Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Hearing Room 1, City Hall, 1 Frank H. Ogawa Plaza |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, April 19, 2005
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; Vice Mayor Brunner, Dist. 1; Vacant, 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 April 5, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Earth Month 2005 |
From: Public Works Agency |
Recommendation: A Presentation to recognize Earth Month Activities 2005 Volunteers |
8.2
Subject: Oakland Technical High Schools Women's Basketball Team |
Recommendation: Adopt a Resolution Congratulating the Oakland Technical High |
School's Women's Basketball Team on the occasion of their second straight State |
Championship |
This item was withdrawn and rescheduled to the April 19, 2005 City |
Council agenda. |
8.3
Subject: Armenian Genocide Commemoration Day |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution declaring April 24th as Armenian Genocide |
Commemoration Day on the occasion of the 90th Anniversary of the Armenian Genocide |
8.4
Recommendation: Adopt A Resolution recognizing the North Oakland Little League and |
South Oakland Little League's volunteer effort to improve Caldecott Field on the |
occasion of the City of Oakland's acceptance of it as a gift-in-place |
Pursuant to Section Section 2.20.080(E)2 of the Sunshine Ordinance an |
urgency finding was made at the April 14, 2005 Rules and Legislation |
Committee to place this item on the agenda for the following reasons: 1) |
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:
10.1CC-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 |
10.2CC-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 |
10.3CC-CC
Subject: Penny Blair-Veres - 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 Penny Blair-Veres V. City Of Oakland, Alameda |
Superior Court Case No. RG04175337, Our File No. 24174, In The Amount Of |
$72,500.00. This Case Involves An Alleged Dangerous Condition Of Public Property |
(Public Works Agency) |
10.4CC-CC
Subject: Purchase of a Vacant Land Parcel |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
authorizing the City of Oakland to purchase a vacant land parcel, Assessor Parcel |
Number 014-1272-033, from the Alameda County Tax Assessor Office for the continued |
use as a neighbour pocket park for the cost of delinquent property taxes and closing costs |
estimated at $7,500 |
Introduction (First Reading) was approved on April 5, 2005; 7 Ayes
10.5CC-CC
Subject: Oakland's Arbor Day 2005 |
From: Public Works Agency |
Recommendation: Adopt a Resolution proclaiming, April 29, 2005, to be the City of |
Oakland's Arbor Day 2005 and authorizing an Official Tree Planting Ceremony at |
Defremery Park |
The April 12, 2005 Public Works Committee approved recommendations; |
10.6CC-CC
Subject: City-Wide Tree Planting Program |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the application for, acceptance, and |
appropriation of funds from the Urban Forestry Grant Program of the Proposition 12 |
Watershed, Wildlife and Parks Improvement Bond Act of 2000, in the amount of Fifty |
Thousand Dollars ($50,000) for the City-Wide Tree Planting Program |
The April 12, 2005 Public Works Committee approved recommendations; |
4 Ayes. |
10.7CC-CC
Subject: North Oakland Little League - Donation |
From: Public Works Agency |
Recommendation: Adopt a Resolution accepting and expressing appreciation for a |
gift-in-place donated by the North Oakland Little League of a turf baseball infield at the |
North Oakland Sports Complex (Caldecott Field) |
The April 12, 2005 Life Enrichment Committee approved |
recommendations; 3 Ayes. |
10.8CC-CC
Subject: Reprogramming of Departmental Funds |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the reprogramming of $312,831 in |
unspent program balances under the Winter Relief Program, Emergency Shelter Grant |
Program, Transitional Housing Grant Program, Emergency Housing Program, and other |
homeless and hunger programs |
The April 12, 2005 Life Enrichment Committee approved |
recommendations; 3 Ayes. |
10.9CC-CC
Subject: Measure DD- Oakland Trust for Clean Water and Safe Parks |
From: Community and Economic Development Agency |
Recommendation: Receive a Supplemental Report on the Measure DD Status Report #1 |
and Report and Recommendation for allocating $765,000 from the Lake Merritt |
System-Wide Improvement Project category to fund a dedicated fire suppression line in |
Lakeside Park |
The April 12, 2005 Life Enrichment Committee approved the receipt and |
fowarding of this item; 3 Ayes. |
Subject: Designation of Oakland Fire Stations As "Safe Havens" |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution designating Oakland Fire Stations as "Safe |
Havens" for the purposes of the State's Safe Haven for Newborns Law and authorizing |
the City Administrator to undertake actions necessary to effectuate the designation |
The April 12, 2005 Public Safety Committee approved recommendations |
and directed staff to create a sign for posting that directs visitors to the |
next neighboring stations when a station is closed; 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: Girls Incorporated - Conditional Use Permit - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution |
denying the appeal and upholding the decision of the City Planning Commission |
approving a Major Conditional Use Permit and design review for the construction of 2 |
portable buildings, a concrete patio, 2 arbors, landscaping, and the addition of after |
school programming in Concordia Park (3000 62nd Avenue) by Girls Incorporated of |
Alameda County. |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Amendment to the Master Fee Schedule |
From: Public Works Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
Ordinance Number 12611 C.M.S. (Master Fee Schedule), as amended, increasing hourly, |
daily and monthly parking fees, and adding new promotional programs for parking |
facilities operated by the City of Oakland |
2) Adopt a Resolution appropriating $93,403 to the Multi-purpose Reserve Fund (Fund |
1750) for parking facilities operated by the City of Oakland (TITLE CHANGE) |
This item was continued from the April 5, 2005 City Council meeting.
