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Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council |
City of Oakland
Online Meeting Agenda
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Oakland, California |
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94612 |
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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, November 4, 2003
Pledge of Allegiance
1
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Roll Call / ORA & Council |
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COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel, |
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Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large, |
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and President Ignacio De La Fuente, Dist. 5 |
2
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
3
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item |
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from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting |
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as a "non-consent" item. |
4
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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") |
5
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Requests from Councilmember(s) to schedule an Action Item considered by Committee but |
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not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as |
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a "non-consent" item. |
6
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Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council held on October 21, 2003 |
7
8. Presentation of Ceremonial Matters
9. Council Acknowledgements / Announcements
10. CONSENT CALENDAR (CC) ITEMS:
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The following Consent Calendar items are considered to be routine and will be |
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acted upon by one motion of the City Council, unless a member of the public or |
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a Councilmember requests the opportunity to speak on an item noticed. |
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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 |
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Council's Declaration of a Local Emergency due to the existence of a critical |
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public health crisis with regard to the AIDS epidemic |
10.1CC
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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 |
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of a local public health emergency with respect to safe, affordable access to |
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Medical Cannabis in the City of Oakland |
10.2CC
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Subject: Emma Monroe - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Emma Monroe, in the amount of |
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$9,175.00 as a result of property damage sustained when a City of Oakland |
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vehicle collided with her parked vehicle.(Oakland Fire Department) |
10.3CC
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Subject: Kent Luu, Lena Luu, and Lily Luu - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Kent Luu, Lena Luu, Lily Luu v. |
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City of Oakland, et al., Alameda County Superior Court case no. 2002-045902, |
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our file no. 21760, in the amount of $13,750.00 as a result of an automobile |
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accident with an Oakland Police Department patrol vehicle |
10.4CC
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Subject: Marc A. Singer - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Marc A. Singer v. City of |
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Oakland, et al., Alameda County Superior Court Case no. 2001-031132, our |
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file no. 21494, in the amount of $8,000.00 as a result of a trip and fall on a |
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sidewalk (Public Works Agency) |
10.5CC
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Subject: David and Gwendolyn McClure - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of David and Gwendolyn McClure, |
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in the amount of $7,753.86, as a result of property damage sustained due to a |
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sewer flood caused by a clogged city sewer main. (Public Works Agency) |
10.6CC
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Subject: Gertrude Schiffman - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Gertrude Schiffman v. City of |
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Oakland, Alameda County Superior Court No. 2001-034700, our file no. 21420, |
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a personal injury case in the amount of $47,450.00 (Public Works Agency) Ms. |
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Schiffman tripped and fell on a sidewalk on MacArthur Boulevard |
10.7CC
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Subject: Audrey & Gilbert Yuen - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Audrey Yuen & Gilbert Yuen v. |
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City of Oakland, et al., Alameda County Superior Court Case No. 834096-8, |
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our file no. 20508, in the amount of $225,000.00 as a result of sewage |
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intrusion into plaintiffs' home (Public Works Agency) |
10.8CC
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Subject: Councilmember Travel Authorization |
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Recommendation: Adopt a Resolution authorizing Councilmember Larry Reid |
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to attend the Bay Area World Trade Center "Trade and Friendship Mission" in |
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Ghana, Africa from November 19 through 26, 2003 |
10.9CC
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Subject: Councilmember Travel Authorization |
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From: Councilmember Brooks |
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Recommendation: Adopt a Resolution authorizing Councilmember Desley |
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Brooks to attend the Bay Area World Trade Center "Trade and Friendship |
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Mission" in Ghana, Africa from November 19 through 26, 2003 |
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Subject: Judith McKee - Oakland Museum of California Foundation Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Judith McKee as a Trustee |
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of the Oakland Museum of California Foundation Board |
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Subject: Donna Allen - Health and Human Services Commission |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Donna Allen as a member of |
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the Health and Human Services Commission. |
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Subject: Eva Aguillard and Chris Finn - Commission on Persons with |
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Disabilities |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Eva Aguillard and Chris Finn |
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as members of the Commission on Persons with Disabilities |
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Subject: David Means - Community Policing Advisory Board |
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From: Councilmember Brooks |
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Recommendation: Adopt a Resolution appointing David Means as a member |
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of the Community Policing Advisory Board |
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Subject: Wayne Yang, Charles Kong - Children's Fund Planning and |
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Oversight Committee |
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From: Councilmember Chang |
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Recommendation: Adopt a Resolution appointing Wayne Yang, and |
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reappointing Charles Kong as members of the Children's Fund Planning and |
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Oversight Committee |
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Subject: Purchase of Real Property - 1414 73rd Avenue |
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From: Community & Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading ) of an |
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Ordinance authorizing the City Manager to enter into a purchase and sale |
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agreement to purchase a portion of the real property located at 1414 73rd |
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Avenue from Lawrence P. Davenport for a total amount not to exceed $80,000 |
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including closing costs |
Introduction (First Reading) was approved on October 21, 2003; Vote Count 8 Ayes.
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Subject: Lexus and Infiniti Automobile Delearship |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance authorizing the sale from the City Of Oakland to the Redevelopment |
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Agency of the City Of Oakland for $419,407, for a portion of the former railroad |
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spur (a portion of APN 041-3902-013) located between Hassler Way and |
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Damon Slough which was used for various redevelopment projects known as |
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the Lexus and Infiniti automobile dealerships |
Introduction (First Reading) was approved on October 21, 2003; Vote Count 8 Ayes.
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Subject: Joint Living and Working Quarters |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance amending the Oakland Planning Code to allow the conversion of |
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existing non-residential buildings to residentially-oriented joint living and |
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working quarters in the downtown area bounded by Highway 980/Brush Street, |
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the estuary shoreline, the Lake Merritt/Estuary Channel, the western shore of |
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Lake Merritt, and 27th Street |
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Introduction (First Reading) was approved on October 21, 2003; Vote Count 7 Ayes, 1 |
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Abstain-Nadel. |
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Revised Recommendation: At the October 21, 2003, City Council meeting staff was |
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directed to make the following amendments to the ordinance (1) remove the standard |
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that the total floor area of the project does not exceed 100,000 square feet, and (2) any |
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change to exterior of buildings over 100,000 square feet is subject to design review. |
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Subject: Large-Scale Combined Retail and Grocery Sales |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance amending the Oakland Planning Code to define "Large-Scale |
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Combined Retail and Grocery Sales Commercial Activities"; and to prohibit this |
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activity type in all zones (TITLE CHANGE) |
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Introduction (First Reading) was approved on October 21, 2003; Vote Count 7 Ayes; 1 |
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No-Brooks. |
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Subject: Salary Ordinance Amendment |
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From: Finance and Management Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance amending the salary schedule of Ordinance No. 12298 C.M.S. (The |
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Salary Ordinance) to add the classifications of Animal Care Attendant, PT, |
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Animal Care Attendant, PPT, Animal Care Attendant, Assistant Budget |
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Analyst, Curator of Special Projects, Curator of Special Projects, PPT, |
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Financial Analyst, PPT, Marine and Aquatics Supervisor and Sports Official, |
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PT, and to amend the classifications of Assistant to the City Auditor, Complaint |
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Investigator II, Jailer III, Legal Secretary II, Legal Secretary, Supervising, |
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Payroll Control Specialist, Program and Performance Auditor, Senior Aide, PT |
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and Special Needs Coordinator |
Introduction (First Reading) was approved on October 21, 2003; Vote Count 8 Ayes.
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Subject: Conflict of Interest Code |
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From: Office of the City Attorney |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance amending Ordinance Number 11562 C.M.S., adopted on March 23, |
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1993, as amended, Oakland Municipal Code Chapter 3.16, enacting a Conflict |
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of Interest Code for City of Oakland Employees, Members of Boards and |
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Commissions, and Consultant Positions |
Introduction (First Reading) was approved on October 21, 2003; Vote Count 8 Ayes.
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Subject: Enforcement of Public Nuisance Actions |
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From: Councilmember Quan and President De La Fuente |
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Recommendation: Approve the Final Passage (Second Reading) of the |
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Ordinance amending Chapter 1.08 of the "Civil Penalties", Chapter 1.12 |
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"Administrative Citations", and Chapter 1.16 "Alternative Administrative |
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Procedures for Abatement of Certain Violations" of the Oakland Municipal |
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Code for enforcement of public nuisance actions |
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Introduction (First Reading) was approved as amended on October 21, 2003; Vote |
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Count 8 Ayes. |
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Revised Recommendation:At the October 21, 2003 City Council staff was directed to |
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include the additional language: " Whereas, the City Council intends that the |
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amendments authorized apply to the fullest extent possible to any and all nuisance |
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properties including, but not limited to, properties owned, operated, regulated or |
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overseen by the Oakland Housing Authority; and". |
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Subject: 2004 Oakland Municipal Nominating Election |
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From: Office of the City Clerk |
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Recommendation: Adopt the following legislation related to the Statewide |
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Primary Election: |
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1) Approve the Introduction (First Reading) of an Ordinance establishing the |
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date of the City of Oakland Municipal Nominating Election as Tuesday, March |
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2, 2004 to conform with the Statewide Primary Election; and |
Final Passage (Second Reading) has been scheduled for November 18, 2003.
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2) Adopt a Resolution requesting consolidation of the City of Oakland |
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Municipal Nominating Election with the Statewide Primary Election to be held in |
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the City of Oakland on Tuesday, March 2, 2004 |
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Subject: Fruitvale Business Improvement Management District |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution approving and confirming the annual |
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report of the Fruitvale Business Improvement Management District Advisory |
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Board and the continuing annual assessment for the Fruitvale Business |
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Improvement Management District for Fiscal Years 2003-2004 |
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Subject: Lakeshore/Lake Park Business Improvement Management District |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution approving and confirming the annual |
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report of the Lakeshore/Lake Park Business Improvement Management District |
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Advisory Board and the continuing annual assessment for the Lakeshore/Lake |
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Park Business Improvement Management District for Fiscal Years 2003-2004 |
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Subject: Installation of Stop Signs - Madrone Avenue |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution approving: 1) installation of stop signs |
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on Madrone Avenue at Steele Street, on Holly Street at 79th Avenue, and on |
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Laird Avenue at 68th Avenue; and 2) establishment of a no parking zone on |
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both sides of Independent Road from 66th Avenue to Coliseum Way and on |
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the East Side of 66th Avenue from Independent Road to 505 66th Avenue |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: Installation of Stop Signs - 11th Street |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution approving the installation of: 1) stop |
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signs on 11th Street at Center Street, Washington Street at 2nd Street, and |
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East 12th Street at 37th Avenue; 2) a two-hour parking zone on MacArthur |
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Boulevard (both sides) between 89th Avenue and 90th Avenue; and 3) |
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four-hour parking zones on Martin Luther King Junior Way (east side) between |
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3rd Street and 4th Street and 4th Street (south side) between Martin Luther |
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King Junior Way and Jefferson Street |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: On-Call Curb Ramps Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the rejection of all bids for |
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On-Call Curb Ramps Project (Fiscal Year 2001-2002) (Project No. C209110), |
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and formally re-bid the project with return to Council for award |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: Joaquin Miller Park Cascade Landscaping Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Manager to award |
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a construction contract to the lowest responsible, and responsive bidder in |
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accordance with the Joaquin Miller Park Cascade Landscaping Project, Project |
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No. C197230, and contractor's firm, fixed bid for an amount not to exceed the |
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City's engineer's estimate, ninety one thousand dollars ($91,000), or if initial |
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bids are non-responsive and/or non-responsible, authorizing the City Manager |
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to reject all such bids and re-bid and/or negotiate a contract, and award a |
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construction contract for said project without return to City Council |
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(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM |
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REQUIRES A 2/3 VOTE) |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: Lake Merritt Dock at 17th Street and Lakeside |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Manager to enter |
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into a Construction Agreement with Vortex Inc., in an amount not to exceed |
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ninety two thousand two hundred dollars ($92,200) for the construction of the |
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Lake Merritt Dock at 17th Street and Lakeside Drive, Project No. |
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G139410(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS |
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ITEM REQUIRES A 2/3 VOTE) |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: Laurel Streetscape Improvement |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the rejection of all bids on |
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the Laurel Streetscape Improvement on MacArthur Boulevard (between 35th |
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Avenue and High Street) (Project No. C194710), and formally re-bid with return |
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to Council for award |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: Edes Avenue Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing award of a contract to Mosto |
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Construction for the improvement of Edes Avenue (Project Number C166310) |
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in the amount of two hundred thirty-one thousand one hundred sixty-eight |
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dollars and fifty cents ($231,168.50) (PURSUANT TO SECTION 902-E OF |
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THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) |
The October 28, 2003 Public Works Committee approved recommendation; 4 Ayes.
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Subject: Business Tax Board Of Review |
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From: Office of the City Attorney |
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Recommendation: Approve Introduction (First Reading) of an Ordinance |
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amending Chapter 5.04 of the Oakland Municipal Code to remove the City |
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Attorney as a member of the Business Tax Board of Review and provide that |
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the City Manager shall select an employee of the City to serve as a member of |
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the Business Tax Board Of Review |
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The October 28 2003 Finance and Management Committee approved recommendation; |
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4 Ayes. |
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Final Passage (Second Reading) has been scheduled for November 18, 2003. |
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Subject: Gross Rental Receipts |
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From: Finance and Management Agency |
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Recommendation: Approve the Introduction (First Reading) an Ordinance |
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rescinding Section 5.04.450 of the Oakland Municipal Code to allow taxpayers |
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to report gross rental receipts separately for the purpose of paying the annual |
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business tax |
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The October 28, 2003 Finance and Management Committee approved |
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recommendation; 4 Ayes. |
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Final Passage (Second Reading) has been scheduled for November 18, 2003. |
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Subject: Shop Oakland Parking Program |
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From: Community and Economic Development Agency |
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Recommendation: Approve Recommendation requesting authorization of free |
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three-hour parking at designated meters and free parking at City parking |
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garages during the 2003 holiday season |
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The October 28, 2003 Finance and Management Committee approved recommendation |
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with direction to staff to conduct a survey measuring the impact of the free parking |
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campaign and return in six months to Committee; 4 Ayes. |
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Subject: Pedestrian and Bicycle Related Streetscape Improvements |
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From: Community and Economic and Development Agency |
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Recommendation: Adopt an Agency Resolution authorizing an application to |
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the Alameda County Transportation Improvement Authority for grant funds |
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from the Measure B Bicycle and Pedestrian Countywide Discretion Fund for |
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planning and feasibility studies for intermodal streetscape improvements on |
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Telegraph Avenue |
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The October 28, 2003 Community and Economic Development Committee approved |
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recommendation; 4 Ayes. |
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Subject: Operating Supporting Grants |
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From: Community and Economic Development |
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Recommendations: Adopt the following legislation regarding grants to |
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Community Development Housing Organizations: |
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1) Adopt a Resolution authorizing a grant of $150,000.00 in Federal HOME |
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funds to provide operating support and technical assistance to Oakland |
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Community Housing, Inc., and |
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2) Adopt a Resolution authorizing a grant of $150,000.00 in Federal HOME |
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funds to provide operation support and technical assistance to Resources for |
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Community Development, and |
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3) Adopt a Resolution authorizing a grant of $200,000.00 in Federal HOME |
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funds to provide operating support and technical assistance to East Bay Asian |
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Local Development Corporation |
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The October 28, 2003 Community and Economic Development Committee approved |
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recommendation; 4 Ayes. |
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Subject: Sale of Real Property - 1072 55th Street |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following legislation regarding the sale of real |
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property: |
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1) Adopt an Ordinance authorizing the sale of the property at 1072 55th Street |
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to the Redevelopment Agency for $415,000.00, and |
Final Passage (Second Reading) has been scheduled for November 18, 2003.
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2) Adopt an Agency Resolution authorizing the purchase of the property at |
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1072 55th Street from the City for $415,000.00 |
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The October 28, 2003 Community and Economic Development Committee approved |
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recommendation; 4 Ayes. |
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Subject: Massage Service Activities |
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From: Councilmember Jane Brunner |
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Recommendation: Adopt an Ordinance regarding an urgency measure |
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adopting an Interim Ordinance pursuant to Government Code Section 65858 |
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imposing a moratorium on massage service activities |
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Item S-10.39CC has been renoticed as Item S-31 on the non-consent portion of this |
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agenda. |
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Subject: Managed Health Network (MHN) |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing a professional services |
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agreement between the City of Oakland and Managed Health Network (MHN) |
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in an amount not to exceed ninety-four thousand five hundred fifty-two dollars |
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($94,552) for the period of July 1, 2003 to June 30, 2005, for a Counseling |
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Program for sworn members of the Police Department and their dependants |
The October 28, 2003 Public Safety Committee approved recommendation; 4 Ayes.
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Subject: Public Ethics Commission Bylaws |
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From: Office of the City Manager |
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Recommendation: Approve Recommendation to obtain required City Council |
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ratification of amendments to the Public Ethics Commission Bylaws pertaining |
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to committee organization and compliance with the Sunshine Ordinance |
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The October 30, 2003 Rules and Legislation Committee approved recommendations; 3 |
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Ayes, 1 Excused-Reid. |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
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An oral report from the Agency Counsel / City Attorney of final decisions made during Closed |
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Session |
11
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A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
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Sunshine Ordinance |
12
Reconsideration of Ordinances pursuant to Charter Section 216
13
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14. Consideration of items with statutory Public Hearing Requirements: |
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Subject: Montclair Business Improvement District - Public Hearing |
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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 confirming the annual report of the Montclair Business Improvement |
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District Advisory Board and levying the annual assessment for the Montclair |
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Business Improvement District for Fiscal Year 2004-2005 |
14.1
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Subject: Rockridge Business Improvement District - Public Hearing |
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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 confirming the annual report of the Rockridge Business |
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Improvement District Advisory Board and levying the annual assessment for |
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the Rockridge Business Improvement District for Fiscal Year 2004-2005 |
14.2
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Subject: West Oakland Redevelopment Plan - Public Hearing |
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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 legislation: |
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1) Adopt a Resolution electing to receive a portion of the tax increments from |
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the West Oakland Redevelopment Project Area, |
14.3
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2) Adopt an Agency Resolution approving and adopting Rules Governing |
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Participation by Property Owners and the Extension of Reasonable |
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Preferences to Business Occupants in the West Oakland Redevelopment |
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Project Area |
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3) Adopt an Agency Resolution certifying and making findings as to the Final |
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Environmental Impact Report on the West Oakland Redevelopment Project |
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4) Adopt a Resolution certifying and making findings as to the Final |
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Environmental Impact Report on the West Oakland Redevelopment Project, |
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5) Adopt an Agency Resolution approving the Redevelopment Plan for the |
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West Oakland Redevelopment Project, and |
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6) Adopt an Ordinance approving and adopting the Redevelopment Plan for |
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the West Oakland Redevelopment Project |
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Final Passage (Second Reading) has been scheduled for November 18, 2003. |
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The October 14, 2003, Community and Economic Development Committee approved |
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recommendations 3 Ayes, 1 Excused-Chang. |
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Subject: Joint-use School and Public Library - Public Hearing |
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From: Oakland Public Library |
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Recommendation: Conduct a Public Hearing and upon conclusion Adopt the |
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following legislation regarding the Joint-use School and Public Library: |
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1) Adopt a Resolution authorizing the City Manager to apply for, accept and |
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appropriate funds in an amount not to exceed six million five hundred thousand |
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dollars ($6.5 million) from the State of California Proposition 14 Funds |
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(California Reading and Literacy Improvement and Public Library Construction |
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and Renovation Bond Act of 2000) for the Fiscal Year 2003-2004 for the |
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development of a joint-use school and public library with the Oakland Unified |
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School District and consenting to the use of Redevelopment Agency funds as |
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matching funds for this grant, and authorizing an amendment to the |
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Repayment Agreement with the Redevelopment Agency to accept this funding |
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of $3.5 million in Coliseum Redevelopment Set-aside Funds, and |
14.4
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2) Adopt an Agency Resolution authorizing the use of $3.5 million in Coliseum |
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School Setaside Funds as local matching funds for construction of a public |
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library at 81st and Rudsdale |
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The October 14, 2003 Finance and Management Committee approved |
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recommendations 4 Ayes. |
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The October 14, 2003 Life Enrichment Committee approved recommendations 3 Ayes, |
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1 Excused-Chang. |
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Subject: Secondary Units - Planning Code Amendment - Public Hearing |
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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 amending the Oakland Planning |
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Code to modify the minimum street pavement width requirements provided by |
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Ordinance 12501 C.M.S. related to standards for Secondary Units |
14.5
Final Passage (Second Reading) has been scheduled for November 18, 2003.
ACTION ON NON-CONSENT ITEMS:
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Subject: Education Teach-ins |
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Recommendation: Adopt a Resolution in support of Teach-ins and Day of |
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Action to support education |
15
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Subject: Measure X Limited Charter Review Committee Recommendations |
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From: Measure X Limited Charter Review Committee |
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Recommendation: A Continued discussion to Approve a Report regarding a |
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Resolution for the Council's consideration reflecting Charter amendments |
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prepared by San Francisco City Attorney's Office that reflect the Measure X |
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Limited Charter Review Committee and City Councilmember recommendations |
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regarding (A) Balance of Powers among Branches of Government, (B) the |
|
Elected City Attorney, (C) Setting Pay for Elected Officials, (D) Term Limits for |
|
Elected Officials, (E) Mayor's Attendance at Council Meetings, (F) Number of |
|
Councilmembers and At-Large Representatives, (G) City Council Structure and |
|
Procedures; and (H) Role of the City Manager (I) determining whether said |
|
Charter amendment shall appear on the March 2, 2004 or November 2, 2004 |
|
Ballot (J) need to check report (TITLE CHANGE) |
16
|
Subject: Recycling Services |
|
From: Public Works Agency |
|
Recommendation: Approve Recommendations and Receive a follow-up report |
|
in response to an unsolicited proposal from California Waste Solutions; and |
|
approve recommendations for establishing service parameters and soliciting |
|
proposals for recycling services in the area of the City currently serviced by |
|
California Waste Solutions; and a recommendation to enter into negotiations |
|
with Waste Management of Alameda County to address Citywide recycling |
|
service equity issues |
17
|
Revised Recommendation: The October 21, 2003 Public Works Committee directed |
|
that the Request For Proposal include separate points for local business and small |
|
business; points for employing Oakland citizens with retention language; require a |
|
prevailing wage; standards of cleanliness; and service area limitation (no one company |
|
for all of Oakland; 2 Ayes, 1 Abstain-Brooks, 1 Excused-Chang. |
|
Subject: Risk Management Incentive Program |
|
From: Office of the City Manager |
|
Recommendation: Approve Recommendations regarding implementation of |
|
the Risk Management Incentive Program |
18
|
Revised Recommendation: The October 14, 2003 Finance and Management |
|
Committee did not take action on the proposed resolutions, but approved staff's |
|
recommended Alternative D; 3 Ayes, 1 No-Nadel. |
|
Subject: Discrimination Based on Sexual Orientation |
|
From: Vice Mayor Nadel; Councilmembers Wan and Quan |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
|
updating language in the City Of Oakland's Municipal Code Chapter 9.44 |
|
discrimination based on sexual orientation and amending Section 9.44.010 |
|
definitions to include discrimination based on gender identity or expression |
|
and Section 9.44.020 unlawful practices to allow the use of restroom facilities |
|
consistent with a person's gender identity |
19
|
The October 14, 2003 Finance and Management Committee approved |
|
recommendations; 4 Ayes. |
|
Final Passage (Second Reading) has been scheduled for November 18, 2003. |
|
Subject: Oakland Convention and Visitors Bureau |
|
From: Cultural Arts and Marketing |
|
Recommendation: An annual report of the FY 2002-2003 performance of the |
|
Oakland Convention and Visitors Bureau (OCVB) and Adopt a Resolution |
|
authorizing the City Manager to negotiate and execute a two-year professional |
|
services agreement with the Oakland Convention and Visitors Bureau to |
|
provide Visitor Marketing Services in an amount not to exceed $900,000.00 for |
|
Fiscal Year 2003-2004 and not to exceed $650,000.00 for Fiscal Year |
|
2004-2005 and to pay OCVB up to fifty percent of the amount of the City's |
|
Transient Occupancy Tax that exceed $10,262,773.00 each Fiscal Year |
20
|
The October 14, 2003 Community and Economic Development Committee approved |
|
recommendation; 2 Ayes, 1 Abstained-Brunner, 1 Excused-Chang. |
|
Subject: Fox Theater Restoration |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt an Agency Resolution authorizing the Agency |
|
Administrator to negotiate and execute an Exclusive Negotiation Agreement |
|
with Fox Theater 1 Corporation, to develop the Fox Theater and attached |
|
wrap-around buildings into a performing arts center and home for the Oakland |
|
School for the Arts, and authorizing the expenditure of up to eight hundred |
|
thousand dollars ( $800,000.00) for testing, design, cleanup and related work |
|
during the exclusive negotiating period |
21
|
The October 14, 2003 Community and Economic Development Committee approved |
|
recommendation; 3 Ayes, 1 Excused-Chang. |
|
Subject: West Oakland Weed & Seed Initiative |
|
From: Oakland Police Department |
|
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
|
of the City of Oakland, to accept and appropriate a grant in the amount of two |
|
hundred twenty-five thousand dollars ($225,000) from the U.S. Department of |
|
Justice, Office of Justice Programs, Executive Office of Weed and Seed for the |
|
continued program implementation of the West Oakland Weed and Seed |
|
Initiative and authorizing a funding agreement in an amount not to exceed |
|
twenty-five thousand dollars ($25,000) with the Oakland Police Activities |
|
League for truancy and mentoring services associated with the program |
22
|
The October 14, 2003 Public Safety Committee approved recommendation; 3 Ayes, 1 |
|
Abstained-Quan. |
|
Subject: Creations of Special Assessment Districts |
|
From: Oakland Fire Department |
|
Recommendation: Adopt the following legislation: |
|
1) Adopt an Ordinance establishing procedures for the creation of special |
|
assessment districts to fund services and programs for fire suppression, |
|
prevention and preparedness within designated areas of the City Of Oakland, |
|
and |
23
Final Passage (Second Reading) has been scheduled for November 18, 2003.
|
2) Adopt a Resolution of Intention to form the Oakland Wildfire Prevention |
|
Assessment District, accepting and granting preliminary approval of the |
|
engineer's report, directing filing of the engineer's report and proposed |
|
assessment district boundary map, submitting the proposed assessment to the |
|
district assessees for majority protest procedure, and scheduling a Public |
|
Hearing for January 6, 2004, and |
|
Revised Recommendation: The October 14, 2003 Public Safety Committee approved |
|
recommendations with amendments to the resolution to add the boundary description, |
|
clarify the Citizens Advisory Committee, and impose a cap on Administration Costs; 4 |
|
Ayes. |
|
3) Adopt a Resolution authorizing the City Manager to execute the ballot for all |
|
the City owned properties on which assessments are to be levied for the |
|
Oakland Wildfire Assessment District to support the formation of the District |
|
and approve the assessments and, if the district is formed, to take the |
|
necessary actions to pay the amount of the assessments of the City owned |
|
properties in an amount not to exceed a total of $1,489,774.00 over the ten |
|
year assessment period |
(Number not used)
24
|
Subject: City owned surplus properties |
|
From: Community and Economic Development Agency |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
|
authorizing the City Manager to enter into purchase and sales agreements for |
|
the sale of eleven City owned surplus properties from the public auction |
|
conducted on October 3, 2003 to the following high bidders: (1 APN |
|
045-5304-057-02, 056 for $140,000) Jeff Ku; (3-APN 044-4989-006 for |
|
$227,000) Oakland Community Housing, Inc.; (4-APN 048-6854-002-06 and |
|
5-APN 048-6854-003-02 for $100,000,7-APN 048-6818-001-01 for $135,000) |
|
Hirst Shafer Construction and Development, Inc.; (6-APN 048-6869-007 for |
|
$240,000) Amelia Lim; (8-APN 048D-7302-059 for $81,000) Henry Hernandez; |
|
(9-APN 048D-7303-067 for $50,000 and 10-APN 048D-7303-068 for $50,000) |
|
Wayne Huey; and (11-APN 048H-7606-051-04 for $455,000) Traci Ann |
|
McKnight |
25
Final Passage (Second Reading) has been scheduled for November 18, 2003.
|
Subject: City owned surplus properties - Impartial Financial Analysis |
|
From: Office of the City Auditor |
25.1
|
Subject: Low Law Enforcement Policy towards Medical Cannabis |
|
From: Office of the City Manger |
|
Recommendation: A Continued discussion to Approve Recommendations |
|
regarding conditions to fall under the City's Low Law Enforcement Policy |
|
towards Medical Cannabis and to select one medical cannabis provider |
|
association to administer the City's Medical Cannabis Distribution Program |
26
|
At the October 30, 2003, Rules and Legislation Committee this item was scheduled for |
|
discussion at the November 18, 2003 Closed Session meeting, and additionally, the |
|
Rules and Legislation Committee scheduled two proposed alternative ordinances |
|
(Nadel/Quan) for consideration at the December 2, 2003, City Council meeting. |
|
Subject: Construction of Bulbouts - Ray's Electric |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing award of a contract to Ray's |
|
Electric for the construction of bulbouts on Grand Avenue (Project Number |
|
G170430) in the amount of three hundred thirty-five thousand nine hundred |
|
thirty dollars ($335,930) (PURSUANT TO SECTION 902-E OF THE CITY |
|
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) |
27
|
The October 28, 2003 Public Works Committee approved recommendation; 3 Ayes, 1 |
|
Abstained-Brooks. |
|
Subject: Lease Agreement for 530 Lake Park Avenue |
|
From: Community and Economic and Development Agency |
|
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
|
into a two-year lease with Peter and Helen Shiu for real property located at 530 |
|
Lake Park Avenue, for use as a community meeting facility and community |
|
police station, for two years in the amount of $25,200 (Year 1), and $27,600 |
|
(Year 2), and tenant improvements (not to exceed $2,000), plus telephone, and |
|
utility costs |
28
|
The October 28, 2003 Finance and Management Committee approved |
|
recommendation; 3 Ayes, 1 No-Brunner. |
|
Subject: Oakland Fund for Children and Youth |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution authorizing the City Manager to |
|
negotiate and execute a contract between the City of Oakland and Community |
|
Crime Prevention Associates in an amount not to exceed $260,000 to evaluate |
|
the Oakland Fund for Children and Youth for the period of October 1, 2003 |
|
through September 30, 2004 with two one-year options to renew |
29
|
The October 28, 2003 Life Enrichment Committee approved recommendation; 3 Ayes, |
|
1 No-Brunner. |
|
Subject: Oakland Fund for Children and Youth Request for Proposals |
|
From: Department of Human Services |
|
Recommendation: Approve Recommendation for the Oakland Fund for |
|
Children and Youth Fiscal Year 2004-2005 Request for Proposals and Fiscal |
|
Year 2004-2005 After School Initiative Request for Qualifications |
30
|
The October 28, 2003 Life Enrichment Committee approved recommendation; 3 Ayes, |
|
1 Abstain-Brunner. |
|
Subject: Massage Service Activities |
|
From: Councilmember Jane Brunner |
|
Recommendation: Adopt an urgency measure adopting an Interim Ordinance |
|
pursuant to Government Code Section 65858 imposing a moratorium on |
|
massage service activities |
31
|
NOTICE OF ADDITIONAL URGENCY AGENDA ITEM S-32 FOR THE CONCURRENT |
|
MEETING OF THE OAKLAND REDEVELOPMENT AGENCY/CITY COUNCIL NOVEMBER 4, |
|
2003 |
|
(PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, |
|
INTRODUCTION AND ADOPTION OF THIS ORDINANCE REQUIRES A VOTE OF 4/5 |
|
OF THE MEMBERS (7 AFFIRMATIVE VOTES). THIS ORDINANCE IS INTRODUCED |
|
AND ADOPTED AT THE SAME MEETING AND IT IS IN EFFECT IMMEDIATELY FOR |
|
A 45 DAY PERIOD UPON ADOPTION.) |
|
The October, 28, 2003 Public Safety Committee approved recommendation; 3 Ayes, 1 |
|
Abstain - Brooks. |
|
Item S-31 was previously noticed as Item S-10.39CC. |
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 |
