Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, June 19, 2007
Consent Item: any action item that a subject matter Committee has forwarded to the full Council |
with unanimous recommendation for approval and is not controversial, and does not have a high |
level of public interest as determined by the Rules Committee. |
Non-Consent Item: any action that a subject-matter Committee has forwarded to the full Council |
without unanimous recommendation for approval, or having a high level of public interest, or is |
controversial as determined by the Rules Committee. |
Action Item: any resolution, ordinance, public hearing, motion, or recommendation requiring |
official vote and approval of the City Council to be effective. |
Informational Item: an item of the agenda consisting only of an informational report that does |
not require or permit Council action. |
1
Pledge of Allegiance
2
Roll Call / ORA & Council
COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. |
2; 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 |
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 June 5, 2007 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: End Of The MacArthur Maze Local Emergency |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The End Of The Local Emergency |
Declared By The Resolution No. 80543 C.M.S Due To The Repair Of Catastrophic |
Damage To A Portion Of The Oakland Maze-East Bay 580 Freeway |
8.2
Subject: Tom Margro - Recognition |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Honoring Thomas E. Margro For 17 Years Of |
Commitment And Distinguished Service To The Bay Area Rapid Transit District |
8.3
Subject: Bobbie Lee - Recognition |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Honoring Bobbie Lee For Thirty-Five Years Of |
Dedicated And Distinguished Service To The City Of Oakland And Congratulating Her |
On Her Retirement |
8.4
Subject: McClymond's Boy's Basketball Team Recognition |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Congratulating The McClymonds High School |
Boy's Basketball Team For Their Outstanding Season And Reaching the Division I State |
Championship Finals |
S-8.5
Subject: Jerry Reginald Varnado - Recognition |
From: Councilmember Desley Brooks |
Recommendation: Adopt A Resolution For Jerry Reginald Herring Varnado, A Recent |
U.S. Military Academy At West Point Graduate Who Won An Appointment After His |
Graduation From Skyline High School, Oakland, California |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the June 14, 2007 Rules and Legislation Committee to |
place this item on the agenda for the following reasons: That there is a |
need to take immediate action which came to the attention of the local body |
after the agenda was posted, and that the need to take immediate action: |
relates to a purely ceremonial or commendatory action. |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
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 |
Crisis 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: Thomas Cousey - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Settle The Case Of Thomas Cousey, Et Al. V. City Of Oakland, Et Al., United States |
District Court Case No. C 05-0117 TEH, Our File No. 24594, In The Amount Of |
$104,800. This Case Involves Use Of Excessive Force And Unlawful Arrest. (Oakland |
Police Department-Alleged Civil Rights Violation) |
Council discussed this item in Closed Session on June 5, 2007. Motion |
authorizing settlement passed with 7 Ayes, 1 No De La Fuente |
10.4-CC
Subject: Lobbyist Registration Act Amendment |
From: Public Ethics Commission |
Recommendation: Approve The Final Passage (Second Reading) Of Ordinance |
Amending Chapter 3.20 Of The Oakland Municipal Code To Require That Local |
Governmental Lobbyists Publicly Disclose Their Campaign Fundraising Activities |
Introduction (First Reading) was approved June 5, 2007; 8 Ayes
10.5-CC
Subject: Salary Ordinance Amendment |
From: Finance And Management Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To |
Increase The Salaries Of Employees By 4% For Fiscal Year 2006-2007 And 2007-2008, |
Pursuant To The Recently Approved Memoranda Of Understanding, For The Deputy |
City Attorney V And Special Counsel Association And To Increase The Salaries Of |
Employees By 4% For Fiscal Year 2007-2008, Pursuant To The Recently Approved |
Memorandum Of Understanding For The International Association Of Firefighters, Local |
55 |
Introduction (First Reading) was approved as amended June 5, 2007 to |
eliminate the Oakland Park Rangers Association; 8 Ayes |
