Concurrent Meeting of the Oakland Redevelopment Successor Agency / City Council / Geologic Hazard Abatement District Board

Tuesday, June 21, 2016 · 5:30 PM AM · City Council Chamber, 3rd Floor

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Agenda

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DEFINITION OF TERMS: Consent Item: any action item that a subject matter Committee has forwarded to the full Council with unanimous recommendation for approval and is not controversial, and does not have a high level of public interest as determined by the Rules Committee. Non-Consent Item: any action that a subject-matter Committee has forwarded to the full Council without unanimous recommendation for approval, or having a high level of public interest, or is controversial as determined by the Rules Committee. Action Item: any resolution, ordinance, public hearing, motion, or recommendation requiring official vote and approval of the City Council to be effective. Informational Item: an item of the agenda consisting only of an informational report that does not require or permit Council action.
PLEDGE OF ALLEGIANCE
ROLL CALL / CITY COUNCIL
OPEN FORUM / CITIZEN 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: Honoring Rev. Dr. Jasper Lowery, Jr. From: Council President Lynette Gibson McElhaney Recommendation: Adopt A Resolution Commending Rev. Dr. Jasper Lowery Jr. On His Twenty Years Of Service And Thanking Him For His Dedication To The Community
City Resolution
Action: Adopted Passed

A motion was made by Gibson McElhaney, seconded by Reid, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: Older Americans Month From: Councilmember Gallo Recommendation: Adopt A Resolution Declaring May 2016 As National Older Americans Month
City Resolution
Action: Adopted Passed

A motion was made by Reid, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF JUNE 7, 2016
Informational Report
Action: Received and Filed Passed

A motion was made by Kaplan, seconded by Campbell Washington, that this matter be Received and Filed. 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):
CONSENT CALENDAR (CC) ITEMS:
AT THIS TIME, THE MEETING OF THE OAKLAND AREA/LEONA QUARRY GHAD SHALL BE CONVENED
7.1 Subject: Adoption Of The Leona Quarry GHAD Budget From: Outside Agency Recommendation: Adopt A Resolution Approving The 2016/2017 Annual Budget For The GHAD
City Resolution
Action: Adopted Passed

A motion was made by Reid, seconded by Kaplan, that this matter be Adopted. The motion carried by the following vote:
AT THIS TIME, THE MEETING OF THE OAKLAND AREA/LEONA QUARRY GHAD WILL BE ADJOURNED
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
7.3 Subject: Declaration Of 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
7.4 Subject: Consolidation Of Oakland General Municipal Election With Statewide General Election From: Office Of The City Clerk Recommendation: Adopt An Ordinance Requesting Consolidation Of The City Of Oakland General Municipal Election With The Statewide General Election To Be Held In The City Of Oakland On Tuesday, November 8, 2016
Ordinance
7.5 Subject: Privacy Advisory Commission Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming Appointing Lou Katz, Brian M. Hofer, Will T. Devries, Reem Suleiman, Clint M. Johnson, Saied R. Karamooz And Raymundo Jacquez III As Members Of The Privacy Advisory Commission
City Resolution
This City Resolution was Adopted.
S7.6 Subject: City’s Single Audit For Fiscal Year 2014-15 From: Finance Department - Office of the Controller Recommendation: Receive An Informational Report On The City’s Single Audit For Fiscal Year (FY) 2014-15 As Issued By Macias Gini & O’Connell LLP (“MGO”), The City’s External Auditor
Informational Report
S7.7 Subject: ShoreTel Telephone System Upgrade From: Information Technology Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee To: (1) Procure Hardware, Software, And Professional Services To Replace Existing ShoreTel Handsets And Install Shoretel Telephone Systems In The Oakland Main Library And Police Administration Building For An Amount Not To Exceed One Million Three Hundred Twenty-Five Thousand Dollars ($1,325,000) From The Telephone Equipment And Software Internal Service Fund Balance; (2) Annually/Biennially Appropriate From The Telephone Equipment Internal Service Fund Balance Through The Budget Process, For The Purchase Of Equipment, Maintenance, Professional Services, And Costs Associated With The City’s Telephone, Network And Telecommunication Services; And (3) Waive The Competitive Bidding, Advertising And Request For Proposals/Qualification Process, And Negotiate Agreement(s) With Authorized Vendors For The Above Products And Services For A Period Not To Exceed 5 Years
City Resolution
S7.8 Subject: Fiscal Year 2016-17 Investment Policy And Treasury Designation For ORSA From: Finance Department - Treasury Bureau Recommendation: Adopt A Resolution Adopting The City Of Oakland Investment Policy For Fiscal Year 2016-2017
City Resolution
15-1183 (2) A Resolution Pursuant To Government Code Section 53607 Delegating Investment Authority Of The Oakland Redevelopment Successor Agency To The Agency Treasurer For Fiscal Year 2016-2017
City Resolution
S7.9 Subject: Circleup Education For Diversity and Inclusion Training - Contract Extension From: Human Resources Management Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Extend The Contract With Circleup Education For Diversity And Inclusion Training And Facilitation Services From July 1, 2016 To June 30, 2017, At A Cost Of $51,000 For A Total Contract Amount Not To Exceed $150,000, And Waiving The Competitive Request For Proposals/Qualification Process For The Additional Services
City Resolution
S7.14 Subject: West Oakland Job Resource Center Fiscal Contract From: Economic And Workforce Development Department Recommendation: Adopt A Resolution Authorizing The City Administraftor To: 1) Waive The Advertising, Competitive Bid, And Request For Proposals/Qualifications Process; And 2) Amend The Contract With Urban Strategies Council To Act As The Fiscal Agent For The West Oakland Job Resource Center To Increase The Contract Amount From $155,000 To $212,936 (Previously Amended By Resolutions 85251 C.M.S. And 85661c.M.S.) And To Extend The Termination Date To June 30, 2017
City Resolution
S7.17 Subject: Resolution In Support Of AB 2818 - Property Taxation: Community Land Trust From: Councilmember Kalb Recommendation: Adopt A Resolution In Support Of AB 2818 (Chiu) That Would Require County Tax Assessors To Consider When Valuing Property For Property Taxation Purposes Recorded Affordability Restrictions On Low And Moderate Income Housing Including Community Land Trusts
City Resolution
8 ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION & DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS

Action: Approve as Submitted Passed

This matter was Approve as Submitted the report of the City Attorney that no final decisions were made during closed session.
COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
9.1 Subject: 2400 Valdez Street Appeal From: Planning And Building Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying An Appeal By Oakland Residents For Responsible Development And Thus Upholding The Planning Commission’s Approval Of A Proposal To Construct 225 Dwelling Units Over Approximately 23,000 Square Feet Of Retail Located At 2400 Valdez Street, Oakland CA (Project Case No. PLN 15-336), Including Adopting CEQA Exemptions And An Addendum (Relying On The Previously Certified 2014 Broadway Valdez District Specific Plan EIR)
City Resolution
Action: Adopted as Amended Passed

A motion was made by Reid, seconded by Kalb, that this matter be Adopted as Amended. The motion carried by the following vote:
9.2 Subject: Amendment To The Contract Between The City Of Oakland And The Board Of Administration Of The California Public Employees' Retirement System - Sworn Classic Police From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution On Intention To Approve An Amendment To Contract Between The Board Of Administration California Public Employees' Retirement System And The City Council City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Kaplan, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote:
15-1205 Subject: City Of Oakland/PERS Boards Contract Amendment - Sworn Classic Police From: Finance Department 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 Include A 2% Employees Cost Sharing Of Additional Benefits For Tier I And Tier II Classic Police Members (California Government Code Section 20516)
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 Meeting of the Oakland City Council, to be heard 7/5/2016. The motion carried by the following vote:
9.3 Subject: Assessment of Liens for Delinquent Business Taxes From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1)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 Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Kaplan, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote:
15-1186 2) 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; Or
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
15-1187 3) 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
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
9.4 Subject: Assessment Of Liens - Delinquent Transient Occupancy Taxes From: Finance Department Recommendation: Conduct a Public Hearing And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1)The 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.
City Resolution
Action: Adopted Passed

A motion was made by Reid, seconded by Gallo, that this matter be . The motion carried by the following vote:
15-1189 2) 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; Or
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
15-1190 3) 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
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
9.5 Subject: Assessment Of Liens - Real Estate Property Transfer Taxes From: Finance Department 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 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 Reid, seconded by Gallo, that this matter be . The motion carried by the following vote:
15-1192 2) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Real Estate 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; Or
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
15-1193 3) 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 Estate 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
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
9.6 Subject: Mandatory Garbage Delinquent Fees and Special Assessment Charges From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Accepting And Confirming Reports Of The City Administrator For Delinquent Garbage Service Fees With Administrative And Special Assessment Charges As Necessary Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Special Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Reid, seconded by Gallo, that this matter be Adopted. The motion carried by the following vote:
15-1200 2) 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; Or
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
15-1201 (3) Adopt 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
City Resolution
Action: Not Adopted

This City Resolution was Not Adopted.
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
THIS NUMBER INTENTIONALLY NOT USED
11 Subject: FY 2016-2017 Midcycle Budget Amendments From: Office Of The City Administrator Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Amending The City Of Oakland's Fiscal Year 2015-17 Biennial Budget, Which Was Adopted Pursuant To Resolution No. 85672 C.M.S. On June 30, 2015, To Make Adjustments: (1) Increasing The Fiscal Year 2016-17 Revenue Projection In The General Purpose Fund (GPF); (2) Appropriating Additional Fiscal Year 2016-17 GPF Expenditures; And (3) Increasing Fiscal Year 2016-17 Revenues And Appropriations In Other Non-GPF Funds; And
City Resolution
Action: Adopted as Amended Passed

