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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, April 6, 2004
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; Nancy Nadel, Dist. 3; Jean |
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Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor 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 non- |
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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 March 16, 2004. |
7
8. PRESENTATION OF CEREMONIAL MATTERS
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Subject: Sandre R. Swanson |
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From: President De La Fuente and Councilmember Brunner |
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Recommendation: Adopt a Resolution declaring Sandre R. Swanson Day in |
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Oakland and commending him for 30 years of public service |
8.1
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Subject: Sexual Assault Awareness Month |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution declaring April as "Sexual Assault |
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Awareness Month" |
8.2
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Subject: Students Run Oakland Program |
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Recommendation: Adopt a Resolution commending the Students Run Oakland |
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(SRO) Program for outstanding achievement and contribution to Oakland youth |
8.3
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Subject: National Community Development Week |
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Recommendation: Adopt a Resolution declaring April 12-18, 2004, National |
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Community Development Week |
8.4
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URGENCY ITEM: An urgency finding was made at the April 1, 2004 Rules and |
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Legislation Committee to place this item on the agenda. |
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This item requires an urgency finding pursuant to Section 2.20.080 E(2) of the Sunshine |
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Ordinance requiring a 2/3 majority vote |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
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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: Gustavo Fuentes - 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 Gustavo Fuentes v. Officer A. |
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Ramos, et al., United States District Court Case No. C-004647 CW, our file no. |
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20481, in the amount of $450,000.000. This case involves a claim of use of |
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excessive force and false arrest, (Oakland Police Department-Alleged Civil |
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Rights Violation) |
10.3CC
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Subject: Donald Jones - 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 Donald Jones v. City of |
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Oakland, et al., United States District Court Case No. C03-3303 WHA, our file |
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number 23206, in the amount of $8,000.00. This case involves claims of |
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violations of civil rights against Oakland Police Officers (Oakland Police |
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Department-Police Conduct) |
10.4CC
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Subject: Javad T.M. Jackson - 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 Javad T. M. Jackson v. City of |
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Oakland, et al., United States District Court Case No. C 02 4496 WHA (JCS), |
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our file number 22389, in the amount of $250,000.00. (Oakland Police |
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Department) |
10.5CC
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Subject: Uhuru Cooper - 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 Uhuru Cooper v. City of |
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Oakland, et al., United States District Court Case Number C 02-5926 MHP, our |
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file number X01744, in the amount of $35,000.00. This case involves the arrest |
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of the plaintiff (Oakland Police Department-Alleged Civil Rights Violation) |
10.6CC
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Subject: West Bay Builders, Inc. - 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 City of Oakland v. West Bay |
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Builders, Inc., Superior Court, County of Alameda, Case No. 840197-1, in the |
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amount of $600,000.00. This case involves claims for extra work arising from |
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the construction of the Oakland Animal Shelter (Public Works Agency) |
10.7CC
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Subject: Alameda Point General Plan Amendment - 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 City of Oakland v. City of |
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Alameda (Alameda Point General Plan Amendment) on the following terms: |
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City will provide $462,000 in traffic and pedestrian safety improvements in |
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Oakland Chinatown; City of Alameda will provide an additional $500,000 for |
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such improvements in Oakland Chinatown; and the City of Alameda will |
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provide $75,000 to cover the cost of establishing and administering an Oakland |
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Chinatown Advisory Committee that will advise Oakland and Alameda on |
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Chinatown development and environmental review issues (Alameda County |
10.8CC
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Superior Court Case Number RG-03133599) |
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Subject: Jose Ortiz - 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 Jose Ortiz v. City of Oakland, et |
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al., Alameda County Superior Court Case No. 2002-045451, our file number |
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21470, in the amount of $15,000.00. (Oakland Police Department) |
10.9CC
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Subject: Salary Ordinance Amendment - Unrepresented Employee |
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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 Number 12187 C.M.S. |
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(the Salary Ordinance) to increase the salaries of Unrepresented Employee job |
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classifications in Units UK1, U31, UN1 and UR1 |
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Introduction (First Reading) was approved on March 16, 2004: Vote Count - 7 Ayes, 1 |
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Excused - Brooks |
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Subject: Salary Ordinance Amendment - Classifications |
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From: Finance and Mangement 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 Number 12187 C.M.S. |
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(the Salary Ordinance) to add the classifications of Construction and |
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Maintenance Mechanic, PPT, Head Start Facilities Coordinator, Hearing |
