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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
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Concurrent Meeting of the |
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Oakland Redevelopment |
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Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
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Hearing Room 1, City Hall, 1 Frank H. Ogawa Plaza |
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City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, April 19, 2005
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Consent Item: any action item that a subject matter Committee has forwarded to the full Council |
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with unanimous recommendation for approval and is not controversial, and does not have a high |
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level of public interest as determined by the Rules Committee. |
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Non-Consent Item: any action that a subject-matter Committee has forwarded to the full Council |
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without unanimous recommendation for approval, or having a high level of public interest, or is |
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controversial as determined by the Rules Committee. |
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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 does |
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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; Vice Mayor Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, |
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Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, |
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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 Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council held on April 5, 2005 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Earth Month 2005 |
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From: Public Works Agency |
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Recommendation: A Presentation to recognize Earth Month Activities 2005 Volunteers |
8.2
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Subject: Oakland Technical High Schools Women's Basketball Team |
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Recommendation: Adopt a Resolution Congratulating the Oakland Technical High |
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School's Women's Basketball Team on the occasion of their second straight State |
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Championship |
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This item was withdrawn and rescheduled to the April 19, 2005 City |
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Council agenda. |
8.3
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Subject: Armenian Genocide Commemoration Day |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution declaring April 24th as Armenian Genocide |
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Commemoration Day on the occasion of the 90th Anniversary of the Armenian Genocide |
8.4
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Recommendation: Adopt A Resolution recognizing the North Oakland Little League and |
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South Oakland Little League's volunteer effort to improve Caldecott Field on the |
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occasion of the City of Oakland's acceptance of it as a gift-in-place |
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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 April 14, 2005 Rules and Legislation |
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Committee to place this item on the agenda for the following reasons: 1) |
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That there is a need to take immediate action which came to the attention |
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of the local body after the agenda was posted, and that the need to take |
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immediate action relates to a purely ceremonial or commendatory action. |
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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. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC-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 |
10.2CC-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 |
10.3CC-CC
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Subject: Penny Blair-Veres - Settlement Agreement |
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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 The Case Of Penny Blair-Veres V. City Of Oakland, Alameda |
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Superior Court Case No. RG04175337, Our File No. 24174, In The Amount Of |
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$72,500.00. This Case Involves An Alleged Dangerous Condition Of Public Property |
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(Public Works Agency) |
10.4CC-CC
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Subject: Purchase of a Vacant Land Parcel |
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Recommendation: Approve the Final Passage (Second Reading) of an Ordinance |
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authorizing the City of Oakland to purchase a vacant land parcel, Assessor Parcel |
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Number 014-1272-033, from the Alameda County Tax Assessor Office for the continued |
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use as a neighbour pocket park for the cost of delinquent property taxes and closing costs |
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estimated at $7,500 |
Introduction (First Reading) was approved on April 5, 2005; 7 Ayes
10.5CC-CC
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Subject: Oakland's Arbor Day 2005 |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution proclaiming, April 29, 2005, to be the City of |
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Oakland's Arbor Day 2005 and authorizing an Official Tree Planting Ceremony at |
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Defremery Park |
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The April 12, 2005 Public Works Committee approved recommendations; |
10.6CC-CC
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Subject: City-Wide Tree Planting Program |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the application for, acceptance, and |
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appropriation of funds from the Urban Forestry Grant Program of the Proposition 12 |
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Watershed, Wildlife and Parks Improvement Bond Act of 2000, in the amount of Fifty |
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Thousand Dollars ($50,000) for the City-Wide Tree Planting Program |
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The April 12, 2005 Public Works Committee approved recommendations; |
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4 Ayes. |
10.7CC-CC
