Their 25th Anniversary
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, 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 SPECIAL AND REGULAR CONCURRENT MEETINGS OF March 3, 2011, March 7, 2011 and March 15, 2011

Action: Approve as Submitted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Nadel, 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: Execution Of A License - Cingular Wireless PSC From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving And Authorizing The Execution Of A License Agreement Between New Cingular Wireless PCS And The Oakland Alameda County Coliseum Authority And Certain Related Matters (Office Of The City Administrator)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.4 Subject: Settlement Agreement - Mary Flood From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Mary Flood V. City Of Oakland, Alameda County Superior Court Case No. RG09-455340 In The Amount Of $77,500.00 As A Result Of A Trip And Fall Accident At Near 3878 Fruitvale Avenue. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 Subject: Leonard Hanley - Settlement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Leonard Hanley V. City Of Oakland, et al., Alameda County Superior Court Case No. RG10-532238 In The Amount Of $15,000.00 As A Result Of An Auto Accident Wherein An OPD Vehicle Spun Out Of Control While Mr. Hanley Was A Passenger. (Oakland Police Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Peter Lee - Settlement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Peter C. Lee V. City Of Oakland, United States District Court Case No. C09-06033 WHA, Our File No. X03578, In The Amount Of $55,000.00 (Community And Economic Development Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Weco Industries Contract Award From: Department Of Contracting And Purchasing Recommendation: Adopt A Resolution Awarding A Contract To Weco Industries, A Corporation, In An Amount Not To Exceed Two Hundred Forty Thousand Eight Hundred Ten Dollars And Sixteen Cents ($240,810.16) To Retrofit Three (3) Closed Circuit Television (CCTV) Vans, By Converting Single Conductor System To Multi Conductor System, In Accordance With Specification No. 11-840-84-01/Request For Quote (RFQ) No. 926
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Financial And Membership Status (PFRS) From: Department Of Human Resources Management Recommendation: Receive An Updated Informational Report On The Financial And Membership Status Of The Police And Fire Retirement System (PFRS) As Of December 31, 2010
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
7.9 Subject: Bay Construction Company Contract Award From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Contract To Bay Construction Company, The Lowest, Responsible, Responsive Bidder, For The Construction Of The Morcom Rose Garden Improvement Project (No. C377710) In Accord With Project Plans And Specifications And Contractor's Bid Therefore In The Amount Of One Million Ninety Four Thousand Eight Hundred Twenty Dollars ($1,094,820.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Global Era Conference, Seattle, WA - Brooks Travel From: Vice Mayor Desley Brooks Recommendation: Adopt A Resolution Authorizing Vice Mayor Desley Brooks To Travel To Seattle, Washington To Attend The National League Of Cities Leadership Academy On Local Economic Competitiveness In A Global Era Conference From April 19-21, 2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Settlement Agreement - Raymond Castillo From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Raymond Castillo V. City Of Oakland, Et Al. United States District Court Case No. C09-04679-PJH, City Attorney's File No. 27019, In The Amount Of Four Hundred Twelve Thousand Five Hundred Dollars And No Cents ($412,500.00), As A Result Of Injuries Suffered Incident To Being Taken Into Custody By City Of Oakland Police Officers (Oakland Police Department
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 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.
7.13 Subject: Commission On Persons With Disabilities Appointment From: Mayor Jean Quan Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Kevin Alan Mann To The Commission On Persons With Disabilities
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Head Start Advisory Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Re-Appointment Of Krishen Laetsch, Jo-Ellen Spencer, Dr. Stacy Thompson, Aisha Brown, Alexandra J. Caraballo, Robert Beggs, And Dr. Linda Perez To The Head Start Advisory Board, Term Beginning March 12, 2011 And Ending March 11, 2014
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 Vice Mayor Brooks, seconded by Councilmember Kernighan, to Approve as Submitted the report of the City Attorney of final decisions made during closed session. 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: MacArthur Transit Village Stage One From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Approving The MacArthur Transit Village (a) Stage One (1) Final Development Plan Permit, Which Would Allow For Development Of A New BART Parking Garage And Site Infrastructure, As Part Of The MacArthur Transit Village Planned Unit Development (PUD060058), Pursuant To City Council Resolution No. 81422 C.M.S. Condition Of Approval No. 27, And (b) Vesting Tentative Tract Map 8047
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 Subject: Special Municipal Election From: Office of the City Attorney Recommendation: Adopt An Ordinance Adding Section 3.08.015 To Chapter 3.08 Of The Oakland Municipal Code, Entitled "Elections," To Authorize The City Council To Call A Special Municipal Election On July 12, 2011
Ordinance
Action: Denied Failed

This matter was Denied - DEFUNCT. The motion failed.
