*Special Concurrent Meeting of the Oakland Redevelopment Agency/City Council

Tuesday, November 9, 2010 · 5:30 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Passed The Consent Agenda
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Pledge of Allegiance
Roll Call / ORA & Council COUNCIL MEMBERS: Patricia Kernighan, Dist. 2; Nancy Nadel, Dist. 3; Jean Quan, Dist. 4; Ignacio De La Fuente, Dist. 5; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Rebecca Kaplan, At-Large, and President Jane Brunner, Dist. 1
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: Oakland Municipal Academy From: Councilmember Kernighan Recommendation: Adopt A Resolution Recognizing The First Graduating Class Of The City Of Oakland's Oakland Municipal Academy
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
4.2 Subject: Lincoln Elementary - Commendation From: Office of Councilmember Kernighan Recommendation: Adopt A Resolution Commending Lincoln Elementary School For Its Selection As A 2010 National Blue Ribbon School Award Honoree By the United States Department Of Education
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
5 APPROVAL OF THE DRAFT MINUTES FROM THE CONCURRENT MEETING OF THE OCTOBER 19, 2010

Action: Approve as Submitted
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 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: Jose Buenrostro, Sr., Et Al. V. City Of Oakland, Et Al., From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Jose Buenrostro, Sr., Et Al. V. City Of Oakland, Et Al., United States District Court Case No. 009-00786-JSW, City Attorney's File No. 26782, In The Amount Of Five Hundred Thousand Dollars And No Cents ($500,000.00) As A Result Of A Civil Right Action Alleging Wrongful Death Action (Oakland Police Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.4 Subject: Maria Avelar V. City Of Oakland, From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Maria Avelar V. City Of Oakland, Alameda County Superior Court Case No. RG08-414228, In The Amount Of $15,000.00 As A Result Of An Alleged Dangerous Condition Of Public Property In The Street At 15th Avenue And East 21st Street July 4, 2007 (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.5 Subject: Annual Assessment - Rockridge Improvement District From: Community And Economic Development Agency Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2011-2012 For The Rockridge Business Improvement District, Approving The Annual Report Of The Rockridge Business Improvement District Advisory Board, And Scheduling A Public Hearing For December 7, 2010
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.6 Subject: Annual Assessment - Montclair Business Improvement District From: Community And Economic Development Agency Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal Year 2011-2012 For The Montclair Business Improvement District, Approving The Annual Report Of The Montclair Business Improvement District Advisory Board, And Scheduling A Public Hearing For December 7, 2010
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.7 Subject: Exclusive Negotiating Agreement Deposit - Sunfield Development From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Amending Resolution No. 2010-0093 C.M.S. To Reduce The Exclusive Negotiating Agreement Deposit Requirements With Sunfield Development, LLC From $50,000 To $25,000 For The Foothill And Seminary Development Opportunity Site
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.8 Subject: Temporary Construction Easements - 42nd/High Improvement Project From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Authorizing The City Administrator Or His Designee To Acquire Property Rights, Including Fee Interests, Permanent Easements, And Temporary Construction Easements, For Ten Parcels For The 42nd Avenue And High Street Access Improvement Project Without Returning To Council
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.9 Subject: Chabot/OUSD Conditional Assignment Agreement From: Community and Economic Development Agency Recommendation: Adopt A City Ordinance Authorizing The City Administrator To Negotiate And Execute A Conditional Assignment Agreement With The Chabot Space And Science Center ("Chabot") And The Oakland Unified School District (The "District") To: (1) Subordinate The City's Right To Assume The Ground Lease For The Property; And (2) Consent To A Restructuring Of The District's Loan To Chabot
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.10 Subject: California Model Housing Code Amendments From: Community And Economic Development Agency Recommendation:Adopt An Ordinance Adopting Local Amendments To The 2010 Edition Of The California Housing Law, California Code Of Regulations (CCR), Title 25, Division 1, Chapter 1, Subchapter 1, Division 32, And Amending Oakland Municipal Code Chapter 15.08
Ordinance
Action: Approved as Amended on Introduction for Final Passage Passed

