Concurrent Meeting of the Oakland Redevelopment Agency / City Council

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

Summary unavailable: Rate limit exceeded. Please try again in a minute.

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; Pat Kernighan, Dist. 2; Nancy Nadel, Dist. 3; Libby Schaaf, Dist. 4; Council 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):
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF June 21, 2011

Action: Approve with the following amendments Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Schaaf, to Approve with the following amendments correcting the vote for item 9.6 for the meeting of June 21, 2011 and showing Councilmembers Kernighan and Nadel as Abstained. 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: City Attorney's Salary From: Office Of The City Auditor Recommendation: Adopt A Resolution Setting The Salary For The Newly Elected City Attorney Of The City Of Oakland Pursuant To The Oakland City Charter, Article IV, Section 401(1) Effective 2013
City Resolution
Action: Adopted as Amended Passed

This Matter was Adopted as Amended to establish a salary of $165,000 for the City Attorney and revise dates in the resolution to January 7, 2013 on the Consent Agenda.
7.4 Subject: Commission On Aging Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Saturu N. Ned As A Member Of The Commission On Aging
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 Subject: CPAB Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Vertis Whitaker As A Member Of The Community Policing Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: BAC Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Michael J. Kilian And Edward R. Gerber To The Budget Advisory Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Amending Conflict Of Interest Code From: Office Of The City Attorney Recommendation: Adopt An Ordinance Amending The City Of Oakland's Conflict Of Interest Code (Ordinance Number 11562 C.M.S Adopted March 23,1993, As Amended, Oakland Municipal Code Chapter 3.16) Enacting A Conflict Of Interest Code For City Of Oakland Employees, Members Of Boards And Commissions, And Consultant Positions To Update The Designation Of Positions Covered By The Code
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.8 Subject: Temporary Vehicle Permits - Taxi From: Office Of The City Administrator Recommendation: Adopt An Ordinance, Pursuant To Municipal Code Section 5.64.080 (I), Authorizing The City Administrator To Issue Temporary Vehicle Permits Finding There Is An Urgent Public Need To Ensure The Maintenance Of Safe And Reliable Taxi Service In Oakland
Ordinance
Action: Approved for Final Passage Passed

