Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council |
City of Oakland
Online Meeting Agenda
Oakland, California |
94612 |
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, April 6, 2004
Pledge of Allegiance
1
Roll Call / ORA & Council |
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; Jean |
Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang, At-Large, |
and President Ignacio De La Fuente, Dist. 5 |
2
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
3
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. |
4
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) |
5
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. |
6
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on March 16, 2004. |
7
8. PRESENTATION OF CEREMONIAL MATTERS
Subject: Sandre R. Swanson |
From: President De La Fuente and Councilmember Brunner |
Recommendation: Adopt a Resolution declaring Sandre R. Swanson Day in |
Oakland and commending him for 30 years of public service |
8.1
Subject: Sexual Assault Awareness Month |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution declaring April as "Sexual Assault |
Awareness Month" |
8.2
Subject: Students Run Oakland Program |
Recommendation: Adopt a Resolution commending the Students Run Oakland |
(SRO) Program for outstanding achievement and contribution to Oakland youth |
8.3
Subject: National Community Development Week |
Recommendation: Adopt a Resolution declaring April 12-18, 2004, National |
Community Development Week |
8.4
URGENCY ITEM: An urgency finding was made at the April 1, 2004 Rules and |
Legislation Committee to place this item on the agenda. |
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:
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 |
10.1CC
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 |
10.2CC
Subject: Gustavo Fuentes - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Gustavo Fuentes v. Officer A. |
Ramos, et al., United States District Court Case No. C-004647 CW, our file no. |
20481, in the amount of $450,000.000. This case involves a claim of use of |
excessive force and false arrest, (Oakland Police Department-Alleged Civil |
Rights Violation) |
10.3CC
Subject: Donald Jones - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Donald Jones v. City of |
Oakland, et al., United States District Court Case No. C03-3303 WHA, our file |
number 23206, in the amount of $8,000.00. This case involves claims of |
violations of civil rights against Oakland Police Officers (Oakland Police |
Department-Police Conduct) |
10.4CC
Subject: Javad T.M. Jackson - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Javad T. M. Jackson v. City of |
Oakland, et al., United States District Court Case No. C 02 4496 WHA (JCS), |
our file number 22389, in the amount of $250,000.00. (Oakland Police |
Department) |
10.5CC
Subject: Uhuru Cooper - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Uhuru Cooper v. City of |
Oakland, et al., United States District Court Case Number C 02-5926 MHP, our |
file number X01744, in the amount of $35,000.00. This case involves the arrest |
of the plaintiff (Oakland Police Department-Alleged Civil Rights Violation) |
10.6CC
Subject: West Bay Builders, Inc. - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of City of Oakland v. West Bay |
Builders, Inc., Superior Court, County of Alameda, Case No. 840197-1, in the |
amount of $600,000.00. This case involves claims for extra work arising from |
the construction of the Oakland Animal Shelter (Public Works Agency) |
10.7CC
Subject: Alameda Point General Plan Amendment - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of City of Oakland v. City of |
Alameda (Alameda Point General Plan Amendment) on the following terms: |
City will provide $462,000 in traffic and pedestrian safety improvements in |
Oakland Chinatown; City of Alameda will provide an additional $500,000 for |
such improvements in Oakland Chinatown; and the City of Alameda will |
provide $75,000 to cover the cost of establishing and administering an Oakland |
Chinatown Advisory Committee that will advise Oakland and Alameda on |
Chinatown development and environmental review issues (Alameda County |
10.8CC
Superior Court Case Number RG-03133599) |
Subject: Jose Ortiz - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Jose Ortiz v. City of Oakland, et |
al., Alameda County Superior Court Case No. 2002-045451, our file number |
21470, in the amount of $15,000.00. (Oakland Police Department) |
10.9CC
Subject: Salary Ordinance Amendment - Unrepresented Employee |
From: Finance and Management Agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance amending the Salary Schedule of Ordinance Number 12187 C.M.S. |
(the Salary Ordinance) to increase the salaries of Unrepresented Employee job |
classifications in Units UK1, U31, UN1 and UR1 |
Introduction (First Reading) was approved on March 16, 2004: Vote Count - 7 Ayes, 1 |
Excused - Brooks |
Subject: Salary Ordinance Amendment - Classifications |
From: Finance and Mangement Agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance amending the Salary Schedule of Ordinance Number 12187 C.M.S. |
(the Salary Ordinance) to add the classifications of Construction and |
Maintenance Mechanic, PPT, Head Start Facilities Coordinator, Hearing |
Officer, Hearing Officer, PPT, Maintenance Mechanic, PPT, Senior Hearing |
Officer, Senior Hearing Officer, PPT and Web Specialist, and to amend the |
classifications of Police Identification Section Supervisor, Fire Communications |
Dispatcher, Senior, Fire Communications Supervisor, Electrical Engineer II and |
Electrical Engineer III |
Introduction (First Reading) was approved on March 16, 2004: Vote Count - 7 Ayes, 1 |
Excused - Brooks |
Subject: Motorized Scooters |
From: Oakland Police Department |
Recommendation: Adopt a Resolution in support of Assembly Bill 1878 (Chan) |
to amend the California Vehicle Code to provide additional traffic enforcement |
strategies to address problems associated with motorized scooters |
This item was forwarded directly to the City Council agenda by the March 11, 2004 |
Rules and Legislation Committee. |
Subject: Planning Commission Appeal - 4690 Tompkins |
From: Community and Economic Development Agency |
Recommendations: Adopt a Resolution upholding the appeal, reversing the |
decision of the City Planning Commission approving the application, and |
denying the application for a Major Conditional Use Permit to convert an |
existing rest home facility into a twenty-seven unit residential project located at |
4690 Tompkins Avenue, Oakland |
The Public Hearing was conducted at the March 16, 2004 City Council meeting and |
Council directed staff to prepare a Resolution upholding the appeal; 7 Ayes, 1 Excused |
- Brooks |
Subject: Certified Farmers' Market-Mo' Better Foods |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution granting Mo' Better Foods a Conditional |
Revocable Encroachment Permit for a Farmers' Market on Mandela Parkway |
between |
5th Street and the Mandela Parkway BART entrance |
The March 23, 2004 Public Works Committee approved recommendations; 4 Ayes.
Subject: High Street Access Improvements Project - Phase II |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to |
enter into a professional services agreement with TY Lin International/CCS for |
design services for the 42nd Avenue and High Street Access Improvements |
Project - Phase II (City Project Number C98510) for an amount not to exceed |
one million thirty-seven thousand nine hundred eighty-three dollars ($1,037, |
983) |
The March 23, 2004 Public Works Committee approved recommendations; 4 Ayes.
Subject: Traffic Islands Project |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing award of a construction |
contract to A. J. W. Construction Company for the Traffic Islands Project ( |
Project No. C158910) in the amount of two hundred eighteen thousand five |
hundred fifty-four dollars and fifty cents |
($218,554.50) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, |
THIS ITEM REQUIRES A 2/3 VOTE) |
The March 23, 2004 Public Works Committee approved recommendations; 4 Ayes.
Subject: Landscaping and Lighting Assessment District |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution initiating the Fiscal Year 2004-2005 |
assessment process for the City of Oakland Landscaping and Lighting |
Assessment District and authorizing the City Administrator to order an |
engineer's report pursuant to the California Streets and Highways Code |
The March 23, 2004 Finance and Management Committee approved recommendations; |
4 Ayes. |
Subject: Capital Expenditures - Oakland Sewer System |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution declaring the official intent of the City of |
Oakland regarding certain capital expenditures for the City of Oakland's sewer |
system to be reimbursed from the proceeds of a tax-exempt obligation |
The March 23, 2004 Finance and Management Committee approved recommendations; |
4 Ayes. |
Subject: City of Oakland's Sun Enterprise Server System |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to |
execute a Master Agreement with Sun Microsystems, Inc. ("SUN") and Sun |
Microsystems Finance, Inc.("Sun Finance") in order to acquire equipment and |
necessary services contracts to refresh the City's Sun server platform in an |
amount not to exceed three million six hundred twenty-six thousand five |
hundred sixty dollars ($3,626,560); and authorizing the City Administrator to |
execute contracts with third party vendors for equipment and services required |
to support the refresh of the Sun Server platform in an amount not to exceed |
four hundred thirteen thousand dollars ($413,000); and authorizing the City |
Administrator to execute a master lease-purchase agreement and related |
