LEGISLATIVE TRACKING SOFTWARE, DAYSTAR COMPUTER SYSTEMS, INC., LEGISTAR (tm): legislative tracking & management software

Concurrent Meeting of the Oakland

Redevelopment Agency/City Council

City of Oakland

Online Meeting Agenda

Office of the City Clerk

Oakland City Hall

1 Frank H. Ogawa Plaza

Oakland, California

94612

Ceda Floyd, City Clerk

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, December 2, 2003

Pledge of Allegiance

Roll Call / ORA & Council

COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor 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

Open Forum / Citizens Comments

(Time Available: 15 minutes)

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.

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")

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.

Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment

Agency/City Council held on November 18, 2003

8. Presentation of Ceremonial Matters

Subject: City Wide Open House Bus Tour

From: Councilmember Reid

Recommendation: Present six (6) Proclamations recognizing the Sponsors for

the first "City Wide Open House Bus Tour" held on October 18, 2003

8.1

0288.pdf

Attachments:

Subject: Oakland Association of Realtors

From: Councilmember Reid

Recommendation: Adopt a Resolution acknowledging the 100th Year

Anniversary of the Oakland Association of Realtors and the declaration of

Thursday, December 4, 2003 "Oakland Realtors Day"

8.2

0286.pdf,

78213 CMS.pdf,

Item 8.2 12-2-03

Attachments:

Subject: Oakland Public Library

From: Councilmember Chang

Recommendation: Adopt a Resolution honoring and commemorating the

Oakland Public Library for 125 years of service, 1878-2003

8.3

0261.pdf,

78214 CMS.pdf,

Item 8.3 12-2-03

Attachments:

9. Council Acknowledgements / Announcements

10. CONSENT CALENDAR (CC) ITEMS:

The following Consent Calendar items are considered to be routine and will be

acted upon by one motion of the City Council, unless a member of the public or

a Councilmember requests the opportunity to speak on an item noticed.

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

10.1

10.1CC 12-2-03,

78215 CMS.pdf

Attachments:

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

10.2

10.2CC 12-2-03,

78216 CMS.pdf

Attachments:

Subject: Deborah Edgerly as Interim City Manager

From: Mayor Jerry Brown

Recommendation: Consider a Motion to confirm the appointment of Deborah

Edgerly as Interim City Manager

10.3

03-0330.pdf,

10.3CC 12-2-03

Attachments:

This item was forwarded directly to the Council agenda pursuant to the Oakland City

Charter Article V The City Manager, Section 500 Appointment.

Subject: Keshonda East-Perkins - Planning and Oversight Committee

From: Councilmember Brunner

Recommendation: Adopt a Resolution appointing Keshonda East-Perkins as a

member of the Children's Fund Planning and Oversight Committee

10.4

10.4CC 12-2-03,

78217 CMS.pdf

Attachments:

Subject: Jean E. Newton - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

10.5

Attorney to compromise and settle the case of Jean E. Newton v. City of

Oakland, et al., Alameda County Superior Court Case No. 2-064323, our file

no. 22310, in the amount of $6,000.00 (Public Works Agency)

10.5CC 12-2-03,

78218 CMS.pdf

Attachments:

Subject: Oakland Zoning Code Amendment

From: Community and Economic Development Agency

Recommendation: Approve the Final Passage (Second Reading) of an

Ordinance amending Chapter 17.100 (S-15, Transit Oriented Zone) of the

Oakland Zoning Code to conditionally permit auto fee parking

10.6

10.6CC 12-2-03,

12561 CMS.pdf

Attachments:

Introduction (First Reading) was approved on November 18, 2003; Vote Count 8 Ayes.

COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:

An oral report from the Agency Counsel / City Attorney of final decisions made during Closed

Session

A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the

Sunshine Ordinance

Reconsideration of Ordinances pursuant to Charter Section 216

14. Consideration of items with statutory Public Hearing Requirements:

Subject: Planning Commission Appeal - 4822 Telegraph Avenue - Public

Hearing

From: Community and Economic Development Agency

Recommendation: Conduct a Public Hearing and upon conclusion Adopt a

Resolution denying the appeal and sustaining the decision of the City Planning

Commission in approving the application for a Major Variance to reopen an

Alcoholic Beverage Sales Commercial Activity within 1,000 feet of a similar use

located at 4822 Telegraph Avenue, Oakland, Council District 1; Appellant

Larry Bellinger; Planning Commission Vote: 3 Ayes, 2 Noes

14.1

Attachments:

Subsequent to the November 20, 2003 Rules and Legislation Committee meeting, and

in accordance with the City Council Rules and Procedures, Rule 23, this item was

withdrawn and rescheduled to a future date to be determined.

