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, December 2, 2003
Pledge of Allegiance
1
Roll Call / ORA & Council |
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel, |
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; 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 November 18, 2003 |
7
8. Presentation of Ceremonial Matters
Subject: City Wide Open House Bus Tour |
Recommendation: Present six (6) Proclamations recognizing the Sponsors for |
the first "City Wide Open House Bus Tour" held on October 18, 2003 |
8.1
Subject: Oakland Association of Realtors |
Recommendation: Adopt a Resolution acknowledging the 100th Year |
Anniversary of the Oakland Association of Realtors and the declaration of |
Thursday, December 4, 2003 "Oakland Realtors Day" |
8.2
Subject: Oakland Public Library |
From: Councilmember Chang |
Recommendation: Adopt a Resolution honoring and commemorating the |
Oakland Public Library for 125 years of service, 1878-2003 |
8.3
9. Council Acknowledgements / Announcements
10. CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be |
acted upon by one motion of the City Council, unless a member of the public or |
a Councilmember requests the opportunity to speak on an item noticed. |
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 |
10.1
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 |
10.2
Subject: Deborah Edgerly as Interim City Manager |
Recommendation: Consider a Motion to confirm the appointment of Deborah |
Edgerly as Interim City Manager |
10.3
This item was forwarded directly to the Council agenda pursuant to the Oakland City |
Charter Article V The City Manager, Section 500 Appointment. |
Subject: Keshonda East-Perkins - Planning and Oversight Committee |
From: Councilmember Brunner |
Recommendation: Adopt a Resolution appointing Keshonda East-Perkins as a |
member of the Children's Fund Planning and Oversight Committee |
10.4
Subject: Jean E. Newton - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
10.5
Attorney to compromise and settle the case of Jean E. Newton v. City of |
Oakland, et al., Alameda County Superior Court Case No. 2-064323, our file |
no. 22310, in the amount of $6,000.00 (Public Works Agency) |
Subject: Oakland Zoning Code Amendment |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance amending Chapter 17.100 (S-15, Transit Oriented Zone) of the |
Oakland Zoning Code to conditionally permit auto fee parking |
10.6
Introduction (First Reading) was approved on November 18, 2003; Vote Count 8 Ayes.
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed |
Session |
11
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
Sunshine Ordinance |
12
Reconsideration of Ordinances pursuant to Charter Section 216
13
14. Consideration of items with statutory Public Hearing Requirements:
Subject: Planning Commission Appeal - 4822 Telegraph Avenue - Public |
Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a |
Resolution denying the appeal and sustaining the decision of the City Planning |
Commission in approving the application for a Major Variance to reopen an |
Alcoholic Beverage Sales Commercial Activity within 1,000 feet of a similar use |
located at 4822 Telegraph Avenue, Oakland, Council District 1; Appellant |
Larry Bellinger; Planning Commission Vote: 3 Ayes, 2 Noes |
14.1
Subsequent to the November 20, 2003 Rules and Legislation Committee meeting, and |
in accordance with the City Council Rules and Procedures, Rule 23, this item was |
withdrawn and rescheduled to a future date to be determined. |
ACTION ON NON-CONSENT ITEMS:
Subject: Jean Rubsamen - Housing, Residential Rent and Relocation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Jean Rubsamen as a |
member of the Housing, Residential Rent and Relocation Board |
15
Subject: Hillery Bolt Trippe - Housing, Residential Rent and Relocation |
Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe as a |
member of the Housing, Residential Rent and Relocation Board |
16
Items 15 and 16 were withdrawn and rescheduled from the November 18, 2003 City |
Council Consent Calendar as non-consent items. |
Subject: Interim Controls For Signs Within Specified Zones |
From: Community and Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
amending Ordinance No. 12461 C.M.S. to extend by six months, the existing |
interim controls on the issuance of building, zoning, and other permits for the |
construction of new business, civic and residential signs within all commercial, |
industrial, S-1, S-2, S-3, S-15, and S-16 zones |
17
Time Sensitive: This item was forwarded directly to the Council agenda due to its time- |
sensitive nature as determined by the November 6, 2003 Rules and Legislation |
Committee. |
Final Passage (Second Reading) has been scheduled for December 16, 2003. |
Subject: Wildcat Canyon Ranch Youth Program |
From: Office of Parks and Recreation |
Recommendation: Adopt a Resolution modifying the license and master |
concession agreement between the City and Wildcat Canyon Ranch Youth |
Program to increase horse boarding fees and to extend the term through June |
30, 2004 (TITLE CHANGE) |
18
Revised Recommendation: The October 28, 2003 Life Enrichment Committee |
approved staff recommendation to increase the designated fees, and amend the |
