Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Hearing Room 1, City Hall, 1 Frank H. Ogawa Plaza |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, September 20, 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. |
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. |
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 Brunner, Dist. 1; Patricia Kernighan. 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 July 19, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Tassafaronga Recreation Center Revitalization - Recognition |
From: Office of Parks and Recreation |
Recommendation: Adopt A Resolution Honoring The Home Depot And Its Volunteers |
For Revitalization Efforts At Tassafaronga Recreation Center |
8.2
Subject: Johnette J. Morton - Recognition |
From: Office Of Parks and Recreation |
Recommendation: Adopt A Resolution Commending Johnette J. Morton For 24 Years |
Of Outstanding And Distinguished Service To The City Of Oakland |
8.3
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Proclaiming Thursday, September 22, 2005, As |
The City Of Oakland's Second Annual Carfree Day To Encourage Transportation |
Alternatives To Driving Alone |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
Subject: Declaration of a Local Emergency due to AIDS epidemic |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's |
Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health |
Crisis With Regard To The AIDS Epidemic |
10.2CC
Subject: Medical Cannabis Health Emergency |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A |
Local Public Health Emergency With Respect To Safe, Affordable Access To Medical |
Cannabis In The City Of Oakland |
10.3CC
Subject: Eric Satingin And Ricardo Merced - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Eric Satingin, Ricardo Merced And Their |
Attorney Of Record, Ross Meltzer, In The Amount Of $14,500, As A Result Of Bodily |
Injury Sustained In An Auto Collision Involving A City Of Oakland Vehicle On June 18, |
2004. (Oakland Police Department) |
This item was not heard in Closed Session
10.4CC
Subject: Ronald A. Grant - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle the Claim Of Ronald A. Grant, In The Amount Of $36,800, As |
A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Broken |
City Sewer Main. (OPW) |
This item was not heard in Closed Session
10.5CC
Subject: Miriam Valesco - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney T |
Compromise And Settle The Claim Of Miriam Valesco, In The Amount Of Six |
Thousand Thirty Eight Dollars And No Cents ($6,038.00), As A Result Of Damage To |
Her Sanitary Sewer Lateral Caused By Tree Roots From A City Tree (OPW) |
This item was not heard in Closed Session
10.6CC
Subject: Irwin Eskanos And Jeff Schwartz - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Irwin Eskanos And Jeff Schwartz DBA |
Leamington Property, In The Amount Of $18,225.00, As A Result Of Property Damage |
Sustained Due To A Sewer Flood Caused By A Clogged City Sewer Main And Damage |
To Sewer Lateral Caused By A City Tree. (OPW) |
This item was not heard in Closed Session
10.7CC
Subject: Elliott Flowers - Settlement |
From: Office of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case of Elliott Flowers V. City Of Oakland, Et Al., United |
States District Court, Northern District Of California Case No. C-04-3521-WHA In the |
Amount Of $17,500.00 As A Result Of An Arrest On March 27, 2003 (Oakland Police |
Department - Excessive Force) |
This item is scheduled to be heard at the September 20, 2005 Closed |
Session. |
10.8CC
Subject: Kevin Brown - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Kevin Brown, In An Amount $98,154.00, As A |
Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Clogged |
City Sewer Main (OPW) |
This item is scheduled to be heard at the September 20, 2005 Closed |
Session. |
10.9CC
Subject: David Gray - Settlement |
From: Office of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of David Gray V. City Of Oakland, Et Al., Alameda |
County Superior Court Case No. RG04176348, Our File No. 23782, In the Amount Of |
$36,500.00 This Case Involves A Dog Bite (Oakland Police Department) |
Council discussed this item in closed session on July 19, 2005. Motion |
authorizing settlement passed by unanimous vote: 8 Ayes |
