Meeting of the Oakland City Council

Tuesday, March 6, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Passed The Consent Agenda
Pledge of Allegiance
Roll Call / ORA & Council
Open Forum / Citizens Comments (Time Available: 15 minutes)
4 Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.

Action: Approve as Submitted Passed

A motion was made by Councilmember Kernighan, seconded by President of the Council Reid, to Approve as Submitted. The motion carried by the following vote:
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side)
Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.
7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on February 20, 2007

Action: Approve the Minutes Passed

A motion was made by President of the Council Reid, seconded by Councilmember Quan, to Approve the Minutes. The motion carried by the following vote:
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: Women's History Month From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Declaring The Month Of March 2007 "Women's History Month" In The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
8.2 Subject: Brenda Tipton-Gaines Recognition From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Honoring Brenda Tipton-Gaines For 29 Years Of Distinguished Service And Dedication To The City Of Oakland, And Congratulating Her On Her Retirement
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
8.3 Subject: 4th Year Anniversary Of The War On Iraq From: Councilmember Jean Quan and Council President De La Fuente Recommendation: Adopt A Resolution Noting The Fourth Year Anniversary Of The War On Iraq And Its Costs To The City OF Oakland's Social Programs And Sponsoring The March 24th Day To End The War And End The Violence At Home
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1 Subject: Declaration Of A Local Emergency Due To AIDS Epidemic From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis With Regard To The AIDS Epidemic
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.2 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.
10.3 Subject: Limitations On Residential Eminent Domain Authority From: Community And Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Adopting The First Amendment To The Broadway/MacArthur/ San Pablo Redevelopment Plan To Limit The Redevelopment Agency's Eminent Domain Authority Over Residential Property
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: Carol Depasquale - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Carol Depasquale In The Amount Of Sixty Four Thousand Twenty Six Dollars And 34 Cents ($64,026.34), As A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On January 3, 2006. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5 Subject: Kevin Brown - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Kevin Brown, In The Amount Of Sixteen Thousand Seven Hundred Twenty Dollars And No Cents ($16,720.00), As A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On March 16, 2006. (PWA)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.6 Subject: Shamika And Wayne Newman - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Indemnity Contribution Claim Of General Insurance Company Of America/Safeco Insurance Companies (Re: Shamika And Wayne Newman) In The Amount Of Six Thousand Seven Hundred Fifty Dollars And No Cents ($6,750.00), As A Result Of Bodily Injury Damages Sustained In A Trip And Fall Incident By Wayne And Shamika Newman In A City Owned Building On April 8, 2006. (Redevelopment Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.7 Subject: Mary Harvey - 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 Mary Harvey V. City Of Oakland, et al., Superior Court, County Of Alameda, Case No. RG06256879, In The Amount Of $25,000.00 As A Result Of A Trip An Fall Accident At 3711 MacArthur Boulevard, Oakland, On June 11, 2005 (Public Works Agency-Trip And Fall Accident)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.8 Subject: Project Priority Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $15,000 From Councilmember Larry E. Reid's Priority Project Funds To Northern California Compassion Network For The Purchase And Installation Of Walk-In Refrigeration, Additional Shelving And A Forklift
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: Class II Bicycle Lanes On Lakeshore Avenue From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The Installation Of Class II Bicycle Lanes On Lakeshore Avenue By Reducing Travel Lanes From Four (4) Through Lanes To Two (2) Through Lanes And Adding A Continuous Center-Turn Lane Between Harvard/Winsor Roads And Mandana Boulevard
City Resolution
Action: Rescheduled