contract extension to the end of the City Fiscal Year 2003/2004 and the school year, but |
did not approve the direction for a Request for Proposals, and forwarded this item to the |
City Council for further discussion; 4 Ayes. |
Subject: Sale of a City Owned Surplus Property |
From: Community and Economic Development agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
authorizing the City Manager to enter into a purchase and sales agreement for |
the sale of a city owned surplus property (APN 045-5276-022-02) from the |
negotiated sale conducted on October 24, 2003 to the highest bidder, the |
Hothem Trust, in the amount of $170,000 |
19
This item was forwarded directly to the Council agenda as a follow up item from the |
November 4, 2003 Council meeting with direction to exclude the following surplus |
properties (1-APN 045-5304-057-02, 056 for $140,000) Jeff Ku; (9-APN 048D-7303-067 |
for $50,000 and 10-APN 048D-7303-068 for $50,000) Wayne Huey from entering into |
purchase and sales agreements; 6 Ayes, 1 No-Chang, 1 Abstain-Brunner. |
Final Passage (Second Reading) has been scheduled for December 16, 2003. |
Subject: Fox Theater Restoration |
From: Community and Economic Development Agency |
Recommendation: A Continued discussion to Adopt the following legislation: |
1) Adopt an Agency Resolution authorizing the Agency Administrator to: (1) |
amend the repayment agreement with the City of Oakland increasing City |
appropriations by $367,500 for construction work on the Fox Theater and wrap |
around buildings; and (2) enter into an exclusive negotiating agreement with |
the Paramount Theatre of the Arts, Inc., to redevelop the Fox Theater and |
wrap-around buildings, and |
20
2) Adopt an Agency Resolution authorizing the Agency Administrator to |
negotiate and execute a Professional Services Contract with California Capital |
Group for an amount not to exceed $432,500 for professional services needed |
for the pre-development of the Fox Theater and wrap around buildings, and |
3) Adopt a Resolution authorizing the City Manager to: (1) amend the |
repayment agreement with the Redevelopment Agency increasing City |
appropriations by $367,500 for construction work on the Fox Theater and wrap |
-around buildings; (2) waive advertising and bidding and negotiate and award |
construction contracts, without return to Council, in accord with the |
specifications prepared by the city, the state standard specifications for public |
works construction ("Greenbook" 2000 ED.), Oakland's technical specifications |
and the contractor's bid(s) in an amount not to exceed $367,500 for removal of |
mold and other hazardous materials from the Fox Theater and wrap-around |
buildings; and (3) amend the operating agreement between the City and the |
Paramount Theatre of the Arts, Inc., as necessary or appropriate to allow the |
Paramount Theatre of the Arts, Inc., to execute an exclusive negotiating |
agreement with the Redevelopment Agency for the development of the Fox |
Theatre and wrap-around buildings (PURSUANT TO SECTION 902-E OF THE |
CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) |
This item was withdrawn and rescheduled from the November 18, 2003 City Council |
meeting |
Revised Recommendation: The November 4, 2003 City Council meeting directed staff |
to return with revised legislation that includes the following items identified by the |
Committee: (1) City has not agreed to sell any garages until further review; (2) Staff is |
to return to Committee with the Disposition and Development Agreement and to provide |
alternatives for project financing; (3) Committee is to review and approve the |
expenditures and release of funds for the $800,000; (4) during the Exclusive |
Negotiating Agreement process, staff is to investigate alternative ownership structures |
that may not include the art school; and (5) Staff is to return with the wrap around |
design showing flexibility for alternative entities. |
Subject: Wireless Telephonic Service Providers |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution submitting, on the Council's own motion, |
to electors at the March 2, 2004 election, a proposed Ordinance amending |
Section 4.28.030 of the Oakland Municipal Code so that wireless telephonic |
service providers will be required to apply the City of Oakland's Utility User's |
Tax ("UUT") in accordance with the Sourcing Rules of Section 117 of the |
Federal Mobile Telecommunications Sourcing Act of 2000, and directing the |
City Clerk to fix the date for submission of arguments and to provide for notice |
and publication in accordance with the March 2, 2004 election |
21
Revised Recommendation: The October 28, 2003 Finance and Management |
Committee referred this item to the November 18, 2003 Closed Session for |
consideration of the legal ramifications. The November 18, 2003 Closed Session |
forwarded this item to the December 2, 2003 Council agenda. |
Subject: Measure X - Proposed Charter Amendments |
From: City Council Legislative Analyst |
Recommendation: A Continued discussion to Adopt a Resolution submitting, |
on the Council's own motion, proposed Charter Amendments, entitled, " |
Measure Amending the Oakland City Charter to (1) retain the Mayor-Council |