10.6-CC
Subject: Feeding Of Feral Pigeons |
From: Councilmember Jean Quan |
Recommendation: Approve The Final Passage(Second Reading) Of An Ordinance To |
Prohibit The Feeding Of Feral Pigeons In Commercial Zones |
This item was withdrawn and rescheduled to the July 3, 2007 City Council |
Agenda at the June 14, 2007 Rules and Legislation Committee meeting |
10.7-CC
Subject: Municipal Code Chapter 4.28 - Amendment |
From: Finance and Management Agency |
Recommendation: Adopt An Ordinance Amending Chapter 4.28 Of The Oakland |
Municipal Code To Establish And Codify The Claim Requirements And Procedures For |
Utility Users Tax Refunds Of Tax, Penalties Or Interest, Overpaid, Erroneously Or |
Illegally Collected, And Amend Section 4.28.120 To Grant Authority To The Utility |
Users Tax Administrator To Examine Books, Records And Witnesses, And To Issue |
Administrative Subpoenas To Persons In Violation Of Chapter 4.28. |
Introduction (First Reading) was approved May 15, 2007; 8 Ayes
10.8-CC
Subject: Priority Project Funds - District Four |
From: Councilmember Jean Quan |
Recommendation: Adopt A Resolution Authorizing For Immediate Allocation Of |
$35,000 Of Councilmember Jean Quan's Priority Project Funds To The City Of Oakland |
Office Of Parks And Recreation For The Woodminster Music Series |
S-10.9-CC
Subject: Encroachment Permit - 6201 Antioch Street |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Antioch Street Limited, LP, A |
Revocable And Conditional Permit To Allow The Encroachment Over The Public |
Right-Of-Way Of Existing Residential Balconies And An Entrance Marquee For A |
Building At 6201 Antioch Street |
The June 12, 2007 Public Works Committee approved recommendations; 4 |
Ayes |
Subject: Collaborative Creek Improvement |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Receive |
And Appropriate Up To Two Hundred Eighty Thousand Dollars ($280,000) Per Year |
From The Alameda County Flood Control And Water Conservation District To |
Implement The Collaborative Creek Improvement And Clean Creeks Program For The |
Period From July 1, 2007 Through June 30, 2008 And Authorization To Extend |
Annually Through 2012 |
The June 12, 2007 Public Works Committee approved recommendations; |
4 Ayes |
Subject: MacArthur Transit Hub Streetscape Improvement |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces of Legislation: |
1) A Resolution 1) Authorizing The Acceptance And Appropriation Of $215,000 Of |
Measure B Bicycle And Pedestrian Countywide Discretionary Grant Funds From The |
Alameda County Transportation Improvement Authority And $215,000 Of Grant Funds |
From The Regional Bicycle And Pedestrian Program Administered By The Alameda |
County Congestion Management Agency From The 2006/2007 Coordinated Program, |
And Any Other Funds Received From These Programs; 2) Authorizing The Agency |
Administrator To Negotiate And Execute A Grant Funding Agreement With The |
Alameda County Transportation Improvement Authority, And 3) Accepting And |
Appropriating $125,000 From The Redevelopment Agency Of The City Of Oakland |
Under The Cooperation Agreement For The Required Local Match |
Pablo Tax Allocation Bonds Series 2006C-TE To The City Of Oakland Under The |
Cooperation Agreement To Fund The MacArthur Transit Hub Streetscape Improvement |
Project As Matching Funds For The 2006/2007 Coordinated Program Grant Funding |
Awards |
The June 12, 2007 Public Works Committee approved recommendations |
and asked staff to look at the ACTIA requirements for SLB/LBE versus |
the City's requirement to determine if the city requirements could be |
enforced in conjunction with the ACTIA requirements.; 4 Ayes |
Subject: Revocable And Conditional Permit - Lincoln Elementary School |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting A Revocable And Conditional Permit |
To The Oakland Unified School District To Allow Portable Classroom Buildings For |
Lincoln Elementary School At 225 11th Street To Encroach Into A Closed Section Of |
Alice Street |
The June 12, 2007 Public Works Committee approved recommendations; 4 |
Ayes |
Subject: Lake Merritt Institute Agreement |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into A Two Year Agreement From July 1, 2007 To June 30, 2009 With The Lake Merritt |
Institute For Professional Services To Provide Cleanup, Maintenance, Monitoring, |
Volunteer Coordination, And Technical Assistance At Lake Merritt In An Amount Not |
To Exceed Three Hundred Twenty Thousand Dollars ($320,000), And To Extend The |
