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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
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Concurrent Meeting of the |
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Oakland Redevelopment |
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Agency/City Council/Geological |
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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
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Roll Call / ORA & Council |
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COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, |
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Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, |
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At-Large, and President Ignacio De La Fuente, Dist. 5 |
3
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
4
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
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item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
5
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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 |
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non-consent item. (Motion Maker must have voted on prevailing side) |
6
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Requests from Councilmember(s) to schedule an Action Item considered by Committee |
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but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
7
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Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council held on March 1, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: March 2005 as "Arts Education Month" |
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Recommendation: Adopt a Resolution proclaiming March 2005 as "Arts Education |
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Month" (5 minutes) |
8.2
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Subject: March 2005 - Red Cross Month |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution declaring March 2005 "Red Cross Month" in the |
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City of Oakland |
S-8.3
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Subject: Sister City Acknowledgement - Agadir, Morroco |
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From: Council President De La Fuente |
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Recommendation: A Presentation of a Proclamation from Council President De La |
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Fuente welcoming representatives from the Port of Oakland's Sister Port of Agadir, |
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Morroco |
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Due to a lack of a Quorum at the March 10, 2005 Rules and Legislation |
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Committee, this item was added to the agenda as an administrative action |
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for the following reasons: That there is a need to take immediate action |
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which came to the attention of the local body after the agenda was posted, |
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and that the need to take immediate action relates to a purely ceremonial |
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or commendatory action. |
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This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
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the Sunshine Ordinance requiring a 2/3 majority vote. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC-CC
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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 Council's |
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Declaration of a Local Emergency due to the existence of a critical public health crisis |
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with regard to the AIDS epidemic |
10.2CC-CC
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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 of a |
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local public health emergency with respect to safe, affordable access to Medical |
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Cannabis in the City of Oakland |
10.3CC-CC
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Subject: Compromise and settle the case of Deerbrook Insurance |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
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compromise and settle the case of Deerbrook Insurance as subrogee for Bobby Lu, in the |
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amount of $5,864.27, as a result of a vehicle collision involving a city vehicle on April 7, |
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2004 (Police Services Agency) |
This item was not heard in Closed Session.
10.4CC-CC
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Subject: Granting of Utility Easements to Pacific Gas & Electric |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
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authorizing the granting of two permanent utility easements to Pacific Gas and Electric |
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Company located at the City of Oakland Fire Station at 250 Fallon Street (Site 1) and the |
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east side of Fallon Street at Victory Court (Site 2) for the combined appraised market |
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value of $5,070 |
Introduction (First Reading) was approved March 1, 2005; 7 Ayes
10.5CC-CC
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Subject: Stalfana A. Bello - Dedicated Service |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution honoring Stalfana A. Bello for twenty-eight years |
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of distinguished service to the citizens of the City of Oakland and congratulating her on |
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her retirement |
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Subject: Assessment Process for the 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 2005-2006 assessment |
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process for the City of Oakland Landscaping and Lighting Assessment District and |
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authorizing the City Administrator to order a preliminary Engineer's Report pursuant to |
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the California Streets and Highways Code |
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The March 8, 2005 Finance and Management Committee approved |
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recommendations; 4 Ayes |
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Subject: Assessment Process for the Wildfire Prevention Assessment District |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 assessment |
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process for the City of Oakland Wildfire Prevention Assessment District and authorizing |
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the City Administrator to order a preliminary Annual Report pursuant to Oakland |
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Municipal Code |
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The March 8, 2005 Finance and Management Committee approved |
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Subject: Salary Ordinance - Municipal Code Amendment |
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From: Finance and Management Agency |
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Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
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the Salary Schedule of Ordinance No. 12187 C.M.S. (the Salary Ordinance) to add the |
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classifications of Community Housing Services Manager, Development/Redevelopment |
