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Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council |
City of Oakland
Online Meeting Agenda
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Oakland, California |
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94612 |
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Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
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City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, May 4, 2004
Pledge of Allegiance
1
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Roll Call / ORA & Council |
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COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; Jean |
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Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang, At-Large, |
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and President Ignacio De La Fuente, Dist. 5 |
2
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
3
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item |
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from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting |
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as a non-consent item. |
4
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Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
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Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non- |
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consent item. (Motion Maker must have voted on prevailing side) |
5
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Requests from Councilmember(s) to schedule an Action Item considered by Committee but |
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not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as |
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a non-consent item. |
6
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Approval of the Draft Minutes from the Special Concurrent Meeting held on March 30 and |
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Concurrent Meeting of the Oakland Redevelopment Agency/City Council/Joint Powers |
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Financing Authority held on April 20, 2004 |
7
8. PRESENTATION OF CEREMONIAL MATTERS
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Subject: Municipal Clerks Week |
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From: President De La Fuente |
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Recommendation: Adopt a Resolution declaring May 2 through May 8, 2004 |
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as Municipal Clerks Week |
8.1
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Subject: Youth Recognition Day |
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From: Councilmember Brooks |
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Recommendation: Adopt a Resolution declaring May 14, 2004 Youth |
8.2
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Recognition Day in the City of Oakland and Recognizing the many |
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contributions of young people and the Oakland Youth Commission |
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Subject: Historic Preservation Week |
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From: Councilmember Nadel |
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A Presentation of a Mayoral Proclamation proclaiming May 3 - 7, 2004 as |
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Oakland Historic Preservation Week in the City of Oakland |
8.3
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
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Subject: Declaration of a Local Emergency due to AIDS epidemic |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution renewing and continuing the City |
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Council's Declaration of a Local Emergency due to the existence of a critical |
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public health crisis with regard to the AIDS epidemic |
10.1CC
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Subject: Medical Cannabis Health Emergency |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution renewing the City Council's Declaration |
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of a local public health emergency with respect to safe, affordable access to |
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Medical Cannabis in the City of Oakland |
10.2CC
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2) Approve the Introduction (First Reading) of an Ordinance authorizing the |
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City Manager to enter into a purchase and sale agreement with Emily Ray |
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Trustee for the Emily Ray Trust of 1992 for the City's acquisition of real |
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property located at 7318 International Boulevard, Oakland, California, in the |
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amount of $391,105, excluding closing costs |
10.3CC
Introduction (First Reading) was approved on April 20, 2004; Vote Count - 8 Ayes
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Subject: Laurel Streetscape Improvement |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing award of a construction |
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contract to the responsible low bidder, Ray's Electric, in an amount of one |
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million five hundred two thousand eight hundred eighty four dollars and twenty |
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five cents ($1,502,884.25) for Laurel Streetscape Improvement on MacArthur |
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Boulevard (between 35th Avenue and High Street) (PURSUANT TO SECTION |
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902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) |
10.4CC
The April 27, 2004 Public Works Committee approved recommendations; 4 Ayes
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Subject: Landscaping and Lighting Assessment District |
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From: Office of the City Manager |
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Recommendation: Adopt a Resolution of Intention and accepting the Fiscal |
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Year 2004-2005 Preliminary Engineer's Report for the City of Oakland |
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Landscaping and Lighting Assessment District and setting the date for a |
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Public Hearing |
10.5CC
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The April 27, 2004 Finance and Management Committee approved recommendations; |
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4 Ayes |
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Subject: Tucker Technologies Inc., |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution awarding a contract for miscellaneous |
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cable (low voltage communications) wiring, installation and repairs to Tucker |
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Technologies, Inc. for a one-year period not to exceed $400,000 per year, and |
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to extend the term of the contract for an additional one-year term without |
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return to Council |
10.6CC
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The April 27, 2004 Finance and Management Committee approved recommendations; |
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4 Ayes |
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Subject: 901 Franklin Street Parking Garage |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution authorizing an Operation and |
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Management Agreement with CMA Asset Managers, Inc. to manage and |
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operate an Agency-owned parking garage located at 901 Franklin Street |
10.7CC
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The April 27, 2004 Community and Economic Development Committee approved |
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recommendations; 3 Ayes, 1 Excused |
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Subject: Pedestrian Streetscape Enhancements - Telegraph Avenue |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution authorizing a contract for an |
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amount not to exceed $145,000 with Korve Engineering to prepare a planning |
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study and preliminary construction drawings for pedestrian streetscape |
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enhancements to Telegraph Avenue from 20th Street to Claremont Avenue |
10.8CC
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The April 27, 2004 Community and Economic Development Committee approved |
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recommendations; 3 Ayes, 1 Excused |
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Subject: Final Map for Tract 7464 |
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From: Community and Economic Development Agency |
10.9CC
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Recommendation: Adopt a Resolution approving Final Map of Tract 7464, a |
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100-lot subdivision located at Mandela Parkway, Oakland, Alameda County, |
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California, and accepting offers for dedication contained thereon and |
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authorizing the Superintendent of Streets to enter into an agreement with Ettie |
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Street, LLC for improvements to be constructed in said subdivision; fixing the |
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amount of security to guarantee the faithful performance of such agreement |
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and adopting plans and specifications for such improvements |
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The April 27, 2004 Community and Economic Development Committee approved |
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recommendations; 3 Ayes, 1 Excused |
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Subject: 2004 Summer Food Service Program |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
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of the City of Oakland, to apply for, accept, and appropriate the Summer Food |
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Service Program Grant from the California Department of Education Nutrition |
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Services Division in an estimated amount of $747,177 and to execute a |
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professional services agreement in an amount not to exceed $417,380 |
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between the City and the San Lorenzo Unified School District to provide food |
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services for the 2004 Summer Food Service Program for Children |
The April 27, 2004 Life Enrichment Committee approved recommendations; 4 Ayes
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Subject: Alameda County Measure B Funds for 2004-2005 Paratransit |
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Services |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Manager to apply |
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for, accept, and appropriate funds in the amount of $824,705 from Alameda |
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County Transportation Improvement Authority (ACTIA) Measure B Funds for |
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the Fiscal Year 2004-2005 for paratransit services |
The April 27, 2004 Life Enrichment Committee approved recommendations; 4 Ayes
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Subject: Citizens of Oakland Respond to Emergencies (CORE) Program |
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From: Oakland Fire Department |
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Recommendation: Adopt a Resolution to accept and appropriate a grant for |
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nine thousand six hundred eighty-nine dollars and thirty cents ($9,689.30), for |
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Fiscal Year December 4, 2003 to December 5, 2004 from the Federal |
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Emergency Management Agency (FEMA) and the State of California Go Serv |
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Grant for Community Emergency Response Team (CERT) enhancement, |
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awarded and administered by the Alameda County Sheriff's Department, |
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Operational Area to the Oakland Fire Department Office of Emergency |
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Services (OES) for the City of Oakland's Citizens of Oakland Respond to |
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Emergencies (CORE) Program |
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The April 27, 2004 Public Safety Committee approved recommendations; 3 Ayes, 1 |
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Excused |
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Subject: Project Safe Neighborhoods/Project Exile |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing a professional services |
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agreement between the City of Oakland and Habiba Productions, LLC in an |
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amount not to exceed seventy-six thousand two hundred ninety-nine dollars |
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and forty-one cents ($76,299.41), for the production of a thirty-second video |
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public service announcement about Project Safe Neighborhoods/Project Exile |
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for the period May 1, 2004 through August 15, 2004 |
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The April 27, 2004 Public Safety Committee approved recommendations; 3 Ayes, 1 |
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Excused |
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Subject: State Funding for California State Universities |
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From: President De La Fuente |
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Recommendation: Adopt a Resolution declaring the City of Oakland's Support |
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for the "Save the CSU" Coalition's efforts to preserve State funding for |
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California State Universities |
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The April 29, 2004 Rules and Legislation Committee approved recommendations; 3 |
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Ayes, 1 Excused |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
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An oral report from the Agency Counsel / City Attorney of final decisions made during Closed |
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Session |
11
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A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
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Sunshine Ordinance |
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Reconsideration of Ordinances pursuant to Charter Section 216
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14. Consideration of items with statutory Public Hearing Requirements:
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Subject: Landmark Designation - Samm/Dalton/Cooper Mansion - Public |
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Hearing |
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and Cooper Brothers Grocery Store |
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From: Community and Economic Development Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion approve the |
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Introduction (First Reading) of an Ordinance designating the Samm/Dalton/ |
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Cooper Mansion and Cooper Brothers Grocery Store (historic name: Samm ( |
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Jacob) /Dalton (Henry) /Cooper (Freddie) House and Corner Store) at 1454 8 |
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th Street (the house) and 1450 8th Street (the store) as a landmark pursuant |
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to Section 17.102.030 of the Oakland Planning Code (Councilmember Nadel, |
14.1
Final Passage (Second Reading) has been scheduled for May 18, 2004.
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Subject: Landmark Designation - Victorian Legal Center - Public Hearing |
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From: Community and Economic Development Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion approve the |
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Introduction (First Reading) of an Ordinance designating the Victorian Legal |
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Center - Law Offices of Warren B. Wilson (historic name: Mason-Elsey-Wilson |
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House) at 653 11th Street as a landmark pursuant to Section 17.102.030 of |
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the Oakland Planning Code (Councilmember Nadel, District 3) |
14.2
Final Passage (Second Reading) has been scheduled for May 18, 2004.
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Subject: Approval of Tentative Tract Map 7485 - Public Hearing |
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From: Community and Economic Development Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
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Resolution denying the appeal and sustaining the decision of the City |
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Planning Commission in approving the Tentative Tract Map TTM7485, to re- |
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subdivide two existing parcels into five parcels (East Side of Crestmont Drive |
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at the intersection with Westfield Way, APNs: (37A-3148-040 and 37A-3148- |
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041)(Councilmember Quan, District 4) |
14.3
ACTION ON NON-CONSENT ITEMS:
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Items 15 through 15.3 were withdrawn and rescheduled to the May 18, 2004 City |
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Council agenda. |
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Subject: California Waste Solutions - Northern Half of the City |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Manager to enter |
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into an agreement with California Waste Solutions to provide weekly single |
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stream residential recycling collection and processing services in the northern |
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half of the City from January 1, 2005 through December 31, 2012 in an initial |
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amount of approximately $2,575,000 per year |
15
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Subject: Waste Management of Alameda County - Southern Half of the City |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the Fifth Amendment to the |
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Franchise Agreement for solid waste and yard waste collection and disposal |
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services with Waste Management of Alameda County and authorizing weekly |
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single stream residential recycling collection and processing services in the |
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southern half of the City; weekly yard waste collection; and weekly residential |
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food scraps recycling throughout the City from January 1, 2005 through |
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December 31, 2012 in an initial amount of approximately $2,957,000 per year |
15.1
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Subject: Residential Food Scraps Recycling Program |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Manager to enter |
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into an agreement with the Alameda County Waste Management Authority for |
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$761,000 in funding to purchase containers for the Residential Food Scraps |
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Recycling Program and development of public education materials |
15.2
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Subject: Solid Waste Collection and Disposal Rates |
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From: Public Works Agency |
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Recommendation: Approve the Introduction (First Reading) of an Ordinance |
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amending Ordinance No. 11820 C.M.S. increasing rates charged for solid |
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waste collection and disposal for multi-family and single-family ratepayers, and |
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increasing City fees paid by Waste Management of Alameda County to the |
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City of Oakland |
15.3
Final Passage (Second Reading) has been scheduled for May 18, 2004.
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Subject: Levy Premium FoodService Limited Partnership - Consession |
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Agreement |
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From: President De La Fuente |
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Recommendation: Adopt a Resolution approving the Oakland/Alameda |
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County Joint Powers Authority (JPA) Contract with Levy Premium FoodService |
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Limited Partnership to provide food services at the Oakland Arena |
16
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REVISED RECOMMENDATION: The April 27, 2004 Finance and Management |
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Committee directed staff to prepare a supplemental report that provides an analysis |
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comparing the new Levy contract to the old Aramark contract and also highlights the |
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new language; 4 Ayes |
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Subject: Local 790 - Part Time Employees |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution approving the Memoranda of |
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Understanding between the City of Oakland and Service Employees |
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International Union, Local 790; representing employees in Representation Unit |
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SI1 (Part-time Employees) covering the period of July 1, 2002 through June |
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30, 2008 |
17
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This item was previously discussed in Closed Session and was scheduled directly to |
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the City Council agenda by the April 22, 2004 Rules and Legislation Committee. |
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Subject: Wildfire Prevention Assessment District Advisory Board |
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From: Oakland Fire Department |
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Recommendation: Adopt a Resolution confirming Mayor and Council |
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Appointees: Deputy Chief Ernest Robinson, Mr. Gordon Piper, Mr. Ben Fay, |
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Ms. Aileen Warren, Mr. Ken Benson, Ms. Tamia Marg, Dr. Bob Sieben, Ms. Jill |
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Broadhurst, Ms. Sally Kilburg, Ms. Susan Burnett, and Mr. Carl Hackney, to |
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the Wildfire Prevention Assessment District Advisory Board |
18
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Subject: Arctic National Wildlife Refuge |
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Recommendation: Adopt a Resolution honoring the Arctic National Wildlife |
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Refuge by refraining from knowingly purchasing goods or services from |
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companies that obtain leases or develop oil fields in the coastal plain of the |
19
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Arctic National Wildlife Refuge, should the United States Congress ever |
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permit drilling there |
This item was withdrawn and rescheduled from the April 20, 2004 City Council Agenda.
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Subject: Oakland's Enterprise Zone - Senate Bill 1179 |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution in support of Senate Bill 1179, a |
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proposal to extend the life of Oakland 's Enterprise Zone and other zones in |
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California for an additional five years |
20
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The April 22, 2004 Rules and Legislation Committee approved recommendations; 3 |
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Ayes, 1 Excused |
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Subject: Appointments to the Parks and Recreation Advisory Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Jeffrey Taylor, Ben Tate, |
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Brad Ricards, Barbara Schock, and Rosa Linda Armendariz as members of |
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the Parks and Recreation Advisory Board |
21
This item was withdrawn and rescheduled from the April 20, 2004 City Council Agenda.
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Subject: Appointment to the Oakland Housing Authority |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Ramon Terraza as a |
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member of the Oakland Housing Authority |
22
This item was withdrawn and rescheduled from the April 20, 2004 City Council Agenda.
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Subject: Appointment to the Landmarks Preservation Advisory Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution reappointing Barbara Armstrong and |
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Yui Hay Lee, and appointing Pamela Kershaw, Kelly Kahn, and Neal Parish as |
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members of the Landmarks Preservation Advisory Board |
23
This item was withdrawn and rescheduled from the April 20, 2004 City Council Agenda.
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Subject: Appointments to the Library Advisory Commission |
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From: Office of the Mayor |
24
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Recommendation: Adopt a Resolution appointing Genevieve Katz and Marian |
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Wilson Sylvestre, and reappointing Deborah Callon-Eudaley and Arthur Noble |
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as members of the Library Advisory Commission |
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Subject: Elizabeth Rowan - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Elizabeth Rowan v. City of |
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Oakland, et al., Alameda County Superior Court number 2002-040313, our file |
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number 22048, in the amount of $55,000.00 (Public Works Agency - Trip and |
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Fall) |
25
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Subject: Juliet A. Borsah - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Juliet A. Borsah v. City of |
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Oakland, et al., Alameda County Superior Court case number 2002-052027, |
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our file number 22386, in the amount of $47,500.00. (Office of Public Works, |
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Sidewalk Trip and Fall) |
26
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Subject: Lenard Miller - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the Case of Lenard Miller, City of Oakland, |
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et al., United States District Court case number C 00 1801 MJJ., our file |
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number 990365, in the amount of $19,900.00. This case involves allegations |
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of false arrest and excessive force. (Oakland Police Department-Alleged Civil |
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Rights Violation) |
27
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Subject: Meisa Jones - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the Claim of Farmers Insurance as |
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subrogee of Meisa Jones in the amount of $7,737.90 As a result of a vehicle |
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collision involving a City Vehicle (OPD) |
28
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Subject: Department of the Navy - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution 1) authorizing and directing the Agency |
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Counsel to compromise and settle the case of Oakland Redevelopment |
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Agency, et al., v. United States of America, et al., Federal District Court |
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number C02-4652MHP, our file number X01619, for a payment of two million, |
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one hundred thousand dollars ($2,100,000) by defendant Department of the |
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Navy to the Oakland Base Reuse Authority ("OBRA") and (2) authorizing the |
29
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Agency Administrator to accept said funds from OBRA in satisfaction of the |
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Loan Made by the Redevelopment Agency to OBRA |
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Subject: Career to Work Program |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Manager to |
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negotiate and execute an agreement with the Oakland Unified School District ( |
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OUSD) in an amount not to exceed $600,000 for Fiscal Years 2003-2005 to |
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provide internship stipends for students participating in the Career Academies |
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Program |
30
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REVISED RECOMMENDATION: The April 27, 2004 Life Enrichment Committee |
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directed staff to include in the contract approval of payment for the program through |
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the Summer of 2004 and directed staff to hold future payments contingent upon a |
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meeting between City officials and School District representatives; 4 Ayes |
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Subject: Oakland Waterfront Trail Project |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution authorizing the application for, |
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acceptance, and appropriation of $210,000 from the State of California |
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Department of Parks and Recreation Land and Water Conservation Fund |
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Program for trail and pier access components of the 66th Avenue Gateway (a |
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Measure DD Oakland Waterfront Trail Project) |
31
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REVISED RECOMMENDATION: The April 27, 2004 Life Enrichment Committee |
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directed staff to amend the Resolution to specify that the funds are for trail access and |
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pier improvements, 4 Ayes |
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Subject: Oakland's Liquor Stores |
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From: Office of the City Attorney |
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Recommendation: A report and recommendations regarding a Report Card on |
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Oakland's Liquor Stores: The Good, the Bad, and the Ugly |
32
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REVISED RECOMMENDATION: The April 27, 2004 Public Safety Committee |
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approved recommendations and directed staff to return at a later date with revisions or |
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updates to aid enforcement of the Deemed Approved Ordinance and also procedures |
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and clear criteria for enforcement; 3 Ayes, 1 Excused |
Continuation of Open Forum
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ADJOURNMENT OF COUNCIL SESSION |
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(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
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Council) |
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Americans With Disabilities Act |
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If you need special assistance to participate in Oakland City Council and |
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Committee meetings please contact the Office of the City Clerk. When |
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possible, please notify the City Clerk 48 hours prior to the meeting so we can |
|
make reasonable arrangements to ensure accessibility. Also, in compliance |
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with Oakland's policy for people with environmental illness or multiple chemical |
|
sensitivities, please refrain from wearing strongly scented products to |
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meetings. |
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Recorded Agenda (510) 238-2386 |
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Telecommunications Display Device: (510) 839-6451 |
