Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Special Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California 94612 |
City of Oakland Website: http://www.oaklandnet.com |
City Council Chambers - 3rd Floor
6:00 PM
Tuesday, June 27, 2006
1
Pledge of Allegiance
2
Roll Call / ORA & Council |
COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel, |
Dist. 3; Vice Mayor Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry |
Chang, At-Large, and President Ignacio De La Fuente, Dist. |
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
There are no draft minutes for approval.
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Oakland Citizens' Academy Graduation |
From: Office Of The City Administrator |
Recommendation: A 10-Minute Presentation From The City Administrator For The City |
Of Oakland Citizens' Academy Graduation Class Of Spring 2006 |
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 |
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 |
Subject: Pacific Gas And Electric Company - Settlement Agreement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing The City Attorney To Enter Into A |
Settlement Agreement With Pacific Gas And Electric Company That Resolves A Dispute |
Over Unpaid Electricity Charges Generated By Metricom Wireless Devices On City |
Light Poles |
Council discussed this item in Closed Session on April 4, 2006. Motion |
authorizing settlement passed with 7 Ayes, 1 Abstention - Brooks |
Subject: Emergency Medical Services Retention Act Of 1997 |
From: Finance And Management Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Authorizing A Fiscal Year 2006-2007 Increase To A Special Tax Imposed For |
Emergency Medical Services In Accordance With The Emergency Medical Services |
Retention Act Of 1997 (Measure M) |
Introduction (First Reading) was approved June 20 , 2006; 8 Ayes
10.5 CC
Subject: Oak To Ninth Mixed Use Development Project |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of legislation: |
1) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The |
Second Amendment To The Central City East Redevelopment Plan To Revise Land Use |
Designations For The Oak To Ninth Project Site; |
2) Approve The Final Passage (Second Reading) Of An Ordinance Adopting An |
Amendment To The Central District Urban Renewal Plan To Revise Land Use |
Designations For The Oak To Ninth Project Site; |
3) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The |
Planned Waterfront Zoning District (PWD-4) For The Oak To Ninth Mixed Use |
Development Project; |
4) Approve The Final Passage (Second Reading) Of An Ordinance Rezoning Property In |
The Oak To Ninth Avenue Mixed Used Development Project Site From Heavy |
Industrial (M-40) To The Planned Waterfront Zoning District (PWD-4) And Open |
Space-Region Serving Park (OS-RSP), And From Civic Center Design Review |
Combining Zone (S-2/S-4) To The Planned Waterfront Zoning District (PWD-4 And |
Open Space-Region Serving Park (OS-RSP) (TITLE CHANGE) |
5) Approve The Final Passage (Second Reading) Of An Ordinance Approving A |
Development Agreement Between The City Of Oakland, The Redevelopment Agency Of |
The City Of Oakland, And Oakland Harbor Partners, LLC And Authorizing The City |
Administrator To Execute The Development Agreement On Behalf Of The City |
These items were rescheduled to the July 18, 2006 City Council Agenda
Subject: Oakland General Plan |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Extending The Interim Controls For The Implementation Of The Oakland General Plan |
To June 30, 2007 (TITLE CHANGE) |
Introduction (First Reading) was approved as amended on June 20, 2006 to |
approve the extension of Interim Controls to June 2007; 8 Ayes |
Subject: Disposable Food Service Ware |
From: Vice Mayor Jean Quan and Council President De La Fuente |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance To |
Prohibit The Use Of Polystyrene Foam Disposable Food Service Ware And Require The |
Use Of Biodegradable Or Compostable Disposable Food Service Ware By Food Vendors |
and City Facilities |
Introduction (First Reading) was approved as amended to include the |
requirement that the program be reviewed 1 year from implementation; 7 |
Ayes, 1 No - Brooks |
Subject: Dog Leash Ordinance |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending Oakland Municipal Code Title 6, Chapter 6.04 Article 6.04.080 Dogs At |
Large In Parks, To Allow Dogs To Be Off-Leash, Under Specific Conditions, In The |
