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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
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Concurrent Meeting of the |
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Oakland Redevelopment |
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Agency/City Council/Joint Powers |
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Financing Authority |
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 |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, October 31, 2006
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CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
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Council with unanimous recommendation for approval and is not controversial, and does not have |
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a high level of public interest as determined by the Rules Committee. These items are heard on the |
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6:00 P.M. portion of the agenda. |
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NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
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Council without unanimous recommendation for approval, or having a high level of public |
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interest, or is controversial as determined by the Rules Committee. These items are heard on the |
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7:00 P.M. portion of the agenda. |
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ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
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official vote and approval of the City Council to be effective. |
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INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
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does not require or permit Council action. |
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. 5 |
3
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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) |
6
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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. |
7
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Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council held on October 17, 2006 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: America Recycles Day |
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From: Vice Mayor Jean Quan |
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Recommendation: Adopt A Resolution Proclaiming Wednesday November 15, 2006, As |
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America Recycles Day In The City Of Oakland |
8.2
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Subject: Recognition Of James Mahoney |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Honoring James (Jim) W. Mahoney For Thirty |
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Three Years Of Distinguished Service To The Citizens Of The City Of Oakland And |
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Congratulating Him On His Retirement |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
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 |
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Crisis With Regard To The AIDS Epidemic |
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 |
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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 |
10.3-CC
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Subject: Mercury Insurance - Settlement |
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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 Mercury Insurance Company As Subrogee For |
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Devon And Dennis Chaconas In The Amount Of $8,869.21 As A Result Of A Vehicle |
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Collision Involving A City Vehicle (PWA) |
This item was not heard in Closed Session
10.4-CC
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Subject: John Yue Wu - Settlement |
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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 John Yue Wu In The Amount Of $6,500 As A |
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Result Of A Collision Involving A City Vehicle (PWA) |
This item was not heard in Closed Session
10.5-CC
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Subject: Laverne Mainer - Settlement |
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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 Laverne Mainer v. City Of Oakland, Et Al., |
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Superior Court, County Of Alameda, Case No. RG04152626, In The Amount Of |
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$15,000.00 As A Result Of A Trip And Fall Accident In The Vicinity Of San Leandro |
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Street Near 71st Avenue, Oakland, August 15, 2003 (Public Works Agency - Trip And |
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Fall Accident) |
This item was not heard in Closed Session
10.6-CC
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Subject: Darryl Walker - Settlement |
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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 Darryl Walker And Lisa Walker V. City Of |
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Oakland, Alameda County Superior Court No. RG04150452, Our File No. 23715, In The |
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Amount Of $21,000.00 (Oakland Police Department - Motor Vehicle Accident) |
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Council discussed this item in Closed Session on October 17, 2006. Motion |
