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: Marcel Uzegbu Retirement From: Vice Mayor Brooks, Council President Reid, and Pro Tem De La Fuente Recommendation: Adopt A Resolution Acknowledging The Retirement Of Marcel Uzegbu After Twenty-Six Years Of Dedicated Service To The City Of Oakland
   City Resolution
6. 4.2 Subject: Oakland Walk Of Fame From: Council Member Nancy Nadel Recommendation: Adopt A Ceremonial Resolution Commending And Recognizing The "Music They Played On 7th Street, Oakland Walk Of Fame" As A Permanent Historical Piece Of 7th Street In The City Of Oakland
   City Resolution
   Action: Withdrawn with No New Date
7. 5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING HELD on March 6, 2012
   Action: Approve as Submitted Passed

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

8. 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):
9. 7. CONSENT CALENDAR (CC) ITEMS:
10. ALL ITEMS DENOTED WITH AN S- WERE ADDED PURSUANT TO RULE 28a OF RESOLUTION 82580 C.M.S., COUNCIL'S RULES OF PROCEDURE
11. 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.

12. 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.

13. 7.3 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 Bois To The Parks And Recreation Advisory Commission
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

14. 7.4 Subject: PFRS Board Designation From: Office Of The Mayor Recommendation: Adopt A Resolution (1) Rescinding Resolution Number 83195 C.M.S. Which Authorized The Director Of The Finance And Management Agency To Serve As The Mayor's Designee On The Police And Fire Retirement Board And (2) Approving The Mayor's Designation Of The Controller To Serve In The Mayor's Place And Stead As A Member Of The Police And Fire Retirement Board
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

15. 7.5 Subject: Public Art Advisory Committee Appointment - Cummings From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Allison Cummings As A Member Of The Public Art Advisory Committee
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

16. 7.6 Subject: Settlement Agreement - DeGuzman From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Deguzman V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG07355626, City Attorney's File No. 25715, In The Amount Of Three Hundred Ninety-Eight Thousand Five Hundred Dollars ($398,500.00). (Public Works Agency) - Inverse Condemnation/Dangerous Condition
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

17. 7.7 Subject: Housing Related Parks Program From: Department Of Housing And Community Development Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate Grant Funds From The California Department Of Housing And Community Development In An Amount Not To Exceed $600,000 For The Housing Related Parks Program (Program Years 2010-2011)
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

18. 7.8 Subject: Cultural Services Grants From: Office Of Neighborhood Investment Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into Sixty-Two (62) Cultural Services Grants To Fifty-Two (52) Oakland-Based Nonprofit Organizations And Individual Artists Providing Arts And Cultural Services In Oakland During Fiscal Year 2011-2012 In A Total Amount Not To Exceed $854,862.00
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

19. 7.9 Subject: Mcullum Youth Court Agreement From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To 1) Accept And Appropriate Grant Funds In An Amount Not To Exceed $172,141 From The State Of California, Corrections Standards Authority, Title II Formula Grant Program To The Oakland Police Department, 2) Waive The Competitive Request For Proposals/Qualifications (Rfp/Q) Process, And 3) Enter Into A Professional Services Agreement With Mccullum Youth Court For The Period January 1,2012 Through December 31, 2012, With Two-One Year Options To Extend, In An Amount Not To Exceed $83,638 Annually For Continued Program Implementation Of The Oakland Youth Court
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

20. 7.10 Subject: Measure Y Violence Prevention Report From: Finance And Management Agency Recommendation: Receive An Informational Report Presenting The Measure Y - Violence Prevention & Public Safety Act Of 2004 Audit And Program Status 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.

21. 7.11 Subject: Newly Built Fire Truck Purchase From: Oakland Fire Department Recommendation: Adopt A Resolution 1) Authorizing The City Administrator Or Her Designee To Accept And Appropriate Grant Funds From The U.S. Department Of Homeland Security's Federal Emergency Management Agency (FEMA) Assistance To Firefighters Grant (AFG) Program For The Period Of December 30, 2011 To December 29, 2012 In The Amount Of Seven Hundred Eighty-Nine Thousand Three Hundred Sixty Dollars ($789,360) With Matching City Of Oakland Funds In The Amount Of One Hundred Ninety-Seven Thousand Three Hundred Forty Dollars ($197,340) For The Purchase Of A Newly Built Fire Truck; 2) Approving The Expenditure Of Matching City Of Oakland Funds In The Amount Of One Hundred Ninety Seven Thousand Three Hundred Forty Dollars ($197,340); 3) Waiving The Advertising And Competitive Bidding Requirements; And 4) Awarding A Contract To Pierce Manufacturing Incorporated Via Golden State Apparatus, Incorporated In An Amount Not To Exceed Nine Hundred Thirty-Two Thousand Dollars ($932,000), For The Purchase Of A Newly Built Fire Truck And In Compliance With City Of Oakland Purchasing Policies And Procedures.
    City Resolution
    Action: Adopted Passed

    This Matter was Adopted on the Consent Agenda.

