Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council/Geological |
Hazard Abatement District Board |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
City Council Chambers - 3rd Floor
6:00 PM
Tuesday, March 15, 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 March 1, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: March 2005 as "Arts Education Month" |
Recommendation: Adopt a Resolution proclaiming March 2005 as "Arts Education |
Month" (5 minutes) |
8.2
Subject: March 2005 - Red Cross Month |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution declaring March 2005 "Red Cross Month" in the |
City of Oakland |
S-8.3
Subject: Sister City Acknowledgement - Agadir, Morroco |
From: Council President De La Fuente |
Recommendation: A Presentation of a Proclamation from Council President De La |
Fuente welcoming representatives from the Port of Oakland's Sister Port of Agadir, |
Morroco |
Due to a lack of a Quorum at the March 10, 2005 Rules and Legislation |
Committee, this item was added to the agenda as an administrative action |
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:
10.1CC-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 |
10.2CC-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 |
10.3CC-CC
Subject: Compromise and settle the case of Deerbrook Insurance |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle the case of Deerbrook Insurance as subrogee for Bobby Lu, in the |
amount of $5,864.27, as a result of a vehicle collision involving a city vehicle on April 7, |
2004 (Police Services Agency) |
This item was not heard in Closed Session.
10.4CC-CC
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 |
Introduction (First Reading) was approved March 1, 2005; 7 Ayes
10.5CC-CC
Subject: Stalfana A. Bello - Dedicated Service |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution honoring Stalfana A. Bello for twenty-eight years |
of distinguished service to the citizens of the City of Oakland and congratulating her on |
her retirement |
Subject: Assessment Process for the Landscaping and Lighting Assessment District |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 assessment |
process for the City of Oakland Landscaping and Lighting Assessment District and |
authorizing the City Administrator to order a preliminary Engineer's Report pursuant to |
the California Streets and Highways Code |
The March 8, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
Subject: Assessment Process for the Wildfire Prevention Assessment District |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 assessment |
process for the City of Oakland Wildfire Prevention Assessment District and authorizing |
the City Administrator to order a preliminary Annual Report pursuant to Oakland |
Municipal Code |
The March 8, 2005 Finance and Management Committee approved |
Subject: Salary Ordinance - Municipal Code Amendment |
From: Finance and Management Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
the Salary Schedule of Ordinance No. 12187 C.M.S. (the Salary Ordinance) to add the |
classifications of Community Housing Services Manager, Development/Redevelopment |
Program Manager, Fire Marshal, Assistant - Non Sworn, Policy Analyst, and Fire |
Suppression District Inspector, P.T. |
The March 8, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
Final Passage (Second Reading) has been scheduled for April 5, 2005 |
Subject: Fiscal Year 2004-2005 Revenue and Expenditure Results |
From: Office of the City Administrator |
Recommendation: Action on a Report on Fiscal Year 2004-2005 Second Quarter |
Revenue and Expenditure Results and Year-End Projections; for City's selected funds |
(General Purpose, Telecommunications, Contract Compliance, Equipment and Facilities) |
The March 8, 2005 Finance and Management Committee directed staff to |
provide a Supplemental Report that lists what programs and policies have |
been implemented to reduce costs in the Police Department with the |
amount of savings from each approach. In addition, staff will also provide |
a list of approaches, programs, policies under consideration to reduce the |
overtime costs in the future budget for the Police Department. Staff will |
also explore setting a ceiling for the use of the real estate transfer taxes to |
prevent the City from continuing to rely on these funds for budgeting |
purposes. Staff will also prepare a towing analysis report to be scheduled |
to a future committee through Rules; 4 Ayes |
Subject: Foothill/Seminary Public Transit Hub Streetscape Project |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Adopt a Resolution accepting a Transportation for Livable Communities (TLC) |
planning grant for $75,000 from Metropolitan Transportation Commission, accepting up |
to $50,000 in matching funds from the Redevelopment Agency under the cooperation |
agreement, appropriating such funds to pay for Foothill/Seminary Public Transit Hub |
Streetscape Project, and authorizing a contract with a streetscape consultant to develop a |