Initial Contract Period (July 1, 2007 To June 30, 2009) An Additional Two Years |
(Through June 30, 2011) If The Performance Standards In the Scope Of Work Are Met |
The June 12, 2007 Public Works Committee approved recommendations |
and requested a supplemental report that provides background |
information on the 82% ranking that Lake Merritt Institute received for |
their past performance; 4 Ayes |
Subject: Community Facilities Districts |
From: Office of the City Administrator |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving The City Council Of The City Of Oakland Aprroving Local |
Goals And Policies And Appraisal Standards For Community Facilities Districts; And |
2) A Resolution Of Intention Of The City Of Oakland To Establish Community |
Facilities District No. 2007-1, In The Wood Street Project Area Generally Bounded By |
10th Street, Wood Street, West Grand Avenue And Frontage Road, Interstate-880, Levy |
A Special Tax To Finance Certain Public Services And Approving A Proposed Boundary |
Map For Community Facilities District No. 2007-1 |
The June 12, 2007 Finance and Management Committee approved |
recommendations; 4 Ayes |
Subject: Parcel Purchases At Various Locations |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Purchase Of The Following Tax Defaulted |
Properties In The Coliseum And Central City East Redevlopment Project Areas From |
The County Of Alameda: (1) 7951 MacArthur Boulevard (APN 40-3407-1), Purchase |
Price $165,261 Plus Interest; (2)7963 MacArthur Boulevard (APN 40-3407-2), Purchase |
Price $188,270 Plus Interest; And (3) 606 Clara Street (APN 44-5014-6-3), Purcahse |
Price $256,029 Plus Interst; And |
2) Approve The Introduction (First Reading) Of An City Ordinance Authorizing The |
Purchase Of Two Tax Defaulted Parcels On Sunshine Court (APN 40-3319-47-3 And |
APN 40-3319-47-2) From The County Of Alameda For A Price Not To Exceed $14,520 |
Plus Interest, And Accepting A Contribution Of $14,520 Plus Interest From The |
Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The |
Properties; And |
Final Passage (Second Reading) has been scheduled for July 3, 2007
3) An Agency Resolution Authorizing The Contribution Of $14,520 Plus Interest In |
Agency Funds To The City Under The Cooperation Agreement For The Acquisition Of |
Sunshine Court |
The June 12, 2007 Finance and Management Committee approved |
recommendations as amended to add a “further resolved” including the |
following language: if any type of toxins are found on the parcels staff has |
the ability to cancel the transaction and bring back to City Council for |
further direction; 4 Ayes |
Subject: Uncollectible, Defaulted And Delinquent Loans |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution To Remove Non-Performing Loans Receivable |
Of Approximately $806,912 From The Oakland Redevelopment Agency Accounts |
The June 12, 2007 Finance and Management Committee approved |
recommendations and directed staff to include in all future reports on |
loans the Collective Enforcement Reports on the collections of loans.; 4 |
Ayes |
Subject: Peter And Helen Shiu - Lease |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into A Two-Year Lease With An Additional Two Year Option, With Peter And Helen |
Shiu For Real Property Located At 530 Lake Park Avenue, For Use As A Community |
Meeting Facility In An Annual Amount Not To Exceed $40,000 Plus Telephone And |
Utility Costs And A $200 Monthly Water Charge, For The Initial Term And The Option |
Term |
The June 12, 2007 Finance and Management Committee approved |
recommendations; 4 Ayes |
Subject: Tax And Revenue Anticipation Notes |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Authorizing The Sale Of 2007-2008 Tax And |
Revenue Anticipation Notes, Series A And Series B (Federally Taxable); Authorizing |
The Execution And Delivery Of Related Documents and Approving Certain Related |
Actions |
The June 12, 2007 Finance and Management Committee approved |
recommendations; 4 Ayes |
Subject: Parking Ordinance Amendment |
From: Finance and Management Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance |
Amending Oakland Municipal Code Sections 10.36.010 "Parking Meter Defined," |
10.36.020 "Parking Meter Installation-Painting Of Lines," 10.36.030 "Deposit Of Coins - |
Amount Of Coins Corresponds To Value Of Coins," 10.36.050 "Parking Meter |
Indication That Space Is Illegally In Use," 10.48.010 "Scheduling Of Parking Fines" To |
Apply To Pay-And-Display Parking Meters And Adding Section 10.36.015 "Acceptable |
Card And Pay-And-Display Meter Defined" |