10.10CC
Subject: James Kyle - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of James Kyle V. City Of Oakland, Alameda Superior |
Court Case No. 2002 060357, Our File No. 22151, In The Amounts Of $240,000 And |
$100,000 This Case Involves An Alleged Dangerous Condition Of Public Property |
(Public Works Agency) |
Council discussed this item in closed session on July 19, 2005. Motion |
authorizing settlement passed with 5 Ayes, 2 Noes - Brunner and De La |
Fuente, 1 Absent - Reid. |
10.11CC
Subject: Port Local 10 - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle Claims Of Three (3) Of The Remaining Seventeen (17) |
Plaintiffs In The Matters Of Port Local 10 Warehouse And Longshoremen Et Al. V. City |
Of Oakland, Et Al., United States District Count 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 Five Hundred Ninety-Two Thousand Five Hundred Dollars And No Cents |
($592,000.00). One Check In The Amount Of Five Hundred Thousand Dollars And No |
Cents ($500,000.00) Is To Be Issued As Payment To Willow Rosenthal And James B. |
Chanin, Her Attorney. One Check In The Amount Of Eighty-Five Thousands Dollars |
And No Cents ($85,000) Is To Be As Payment To John Nishinaga And James B. Chanin, |
His Attorney. One Check In The Amount Of Seven Thousand Five Hundred Dollars And |
No Cents ($7,500.00) Is To Be Issued As Payment To Cliff Close And James B. Chanin, |
His Attorney. These Matters Arise From The April 7, 2003 Port Of Oakland Police |
Action (Excessive Force/Civil Rights Violation) |
Council discussed this item in closed session on July 19, 2005. Motion |
authorizing settlement passed by unanimous vote: 8 Ayes |
10.12CC
Subject: Motorized Scooters / Motorized "Pocket Bikes" |
From: Oakland Police Department |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Adding Chapter 10.17 To The Oakland Municipal Code Requiring Sellers Of Motorized |
Scooters And Motorized "Pocket Bikes" To Advise Consumers Of The State And Local |
Laws Regulating The Operation Of The Devices Within The City Of Oakland |
Introduction (First Reading) was approved on July 19, 2005; 8 Ayes
10.13CC
Subject: 51st Street And Telegraph Avenue Property Surplus |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of A City Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sale Agreement To |
Sell To 5110 Telegraph LLC., The Adjoining Property Owners, Approximately 4,600 |
Square Feet Of City Owned Surplus Real Properties (Portions Of Assessor Parcel |
Number (s): 014-1226-008-00, 014-1226-009-01, 014-1226-007-02, 014-1226-006-02, |
014-1226-005-02, 014-1226-004-03, 014-1226-003-03) Located At 51st Street And |
Telegraph Avenue For The Fair Market Value Of $246,000; Appropriating The |
Proceeds Of The Sale Into The Real Estate Surplus Property Project |
Introduction (First Reading) was approved on July 19, 2005; 8 Ayes
10.14CC
Subject: Grizzly Peak Boulevard |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of A City Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To |
Sell To Brennan Mulligan And Yeung Tsui, The Adjoining Property Owners, |
Approximately 1,360 Square Feet Of City Owned Surplus Real Property Located At |
Grizzly Peak Boulevard (APN# 048H-7510-002-00) For The Fair Market Value Of |
$1,360.00 |
Introduction (First Reading) was approved on July 19, 2005; 8 Ayes
10.15CC
Subject: Purchase Agreement with William T. Neill |
From: Community Economic and Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sale Agreement With |
William T. Neill, The Adjoining Property Owner, To Purchase Approximately 4,500 |
Square Feet Of City Owned Surplus Real Property Located At 51st Street Between |
Manila And Coronado Avenue For The Fair Market Value Of $4,500 |
Introduction (First Reading) was approved on July 19, 2005; 8 Ayes
10.16CC
Subject: Reduction of Commercial Truck Activity - West Oakland |
From: Councilmember Nadel |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending Sections 10.52.070 And 10.52.120 Of The Oakland Municipal Code To |
Modify Existing Local And Through Truck Routes In West Oakland |
Introduction (First Reading) was approved on July 19, 2005; 8 Ayes
10.17CC
Subject: Animal Control And Shelter Manager Classification |
From: Finance And Management Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (The Salary Ordinance) |