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Officer, Hearing Officer, PPT, Maintenance Mechanic, PPT, Senior Hearing |
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Officer, Senior Hearing Officer, PPT and Web Specialist, and to amend the |
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classifications of Police Identification Section Supervisor, Fire Communications |
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Dispatcher, Senior, Fire Communications Supervisor, Electrical Engineer II and |
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Electrical Engineer III |
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Introduction (First Reading) was approved on March 16, 2004: Vote Count - 7 Ayes, 1 |
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Excused - Brooks |
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Subject: Motorized Scooters |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution in support of Assembly Bill 1878 (Chan) |
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to amend the California Vehicle Code to provide additional traffic enforcement |
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strategies to address problems associated with motorized scooters |
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This item was forwarded directly to the City Council agenda by the March 11, 2004 |
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Rules and Legislation Committee. |
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Subject: Planning Commission Appeal - 4690 Tompkins |
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From: Community and Economic Development Agency |
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Recommendations: Adopt a Resolution upholding the appeal, reversing the |
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decision of the City Planning Commission approving the application, and |
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denying the application for a Major Conditional Use Permit to convert an |
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existing rest home facility into a twenty-seven unit residential project located at |
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4690 Tompkins Avenue, Oakland |
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The Public Hearing was conducted at the March 16, 2004 City Council meeting and |
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Council directed staff to prepare a Resolution upholding the appeal; 7 Ayes, 1 Excused |
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- Brooks |
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Subject: Certified Farmers' Market-Mo' Better Foods |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution granting Mo' Better Foods a Conditional |
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Revocable Encroachment Permit for a Farmers' Market on Mandela Parkway |
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between |
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5th Street and the Mandela Parkway BART entrance |
The March 23, 2004 Public Works Committee approved recommendations; 4 Ayes.
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Subject: High Street Access Improvements Project - Phase II |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to |
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enter into a professional services agreement with TY Lin International/CCS for |
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design services for the 42nd Avenue and High Street Access Improvements |
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Project - Phase II (City Project Number C98510) for an amount not to exceed |
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one million thirty-seven thousand nine hundred eighty-three dollars ($1,037, |
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983) |
The March 23, 2004 Public Works Committee approved recommendations; 4 Ayes.
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Subject: Traffic Islands Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing award of a construction |
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contract to A. J. W. Construction Company for the Traffic Islands Project ( |
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Project No. C158910) in the amount of two hundred eighteen thousand five |
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hundred fifty-four dollars and fifty cents |
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($218,554.50) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, |
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THIS ITEM REQUIRES A 2/3 VOTE) |
The March 23, 2004 Public Works Committee approved recommendations; 4 Ayes.
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Subject: Landscaping and Lighting Assessment District |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution initiating the Fiscal Year 2004-2005 |
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assessment process for the City of Oakland Landscaping and Lighting |
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Assessment District and authorizing the City Administrator to order an |
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engineer's report pursuant to the California Streets and Highways Code |
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The March 23, 2004 Finance and Management Committee approved recommendations; |
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4 Ayes. |
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Subject: Capital Expenditures - Oakland Sewer System |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution declaring the official intent of the City of |
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Oakland regarding certain capital expenditures for the City of Oakland's sewer |
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system to be reimbursed from the proceeds of a tax-exempt obligation |
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The March 23, 2004 Finance and Management Committee approved recommendations; |
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4 Ayes. |
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Subject: City of Oakland's Sun Enterprise Server System |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to |
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execute a Master Agreement with Sun Microsystems, Inc. ("SUN") and Sun |
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Microsystems Finance, Inc.("Sun Finance") in order to acquire equipment and |
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necessary services contracts to refresh the City's Sun server platform in an |
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amount not to exceed three million six hundred twenty-six thousand five |
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hundred sixty dollars ($3,626,560); and authorizing the City Administrator to |
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execute contracts with third party vendors for equipment and services required |
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to support the refresh of the Sun Server platform in an amount not to exceed |
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four hundred thirteen thousand dollars ($413,000); and authorizing the City |
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Administrator to execute a master lease-purchase agreement and related |
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documents with Sun Finance for financing in an amount not to exceed four |
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million thirty-nine thousand five hundred and sixty dollars ($4,039,560), plus |
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the cost of financing. |
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REVISED RECOMMENDATION: The March 23, 2004 Finance and Management |
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Committee approved recommendations and directed staff to prepare a Supplemental |
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Report that lists the cost for this project and also includes buy-out information; 4 Ayes |
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Subject: Information Technology Cost Savings |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator or her |
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designee to negotiate contracts for the technology cost savings measures and |
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projects identified in the City Administrator's report with return to the City |
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Council for review and approval of the necessary Resolutions and contracts |
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REVISED RECOMMENDATION: The March 23, 2004 Finance and Management |
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Committee approved the recommended projects with the exception of Voice Over |
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Internet Protocol (VOIP) and the Network Upgrade and directed staff to return to |
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Committee with a follow-up report that includes: feasibility and options for project |
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segmentation and experimentation with the cost of switching over; cities currently using |
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Shoreline with the number of lines supported; cities with VOIP technology and their |
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providers; and an outline of services included in the contract cost with itemized cost |
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savings; 4 Ayes |
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Subject: Sale of Multiple City-owned Properties |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following legislation regarding the sale and |
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development of City-owned properties: |
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1) Adopt an Agency Resolution authorizing the sale at fair market value of the |
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duplex at 1072 55th Street to an owner-occupant; and |
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2) Approve the Introduction (First Reading) of an Ordinance authorizing the |
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sale of two lots on Dover Street at 57th Street to the Rotary Club of Oakland, |
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Inc., at no cost for development with affordable housing by the Peralta |
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Community College District; and |
Final Passage (Second Reading) has been scheduled for April 20, 2004.
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3) Approve the Introduction (First Reading) of an Ordinance rescinding |
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Ordinance Number 12220 C.M.S. and authorizing a Disposition and |
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Development Agreement with Richard N. Pukatch for the sale at fair market |
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value and development of three City-owned properties at 1430 8th Street, 816 |
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Center Street, and 1728 14th Street with market-rate housing |
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Final Passage (Second Reading) has been scheduled for April 20, 2004. |
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The March 23, 2004 Community and Economic Development Committee approved |
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recommendations; 4 Ayes. |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution authorizing the Agency |
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Administrator to negotiate and execute a Third Amendment to the Exclusive |
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Negotiating Agreement between the Redevelopment Agency and Forest City |
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Residential West, Inc. regarding development of the Uptown Project in |
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downtown Oakland by extending the Exclusive Negotiating Agreement for an |
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additional term of sixty (60) days, resulting in a total exclusive negotiating |
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agreement term of 23 months (TITLE CHANGE) |
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The March 23, 2004 Community and Economic Development Committee approved |
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recommendations; 4 Ayes. |
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Subject: Commercial Lending Programs |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following legislation regarding the City's |
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commercial lending programs: |
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1) Adopt a Resolution amending Resolution Number 76972 C.M.S., and |
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authorizing the City Administrator to negotiate an amended agreement with the |
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Oakland Business Development Corporation to increase their lending authority |
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for City commercial loans from $100,000 to $249,500, and return to the |
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Community and Economic Development Committee for approval to execute the |
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negotiated agreement (TITLE CHANGE); and |
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2) Adopt an Agency Resolution authorizing the Agency Administrator to |
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negotiate an agreement with the Oakland Business Development Corporation |
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for services to include the underwriting and approval of commercial loans in |
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amounts not to exceed $249,500, and return to the Community and Economic |
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Development Committee to execute the negotiated agreement (TITLE |
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CHANGE) |
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REVISED RECOMMENDATION: The March 23, 2004 Community and Economic |
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Development Committee approved recommendations as amended to revise the |
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Resolutions to require staff to return to Committee with the negotiated agreement. The |
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Committee also directed staff to provide a Supplemental report adding a column to the |
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loan program chart showing job creation numbers and the defaulted loan percentage; 4 |
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Ayes |
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Subject: Marcus A. Foster Educational Institute |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Administrator to |
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negotiate and execute an amendment to the agreement with the Marcus A. |
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Foster Educational Institute for additional services for the Children and Youth |
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Grants Program and increasing the amount of the existing agreement by $144, |
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006 to a total amount not to exceed $244,006 |
The March 23, 2004 Life Enrichment Committee approved recommendations; 4 Ayes.
