Oakland, California 94612 |
LaTonda Simmons, Interim City |
Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency/ |
City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, March 01, 2005
1
Pledge of Allegiance
2
Roll Call / ORA & Council |
COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, |
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At |
-Large, and President Ignacio De La Fuente, Dist. 5 |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
non-consent item. (Motion Maker must have voted on prevailing side) |
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee |
but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council held on February 15, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Mariann Mitchell - Service Recognition |
Recommendation: Adopt a Resolution commending Police Service Technician Mariann |
Mitchell for selfless acts of kindness above and beyond the call of duty |
8.2
Subject: Victor Bullock - Service Recognition |
Recommendation: Adopt a Resolution commending Officer Victor Bullock for selfless |
acts of kindness above and beyond the call of duty |
S-8.3
Subject: The Edna Brewer Middle School competing in the "Future City Competition" |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution celebrating and honoring the achievements of the |
Edna Brewer Middle School students who represented Oakland in our nation's capital |
during February 2005 by successfully competing in the finals of the "Future City |
Competition" |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the February 24, 2005 Rules and Legislation |
Committee to place this item on the agenda for the following reasons: That |
there is a need to take immediate action which came to the attention of the |
local body after the agenda was posted, and that the need to take |
immediate action relates to a purely ceremonial or commendatory action. |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
Subject: Declaration of a Local Emergency due to AIDS epidemic |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution renewing and continuing the City Council's |
Declaration of a Local Emergency due to the existence of a critical public health crisis |
with regard to the AIDS epidemic |
10.2-CC
Subject: Medical Cannabis Health Emergency |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution renewing the City Council's Declaration of a |
local public health emergency with respect to safe, affordable access to Medical |
Cannabis in the City of Oakland |
10.3-CC
Subject: State Farm Insurance - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the claim of State Farm Insurance Company, in the amount of $16 |
,197.61, as a result of property damage sustained in an auto collision involving a City of |
Oakland vehicle on June 18, 2004. (Oakland Police Department) |
10.4-CC
Subject: Lihbin Shiao - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the claim of Lihbin Shiao, in the amount of six thousand seven |
hundred seventy dollars and 36 cents ($6,770.36), as a result of damage to her sanitary |
sewer lateral caused by tree toots from a City tree (Public Works Agency) |
10.5-CC
Subject: Totally Helen - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the claim of Totally Helen, LLC, in the amount of $14,447.95, for |
property damage sustained as a result of flooding caused by poor drainage from a City |
Street. (Public Works Agency) |
10.6-CC
Subject: Yolanda Orey - 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 Yolanda Orey v. City of Oakland, et al., Alameda |
County Superior Court Case no. RG03-120161, our file no. 22919, in the amount of $10, |
000.00. This case involves a trip and fall accident occurring on a raised portion of |
sidewalk. (Public Works Agency) |
10.7-CC
Subject: Michael Muscadine - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Resolution authorizing and directing the City Attorney to compromise |
and settle the case of Michael Muscadine v. City of Oakland, et al., Alameda County |
Superior Court Case no. 2002-046671, our file No. 22119, in the amount of $150,000.00. |
This case involves claims of excess force against members of the Oakland Police |
Department on February 18, 2001(Oakland Police Department) |
10.8
Subject: Conflict of Interest - Municipal Code Amendment |
From: Office of the City Attorney |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
amending the City of Oakland's Conflict of Interest Code (Ordinance Number 11562 C. |
M.S. adopted March 23, 1993, as amended, Oakland Municipal Code Chapter 3.16) |
enacting a Conflict of Interest Code for City of Oakland employees, members of boards |
and commissions, and consultant positions to update the designation of positions that the |
code covers |
Introduction (First Reading) was approved February 15, 2005; 6 Ayes, 1 |
Absent - Brooks |
10.9-CC
Subject: Limited Public Financing Act of the City of Oakland |
From: Office of the City Attorney |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
amending Oakland Municipal Code Chapter 3.13, the Limited Public Financing Act of |
the City of Oakland, to require: 1) Contributions submitted for matching funds be made |
on a financial instrument containing the name of the donor, the name the payee and |
drawn on the account of the donor and 2) Candidates to timely file and completely and |
accurately execute all pre-election and post-election campaign statements for the election |
in which matching funds are received |
Introduction (First Reading) was approved February 15, 2005; 6 Ayes, 1 |
No - Reid |
10.10-CC
Subject: Special Traffic Offender Program (STOP) |
From: Oakland Police Department |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
amending Ordinance Number 9336 C.M.S. (Master Fee Schedule), to increase the |
impounded vehicle release fee, assessed by the Oakland Police Department, from one |
hundred seventy-five dollars ($175) to two hundred and fifty dollars ($250) |
Introduction (First Reading) was approved February 15, 2005; 7 Ayes
10.11-CC
Subject: Eminent Domain Litigation |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the Eminent Domain Litigation of City of Oakland v. Orkin, Inc. |
dba Thrifty Oil Company ("Thrifty") in the amount of $326,820 ($131,820 plus the City's |
$195,000 deposit which Thrifty previously withdrew) as compensation for the City's |
Condemnation of 862-868 - 98th Avenue for the City's widening of 98th Avenue (San |
Mateo County Superior Court Action No. 336725) |
S-10.12CC
