Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, December 6, 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: Commending Morrie Turner From: Councilmembers Schaaf And Nadel Recommendation: Adopt A Resolution Commending Morrie Turner For His Many Years Of Communicating Through His Drawings Of "Wee Pals" Characters
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: Honoring Steve Bullivant From: President Pro Tem De La Fuente Recommendation: Adopt A Resolution Honoring Steve Bullivant For 28 Years Of Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement
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. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT AND SPECIAL MEETINGS OF November 1, 3 and 15, 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 Human Immunodeficiency Virus ("HIV")/Acquired Immunodeficiency Syndrome ("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: Coliseum Authority Board Appointment From: Council President Reid Recommendation: Adopt A Resolution Reappointing Desley Brooks, Ignacio De La Fuente, And Yui Hay Lee As Members Of The Oakland-Alameda County Coliseum Authority Board Of Commisioners And Appointing Aaron Goodwin As A Member Of The Oakland-Alameda County Coliseum Authority Board Of Commissioners [TITLE CHANGE]
City Resolution
Action: Withdrawn and Rescheduled Passed

This Matter was Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the December 20, 2011 meeting 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: 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 for Final Passage Passed

A motion was made that this matter be Approved for Final Passage. The motion carried by the following vote:
7.6 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 for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.7 Subject: Younger - Settlement Agreement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Pearl Younger V. City Of Oakland, Et Al., Alameda County Superior Court Case No. RG10541304, City Attorney's File No. 27464, In The Amount Of Twenty Thousand Dollars ($20,000.00) (PW-Trip And Fall)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Citywide Vacanies/Status Updates ("Golden Handshake") From: Department Of Human Resources Management Recommendation: Receive A Quarterly Report On Citywide Vacancies And A Status Update On Positions Vacated Under The 2009 CalPERS Two Years Additional Service Credit Retirement Incentive Program ("Golden Handshake")
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
7.9 Subject: Contract Extension - Townsend Public Affairs From: Office Of The Mayor Recommendation: Adopt A Resolution (A) Waiving The Competitive Request For Proposal/Request For Qualifications (“RFP/RFQ”) Selection Requirement, And (B) Amending And Extending The Townsend Public Affairs' State Lobbyist Contract For The Period From October 31, 2011 Through October 31, 2012, For A Contract Total Amount Of One Hundred Thirty Thousand Dollars ($130,000.00), With An Option To Extend The Contract Thereafter On A Month-To-Month Basis For Up To A Six Month Period Until April 31, 2013, At The Rate Of Ten Thousand, Eight Hundred Thirty-Three Dollars And Thirty-Three Cents ($10,833.33.00) Per Month, For A Grand Total Not-To-Exceed Contract Amount Of Five Hundred Eighty Five Thousand Dollars ($585,000.00) (TITLE CHANGE)
City Resolution
Action: Withdrawn and Rescheduled Passed

This Matter was Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the December 20, 2011 meeting on the Consent Agenda.
7.10 Subject: Professional Services Agreement - Kennedy And Associates From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing A Waiver Of The Advertising And Request For Proposal/Qualifications Process And A Request To Authorize The Agency Administrator To Negotiate And Execute An Amendment To The Professional Services Agreement With Kennedy And Associates To Increase The Contract By An Amount Not To Exceed One Hundred Fifty Thousand Dollars ($150,000) For A Total Contract Amount Of Three Hundred Thousand Dollars ($300,000) For Additional Civil Engineering Services For The Former Oakland Army Base Project; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
11-0085-1 2) A Resolution Authorizing A Waiver Of The Advertising And Request For Proposal/Qualifications Process And A Request To Authorize The City Administrator To Negotiate And Execute An Amendment To The Professional Services Agreement With Kennedy And Associates To Increase The Contract By An Amount Not To Exceed One Hundred Fifty Thousand Dollars ($150,000) For A Total Contract Amount Of Three Hundred Thousand Dollars ($300,000) For Additional Civil Engineering Services For The Former Oakland Army Base Project
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Replacement Housing Plan - California Hotel From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Approving The Replacement Housing Plan For The California Hotel Project, And Amending Agency Resolution No. 2003-54 C.M.S. To Exempt The California Hotel Project From The Agency's Replacement Housing Policy For Single Room Occupancy Units
ORA Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
11-0074-1 2) An Agency Resolution Amending Agency Resolution No. 2011-0010 C.M.S. To Allow A Portion Of The Agency Loan To The California Hotel Project To Be Used To Establish A Trust Account In The Amount Of $1.5 Million For An Operating Reserve; And
ORA Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
11-0074-2 3) A Resolution Amending Resolution No. 83252 C.M.S. To Change The Source Of Funds For A Portion Of An Affordable Housing Development Loan In An Amount Not To Exceed $3,168,000 To The East Bay Asian Local Development Corporation For The California Hotel Project From HUD Home Funds To HUD Neighborhood Stabilization Funds And State Of California Local Housing Trust Fund Program Funds
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
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 Kaplan, seconded by Councilmember Kernighan, to Approve as Submitted the report of the City Attorney of 1 final decision made during closed session and no non-confidential closed session 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: 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) A 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 President Pro Tempore De La Fuente, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
11-0145-1 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: No Action Taken
11-0145-2 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: No Action Taken
9.2 Subject: Assessment Of Liens - Transient Occupancy Taxes From: Finance And Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes 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 Transient Occupancy Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 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 Kaplan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
11-0144-1 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 Transient Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 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: No Action Taken
11-0144-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Transient Occupancy Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code
City Resolution
Action: No Action Taken
9.3 Subject: Delinquent Business Taxes From: Finance And Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes 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 Kaplan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
11-0143-1 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: No Action Taken
11-0143-2 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: No Action Taken
9.4 Subject: Delinquent Real Property Transfer Taxes From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes 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: 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:
11-0142-1 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: No Action Taken
11-0142-2 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: No Action Taken
9.5 Subject: Montclair Business Improvement District Assessments From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Annual Report Of The Montclair Business Improvement District Advisory Board And Levying The Annual Assessment For The Montclair Business Improvement District For Fiscal Year 2012/2013
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Schaaf, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
9.6 Subject: Rockridge Business Improvement District Assessments From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Annual Report Of The Rockridge Business Improvement District Advisory Board And Levying The Annual Assessment For The Rockridge Business Improvement District For Fiscal Year 2012/2013
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:
9.7 Subject: Mobile Food Vending Pilot Program From: Councilmembers Brunner And Kaplan Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) A Resolution To Direct Staff To Develop A Pilot Special Permitting Process For Limited Mobile Vending Events In Districts 1, 2, 3 And 4 That Will Sunset Upon The Adoption Of A Comprehensive Mobile Food Vending Policy
City Resolution
Action: Adopted Passed