A motion was made to Approved as Amended on Introduction for Final Passage on the Consent Agenda.
7.11 Subject: California Model Building Codes - Amendments From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Adopting Local Amendments To The 2010 Editions Of The California Model Building Codes, California Code Of Regulations (CCR), Title 24, Part 2 (Building), Part 2.5 (Residential), Part 3 (Electrical), 4 (Mechanical), And 5 (Plumbing), Part 6 (Energy), And Part 11 (Green Building), And Amending Oakland Municipal Code Chapter 15.04
Ordinance
Action: Approved as Amended on Introduction for Final Passage Passed

A motion was made to Approved as Amended on Introduction for Final Passage on the Consent Agenda.
7.12 Subject: Medical Cannabis Cultivation Permit Fee From: Councilmembers Kaplan and Reid Recommendation: Adopt An Ordinance Amending The Master Fee Schedule (Ordinance Number 9336, As Amended) To Establish A Medical Cannabis Cultivation Permit Application Fee Of $5,000 And An Annual Medical Regulatory Fee Of $211,000 For Permitted Medical Cannabis Cultivation Facilities
Ordinance
Action: Approved for Final Passage Passed

This Ordinance was Approved for Final Passage.
7.13 Subject: Rent Relief To Oakland Golf LLC From: Office Of Parks And Recreation Recommendation: Adopt A Resolution To Approve Fifty Percent (50%) Of The Minimum Rent Relief To Oakland Golf LLC For The Operation Of The Metropolitan Golf Links During Fiscal Year July 1, 2010 Through June 30, 2011 In The Amount Of $138,103 As Authorized In The First Sublease And Operating Agreement Approved By Resolution No. 81274 C.M.S. On May 6, 2008
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.14 Subject: Authorizing Sale Of 319 Chester Street From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Ordinance Authorizing The Sale Of A City-Owned Parcel At 319 Chester Street To The Alliance For West Oakland Development For The Purchase Price Of $94,000.00, Authorizing Seller Financing For The Purchase Price, Authorizing A $400,000.00 Construction Loan, And Authorizing A Disposition And Development Agreement With The Developer To Develop The Parcel With A Two-Family Home
Ordinance
7.15 Subject: Rehabilitate And Stabilize Wallace Street Properties From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Amending Resolution No. 2008-0087 C.M.S.To Rescind A Contribution Of Central City East Redevelopment Funds In The Amount Of $500,000 To The City Of Oakland Under The Cooperation Agreement For Engineering And Slope Stabilization Work At 2621, 2631, And 2633 Wallace Street; And Reallocating Such Funds To A Grant To The Adjoining Property Owners, James G. Gong And Ying S. Gong, In An Amount Not To Exceed $500,000 Under An Owner Participation Agreement To Perform Such Work; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10-0106-1 2) A Resolution Amending Resolution Number 81550 C.M.S. To Return A Contribution Of Remaining Redevelopment Funds In The Amount Of $500,000 For Engineering And Slope Stabilization Of Properties Located At 2621, 2631, And 2633 Wallace Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.16 Subject: East Bay Task Force On Human Trafficking From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Grant Funding In The Amount Not To Exceed One Hundred Thousand Dollars ($100,000) From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Fiscal Year 2010 Law Enforcement Response To Human Trafficking Grant Program For Continued Implementation And Operation Of The East Bay Task Force On Human Trafficking In The Police Department
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.17 Subject: Parking Access & Control Systems - Lease Agreement From: Finance And Management Agency Recommendation: Adopt A Resolution Awarding A Lease Financing To Chase Equipment Finance, Inc. In An Amount Not-To-Exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) To Acquire Parking Access And Control Systems And Authorizing The Execution And Delivery Of A Lease Purchase Agreement, Escrow Agreement And Related Documents
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.18 Subjec: Wildfire Prevention Assessment- District 1 Appointment From: Council President Brunner Recommendation: Adopt A Resolution Appointing David Kessler As The District 1 Representative To The Wildfire Prevention Assessment District (WPAD) Advisory Board For The Seat Previously Held By Robert Sieben, For The Term Beginning April 30, 2009 To May 1, 2011
