Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, October 4, 2011 · 5:30 PM AM · Oakland City Hall, 3rd Floor

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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):
4.1 Subject: United Nations Month From: Councilmember Nadel Recommendation: Adopt A Resolution Declaring October 2011 As "United Nations Month" And October 24, 2011 United Nations Day In The City Of Oakland And Authorizing The City Of Oakland To Serve As An Honorary Sponsor Of The United Nations Anniversary Flag Raising Ceremony
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:
4.2 Subject: Honoring Peralta Elementary School From: Councilmember Brunner Recommendation: Adopt A Resolution Honoring Peralta Elementary School For Being Named A 2011 National Blue Ribbon School Award By The United States Department Of Education
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF September 20, 2011

Action: Approve as Submitted Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, 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: Two Tier Retirement Amendment From: Department Of Human Resources Recommendation: Adopt The Following Pieces Of Legislation: 1) A CalPERS Resolution Of Intention To Approve An Amendment To The Contract Between The Board Of Administration Of The California Public Employees' Retirement System (CalPERS) And The City Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
11-0044-1 Subject: Two Tier Retirement Amendment From: Department Of Human Resources Recommendation: Adopt An Ordinance Of The City Of Oakland To Approve An Amendment To The Contract Between The City Of Oakland And The Board Of Administration Of The California Public Employees' Retirement System (CalPERS) To Provide 1) Section 20475, Different Level of Benefits, Section 21354.4 (2.5% @ 55 Full Formula) And Section 20037 (Three-Year Final Compensation) Applicable To Local Miscellaneous Members Entering Membership For The First Time In The Miscellaneous Classification After The Effective Date Of This Amendment To Contract; 2) Section 20475, Different Level of Benefits, Section 21363.1 (3% @ 55 Full Formula and Section 20037 (Three-Year Final Compensation) Applicable To Local Safety Members Entering Membership For The First Time In the Safety Classification After The Effective Date Of This Amendment To Contract; And (3 To Include Section 20516 (4% Employees Sharing Cost of Additional Benefits) For Second Tier Local Fire Members
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage on the Consent Agenda.
7.4 Subject: Planning Code Amendments From: Community And Economic Development Agency Recommendation: Adopt An Ordinance, Recommended By The Planning Commission, To: 1) Update References, Reducing Redundancy, And Clarifying Language In Various Chapters Of The Planning Code; 2) Conditionally Permit Mini- And Micro- Telecommunications Facilities In Residential Areas Of The Central Business District; 3) Amend Chapter 17.112 Of The Planning Code To Allow Crop Growing As A Home Occupation; 4) Adjust The Sign Regulations In The RU-4 And RU-5 Zones To Be Consistent With Other Zones On The City's Major Transportation Corridors; 5) Create An Interim Combining Zone For The Core Of The Chinatown Commercial Area That Would Broaden The Range Of Allowed Ground Floor Uses; And 6) Improve Consistency Among Chapters And The Maps, Including Making The Zoning Ordinance Text Consistent With The Adopted Height Map For The Area Near Valdez, Harrison And 27th Streets.
Ordinance
Action: * Withdrawn and Rescheduled Passed

This Matter was * Withdrawn and Rescheduled on the Consent Agenda.
7.5 Subject: Central District Urban Renewal Plan From: Community And Economic Development Agency Recommendation: Adopt A City Resolution Adopting Findings In Response To Written Objections To The Adoption Of The Seventeenth Amendment To The Central District Urban Renewal Plan
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
PLEASE NOTE: ALL ITEMS DENOTED WITH AN "S" WERE ADDED PURSUANT TO RULE 28a OF COUNCIL'S RULES OF PROCEDURES, RESOLUTION 82580 C.M.S.
