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Oakland, California 94612 |
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LaTonda Simmons, Interim City |
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Clerk |
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Concurrent Meeting of the |
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Oakland Redevelopment Agency/ |
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City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
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Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
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City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, February 01, 2005
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CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
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Council with unanimous recommendation for approval and is not controversial, and does not have |
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a high level of public interest as determined by the Rules Committee. These items are heard on the |
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6:00 P.M. portion of the agenda. |
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NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
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Council without unanimous recommendation for approval, or having a high level of public |
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interest, or is controversial as determined by the Rules Committee. These items are heard on the 7 |
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:00 P.M. portion of the agenda. |
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ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
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official vote and approval of the City Council to be effective. |
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INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
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does not require or permit Council action. |
1
Pledge of Allegiance
2
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Roll Call / ORA & Council |
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COUNCIL MEMBERS; Jane Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, Dist. 3; |
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Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry |
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Chang, 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 Special and Regular Concurrent Meetings of the |
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Oakland Redevelopment Agency/City Council meetings held on January 11, and January |
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18, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Cantonese Speaking Citizen's Academy |
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From: Office of the City Administrator |
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Recommendation: A 20 minute presentation from the City Administrator for the City of |
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Oakland Cantonese Speaking Citizen's Academy Graduation Class of Fall 2004 |
8.2
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Subject: "American Heart Month" and "Wear Red for Women Day" |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution declaring February 2005 as "American Heart |
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Month" and February 4th as "Wear Red for Women Day" in the City of Oakland |
8.3
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Subject: "Live Theater Week" |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution establishing the first week of February as "Live |
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Theater Week" in the City of Oakland |
S-8.4
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Subject: Medicare and Prescription Drug Enrollment and Education Week |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution proclaiming February 14 through February 20, |
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2005 as "Medicare and Prescription Drug Discount Card Enrollment and Education |
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Week" in the City of Oakland, California to encourage Senior Citizens to learn about |
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significant changes to their Medicare Health Care Benefits |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1-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 |
10.2-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 |
10.3-CC
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Subject: Settlement of Multiple Claims related to the Port |
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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 claims of twenty-four (24) of the fifty-eight (58) plaintiffs in the |
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matters of Port Local 10 arehouse and longshoremen et al. v. City of Oakland, et al., |
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United States District Court case no. C03-2962 TEH (JL), our file no. X01958 and Sri |
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Louise Coles et al. v. City of Oakland et al., United States District Court case no. c03- |
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2961 TEH, our file no. 23333, for a sum not to exceed a total of one hundred forty-five |
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thousand dollars and no cents ($145,000.00). One check in the amount of seventy |
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thousand dollars and no cents ($70,000.00) as payment in full for the fourteen (14) |
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plaintiffs settling for $5,000.00 each and a second check in the amount of seventy-five |
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thousand dollars and no cents ($75,000.00) as payment in full for the ten (10) plaintiffs |
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settling for $7,500.00 each. These matters arise from the April 7, 2003 Port of Oakland |
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police action (excessive force/civil rights violation) |
S-10.4-CC
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Subject: Asbestos Management Group of California, Inc., - Agreement |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator, or her |
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designee, to award a construction contract to Asbestos Management Group of California, |
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Inc., for the Municipal Boathouse renovation - Selective Demolition Phase (Project No. |
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C241910) in the amount of seventy six thousand three hundred dollars ($76,300) |
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The January 25, 2005 Public Works Committee approved |
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recommendations; 4 Ayes |
S-10.5-CC
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Subject: Surplus City-Owned Real Property - 7th and Castro Streets |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Ordinance authorizing the City Administrator to enter into |
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an offer to purchase agreement with Tuan Nguyen, Thong Nguyen and Carl Nguyen (the |
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adjoining property owners) for sale of surplus City real property located at 7th and Castro |
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Streets for the Fair Market Value of $191,000 |
approved recommendations; 3 Ayes, 1 Excused - De La Fuente
S-10.6-CC
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Subject: Bicycle Master Plan Update |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate |
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and execute a contract for an amount not to exceed $200,000 with Wilbur Smith |
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Associates for professional services of planning, engineering, and environmental review |
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for the Bicycle Master Plan Update |
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The January 25, 2005 Community and Economic Development Committee |
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approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
S-10.7-CC
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Subject: Bicycle Master Plan |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution certifying that the Bicycle Master Plan, adopted |
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July 20, 1999, is current and in compliance with the Streets and Highways Code Section |
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891.2 |
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The January 25, 2005 Community and Economic Development Committee |
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approved recommendations; 3 Ayes, 1 Excused - De La Fuente |
S-10.8-CC
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Subject: One-Stop System Administrator and Career Center Operator |
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From: Community and Economic Development Agency |
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Recommendation: Action on a Report and Recommendation from the Oakland |
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Community and Economic Development Agency and the Oakland Workforce Investment |
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Board on the Competitive Bidding Process for the Oakland Workforce Investment Area's |
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One-Stop System Administrator and One-Stop Career Center Operator |
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The January 25, 2005 Community and Economic Development Committee |
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Committee directed staff to prepare a report on the ranking of all |
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applicants in the Competitive Bidding Process who meet the approved |
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criteria and submit it to the Community and Economic Development |
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Committee for review before forwarding to Council for adoption; 3 Ayes, 1 |
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Excused - De La Fuente |
S-10.9-CC
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Subject: Oakland Health Profile 2004 |
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From: Councilmember Nadel/Department of Public Health |
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Recommendation: A Presentation from the Department of Public Health on their " |