To Add the Classification Of Director Of Animal Services |
Introduction (First Reading) was approved on July 19, 2005; 8 Ayes
10.18CC
Subject: International Association of Firefighters - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Fixing The City's Contribution Under The Public |
Employer's Medical And Hospital Care Act, Only With Respect To Sworn Fire Unit |
Employees Who Belong To The Public Employees' Retirement System, And Fixing The |
City's Contribution For Employees And Annuitants At Different Amounts; And |
Rescinding Resolution No. 79336 And Resolution No. 66402 Of The Same Title |
Council discussed this item in Closed Session on June 7, 2005. Motion |
authorizing settlement passed by unanimous vote; 8 Ayes |
S-10.19CC
Subject: Measure B Amendment Endorsement |
From: Public Works Agency |
Recommendation: Adopt A Resolution Endorsing Amendment Of The 1986 Measure B |
Alameda County Transportation Expenditure Plan To Reprogram Funds Earmarked For |
The Route 238 Hayward By-Pass Project To Four Alternative Projects In Central County |
That Address Traffic Congestion In The Hayward Bypass Corridor |
The September 13, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-10.20CC
Subject: Macias, Gini And Company - Contract |
From: Finance And Management Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Agency Administrator To Enter Into A |
Contract With Macias, Gini & Company, LLP Audit Services For Fiscal Year Ending |
June 30, 2005 |
2) A Resolution Authorizing The City Administrator To Enact A One-Year Extension |
With Macias, Gini & Company, LLP To Provide Audit Services For Fiscal Year Ending |
June 30, 2005 In The Amount Not To Exceed $665,400 |
The September 13, 2005 Finance and Management Committee approved |
recommendations; 4 Ayes |
S-10.21CC
Subject: New Market Tax Credits |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Redevelopment Agency To Apply For An |
Allocation Of New Market Tax Credits As A Strong Affiliate Oakland Renaissance |
NMTC, Inc.; and |
2) A Resolution Authorizing The City Of Oakland To Apply For An Allocation Of New |
Market Tax Credits As A Strong Affiliate Of Oakland Renaissance NMTC, Inc. |
The September 13, 2005 Community and Economic Development |
Committee approved recommendations; 4 Ayes |
S-10.22CC
Subject: Traffic Stop Signs And Parking Meter Zone For 19th Street And Thomas L. |
Berkley Way |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving The Installation Of Traffic Stop Signs And A Traffic Signal |
For A New Street Connecting 19th Street, William Street, And Thomas L. Berkley Way |
For The Uptown Oakland Project; And |
2) Approve The Introduction (First Reading) Of An Ordinance Amending Oakland |
Municipal Code Chapter 10.36 And Adding A Metered Parking Zone Along A New |
Street Connecting 19th Street, William Street, And Thomas L. Berkley Way For The |
Uptown Oakland Mixed Use Redevelopment Project |
Final Passage (Second Reading) has been scheduled for October 4, 2005 |
The September 13, 2005 Community and Economic Development |
Committee approved recommendations; 4 Ayes |
S-10.23CC
Subject: Underground Encroachments |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Granting FC Oakland, Inc., A Conditional And Revocable |
Encroachment Permit To Install A Below-Sidewalk Temporary Soil Shoring System In |
William Street, 19th Street, San Pablo Avenue, Telegraph Avenue, And Thomas L. |
Berkley Way For The Uptown Oakland Mixed Use Redevelopment Project; and |
2) A Resolution Granting FC Oakland, Inc., A Conditional And Revocable |
Encroachment Permit To Install And Maintain Custom Roadway Pavement In William |
Street For The Uptown Oakland Mixed Use Redevelopment Project; And |
3) A Resolution Granting FC Oakland, Inc., A Conditional And Revocable |
Encroachment Permit To Install Below-Sidewalk Electrical Transformers, Vaults, And |
Power Distribution Cabling In William Street, 19th Street, Thomas L. Berkley Way, San |
Pablo Avenue, And Telegraph Avenue For The Uptown Oakland Mixed Use |
Redevelopment Project |
The September 13, 2005 Community and Economic Development |
Committee approved recommendations; 4 Ayes |
S-10.24CC
Subject: Rescinding Resolution Number 78803 |
From: Cultural Arts and Marketing Division |
Recommendation: Adopt A Resolution Rescinding Resolution Number 78803 C.M.S |