Final Passage (Second Reading) has been scheduled for July 3, 2007 |
The June 12, 2007 Finance and Management Committee approved |
recommendations as amended to state that the printed receipts from the |
Pay and Display Meters can be placed at any location on the vehicle's |
dashboard; 4 Ayes |
Subject: Dog Ordinance Amendment |
From: Office of Parks and Recreation |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) Approve The Introduction (First Reading) Of An Ordinance Amending Oakland |
Municipal Code Title 6, Chapter 6.04, Section 6.04.080 Dogs At Large In Parks, To |
Allow Dogs To Be Off-Leash, Under Specific Conditions, In The Mosswood Park Dog |
Play Area As Authorized By The Parks And Recreation Advisory Commission; And |
Final Passage (Second Reading) has been scheduled for July 3, 2007
2) A Resolution Accepting And Appropriating Redevelopment Agency Funds From The |
Broadway/MacArthur/San Pablo Redevelopment Project Area Under The Cooperation |
Agreement In An Amount Not To Exceed $15,000 For The Construction Of The |
Mosswood Park Dog Play Area Project; And |
3) An Agency Resolution Authorizing A Contribution Of Agency Funds From The |
Broadway/MacArthur/San Pablo Redevelopment Project Area To The City Under The |
Cooperation Agreement In An Amount Not To Exceed $15,000 For The Construction Of |
The Mosswood Park Dog Play Area Project |
The June 12, 2007 Life Enrichment Committee approved |
recommendations; 4 Ayes |
Subject: Stinger Operation Equipment Purchase |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept |
And Appropriate Up To Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) Of |
Grant Funds From Fireman's Fund Insurance Company For The Purchase Of Stinger |
Operation Equipment Inventory And Training Materials |
The June 12, 2007 Public Safety Committee approved recommendations; 4 |
Ayes |
Subject: Michael Palmertree, MFT - Contract |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her |
Designee, On Behalf Of The City Of Oakland, To: 1)Waive The Competitive Bid |
Process, 2) Enter Into A Contract With Michael Palmertree, MFT For Behavioral |
Science Consulting In Support Of The Police Department's Required Compliance With |
The Negotiated Settlement Agreement (Tasks 40 And 41) For Fiscal Year 2007-2008 |
(July 1, 2007 Through June 30, 2008) At A Cost Not-To-Exceed Forty-Nine Thousand |
Nine Hundred And Ninety-Nine Dollars ($49,999.00), And 3) Appropriate Fifteen |
Hundred ($1,500) To Cover The City Mandated 3% Contract Assessment Fee For This |
Agreement |
The June 12, 2007 Public Safety Committee approved recommendations; 4 |
Ayes |
Subject: VBS Services - Professional Services Agreement |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her |
Designee, On Behalf Of The City Of Oakland, To: 1) Waive The Competitive Bid |
Process, 2) Enter Into A Two-Year Professional Services Agreement For The Period Of |
July 1, 2006 Through June 30, 2008 With VBS Services, In An Amount Not To Exceed |
Forty Nine Thousand, Nine Hundred And Ninety-Eight Dollars ($49,998) To Perform |
Sexual Assault Suspect Examinations For Police Department Investigations |
The June 12, 2007 Public Safety Committee approved recommendations; 4 |
Ayes |
Subject: Travel Authorization - Councilmember Brooks |
From: Councilmember Desley Brooks |
Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To |
Attend The United States Crime Prevention Through Environmental Design Conference |
From July 30th - August 1, 2007 |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the June 14, 2007 Rules and Legislation Committee to |
place this item on the agenda for the following reasons: That there is a |
need to take immediate action 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. |
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: LLAD - Improvement And Assessment |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion, Adopt A |
Resolution Ordering Improvement To The City Of Oakland Landscape And Lighting |
Assessment District, Approval Of Engineer's Report, And Confirming The Levying Of |
The Assessments And Directing The Fiscal Year 2007-2008 Assessment To Be Turned |
Over To The County Auditor-Controller For Billing And Collection |
14.2
Subject: Wildfire Prevention Assessment District-Annual Report |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion, Adopt A |
Resolution Confirming The Information In The Annual Report For The City Of Oakland |
Wildfire Prevention Assessment District For Fiscal year 2007-2008 And Levying Of The |
Assessments |
14.3