7.6 Subject: Sanitary Sewers Rehabilitation - Contract Award From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Mosto Construction, The Lowest Responsive And Responsible Bidder, For The Rehabilitation Of Sanitary Sewers In The Easement Between Sayre Drive And Paso Robles Drive And The Easement Between Chambers Drive And Saroni Drive (Project No. C329123) In Accord With Plans And Specifications For The Project And Contractor's Bid In The Amount Of One Hundred Sixty-Five Thousand One Hundred Ninety-Eight Dollars ($165,198.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Ray's Electric Contract Award - Street Lighting From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Ray's Electric, The Lowest Responsive And Responsible Bidder, For The State Safe Routes To Schools (SR2S) Cycle 7 Project (City Project No. C357010) In Accordance With Project Plans And Specifications In The Amount Of Three Hundred Eighty-Two Thousand, Seven Hundred Two Dollars ($382,702.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Conditional And Revocable Permit - 1625 Clay Street From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting 1625 Clay LLC A Revocable And Conditional Permit For A Building Located At 1625 Clay Street To Allow An Existing Basement To Encroach Under The Public Sidewalk Along Clay Street And 17th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: City Auditor's Salary From: Office Of The City Auditor Recommendation: Adopt A Resolution Setting The Salary For The Newly Elected City Auditor Of The City Of Oakland Pursuant To The Oakland City Charter, Article IV, Section 403, Effective 2015
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Salary Ordinance Amendments - UK2 Unit Designation From: Department Of Human Resource Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. ("Salary Ordinance") To Change The Bargaining Unit Designation From U31 To UK2 For The Classifications Of Budget Director; Controller; City Attorney, Assistant; Human Resources Manager; And To Change The Bargaining Unit Designation From UMl To UK2 For The Classifications Of Affirmative Action Manager; Risk Manager; Revenue & Tax Administrator; And Treasury Manager
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage on the Consent Agenda.
7.11 Subject: Salary Ordinance Amendments - UM2 Unit Designation From: Department Of Human Resource Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. ("Salary Ordinance") To Change The Bargaining Unit Designation From UMl To UM2 For The Classifications Of City Council Office Administrator; Production Control Parking Supervisor; Recreation General Community Restoration Emergency Coordinator; Computer Operations Emergency Services Manager, Assistant; Supervisor; Supervisor; Planning Supervisor; Financial Analyst, PPT; Recreation Services Manager, Assistant To; Library Automation Supervisor; Recycling Supervisor; Police Program & Performance Auditor; Solid Waste/Recycling Program Supervisor; Volunteer Program Coordinator, Supervising; Environmental Program Supervisor; Chief Conservator; Community Housing Services Manager; Development/ Redevelopment Program Manager; Financial Analyst, Principal; Spatial Data Administrator; City Architect, Assistant; Inspection Services Manager; Librarian, Administrative; Real Estate Service Manager; Support Services Administrator
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Progressive Solutions Contract Extension - Tax Software From: Finance And Management Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Extend The Term Of The Current Contract With Progressive Solutions Inc., (PSI) For An Automated Local Tax System Software Maintenance And Support Services For A Period Of Three Years In An Amount Not To Exceed $100,000 Per Year With Two Optional Annual Extensions For An Amount Not To Exceed 10% Of The Prior Year's Maintenance And Support Services Cost
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Francisco Electric Contract Award - Street Lighting From: Finance And Management Agency Recommendation: Adopt A Resolution Awarding A Contract To Francisco Electric, A Corporation, For The Purchase Of Street Lighting And Traffic Signal Standards In The Annual Amount Not To Exceed Eight Hundred Thirty Five Thousand Dollars ($835,000.00) For The Period Of October 1, 2011 To October 31, 2012 Per Request For Quotation 1773-02, Specification No. 11- 550-85 03 And The General Conditions Therefor On File In The Purchasing Division And According To Contractor's Bid Submitted July 20, 2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: 1111 Broadway - Communications Lease Extension From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Five Year Lease Extension With Two (2) Five Year Options To Renew The Existing Lease For City Owned Communications Equipment Located At 1111 Broadway, With OCC Venture, LLC, A Delaware Limited Liability Company, For An Initial Annual Rent Of $120,000 And A 3% Increase Each Year Thereafter
