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, October 21, 2003
DEFINITION OF TERMS:
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. |
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 Meetings of the Oakland Redevelopment |
Agency/City Council held on September 30, 2003 and October 7, 2003 |
7
Presentation of Ceremonial Matters
8
Subject: Bananas Child Care Referral Agency |
From: Councilmember Chang |
Recommendation: Adopt a Resolution to honor and commemorate "Bananas" |
a Child Care Information and Referral and Parent Support on its 30th |
anniversary |
8.1
Council Acknowledgements / Announcements
9
CONSENT CALENDAR (CC) ITEMS:
10
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: John McDonald - Oakland Museum of California Foundation |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing John McDonald as a |
member of the Oakland Museum of California Foundation Board |
10.3
Subject: David Kramer - Board of Port Commissioners |
From: Office of the Mayor |
Recommendation: Adopt a Resolution reappointing David Kramer as a |
member of the Board of Port Commissioners |
10.4
Subject: Benjamin Fay - Budget Advisory Committee |
From: Office of the Mayor |
10.5
Recommendation: Adopt a Resolution appointing Benjamin Fay as Chair of |
the Budget Advisory Committee |
Subject: Colleen Louise Brown - Community Policing Advisory Board |
From: Councilmember Chang |
Recommendation: Adopt a Resolution appointing Colleen Louise Brown as a |
member of the Community Policing Advisory Board |
10.6
Subject: Kereem Thurston - 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 Kereem Thurston v. City of |
Oakland, et. al., United States District Court Case No. C-01 3839 WDB, our file |
no. 21395, in the amount of $15,000.00; This case involves a claim of use of |
excessive force (Oakland Police Department-Alleged Civil Rights Violation) |
10.7
Subject: Tim Twork - 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 Tim Twork v. City of Oakland, et |
al., Alameda County Superior Court No. 2002-049699, our file no. 21995, in |
the amount of $17,500.00 (Public Works Agency - Trip and Fall) |
10.8
Subject: Carlos and Maria Oliva - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the claim of Carlos and Maria Oliva, in the |
amount of $6,405.16, as a result of property damage sustained due to a sewer |
flood caused by a clogged City sewer main (Public Works Agency) |
10.9
AT THE REQUEST OF THE JULY 23, RULES AND LEGISLATION COMMITTEE THIS |
ITEM WAS RESCHEDULED TO NOVEMBER 3, 2003. |
Subject: Sysomphone Phiakhamta - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the claim of Sysomphone Phiakhamta in the |
amount of $8,815.00, as a result of bodily injury damages sustained in an |
automobile collision with a City vehicle (Oakland Police Department) |
10.10
Subject: Business Tax Incentive Program |
10.11
From: Finance & Management Agency |
Recommendations: Approve the Final Passage (Second Reading) of an |
Ordinance amending Section 5.04.151 of the Oakland Municipal Code to |
provide that all businesses regardless of location are eligible to participate in |
the Tax Abatement Program, to codify the definition of the benchmark year for |
both new and existing businesses, to require the completion of an application |
for any business that wants to enroll in the program, and to codify the sunset |
date for enrollment in the Program |
Introduction (First Reading) was approved on September 30, 2003; Vote Count 8 Ayes.
Subject: Development of Infiniti Automobile Dealership |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance authorizing sale of .93 acres of City land near Oakport Street and |
Hassler Way to the Redevelopment Agency for $40,593.00, for sale to |
Hendrick Automotive Group for development of an Infiniti dealership |
10.12
Introduction (First Reading) was approved on September 30, 2003; Vote Count 8 Ayes.
Subject: Oakland-Alameda County Coliseum Security |
From: Oakland Police Department |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance amending Oakland Municipal Code Chapter 8.44, "Security for |
events at the Oakland-Alameda County Coliseum Complex, Section 8.44.040, " |
Activities Prohibited within The Oakland-Alameda County Coliseum Complex |
Parking Facility" and Section 8.44.050, "Penalties" and amending Chapter 1.28 |
, "General Penalty," Section 1.28.020, "Violations as Infraction," Subsection A. |
1.E. |
10.13
Introduction (First Reading) was approved on September 30, 2003; Vote Count 8 Ayes.
