Meeting of the Oakland City Council

Agenda

1. Pledge of Allegiance
2. Roll Call / ORA & Council COUNCIL MEMBERS:
3. Open Forum / Citizens Comments (Time Available: 15 minutes)
4. ACTIONS ON SPECIAL ORDERS OF THE DAY (Ceremonial Presentations, Reports/Presentations from the Mayor, Council Acknowledgements/Announcements):
5. 4.1 Subject: Commending Jo-Ellen Spencer And Arlyce Currie From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Recognizing And Commending Jo-Ellen Spencer And Arlyce Currie On The Occasion Of Their Retirement For Their Work At Bananas And Their Service To Parents And Child Care Providers Of Oakland
   City Resolution
   Action: Adopted Passed

   A motion was made by Councilmember Brunner, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:

6. 5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF January 17, 2012
   Action: Approve as Submitted Passed

   A motion was made by Councilmember Brooks, seconded by Councilmember Kernighan, to Approve as Submitted. The motion carried by the following vote:

7. 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):
8. 7. CONSENT CALENDAR (CC) ITEMS:
9. 7.1 Subject: Medical Cannabis Health Emergency From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A Local Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In The City Of Oakland
   City Resolution
   Action: Adopted Passed

   This Matter was Adopted on the Consent Agenda.

10. 7.2 Subject: Declaration Of A Local Emergency Due To AIDS Epidemic From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis With Regard To The Human Immunodeficiency Virus ("HIV")/Acquired Immunodeficiency Syndrome ("AIDS") Epidemic
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

11. 7.3 Subject: Supporting The California Cancer Research Act From: Councilmember Brunner Recommendation: Adopt A Resolution Supporting Proposition 29 "The California Cancer Research Act Of 2012" To Reduce Smoking, Especially Among Children And Fund Critical Research To Prevent And Treat Cancer, Heart Disease And Stroke, Lung Disease And Other Tobacco-Related Illnesses
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

12. 7.4 Subject: Sanjiv Handa Sunshine Ordinance From: President Reid and Vice Mayor Brooks Recommendation: Adopt An Ordinance Amending Ordinance No. 11957 C.M.S., As Amended By Ordinance No. 12483 C.M.S., To Change The Citation And Title Of The "Oakland Sunshine Ordinance" To The "Sanjiv Handa Oakland Sunshine Ordinance" In Memory Of Sanjiv Handa, A Longtime Oakland Resident Who Devoted More Than 20 Years Of His Life To Advocating For Open Government And Transparency To Assure That Deliberations Of The City's Council, Commissions, Boards, And Advisory Bodies And The City's Operations Were Open To The Public
    Ordinance
    Action: * Withdrawn and Rescheduled
13. 7.5 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: * Withdrawn and Rescheduled Passed

    This Matter was * Withdrawn and Rescheduled on the Consent Agenda.

14. 7.6 Subject: Zero Waste Contract Amendment - R3 Consulting From: Public Works Agency Recommendation: Adopt A Resolution Waiving The Advertising And Competitive Request For Proposal/Qualification Requirements And Authorizing The City Administrator To Amend An Agreement With R3 Consulting Group To Provide Zero Waste System Technical Assistance Services Increasing The Amount Not To Exceed By Two Hundred Thousand Dollars ($200,000.00) For A Total Contract Amount Not To Exceed Five Hundred Thousand Dollars ($500,000.00) And Extending The Term By Two Years To September 1, 2015
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

15. 7.7 Subject: Professional Services Contract Amendment - URS Corp From: Public Works Agency Recommendation: Adopt A Resolution Waiving The Request For Proposal/Request For Qualifications ("RFP/RFQ") Competitive Selection Requirement And Authorizing The City Administrator To Amend The Professional Services Contract With URS Corporation To Add Design And Engineering Services For Bridge Seismic Retrofit Projects And Increase The Contract Amount By Six Hundred Thousand Dollars ($600,000.00) For A Total Contract Amount Not To Exceed Eight Hundred Twenty-Nine Thousand Four Hundred Dollars ($829,400.00)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

16. 7.8 Subject: Contract Increase - Design Community And Environment From: Public Works Agency Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal/Qualification Process And Authorizing An Amendment To Increase The Agreement With Design Community And Environment For As-Needed Landscape Architectural Services For An Amount Not-To-Exceed Three Hundred Fifty Thousand Dollars ($350,000.00), Bringing The Total Contract Amount To Eight Hundred Fifty Thousand Dollars ($850,000.00)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

17. 7.9 Subject: Fox Theater Renovation Audit From: Council President Larry Reid Recommendation: Receive An Informational Report On The Performance Audit Of The Fox Theater Renovation Project Released October 4, 2011 From The Office Of The City Auditor
    Informational Report
    Action: Received and Filed Passed

    This Matter was Received and Filed on the Consent Agenda.