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: Neighborhood Stabilization Program Funds From: Community And Economic Development Agency Recommendation: Adopt A Resolution Accepting And Appropriating Funds Totaling $2,070,087 From The U.S. Department Of Housing And Urban Development (HUD) Neighborhood Stabilization Program
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: 980 - 8th Street Land Sale From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Sale Of Surplus Vacant Land Containing 9,385 Square Feet Located Adjacent To 980 8th Street, Assessor Parcel Number 004-0007 001-01, To The Abutting Property Owner 5500 Foothill Association, LLC, For The Appraised Value Of $130,000, And Authorizing Seller Financing Of The Transaction
ORA Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Buffer Zone Protection Program Grant Award From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee To: 1) Enter Into A Buffer Zone Protection Program (BZPP) Grant Agreement With The Alameda County Sheriff's Office (ACSO) To Accept And Administer Fiscal Year 2010 Buffer Zone Protection Program (BZPP) Grant Equipment And Supplies For The City Of Oakland Fire And Police Departments, In An Amount Up To One Hundred And Ninety Nine Thousand Eight Hundred And Twenty Dollars ($199,820); And 2) Approve The 2010 BZPP Grant Preliminary Spending Plan Which Would Require That Funds Be Expended For The Purchase Of Hazardous Materials Detection And Monitoring Equipment, Intrinsically Safe Radios And Other Related Haz Mat Equipment, Supplies And Training Related To The BZPP Proposal Which ACSO Will Purchase On Behalf Of The Oakland Fire And Police Departments And Transfer Ownership Of Such Equipment To Oakland Fire And Police Departments Until Such 2010 BZPP Grant Funding Of $199,820, Is Expended Or By January 1, 2013 At The Latest
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.18 Subject: Physio-Control Contract Award - Paramedic Services Equipment From: Oakland Fire Department Recommendation: Adopt Resolution Authorizing The City Administrator Or Her Designee To: 1) Dispense With Advertising And Bidding And Award A Contract To Physio-Control Incorporated To Furnish Cardiac Monitors, Chest Compression Devices, Automatic External Defibrillators, All Necessary Accessories And A Five-Year Lifenet Transmission Subscription, In An Amount Not To Exceed Nine Hundred Seventy-Six Thousand Dollars ($976,000) And Appropriate The Same Amount From Fund Balance For This Purpose, And; 2) Appropriate Additional Fund Balance From The Paramedic Services Act Of 1997 Fund (Measure N) In An Amount Not To Exceed One Million Nineteen Thousand Dollars ($1,019,000) For Equipment Purchase And Delivery Of Program Services In Accordance With The Measure N Preliminary Spending Plan Without Further Council Authorization, Including Purchases, Provided The City's Purchasing Programs And Policies Are Followed
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.19 Subject: Shotspotter Contract Award From: Vice Mayor Desley Brooks Recommendation: Receive A Report Providing An Overview Of The Shotspotter Gunshot Location System and Additionally Provide An Explanation On The Delay In Implemention Of The Shotspotter Gunshot Location System And Adopt A Resolution Authorizing The City Administrator To Enter Into A New Contract With Shotspotter, Inc. For The Implementation Of An Updated Gunshot Location System In The City Of Oakland In An Amount Not To Exceed Eighty-Four Thousand, One Hundred Fifty-One Dollars ($84,151)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.20 Subject: 911 System Upgrade From: Department Of Information Technology Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute Contracts With AT&T To Acquire Necessary Equipment And Services To Upgrade The City Of Oakland's 9-1-1 System Customer Premise Equipment (CPE) And Related Equipment For An Amount-Not-To-Exceed Eight Hundred Thousand Eight Hundred Twenty Dollars And Sixty-Seven Cents ($800,820.67)
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 Kernighan, seconded by Councilmember Schaaf, 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:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 Subject: Consistency Among Building Inspectors From: Councilmembers Brunner And Kaplan Recommendation: Receive An Informational Report And/ Or Action On Recommendations To Require Consistency Among Building Inspectors In Order To Prevent Conflicting Directions To Business And/Or Property Owners
Report and Recommendation