Subject: Emergency Medical Services Tax Increase |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) Of An Ordinance Authorizing A Fiscal Year 2007-2008 |
Increase To A Special Tax Imposed For Emergency Medical Services In Accordance |
With The Emergency Medical Services Retention Act of 2004 (Measure M) |
Final Passage (Second Reading) has been scheduled for July 17, 2007
14.4
Subject: Paramedic Emergency Services Tax Increase |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) Of An Ordinance Authorizing A Fiscal Year 2007-2008 |
Increase To A Special Tax Imposed For Paramedic Emergency Services In Accordance |
With The Paramedic Services Act Of 1997 (Measure N) |
Final Passage (Second Reading) has been scheduled for July 17, 2007
14.5
Subject: Library Services Retention Tax Increase |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) Of An Ordinance Authorizing A Fiscal Year 2007-2008 |
Increase To A Special Tax Imposed For Library Services In Accordance With The |
Library Services Retention And Enhancement Act Of 2004 (Measure Q) |
Final Passage (Second Reading) has been scheduled for July 17, 2007
14.6
Subject: 5253 College Avenue - Appeal |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal And Upholding The CEQA Determination Of A Categorical |
Exemption For Case File Number CD06-604 (Construction Of 6 Dwelling Units Over |
Ground Floor Commercial At 5253 College Avenue, Oakland) |
14.6.1
Receive The Legal Opinion From The Office Of The City Attorney Regarding The 5253 |
College Avenue Appeal |
14.7
Subject: Delinquent Business Taxes |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent |
Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of |
Legislation: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator 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) A Resolution Overruling Protests And Accepting And Confirming Reports Of The |
City Administrator 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) A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Business Taxes And The Confirming Of The Recordation Of Liens, |
Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, |
Chapter 5.04 Of The Oakland Municipal Code |
14.8
Subject: Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees |
For October/November/December 2006, Monthly Accounts And |
January/February/March 2007, Quarterly Accounts And Upon Conclusion Adopt One Of |
The Following Pieces Of Legislation: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And |
Confirming The Recordation Of Liens With Administrative Charges And Assessment |
Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And |
Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County |
Tax Collector For Collection; Or |
2) A Resolution Overruling Protests And Objections And Accepting And Confirming |
Reports Of The City Administrator On The Costs Incurred By The City Of Oakland |
Delinquent Garbage Service Fees And Authorizing The Recordation Of Liens With |
Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of |
The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment |
Charges Be Turned Over to The County Tax Collector For Collection; Or |
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On |
Delinquent Garbage Service Fees And The Recordation Of Liens With Administrative |
And Assessment Charges As Necessary - Pursuant Chapter 8.28 Of The Oakland |
Municipal Code |
14.9
Subject: Real Property Transfer Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent |
Real Property Transfer Taxes And Upon Conclusion Adopt One Of The Following |
Pieces Of Legislation: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes |
And Confirming The Recordation Of Liens With Administrative And Assessment |
Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And |
Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County |
Tax Collector For Collection; Or |
2) A Resolution Overruling Protests And Objections And Accepting And Confirming |
Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For |
Delinquent Real Property Transfer Taxes And Authorizing The Recordation Of Liens |
With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 |
Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment |
Charges Be Turned Over to The County Tax Collector For Collection; Or |
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On |
Delinquent Real Property Transfer Taxes And The Recordation Of Liens With |
Administrative And Assessment Charges As Necessary - Pursuant Chapter 4.20 Of The |
Oakland Municipal Code |
14.10
Subject: Transient Occupancy Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent |
Transient Occupancy Taxes And Upon Conclusion Adopt One Of The Following Pieces |
Of Legislation: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And |
Confirming The Recordation Of Liens With Administrative And Assessment Charges As |
Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing |
The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax |
Collector For Collection; Or |
2) A Resolution Overruling Protests And Objections And Accepting And Confirming |
Reports Of The City Administrator On The Costs Incurred By The City Of Oakland |
Delinquent Transient Occupancy Taxes And Authorizing The Recordation Of Liens |
With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 |
Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment |
Charges Be Turned Over to The County Tax Collector For Collection; Or |
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On |
Delinquent Transient Occupancy Taxes And The Recordation Of Liens With |
Administrative And Assessment Charges As Necessary - Pursuant Chapter 4.24 Of The |
Oakland Municipal Code |
ACTION ON NON-CONSENT ITEMS:
15
Subject: McKillop Roadway - Landslide Damage |
From: Public Works Agency |
Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency |
Due To Landslide Damage To McKillop Roadway First Proclaimed By the City Of |
Oakland On October 17, 2006 |
16
Subject: Chicago Climate Exchange |
From: Public Works Agency |
Recommendation: Adopt A Resolution Adopting The Statement Of Principles Regarding |
The Chicago Climate Exchange (A Voluntary, Legally Binding Greenhouse Gas |
Emission Registry, Reductions And Trading System) As Drafted By Participating State |
And Local Government Members Of The Exchange |
Pursuant to Resolution 79006 C.M.S. Rule 7, subpart 8 of the Council |
Rules and Procedures Councilmember Brunner made a motion seconded |
by Councilmember Kernighan to pull this item from the June 5, 2007 |
Consent Calendar and place on the June 19, 2007 City Council Agenda as a |
Non-Consent item |
S-17
Subject: Williams Energy Settlement |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Proceed |
With Multiple Energy Efficiency Projects As Follows: 1) Accept And Appropriate Six |
Hundred Sixty-Six Thousand Six Hundred And Sixty-Six Dollars and Sixty-Seven Cents |
($666,666.67) Of Reliant Energy Settlement Funds And An Additional Nineteen |
Thousand Four Hundred Nine Dollars And Seventy-Four Cents ($19,409.74) Of |
Williams Energy Settlement Funds For Alternative Energy Or Energy Efficiency |
Activities; 2) Recognize And Appropriate Ninety-Five Thousand And Twenty Dollars |
And Twenty-Two Cents ($95,020.22) Of Solar Project-Related Interest And Refund |
Revenue; 3) Re-appropriate One Million Five Hundred Thousand Dollars |
($1,500,000.00) Of Williams Energy Settlement Funds; 4)Accept And Appropriate |
Rebates, Grants And Incentives For Energy Projects; 5) Waive The Competitive |
Solicitation Processes For Various Energy Efficiency Services And Construction; 6) |
Award Contracts For Various Energy Efficiency Services And Construction In Excess Of |
The City Administrator's Purchase Authority; 7) Award A Contract To Iclei Local |
Governments For Sustainability For Greenhouse Gas Emissions Assessment And |
Climate Action Planning In An Amount Not-To-Exceed Eighty Thousand Dollars |
($80,000.00); And 8) Award Grants To Rising Sun Energy Center In The Amount Of |
Eighty Thousand Dollars ($80,000.00) For The 2007 And 2008 Cyes Program, Eco |
Logos, Inc. In The Amount Of Thirty-Five Thousand Dollars ($35,000.00) For Launch |
Of A Pilot Carbon Credit Card Program, And Community Energy Services Corporation |
In The Amount Of Fifteen Thousand Dollars ($15,000.00) For Its Smartlights Program |
The June 12, 2007 Public Works Committee approved recommendations |
and directed staff to return with a supplemental report including the |
following information: 1) More detail concerning the deliverables; 2) An |
exact position description with information on the base salary and the |
benefit load for the “Planner 3”; 3) How CEDA is addressing the |
commercial side and the residential side of the settlement programs (i.e. |
thermostat program, etc.). The Committee also amended the resolution to |
reallocate funds as follows: Decrease the Energy Efficiency & Green |
Building Activities allocation by $75,000 to $375,000 and decrease the |
Community Choice Aggregation (CCA) allocation by $75,000 to $475,000, |
for a total of $150,000. Increase the Green Corps Job Training Program |