16
Subject: California State Department of Transportation - Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution supporting a Public Trust Land |
exchange at the former Oakland Army Base by authorizing the Agency Administrator to |
negotiate and enter into a purchase and sale agreement with the California State |
Department of Transportation for a 6.5 acres portion of the property known as City-Port |
MOA parcel nine |
17
Subject: Oak Knoll Naval Medical Center |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator |
to negotiate and execute a settlement agreement with the United States Navy and the |
Oakland Base Reuse Authority regarding the disposition of the Naval Medical Center |
Oakland (Oak Knoll) Property that will include transferring approximately 5.5 acres of |
the property to the Oakland Redevelopment Agency |
18
From: Public Works Agency |
Recommendation: Adopt a Resolution approving the final Map of Tract Map Nos. 7351 |
and 7493 in a real estate subdivision entitled "Tract 7351", Leona Quarry Subdivision, |
located north of the intersection of Mountain Boulevard and Edwards Avenue, Oakland, |
Alameda County, California |
19
Subject: Knowland Park and Zoo - Living Wage Waiver |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution suspending the Living Wage Requirements for the |
East Bay Zoological Society until July 1, 2005 |
At the April 5, 2005 City Council Meeting, the Oakland City Council |
directed the City Attorney to prepare a Resolution suspending the Living |
Wage Requirements for the East Bay Zoological Society until July 1, 2005; |
7 Ayes |
20
Subject: Measure Y Committee Appointment |
From: Councilmember Brooks |
Recommendation: Adopt a Resolution Appointing Gerald Simon (District 6 |
Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
Committee |
21
Subject: Measure Y Committee Appointment |
Recommendation: Adopt a Resolution Appointing Amy Lemley (District 1 |
Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
Committee |
22
Subject: Measure Y Committee Appointment |
Recommendation: Adopt a Resolution Appointing Jose Dorado (District 5 |
Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
Committee |
23
Subject: Measure Y Committee Appointment |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution Appointing Ken Lupoff As A Member Of The |
Violence Prevention And Public Safety Oversight Committee |
24
Subject: Measure Y Committee Appointment |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution Appointing Venus Rodriguez As A Member Of |
The Violence Prevention And Public Safety Oversight Committee |
25
Subject: Measure Y Committee Appointment |
Recommendation: Adopt a Resolution Appointing Maya Dillard Smith (District 7 |
Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
Committee |
26
Subject: Appointment to the City-Port Liaison Committee |
From: Council President De La Fuente |
Recommendation: Action Pursuant To The Council's Rules Of Procedure (Resolution |
#79006 C.M.S.) To Confirm The City Council President's Appointment Of |
Councilmember Henry Chang To The City-Port Liaison Committee As Co-Chairperson |
Pursuant to Section Section 2.20.080(E)2 of the Sunshine Ordinance an |
urgency finding was made at the April 14, 2005 Rules and Legislation |
Committee to place this item on the agenda for the following reasons: 1) |
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. |
27
Subject: Underground Utility District No 233 - Construction Contract |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to award a |
contract to Underground Construction Company, Inc., in an amount not to exceed |
$9,282,964.45 for construction of Underground Utility District No. 233, on MacArthur |
Boulevard (from 73rd Avenue to the San Leandro city line) ("District"), $1,673,022.00 to |
be paid by the City of Oakland and the remainder (totaling $7,609,942.45) to be paid by |
PG&E, SBC and Comcast; or, alternatively, waiving further bidding requirements and |
authorizing the City Administrator to reject all bids and negotiate, award and execute a |
contract to construct the district for an amount within each entity's budget starting with |
the lowest, responsible bidder, without return to Council |
The April 12, 2005 Public Works Comiittee approved recommendations; 4 |
Ayes |
27.1
Subject: Underground Utility District No 233 - Construction Contract |
From: Office of the City Auditor |
Recommendation: Receive a Report from the City Auditor on a Resolution authorizing |
the City Administrator to award a contract to Underground Construction Company, Inc., |
in an amount not to exceed $9,282,964.45 for construction of Underground Utility |
District No. 233, on MacArthur Boulevard (from 73rd Avenue to the San Leandro city |