A motion was made that this matter be Approved for Final Passage. The motion carried by the following vote:
7.9 Subject: Lawrence Berkeley National Laboratory - Second Campus From: Council President Reid And Councilmember Kernighan Recommendation: Adopt A Resolution In Support Of Locating Lawrence Berkeley National Laboratory's Second Campus In The Brooklyn Basin Site In Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Settlement Agreement - Lewis From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Lewis V. City Of Oakland, Alameda County Superior Court Case No. RG10535198 In The Amount Of $23,500.00 (Public Works Agency - Trip And Fall)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Settlement Agreement - Monica Ivon From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Monica Ivon Orduno V. City Of Oakland. Et Al. Alameda County Superior Court Case No. Rg08-407042 In The Amount Of $750,000.00 As A Result Of Being Struck By A Car At The Intersection Of MacArthur Blvd And Martin Luther King Jr. Way. (OPW)
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
7.12 Subject: Settlement Agreement - Hardy And Sherertz From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Rosemary Hardy And David Sherertz V. City Of Oakland, Alameda County Superior Court Case No, Rg10531620, Ctty Attorney's File No.27714, In The Amount Of Thirty Thousand Dollars ($30,000.00). (PWA)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Settlement Agreement - Shanks From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Shanks V. City Of Oakland, Alameda County Superior Court Case No. RG10525839 In The Amount Of $80,000.00 (Public Works Agency - Trip And Fall)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Safe Routes To School Contract Award From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To AJW Construction For The Construction Of The Safe Routes To Schools (SRTS), Cycle 1 Project (City Project No. G340910) In Accordance With The Project Plans And Specifications In The Amount Of Four Hundred Twenty-Four Thousand, Six Hundred Seventy-Nine Dollars And Fifty Cents ($424,679.50)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: Highway Safety Improvement Program Grant From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Accept And Appropriate One Million Eight Hundred Thousand Nine Hundred Dollars ($1,800,900.00) In Highway Safety Improvement Program (HSIP) Grant Funds To Upgrade Existing Traffic Signals, Install A New Traffic Signal, Modify Intersection Geometry, Install ADA Compliant Curb Ramps, And Install Speed Message Signs At Various Intersections In The City Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: Permanent Access To Housing Matching Funds From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into Grant Agreements With Agencies Selected Under The City Of Oakland's 2011/12 Application Process For The Permanent Access To Housing (PATH) Strategy To Provide Housing And Wrap Around Services To The Homeless (Not Less Than $1,400,196); To Allocate General Purpose Funds (Not Less Than $179,310) To The City's Homeless Mobile Outreach Program Under PATH; To Allocate General Purpose Fund Match (Up To $133,146) To East Oakland Community Project For The City's Families In Transition Program, Funded ($245,420) By The U.S. Department Of Housing & Urban Development (HUD); To Allocate General Purpose Match Funding (Up To $52,750) To East Oakland Community Project For The City's Matilda Cleveland Transitional Housing Program, Funded By HUD ($259,824); To Allocated Funding Awarded To The City By Alameda County (Up To $250,000) To Anka Behavioral Health, Inc. As Match Funding To The City's Homeless Families Support Network Support Housing Program Funded By HUD ($1,829,618); To Allocate Funds To Cover Lease Costs At The Matilda Cleveland Transitional Housing Facility For The 2011/12 Fiscal Year (Up To $27,000); To Allocate Funds To Fulfill The City's Annual Obligation To The Alameda County Everyone Home Strategy And Alameda County Homeless Management Information System (Up To $51,000); To Allocate Match Funds ($34,206) To Abode Services, Inc For A New Supportive Housing Program Grant ($827,904) To Increase Rapid Rehousing Opportunities In Oakland Through The Oakland Path Rehousing Initiative; To Allocate And Authorize An Agreement With Alameda County Community Food Bank (Up To $100,000) For The City's Food Distribution Program; And To Allocate Funds To The City's Hunger Program (Up To $36,000) For Food Distribution Costs Not Covered Under The Alameda County Community Food Bank Agreement
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Early Head Start - Grant Funds From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate Early Head Start Expansion Basic, Training, And Technical Assistance Grant Funds (Formerly ARRA - American Recovery And Reinvestment Act Funding) For Program Year 2011-2012 From The U.S. Department Of Health And Human Services, Administration For Children And Families (DHHS/ACF) In The Estimated Amount Of $2,767,500 And Authorizing Grant Agreements With The Salvation Army ($148,200), Brighter Beginnings ($478,800), And Children's Hospital ($45,000) For The Program Year 2011-2012 For An Aggregated Amount Not To Exceed $672,000 To Fund Child Development Services For Children, Birth - Three-Years-Old, And Their Families, With Said Grants
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.18 Subject: City Administrator Employment Agreement - Deanna Santana From: Office Of The Mayor Recommendation: Adopt A Resolution Authorizing The Mayor To Execute An Employment Agreement On Behalf Of The City With Deanna Santana, City Administrator, Effective August 1, 2011
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:
7.19 Subject: Stop I-9 Audits At Various Companies From: President Pro Tempore De La Fuente Recommendation: Adopt A Resolution Urging The US Department Of Homeland Security To Stop The Audit Of 1-9 Forms At The Pacific Steel Foundry Berkeley And Other Companies Until We Have Comprehensive Immigration Reform
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:
7.20 Subject: Pay By Phone Pilot Program From: Finance And Management Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A Contract Between The City Of Oakland And Parkmobile USA, Inc. To Provide A Pay By Phone Pilot Program For Parking Meter Fees For A 12-Month Period
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: City-Port MOA From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A City Resolution Authorizing The City Administrator To Execute An Amendment To The Oakland Army Base Amended And Restated Memorandum Of Agreement Among The City Of Oakland, The Redevelopment Agency, And The Port Of Oakland To: A) Extend The August 7, 2010 Deadline By Up To Four Years To Fund The West Oakland Community Trust Fund B) Revise The City-Port MOA To Indicate That The Port's Contribution To The West Oakland Community Trust Fund Can Be Provided By The Port's Developer Rather Than Directly By The Port; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10-0672-1 2) An Agency Resolution Authorizing The Agency Administrator To Execute An Amendment To The Oakland Army Base Amended And Restated Memorandum Of Agreement Among The City Of Oakland, The Redevelopment Agency, And The Port Of Oakland (The "City-Port MOA") To: A) Extend The August 7, 2010 Deadline By Up To Four Years To Fund The West Oakland Community Trust Fund B) Revise The City-Port MOA To Indicate That The Port's Contribution To The West Oakland Community Trust Fund Can Be Provided By The Port's Developer Rather Than Directly By The Port