from $100,000 to $250,000 and reallocate the $15,000 for City Attorney fees |
to the CCA. The staff report was also amended to include a more detailed |
description of the Green Jobs Corps Training Program; 4 Ayes |
S-18
Subject: Broadway Phase II And III Sidewalk Improvement Project |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Awarding A Construction Contract To Sposeto Engineering, Inc. For |
The Broadway Phase II And II Sidewalk Improvement Project (C1949+20) For An |
Amount Not-To-Exceed Two Million Six Hundred Fifty-One Thousand Three Hundred |
Seventy-Six Dollars And Forty-Five Cents ($2,651,376.45), And Accepting And |
Appropriating A Contribution Of Redevelopment Agency Funds Under The Cooperation |
Agreement for An Amount Not To Exceed Six Hundred Eighty Thousand Four Hundred |
Twelve Dollars ($680,412.00) |
2) An Agency Resolution Authorizing A Contribution Of An Amount Not To Exceed |
Six Hundred Eighty Thousand Four Hundred Twelve Dollars ($680,412.00) From The |
Central District Redevelopment Project To The City Of Oakland Under The Cooperation |
Agreement To Fund The Construction Of The Broadway Phase II And III Sidewalk |
Improvement Project |
The June 12, 2007 Public Works Committee approved recommendations |
and directed staff to do community outreach regarding the parking |
changes while the project is underway. Suggested venues for outreach were |
newspaper ads and running a PSA on KTOP. The Committee also asked |
staff to look at the ACTIA requirements for SLB/LBE versus the City's |
requirement to determine if the city requirements could be enforced in |
conjunction with the ACTIA requirements; 4 Ayes |
S-19
Subject: Historic East 18th Street Pier Overlook Reconstruction Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution 1) Rejecting All Bids Submitted For The Historic |
East 18th Street Pier Overlook Reconstruction Project (C242212); 2) Waiving Further |
Competitive Bidding Requirements; And 3) Authorizing The City Administrator To |
Purchase The Necessary Construction Services And Materials For The Project On the |
Open Market In An Amount Not To Exceed One Million Three Hundred Thousand |
Dollars ($1,300,000.00), Without Return To The City Council |
The June 12, 2007 Public Works Committee approved recommendations as |
amended to remove the language “without return to council” from the |
resolution and directed staff to negotiate with Valentine and return with a |
status report on July 17, 2007 to the full Council; 4 Ayes |
S-20
Subject: Chinatown Pedestrian-Oriented Improvements |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Top Grade |
Construction In The Amount Of Two Million Six Hundred Ninety Thousand One |
Hundred Seventy-Two Dollars ($2,690,172.00) For The Revive Chinatown |
Pedestrian-Oriented Improvement (Project No. G278210) |
The June 12, 2007 Public Works Committee approved recommendations; 4 |
Ayes |
S-21
Subject: Billboard Relocation Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into A Billboard Relocation Agreement With Clear Channel Outdoor, Inc. ("CCO"): (1) |
Allowing CCO To Remove And Waive Its Rights To Compensation, Including All Real |
Property And Personal Property Interests, For A Number Of Billboards At Various |
Locations In Exchange For: (A) Removal Of A Billboard At 381- 5th Street And |
Construction Of A New Billboard At 377-5th Street; And (B) Removal Of A Billboard |
At 3420 Louise Street And Construction Of A Billboard On An Adjacent Lot (APN |
007-0620-001-04); And (2) Requiring Mr. Libitzky, Property Owner Of 3420 Louise |
Street, To Make A One-Time Contribution Of $100,000 To The Chabot Space And |
Science Center And Requiring CCO To Make A One-Time Contribution Of $75,000 To |
A Cause Designated By The City Council |
The June 12, 2007 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 Abstain - Brunner |
S-22
Subject: Voluntary Earthquake Retrofitting Incentive Program |
From: Councilmembers Jean Quan and Jane Brunner |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adopting |
Oakland Municipal Code Chapter 15.30 To Establish A Voluntary Seismic |
Strengthening Reimbursement Incentive Program For Residential Buildings And |
Amending The Master Fee Schedule To Establish A Voluntary Seismic Strengthening |
Permit Fee |
Final Passage (Second Reading) has been scheduled for July 3, 2007 |
The June 12, 2007 Finance and Management and Community and |
Economic Development committees approved recommendations and |
amended the ordinance to reflect the upcoming "Building Code" changes. |
The committees forwarded the resolution to the June 19, 2007 Special |