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Oakland Health Profile 2004" |
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The January 25, 2005 Life Enrichment Committee received and forwarded |
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this report; 3 Ayes, District 2 Vacant |
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Subject: Annual Report from the Parks and Recreation Advisory Commission |
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From: Parks and Recreation Advisory Commission |
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Recommendation Receive an Annual Report from the Parks and Recreation Advisory |
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Commission |
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The January 25, 2005 Life Enrichment Committee received and forwarded |
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this report; 3 Ayes, District 2 Vacant |
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Subject: Fireman's Fund Heritage Program |
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Recommendation: Adopt a Resolution to accept and appropriate a grant for one hundred |
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thousand dollars ($100,000) from the Fireman's Fund Heritage Program to the Oakland |
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Fire Department Office of Emergency Services for the Citizens of Oakland Respond to |
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Emergencies (CORE) Program |
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The January 25, 2005 Public Safety Committee approved |
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recommendations: 3 Ayes, District 2 Vacant |
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:
THERE ARE NO PUBLIC HEARINGS SCHEDULED FOR THIS EVENING
ACTION ON NON-CONSENT ITEMS:
15
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Subject: Appointment of the Chairperson to the Finance and Management Committee |
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From: Council President Ignacio De La Fuente |
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Recommendation: Action pursuant to the Council's Rules of Procedure (Resolution No. |
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79006 C.M.S.) to confirm the City Council President's appointment of Councilmember |
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Jean Quan as the Chairperson of the Finance and Management Committee |
16
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Subject: Amendment to the Oakland Municipal Code |
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From: Oakland Public Ethics Commission |
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Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
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Oakland Municipal Code Chapter 3.13 the Limited Public Financing Act of the City of |
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Oakland, originally adopted December 14, 1999 |
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Final Passage (Second Reading) has been scheduled for February 15, 2005 |
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The January 4, 2005 City Council directed staff to meet with the respective |
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individuals who perform public finance accounting to present the following |
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questions: |
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1) What rules were easy enough to work?; and |
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2) What rules were too difficult? |
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Additionally, staff will return to Council with a proposal that keeps to the |
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spirit of wanting to make sure this is correct, but not too onerous that the |
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paperwork is too hard to track and also include the general and specifics |
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on how we can monitor the compliance for the proposed amendments. |
17
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Subject: Limited Public Financing Matching Program |
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From: Public Ethics Commission |
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Recommendation: Adopt a Resolution authorizing and appropriating up to $50,000 to |
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fund the Limited Public Financing Matching Program for the District 2 Special Election |
18
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Subject: Appointments to the Children's Fairyland Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Larry Magid and Rosa Linda |
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Armendariz as members of the Children's Fairyland Board |
19
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Subject: Appointments to the Museum of California Foundation Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution reappointing Christopher Curtis, Christopher |
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McLain, Phyllis Pfeiffer, and Marianne Buttner Robinson as members of the Oakland |
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Museum of California Foundation Board |
20
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Subject: Appointments to the Commission on Person with Disabilities |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Robert Pittman and Gladys Hudson as |
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members of the Commission on Persons with Disabilities |
21
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Subject: Police Services Agency - Performance Audit |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
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professional services contract with Public Financial Management, Inc. to conduct a |
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performance audit of the Oakland Police Service Agency overtime and related staffing |
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issues for an amount not to exceed $180,000 |
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This item was placed on this agenda at the January 18, 2005 City Council |
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meeting. |
22
Number not Used
S-23
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Subject: Leona Quarry Project Tract Maps 7351 and 7493 |
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From: Public Works Agency |
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Recommendation: Receive a Report on the status of Leona Quarry Subdivision Project |
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related to compliance with conditions of approval and response to letters from Natural |
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Heritage Institute regarding concerns from Millsmont Homeowner's Association on |
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Leona Quarry Subdivision Project |
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The January 25, 2005 Public Works Committee directed staff to prepare a |
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Supplemental report including the following: a summary of the |
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Environmental Inspection Reports dated January 7, and January 12, 2005; |
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clarification on how the concerns in the biological report and from the |
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Department of Fish and Game have been addressed. Report out on |
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information from the conversations of this week, include any peer review |
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reports and any letters from the City to the contractor directing them to |
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address any outstanding issues regarding compliance; 4 Ayes |
S-24
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Subject: Francisco & Associates - Contract |
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From: City Administrator's Budget Office |
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Recommendation: Adopt a Resolution authorizing the City Administrator to execute a |
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contract with Francisco & Associates for a two-year amount not to exceed $31,339 to |
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perform district engineering services for the Violence Prevention and Public Safety Act |
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of 2004 (Measure Y) for Fiscal Years 2005-06 and 2006-07 |
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Pursuant to Section Section 2.20.080(E)2 of the Sunshine Ordinance an |
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urgency finding was made at the Thursday, January 27, 2005 Rules and |
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Legislation Committee to place this item on the agenda for the following |
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reasons: that there is a need to take immediate action which came to the |
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attention of the local body after the agenda was posted, and that the need |
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to take immediate action is required to avoid a substantial adverse impact |
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that would occur if the action were deferred to a subsequent 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. |
S-25
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Subject: Amendment to the Oakland Municipal Code |
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From: Councilmember Danny Wan |
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Recommendation: Approve the Introduction and Final Passage of an urgency Ordinance, |
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pursuant to Government Code Section 65858, imposing a moratorium on massage |
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service activities |
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Pursuant to California Government Code Section 65858, Introduction and |
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adoption of this ordinance requires a vote of 4/5 of the members (7 |
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Affirmative Votes). This ordinance is introduced and adopted at the same |
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meeting and it is in effect immediately for a 45 day period upon adoption. |
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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Interim 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 |