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Subject: Paratransit Services |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Administrator to |
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increase contracts with Bay Area Community Services; At Your Services (AYS) |
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; V.I.P. Inc.; Friendly Transportation; and Veterans Transportation by $95,000 |
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for a total amount not to exceed $895,000 for Fiscal Year 2003-2004 to |
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continue paratransit services for frail seniors and adults with mobility disabilities |
The March 23, 2004 Life Enrichment Committee approved recommendations; 4 Ayes.
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Subject: Lake Merritt Master Plan - Wallace Roberts & Todd, Inc. |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing Amendment No. 2 to the |
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professional services agreement with Wallace Roberts & Todd, Inc., to provide |
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design services for the Lake Merritt Master Plan project for an amount not to |
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exceed one million two hundred fifty thousand dollars ($1,250,000), bringing |
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the total contract amount to one million seven hundred fifty four thousand eight |
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hundred eighty-five dollars ($1,754,885) |
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REVISED RECOMMENDATION: The March 23, 2004 Life Enrichment Committee |
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approved recommendations and directed staff to include a critical path timeline in the |
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contract to further ensure timely completion of the contract and to prepare a |
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Supplemental report identifying the projects and funds allocated by Council for the |
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Series A bonds; 4 Ayes. |
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Subject: 26th Avenue Street Closure |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution of the City Council of the City of |
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Oakland adopting rules and regulations to partially and permanently close 26th |
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Avenue between the 2400 and 2600 block through appropriate roadway design |
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features to protect public safety and implement the City's Transportation Plan |
The March 23, 2004 Public Safety Committee approved recommendations; 4 Ayes.
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Subject: Federal Local Law Enforcement Block Grant |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution amending Resolution No. 78106 C.M.S. |
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authorizing the acceptance and appropriation of eight hundred seventy-nine |
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thousand, one hundred seventy-seven dollars ($879,177) in Federal Local Law |
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Enforcement Block Grant (LLEBG) Funds to the Police Department and ninety |
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-seven thousand, six hundred eighty-six dollars ($97,686) in matching funds |
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from State Citizen's Options for Public Safety (COPS) funds to supplement |
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front line policing efforts by providing additional support personnel and |
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community outreach |
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REVISED RECOMMENDATION: The March 23, 2004 Public Safety Committee |
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approved recommendations with the condition that staff identify alternatives to support |
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the Family Violence Prevention Program as a whole; 4 Ayes. |
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Subject: Oakland Army Base Public Trust Exchange Act |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following legislation in support of Senate Bill 1435 |
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: |
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1) Adopt a Resolution supporting State legislation regarding a Public Trust |
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Land Exchange at the former Oakland Army Base and authorizing the City |
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Administrator to negotiate and enter into an exchange agreement with the |
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State Lands Commission and to take all other necessary actions to effectuate |
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the exchange; and |
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2) Adopt an Agency Resolution supporting State legislation regarding a Public |
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Trust Land Exchange at the former Oakland Army Base and authorizing the |
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Agency Administrator to negotiate and enter into an exchange agreement with |
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the State Lands Commission and to take all other necessary actions to |
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effectuate the exchange |
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The March 25, 2004 Rules and Legislation Committee approved recommendations; 4 |
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Ayes. |
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Subject: Sulphur Springs Park Re-Naming |
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From: Office of Parks and Recreation |
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Recommendation: Adopt a Resolution authorizing the re-naming of Sulphur |
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Springs Park to Marjorie Saunders Park |
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The March 25, 2004 Rules and Legislation Committee approved recommendations; 3 |
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Ayes, 1 Absent - Wan |
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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
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:
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Subject: Tree Removal Appeal - 300 Elysian Fields Drive - Public Hearing |
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From: Office of Parks and Recreation |
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Recommendation: Conduct a continued Public Hearing and upon conclusion |
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adopt a Resolution denying the appeal filed by Stefanie Y. Gandolfi against the |
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decision of the Director of the Office of Parks and Recreation approving the |
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issuance of Tree Removal Permit DR03-123 at 300 Elysian Fields Drive ( |
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Councilmember Reid, District 7) |
14.1
This item was continued from the January 20, 2004 City Council Meeting.
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Subject: Lease and Revenue Bonds - Interest Rate Swaps - Public Hearing |
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From: Finance and Management Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt the |
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following legislation regarding the issuance and sale of Lease Revenue Bonds: |
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1) Approve the Final Passage (Second Reading) of Ordinance authorizing the |
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City to enter into a lease and sublease with the Oakland Joint Powers |
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Financing Authority in connection with the issuance by the Oakland Joint |
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Powers Financing Authority of certain Lease Revenue Bonds, and authorizing |
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the taking of all necessary actions relating to such financing; and the |
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publication of the Notice and Digest and certain other related matters; and |
14.2
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The March 23, 2004 Finance and Management Committee approved recommendations; |
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3 Ayes, 1 Abstain - Brunner |
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Final Passage (Second Reading) has been scheduled for April 20, 2004. |
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2) Adopt a Joint Powers Financing Authority Resolution authorizing the |
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issuance and sale of the Lease Revenue Bonds (Oakland Administration |
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Building) Series 2004, in two series, in an aggregate principal amount not to |
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exceed one hundred thirty-five million dollars ($135,000,000); authorizing the |
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execution and delivery of a trust agreement, lease, sublease, escrow |
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agreement, bond purchase agreements, approving the form of and authorizing |
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the distribution of a preliminary official statement and authorizing execution and |
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delivery of an official statement; approving the retention of bond counsel and |
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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.
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3) Adopt a Resolution approving the issuance by the Oakland Joint Powers |
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Financing Authority of Lease Revenue Bonds, in one or more series, of not to |
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exceed one hundred thirty-five million dollars ($135,000,000) aggregate |
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principal amount; approving the form of and authorizing the execution and |
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delivery of bond purchase agreements; authorizing the City Manager to secure |
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one or more swaps for a synthetic fixed rate transaction; and authorizing |
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execution of documents and the taking of all necessary actions relating to the |
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bonds and the swap and authorizing necessary actions relating to the lease |
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financing with the Oakland Joint Powers Financing Authority |
Item 14.2-3 was withdrawn and rescheduled to the April 20, 2004 City Council agenda.
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Subject: Oak Center Redevelopment Project Area - Public Hearing |
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From: Community and Economic and 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) An Agency Resolution authorizing capital improvement spending for the Oak |
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Center Redevelopment Project Area, in an amount not to exceed $600,000, |
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including a contract to improve the Oak Center Cultural Center, for $50,000, |
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and authorizing the Agency Administrator to enter into contracts for the work |
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without returning to the Agency; and |
14.3
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REVISED RECOMMENDATION: At the March 23, 2004 Community and Economic |
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Development Committee approved recommendations as amended by staff to revise the |
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Resolution to delete the first "Further Resolved" related to staff negotiating the |
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appropriate agreements to accomplish the work without returning to the Agency; 4 Ayes |
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2) Adopt a Resolution consenting to the use of Redevelopment Agency funds |
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for public improvements to City facilities in the Oak Center Redevelopment |
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Project Area (Councilmember Nadel, District 3) |
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The March 23, 2004 Community and Economic Development Committee approved |
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recommendations; 4 Ayes |
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Subject: Citizen's Option For Public Safety - Public Hearing |
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From: Oakland Police Department |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
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Resolution implementing California Government Code Sections 30061-30065 |
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establishing in each County Treasury a Supplemental Law Enforcement |
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Services Fund (SLESF) to distribute "Citizen's Option for Public Safety" funds |
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to local Jurisdictions, and appropriating six hundred fourteen thousand twenty- |
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seven dollars ($614,027) in eighth year funding for the "Citizen's Option For |
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Public Safety" (COPS) Grant to the Police Department and approving the |
14.4
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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:
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Subject: Assembly Bill 1967 |
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California Marriage License Non-Discrimination Act |
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Recommendation: Adopt a Resolution supporting Assembly Bill 1967, the " |
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California Marriage License Non-Discrimination Act" |
15
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TIME SENSITIVE: This item was forwarded directly to the Council agenda due to its |
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time-sensitive nature as determined by the March 25, 2004, Rules and Legislation |
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Committee. |
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Subject: Assembly Joint Resolution 67 - Federal Marriage Amendment |
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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) |
|
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 |