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Program Manager, Fire Marshal, Assistant - Non Sworn, Policy Analyst, and Fire |
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Suppression District Inspector, P.T. |
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The March 8, 2005 Finance and Management Committee approved |
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recommendations; 4 Ayes |
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Final Passage (Second Reading) has been scheduled for April 5, 2005 |
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Subject: Fiscal Year 2004-2005 Revenue and Expenditure Results |
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From: Office of the City Administrator |
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Recommendation: Action on a Report on Fiscal Year 2004-2005 Second Quarter |
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Revenue and Expenditure Results and Year-End Projections; for City's selected funds |
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(General Purpose, Telecommunications, Contract Compliance, Equipment and Facilities) |
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The March 8, 2005 Finance and Management Committee directed staff to |
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provide a Supplemental Report that lists what programs and policies have |
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been implemented to reduce costs in the Police Department with the |
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amount of savings from each approach. In addition, staff will also provide |
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a list of approaches, programs, policies under consideration to reduce the |
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overtime costs in the future budget for the Police Department. Staff will |
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also explore setting a ceiling for the use of the real estate transfer taxes to |
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prevent the City from continuing to rely on these funds for budgeting |
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purposes. Staff will also prepare a towing analysis report to be scheduled |
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to a future committee through Rules; 4 Ayes |
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Subject: Foothill/Seminary Public Transit Hub Streetscape Project |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following pieces of legislation: |
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1) Adopt a Resolution accepting a Transportation for Livable Communities (TLC) |
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planning grant for $75,000 from Metropolitan Transportation Commission, accepting up |
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to $50,000 in matching funds from the Redevelopment Agency under the cooperation |
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agreement, appropriating such funds to pay for Foothill/Seminary Public Transit Hub |
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Streetscape Project, and authorizing a contract with a streetscape consultant to develop a |
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comprehensive plan for pedestrian and transit safety streetscape for the |
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Foothill/Seminary Area without return to Council and, |
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2) Adopt an Agency Resolution appropriating up to $50,000 of Central City East |
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Redevelopment Project Funds as matching funds for a Metropolitan Transportation |
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Commission planning grant to the City of Oakland under the cooperation agreement to |
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fund a comprehensive pedestrian infrastructure and transit safety streetscape plan for the |
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Foothill/Seminary commercial district |
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The March 8, 2005 Community and Economic Development Committee |
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approved recommendations; 3 Ayes, 1 Excused - Reid |
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Subject: Oakland City-County Violence Prevention Initiative - Youth Ambassadors |
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Program |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate a grant from the San Francisco Foundation in the amount of $15,000 over a |
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nine month period, February 2005 through October 2005, to support a Youth |
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Ambassadors Program as part of the Oakland City-County Violence Prevention Initiative |
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in the West Oakland target area |
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The March 8, 2005 Life Enrichment Committee approved |
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recommendations; 3 Ayes |
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Subject: Four-Month Tobacco Control Enforcement Project |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate grant funds in an amount not to exceed fifteen thousand ($15,000) from the |
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Alameda County Public Health Department, Tobacco Control Program, for a |
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Four-Month Tobacco Control Enforcement Project by the Police Department and |
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authorizing the department to enter into a contract for services with the Alameda County |
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Public Health Department for implementation of this initiative |
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The March 8, 2005 Public Safety Committee approved recommendations; 3 |
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Ayes, 1 Excused - Reid |
11
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An oral report from the Agency Counsel / City Attorney of final decisions made during |
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Closed Session |
12
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A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
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Sunshine Ordinance |
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COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
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THEREAFTER: |
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Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
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Subject: Citizen's Option for Public Safety (COPS) - Public Hearing |
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From: Chief of Oakland Police |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution |
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implementing California Government Code Sections 30061-30065 and appropriating six |
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hundred four thousand three hundred thirty-seven dollars ($604,337) in ninth year |
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funding for the "Citizen's Option for Public Safety" (COPS) Grant to the Police |
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Department and approving the Fiscal Year 2004-2006 spending plan |
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The February 22, 2005 Public Safety Committee approved |
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recommendations; 3 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
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Subject: Integrated Pest Management Policy |
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Recommendation: Adopt a Resolution directing the preparation of the appropriate |
