Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Tuesday, January 17, 2012 · 5:30 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Pledge of Allegiance
Roll Call / ORA & Council
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: National Blood Donor Month From: Councilmember Brunner Recommendation: Adopt A Resolution Proclaiming The Month Of January As "National Blood Donor Month" For Oakland And Urging All Citizens To Pay Tribute To Those Among Us Who Donate For Others In Need
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: Press Room Reopening From: Council President Larry Reid Recommendation: Adopt A Resolution Re-Opening The Press Room Located On The First Floor Of City Hall (1 Frank Ogawa Plaza, Oakland, California 94612) And Naming The Press Room As The Sanjiv Handa City Of Oakland Press Room (In His Memory)
City Resolution
Action: Adopted Failed

A motion was made by Vice Mayor Brooks, seconded by President of the Council Reid, that this matter be Adopted. The motion failed by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF December 20, 2011

Action: Approve as Submitted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Kaplan, 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: Authorizing Sale Of 319 Chester Street From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Authorizing The Sale Of A City-Owned Parcel At 319 Chester Street To The Alliance For West Oakland Development For The Purchase Price Of $94,000.00, Authorizing Seller Financing For The Purchase Price, Authorizing A $400,000.00 Construction Loan, And Authorizing A Disposition And Development Agreement With The Developer To Develop The Parcel With A Two-Family Home
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10-0096-1 2) An Ordinance, As Recommended By The City Planning Commission, Rezoning From Open Space/Active Minipark (.OS-AMP) To Mixed Housing Type Residential (Rm-2) The Property At 319 Chester Street, Oakland Ca. (Case No. RZLLl-053; APN 004-0103-035-00)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.4 Subject: Settlement Agreement - OUSD From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Oakland Unified School District In The Amount Of $89,000.00 As A Result Of Property Damage Sustained Due To A Sewer Back Up And Spill On November 11, 2010 (Public Works - Maintenance Services)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 Subject: Settlement Agreement - Pamer Town Car Service From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Property Damage Claim Of Scottsdale Insurance Company As Subrogee Of Pamer Town Car Service, In The Amount Of $12,831.38, As A Result Of Property Damage Sustained In A Traffic Collision With A City Vehicle On June 23, 2011. (Oakland Fire Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Settlement Agreement - Ayrault From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Bonnie Ayrault V. City Of Oakland, Alameda County Superior Court Case No. RG11-555472 In The Amount Of $142,000.00 As A Result Of A Trip And Fall Accident On 16th Street & Telegraph Avenue. (Office Of Public Works - OPW)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Change Order Limit Increase - 12th St Reconstruction Project From: Public Works Agency Recommendation: Adopt A Resolution Waiving Advertising And Competitive Bidding And Increasing The Change Order Limit For The Contract With McGuire & Hester For The 12th Street Reconstruction Project (Project No. C241610) From Ten Percent To Twenty Percent Of The Original Contract Amount For A Total Contract Amount Not-To-Exceed Thirty-Eight Million Four Hundred Forty-Three Thousand Seven Hundred One Dollars And Seventy-Seven Cents ($38,443,701.77)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
8 Oral Report of Final Decisions Made During Closed Session & Disclosure of Non-Confidential closed session discussions

Action: Approve as Submitted Passed

A motion was made by Vice Mayor Brooks, seconded by President Pro Tempore De La Fuente, to Approve as Submitted the report of the City Attorney of no final decisions 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: Emergency Interim Ordinance - Demolition Permits From: Councilmember Jane Brunner Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Emergency Interim Ordinance Amending The Oakland Municipal Code, Chapter 15.36 "Demolition Permits" In Order To Add Restrictions On The Demolition Of A Structure Without A Building Permit For A Replacement Structure, Where The Owner Intends To Create A Vacant Lot
Ordinance
Action: Continued
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 Subject: Measure Y Violence Prevention Strategy Report From: Department Of Human Services Recommendation: Receive A Report And Request For The City Council To Approve Recommendations For Funding Measure Y Violence Prevention Program Strategies And The Request For Proposal Process For The Funding Cycle For Fiscal Years 2012-2015
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. The motion carried by the following vote:
11 Subject: Two Tier Retirement Amendment - Safety 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 City Of Oakland And The Board Of Administration Of The California Public Employees' Retirement System (CalPERS) To: 1) Provide New City Of Oakland Safety Members Different Level Of Benefits (California Government Code Section 20475), 3% At 55 Full Formula And Government Code Section (California Government Code Section 21363.1), Three-Year Final Compensation (California Government Code Section 20037) 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 2) Include For City Of Oakland Fire Members A 4% Employees Cost Sharing Of Additional Benefits For Second Tier Local Fire Members (California Government Code Section 20516) ; And
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
11-0191-1 Subject: Two Tier Retirement Amendment - Safety 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: 1) Provide New City Of Oakland Safety Members Different Level Of Benefits (California Government Code Section 20475), 3% At 55 Full Formula And Government Code Section (California Government Code Section 21363.1), Three-Year Final Compensation (California Government Code Section 20037) 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 2) Include For City Of Oakland Fire Members A 4% Employees Cost Sharing Of Additional Benefits For Second Tier Local Fire Members (California Government Code Section 20516)
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kaplan, seconded by Councilmember Nadel, 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 February 21, 2012 meeting. The motion carried by the following vote:
12 Subject: Parking Grace Period From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Establishing A Five-Minute Grace Period For Parking At Public Pay-And-Display Parking Meters In The City Of Oakland
City Resolution
Action: Withdrawn with No New Date
13 Subject: Broadway Shuttle Agreement Extension From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing An Extension Of An Agreement With AC Transit To Operate the Broadway Shuttle Until December 31, 2013
City Resolution
Action: Withdrawn with No New Date
14 Subject: Zero Waste System Design From: Public Works Agency Recommendation: Adopt A Resolution Adopting The Recommended System Design To Meet The Adopted Zero Waste Strategy - Develop A New Waste Management System Design In Preparation Of Oakland's Next Collection And Disposal Contracts
City Resolution
Action: Adopted Passed

A motion was made, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote:
15 Subject: 16th Street Train Station Matching Funds From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing An Owner Participation Agreement With The 16th Street Train Station LLC To Grant Up To $1,300,000 In Matching Funds For Phased Improvements To The Historic 16th Street Train Station, Including Improvements To The Baggage Wing
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by President of the Council Reid, 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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