Authorizing The City's Participation In The Arts Loan Fund Managed By The Northern |
California Grantmakers |
The September 13, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-10.25CC
Subject: Cultural Arts Loan Program |
From: Cultural Arts Department |
Recommendation: Adopt An Agency Resolution (1) Rescinding Resolution Number |
94-43 C.M.S, And Terminating The Cultural Arts Revolving Loan Program, And (2) |
Authorizing The Agency's Participation In The Arts Loan Fund Managed By The |
Northern California Grantmakers |
The September 13, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-10.26CC
Subject: Library Services And Construction Act Grant |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf |
Of The City Of Oakland, To Apply For, Accept And Appropriate A Grant In The |
Amount Of $31,439 From The California State Library, Library Services And |
Construction Act (LSTA) To Support The Public Library Staff Education Program For |
Fiscal Year 2005-2006 |
The September 13, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-10.27CC
Subject: Digital Resources Grant |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf |
Of The City Of Oakland, To Apply For, Accept And Appropriate A Grant In The |
Amount Of $6,000 From The California State Library, Library Services And |
Construction Act (LSTA) For The Local History Digital Resources Program For Fiscal |
Year 2005-2006 |
The September 13, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-10.28CC
Subject: PASS! After School Program |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf |
Of The City Of Oakland, To Apply For, Accept And Appropriate A Grant In The |
Amount Of $10,000 From The East Bay Community Foundation (EBFC) To Support |
The Library's PASS! After-School Homework Program In Fiscal Year 2005-2006 |
The September 13, 2005 Life Enrichment Committee approved |
S-10.29CC
Subject: Raise A Reader Pilot Project |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf |
Of The City Of Oakland, To Apply For, Accept And Appropriate A Grant In The |
Amount Of $10,000 From The Trio Foundation For The Raising A Reader Pilot Project |
For Fiscal Year 2005-2006 |
The September 13, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-10.30CC
Subject: All Star Fire Equipment - Agreement |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into A Term Agreement With All Star Fire Equipment For The Purchase Of Firefighter |
Protective Clothing (Turnouts) In An Amount Not To Exceed Three Hundred Ninety |
Thousand Dollars ($390,000.00) For The Period October 14, 2005 Through October 13, |
2008, and Authorizing Waiver Of The Competitive Bidding Requirements |
The September 13, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
S-10.31CC
Subject: Concentra Medical Centers - Contract |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into A Contract With Concentra Medical Centers To Perform Physical Fitness |
Assessments And Health Testing Services To City Of Oakland's Firefighting Personnel |
For The Period October 1, 2005 Through August 31, 2007 In An Amount That Shall Not |
Exceed Four Hundred Ninety Thousand Dollars ($490,000.00), With An Optional Two |
Year Extension, One Year At A Time, In An Amount That Shall Not Exceed Two |
Hundred Forty Five Thousand Dollars ($245,000.00) Per Year |
The September 13, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
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 of 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: Brookpark Tree Removal |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt Of A |
Resolution Denying The Appeal Filed By Robert Bobb Against The Decision Of The |
Public Works Agency Approving The Issuance Of Tree Removal Permit DR02-123 For |
Brookpark Road, An Undeveloped Lot, APN 085-0105-040-00, In Order To Build A |
New Home |
14.2
Subject: Tree Removal Permit DR05-083 |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Carol Wolman-Clapsadle Against The Decision Of The |
Public Works Agency Approving The Issuance Of Tree Removal Permit DR05-083 For |
400 40th Street |
14.3
Subject: Delinquent Business Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding the assessment of liens for |
delinquent business taxes and upon conclusion adopt one of the following pieces of |