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authorizing settlement passed with 8 Ayes |
10.7
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Subject: Steve Frasier - Settlement |
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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 Steve Frasier V. City Of Oakland, Alameda County |
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Superior Court Case No. RG03-080150, Our File No. 21814 In The Amount Of |
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$35,000.00. This Case Involves Allegations That The City Failed To Amend Its Parking |
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Meter Ordinance (Public Works Agency) |
This item was not heard in Closed Session
10.8-CC
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Subject: Jacqueline Jackson - Settlement |
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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 Jacqueline Jackson V. City Of Oakland, Et. Al., |
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Alameda County Superior Court, Case No. RG05206956, In The Amount Of $80,000.00 |
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(Public Works Agency) |
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Council discussed this item in Closed Session on October 17, 2006. Motion |
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authorizing settlement passed with 7 Ayes, 1 Absent - Brunner |
10.9-CC
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Subject: McMath And Shavers - Settlement |
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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 Milton McMath And Dedrick Shavers V. City Of |
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Oakland, Et. Al., United States District Court Case No. C-05-03111 EDL, Our File No. |
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24423 For A Total Amount Of $50,000.00 This Case Involves Allegations Of Excessive |
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Force Against Plaintiffs By Oakland Police Officers (Oakland Police Department) |
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Council discussed this item in Closed Session on October 17, 2006. Motion |
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authorizing settlement passed with 5 Ayes, 1 No - De La Fuente, 1 Absent - |
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Reid, 1 Abstention - Brunner |
10.10-CC
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Subject: Active Network Contract |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Waive |
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The City's Competitve Bidding And Award Process, Authorize A Solicitation Of |
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Proposals Process And Negotiation of A Contract With Active Network, In An Amount |
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Not-To-Exceed $250,000.00 To Purchase An Enterprise Point-Of-Sale (POS) System |
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Which Will Automate The Cash Handling Process Within The City Of Oakland (TITLE |
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CHANGE) |
This item was rescheduled from the October 17, 2006 City Council agenda
10.11-CC
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Subject: 2006 DNA Capacity Enhancement Grant |
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From: Oakland Police Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf |
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Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not |
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To Exceed One Hundred Thirty-Six Thousand Eight Hundred Twenty-Five Dollars |
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($136,825) From The U.S. Department Of Justice, National Institute Of Justice, |
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(USDOJ/NIJ) For Implementation Of The 2006 DNA Capacity Enhancement Grant |
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Program In The Police Department (Title Change) |
10.12-CC
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Subject: Travel Authorization For Vice Mayor Quan And Councilmember Reid |
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Recommendation: Adopt A Resolution Authorizing Vice Mayor Jean Quan And |
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Councilmember Larry Reid To Travel To Reno, Nevada To Attend The National League |
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Of Cities 83rd Congress Of Cities And Exposition, December 5-9, 2006 |
10.13-CC
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Subject: Priority Project Funds - District Three |
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From: Councilmember Nadel |
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Recommendation: Adopt A Resolution Authorizing Immediate Allocation of $100,000 |
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Of Councilmember Nancy J. Nadel's Priority Project Funds To Mandela Foods |
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Cooperative For Tenant/Building Improvements |
10.14-CC
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Subject: Three New Housing And Business Mix Zoning Designations |
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From: Community And Economic Development Agency |
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Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance To |
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Adopt 1) Adopting Amendments To The Zoning Regulations That Create Three New |
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Housing And Business Mix (HBX) Zoning Designations; 2) Adopting A Design |
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Guidelines Manual Associated With The New HBX Zoning Designations; 3) Amending |
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The Zoning Maps To Include The New HBX Zones; And 4) Amending The Document |
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"Guidelines For Determining Project Conformity With The General Plan And Zoning |
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Regulations" To Reflect The New Zones (TITLE CHANGE) |
Introduction (First Reading) was approved on October 17, 2006; 8 Ayes
10.15-CC
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Subject: Parking Violation Penalties |
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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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Amending Oakland Municipal Code Chapter 10.48 "Parking Fines" To Add Section |
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10.48.030 Authorizing A Fee For The Collection Of Delinquent Penalty Payments And |
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Amending Ordinance No. 12676 C.M.S., The Master Fee Schedule, To Add Special |
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Costs Of Collecting Parking Violation Penalties Fees |
Introduction (First Reading) was approved on October 17, 2006: 8 Ayes
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Subject: 330 13th Street LLC - Revocable And Conditional Permits |
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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 Granting 330 13th Street LLC A Revocable And Conditional Permit To |
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Allow An Existing Basement For A Building At 330 13th Street To Encroach Under The |
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Public Sidewalk |
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2) A Resolution Granting 330 13th Street LLC A Revocable And Conditional Permit To |
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Allow An Electrical Transformer And Vault For A Building At 330 13th Street To |
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Encroach Under The Public Sidewalk |
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The October 24, 2006 Public Works Commitee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Subject: 1615 Broadway - Revocable And Conditional Permits |
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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 Granting Oakland Cathedral Building LLC A Revocable And |
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Conditional Permit To Allow An Existing Basement For A Building At 1615 Broadway |
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To Encroach Under The Public Sidewalk Along Broadway and Telegraph Avenue |
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2) A Resolution Granting Oakland Cathedral Building LLC A Revocable And |
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Conditional Permit To Allow A Seismic Retrofit Structural System For A Building At |
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1615 Broadway To Encroach Under The Public Sidewalk Along Broadway And |
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Telegraph Avenue |
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The October 24, 2006 Public Works Commitee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Subject: 4301 Keller Avenue - Revocable And Conditional Permits |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Hillside Homes Group, Inc., A |
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Revocable And Conditional Permit To Allow A Retaining Wall And Emergency Egress |
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Stairs To Encroach Into The Public Right-Of-Way At 4301 Keller Avenue For The Siena |
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Hill Subdivision |
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The October 24, 2006 Public Works Commitee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Subject: 5940 Racine Street - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting The Bravo Family Trust and Danon |
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Living Trust A Revocable And Conditional Permit To Allow The Encroachment Of An |
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Existing Two-Family Residence At 5940 Racine To Remain In The Public |
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Right-Of-Way |
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The October 24, 2006 Public Works Commitee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Subject: 1630 San Pablo Avenue - Revocable And Conditional Permits |
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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 Granting Rotunda Garage LP A Revocable And Conditional Permit To |
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Allow A Vault And An Electrical Transformer For A Proposed Building At 1630 San |
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Pablo Avenue To Encroach Under The Public Sidewalk Along San Pablo Avenue |
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2) A Resolution Granting Rotunda Garage LP A Revocable And Conditional Permit To |
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Allow A Portion Of The Upper Floors Of A Proposed Building At 1630 San Pablo |
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Avenue To Encroach Over The Public Sidewalk Along 17th Street And San Pablo |
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Avenue |
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The October 24, 2006 Public Works Commitee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Subject: 6501 San Pablo Avenue - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Tri City Lofts LLC A Revocable And |
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Conditional Permit To Allow An Electrical Transformer And Vault For A New Building |
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At 6501 San Pablo Avenue To Encroach Under The Public Sidewalk Along 65th Street |
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The October 24, 2006 Public Works Commitee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Subject: Salary Ordinance Amendment |
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From: Finance and Management Agency |
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Recommendation: Adopt Approve The Introduction (First Reading) Of An Ordinance |
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Amending The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To: |
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Add The Permanent Full Time Equivalent Classifications Of Deputy Director Of Police |
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(Non-Sworn) And Grants Coordinator; Amend The Titles Of The Full Time |
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Classifications Complex Manager And Assistant Complex Manager To |
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Facilities/Complex Manager, And Assistant Facilities/Complex Manager Respectively; |
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And To Amend The Effective Date Of The Salary Increase To The Full Time Equivalent |
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Classification, Concrete Finisher From May 30, 2006 To February 4, 2006 |
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The October 24, 2006 Finance and Management Committee approved |
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recommendations; 3 Ayes, 1 Excused - Quan |
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Final Passage (Second Reading) has been scheduled for December 5, 2006 |
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Subject: West Oakland Redevelopment Project - Project Committee Extension |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing A One Year Extension Of The |
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Project Area Committee For The West Oakland Redevelopment Project To November |
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18, 2007 |
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The October 24, 2006 Community and Economic Development Commiittee |
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approved recommendations; 4 Ayes |
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Subject: Metropolitan Transportation Commission Grant |
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From: Director, Community & Economic Development |
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Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To |
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Accept A Grant In The Amount Of $1,900,000.00 From The Metropolitan |
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Transportation Commission-Federal Surface Transportation Program (STP) And/Or |
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Congestion Management And Air Quality Improvements (CMAQ)Program For The |
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West Oakland Transit Village Streetscape Project, 2) Appropriating The Grant; 3) |
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Stating The Assurance Of The City Of Oakland To Complete The Project If Funded, and |
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4) Authorizing A Local Match In The Amount Of $380,000.00 |
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The October 24, 2006 Community and Economic Development Committee |
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approved recommendations as amended to revise the resolution to include |
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the West Oakland redevelopment fund figures; 4 Ayes |
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Subject: Metropolitan Transportation Commission Grant |
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Recommendation: Receive An Informational Report On A Resolution 1) Authorizing |
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The City Administrator To Accept A Grant In The Amount Of $1,900,000.00 From The |
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Metropolitan Transportation Commission-Federal Surface Transportation Program (STP) |
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And/Or Congestion Management And Air Quality Improvements (CMAQ)Program For |
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The West Oakland Transit Village Streetscape Project, 2) Appropriating The Grant; 3) |
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Stating The Assurance Of The City Of Oakland To Complete The Project If Funded, and |
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4) Authorizing A Local Match In The Amount Of $380,000.00 |
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: Central City East And The Oak Knoll Redevelopment Plans Merger |
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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 Approving And Recommending Adoption Of The Second |
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Amendment To The Oak Knoll Redevelopment Plan To (1) Merge The Oak Knoll |
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Redevelopment Project Area With The Central City East Redevelopment Project Area |
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For Fiscal Purposes, (2) Merge The Affordable Housing Production Requirements For |
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The Two Project Areas Subject To Limitations And Conditions, (3) Raise The Limits On |
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Receipt Of Tax Increment Revenues And Bonded Indebtedness, (4) Replace The Land |
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Use Map With The Current General Plan Land Use Map, (5) Expand The List Of |
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Authorized Public Improvements, and (6) Make Other Text Changes; And |
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2) Approve The Introduction (First Reading) Of An Ordinance Adopting The Third |
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Amendment To The Central City East Redevelopment Plan To (1) Merge The Central |
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City East Redevelopment Project Area With The Oak Knoll Redevelopment Project Area |
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For Fiscal Purposes, And (2) Merge The Affordable Housing Production Requirements |
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For The Two Project Areas Subject To Limitations And Conditions; And |
Final Passage (Second Reading) has been scheduled for December 5, 2006
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3) An Agency Resolution Approving And Recommending Adoption Of The Third |
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Amendment To The Central City East Redevelopment Plan To (1) Merge The Central |
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City East Redevelopment Project Area With The Oak Knoll Redevelopment Project Area |
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For Fiscal Purposes, And (2) Merge The Affordable Housing Production Requirements |
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For The Two Project Areas Subject To Limitations And Conditions; And |
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4) Approve The Introduction (First Reading) Of An Ordinance Adopting The Second |
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Amendment To The Oak Knoll Redevelopment Plan To (1) Merge The Oak Knoll |
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Redevelopment Project Area With The Central City East Redevelopment Project Area |
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For Fiscal Purposes, (2) Merge The Affordable Housing Production Requirements For |
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The Two Project Areas Subject To Limitations And Conditions, (3) Raise The Limits On |
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Receipt Of Tax Increment Revenues And Bonded Indebtedness, (4) Replace The Land |
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Use Map With The Current General Plan Land Use Map, (5) Expand The List Of |
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Authorized Public Improvements, And (6) Make Other Text Changes; And |
Final Passage (Second Reading) has been scheduled for December 5, 2006
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5) An Agency Resolution Adopting The 2006-2007 To 2010-2011 Implementation Plan |
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For The Oak Knoll Redevelopment Project |
14.2
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Subject: Mixed-Use Development Appeal - 4700 Telegraph Avenue |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A |
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Resolution Denying The Appeal And Sustaining The Decision Of The Planning |
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Commission Approving Construction Of A New Mixed-Use Development Consisting |
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Of 51 Residential Units And 5,000 Square Feet Of Commercial Space Located at 4700 |
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Telegraph Avenue (Case File Number(s) A06-379; CMDV06-188; & TPM9164 |
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This item was removed at the direction of the October 26, 2006 Rules and |
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Legislation Committee |
14.3
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Subject: Levying The Rockridge Business Improvement District Annual Assessment |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
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Confirming The Annual Report Of The Rockridge Business Improvement District |
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Advisory Board And Levying The Annual Assessment For The Rockridge Business |
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Improvement District For Fiscal Year 2007/2008 |
14.4
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Subject: Levying The Montclair Business Improvement District Annual Assessment |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
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Confirming The Annual Report Of The Montclair Business Improvement District |
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Advisory Board And Levying The Annual Assessment For The Montclair Business |
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Improvement District For Fiscal Year 2007/2008 |
14.5
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Subject: Sale Of Real Property At 3860 Martin Luther King Jr. Way |
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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) A Resolution Approving The Sale Of Real Property Located At 3860 Martin Luther |
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King, Jr. Way By The Redevelopment Agency To Cotter And Coyle, LLC For |
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$1,060,000 For The Development Of A 34-Unit Condominium Project; And |
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2) An Agency Resolution Authorizing The Sale Of Real Property Located At 3860 |
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Martin Luther King, Jr. Way To Cotter And Coyle, LLC For $1,060,000 For The |
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Development Of A 34-Unit Condominium Project, And Authorizing A Disposition And |
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Development Agreement For The Project |
14.6
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Subject: Metropolitan Transportation Commission Grant |
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From: Director, Community & Economic Development |
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Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To |
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Accept A Grant In The Amount Of $1,900,000.00 From The Metropolitan |
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Transportation Commission-Federal Surface Transportation Program (STP) And/Or |
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Congestion Management And Air Quality Improvements (CMAQ)Program For The |
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West Oakland Transit Village Streetscape Project, 2) Appropriating The Grant; 3) |
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Stating The Assurance Of The City Of Oakland To Complete The Project If Funded, and |
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4) Authorizing A Local Match In The Amount Of $380,000.00 |
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This item was moved to the Consent Calendar at the October 24, 2006 |
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Rules and Legislation Committee and does not require a public hearing |
S-14.7
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Subject: Fox Oakland Theater - Agreement Amendments |
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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 Amendments To The Disposition And |
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Development Agreement (DDA) Between The Agency And Fox Oakland Theater, Inc. |
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(FOT), A Non-Profit Entity, Revisions And Supplements To Original Guarantees |
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Required For Tax Credit Financing For The Fox Theater Project And Other Agreements |
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Including: |
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· Modifying The Existing Loan Repayment Guarantee From The Agency To FOT For |
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Conventional Loan To FOT Not To Exceed $6,500,000, And The Existing Contingent |
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Loan Not To Exceed $3,530,000 For Costs Associated With Obtaining Historic Tax |
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Credits And New Markets Tax Credits, To Include Operating Costs Within The Scope |
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Of The Guarantees; |
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· A Guarantee By The Agency In Favor Of The Tax Credit Investment Entities For (A) |
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Completion Of The Fox Theater Rehabiliation Work In Compliance With Applicable |
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Laws And The Historic Tax Credits Requirements, (B) Payment Of Carrying Costs |
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Through Lease Up, And (C) That The Project Is Free Of Liens Upon Completion Of |
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Rehabilitation; |
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· A Guarantee By Agency In Favor Of The Tax Credit Investment Entities Relating To |
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The Historic Tax Credits And New Markets Tax Credits In Event The Tax Credits Are |
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Not Awarded Or Are Recaptured By The Internal Revenue Service As A Result Of |
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Non-Compliance With IRS Tax Credit Requirements By For Or Its Affiliated Entities; |
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· Environmental Indemnification For The Lenders And Tax Credit Investors To Protect |
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Against Existing And Future, Known Or Unknown Environmental Matters; And |
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2) A Resolution Authorizing Amendments To The Oakland Redevelopment Agency's |
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Disposition Of The Fox Theater To Fox Oakland Theater, Inc. (FOT), A Non-Profit |
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Entity, Including Amendments To The Disposition And Development Agreement (DDA) |
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And Revisions And Supplements To Original Guarantees Required For Tax Credit |
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Financing For The Fox Theater Project And Other Agreements Including: |
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· Modifying The Existing Loan Repayment Guarantee From The Agency To FOT For |
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Conventional Loan To FOT Not To Exceed $6,500,000, And The Existing Contingent |
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Loan Not To Exceed $3,530,000 For Costs Associated With Obtaining Historic Tax |
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Credits And New Markets Tax Credits, To Include Operating Costs Within The Scope |
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Of The Guarantees; |
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· A Guarantee By The Agency In Favor Of The Tax Credit Investment Entities For (A) |
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Completion Of The Fox Theater Rehabiliation Work In Compliance With Applicable |
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Laws And The Historic Tax Credits Requirements, (B) Payment Of Carrying Costs |
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Through Lease Up, And (C) That The Project Is Free Of Liens Upon Completion Of |
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Rehabilitation; |
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· A Guarantee By Agency In Favor Of The Tax Credit Investment Entities Relating To |
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The Historic Tax Credits And New Market Tax Credits In Event The Tax Credits Are |
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Not Awarded Or Are Recaptured By The Internal Revenue Service As A Result Of |
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Non-Compliance With IRS Tax Credit Requirements By For Or Its Affiliated Entities; |
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· Environmental Indemnification For The Lenders And Tax Credit Investors To Protect |
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Against Existing And Future, Known Or Unknown Environmental Matters |
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The October 24, 2006 Community and Economic Development Committee |
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forwarded this item to the October 31, 2006 Closed Session Agenda; 3 |
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Ayes, 1 Abstention - Brunner |
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 |
16
|
Subject: Oakland Athletics Stadium License Agreement - Amendment |
|
From: Office of the City Attorney |
|
Recommendation: Adopt A Resolution Approving And Authorizing The Execution Of |
|
The Seventh Amendment To The Oakland-Alameda County Coliseum Oakland Athletics |
|
Amended And Restated Stadium License Agreement |
17
|
Subject: Inclusionary Housing Ordinance |
|
From: Councilmember Brunner |
|
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding |
|
Chapter 17.109 To The Oakland Planning Code To Establish An Inclusionary Housing |
|
Requirement And Establish Two New Homeowernship Programs For Oakland Teachers, |
|
Making Related Amendments To The Oakland Planning Code, Amending Section |
|
15.68.100 Of The Oakland Municipal Code To Permit Affordable Housing Trust Funds |
|
To Be Used To Administer And Enforce The Inclusionary Housing Requirement, And |
|
Amending The Master Fee Schedule To Establish An Inclusionary Housing In-Lieu Fee; |
|
And |
|
Adopt An Agency Resolution Restricting The Use Of Low And Moderate Income |
|
Housing Funds To Units For Households At 60% Of Area Median Income, With A |
|
Preference For Households At 30% Of Area Median Income |
|
This item was continued from the October 17, 2006 City Council Meeting |
|
pursuant to Rule 29 of the Council's Rules of Procedure, Resolution No. |
|
79006 C.M.S. and City Charter Section 200 |
|
Councilmember Brunner made a motion which was seconded by |
|
Councilmember Quan to introduce the ordinance. Councilmember Nadel |
|
proposed an amendment which provides an additional whereas: "Whereas |
|
it is known from historical development practices that isolating people by |
|
income (concentrating poverty), results in retail flight and poor school |
|
outcomes, our preference for a healthy community is for mixed income |
|
developments;". |
|
Councilmember Brooks made a substitute motion which was seconded by |
|
Councilmember Reid to instead of introducing the ordinance that evening, |
|
establish a blue ribbon commission charged with developing |
|
recommendations for a comprehensive Inclusionary Zoning Ordinance for |
|
the entire City of Oakland no later than January 31, 2007. The full text of |
|
the motion is included in the agenda back up material. Brooks' substitute |
|
motion resulted in a tie vote: 4 Ayes - Brooks, Reid, Chang and President |
|
De La Fuente; 4 Noes - Brunner, Kernighan, Nadel and Quan. |
|
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. the item automatically was continued to the Council's next |
|
regularly scheduled meeting solely for the purpose of allowing the Mayor |
|
to cast a vote on the substitute motion. If the substitute motion fails then |
|
Council will return to consideration of the main (original) motion. |
17.1
|
Subject: Inclusionary Housing - Substitute Motion |
|
From: Councilmember Brooks |
|
Recommendation: Consideration Of The Substitute Motion To Establish A Blue Ribbon |
|
Commission Which Shall Be Charged With Developing Recommendations For A |
|
Comprehensive Inclusionary Zoning Ordinance For The Entire City Of Oakland For |
|
Council To Review No Later Than January 31, 2007. |
|
Rule 29 provides the following regarding the procedure: "Council and |
|
public discussion is permitted on the item to be voted on by the Mayor; |
|
however, Council members cannot change their vote unless the item has |
|
been properly noticed for reconsideration. The Mayor must appear at the |
|
Council meeting to cast his vote." |
|
The full text of the motion is included in the agenda back up material. |
S-18
|
Subject: Caltrans Maintenance Progress Report |
|
From: Public Works Agency |
|
Recommendation: Receive A Progress Report On Caltrans Maintenance Activities In |
|
The City Of Oakland |
|
The October 24, 2006 Public Works Committee received and forwarded |
|
the report and directed staff to submit a supplemental report with the |
|
following information: 1) complete complaint log chart from CalTrans; |
|
and 2) clarification on CalTrans contracts currently in place and for work |
|
going forward; 3 Ayes, 1 Excused - Quan |
S-19
|
Subject: City Attorney's Annual Report |
|
From: Office of the City Attorney |
|
Recommendation: Hear The Presentation Of The City Attorney's Annual Report For |
|
Fiscal Year 2005-2006 |
|
The October 24, 2006 Finance and Management Committee received and |
|
forwarded the report and directed staff to return to Council with a |
|
supplemental report to include the following: 1) The percentage of police |
|
cases with a pay out; 2) The percentage of police cases with no pay out; 3) |
|
The percentage of police cases that go to trial; 3 Ayes, 1 Excused - Quan |
S-20
|
Subject: Advisory And Litigation Costs And Trends |
|
From: Office of the City Attorney |
|
Recommendation: Receive An Informational Report From The City Attorney Regarding |
|
Advisory And Litigation Costs And Trends |
|
The October 24, 2006 Finance and Management Committee received and |
|
forwarded the report and directed staff to return to Council with a |
|
supplemental report to include the following: 1) The percentage of police |
|
cases with a pay out; 2) The percentage of police cases with no pay out; 3) |
|
The percentage of police cases that go to trial; 3 Ayes, 1 Excused - Quan |
|
See the Annual Report (Item S-19) for related materials |
S-21
|
Subject: Fiscal Year 2007-2009 Biennial Budget Schedule |
|
From: Office Of The City Administrator |
|
Recommendation: A Discussion And Action On The Proposed Schedule For The Fiscal |
|
Year 2007-2009 Biennial Budget Development Process |
|
The October 24, 2006 Finance and Management Committee approved |
|
recommendations and directed staff to return to the 10/26/2006 Rules |
|
Committee Meeting with a recommendation for a new venue that would |
|
allow for better public access; 3 Ayes, 1 Excused - Quan |
S-22
|
Subject: Utilization Of Funds |
|
From: Finance and Management Agency |
|
Recommendation: Receive An Informational Report On The Utilization Of Funds |
|
Donated By Council Members To External Organizations |
|
The October 24, 2006 Finance and Management Committee approved |
|
recommendations and directed staff to write a letter to each organization |
|
requesting information on how funding was spent and explaining that |
|
failure to respond would jeopardize future funding; 3 Ayes, 1 Absent - |
|
Quan |
S-23
|
Subject: Central District Redevelopment Project Bonds |
|
From: Finance and Management Agency |
|
Recommendation: Adopt The Following Pieces Of Legislation: |
|
1) An Agency Resolution Authorizing The Issuance And Prescribing The Terms, |
|
Conditions And Form Of Not To Exceed $37,000,000 Principal Amount Of The |
|
Redevelopment Agency Of The City Of Oakland Central District Redevelopment Project |
|
Subordinated Tax Allocation Bonds, Series 2006T (Federally Taxable), Approving The |
|
Form Of And Authorizing The Execution And Delivery Of A Second Supplemental |
|
Indenture Of Trust And A Bond Purchase Contract; Approving The Form Of And |
|
Authorizing The Distribution Of A Preliminary Official Statement And Authorizing |
|
Execution And Delivery Of An Official Statement; Approving The Selection And |
|
Retention Of A Financing Team; Authorizing Payment Of Costs Of Issuance; Allocating |
|
Bond Proceeds To Finance Redevelopment Activities In The Redevelopment Project |
|
Area; And Authorizing And Approving Necessary Action In Connection Therewith; |
|
(TITLE CHANGE) And |
|
2) A Resolution Of The Oakland Joint Powers Financing Authority Authorizing The |
|
Purchase And Sale Of Not To Exceed $37,000,000 Principal Amount Of Redevelopment |
|
Agency Of The City Of Oakland Central District Redevelopment Project Subordinated |
|
Tax Allocation Bonds, Series 2006T (Federally Taxable), Upon Certain Terms And |
|
Conditions, Approving Distribution Of Official Statement Relating Thereto, And |
|
Providing Other Matters Properly Relating Thereto; (TITLE CHANGE) And |
|
3) A Resolution Of The City Council Of The City Of Oakland Approving Issuance By |
|
The Redevelopment Agency Of The City Of Oakland Of Not To Exceed $37,000,000 |
|
Aggregate Principal Amount Of Redevelopment Agency Of The City Of Oakland |
|
Central District Redevelopment Project Subordinated Tax Allocation Bonds, Series |
|
2006T (Federally Taxable), And Providing Other Matters Properly Relating Thereto |
|
(TITLE CHANGE) |
|
The October 24, 2006 Finance and Management Committee bifurcated the |
|
motion to separate the $30,000,000 principal amount to be accepted, and |
|
directed staff to return with a supplemental report explaining the $7, 000, |
|
000 uptown change; Bifurcated motion (30 million) 3 Ayes, 1 Excused - |
|
Quan (7 Million) 2 Ayes, 1 Abstention - Brunner, 1 Excused - Quan |
S-24
|
Subject: Build West Oakland - Agreement |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator |
|
To Enter Into An Agreement With 16th Street Train Station, LLC, To Provide Funding |
|
In An Amount Not To Exceed $616,757 For The Preservation Of The Baggage Wing |
|
Property At The 16th Street Train Station In West Oakland |
|
The October 24, 2006 Community and Economic Development Committee |
|
approved recommendations as amended to include in the resolution |
|
language that funds are not to be released until the Pro Forma is analyzed; |
|
3 Ayes, 1 Abstention - Brunner |
S-25
|
Subject: Final Map For Tract 7588 |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt A Resolution Approving A Final Map For Tract 7588 For The |
|
Eleventh Street Farm Subdivision At 1416 11th Street |
|
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
|
finding was made at the October 24, 2006 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 is |
|
required to avoid a substantial adverse impact that would occur if the |
|
action were deferred to a subsequent special or regular 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-26
|
Subject: Forest City Residential West, Inc. |
|
From: Director, Community And Economic Development |
|
Recommendation: Receive An Informational Report Regarding Staff's Determination Of |
|
The Number Of Residential Units To Be Included In A Project To Be Developed By |
|
Forest City Residential West, Inc., On A Block Bounded By Telegraph Avenue, William |
|
Street, A New Public Park And 19th Street |
|
The October 24, 2006 Community and Economic Development Committee |
|
approved recommendations; 4 Ayes |
|
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. |
|
Office of the City Clerk - Agenda Management Unit |
|
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 |
|
*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 |