comprehensive plan for pedestrian and transit safety streetscape for the |
Foothill/Seminary Area without return to Council and, |
2) Adopt an Agency Resolution appropriating up to $50,000 of Central City East |
Redevelopment Project Funds as matching funds for a Metropolitan Transportation |
Commission planning grant to the City of Oakland under the cooperation agreement to |
fund a comprehensive pedestrian infrastructure and transit safety streetscape plan for the |
Foothill/Seminary commercial district |
The March 8, 2005 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 Excused - Reid |
Subject: Oakland City-County Violence Prevention Initiative - Youth Ambassadors |
Program |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate a grant from the San Francisco Foundation in the amount of $15,000 over a |
nine month period, February 2005 through October 2005, to support a Youth |
Ambassadors Program as part of the Oakland City-County Violence Prevention Initiative |
in the West Oakland target area |
The March 8, 2005 Life Enrichment Committee approved |
recommendations; 3 Ayes |
Subject: Four-Month Tobacco Control Enforcement Project |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate grant funds in an amount not to exceed fifteen thousand ($15,000) from the |
Alameda County Public Health Department, Tobacco Control Program, for a |
Four-Month Tobacco Control Enforcement Project by the Police Department and |
authorizing the department to enter into a contract for services with the Alameda County |
Public Health Department for implementation of this initiative |
The March 8, 2005 Public Safety Committee approved recommendations; 3 |
Ayes, 1 Excused - Reid |
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: Citizen's Option for Public Safety (COPS) - Public Hearing |
From: Chief of Oakland Police |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution |
implementing California Government Code Sections 30061-30065 and appropriating six |
hundred four thousand three hundred thirty-seven dollars ($604,337) in ninth year |
funding for the "Citizen's Option for Public Safety" (COPS) Grant to the Police |
Department and approving the Fiscal Year 2004-2006 spending plan |
The February 22, 2005 Public Safety Committee approved |
recommendations; 3 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Integrated Pest Management Policy |
Recommendation: Adopt a Resolution directing the preparation of the appropriate |
environmental review documents in accordance with the California Environmental |
Quality Act (CEQA) evaluating a limited exemption to the Integrated Pest Management |
Policy to use herbicides on City owned land in the Wildfire Prevention District and other |
City properties identified by the Fire Marshal as areas of high fire hazard |
The March 8, 2005 Public Works Committee continued this item to the |
March 22, 2005 Public Works Committee agenda. As a result of the March |
8, 2005 Public Works Committee action, this item was withdrawn from this |
agenda. |
S-15.1
Subject: Leona Quarry Geologic Hazard Abatement District (GHAD) |
From: Public Works Agency |
Recommendation: Adopt the following pieces of legislation: |
1) A Resolution (a) election/appointment of the Chairperson of the Leona Quarry |
Geologic Hazard Abatement District (GHAD) Board; (b) appointing Richard Clark, of |
Danville Associates, or such other person as the GHAD Boards appoints, as the Interim |
GHAD Treasurer/Clerk; (c) appointing Engeo, Inc., or such other entity/person as the |
GHAD Board appoints, as the Interim GHAD General Manager; (d) appointing Patricia |
E. Curtin, or other such other attorney as the GHAD Board appoints, as the Interim |
GHAD Attorney; (e) authorizing the Chairperson to negotiate and enter into a contract |
with Richard Clark or such other person as the GHAD appoints as Interim |
Treasurer/Clerk; and (f) authorizing the Treasurer/Clerk to negotiate and enter into |
contracts for GHAD general manager services and GHAD attorney services |
2) A resolution accepting petition and setting a Public Hearing for annexation of four lots |
into existing Leona Quarry GHAD |
3) A resolution accepting Amendment 1 to the Leona Quarry Geologic Hazard |
Abatement District Plan of control and setting a Public Hearing to consider objections on |
proposed amendments |
4) A resolution approving Leona Quarry Geologic Hazard Abatement District (GHAD) |
Budget |
5) A resolution of intention to order an assessment for the Leona Quarry Geologic |
Hazard Abatement District (GHAD) and setting hearing date for a Public Hearing to |
consider the proposed assessment and protests against the assessment |
The March 8, 2005 Public Works Committee approved staff |
recommendations with the following amendments: 1) Amend the |
Resolution to approve the appointments to the Geologic Hazard Abatement |
District (GHAD) on an interim basis excluding the president, 2) include |
previous report regarding the formation of GHAD, 3) include risk |
management language; and 4) information regarding other California |