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Subject: North Oakland Little League - Donation |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution accepting and expressing appreciation for a |
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gift-in-place donated by the North Oakland Little League of a turf baseball infield at the |
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North Oakland Sports Complex (Caldecott Field) |
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The April 12, 2005 Life Enrichment Committee approved |
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recommendations; 3 Ayes. |
10.8CC-CC
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Subject: Reprogramming of Departmental Funds |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the reprogramming of $312,831 in |
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unspent program balances under the Winter Relief Program, Emergency Shelter Grant |
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Program, Transitional Housing Grant Program, Emergency Housing Program, and other |
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homeless and hunger programs |
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The April 12, 2005 Life Enrichment Committee approved |
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recommendations; 3 Ayes. |
10.9CC-CC
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Subject: Measure DD- Oakland Trust for Clean Water and Safe Parks |
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From: Community and Economic Development Agency |
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Recommendation: Receive a Supplemental Report on the Measure DD Status Report #1 |
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and Report and Recommendation for allocating $765,000 from the Lake Merritt |
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System-Wide Improvement Project category to fund a dedicated fire suppression line in |
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Lakeside Park |
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The April 12, 2005 Life Enrichment Committee approved the receipt and |
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fowarding of this item; 3 Ayes. |
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Subject: Designation of Oakland Fire Stations As "Safe Havens" |
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From: Oakland Fire Department |
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Recommendation: Adopt a Resolution designating Oakland Fire Stations as "Safe |
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Havens" for the purposes of the State's Safe Haven for Newborns Law and authorizing |
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the City Administrator to undertake actions necessary to effectuate the designation |
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The April 12, 2005 Public Safety Committee approved recommendations |
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and directed staff to create a sign for posting that directs visitors to the |
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next neighboring stations when a station is closed; 4 Ayes |
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:
14.1
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Subject: Girls Incorporated - Conditional Use Permit - Public Hearing |
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From: Community and Economic Development Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution |
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denying the appeal and upholding the decision of the City Planning Commission |
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approving a Major Conditional Use Permit and design review for the construction of 2 |
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portable buildings, a concrete patio, 2 arbors, landscaping, and the addition of after |
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school programming in Concordia Park (3000 62nd Avenue) by Girls Incorporated of |
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Alameda County. |
ACTION ON NON-CONSENT ITEMS:
15
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Subject: Amendment to the Master Fee Schedule |
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From: Public Works Agency |
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Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
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Ordinance Number 12611 C.M.S. (Master Fee Schedule), as amended, increasing hourly, |
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daily and monthly parking fees, and adding new promotional programs for parking |
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facilities operated by the City of Oakland |
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2) Adopt a Resolution appropriating $93,403 to the Multi-purpose Reserve Fund (Fund |
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1750) for parking facilities operated by the City of Oakland (TITLE CHANGE) |
This item was continued from the April 5, 2005 City Council meeting.
16
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Subject: California State Department of Transportation - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution supporting a Public Trust Land |
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exchange at the former Oakland Army Base by authorizing the Agency Administrator to |
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negotiate and enter into a purchase and sale agreement with the California State |
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Department of Transportation for a 6.5 acres portion of the property known as City-Port |
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MOA parcel nine |
17
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Subject: Oak Knoll Naval Medical Center |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator |
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to negotiate and execute a settlement agreement with the United States Navy and the |
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Oakland Base Reuse Authority regarding the disposition of the Naval Medical Center |
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Oakland (Oak Knoll) Property that will include transferring approximately 5.5 acres of |
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the property to the Oakland Redevelopment Agency |
18
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From: Public Works Agency |
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Recommendation: Adopt a Resolution approving the final Map of Tract Map Nos. 7351 |
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and 7493 in a real estate subdivision entitled "Tract 7351", Leona Quarry Subdivision, |
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located north of the intersection of Mountain Boulevard and Edwards Avenue, Oakland, |
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Alameda County, California |
19
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Subject: Knowland Park and Zoo - Living Wage Waiver |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution suspending the Living Wage Requirements for the |
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East Bay Zoological Society until July 1, 2005 |
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At the April 5, 2005 City Council Meeting, the Oakland City Council |
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directed the City Attorney to prepare a Resolution suspending the Living |
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Wage Requirements for the East Bay Zoological Society until July 1, 2005; |
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7 Ayes |
20
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Subject: Measure Y Committee Appointment |
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From: Councilmember Brooks |
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Recommendation: Adopt a Resolution Appointing Gerald Simon (District 6 |
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Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
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Committee |
21
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Subject: Measure Y Committee Appointment |
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Recommendation: Adopt a Resolution Appointing Amy Lemley (District 1 |
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Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
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Committee |
22
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Subject: Measure Y Committee Appointment |
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Recommendation: Adopt a Resolution Appointing Jose Dorado (District 5 |
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Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
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Committee |
23
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Subject: Measure Y Committee Appointment |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution Appointing Ken Lupoff As A Member Of The |
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Violence Prevention And Public Safety Oversight Committee |
24
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Subject: Measure Y Committee Appointment |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution Appointing Venus Rodriguez As A Member Of |
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The Violence Prevention And Public Safety Oversight Committee |
25
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Subject: Measure Y Committee Appointment |
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Recommendation: Adopt a Resolution Appointing Maya Dillard Smith (District 7 |
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Representative) As A Member Of The Violence Prevention And Public Safety Oversight |
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Committee |
26
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Subject: Appointment to the City-Port Liaison Committee |
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From: Council President De La Fuente |
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Recommendation: Action Pursuant To The Council's Rules Of Procedure (Resolution |
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#79006 C.M.S.) To Confirm The City Council President's Appointment Of |
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Councilmember Henry Chang To The City-Port Liaison Committee As Co-Chairperson |
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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 April 14, 2005 Rules and Legislation |
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Committee to place this item on the agenda for the following reasons: 1) |
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That there is a need to take immediate action which came to the attention |
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of the local body after the agenda was posted, and that the need to take |
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immediate action is required to avoid a substantial adverse impact that |
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would occur if the action were deferred to a subsequent special or regular |
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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. |
27
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Subject: Underground Utility District No 233 - Construction Contract |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to award a |
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contract to Underground Construction Company, Inc., in an amount not to exceed |
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$9,282,964.45 for construction of Underground Utility District No. 233, on MacArthur |
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Boulevard (from 73rd Avenue to the San Leandro city line) ("District"), $1,673,022.00 to |
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be paid by the City of Oakland and the remainder (totaling $7,609,942.45) to be paid by |
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PG&E, SBC and Comcast; or, alternatively, waiving further bidding requirements and |
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authorizing the City Administrator to reject all bids and negotiate, award and execute a |
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contract to construct the district for an amount within each entity's budget starting with |
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the lowest, responsible bidder, without return to Council |
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The April 12, 2005 Public Works Comiittee approved recommendations; 4 |
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Ayes |
27.1
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Subject: Underground Utility District No 233 - Construction Contract |
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From: Office of the City Auditor |
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Recommendation: Receive a Report from the City Auditor on a Resolution authorizing |
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the City Administrator to award a contract to Underground Construction Company, Inc., |
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in an amount not to exceed $9,282,964.45 for construction of Underground Utility |
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District No. 233, on MacArthur Boulevard (from 73rd Avenue to the San Leandro city |
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line) ("District"), $1,673,022.00 to be paid by the City of Oakland and the remainder |
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(totaling $7,609,942.45) to be paid by PG&E, SBC and Comcast; or, alternatively, |
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waiving further bidding requirements and authorizing the City Administrator to reject all |
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bids and negotiate, award and execute a contract to construct the district for an amount |
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within each entity's budget starting with the lowest, responsible bidder, without return to |
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Council |
28
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Subject: Chinatown Pedestrian-Oriented Improvements Project |