11 Subject: Cypress Private Security Contract Award From: Public Works Agency Recommendation: Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Awarding The Security Services Contract For City Facilities For A Term Period Of Two Years With A One Year Extension Option, To Cypress Private Security In An Amount Not-To-Exceed Two Million Dollar(2,000,000), Annually; And, Authorizing The City Administrator To: (1) Increase The Contract By An Additional Ten Percent (10%) To Cover Increased Labor Costs During The Term Of The Contract, And (2) Extend The Contract On A Month-To-Month Basis Upon Expiration Until A New Request For Proposal Process Is Completed And Contract Awarded [TITLE CHANGE];OR
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
10-0304-1 2) A Resolution Awarding The Security Services Contract For City Facilities For A Term Period Of Two Years With A One Year Extension Option, To ABC Security Services Inc. In An Amount Not-To-Exceed Two Million Dollars ($2,000,000), Annually; And, Authorizing The City Administrator To: (1) Increase The Contract By An Additional Ten Percent (10%) To Cover Increased Labor Costs During The Term Of The Contract, And (2) Extend The Contract On A Month-To-Month Basis Upon Expiration Until A New Request For Proposal Process Is Completed And Contract Awarded
City Resolution
Action: Not Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Nadel, that this matter be Not Adopted. The motion carried by the following vote:
12 Subject: Ranked - Choice Voting Follow Up From: Office Of The City Clerk/Alameda County Registrar Of Voters Recommendation: Action And Discussion On A Follow Up Report Regarding Ranked-Choice Voting For The City Of Oakland's November 2, 2010 Election, A Review Of The Outreach And Education Program And Presentation By The Alameda County Registrar Of Voters Office Responses To Questions Submitted By The City Of Oakland
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Kernighan, that this matter be Received and Filed. The motion carried by the following vote:
13 Subject: 8135 Earhart Road Lease Agreement From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A Two-Year Lease Agreement With Three Additional One -Year Renewal Options With The Port of Oakland For Property Located At 8135 Earhart Road To Use As A Storage Facility For Urban Search and Rescue Equipment For The Initial Amount Of $24,517 Plus An Annual Rent Escalator Not To Exceed 5%
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
14 Subject: Measure C Report From: Finance And Management Agency Recommendation: Receive An Informational Report Presenting The Measure C - Oakland Hotel Tax Audit And Program Status Report
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, that this matter be Received and Filed. The motion carried by the following vote:
15 Subject: Adult And Dislocated Worker Training And Employment Services From: Community Of Economic Development Agency Recommendation: Discussion And Possible Action On The Status Of Oakland Workforce Investment Act Contracts, Allocations, And Spending In The Current Fiscal Year, And A Resolution Amending Resolution No. 83122 C.M.S. Authorizing Contracts Under The Workforce Investment Act For Adult And Dislocated Worker Training And Employment Services, To Change The Initial Contract Completion Dates From June 30, 2012, To December 31, 2011, And Allow For A Negotiated Six-Month Extension [TITLE CHANGE]
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Development Of Infrastrusture - Cost Sharing Agreement From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing The Agency Administrator To Negotiate And Execute A Cost Sharing Agreement Between The Redevelopment Agency And The Port Of Oakland For The Development Of Infrastructure Including Public Utilities, And Public Streets On The Former Oakland Army Base; And
City Resolution
Action: Adopted as Amended Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
10-0412-1 2) A City Resolution Authorizing The City Administrator To Negotiate And Execute A Cost Sharing Agreement Between The City And The Port Of Oakland For The Development Of Infrastructure Including Public Utilities And Public Streets On The Former Oakland Army Base
City Resolution
Action: Adopted as Amended Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