Subject: Race and Gender Disparity Evaluation and Study (Croson Study) |
From: President of the Council De La Fuente |
Recommendation: Adopt a Resolution directing the City Administrator to conduct a |
Race and Gender Disparity Evaluation and Study of both (1) the City's bidding and |
awards of City contracts (commonly referred to as a "Croson Study") and (2) the City's |
Workforce Diversity in comparison to the relevant labor pool by selecting through |
requests for qualification or requests for proposal - a qualified independent consultant(s) |
of national reputation to conduct the required evaluation and study |
The February 22, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
Subject: Granting of Utility Easements to Pacific Gas & Electric |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
authorizing the granting of two permanent utility easements to Pacific Gas and Electric |
Company located at the City of Oakland Fire Station at 250 Fallon Street (Site 1) and the |
east side of Fallon Street at Victory Court (Site 2) for the combined appraised market |
value of $5,070 |
The February 22, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
Final Passage (Second Reading) has been scheduled for March 15, 2005 |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
Sunshine Ordinance |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: City's Non-Disposal Facility Element - Public Hearing |
From: Public Works Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution |
adopting the City's amended non-disposal facility element, which describes solid waste |
and recycling facilities that assist the City to reduce materials sent to landfills, and |
approving its submittal to the California Integrated Waste Management Board and the |
Alameda County Waste Management Authority |
The February 22, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
Subject: 5625 International Blvd. - Repaving Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing an Owner Participation |
Agreement with SVC Manufacturing, Inc., DBA Gatorade, for retention, expansion and |
improvement of it's manufacturing facility at 5625 International Boulevard and an |
Agency payment not to exceed $250,000 for repaving 57th Avenue adjacent to the |
facility |
The February 8, 2005 Community and Economic Development Committee |
directed staff to provide a Supplemental Report amending the agreement |
to execute the First Source Hiring agreement to hire qualified Oakland |
residents; 4 Ayes |
This item was withdrawn from the February 15, 2005 City Council agenda |
and rescheduled to the March 1, 2005 City Council agenda. |
16
Subject: Measure DD - Clean Water and Safe Parks |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Adopt a Resolution authorizing revisions to the appropriation of seventy million five |
hundred seventy nine thousand dollars ($70,579,000) during Fiscal Year 2003 - 2004 in |
Oakland Trust for Clean Water and Safe Parks (Measure DD) Series A general obligation |
bonds |
2) Adopt a Resolution authorizing application of up to ten million dollars ($10,000,000) |
in California Coastal Conservancy Funds for the Lake Merritt 12th Street Improvement |
Project ($9,000,000) and water quality technologies at Lake Merritt ($1,000,000) |
The February 8, 2005 Life Enrichment Committee directed staff to amend |
the Resolution to delete the word "execute" from section 5 of the "Resolved |
" and require the City Administrator to return to Council for acceptance |
and appropriation of this grant; 3 Ayes |
3) Adopt a resolution authorizing the City Administrator to negotiate and execute an |
amendment to a professional services contract with The Friends of Oakland Parks and |
Recreation for administrative support services associated with the Measure DD |
Community coalition in an amount not to exceed $23,752, for a total contract amount not |
to exceed $39,751 |
The February 8, 2005 Life Enrichment Committee directed staff to |
negotiate with the Friends of Parks and Recreation performance |
deliverables for this funding; 3 Ayes |
17
Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry Reid |
From: Councilmembers Nancy Nadel and Larry Reid |
Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel and |
Larry Reid's travel to Washington DC from March 11-15 for the National League of |
Cities Conference |
18
Subject: Appointment to the Community Policing Advisory Board |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution appointing Brendan Mulholland as a member of |
the Community Policing Advisory Board representing City Council District 5 |
S-19
Subject: Appointment of Council President to the Public Safety Committee |
From: Council President De La Fuente |
Recommendation: Action pursuant to the Council's rules of procedure (Resolution # |
79006 C.M.S.) to confirm the City Council President's appointment of Councilmember |
Ignacio De La Fuente to the Public Safety Committee |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the February 24, 2005 Rules and Legislation |
Committee to place this item on the agenda for the following reasons: That |
there is a need to take immediate action which came to the attention of the |
local body after the agenda was posted, and that the need to take |
immediate action is required to avoid a substantial adverse impact that |
would occur if the action were deferred to a subsequent special or regular |
meeting. |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION |
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
Council) |
Americans With Disabilities Act |
If you need special assistance to participate in Oakland City Council and Committee |
meetings please contact the Office of the City Clerk. When possible, please notify the |
City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to |
ensure accessibility. Also, in compliance with Oakland's policy for people with |
environmental illness or multiple chemical sensitivities, please refrain from wearing |
strongly scented products to meetings. |
Recorded Agenda: (510) 238-2386 |
Telecommunications Display Device: (510) 839-6451 |
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR |
OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO |
ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. |
Interim Agency Secretary/City Clerk |
*In the event a quorum of the City Council participates on this Committee, the meeting is |
noticed as a Special Meeting of the City Council; however, no final City Council action |
can be taken. |
ORA - Oakland Redevelopment Agency |