A motion was made, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
11-0081-1 Subject: Mobile Food Vending Pilot Program From: Councilmembers Brunner And Kaplan Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Establishing Interim Regulations For Permitting Mobile Food Vending Group Sites Within A Limited Area Of The City Of Oakland Defined, In Part, By City Council Districts 1,2,3, And 4. The Interim Regulations Contained Herein Shall Remain In Place And Be Effective Through January 1, 2013.[TITLE CHANGE] ; And
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Kaplan, 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 20, 2011 meeting include language accordingly: - the interim regulations shall remain in effect through January 1, 2013 and only at that time shall they transition into the permanent regulations to be adopted by Council; - the 100 feet separation requirement from existing restuarants shall include quick-service or fast food restuarants - Mobile food vending operating times shall be limited to 4 hours per event. - Business Improvement Districts or Community Benefit Districts must consent to proposed events within their boundaries prior to staff approval being granted. - in section 5.51.070(D) to require notice to the public before sites are approved Incorporation of the following 3 bullets on the staff slide presentation: - Modify the frequency limitation ont eh iterim Group Site Permits to no more than two dates per week for the duration of the interim program - Eliminate cap on total number of event dates per Group Site Permit - Allow Group Site Organizers to specifify all requested event dates during one visit to CAO and requesting a legal opinion from the City Attorney to address the issue of the Oakland vendors The motion carried by the following vote:
11-0081-2 2) An Ordinance Amending The Master Fee Schedule (Ordinance No. 13024 C.M.S. As Amended) To Establish An Interim Food Vending Group Site Application Fee, Notification Fee And Permit Fee
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Kaplan, 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 20, 2011 meeting. The motion carried by the following vote:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
THIS NUMBER INTENTIONALLY NOT USED
11 Subject: Two Tier Retirement Amendment From: Office Of The City Attorney Recommendation: Adopt An Ordinance Repealing Ordinance No. 13904 C.M.S. Which Authorized An Amendment To The Contract Between The City Of Oakland And The Board Of Administration Of The California Public Employees' Retirement System ("PERS") That Among Other Things, Would Establish A Different Level Of Retirement Benefits And Change The Definition Of "Final Compensation" For City Employees The City Hires For The First Time After The Effective Date Of The Contract
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Kaplan, 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 20, 2011 meeting. The motion carried by the following vote:
12 Subject: Brooklyn Basin Development Project From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City To Accept And Appropriate A Grant Of Up To Ten Million Dollars ($10,000,000-00) From The State Of California Natural Resources Agency, Department Of Water Resources, For Improvements Of The Existing Shoreline Within The Brooklyn Basin; And Authorizing The City Administrator Or Designee To Designate Oakland Harbor Partners (OHP) As The Primary Sub-Grantee And To Authorize The City Administrator To Work With Oakland Harbor Partners To Secure The Grant, Utilize The Funding To Meet The Reporting And Contracting Requirements Of The State And The Development Agreement
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Schaaf, that this matter be Adopted as Amended to amend the 2nd to last Further Resolved to add: "in place at the time the agreement is executed" The motion carried by the following vote:
13 Subject: Cash Management Report From: Finance And Management Agency Recommendation: Receive The Cash Management Report For The Quarter Ended September 30, 2011
Informational Report
Action: Received and Filed Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Kaplan, that this matter be Received and Filed. The motion carried by the following vote:
14 Subject: Contract Increase - VMA Security From: Office Of Contracting And Purchasing Recommendation: Adopt A Resolution Authorizing The City Administrator To Increase The Amount Of The Emergency Security Services Contract With VMA Security Or Other Security Services Provider(S) For The Provision Of Security Services As Needed At Frank Ogawa Plaza And Other Facilities In An Amount Not To Exceed Five Hundred Forty Five Thousand Dollars ($545,000)
City Resolution
Action: Denied Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Brunner, that this matter be Denied - DEFUNCT. The motion carried by the following vote:
15 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: Adopted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
16 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: Approve with the following amendments Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Schaaf, that this matter be Approve with the following amendments set the maximum points at 12.5 with 5 points maximum for local contractors; years in Oakland at 2.5 points; Oakland Resident workforce 5 points maximum, 2) Eliminate new hire points, 3) Waive subcontracting requirements for prime contractors that are 100% local for professional services contracts only; and 4) approve recommendation from the staff report regarding the pilot program. The motion carried by the following vote:
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: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Schaaf, 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 20, 2011 meeting set the maximum points at 12.5 with 5 points maximum for local contractors; years in Oakland at 2.5 points; Oakland Resident workforce 5 points maximum, 2) Eliminate new hire points, 3) Waive subcontracting requirements for prime contractors that are 100% local for professional services contracts only; 4) Add pre construction to page 5 of the ordinance; 5) Add recommendation 8 from staff report stating pilot program in the ordinance; 6) ensure current SBA requirements are required within the ordinance. The motion carried by the following vote:
09-1651-2 2) An Ordinance Amending Oakland Municipal Code Title 2, Chapter 2.04, Purchasing System, To Authorize A Pre-Qualification Process And Mandatory And Optional Preferred Small Local Business Programs For The Purchase Of Preconstruction And Other Professional Services And Construction Services)
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kernighan, 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 December 20, 2011 meeting. The motion carried by the following vote:
17 Subject: General Obligation Refunding Bonds From: Finance And Management Agency Recommendation: Adopt A Resolution Authorizing The Issuance And Sale Of Not To Exceed $95,000,000 Aggregate Principal Amount Of City Of Oakland General Obligation Refunding Bonds, Series 2012; Prescribing The Terms Of Sale Of Said Bonds; Approving The Form Of And Authorizing The Execution And Delivery Of A Fiscal Agent Agreement, Escrow Agreement, Continuing Disclosure Certificate And Bond Purchase Contract; Approving The Form Of And Authorizing The Distribution Of A Preliminary Official Statement And Authorizing The Execution And Delivery Of An Official Statement; And Authorizing Necessary Actions Related Thereto
City Resolution
Action: Adopted as Amended Passed

