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 01, 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; Jane Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, Dist. 3; |
Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor 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 Special and Regular Concurrent Meetings of the |
Oakland Redevelopment Agency/City Council meetings held on January 11, and January |
18, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Cantonese Speaking Citizen's Academy |
From: Office of the City Administrator |
Recommendation: A 20 minute presentation from the City Administrator for the City of |
Oakland Cantonese Speaking Citizen's Academy Graduation Class of Fall 2004 |
8.2
Subject: "American Heart Month" and "Wear Red for Women Day" |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution declaring February 2005 as "American Heart |
Month" and February 4th as "Wear Red for Women Day" in the City of Oakland |
8.3
Subject: "Live Theater Week" |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution establishing the first week of February as "Live |
Theater Week" in the City of Oakland |
S-8.4
Subject: Medicare and Prescription Drug Enrollment and Education Week |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution proclaiming February 14 through February 20, |
2005 as "Medicare and Prescription Drug Discount Card Enrollment and Education |
Week" in the City of Oakland, California to encourage Senior Citizens to learn about |
significant changes to their Medicare Health Care Benefits |
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: Settlement of Multiple Claims related to the Port |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to |
compromise and settle claims of twenty-four (24) of the fifty-eight (58) plaintiffs in the |
matters of Port Local 10 arehouse and longshoremen et al. v. City of Oakland, et al., |
United States District Court case no. C03-2962 TEH (JL), our file no. X01958 and Sri |
Louise Coles et al. v. City of Oakland et al., United States District Court case no. c03- |
2961 TEH, our file no. 23333, for a sum not to exceed a total of one hundred forty-five |
thousand dollars and no cents ($145,000.00). One check in the amount of seventy |
thousand dollars and no cents ($70,000.00) as payment in full for the fourteen (14) |
plaintiffs settling for $5,000.00 each and a second check in the amount of seventy-five |
thousand dollars and no cents ($75,000.00) as payment in full for the ten (10) plaintiffs |
settling for $7,500.00 each. These matters arise from the April 7, 2003 Port of Oakland |
police action (excessive force/civil rights violation) |
S-10.4-CC
Subject: Asbestos Management Group of California, Inc., - Agreement |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator, or her |
designee, to award a construction contract to Asbestos Management Group of California, |
Inc., for the Municipal Boathouse renovation - Selective Demolition Phase (Project No. |
C241910) in the amount of seventy six thousand three hundred dollars ($76,300) |
The January 25, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.5-CC
Subject: Surplus City-Owned Real Property - 7th and Castro Streets |
From: Community and Economic Development Agency |
Recommendation: Adopt 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 |
approved recommendations; 3 Ayes, 1 Excused - De La Fuente
S-10.6-CC
Subject: Bicycle Master Plan Update |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate |
and execute a contract for an amount not to exceed $200,000 with Wilbur Smith |
Associates for professional services of planning, engineering, and environmental review |
for the Bicycle Master Plan Update |
The January 25, 2005 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
S-10.7-CC
Subject: Bicycle Master Plan |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution certifying that the Bicycle Master Plan, adopted |
July 20, 1999, is current and in compliance with the Streets and Highways Code Section |
891.2 |
The January 25, 2005 Community and Economic Development Committee |
approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
S-10.8-CC
Subject: One-Stop System Administrator and Career Center Operator |
From: Community and Economic Development Agency |
Recommendation: Action on a Report and Recommendation from the Oakland |
Community and Economic Development Agency and the Oakland Workforce Investment |
Board on the Competitive Bidding Process for the Oakland Workforce Investment Area's |
One-Stop System Administrator and One-Stop Career Center Operator |
The January 25, 2005 Community and Economic Development Committee |
Committee directed staff to prepare a report on the ranking of all |
applicants in the Competitive Bidding Process who meet the approved |
criteria and submit it to the Community and Economic Development |
Committee for review before forwarding to Council for adoption; 3 Ayes, 1 |
Excused - De La Fuente |
S-10.9-CC
Subject: Oakland Health Profile 2004 |
From: Councilmember Nadel/Department of Public Health |
Recommendation: A Presentation from the Department of Public Health on their " |
Oakland Health Profile 2004" |
The January 25, 2005 Life Enrichment Committee received and forwarded |
this report; 3 Ayes, District 2 Vacant |
Subject: Annual Report from the Parks and Recreation Advisory Commission |
From: Parks and Recreation Advisory Commission |
Recommendation Receive an Annual Report from the Parks and Recreation Advisory |
Commission |
The January 25, 2005 Life Enrichment Committee received and forwarded |
this report; 3 Ayes, District 2 Vacant |
Subject: Fireman's Fund Heritage Program |
Recommendation: Adopt a Resolution to accept and appropriate a grant for one hundred |
thousand dollars ($100,000) from the Fireman's Fund Heritage Program to the Oakland |
Fire Department Office of Emergency Services for the Citizens of Oakland Respond to |
Emergencies (CORE) Program |
The January 25, 2005 Public Safety Committee approved |
recommendations: 3 Ayes, District 2 Vacant |
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:
THERE ARE NO PUBLIC HEARINGS SCHEDULED FOR THIS EVENING
ACTION ON NON-CONSENT ITEMS:
15
Subject: Appointment of the Chairperson to the Finance and Management Committee |
From: Council President Ignacio De La Fuente |
Recommendation: Action pursuant to the Council's Rules of Procedure (Resolution No. |
79006 C.M.S.) to confirm the City Council President's appointment of Councilmember |
Jean Quan as the Chairperson of the Finance and Management Committee |
16
Subject: Amendment to the Oakland Municipal Code |
From: Oakland Public Ethics Commission |
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, originally adopted December 14, 1999 |
Final Passage (Second Reading) has been scheduled for February 15, 2005 |
The January 4, 2005 City Council directed staff to meet with the respective |
individuals who perform public finance accounting to present the following |
questions: |
1) What rules were easy enough to work?; and |
2) What rules were too difficult? |
Additionally, staff will return to Council with a proposal that keeps to the |
spirit of wanting to make sure this is correct, but not too onerous that the |
paperwork is too hard to track and also include the general and specifics |
on how we can monitor the compliance for the proposed amendments. |
17
Subject: Limited Public Financing Matching Program |
From: Public Ethics Commission |
Recommendation: Adopt a Resolution authorizing and appropriating up to $50,000 to |
fund the Limited Public Financing Matching Program for the District 2 Special Election |
18
Subject: Appointments to the Children's Fairyland Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Larry Magid and Rosa Linda |
Armendariz as members of the Children's Fairyland Board |
19
Subject: Appointments to the Museum of California Foundation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution reappointing Christopher Curtis, Christopher |
McLain, Phyllis Pfeiffer, and Marianne Buttner Robinson as members of the Oakland |
Museum of California Foundation Board |
20
Subject: Appointments to the Commission on Person with Disabilities |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Robert Pittman and Gladys Hudson as |
members of the Commission on Persons with Disabilities |
21
Subject: Police Services Agency - Performance Audit |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
professional services contract with Public Financial Management, Inc. to conduct a |
performance audit of the Oakland Police Service Agency overtime and related staffing |
issues for an amount not to exceed $180,000 |
This item was placed on this agenda at the January 18, 2005 City Council |
meeting. |
22
Number not Used
S-23
Subject: Leona Quarry Project Tract Maps 7351 and 7493 |
From: Public Works Agency |
Recommendation: Receive a Report on the status of Leona Quarry Subdivision Project |
related to compliance with conditions of approval and response to letters from Natural |
Heritage Institute regarding concerns from Millsmont Homeowner's Association on |
Leona Quarry Subdivision Project |
The January 25, 2005 Public Works Committee directed staff to prepare a |
Supplemental report including the following: a summary of the |
Environmental Inspection Reports dated January 7, and January 12, 2005; |
clarification on how the concerns in the biological report and from the |
Department of Fish and Game have been addressed. Report out on |
information from the conversations of this week, include any peer review |
reports and any letters from the City to the contractor directing them to |
address any outstanding issues regarding compliance; 4 Ayes |
S-24
Subject: Francisco & Associates - Contract |
From: City Administrator's Budget Office |
Recommendation: Adopt a Resolution authorizing the City Administrator to execute a |
contract with Francisco & Associates for a two-year amount not to exceed $31,339 to |
perform district engineering services for the Violence Prevention and Public Safety Act |
of 2004 (Measure Y) for Fiscal Years 2005-06 and 2006-07 |
Pursuant to Section Section 2.20.080(E)2 of the Sunshine Ordinance an |
urgency finding was made at the Thursday, January 27, 2005 Rules and |
Legislation Committee to place this item on the agenda for the following |
reasons: that there is a need to take immediate action which came to the |
attention of the local body after the agenda was posted, and that the need |
to take immediate action is required to avoid a substantial adverse impact |
that would occur if the action were deferred to a subsequent 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. |
S-25
Subject: Amendment to the Oakland Municipal Code |
From: Councilmember Danny Wan |
Recommendation: Approve the Introduction and Final Passage of an urgency Ordinance, |
pursuant to Government Code Section 65858, imposing a moratorium on massage |
service activities |
Pursuant to California Government Code Section 65858, Introduction and |
adoption of this ordinance requires a vote of 4/5 of the members (7 |
Affirmative Votes). This ordinance is introduced and adopted at the same |
meeting and it is in effect immediately for a 45 day period upon adoption. |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION |
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
Council) |
Americans With Disabilities Act |
If you need special assistance to participate in Oakland City Council and Committee |
meetings please contact the Office of the City Clerk. When possible, please notify the |
City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to |
ensure accessibility. Also, in compliance with Oakland's policy for people with |
environmental illness or multiple chemical sensitivities, please refrain from wearing |
strongly scented products to meetings. |
Recorded Agenda: (510) 238-2386 |
Telecommunications Display Device: (510) 839-6451 |
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR |
OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO |
ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. |
Interim Agency Secretary/City Clerk |
*In the event a quorum of the City Council participates on this Committee, the meeting is |
noticed as a Special Meeting of the City Council; however, no final City Council action |
can be taken. |
ORA - Oakland Redevelopment Agency |