Action: Approve with the following amendments Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Approve with the following amendments as approved and forwarded by the September 27, 2011 Community and Economic Development Committee that directed staff prepare a follow up report that 1) provides training for inspectors regarding identifying blight; 2) implement and consistently enforce a policy preventing a subsequent inspector from overturning a previous inspector's ruling unless it is a "serious safety issue" until the independent 3rd party's report is available; 3) work with the City Administrator's office to identify the agency responsible for enforcing removal of overgrown vegetation identified by Oakland Fire Department; 4) work with the Oakland Fire Department to establish a partnership and coordinate inspections of properties when both OFD and CED inspectors are required, to prevent conflicts and return in January with the Building Services - Grand Jury Compliance Follow Up Report; The motion carried by the following vote:
11 Subject: Mayor's Recess Ratification From: Office Of The City Administrator Recommendation: Adopt A Resolution Ratifying Action Taken By The Mayor During The Oakland City Council 2011 Annual Recess In Conformance With Council's Rules Of Procedures, Resolution No. 82580 C.M.S., Dated March 10, 2010
City Resolution
Action: Withdrawn and Rescheduled
12 Subject: Port Commission Appointments - Uno From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Victor Uno To The Board Of Port Commissioners [TITLE CHANGE]
City Resolution
Action: Continued
13 Subject: Loitering Ordinance From: Council President Reid And President Pro Tem De La Fuente Recommendation: Adopt An Ordinance Adding OMC Chapter 9.58 Prohibiting Loitering In Public For The Purpose Of Engaging In Illegal Drug Activity
Ordinance
Action: Referred
14 Subject: Juvenile Protection Curfew Ordinance From: Council President Reid And President Pro Tem De La Fuente Recommendation: Adopt An Ordinance (1) Adding Article II To Chapter 9.12 Of The Oakland Municipal Code (OMC) To Establish A Juvenile Protection Curfew Program And (2) Amending OMC Section 1.28.020 To Codify The Penalties For Violations Of The Curfew Ordinance , And (3) Repealing Oakland Municipal Code Sections 9.12.020 And 9.12.030 Prohibiting Minors From Loitering In Public Places
Ordinance
Action: Referred
15 Subject: East And West Oakland Gang Injunction From: President Pro Tem De La Fuente Recommendation: Adopt A Resolution Amending The Policy The City Council Adopted On May 17, 2011, Which Policy Precludes Further Gang Injunctions Until The City Conducts A Study Of The Effectiveness Of The Fruitvale And North Oakland Gang Injunctions, To Authorize And Direct The City Attorney And The City Administrator To Evaluate And Bring Back Options To The Council To Initiate Gang Injunction Litigation In East And West Oakland
City Resolution
Action: Referred
16 Subject: Two Tier Retirement Amendment From: Department Of Human Resources Recommendation: Adopt The Following Pieces Of Legislation: 1) A CalPERS Resolution Of Intention To Approve An Amendment To The Contract Between The Board Of Administration Of The California Public Employees' Retirement System (CalPERS) And The City Of Oakland
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:
11-0044-1 Subject: Two Tier Retirement Amendment From: Department Of Human Resources Recommendation: Adopt An Ordinance Of The City Of Oakland To Approve An Amendment To The Contract Between The City Of Oakland And The Board Of Administration Of The California Public Employees' Retirement System (CalPERS) To Provide 1) Section 20475, Different Level of Benefits, Section 21354.4 (2.5% @ 55 Full Formula) And Section 20037 (Three-Year Final Compensation) Applicable To Local Miscellaneous Members Entering Membership For The First Time In The Miscellaneous Classification After The Effective Date Of This Amendment To Contract; 2) Section 20475, Different Level of Benefits, Section 21363.1 (3% @ 55 Full Formula and Section 20037 (Three-Year Final Compensation) Applicable To Local Safety Members Entering Membership For The First Time In the Safety Classification After The Effective Date Of This Amendment To Contract; And (3 To Include Section 20516 (4% Employees Sharing Cost of Additional Benefits) For Second Tier Local Fire Members
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, 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 November 1, 2011 meeting. 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)
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City Resolution
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Passed The Consent Agenda

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