ACTION ON NON-CONSENT ITEMS:

Subject: Jean Rubsamen - Housing, Residential Rent and Relocation Board

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Jean Rubsamen as a

member of the Housing, Residential Rent and Relocation Board

78219 CMS.pdf,

Item 15.pdf 12-2-03

Attachments:

Subject: Hillery Bolt Trippe - Housing, Residential Rent and Relocation

Board

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe as a

member of the Housing, Residential Rent and Relocation Board

78220 CMS.pdf,

Item 16 12-2-03

Attachments:

Items 15 and 16 were withdrawn and rescheduled from the November 18, 2003 City

Council Consent Calendar as non-consent items.

Subject: Interim Controls For Signs Within Specified Zones

From: Community and Economic Development Agency

Recommendation: Approve the Introduction (First Reading) of an Ordinance

amending Ordinance No. 12461 C.M.S. to extend by six months, the existing

interim controls on the issuance of building, zoning, and other permits for the

construction of new business, civic and residential signs within all commercial,

industrial, S-1, S-2, S-3, S-15, and S-16 zones

Attachments:

Time Sensitive: This item was forwarded directly to the Council agenda due to its time-

sensitive nature as determined by the November 6, 2003 Rules and Legislation

Committee.

Final Passage (Second Reading) has been scheduled for December 16, 2003.

Subject: Wildcat Canyon Ranch Youth Program

From: Office of Parks and Recreation

Recommendation: Adopt a Resolution modifying the license and master

concession agreement between the City and Wildcat Canyon Ranch Youth

Program to increase horse boarding fees and to extend the term through June

30, 2004 (TITLE CHANGE)

Attachments:

Revised Recommendation: The October 28, 2003 Life Enrichment Committee

approved staff recommendation to increase the designated fees, and amend the

contract extension to the end of the City Fiscal Year 2003/2004 and the school year, but

did not approve the direction for a Request for Proposals, and forwarded this item to the

City Council for further discussion; 4 Ayes.

Subject: Sale of a City Owned Surplus Property

From: Community and Economic Development agency

Recommendation: Approve the Introduction (First Reading) of an Ordinance

authorizing the City Manager to enter into a purchase and sales agreement for

the sale of a city owned surplus property (APN 045-5276-022-02) from the

negotiated sale conducted on October 24, 2003 to the highest bidder, the

Hothem Trust, in the amount of $170,000

Attachments:

This item was forwarded directly to the Council agenda as a follow up item from the

November 4, 2003 Council meeting with direction to exclude the following surplus

properties (1-APN 045-5304-057-02, 056 for $140,000) Jeff Ku; (9-APN 048D-7303-067

for $50,000 and 10-APN 048D-7303-068 for $50,000) Wayne Huey from entering into

purchase and sales agreements; 6 Ayes, 1 No-Chang, 1 Abstain-Brunner.

Final Passage (Second Reading) has been scheduled for December 16, 2003.

Subject: Fox Theater Restoration

From: Community and Economic Development Agency

Recommendation: A Continued discussion to Adopt the following legislation:

1) Adopt an Agency Resolution authorizing the Agency Administrator to: (1)

amend the repayment agreement with the City of Oakland increasing City

appropriations by $367,500 for construction work on the Fox Theater and wrap

around buildings; and (2) enter into an exclusive negotiating agreement with

the Paramount Theatre of the Arts, Inc., to redevelop the Fox Theater and

wrap-around buildings, and

2003-82 CMS.pdf,

Item 20 12-3-03

Attachments:

2) Adopt an Agency Resolution authorizing the Agency Administrator to

negotiate and execute a Professional Services Contract with California Capital

Group for an amount not to exceed $432,500 for professional services needed

for the pre-development of the Fox Theater and wrap around buildings, and

2003-83 CMS.pdf,

Item 20 12-2-03

Attachments:

3) Adopt a Resolution authorizing the City Manager to: (1) amend the

repayment agreement with the Redevelopment Agency increasing City

appropriations by $367,500 for construction work on the Fox Theater and wrap

-around buildings; (2) waive advertising and bidding and negotiate and award

construction contracts, without return to Council, in accord with the

specifications prepared by the city, the state standard specifications for public

works construction ("Greenbook" 2000 ED.), Oakland's technical specifications

and the contractor's bid(s) in an amount not to exceed $367,500 for removal of

mold and other hazardous materials from the Fox Theater and wrap-around

buildings; and (3) amend the operating agreement between the City and the

Paramount Theatre of the Arts, Inc., as necessary or appropriate to allow the

Paramount Theatre of the Arts, Inc., to execute an exclusive negotiating

agreement with the Redevelopment Agency for the development of the Fox

Theatre and wrap-around buildings (PURSUANT TO SECTION 902-E OF THE

CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)