17 Subject: Exclusive Negotiating Agreement Amendment From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing: (1) The Agency Administrator To Negotiate And Execute A Second Amendment To The Exclusive Negotiating Agreement (ENA) With AMB Property, L.P./California Capital Group ("AMB/CCG") For A Development On The Former Oakland Army Base ("Base") To: A. Extend The ENA Term From April 22, 2011 To The Earlier Of April 22, 2012 Or The Execution Of A Lease Disposition And Development Agreement, With The Provision For An Automatic Extension Of The Term Of Up To April 22, 2013 If There Is A Delay In Completing A Certification For The Project Under The California Environmental Quality Act Or The National Environmental Policy Act; And B. Provide For: (A) Reimbursement To California Capital Group ("CCG") Of Up To A Maximum Amount Of $14,100,000 For The Third Party Consultants Cost Of The Planning And Design Work For The Base's Infrastructure, Public Utilities, And Public Streets; (B) Approval Of CCG's Proposal For A Development Team, Scope Of Work, Budget, And Schedule For The Planning And Design Work; (C) Elimination Of The Requirement To Accommodate The Oakland Produce Market And The Oakland Film Center As Part Of The Development; (D) Expansion Of The Development Area To Include The Former Oakland Maritime Support Services ENA Site In The East Gateway Area; And (E) Release Of AMB Property, L.P. From Responsibility For The Planning And Design Work, And Designating CCG As The Sole Party Responsible For The Planning And Design Work (2) A Waiver Of The Advertising And Request For Proposal/Qualifications Process And An Award Of The Planning And Design Of Infrastructure Improvements For The Port-Oriented Railyard And 7th Street Overpass Work, In An Amount Not-To-Exceed $3,850,212.00, To CCG [TITLE CHANGE]; AND
ORA Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Brooks, that this matter be Adopted as Amended to the recommendation of the March 29, 2010 Special Community and Economic Development Committee to amend the Agency Resolution as follows: 1)The Agency, CCG and OMSS shall work together to locate a site for OMSS as soon as possible in the master planning process; 2) CCG will require its third party consultants to track and report to the Agency the number of Oakland residents the consultants employ; 3) CCG will encourage its third party consultants to voluntarily create openings for internships and summer jobs for Oakland youth and young adults; and 4) CCG will continue to negotiate a market rate increase in the master planning process; and further directed staff to return to the Community and Economic Development Committee with a progress report regarding ENA implementation approximately six (6) months before the ENA Term is set to expire. The motion carried by the following vote:
10-0495-1 2) A City Resolution Authorizing: (1) The City Administrator To Negotiate And Execute An Exclusive Negotiating Agreement Between The City Of Oakland And AMB Property, L.P./California Capital Group (AMB/CCG) For A Development On The Former Oakland Army Base Without Returning To City Council; And (2) A Waiver Of The Advertising And Request For Proposal/Qualifications Process And An Award Of The Planning And Design Of Infrastructure Improvements For The Port-Oriented Railyard And 7th Street Overpass Work, In An Amount Not-To-Exceed $3,850,212.00, To CCG [TITLE CHANGE]
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Brooks, that this matter be Adopted as Amended. The motion carried by the following vote:
Continuation of Open Forum
Adjournment
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City Resolution
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10-0331 Subject: Gang Injunction Informational Reports From: Councilmember Patricia Kernighan Recommendation: Receive A Complete Report From The Oakland City Attorney's Office And The Oakland Police Department On The North Oakland And Fruitvale Gang Injunctions To Include The Analysis For The Selection Of The Target Area; Impact Of The Gang Area Designation On The Property Values In The Designated Areas; Whether Under California State Law Sellers Of Real Estate In The Designated Areas Are Required To Inform Future Purchasers Of The Designation; Implementation; Enforcement Activities To Date; Budget Indicating All Costs Spent To Date For The North Oakland And Fruitvale Gang Injunctions; Crime Statistics In North Oakland Immediately Prior To The Injunction Compared To Crime Statistics In North Oakland Since The Implementation Of The Injunction To Date; And COUNCIL ACTION To Ratify The Continued Expenditure Of City Resources On The Gang Injunctions, Direct Specific Action Related To The Gang Injunctions And The Expenditure Of City Resources, And/Or Defund The Gang Injunction Litigation.
Informational Report
Action: Referred
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Passed The Consent Agenda

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