Oakland, California 94612 |
LaTonda Simmons, Interim City |
Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency/ |
City Council |
Meeting Agenda
City of Oakland
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, February 03, 2004
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. These items are heard on the |
6:00 P.M. portion of the agenda. |
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. These items are heard on the 7 |
:00 P.M. portion of the agenda. |
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; 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 |
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 January 20, 2004 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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 |
This item was rescheduled from the January 20, 2004 City Council agenda
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
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 |
10.2CC
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 |
10.3CC
Subject: Oakland Museum of California Foundation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution re-appointing Virginia Furth, Melvin Harrison, |
Harold Jones, Daryl Lillie, and Margaret McPhee Nelson as members of the Oakland |
Museum of California Foundation Board |
10.4CC
Subject: Jodi Remke - Housing, Residential Rent and Relocation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Jodi Remke as neutral representative, |
as a member of the Housing, Residential Rent and Relocation Board |
At the January 29, 2004 Rules and Legislation Committee meeting this |
item was withdrawn with no new date. |
10.5CC
Subject: Michael E. Montag - Housing, Residential Rent, and Relocation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Michael E. Montag as tenant |
representative, as a member of the Housing, Residential Rent, and Relocation Board |
10.6CC
Subject: Chip Conradi - Business Tax Board of Review |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Chip Conradi as a member of the |
Business Tax Board of Review |
10.7CC
Subject: Roland Walker - Citizen's Police Review Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution reappointing Roland Walker as a member of the |
Citizen's Police Review Board |
10.8CC
Subject: Harriet Waterfield - 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 Harriet Waterfield v. City of Oakland, et al., Alameda |
County Superior Court Case number RG 03-81747, our file number 22393, in the |
amount of $40,000.00, based on a trip and fall on the sidewalk (Public Works Agency) |
10.9CC
Subject: Friendly Transportation, Inc. - Partial Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and partially settle the eminent domain case of Oakland Unified School |
District v. Friendly Transportation, Inc., City of Oakland, et al. for twenty seven |
thousand four hundred and fifty dollars ($27,450.00), as partial payment to the City for |
liens accrued on property located at 3835 E. 12th Street, Oakland, Alameda County |
Superior Court Case number 2002062154 |
10.10CC
Subject: Vehicular Pursuit Policy |
From: Oakland Police Department |
Recommendation: Receive an Informational Report comparing the Oakland Police |
Department's Policy, Procedures, and Precautions used for vehicle pursuits to those of |
other cities |
The January 13, 2004 Public Safety Committee received and forwarded the |
report and requested a supplemental report regarding the number of |
vehicles involved in accidents related to pursuit; 4 Ayes |
10.11CC
Subject: City Owned Surplus Property |
From: Community & Economic Development Agency |
Recommendation: Approve the Final Passage (Second 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 Limited, LLC; and (APN 048d- |
7303-067 for $50,000 & APN 048d-7303-068 for $50,000) Wayne Huey (TITLE |
CHANGE) |
Introduction (First Reading) was approved on January 20, 2004; Vote |
Count 7 Ayes, 1 Excused - Brooks |
10.12CC
Approve the Final Passage (Second Reading) of 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 |
Introduction (First Reading) was approved on January 20, 2004; Vote |
Count 7 Ayes, 1 Excused - Brooks |
S-10.13CC
Subject: Arroyo Viejo Creek Restoration Project |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City to accept and appropriate |
funds from the California Coastal Conservancy in the amount of $400,000 for the |
implementation of the Arroyo Viejo Creek Restoration Project at the Knowland Park/ |
Oakland Zoo Site and to enter into agreements with the California Coastal Conservancy |
for these funds |
The January 27, 2004 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.14CC
Subject: Temescal Pool Renovation Project, |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to reject all bids for |
the Temescal Pool Renovation Project, to informally rebid the project, and to award a |
construction contract to BBI Construction in the amount of six hundred forty-nine |
thousand six hundred seventy-two dollars ($649,672) (TITLE CHANGE)(PURSUANT |
TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE |
) |
The January 27, 2004 Public Works Committee directed staff to amend the |
Resolution to require that staff return directly to Council for award of the |
contract, and to specify that the contract must meet the City's contract |
compliance goals; 4 Ayes |
S-10.15CC
Subject: Community Land Trust Program |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution terminating and reallocating funding for |
the Oakland City-wide Community Land Trust Program established by Resolution |
Number 02-79 C.M.S. |
The January 27, 2004 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
S-10.16CC
Subject: Laboratory Information Management System (LIMS) |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services agreement |
with Forensic Technologies Incorporated in the amount of two hundred eighty-two |
thousand two hundred three dollars ($282,203) for the installation of a Laboratory |
Information Management System (LIMS) for the Forensic Science Laboratory of the |
Oakland Police Department |
The January 27, 2004 Public Safety Committee approved |
recommendations; 4 Ayes |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to 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: General Plan Designation and Rezone-928-998 66th Avenue and |
801-931 69th Avenue - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
legislation to change the General Plan Designation and Rezone: |
1) Adopt a Resolution to change the General Plan designations of 928-998 66th Avenue |
and 801-931 69th Avenue from Housing and Business Mix, General Industrial/ |
Transportation, and Park and Urban Open Space to Neighborhood Center Mixed Use and |
Park and Urban Open Space, and |
2) Approve the Introduction (First Reading) of an Ordinance to rezone 928-998 66th |
Avenue and 801-931 69th Avenue from R-70 High Density Residential, M-30 General |
Industrial, and OS Open Space (Neighborhood Park) to C-25 Office Commercial and |
OS Open Space (Neighborhood Park)(Councilmember Brooks, District 6; |
Councilmembers Reid, District 7) |
Final Passage (Second Reading) is scheduled for February 17, 2004 |
January 27, 2004 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 No - Brunner |
Item 14.1 is related to Items S-23 and S-24. |
14.2
Subject: Ergonomic Workstations For Local Garment Factories - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt an Agency |
Resolution authorizing a grant to Asian Immigrant Women Advocates in an amount not |
to exceed $25,000 for the installation of ergonomic chairs in local garment factories ( |
Vice Mayor Chang, City-wide Councilmember) |
The January 13, 2004 Community and Economic Development Committee |
approved recommendations 3 Ayes, 1 Excused - De La Fuente |
14.3
Subject: Vehicular Food Program - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
legislation for a permanent Vehicular Food Vending Program: |
1) Approve the Introduction (First Reading) of an Ordinance establishing a permanent |
vehicular food vending program to be located within the manufacturing and commercial |
corridors on Fruitvale Avenue and High Street between I-880 to the South and Foothill |
Boulevard to the North, Foothill Boulevard between 19th Avenue to the West and |
MacArthur to the East, International Boulevard between First Avenue to the West and |
105th Avenue to the East, San Leandro Street between Fruitvale Avenue to the West and |
98th Avenue to the East, East 12th Street between 4th Avenue to the West and 23rd |
Avenue to the East, 14th Avenue between East 11th Street to the South and East 19th |
Avenue to the North; |
Final Passage (Second Reading) is scheduled for February 17, 2004
2) Approve the Introduction (First Reading) of an Ordinance amending the Master Fee |
Schedule (Ordinance Number 9336 C.M.S. as Amended) to amend the Vehicular Food |
Vending Fee; |
Final Passage (Second Reading) is scheduled for February 17, 2004
3) Approve the Introduction (First Reading) of an Ordinance amending the Oakland |
Planning Code to reference a permanent Vehicular Food Vending Program; and |
Final Passage (Second Reading) is scheduled for February 17, 2004
4) Adopt a Resolution authorizing the City Manager to appropriate $53,360 in revenue |
and expenditure to the Community and Economic Development Agency Building |
Services Division |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Pushcart Food Vending Program |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation for a permanent Pushcart Food |
Vending Program: |
1) Approve the Introduction (First Reading) of an Ordinance establishing a permanent |
Pushcart Food Vending Program to be located within the manufacturing and commercial |
corridors on Fruitvale Avenue and High Street between I-880 to the South and Foothill |
Boulevard to the North, Foothill Boulevard between 19th Avenue to the West and |
MacArthur to the East, International Boulevard between First Avenue to the West and |
105th Avenue to the East, San Leandro Street between Fruitvale Avenue to the West and |
98th Avenue to the East, East 12th Street between 4th Avenue to the West and 23rd |
Avenue to the East, 14th Avenue between East 11th Street to the South and East 19th |
Avenue to the North; and |
Final Passage (Second Reading) is scheduled for February 17, 2004
2) Approve the Introduction (First Reading) of an Ordinance amending the Master Fee |
Schedule (Ordinance Number 9336 C.M.S. as Amended) to amend a Pushcart Food |
Vending Fee; and |
Final Passage (Second Reading) is scheduled for February 17, 2004
3) Adopt a Resolution authorizing the City Manager to appropriate $20,040 in revenue |
and expenditure to the Community and Economic Development Agency Building |
Services Division |
The January 13, 2004 Community and Economic Development Committee |
approved recommendations 2 Ayes, 1 No - Reid, 1 Excused - De La Fuente |
16
Subject: Medical Cannabis Distribution and Permitting |
From: City Council Legislative Analyst |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
Section 8.46.030 of the Oakland Municipal Code entitled Medical Cannabis Distribution |
Program to provide that the City Manager may designate no more than one (1) entity as a |
medical cannabis provider; |
Final Passage (Second Reading) is scheduled for February 17, 2004
2) Approve the Introduction (First Reading) of an Ordinance amending Title 5 of the |
Oakland Municipal Code entitled Business Licenses and Regulations to add Chapter 5.80 |
pertaining to Medical Cannabis Dispensary Permitting and amending the Master Fee |
Schedule (Ordinance 9336, as amended) to establish regulatory fees (TITLE CHANGE); |
and |
Final Passage (Second Reading) is scheduled for February 17, 2004