Subject: Ettie Street Pump Station Watershed |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
into an agreement with the State of California Water Resources Control Board |
to accept and appropriate $460,000 in "Coastal Nonpoint Source Program" |
grant monies for PCB abatement in the Ettie Street Pump Station Watershed, |
and to use $69,000 from the City's Clean Water Program budget as required |
matching funds |
10.14
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
Subject: Andes Construction Inc. - Rehabilitation of Sanitary Sewers |
10.15
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing an award of a contract to |
Andes Construction, Inc., for the rehabilitation of sanitary sewers in Market St., |
45th St., and West St. (Part of Subbasin 50-03) (Project No. C65120), for the |
amount of one million two hundred fifty thousand two hundred twenty-five |
dollars ($1,250,225) (PURSUANT TO SECTION 902-E OF THE CITY |
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) |
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
Subject: Gallagher and Burk, Inc. |
From: Public Works Agency |
Recommendation: Resolution authorizing award of a construction contract to |
Gallagher and Burk, Incorporated for rehabilitation of certain streets in the City |
of Oakland by the overlay method between the dates of September 1, 2003 |
and August 31, 2004 in the amount of $1,241,832.40 (Project No. C17180) ( |
PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM |
REQUIRES A 2/3 VOTE) |
10.16
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
Subject: 7th Street Pump Station |
From: Public Works Agency |
Recommendation: Resolution authorizing the City Manager to enter into a |
professional services agreement with URS Corporation for engineering design |
services for the 7th Street Pump Station project for an amount not to exceed |
one hundred thousand dollars ($100,000) |
10.17
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
Subject: Purchase of Real Property - 1414 73rd Avenue |
From: Community & Economic Development Agency |
Recommendation: Approve the Introduction (First Reading ) of an Ordinance |
authorizing the City Manager to enter into a purchase and sale agreement to |
purchase a portion of the real property located at 1414 73rd Avenue from |
Lawrence P. Davenport for a total amount not to exceed $80,000 including |
closing costs |
10.18
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
The Final Passage (Second Reading) has been scheduled for November 4, 2003. |
Subject: Installation of Bicycle Lanes |
From: Public Works Agency |
Recommendation: A Resolution authorizing the City of Oakland to install |
bicycle lanes on MacArthur Boulevard between Park Boulevard and Lakeshore |
Avenue, by reconfiguring the travel lanes |
10.19
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
Subject: Lafayette Square Park |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing an agreement between the |
City Of Oakland and Berkeley Builders, Inc. dba BBI Construction (BBI) to |
reimburse BBI in an amount not to exceed $95,000 for expenses for the |
completion of construction of Lafayette Square Park (PURSUANT TO |
SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 |
VOTE) |
10.20
The October 21, 2003, Public Works Committee approved recommendations; 3 Ayes; 1 |
Excused-Chang. |
Subject: Linked Banking Service Ordinance |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution certifying banks that have met their |
2001 and 2002 fair share goals pursuant to the City's Linked Banking Service |
Ordinance |
10.21
The October 21, 2003, Community and Economic Development Committee approved |
recommendations; 3 Ayes; 1 Excused-Chang. |
Subject: Jack London Gateway Shopping Center |
From: Community and Economic Development Agency |
Recomendation: Adopt the following legistaltion: |
1) Adopt a Resolution amending Resolution No. 75142 C.M.S. to replace |
Community Plaza Developers, LLC, with JLG Associates, LLC, as purchaser |
and developer of the Jack London Gateway Shopping Center; and |
10.22
2) Adopt an Agency Resolution amending Resolution No. 99-34 C.M.S to |
replace Community Plaza Developers, LLC, with JLG Associates, LLC,as |
purchaser and developer of the Jack London Gateway Shopping Center |
The October 21, 2003, Community and Economic Development Committee approved |
recommendations; 3 Ayes; 1 Excused-Chang. |
Subject: Lexus and Infiniti Automobile Dealerships |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation |
1) Agency Resolution authorizing the purchase from the City of Oakland for |
$419,407.00, for a portion of the former railroad spur (a portion of APN 041- |
3902-013) located between Hassler Way and Damon Slough which was used |
for various redevelopment projects known as the Lexus and Infiniti automobile |
dealerships, and |
10.23
2) Approve the Introduction (First Reading) of an Ordinance authorizing the |
sale from the City Of Oakland to the Redevelopment Agency of the City Of |
Oakland for $419,407, for a portion of the former railroad spur (a portion of |
APN 041-3902-013) located between Hassler Way and Damon Slough which |
was used for various redevelopment projects known as the Lexus and Infiniti |
automobile dealerships |
The October 21, 2003, Community and Economic Development Committee approved |
recommendations; 3 Ayes; 1 Excused-Chang. |
The Final Passage (Second Reading) has been scheduled for November 4, 2003. |
Subject: Burns & Watry, Inc. |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution appropriating up to $100,000 |
from Redevelopment Funds and authorizing the Agency Administrator to enter |
into a contract with Burns & Watry, Inc. for services for Central City East |
Redevelopment Area and the West Oakland plan adoption process for an |
amount not to exceed $97,000 and $3,000.00 for contract compliance services |
10.24
The October 21, 2003, Community and Economic Development Committee approved |
recommendations; 3 Ayes; 1 Excused-Chang. |
Subject: Temporary Winter Shelter at the Oakland Army Base |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
into an operating agreement with Operation Dignity, Inc., funding agreements |
with Alameda County and the City of Berkeley, and a lease with the Oakland |
Base Reuse Authority as necessary to establish a temporary winter shelter at |
the Oakland Army Base, and allocating funds for shelter operation |
10.25
The October 21, 2003, Life Enrichment Committee approved recommendations; 3 Ayes; |
1 Excused-Chang. |
Subject: Oakland Fund for Children and Youth Evaluation Report |
From: Department of Human Services |
10.26
Recommendation: Adopt a Resolution adopting the Oakland Fund for Children |
and Youth Final Evaluation Report for Fiscal Year 2002-2003 |
The October 21, 2003, Life Enrichment Committee approved recommendations; 3 Ayes; |
1 Excused-Chang. |
Subject: Group 4 Architecture |
From: Public Works Agency |
Recomendation: Adopt a Resolution authorizing Amendment Number 1 in the |
amount of $230,000 to the agreement with Group 4 Architecture Research and |
Planning, Inc. to complete a Master Facilities Plan and a Proposition 14 |
Application for a new library for a total contract amount not to exceed $500,000 |
10.27
The October 21, 2003, Life Enrichment Committee approved recommendations; 3 Ayes; |
1 Excused-Chang. |
Subject: Friends of Peralta Hacienda Historical Park |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to accept a |
contribution of ten thousand dollars ($10,000) from Friends of Peralta |
Hacienda Historical Park (Friends) and award a contract in an amount not to |
exceed $190,000 to Friends for project management services to oversee the |
development and implementation of an interpretive exhibit project, valued at $ |
200,000 for Peralta Hacienda Historical Park |
10.28
The October 21, 2003, Life Enrichment Committee approved recommendations as |
amended to revise the resolution to identify all funding sources; 3 Ayes; 1 Excused- |
Chang. |
Subject: Fruitvale Pedestrian Plaza Public Art Project - Daniel Camacho |
From: Cultural Arts & Marketing Department |
Recommendation: Adopt a Resolution authorizing a Professional Services |
Agreement between the City of Oakland and Daniel Camacho in an amount |
not to exceed $47,000 for the Fruitvale Pedestrian Plaza Public Art Project |
10.29
The October 21, 2003, Life Enrichment Committee approved recommendations; 3 Ayes; |
1 Excused-Chang. |
Subject: Fruitvale Pedestrian Plaza Public Art Project - Vickie Jo Sowell |
From: Cultural Arts & Marketing Department |
Recommendation: Adopt a Resolution authorizing a professional services |
agreement between the City of Oakland and Vickie Jo Sowell in an amount not |
to exceed $25,000 for the Fruitvale Pedestrian Plaza Public Art Project |
10.30
The October 21, 2003, Life Enrichment Committee approved recommendations; 3 Ayes; |
1 Excused-Chang. |
Subject: Oakland Museum Renovation |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
into a no-cost agreement with the Oakland Museum of California Foundation to |
oversee renovation of the Oakland Museum of California building, made |
possible by Measure G (Zoo, Museum and Science Center Improvement |
General Obligation Bonds) and additional private fund raising |
10.31
The October 21, 2003, Life Enrichment Committee approved recommendations; 3 Ayes; |
1 Excused-Chang. |
Subject: Oakland Youth Court Project |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
of the City of Oakland, to accept and appropriate a grant in the amount not to |
exceed two hundred and eight thousand and seventy two dollars ($208,072) |
from the State of California Office of Criminal Justice Planning (OCJP) Juvenile |
Accountability Incentive Block Grant (JAIBG) Program and authorizing a |
funding agreement in an amount not to exceed one hundred and ninety four |
thousand five hundred and fifty five dollars($194,555) with the Donald P. |
McCullum Youth Court, for the implementation of the Oakland Youth Court |
Project |
10.32
The October 21, 2003, Public Safety Committee approved recommendations; 4 Ayes.
Subject: Electronic Crime Task Force |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager to accept |
and appropriate a maximum of thirteen thousand dollars ($13,000) in federal |
funds from the United States Department of the Treasury, United States Secret |
Service (USSS) to the Oakland Police Department for the overtime costs of |
one (1) Police Officer assigned to the Organized Crime Drug Enforcement |
Task Force (OCDETF) and the Electronic Crime Task Force for the period of |
October 14, 2003 to September 30, 2004 |
10.33
The October 21, 2003, Public Safety Committee approved recommendations; 4 Ayes.
Subject: California Seat Belt Compliance Campaign |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
of the City of Oakland, to accept and appropriate a grant in an amount not to |
exceed forty-nine thousand six hundred and forty-six dollars ($49,646) from the |
State of California, Office of Traffic Safety for a four-month California Seat Belt |
Compliance Campaign within the Police Department |
10.34
The October 21, 2003, Public Safety Committee approved recommendations; 4 Ayes.
Subject: Language Translation Services |
From: Oakland Police Department |
Recommendation: Receive a report and adopt the proposed resolution |
authorizing the City Manager, on behalf of the City of Oakland, to enter into a |
two-year Professional Services Agreement between the City of Oakland and |
Language Line Services, LLC, in an amount not to exceed one hundred eighty- |
seven thousand, four hundred thirty dollars ($187,430) for the two-year period |
of July 1, 2003 to June 30, 2005 for language translation services; on the |
October 14, 2003 Public Safety Committee agenda |
10.35
The October 21, 2003, Public Safety Committee approved recommendations; 4 Ayes.
Subject: Compass Group, USA |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing an agreement between the |
City of Oakland and Compass Group, USA by and through its Canteen |
Correctional Services Division in an amount not to exceed three hundred |
thousand dollars ($300,000) in Fiscal Year 2003-2004 for the provision of food |
and food service management for the City of Oakland Jail |
10.36
The October 21, 2003, Public Safety Committee approved recommendations; 4 Ayes.
Subject: Firefighter Protective Footware |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution awarding two contracts to L.N. Curtis |
and Bricker Mincolla for firefighter protective footwear in an amount not to |
exceed two hundred sixty thousand dollars ($260,000) for both contracts, for |
the period August 31, 2003 through August 30, 2006 and authorizing City |
Manager to extend said contracts, one year at a time, until August 31, 2008, for |
a total annual expenditure for both contracts, thereafter, of eighty six thousand |
six hundred sixty six dollars ($86,666) |
10.37
The October 21, 2003, Public Safety Committee approved recommendations; 4 Ayes.
