Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency / |
City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, March 21, 2006
CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
Council with unanimous recommendation for approval and is not controversial, and does not have |
a high level of public interest as determined by the Rules Committee. |
NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
Council without unanimous recommendation for approval, or having a high level of public |
interest, or is controversial as determined by the Rules Committee. |
ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
official vote and approval of the City Council to be effective. |
INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
does not require or permit Council action. |
1
Pledge of Allegiance
2
Roll Call / ORA & Council
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
non-consent item. (Motion Maker must have voted on prevailing side) |
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee |
but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council held on March 7, 2006 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: NCAA Men's Basketball Regional Tournament |
Recommendation: Adopt A Resolution Welcoming the NCAA 2006 Division I Men's |
Basketball Regional Championship ("March Madness") To The Oakland Arena |
8.2
Subject: Michael F. Lange - Recognition |
From Office Of Parks And Recreation: |
Recommendation: Adopt A Resolution Commending Michael F. Lange For Thirty Seven |
Years Of Outstanding And Distinguished Service To The City Of Oakland |
S-8.3
Subject: Hemophilia Awareness Month |
Recommendation: Adopt A Resolution Proclaiming March As Hemophilia Awareness |
Month In The City Of Oakland |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the March 16, 2006 Rules and Legislation Committee |
to place this item on the agenda for the following reason that there is a |
need to take immediate action which came to the attention of the local body |
after the agenda was posted, and that the need to take immediate action |
relates to a purely ceremonial or commendatory action. |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
Subject: Declaration Of A Local Emergency Due To AIDS Epidemic |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's |
Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health |
Crisis With Regard To The AIDS Epidemic |
10.2-CC
Subject: Medical Cannabis Health Emergency |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A |
Local Public Health Emergency With Respect To Safe, Affordable Access To Medical |
Cannabis In The City Of Oakland |
10.3-CC
Subject: Annetta Grady - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Annetta Grady V. City Of Oakland, Alameda |
County Superior Court Case No. RG04-141378, Our File No. 23728 In The Amount Of |
$175,000.00. This Case Involves A Slip And Fall Accident On A Crosswalk On |
Mountain Boulevard In Montclair (Public Works Agency) |
Council discussed this item in closed session on March 7, 2006. Motion |
authorizing settlement passed with 6 Ayes, 2 Excused; Reid and President |
De La Fuente |
10.4-CC
Subject: James Kyle - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of James Kyle V. Bay Area Rapid Transit (Bay Area |
Rapid Transit V. City Of Oakland), Alameda Superior Court Case No. 2002 060357, Our |
File No. 22151, In The Amount Of Twenty-Four Thousand Five Hundred Dollars |
($24,500.00) |
Council discussed this item in closed session on March 7, 2006. Motion |
authorizing settlement passed with 6 Ayes, 2 Excused; Reid and President |
De La Fuente |
10.5-CC
Subject: Port And Army Base Land Use |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Adopting The Third Amendment To The Oakland Army Base Redevelopment Plan To |
Change The Land Use Designation For The East Maritime Area From Business Mix To |
General Industrial/Transportation |
Introduction (First Reading) was approved on March 7, 2006; 6 Ayes, 2 |
Excused - Reid and President De La Fuente |
S-10.6-CC
Subject: Wildfire Prevention Assessment District Annual Report |
From: Office Of The City Administrator - Budget Office |
Recommendation: Adopt A Resolution Initiating The Fiscal Year 2006-2007 Assessment |
Process For The City Of Oakland Wildfire Prevention Assessment District And |
Authorizing The City Administrator To Order A Preliminary Annual Report Pursuant To |
The Oakland Municipal Code |
The March 14, 2006 Finanace and Management Committee approved |
recommendations; 3 Ayes, 1 Excused - Quan |
S-10.7-CC
Subject: Napa Auto Parts Contract |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Awarding A Contract To General Auto Parts, A |
Company Doing Business As Napa Auto Parts In An Annual Amount Not To Exceed |
Seven Hundred Eighty Thousand Dollars ($780,000.00) For A Three Year Period Of |
March 1, 2006 To February 28, 2009, For Automotive Stock And Non-Stock Parts To |
The City Of Oakland In Accordance With Specification No. 03-465-14-1 |
The March 14, 2006 Finanace and Management Committee approved |
recommendations; 3 Ayes, 1 Excused - Quan |
S-10.8-CC
Subject: Safety And Security Lighting Installation |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Contribution And Appropriation Of |
Redevelopment Agency Funds To The City Of Oakland Under The Cooperation |
Agreement In An Amount Not To Exceed $113,137 To Install Safety And Security |
Lighting On 69th, 70th And 71st Avenues Between International Boulevard And Arthur |
Street, Seminary Avenue From Trask To Walnut Street, Bancroft Avenue From Avenal |
Avenue To Fortune Way, And Weld Street Between 69th Avenue And 73rd Avenue, |
And To Purchase And Install Nine Candelabra Lights In The Havenscourt And Bancroft |
Area; |
2) A Resolution Authorizing The City To Accept And Appropriate A Contribution Of |
Redevelopment Agency Funds Under The Cooperation Agreement In An Amount Not |
To Exceed $113,137 For Safety And Security Lighting To Alleviate Crime And Blight |
On 69th, 70th And 71st Avenues Between International Boulevard And Arthur Street, |
Seminary Avenue From Trask To Walnut Street, Bancroft Avenue From Avenal Avenue |
To Fortune Way, And Weld Street Between 69th Avenue And 73rd Avenue And For The |
Purchase And Installation Of Nine Candelabra Lights In The Havenscourt And Bancroft |
Area; and |
3) An Agency Resolution Authorizing The Agency Administrator To Solicit, Negotiate, |
Award, And Execute Design And Engineering Contracts Without Returning To The |
Agency For Three Streetscape Areas In The Central City East Project Area, The |
Eastlake/14th Avenue, Melrose/Bancroft Avenue, And 5th Avenue Areas, In Amounts |
Not To Exceed $300,000 Each For A Total Contract Amount Of $900,000 |
The March 14, 2006 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
S-10.9-CC
Subject: Firefighter's Grant Funds |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept And Appropriate Up To Three Hundred Fifty Thousand Dollars |
($350,000.00) Of 2006 Federal Assistance To Firefighter's Grant Funds And Award |
Contracts To Provide Firefighting And Emergency Response Specialized Training And |
Equipment To The Lowest Responsible Bidder(s) Or To The Successful Respondent(s) |
To The City's Request For Proposals Competitive Selection Process, Without Return To |
Council |
The March 14, 2006 Public Safety Committee approved recommendations; |
3 Ayes, 1 Excused - Quan |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Delinquent Transient Occupancy Taxes - Public Hearing |
From: Finance And Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The |
Following Resolutions: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And |
Confirming The Recordation Of Liens, Administrative Charges, And Assessment |
Charges As Necessary Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal |
Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over |
To The County For Collection; Or |
2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The |
City Administrator On The Delinquent Transient Occupancy Taxes And Confirming The |
Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary |
Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal Code, And Directing The |
Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax |
Collector For Collection; Or |
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Transient Occupancy Taxes And Confirming The Recordation Of Liens, |
Administrative Charges And Assessment Charges As Necessary Pursuant To Title 4, |
Chapter 4.24 Of The Oakland Municipal Code |
14.2
Subject: Delinquent Real Property Transfer Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The |
Following Resolutions: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes, |
And Confirming The Recordation Of Liens, Administrative Charges, And Assessment |
Charges, As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, |
And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The |
County Tax Collector For Collection; or |
2) A Resolution Overruling Protests And Objections And Accepting And Confirming |
Reports Of The City Administrator On The Cost Incurred By The City Of Oakland For |
Delinquent Real Property Transfer Taxes, And Authorizing The Recordation Of Liens, |
Administrative Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland |
Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be |
Turned Over To The County Tax Collector For Collection; or |
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Real Property Transfer Taxes And Confirming Of The Recordation Of Liens, |
Administrative Charges, And Assessment Charges As Necessary - Pursuant To Chapter |
4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And |
Assessment Charges To Be Turned Over To The Alameda County Tax Collector For |
Collections |
14.3
Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding Delinquent Mandatory Garbage |
Fees For July/August/September 2005 Monthly Accounts And |
October/November/December 2005 Quarterly Accounts And Upon Conclusion Adopt |
One Of The Following Resolutions: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees, And |
Confirming The Recordation Of Liens, Administrative Charges, And Assessment |
Charges, As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, |
And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The |
County Tax Collector For Collection; or |
2) A Resolution Overruling Protests And Objections, And Accepting And Confirming |
Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For |
Delinquent Garbage Service Fees, And Authorizing The Recordation Of Liens, |
Administrative Charges, As Necessary - Pursuant To Chapter 8.28 Of The Oakland |
Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be |
Turned Over To The County Tax Collector For Collection; or |
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Garbage Services Fees And Confirming Of The Recordation Of Liens, |
Administrative Charges, And Assessment Charges, As Necessary - Pursuant To Chapter |
8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And |
Assessment Charges To Be Turned Over To The Alameda County Tax Collector For |
Collections |
14.4
Subject: Delinquent Business Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces |
Of Legislation: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming |
The Recordation Of Liens, Administrative Charges And Assessment Charges As |
Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And |
Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The |
County For Collection; or |
2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The |
City Administrator On The Delinquent Business Taxes, And Confirming The |
Recordation Of Liens, Administrative Charges, And Assessment Charges As Necessary - |
Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The |
Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax |
Collector For Collection; or |
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Business Taxes, And Confirming Of The Recordation Of Liens, |
Administrative Charges And Assessment Charges, As Necessary - Pursuant To Title 5, |
Chapter 5.04 Of The Oakland Municipal Code |
14.5
Subject: Central City East Redevelopment Project |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
Following Pieces Of Legislation: |
1) An Agency Resolution Adopting The Second Amendment To The Five-Year |
Implementation Plan, 2003-2008, For The Central City East Redevelopment Project To |
Modify Fund Allocations To The Streetscape Project And Infrastructure Component, |
Update The Affordable Housing Section, And Make Other Changes; and |
2) An Agency Resolution Modifying The Central City East Homeownership |
Rehabilitation Program To Increase The Maximum Loan Amount From $10,000 To |
$75,000 And To Authorize The Provision Of Design Assistance To Homeowners In An |
Amount Not To Exceed $5,000 |
The March 14, 2006 Community and Economic Development Committee |
directed staff to prepare a Supplemental report with information on the |
targeting of people at the 80% and below Area Median Income Level to |
and look at household income at that level. |
14.6
NUMBER NOT USED
14.7
Subject: Mixed Use Development - 51st and Telegraph Avenue |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal And Sustaining The Decision Of The Planning Commission |
Approving Construction Of A New Mixed-Use Development Consisting Of 67 |
Residential Units And 2,990 Square Feet Of Commerial Space Located At The Inter |
Section Of 51st Street And Telegraph Avenue (Case File Number CMDV05-469) |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Local Emergency Due To Winter Storms |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Renewing And Continuing The |
Local Emergency Due To Winter Storms First Proclaimed By The City Of Oakland On |
January 5, 2006 |
S-15.1
Subject: Oakland Police Department Staffing |
Recommendation: Adopt A Resolution Declaring An Emergency Pursuant To The |
Meyers-Milias Brown Act (California Government Code Section 3504.5) To Permit The |
Chief Of Police To Redeploy Police Officers To Address The Recent Surge In Crime |
At the March 14, 2006 Special City Council Meeting, Councilmember |
Brunner made a substitute motion, seconded by Councilmember Chang to |
direct staff to return to negotiations for one additional week and return to |
Council with the resolution declaring the State of Emergency and the |
implementation plan for the Fourth Squad, and the motion passed with the |
following vote: 5 Ayes, 2 Abstain - Brooks, Nadel and 1 Excused - Quan |
This item was continued from the March 14, 2006 Special ORA/City |
Council Agenda. |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the March 16, 2006 Rules and Legislation Committee |
to place this item on the agenda for the following reason 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. |
16
Subject: Measure Y Implementation |
From: Oakland Police Deparment |
Recommendation: Action On A Semi-Annual Report And Recommendation Regarding |
The Status Of Implementation Of The Department's Reorganization To Expand |
Community Policing And The Status Of Measure Y Implementation, Specifically |
Regarding Officer Recruiting, Training Hiring And Deployment Of Officers To Measure |
Y Positions |
The February 28, 2006 Public Safety Committee approved |
recommendations; 4 Ayes |
The February 28, 2006 Public Safety Committee directed staff to prepare a |
Supplemental report that included a recruitment budget figure for the |
additional officers to be added by January 2007 as well as to address the |
following issues: (1) resources to accelerate recruiting and training, (2) |
redeployment of officers from desk work to neighborhood service, (3) |
redeployment of officers from airport duty to neighborhood service, and |
(4) provide crime data as previously reported with the Area Commanders |
Weekly Report (ACWR). A resolution confirming the motion will be in the |
Supplemental Report. |
17
Subject: Housing, Residential Rent And Relocation Board - Appointments |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Appointing Charles Hargrave, Ricardo Hunter |
And Jessica Leavitt And Re-Appointing Laura Arreola As Members Of The Housing, |
Residential Rent And Relocation Board |
S-18
Subject: Francisco Electric Supply - Contract |
From: Finance And Management Agency |
Recommendation: Adopt A Resolution Awarding A Contract To Francisco Electric |
Supply, A Corporation, In An Annual Amount Not To Exceed Three Hundred Thirty Six |
Thousand, Fifty Two Dollars, And Thirty Three Cents ($336,052.33) For The Three Year |
Period Of March 1, 2006 To February 28, 2009, For Standard Street Lighting And |
Traffic Signals, To The City Of Oakland In Accordance With Specification No. |
06-285-76-01 |
The March 14, 2006 Finanace and Management Committee approved |
recommendations; 2 Ayes, 1 Abstain - Brunner, 1 Excused - Quan |
S-19
Subject: Proposition 40 Grant Funds |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept, And Appropriate Grant Funds From The California Cultural And Historical |
Endowment (CCHE) For Round Two Under State Of California Proposition 40 (Clean |
Water, Clean Air, Safe Parks And Coastal Protection Act Of 2002), For Peralta Hacienda |
Historical Park In An Amount Up To One Million Seven Hundred Thirty-Six Thousand |
Dollars ($1,736,000.00) |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the March 16, 2006 Rules and Legislation Committee |
to place this item on the agenda for the following reason 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-20
Subject: Todd Blair And John Rogers Professional Services Agreement |
From: Cultural Arts And Marketing Division |
Recommendation: Adopt A Resolution Authorizing The City Administrator To |
Negotiate And Enter Into Professional Services Agreements With Todd Blair And John |
Colle Rogers For Public Art Design And Fabrication Services For The 12th Street |
Reconstruction Project In An Amount Not To Exceed Seventy-Two Thousand Five |
Hundred Dollars ($72,500) Each |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the March 16, 2006 Rules and Legislation Committee |
to place this item on the agenda for the following reason 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-21
Subject: Emergency Preparedness - Follow Up Report |
From: Office Of The City Administrator |
Recommendation: Receive A Follow Up Report On The City Of Oakland's State Of |
Emergency Preparedness, Responding To Councilmember Questions And Requests For |
Additional Information |
The March 14, 2006 Public Safety Committee received and forwarded this |
report to the City Council; 3 Ayes, 1 Excused - Quan |
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) |
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ORA - Oakland Redevelopment Agency |