78221 CMS.pdf,

Item 20 12-2-03

Attachments:

This item was withdrawn and rescheduled from the November 18, 2003 City Council

meeting

Revised Recommendation: The November 4, 2003 City Council meeting directed staff

to return with revised legislation that includes the following items identified by the

Committee: (1) City has not agreed to sell any garages until further review; (2) Staff is

to return to Committee with the Disposition and Development Agreement and to provide

alternatives for project financing; (3) Committee is to review and approve the

expenditures and release of funds for the $800,000; (4) during the Exclusive

Negotiating Agreement process, staff is to investigate alternative ownership structures

that may not include the art school; and (5) Staff is to return with the wrap around

design showing flexibility for alternative entities.

Subject: Wireless Telephonic Service Providers

From: Finance and Management Agency

Recommendation: Adopt a Resolution submitting, on the Council's own motion,

to electors at the March 2, 2004 election, a proposed Ordinance amending

Section 4.28.030 of the Oakland Municipal Code so that wireless telephonic

service providers will be required to apply the City of Oakland's Utility User's

Tax ("UUT") in accordance with the Sourcing Rules of Section 117 of the

Federal Mobile Telecommunications Sourcing Act of 2000, and directing the

City Clerk to fix the date for submission of arguments and to provide for notice

and publication in accordance with the March 2, 2004 election

78222 CMS.pdf,

Item 21 12-2-03,

Item 6 10-28-03.pdf

Attachments:

Revised Recommendation: The October 28, 2003 Finance and Management

Committee referred this item to the November 18, 2003 Closed Session for

consideration of the legal ramifications. The November 18, 2003 Closed Session

forwarded this item to the December 2, 2003 Council agenda.

Subject: Measure X - Proposed Charter Amendments

From: City Council Legislative Analyst

Recommendation: A Continued discussion to Adopt a Resolution submitting,

on the Council's own motion, proposed Charter Amendments, entitled, "

Measure Amending the Oakland City Charter to (1) retain the Mayor-Council

form of government, commonly called the "Strong Mayor", and elected City

Attorney; (2) change how salaries for Councilmembers, the City Attorney and

the City Auditor are set; (3) change how vacancies on Boards and

Commissions are filled; (4) require Mayor to hold public meetings; (5) change

Mayor's term limit to two consecutive terms; and (6) make other changes in the

Charter"; directing the City Clerk to fix the date for submission of arguments

and to provide for notice and publication in accordance with the law; and

consolidating the Election with the Statewide Presidential Primary

78225 CMS.pdf,

Item 22 12-2-03

Attachments:

Revised Recommendation: The November 18, 2003 City Council directed staff to

prepare the appropriate legislation to reflect the following:

1) Any portion of recommended increase in compensation that would result in an

overall raise in excess of 5% requires voter approval;

2) Retain the salary formula for the Mayor and add salary formula to the City Attorney

and City Auditor;

3) Mayor shall advise the Council before removing City Administrator;

4) Increase public meetings by the Mayor to four (4);

5) Reduce the time for Council action to fill an appointment left vacant by the Mayor

from 180 days to 90 days; and

6) Place this Measure on the March 2, 2004 ballot.

This item was continued from the November 18, 2003 City Council meeting.

Subject: Library Services Retention and Enhancement Act - Ballot Measure

From: Councilmembers Quan and Brunner

Recommendation: A Continued discussion regarding the following legislation:

OPTION #1:

Adopt a Resolution submitting, on the Council's own motion, to the Electors at

the March 2, 2004 Election, a proposed ordinance extending the "Library

Services Retention and Enhancement Act of 1994 and amending Section 2,

use of proceeds, in order to expand the services funded by the Act; amending

Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy;

amending Section 8, minimum Library appropriation prerequisite at Fiscal Year

2000-2001 level, in order to increase the minimum general fund appropriation

level; and amending Section 9, Term of Taxation, in order to extend collection

of the tax for an additional 15 years; directing the City Clerk to fix the date for

submission of arguments and to provide for notice and publication in

accordance with the law; and consolidating the Election with the Statewide

Presidential Primary (TITLE CHANGE)

OPTION #2