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
Consideration of items with statutory Public Hearing Requirements:
14
Subject: Tree Removal Appeal - 2848 Longwalk Drive - Public Hearing |
From: Office of Parks and Recreation |
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a |
14.1
Resolution denying the appeal filed by Festus Ogbeide against the decision of |
the Director of the Office of Parks and Recreation approving the issuance of |
tree removal permit DR03-053 fot the property located at 2848 Longwalk Drive |
Subject: Service Enriched Permanent Housing Residential Activity - Public |
Hearing |
From: Community and Economic and 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 denying the application for a Major Conditional Use Permit to |
establish a Service Enriched Permanent Housing Residential Activity within an |
existing structure located at 2375 Fruitvale Avenue |
14.2
Subject: Joint Living and Working Quarters - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
amending the Oakland Planning Code to allow the conversion of existing non- |
residential buildings to residentially-oriented joint living and working quarters in |
the downtown area bounded by Highway 980/Brush Street, the estuary |
shoreline, the Lake Merritt/Estuary Channel, the western shore of Lake Merritt, |
and 27th Street |
14.3
Revised Recommendation: The July 8, 2003, Community and Economic Development |
Committee directed staff to amend the ordinance removing the standard that the total |
floor area of the project does not exceed 100,000 square feet. |
At the July 15, 2003, City Council meeting the introduction of the ordinance failed. The |
Council further directed staff to provide information regarding the number of downtown |
buildings eligible for conversion that have no parking. |
Final Passage [Second Reading] has been scheduled for November 4, 2003. |
Subject: Large-Scale Combined Retail and Grocery Sales - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
amending the Oakland Planning Code to define "Large-Scale Combined Retail |
and Grocery Sales Commercial Activities"; and to prohibit this activity type in all |
zones (TITLE CHANGE) |
14.4
Revised Recommendation: The September 23, 2003 Community and Economic |
Development Committee approved staff's revised recommendation to prohibit this |
activity type in all zones. |
Final Passage [Second Reading] has been scheduled for November 4, 2003. |
ACTION ON NON-CONSENT ITEMS:
Subject: Family Violence Prevention Services |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the acceptance and |
appropriation of one hundred fifteen thousand dollars ($115,000.00) in U.S. |
Department of Justice, Governor's Office of Criminal Justice Planning Law |
Enforcement Specialized Units Program grant funds to the Police Department |
and authorizing the City Manager to enter into a professional services |
agreement with the Family Violence Law Center in the amount not to exceed |
four hundred forty seven thousand five hundred dollars ($447,500.00) for |
Family Violence Prevention Services |
15
Time Sensitive: This item was forwarded directly to the Council agenda due to its time- |
sensitive nature as determined by the October 2, 2003, Rules and Legislation |
Committee. |
Subject: Family Violence Prevention Services - Impartial Financial Analysis |
From: Office of the City Auditor |
15.1
Subject: Clear Channel Billboard Relocation Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
into a Billboard Relocation Agreement with Clear Channel Outdoor Inc. to |
waive its rights to compensation, including all real property and personal |
property interests for twelve billboards located at 2024, 2564, and 6518 San |
Pablo Ave. (total of seven billboards), 6115 and 7326 International Blvd., 743 |
High Street, 2715 Foothill Blvd., and 1028 98th Ave. in exchange for the |
reconstruction of an existing billboard at 743 High Street, a new billboard at |
3425 Ettie Street, and the commitment of Clear Channel Outdoor, Inc. to retain |
its office and operational facilities in the City of Oakland for a minimum period |
of ten years |
16
This item was rescheduled from the September 30, 2003, City Council agenda.
Subject: Endymion Systems, Inc. |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to |
negotiate and execute a professional services contract with Endymion |
Systems, Inc., for a telecommunications inventory in an amount not-to-exceed |
eighty one thousand dollars ($81,000) |
17
This item was rescheduled from the September 30, 2003, City Council agenda.
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. 12298 C.M.S. (The |
Salary Ordinance) to add the classifications of Animal Care Attendant, PT, |
Animal Care Attendant, PPT, Animal Care Attendant, Assistant Budget |
Analyst, Curator of Special Projects, Curator of Special Projects, PPT, |
Financial Analyst, PPT, Marine and Aquatics Supervisor and Sports Official, |
18
PT, and to amend the classifications of Assistant to the City Auditor, Complaint |
Investigator II, Jailer III, Legal Secretary II, Legal Secretary, Supervising, |
Payroll Control Specialist, Program and Performance Auditor, Senior Aide, PT |
and Special Needs Coordinator |
Final Passage (Second Reading) has been scheduled for November 4, 2003. |
This item was continued from the September 30, 2003, City Council meeting. |
Subject: Safety Element of the General Plan |
From: Community and Economic Development Agency |
Recommendation: A Continued Discussion to Receive an Informational Report |
regarding the update to the Safety Element of the City of Oakland's General |
Plan |
19
At the October 16, 2003, Rules and Legislation Committee this item was withdrawn and |
rescheduled to the December 16, 2003 City Council meeting. |
Subject: Draft Housing Element |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to submit |
the Draft Housing Element to the California Department of Housing and |
Community Development |
20
Revised Recommendation: At the July 15, 2003 City Council meeting staff was directed |
to extend the public comment period and to return to Council in September with those |
comments incorporated prior to submission of the Housing Element to the State. |
Subject: Proposition 40 Projects |
From: Public Works Agency |
Recommendation: Approve Recommendations regarding allocating |
Proposition 40 (California Clean Water, Clean Air, Safe Parks, and Coastal |
Protection Act of 2002) Per Capita Program Funds ($1,798,000.00) and |
Roberti-Z'Berg-Harris Program ($1,804,043.00) Block Grants, applying for |
Proposition 40 Murray-Hayden and Frommer Urban Parks Act Competitive |
Grant Program Funds, and reallocating $350,000.00 in Proposition 12 (2000 |
State Park Bond) Per Capita Program Funds |
21
Revised Recommendation: The September 23, 2003 Life Enrichment Committee |
approved staff recommendations; 4 Ayes. |
The Committee also directed staff to draft the following legislation related to this matter: |
1. Adopt a Resolution authorizing the application, acceptance and |
appropriation of grant funds for the Per Capita Program under the California |
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act |
of 2002 in the amount of one million seven hundred ninety-eight thousand |
dollars ($1,798,000.00), for the following projects: Lawn Bowling Roof Repair in |
the amount of one hundred fifty thousand dollars ($150,000.00); Estuary Park |
in the amount of two hundred thousand dollars ($200,000.00); Live Oak Pool |
Deck Repair in the amount of five hundred fifty thousand dollars ($550,000.00); |
Dimond Recreation Center Deck Repair in the amount of five hundred |
thousand dollars ($500,000.00); Dunsmuir House Electrical Repair in the |
amount of seventy thousand dollars ($70,000.00); Recreation Center Fire |
Alarm Repairs in the amount of thirty thousand dollars ($30,000.00) and |
Lincoln Square Park Tot Lot Repair in the amount of two hundred ninety-eight |
thousand dollars ($298,000.00) |
2. Adopt a Resolution approving the application, acceptance and |
appropriation of Roberti-Z'berg-Harris Block Grant Program Funds from the |
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal |
Protection Act of 2002 in the amount of one million, eight hundred four |
thousand and forty-three dollars ($1,804,043.00) for the following projects: |
Martin Luther King, Jr. Plaza Park in the amount of one hundred thousand |
dollars ($100,000.00); Castle Canyon Trust Riparian Habitat Preservation |
Acquisition in the amount of three hundred thousand dollars ($300,000.00); |
Greenman Field in the amount of five hundred thousand dollars ($500,000.00); |
Clinton Park Tot Lot Improvements in the amount of two hundred fifty thousand |
dollars ($250,000.00); Lake Merritt Improvements in the amount of two |
hundred fifty-four thousand and forty-three dollars ($254,043); and Arroyo Viejo |
Creek at The Oakland Zoo in the amount of four hundred thousand dollars ( |
$400,000.00) |
Subject: Proposition 40 Projects |
From: Public Works Agency |
Recommendations: A Continued discussion to Approve the following |
legislation: |
1) Adopt a Resolution authorizing the application, acceptance and |
appropriation of grant funds for the Murray-Hayden Program from the |
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal |
Protection Act of 2002 for the following projects: The Main Library Children's |
Courtyard in the amount of one hundred forty-six thousand dollars ($146,000. |
00); Raimondi Field in the amount of five hundred thousand dollars ($500,000. |
00); and, Peralta Hacienda Historic Park in the amount of five hundred |
thousand dollars ($500,000.00), and |
4. Adopt a Resolution authorizing the application, acceptance and |
appropriation of grant funds for the Urban Park Act of 2001 Program under the |
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal |
Protection Act of 2002 for the following projects: East Oakland Sports Complex |
in the amount of three million dollars ($3,000,000.00); and The Cryer Site |
Conversion to a Community Center in the amount of six hundred fifty thousand |
dollars ($650,000.00) |
5. Adopt a Resolution amending Resolution No. 76723 C.M.S. authorizing the |
application, allocation and appropriation of grant funds for the Per Capita Grant |
Program from the State Of California Department of Parks and Recreation |
under the Safe Neighborhood Parks Clean Water, Clean Air, and Coastal |
Protection Bond Act Of 2000 (Proposition 12) in order to authorize a change in |
the application, acceptance, allocation and appropriation of funding from |
Lafayette Square Park in the amount of three hundred fifty thousand dollars ( |
$350,000.00) to Lincoln Square Tot Lot in the amount of two hundred and two |
thousand dollars ($202,000.00) and tot lot surfacing repairs in the amount of |
one hundred forty eight thousand dollars ($148,000.00) |
Subject: Conflict of Interest Code |
From: Office of the City Attorney |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
amending Ordinance Number 11562 C.M.S., adopted on March 23, 1993, as |
amended, Oakland Municipal Code Chapter 3.16, enacting a Conflict of |
Interest Code for City of Oakland Employees, Members of Boards and |
Commissions, and Consultant Positions |
22
Final Passage (Second Reading) has been scheduled for November 4, 2003.
Subject: Statewide Ballot Initiative |
From: Councilmember Brooks |
Recommendation:Adopt a Resolution supporting a statewide ballot initiative to |
require voter approval before State government may confiscate local tax funds |
23
Subject: Montclair Business Improvement District |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution of Intention to levy an annual |
assessment for Fiscal Year 2004-2005 for the Montclair Business Improvement |
District, approving the Annual Report of the Montclair Business Improvement |
District Advisory Board, and scheduling a public hearing for November 4, 2003 |
24
Subject: Rockridge Business Improvement District |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution of Intention to levy an annual |
assessment for Fiscal Year 2004-2005 for the Rockridge Business |
Improvement District, approving the Annual Report of the Rockridge Business |
Improvement District Advisory Board, and scheduling a public hearing for |
November 4, 2003 |
25
Subject: Andes Construction - On Call Services |
From: Public Works Agency |
Recommendation: Resolution authorizing award of a contract to Andes |
Construction, Inc. for the On Call Sanitary Sewers and Storm Drains |
Emergency Projects and authorizing the City Manager to negotiate and extend |
26
the contract for an additional year for sanitary sewers, storm drains and related |
work (City Project No. C219530), for the amount of two hundred fifty thousand |
dollars ($250,000) (PURSUANT TO SECTION 902-E OF THE CITY |
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) |
Revised Recommendations: The October 21, 2003, Public Works Committee approved |
recommendations and directed staff to report back regarding the low level bidder |
responses on certain Public Works projects; 2 Ayes; 1 Abstain-Brooks; 1 Excused- |
Chang. |
Subject: Enforcement of Public Nuisance Actions |
From: Councilmember Quan and President De La Fuente |
Recommendation: Adopt an Ordinance amending Chapter 1.08 of the "Civil |
Penalties", Chapter 1.12 "Administrative Citations", and Chapter 1.16 " |
Alternative Administrative Procedures for Abatement of Certain Violations" of |
the Oakland Municipal Code for enforcement of public nuisance actions |
27
Revised Recommendation: The October 14, 2003, Public Safety Committee approved |
recommendations and directed staff to make minor revisions to make the proposed |
amendment consistent with the intent. The Committee also directed staff to prepare a |
Supplemental report identifying City resources for the funding of a Case Manager and |
clarifying the City of Oakland's jurisdiction over Federal-owned properties; 3 Ayes; 1 |
Abstain-Brooks. |
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 |