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, 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, February 15, 2005
CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
Council with unanimous recommendation for approval and is not controversial, and does not have |
a high level of public interest as determined by the Rules Committee. These items are heard on the |
6:00 P.M. portion of the agenda. |
NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
Council without unanimous recommendation for approval, or having a high level of public |
interest, or is controversial as determined by the Rules Committee. These items are heard on the 7 |
:00 P.M. portion of the agenda. |
ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
official vote and approval of the City Council to be effective. |
INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
does not require or permit Council action. |
1
Pledge of Allegiance
2
Roll Call / ORA & Council |
COUNCIL MEMBERS; Vice Mayor Jane 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 1, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Celebration of Black History Month |
From: Councilmember Brooks |
Recommendation: A Presentation by Prescott Elementary School Students from the |
class of instructor Carrie Secret in Celebration of Black History Month |
8.2
Subject: Rae Mary - Dedicated Service |
From: Department of Human Services |
Recommendation: Adopt a Resolution honoring Rae Mary for 14 years of distinguished |
service to the citizens of Oakland and congratulating her on her retirement |
8.3
Subject: West Coast Blues Hall of Fame |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution honoring the 2005 Inductees to the West Coast |
Blues Hall of Fame |
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: Mariah P. Garcia - 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 Mercury Insurance as subrogee for Mariah P. Garcia |
in the amount of $9,590.27 as a result of a vehicle collision involving a city vehicle (FSA |
) |
10.4-CC
Subject: Maurine Marie - 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 Maurine Marie, in the amount of $8,029.76, for |
property damage sustained as a result of flooding caused by poor drainage from a city |
street (Public Works Agency) |
10.5-CC
Subject: Surplus City-Owned Real Property - 7th and Castro Streets |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
authorizing the City Administrator to enter into an offer to purchase agreement with |
Tuan Nguyen, Thong Nguyen and Carl Nguyen (the adjoining property owners) for sale |
of surplus City real property located at 7th and Castro Streets for the Fair Market Value |
of $191,000 |
Introduction (First Reading) was approved on February 1, 2005, 6 Ayes, 1 |
Excused, District 2 Vacant |
S-10.6-CC
Subject: Donation of One Surplus GMC Fleetwood Vehicle |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the donation of one surplus 1990 |
GMC Fleetwood command post vehicle to the East Bay Regional Park District |
The February 8, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.7-CC
Subject: Designation of State Financial Assistance Representatives |
From: Finance and Management Agency - Accounting |
Recommendation: Adopt a Resolution designating the Director of Finance and |
Management Agency, Controller and Assistant Controller as authorized representatives |
for the purpose of receipt, processing and coordination of all inquiries and requirements |
necessary to obtain available Federal Financial Assistance under the Robert T. Stafford |
Disaster Relief and Emergency Assistance Act of 1988, and State Financial Assistance |
under the Natural Disaster Assistance Act |
The February 8, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
S-10.8-CC
Subject: Oakland Coliseum Intercity Rail Platform |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) A City Resolution authorizing a fourth amendment to the Agreement with the San |
Francisco Bay Area Rapid Transit District for design and engineering of the Oakland |
Coliseum Intercity Rail Platform to extend the term of the Agreement, expand the scope |
of services, and modify the budget to allocate $500,000 of previously allocated |
construction and acquisition funds towards design and engineering services |
2) An Agency Resolution reprogramming $500,000 in Agency Funding of acquisition |
and construction costs of the Oakland Coliseum Intercity Rail Platform Project towards |
design and engineering Sevices |
The February 8, 2005 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
S-10.9-CC
Subject: Diane Foster & Associates |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to amend a |
professional or specialized services contract with Diane Foster & Associates to provide a |
needs analysis for the Planning & Zoning Division for an additional fee of twenty |
thousand dollars ($20,000) for a total fee not to exceed eighty-five thousand dollars ($85, |
000) |
The February 8, 2005 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
Subject: Mayor's Summer Jobs Program |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
accept and appropriate grant funds and contributions from private foundations and |
corporations on behalf of the Oakland Workforce Investment Board to fund the Mayor's |
Summer Jobs Program |
The February 8, 2005 Community and Economic Development Committee |
approved recommendations; 4 Ayes |
11
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: Declaration of Property Various Interests - Uptown Project |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution of Necessity declaring certain property |