10.10 Subject: 333 17th Street - Revocable And Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Howden Building Investors LP A Revocable And Conditional Permit To Allow An Existing Basement For A Building At 333 17th Street To Encroach Under The Public Sidewalk Along 17th Street And Webster Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.11 Subject: 1300 Broadway - Revocable and Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Mash Petroleum, Inc., And the Mashhoon Revocable Trust A Revocable And Conditional Permit For A Building At 1300 Broadway To Allow An Existing Basement To Encroach Under The Public Sidewalk Along Broadway and 13th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: 3701 Broadway - Revocable And Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Kaiser Foundation Hospitals A Revocable And Conditional Permit To Allow Soil Shoring For New Buildings At 3701 Broadway To Encroach Under The Public Right-Of-Way Along Broadway and 38th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.13 Subject: 534 Thomas L. Berkley Way - Revocable And Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Buttner Properties, Inc. A Revocable And Conditional Permit To Allow Vaults And Electrical Transformers For A Building At 534 Thomas L. Berkley Way To Encroach Under The Public Sidewalk Along 21st Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: 81st Avenue Public Library Project From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The Acceptance And Appropriation Of A Grant From Stopwaste.Org For The 81st Avenue Public Library Project (Project No. C274410) In The Amount Of Eighty Thousand Dollars ($80,000.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: Year-End Projections For Selected City Funds From: Finance and Management Agency Recommendation: Receive An Informational Report On Fiscal Year 2006-2007 Second Quarter Revenue And Expenditure Results And Year-End Projections For City's Selected Funds (General Purpose, Telecommunications, Equipment And Facilities)
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
10.16 Subject: Solbourne, Inc. - Professional Services Agreement From: Finance and Management Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Professional Services Agreement With Solbourne, Inc., Without A Competitive Request For Proposal/Qualifications Process, To Restore The Critical MASS Change Function To The City's Payroll System In An Amount Not-To-Exceed Seventy Five Thousand Dollars ($75,000.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.17 Subject: Lakeshore/Lake Park Business Improvement District From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving The Annual Reports Of The Lakeshore/Lake Park Business Improvement Management District, The Temescal/Telegraph Avenue Property Business Improvement District Of 2005, And The Laurel Property Business Improvement District Of 2005 Advisory Boards And Confirming The Continuing Annual Assessment For Each District For Fiscal Year 2006/2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: Urban Search And Rescue - FEMA Grant From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Apply For, Accept And Appropriate A Grant From The Federal Emergency Management Agency (FEMA) For The Period June 01, 2007 To September 30, 2008 In The Amount Of Seven Hundred Sixty Nine Thousand Five Hundred Dollars ($769,500) To Meet Continuing Management, Training And Equipment Needs Of The Fire Department's Urban Search And Rescue (USAR) Team, 2) Waive The City's Competitive Bidding Requirements And Authorize Procurement Of Equipment From The General Services Administration Agency, And 3) Award Equipment Contracts Without Return To Council
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.19 Subject: Volunteers Of America Agreement Amendment From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate $1,208,333 In An Intergovernmental Partnership Grant From The California Department Of Corrections And Rehabilitation For Reentry Programs Coordinated With The Violence Prevention And Public Safety Act Of 2004 And Authorizing The City Administrator To Execute An Amendment To The Agreement Between The City Of Oakland And Volunteers Of America, Bay Area For An Amount Not To Exceed $119,000 To Implement Project Choice For The Period Of February 1, 2007 To June 30, 2007 With Two Twelve-Month Options To Renew For An Amount Not To Exceed $270,000 Per Year
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.20 Subject: State And Federal Legislative Agenda From: Councilmember Jane Brunner Recommendation: Receive An Informational Report On The Final State Legislative Agenda For 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session