3) Adopt a Resolution declaring a low Police priority related to the distribution of |
Medical Marijuana consistent with Oakland Municipal Code Section 5.80 and Senate |
Bill 420; and rescinding Resolution Number 72516 C.M.S. declaring investigation and |
arrest of individuals involved with medical marijuana a low priority policy |
Item 16 is related to Items S-23 and S-24
17
Subject: Opposition to Proposed 2004-2005 State Budget |
Recommendation: Adopt a Resolution urging Oakland's State Legislators to oppose |
Governor Schwarzenegger's proposed 2004-2005 budget because of its negative impact |
on police, fire and other essential services, infrastructure, and the City's economic |
development |
This item was forwarded to the City Council agenda by the January 22, |
2004 Rules and Legislation Committee. |
18
Subject: Measure A - Alameda County Healthcare Initiative |
Recommendation: Adopt a Resolution in support of Alameda County Measure A, an |
increase in sales tax to support the Alameda County Medical Center |
This item was forwarded to the City Council agenda by the January 22, |
2004 Rules and Legislation Committee. |
19
Subject: In-Car Video Systems |
Recommendation: A discussion and action regarding whether to implement a program to |
use in-car video systems as a means to reduce allegations of police misconduct |
This item was forwarded to the City Council agenda by the January 22, |
2004 Rules and Legislation Committee. |
20
Subject: City of Oakland's 2004 Federal Legislative Agenda |
From: Office of the City Manager |
Recommendation: Approve the Report regarding the City of Oakland's proposed 2004 |
Federal legislative agenda |
The January 15, 2004 Rules and Legislation Committee approved |
recommendations, 4 Ayes |
21
Subject: City of Oakland's 2004 State Legislative Agenda |
From: Office of the City Manager |
Recommendation: Approve the Report regarding the City of Oakland's 2004 proposed |
State legislative agenda |
The January 15, 2004 Rules and Legislation Committee approved |
recommendations, 4 Ayes |
S-22
Subject: Wildcat Canyon Ranch - Boarding Fees |
From: Office of Parks and Recreation |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
Ordinance No. 9336 C.M.S.(Master Fee Schedule) as amended, to increase the horse |
boarding fees collected at the City of Oakland stables |
Final Passage (Second Reading) is scheduled for February 17, 2004 |
Revised Recommendation: The January 27, 2004 Finance and |
Management Committee directed the City Attorney to review and amend |
the Ordinance to have a retroactive effective date of February 1, 2004, if a |
precedent exists to do so. |
S-23
Subject: Coliseum Gardens Hope VI Housing Project |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation related to the Coliseum Gardens |
Hope VI Housing Project: |
1) Agency Resolution authorizing the Agency Administrator to negotiate and execute an |
owner participation agreement with the Housing Authority of the City of Oakland for the |
construction and administration of subdivision street infrastructure improvements to |
support the development of Coliseum Gardens Hope VI Housing project by Oakland |
Coliseum Housing Partners, Limited Partnership; and approving a grant for an amount |
not to exceed $4 million dollars to the Housing Authority of the City of Oakland from |
Redevelopment Agency of the City of Oakland Coliseum Area Redevelopment Project |
Tax Allocation Bond, Series 2003, Funds for the Infrastructure improvements |
2) Resolution consenting to the use of $4 million from Redevelopment Agency of the |
City of Oakland Coliseum Area Redevelopment Project Tax Allocation Bond Funds for |
street infrastructure improvements at the Coliseum Gardens Hope VI Housing Project, to |
be constructed pursuant to an owner participation agreement with the Housing Authority |
of the City of Oakland |
January 27, 2004 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
Item S-23 is related to Items 14.1 and S-24. |
S-24
Subject: Coliseum Gardens Park / Lion Creek |
From: Office of Parks and Recreation |
Recommendation: Approve the Introduction (First Reading) Ordinance approving the |
reconfiguring and reconstruction of the existing Coliseum Gardens Park and restoration |
of a portion of Lion Creek and authorizing the City Manager to enter into a Real Property |
Exchange Agreement with the Oakland Housing Authority to transfer fee title for 3.60 |
acres of City-owned park land in exchange for transfer of fee title for 3.60 acres of land |
owned by the Oakland Housing Authority, for the purpose of reconfiguring Coliseum |
Gardens Park and restoring a portion of Lion Creek in support of the Coliseum/Oakland |
Airport BART Station Area Concept Plan |
Revised Recommendation: The January 27, 2004 Life Enrichment |
Development Committee directed staff to amend the Ordinance to include |
that the approval is conditioned on the requirement that Oakland Housing |
Authority will find funding sources for the park that will not compete with |
current City projects; 2 Ayes, 1 No - Brunner, 1 Excused - Chang |
Final Passage (Second Reading) is scheduled for February 17, 2004 |
Item S-24 is related to Items 14.1 and S-23. |
S-25
Subject: Oakland Police and Fire Department- Computer Assisted Dispatch |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to execute the |
Settlement and Release and Agreement to amend the existing Agreement with Motorola, |
Inc. for modifications to the Oakland Police and Fire Departments' Computer Assisted |
Dispatch System and Related Systems (TITLE CHANGE) |
URGENCY ITEM: An urgency finding was made at the January 29, 2004 |
Rules and Legislation Committee to place this item on the agenda. |
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 |
Agency Secretary/City Clerk and |
*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 |