Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency / |
City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, January 03, 2006
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
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 December 20, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Mayor Proclamation - Oakland's One City, One Book Campaign |
From: Oakland Public Library |
Recommendation: Receive A Mayoral Proclamation To Kick-Off Oakland's One City, |
One Book Campaign Featuring The Book Mistress Of Spices, By Chitra Divakaruni |
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 |
10.3CC
Subject: Oakland Redevelopment Agency V. Fung - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To |
Compromise And Settle The Case Of Oakland Redevelopment Agency V. Fung, Et Al, |
In The Amount Of $500,000, As A Result Of An Eminent Domain Action Commenced |
By The Redevelopment Agency To Facilitate The Uptown Project Development |
Council discussed this item in closed session on December 20, 2005. Motion |
authorizing settlement passed with 7 Ayes, 1 Excused - Brooks |
10.4CC
Subject: Oakland Redevelopment Agency V. Viacom Outdoor, Inc., - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To |
Compromise And Settle The Case Of Oakland Redevelopment Agency V. Viacom |
Outdoor, Inc., In The Amount Of $140,000, Plus Interest From July 15, 2005, As A |
Result Of An Eminent Domain Action Commenced By The Redevelopment Agency To |
Facilitate The Uptown Project Development |
Council discussed this item in closed session on December 20, 2005. Motion |
authorizing settlement passed with 5 Ayes, 1 Abstain - Brunner, 1 Absent - |
Kernighan, 1 Excused - Brooks |
10.5-CC
Subject: Vacating Ferro Street |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Conditionally Vacating Ferro Street To The Port Of Oakland From Its Intersection With |
Middle Harbor Road To Its Western Terminus |
Introduction (First Reading) was heard on December 20, 2005; 8 Ayes
10.6-CC
Subject: Nonexclusive Storm Drain Easement |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Authorizing The Granting Of A Nonexclusive Permanent Storm Drain Easement Of 479 |
Square Feet On City Owned Property Located At 105th Avenue, Oakland (APN # |
045-5370-020-01) To Marinwoods Enterprises, Inc. For The Appraised Market Value Of |
$2,500 Plus Master Fee Schedule Fees |
Introduction (First Reading) was heard on December 20, 2005; 8 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: 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) 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) 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) 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 |
14.2
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 |
14.3
Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding Delinquent Mandatory Garbage |
Fees For April/May/June 2005 Monthly Accounts And July/August/September 2005 |
Quarterly Accounts 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 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) 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) 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 |
14.4
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) 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) 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) 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 |
14.5
Subject: Taxi Medallion Number 303 |
From: Office of the City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Affirming Administrative Hearing Officer's Revocation Of Taxi Medallion (Vehicle |
Operating Permit) Number 303 |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Election Of Vice Mayor |
From: Office of the City Clerk |
Recommendation: Adopt A Resolution Electing Councilmember ____________ As Vice |
Mayor Of The City Council Of The City Of Oakland For The Term Beginning January 3, |
2006 And Ending January 3, 2007 Pursuant to City Charter Section 208 |
16
Subject: Amendment To Assembly Bill 1121 - A Moratorium On Executions |
From: Councilmember Brooks |
Recommendation: Adopt A Resolution Supporting AB 1121, Sponsored By Assembly |
Member Koretz, Which Would Place A Moratorium On The Carrying Out Of Any |
Executions In The State Of California Until Certain Criteria Are Met, Or, Failing That, |
Until January 1, 2009. The Bill Would Also Make Findings And State Declarations Of |
The Legislature Relative To The California Commission On The Fair Administration Of |
Justice |
17
Subject: Salary Ordinance - Amendment |
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 Classifications Of Park Attendant, Senior Services Administrator, PPT And |
Chief Conservator, To Amend The Title Of Executive Assistant To The Assistant City |
Manager, And Increase The Salary Of Energy Engineer III (TITLE CHANGE) |
Introduction (First Reading) was approved on December 20, 2005; 8 Ayes
18
Subject: Radio Equipment Upgrade |
From: Finance And Management Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator Or Her Designee To Negotiate And |
Execute An Agreement With Nextel Communications For The Replacement, Retuning, |
Upgrade And Modification Of The City's 800 MHz Radio Equipment Per The FCC |
Rebanding Agreement Without Return To Council |
2) A Resolution Authorizing The City Administrator Or Her Designee To Allocate Funds |
From The Radio Replacement Fund In An Amount Not To Exceed Three Million Dollars |
($3,000,000.00) And Authorize The City Administrator To Execute A Contract With |
Dailey-Wells Inc. For Project Engineering, Radio Replacement And Upgrades Without |
Return To Council |
3) A Resolution Authorizing The City Administrator Or Her Designee To Authorize Two |
(2) Additional Positions For Project Management And Installation Coordination For A |
Period Not To Exceed Three Years Without Return To Council |
4) A Resolution Authorizing The City Administrator To Enter Into Cooperative |
Agreements With Bay Area Rapid Transit District (BART) And The City Of Richmond |
Allowing The Mutual Roaming Capabilities Of Public Safety Units On Each Of The |
Radio Systems Without Return To Council; And |
5) A Resolution Authorizing The City Administrator Or Her Designee To Execute A |
Purchase Order With M/A-Com Inc. For Radio Parts And Materials For An Amount Not |
To Exceed Five Hundred Thousand Dollars ($500,000.00) Per Year For Three (3) Years |
Without Return To Council |
This item was previously noticed on the December 20, 2005 City Council |
agenda |
19
Subject: Amicus Brief - O'Connell V. City Of Stockton |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing The City Attorney To Join In An |
Amicus Brief To The California Supreme Court Regarding The Case Of O'Connell V. |
City Of Stockton To Protect Oakland’s Beat Feet And Sideshow Vehicle Forfeiture |
Ordinances |
20
Subject: Barry Pilger - Appointment |
Recommendation: Adopt A Resolution Appointing Barry Pilger As A Member Of The |
Budget Advisory Committee |
S-21
Subject: Steve Splendorio And Bruce Nielsen - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Amending Resolution 79497 Authorizing And |
Directing The City Attorney to Compromise And Settle The Case Of Steve Splendorio |
And Bruce Nielsen, And Other Employees Similarly Situated (Plaintiffs) v. City Of |
Oakland, Et. Al, (Defendants), United States District Court, Northern District Of |
California, Case No. C044349-CW, As Follows: (1) City Shall Pay A Total Amount |
Ranging Between $916,506 And $1,300,000 As Compensation To Qualifying Members |
Of Local 55 For Incorrect FLSA Overtime Calculations |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
Pursuant to Rule 28 of the Rules of Procedure Resolution Number 79006 |
C.M.S., this item was placed on the agenda for action by the City Council |
for the following reason: 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 special or regular meeting. |
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 |
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OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO |
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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 |