Action: Approve as Submitted Passed

A motion was made by Councilmember Chang, seconded by President of the Council Reid, to Approve as Submitted the report of 2 final decisions made during closed session as indicated in attachment A of this item. The motion carried by the following vote:
12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance

Action: Approve as Submitted Passed

A motion was made by Councilmember Chang, seconded by President of the Council Reid, to Approve as Submitted the disclosure that there were no non-confidential closed session discussions during closed session. The motion carried by the following vote:
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1 Subject: Revocation of Ten Taxi Cab Medallions From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal Filed By Mr. And Mrs. Baljit Singh On Behalf Of Yellow Cab And Denying The Appeal Filed By Enayat Aminy On Behalf Of East Bay Driver Association Against The Administrative Hearing Officer's Decision To Revoke Ten Taxi Medallions Issued To Yellow Cab Company
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted with direction to have the additional 27 taxi medallions re-audited 6 months from this decision with the findings report back to a future Public Safety Committee meeting. The motion carried by the following vote:
14.2 Subject: Oakland City Center Project Amendment From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City To Enter Into A Twelfth Amendment To The Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And (6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center Project On Block T-5/6
Ordinance
Action: Approved as Amended on Introduction for Final Passage Passed

A motion was made by Councilmember Brunner, seconded by President of the Council Reid, to Approved as Amended on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on March 20, 2007 with the changes referenced in Attachment B. The motion carried by the following vote:
06-1053-1 2) An Agency Resolution Authorizing The Agency To Enter Into A Twelfth Amendment To The Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And (6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center Project On Block T-5/6
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
ACTION ON NON-CONSENT ITEMS:
15 Subject: McKillop Roadway - Landslide Damage From: Public Works Agency Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency Due To Landslide Damage To McKillop Roadway First Proclaimed By the City Of Oakland On October 17, 2006
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Oakland Garden Hotel, LLC - Agreement From: Community and Economic Development Agency Recommendation: Adopt the Following Pieces Of Legislation: 1) An Agency Resolution Pursuant To Section 4.9.2 And 11.2 Of The Disposition And Development Agreement Between The Oakland Redevelopment Agency And Oakland Garden Hotel LLC, Authorizing The Agency Administrator To Approve The Transfer Of Ownership Of The Oakland Garden Hotel To The CIM Group; And
ORA Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Brooks, seconded by President of the Council Reid, that this matter be Adopted as Amended to include the following language: "Further Resolved: That a Certificate of Completion for the Oakland Garden Hotel (Courtyard Marriot) shall not be issued until Oakland Garden Hotel LLC pays the City the $132,204.70 penalty for non-compliance with the Agency's contracts compliance programs during the construction of the Oakland Garden Hotel; or alternatively, places the funds in escrow. If placed in escrow, the funds shall be released to Oakland Garden Hotel LLC upon the close of the Pacific Renaissance Settlement; provided that if the Settlement is not consummated, the funds shall be released to the agency; and be it,..." The motion carried by the following vote:
06-0961-1 2) A Resolution Pursuant To Section 10. Of The Hyatt Regency Oakland Hotel Ground Lease Between The City Of Oakland And Oakland Renaissance Associates Authorizing The City Administrator To Approve The Assignment Of The Ground Lease And The Sale Of The Marriott Hotel To The CIM Group, And To Accept All Payments Due The City
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Brooks, seconded by President of the Council Reid, that this matter be Adopted as Amended to include the following language: “Further Resolved: That the proceeds from the transfer of the Marriott, including the assignment of the Ground Lease and other transactions associated with the transfer, shall remain in escrow until appropriate distribution of loan pool funds is agreed to be the City; and be it.” The motion carried by the following vote:
17 Subject: Oakland Ice Center Contract From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing A Three-Year Operations And Management Agreement With San Jose Arena Management, LLC For The Oakland Ice Center For A Negotiated Annual Fee Based On A Percentage Of Net Revenue, Pursuant To Specific Criteria (TITLE CHANGE)
City Resolution
Action: No Action Taken
18 Subject: Condominium Conversion Program From: Community and Economic Development Agency Recommendation: Action On A Report And Recommendations Regarding (1) Individual Development Accounts For Homeownership For Low And Moderate Income Residents; (2) Development And Implementation Of A City-Wide Community Land Trust; And (3) Use Of Housing Rehabilitation And Housing Development Funds For Use In Conjunction With A Condominium Conversion Program To Promote Neighborhood Revitalization
Report and Recommendation
Action: Deferred - DEFUNCT Passed

A motion was made by Councilmember Brunner, seconded by President of the Council Reid, that this matter be Deferred - DEFUNCT to the Office Of The City Administrator in support of the committee recommendation to send this item to the Blue Ribbon Inclusionary Housing Commission. The motion carried by the following vote:
19 Subject: Utility Box Design And Guidelines From: Community and Economic Development Agency Recommendation: Action On A Report On The Final Site Design And Siting Guidelines For Utility Boxes In The Public Right-Of-Way (Title Change)
Report and Recommendation
Action: Approved Passed

A motion was made by Councilmember Kernighan, seconded by President of the Council Reid, that this matter be Approved in accordance with the Committee recommendation to: 1) Adopt the Surface Mounted Facility Placement Guidelines; 2) Adopt the Screening Templates for the AT&T Lightspeed project; and further direct staff to A) design screening templates, administratively, as required for other entities wishing to place facilities in the City of Oakland right-of-way; B) direct the Public Works Agency to use the placement guidelines and public notice procedures; and C) direct staff to schedule a report on the concentration of utility boxes from different companies in a single location. The motion carried by the following vote:
20 Subject: 2005-2006 Fiscal Year Comprehensive Annual Financial Report From: Finance and Management Agency Recommendation: Receive An Informational Report Presenting The Fiscal Year 2005/2006 Comprehensive Annual Financial Report (CAFR), The Single Audit Report, The Oakland Redevelopment Agency (ORA) Financial Statement, The Oakland Base Reuse Authority (OBRA) Financial Statement, Measure Y Audit Report, The Oakland Wildfire Prevention Assessment District Report, Measure DD Financial Statement, And The Management Letter
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Quan, seconded by Councilmember Brooks, that this matter be Received and Filed. The motion carried by the following vote:
21 Subject: Workforce Housing Reward Grant From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million Two Hundred Thousand Dollars ($1,200,000.00)From The State Of California Department Of Housing And Community Development Workforce Housing Reward Grant
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by President of the Council Reid, that this matter be Adopted the prioritization of projects with funding allocated accordingly: 1) Carter Gilmore at $800,000; 2) The Asian Library at $109,000; 3) Feasibility Study to repave West Street; 4) $100,000 for lighting and fencing at Raimondi park; with the $179,000 balance to go to 5) the Martin Luther King Jr. Library. The motion carried by the following vote:
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 10:30 p.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
... THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS.
Defunct - Communication

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