Joaquin Miller Park Dog Play Area As Authorized By The Parks And Recreation |
Advisory Commission |
Introduction (First Reading) was approved as amended in Section 6.04.080 |
(c) to strike out the word written and replace with writing or; 8 Ayes |
Subject: Youth Employment Partnership - Litter Program Services |
From: Councilmember Jane Brunner |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute |
A Two Year Agreement With Youth Employment Partnership, Inc. (YEP) To Implement |
The Team Oakland Program And For City Beautification Services In An Amount |
Not-To-Exceed $498,000.00, Or $249,000.00 In Each Year Of The Agreement, And |
Authorizing The City Administrator To Add Clean Up Services And Increase The |
Contract By An Additional Amount Not-To-Exceed $235,000.00 Per Year Over The |
Term Of The Agreement Needed To Carry Out The Anti-Litter Program (TITLE |
CHANGE) |
This item was withdrawn and rescheduled from the June 20, 2006 City |
Council Agenda |
Subject: Violence Prevention And Public Safety Act Of 2004 |
From: Finance And Management Agency |
Recommendation: Approve The Final Passge (Second Reading) Of An Ordinance |
Authorizing A Fiscal Year 2006-2007 Increase To A Special Tax Imposed For Violence |
Prevention And Public Safety Services In Accordance With The Violence Prevention |
And Public Safety Act Of 2004 (Measure Y) |
Introduction (First Reading) was approved as amended on June 20, 2006 to |
include the following language "authorizing no increase" ; 7 Ayes; 1 |
Abstain - Brooks |
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: Tree Removal Permits - The Lake Merritt Improvement Projects |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Friederike Droegemueller, On Behalf Of The Merritt |
Lakesiders And No Clearcuts@Yahoogroups.Com, Against The Decision Of The Public |
Works Agency Approving The Issuance Of Three Tree Removal Permits For The Lake |
Merritt Improvement Projects |
14.2
Subject: Massage Establishment Permit Appeal - Hoang Kim Ngo |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion, Adopt A |
Resolution Denying The Appeal Filed By Kim Ngo Against The Administrative Hearing |
Officer's Decision To Deny A Massage Establishment Permit For New Beginnings |
Center, Located At 4107 Broadway, Oakland, California |
14.3
Subject: Kaiser Hospital Medical Center |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Amending The General Plan Land Use Designation For The Kaiser |
Permanente Oakland Medical Center Campus From Various Designations To |
Institutional; |
2) An Agency Resolution Approving And Recommending Adoption Of An Amendment |
To The Broadway/MacArthur/San Pablo Redevelopment Plan, Amending The Land Use |
Designation For The Kaiser Permanente Oakland Medical Center Campus From Various |
Designations To Institutional; |
3) Approve The Introduction (First Reading) Of An Ordinance Adopting An Amendment |
To The Broadway/MacArthur/San Pablo Redevelopment Plan, Amending The Land Use |
Designation For The Kaiser Permanente Oakland Medical Center Campus From Various |
Designations To Institutional; |
Final Passage (Second Reading) has been scheduled for July 18, 2006
4) Approve The Introduction (First Reading) Of An Ordinance Adopting A New Kaiser |
Permanente Oakland Medical Center (KX) Zone, Rezoning The Kaiser Permanente |
Oakland Medical Center Campus From Various Designations To The New KX Zone |
And Terminating The Previously Approved Contract Rezoning; And |
Final Passage (Second Reading) has been scheduled for July 18, 2006
5) A Resolution Adopting The Kaiser Permamente Oakland Medical Master Plan
14.4
Subject: Inclusionary Housing Requirement |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) Of An Ordinance Adding Chapter 17.109 To The Oakland |
Planning Code To Establish An Inclusionary Housing Requirement And Establish Two |
New Homeownership Programs For Oakland Teachers, Making Related Amendments To |
The Oakland Planning Code, Amending Section 15.68.100 Of The Oakland Municipal |
Code, And Amending The Master Fee Schedule To Establish An Inclusionary Housing |
In-Lieu Fee; Or |
Final Passage (Second Reading) has been scheduled for July 18, 2006
S-14.4.1
Subject: Inclusionary Housing Requirements - Ordinance Modifications |
From: Councilmembers Jane Brunner, Jean Quan And President De La Fuente |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding |
Chapter 15.70 To The Oakland Municipal Code To Establish An Inclusionary Housing |
Requirement And Establish Two New Homeownership Programs For Oakland Teachers, |
Amending Section 15.68.100 Of The Oakland Municipal Code To Permit Affordable |
Housing Trust Funds To Be Used To Administer And Enforce The Inclusionary Housing |
Requirement, And Amending The Master Fee Schedule To Establish An Inclusionary |
Housing In-Lieu Fee; And |
S-14.4.2
Subject: Inclusionary Housing Requirement |
Recommendation: Consideration Of A Motion To Add New Section 12; Renumber |
Existing Section 12 To Section 13 To Read Section 12. This Ordinance Shall Not Apply |
In Any Redevelopment Project Area Where More Than 75% Of The Land Within That |
Redevelopment Project Area, As That Area Is Designated As Of The Date Of The |
Adoption Of This Ordinance, Is Developed Pursuant To A Master Plan Of Development |
That Satisfies The Affordable Housing Production Requirements Of Health And Safety |
Code Section 33413 |
14.5
Subject: Dissolution Of The Oakland Base Reuse Authority |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
Following Pieces of Legislation: |
1) An Agency Resolution Authorizing The Agency Administrator To Accept All Of The |
Assets And Obligations Of The Oakland Base Reuse Authority (OBRA) And To Take |
All Actions Necessary To Complete The Dissolution Of OBRA Including: |
(1) Creation And Operation Of An Oakland Redevelopment Agency (Agency) Leasing |
And Property Management Program At The Former Oakland Army Base; (2) |
Assumption Of All Of The Rights And Obligations Of OBRA In The Agreements Listed |
In Attachment A Hereto; (3) Acceptance And Appropriation Of OBRA's Proposed |
Administrative Budget In An Amount Not To Exceed Three Million Two Hundred |
Thousand Dollars ($3,200,000); (4) Acceptance And Appropriation Of Proposed |
Operating Budget In An Amount Not To Exceed Eight Million Nine Hundred |
Forty-Seven Thousand Five Hundred Dollars ($8,947,500); (5) Extension Of OBRA's |
Security Services Contract With ABC Security Company For One Year In An Amount |
Not To Exceed Two Hundred Twenty Thousand Dollars ($220,000); (6) Approval And |
Execution Of A Letter Amendment To The Memorandum Of Agreement For Oakland |
Army Base Dated July 8, 2003 (City-Port MOA) Regarding The Mitigation Monitoring |
And Reporting Program At The Army Base, In An Amount Not To Exceed Six Hundred |
Seventy-Eight Thousand Dollars ($678,000); (7) Approval And Execution Of A |
Resource Management Agreement With The Port Of Oakland, In An Amount Not To |
Exceed Three Hundred Thousand Dollars ($300,000); (8) Approval And Execution Of A |
Utilities Operation Agreement With The Port Of Oakland, In An Amount Not To Exceed |
Seven Hundred Twenty-Five Thousand Dollars ($725,000) Over A Two-Year Period; |
And (9) Acceptance Of The Transfer Of $1,050,000, Of The Balance Of A $2,400,000 |
Public Works Grant Awarded To OBRA By The United States Department Of |
Commerce Economic Development Administration; And |
2) A Resolution Authorizing The City Administrator To Take All Actions Necessary To |
Complete The Dissolution Of The Oakland Base Reuse Authority (OBRA) Including: |
(1) Creation And Budgeting Of A Reimbureable Clearing Fund; And |
(2) Approval And Execution Of A Letter Amendment To The Memorandum Of |
Agreement For Oakland Army Base Dated July 8, 2003 (City-Port MOA) Regarding The |
Mitigation Monitoring And Reporting Program At The Army Base, In An Amount Not |
To Exceed Six Hundred Seventy-Eight Thousand Dollars ($678,000) |
This item will also be heard at the June 27, 2006 Community And |
Economic Development Committee Meeting |
14.6
Subject: Tree Removal Permit Appeal - 981 Grosvenor Place |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Les And Linda Hausrath, Against The Decision Of The |
Public Works Agency Approving The Issuance Of Tree Removal Permit DRO6-005 For |
981 Grosvenor Place |
This item was rescheduled from the June 20, 2006 City Council Agenda
ACTION ON NON-CONSENT ITEMS:
15
Subject: Municipal Boathouse Parking |
From: Office Of The City Administrator |
Recommendation: Action On A Report And Recommendations On The Municipal |
Boathouse Parking Facilities And Restroom Building |
1) Option 1 Compromise Design provides substantial lawn area adjacent to the multi-use |
path, 28 spaces of on-site parking, which could be identified for use by the restaurant or |
