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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
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Special Concurrent Meeting of the |
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Oakland Redevelopment |
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Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
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Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California 94612 |
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City of Oakland Website: http://www.oaklandnet.com |
City Council Chambers - 3rd Floor
6:00 PM
Tuesday, June 27, 2006
1
Pledge of Allegiance
2
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Roll Call / ORA & Council |
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COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel, |
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Dist. 3; Vice Mayor Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry |
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Chang, At-Large, and President Ignacio De La Fuente, Dist. |
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
4
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
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item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
5
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Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
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Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
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non-consent item. (Motion Maker must have voted on prevailing side) |
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Requests from Councilmember(s) to schedule an Action Item considered by Committee |
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but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
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There are no draft minutes for approval.
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Oakland Citizens' Academy Graduation |
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From: Office Of The City Administrator |
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Recommendation: A 10-Minute Presentation From The City Administrator For The City |
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Of Oakland Citizens' Academy Graduation Class Of Spring 2006 |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
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Subject: Declaration Of A Local Emergency Due To AIDS Epidemic |
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From: Office Of The City Attorney |
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Recommendation: Adopt A Resolution Renewing And Continuing The City Council's |
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Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health |
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Crisis With Regard To The AIDS Epidemic |
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Subject: Medical Cannabis Health Emergency |
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From: Office Of The City Attorney |
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Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A |
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Local Public Health Emergency With Respect To Safe, Affordable Access To Medical |
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Cannabis In The City Of Oakland |
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Subject: Pacific Gas And Electric Company - Settlement Agreement |
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From: Office Of The City Attorney |
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Recommendation: Adopt A Resolution Authorizing The City Attorney To Enter Into A |
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Settlement Agreement With Pacific Gas And Electric Company That Resolves A Dispute |
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Over Unpaid Electricity Charges Generated By Metricom Wireless Devices On City |
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Light Poles |
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Council discussed this item in Closed Session on April 4, 2006. Motion |
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authorizing settlement passed with 7 Ayes, 1 Abstention - Brooks |
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Subject: Emergency Medical Services Retention Act Of 1997 |
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From: Finance And Management Agency |
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Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
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Authorizing A Fiscal Year 2006-2007 Increase To A Special Tax Imposed For |
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Emergency Medical Services In Accordance With The Emergency Medical Services |
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Retention Act Of 1997 (Measure M) |
Introduction (First Reading) was approved June 20 , 2006; 8 Ayes
10.5 CC
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Subject: Oak To Ninth Mixed Use Development Project |
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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) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The |
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Second Amendment To The Central City East Redevelopment Plan To Revise Land Use |
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Designations For The Oak To Ninth Project Site; |
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2) Approve The Final Passage (Second Reading) Of An Ordinance Adopting An |
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Amendment To The Central District Urban Renewal Plan To Revise Land Use |
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Designations For The Oak To Ninth Project Site; |
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3) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The |
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Planned Waterfront Zoning District (PWD-4) For The Oak To Ninth Mixed Use |
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Development Project; |
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4) Approve The Final Passage (Second Reading) Of An Ordinance Rezoning Property In |
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The Oak To Ninth Avenue Mixed Used Development Project Site From Heavy |
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Industrial (M-40) To The Planned Waterfront Zoning District (PWD-4) And Open |
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Space-Region Serving Park (OS-RSP), And From Civic Center Design Review |
