Oakland, California 94612 |
LaTonda Simmons, Interim City |
Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency/ |
City Council |
Meeting Agenda
City of Oakland
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, January 04, 2005
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. These items are heard on the |
6:00 P.M. portion of the agenda. |
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. These items are heard on the 7 |
:00 P.M. portion of the agenda. |
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 |
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. |
3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry |
Chang, At-Large, and President Ignacio De La Fuente, Dist. 5 |
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 Special and Concurrent Meetings of the Oakland |
Redevelopment Agency/City Council held on December 21, 2004 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Mary A. Freeman - Service Recognition |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution commending Mary A. Freeman for more than 34 |
years of devoted and dedicated service and congratulating her on her retirement |
8.2
Subject: Barbara Barnes - Service Recognition |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution commending Barbara Barnes for 32 years of |
devoted and dedicated service and congratulating her on her retirement |
8.3
Subject: Volunteer Blood Donor Month |
From: Councilmember Nadel |
Recommendation: Hear a Presentation and adopt a Resolution declaring January 2005 as |
"Volunteer Blood Donor Month" in the City of Oakland |
8.4
Subject: Renald A. Abellera - Service Recognition |
Recommendation: Adopt a Resolution commending Renald A. Abellera for 29.5 years of |
outstanding and dedicated service and congratulating him on his retirement |
8.5
Subject: Beverly Garcia - Service Recognition |
Recommendation: Adopt a Resolution commending Beverly Garcia for 29 years of |
outstanding and dedicated service to the City of Oakland and congratulating her on her |
retirement |
8.6
Subject: Yvonne Wade - Service Recognition |
From: Councilmember Brooks |
Recommendation: Adopt a Resolution commending Yvonne Wade for 15 years of |
exemplary service and congratulating her on her retirement |
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: Sharon Stewart - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the case of Sharon Stewart v. City of Oakland Northern District |
Court No. 03 5800 (CRB), our file no. 23245, a Police Conduct case in the amount of $ |
175,000.00 (POLICE DEPARTMENT). Ms. Stewart alleges that a sexual relationship |
between her and police officer was coerced from November 1998 through December |
2002 |
Council discussed this item in Closed Session on December 21, 2004. |
Motion authorizing settlement passed by unanimous vote: 8 Ayes |
10.4-CC
Subject: Daniel Hagen and Lynda O'Neil - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the case of Daniel Hagen, Lynda O'Neil v. City of Oakland, et al., |
Superior Court Case No. 841695-7, our file no. 20994, a police conduct case in the |
amount of $15,000.00 (OAKLAND POLICE DEPARTMENT) Mr. Hagen and Ms. |
O'Neil allege that property was illegally confiscated from their home on May 27, 2000, |
and that their subsequent arrest was without basis |
Council discussed this item in Closed Session on December 21, 2004. |
Motion authorizing settlement passed by unanimous vote: 8 Ayes |
10.5-CC
Subject: People of the State of CA ex rel. Bill Lockyer - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle with Duke Energy in the Wholesale Electricity Antitrust cases ( |
People of the State of Cal. ex rel. Bill Lockyer v. Dynegy, Inc. et al., (USDC-Northern |
District No. CV 02-1854-VRW) and all related cases against Duke Energy before |
different courts in related appellate proceedings), in the amount of $500,000.00 |
Council discussed this item in Closed Session on December 21, 2004. |
Motion authorizing settlement passed with 6 Ayes, 1 Abstain - Brunner, 1 |
Absent - Reid |
10.6-CC
Subject: Underground Utility District Number 236S |
From: Public Works Agency |
Recommendation: Adopt a Resolution to establish Underground Utility District Number |
236S for developed subdivisions with completed underground utility service at Ariane |
Court, a segment of Diablo Drive, Bishops Court, Observation Place, Skyline Circle and |
a segment of Redwood Road, pursuant to Ordinance Number 7769 C.M.S. ( |
Councilmember Brooks, District 6) |
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 to 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:
THERE ARE NO PUBLIC HEARINGS SCHEDULED FOR THIS |
MEETING |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Fiscal Year 2005-07 Budget Workshop II |
From: Office of the City Administrator |
Recommendation: Action on a Report establishing goals and objectives for the |
development of Proposed Fiscal Year 2005-07 Budgets for City, Capital Improvement |
Program and Redevelopment Agency; and requesting Council direction on key budget |
issues. |
16
Subject: Amicus Brief - City of Santa Monica - Tenant Harassment Ordinance |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing the City Attorney to File (1) a letter in |
Support of a Petition for Review in the California Supreme Court, (2) a request to |
depublish (not publish), and/or (3) an Amicus (Friend of the Court) Brief in support of |
the City of Santa Monica in Action Apartment v. Santa Monica in which the California |
Court Appeal held a State Law preempts a provision of Santa Monica's Ordinance that |
Provides Tenants Remedies for Landlord's false or misleading allegations in Eviction |
Notices |
S-17
Subject: Oakland Children's Fairyland Inc. Management and Operation Agreement |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution authorizing an agreement between the City of |
Oakland and Oakland Children's Fairyland, Inc., for the operation and management of |
Children's Fairyland, for a fifteen-year term expiring on December 31, 2019, under which |
the City will pay an annual amount not to exceed $83,000 and utility and insurance |
premium costs (projected to be an annual average of $68,000 in utilities and an annual |
average of $125,000 for insurance premium costs) for an estimated annual total of $276, |
000 (TITLE CHANGE) |
The December 14, 2004 Life Enrichment Committee directed staff to |
return to the January 04, 2005, City Council meeting with a Supplemental |
Report including the following: 1) options to amend the board structure |
and appointment process to include a 1 to 3 ratio allowing the City Council |
to appointment members to the board 2) a written report explaining the |
insurance agreement 3) a plan for a monthly "Free Admission Day" for |
Oakland residents; 3 Ayes, 1 Excused - Chang |
18
Subject: Amendment to the Oakland Municipal Code |
From: Oakland Public Ethics Commission |
Recommendation: Action on a Report from the Public Ethics Commission to amend |
Chapter 3.13 of the Oakland Municipal Code (aka "The Limited Public Financing Act") |
to provide, among other things, that 1) matching funds be available only to candidates for |
City Council and the Oakland School Board; 2) the maximum amount which a candidate |
may receive in matching funds be raised from 15 percent to 25 percent of the voluntary |
expenditure limit; 3) require candidates to collect eligible contributions only from |
sources located within the City of Oakland; 4) candidates may receive an initial grant of |
matching funds upon a determination of eligibility; and 5) run-off candidates shall be |
limited in the receipt of matching funds |
The December 2, 2004 Rules and Legislation Committee approved |
recommendations as amended and directed staff to return to the January 4 |
, 2005 City Council meeting with a Supplemental Report including the |
following information: |
1) graduate the contribution lump sum from $2500 match during the first |
years and an additional $2500 the second year; 2) include language in the |
ordinance defining the contribution regulations; and 3) remove |
Councilmember At-Large position from the appropriation of funds in the |
ordinance. In addition, staff is to address the following questions: |
1) how is the Public Ethics Commission is going to deal with contributions |
from relatives; 2) increase contribution from 25% to 30%; and 3) remove |
Councilmember At-large from the limited compaign funds ; 4 Ayes |
19
Subject: Represented Bargaining Unit Members |
From: Office of Personnel |
Recommendation: Adopt a Resolution approving the tentative agreement between the |
City of Oakland and International Federation of Professional and Technical Engineers, |
Local 21 to add fair share fee provisions covering Bargaining Units UH1, UM2 and TM2 |
to the MOU dated July 1, 2002 to June 30, 2008, that will require bargaining unit |
members to pay Local 21 a fee for representing them in negotiations |
20
Subject: Housing Development Systems, Inc. |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of Legislation: |
(1) A Resolution authorizing a contract in an amount not to exceed $485,000 with |
Housing Development Systems, Inc., to purchase software, equipment, installation, |
customization and maintenance services for the implementation of a grant and loan |
information management system; authorizing waiver of formal bidding for software and |
equipment purchased under the contract; allocating up to $200,000 in previously |
budgeted capital improvement funds; reallocating $200,000 in previously budgeted |
mortgage revenue bond funds; and accepting a contribution of $100,000 from the |
Redevelopment Agency under the cooperation agreement for this contract and related |
costs |
(2) An Agency Resolution authorizing a contribution of $100,000 in Low and Moderate |
Income Housing Funds to the City under the cooperation agreement for the purchase of a |
grant and loan information management system |
This item was withdrawn at the request of Councilmember Brooks from |
the December 21, 2004 City Council agenda and rescheduled to the |
January 4, 2005 City Council agenda |
The December 14, 2004 Finance and Management Committee approved |
recommendations; 4 Ayes |
21
Subject: City of Oakland's 9-1-1 system |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate |
and execute contracts without return to Council to acquire necessary equipment and |
services to upgrade the City of Oakland's 9-1-1 system customer premise equipment ( |
CPE) and related equipment; with: (A) five hundred seventy five thousand dollars ($575, |
000) associated with a contract with Southern Bell Company (SBC) for equipment and |
services and the waiving of competitive bidding; and (B) two hundred twenty thousand ( |
$220,000) in competitively bid contracts, for computer equipment, peripherals and |
related equipment at the City of Oakland 9-1-1 Center; for a grand total amount not to |
exceed seven hundred ninety five thousand dollars ($795,000); with all costs to be paid |
from the State of California 9-1-1 Program |
This item was withdrawn at the request of Councilmember Brooks from |
the December 21, 2004 City Council agenda and rescheduled to the |
January 4, 2005 City Council agenda |
The December 14, 2004 Finance and Management Committee approved |
recommendations; 4 Ayes |
22
Subject: Block Grant Funds |
From: Director of Housing and Community Development |
Recommendation: Adopt a Resolution allocating an estimated award of $10,023,000 of |
Community Development Block Grant Funds for Fiscal Year 2005-2006 between the |
categories of housing, economic development, neighborhood programs and |
administration and allocating an estimated $1,800,000 in program income to housing and |
economic development activities |
This item was withdrawn at the request of Councilmember Brooks from |
the December 21, 2004 City Council agenda and rescheduled to the |
January 4, 2005 City Council agenda |
The December 14, 2004 Community and Economic Development |
Committee directed Staff to prepare a Report for a future Committee |
meeting that provides data regarding what other programs can use the |
CEDA Vacancy Housing Program Funds, an analysis where funding is |
directed and options for each specific type of funding; 4 Ayes |
23
Subject: Neighborhood Improvement Program |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution adopting the Neighborhood Projects |
Initiative Program, re-appropriating $180,000 in Fiscal Year 2004-2005 for the program |
from Coliseum Redevelopment Project Area Funds, and authorizing the Agency |
Administrator to negotiate contracts for the program |
The December 14, 2004 Community and Economic Development |
Committee approved recommendations; 4 Ayes |
24
Subject: Amendment to the Council Rules and Procedures |
Recommendation: Adopt a Resolution amending Rule 7 of the Council's Rules of |
Procedure Resolution No. 78307 C.M.S. to require a motion and a second to (1) remove |
an item from the City Council's Consent Item Calendar and place on the Non-Consent |
Calender of the next Council meeting or (2) place on the agenda of the next Council |
meeting any action item that was considered by a subject matter Committee, but was not |
forwarded to Council and setting forth the Council's Rules of Procedure, as amended, in |
their entirety |
This item was withdrawn at the requests of Councilmembers Brooks, |
Brunner and Nadel from the December 21, 2004 City Council agenda and |
rescheduled to the January 4, 2005 City Council agenda |
25
Subject: Community Policing Advisory Board Appointment |
From: Councilmember Brooks |
Recommendation: Adopt a Resolution appointing Sandra Frost as the District 6 |
representative to the Community Policing Advisory Board |
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) |
NOTE:
Americans With Disabilities Act |
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strongly scented products to meetings. |
Recorded Agenda: (510) 238-2386 |
Telecommunications Display Device: (510) 839-6451 |
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Agency Secretary/City Clerk and |
*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 |