documents with Sun Finance for financing in an amount not to exceed four |
million thirty-nine thousand five hundred and sixty dollars ($4,039,560), plus |
the cost of financing. |
REVISED RECOMMENDATION: The March 23, 2004 Finance and Management |
Committee approved recommendations and directed staff to prepare a Supplemental |
Report that lists the cost for this project and also includes buy-out information; 4 Ayes |
Subject: Information Technology Cost Savings |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator or her |
designee to negotiate contracts for the technology cost savings measures and |
projects identified in the City Administrator's report with return to the City |
Council for review and approval of the necessary Resolutions and contracts |
REVISED RECOMMENDATION: The March 23, 2004 Finance and Management |
Committee approved the recommended projects with the exception of Voice Over |
Internet Protocol (VOIP) and the Network Upgrade and directed staff to return to |
Committee with a follow-up report that includes: feasibility and options for project |
segmentation and experimentation with the cost of switching over; cities currently using |
Shoreline with the number of lines supported; cities with VOIP technology and their |
providers; and an outline of services included in the contract cost with itemized cost |
savings; 4 Ayes |
Subject: Sale of Multiple City-owned Properties |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation regarding the sale and |
development of City-owned properties: |
1) Adopt an Agency Resolution authorizing the sale at fair market value of the |
duplex at 1072 55th Street to an owner-occupant; and |
2) Approve the Introduction (First Reading) of an Ordinance authorizing the |
sale of two lots on Dover Street at 57th Street to the Rotary Club of Oakland, |
Inc., at no cost for development with affordable housing by the Peralta |
Community College District; and |
Final Passage (Second Reading) has been scheduled for April 20, 2004.
3) Approve the Introduction (First Reading) of an Ordinance rescinding |
Ordinance Number 12220 C.M.S. and authorizing a Disposition and |
Development Agreement with Richard N. Pukatch for the sale at fair market |
value and development of three City-owned properties at 1430 8th Street, 816 |
Center Street, and 1728 14th Street with market-rate housing |
Final Passage (Second Reading) has been scheduled for April 20, 2004. |
The March 23, 2004 Community and Economic Development Committee approved |
recommendations; 4 Ayes. |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing the Agency |
Administrator to negotiate and execute a Third Amendment to the Exclusive |
Negotiating Agreement between the Redevelopment Agency and Forest City |
Residential West, Inc. regarding development of the Uptown Project in |
downtown Oakland by extending the Exclusive Negotiating Agreement for an |
additional term of sixty (60) days, resulting in a total exclusive negotiating |
agreement term of 23 months (TITLE CHANGE) |
The March 23, 2004 Community and Economic Development Committee approved |
recommendations; 4 Ayes. |
Subject: Commercial Lending Programs |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation regarding the City's |
commercial lending programs: |
1) Adopt a Resolution amending Resolution Number 76972 C.M.S., and |
authorizing the City Administrator to negotiate an amended agreement with the |
Oakland Business Development Corporation to increase their lending authority |
for City commercial loans from $100,000 to $249,500, and return to the |
Community and Economic Development Committee for approval to execute the |
negotiated agreement (TITLE CHANGE); and |
2) Adopt an Agency Resolution authorizing the Agency Administrator to |
negotiate an agreement with the Oakland Business Development Corporation |
for services to include the underwriting and approval of commercial loans in |
amounts not to exceed $249,500, and return to the Community and Economic |
Development Committee to execute the negotiated agreement (TITLE |
CHANGE) |
REVISED RECOMMENDATION: The March 23, 2004 Community and Economic |
Development Committee approved recommendations as amended to revise the |
Resolutions to require staff to return to Committee with the negotiated agreement. The |
Committee also directed staff to provide a Supplemental report adding a column to the |
loan program chart showing job creation numbers and the defaulted loan percentage; 4 |
Ayes |
Subject: Marcus A. Foster Educational Institute |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to |
negotiate and execute an amendment to the agreement with the Marcus A. |
Foster Educational Institute for additional services for the Children and Youth |
Grants Program and increasing the amount of the existing agreement by $144, |
006 to a total amount not to exceed $244,006 |
The March 23, 2004 Life Enrichment Committee approved recommendations; 4 Ayes.