interests at 1920 San Pablo Avenue, Oakland, CA 94612 (Assessor Parcel Number: 008- |
0643-006), 1954 San Pablo Avenue, Oakland, CA 94612 (Assessor Parcel Number: 008- |
0644-021, 610 William Street, Oakland, CA 94612 (Assessor Parcel Number 008-0644- |
020) as necessary for public purposes and authorizing Agency Counsel to initiate |
condemnation proceedings for the acquisition of said property interests for |
Redevelopment purposes as part of Uptown Project |
The January 25, 2005 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Conflict of Interest - Municipal Code Amendment |
From: Office of the City Attorney |
Recommendation: Approve the Introduction (First 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 |
Final Passage (Second Reading) has been scheduled for March 1, 2005
16
Subject: Limited Public Financing Act of the City of Oakland |
From: Office of the City Attorney |
Recommendation: Approve the Introduction (First 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 |
Final Passage (Second Reading) has been scheduled for March 1, 2005
17
Subject: Litigation - Kaiser Aluminum & Chemical Corporation |
From: Office of the City Attorney |
Recommendation: Receive an Informational report on Kaiser Aluminum & Chemical |
Corporation v. City of Oakland Litigation |
18
Subject: Stronger Anti-Predatory Legislation |
From: Council President De La Fuente |
Recommendation: Receive an Informational Report on the California Supreme Court's |
decision in the Predatory Lending Case (American Financial Services Association v. City |
of Oakland), and adopt a Resolution calling for the California Legislature to adopt |
stronger anti-predatory lending protections or authorize local communities to adopt |
stronger protections to address local conditions and protect local interests |
19
Subject: Sale of Portions of Brookfield Park |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Adopt an Agency Resolution authorizing a Memorandum of Understanding with the |
Salvation Army and the City for the sale of portions of Brookfield Park at Edes and |
Jones Avenues, and development of a new recreation center and other uses on the site; |
and |
2) Adopt a City Resolution authorizing a Memorandum of Understanding with the |
Salvation Army and the Redevelopment Agency for the sale of portions of Brookfield |
Park at Edes and Jones Avenues, and development of a new recreation center and other |
uses on the site |
20
Subject: Board of the Alameda County Waste Management Authority - Appointment |
From: Council President Ignacio De La Fuente |
Recommendation: Adopt a Resolution appointing Councilmember Jean Quan to the |
Board of the Alameda County Waste Management Authority for a two-year term |
beginning February 15, 2005 and ending February 15, 2007 |
21
Subject: Appointment to the Community Policing Advisory Board |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution appointing Adante Pointer as a member of the |
Community Policing Advisory Board |
22
Subject: Appointment - Children's Fund Planning and Oversight Committee |
From: Councilmember Chang |
Recommendation: Adopt a Resolution appointing Viola Gonzales as a member of the |
Children's Fund Planning and Oversight Committee |
S-23
Subject: Self-Insurance General Liability Fund (Fund 1100) |
From: Finance and Management Agency/Risk Management Division |
Recommendation: Adopt a Resolution authorizing the budgetary appropriation of |
monies from the Self-Insurance General Liability Fund (Fund 1100) to departments for |
Fiscal Year 2005/06 and 2006/07 allocation of general liability costs based on |
implementation of the "Phoenix Model" of risk management cost allocation |
The February 8, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
S-24
Subject: ShoreTel - Agreement |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution approving the successful completion of the Voice |
Over IP Pilot Project and authorizing the City Administrator or her designee to execute a |
seven year contract for the lease of telephone equipment and services with ShoreTel ( |
formerly Shoreline) Communications Inc., for an amount not to exceed $275,000 |
annually or $1,650,000 over the term of the contract without return to Council |
The February 8, 2005 Finance and Management Committee directed staff |
to prepare a supplemental report that provides information on the cost |
differential for 3, 5, 6 and 7 year lease options. Staff will also provide the |
cost of the necessary equipment replacement as a separate cost for the lease |
options that would exclude the network upgrade component; 4 Ayes |
S-25
Subject: Enterasys, Inc. - Agreement |
From: Finance and Management Agency/Information Technology |
Recommendation: Adopt a Resolution authorizing the City Administrator or her designee |
to execute a seven year contract for the lease of data network equipment and services |
with Enterasys Inc., for an amount not to exceed $215,000 annually or $1,500,000 over |
the term of the contract without return to Council |
The February 8, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
S-26
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 |
S-27
Subject: Affordable Housing Development Funding |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Adopt a Resolution authorizing an amendment to Resolution No. 78361 C.M.S. to |
allow an extension of time for an Affordable Housing Development Loan in an amount |