line) ("District"), $1,673,022.00 to be paid by the City of Oakland and the remainder |
(totaling $7,609,942.45) to be paid by PG&E, SBC and Comcast; or, alternatively, |
waiving further bidding requirements and authorizing the City Administrator to reject all |
bids and negotiate, award and execute a contract to construct the district for an amount |
within each entity's budget starting with the lowest, responsible bidder, without return to |
Council |
28
Subject: Chinatown Pedestrian-Oriented Improvements Project |
From: Public Works Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Adopt a Resolution Accepting a Transportation for Livable Communities (TLC) Grant |
for $2,200,000 from the Metropolitan Transportation Commission (MTC), accepting |
$159,000 in matching funds from the Redevelopment Agency under the Cooperation |
Agreement, and appropriating such funds to fund the Revive Chinatown |
Pedestrian-Oriented Improvements Project; and |
The April 12, 2005 Public Works Comiittee approved recommendations; 4 |
Ayes |
2) Adopt an Agency Resolution Reallocating $159,000 from the Downtown Capital |
Project support to the City of Oakland under the Cooperation Agreement to fund the |
Revive Chinatown Pedestrian-Oriented Improvements Project as matching funds for a |
Metropolitan Transportation Commission (MTC) Grant |
28.1
Subject: Chinatown Pedestrian-Oriented Improvements Project |
From: Office of the City Auditor |
Recommendation: Receive an Informational Report regarding the Resolution accepting a |
Transportation for Livable Communities (TLC) Grant for $2,200,000 from the |
Metropolitan Transportation Commission (MTC), accepting $159,000 in matching funds |
from the Redevelopment Agency under the Cooperation Agreement, and appropriating |
such funds to fund the Revive Chinatown Pedestrian-Oriented Improvements Project; |
and |
2) Adopt an Agency Resolution Reallocating $159,000 from the Downtown Capital |
Project support to the City of Oakland under the Cooperation Agreement to fund the |
Revive Chinatown Pedestrian-Oriented Improvements Project as matching funds for a |
Metropolitan Transportation Commission (MTC) Grant |
29
Subject: Raiders Ticket Surcharge |
From: Office of the City Administrator - Budget Office |
Recommendation: Adopt a Resolution decreasing estimated revenue and offsetting |
appropriation from the 2004 Raiders Ticket Surcharge and authorizing a transfer of |
$152,327.78 from the Non-Departmental citywide activities to the Office of Parks and |
Recreation to benefit Citywide youth activities |
The April 12, 2005 Finance and Managment Committee approved |
recommendations and directed staff to prepare a Supplemental Report |
including a list of all ball teams including the location of thier home fields;3 |
Ayes, 1 Abstain - Brunner |
30
Subject: 2005 Citizens Survey Administered Findings |
From: Office of the City Administrator |
Recommendation: Receive an Informational Report on the findings of the City of |
Oakland 2005 Citizens Survey administered by the Public Opinion Research Firm of |
Fairbank, Maslin, Maullin and Associates |
The April 12, 2005 Finance and Managment Committee received and |
forwarded this report; 4 Ayes |
31
Subject: Continued Paratransit Services - Measure B |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
accept, and appropriate funds in the amount of $844,747 from Alameda County |
Transportation Improvement Authority (ACTIA) Measure B Funds and up to $400,000 |
Measure B Gap Funds for the Fiscal Year 2005-2006 for paratransit services |
The April 12, 2005 Life Enrichment Committee approved |
recommendations and directed staff to prepare a Supplemental Report |
that includes a break down of administrative costs; the exact fund(s) from |
which the dollars will be allocated; and a list of programs receiving |
funding and the designated funding for the East Oakland Project: 3 Ayes |
32
Subject: Lake Merritt Bicycle/Pedestrian Project - Derby Street |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the application for, acceptance, and |
appropriation of up to $200,000 from the State of California Department of Parks and |
Recreation Land and Water Conservation Fund Program for the Lake Merritt |
Bicycle/Pedestrian Project and up to $200,000 for the Derby Street segment of the |
Oakland Water Front Trail |
The April 12, 2005 Life Enrichment Committee received and forwarded |
this report; 3 Ayes |
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 |
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noticed as a Special Meeting of the City Council; however, no final City Council action |
can be taken. |
ORA - Oakland Redevelopment Agency |