any other occupant of the Municipal Boathouse, provides efficient circulation and access |
for service and delivery vehicles, and the restaurateur will accept this proposal; or |
2) Option 2 Community Design does not provide adequate on-site parking, in terms of |
quantity and operations, to ensure the success of the restaurant or any other occupant of |
the Municipal Boathouse, circulation and access for trash collection is problematic, the |
trash storage building would visible from the Camron-Stanford House, and the |
restaurateur has said he will not accept this proposal; and |
3) Delete the proposed restroom building from the Municipal Boathouse project because |
the neighboring community and the restaurateur oppose the restroom, and a new |
restroom building to be constructed under the 12th Street project will be about 900 feet |
away |
16
Subject: Time Zone Parking Citations |
From: Office Of The City Auditor |
Recommendation: Action On A Report Regarding Illegal Citations Issued For Time |
Zone Parking On February 13, 2006, A City Holiday |
17
Subject: Increase Councilmembers Salaries |
From: Finance And Management Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance |
Amending The Salary Schedule Of Ordinance Number 12187 C.M.S. (The Salary |
Ordinance) To Increase The Salaries Of City Councilmembers By 4% Pursuant To the |
Recommendation Of The Public Ethics Commission |
Final Passage (Second Reading) has been scheduled for July 18, 2006
18
From: Finance And Management Agency |
Recommendtion: Approve The Introduction (First Reading) Of An Ordinance Amending |
Oakland Municipal Code Chapter 10.28 To Adopt Section 10.28.180 To Define And |
Clarify Parking Prohibitions For Street Sweeping |
This item will also be heard at the June 27, 2006 Public Works Committee |
Meeting |
Final Passage (Second Reading) has been scheduled for July 18, 2006 |
19
Subject: Telecommunications Facilities Permit Moratorium |
From: Councilmembers Nadel And Reid |
Recommendation: Approve The Introduction and Final Passage Of An Urgency |
Ordinance, Pursuant To Government Code Section 65858, By The City Of Oakland, |
Establishing A Temporary Moratorium On The Approval Of Applications To Construct, |
Modify Or Place Wireless Communication Facilities |
Pursuant to California Government Code Section 65858, Introduction and |
adoption of this ordinance requires a vote of 4/5 of the members (7 |
Affirmative Votes). This ordinance is introduced and adopted at the same |
meeting and it is in effect immediately for a 45 day period upon adoption. |
This item will also be heard at the June 27, 2006 Community And |
Economic Development Committee Meeting |
20
Subject: Parks And Recreation Advisory Commission Appointment |
From: Councilmember Brunner |
Recommendation: Adopt A Resolution Appointing Howard Matis As A Member Of The |
Parks And Recreation Advisory Commission |
21
Subject: Police And Fire Retirement Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Reappointing Jaime Godfrey And Appointing |
Ken Bullock As Members Of The Police And Fire Retirement Board |
22
Subject: Oakland Municipal Employees' Retirement System Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Reappointing Henry Cotten And Carl Gilmore |
As Members Of The Oakland Municipal Employees' Retirement System Board |
23
Subject: Business Tax Board Of Review Appointment |
From: Office Of The Mayor |
A Resolution Appointing Maurilio Leon As A Member Of The Business Tax Board Of |
Review |
24
Subject: Planning Commission Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Reappointing Anne Mudge As A Member Of |
The Planning Commission |
S-25
Subject: Shot Spotter Lease Agreement |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Waiving The Competitive Bid Process And |
Local/Small Business Enterprise Program, And Authorizing The City Administrator To |
Enter Into A One (1) Year Lease Agreement For A Gun Shot Location Technology |
System With ShotSpotter, Inc. In An Amount Not-To-Exceed Two Hundred Eighty |
Eight Thousand Five Hundred Nine Dollars ($288,509.00) |
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) |
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. |
Agency Secretary/City Clerk |
*In the event a quorum of the City Council participates on this Committee, the meeting is |
noticed as a Special Meeting of the City Council; however, no final City Council action |
can be taken. |
ORA - Oakland Redevelopment Agency |