legislation: |
1) Adopt A Resolution Accepting And Confirming Reports Of The City Administrator |
On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And |
Confirming The Recordation Of Liens, Administrative Charges And Assessment |
Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal |
Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over |
To The County For Collection; or |
2) Adopt A Resolution Overruling Protests And Accepting And Confirming Reports Of |
The City Administrator On The Delinquent Business Taxes, And Confirming The |
Recordation Of Liens, Administrative Charges, And Assessment Charges As Necessary - |
Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The |
Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax |
Collector For Collection; or |
3) Adopt A Resolution Continuing Hearing On Reports Of The City Administrator On |
The Delinquent Business Taxes, And Confirming Of The Recordation Of Liens, |
Administrative Charges And Assessment Charges, As Necessary - Pursuant To Title 5, |
Chapter 5.04 Of The Oakland Municipal Code |
14.4
Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding Delinquent Mandatory Garbage |
Fees For January/February/March 2005 Monthly Accounts And April/May/June 2005, |
Quarterly Accounts And Upon Conclusion Adopt One Of The Following Resolutions: |
1) Adopt A Resolution Accepting And Confirming Reports Of The City Administrator |
On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees, |
And Confirming The Recordation Of Liens, Administrative Charges, And Assessment |
Charges, As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, |
And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The |
County Tax Collector For Collection; or |
2) Adopt A Resolution Overruling Protests And Objections, And Accepting And |
Confirming Reports Of The City Administrator On The Costs Incurred By The City Of |
Oakland For Delinquent Garbage Service Fees, And Authorizing The Recordation Of |
Liens, Administrative Charges, As Necessary - Pursuant To Chapter 8.28 Of The |
Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges |
To Be Turned Over To The County Tax Collector For Collection; or |
3) Adopt A Resolution Continuing Hearing On Reports Of The City Administrator On |
The Delinquent Garbage Services Fees And Confirming Of The Recordation Of Liens, |
Administrative Charges, And Assessment Charges, As Necessary - Pursuant To Chapter |
8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And |
Assessment Charges To Be Turned Over To The Alameda County Tax Collector For |
Collections |
14.5
Subject: Delinquent Real Property Transfer Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The |
Following Resolutions: |
1) Adopt A Resolution Accepting And Confirming Reports Of The City Administrator |
On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer |
Taxes, And Confirming The Recordation Of Liens, Administrative Charges, And |
Assessment Charges, As Necessary - Pursuant To Chapter 4.20 Of The Oakland |
Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be |
Turned Over To The County Tax Collector For Collection; or |
2) Adopt A Resolution Overruling Protests And Objections And Accepting And |
Confirming Reports Of The City Administrator On The Cost Incurred By The City Of |
Oakland For Delinquent Real Property Transfer Taxes, And Authorizing The |
Recordation Of Liens, Administrative Charges As Necessary - Pursuant To Chapter 4.20 |
Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment |
Charges To Be Turned Over To The County Tax Collector For Collection; or |
3) Adopt A Resolution Continuing Hearing On Reports Of The City Administrator On |
The Delinquent Real Property Transfer Taxes And Confirming Of The Recordation Of |
Liens, Administrative Charges, And Assessment Charges As Necessary - Pursuant To |
Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And |
Assessment Charges To Be Turned Over To The Alameda County Tax Collector For |
Collections |
14.6
Subject: Delinquent Transient Occupancy Taxes - Public Hearing |
From: Finance And Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The |
Following Resolutions: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And |
Confirming The Recordation Of Liens, Administrative Charges, And Assessment |