A substitute motion was made by Councilmembers Brooks, seconded by Councilmember Kaplan to adopt the budget as amended as to the modified proposal of Brooks and Kaplan in the packet, and upon call of the roll the motion tied by Ayes - 4, Noes - 4 Camplbell Washington, Guillén, Kalb, and Reid. Pursuant to Charter Section 200 which requires the Mayor to cast the tie breaking vote on any matters in which the Council is divided, Mayor Schaaf appeared and cast a No vote, resulting in a final vote of Ayes - 4, Noes - 5 Campbell Washington, Guillén, Kalb, Reid, and Mayor Schaaf. The substitute motion failed. A motion was made by Campbell Washington, seconded by Guillén, that this matter be Adopted as amended to the recommendations of staff. The motion carried by the following vote: Ayes 6, Noes - 2, Brooks and Kaplan
15-1067 2) A Resolution Authorizing The Use Of One-Time Revenues And Excess Real Estate Transfer Tax Revenues For Purposes Other Than Those Denoted In The City's Consolidated Fiscal Policy Adopting A Finding Of Necessity, And Describing Prospective Steps To Be Taken To Return To The Prescribed Uses Of Said Revenues
City Resolution
Action: Adopted Passed

A motion was made by Reid, seconded by Kaplan, that this matter be Adopted. The motion carried by the following vote:
12 Subject: Appropriation Limits For FY 2016-2017 From: Office Of The Controller Recommendation: Adopt A Resolution Establishing An Appropriations Limit For Fiscal Year 2016-2017 Pursuant To Article XIIIB Of The California Consititution
City Resolution
Action: Adopted Passed

A motion was made by Gallo, seconded by Reid, that this matter be Adopted. The motion carried by the following vote:
13 Subject: The Analysis Of The Circulating Ballot Measure From: Office Of The City Administrator Recommendation: Receive The Analysis Of The Circulating Ballot Measure Concerning Renter Protections Under The Provisions Of Elections Code Section 9212 And Specifically Including Consistency With the City's Charter And Other Ordinances
Informational Report
Action: Received and Filed Passed

A motion was made by Kaplan, seconded by Reid, that this matter be Received and Filed. The motion carried by the following vote:
15 Subject: Protect Oakland Renters Act Ballot Measure From: Members Of The Public Recommendation: Receive An Informational Report And Give Staff Direction On Next Steps About A Proposed Ordinance (The "Protect Oakland Renters Act") That Would Establish The Composition And Functions Of The Rent Board; Establish Rent Adjustments For Certain Units; And Establish Procedures For Governance Of Rental Units In The City Of Oakland [TITLE CHANGE]
Informational Report
Action: Received and Filed Passed

A motion was made that this matter be Received and Filed. The motion carried by the following vote:
16 Subject: Renter Protection Act of 2016 (Rent and Eviction Ordinance Amendments Ballot Measure) From: Councilmember Rebecca Kaplan Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To The Voters At The November 8, 2016 Statewide General Election Proposed Amendments To The Rent Adjustment Ordinance (O.M.C. Chapter 8, Article I (8.22.100, Et Seq.) (1) To Require Owners Petition For Rent Increases In Excess Of An Annual Allowance; And Proposed Amendments To The Just Cause For Eviction Ordinance (Measure EE (2002), (O.M.C. Chapter 8, Article Ii (8.22.300, Et Seq.) To (2) Modify The New Construction Exemption To Apply To Units Constructed After January 1, 1995, (3) To Require Relocation Payments For Owner-Occupancy Evictions, (4) To Permit The City Council Limited Authority To Modify The Ordinances, And (5) Amending O.M.C. Chapter 8.22 (Rent And Evictions) To Increase Transparency, Including Regular Reports From The Rent Program To The City Council And (6) Removing The Requirement For Council Submission Of Arguments And Provide For Notice And Publication In Accordance With The November 8, 2016 Statewide General Election
City Resolution
Action: Continued Passed

A motion was made that this matter be Continued to the Meeting of the Oakland City Council, to be heard 7/5/2016. The motion carried by the following vote:
S17 Subject: Workforce Development Board FY 2016-17 Budget And Contracts From: Economic And Workforce Development Department Recommendation: Adopt A Resolution (1) Adopting The Fiscal Year 2016-2017 Workforce Investment Budget; (2) Accepting And Appropriating Workforce Innovation And Opportunity Act (WIOA) Title I Formula Funds For Adult, Dislocated Worker, Youth And Rapid Response Services; (3) Authorizing Contracts With Service Providers Competitively Selected By The Oakland Workforce Development Board To Provide Comprehensive, Sector Access, Business Engagement And Youth Services From WIOA Title I Formula Funds For Fiscal Year 2016-2017; (4) Accepting Grant Funds For Fiscal Year 2016-17 From The Bay Area Rapid Transit District For Workforce Development Services In The Amount $43,500; (5) Authorizing The City To Apply For, Accept And Appropriate Grants And Contributions For Workforce Development Services Beyond The WIOA Title I Formula Funding Up To $200,000 With The Approval Of The Oakland Workforce Development Board Without Returning To Council; And (6) Authorizing A Contract With CiviCorps To Provide Youth Services Using Unencumbered Funds From Fiscal Year 2015-16 In The Amount Of $106,864
City Resolution
Action: Adopted Passed

A motion was made by Campbell Washington, seconded by Kalb, 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)
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