cities that have been liable to GHAD. |
16
Subject: Moratorium on Massage Service Activities |
From: Council President De La Fuente |
Recommendation: Introduction and Final Passage of an Ordinance adopting an Urgency |
Measure, pursuant to government Code Section 65858, extending for 90 days a |
moratorium on massage service activities which was adopted on February 1, 2005 |
(Ordinance No. 12647) |
THIS ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME |
MEETING, REQUIRING A 4/5 VOTE OF THE COUNCIL. UPON |
PASSAGE, ORDINANCE WILL BE EFFECTIVE IMMEDIATELY. |
17
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 |
This item was withdrawn by Councilmember Brooks and rescheduled from |
the March 1, 2005 City Council agenda. |
18
Subject: California Retirement System |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution opposing state mandated two tiered Retirement |
System for California's State and Local Government |
19
Subject: Community Development's Workforce Housing Incentive Grant Program |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
accept and allocate grant funds in an amount not to exceed $800,000 from the State of |
California Department of Housing and Community Development's Workforce Housing |
Incentive Grant Program to be used to fund the construction of (1) a new park at the |
Coliseum Gardens Housing Complex, (2) the African American Cultural Center, and (3) |
the Clinton Park Tot Lot (TITLE CHANGE) |
Due to a lack of a Quorum at the March 10, 2005 Rules and Legislation |
Committee, supplemental information was added to the agenda as an |
administrative action for the following reasons: That the matter is time |
sensitive and immediate action is necessary 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. |
20
Subject: Appointment to the Cultural Affairs Commission |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Geoff Dorn as a member of the |
Cutural Affairs Commission. |
21
Subject: Appointment to the Commission on Aging |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Annie McCoy as a member of the |
Commission on Aging. |
22
Subject: Appointment to the Housing, Residential Rent and Relocation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Ricardo Hunter as a member of the |
Housing, Residential Rent and Relocation Board |
S-23
Subject: Memorial Park Project |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to reject all |
bids for the Memorial Park Project, to revise the scope of work, and to negotiate and |
award a construction contract without return to City Council for an amount not to exceed |
six hundred and thirty thousand dollars ($630,000) |
The March 8, 2005 Public Works Committee approved recommendation; 4 |
Ayes |
23.1
Subject: Memorial Park Project |
From: Office of the City Auditor |
Recommendation: Receive a Report from the City Auditor regarding a Resolution |
authorizing the City Administrator to reject all bids for the Memorial Park Project, to |
revise the scope of work, and to negotiate and award a construction contract without |
return to City Council for an amount not to exceed six hundred and thirty thousand |
dollars ($630,000) |
The March 8, 2005 Public Works Committee received and forwarded; 4 |
Ayes |
S-24
Subject: Port of Oakland Billboards |
Recommendation: Action on a Report regarding Billboards at the Port of Oakland, which |
will include a review of the City of Oakland's current land use authority billboards at the |
Port of Oakland and recommendations as to how the City can further regulate the |
installation of billboards within the City limits, and request to the Port of Oakland to |
postpone the approval of any new billboards for 45 days |
The March 8, 2005 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 Excused - Reid |
S-24.1
Subject: Port of Oakland Billboards |
Recommendation: Action on an Informational Report from the Mayor in opposition to |
Vice Mayor Brunner's proposal regarding billboards at the Port of Oakland |
The March 8, 2005 Community and Economic Development Committee |
received and forwarded this report; 3 Ayes, 1 Excused - Reid |
S-25
Subject: Twenty-One Day California Seat Belt Compliance Campaign |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate grant funds in the amount of eighty-two thousand nine hundred and eight |
dollars ($82,908) from the State of California, Office of Traffic Safety, for the Police |
Department's Participation in a Twenty-One Day California Seat Belt Compliance |
Campaign |
The March 8, 2005 Public Safety Commitee approved recommendations; 3 |
Ayes, 1 Excused - Reid |
S-26
Recommendation: Adopt a Resolution in Support of Adult Education |
The March 8, 2005 Life Enrichment Committee approved |
recommendations; 2 Ayes, 1 Abstain - Brooks |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION |
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
Council) |
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*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 |