18. 7.10 Subject: Community Services Block Grant Renewal From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To 1) Accept And Appropriate A Renewal Grant In An Anticipated Amount Of $1,253,958 In Anti-Poverty Community Services Block Grant (CSBG) Funds For Calendar Year 2012 From The State Of California Department Of Community Services And Development (CSD) And Any Additional CSBG Funding That May Become Available Without Returning To Council; And 2) Negotiate, Execute, And Amend Grant Agreements/Contracts With Service Providers In Alignment With The City's 2012-2013 State Approved Community Action Plan [TITLE CHANGE]
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

19. 7.11 Subject: Oakland PATH Re-Housing Initiative Funding From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing An Agreement With The Oakland Housing Authority (OHA) To Accept Housing Assistance Program Funds In The Amount Of $810,000 To Continue Implementing The Oakland PATH Re-Housing Initiative (OPRI) For The Period Of October 1, 2011 Through June 30, 2012; And Authorizing The City To Continue Its Collaboration With The OHA To Accept OHA Funds And Enter Into Contracts With OHA And Housing And Service Providers To Maintain And Expand The OPRI Program In Subsequent Years Without Returning To The City Council
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

20. 7.12 Subject: Software And Support Contract Agreement - Foray Technologies From: Oakland Police Department Recommendation: Adopt A Resolution 1) Waiving The Advertising And Bidding Requirements And The Request For Proposal/Qualifications Process, 2) Waiving The Local And Small Local Business Enterprise Program Provisions, And 3) Awarding A Contract To Foray Technologies In An Amount Not To Exceed One Hundred Fifty Thousand Dollars ($150,000.00) For The Purchase Of Commercial Information Technology Equipment, Software Licensing, Management, Installation And Support Services For A Two Year Period
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

21. 7.13 Subject: Sobriety Check Points Grant Award From: Oakland Police Department Recommendation: Adopt A Resolution 1) Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Thirty Six Thousand Five Hundred Dollars ($36,500) From The Regents Of The University Of California, Berkeley, School Of Public Health, Traffic Safety Center, Serving As The Fiscal Agent For The State Of California, Office Of Traffic Safety, To The Oakland Police Department For The 2011 Sobriety Checkpoint Program for The Project Term Of October 1, 2011 Through September 30, 2012, And 2) Waiving The Central Services Overhead (CSO) Charges Associated With This Grant In The Amount Of Four Thousand Nine Hundred Seventy Nine Dollars ($4,979)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

22. 7.14 Subject: Budget Advisory Committee Appointment - Houston From: Vice Mayor Desley Brooks Recommendation: Adopt A Resolution Appointing Ken Houston As A Member Of The Budget Advisory Committee
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

23. 7.15 Subject: Settlement Agreement - Burgardt From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Burgardt V. City Of Oakland, Alameda County Superior Court Case No. RG11555191 In The Amount Of $23,000.00 (Public Works Agency - Inverse Condemnation)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

24. 7.16 Subject: Settlement Agreement - City Of Berkeley From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of City Of Berkeley V. City Of Oakland (Gail Lowry V. City Of Berkeley, Et Al.), Alameda County Superior Court Case No. RG10552946 In The Amount Of $10,000.00 (Public Works Agency - Trip And Fall)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

25. 7.17 Subject: Settlement Agreement - Eagles From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing and Directing the City Attorney to Compromise and Settle the Claim of Fannie Eagles, in the Amount of $6,100.00 as a Result of Property Damage Sustained When Roots From a City Tree Damaged the Claimant's Sewer Lateral on October 5, 2011. (PWA)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

26. 7.18 Subject: Economic Development Strategy For The City Of Oakland From: Councilmember Brunner Recommendation: A Follow-Up Report And Proposed Action On The Community And Economic Development Director's Economic Development Strategy For The City Of Oakland
    Report and Recommendation
    Action: * Withdrawn and Rescheduled
27. 7.19 Subject: Commending Andrea Youngdahl From: Council President Larry Reid Recommendation: Adopt A Resolution Commending Andrea Youngdahl, Director Of The Department Of Human Services, For 11 Years Of Outstanding Service And Congratulating Her On The Occasion Of Her Retirement
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

