Meeting of the Oakland City Council

Tuesday, March 6, 2012 · 5:30 PM AM · City Council Chambers, 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: Honoring Joseph T. Yew From: Council President Reid, Councilmember Kernighan And Pro Tem De La Fuente Recommendation: Adopt A Resolution Honoring Joseph T. Yew, Jr. On Eight Years Of Dedicated And Distinguished Service To The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING HELD February 21, 2012

Action: Approve as Submitted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Vice Mayor Nadel, 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: Conflict Of Interest Waiver Shute Mihaly And Weinberger From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving A Conflict Of Interest Waiver For Shute Mihaly & Weinberger LLP ("SMW") Waiving Any Conflict Arising From SMW's Representation Of Clients With Interests Adverse To The City Of Oakland, Except For Any Client Whose Interests May Be Related To The Closure, Development And Reuse Of Properties Within The Boundaries Of The Former Oakland Army Base
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.4 Subject: Vice Mayor Brooks Travel-Washington DC From: Vice Mayor Desley Brooks Recommendation: Adopt A Resolution Authorizing Vice Mayor Desley Brooks To Travel To Washington, D.C. To Attend The 2012 National League Of Cities Congressional City Conference From March 10-14, 2012
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 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 Passed

This Matter was * Withdrawn and Rescheduled on the Consent Agenda.
7.6 Subject: Settlement Agreement - OPOA From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of The Oakland Police Officers' Association V. City Of Oakland, Alameda Superior Court Case No. RG09437562, Which Challenged The City's Enactment Of Ordinance No. 12908 (Anti-Nepotism Ordinance) (Oakland Police Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Recognizing International Women's Day From: Councilmember Schaaf Recommendation: Adopt A Resolution In Support Of International Women's Day
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Budget Advisory Committee Appointment - Nye From: President Pro Tem De La Fuente Recommendation: Adopt A Resolution Confirming Re-Appointment Of Bruce Nye To The Budget Advisory Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Budget Advisory Committee Appointment - Bawa And Heidorn From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Kirin Bawa And Reappointment Of Nicolas Heidorn To The Budget Advisory Committee
City Resolution
Action: Adopted as Amended Passed

This Matter was Adopted as Amended to exclude the appointment of Kirin Bawa on the Consent Agenda.
7.10 Subject: Measure Y Committee Appointment - Cruz From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Vicente R. Cruz II As A Member Of The Violence Prevention And Public Safety Oversight Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Parks And Recreation Advisory Commission Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Judith Belcher, Barry Miller And Ellen Wu And Appointment Of Paul Rosenbloom, Toshia Marshall, Mandolin Kadera-Redmond And Faith Du Boisto The Parks And Recreation Advisory Commission
City Resolution
Action: Withdrawn and Rescheduled
7.12 Subject: Beliveau Engineering Contract From: Public Works Agency Recommendation: Adopt A Resolution Awarding A Construction Contract To Beliveau Engineering Contractors, Inc., The Lowest Responsive And Responsible Bidder, For The Installation Of A Stormwater Trash Control Unit At 73rd Avenue And International Boulevard (Project No. C390710) In Accordance With Plans And Specifications For The Project And Contractor's Bid In The Amount Of Nine Hundred And Eighty-Three Thousand, Five Hundred Dollars ($983,500.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.13 Subject: Measure C-Oakland Hotel Tax Audit From: Finance And Management Agency Recommendation: Receive An Informational Report Presenting Measure C-Oakland Hotel Tax Audit And Program Status Report
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Sunfield Development Agreement From: Office Of Neighborhood Investment Recommendation: Adopt A Resolution Authorizing An Exclusive Negotiating Agreement With Sunfield Development, LLC Or A Related Entity To Develop A Mixed-Use Project On A City-Owned Property Located At 1800 San Pablo Avenue (APN: 008-0642-018)
City Resolution
Action: Adopted as Amended Passed

This Matter was Adopted as Amended to the resolution to include the language "good faith deposit is refundable" on the Consent Agenda.
7.15 Subject: Maddie's Foundation From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, On Behalf Of The City Of Oakland, To Accept A Donation In The Amount Of Ninety-Nine Thousand Dollars ($99,000) From Maddie's Fund, And Appropriate Said Funds To The Oakland Police Department Animal Services Division To Help Fund Spay And Neuter Programs, Quality Of Life Projects For Animals, And Purchase Supplies/Equipment For The Volunteer Program
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: Wildfire Prevention Assessment Audit Report From: Finance And Management Agency Recommendation: Receive A Report Presenting The Oakland Wildfire Prevention Assesssment District Audit Report For Fiscal Year Ended June 30, 2011
Informational Report
Action: * Withdrawn and Rescheduled Passed

