|
Oakland, California 94612 |
|
Concurrent Meeting of the |
|
Oakland Redevelopment |
|
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
|
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, October 05, 2004
|
CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
|
Council with unanimous recommendation for approval and is not controversial, and does not have |
|
a high level of public interest as determined by the Rules Committee. |
|
NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
|
Council without unanimous recommendation for approval, or having a high level of public |
|
interest, or is controversial as determined by the Rules Committee. |
|
ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
|
official vote and approval of the City Council to be effective. |
|
INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
|
does not require or permit Council action. |
1
Pledge of Allegiance
2
|
Roll Call / ORA & Council |
|
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 Concurrent Meeting of the Oakland |
|
Redevelopment Agency/City Council held on September 21, 2004 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
|
Subject: Joyce Lopes - Service Recognition |
|
Recommendation: Adopt a Resolution honoring Joyce Marie Lopes for twenty years of |
|
distinguished service to the City of Oakland |
8.2
|
Subject: Jeanne Godwin - Service Recognition |
|
Recommendation: Adopt a Resolution honoring Jeanne Godwin on her retirement from |
|
the City Council Office, City of Oakland |
8.3
|
Subject: United Nations Month - October 2004 |
|
From: Councilmember Nadel |
|
Recommendation: Adopt a Resolution declaring October 2004 United Nations Month in |
|
the City of Oakland |
8.4
|
Subject: Farideh (Fifi) Tebbe - Service Recognition |
|
From: Community And Economic Development Agency |
|
Recommendation: Adopt a Resolution commending Farideh (Fifi) Tebbe for 20 Years Of |
|
dedicated service |
8.5
|
Subject: National League of California Cities |
|
From: Office of the City Attorney/Concilmember Quan |
|
Recommendation: A Presentation and adoption of a Resolution in support of the |
|
National League of California Cities, the American Dream Campaign "Divided We Fall: |
|
Inequity and Future of America's Cities and Towns" (5 Minutes) |
8.6
|
Subject: Gilda Gonzales - Service Recognition |
|
From: City Administrator, Deborah Edgerly |
|
Recommendation: A Mayoral Proclamation and acknowledging Gilda Gonzales for 13 |
|
Years of dedicated service to the City of Oakland |
|
This item was withdrawn and rescheduled to the Ocober 19, 2004 City |
|
Council agenda |
|
ADDITIONAL ITEMS ARE CONTINUED ON THE FOLLOWING |
|
PAGES |
S-8.7
|
Subject: Domestic Violence Awareness Month |
|
Recommendation: A ten minute Presentation and Adoption of a Resolution proclaiming |
|
October Domestic Violence Awareness Month in the City of Oakland |
|
Pursuant to Section Section 2.20.080(E)2 of the Sunshine Ordinance an |
|
urgency finding was made at the September 30, 2004 Rules and Legislation |
|
Committee to place this item on the agenda for the following reasons: That |
|
there is a need to take immediate action which came to the attention of the |
|
local body after the agenda was posted, and that the need to take |
|
immediate action relates to a purely ceremonial or commendatory action. |
|
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
|
the Sunshine Ordinance requiring a 2/3 majority vote. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
|
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 |
10.2CC
|
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 |
10.3CC
|
Subject: Wayne Johnson - 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 Wayne Johnson, et al. v. City of Oakland, et al., |
|
United States District Court No. C-03-0162-Edl, our file no. X01795, in the amount of |
|
$25,000.00 (Oakland Police Department – Unlawful Search) |
|
Council discussed this item in Closed Session on September 21, 2004. |
|
Motion authorizing settlement passed with 6 Ayes, 1 No- De La Fuente, 1 |
|
Excused - Quan |
10.4CC
|
Subject: Fredrick Pruitt - 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 Fredrick Pruitt v. City of Oakland, et al., United States |
|
District Court Case No. C-03-3299 MJJ, our file no. 22984, in the amount of $52,500.00. |
|
This case involves claims of violations of Civil Rights against Oakland Police Officers. |
|
(Oakland Police Department - Police Conduct) |
|
Council discussed this item in Closed Session on September 21, 2004. |
|
Motion authorizing settlement passed with 7 Ayes, 1 Excused - Quan |
10.5CC
|
Subject: Wayne Nelson - 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 Wayne Nelson v. City of Oakland, et al., United States |