A motion was made by Vice Mayor Brooks, seconded by Councilmember Kaplan, that this matter be Adopted as Amended to amend the resolution to set the interest rate cap at 5%. The motion carried by the following vote:
18 Subject: Building Services-Priority Improvement From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving A Report From The City Administrator Implementing Building Services Division (“BSD”) Priority Improvement Items In Response To The Motion Of The City Council Adopted At The September 20, 2011 City Council Meeting, Including Neutral Appeals Process For Code Enforcement Appeals, Discontinuing Prospective Code Enforcement Liens, Revising Conflict Of Interest Policy For Outside Employment For The BSD, And Conducting An Further Investigation Of BSD, And Approving A Requirement To Rebid Change Orders Above Ten Percent For Certain BSD Contracts In Excess Of $2,500 And Adopting An Amnesty Program For Certain BSD Penalties And Interest; And
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Brunner, that this matter be Adopted as Amended to amend the resolution to change the maximum amount of change order from $2,500 to $1,000. The Committee further directed staff to add a $1000 per day fine as a penalty for commercial and industrial code violations and to develop a policy that requires a City staff member to disclose any outside work that may be related to his/her position at the City to avoid a conflict of interest. The motion carried by the following vote:
11-0137-1 2) A Resolution Creating A Building Services Improvement Advisory Task Force, Setting Procedures And Criteria For Appointment, And Providing The Terms And Responsibilities Of The Advisory Task Force Members
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:
19 Subject: Agreement - Building Services Management Review From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Negotiate And Execute An Amendment To An Agreement With Management Partners, Inc. For The Management Review Of The Building Services Division Within The Community & Economic Development Agency For A New Total Not To Exceed $185,000; 2) Waive The Competitive Procurement Process For This Agreement; And 3) Waive Local And Small Local Business Enterprise Requirements
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Kaplan, that this matter be Adopted. 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
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Passed The Consent Agenda
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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

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