Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, November 15, 2005
1
Pledge of Allegiance
2
Roll Call / ORA & Council
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
non-consent item. (Motion Maker must have voted on prevailing side) |
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee |
but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council held on November 1, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Voting Rights Act Of 1965 - Reauthorization |
From: Councilmember Brooks |
Recommendation: Adopt A Resolution Supporting Reauthorization Of The Voting |
Rights Act Of 1965 |
8.2
Subject: Declaring December 1st As Rosa Parks Day |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Honoring The 50th Anniversary Of Rosa Parks' |
Historic Refusal To Give Up Her Bus Seat And Declaring December 1st Rosa Parks Day |
8.3
Subject: Planning Committee Appreciation |
Recommendation: A Presentation To Members Of The Planning Committee For The 5th |
Annual Small Business Symposium Held September 29, 2005 |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
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 |
With Regard To The AIDS Epidemic |
10.2-CC
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 |
10.3-CC
Subject: Environmental Protection Agency - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Settle The Claims Of The United States Environmental Protection Agency, California |
Department Of Fish And Game, California Department Of Toxic Substances Control |
And California Regional Water Quality Control Board Resulting From City's Disposal |
Of Hazardous Substances At The Casmalia Disposal Site In Santa Barbara County, |
California, Between 1987 And 1989 For A Total Sum Not To Exceed $11,500.00 (Public |
Works Agency, Oakland Fire Department And Oakland Police Department) |
10.4-CC
Subject: Tatanisha Prescott - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Tatanisha Prescott And The Attorney Of Record, |
Ross Meltzer, In The Amount of $17,000, As A Result Of Bodily Injury Sustained In An |
Auto Collision Involving A City Of Oakland Vehicle On April 25, 2003 (Public Works |
Agency) |
10.5-CC
Subject: Cornelius Investment Group - Agreement |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To |
Sell To Cornelius Investment Group, LLC, The Adjoining Property Owner |
Approximately 4,350 Square Feet Of City Owned Surplus Real Property Located At |
Oakdale Avenue (APN# 037A-2785-006) For The Fair Market Value Of $85,000.00 |
Introduction (First Reading) was approved on November 1, 2005; 8 Ayes
S-10.6-CC
Subject: Sheffield Village Recreation Center ADA Improvement Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept And Appropriate Grant Funds From Stopwaste.Org's Green Building Design |
Resources Program For The Sheffield Village Recreation Center ADA Improvement |
Project (Project No. C259410) In An Amount Not To Exceed $30,000.00 |
The November 8, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.7-CC
Subject: FDC Construction - Contract |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her |
Designee, To Award A Construction Contract To FDC Construction, Inc. For The |
Montclair Recreation Center Renovation Project (G230130) In The Amount Of Four |
Hundred Thirty Three Thousand Dollars ($433,000.00) |
The November 8, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.8-CC
Subject: Prentiss Properties Acquisition Partners, L.P. - Revocable And Conditional |
Permit |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Granting Prentiss Properties Acquisition |
Partners, L.P., A Revocable And Conditional Permit To Allow A Basement Of A New |
Building At 2100 Franklin Street To Encroach Into The Public Right-Of-Way |
The November 8, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.9-CC
Subject: Prentiss Properties - Additional Permit |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Granting Prentiss Properties Acquisition |
Partners, L.P., A Revocable And Conditional Permit To Allow A Portion Of The Upper |
Floors Of A New Building At 2100 Franklin Street To Encroach Over The Public Right |
Of-Way |
The November 8, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
Subject: 800 Center LLC - Purchase And Sales Agreement |
From: Community And Economic Development Agency |
Recommendation: Approve The Introduction (First Reading) Of A City Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To |
Sell To 800 Center LLC, The Adjoining Properties Owner, Approximately 6,900 Square |
Feet Of City Owned Surplus Real Property Located At 1430 8th Street And 816 Center |
Street (APN# 004-0067-015 And APN# 004-0067-017) For The Fair Market Value Of |
$120,000.00 |
The November 8, 2005 Finance And Management Committee approved |
recommendations; 4 Ayes |
Final Passage (Second Reading) has been scheduled for December 6, 2005 |
10.11
NUMBER NOT USED
Subject: Oakland Fund For Children And Youth 2006-2008 Request For Proposals |
From: Department Of Human Services |
Recommendation: Action On A Report And Request For Approval Of The Fiscal Year |
2006-2008 Requests For Proposals For The Oakland Fund For Children And Youth |
The November 8, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
Subject: Tire-Derived Product Grant Program |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept And Appropriate Grant Funds Up To The Amount Of $100,000.00 From |
The Tire-Derived Product (TDP) Grant Program Of The California Environmental |
Protection Agency Integrated Waste Management Board (CIWMB) For Recycled Rubber |
Surfacing At Selected Park Playgrounds And Tots Lots |
The November 8, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
Subject: Urban Search And Rescue |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept |
And Appropriate Thirty Five Thousand Nine Hundred Seventy Eight Dollars And 28 |
Cents ($35,978.28) From The State Of California Office Of Emergency Services To |
Reimburse The City For Training And Equipment Costs Incurred By The Oakland Fire |
Department Urban Search And Rescue (USAR) Team For A Mobilization Exercise |
The November 8, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
Subject: Electronic Crime Task Force |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept |
And Appropriate A Maximum Of Eighteen Thousand Dollars ($18,000) In Federal |
Funds From The Department Of Homeland Security, United States Secret Service |
(USSS) To The Oakland Police Department For The Overtime Costs Of One (1) Police |
Officer Assigned To The Electronic Crime Task Force (ECTF) For The Period Of |
October 1, 2005 To September 30, 2006 And An Additional Fifteen Thousand Dollars |
($15,000) In Federal Funds From The Department Of Homeland Security, United States |
Secret Service (USSS), To The Oakland Police Department For The Overtime Cost Of |
One (1) Police Officer Assigned To The Electronic Crime Task Force (ECTF) From |
October 1, 2004 To September 30, 2005 |
The November 8, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
Subject: Tobacco Control Enforcement Project |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept |
And Appropriate Grant Funds In The Amount Of Twenty-Five Thousand Dollars |
($25,000) From The Alameda County Public Health Department, Tobacco Control |
Program, For A Tobacco Control Enforcement Project By The Police Department From |
November 1, 2005 To May 31, 2006 And Authorizing The Department To Enter Into A |
Contract For Services With The Alameda County Public Health Department For |
Implementation Of This Initiative |
The November 8, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
Subject: Management Health Network (MHN) - Agreement |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing A Waiver Of The City Of Oakland's |
Local And Small Local Business Enterprise Program Provision Relative To A |
Professional Services Agreement In An Amount Not To Exceed Sixty-Six Thousand One |
Hundred Seventy-Three Dollars And Twenty-Eight Cents ($66,173.28) With Managed |
Health Network (MHN) For The Period Of July 1, 2005 To June 30, 2006, For A |
Counseling Program For Sworn Members Of The Police Department And Their |
Dependents |
The November 8, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Montclair Business Improvement District - Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Confirming The Annual Report Of The Montclair Business District Advisory Board |
And Levying The Annual Assessment For The Montclair Business Improvement District |
For Fiscal Year 2006-2007 |
14.2
Subject: Rockridge Business Improvement District- Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Confirming The Annual Report Of The Rockridge Business Improvement District |
Advisory Board And Levying The Annual Assessment For The Rockridge Business |
Improvement District For Fiscal Year 2006-2007 |
14.3
Subject: Arcadia Park Residential Project - Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
Following Pieces Of Legislation: |
1) A Resolution Denying The Appeal And Sustaining The City Planning Commission |
Decisions To Certify The Environmental Impact Report And Approve The 366-Unit |
Arcadia Park Residential Project Located At The Intersection Of 98th Avenue And San |
Leandro Street; |
2) A Resolution Amending The General Plan Land Use Designation For The 366-Unit |
Arcadia Park Residential Project Site, Located At The Intersection Of 98th Avenue And |
San Leandro Street, From General Industrial/Transportation To Housing And Business |
Mix; |
3) An Agency Resolution Approving And Recommending Adoption Of The Fourth |
Amendment To The Coliseum Area Redevelopment Plan Amending The Land Use |
Designation For The 366-Unit Arcadia Park Residential Project Site, Located The |
Intersection Of 98th Avenue And San Leandro Street, From Manufacturing To Housing |
And Business Mix; |
4) Approve The Introduction (First Reading) Of An Ordinance Adopting The Fourth |
Amendment To The Coliseum Area Redevelopment Plan Amending The Land Use |
Designation For The 366-Unit Arcadia Park Residential Project Site, Located At The |
Intersection Of 98th Avenue And San Leandro Street, From Manufacturing To Housing |
And Business Mix |
Final Passage (Second Reading) has been scheduled for December 6, 2005
5) Approve The Introduction (First Reading) Of An Ordinance Rezoning The 366-Unit |
Arcadia Park Residential Project Site, Located At The Intersection Of 98th Avenue And |
San Leandro Street, From The M-30 General Industrial Zone To The R-30 One-Family |
Residential Zone And R-50 Medium Density Residential Zone |
Final Passage (Second Reading) has been scheduled for December 6, 2005
14.4
Subject: Rent Adjustment And Enterprise Zone Hiring Credit Voucher |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) An Ordinance Amending Ordinance Number 12676 C.M.S. |
(Master Fee Schedule), As Amended To Modify Rent Adjustment And Enterprise Zone |
Hiring Credit Voucher Fees Assessed By The Community And Economic Development |
Agency |
Final Passage (Second Reading) has been scheduled for December 6, 2005
S-14.5
Subject: Resources For Community Development - Disposition And Development |
Agreement |
From: Community Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Sale Of Real Property Located On Portions |
Of The Block Bounded By San Pablo Avenue, 18th Street, 19th Street, And Telegraph |
Avenue, Adjacent To The Fox Theater To Resources For Community Development For |
Its Development As Affordable Housing, Authorizing A Predevelopment And |
Development Loan For The Project In An Amount Not To Exceed $2,864,400, And |
Authorizing A Disposition And Development Agreement For The Project |
2) A Resolution Approving The Sale Of Real Property Located On Portions Of The |
Block Bounded By San Pablo Avenue, 18th Street, 19th Street, And Telegraph Avenue, |
Adjacent To The Fox Theater To Resources For Community Development For Its |
Development As Affordable Housing |
The November 8, 2005 Community and Economic Committee took no |
action on this item; however due to time sensitivity expressed by staff, this |
item was forwarded to the full council |
Pursuant to Rule 28 of the Rules of Procedure, Resolution Number 79006, |
this item was added to the agenda |
Pursuant to Section 2.20.080 E(2) of the Sunshine Ordinance that there is a |
need to take immediate action on item S-14.5, which came to the attention |
of the local body after the agenda was posted, and that the need to take |
immediate action is required to avoid a substantial adverse impact that |
would occur if the action were deferred to a subsequent special or regular |
meeting |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote |
S-14.6
Subject: Design, Community & Environment/Wolfe Mason Associates - Contract |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Agency |
Resolution Authorizing A Contract With Design, Community & Environment/Wolfe |
Mason Associates In An Amount Not To Exceed $250,000 To Prepare Design And |
Engineering Documents For The Foothill Streetscape Improvement Project In The |
Fruitvale Area And Appropriating Funds For This Purpose From The Central City East |
Redevelopment Project Area Funds, And Amending The Central City East |
Implementation Plan To Increase The Funding Amount Designated For The Foothill |
Boulevard And Fruitvale Avenue Area From $125,000 To $330,000 |
The November 8, 2005 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
Subject: 230 Bay Place - Revocable And Conditional Permit |
From: Community And Economic Development Agenda |
Recommendation: Adopt A Resolution Granting Bond CC Oakland, LLC, A Revocable |
And Conditional Permit To Allow A Temporary Soil Shoring System For A New |
Building At 230 Bay Place To Encroach Under Vernon Street |
16
Subject: Housing, Residential Rent And Relocation Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Bob McClain As A Member Of The |
Housing, Residential Rent And Relocation Board |
This item has been withdrawn with no new date
17
Subject: Board Of Port Commissioners - Appointments |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Mark McClure And Re-appointing |
Anthony Batarse, Jr. As Members Of The Board Of Port Commissioners |
This item was rescheduled from the November 1, 2005 City Council |
Agenda |
18
Subject: Housing, Residential Rent And Relocation Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Ricardo Hunter As A Member Of |
The Housing, Residential Rent And Relocation Board |
This item was rescheduled from the November 1, 2005 City Council |
Agenda |
This item has been withdrawn with no new date |
S-19
Subject: First-Time Homebuyer Mortgage Assistance Program Modification |
From: Community And Economic Development Agenda |
Recommendation: Adopt A Resolution Authorizing Modification To The |
Repayment Terms For First-time Homebuyer Mortgage Assistance Program Loans |
Funded Prior To April 2001, To Reduce The City's Equity Share For Each Year The |
Borrower Occupies The Property |
The November 8, 2005 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
S-20
Subject: Bordertown Skate Park - Agreement |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) Approve The Introduction (First Reading) Of An Ordinance Adding The Chapter 5 Of |
The Oakland Municipal Code, Entitled Business Licenses And Regulations, New Section |
5.90.010 Through 5.90.040 (Or Other Appropriate Section Numbering) Relating To |
Regulation Of Skate Park Facilities |
The November 8, 2005 Community and Economic Development Committee |
approved recommendations as amended; 4 Ayes |
Final Passage (Second Reading) has been scheduled for December 6, 2005 |
REFER TO ITEM S-10.11CC AND S-10.11-2CC IN THE PACKET FOR |
BACK-UP MATERIAL |
2) Approve The Introduction (First Reading) Of An Ordinance Authorizing A Sublease |
Agreement With Border Town Skate Park, Inc., For The Sole And Exclusive Purpose Of |
Operating A Skate Board Park Located Under State Highway 580 At The North Western |
End Of Louise Street, Oakland, For $100.00 For The Term Of The Lease, Plus Provision |
Of Regular Litter Cleanup Services For The State Department Of Transportation For A |
Term Of Thirty (30) Months, With An Option For One Thirty (30) Month Extension |
The November 8, 2005 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
Final Passage (Second Reading) has been scheduled for December 6, 2005 |
REFER TO ITEM S-10.11CC AND S-10.11-2CC IN THE PACKET FOR |
BACK-UP MATERIAL |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by |
Majority Vote of the Council) |
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ORA - Oakland Redevelopment Agency |