Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, November 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:
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: Restorative Justice Day And Week From: Councilmember Nadel Recommendation: Adopt A Resolution Declaring The Week Of November 14, 2011 Restorative Justice Week And November 15, 2011 Restorative Justice Day In The City Of Oakland And Recognizing The Work Of Restorative Justice Leaders And Practitioners Throughout The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote:
APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF November 1, 2011.
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: 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.
7.2 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 Human Immunodeficiency Virus (“HIV”)/Acquired Immunodeficiency Syndrome ("AIDS") Epidemic
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.3 Subject: Library Advisory Commission Appointment - Gonzales From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Shanthi Gonzales As A Member Of The Library Advisory Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.4 Subject: Budget Advisory Committee Appointment - Nye From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Re-Appointment Of Bruce Nye To The Budget Advisory Committee
City Resolution
7.5 Subject: University Of Michigan Proposal 2 - Amicus Brief From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing The City Attorney, On Behalf Of The City Of Oakland, To Join In An Amicus (Friend Of The Court) Brief In The United States Court Of Appeals For The Sixth Circuit Case Of Coalition To Defend Affirmative Action, Et Al., V. Regents Of University Of Michigan (Case Nos. 08-1387/1389/1534/09-111) Asking The Court To Affirm The Decision Of A Three-Judge Panel Invalidating Michigan's Proposal 2, Which Liked California's Proposition 209 Prohibits Consideration Of Race Or Gender In Public Employment, Education And Contracting
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Settlement Agreement - Wadley And Schultz From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Renee E. Wadley V. Kevin Schultz, Et Al., Alameda County Superior Court Case No. RG10529060, City Attorney's File No. 27605, In The Amount Of Fifty-Five Thousand Dollars ($55,000.00). (PWA - Trip & Fall)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Settlement Agreement - Dickerson From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Desmond Dickerson V. City Of Oakland, Et Al., United States District Court No. C-10-00435-JSW, Our File No. 2644, In The Amount Of $22,000.00 (Oakland Police Department - Excessive Force)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Contract Award - Sanitary Sewers Rehabilitation From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Pacific Trenchless, Inc. The Lowest Responsive And Responsible Bidder, For The Rehabilitation Of Sanitary Sewers In The Easement Between Moore Drive And Aitken Drive, Easement Between Saroni Drive And Arrowhead Drive, And Easement Between Glencourt Drive And Homewood Drive (Project No. C329125) In Accord With Plans And Specifications For The Project And Contractor's Bid In The Amount Of Two Hundred Fifty-three Thousand Six Hundred Four Dollars ($253,604.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Contract Increase - 12th St Reconstruction Project From: Public Works Agency Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal ("RFP") Selection Requirement And Authorizing The City Administrator To Amend The Contract With Rajappan & Meyer Consulting Engineers, Inc. To Add Additional Design And Engineering Services For The 12th Street Reconstruction Project And To Increase The Contract From Five Million Eight Hundred Thousand Dollars ($5,800,000.00) To A Total Contract Amount Not-to-Exceed Six Million Eighty Thousand Dollars ($6,080,000.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Contract Increase - 10th St Bridge Project From: Public Works Agency Recommendation: Adopt A Resolution Waiving The Request For Proposal ("RFP") Competitive Selection Requirement And Authorizing The City Administrator To Amend The Contract With Rajappan & Meyer Consulting Engineers, Inc. To Add Additional Design And Engineering Services For The 10th Street Bridge Project And To Increase The Contract From One Million Two Hundred Thousand Dollars ($1,200,000.00) To A Total Contract Amount Not-to-Exceed One Million Six Hundred Thousand Dollars ($1,600,000.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Contract Award - Sanitary Sewers Rehabilitation From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To B-Side, Inc. The Lowest Responsive And Responsible Bidder, For The Rehabilitation Of Sanitary Sewers In The Easement Between Mastland Drive And Ascot Drive (Project No. C329124) In Accord With Plans And Specifications For The Project And Contractor's Bid In The Amount Of Two Hundred Thirty-Two Thousand Thirty-Seven Dollars ($232,037.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Revocable And Conditional Permit - 5th And Kirkham From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting Oakland Housing Investors LP A Revocable And Conditional Permit To Allow Electrical Transformers And Concrete Vaults To Encroach Under The Public Sidewalk Along 5th Street And Kirkham Street For A New Building Located At 1396 5th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: West Bay Builders Contract Award - Coliseum Way Bridge From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To West Bay Builders, Inc., The Lowest, Responsive, Responsible Bidder, For The Seismic Retrofit Of Coliseum Way Bridge (Project No. C346810), In Accord With The Project Plans And Specifications And The Contractor's Bid In The Amount Of Two Million Four Hundred Forty Nine Thousand Three Hundred Sixty-Two Dollars And Eighty-Four Cents ($2,449,362.84)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Phoenix Electric Contract Award - Lakeshore/Lake Park Avenue From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Phoenix Electric, The Lowest Responsive And Responsible Bidder, For The Construction Of The Lakeshore/Lake Park Avenue Complete Streets Project (Project Nos. C390010, C390030, C242315) In Accord With The Project Plans And Specifications And The Contractor's Bid In The Amount Of Eight Hundred Forty-Six Thousand, Three Hundred And Thirty-Six Dollars ($846,336.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.15 Subject: Salary Ordinance Amendments - New FTE From: Department Of Human Resource Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. ("Salary Ordinance") To Add The Full Time Equivalent Classifications Of Forensic Technician; Outreach Developer; Treasury Analyst I; And Treasury Analyst II; And To Change The Title Of Treasury Analyst To Treasury Analyst III And Increase The Salary Schedule For The Retitled Treasury Analyst III Classification