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.19 Subject: Chabot Space And Science Center - Board Apppointment From: Council President Brunner Recommendation: Adopt A Resolution Appointing Marisol Lopez As A Member Of The Chabot Space And Science Center Board Of Directors For The Term Beginning January 1, 2011 And Ending December 31, 2014
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.20 Subject: Wildfire Prevention Assessment District Appointment From: Office Of Council President Brunner Recommendation: Adopt A Resolution Appointing Dr. Robert Sieben As A District 1 Representative On The Wildfire Prevention Assessment District For The Seat Previously Held By Barry Pilger, For The Term Beginning July 1, 2010 And Ending June 30, 2014
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.21 Subject: Violence Prevention And Public Safety Oversight Committee From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Brandon Sturdivant And Nyeisha Dewitt As Members Of The Violence Prevention And Public Safety Oversight Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.22 Subject: Community Policing Review Board Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Victor Littles And Sarah Lynne Cohen As Members Of The Citizen's Police Review Board
City Resolution
7.23 Subject: Housing, Residential Rent And Relocation Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Craig Castellanet And Gregory Minor As Members Of The Housing, Residential Rent And Relocation Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.24 Subject: Budget Advisory Committee Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Nicolas C. Heidorn As A Member Of The Budget Advisory Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.25 Subject: Public Ethics Commission Appointment From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Amy V. Dunning As A Member Of The Public Ethics Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.26 Subject: Business Tax Board Of Review Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointments Of David Jones, Sabrina Jones, Charles R. "Chip" Conradi, And Sabrina Landreth As Members Of The Business Tax Board Of Review
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.27 Subject: Wildfire Prevention Assessment District Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Dinah Benson And Reappointing Delores McDonough As Members Of The Wildfire Prevention And Assessment District Advisory Board
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.28 Subject: Oakland Housing Authority Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Janny Castillo And Adhi Nagraj And The Reappointment Of Moses Mayne Jr. As Members Of The Oakland Housing Authority Board Of Commissioners
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.29 Subject: Head Start Advisory Panel Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Robert Beggs And Dr. Linda Perez As Members Of The Head Start Advisory Panel
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.30 Subject: Travel Authorization From: Office of Councilmember Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Denver, Colorado To Attend The National League Of Cities' Congress Of Cities And Exposition From November 30, 2010 To December 4, 2010
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.31 Subject: Rate Increase - California State University System From: Councilmember Reid Recommendation: Adopt A Resolution Opposing The Proposed 15% Rate Increase For The California State University System
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
7.32 Subject: Travel Authorization From: Office Of Council President Brunner Recommendation: Adopt A Resolution Authorizing Council President Jane Brunner To Travel To Baltimore, MD And Washington D.C. For The Young Elected Officials Policy Academy On Foreclosure & Neighborhood Stabilization On December 2 & 3, 2010
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 to Approve as Submitted the report of the City Attorney of no final decisiosn and non-confidential discussion in 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 Tall Monopole Wireless Telecommunications Facility - Appeal From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying Appeal No. A10223 And Upholding The Decision Of The Planning Commission To Deny Case No. CM10131 For A 41'-5"-Tall Monopole Wireless Telecommunications Facility In The Open Space Zone Section Of Public Right-Of-Way On Skyline Blvd. North Of The Roberts Park Street Entrance
City Resolution
Action: Adopted Passed