Budget meeting for funding consideration |
S-23
Subject: Senior Services Set-Aside Program |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute |
Contracts Between The City And Eleven Oakland Nonprofit Agencies (Alameda |
Community Food Bank, Mandela Marketplace, Inc., Alzheimer's Services Of The East |
Bay, Bay Area Community Services, Legal Assistance For Seniors, Lifelong Medical |
Care, Inc., Progressive Research and Training For Action, Rebuilding Together Oakland, |
Self Help For The Elderly, Mercy Retirement And Care Center, St. Mary's Center) To |
Provide Services To Senior Citizens Under Senior Services "Set-Aside" Funding For |
Fiscal Year 2007-2008 In An Total Amount Not To Exceed $470,000 |
The June 12, 2007 Life Enrichment Committee approved recommendations |
and directed staff to return with a supplemental report including the |
following information: 1) the citywide demographics for all seniors; 2) a |
plan for using the“Set-Aside” funding for starting the “strategic planning |
and a needs assessment plan” for seniors; and 3) a list of the existing |
facilities that are operated by the Non-profit organizations and the City of |
Oakland for providing senior services citywide; 2 Ayes, 1 No - Chang, 1 |
Recused - Quan |
S-24
Subject: Cultural Services Contracts |
From: Cultural Arts and Marketing |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into Cultural Services Grants With Seventy-Seven (77) Oakland-Based Nonprofit |
Organizations And Individual Artists Providing Arts And Cultural Services In Oakland |
During Fiscal Year 2007-2008 In A Total Amount Not To Exceed $1,144,838.51 |
The June 12, 2007 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-25
Subject: Measure Y Programs |
From: Department of Human Services |
Recommendation: Adopt The Following Pieces of Legislation: |
1) A Resolution Authorizing The City Administrator To Amend An Agreement Between |
The City Of Oakland An Youth Radio For An Additional Amount Of $75,000 To |
Provide After School Jobs In Accordance With The Violence Prevention And Public |
Safety Act Of 2004 For The Period Of July 1, 2007 To June 30, 2008 With A One Year |
Option To Renew |
2) A Resolution Authorizing The City Administrator To Execute An Agreement |
Between The City Of Oakland And Attitudinal Healing Connection, Inc. For An Amount |
Not To Exceed $25,000 To Provide Restorative Justice Training In Accordance With |
The Violence Prevention And Public Safety Act Of 2004 For The Period Of July 1, 2007 |
To June 30, 2008 With A One-Year Option To Renew |
3) A Resolution Authorizing The City Administrator To Execute An Agreement |
Between The City Of Oakland And Work First Foundation For An Amount Not To |
Exceed $390,000 To Provide Transitional Jobs In Accordance With The Violence |
Prevention And Public Safety Act Of 2004 For The Period Of July 1, 2007 To June 30, |
2008 With A One-Year Option To Renew |
4) A Resolution Authorizing The City Administrator To Amend The Agreement |
Between The City Of Oakland And Cityspan Technologies For An Additional Amount |
Not To Exceed $15,000 To Develop And Maintain A Database For Measure Y Grantees |
For The Period Of July 1, 2007 To June 30, 2008 With A One-Year Option To Renew |
5) A Resolution Authorizing The City Administrator To Amend An Agreement Between |
The City Of Oakland And The Mentoring Center For An Additional Amount Not To |
Exceed $200,000 For Delivery Of Community Services Under The Pathways To Change |
Model For Fiscal Year 2006-2007 With A One-Year Option To Renew |
The June 12, 2007 Public Safety Committee approved recommendations; 4 |
Ayes |
S-26
Subject: Sprint/Nextel Agreement |
From: Finance and Management Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator Or Her Designee To 1) Waive The |
Request For Proposals Competitive Selection Process And Negotiate And Execute An |
Agreement With Sprint/Nextel Communications For The Replacement, Retuning, |
Upgrade And Modification Of The City's 800 Mhz Radio Equipment Per The FCC |
Rebanding Agreement; And |
2) A Resolution Allocating Funds From The Radio Replacement Fund In An Amount |
Not To Exceed Three Hundred Thousand Dollars ($300,000) And Authorize The City |
Administrator Or Her Designee To Execute Contracts Through Competitive Bids For |
Inventory Control Software, Battery Charger/Analyzer And Staff Training Without |
Return To Council |
The June 12, 2007 Public Safety Committee approved recommendations; 4 |
Ayes |
Continuation of Open Forum
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