Charges As Necessary Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal |
Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over |
To The County For Collection; Or |
2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The |
City Administrator On The Delinquent Transient Occupancy Taxes And Confirming The |
Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary |
Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal Code, And Directing The |
Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax |
Collector For Collection; Or |
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Transient Occupancy Taxes And Confirming The Recordation Of Liens, |
Administrative Charges And Assessment Charges As Necessary Pursuant To Title 4, |
Chapter 4.24 Of The Oakland Municipal Code |
14.7
Subject: Annual Performance and Evaluation Report |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Take Action On A |
Report Presenting The Review Of Oakland's Consolidated Annual Performance And |
Evaluation Report (CAPER) For Community Development Block Grant, Home, Housing |
Opportunities For People With AIDS And Emergency Shelter Grant Programs |
Performance For The Year 2004-2005 |
The September 13, 2005 Community and Economic Development |
Committee approved recommendations and directed staff to return to the |
October 25, 2005 Community and Economic Development Committee |
meeting with a follow-up report including the actual budget vs. |
expenditures and status and recommendations for each program; 4 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Pay-Go Funded Contracts |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending Oakland Municipal Code Title 2, Chapter 2.04 To Add Section 2.04.018 |
Authorizing The City Administrator To Execute Pay-Go Funded Contracts In Accord |
With Oakland's Contracting Rules And Procedures Without City Council Approval |
Introduction (First Reading) was approved on July 19, 2005; 6 Ayes, 2 |
Absent - De La Fuente, Brooks |
S-15.1
Subject: Oakland Workforce Investment Board Alternatives |
From: Community And Economic Development Agency |
Recommendation: Adopt One Of The Following Resolutions Regarding The Oakland |
Workforce Investment Board: |
1) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland |
Private Industry Council, Inc., (PIC) To Serve As The Workforce Investment System |
Administrator For Up To Three Years In An Amount No To Exceed $1,300,000 For |
Fiscal Year 2005-2006; B) A Memorandum Of Understanding With The Oakland PIC |
To Serve As The One Stop Career Center Operator For Up To Three Years In An |
Amount Not To Exceed $1,900,000 For Fiscal Year 2005-2006; And C) The |
Disbursement Of Additional Funds To The Oakland PIC For Subcontracts With Adult |
And Youth Service Providers As Approved By The Oakland Workforce Investment |
Board, For Delivery Of Support Services And Training For Job Seekers And Business |
Clients, And For Other Programs For Which The Oakland PIC Acts As System |
Administrator; Or |
2) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland |
Private Industry Council, Inc., (PIC) To Serve As The Oakland Workforce Investment |
System Administrator For Up To Three Years In An Amount Not To Exceed $1,300,000 |
For Fiscal Year 2005-2006; B) A Memorandum Of Understanding With The Oakland |
PIC To Serve As The One Stop Career Center Operator For Up To Three Years In An |
Amount No To Exceed $1,325,000 For Fiscal Year 2005-2006; C) The Disbursement Of |
Additional Funds To The Oakland PIC For Subcontracts With Adult And Youth Service |
Providers As Delivery OF Support Services And Training For Job Seekers And Business |
Clients, And For Other Programs For Which Oakland PIC Acts As System |
Administrator; And (D) The Issuance Of A Request For Proposals To Provide Services |
To Formerly Incarcerated Clients In The Amount Of $575,000 |
The agenda report for this item was previously printed as item 27.
S-15.2
Subject: Billboard Management And Regulation |
From: Community And Economic Development Agency |
Recommendation: Action On A Report And Recommendations Outlining The City's |
Land Use Authority And Options For The Management And Regulation Of Outdoor |
Advertising Signs (Billboards) In The City Of Oakland, Including The Port Area |
The agenda report for this item was previously printed as item 24.