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made 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 December 6, 2011 meeting. The motion carried by the following vote:
7.16 Subject: Rockridge BID - Annual Assessment From: Community And Economic Development Agency Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2012/2013 For The Rockridge Business Improvement District, Approving The Annual Report Of The Rockridge Business Improvement District Advisory Board, And Scheduling A Public Hearing For December 6, 2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Montclair BID - Annual Assessment From: Community And Economic Development Agency Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2012/2013 For The Montclair Business Improvement District, Approving The Annual Report Of The Montclair Business Improvement District Advisory Board, And Scheduling A Public Hearing For December 6, 2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.18 Subject: Rent Adjustment Program Amendment From: Community And Economic Development Agency Recommendation: Adopt A Resolution Approving An Amendment To The Rent Adjustment Program Regulations Revising Regulation 10.2.2 (3) (Appendix A) Regarding Justifying Rent Increases For Capital Improvements To Correct Hazardous Or Uninhabitable Conditions
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.19 Subject: Justice Assistance Grant From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Six Hundred And Seventy Four Thousand Five Hundred And Ninety Two Dollars ($674,592) From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Local Program For The Period Of July 1,2011 Through June 30, 2012 To Supplement Frontline Policing Services, And Appropriate Said Funds To The Police Department
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.20 Subject: Sole-Source Contract - Crossroads Software From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee To 1) Waive The Advertising And Bidding Requirements And The Request For Proposal/Qualifications Process And 2) Award A Professional Service Contract To Crossroads Software, Inc. For The Online Dissemination Of Traffic Collision Reports For The Period December 1, 2011 Through December 31, 2014 With No More Than Two Discretionary One-Year Extensions
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: COPS Hiring Recovery Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing the City Administrator, On Behalf of the City of Oakland, to Accept And Appropriate Grant Funds from the U.S. Department of Justice, Office of Community Oriented Policing Services (USDOJ/COPS) COPS Hiring Recovery Program (CHRP) To the Oakland Police Department to Fund the Hiring of Twenty-Four (24) Police Officers; On The November 8, 2011 Public Safety Committee Agenda
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

the report of the City Attorney of final decisions made during closed session and no non-confidential closed session discussion.
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: Moratorium On Second Hand Dealers From: President Pro Tempore De La Fuente Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Interim Ordinance, Adopted As An Urgency Measure Pursuant To California Government Code Section 65858, Establishing A Temporary Moratorium On The Establishment Or Expansion Of Businesses Engaged In And/ Or Conducting Buying, Selling, And/Or Exchanging Old Gold, Old Silver, Platinum Or Articles Of Platinum, Silverware, Secondhand Jewelry Or Other Precious Metals Or Stones (Secondhand Jewelry Dealers), To Take Effect Immediately Upon Adoption
Ordinance
Action: Approved for Final Passage Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Schaaf, that this matter be Approved for Final Passage. The motion carried by the following vote:
9.2 Subject: West Oakland Redevelopment Project Implementation Plan From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Authorizing A One-Year Extension Of The Project Area Committee For The West Oakland Redevelopment Project To November 18, 2012
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:
9.3 Subject: Mills Act Contracts - Trestle Glen And 16th From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Approving Two (2) Mills Act Contracts Between The City Of Oakland And The Properties At 850 Trestle Glen Road (Estimated - $1,885/ Property Tax Reduction), And 510 16th Street (Estimated - $7,838/year Property Tax Reduction), Pursuant To Ordinance No. 12987 C.M.S., To Provide These Owners With Property Tax Reductions In Exchange For Their Agreement To Repair And Maintain Their Historic Property In Accordance With Submitted Work Programs
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:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
THIS NUMBER INTENTIONALLY NOT USED
11 Subject: Cure And Correct - Port Commission Appointments From: Member Of The Public - Sanjiv Handa Recommendation: Hearing Pursuant To Oakland Municipal Code Section 2.20.270(D) To (A) Consider Whether To "Cure And Correct" An Alleged Violation Of The Sunshine Ordinance Resulting From Complaints That All Public Speakers Were Not Given An Opportunity To Speak Before Council Passed A Motion Appointing Victor Uno And Jakada Imani To The Port Board Of Commissioners At The Council's October 18, 2011 Meeting; And (B) If So, Whether To Affirm Or Supersede The Challenged Action After First Taking Public Testimony
Report and Recommendation
Action: Approve as Submitted Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Kaplan, to Approve as Submitted. The motion carried by the following vote:
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: Withdrawn and Rescheduled
13 Subject: Oakland Army Base Demolition And Remediation Contracting From: Council President Reid And Vice Mayor Brooks Recommendation: Adopt An Ordinance Amending Ordinance 12389 C. M. S. To Add Local And Small Local Business Contracting Requirements To Oakland's Local And Small Local Business Enterprise Program Specific To The Demolition And Remediation Carried Out At The Oakland Army Base
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made by Vice Mayor Brooks, 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 December 6, 2011 meeting in accordance with the amendments approved November 1, 2011. The motion carried by the following vote:
14 Subject: Parameters Of Mayor's Authority - Oaths Of Office From: Member Of The Public - Sanjiv Handa Recommendation: Receive A Report From The City Attorney On The Legal Authority Of The Mayor To Administer Oaths Of Office And Consideration Of Creating A City Council Policy On The Parameters Of The Mayor's Exercise Of Any Such Authority
Report and Recommendation
Action: No Action Taken
15 Subject: Fire Chief Salary Adjustment From: Department Of Human Resources Management Recommendation: Adopt A Resolution In Conformance With The Requirements Of Ordinance No. 12918 C.M.S. To Authorize The City Administrator To Approve An Initial Salary For The Position Of Director, Fire Services Agency (Fire Chief) That Exceeds The Mid-Point, And Not To Exceed The Top Of The Salary Range Of $211,382 Annually And Temporarily Adjusted To $194,196 Annually To Reflect An 8.85% Reduction For Fiscal Year 2011-2012
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
16 Subject: 2010 Raiders Ticket Surcharge From: Office Of Parks And Recreation Recommendation: Adopt A Resolution Decreasing Estimated Revenue And Offsetting Expenditures From The 2010 Raiders Ticket Surcharge To Reflect Actual Revenues Collected And Authorizing A Transfer Of $136,665.54 Which Is The Actual Revenue Collect From The Non-Departmental Citywide Activities Budget To The Office Of Parks And Recreation Budget To Benefit Citywide Youth Activities
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:
17 Subject: Small Local Business Enterprise Program From: Department Of Contracting And Purchasing Recommendation: Discussion And Action On A Report To: (1) Adopt Changes To The City Of Oakland's Local And Small Local Business Enterprise (L/SLBE) Program, As Recommended By The Fairness In Purchasing and Contracting Disparity Study
Report and Recommendation
Action: * Withdrawn and Rescheduled
09-1651 Subject: Small Local Business Enterprise Program From: Department Of Contracting And Purchasing Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Amending Ordinance No. 12389 C. M. S., Which Authorized Oakland's Local And Small Local Business Enterprise (L/SLBE) And Other Social Equity Policies, Revising The L/SLBE Program To Change Business Size Standards, Local And Small Local Business Participation Requirements, Establish New Small Business Categories, Add Bid Discounts And Preference Points And Establish Mandatory And Optional Prequalification Processes For Oakland Certified Small Local Businesses (Preferred Small Local Business Program
Ordinance
Action: * Withdrawn and Rescheduled
18 Subject: Pacific Renaissance Settlement - Payment Timeline Extension From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Amending City Resolution Nos. 80841 And 82505 C.M.S., Which Authorized Settlement Of The Pacific Renaissance Plaza Lawsuit, To Amend The Affordable Housing Agreement To Extend The Timeline For Repaying The City's Legal Costs By Five Years, And Provide For Partial Upfront Payment Of $1,000,000 Towards Repayment Of The City's Legal Expenses
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:
11-0116-1 2) An Agency Resolution Amending Agency Resolution Nos. 2007-71 And 2010-11 C.M.S., Which Authorized Settlement Of The Pacific Renaissance Plaza Lawsuit, ' To Amend The Affordable Housing Agreement To Extend The Timeline For Repaying The City's Legal Costs By Five Years, And Provide For Partial Upfront Payment Of $1,000,000 Towards Repayment Of The City's Legal Expenses
ORA 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:
19 Subject: Amending The Dark Sky Ordinance From: Vice Mayor Desley Brooks Recommendation: Receive A Report From The Public Works Department In Coordination With The Oakland Police Department Evaluating The Lighting Levels In East And West Oakland Crime Hot Spots; And Authorization To Increase Lighting In Those Areas Where Lighting Is Found To Be Lower Than The City's Lighting Standards And/Or Where The Police Department Deems Additional Lighting Is Warranted
Report and Recommendation
Action: Approve with the following amendments Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Kaplan, that this matter be Approve with the following amendments correcting the subject line to clarify that no changes will be made to the Dark Skies "Ordinance" and accepting the changes from the November 8, 2011 Public Safety Committee accordingly: to approve the Hot Spot Lighting Program in concept and direct staff to continue their conversation with the California Energy Commission to provide an analysis of potential savings from PG&E LED turnkey program and our current sodium based lighting program which could provide the monies for repayment and bring all of this information back in one month along with staff's recommendations for additional locations for lighting installations and identification of a funding source in December of 2011 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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