not to exceed $1,901,740 to Citizens Housing Corporation for the Altenheim Senior |
Housing Project located at 1720 Mac Arthur Boulevard |
2) Adopt a Resolution authorizing an affordable Housing Development Loan in an |
amount not to exceed $2,472,585 to Affordable Housing Association, Inc., for the |
Madison & Fourteenth Rental Project located at 160 14th Street |
3) Adopt a Resolution authorizing an amendment to Resolution No. 77657 C.M.S. to |
allow an extension of time for an Affordable Housing Development Loan in an amount |
not to exceed $771,300 to Bridge Housing for the Mandela Gateway Ownership Project |
located at 1431 8th Street |
4) Adopt an Agency Resolution to amend Redevelopment Agency Resolution No. 2004- |
07 C.M.S. to increase the Affordable Housing Development Loan by $2,306,100 to |
provide total Agency Loan Funds in an amount not to exceed $4,084,660 to Citizens |
Housing Corporation for the Altenheim Senior Housing Project located at 1720 |
MacArthur Boulevard |
5) Adopt a Resolution authorizing an Affordable Housing Development Loan in an |
amount not to exceed $3,000,000 to East Bay Asian Local Development Corporation and |
the related companies of California jointly for the Coliseum Gardens Phase III Hope VI |
Project located at 928-998 66th Avenue |
6) Adopt an Agency Resolution authorizing an amendment to Redevelopment Agency |
Resolution No. 2004-08 C.M.S. to allow a one year extension of an Affordable Housing |
Development Loan in an amount not to exceed $2,548,500 to Affordable Housing |
Associates, Inc. for the Calaveras Townhomes Project located at 4856-4868 Calaveras |
Avenue and to amend loan terms of two site acquisition loans in the total amount of $1, |
310,000 |
7) Adopt an Agency Resolution authorizing an amendment to Redevelopment Agency |
Resolution No. 2003-08 C.M.S. to allow an extension of time for an Affordable Housing |
Development Loan in an amount not to exceed $1,146,100 to Bridge Housing for the |
Mandela Gateway Ownership Project located at 1431 8th Street |
8) Adopt an Agency Resolution authorizing an Affordable Housing Development Loan |
in an amount not to exceed $3,024,915 to Affordable Housing Associates, Inc., for the |
Madison & Fourteenth Rental Project located at 160 14th Street, and Consolidating an |
existing $1,498,000 site acquisition loan with the development loan, for a new total |
development loan in an amount not to exceed $4,522,915 |
9) Adopt an Agency Resolution appropriating $1,708,148 in Low and Moderate Income |
Housing Funds to the Housing Development Program |
S-27.1
Subject: Affordable Housing Development Funding - Auditor's Report |
From: Office of the City Auditor |
Recommendation: Receive a Report on a total of nine (9) Resolutions regarding |
affordable housing activities: Four City and Agency Resolutions authorizing |
development loans in an aggregate amount not to exceed $10,803,600 for affordable |
housing projects; Four City and Agency Resolutions to extend for an additional year the |
funding reservation deadline in an aggregate amount of $8,145,900; one Agency |
Resolution appropriating $1,708,148 for housing development program |
This item is related to agenda item 27
S-28
Subject: Park Capital Improvement Projects |
From: Public Works Agency |
Recommendation: Action on a Status report on the development of a strategic plan and a |
prioritization list for City of Oakland Parks Capital Improvement Projects based on |
adopted open space, conservation, and recreation (OSCAR) goals and request Council to |
provide directions on the proposed recommendations |
The February 8, 2005 Life Enrichment Committee directed staff to proceed |
with alternative #3 and look into a partnership with the Parks Coalition to |
begin the groundwork to secure USA grant funding supporting this |
alternative with return to Council; 3 Ayes |
S-29
Subject: State of California Proposition 14 Funds |
From: Oakland Public Library |
Recommendation: Adopt a Resolution authorizing the City Administrator to 1) accept |
and appropriate an additional $13,345 from the State of California Proposition 14 Funds |
for a total grant amount of $6,513,345; and 2) to amend the professional services |
agreement with Group 4 Architecture Research and Planning, Inc. to provide full design |
and engineering services for the new 81st Avenue Community Library in the amount of $ |
1,600,000, and to complete the Master Facilities Plan to include development strategies |
for the Main Public Library and for continued Community Outreach Services in the |
amount of $225,000, for a total amended contract amount not to exceed $2,325,000 |
The February 8, 2005 Life Enrichment Committee bifurcated the |
recommendation and approved the acceptance of the California |
Proposition 14 Grant (3 Ayes and on approval of the contract extension |
2 Ayes, 1 Abstain - Brooks |
S-30
Subject: Special Traffic Offender Program (STOP) |
From: Oakland Police Department |
Recommendation: Approve the Introduction (First 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) |
The February 8, 2005 Public Safety Committee directed staff to include in |
the semi-annual Special Traffic Offender Program (STOP) information on |
the number of parolees, individuals on probation, weapons confiscated and |
drug and DUI arrests; 3 Ayes |
Final Passage (Second Reading) has been scheduled for March 1, 2005 |
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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ORA - Oakland Redevelopment Agency |