|
District Court no. C-02-5325-WDB, our file no. 22491, in the amount of $40,000.00 |
|
(Oakland Police Department - Excessive Force) |
|
Council discussed this item in Closed Session on September 21, 2004. |
|
Motion authorizing settlement passed with 5 Ayes, 2 Noes - Brunner, De La |
|
Fuente, 1 Excused - Quan |
10.6CC
|
Subject: Laurence and Karen Russo - 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 Laurence and Karen Russo in the amount of |
|
$14,875.00, as a result of property damages sustained when a broken sewer main caused |
|
the garage foundation to collapse (Public Works Agency) |
This item was not heard in Closed Session
10.7CC
|
Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry E. Reid |
|
From: Councilmembers Nadel and Reid |
|
Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel and |
|
Larry E. Reid's travel to Indianapolis, IN from Nov. 30 - Dec. 4 for the National League |
|
of Cities Conference |
10.8CC
|
Subject: Board of the Association of Bay Area Governments (ABAG) |
|
From: Council President Ignacio De La Fuente |
|
Recommendation: Adopt a Resolution re-appointing Councilmembers Jane Brunner, |
|
Nancy Nadel, and Jean Quan to the Board of the Association of Bay Area Governments |
|
(ABAG) for a new two-year term commencing on July 1, 2004 and ending on June 30, |
|
2006 |
S-10.9CC
|
Subject: Issuance of Sewer Revenue Bonds |
|
From: Finance and Management Agency |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance adding |
|
Chapter 4.50 to Title 4 of the Oakland Municipal Code setting forth powers and |
|
procedures for the issuance of sewer revenue bonds for the purpose of financing and |
|
refinancing sewer system improvements; and setting forth definitions, general provisions, |
|
general powers, issuance procedures and certain supplemental provisions relating to the |
|
issuance of such bonds, including establishment of a Rate Stabilization Fund |
Final Passage (Second Reading) has been scheduled for October 19, 2004.
|
2) A Resolution of the City Council of the City of Oakland approving the issuance of not |
|
to exceed $70,000,000 aggregate principal amount of City of Oakland Sewer Revenue |
|
Bonds 2004 Series A to finance the construction and installation of certain improvements |
|
to the City's sewer system; authorizing execution and delivery of a master indenture and |
|
a first supplemental indenture; approving the form of an official notice of sale and an |
|
official statement; and authorizing the execution of documents and the taking of all |
|
necessary actions relating thereto |
|
The September 28, 2004 Finance and Management Committee approved |
|
recommendations; 4 Ayes |
S-10.10CC
|
Subject: Oakland Municipal Employees Retirement System |
|
From: Finance and Management Agency |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
|
Section 14.8 of Ordinance No. 713 C.M.S to provide a $75.00 monthly increase to |
|
Oakland Municipal Employees Retirement System (OMERS) retirees and $37.50 |
|
monthly increase to OMERS beneficiaries |
|
The September 28, 2004 Finance and Management Committee approved |
|
recommendations; 3 Ayes, 1 Abstain - Wan |
|
Final Passage (Second Reading) has been scheduled for October 19, 2004 |
S-10.11CC
|
Subject: Performance Audit of Lien Sales for Towed Vehicles |
|
From: Office of the City Auditor |
|
Recommendation: Action on an Interim Report on Performance Audit of Lien Sales of |
|
vehicles that were towed pursuant to the contract between the City of Oakland and the |
|
Oakland Tow Car Association |
|
The September 28, 2004 Finance and Management Committee approved |
|
recomendations; 4 Ayes |
S-10.12CC
|
Subject: Commercial Facade Improvement |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt an Agency Resolution reallocating $400,358 from the |
|
Downtown Business Briefing Center to the Downtown Tenant Improvement Program |
|
and Facade Improvement Program and authorizing the Agency Administrator to |
|
negotiate and execute all design contracts for the Commercial Facade Improvement and |
|
Tenant Improvement Programs without returning to the Agency |
|
The September 28, 2004 Community and Economic Development |
|
Committee approved recommendations; 4 Ayes |
S-10.13CC
|
Subject: Job Training Performance Standards |
|
From: Community and Economic Development Agency |
|
Recommendation: Action on a Report on the Job Training Performance Standards of |
|
City-funded Workforce Development Programs |
|
The September 28, 2004 Community and Economic Development |
|
Committee approved and forwarded this item; 4 Ayes |
S-10.14CC
|
Subject: Union Point Park Project |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
|
appropriate a contribution of $300,000 from the Port of Oakland for the development of |
|
the Union Point Park Project (C196810); and to amend the project management contract |
|
with Spanish Speaking Unity Council to reflect the increased total project budget from |
|
$8,674,000 to $8,974,000 |
|
The September 28, 2004 Life Enrichment Committee approved |
S-10.15CC
|
Subject: Raiders Surcharge Expenditures |
|
From: Office of Parks and Recreation |
|
Recommendation: Action on a Report regarding prioritization criteria for use of Raiders |
|
Surcharge Funds and recommendation of expend $164,740.65 from the Raiders |
|
Surcharge for renovation of Golden Gate/Bob Mason Field |
|
The September 28, 2004 Life Enrichment Committee approved |
|
recommendations; 4 Ayes |
S-10.16CC
|
Subject: Children and Youth Wait-Listed Non-Profit Agencies |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate |
|
and execute professional service contracts between the City of Oakland and Oakland |
|
Fund for Children and Youth wait-listed non-profit agencies to provide direct services |
|
for Children and Youth for Fiscal Year 2005 in an amount not to exceed $ 562,547 |
|
The September 28, 2004 Life Enrichment Committee approved |
|
recommendations; 3 Ayes, 1 Abstain - Brunner |
S-10.17CC
|
Subject: Senior Companion Program |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
|
appropriate grant funds from the City of Berkeley in the amount estimated at $14,825 |
|
and the Alameda County Area Agency on Aging in the amount estimated at $40,289 for |
|
the Senior Companion Program for the Fiscal Year 2004-2005 |
|
The September 28, 2004 Life Enrichment Committee approved |
|
recommendations; 4 Ayes |
S-10.18CC
|
Subject: Children's Bicycle Safety Program |
|
From: Oakland Parks and Recreation |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
|
accept and appropriate grant funds from the State of California Office of Traffic Safety in |
|
an amount not to exceed one hundred twenty thousand dollars ($120,000) for the |
|
expansion of the Children's Bicycle Safety Program |
|
The September 28, 2004 Public Safety Committee approved |
|
recommendations; 3 Ayes, 1 Excused - Brooks |
S-10.19CC
|
Subject: "Bulletproof Vest Partnership" Grant Funding |
|
From: Oakland Police Department |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to accept five |
|
thousand ten dollars and forty-one cents ($5,010.41) in "Bulletproof Vest Partnership" |
|
grant funding from the United States Department of Justice, Bureau of Justice |
|
Assistance, and appropriate said funds to the Police Department |
|
The September 28, 2004 Public Safety Committee approved |
|
recommendations; 3 Ayes, 1 Excused - Brooks |
S-10.20CC
|
Subject: State of California Department of Boating and Water |
|
From: Oakland Parks and Recreation |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
|
accept and appropriate grant funds from the State of California Department of Boating |
|
and Waterways in the amount of sixteen thousand six hundred and fifteen dollars |
|
($16,615) for boating equipment for the Lake Merritt Boating Center and promotion of |
|
Boating Safety Education |
|
The September 28, 2004 Public Safety Committee approved |
|
recommendations; 3 Ayes, 1 Excused - Brooks |
S-10.21CC
|
Subject: Workforce Investment Areas |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt a Resolution supporting the City of Oakland's continued |
|
designation as a Workforce Investment Area and opposing California Performance |
|
Review Section GG23, a recommendation to realign and consolidate Workforce |
|
Investment Areas and Boards |
|
The September 30, 2004 Rules and Legislation Committee approved |
|
recommendations; 3 Ayes, 1 Excused - Reid |
11
|
An oral report from the Agency Counsel / City Attorney of final decisions made during |
|
Closed Session |
12
|
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 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:
14.1
|
Subject: Check Cashiers and Check Cashing Businesses - Public Hearing |
|
From: Community and Economic Development Agency |
|
Recommendation: Conduct a Public Hearing and upon conclusion approve the |
|
Introduction (First Reading) of an Ordinance amending the Oakland Planning Code to |
|
add a new use classification and amend related code sections to regulate check cashiers |
|
and or check cashing businesses and limiting where such activities may be permitted |
|
(Vice Mayor Chang, City-wide) |
|
This item was withdrawn and rescheduled at the September 16, 2004 Rules |
|
and Legislation Committee |
ACTION ON NON-CONSENT ITEMS:
15
|
Subject: Nuisance Abatement Liens and Costs |
|
From: Community and Economic Development Agency |
|
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
|
amending Oakland Municipal Code Sections 15.08.130, 1.08.040, 1.12.040 and 1.16.040 |
|
to authorize foreclosure proceedings to collect nuisance abatement liens and costs, and |
|
amending Oakland Municipal Code 1.08.060 to increase the maximum annual |
|
cumulative civil penalties from $250,000 to $365,000. |
|
Introduction (First Reading) was approved September 21, 2004; Vote |
|
count - 6 Ayes, 1 No - Brooks, 1 Excused - Quan |
16
|
Subject: Appointments to the Commission on Aging |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution re-appointing Bobbie Bond, Ronald Chan, and |
|
Stanley Garcia as members of the Commission on Aging |
17
|
Subject: Appointment to the Citizen's Police Review Board |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution appointing Tim Wan as a member of |
|
the Citizen's Police Review Board |
18
|
Subject: Appointments to the Oakland Museum of California Foundation Board |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution confirming Penelope Wong and Laurence G. O' |
|
Neil as trustees of the Oakland Museum of California Foundation Board. |
19
|
Subject: Appointment to the Alameda Cnty Mosquito Abatement Dist. Bd. of Trustees |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution appointing Stuart Flashman as a member of the |
|
Alameda County Mosquito Abatement District Board of Trustees |
20
|
Subject: Appointment to the Planning and Oversight Committee |
|
From: Councilmember Nadel |
|
Recommendation: Adopt a Resolution re-appointing Jumoke Hinton Hodge to the Kids |
|
First! Planning and Oversight Committee |
21
|
Subject: Appointment to the Budget Advisory Committee |
|
From: Councilmember Nadel |
|
Recommendation: Adopt a Resolution appointing Maeve Elise Brown to the Budget |
|
Advisory Committee |
ADDITIONAL AGENDA ITEMS ARE CONTINUED ON THE FOLLOWING PAGE
S-22
|
Subject: MacArthur Boulevard Utility Undergrounding |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing award of a construction contract to the |
|
responsible low bidder, Underground Construction Company, Inc., in an amount not to |
|
exceed $9,282,964.45 for construction of Underground Utility District No. 233, on |
|
MacArthur Boulevard (from 73rd Avenue to the San Leandro City line) using $1,673,022 |
|
in City of Oakland funds out of a budget of $2,000,000 for the project and payments |
|
from PG&E, SBC, and Comcast totaling $7,609,942, subject to certain conditions |
|
This item was previously noticed on the September 28, 2004 Public Works |
|
Committee agenda. Due to a lack of quorum, no formal action was taken |
|
pursuant to Resolution number 78307, Rule 27. At the Rules and |
|
Legislation Committee meeting of Thursday, September 30, 2004 an |
|
Urgency Finding was made to place this item on the October 5, 2004 City |
|
Council agenda due to the determination that substantial adverse impact |
|
could result if deferred to a subsequent meeting. |
|
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
|
the Sunshine Ordinance requiring a 2/3 majority vote. |
S-23
|
Subject: New Market Tax Credit |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt the following pieces of legislation: |
|
1) A Resolution authorizing the City of Oakland to apply for an allocation of New |
|
Market Tax Credits as strong affiliatee of Oakland Renaissance NMTC, Inc. |
|
2) An Agency Resolution authorizing the Redevelopment Agency to apply for an |
|
allocation of New Market Tax Credits as a strong affiliate of Oakland Renaissance |
|
NMTC, Inc |
|
The September 28, 2004 Community and Economic Development |
|
Committee approved recommendations; 3 Ayes, 1 Abstain - Brunner |
Continuation of Open Forum
|
ADJOURNMENT OF COUNCIL SESSION |
|
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
|
Council) |
|
Americans With Disabilities Act |
|
If you need special assistance to participate in Oakland City Council and Committee |
|
meetings please contact the Office of the City Clerk. When possible, please notify the |
|
City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to |
|
ensure accessibility. Also, in compliance with Oakland's policy for people with |
|
environmental illness or multiple chemical sensitivities, please refrain from wearing |
|
strongly scented products to meetings. |
|
Recorded Agenda: (510) 238-2386 |
|
Telecommunications Display Device: (510) 839-6451 |
|
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY |
|
MATERIAL ON OR OVER THE GALLERY BANNISTERS IS |
|
STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF |
|
THOSE ATTENDING MEETINGS. |
|
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 |
