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Oakland, California 94612 |
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LaTonda Simmons, Interim City |
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Clerk |
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Concurrent Meeting of the |
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Oakland Redevelopment Agency/ |
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City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, November 16, 2004
1
Pledge of Allegiance
2
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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. |
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3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry |
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Chang, At-Large, and President Ignacio De La Fuente, Dist. 5 |
3
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
4
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
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item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
5
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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 |
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non-consent item. (Motion Maker must have voted on prevailing side) |
6
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Requests from Councilmember(s) to schedule an Action Item considered by Committee |
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but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
7
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Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council held on the October 19, 2004 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Friends of Mandela Parkway |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution recognizing the newly formed "Friends of |
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Mandela Parkway" Organization |
8.2
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Subject: Chief Richard L. Word - Service Recognition |
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Recommendation: Adopt a Resolution honoring Chief Richard L. Word for his 20 years |
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of dedication and service to the City of Oakland |
8.3
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Subject: Afterschool Initiative of 2004 |
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Recommendation: Adopt a Resolution honoring the Oakland Fund for Children and |
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Youth Staff and Board Members of the Planning and Oversight Committee for their |
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outstanding work on the Afterschool Initiative of 2004 |
8.4
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Subject: Joseph T. Yew - Service Recognition |
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Recommendation: Adopt a Resolution honoring Joseph T. Yew, Jr. for five years of |
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outstanding service to the City of Oakland |
8.5
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Subject: 2004 "Phoenix Award" Recipients |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution commending East Bay Habitat for Humanity, the |
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Environmental Services Division of Oakland's Public Works Agency, and the Housing |
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Development Division of Oakland's Community and Economic Devleopment Agency for |
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earning the Prestigous 2004 "Phoenix Award" by successfully developing a "Brownfield" |
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site and revitalizing an Oakland Neighborhood |
8.6
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Subject: International Education Week - November 15 - 19, 2004 |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution declaring the week of November 15-19, 2004 as |
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International Education Week in the City of Oakland |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
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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 Council's |
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Declaration of a Local Emergency due to the existence of a critical public health crisis |
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with regard to the AIDS epidemic |
10.2CC
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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 of a |
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local public health emergency with respect to safe, affordable access to Medical |
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Cannabis in the City of Oakland |
10.3CC
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Subject: Robert and Shelagh Brodersen - 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 Attorney to |
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compromise and settle the case of Robert and Shelagh Brodersen, in the amount of $54, |
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457.41, as a result of property damages sustained when a blocked city storm drain caused |
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a landslide on their property (Public Works Agency) |
This item was not heard in Closed Session.
10.4CC
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Subject: Jane Roberts - 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 Attorney to |
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compromise and settle the case of Jane Roberts v. City of Oakland, et al., Alameda |
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County Superior Court, no. WG03108953, in the amount of $15,000.00 for property and |
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economic damages resulting from a defective sewer main (Public Works Agency) |
This item was not heard in Closed Session.
10.5CC
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Subject: Craige R. Davis - 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 Attorney to |
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compromise and settle the claim of Craige R. Davis, in the amount of thirteen thousand |
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seven hundred dollars and no cents ($13,700.00), as a result of property damage |
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sustained as a result of tree roots from a City Tree (Public Works Agency) |
This item was not heard in Closed Session.
10.6CC
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Subject: Robert Girard - 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 Attorney to |
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compromise and settle the case of Robert Girard v. City of Oakland, et al., Alameda |
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County Superior Court case no. RG03095102, our file no. 22904, in the amount of $10, |
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000.00 (Oakland Police Department) |
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Council discussed this item in Closed Session on October 19, 2004. Motion |
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authorizing settlement passed with 7 Ayes, 1- Absent - Quan |
10.7CC
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Subject: Lea D. Rubio - 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 Attorney to |
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compromise and settle the case of Lea D. Rubio v. City of Oakland, et al., Alameda |
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County Superior Court case no. 2002-077021, our file no. 22599, in the amount of $85, |
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000.00. This case involves a slip and fall accident on an upraised portion of sidewalk. ( |
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Public Works Agency) |
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Council discussed this item in Closed Session on October 19, 2004. Motion |
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authorizing settlement passed with 4 Ayes, 3 Noes - Brunner, Reid De La |
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Fuente, 1- Absent - Quan |
10.8CC
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Subject: Tamara Zeltzer - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution ratifying the City Administrator's approval of |
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settlement and authorizing and directing the City Attorney to compromise and settle the |
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case of Tamara Zeltser DBA Medallion Jewelry & Loan v. City Of Oakland, et al., |
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United States District Court case no. C 94-2756 WDB, in the amount of $30,000.00 for |
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alleged due process violations arising from seizures of property (Oakland Police |
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Department) |
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Council discussed this item in Closed Session on October 19, 2004. Motion |
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authorizing settlement passed with 6 Ayes, 1 Noes - Brunner, 1 Absent - |
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Quan |
10.9CC
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Subject: Renaming a portion of Broadway |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution renaming "Broadway" between 5th Street and 6th |
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Street and under I-580 to "Broadway Auto Row" |
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The October 26, 2004 Public Works Committee approved |
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recommendations; 4 Ayes |
10.10CC
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Subject: Piedmont Hills Underground Assessment District |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution of the City Council of the City of Oakland |
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granting consent to the City of Piedmont to conduct proposed special assessment |
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proceedings for proposed Piedmont Hills Underground Assessment District |
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The October 26, 2004 Finance and Management Committee approved |
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recommendations; 4 Ayes |
10.11CC
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Subject: Capital Improvement Program |
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From: Office of the City Administrator |
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Recommendation: Action on a Report on the Fiscal Year 2003-2008 Capital |
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Improvement Program, though June 30, 2004 |
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The October 26, 2004 Finance and Management Committee directed staff |
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to prepare a Supplemental Report that includes projects started in another |
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Fiscal Year but not completed; new projects approved throughout the |
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year; strikes language on page four, second item from the bottom |
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regarding the Millsmont Project which incorrectly stated the project is |
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complete and remaining project funds are available; includes information |
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regarding ADA sub-projects; and ensures updated information related to |
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the Bertha Port minipark is captured; 4 Ayes |
10.12CC
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Subject: City Auditor's Quarterly Report |
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From: Office of the City Auditor |
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Recommendation: Action on a Report on the City Auditor's Quarterly Report on the |
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Status of Recommendations for the Quarter ended September 30, 2003 |
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The October 26, 2004 Finance and Management Committee approved |
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recommendations; 4 Ayes |
10.13CC
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Subject: Clay Street Garage - Performance Audit of the Lease Agreement |
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From: Office of the City Auditor |
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Recommendation: Action on the Report regarding the Performance Audit of the lease |
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agreement between the City of Oakland and the City of Oakland-Clay Street Garage |
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Corporation regarding the operations of the Clay Street Garage |
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The October 26, 2004 Finance and Management Committee approved |
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recommendations; 4 Ayes |
10.14CC
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Subject: City of Oakland Investment Policy |
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From: Finance and Management Agency |
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Recommendation: Action on a Report on the implementation of the City's Investment |
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policy preference for socially responsible investments |
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The October 26, 2004 Finance and Management Committee approved |
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recommendations; 4 Ayes |
10.15CC
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Subject: Environmental Clean Up of Willow Park |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following pieces of legislation: |
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1) Adopt an Agency Resolution authorizing the Agency Administrator to apply for and |
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accept a loan for up to $200,000 from the Environmental Protection Agency, appropriate |
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the funds and contribute the funds to the City under the cooperation agreement, for the |
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Environmental Clean up of Willow Park; and |
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2) Adopt a Resolution authorizing the City to accept and appropriate up to $200,000 in |
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Redevelopment Agency Funds under the cooperation agreement, for the Environmental |
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Clean up of Willow Park |
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The October 26, 2004 Community and Economic Development Committee |
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approved recommendations; 4 Ayes |
10.16CC
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Subject: Subsidized Funds Serving Low Income Tenants |
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From: Community and Economic Development Agency |
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Recommendation: Action on a Report from the Community and Economic Development |
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Agency regarding the number of buildings developed with subsidized funds serving low |
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income tenants scheduled to convert to market rate, the dates scheduled for conversion |
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and steps to mitigate the impacts of conversion to low income tenants |
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The October 26, 2004 Community and Economic Development Committee |
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directed staff to prepare a Supplemental report that includes the actual |
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project expiration dates inclusive of the project extension periods; 4 Ayes |
10.17CC
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Subject: Infill Opportunity Zone |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution to identify a Caltrans-owned vacant parcel (APN |
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004 0051 018 00), within the West Oakland Redevelopment Area/ West Oakland Transit |
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Village area, as an "Infill Opportunity Zone", consistent with current general plan and |
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zoning, in order to expedite the acquisition and development of this site in residential/ |
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The October 26, 2004 Community and Economic Development Committee |
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agenda; 4 Ayes |
10.18CC
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Subject: Tobacco Control Enforcement |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate grant funds in an amount not to exceed fifteen thousand dollars ($15,000) |
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from the Alameda County Public Health Department, Tobacco Control Program for a |
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three-month Tobacco Control Enforcement Project within the Police Department and |
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authorizing the Department to enter into a contract for services with the Alameda County |
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Public Health Department for implementation of this initiative |
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The October 26, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
10.19CC
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Subject: "Secure Our Schools" Initiative |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate grant funds in an amount not to exceed fifty thousand dollars ($50,000) from |
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the U.S. Department of Justice, Office of Community Oriented Policing Services (DOJ/ |
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COPS) for continued implementation of the Police Department's "Secure Our Schools" |
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Initiative |
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The October 26, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
10.20CC
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Subject: Gang Resistance Education and Training Program |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate grant funds in the amount of twenty-nine thousand nine hundred seventy- |
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three dollars ($29,973) from the U.S. Department of Justice, Office of Justice Programs, |
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to the Police Department for the continued implementation of the Gang Resistance |
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Education and Training (GREAT) Program |
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The October 26, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
10.21CC
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Subject: Keep Oakland Beautiful |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution recognizing the activities of Keep Oakland |
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Beautiful and its advisory board members |
10.22CC
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Subject: Kaiser Aluminum and Chemical Corporation v. City of Oakland |
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From: Office of the City Attorney |
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Recommendation: Receive a report regarding the decision by California Court of Appeal |
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in Kaiser Aluminum and Chemical Corporation v. City of Oakland, upholding |
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constitutionality of the City's Business Tax on landlords |
S-10.23CC
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Subject: Camron-Stanford House |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to reject all |
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bids for the Camron-Stanford house restoration, waive the competitive bid process, and |
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negotiate and award a contract for a not to exceed amount of one hundred seventy five |
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thousand dollars ($175,000) without return to Council (Project No. C198910) |
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The November 9, 2004 Public Works Committee approved |
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recommendations; 4 Ayes |
S-10.24CC
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Subject: Pavement Management Technical Assistance Program |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing an application to the Metropolitan |
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Transportation Commission for up to $25,000 in consulting services through the |
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Pavement Management Technical Assistance Program and payment of local matching |
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funds in the amount of $2,867.50 from Measure B Funds |
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The November 9, 2004 Public Works Committee approved |
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recommendations; 4 Ayes |
S-10.25CC
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Subject: State EZ Program |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Introduction (First Reading) of an Ordinance to amend |
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Ordinance Number 12611 C.M.S. (Master Fee Schedule) to increase the $30 Enterprise |
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Zone Processing fee by $10 to $40 |
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The November 9, 2004 Finance and Management Committee approved |
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recommendations; 3 Ayes, 1 Excused- De La Fuente |
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Final Passage (Second Reading) has been scheduled for December 7, 2004 |
S-10.26CC
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Subject: Award a Contract - Francisco & Associates |
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From: City Administrator's Budget Office |
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Recommendation: Adopt a Resolution authorizing the City Administrator to renew and |
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execute a contract with Francisco & Associates for a two-year amount not to exceed $ |
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122,000 to perform District Engineering Services for the Landscaping and Lighting |
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Assessment District, the Wildfire Prevention Assessment District, the Emergency |
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Services Retention Act of 1997 (Measure M), the Paramedic Services Act of 1997 ( |
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Measure N), the Library Services Retention and Enhancement Act of 2004 (Measure Q), |
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and the Rockridge Library Community Facilities District of 1992 for Fiscal Years 2005- |
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2006 and 2006-2007 |
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The November 9, 2004 Finance and Management Committee approved |
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recommendations; 3 Ayes, 1 Excused- De La Fuente |
S-10.27CC
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Subject: Fruitvale Business Improvement Management District Advisiory Board |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution approving and confirming the Annual Report of |
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the Fruitvale Business Improvement Management District Advisiory Board and the |
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continuing annual assessment for the Fruitvale Business Improvement Management |
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District for Fiscal Year 2004 - 2005 |
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The November 9, 2004 Community and Economic Development Committee |
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approved recommendations; 3 Ayes, 1 Excused- De La Fuente |
S-10.28CC
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Subject: Senior Resident Needs Assessment and Comprehensive Plan |
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From: Department of Human Services |
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Recommendation: Action on a Report and Recommendations for the 2003-2004 Senior |
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Resident Needs Assessment and Comprehensive Plan |
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The November 9, 2004 Life Enrichment Committee approved |
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recommendations; 4 Ayes |
S-10.29CC
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Subject: Cultural Affairs Commission's Pubic Art Advisory Cmte - Appointment |
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From: Cultural Arts and Marketing |
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Recommendation: Adopt a Resolution approving the appointment of Carole Jeung and |
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Deborah Lozier to the Cultural Affairs Commission's Public Art Advisory Committee |
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The November 9, 2004 Life Enrichment Committee approved |
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recommendations; 4 Ayes |
S-10.30CC
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Subject: Medi-cal Administrative Activities Program |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate an estimated $150,000 reimbursement for Fiscal Year 2002-2003 from the |
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Federal Medi-cal Administrative Activities (MAA) Program for activities related to the |
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Medi-cal population and to accept and appropriate a similar amount for subsequent |
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program years for the life of the Federal MAA Program without returning to Council |
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each year |
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The November 9, 2004 Life Enrichment Committee approved |
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recommendations; 4 Ayes |
S-10.31CC
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Subject: Public Art Services Contracts |
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From: Cultural Arts and Marketing |
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Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate |
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and execute cultural services contracts with seven Oakland-Based individual artists and |
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nonprofit organizations providing public art services in Oakland in a total amount not to |
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exceed ($73,517) |
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The November 9, 2004 Life Enrichment Committee approved |
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recommendations; 4 Ayes |
S-10.32CC
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Subject: Mandela Gateway Public Artwork - Robert Ellison |
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From: Cultural Arts and Marketing Department |
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Recommendation: Adopt a Resolution authorizing a professional services agreement |
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between the City of Oakland and Robert Ellison in an amount not to exceed forty three |
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thousand dollars ($43,000) for the creation of public artwork for Mandela Gateway |
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The November 9, 2004 Life Enrichment Committee approved |
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recommendations; 4 Ayes |
S-10.33CC
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Subject: Metropolitan Medical Response System |
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From: Oakland Fire Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate five hundred thousand dollars ($500,000.00) from the U.S. Department of |
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Homeland Security/FEMA - Metropolitan Medical Response System (MMRS) to fund |
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the Oakland Fire Department MMRS Program and Enhance Integrated, Systematic Mass |
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Casualty Preparedness, with primary focus on terrorist events involving radiological, |
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nuclear, chemical, biological, or explosive agents |
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The November 9, 2004 Public Safety Committee directed staff to amend the |
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Report to delete the first line under the Recommendation and Rationale |
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stating the following: "There is a high probability of the likelihood of a |
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terrorist incident that would create a potential threat to the safety of |
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citizens and the environment."; 4 Ayes |
S-10.34CC
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Subject: Emergency Response Services for Oakland |
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From: Oakland Fire Department |
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Recommendation; Adopt a Resolution authorizing the City Administrator to: 1) accept |
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and appropriate a payment of two hundred and eighty thousand dollars ($280,000.00) |
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from the U.S. Department of Homeland Security/FEMA - Metropolitan Medical |
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Response System (MMRS) to pay for emergency response coordination services by the |
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Oakland Fire Department MMRS Program, and, 2) enter into a contract with the U.S. |
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Department of Homeland Security/FEMA MMRS to provide emergency response |
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services in Oakland and surrounding jurisdictions for a period of one (1) year |
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The November 9, 2004 Public Safety Committee directed staff to amend the |
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Report to delete the first line under the Recommendation and Rationale |
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stating the following: "There is a high probability of the likelihood of a |
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terrorist incident that would create a potential threat to the safety of |
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citizens and the environment."; 4 Ayes |
S-10.35CC
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Subject: Oakland's Elementary Schools - Critical Incident Response Plan |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
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professional services agreement with and accept and appropriate a maximum of thirteen |
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thousand eight hundred and seventy-seven dollars ($13,877) from the Oakland Unified |
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School District (OUSD), for use by the Police Department, to cover the overtime costs of |
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a Sergeant of Police to prepare and implement a Critical Incident Response Plan for |
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Oakland's Elementary Schools for the period of July 1, 2004 through June 30, 2005 |
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The November 9, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
S-10.36CC
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Subject: Pathways to Change Juvenile Repeat Offender Program |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
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funding agreement between the City of Oakland and the East Bay Community |
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Foundation (Safe Passages) in an amount not to exceed two hundred thousand dollars ($ |
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200,000) for the period of July 1, 2004 through June 30, 2005 for services associated |
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with the "Pathways to Change" Juvenile Repeat Offender Program |
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The November 9, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
S-10.37CC
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Subject: 2004 Forensic Casework DNA Backlog Reduction Program |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate grant funds in the amount of ninety-eight thousand three hundred and forty- |
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four dollars ($98,344) from the U.S. Department of Justice, National Institute of Justice ( |
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USDOJ/NIJ) for the 2004 Forensic Casework DNA Backlog Reduction Program |
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The November 9, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
S-10.38CC
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Subject: 2004 DNA Capacity Enhancement Program |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator the accept and |
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appropriate grant funds in the amount of eighty-two thousand seven hundred and twenty- |
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seven dollars ($82,727) from the U.S. Department of Justice, National Institute of Justice |
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(USDOJ/NIJ) for the 2004 DNA Capacity Enhancement Program |
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The November 9, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
S-10.39CC
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Subject: Food and Food Service Management |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing a professional services agreement |
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between the City of Oakland and Compass Group, USA, by and through its Canteen |
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Correctional Services Division, in an amount not to exceed three hundred twenty-nine |
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thousand eight hundred fifty dollars ($329,850) in Fiscal Year 2004-2005 for the |
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provision of food and food service management for the City of Oakland Jail for the |
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period of October 1, 2004 through September 30, 2005 |
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The November 9, 2004 Public Safety Committee approved |
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recommendations; 4 Ayes |
11
12
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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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COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
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THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
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Subject: Underground Utility District Number 236S - Public Hearing |
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From: Public Works Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution of |
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Intention to establish Underground Utility District Number 236S for developed |
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subdivisions with completed underground utility service at Ariane Court, a segment of |
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Diablo Drive, Bishops Court, Observation Place, Skyline Circle and a segment of |
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Redwood Road, pursuant to Ordinance Number 7769 C.M.S. (Councilmember Brooks, |
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District 6) |
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The October 12, 2004 Public Works Committee approved |
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recommendations; 4 Ayes |
14.2
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Subject: Rockridge Business Improvement District Advisory Board - 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 Resolution of |
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Intention to levy an Annual Assessment for Fiscal Year 2005 - 2006 for the Rockridge |
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Business Improvement District, approving the Annual Report of the Rockridge Business |
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Improvement District Advisory Board (Councilmember Brunner, District 1) |
14.3
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Subject: Montclair Business Improvement District Advisory Board - 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 Resolution of |
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Intention to levy an Annual Assessment for Fiscal Year 2005 - 2006 for the Montclair |
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Business Improvement District, approving the Annual Report of the Montclair Business |
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Improvement District Advisory Board (Councilmember Quan, District 4) |
14.4
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Subject: Property Interests at Various Locations - Public Hearing |
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From: Redevelopment Agency, Real Estate Division |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
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pieces of legislation: 1) An Agency Resolution of Necessity declaring certain property |
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interests at 565 Thomas Berkley Way (20th Street), Oakland, Ca 94612, (Assessor Parcel |
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Number : 008-0644-038-00), necessary for public purposes and authorizing Agency |
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Counsel to initiate condemnation proceedings for the acquisition of said property |
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2) An Agency Resolution of Necessity declaring certain property interests at 571 Thomas |
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Berkley Way (20th Street), Oakland, Ca 94612, (Assessor Parcel Numbers: 008-0644- |
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036-00, 008-0644-037-00), necessary for public purposes and authorizing Agency |
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Counsel to initiate condemnation proceedings for the acquisition of said property |
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3) An Agency Resolution of Necessity declaring certain property interests at 1972 San |
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Pablo Avenue, Oakland, Ca 94612, (Assessor Parcel Number: 008-0644-023-00), |
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necessary for public purposes and authorizing Agency Counsel to initiate condemnation |
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proceedings for the acquisition of said property |
|
4) An Agency Resolution of Necessity declaring certain property interests at 490 |
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Thomas Berkley Way (20th Street) Oakland, Ca 94612, (Assessor Parcel Number: 008- |
|
0649-009-00), and 2000-2016 Telegraph Avenue, Oakland, Ca 94612, (Assessor Parcel |
|
Number: 008-0649-010-00), necessary for public purposes and authorizing Agency |
|
Counsel to initiate condemnation proceedings for the acquisition of said property |
|
5) An Agency Resolution of Necessity declaring certain outdoor advertising billboard |
|
leasehold interests owned by Viacom Outdoor Inc., known as lease Number 258 covering |
|
face Number 1774 and 1250 at 2016 Telegraph Avenue, Oakland CA 94612, face |
|
number 2662 at 490 Thomas Berkley Way, Oakland CA 94612, and face number 4173 at |
|
Fox Theater, 1815 San Pablo Avenue, Oakland CA 94612; lease number 1348 covering |
|
face numbers 4172 and 4177 at 1998 San Pablo Avenue, Oakland CA 94612; and lease |
|
number 209 covering face number 1742 and 1100 at 593 Thomas Berkley Way, Oakland |
|
CA 94612; necessary for public purposes and authorizing agency council to initiate |
|
condemnation proceedings for the acquisition of said property |
|
The October 26, 2004 Community and Economic Development Committee |
|
directed the City Attorney to prepare a legal opinion regarding the possible |
|
civil rights violation for the proposed imminent domain to heard in the |
|
November 16, 2004 Closed Session and further requested a Supplemental |
|
from staff that addresses the relocation of Revelli Tires and includes the |
|
negotiation information with the Hanhs family and Mr. Schwyhart; 3 Ayes, |
|
1 Abstain - Reid |
14.5
|
Subject: Amendment to the Oakland Municipal Code - Public Hearing |
|
From: Community and Economic Development Agency |
|
Recommendation: Conduct a Public Hearing and upon conclusion approve the |
|
Introduction (First Reading) of an Ordinance to amend the Oakland Planning Code to |
|
rezone approximately 423 parcels, comprising approximately 121 acres of land, in an |
|
area generally bounded by Joaquin Miller Road and Park to the north, Holy Names |
|
College and Highway 13 to the south and west, and Crestmont Drive to the east, and |
|
commonly referred to as Butters Canyon Neighborhood, from the R-30 one-family |
|
residential zone to the R-20 low density residential zone (Councilmember Quan, District |
|
4) |
|
The October 26, 2004 Community and Economic Development Committee |
|
approved recommendations; 4 Ayes |
|
Final Passage (Second Reading) has been scheduled for December 7, 2004 |
14.6
|
Subject: General Plan Amendment (Safety Element) 10900 Edes Ave - Public Hearing |
|
From: Community And Economic Development Agency |
|
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
|
legislation: 1) Resolution (A) approving a negative declaration and adopting the safety |
|
element, an element of the general plan (GPA 04-04188); and (B) approving a mitigated |
|
negative declaration and amending the General Plan Land Use Designation of 10900 |
|
Edes Avenue from "Business Mix" to "Housing and Business Mix" (GPA 03-023) |
|
2) Approve the Introduction (First Reading) of an Ordinance rezoning 10900 Edes |
|
Avenue, from the M-20, Light Industrial Zone to the R-40, Garden Apartment |
|
Residential Zone |
|
The November 9, 2004 Community and Economic Development (3 Ayes, 1 |
|
Excused - De La Fuente) and Public Safety (4 Ayes) Committees approved |
|
recommendations |
|
Final Passage (Second Reading) has been scheduled for December 7, 2004 |
ACTION ON NON-CONSENT ITEMS:
15
|
Subject: Citywide Performance Results |
|
From: Office of the City Administrator |
|
Recommendation: Action on a Report for Council review and consideration on Fiscal |
|
Year 2003-2004 Citywide Performance Results |
|
The October 12, 2004 Finance and Management Committee directed staff |
|
to provide the Supplemental Report to address the following issues: 1) " |
|
Make Oakland a Safe City" is too general; 2) "Improve Perception of |
|
Safety" should be "Increase Trust Between Community and Police |
|
Department"; 3) "Appendix A" should include information about |
|
fostering collaboration and clarify information regarding commission |
|
appointments; 4) On page 11 of appendix B should include the percent |
|
pursued by the District Attorney; 5) Measurements on customer feedback ( |
|
i.e. response time, problem resolution, and overall happiness of citizen's |
|
with regards to the resolution) should be included; 6) "Attract New |
|
Residents to Oakland" should also include preventing displacement of |
|
Oakland Residents; and 7) "Maintain and enhance Oakland's physical |
|
Assets" should include parks. The Committee further directed staff to |
|
prepare a Supplemental Report responding to any additional questions |
|
sent from the Councilmembers and include information regarding areas of |
|
deficiency and what happens for programs that are doing well, an analysis |
|
of the notable fluctuations in budgets and staffing levels that demonstrate |
|
notable inconsistencies. |
|
ITEMS 15.1 THROUGH 15.3 ARE RELATED |
15.1
|
Subject: Oakland Fund for Children and Youth - Request for Proposals |
|
From: Department of Human Services |
|
Recommendation: Action on a Report and request for approval of the Fiscal Year 2005- |
|
2006 Request for Proposals for the Oakland Fund for Children and Youth |
|
The October 26, 2004 Life Enrichment Committee approved |
|
recommendations; 4 Ayes |
15.2
|
Subject: Oakland Fund for Children and Youth - Evaluation Report |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution regarding the Oakland Fund for Children and |
|
Youth Final Evaluation Report for Fiscal Year 2003-2004 |
|
The October 26, 2004 Life Enrichment Committee directed staff to prepare |
|
a Supplemental Report regarding staff's observations and highlighting the |
|
evaluation specifics of the Youth-to-Youth grant making program; 4 Ayes |
15.3
|
Subject: Oakland Fund for Children and Youth Strategic Plan |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate |
|
and execute an agreement with Gibson and Associates for the period of November 17, |
|
2004 through November 16, 2005, in an amount not to exceed $124,778 for professional |
|
services to develop the Oakland Fund for Children and Youth third Strategic Plan (2006- |
|
2010) |
|
The October 26, 2004 Life Enrichment Committee approved |
|
recommendations; 4 Ayes |
16
|
Subject: Free Holiday Parking and Anticipated Parking Revenues |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt the following pieces of legislation: |
|
1) A Resolution authorizing free parking at certain City-owned parking garages during |
|
the 2004 Holiday season; and |
|
2) A Resolution authorizing budgeting and appropriation of anticipated parking meter |
|
and enforcement revenue funds for additional Shop Oakland marketing and merchant |
|
organizing activities in Fiscal Year 2004-2005 and authorizing a sole source contract |
|
with the Oakland Merchants Leadership Forum in an amount not to exceed $155,000 for |
|
marketing and merchant organizing services in Fiscal Year 2004-2005 (TITLE |
|
CHANGE) |
|
This item was withdrawn and rescheduled from the October 19, 2004 City |
|
Council agenda by Councilmember Brooks. |
17
|
Subject: Community Development Block Grant (CDBG) Program Funding |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt a Resolution to amend Resolution No. 78588 C.M.S. to 1) |
|
change the Community Development Block Grant (CDBG) proposal funding process so |
|
that Community Development (CD) District Boards will review proposals and make |
|
funding recommendations only for programs funded with CDBG district allocations, |
|
with the option of funding projects for one or two years; and 2) include participation of |
|
the City Advisory Committee in the budget hearings process to review and make |
|
recommendations to the City Council on the proposed budget for City programs |
|
receiving CDBG funding (TITLE CHANGE) |
|
This item was withdrawn and rescheduled from the October 19, 2004 City |
|
Council agenda by Councilmember Brooks. |
18
|
Subject: Purchasing System Amendments |
|
From: Finance and Management Agency/Office of the City Attorney |
|
Recommendation: Approve the Introduction ( First Reading) of an Ordinance amending |
|
Ordinance No. 7937 C.M.S., adopted February 6, 1969, and amendments thereto, |
|
codified at Oakland Municipal Code Title 2, Chapter 2.04, Purchasing System, Article I, |
|
Bidding, Contracting and Purchasing, to increase the City Administrator's contract |
|
approval limits, revise City Council approval limits accordingly, revise the local business |
|
preference, make necessary corrections, clarifications, delete obsolete provisions and |
|
codify current procedures |
|
This item was withdrawn and rescheduled from the October 5, 2004 City |
|
Council agenda by the September 30, 2004 Rules and Legislation |
|
Committee. |
|
Final Passage (Second Reading) has been scheduled for December 7, 2004 |
19
|
Subject: MacArthur Boulevard Utility Undergrounding |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing award of a construction contract to |
|
the responsible low bidder, 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) using $1,673, |
|
022 in City of Oakland funds out of a budget of $2,000,000 for the project and payments |
|
from PG&E, SBC, and Comcast totaling $7,609,942, subject to certain conditions |
|
This item was withdrawn with approval from Council President De La |
|
Fuente, Councilmember Reid, and Public Works staff. |
|
ITEMS 20 AND 20.1 ARE RELATED. |
20
|
Subject: Memorandum of Understanding Regarding Unit U41 |
|
From: Finance and Management Agency |
|
Recommendation: Adopt a Resolution approving memorandum of understanding |
|
between the City of Oakland and the Deputy Attorney V and Special Counsel |
|
Association, representing employees in representation Unit U41 covering the period of |
|
July 1, 2003 through June 30, 2005 |
|
The October 26, 2004 Finance and Management Committee approved |
|
recommendations; 2 Aye; 2 Abstain - Brunner, Nadel |
20.1
|
Subject: Amendment to the Salary Ordinance |
|
From: Finance and Management Agency |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
|
the salary schedule of Ordinance No. 12187 C.M.S. (The Salary Ordinance) to increase |
|
the pay of certain miscellaneous job classifications pursuant to the Deputy City Attorney |
|
V and Special Counsel Association Memorandum of Understanding |
|
The October 26, 2004 Finance and Management Committee approved |
|
recommendations; 2 Ayes, 2 Abstain - Brunner, Nadel |
|
Final Passage (Second Reading) has been scheduled for December 7, 2004 |
21
|
Subject: Amendment to the Salary Ordinance |
|
From: Finance and Management Agency |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
|
the salary schedule of Ordinance No. 12187 C.M.S. (The Salary Ordinance) to add the |
|
permanent part-time equivalent classification of Systems Analyst II, PPT. The Ordinance |
|
also amends the classifications of Fire Communications Dispatcher, Senior, Fire |
|
Communications Supervisor, Fire Suppression District Inspector, and Public Works |
|
Operations Manager |
|
The October 26, 2004 Finance and Management Committee directed staff |
|
to prepare a Supplemental Report that addresses how the salaries for the |
|
added and amended classifications fit into the positions above and below |
|
them with percent differences represented in a chart; 4 Ayes |
|
Final Passage (Second Reading) has been scheduled for December 7, 2004 |
22
|
Subject: Uptown Mixed Use Redevelopment Project |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt the following pieces of legislation: |
|
1) An Agency Resolution requesting the approval of the updated residential and |
|
commercial relocation plans for the Uptown Mixed Use Redevelopment Project and |
|
authorizing the implementation of the plans and, |
|
2) Adopt a City Resolution adopting the updated Residential and Commercial Relocation |
|
Plans for the Uptown Mixed Use Redevelopment Project |
|
The October 26, 2004 Community and Economic Development Committee |
|
approved recommendations; 3 Ayes, 1 Abstain - Reid |
23
|
Subject: Easement - 5982 Ascot Drive |
|
From: Community and Economic Development Agency |
|
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
|
abandoning a 5-foot wide reserve public utility easement located on the northeastern line |
|
of 5982 Ascot Drive |
Introduction (First Reading) was approved October 19, 2004; 8 Ayes
24
|
Subject: Easement - 6012 Ascot Drive |
|
From: Community and Economic Development Agency |
|
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
|
abandoning a 5-foot wide reserve public utility easement located on the southwestern |
|
line of 6012 Ascot Drive |
Introduction (First Reading) was approved October 19, 2004; 8 Ayes
25
|
Subject: Amendment to the Salary Ordinance |
|
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 provide a fifty percent salary range table for executive management employee job |
|
classifications in Unit UK1, Unit UN1 and Unit UR1 and to amend the classification of |
|
City Manager, Assistant City Manager, Deputy City Manager, Assistant to the City |
|
Manager, Executive Assistant to the City Manager, Receptionist to the City Manager, |
|
City Manager Analyst, Director of Aging, Health & Human Services, Director of Parks |
|
and Recreation, Agency Director of Finance & Management and add the classifications |
|
of Director of Development, Director of Redevelopment & Economic Development, |
|
CPRB Executive Director and Administrative Assistant to the City Administrator |
Introduction (First Reading) was approved October 19, 2004; 8 Ayes
26
|
Subject: Easement Encroachment on 198 Oak Road |
|
From: Community and Economic Development Agency |
|
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
|
authorizing the granting of an encroachment easement of 885 square feet to Hoi Liang |
|
Phua and Linli Lee on City property located at Davie Tennis Stadium at 198 Oak Road, |
|
Oakland for the appraised market value of $5,350 |
Introduction (First Reading) was approved October 19, 2004; 8 Ayes
27
|
Subject: Amicus Briefs Supporting the City of Berkeley |
|
From: Office of the City Attorney |
|
Recommendation: Adopt a Resolution authorizing the City Attorney to file an Amicus |
|
Brief in support of the City of Berkeley in Alameda County Superior Court in an action |
|
challenging the process and procedures of Berkeley's Police Review Commission, |
|
Alameda Co. Superior Court Case No. 2002057569 |
ITEMS 28 AND 28.1 ARE RELATED
28
|
Subject: MacArthur Transit Village Project - City Attorney's Report |
|
From: Office of the City Attorney |
|
Recommendation: Receive the City Attorney's Report highlighting legal issues, and risks |
|
regarding the Resolution authorizing the Agency Administrator to (1) execute an |
|
agreement that will allow the Agency to complete hazardous materials testing on BART- |
|
owned property at the Macarthur BART station and (2) pay up to $60,000 for insurance |
|
to cover liability to third parties |
S-28.1
|
Subject: MacArthur Transit Village Project |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to |
|
1) negotiate and execute a permit to enter, including indemnification provisions, with |
|
BART to allow the Agency to complete hazardous materials testing on BART-owned |
|
property at the MacArthur BART Station as part of the predevelopment work for the |
|
MacArthur Transit Village Project, and 2) pay up to $60,000 for no more than one-third |
|
of the cost of an insurance policy, and the policy deductible, to cover third party liability |
|
The November 9, 2004 Community and Economic Development Committee |
|
approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
29
|
Subject: Appointments to the Commission on Persons with Disabilities |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution re-appointing Denis Craig, Nancy Crosby, Lynne |
|
Cutler and Alice Moore as members of the Commission on Persons with Disabilities |
30
|
Subject: Appointment to the Children's Fund Planning and Oversight Committee |
|
From: Councilmember Nadel |
|
Recommendation: Adopt a Resolution appointing Diana Alonso as a member of the |
|
Children's Fund Planning and Oversight Committee |
31
|
Subject: Appointment to the Housing, Residential Rent and Relocation Board |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution amending Resolution number 78926 appointing |
|
Stephen Sanger as a member of the Housing, Residential Rent and Relocation Board |
S-32
|
Subject: Leona Quarry Project Tract Maps 7351 and 7493 |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing the City Engineer to enter into a |
|
subdivision improvement agreement with Desilva Group, Inc. for construction of certain |
|
improvements in connection with Tracts "7351" and "7493", Leona Quarry Projects; |
|
fixing the amount of the security to guarantee the faithful performance of such agreement |
|
and adopting plans and specifications (TITLE CHANGE) |
|
The October 26, 2004 Public Works Committee approved the item to move |
|
forward to the November 16, 2004, City Council meeting if the following |
|
conditions are met: 1. installation of the straw mix, trackifier; 2.Storm |
|
Water Prevention Pollution Plan (SWPPP) requirements are met; 3. gravel |
|
access road is completed; and 4. continue work on the storm strain and |
|
sewerage and any major conditions identified by the State Water Quality |
|
Control Board. Staff was further directed to revise the Resolution to |
|
remove the second whereas in the resolution and to include the language “ |
|
the storm drain and sewerage public improvements are to continue and not |
|
be postponed. City Attorney is to look into scheduling this item to Closed |
|
Session; 4 Ayes |
S-33
|
Subject: Pedestrian Countdown Signals |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authoring the City Administrator to enter into a |
|
grant agreement with the State of California, Office of Traffic Safety (OTS), in the |
|
amount of one hundred thirty-one thousand five hundred dollars ($131,500), and to |
|
accept and appropriate project funds to install pedestrian countdown signals at twenty- |
|
three (23) intersections |
|
The November 9, 2004 Public Works Committee directed staff to prepare a |
|
Supplemental Report that includes the list of prioritized pedestrian |
|
countdown signals. In addition, should be prepared to speak to the current |
|
traffic accident data from the California Highway Patrol and Oakland |
|
Police Department and explain how the information is compiled; 3 Ayes, 1 |
|
Abstain - Brooks |
S-34
|
Subject: Municipal Improvement Fund "Pay-Go Funds" |
|
From: Council President Ignacio De La Fuente/Councilmember Quan |
|
Recommendation; Adopt a Resolution directing the Oakland City Attorney to pursue |
|
amendments to the 1982 Trust Agreement with Bank of America in order to clarify that |
|
the Mayor and individual City Councilmembers have the option of providing the funds |
|
related to that agreement (commonly referred to as Municipal Improvement Fund "Pay- |
|
Go Funds") to projects at public schools in Oakland |
|
The November 9, 2004 Community and Economic Development Committee |
|
approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
S-35
|
Subject: Grant Procedures for Pay-Go Account Funds |
|
From: Office of the City Attorney |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance confirming |
|
procedures for grants from the Pay-Go Account to non-city entities |
|
The November 9, 2004 Community and Economic Development Committee |
|
approved Option 1 of the Ordinance as amended to 1) add language that |
|
states that the designation of Pay-Go grants will be determined by |
|
Resolution or Ordinance and 2) delete Item B3 which required review of |
|
Pay-Go grants by the City Atttorney's Office. In addition this item will |
|
return to Committee at a future date for continued discussion regarding |
|
the proposed use of Pay-Go funds as determined by Resolutions or |
|
Ordinances; 3 Ayes, 1 Excused - De La Fuente |
|
Final Passage (Second Reading) has been scheduled for December 7, 2004 |
S-36
|
Subject: Oakland Army Base Workforce Development Collaborative |
|
From: Oakland Base Reuse Authority |
|
Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to |
|
1) consent to the assignment of the rights and obligations of the Alameda County |
|
Homeless Base Conversion Collaborative to the Oakland Army Base Workforce |
|
Development Collaborative ("Workforce Collaborative") under the 1999 Memorandum |
|
of Understanding, and 2) negotiate and enter into an amended and restated Memorandum |
|
of Understanding with the Workforce Collaborative, Port of Oakland, and Oakland Base |
|
Reuse Authority, for an alternate homeless accommodation for the Oakland Army Base |
|
in an amount not to exceed five million four hundred thousand dollars ($5,400,000) |
|
The November 9, 2004 Community and Economic Development Committee |
|
directed staff to negotiate with the Port of Oakland to 1) have the Port put |
|
forth the first $5.4 million towards the Homeless Base Conversion |
|
Collaborative; and 2) if there is no State Land Trust and the City sells the |
|
property, then the Port will reimburse the City $5.4 million; 2 Ayes, 1 No - |
|
Brunner, 1 Excused - De La Fuente |
S-37
|
Subject: Lakeshore/Lake Park Business Improvement Management Dist Advisory Bd. |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt a Resolution approving and confirming the Annual Report of |
|
the Lakeshore/Lake Park Business Improvement Management District Advisory Board |
|
and the continuing annual assessment for the Lakeshore/Lake Park Business |
|
Improvement Management District for Fiscal Years 2004 - 2005 |
|
The November 9, 2004 Community and Economic Development Committee |
|
agenda; 3 Ayes, 1 Excused - De La Fuente |
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 |
|
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER |
|
THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE |
|
SAFETY OF THOSE ATTENDING MEETINGS. |
|
Interim Agency Secretary/City Clerk |
|
*In the event a quorum of the City Council participates on this Committee, the meeting is |
|
noticed as a Special Meeting of the City Council; however, no final City Council action |
|
can be taken. |
|
ORA - Oakland Redevelopment Agency |
