Meeting of the Oakland City Council

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

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Agenda

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Passed The Consent 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: 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
Action: Withdrawn and Rescheduled
4.2 Subject: Oakland Vegetarian Week From: Vice Mayor Brooks and Councilmember Nadel Recommendation: Adopt A Resolution Declaring The Week Of April 15-21, 2012, As "Oakland Veg Week" In The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
4.3 Subject: Charles H. Turner Recognition From: Council President Reid and Councilmember Brooks Recommendation: Adopt A Resolution Honoring And Recognizing Charles H. Turner For Receiving The Workforce Development Professional Of The Year Award From The California Workforce Association For The Year 2012
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Kaplan, that this matter be Adopted. The motion carried by the following vote:
4.4 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: 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:
4.5 Subject: Children's Memorial Presentation From: Council President Larry Reid Recommendation: Receive An Informational Report From Gail Steele On The Children's Memorial
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Schaaf, that this matter be Received and Filed. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE MEETING HELD March 20, 2012

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:
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 A "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: 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 for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
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 for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.4 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 for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
7.5 Subject: Jimmy Williams - 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 Jimmy Williams V. City Of Oakland, Et Al, United States District Court No. C-10-05266 WHA, Our File No. 27827, In The Amount Of $43,000.00 (Oakland Police Department - Excessive Force)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Little - 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 Little v. City Of Oakland, Alameda County Superior Court Case No. RG11554428 In The Amount Of $45,000.00 (Public Works Agency - Bicycle Accident)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Landmarks Preservation Advisory Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointments Of John Goins III And Valerie Garry As Members Of The Landmarks Preservation Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Housing, Residential Rent And Relocation Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Edward Lai, Guillermo Mayer And Benjamin Scott To The Housing, Residential Rent And Relocation Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Citizen's Police Review Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Paula White And Sarah Cohen To The Citizen's Police Review Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: Measure Z Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Reappointing Dale Gieringer As A Member Of The Cannibus Regulatory Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.11 Subject: Support Of AB 1599 - "Mortgages And Deeds Of Trust: Foreclosure Languages" From: President Pro Tempore De La Fuente Recommendation: Adopt A Resolution In Support Of Assembly Bill 1599 (Feuer & Fong) "Mortgages And Deeds Of Trust: Foreclosure Languages" Which Would Require All Documents To A Mortgagor Or Trustor Relating To A Delinquency, Default, Loan Modification, Foreclosure Proceeding, Or Foreclosure Sale Concerning That Mortgage Or Deed Of Trust To Be Provided In The Primary Language Spoken By The Mortgagor Or Trustor."
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.12 Subject: Community Policing Advisory Board From: Office Of the Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Reappointment Of Jennifer Pae And John Nichols And Appointment Of Alex Miller-Cole As Members Of The Community Policing Advisory Board
City Resolution
Action: Withdrawn and Rescheduled
7.13 Subject: Master Programs Funding Agreement From: Public Works Agency Recommendation: Adopt A Resolution Approving The 2012-2022 Master Programs Funding Agreement Between The Alameda County Transportation Commission And The City Of Oakland Governing Measure B Transportation Sales Tax And Measure F Vehicle Registration Fee Funds
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: East Bay Regional Park Local Grant Program From: Public Works Agency Recommendation: Adopt A Resolution: 1) Authorizing The Reallocation Of Up To Two Hundred Forty Thousand Dollars ($240,000.00) From The East Bay Regional Park District Local Grant Program Of The Open Space, Wildlife, Shoreline And Parks Bond (2008 Measure WW) For The Central Reservoir Field Project (No. C377010) To The Peralta Hacienda Historical Park De Anza Trail Project (No. C284540), And 2) Authorizing The City Administrator To Apply For, Accept And Appropriate Up To Two Hundred Forty Thousand Dollars ($240,000.00) From The East Bay Regional Park District Local Grant Program Of The Open Space, Wildlife, Shoreline And Parks Bond (2008 Measure Ww) For The Peralta Hacienda Historical Park De Anza Trail Project (No. C284540), And 3) Authorizing The City Administrator To Award A Construction Contract For The Peralta Hacienda Historical Park De Anza Trail Project (No. C284540) To Beliveau Engineering, Inc., The Lowest Responsive And Responsible Bidder, For An Amount Not-To-Exceed Eight Hundred Fourteen Thousand Dollars ($814,000.00) In Accord With The Project Plans And Specifications And The Contractor's Bid
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 Vice Mayor Nadel, seconded by Councilmember Schaaf, to Approve as Submitted the report of the City Attorney of 1 final decision made during closed session. 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: Planning Code Amendments From: Department Of Planning, Building And Neighborhood Preservation Recommendation: Adopt An Ordinance, Recommended By The Planning Commission, To: 1) Update References, Reduce Redundancy, Aivd Clarify Language In Various Chapters Of The Planning Code; 2) Modify The Threshold In Chapter 17.102 For Exemption From The 1,000-Foot Separation Requirement For Alcohol Beverage Sales Commercial From 20,000 Square Feet Down To 12,000 Square Feet, And Modify The Requirement For 25 Full-Time Employees; 3) Modify Chapter 17.108 For Setbacks Of Allowed Projections Above The Height Limits And Allowed Projections Into Required Setbacks; 4) Modify Chapter 17.108 For Interior Courtyard Regulations And Separation And Setback Requirements From Legally Required Windows; 5) Modify Chapter 17.108 For Inclusion Of Specific Standards For Wind Power Generating Facilities
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made by Councilmember Schaaf, seconded by Councilmember Kaplan, to Approved As Amended On Introduction and Scheduled for Final Passage to the Meeting of the Oakland City Council, to be heard at the May 1, 2012 meeting to accept the recommendations of the March 27, 2012 Community And Economic Development Committee to exclude item 5 - Standards for Wind Power Generating Facilities The motion carried by the following vote:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
THIS NUMBER INTENTIONALLY NOT USED
11 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: No Action Taken Failed