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environmental review documents in accordance with the California Environmental |
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Quality Act (CEQA) evaluating a limited exemption to the Integrated Pest Management |
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Policy to use herbicides on City owned land in the Wildfire Prevention District and other |
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City properties identified by the Fire Marshal as areas of high fire hazard |
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The March 8, 2005 Public Works Committee continued this item to the |
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March 22, 2005 Public Works Committee agenda. As a result of the March |
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8, 2005 Public Works Committee action, this item was withdrawn from this |
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agenda. |
S-15.1
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Subject: Leona Quarry Geologic Hazard Abatement District (GHAD) |
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From: Public Works Agency |
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Recommendation: Adopt the following pieces of legislation: |
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1) A Resolution (a) election/appointment of the Chairperson of the Leona Quarry |
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Geologic Hazard Abatement District (GHAD) Board; (b) appointing Richard Clark, of |
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Danville Associates, or such other person as the GHAD Boards appoints, as the Interim |
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GHAD Treasurer/Clerk; (c) appointing Engeo, Inc., or such other entity/person as the |
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GHAD Board appoints, as the Interim GHAD General Manager; (d) appointing Patricia |
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E. Curtin, or other such other attorney as the GHAD Board appoints, as the Interim |
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GHAD Attorney; (e) authorizing the Chairperson to negotiate and enter into a contract |
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with Richard Clark or such other person as the GHAD appoints as Interim |
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Treasurer/Clerk; and (f) authorizing the Treasurer/Clerk to negotiate and enter into |
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contracts for GHAD general manager services and GHAD attorney services |
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2) A resolution accepting petition and setting a Public Hearing for annexation of four lots |
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into existing Leona Quarry GHAD |
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3) A resolution accepting Amendment 1 to the Leona Quarry Geologic Hazard |
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Abatement District Plan of control and setting a Public Hearing to consider objections on |
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proposed amendments |
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4) A resolution approving Leona Quarry Geologic Hazard Abatement District (GHAD) |
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Budget |
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5) A resolution of intention to order an assessment for the Leona Quarry Geologic |
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Hazard Abatement District (GHAD) and setting hearing date for a Public Hearing to |
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consider the proposed assessment and protests against the assessment |
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The March 8, 2005 Public Works Committee approved staff |
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recommendations with the following amendments: 1) Amend the |
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Resolution to approve the appointments to the Geologic Hazard Abatement |
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District (GHAD) on an interim basis excluding the president, 2) include |
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previous report regarding the formation of GHAD, 3) include risk |
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management language; and 4) information regarding other California |
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cities that have been liable to GHAD. |
16
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Subject: Moratorium on Massage Service Activities |
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From: Council President De La Fuente |
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Recommendation: Introduction and Final Passage of an Ordinance adopting an Urgency |
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Measure, pursuant to government Code Section 65858, extending for 90 days a |
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moratorium on massage service activities which was adopted on February 1, 2005 |
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(Ordinance No. 12647) |
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THIS ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME |
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MEETING, REQUIRING A 4/5 VOTE OF THE COUNCIL. UPON |
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PASSAGE, ORDINANCE WILL BE EFFECTIVE IMMEDIATELY. |
17
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Subject: Race and Gender Disparity Evaluation and Study (Croson Study) |
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From: President of the Council De La Fuente |
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Recommendation: Adopt a Resolution directing the City Administrator to conduct a |
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Race and Gender Disparity Evaluation and Study of both (1) the City's bidding and |
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awards of City contracts (commonly referred to as a "Croson Study") and (2) the City's |
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Workforce Diversity in comparison to the relevant labor pool by selecting through |
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requests for qualification or requests for proposal - a qualified independent consultant(s) |
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of national reputation to conduct the required evaluation and study |
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This item was withdrawn by Councilmember Brooks and rescheduled from |
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the March 1, 2005 City Council agenda. |
18
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Subject: California Retirement System |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution opposing state mandated two tiered Retirement |
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System for California's State and Local Government |
19
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Subject: Community Development's Workforce Housing Incentive Grant Program |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
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accept and allocate grant funds in an amount not to exceed $800,000 from the State of |
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California Department of Housing and Community Development's Workforce Housing |
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Incentive Grant Program to be used to fund the construction of (1) a new park at the |
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Coliseum Gardens Housing Complex, (2) the African American Cultural Center, and (3) |
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the Clinton Park Tot Lot (TITLE CHANGE) |
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Due to a lack of a Quorum at the March 10, 2005 Rules and Legislation |
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Committee, supplemental information was added to the agenda as an |
