Meeting of the Oakland City Council

Tuesday, March 20, 2012 · 5:30 PM AM · City Council Chambers, 3rd Floor

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Agenda

1 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:
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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: 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
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Action: Withdrawn with No New Date
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:
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:
ALL ITEMS DENOTED WITH AN S- WERE ADDED PURSUANT TO RULE 28a OF RESOLUTION 82580 C.M.S., COUNCIL'S RULES OF PROCEDURE
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: 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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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: 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
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:
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:
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:
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:
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
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
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:
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
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
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
THIS NUMBER INTENTIONALLY NOT USED
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:
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:
13 Subject: Supporting Assembly Bill 828 From: Councilmember Nadel Recommendation: Adopt A Resolution In Support Of AB 828 (Swanson), Which Would End The Lifetime Ban On Benefits And Services Provided Through The CalFresh Program, Formerly Known As Food Stamps, For People Who Have A Prior Drug-Related Felony Conviction
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
14 Subject: Supporting Senate Bill 1060 From: Councilmember Nadel Recommendation: Adopt A Resolution In Support Of SB 1060 (Hancock), Which Would End The Lifetime Ban On Benefits And Services Provided Through The California Work Opportunity And Responsibility To Kids (CalWORKS) Program For People Who Have A Prior Drug-Related Felony Conviction As Long As They Are Participating In Or Have Successfully Completed A Government Recognized Treatment Program
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
15 Subject: Support Of Senate Bill 1545 From: Council President Reid And Councilmember Kaplan Recommendation: Adopt A Resolution In Support Of Senate Bill 1545 (DeSaulnier) That Would Prohibit Public Money From Being Used On The Development Or Improvement Of An Office Building At 390 Main Street, San Francisco, Until After The State Auditor Has Completed A Specified Audit Relating To The Move Of The Headquarters Of The Metropolitan Transportation Commission
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Support Of Assembly Bill 1831 From: Council Member Nancy Nadel Recommendation: Adopt A Resolution In Support Of AB 1831 (Dickinson/Swanson), Which Expands California's "Ban The Box" Policy For State Public Employees To City And County Workers Across The State
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
17 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: Approved for Final Passage Failed

A motion was made by Councilmember Brooks that this matter be Approved for Final Passage. The motion failed by the following vote:
18 Subject: Regional Sustainable Communities Strategy From: Community And Economic Development Agency Recommendation: Receive A Report And Approve Recommendations To Provide An Update On The Development Of The Regional Sustainable Communities Strategy (SCS) Pursuant To California Senate Bill 375, Including Alternative Land Use And Transportation Scenarios, The OneBayArea Grant Program, Results Of The Performance Targets And Equity Analyses, And Key Considerations For The City Of Oakland
Report and Recommendation
Action: Approve with the following amendments Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Kaplan, that this matter be Approve with the following amendments to accept items 1, 3, and 4 as presented and to amend item 2 to delete the last 2 lines of text. The motion carried by the following vote:
19 Subject: Central District Plan From: Office Of Neighborhood Investment Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance, By The City Of Oakland Under Its Own Auspices, Adopting The Seventeenth Amendment To The Central District Redevelopment Plan, Designated And Adopted As The "Central District Urban Renewal Plan" In 1969, To (1) Extend The Time Limits On Plan Effectiveness And The Receipt Of Tax Increment Revenues By Ten Years, (2) Increase The Cap On Tax Increment Revenues, (3) Extend The Time Limit For Use Of Eminent Domain And Restrict Eminent Domain To Nonresidential Properties, (4) Amend Affordable Housing Provisions, And (5) Make Other Required Changes; And
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kaplan, seconded by President Pro Tempore De La Fuente, 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:
11-0341-1 2) An Ordinance, By The City Under Its Own Auspices, Adopting The Eighteenth Amendment To The Central District Redevelopment Plan, Designated And Adopted As The "Central District Urban Renewal Plan" In 1969, To Extend The Time Limits On Plan Effectiveness And The Receipt Of Tax Increment Revenues By One Year; And
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Kaplan, seconded by President Pro Tempore De La Fuente, 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:
11-0341-2 3) A Resolution Certifying And Making Findings As To The Final Environmental Impact Report On Proposed Amendments To The Central District Redevelopment Plan, Designated And Adopted As The "Central District Urban Renewal Plan" In 1969, And Adopting Mitigation Measures And A Mitigation Monitoring And Reporting Program
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:
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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