S-15.3
Subject: Prevent Violence Among Youth - Agreements |
From: Department of Human Services |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator To Execute An Agreement For |
$147,364 Between The City Of Oakland And The Alameda Count District Attorney's |
Office For Family Justice Center To Fund Support Group And Services For Older Youth |
Who Have Been Exposed To Violence And/Or Have Been Sexually Exploited In |
Accordance With Measure Y For The Period Of July 1, 2005 Through June 30, 2006, |
With Two One Year Options (Without Returning To Council) To Renew; And |
2) A Resolution Authorizing The City Administrator To Execute An Agreement With |
The Mentoring Center In An Amount Not-To-Exceed $491,241.00 For Delivery Of |
Community Services The Under Pathways To Change Model In Accordance With |
Measure Y For Fiscal Year 2005-2006 With Two One Year Options To Renew Without |
Returning To Council; And Receive An Informational Update On Measure Y |
Agreements Previously Approved By Council; And, Receive An Informational Update |
On Oversight And Evaluation Of Measure Y Programs |
The September 13, 2005 Public Safety Committee approved |
recommendations; 4 Ayes |
S-15.4
Subject: Measure Y Funded Programs |
From: Department of Human Services |
Recommendation: Action On A Report And Recommendations To Approve The |
Competitive Proposal Process For Measure Y Funded Violence Prevention Programs In |
Fiscal Year 2005-2007 |
The September 13, 2005 Public Safety Committee approved |
recommendations as amended and directed staff to prepare a |
Supplemental Report that includes the following amendments: |
1) Change the language for the targeted population from 24 yrs old back to |
18 yrs old in the Youth Sports Program - Request For Proposal (RFP); 2) |
provide compromised language regarding issues of concern from the |
Councilmembers; and 3) prepare alternative language for the Sexually |
Exploited Youth (SEY) Program. |
S-15.5
Subject: Hurricane Katrina Relief Efforts |
From: Office of the City Administrator |
Recommendation: Discussion And Action A On Report Regarding The City Of |
Oakland's Participation In Hurricane Katrina Relief Efforts |
16
Subject: Animal Definition Amendments |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending The City's Animal Control Regulations-Chapter 6.04 Of The Oakland |
Municipal Code To (1) Prohibit The Keeping Of Roosters In The City; (2) Limit The |
Number Of Dogs Per Household To Three; (3) Require "Chipping" As A Condition To |
Obtain A Dog License; And (4) Amending The List Of Definitions And Exemptions |
Introduction (First Reading) was approved on July 19, 2005; 7 Ayes, 1 No - |
Nadel |
17
Subject: Dale Gieringer - Appointment |
Recommendation: Adopt A Resolution Appointing Dale Gieringer As A Member Of |
The Measure Z Advisory Committee |
Withdrawn with no new date.
18
Subject: Juanita Davis - Appointment |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Appointing Juanita Davis To The Planning And |
Oversight Committee (POC) Of The Oakland Fund For Children Youth |
19
Subject: Marilyn Montenegro - Re-Appointment |
From: Councilmember Kernighan |
Recommendation: Adopt A Resolution Re-Appointing Marilyn Montenegro To The |
Planning And Oversight Committee (POC) Of The Oakland Fund For Children Youth |
20
Subject: Amy Liu - Appointment |
From: Councilmember Chang |
Recommendation: Adopt A Resolution Appointing Amy Liu To The Planning And |
Oversight Committee (POC) Of The Oakland Fund For Children Youth |
21
Subject: Susan Chamberlin and Sandra Wolf - Appointment |
From: Office of The Mayor's Office |
Recommendation: Adopt A Resolution Appointing Susan Chamberlin And Sandra Wolf |
As Members Of The Oakland Museum Of California Foundation Board |
22
Subject: Richard C. Edwards - Appointment |
Recommendation: Adopt A Resolution Appointing Richard C. Edwards As A Member |
Of The Oakland Museum Of California Foundation Board |
23
Subject: Budget Advisory Committee - Appointment |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Re-Appointing Maeve Elise Brown To The |
Budget Advisory Committee |
24
Subject: Billboard Management And Regulation |
From: Community And Economic Development Agency |
Recommendation: Action On A Report And Recommendations Outlining The City's |
Land Use Authority And Options For The Management And Regulation Of Outdoor |
Advertising Signs (Billboards) In The City Of Oakland, Including The Port Area |
This item has been re-numbered as item 15.2 on this agenda. The Report |
was previously printed and numbered as item 24. |
25
Subject: Public Utilities And Right-Of- Way Improvements For Uptown Project |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Approving A Final Map For Tract 7616 And |
Approving An Agreement For Construction Of Public Utilities And Right-Of-Way |
Improvements For The Uptown Oakland Mixed Use Redevelopment Project |