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From: Public Works Agency |
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Recommendation: Adopt the following pieces of legislation: |
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1) Adopt a Resolution Accepting a Transportation for Livable Communities (TLC) Grant |
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for $2,200,000 from the Metropolitan Transportation Commission (MTC), accepting |
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$159,000 in matching funds from the Redevelopment Agency under the Cooperation |
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Agreement, and appropriating such funds to fund the Revive Chinatown |
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Pedestrian-Oriented Improvements Project; and |
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The April 12, 2005 Public Works Comiittee approved recommendations; 4 |
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Ayes |
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2) Adopt an Agency Resolution Reallocating $159,000 from the Downtown Capital |
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Project support to the City of Oakland under the Cooperation Agreement to fund the |
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Revive Chinatown Pedestrian-Oriented Improvements Project as matching funds for a |
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Metropolitan Transportation Commission (MTC) Grant |
28.1
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Subject: Chinatown Pedestrian-Oriented Improvements Project |
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From: Office of the City Auditor |
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Recommendation: Receive an Informational Report regarding the Resolution accepting a |
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Transportation for Livable Communities (TLC) Grant for $2,200,000 from the |
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Metropolitan Transportation Commission (MTC), accepting $159,000 in matching funds |
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from the Redevelopment Agency under the Cooperation Agreement, and appropriating |
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such funds to fund the Revive Chinatown Pedestrian-Oriented Improvements Project; |
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and |
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2) Adopt an Agency Resolution Reallocating $159,000 from the Downtown Capital |
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Project support to the City of Oakland under the Cooperation Agreement to fund the |
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Revive Chinatown Pedestrian-Oriented Improvements Project as matching funds for a |
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Metropolitan Transportation Commission (MTC) Grant |
29
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Subject: Raiders Ticket Surcharge |
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From: Office of the City Administrator - Budget Office |
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Recommendation: Adopt a Resolution decreasing estimated revenue and offsetting |
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appropriation from the 2004 Raiders Ticket Surcharge and authorizing a transfer of |
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$152,327.78 from the Non-Departmental citywide activities to the Office of Parks and |
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Recreation to benefit Citywide youth activities |
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The April 12, 2005 Finance and Managment Committee approved |
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recommendations and directed staff to prepare a Supplemental Report |
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including a list of all ball teams including the location of thier home fields;3 |
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Ayes, 1 Abstain - Brunner |
30
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Subject: 2005 Citizens Survey Administered Findings |
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From: Office of the City Administrator |
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Recommendation: Receive an Informational Report on the findings of the City of |
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Oakland 2005 Citizens Survey administered by the Public Opinion Research Firm of |
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Fairbank, Maslin, Maullin and Associates |
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The April 12, 2005 Finance and Managment Committee received and |
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forwarded this report; 4 Ayes |
31
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Subject: Continued Paratransit Services - Measure B |
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From: Department of Human Services |
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Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, |
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accept, and appropriate funds in the amount of $844,747 from Alameda County |
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Transportation Improvement Authority (ACTIA) Measure B Funds and up to $400,000 |
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Measure B Gap Funds for the Fiscal Year 2005-2006 for paratransit services |
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The April 12, 2005 Life Enrichment Committee approved |
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recommendations and directed staff to prepare a Supplemental Report |
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that includes a break down of administrative costs; the exact fund(s) from |
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which the dollars will be allocated; and a list of programs receiving |
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funding and the designated funding for the East Oakland Project: 3 Ayes |
32
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Subject: Lake Merritt Bicycle/Pedestrian Project - Derby Street |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution authorizing the application for, acceptance, and |
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appropriation of up to $200,000 from the State of California Department of Parks and |
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Recreation Land and Water Conservation Fund Program for the Lake Merritt |
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Bicycle/Pedestrian Project and up to $200,000 for the Derby Street segment of the |
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Oakland Water Front Trail |
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The April 12, 2005 Life Enrichment Committee received and forwarded |
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this report; 3 Ayes |
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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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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 |