Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency / |
City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, February 21, 2006
CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
Council with unanimous recommendation for approval and is not controversial, and does not have |
a high level of public interest as determined by the Rules Committee. |
NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
Council without unanimous recommendation for approval, or having a high level of public |
interest, or is controversial as determined by the Rules Committee. |
ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
official vote and approval of the City Council to be effective. |
INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
does not require or permit Council action. |
1
Pledge of Allegiance
2
Roll Call / ORA & Council
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
non-consent item. (Motion Maker must have voted on prevailing side) |
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee |
but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council held on February 7, 2006 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Eva Paul - Recognition |
From: Councilmember Kernighan |
Recommendation: Adopt A Resolution Honoring Eva Paul For Thirteen Years Of |
Distinguished Service To District 2 Residents And The City Of Oakland |
S-8.2
Subject: Captain Peter Dunbar - Service Recognition |
Recommendation: Adopt A Resolution Honoring Peter W. Dunbar for His 24 Years of |
Dedicated Service to the City of Oakland and Congratulating Him on His Recent |
Selection as Chief of Police of the City of Pleasant Hill |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the February 16, 2006 Rules and Legislation |
Committee to place this item on the agenda for the following reasons: 1) |
That there is a need to take immediate action which came to the attention |
of the local body after the agenda was posted, and that the need to take |
immediate action 2) relates to a purely ceremonial or commendatory |
action. |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
Subject: Declaration Of A Local Emergency Due To AIDS Epidemic |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's |
Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health |
Crisis With Regard To The AIDS Epidemic |
10.2-CC
Subject: Medical Cannabis Health Emergency |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A |
Local Public Health Emergency With Respect To Safe, Affordable Access To Medical |
Cannabis In The City Of Oakland |
10.3-CC
Subject: Ruth Pacheco And Edwin White - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Ruth Pacheco And Edwin White V. City Of |
Oakland, Et Al., Superior Court, County Of Alameda, Case No. RG04168981, In The |
Amount Of $35,000.00 As A Result Of An Automobile Collision Accident In The |
Vicinity Of High Street And Ygnacio Avenue, Oakland, On April 4, 2004 (Police |
Department - Automobile Accident) |
Council discussed this item in closed session on February 7, 2006. Motion |
authorizing settlement passed with 7 Ayes, 1 Absent - Reid |
10.4-CC
Subject: Implementation Of The Dioxin Resolution |
From: Public Works Agency |
Recommendation: Receive An Informational Report On Implementation Of The |
Resolution Establishing A Policy On Dioxin |
The January 24, 2006 Public Safety Committee approved as amended; 4 |
ayes |
10.5-CC
Subject: Toler Heights Estates LLC - Property Sale |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending Ordinance No. 12214 C.M.S., Which Authorized The Sale Of Four |
City-Owned Properties At 9724 And 9745 Thermal Street And 2656 And 2660 98th |
Avenue To Black Phoenix Development Group For The Development Of Six Homes |
Affordable To Moderate-Income Households, To Authorize The Sale Of The Properties |
To Toler Heights Estates LLC, Successor To Black Phoenix, For The Total Fair Market |
Value Of $810,500 For The Development Of Six Units Of Market-Rate Housing |
Introduction (First Reading) was heard on February 7, 2006; 8 Ayes
S-10.6-CC
Subject: Franchise Transfer |
From: Community and Economic Development Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance To (1) |
Consent To The Transfer Of The Franchise Pursuant To Ordinance 8005 C.M.S. Dated |
July 24, 1969 Granting A Franchise To Construct, Maintain And Operate A Bridge And |
Tunnel At 21ST Street (The Kaiser Center) In The City Of Oakland To Prentiss |
Properties Acquisition Partners L.P. And SIC-Lakeside Drive, LLC, And (2) Amend |
Said Ordinance To Increase The Amount Of The Liability Insurance To $25,000,000 |
And The Annual Franchise Consideration To $1,500 |
The February 14, 2006 Finance and Management Committee approved |
recommendations; 4 Ayes |
Final Passage (Second Reading) has been scheduled for March 7, 2006 |
S-10.7-CC
Subject: Oakland Park Rangers MOU Amendment |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Amending Resolution No. 76836 C.M.S. To |
Amend The Memorandum Of Understanding Between The City And The Oakland Park |
Rangers Association By Adding Self-Improvement Compensation To The Agreement |
The February 14, 2006 Finance and Management Committee approved |
recommendations; 4 Ayes |
S-10.8-CC
Subject: Peralta Hacienda Historical Park Landscape Improvement Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) |
Accept And Express Appreciation For A Donation Of Forty-Eight Thousand Dollars |
($48,000.00) From Owens-Illinois Glass Container North America For The Peralta |
Hacienda Historical Park Phase IIIA Landscape Improvement Project (Project No. |
C196710); And 2) Appropriate Said Donation To The Construction Budget For Project |
No. C196710; And 3) Accept And Express Appreciating For A Gift Of Interpretive |
Exhibit Sculptures With An Estimated Value Of Thirty-Four Thousand Dollars |
($34,000.00) From The Friends Of Peralta Hacienda Historical Park |
The February 14, 2006 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-10.9CC
Subject: Tactical Shoot House Sale |
From: Office Of The City Administrator |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Sell To |
The Concord Police Officers Association A Tactical Shoot House For Its Original |
Purchase Price Of Forty-Eight Thousand Seven Hundred Dollars ($48,700) And |
Appropriating Those Funds To The Oakland Police Department |
The February 14, 2006 Public Safety Committee approved |
recommendations; 3 Ayes, 1 Excused - Reid |
Subject: Pre-Disaster Mitigation |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept And Appropriate Up To Three Million Dollars ($3,000,000.00) Of 2006 |
Federal Emergency Management Agency Pre-Disaster Mitigation Grant Funds For The |
Oakland Regional Fuel Management Project |
The February 14, 2005 Public Safety Committee approved |
recommendations; 3 Ayes, 1 Excused - Reid |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: 2400 Filbert Street - Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal And Sustaining The Decision Of The City Planning Commission In |
Approving The Application For A Conditional Use Permit And Design Review To |
Construct A 55 Unit Residential Project At 2400 Filbert Street, Oakland |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Local Emergency Due To Winter Storms |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency |
Due To Winter Storms First Proclaimed By The City Of Oakland On January 5, 2006 |
16
Subject: Anti-Litter Program |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Enacting A Fee On Fast Food Businesses, Liquor Stores, Convenience Markets, And |
Gasoline Station Markets To Defray The Cost Of Litter and Trash Clean-up Resulting |
From Their Operation |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Reid, to approve the Introduction (First Reading) |
of the Ordinance on February 7, 2006 as amended to include the following |
changes: |
ADD IN ALPHABETICAL ORDER: |
"Targeted Street." The City Councilmember for each City Council |
District and the City Administrator shall create annually a list of Targeted |
Streets for each City Council District. Targeted Streets shall be those |
streets and neighborhoods where clean up and disposal of litter will be the |
City's highest priority under the this ordinance, so long as such clean up |
and disposal is consistent with Section 7 of this ordinance. However, a |
street or neighborhood not on the Targeted Street lists may receive the |
clean up or litter disposal supported by this ordinance; and |
Amending Section 5. FEE STRUCTURE to read as follows: |
F. Eligible Businesses in Business Improvement Districts. Any Eligible |
business that is current in paying its assessments to a business |
improvement district authorized by the City Council shall pay only 50 |
(fifty) percent of the fee for its classification. The City Administrator or |
his or her designee may further exempt any such eligible Business from the |
Excess Litter Fee if he or she determines that (1) Such Eligible Business' |
respective business improvement district is not within 3 blocks of a |
Targeted Street, or (2) If such Eligible Business' respective business |
improvement district is within 3 blocks of a Targeted Street, the Eligible |
Business or its respective business improvement district has an effective |
program to clean up litter originating from such Eligible Business on the |
Targeted Street; and upon call of the roll, the motion passed by Ayes: |
Agency/Councilmember: Brunner, Chang, Reid, Quan, Wan and President |
of the Council De La Fuente -6, Noes: Brooks -1; Abstain: Nadel -1 |
17
Subject: Forest City - Exclusive Negotiating Agreement |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator |
To Negotiate And Execute A First Amendment To An Exclusive Negotiating Agreement |
Between The Redevelopment Agency And Forest City Residential West, Inc. Or A |
Related Entity, For The Development Of A Market Rate, Mixed-Use Project Consisting |
Of Housing And Retail On A Parcel Bounded By William Street In The North, |
Telegraph Avenue On The East, 19th Street On The South And A New Public Park On |
The West In Downtown Oakland In Order To Extend The Exclusive Negotiating |
Agreement For An Additional Term Of Ninety (90) Days, Resulting In A Total Term Of |
One Hundred Eighty (180) Days |
18
Subject: Franchise Labor Requirements |
From: Office Of The City Attorney |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending Title 5 Of The Oakland Municipal Code To Add Chapter 5.82, Proprietary |
Interest Franchise Labor Requirements - Card Check, Procedure For Determining |
Employee Preference On Representation By Labor Organization, Which Will Require |
Franchises In Which The City Has A Proprietary Interest To Enter Into A Card Check |
Agreement, A Procedure For Determining Employee Preference On The Subject Of |
Whether Or Not To Be Represented, With A Labor Organization That Requests Such An |
Agreement |
Introduction (First Reading) was heard on February 7, 2006; 5 Ayes, 2 |
Abstain - Brooks, Reid, 1 Recused - Kernighan |
19
Subject: Approval of Final Tract Map 7548 |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving The Final Map For Tract 7548 For The Artisan Walk |
Residential Townhouse Project At 6549 San Pablo Avenue And Accepting Offers Of |
Dedication For On-Site Public Utility Easements; And |
2) A Resolution Approving A Subdivision Improvement Agreement For The Final Map |
For Tract 7548 With Olson 737 Emeryville 1 LLC For Deferred Construction Of Public |
Infrastructure Improvements For The Artisan Walk Residential Townhouse Project At |
6549 San Pablo Avenue |
20
Subject: Comcast Cable Franchise |
From: Office of the City Administrator and Office of the City Clerk |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) Approve The Final Passage (Second Reading) Of Ordinance Of The City Of Oakland |
Amending Chapter 5.16 Of Title 5 Of The Oakland Municipal Code To Regulate The |
Occupancy And Use Of Public Rights-Of-Way By Cable Systems And Open Video |
Systems, To Provide For Establishment Of Customer Service Standards; Establishing |
Franchise And Licensing Requirements For Operators Of Such Systems And To |
Prescribe Minimum Charges, Terms, And Conditions For And Upon The Construction, |
Maintenance, And Repair Of Such Systems; And |
2) Approve The Final Passage (Second Reading) Of An Ordinance Of The City Of |
Oakland Granting A Thirteen Year Cable Franchise To Comcast Of California/Colorado, |
LLC To Construct And Operate A Cable System To Provide Cable Service Within The |
City Of Oakland; Establishing The Terms And Conditions Of The Franchise Grant; And |
Establishing Certain Remedies For The Violation Of The Franchise |
Introduction (First Reading) was heard on Decemeber 6, 2006; 6 Ayes, 1 |
Recused - Kernighan, 1 Excused - Brooks |
21
Subject: Amendment To Oakland Municipal Code |
From: Office Of The City Administrator |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending Oakland Municipal Code Title 2, Chapter 2.04, Article 2.04.160, |
Expenditures From Restricted Gift Proceeds, To Delegate Limited Authority To The City |
Administrator To, Without City Council Action, Accept Gifts And Donations And To |
Appropriate And Expend Monies Derived From Gifts And Donations, And Repealing |
Oakland Municipal Ordinance No. 8144 C.M.S., Adopted June 9, 1970, Which Contains |
Conflicting, Obsolete Provisions |
Introduction (First Reading) was heard on February 7, 2006; 7 Ayes, 1 |
Absent - Nadel |
22
Subject: Colleen Flaherty - Appointment |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Appointing Colleen Flaherty As A Member Of |
The Cultural Affairs Commission |
23
Subject: Renee Harwood - Appointment |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Appointing Renee Harwood As A Member Of |
The Citizen's Police Review Board |
S-24
Subject: Landscaping And Lighting Assessment District Property Assessments |
From: Office of the City Administrator - Budget Office |
Recommendation: Adopt A Resolution To (A) Initiate The Fiscal Year 2006-2007 |
Assessment Process For The City Of Oakland Landscaping And Lighting Assessment |
District; (B) Increase Property Assessments For The Landscaping And Lighting |
Assessment District Pursuant To Articles XIII C And D Of The California Constitution; |
And (C) Authorize The City Administrator To Order The Preparation Of A Preliminary |
Engineer's Report Pursuant To The California Streets And Highways Code |
The February 14, 2006 Finance and Management approved |
recommendations |
S-25
Subject: Community Services Block Grant Funding |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator 1) To Apply, |
Accept And Appropriate A Two Year Grant In The Amount Of $1,361,186 In |
Community Services Block Grant (CSBG) Funds From The State Of California |
Department Of Community Services And Development (CSD) To The City Of Oakland's |
Federally Designated Community Action Agency In The Amount Of $680,593 Annually |
For Calendar Years 2006 and 2007; 2) To Enter Into Agreements With Providers For |
Services; And 3) To Apply For, Accept, Appropriate And Enter Into Future Agreements |
For CSBG Renewal Grant Funding From CSD Without Returning To Council |
The February 14, 2006 Life Enrichment Committee approved |
recommendations as amended to include the deletion of the third |
"Resolved" of the Resolution and further directed staff to prepare a |
Supplemental Report to include the 2006-2007 funding allocations. Staff |
was also directed to include in the forthcoming Annual report the following |
information: 1) A breakdown of demographic categories in the report and |
needs assessment; 2) direction of financial literacy classes; 3) IDA |
programs impact on self-sufficiency; 4) duration of employment after going |
through employment programs; 5) CAP program and the lack of an RFP |
process pertaining thereto; 6) a general sense of where the money is going; |
and 7) measurable benchmarks; 4 Ayes |
S-26
Subject: Evaluation Of Measure Y Enacted In 2004 |
From: Office of the City Administrator |
Recommendation: Adopt A Resolution Authorizing The City Administrator To |
Negotiate And Execute A Contract Between The City Of Oakland And Berkeley Policy |
Associates In An Amount Not To Exceed $425,000 To Evaluate Measure Y - The |
Violence Prevention And Public Safety Act Of 2004 For The Period Of March 1, 2006 |
Through August 31, 2007 |
The February 14, 2006 Public Safety Committee approved |
recommendations as amended to included the following changes: 1) An |
analysis of both the Police Enforcement Program and the Prevention and |
Intervention Program; 2) a community process for defining the crime effect |
indicators; and 3) include the source of funding reflecting a 2/5 allocation |
from prevention and intervention and a 3/5 allocation from enforcement; 3 |
Ayes, 1 Excused - Reid |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by |
Majority Vote of the Council) |
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ORA - Oakland Redevelopment Agency |