This matter was No Action Taken. The motion failed.
12 Subject: Frazier Group, LLC - Complaints Review Investigation From: Oakland Police Department Recommendation: Adopt A Resolution 1) Waiving The Advertising And Request For Proposals/Qualifications Requirements And 2) Authorizing The City Administrator On Behalf Of The City To Increase The Existing Contract With Frazier Group, LLC In The Amount Of Two Hundred Fifty Thousand Dollars ($250,000) For Conducting Administrative Misconduct Investigations Related To Police Complaints Received During Occupy Oakland Events In The City Of Oakland
City Resolution
Action: Withdrawn and Rescheduled
13 Subject: Ratification of CAL-EMA Grants Disbursements From: Office Of The Mayor Recommendation: Adopt A Resolution On Behalf Of The City Of Oakland Ratifying California Emergency Management Agency (CAL-EMA) Funded Grants To California School Age Consortium In The Amount Of $13,000.00, 2) Leadership Excellence In The Amount Of $75,250.00 And 3) Growth Sector Company In The Amount Of $27,500.00, For Youth Services Provided In Connection With The Oakland High School Career Pathway And Community Collaborative At Fremont High School And Castlemont High School
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:
14 Subject: Zero Waste System Request For Proposals From: Public Works Agency Recommendation: Adopt A Resolution Adopting Zero Waste System Request For Proposals: Proposal Evaluation Criteria And Weighting, Waiver Of Arizona Policy, Method For Adjusting Customer Rates, Diversion Performance Measurement, And Continued Participation In Alameda County Measure D
City Resolution
Action: Adopted as Amended Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Schaaf, that this matter be Adopted as Amended to approve all recommendations except the waiver of Arizona policy (Resolution 82727 C.M.S.) which urges city departments from entering in to contracts with companies with headquarters in Arizona. The committee directed staff to return to the April 24, 2012 Public Works Committee with alternatives to waiving this restriction. The motion carried by the following vote:
15 Subject: Draft Preferred Plan - Lake Merritt BART From: Department Of Planning And Neighborhood Preservation Recommendation: Action On A Report On The Draft Preferred Plan For The Approximate Half Mile Area Surrounding The Lake Merritt BART Station, Which Contains Concepts And Strategies For Land Use, Open Space, Affordable Housing, Historic Preservation, Circulation, Streetscape, And Building Heights; And Will Be The Basis For A Draft Station Area Plan, Which Will Be Studied In An Environmental Impact Report (EIR)
Report and Recommendation
Action: Approve with the following amendments Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Schaaf, that this matter be Approve with the following amendments as amended by the March 27, 2012 Community and Economic Development Committee that 1. Directs staff to develop a short-term community benefit program with the following components: · List the community's desired community benefits, their cost and possible funding mechanisms · Develop a bonus incentive program utilizing Floor Area Ratio (FAR) and/or height to encourage the provision of community benefits; and · State that the goal for all projects over a certain size should be to include one or more of the desired community benefits, if the project can be built with a reasonable rate of return and make a reasonable profit · Clearly articulate the next steps necessary to establish a long-term community benefit program (including a timeline for completion). This should include a schedule for applying for grants (for nexus studies) to implement additional funding mechanisms, such as impact or in-lieu fees, a Community Facilities District, Community Benefits District, or Business Improvement District; and to implement lighting and streetscape improvements. 