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Combining Zone (S-2/S-4) To The Planned Waterfront Zoning District (PWD-4 And |
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Open Space-Region Serving Park (OS-RSP) (TITLE CHANGE) |
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5) Approve The Final Passage (Second Reading) Of An Ordinance Approving A |
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Development Agreement Between The City Of Oakland, The Redevelopment Agency Of |
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The City Of Oakland, And Oakland Harbor Partners, LLC And Authorizing The City |
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Administrator To Execute The Development Agreement On Behalf Of The City |
These items were rescheduled to the July 18, 2006 City Council Agenda
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Subject: Oakland General Plan |
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From: Community And Economic Development Agency |
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Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
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Extending The Interim Controls For The Implementation Of The Oakland General Plan |
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To June 30, 2007 (TITLE CHANGE) |
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Introduction (First Reading) was approved as amended on June 20, 2006 to |
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approve the extension of Interim Controls to June 2007; 8 Ayes |
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Subject: Disposable Food Service Ware |
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From: Vice Mayor Jean Quan and Council President De La Fuente |
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Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance To |
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Prohibit The Use Of Polystyrene Foam Disposable Food Service Ware And Require The |
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Use Of Biodegradable Or Compostable Disposable Food Service Ware By Food Vendors |
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and City Facilities |
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Introduction (First Reading) was approved as amended to include the |
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requirement that the program be reviewed 1 year from implementation; 7 |
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Ayes, 1 No - Brooks |
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Subject: Dog Leash Ordinance |
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Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
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Amending Oakland Municipal Code Title 6, Chapter 6.04 Article 6.04.080 Dogs At |
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Large In Parks, To Allow Dogs To Be Off-Leash, Under Specific Conditions, In The |
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Joaquin Miller Park Dog Play Area As Authorized By The Parks And Recreation |
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Advisory Commission |
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Introduction (First Reading) was approved as amended in Section 6.04.080 |
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(c) to strike out the word written and replace with writing or; 8 Ayes |
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Subject: Youth Employment Partnership - Litter Program Services |
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From: Councilmember Jane Brunner |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute |
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A Two Year Agreement With Youth Employment Partnership, Inc. (YEP) To Implement |
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The Team Oakland Program And For City Beautification Services In An Amount |
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Not-To-Exceed $498,000.00, Or $249,000.00 In Each Year Of The Agreement, And |
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Authorizing The City Administrator To Add Clean Up Services And Increase The |
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Contract By An Additional Amount Not-To-Exceed $235,000.00 Per Year Over The |
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Term Of The Agreement Needed To Carry Out The Anti-Litter Program (TITLE |
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CHANGE) |
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This item was withdrawn and rescheduled from the June 20, 2006 City |
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Council Agenda |
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Subject: Violence Prevention And Public Safety Act Of 2004 |
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From: Finance And Management Agency |
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Recommendation: Approve The Final Passge (Second Reading) Of An Ordinance |
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Authorizing A Fiscal Year 2006-2007 Increase To A Special Tax Imposed For Violence |
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Prevention And Public Safety Services In Accordance With The Violence Prevention |
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And Public Safety Act Of 2004 (Measure Y) |
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Introduction (First Reading) was approved as amended on June 20, 2006 to |
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include the following language "authorizing no increase" ; 7 Ayes; 1 |
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Abstain - Brooks |
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 |
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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COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
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THEREAFTER: |
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Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
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Subject: Tree Removal Permits - The Lake Merritt Improvement Projects |
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From: Public Works Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
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Denying The Appeal Filed By Friederike Droegemueller, On Behalf Of The Merritt |
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Lakesiders And No Clearcuts@Yahoogroups.Com, Against The Decision Of The Public |
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Works Agency Approving The Issuance Of Three Tree Removal Permits For The Lake |