Subject: Paratransit Services |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to |
increase contracts with Bay Area Community Services; At Your Services (AYS) |
; V.I.P. Inc.; Friendly Transportation; and Veterans Transportation by $95,000 |
for a total amount not to exceed $895,000 for Fiscal Year 2003-2004 to |
continue paratransit services for frail seniors and adults with mobility disabilities |
The March 23, 2004 Life Enrichment Committee approved recommendations; 4 Ayes.
Subject: Lake Merritt Master Plan - Wallace Roberts & Todd, Inc. |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing Amendment No. 2 to the |
professional services agreement with Wallace Roberts & Todd, Inc., to provide |
design services for the Lake Merritt Master Plan project for an amount not to |
exceed one million two hundred fifty thousand dollars ($1,250,000), bringing |
the total contract amount to one million seven hundred fifty four thousand eight |
hundred eighty-five dollars ($1,754,885) |
REVISED RECOMMENDATION: The March 23, 2004 Life Enrichment Committee |
approved recommendations and directed staff to include a critical path timeline in the |
contract to further ensure timely completion of the contract and to prepare a |
Supplemental report identifying the projects and funds allocated by Council for the |
Series A bonds; 4 Ayes. |
Subject: 26th Avenue Street Closure |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution of the City Council of the City of |
Oakland adopting rules and regulations to partially and permanently close 26th |
Avenue between the 2400 and 2600 block through appropriate roadway design |
features to protect public safety and implement the City's Transportation Plan |
The March 23, 2004 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Federal Local Law Enforcement Block Grant |
From: Oakland Police Department |
Recommendation: Adopt a Resolution amending Resolution No. 78106 C.M.S. |
authorizing the acceptance and appropriation of eight hundred seventy-nine |
thousand, one hundred seventy-seven dollars ($879,177) in Federal Local Law |
Enforcement Block Grant (LLEBG) Funds to the Police Department and ninety |
-seven thousand, six hundred eighty-six dollars ($97,686) in matching funds |
from State Citizen's Options for Public Safety (COPS) funds to supplement |
front line policing efforts by providing additional support personnel and |
community outreach |
REVISED RECOMMENDATION: The March 23, 2004 Public Safety Committee |
approved recommendations with the condition that staff identify alternatives to support |
the Family Violence Prevention Program as a whole; 4 Ayes. |
Subject: Oakland Army Base Public Trust Exchange Act |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation in support of Senate Bill 1435 |
: |
1) Adopt a Resolution supporting State legislation regarding a Public Trust |
Land Exchange at the former Oakland Army Base and authorizing the City |
Administrator to negotiate and enter into an exchange agreement with the |
State Lands Commission and to take all other necessary actions to effectuate |
the exchange; and |
2) Adopt an Agency Resolution supporting State legislation regarding a Public |
Trust Land Exchange at the former Oakland Army Base and authorizing the |
Agency Administrator to negotiate and enter into an exchange agreement with |
the State Lands Commission and to take all other necessary actions to |
effectuate the exchange |
The March 25, 2004 Rules and Legislation Committee approved recommendations; 4 |
Ayes. |
Subject: Sulphur Springs Park Re-Naming |
From: Office of Parks and Recreation |
Recommendation: Adopt a Resolution authorizing the re-naming of Sulphur |
Springs Park to Marjorie Saunders Park |
The March 25, 2004 Rules and Legislation Committee approved recommendations; 3 |
Ayes, 1 Absent - Wan |
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed |
Session |
11
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
Sunshine Ordinance |
12
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Reconsideration of Ordinances pursuant to Charter Section 216
13
14. Consideration of items with statutory Public Hearing Requirements:
Subject: Tree Removal Appeal - 300 Elysian Fields Drive - Public Hearing |
From: Office of Parks and Recreation |
Recommendation: Conduct a continued Public Hearing and upon conclusion |
adopt a Resolution denying the appeal filed by Stefanie Y. Gandolfi against the |
decision of the Director of the Office of Parks and Recreation approving the |
issuance of Tree Removal Permit DR03-123 at 300 Elysian Fields Drive ( |
Councilmember Reid, District 7) |
14.1
This item was continued from the January 20, 2004 City Council Meeting.
Subject: Lease and Revenue Bonds - Interest Rate Swaps - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the |
following legislation regarding the issuance and sale of Lease Revenue Bonds: |
1) Approve the Final Passage (Second Reading) of Ordinance authorizing the |
City to enter into a lease and sublease with the Oakland Joint Powers |
Financing Authority in connection with the issuance by the Oakland Joint |
Powers Financing Authority of certain Lease Revenue Bonds, and authorizing |
the taking of all necessary actions relating to such financing; and the |
publication of the Notice and Digest and certain other related matters; and |
14.2
The March 23, 2004 Finance and Management Committee approved recommendations; |
3 Ayes, 1 Abstain - Brunner |
Final Passage (Second Reading) has been scheduled for April 20, 2004. |
2) Adopt a Joint Powers Financing Authority Resolution authorizing the |
issuance and sale of the Lease Revenue Bonds (Oakland Administration |
Building) Series 2004, in two series, in an aggregate principal amount not to |
exceed one hundred thirty-five million dollars ($135,000,000); authorizing the |
execution and delivery of a trust agreement, lease, sublease, escrow |
agreement, bond purchase agreements, approving the form of and authorizing |
the distribution of a preliminary official statement and authorizing execution and |
delivery of an official statement; approving the retention of bond counsel and |
other agents; authorizing payment of costs of issuance; and |
Item 14.2-2 was withdrawn and rescheduled to the April 20, 2004 City Council agenda.
3) Adopt a Resolution approving the issuance by the Oakland Joint Powers |
Financing Authority of Lease Revenue Bonds, in one or more series, of not to |
exceed one hundred thirty-five million dollars ($135,000,000) aggregate |
principal amount; approving the form of and authorizing the execution and |
delivery of bond purchase agreements; authorizing the City Manager to secure |
one or more swaps for a synthetic fixed rate transaction; and authorizing |
execution of documents and the taking of all necessary actions relating to the |
bonds and the swap and authorizing necessary actions relating to the lease |
financing with the Oakland Joint Powers Financing Authority |
Item 14.2-3 was withdrawn and rescheduled to the April 20, 2004 City Council agenda.
Subject: Oak Center Redevelopment Project Area - Public Hearing |
From: Community and Economic and Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the |
following legislation: |
1) An Agency Resolution authorizing capital improvement spending for the Oak |
Center Redevelopment Project Area, in an amount not to exceed $600,000, |
including a contract to improve the Oak Center Cultural Center, for $50,000, |
and authorizing the Agency Administrator to enter into contracts for the work |
without returning to the Agency; and |
14.3
REVISED RECOMMENDATION: At the March 23, 2004 Community and Economic |
Development Committee approved recommendations as amended by staff to revise the |
Resolution to delete the first "Further Resolved" related to staff negotiating the |
appropriate agreements to accomplish the work without returning to the Agency; 4 Ayes |
2) Adopt a Resolution consenting to the use of Redevelopment Agency funds |
for public improvements to City facilities in the Oak Center Redevelopment |
Project Area (Councilmember Nadel, District 3) |
The March 23, 2004 Community and Economic Development Committee approved |
recommendations; 4 Ayes |
Subject: Citizen's Option For Public Safety - Public Hearing |
From: Oakland Police Department |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
Resolution implementing California Government Code Sections 30061-30065 |
establishing in each County Treasury a Supplemental Law Enforcement |
Services Fund (SLESF) to distribute "Citizen's Option for Public Safety" funds |
to local Jurisdictions, and appropriating six hundred fourteen thousand twenty- |
seven dollars ($614,027) in eighth year funding for the "Citizen's Option For |
Public Safety" (COPS) Grant to the Police Department and approving the |
14.4
Fiscal Year 2003-2005 Spending Plan submitted by the Chief of Police |
The March 23, 2004 Public Safety Committee approved recommendations; 4 Ayes.
ACTION ON NON-CONSENT ITEMS:
Subject: Assembly Bill 1967 |
California Marriage License Non-Discrimination Act |
Recommendation: Adopt a Resolution supporting Assembly Bill 1967, the " |
California Marriage License Non-Discrimination Act" |
15
TIME SENSITIVE: This item was forwarded directly to the Council agenda due to its |
time-sensitive nature as determined by the March 25, 2004, Rules and Legislation |
Committee. |
Subject: Assembly Joint Resolution 67 - Federal Marriage Amendment |
Recommendation: Adopt a Resolution urging defeat of the proposed Federal |
Marriage Amendment (House Joint Resolution 56 & Senate Joint Resolution 26 |
) and the proposed Assembly Joint Resolution endorsing a Federal Marriage |
Amendment (AJR No. 67) |
15.1
TIME SENSITIVE: This item was forwarded directly to the Council agenda due to its |
time-sensitive nature as determined by the March 25, 2004, Rules and Legislation |
Committee. |
Subject: Illegal Activities Evictions - Alternative " Z " |
From: Office of the City Attorney |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance requiring rental property owners to evict tenants engaged in certain |
illegal activities on the premises and including off-premises drug related |
activities that use the premises to further the off-premises illegal drug activity |
and authorizing the City Attorney to accept assignment of eviction causes of |
action from rental property owners for evictions involving certain illegal |
activities by establishing Section 8.23.100 of the Oakland Municipal Code, " |
Nuisance Eviction Ordinance" |
16
Introduction (First Reading) was approved on March 16, 2004: Vote Count - 6 Ayes, 1 |
Abstain - Nadel; 1 Excused - Brooks |
Subject: 25-Year Alameda Countywide Transportation Plan |
From: Public Works Agency |
Recommendation: Receive a report and provide direction on transportation |
projects the City should propose for inclusion in the 25-Year Alameda |
Countywide Transportation Plan |
17
The March 9, 2004 Public Works and Community and Economic Development |
Committees forwarded this item without recommendations for further discussion and to |
provide direction to staff. |
Subject: Senate Bill 1366 - Release of Sexual Predators |
From: Councilmember Brooks |
Recommendation: Adopt a Resolution declaring the City of Oakland's support |
of Senate Bill 1366 which would require that sexual predators be returned to |
the county where they were convicted except under extraordinary |
circumstances, and mandate notification of local law enforcement 45 days prior |
to release |
18
TIME SENSITIVE: This item was forwarded directly to the Council agenda due to its |
time-sensitive nature as determined by the March 25, 2004, Rules and Legislation |
Committee. |
Subject: Main Street Program - Council District Six |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to |
negotiate and execute an agreement for a Professional Services Contract with |
OCCUR Community Information Service ("OCCUR") pursuant to which |
OCCUR will provide Main Street consulting services for establishment of a |
Main Street Program in City Council District Six in an amount not to exceed $ |
187,500, utilizing the services of Mills College and California Main Street |
Alliance (TITLE CHANGE) |
19
The March 16, 2004 City Council approved the recommendation of the March 9, 2004 |
Community and Economic Development Committee which directed staff to conduct an |
informal bid process for a professional service agreement to provide Main Street |
services and return directly to Council on April 6, 2004 for award of the contract; Vote |
Count: 7 Ayes, 1 Excused - Brooks |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of the Sunshine |
Ordinance requiring a 2/3 majority vote |
Subject: Palm Villas Project |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing a grant in an |
amount not to exceed $1,100,000 to MacArthur Park Development Associates, |
LLC, to cover additional costs for the development of the final phase of the |
Palm Villas Project on MacArthur Boulevard between 90th and 94th Avenues |
20
The March 9, 2004 Community and Economic Development Committee approved |
recommendations; 4 Ayes |
Subject: Affordable Housing Developer Funding |
From: Community and Economic Development Agency |
Recommendation: A follow-up report regarding staff recommendations to 1) |
increase the maximum income levels for the use of Redevelopment Agency |
Affordable Housing Funds for ownership housing projects to 120% of median |
income as long as the average income in the project does not exceed 100% of |
median income; and 2) use approximately $3.2 million in unallocated affordable |
housing funds to issue a new Notice of Funding Availability (NOFA) for |
homeownership and rehabilitation of existing affordable rental housing |
21
REVISED RECOMMENDATIONS: The March 9, 2004 Community and Economic |
Development Committee adopted a Bifurcated Motion as follows: |
1) Approve increasing the maximum income levels for the use of Redevelopment |
Agency Affordable Housing Funds for ownership housing projects to 120% of median |
income as long as the average income in the project does not exceed 100% of median |
income: 3 Ayes; 1 No -Brunner |
2) Revise staff's recommendation to use the $3,118,850 in unallocated affordable |
housing funds as follows: 1) $1,100,000 for the Palm Villas project; and 2) the remaining |
$2,018,850 for the MLK-MacArthur BART Senior Housing project; 4 Ayes |
Subject: MLK/BART Senior Homes Project |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing an affordable |
housing development loan in an amount not to exceed $2,018,850 to Oakland |
Community Housing, Inc. and Community Development Corporation of |
Oakland for the MLK/BART Senior Homes Project located at 3823-3837 Martin |
Luther King Jr. Way and consolidating an existing $52,000 site acquisition loan |
with the development loan for a total development loan in an amount not to |
exceed $2,070,850 |
21.1
This Resolution was prepared at the direction of the March 9, 2004 Community and |
Economic Development Committee; 4 Ayes |
Subject: MLK/BART Senior Homes Project |
From: Community and Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
authorizing the negotiation and execution of an agreement with Oakland |
Community Housing, Inc., and Community Development Corporation of |
Oakland to provide for the transfer at no cost of the City-owned lot at 3823 |
Martin Luther King Jr. Way for its inclusion in the MLK/BART Senior Homes |
Project |
21.2
Final Passage (Second Reading) has been scheduled for April 20, 2004. |
Items 20 through 21.2 are related. |
Subject: Traffic Signal Projects |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to |
award a construction contract to W. Bradley Electric for the traffic signal |
22
projects at the intersections of International Boulevard at 25th Avenue, |
Broadway at Broadway Terrace, and Broadway at College Avenue (City Project |
No. C159310 & C160210) in the amount of three hundred sixty-two thousand |
seven hundred fifty-three dollars and ninety-five cents ($362,753.95)( |
PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM |
REQUIRES A 2/3 VOTE) |
REVISED RECOMMENDATION: The March 23, 2004 Public Works Committee |
requested an updated traffic signal project list prior to this item being heard at Council; 2 |
Ayes, 2 Abstain - Brooks, Nadel |
Subject: Oakland School for the Arts |
From: Office of the City Administrator |
Recommendation: Adopt an Agency Resolution authorizing the Agency |
Administrator to enter into a lease agreement with the Oakland School for the |
Arts under which the school will pay $1,000 per month to occupy the parking |
lots behind and to the west of the Fox Theater and bounded by 18th and 19th |
Streets and San Pablo Avenue for a period from April 12, 2004 to July 1, 2006 |
for the purpose of constructing and operating the facilities necessary to house |
the Oakland School for the Arts |
23
REVISED RECOMMENDATION: The March 23, 2004 Community and Economic |
Development Committee approved recommendations and directed staff to provide a |
Supplemental report addressing the parking and street lighting issues for the ice rink |
patrons; 4 Ayes |
Subject: Warren Freeway State Route 13-Scenic Highway Status |
Recommendation: Adopt a Resolution urging the Legislature of the State of |
California to enact legislation declaring the Warren Freeway, State Route 13, |
eligible for Scenic Highway status |
24
TIME SENSITIVE: This item was forwarded directly to the Council agenda due to its |
time-sensitive nature as determined by the March 25, 2004 Rules and Legislation |
Committee. |
Subject: Travel Authorization |
From: Councilmembers Brunner and Wan |
Recommendation: Adopt a Resolution authorizing Councilmember Jane |
Brunner and Councilmember Danny Wan's travel to Washington, D.C. on |
March 17-19, 2004 to meet with Federal officials |
25
This item was forwarded directly to the City Council agenda by the March 25, 2004 |
Rules and Legislation Committee. |
Subject: Jamilah Jefferson - Citizens Police Review Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Jamilah Jefferson as a |
member of the Citizens Police Review Board |
26
Subject: Voter Approval on Local Tax Funds |
Recommendation: Adopt a Resolution expressing the City of Oakland's support |
for a statewide ballot intiative to require voter approval before state |
government may take local tax funds |
27
The April 1, 2004 Rules and Legislation Committee approved recommendations; 3 |
Ayes, 1 Excused - De La Fuente |
Subject: Assembly Bill 2318 - California Public Records Act |
From: Office of the City Auditor |
Recommendation: Adopt a Resolution in support of Assembly Bill 2318, a |
proposal to amend the Government Code for the purpose of allowing the City |
Auditor to exempt from disclosure of certain information otherwise made |
available to the public under the California Public Records Act |
28
The April 1, 2004 Rules and Legislation Committee approved recommendations; 3 |
Ayes, 1 Excused - De La Fuente |
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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. |
Recorded Agenda (510) 238-2386 |
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