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administrative action for the following reasons: That the matter is time |
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sensitive and immediate action is necessary to avoid a substantial adverse |
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impact that would occur if the action were deferred to a subsequent special |
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or regular meeting. |
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This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
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the Sunshine Ordinance requiring a 2/3 majority vote. |
20
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Subject: Appointment to the Cultural Affairs Commission |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Geoff Dorn as a member of the |
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Cutural Affairs Commission. |
21
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Subject: Appointment to the Commission on Aging |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Annie McCoy as a member of the |
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Commission on Aging. |
22
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Subject: Appointment to the Housing, Residential Rent and Relocation Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Ricardo Hunter as a member of the |
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Housing, Residential Rent and Relocation Board |
S-23
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Subject: Memorial Park Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to reject all |
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bids for the Memorial Park Project, to revise the scope of work, and to negotiate and |
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award a construction contract without return to City Council for an amount not to exceed |
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six hundred and thirty thousand dollars ($630,000) |
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The March 8, 2005 Public Works Committee approved recommendation; 4 |
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Ayes |
23.1
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Subject: Memorial Park Project |
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From: Office of the City Auditor |
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Recommendation: Receive a Report from the City Auditor regarding a Resolution |
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authorizing the City Administrator to reject all bids for the Memorial Park Project, to |
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revise the scope of work, and to negotiate and award a construction contract without |
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return to City Council for an amount not to exceed six hundred and thirty thousand |
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dollars ($630,000) |
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The March 8, 2005 Public Works Committee received and forwarded; 4 |
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Ayes |
S-24
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Subject: Port of Oakland Billboards |
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Recommendation: Action on a Report regarding Billboards at the Port of Oakland, which |
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will include a review of the City of Oakland's current land use authority billboards at the |
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Port of Oakland and recommendations as to how the City can further regulate the |
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installation of billboards within the City limits, and request to the Port of Oakland to |
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postpone the approval of any new billboards for 45 days |
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The March 8, 2005 Community and Economic Development Committee |
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approved recommendations; 3 Ayes, 1 Excused - Reid |
S-24.1
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Subject: Port of Oakland Billboards |
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Recommendation: Action on an Informational Report from the Mayor in opposition to |
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Vice Mayor Brunner's proposal regarding billboards at the Port of Oakland |
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The March 8, 2005 Community and Economic Development Committee |
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received and forwarded this report; 3 Ayes, 1 Excused - Reid |
S-25
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Subject: Twenty-One Day California Seat Belt Compliance Campaign |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
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appropriate grant funds in the amount of eighty-two thousand nine hundred and eight |
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dollars ($82,908) from the State of California, Office of Traffic Safety, for the Police |
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Department's Participation in a Twenty-One Day California Seat Belt Compliance |
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Campaign |
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The March 8, 2005 Public Safety Commitee approved recommendations; 3 |
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Ayes, 1 Excused - Reid |
S-26
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Recommendation: Adopt a Resolution in Support of Adult Education |
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The March 8, 2005 Life Enrichment Committee approved |
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recommendations; 2 Ayes, 1 Abstain - Brooks |
Continuation of Open Forum
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ADJOURNMENT OF COUNCIL SESSION |
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(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
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Council) |
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Americans With Disabilities Act |
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If you need special assistance to participate in Oakland City Council and Committee |
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meetings please contact the Office of the City Clerk. When possible, please notify the |
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City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to |
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ensure accessibility. Also, in compliance with Oakland's policy for people with |
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environmental illness or multiple chemical sensitivities, please refrain from wearing |
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strongly scented products to meetings. |
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Recorded Agenda: (510) 238-2386 |
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Telecommunications Display Device: (510) 839-6451 |
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THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR |
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OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO |
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ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. |
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Agency Secretary/City Clerk |
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*In the event a quorum of the City Council participates on this Committee, the meeting is |
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noticed as a Special Meeting of the City Council; however, no final City Council action |
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can be taken. |
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ORA - Oakland Redevelopment Agency |