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Merritt Improvement Projects |
14.2
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Subject: Massage Establishment Permit Appeal - Hoang Kim Ngo |
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From: Office of the City Administrator |
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Recommendation: Conduct A Public Hearing And Upon Conclusion, Adopt A |
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Resolution Denying The Appeal Filed By Kim Ngo Against The Administrative Hearing |
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Officer's Decision To Deny A Massage Establishment Permit For New Beginnings |
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Center, Located At 4107 Broadway, Oakland, California |
14.3
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Subject: Kaiser Hospital Medical Center |
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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) A Resolution Amending The General Plan Land Use Designation For The Kaiser |
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Permanente Oakland Medical Center Campus From Various Designations To |
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Institutional; |
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2) An Agency Resolution Approving And Recommending Adoption Of An Amendment |
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To The Broadway/MacArthur/San Pablo Redevelopment Plan, Amending The Land Use |
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Designation For The Kaiser Permanente Oakland Medical Center Campus From Various |
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Designations To Institutional; |
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3) Approve The Introduction (First Reading) Of An Ordinance Adopting An Amendment |
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To The Broadway/MacArthur/San Pablo Redevelopment Plan, Amending The Land Use |
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Designation For The Kaiser Permanente Oakland Medical Center Campus From Various |
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Designations To Institutional; |
Final Passage (Second Reading) has been scheduled for July 18, 2006
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4) Approve The Introduction (First Reading) Of An Ordinance Adopting A New Kaiser |
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Permanente Oakland Medical Center (KX) Zone, Rezoning The Kaiser Permanente |
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Oakland Medical Center Campus From Various Designations To The New KX Zone |
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And Terminating The Previously Approved Contract Rezoning; And |
Final Passage (Second Reading) has been scheduled for July 18, 2006
5) A Resolution Adopting The Kaiser Permamente Oakland Medical Master Plan
14.4
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Subject: Inclusionary Housing Requirement |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
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Introduction (First Reading) Of An Ordinance Adding Chapter 17.109 To The Oakland |
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Planning Code To Establish An Inclusionary Housing Requirement And Establish Two |
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New Homeownership Programs For Oakland Teachers, Making Related Amendments To |
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The Oakland Planning Code, Amending Section 15.68.100 Of The Oakland Municipal |
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Code, And Amending The Master Fee Schedule To Establish An Inclusionary Housing |
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In-Lieu Fee; Or |
Final Passage (Second Reading) has been scheduled for July 18, 2006
S-14.4.1
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Subject: Inclusionary Housing Requirements - Ordinance Modifications |
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From: Councilmembers Jane Brunner, Jean Quan And President De La Fuente |
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Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding |
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Chapter 15.70 To The Oakland Municipal Code To Establish An Inclusionary Housing |
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Requirement And Establish Two New Homeownership Programs For Oakland Teachers, |
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Amending Section 15.68.100 Of The Oakland Municipal Code To Permit Affordable |
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Housing Trust Funds To Be Used To Administer And Enforce The Inclusionary Housing |
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Requirement, And Amending The Master Fee Schedule To Establish An Inclusionary |
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Housing In-Lieu Fee; And |
S-14.4.2
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Subject: Inclusionary Housing Requirement |
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Recommendation: Consideration Of A Motion To Add New Section 12; Renumber |
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Existing Section 12 To Section 13 To Read Section 12. This Ordinance Shall Not Apply |
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In Any Redevelopment Project Area Where More Than 75% Of The Land Within That |
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Redevelopment Project Area, As That Area Is Designated As Of The Date Of The |
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Adoption Of This Ordinance, Is Developed Pursuant To A Master Plan Of Development |
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That Satisfies The Affordable Housing Production Requirements Of Health And Safety |
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Code Section 33413 |
14.5
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Subject: Dissolution Of The Oakland Base Reuse Authority |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
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Following Pieces of Legislation: |
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1) An Agency Resolution Authorizing The Agency Administrator To Accept All Of The |
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Assets And Obligations Of The Oakland Base Reuse Authority (OBRA) And To Take |
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All Actions Necessary To Complete The Dissolution Of OBRA Including: |
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(1) Creation And Operation Of An Oakland Redevelopment Agency (Agency) Leasing |
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And Property Management Program At The Former Oakland Army Base; (2) |
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Assumption Of All Of The Rights And Obligations Of OBRA In The Agreements Listed |
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In Attachment A Hereto; (3) Acceptance And Appropriation Of OBRA's Proposed |
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Administrative Budget In An Amount Not To Exceed Three Million Two Hundred |
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Thousand Dollars ($3,200,000); (4) Acceptance And Appropriation Of Proposed |
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Operating Budget In An Amount Not To Exceed Eight Million Nine Hundred |
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Forty-Seven Thousand Five Hundred Dollars ($8,947,500); (5) Extension Of OBRA's |
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Security Services Contract With ABC Security Company For One Year In An Amount |
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Not To Exceed Two Hundred Twenty Thousand Dollars ($220,000); (6) Approval And |
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Execution Of A Letter Amendment To The Memorandum Of Agreement For Oakland |
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Army Base Dated July 8, 2003 (City-Port MOA) Regarding The Mitigation Monitoring |
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And Reporting Program At The Army Base, In An Amount Not To Exceed Six Hundred |
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Seventy-Eight Thousand Dollars ($678,000); (7) Approval And Execution Of A |
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Resource Management Agreement With The Port Of Oakland, In An Amount Not To |
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Exceed Three Hundred Thousand Dollars ($300,000); (8) Approval And Execution Of A |
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Utilities Operation Agreement With The Port Of Oakland, In An Amount Not To Exceed |
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Seven Hundred Twenty-Five Thousand Dollars ($725,000) Over A Two-Year Period; |
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And (9) Acceptance Of The Transfer Of $1,050,000, Of The Balance Of A $2,400,000 |
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Public Works Grant Awarded To OBRA By The United States Department Of |
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Commerce Economic Development Administration; And |
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2) A Resolution Authorizing The City Administrator To Take All Actions Necessary To |
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Complete The Dissolution Of The Oakland Base Reuse Authority (OBRA) Including: |
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(1) Creation And Budgeting Of A Reimbureable Clearing Fund; And |
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(2) Approval And Execution Of A Letter Amendment To The Memorandum Of |
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Agreement For Oakland Army Base Dated July 8, 2003 (City-Port MOA) Regarding The |
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Mitigation Monitoring And Reporting Program At The Army Base, In An Amount Not |
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To Exceed Six Hundred Seventy-Eight Thousand Dollars ($678,000) |
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This item will also be heard at the June 27, 2006 Community And |
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Economic Development Committee Meeting |
14.6
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Subject: Tree Removal Permit Appeal - 981 Grosvenor Place |
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From: Public Works Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
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Denying The Appeal Filed By Les And Linda Hausrath, Against The Decision Of The |
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Public Works Agency Approving The Issuance Of Tree Removal Permit DRO6-005 For |
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981 Grosvenor Place |
This item was rescheduled from the June 20, 2006 City Council Agenda
ACTION ON NON-CONSENT ITEMS:
15
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Subject: Municipal Boathouse Parking |
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From: Office Of The City Administrator |
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Recommendation: Action On A Report And Recommendations On The Municipal |
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Boathouse Parking Facilities And Restroom Building |
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1) Option 1 Compromise Design provides substantial lawn area adjacent to the multi-use |
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path, 28 spaces of on-site parking, which could be identified for use by the restaurant or |
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any other occupant of the Municipal Boathouse, provides efficient circulation and access |
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for service and delivery vehicles, and the restaurateur will accept this proposal; or |
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2) Option 2 Community Design does not provide adequate on-site parking, in terms of |
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quantity and operations, to ensure the success of the restaurant or any other occupant of |
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the Municipal Boathouse, circulation and access for trash collection is problematic, the |
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trash storage building would visible from the Camron-Stanford House, and the |
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restaurateur has said he will not accept this proposal; and |
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3) Delete the proposed restroom building from the Municipal Boathouse project because |
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the neighboring community and the restaurateur oppose the restroom, and a new |
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restroom building to be constructed under the 12th Street project will be about 900 feet |
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away |
16
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Subject: Time Zone Parking Citations |
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From: Office Of The City Auditor |
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Recommendation: Action On A Report Regarding Illegal Citations Issued For Time |
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Zone Parking On February 13, 2006, A City Holiday |
17
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Subject: Increase Councilmembers Salaries |
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From: Finance And Management Agency |
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Recommendation: Approve The Introduction (First Reading) Of An Ordinance |
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Amending The Salary Schedule Of Ordinance Number 12187 C.M.S. (The Salary |
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Ordinance) To Increase The Salaries Of City Councilmembers By 4% Pursuant To the |
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Recommendation Of The Public Ethics Commission |
Final Passage (Second Reading) has been scheduled for July 18, 2006
18
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From: Finance And Management Agency |
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Recommendtion: Approve The Introduction (First Reading) Of An Ordinance Amending |
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Oakland Municipal Code Chapter 10.28 To Adopt Section 10.28.180 To Define And |
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Clarify Parking Prohibitions For Street Sweeping |
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This item will also be heard at the June 27, 2006 Public Works Committee |
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Meeting |
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Final Passage (Second Reading) has been scheduled for July 18, 2006 |
19
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Subject: Telecommunications Facilities Permit Moratorium |
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From: Councilmembers Nadel And Reid |
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Recommendation: Approve The Introduction and Final Passage Of An Urgency |
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Ordinance, Pursuant To Government Code Section 65858, By The City Of Oakland, |
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Establishing A Temporary Moratorium On The Approval Of Applications To Construct, |
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Modify Or Place Wireless Communication Facilities |
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Pursuant to California Government Code Section 65858, Introduction and |
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adoption of this ordinance requires a vote of 4/5 of the members (7 |
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Affirmative Votes). This ordinance is introduced and adopted at the same |
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meeting and it is in effect immediately for a 45 day period upon adoption. |
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This item will also be heard at the June 27, 2006 Community And |
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Economic Development Committee Meeting |
20
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Subject: Parks And Recreation Advisory Commission Appointment |
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From: Councilmember Brunner |
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Recommendation: Adopt A Resolution Appointing Howard Matis As A Member Of The |
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Parks And Recreation Advisory Commission |
21
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Subject: Police And Fire Retirement Board - Appointment |
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From: Office Of The Mayor |
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Recommendation: Adopt A Resolution Reappointing Jaime Godfrey And Appointing |
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Ken Bullock As Members Of The Police And Fire Retirement Board |
22
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Subject: Oakland Municipal Employees' Retirement System Board - Appointment |
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From: Office Of The Mayor |
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Recommendation: Adopt A Resolution Reappointing Henry Cotten And Carl Gilmore |
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As Members Of The Oakland Municipal Employees' Retirement System Board |
23
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Subject: Business Tax Board Of Review Appointment |
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From: Office Of The Mayor |
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A Resolution Appointing Maurilio Leon As A Member Of The Business Tax Board Of |
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Review |
24
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Subject: Planning Commission Appointment |
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From: Office Of The Mayor |
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Recommendation: Adopt A Resolution Reappointing Anne Mudge As A Member Of |
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The Planning Commission |
S-25
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Subject: Shot Spotter Lease Agreement |
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From: Oakland Police Department |
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Recommendation: Adopt A Resolution Waiving The Competitive Bid Process And |
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Local/Small Business Enterprise Program, And Authorizing The City Administrator To |
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Enter Into A One (1) Year Lease Agreement For A Gun Shot Location Technology |
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System With ShotSpotter, Inc. In An Amount Not-To-Exceed Two Hundred Eighty |
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Eight Thousand Five Hundred Nine Dollars ($288,509.00) |
Continuation of Open Forum
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ADJOURNMENT OF COUNCIL SESSION |
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(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
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Council) |
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THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR |
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OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO |
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ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. |
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Agency Secretary/City Clerk |
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*In the event a quorum of the City Council participates on this Committee, the meeting is |
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noticed as a Special Meeting of the City Council; however, no final City Council action |
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can be taken. |
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ORA - Oakland Redevelopment Agency |