22. 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 Councilmember Schaaf, to Approve as Submitted the report of the City Attorney of final decisions made during closed session and confirmation of no non-confidential closed session discussion. The motion carried by the following vote:

23. COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
24. 9. CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING REQUIREMENTS:
25. 9.1 Subject: Newly Built Fire Truck Purchase From: Oakland Fire Department Recommendation: Adopt A Resolution 1) Authorizing The City Administrator Or Her Designee To Accept And Appropriate Grant Funds From The U.S. Department Of Homeland Security's Federal Emergency Management Agency (FEMA) Assistance To Firefighters Grant (AFG) Program For The Period Of December 30, 2011 To December 29, 2012 In The Amount Of Seven Hundred Eighty-Nine Thousand Three Hundred Sixty Dollars ($789,360) With Matching City Of Oakland Funds In The Amount Of One Hundred Ninety-Seven Thousand Three Hundred Forty Dollars ($197,340) For The Purchase Of A Newly Built Fire Truck; 2) Approving The Expenditure Of Matching City Of Oakland Funds In The Amount Of One Hundred Ninety Seven Thousand Three Hundred Forty Dollars ($197,340); 3) Waiving The Advertising And Competitive Bidding Requirements; And 4) Awarding A Contract To Pierce Manufacturing Incorporated Via Golden State Apparatus, Incorporated In An Amount Not To Exceed Nine Hundred Thirty-Two Thousand Dollars ($932,000), For The Purchase Of A Newly Built Fire Truck And In Compliance With City Of Oakland Purchasing Policies And Procedures.
    City Resolution
26. 9.2 Subject: Local Hazard Mitigation Plan From: Department Of Planning And Neighborhood Preservation Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Approving The Association Of Bay Area Governments' Report "Taming Natural Disasters" As Oakland's Local Hazard Mitigation Plan
    City Resolution
    Action: Adopted Passed

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

27. 9.3 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: Approved On Introduction and Scheduled for Final Passage Passed

    A motion was made by Councilmember Brunner, seconded by Councilmember Schaaf, 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 April 3, 2012 meeting. The motion carried by the following vote:

28. 9.4 Subject: Secondhand Jewelry Dealers Moratorium Extension From: Office Of The City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt Extension Of Ordinance No. 13095 C.M.S., An Interim Ordinance, Adopted As An Urgency Measure Pursuant To California Government Code Section 65858, Establishing A Temporary Moratorium On The Establishment Or Expansion Of Businesses Engaged In And/Or Conducting Buying, Selling, And/Or Exchanging Old Gold, Old Silver, Platinum Or Articles Of Platinum, Silverware, Secondhand Jewelry Or Other Precious Metals Or Stones (Secondhand Jewelry Dealers), Through September 4, 2012 Or Whenever Permanent Regulations Are Adopted, Whichever Occurs First
    Ordinance
    Action: Approved for Final Passage Passed

    A motion was made by Councilmember Kaplan, seconded by Councilmember Kernighan, that this matter be Approved for Final Passage. The motion carried by the following vote:

29. 9.5 Subject: Delinquent Mandatory Garbage Fees From: Finance And Management Agency 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 Garbage Service Fees And Confirming 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; Or
    City Resolution
    Action: Adopted Passed

    A motion was made by President of the Council Reid, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:

30. 11-0321-1 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
31. 11-0321-2 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 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
32. 9.6 Subject: Delinquent Real Property Transfer Taxes From: Finance And Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes 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 President of the Council Reid, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:

33. 11-0322-1 2) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Real 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
34. 11-0322-2 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 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
35. ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
36. THIS NUMBER INTENTIONALLY NOT USED
37. 11 Subject: Oakland High School Career Pathway And Community Collaborative From: Office Of The Mayor Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Execute Grant Agreements With The Spanish Speaking Citizens Foundation In An Amount Not To Exceed $226,241, Oakland Unified School District In An Amount Not To Exceed $8,000, Laney College In An Amount Not To Exceed $10,000 And Private Industry Council In An Amount Not To Exceed $26,000, And To Appropriate $19,639 For Fiscal Management Costs To The City Of Oakland To Administer The Grant, Provide Project Oversight, Management And Liaison Work With State Grant Administrators, From The California Emergency Management Agency (Cal-EMA) Grant Funds For The Oakland High School Career Pathway And Community Collaborative At Fremont High School And Castlemont High School
    City Resolution
    Action: Adopted as Amended Passed

    A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, that this matter be Adopted as Amended to delete the 4th Further Resolved in the resolution, to add a further resolved that provides that no spending shall occur above $383,000; and an additional Further Resolved that states:" BE IT FURTHER RESOLVED, that no payments shall be issued to any of the listed grantees without the City first obtaining and verifying information that details; 1) The number of youth served, 2) The services received by the Youth participating in the program; 3) Hours of participation in the program by each youth participant, and 4) Number of youth placed in positions of paid employment". The motion carried by the following vote:

38. 12 Subject: Vice Mayor Appointment From: Council President Larry Reid Recommendation: Adopt A Resolution For The City Council To Appoint_________________________ As Vice Mayor For The City Of Oakland, Term Commencing From________________, 2012, Until ______________, 2012
    City Resolution
    Action: Adopted as Amended Passed

    A motion was made by Councilmember Schaaf, seconded by Councilmember Brooks, that this matter be Adopted as Amended to appoint Councilmember Nadel as the Vice - Mayor for the City of Oakland for the remainer of the term beginning March 20, 2012 through December 31, 2012 The motion carried by the following vote:

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44. 44 Passed The Consent Agenda
    Action: Approve as Submitted Passed

    A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, to Approve as Submitted, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: