Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council |
City of Oakland
Online Meeting Agenda
Oakland, California |
94612 |
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, January 20, 2004
Pledge of Allegiance
1
Roll Call / ORA & Council |
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; Jean |
Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang, At-Large, |
and President Ignacio De La Fuente, Dist. 5 |
2
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
3
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. |
4
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) |
5
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. |
6
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on January 6, 2004 |
7
8. PRESENTATION OF CEREMONIAL MATTERS
Subject: Fifth Annual Oakland/San Leandro Job Fair |
Recommendation: A Presentation of Certificate of Appreciation to the |
employers that participated in the Fifth Annual Oakland/San Leandro Job Fair |
8.1
At the January 15, 2004 Rules and Legislation Committee meeting, this item was |
withdrawn and rescheduled to the February 3, 2004 City Council agenda |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
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 |
10.1CC
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 |
10.2CC
Subject: Benjamin Fay - Budget Advisory Committee |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Benjamin Fay as a member |
and Chairperson of the Budget Advisory Committee |
10.3CC
Subject: Thomas H. Doctor - Budget Advisory Committee |
Recommendation: Adopt a Resolution appointing Thomas H. Doctor as a |
member of the Budget Advisory Committee |
10.4CC
Subject: Robert A. Brown - Oakland-Alameda County Coliseum Authority |
Board |
From: President De La Fuente |
Recommendation: Adopt a Resolution reappointing Robert A. Brown as a |
member of the Oakland-Alameda County Coliseum Authority Board of |
Commissioners |
10.5CC
Subject: Floyd Armbrester - 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 Floyd Armbrester, et al v. City of |
Oakland, et al., United States District Court Case No. C 02 2102 JSW, our file |
number 21977, in the amount of $13,500.00, This case involves use of |
excessive force (Oakland Police Department-Alleged Civil Rights Violation) |
10.6CC
Subject: Jamalia Brown - 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 Jamalia Brown v. City of |
Oakland, et al., United States District Court Case No. C 03 0526 JL, our file |
number X01748, in the amount of $45,000.00, This case involves a claim of |
10.7CC
false arrest (Oakland Police Department-Alleged Civil Rights Violation) |
Subject: BRASS Budgeting Software |
From: Office of the City Manager |
Recommendation: Adopt a Resolution authorizing the City Manager to amend, |
extend, and execute a contract with American Management Systems, Inc. for |
the 2004 calendar year for an amount not to exceed $50,000 to perform |
maintenance services and consultation related to the City's BRASS Budgeting |
Software |
10.8CC
The January 13, 2004 Finance and Management Committee approved |
recommendations; 3 Ayes 1 Excused - De La Fuente |
Subject: Urban Area Security Initiative Implementation |
From: Office of the City Manager |
Recommendation: Adopt a Resolution to grant the Interim City Manager the |
authority for funding acceptance, appropriation and spending, and to award |
contracts for the Fiscal Year 2003-2004 Urban Area Security Initiative Program |
10.9CC
Revised Recommendation: The January 13, 2004 Finance and Management |
Committee directed staff to revise the resolution to add the following language to the |
last further resolved: "before the working group votes". 3 Ayes 1 Excused - De La |
Fuente |
Subject: Oakland Private Industry Council |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution amending Resolution Number 77297 C. |
M.S. to authorize the deferral for one year of a competitive bidding process for |
the Oakland Workforce Investment Board's One Stop Systems Administrator |
and One Stop Career Center Operator, and authorize the City Manager to |
renegotiate and extend the contract with the Oakland Private Industry Council |
through Fiscal Year 2004-2005 |
Revised Recommendation: The January 13, 2004 Community and Economic |
Development Committee directed staff to amend the resolution to incorporate staff's |
proposed terms in the renegotiation of the contract. 3 Ayes, 1 Excused - De La Fuente |
Subject: Johanna Favrot Fund Historic Preservation Grant |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution requesting approval to apply for, accept |
if awarded, and appropriate the Johanna Favrot Fund for Historic Preservation |
Matching Fund Grant through the National Trust for Historic Preservation for an |
award of between $2,500 and $10,000 |
The January 13, 2004 Community and Economic Development Committee approved |
recommendations; 3 Ayes 1 Excused - De La Fuente |
Subject: Woodminster Amphitheater |
From: Office of Parks and Recreation |
Recommendation: Adopt a Resolution authorizing the City Manager to execute |
an agreement with Producers Associates, Inc. to provide musical theater at |
Woodminster Amphitheater for a 5-year term beginning January 1, 2004 and |
ending December 31, 2008 |
Revised Recommendation: The January 13, 2004 Life Enrichment Committee directed |
staff to amend the resolution to include annual reviews of the calendar and performance |
schedule; retention of staff's authority to negotiate the schedule and calendar; and |
rescheduling of floor removal to provide for more performance time in September 2004. |
4 Ayes |
Subject: California Library Literacy and English Acquisition Services Program |
From: Oakland Public Library |
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
of the City of Oakland, to apply for, accept, and appropriate a grant in the |
amount of $90,201 from the California Library Literacy and English Language |
Acquisition Services Program for Fiscal Year 2003-2004 |
The January 13, 2004 Life Enrichment Committee approved recommendations; 4 Ayes
Subject: Public Art Annual Plan |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution to adopt the Public Art Annual Plan for |
Calendar Year 2004 |
The January 13, 2004 Life Enrichment Committee approved recommendations; 4 Ayes
Subject: Ernest Jolly, Rick Moss, and Cherie Newell - Public Art Advisory |
Committee |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution approving the appointment of Ernest |
Jolly, Rick Moss, and Cherie Newell to the Cultural Affairs Commission's Public |
Art Advisory Committee |
The January 13, 2004 Life Enrichment Committee approved recommendations; 4 Ayes
Subject: Parental Stress Service |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
of the City of Oakland, to negotiate and execute a one-year professional |
service contract in an amount not to exceed $40,000 between the City and |
Parental Stress Services, Inc. to provide mental health services to the Oakland |
Head Start Program and authorizing the City Manager to execute a one-year |
extension for an additional amount not to exceed |
The January 13, 2004 Life Enrichment Committee approved recommendations; 4 Ayes
Subject: Emergency Preparedness Audio/Visual Communication Equipment |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager to accept |
and appropriate nineteen thousand two hundred seventeen dollars and ninety- |
four cents ($19,217.94) from the Port of Oakland to the Police Department for |
the purchase of emergency audio/visual communications equipment, |
hardware, and related computer support |
The January 13, 2004 Public Safety Committee approved recommendations; 4 Ayes
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Mayoral Address to the City Council regarding the "State of the City"
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 to the |
Sunshine Ordinance |
12.1
Reconsideration of Ordinances pursuant to Charter Section 216
13
14. Consideration of items with statutory Public Hearing Requirements:
Subject: Underground Utility District No. 234: 48th Street - Public Hearing |
From: Public Works Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
Resolution establishing Underground Utility District No. 234: 48th Street, |
between Telegraph and Shattuck Avenues, to be funded under California |
14.1
Public Utilities Commission (CPUC) Rule 20B and pursuant to Ordinance |
number 7769 C.M.S. |
Subject: Tree Removal Appeal - 300 Elysian Fields Drive - Public Hearing |
From: Office of Parks and Recreation |
Recommendation: Conduct a continued Public Hearing and upon conclusion |
adopt a Resolution denying the appeal filed by Stephanie Y. Gandolfi against |
the decision of the Director of the Office of Parks and Recreation approving the |
issuance of tree removal permit number DR03-123 at 300 Elysian Fields Drive; |
District 7 |
14.2
Subject: Creation of Special Assessment Districts - Public Hearing |
From: Oakland Fire Department |
Recommendation: Conduct a continued Public Hearing and upon conclusion |
adopt a Resolution establishing the Oakland Wildfire Prevention Assessment |
District; accepting and granting final approval of the engineer's report and |
assessment district boundary map and description; making a determination |
with regard to the majority protest procedure for approval of the assessments; |
creating the district advisory board; and approving, adopting and levying the |
annual assessment for the district (TITLE CHANGE) |
14.3
At the January 6, 2004 City Council meeting, the public comment portion was closed |
and the Public Hearing was continued to January 20, 2004 for reporting of the ballot |
results and for Council to take action on the Resolution and formation of the |
Assessment District. |
Subject: Delinquent Business Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding the assessment of liens |
for Delinquent Business Taxes and upon conclusion adopt one of the following |
Resolutions: |
14.4
1) Adopt a Resolution accepting and confirming reports of the Interim City |
Manager on the costs incurred by the City of Oakland for delinquent business |
taxes and confirming the recordation of liens, administrative charges and |
assessment charges as necessary - pursuant to Title 5, Chapter 5.04 of the |
Oakland Municipal Code, and directing the notice of lien and assessment |
charges to be turned over to the County for collection; or |
2) Adopt a Resolution overruling protests and accepting and confirming |
reports of the Interim City Manager on the delinquent business taxes, and |
confirming the recordation of liens, administrative charges, and assessment |
charges as necessary, pursuant to Title 5, Chapter 5.04 of the Oakland |
Municipal Code, and directing the notice of lien and assessment charges to be |
turned over to the County Tax Collector for collection; or |
3) Adopt a Resolution continuing hearing on reports of the Interim City |
Manager on the delinquent business taxes, and confirming the recordation of |
liens, administrative charges and assessment charges, as necessary, pursuant |
to Title 5, Chapter 5.04 of the Oakland Municipal Code |
ACTION ON NON-CONSENT ITEMS:
Subject: City Owned Surplus Property |
From: Community & Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
authorizing the City Manager to enter into purchase and sale agreements for |
the sale of City owned surplus property from the negotiated sale to the |
following highest bidders: (APN 045-5304-057-02, 056 for $150,000) 98th and |
RJ Investments, LLC; and (APN 048d-7303-067 for $50,000 & APN 048d-7303 |
-068 for $50,000) Wayne Huey |
15
Final Passage (Second Reading) has been scheduled for February 3, 2004.
Subject: City Owned Surplus Property - Impartial Financial Analysis |
From: Office of the City Auditor |
15.1
Subject: City Council Rules and Procedures |
From: City Council Legislative Analyst and Office of the City Attorney |
Recommendation: Approve Recommendations regarding modifications to the |
City Council's meeting schedule and Rules of Procedure; and adopt a |
Resolution (1) repealing Resolution numbers 75563 and 76561 C.M.S., (" |
Repealed Resolutions") which established and amended the City Council's |
Rules of Procedure for the conduct of Council Meetings and code of ethics, |
and (2) establishing new rules of procedure for the conduct of City Council |
meetings, including but not limited to changes to (i) the order of business of |
Council meetings, (ii) committee and council procedures, (iii) powers of the |
Rules Committee, (iv) dates, times and frequency of regular Council and |
Committee meetings, and (v) procedures and time limits for public speakers, |
that were provided under the repealed resolutions. |
16
Subject: Central City East Redevelopment Project Area Committee |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution amending the formation procedures for |
the Central City East Redevelopment Project Area Committee to increase the |
number of community organization representatives from 12 to 16 |
organizations, and to designate the Central East Oakland Community |
Development District Board, the Elmhurst Community Development District |
Board, the Eastlake/San Antonio/Chinatown Community Development District |
Board, and the Melrose High Hopes Neighborhood Crime Prevention Council |
as additional community organizations |
17
Subject: Bertha Port Park |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
18
into an agreement with Trust for Public Land to accept a gift-in-place of design |
and construction services and equipment and materials valued at $350,000 for |
improvements to Bertha Port Park |
Time Sensitive: This item was forwarded directly to the Council agenda due to its time- |
sensitive nature as determined by the January 8, 2004 Rules and Legislation |
Committee. |
Subject: Permit, Enforcement, and Records Tracking System (PERTS) |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation regarding the purchase and |
installation of computer hardware and software and professional services for |
an integrated Permit, Enforcement, and Records Tracking System (PERTS) for |
a total amount not to exceed four million dollars ($4,000,000): |
(1) Adopt a Resolution authorizing the City Manager to negotiate and execute |
a contract with Municipal Software Corporation for professional services to |
provide, install, and license computer software for an integrated Permit, |
Enforcement, and Records Tracking System (PERTS) in an amount not to |
exceed seven hundred eighty thousand dollars ($780,000) |
19
(2) Adopt a Resolution authorizing the City Manager to negotiate and execute |
a contract with Xerox Global Services Corporation for professional services to |
provide, install, and license computer software and hardware for an integrated |
Permit, Enforcement, and Records Tracking System (PERTS) in an amount |
not to exceed two million eight hundred twenty thousand dollars ($2,820,000) |
(3) Adopt a Resolution authorizing the City Manager to amend the professional |
services agreements with Municipal Software Corporation and Xerox Global |
Services Corporation for changes in scope-of-work not to exceed a combined |
aggregate contract amount of three million six hundred thousand dollars ( |
$3,600,000) |
(4) Adopt a Resolution authorizing the City Manager to appropriate annual |
expected revenue of nine hundred ten thousand dollars ($910,000) to a new |
CEDA project from a new Technology Service Fee and from the increase in the |
collection of an existing Records Management Service Fee assessed by the |
Community and Economic Development Agency, and to increase the Fiscal |
Year 2003-2005 Expenditure Budget of the Building Services Division for the |
Permit, Enforcement, and Records Tracking System (PERTS) |
(5) Adopt a Resolution authorizing the City Manager to appropriate three |
hundred thousand dollars ($300,000) to upgrade the Sun/Unix Server, and to |
establish a Service Level Agreement between the Information Technology |
Division (IT) of the Finance and Management Agency and the Community and |
Economic Development Agency to support the integrated Permit, Enforcement, |
and Records Tracking System (PERTS) |
(6) Adopt an Ordinance amending Ordinance Number 12504 C.M.S. (Master |
Fee Schedule), as amended, to establish a new Technology Service Fee |
assessed by the Building Services Division of the Community and Economic |
Development Agency |
Final Passage (Second Reading) has been scheduled for February 3, 2004.
(7) Adopt a Resolution authorizing the City Manager to reallocate two million |
six hundred ninety thousand dollars ($2,690,000) of prior year unspent |
technology project appropriations, as approved as part of the Fiscal Year 2001- |
2003 Capital Improvement Program Budget within the Community and |
Economic Development Agency, for the integrated Permit, Enforcement, and |
Records Tracking System (PERTS) |
(8) Adopt a Resolution authorizing the City Manager to negotiate and execute |
an agreement with Xerox Global Services Corporation to provide private |
financing for an integrated Permit, Enforcement, and Records Tracking System |
(PERTS) for an amount not to exceed two million six hundred ninety thousand |
dollars ($2,690,000) of principal and six hundred thousand dollars ($600,000) |
of interest |
Revised Recommendation: The January 13, 2004 Finance and Management |
Committee directed staff to amend all resolutions to add a Resolve stating the City will |
stop payment at the 5th month of the contract, if interface module fails and the |
Committee directed staff to provide a supplemental report with an analysis of where the |
collected 5% Technology Fees will go. 3 Ayes 1 Excused - De La Fuente |
Subject: Salary Plan Recommendations |
From: Office of the City Manager |
Recommendation: A continued discussion of a report and recommendations |
20
regarding the preliminary salary plan recommendations for executive, |
management and unrepresented classifications |
Revised Recommendation: The January 13, 2004 Finance and Management |
Committee approved: |
1) the expansion of salary range to 50%, with the requirement that the City Manager |
must justify to Council reasons for raises and new hire with salaries 20% over |
subordinate staff; |
2) 1 increase per year from 0 to 3 or 4% above the CPI with provisions that a) If no |
merit increase is possible in that year the City Manager will have the flexibility to give |
bonuses; and b) If CPI is above 5% Council will review the merit increase range at mid- |
cycle budget; and |
3) Retroactive merit increases for staff with completed performance evaluations and |
also directed staff to return with the number of completed performance evaluations and |
the approximate dollar amount associated with those salary raises. 3 Ayes 1 Excused - |
De La Fuente |
Subject: Audit Services - Macias, Gini & Company |
From: Office of the City Manager |
Recommendation: Adopt a Resolution authorizing the City Manager to amend |
a contract with Macias, Gini & Company, LLP for audit services for the Fiscal |
Years ending June 30, 2003 and 2004 to provide additional fees of $75,000 ( |
for a revised total not to exceed $603,065) for the audit of the Fiscal Year |
ending June 30, 2003 and $65,000 (for a revised total not to exceed $619,470) |
for the audit of the Fiscal Year ending June 30, 2004 |
21
The January 13, 2004 Finance and Management Committee approved |
recommendations; 3 Ayes 1 Excused - De La Fuente |
Subject: Recycled Tires - Assembly Bill 338 |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution supporting Assembly Bill 338 requiring |
the California Department of Transportation (CAL TRANS) to use rubberized |
asphalt concrete which contains recycled scrap tires in at least 15% of all State |
highway asphalt construction or repair projects. |
22
Time Critical: This item was forwarded directly to the Council agenda due to the time |
sensitive nature as determined by the January 15, 2004 Rules and Legislation |
Committee. |
This item requires an urgency finding pursuant to Section 2.20.070 E(2) of the Sunshine |
Ordinance requiring a 2/3 majority vote. |
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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. |
Recorded Agenda (510) 238-2386 |
Telecommunications Display Device: (510) 839-6451 |
NOTE: