Meeting Minutes
City of Oakland
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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
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Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council |
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1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
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City of Oakland Website: http://www.oaklandnet.com |
Tuesday, March 06, 2007
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
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A meeting of the Joint Oakland Redevelopment Agency and City Council was |
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held on the above date. Opening with the Pledge of Allegiance, the meeting |
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was convened at 6:13 pm. |
2
Roll Call / ORA & Council
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ORA\Councilmember Present: 8 - Councilmember Chang, Councilmember |
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Nadel, Councilmember Kernighan, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
3
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
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The following individuals spoke under open forum: |
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. |
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A motion was made by Councilmember Kernighan, seconded by |
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Councilmember Reid, to *Approve as Submitted. The motion carried. |
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Agency/Councilmember Kernighan made a motion, seconded by |
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Agency/Councilmember Reid to pull item 10.9CC from the Consent Calendar |
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regarding Class II Bycycle lanes on Lake Shore Avenue and reschedule this |
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item to the March 20, 2007 City Council agenda as a Non-Consent item and |
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directing staff to prepare a Supplemental Report for this item to respond to the |
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citizens' concerns raised at the February 27, 2007 Public Works Committee |
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meeting. |
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) |
No action was necessary for this item
6
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Requests from Councilmember(s) to schedule an Action Item considered by Committee but |
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not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting |
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as a non-consent item. |
No action was necessary for this item.
7
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Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council held on February 20, 2007 |
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Quan, to *Approve the Minutes. The motion carried by the following vote: |
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ORA\Councilmember Absent: 1 - Councilmember Brooks |
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ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente and Councilmember Reid |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Women's History Month |
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From: Councilmember Nancy Nadel |
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Recommendation: Adopt A Resolution Declaring The Month Of March 2007 "Women's |
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History Month" In The City Of Oakland |
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A motion was made by Councilmember Nadel, seconded by |
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Councilmember Brunner, that this matter be Adopted. The motion carried |
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by the following vote: |
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ORA\Councilmember Absent: 1 - Councilmember Brooks |
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ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente and Councilmember Reid |
8.2
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Subject: Brenda Tipton-Gaines Recognition |
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From: Councilmember Nancy Nadel |
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Recommendation: Adopt A Resolution Honoring Brenda Tipton-Gaines For 29 Years Of |
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Distinguished Service And Dedication To The City Of Oakland, And Congratulating Her On |
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Her Retirement |
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A motion was made by Councilmember Nadel, seconded by |
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Councilmember Chang, that this matter be Adopted. The motion carried |
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by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
8.3
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Subject: 4th Year Anniversary Of The War On Iraq |
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From: Councilmember Jean Quan and Council President De La Fuente |
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Recommendation: Adopt A Resolution Noting The Fourth Year Anniversary Of The War On |
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Iraq And Its Costs To The City OF Oakland's Social Programs And Sponsoring The March 24th |
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Day To End The War And End The Violence At Home |
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A motion was made by Councilmember Quan, seconded by President of the |
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Council De La Fuente, that this matter be Adopted. The motion carried by |
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the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
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Agency/Councilmember Brooks took a point of personal privilege and |
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requested that the meeting be adjourned in memory of Don Cooper and Brian |
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Perkins |
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Agency/Councilmember Quan took a point of personal privilege and requested |
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that the meeting be adjourned in memory of Jay Johnson and Tyler Ko |
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
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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 |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.2-CC
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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 Local |
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Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In |
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The City Of Oakland |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.3-CC
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Subject: Limitations On Residential Eminent Domain Authority |
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From: Community And Economic Development Agency |
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Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Adopting |
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The First Amendment To The Broadway/MacArthur/ San Pablo Redevelopment Plan To Limit |
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The Redevelopment Agency's Eminent Domain Authority Over Residential Property |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
10.4-CC
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Subject: Carol Depasquale - 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 Carol Depasquale In The Amount Of Sixty Four |
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Thousand Twenty Six Dollars And 34 Cents ($64,026.34), As A Result Of Property Damage |
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Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On January 3, 2006. |
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(Public Works Agency) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.5-CC
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Subject: Kevin Brown - 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 Kevin Brown, In The Amount Of Sixteen Thousand |
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Seven Hundred Twenty Dollars And No Cents ($16,720.00), As A Result Of Property Damage |
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Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On March 16, 2006. |
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(PWA) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.6-CC
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Subject: Shamika And Wayne Newman - 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 Indemnity Contribution Claim Of General Insurance Company Of |
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America/Safeco Insurance Companies (Re: Shamika And Wayne Newman) In The Amount Of |
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Six Thousand Seven Hundred Fifty Dollars And No Cents ($6,750.00), As A Result Of Bodily |
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Injury Damages Sustained In A Trip And Fall Incident By Wayne And Shamika Newman In A |
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City Owned Building On April 8, 2006. (Redevelopment Agency) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.7-CC
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Subject: Mary Harvey - 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 Mary Harvey V. City Of Oakland, et al., Superior Court, |
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County Of Alameda, Case No. RG06256879, In The Amount Of $25,000.00 As A Result Of A |
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Trip An Fall Accident At 3711 MacArthur Boulevard, Oakland, On June 11, 2005 (Public |
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Works Agency-Trip And Fall Accident) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.8-CC
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Subject: Project Priority Funds - District Seven |
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From: Councilmember Larry Reid |
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Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $15,000 From |
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Councilmember Larry E. Reid's Priority Project Funds To Northern California Compassion |
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Network For The Purchase And Installation Of Walk-In Refrigeration, Additional Shelving |
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And A Forklift |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
S-10.9
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Subject: Class II Bicycle Lanes On Lakeshore Avenue |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Authorizing The Installation Of Class II Bicycle Lanes |
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On Lakeshore Avenue By Reducing Travel Lanes From Four (4) Through Lanes To Two (2) |
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Through Lanes And Adding A Continuous Center-Turn Lane Between Harvard/Winsor Roads |
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And Mandana Boulevard |
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*Rescheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency / City Council on 3/20/2007 |
as a non-consent item.
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Subject: 333 17th Street - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Howden Building Investors LP A Revocable |
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And Conditional Permit To Allow An Existing Basement For A Building At 333 17th Street To |
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Encroach Under The Public Sidewalk Along 17th Street And Webster Street |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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Subject: 1300 Broadway - Revocable and Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Mash Petroleum, Inc., And the Mashhoon |
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Revocable Trust A Revocable And Conditional Permit For A Building At 1300 Broadway To |
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Allow An Existing Basement To Encroach Under The Public Sidewalk Along Broadway and |
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13th Street |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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Subject: 3701 Broadway - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Kaiser Foundation Hospitals A Revocable |
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And Conditional Permit To Allow Soil Shoring For New Buildings At 3701 Broadway To |
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Encroach Under The Public Right-Of-Way Along Broadway and 38th Street |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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Subject: 534 Thomas L. Berkley Way - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Buttner Properties, Inc. A Revocable And |
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Conditional Permit To Allow Vaults And Electrical Transformers For A Building At 534 |
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Thomas L. Berkley Way To Encroach Under The Public Sidewalk Along 21st Street |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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Subject: 81st Avenue Public Library Project |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Authorizing The Acceptance And Appropriation Of A |
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Grant From Stopwaste.Org For The 81st Avenue Public Library Project (Project No. C274410) |
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In The Amount Of Eighty Thousand Dollars ($80,000.00) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
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Subject: Year-End Projections For Selected City Funds |
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From: Finance and Management Agency |
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Recommendation: Receive An Informational Report On Fiscal Year 2006-2007 Second Quarter |
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Revenue And Expenditure Results And Year-End Projections For City's Selected Funds |
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(General Purpose, Telecommunications, Equipment And Facilities) |
This Matter was *Received and Filed on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
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Subject: Solbourne, Inc. - Professional Services Agreement |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
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Professional Services Agreement With Solbourne, Inc., Without A Competitive Request For |
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Proposal/Qualifications Process, To Restore The Critical MASS Change Function To The |
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City's Payroll System In An Amount Not-To-Exceed Seventy Five Thousand Dollars |
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($75,000.00) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
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Subject: Lakeshore/Lake Park Business Improvement District |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Approving The Annual Reports Of The Lakeshore/Lake |
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Park Business Improvement Management District, The Temescal/Telegraph Avenue Property |
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Business Improvement District Of 2005, And The Laurel Property Business Improvement |
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District Of 2005 Advisory Boards And Confirming The Continuing Annual Assessment For |
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Each District For Fiscal Year 2006/2007 |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
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Subject: Urban Search And Rescue - FEMA Grant |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Apply For, |
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Accept And Appropriate A Grant From The Federal Emergency Management Agency (FEMA) |
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For The Period June 01, 2007 To September 30, 2008 In The Amount Of Seven Hundred Sixty |
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Nine Thousand Five Hundred Dollars ($769,500) To Meet Continuing Management, Training |
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And Equipment Needs Of The Fire Department's Urban Search And Rescue (USAR) Team, 2) |
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Waive The City's Competitive Bidding Requirements And Authorize Procurement Of |
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Equipment From The General Services Administration Agency, And 3) Award Equipment |
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Contracts Without Return To Council |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
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Subject: Volunteers Of America Agreement Amendment |
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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 $1,208,333 In An Intergovernmental Partnership Grant From The California |
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Department Of Corrections And Rehabilitation For Reentry Programs Coordinated With The |
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Violence Prevention And Public Safety Act Of 2004 And Authorizing The City Administrator |
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To Execute An Amendment To The Agreement Between The City Of Oakland And Volunteers |
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Of America, Bay Area For An Amount Not To Exceed $119,000 To Implement Project Choice |
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For The Period Of February 1, 2007 To June 30, 2007 With Two Twelve-Month Options To |
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Renew For An Amount Not To Exceed $270,000 Per Year |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
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Subject: State And Federal Legislative Agenda |
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From: Councilmember Jane Brunner |
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Recommendation: Receive An Informational Report On The Final State Legislative Agenda |
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For 2007 |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
Passed The Consent Agenda
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A motion was made by Councilmember Chang, seconded by |
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Councilmember Reid, including all the preceding items marked as having |