A motion was made, seconded by Councilmember Brooks, that this matter be Adopted and directing staff to return with a rental policy. The motion carried by the following vote:
9.2 Subject: Wireless Telecommunications Facility - Skyline Blvd. From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying Appeal No. A10224 And Upholding The Decision Of The Planning Commission To Deny Case No. CM10140 For A 36'-4"-Tall Monopole Wireless Telecommunications Facility In The Open Space Zone Section Of Public Right-Of-Way On Skyline Blvd. North Of The Chabot Space And Science Center Street Entrance
City Resolution
Action: Adopted Passed

A motion was made, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10 Subject: Medical Marijuana Cultivation Facility From: Office Of The City Administrator Recommendation: Action On A Report Regarding Proposed Request For Permit Applications (RFPA) To Operate A Medical Cannabis Cultivation Facility Pursuant To Oakland Municipal Code Chapter 5.81
Report and Recommendation
Action: Approved as Amended Passed

A motion was made, seconded by Councilmember Kaplan, that this matter be Approved as Amended to the application to require the collection of business taxes since the inception of the business be paid at the time of application for a new permit, with approval of Option B. The motion carried by the following vote:
11 Subject: Medical Cannabis Dispensaries From: Councilmembers Reid And Kaplan Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 5.80 "Medical Cannabis Dispensary Permits" To Increase The Total Number Of Dispensary Permits From Four (4) To Eight (8), And Increase Fees, Delete And Move Section 5.80.90 "Performance Standards" To City Administrator Guidelines, And Add Appeal Timeline
Ordinance
Action: Approved As Amended On Introduction and Scheduled for Final Passage Passed

A motion was made to Approved As Amended On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the December 7, 2010 meeting to correct the numbering of section 5.80.090 to read 5.80.100 and directing staff to return to council for the approval of Section C. The motion carried by the following vote:
12 Subject: Implementation Of The Municipal Identification Card From: Offices Of The City Clerk, Councilmembers Quan And De La Fuente Recommendations: Action On A Report And Recommendations Regarding The Responses To The RFQ To Implement A Program To Issue A Municipal Identification Card With Additional Financial And City Systems Card Services Components
Report and Recommendation
Action: Approved Passed

A motion was made, seconded by Councilmember Quan, that this matter be Approved. The motion carried by the following vote:
13 Subject: Central City East Homeownership Rehabilitation Program From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Amending Resolution No. 2006-0036 C.M.S. To Modify The Central City East Homeownership Rehabilitation Program (CCEHRP) To Include Interior And Structural Repairs And Increase The Maximum Loan Amount From $75,000 To $150,000, And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency;
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
10-0097-1 2) An Agency Resolution Adopting The West Oakland Vacant Housing Acquisition/ Rehabilitation/ New Construction Program, And Allocating $735,000 For The Program From Fiscal Year 2010-2011 Low And Moderate Income Housing Funds And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency;
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
10-0097-2 3) An Agency Resolution Adopting The West Oakland Automatic Gas Shut-Off Valve Program, And Allocating $210,000 For The Program From Fiscal Year 2010-2011 Low And Moderate Income Housing Funds And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency; And
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
10-0097-3 4) An Agency Resolution Adopting The West Oakland Owner Rehabilitation Program, And Allocating $1,939,000 For The Program From Fiscal Year 2010-2011 Low And Moderate Income Housing Funds And Authorizing The Agency Administrator To Make Loans For The Program Without Returning To The Agency
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
14 Subject: Rehabilitation of 8603 and 8701 Hillside Street From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation Agreement With Alvernaz Partners, LLC, For The Rehabilitation Of 8603 And 8701 Hillside Street In The Central City East Redevelopment Project Area, Including Agency Funding In An Amount Not To Exceed $275,000.00, And Rescinding Agency Resolution No. 2009-0091 C.M.S. Authorizing Previous Funding For The Project
City Resolution
Action: Adopted Passed

A motion was made 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)
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City Resolution
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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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