28. 7.20 Subject: Resolution In Favor Of A.B. 1148 From: Councilmembers Kernighan And Schaaf Recommendation: Adopt A Resolution In Favor Of A.B. 1148, The California Disclosure Act
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

29. 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 President Pro Tempore De La Fuente, to Approve as Submitted the report of the City Attorney of no final decisions and no non-confidiential closed session discussion. The motion carried by the following vote:

30. COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
31. 9. CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
32. 9.1 Subject: Declaring Property Interests - Alameda Ave, High St., Jensen St. From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) A Resolution Of Necessity Declaring Property Interests At 600 High Street (Portions Of Apn 034-2295-001-03) Necessary For Public Use In The 42nd Avenue And High Street Access Improvement Project And Authorizing The City To Initiate Condemnation Proceedings For The Acquisition Of Those Property Interests.
    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:

33. 11-0230-1 2) A Resolution Of Necessity Declaring Property Interests At 4200 Alameda Avenue (Portions Of Apns 033-2203-006-00 And 033-2203-004-02) Necessary For Public Use In The 42nd Avenue And High Street Access Improvement Project And Authorizing The City To Initiate Condemnation Proceedings For The Acquisition Of Those Property Interests.
    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:

34. 11-0230-2 3) A Resolution Of Necessity Declaring Property Interest At Jensen Street (Between Apns 033-2250-013-01 And 033-2203-002) Necessary For Public Use In The 42nd Avenue And High Street Access Improvement Project And Authorizing The City To Initiate Condemnation Proceedings For The Acquisition Of Those Property Interests.
    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:

35. ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
36. 10 Subject: Port of Oakland Shut-Downs From: President Pro Tem De La Fuente and Councilmember Schaaf Recommendation: Adopt A Resolution Opposing Any Purposeful Upcoming Or Future Port Of Oakland Shut-Downs, Directing The City Administrator And Urging The Mayor To Use Whatever Lawful Tools We Have, Including Enforcement Of State Laws And Local Municipal Code Regulations And Requirements, To Prevent Future Shut Downs Or Disruptions Of Any Port Operations
    City Resolution
    Action: Adopted as Amended Failed

    A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Schaaf, that this matter be Adopted as Amended to include the following after the end of ther first "Resolved" paragraph: ", provided that this resolution does not apply to lawful activities including but not limited to labor strikes." The motion failed by the following vote:

37. 11 Subject: Employment-Related Community Benefits - Former Oakland Army Base From: Community And Economic Development Agency Recommendation: Report and Recommendations from the Jobs Working Group on Employment-Related Community Benefits for the Development and Operations at the Former Oakland Army Base
    Report and Recommendation
    Action: Approve as Submitted Passed

    A motion was made by Councilmember Brooks, seconded by Vice Mayor Nadel, to Approve as Submitted. The motion carried by the following vote:

38. 12 Subject: Army Base Development and Operations From: Community and Economic Development Agency Recommendation: Action On A Report And Recommendation On Community Benefits Policy Framework Associated With The Development And Operations At The Former Oakland Army Base
    Report and Recommendation
    Action: Approve as Submitted Passed

    A motion was made by Councilmember Brunner, seconded by Vice Mayor Nadel, to Approve as Submitted. The motion carried by the following vote:

39. 13 Subject: Oakland Fund for Children and Youth Improvement Plan From: Department of Human Services Recommendation: An Informational Report on the Oakland Fund for Children and Youth Program Quality Initiative and Improvement Plans for Service Providers
    Informational Report
    Action: Received and Filed Passed

    A motion was made by Councilmember Kaplan, seconded by Councilmember Brooks, that this matter be Received and Filed. The motion carried by the following vote:

40. 14 Subject: Sustainable Communities Planning Grant From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept, And Appropriate Up To One Million Dollars ($1,000,000) From The State Of California Strategic Growth Council For The Sustainable Communities Planning Grant And Incentive Program Funds For The International Boulevard Transit-Oriented Development Implementation Plan
    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:

41. 15 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 for Final Passage Passed

    A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Schaaf, that this matter be Approved for Final Passage. The motion carried by the following vote:

42. 16 Subject: Registration Of Foreclosed And Vacant Residential Buildings From: Council President Reid Recommendation: Adopt An Ordinance Re-Enacting Oakland Municipal Code Chapter 8.54 Requiring The Registration Of Foreclosed And Vacant Residential Buildings
    Ordinance
    Action: Approved On Introduction and Scheduled for Final Passage Passed

    A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, that this matter be Approved On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard at the February 21, 2012 meeting. The motion carried by the following vote:

43. Passed The Consent Agenda
44. Untitled item