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been adopted on the Consent Agenda. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
11
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An oral report from the Agency Counsel / City Attorney of final decisions made during |
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Closed Session |
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A motion was made by Councilmember Chang, seconded by |
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Councilmember Reid, to *Approve as Submitted the report of 2 final |
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decisions made during closed session as indicated in attachment A of this |
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item. The motion carried by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
12
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A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
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Sunshine Ordinance |
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A motion was made by Councilmember Chang, seconded by |
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Councilmember Reid, to *Approve as Submitted the disclosure that there |
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were no non-confidential closed session discussions during closed session. |
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The motion carried by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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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
There was no action necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
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Subject: Revocation of Ten Taxi Cab Medallions |
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From: Office Of The City Administrator |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
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Denying The Appeal Filed By Mr. And Mrs. Baljit Singh On Behalf Of Yellow Cab And |
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Denying The Appeal Filed By Enayat Aminy On Behalf Of East Bay Driver Association |
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Against The Administrative Hearing Officer's Decision To Revoke Ten Taxi Medallions Issued |
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To Yellow Cab Company |
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A motion was made by Councilmember Brunner, seconded by |
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Councilmember Quan, that this matter be Adopted with direction to have |
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the additional 27 taxi medallions re-audited 6 months from this decision |
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with the findings report back to a future Public Safety Committee meeting. |
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The motion carried by the following vote: |
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ORA\Councilmember Noes: 3 - President of the Council De La Fuente, |
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Councilmember Brooks and Councilmember Reid |
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ORA\Councilmember Ayes: 5 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner and Councilmember |
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Quan |
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Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
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opened at 7:04 pm |
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The following individuals spoke on this item: |
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Agency/Councilmember Brunner made a motion, seconded by |
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Agency/Councilmember Quan, to close the Public Hearing, and hearing no |
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objections, the motion passed Ayes: Agency/Councilmember: Brooks, Brunner, |
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Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La |
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Fuente -8 |
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AT THE REQUEST OF COUNCILMEMBER BROOKS, THE CITY COUNCIL, |
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HEARD AND TOOK ACTION ON ITEM 21 AFTER ITEM 14.1 |
14.2
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Subject: Oakland City Center Project Amendment |
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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) An Ordinance Authorizing The City To Enter Into A Twelfth Amendment To The |
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Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., |
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Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By |
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Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned |
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Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A |
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Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights |
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And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To |
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Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And |
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(6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block |
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T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center |
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Project On Block T-5/6 |
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A motion was made by Councilmember Brunner, seconded by |
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Councilmember Reid, that this matter be Approve as Amended on |
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Introduction for Final Passage to the Concurrent Meeting of the Oakland |
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Redevelopment Agency / City Council, due back on March 20, 2007 with |
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the changes referenced in Attachment B. The motion carried by the |
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following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
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Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
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Quan, President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
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opened at 9:40 pm |
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The following individual(s) spoke on this item: |
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Agency/Councilmember Brunner made a motion, seconded by |
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Agency/Councilmember Brooks, to close the Public Hearing, and hearing no |
|
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
|
Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council |
|
De La Fuente -8 |
|
2) An Agency Resolution Authorizing The Agency To Enter Into A Twelfth Amendment To |
|
The Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., |
|
Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By |
|
Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned |
|
Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A |
|
Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights |
|
And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To |
|
Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And |
|
(6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block |
|
T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center |
|
Project On Block T-5/6 |
|
A motion was made by Councilmember Brunner, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
ACTION ON NON-CONSENT ITEMS:
15
|
Subject: McKillop Roadway - Landslide Damage |
|
From: Public Works Agency |
|
Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency Due |
|
To Landslide Damage To McKillop Roadway First Proclaimed By the City Of Oakland On |
|
October 17, 2006 |
|
A motion was made by Councilmember Quan, seconded by |
|
Councilmember Nadel, that this matter be Adopted. The motion carried |
|
by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
16
|
Subject: Oakland Garden Hotel, LLC - Agreement |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt the Following Pieces Of Legislation: |
|
1) An Agency Resolution Pursuant To Section 4.9.2 And 11.2 Of The Disposition And |
|
Development Agreement Between The Oakland Redevelopment Agency And Oakland Garden |
|
Hotel LLC, Authorizing The Agency Administrator To Approve The Transfer Of Ownership Of |
|
The Oakland Garden Hotel To The CIM Group; And |
|
A motion was made by Councilmember Brooks, seconded by |
|
Councilmember Reid, that this matter be Adopted as Amended to include |
|
the following language: "Further Resolved: That a Certificate of |
|
Completion for the Oakland Garden Hotel (Courtyard Marriot) shall not |
|
be issued until Oakland Garden Hotel LLC pays the City the $132,204.70 |
|
penalty for non-compliance with the Agency's contracts compliance |
|
programs during the construction of the Oakland Garden Hotel; or |
|
alternatively, places the funds in escrow. If placed in escrow, the funds |
|
shall be released to Oakland Garden Hotel LLC upon the close of the |
|
Pacific Renaissance Settlement; provided that if the Settlement is not |
|
consummated, the funds shall be released to the agency; and be it,..." The |
|
motion carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
The following individual(s) spoke and did not indicate a position on this item: |
|
2) A Resolution Pursuant To Section 10. Of The Hyatt Regency Oakland Hotel Ground Lease |
|
Between The City Of Oakland And Oakland Renaissance Associates Authorizing The City |
|
Administrator To Approve The Assignment Of The Ground Lease And The Sale Of The |
|
Marriott Hotel To The CIM Group, And To Accept All Payments Due The City |
|
A motion was made by Councilmember Brooks, seconded by |
|
Councilmember Reid, that this matter be Adopted as Amended to include |
|
the following language: “Further Resolved: That the proceeds from the |
|
transfer of the Marriott, including the assignment of the Ground Lease and |
|
other transactions associated with the transfer, shall remain in escrow until |
|
appropriate distribution of loan pool funds is agreed to be the City; and be |
|
it.” |
|
The motion carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
17
|
Subject: Oakland Ice Center Contract |
|
From: Community And Economic Development Agency |
|
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To |
|
Negotiate And Execute A Three-Year Agreement With Rink Management Services |
|
Corporation For Management And Operation Of The Oakland Ice Center For A Base Monthly |
|
Fee Not To Exceed $4,900, Plus An Annual Incentive Fee Not To Exceed 20 Percent Of Net |
|
Revenue Adjusted For Any Deferred Expenses That May Be Earned During The Previous Year |
|
In Excess Of $7,603, Pursuant To Specific Criteria |
No Action Taken
|
The following individual(s) spoke on this item: |
|
Pursuant to City Charter Section 200, which provides that "the Mayor shall |
|
have a vote on the Council if the councilmembers are evenly divided", and Rule |
|
29 of the Council's Rules of Procedure, Resolution No. 79006 C.M.S. this item |
|
was automatically continued solely for the purpose of allowing the Mayor to |
|
cast a vote on the substitute motion. |
|
Upon call of the item, the City Clerk read unto the record a letter from the |
|
Office of the Mayor included in the packet declining to vote on this issue and |
|
refering the matter back to Council for action. As a result of the Mayor's |
|
decision the substitute motion failed and Council returned to consideration of |
|
the main motion made by Councilmember Brooks. |
|
Councilmember Brooks made a motion which was seconded by Councilmember |
|
Reid directing staff to negotiate and execute a three-year agreement with Rink |
|
Management Services for management and operation of the Oakland Ice |
|
Center, and upon call of the roll, the motion failed by Ayes: |
|
Agency/Councilmember: Brunner, Chang, Quan -3; Noes: Brooks, Kernighan, |
|
Nadel, Reid - 4, Abstain - President of the Council De La Fuente -1 |
|
Agency/Councilmember Chang made a motion, seconded by |
|
Agency/Councilmember De La Fuente, to approve the Community and |
|
Economic Development Community recommendation with the following |
|
amendments: 1) change the term of the contract from three years to a two-year |
|
agreement with SJAM with an option for the City to extend the agreement for |
|
one additional year; 2) a community advisory group for the Oakland Ice |
|
Center shall be created; 3) all fee increased will be brought back to the City, |
|
with discounted offers for Oakland residents; 4) one of the performance |
|
measures for the contract will be the percentage of Oakland residents that use |
|
the facility; 5) SJAM will provide assistance with transportation for the public |
|
school program, and upon call of the roll , the motion failed by Ayes: |
|
Agency/Councilmember: Brooks,Kernighan, Nadel, Reid - 4; Noes: Brunner, |
|
Chang, Quan - 3; Abstain: President of the Council De La Fuente -1 |
|
Agency/Councilmember Kernighan made a motion, seconded by |
|
Agency/Councilmember Brooks, to approve the Community and Economic |
|
Development Community recommendation with the following amendments: 1) |
|
change the term of the contract from three years to a two-year agreement with |
|
Rink Management with an option for the City to extend the agreement for one |
|
additional year; 2) a community advisory group for the Oakland Ice Center |
|
shall be created; 3) all fee increased will be brought back to the City, with |
|
discounted offers for Oakland residents; 4) one of the performance measures |
|
for the contract will be the percentage of Oakland residents that use the facility; |
|
5) Rink Management will provide assistance with transportation for the public |
|
school program, and upon call of the roll , the motion failed by Ayes: |
|
Agency/Councilmember: Brooks,Kernighan, Nadel, Reid - 4; Noes: Brunner, |
|
Chang, Quan - 3; Abstain: President of the Council De La Fuente -1 |
|
and the motion failed and no action was taken on this item and this matter died |
|
in Council. |
|
UPON CONCLUSION OF THIS ITEM THE CITY COUNCIL RETURNED |
|
ITEM 14.2 NOTICED AS A PUBLIC HEARING |
18
|
Subject: Condominium Conversion Program |
|
From: Community and Economic Development Agency |
|
Recommendation: Action On A Report And Recommendations Regarding (1) Individual |
|
Development Accounts For Homeownership For Low And Moderate Income Residents; (2) |
|
Development And Implementation Of A City-Wide Community Land Trust; And (3) Use Of |
|
Housing Rehabilitation And Housing Development Funds For Use In Conjunction With A |
|
Condominium Conversion Program To Promote Neighborhood Revitalization |
|
A motion was made by Councilmember Brunner, seconded by |
|
Councilmember Reid, that this matter be Deferred to the Office of the City |
|
Administrator in support of the committee recommendation to send this |
|
item to the Blue Ribbon Inclusionary Housing Commission. The motion |
|
carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
The following individual(s) spoke on this item: |
S-19
|
Subject: Utility Box Design And Guidelines |
|
From: Community and Economic Development Agency |
|
Recommendation: Action On A Report On The Final Site Design And Siting Guidelines For |
|
Utility Boxes In The Public Right-Of-Way (Title Change) |
|
A motion was made by Councilmember Kernighan, seconded by |
|
Councilmember Reid, that this matter be Approved in accordance with the |
|
Committee recommendation to: 1) Adopt the Surface Mounted Facility |
|
Placement Guidelines; 2) Adopt the Screening Templates for the AT&T |
|
Lightspeed project; and further direct staff to A) design screening |
|
templates, administratively, as required for other entities wishing to place |
|
facilities in the City of Oakland right-of-way; B) direct the Public Works |
|
Agency to use the placement guidelines and public notice procedures; and |
|
C) direct staff to schedule a report on the concentration of utility boxes |
|
from different companies in a single location. The motion carried by the |
|
following vote: |
|
ORA\Councilmember Noes: 1 - Councilmember Brunner |
|
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks and Councilmember Reid |
|
The following individual(s) spoke on this item: |
S-20
|
Subject: 2005-2006 Fiscal Year Comprehensive Annual Financial Report |
|
From: Finance and Management Agency |
|
Recommendation: Receive An Informational Report Presenting The Fiscal Year 2005/2006 |
|
Comprehensive Annual Financial Report (CAFR), The Single Audit Report, The Oakland |
|
Redevelopment Agency (ORA) Financial Statement, The Oakland Base Reuse Authority |
|
(OBRA) Financial Statement, Measure Y Audit Report, The Oakland Wildfire Prevention |
|
Assessment District Report, Measure DD Financial Statement, And The Management Letter |
|
A motion was made by Councilmember Quan, seconded by |
|
Councilmember Brooks, that this matter be *Received and Filed. The |
|
motion carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
The following individual(s) spoke on this item: |
S-21
|
Subject: Workforce Housing Reward Grant |
|
From: Public Works Agency |
|
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, |
|
Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million Two |
|
Hundred Thousand Dollars ($1,200,000.00)From The State Of California Department Of |
|
Housing And Community Development Workforce Housing Reward Grant |
|
A motion was made by Councilmember Brooks, seconded by |
|
Councilmember Reid, that this matter be Adopted the prioritization of |
|
projects with funding allocated accordingly: 1) Carter Gilmore at |
|
$800,000; 2) The Asian Library at $109,000; 3) Feasibility Study to repave |
|
West Street; 4) $100,000 for lighting and fencing at Raimondi park; with |
|
the $179,000 balance to go to 5) the Martin Luther King Jr. Library. The |
|
motion carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
|
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
|
Quan, President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
The following individual(s) spoke on this item: |
|
AT THE REQUEST OF THE CHAIR THE CITY COUNCIL HEARD AND |
|
TOOK ACTION ON ITEM 17 AFTER ITEM 21. |
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) |
|
There being no further business, and upon the motion duly made, the |
|
Agency/Council adjourned the meeting in memory of Don Cooper, Brian |
|
Perkins, Jay Johnson, and Tyler Ko at 11:14 p.m. |
|
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 |
|
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Also, in compliance with Oakland's policy for people with environmental illness or multiple |
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chemical sensitivities, please refrain from wearing strongly scented products to meetings. |
|
Office of the City Clerk - Agenda Management Unit |
|
Recorded Agenda: (510) 238-2386 |
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Telecommunications Display Device: (510) 839-6451 |
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City Clerk and Clerk of the Council