This Item was withdrawn at the September 15, 2005 Rules and Legislation |
Committee meeting and rescheduled to the October 4, 2005 City Council |
agenda. |
26
Subject: Rent Adjustment Ordinance |
From: Community And Economic Development Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance |
Amending Rent Adjustment Ordinance (OMC Chapter 8.22) To Add Seven Alternate |
Members To The Housing Residential Rent And Relocation Board |
Final Passage (Second Reading) has been scheduled for October 4, 2005
27
Subject: Oakland Workforce Investment Board Alternatives |
From: Community And Economic Development Agency |
Recommendation: Adopt One Of The Following Resolutions Regarding The Oakland |
Workforce Investment Board: |
1) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland |
Private Industry Council, Inc., (PIC) To Serve As The Workforce Investment System |
Administrator For Up To Three Years In An Amount No To Exceed $1,300,000 For |
Fiscal Year 2005-2006; B) A Memorandum Of Understanding With The Oakland PIC |
To Serve As The One Stop Career Center Operator For Up To Three Years In An |
Amount Not To Exceed $1,900,000 For Fiscal Year 2005-2006; And C) The |
Disbursement Of Additional Funds To The Oakland PIC For Subcontracts With Adult |
And Youth Service Providers As Approved By The Oakland Workforce Investment |
Board, For Delivery Of Support Services And Training For Job Seekers And Business |
Clients, And For Other Programs For Which The Oakland PIC Acts As System |
Administrator; Or |
This item has been re-numbered as Item 15.1 on this agenda. The Report |
was previously printed and numbered as item 27. |
2) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland |
Private Industry Council, Inc., (PIC) To Serve As The Oakland Workforce Investment |
System Administrator For Up To Three Years In An Amount Not To Exceed $1,300,000 |
For Fiscal Year 2005-2006; B) A Memorandum Of Understanding With The Oakland |
PIC To Serve As The One Stop Career Center Operator For Up To Three Years In An |
Amount No To Exceed $1,325,000 For Fiscal Year 2005-2006; C) The Disbursement Of |
Additional Funds To The Oakland PIC For Subcontracts With Adult And Youth Service |
Providers As Delivery OF Support Services And Training For Job Seekers And Business |
Clients, And For Other Programs For Which Oakland PIC Acts As System |
Administrator; And (D) The Issuance Of A Request For Proposals To Provide Services |
To Formerly Incarcerated Clients In The Amount Of $575,000 |
28
Subject: Opus West Exclusive Negotiating Agreement - Extension |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Amending The Exclusive Negotiating |
Agreement With Opus West Developer Group For The Development Of Approximately |
50 Acres Within The Former Oakland Army Base, In Order To: (1) Change The |
Developer Name To Oakland West Wind, LLC; And (2) Extend The Term Of The |
Agreement From 6 Months To 12 Months |
S-29
Subject: AJW Construction - Contract |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing Award Of A Construction Contract |
To AJW Construction For Citywide Sidewalk Repair In The Amount Of $1,910,036.50 |
(City Project No. G212730) |
The September 13, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-30
Subject: Rapid Bus Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To |
Negotiate And Enter Into A Cooperative Agreement With The Alameda County |
Congestion Management Agency For Design, Construction And Administration Of The |
Rapid Bus Project Component Of The East Bay Smart Corridors Program To Provide |
For Transportation Improvements In Oakland With An Estimated Value Of Nine Million |
Dollars ($9,000,000.00) |
The September 13, 2005 Public Works Committee approved |
recommendations; 4 Ayes |
S-31
Subject: Oakland Trail Projects |
From: Public Works Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator To Apply For, Accept, And |
Appropriate Grant Funds Under The Habitat Conservation Fund Program Of The |
California Wildlife Protection Act Of 1990 For The Coliseum Garden Project At Lion |
Creek Up To The Amount of $200,000.00, |
2) A Resolution Authorizing The City Administrator To Apply For, Accept And |
Appropriate Grant Funds From The Recreational Trails Program For The Peralta Creek |
De Anza Trail Project At The Peralta Hacienda Historical Park Up To The Amount of |
$450,000.00, and |
3) A Resolution Authorizing The City Administrator To Apply For, Accept And |
Appropriate Grant Funds For The Recreational Trails Program For The Waterfront Trail |
Project up To The Amount of $450,000.00 |
The September 13, 2005 Life Enrichment Committee approved |
recommendations; 4 Ayes |
S-32
Subject: Planning And Oversight Committee - Appointment |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Appointing Anjelica Jackson To The Planning |
And Oversight Committee Through July 31, 2006 |
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 |