2. Direct staff to clearly define the future entitlement process, and that the BART project will be subject to City review under that future entitlement process. AND FURTHER AMENDED BEFORE COMMITTE TO: 1. The second bullet point "encourage" should be changed to "linked" to create a more firm policy 2. The height limit in BART areas will be set at 270 feet 3. The short-term plan is to stay in place until the long term plan is implemented and further approved BEFORE THE CITY COUNCIL to 1) Direct staff to develop a short-term community benefit program to be included in the Final Lake Merritt BART Station Area Plan with the following components: - List the community"S desired community benefits, their cost and possible funding mechanisms - Develop a bonus and incentive program utilizing Floor Area Ration (FAR) and/or Height to link the provision of community benefits where staff will work with the community on establishing proportional formulas for project contributions to community benefits; and - State that the goal for all projects over a certain size should be to include one or more the desired community benefits. The economic feasibility of the development project shall be a determining factor in arriving at the amount of community benefits to be provided by a particular project. - The short-term community benefits plan shall remain in place until the long-term plan for community benefits has been adopted by the City Council. 2) Direct staff to develop elements of a long-term community benefits plan, clearly articulating a time line for next steps, including completion of nexus studies. The plan should include a menu of mechanisms for funding community benefits such as impact or in-lieu fees, incentive programs based on FAR or balding height, a Community Facilities District, Community Benefits District, or Business Improvement District. 3) Direct staff to clearly define that all "large projects", such as the BART project, shall be subject to appropriate CEQA review and require submittal of a Major Conditional Use Permit application, among any other required permits under the City's entitlement process. Staff will work with the community on establishing a definition of "large project" in the Lake Merritt Plan area for incorporation into the Lake Merritt Station plan. 4) Direct staff to specify that no development will be allowed over 275 feet without the provision of additional community benefits in return for additional building size as part of a bones and incentive program. The motion carried by the following vote:
16 Subject: ROPS And Successor Agency Administrative Budget Submission From: Office Of Neighborhood Investment Recommendation: Adopt A Resolution Approving The Submission Of Recognized Obligation Payment Schedules And Successor Agency Administrative Budgets For January/February Through June 2012 And For July Through December 2012 To The County Auditor-Controller, Oversight Board, And/Or The State
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kaplan, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
17 Subject: FY 2011 - 13 Budget Amendment - Army Base Staff From: Office Of Neighborhood Investment Recommendation: Adopt A Resolution Amending The City Of Oakland's Fiscal Year 2011- 2013 Biennial Budget, Which Was Adopted Pursuant To Resolution No. 83693 C.M.S. On January 31, 2012, To Use $873,497 Of Army Base Lease Revenues To Reinstate Specified Staff Positions To Support Army Base Development
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Kaplan, 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
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.
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM 8:30AM TO 5:00PM

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