ORA Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.22 Subject: BE Fitzpatrick Development Inc. Incentive Agreement From: Community And Economic Development Agency Recommendation: Adopt A City Resolution Authorizing The City Administrator To Execute A Certificate Of Completion And Other Release Of Obligations By B. E. Fitzpatrick Development Inc., Owner Of The Coliseum Lexus Dealership Project ("Project"), And Its Dealer, Oakland Motor Cars, Inc., Under A Business Incentive Agreement Regarding The Project
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.23 Subject: Foreclosure And Acquisition Of Properties - West Oakland Project Area From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Commencement Of Foreclosure Proceedings And The Acquisition Of Properties Located At 7th Street And Campbell Street In The West Oakland Redevelopment Project Area, And Allocating Agency Funds In An Amount Not To Exceed $500,000 For Costs Related To The Acquisition
ORA Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.24 Subject: International Blvd and 95th Avenue - Real Property Purchase From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of Real Property At 9409, 9415, 9423, 9431, And 9437 International Boulevard, 1361 95th Avenue And An Unknown Address On 95th Avenue (Assessor's Parcel Number: 044-4967-009) In The Coliseum Redevelopment Project Area For Blight Removal And Land Assembly, From Elmhurst Plaza Developer, LLC, Charles Hill And Cherry Hill, And Charles Hill, Surviving Joint Tenant, In An Amount Not To Exceed $1,221,000, And Authorizing Up To $650,000 For Abatement, Demolition Relocation And Real Estate Closing Costs
ORA 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 Vice Mayor Brooks, to Approve as Submitted the report of the City Attorney of no final decisions made during closed session and no non-confidential discussion. 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: Central City East Five-Year Plan From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A City Resolution Authorizing A One-Year Extension Of The Project Area Committee For The Central City East Redevelopment Project To July 29, 2012
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
This number was intentionally left blank
11 Subject: Community Emergency Response Team Grant From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing the City Administrator, on Behalf of the City of Oakland, to Apply for, Accept and Appropriate Federal Fiscal Year 2010 Community Emergency Response Team (CERT) Grant Funds From the State of California Homeland Security Grant Program in the Amount of Fifty Thousand Dollars ($50,000) For the City of Oakland, Office of Emergency Services, Communities of Oakland Respond to Emergencies (CORE) Program
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote:
12 Subject: Urban Area Security Initiative Grant Funds From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or His Designee To: 1) Enter Into An Urban Area Security Initiative (UASI) Grant Administration Agreement With The City and County Of San Francisco For Receipt Of Fiscal Year 2010 Urban Area Security Initiative (UASI) Grant Funds In An Amount Up To One Million, Two Hundred and Twenty-Five Thousand Dollars ($1,225,000), And 2) Accept, Appropriate And Administer Said UASI Grant Funds, And 3) Approve The 2010 UASI Preliminary Spending Plan And Waive City Of Oakland Central Services Overhead (CSO) Fees Of Twenty- Seven Thousand Dollars ($27,000), And 4) Expend Funds In Accordance With Said Preliminary Spending Plan Without Further Council Authorization, Including Purchases In Excess Of The City Administrator's Purchasing Authority Of Equipment And Services Required By The Grant, Provided Federal And City Bidding Requirements And Request For Proposal/Qualification Requirements And Purchasing Programs And Policies Are Followed
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
13 Subject: Contracting Process And Timeline - Various Departments From: Vice Mayor Brooks Recommendation: Discussion And Possible Action On The City's Contracting Process And Timeline For Various Agencies [TITLE CHANGE]
Report and Recommendation
Action: Withdrawn with No New Date
14 Subject: Amending Conflict Of Interest Code - Port Of Oakland From: Office Of The City Attorney Recommendation: Adopt Resolution Approving A Conflict Of Interest Code For Designated Employees And Consultants Of The Port Of Oakland
City Resolution
Action: Withdrawn with No New Date
15 Subject: OPD Reorganization From: Oakland Police Department Recommendation: Receive An Informational Report From the Office of Chief of Police Detailing the Department's Plan to Reorganize the Oakland Police Department, Effective July 2011, to Address Police Staffing Shortfalls and Deliver Police Services Under a Strengthened Model of Field Supervision
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Kaplan, seconded by President Pro Tempore De La Fuente, that this matter be Received and Filed. The motion carried by the following vote:
16 Subject: East Bay Regional Private Sewer Lateral Program From: Public Works Agency Recommendation: Adopt An Ordinance Revision Amending Oakland Municipal Code Title 13, Chapter 13.08 To Add New Regulations Requiring Oakland Property Owners To Inspect And Certify Lower Sewer Laterals In The Public Right-Of-Way At The Time Of Property Transfer, Major Remodeling And Change In Water Service [TITLE CHANGE]
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Kernighan, 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 July 19, 2011 meeting. The motion carried by the following vote:
10-0648-1 2) A Resolution Authorizing The City Administrator Or His Designee To Sign A Statement Of Roles And Responsibilities With The East Bay Municipal Utility District For Implementation Of The East Bay Regional Private Sewer Lateral Program
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote:
17 Subject: Call For 2011 Special Election From: Office Of The City Administrator 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 November 15, 2011
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Nadel, to Approved As Amended On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the July 19, 2011 meeting to set the date for a Special Election for November 15, 2011. The motion carried by the following vote:
18 Subject: Port Of Oakland - 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 Execute A Cost Sharing Agreement Among The Redevelopment Agency, The City And The Port Of Oakland For The Development Of Infrastructure Including Public Utilities And Public Streets On The Former Oakland Army Base; And
ORA 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:
10-0703-1 2) A Resolution Authorizing The City Administrator To Execute A Cost Sharing Agreement Among The City, 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
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 accepting the revisions to Attachment B, Page 6, Part D Section 202 that presents a new formula with adjustments on a rorated basis. 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
Untitled item
Untitled item
Untitled item
Untitled item
Passed The Consent Agenda
Untitled item
Untitled item

Report an issue with this page