This Matter was * Withdrawn and Rescheduled 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 Councilmember Kernighan, seconded by Councilmember Brunner, to Approve as Submitted the report from the City Attorney of 1 final decision made during Closed Session (Attachment A). 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: Amending Pawnbrokers And Secondhand Dealers Ordinance From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) An Ordinance Amending Oakland Municipal Code (OMC) Chapter 5.46 To: (1) Establish New Permitting And Operating Standards For "Secondhand Jewelry Dealers; And To (2) Revise Operating Standards For "Secondhand Dealers" And "Pawnbrokers"
City Resolution
9.1 Subject: Amending Master Fee For Mobile Food Vending Parking Use From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance Amending Ordinance No. 13078 C.M.S., The Master Fee Schedule, As Amended, To Establish Or Modify Fees Assessed By The Office Of The City Administrator To Establish An Interim Mobile Food Vending Parking Use Fee For Permits Issued Pursuant To Chapter 5.51
Ordinance
Action: * Withdrawn and Rescheduled
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 Subject: Pulte Homes Contract Increase - Rainbow Teen Center From: Community And Economic Development Agency Recommendation: Adopt A Resolution Amending Resolution No. 83165 C.M.S. To Authorize An Increase In The Contract With Pulte Homes For The Construction Of The Rainbow Teen Center By $30,699 From $121,000 To $151,699 To Pay For Prevailing Wage Costs; To Appropriate Pro-Rated Onetime Funds For FY 2011-2012 In The Amount Of $67,000; And Amending Resolution 83344 C.M.S. For The FY 2011 Annual Action Plan, Submitted To The U.S. Department Of Housing And Urban Development (HUD) Which Included The FY 2011 Community Development Block Grant (CDBG) Allocations, To Assign $48,000 Of $62,250 Earmarked For The Oakland Citizens Committee For Urban Renewal (Occur) To The Office Of Parks & Recreation In Order To Provide Funding For The Rainbow Teen Center, If Permissible Under CDBG Regulations, For Expenditures For Period July 1, 2011 - June 30, 2013
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
11 Subject: Alameda County Transportation Plan From: Public Works Agency Recommendation: Adopt A Resolution To Endorse And Support The Approval Of The Alameda County Transportation Expenditure Plan And Recommend To The Alameda County Board Of Supervisors Placement Of An Extension And Augmentation Of The Existing Transportation Sales Tax On The November 2012 Ballot
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Schaaf, that this matter be Adopted. The motion carried by the following vote:
12 Subject: Parking Enforcement Vehicle Purchase From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Appropriate Four Hundred Thousand Dollars ($400,000) Of Savings From The 2009-2011 Operating Budget In The Internal Equipment Service Fund 4100 To Purchase Thirteen Energy Efficient Vehicles For The Finance And Management Agency, Parking Enforcement Division, (PED)
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks, that this matter be Adopted The City Council took item 10 after item 12. The motion carried by the following vote:
13 Subject: Oakland-Alameda County Coliseum Complex From: Office Of Neighborhood Investment Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing An Exclusive Negotiating Agreement With JRDV Urban International, HKS Sports And Entertainment, HKS Inc., And Forest City Real Estate Services LLC, Or Affiliated Entities, For Development Of The Coliseum City Project At The Oakland-Alameda County Coliseum Complex And Environs, And Authorizing Predevelopment Funding Of The Developer's Planning Work In An Amount Not To Exceed $1.6 Million; And
City Resolution
Action: Adopted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
11-0291-1 2) A Resolution Authorizing A Professional Services Contract With Lamphier-Gregory And Team Of Consultants, In An Amount Not To Exceed $1,900,000, For Services Related To The Oakland Alameda Coliseum Complex And Environs And The Oakland Airport Business Park Specific Plans And Environmental Impact Report Without Return To Council
City Resolution
Action: Adopted as Amended Passed

A motion was made by President Pro Tempore De La Fuente, seconded by Councilmember Brooks, that this matter be Adopted as Amended to add the language "to guard against an over reliance on the presence of professional sports franchises for the future development of the Coliseum site, the project design, specific plan, and EIR shall include non-stadium alternatives" into the Resolved of this resolution. The council also directed staff to provide an analysis on the feasiblity of constructing a baseball stadium over the freeway. 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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