form of government, commonly called the "Strong Mayor", and elected City |
Attorney; (2) change how salaries for Councilmembers, the City Attorney and |
the City Auditor are set; (3) change how vacancies on Boards and |
22
Commissions are filled; (4) require Mayor to hold public meetings; (5) change |
Mayor's term limit to two consecutive terms; and (6) make other changes in the |
Charter"; directing the City Clerk to fix the date for submission of arguments |
and to provide for notice and publication in accordance with the law; and |
consolidating the Election with the Statewide Presidential Primary |
Revised Recommendation: The November 18, 2003 City Council directed staff to |
prepare the appropriate legislation to reflect the following: |
1) Any portion of recommended increase in compensation that would result in an |
overall raise in excess of 5% requires voter approval; |
2) Retain the salary formula for the Mayor and add salary formula to the City Attorney |
and City Auditor; |
3) Mayor shall advise the Council before removing City Administrator; |
4) Increase public meetings by the Mayor to four (4); |
5) Reduce the time for Council action to fill an appointment left vacant by the Mayor |
from 180 days to 90 days; and |
6) Place this Measure on the March 2, 2004 ballot. |
This item was continued from the November 18, 2003 City Council meeting. |
Subject: Library Services Retention and Enhancement Act - Ballot Measure |
From: Councilmembers Quan and Brunner |
Recommendation: A Continued discussion regarding the following legislation: |
Adopt a Resolution submitting, on the Council's own motion, to the Electors at |
the March 2, 2004 Election, a proposed ordinance extending the "Library |
Services Retention and Enhancement Act of 1994 and amending Section 2, |
use of proceeds, in order to expand the services funded by the Act; amending |
Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy; |
amending Section 8, minimum Library appropriation prerequisite at Fiscal Year |
2000-2001 level, in order to increase the minimum general fund appropriation |
level; and amending Section 9, Term of Taxation, in order to extend collection |
of the tax for an additional 15 years; directing the City Clerk to fix the date for |
submission of arguments and to provide for notice and publication in |
accordance with the law; and consolidating the Election with the Statewide |
Presidential Primary (TITLE CHANGE) |
Adopt a Resolution submitting, on the Council's own motion, to the Electors at |
the March 2, 2004 Election, a proposed ordinance extending the "Library |
Services Retention and Enhancement Act of 1994 and amending Section 2, |
use of proceeds, in order to expand the services funded by the Act; amending |
Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy; |
amending Section 8, minimum Library appropriation prerequisite at Fiscal Year |
2000-2001 level, in order to increase the minimum general fund appropriation |
level; and amending Section 9, Term of Taxation, in order to extend collection |
of the tax for an additional 15 years; directing the City Clerk to fix the date for |
submission of arguments and to provide for notice and publication in |
accordance with the law; and consolidating the Election with the Statewide |
Presidential Primary (TITLE CHANGE) |
Adopt a Resolution submitting, on the Council's own motion, to the Electors at |
the March 2, 2004 Election, a proposed ordinance extending the "Library |
Services Retention and Enhancement Act of 1994 and amending Section 2, |
use of proceeds, in order to expand the services funded by the Act; amending |
Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy; |
23
amending Section 8, minimum Library appropriation prerequisite at Fiscal Year |
2000-2001 level, in order to increase the minimum general fund appropriation |
level; and amending Section 9, Term of Taxation, in order to extend collection |
of the tax for an additional 15 years; directing the City Clerk to fix the date for |
submission of arguments and to provide for notice and publication in |
accordance with the law; and consolidating the Election with the Statewide |
Presidential Primary (TITLE CHANGE) |
Revised Recommendation: The November 18, 2003 City Council directed staff to |
prepare the appropriate legislation for consideration of options 1, 2, and 3 to include a 5 |
% reserve requirement. |
This item was continued from the November 18, 2003 City Council meeting. |
Subject: Prevent Violent Crime Measure - Ballot Measure |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution submitting, on the Council's own |
motion, to the Electors at the March 2, 2004 Election, a proposed ordinance |
creating a special tax to fund youth, family and violence prevention programs; |
consolidating the Election with the Statewide Presidential Primary; and |
directing the City Clerk to fix the date for submission of arguments and provide |
for notice and publication in accordance with the March 2, 2004, Statewide |
Presidential Primary |
24
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) |
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 |
. |
Recorded Agenda (510) 238-2386 |
Telecommunications Display Device: (510) 839-6451 |
Notes: