Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council |
City of Oakland
Online Meeting Agenda
Oakland, California |
94612 |
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, December 16, 2003
Pledge of Allegiance
1
Roll Call / ORA & Council |
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor 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 |
2
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
3
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. |
4
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) |
5
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. |
6
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on December 2, 2003 |
7
8. Presentation of Ceremonial Matters
Recommendation: Presentation of a Proclamation honoring Officer Margaret |
Dixon for her years of service in dedication to Oakland's Youth |
8.1
Subject: "BEAT HEALTH DAY" |
Recommendation: Adopt a Resolution recognizing the Oakland Police |
Department Beat Health Unit and declaring December 17, 2003 as "BEAT |
HEALTH DAY" in the City of Oakland |
8.2
Subject: Oakland Youth Orchestra |
From: Councilmember Chang |
Recommendation: Adopt a Resolution honoring the Oakland Youth Orchestra |
on its 40th Anniversary |
8.3
Subject: Plywood and Lumber Sales |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution recognizing Plywood and Lumber Sales |
for their commitment to the principles of the "Triple Bottom Line" |
8.4
Subject: McClymonds Parent Academy |
Recommendation: Adopt a Resolution recognizing the Contributions of the 7th |
St. McClymonds Leadership and Engagement Initiative Parent Academy to the |
City of Oakland |
8.5
9. Council Acknowledgements / Announcements
10. CONSENT CALENDAR (CC) ITEMS:
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 |
10.1CC
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 |
10.2CC
Subject: Dominick Baker - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Dominick Baker, et al. v. City of |
Oakland, et al., United States District Court Case No. C 01-3942 MMC, our file |
no. 21379, in the amount of $22,500.00 as a result of excess force (Oakland |
Police Department) |
10.3CC
Subject: John Davis - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of John Davis v. City Of Oakland, |
et al., United States District Court Case No. C 01-0888 CRB, our file no. 20514 |
, in the amount of $110,000.00 as a result of excess force (Oakland Police |
Department) |
10.4CC
Subject: Gilbert Edwards - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the case of Gilbert Edwards, et al. v. City Of |
Oakland, et al., United States District Court Case No. C01-3858 CRB, our file |
no. 21394, in the amount of $35,000.00 as a result of excess force (Oakland |
Police Department) |
10.5CC
Subject: Leslie Jean Hardy - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the claim of Leslie Jean Hardy, in the |
amount of five thousand three hundred seventy three dollars and ninety-eight |
cents ($5,373.98), as a result of property damage sustained due to flooding |
caused by failure of the City storm drain (Public Works Agency) |
10.6CC
Subject: Bud Travers - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the claim of Bud Travers, in the amount of |
twenty two thousand two hundred sixty dollars and no cents ($22,260.00), as a |
result of property damage sustained due to flooding caused by failure of the |
City sewer main (Public Works Agency) |
10.7CC
Subject: Genevieve Powell - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing and directing the City |
Attorney to compromise and settle the claim of Genevieve Powell, in the |
amount of six thousand five hundred forty five dollars and three cents ($6,545. |
03), as a result of property damage sustained from tree roots from City trees ( |
Office of Parks and Recreation) |
10.8CC
Subject: Maria Ochoa - Oakland Museum of California Foundation Board |
10.9CC
Recommendation: Adopt a Resolution appointing Maria Ochoa as a member of |
the Oakland Museum of California Foundation Board |
Subject: Robert Thombs - Jack London Aquatic Center |
From: President De La Fuente |
Recommendation: Adopt a Resolution appointing Robert Thombs to the Board |
of Directors of the Jack London Aquatic Center |
Subject: Planning Commission Appeal - 1144 12th Street |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution denying, in part, the appeal and |
affirming, in part, the Planning Commission approval of a Major Conditional |
Use Permit and a Minor Variance (CMV03-207) for a clean and sober facility at |
1144 12th Street, Oakland, such that there is a maximum of six (6) residents |
At the November 18, 2003 City Council meeting staff was directed to prepare the |
appropriate legislation reflecting the Council's action regarding the appeal. |
Subject: Interim Controls For Signs Within Specified Zones |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance amending Ordinance No. 12461 C.M.S., to extend by six months, |
the existing interim controls on the issuance of building, zoning, and other |
permits for the construction of new business, civic and residential signs within |
all commercial, industrial, S-1, S-2, S-3, S-15, and S-16 zones |
Introduction (First Reading) was approved on December 2, 2003; Vote Count 7 Ayes; 1- |
Excused De La Fuente. |
Subject: Sale of a City Owned Surplus Property |
From: Community and Economic Development agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance authorizing the City Manager to enter into a purchase and sales |
agreement for the sale of a City owned surplus property (APN 045-5276-022- |
02) from the negotiated sale conducted on October 24, 2003 to the highest |
bidder, the Hothem Trust, in the amount of $170,000 |
Introduction (First Reading) was approved on December 2, 2003; Vote Count 7 Ayes; 1- |
Excused De La Fuente. |
Subject: Installation of Mural along 40th Street / Highway 24 Overpass |
From: Councilmember Brunner |
Recommendation: Adopt a Resolution from the Oakland City Council |
supporting the installation of a mural along 40th Street at the Highway 24 |
overpass and assuming responsibility for its maintenance and upkeep |
Revised Recommendations: The December 9, 2003 Public Works Committee approved |
the Resolution, as amended, to include the language that the upkeep of the mural will |
come from Redevelopment funds; 4 Ayes |
Subject: Coliseum Transit Hub Streetscape Improvement Project |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing acceptance and |
appropriation of an amount up to $303,188 in Transportation Funds for Clean |
Air Regional Funds from the Bay Area Air Quality Management District for the |
Coliseum Transit Hub Streetscape Project |
The December 9, 2003 Public Works Committee approved recommendations; 4 Ayes.
Subject: San Antonio Park Renovation |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing award of a construction |
contract to Bay Construction Company for the San Antonio Park renovation ( |
Project No. C196510) in the amount of six hundred forty-two thousand dollars ( |
$642,000) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS |
ITEM REQUIRES A 2/3 VOTE) |
The December 9, 2003 Public Works Committee approved recommendations; 4 Ayes.
Subject: Underground Utility District No. 234: 48th Street |
From: Public Works Agency |
Recommendation: Adopt a Resolution of Intention to establish Underground |
Utility District No. 234: 48th Street, between Telegraph and Shattuck Avenues, |
to be funded under California Public Utilities Commission (CPUC) Rule 20B; |
and set a Public Hearing for January 20, 2004 |
The December 9, 2003 Public Works Committee approved recommendations; 4 Ayes.
Subject: Installation of Signs and Creation of a "No Parking/Tow Away Zone |
From: Public Works Agency |
Recommendation: Adopt a Resolution approving the Installation of Signs and |
the creation of a "No Parking/Tow Away - Commercial Vehicles over 10,000 |
pounds or Unattached Trailers" Zone on 81st Avenue between Plymouth |
Avenue and Bancroft Avenue |
The December 9, 2003 Public Works Committee approved recommendations; 4 Ayes.
Subject: Jack London On Street Parking Improvements |
From: Public Works Agency |
Recommendation: Adopt a Resolution approving installation of: 1) diagonal |
parking one side of the street for eleven identified blocks, and 2) one and two- |
hour parking zones on eighteen identified block fronts, in the Jack London |
District, upon majority support from adjacent properties |
Revised Recommendation: The December 9, 2003 Public Works Committee approved |
the Resolution, and continued the portion of the staff report outlining the 8 proposals |
presented in the Mixed-Use Parking Permit Program to the January 27, 2004 Public |
Works Committee meeting; 4 Ayes. |
Subject: Fleet Management System Software - Agreement |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing a professional services |
agreement with Maximus Asset Solutions for purchase, installation, |
configuration, training, licensing and support of software for a Fleet |
Management System for an amount not to exceed $500,000 |
The December 9, 2003 Public Works Committee approved recommendations; 4 Ayes.
Subject: Central District Urban Renewal Plan |
From: Community and Economic Development Agency |
Recommendation: Adopt an Ordinance amending the Central District Urban |
Renewal Plan to eliminate the time limit on establishing debt |
The December 9, 2003 Finance and Management Committee approved |
recommendations; 4 Ayes. |
Final Passage (Second Reading) has been scheduled for January 6, 2004. |
Subject: Master Fee Schedule |
From: Finance and Management Agency |
Recommendation: Approve the following legislation: |
(1) Approve the Introduction (First Reading) of an Ordinance amending |
Ordinance Number 9336 C.M.S. (Master Fee Schedule), as amended, to |
increase the fee collected on delinquent accounts; to increase the fee imposed |
for the delivery of information relating to Business Tax Certificates; to add a fee |
for the administration of Promissory Notes; to add a fee for the recordation of |
a release of lien; and to include in the Master Fee Schedule the fees imposed |
for administrative service charges relating to Business Tax Liens and Real |
Estate Transfer Tax Liens and codify the Business Tax Certificate |
Replacement Fee in the Master Fee Schedule |
(2) Approve the Introduction (First Reading) of an Ordinance amending |
Chapters 4.20 and 5.04 of the Oakland Municipal Code to remove the amount |
of the Administrative Service charges imposed for Real Estate Transfer Tax |
Liens, Business Tax Liens and for the issuance of duplicate Business Tax |
Certificates |
The December 9, 2003 Finance and Management Committee approved |
recommendations; 4 Ayes. |
Final Passage (Second Reading) has been scheduled for January 6, 2004. |
Subject: 51st Street and Coronado Avenue - Surplus Real Property |
From: Community and Economic Development Agency |
Recommendation: Adopt an Ordinance authorizing the City Manager to enter |
into an offer to purchase agreement with John H. Jacobsen and Mara M. |
Jacobsen the adjoining property owners for 1,500 square feet of surplus real |
property located at 51st Street and Coronado Avenue for the fair market value |
of $1,500 |
The December 9, 2003 Finance and Management Committee approved |
recommendations; 4 Ayes. |
Final Passage (Second Reading) has been scheduled for January 6, 2004. |
Subject: Master Parking Management Contract |
From: Community and Economic Development Agency |
Recommendation: Approve Recommendation regarding a motion directing |
staff to issue a Request for Proposals for Master Parking Management |
Contract for City, Parking Authority and Redevelopment Agency owned |
garages |
The December 9, 2003 Finance and Management Committee approved |
recommendations; 4 Ayes. |
Subject: City Center Garage |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation regarding the City Center |
Garage: |
1) Adopt an Agency Resolution authorizing the Agency Administrator to enter |
into a First Amendment to the Third Amended and Restated Easement |
Agreement regarding the existing vehicular ramp servicing the City Center |
Garage which would: (1) Permit modification of the existing ramp or |
replacement of the existing ramp with a new ramp; and (2) allow the modified |
or newly constructed ramp to continue to have an entry and exit on 11th Street |
in downtown Oakland, and |
2) Adopt a Resolution authorizing the City Manager to enter into a First |
Amendment to the Third Amended and Restated Easement Agreement |
regarding the existing vehicular ramp servicing the City Center Garage which |
would: (1) Permit modification of the existing ramp or replacement of the |
existing ramp with a new ramp; and (2) allow the modified or newly constructed |
ramp to continue to have an entry and exit on 11th Street in downtown Oakland |
The December 9, 2003 Community and Economic Development Committee approved |
recommendations; 4 Ayes. |
Subject: Summary Vacation of Sanitary Sewer Easement on Walker Avenue |
From: Community and Economic Development Agency |
Recommendation: Adopt an Ordinance summarily vacating a five-foot wide |
sewer easement located on 711 Walker Avenue (APN 011-0836-018-00) and |
717 Walker Avenue (APN 011-0836-017-00) |
The December 9, 2003 Community and Economic Development Committee approved |
recommendations; 4 Ayes. |
Final Passage (Second Reading) has been scheduled for January 6, 2004. |
Subject: Native American Health Center |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Manager to accept |
and appropriate a Substance Abuse and Mental Health Services Administration |
(SAMHSA) grant in the amount of $5,999,538 over a six year period, Fiscal |
Years 2003-2009, to provide child mental health services and to execute a |
contract with the Native American Health Center to provide said services in an |
amount of $932,885 for Fiscal Year 2003-2004 with five one-year options to |
renew |
The December 9, 2003 Life Enrichment Committee approved recommendations; 4 Ayes |
. |
Subject: Joint-Use School and Public Library |
From: Oakland Public Library |
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
of the City of Oakland, to enter into a lease agreement and joint use |
cooperative agreement between the Oakland Public Library and the Oakland |
Unified School District for the operation of a joint use school and public library |
on the Woodland Elementary School Campus, located at 81st Avenue and |
Rudsdale Street |
The December 9, 2003 Life Enrichment Committee approved recommendations; 4 Ayes |
. |
Subject: Alameda Eastlake Feasibility Study and Project |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City of Oakland to apply |
for, accept and appropriate up to $552,000.00 in Fiscal Year 2003-2004 |
Measure B Bicycle and Pedestrian Discretionary Funds for (1) update of the |
Oakland Bicycle Master Plan, including associated environmental |
documentation; and (2) construction of the Eastlake Streetscape Project |
Pedestrian elements from 8th to 10th Avenue |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Radar Speed Trailers and Public Safety Brochures |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Manager to accept |
and appropriate $81,500 in Fiscal Year 2004-2005 funding from the Office of |
Traffic Safety (OTS) for six Radar Speed Trailers and Public Safety Brochures |
and to negotiate and execute a purchase agreement with Ver-Mac, Inc. not to |
exceed $66,000 for the radar speed trailers |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Police Administration Building Seismic Retrofit |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing Amendment No. 6 to the |
Agreement with the KPA Group for additional architectural and engineering |
services for the Police Administration Building Seismic Retrofit Phase I Project |
in an amount not to exceed $131,017 for a total contract amount not to exceed |
$899,028 |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Sobriety Checkpoint Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf |
of the City of Oakland to accept and appropriate a grant in the amount of one |
hundred seven thousand, five hundred and twenty-five dollars ($107,525) from |
the State of California, Office of Traffic Safety, for a Sobriety Checkpoint |
Program to be conducted by the Police Department |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Paul Coverdell Forensic Science Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager on behalf |
of the City of Oakland to accept and appropriate a grant in the amount of two |
hundred thirty-nine thousand three hundred and fifty-four dollars ($239,354) |
from the U.S. Department of Justice, National Institute of Justice, for the Paul |
Coverdell National Forensic Science Improvement Act Program to be |
conducted by the Police Department |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Oakland Area Violent Drug Task Force |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the acceptance and |
appropriation of Federal Funds from the United States Department of Justice, |
Drug Enforcement Administration (DEA), in an amount not to exceed seventy |
thousand five hundred seventy-eight dollars and seventy-five cents ($70,578. |
75), for the overtime reimbursement costs of police personnel assigned to the |
Oakland Area Violent Drug Task Force, for the period of April 1, 2003 through |
September 30, 2004, to the Oakland Police Department |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Pathways to Change |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Manager to enter |
into a funding agreement between the City of Oakland and the East Bay |
Community Foundation (Safe Passages) in an amount not to exceed two |
hundred thousand dollars ($200,000) for the period of July 1, 2003 through |
June 30, 2004 for services associated with the "Pathways to Change" Juvenile |
Repeat Offender Program |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: After-Hour and Emergency Veterinary Medical Services |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services |
agreement between the City of Oakland and VCA Bay Area Animal Hospital in |
an amount not to exceed sixty-one thousand six hundred forty dollars ($61,640 |
) for the period of July 1, 2003 through June 30, 2005, to provide after-hour |
and emergency veterinary medical services |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: McGuire Research Services, LLC |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services |
agreement between the City of Oakland and McGuire Research Services, LLC, |
in an amount not to exceed $50,000 to conduct a City-wide survey to |
determine the nature of citizen interaction with police, for the purpose of |
gathering statistics on citizens' experiences |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: National Medical Services |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services |
agreement between the City of Oakland and National Medical Services, in an |
amount not to exceed one hundred fifty-four thousand seven hundred dollars ( |
$154,700), for Blood and Urine Testing for the Period of July 1, 2003 through |
June 30, 2005 |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: High Rise Firefighting Equipment And Training |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution authorizing the City Manager to accept |
and appropriate a grant for sixty four thousand five hundred and fifty four |
dollars ($64,554) from the Federal Emergency Management Agency (FEMA), |
United States Fire Administration (USFA), to the Oakland Fire Department, for |
high rise firefighting equipment and training |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: CORE Program Funding |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution to accept and appropriate seven |
thousand five hundred ten dollars and nine cents ($7,510.09) for the period |
December 4, 2002 to December 5, 2003 from the Federal Emergency |
Management Agency (FEMA) and the State of California Go SERV Grant for |
Community Emergency Response Team (CERT) Enhancement, awarded and |
administered by Alameda County Sheriffs Department Operational Area to the |
Oakland Fire Department Office of Emergency Services (OES) for the City of |
Oakland's Citizens of Oakland Respond to Emergencies (CORE) Program |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
Subject: Alameda County Operational Area Oil Spill Response Plan |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution to accept and appropriate eighteen |
thousand five hundred dollars ($18,500), for Fiscal Year December 4, 2002 to |
December 5, 2003 Federal Emergency Management Agency (FEMA) |
Supplemental Emergency Operations Planning Grant awarded and |
administered by Alameda County Sheriffs Department, Operational Area to the |
Oakland Fire Department Office of Emergency Services (OES) for |
development of a terrorism annex, and review and update of the Alameda |
County Operational Area Oil Spill Response Plan |
The December 9, 2003 Public Safety Committee approved recommendations; 3 Ayes; 1 |
Absent, Nadel |
Subject: Bricker-Mincolla Uniforms |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution authorizing the City Manager to waive |
formal advertising and competitive bidding and enter into a contract with |
Bricker-Mincolla Uniforms for provision of firefighter trousers and coats in an |
amount not to exceed one hundred and thirty thousand dollars ($130,000) for |
the period March 1, 2004 through March 1, 2007 and authorizing the City |
Manager to extend said contract for two additional years, one year at a time, |
until March 1, 2009, for an additional annual expenditure not to exceed forty |
three thousand three hundred thirty three dollars ($43,333) |
The December 9, 2003 Public Safety Committee approved recommendations; 4 Ayes.
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed |
Session |
11
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
Sunshine Ordinance |
12
Reconsideration of Ordinances pursuant to Charter Section 216
13
14. Consideration of items with statutory Public Hearing Requirements:
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 Interim City |
Manager 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 |
14.1
2) Adopt a Resolution overruling protests and objections, and accepting and |
confirming reports of the Interim City Manager on the costs 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 Interim City |
Manager on the delinquent real property transfer taxes and confirming the |
recordation of liens, admininstrative 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 collection |
Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding Delinquent Mandatory |
Garbage Fees for July - September 2003, quarterly accounts and April - June |
2003 monthly accounts and upon conclusion adopt one of the following |
Resolutions: |
1) Adopt a Resolution accepting and confirming reports of the Interim City |
Manager 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 |
14.2
2) Adopt a Resolution overruling protests and objections, and accepting and |
confirming reports of the Interim City Manager 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 Interim City |
Manager on the 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 |
Alameda County Tax Collector for collection |
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) Adopt a Resolution accepting and confirming reports of the Interim City |
Manager 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 |
14.3
2) Adopt a Resolution overruling protests and accepting and confirming |
reports of the Interim City Manager 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) Adopt a Resolution continuing hearing on reports of the Interim City |
Manager 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 |
Subject: Check Cashing Facilities - Public Hearing |
From: President De La Fuente |
Recommendation: Conduct a Public Hearing and upon conclusion adopt an |
Emergency Ordinance pursuant to Charter Section 213, establishing Interim |
Controls for check cashiers and/or check cashing businesses within all zoning |
districts where consultative and financial services are either allowed by right or |
conditionally permitted (which includes Commercial Zones C-5, C-10, C-20, C- |
25, C-27, C-30, C-31, C-40, C-45, C-51, C-55, and C-60, all Industrial Zones, |
Special Zones S-1, S-2, S-3, S-16, and S-19), and suspending conflicting |
provisions, to take effect immediately upon introduction and adoption |
14.4
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS |
ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING |
6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED. |
Subject: Community Development Block Grant Programs - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
Resolution allocating an estimated award of $10,106,000 of Community |
Development Block Grant Funds for Fiscal Year 2004-2005 between the |
categories of Housing, Economic Development, Neighborhood Programs and |
Administration; allocating an estimated $1,800,000 in program income to |
Housing and Economic Development Activities (TITLE CHANGE) |
14.5
Revised Recommendation: The December 9, 2003 Community and Economic |
Development Committee approved the Resolution as amend to exclude setting aside $ |
300,000 for Violence Prevention Services. 3 Ayes; 1 Absent, Reid |
ACTION ON NON-CONSENT ITEMS:
Subject: Lakeshore/Lake Park Business Improvement Management District |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution approving and confirming the annual |
report of the Lakeshore/Lake Park Business Improvement Management District |
Advisory Board and the continuing annual assessment for the Lakeshore/Lake |
Park Business Improvement Management District for Fiscal Years 2003-2004 |
15
This item was withdrawn and rescheduled from the November 4, 2003 City Council |
Agenda |
Subject: Off-Site Real Time Closed Captioning Stenography Services |
From: Office of the City Clerk |
Recommendation: Adopt a Resolution authorizing the City Manager to execute |
a professional services contract with Rapidtext for off-site real time closed |
captioning stenography services for the Concurrent Redevelopment Agency/ |
Oakland City Council and Committee meetings in an amount not to exceed |
ninety thousand dollars ($90,000) per year for the period from January 1, 2004 |
15.1
through June 30, 2005 and authorizing the City Manager to execute a two year |
extension of the contract for an additional amount not to exceed ninety |
thousand dollars ($90,000) per year |
Revised Recommendation: The December 9, 2003 Finance and Management |
Committee approved the recommendation and directed Staff to prepare a supplemental |
report requesting clarification regarding personnel, wages or contract amount, service |
level, rate comparison, and annual projected cost; 2 Ayes, 1 No - De La Fuente, 1 |
Abstain - Brunner |
Subject: Wildcat Canyon Ranch Youth Program |
From: Office of Parks and Recreation |
Recommendation: Adopt a Resolution modifying the license and master |
concession agreement between the City and Wildcat Canyon Ranch Youth |
Program to increase horse boarding fees and to extend the term through June |
30, 2004 (TITLE CHANGE) |
16
Revised Recommendation: The October 28, 2003 Life Enrichment Committee approved |
staff recommendation to increase the designated fees, and amend the contract |
extension to the end of the City Fiscal Year 2003/2004 and the school year, but did not |
approve the direction for a Request for Proposals, and forwarded this item to the City |
Council for further discussion; 4 Ayes |
This item was withdrawn and rescheduled from the December 2, 2003 City Council |
agenda. |
Subject: Interim Controls for Signs |
From: Office of the City Attorney |
Recommendation: Adopt an Emergency Ordinance, pursuant to Charter |
Section 213, establishing interim controls for conditional use permits and |
variance and related findings for signs and suspending conflicting provisions, |
to take effect immediately upon Introduction and Adoption |
17
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS |
ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING |
6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED. |
The November 20, 2003 Rules and Legislation Committee scheduled this item directly |
to City Council as a Non-Consent Item due to its time sensitive nature. |
Subject: Temporary Youth Homeless Shelter - 925 Brockhurst St. |
Recommendation: Adopt an Emergency Ordinance pursuant to Charter |
Section 213, declaring a shelter crisis and suspending planning, zoning and |
other permit requirements for the temporary establishment of a youth shelter |
for the homeless at 925 Brockhurst Street to take effect immediately upon |
introduction and adoption |
18
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS |
ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING |
6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED. |
The November 20, 2003 Rules and Legislation Committee scheduled this item directly |
to City Council as a Non-Consent Item due to its time sensitive nature. |
Subject: Discrimination Based on Sexual Orientation |
From: Vice Mayor Nadel; Councilmembers Wan and Quan |
Recommendation: Approve the Introduction (First Reading) of an Ordinance |
updating language in the City of Oakland's Municipal Code Chapter 9.44 |
discrimination based on sexual orientation and amending Section 9.44.010 |
definitions to include discrimination based on gender identity or expression ( |
TITLE CHANGE) |
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The October 14, 2003 Finance and Management Committee approved |
recommendations: 4 Ayes, and requested that the City Attorney's Office provide an |
opinion on the City's ability to mandate anti-discrimination policies to local business and |
whether that would conflict with state or federal law. |
Final Passage (Second Reading) has been scheduled for January 6, 2004. |
Subject: Removal / Installation of Parking Meters |
From: Public Works Agency |
Recommendation: Approve the Final Passage (Second Reading) of an |
Ordinance approving the removal and installation of parking meters in the Jack |
London District on portions of: Clay Street, Webster Street, Washington Street, |
Martin Luther King, Jr. Way, Third Street, and Fourth Street |
20
The December 4, 2003 Rules and Legislation Committee scheduled this item directly to |
City Council as a Non-Consent Item due to its time-sensitive nature. |
Final Passage (Second Reading) has been scheduled for January 6, 2004. |
Subject: Oakland School for Arts |
From: Financial Services Agency |
Recommendation: Adopt a Resolution approving the issuance and sale of |
Certificates of Participation to finance a qualified Zone Academy Program and |
approving related documents and actions for the Oakland School of the Arts. |
21
The December 4, 2003 Rules and Legislation Committee scheduled this item directly to |
City Council as a Non-Consent Item due to its time-sensitive nature. |
Subject: Planning Commission Appeal - 160 14th Street |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution denying the appeal of the Planning |
Commission approval application for Affordable Housing Associates to build an |
eight story building to contain ground floor commercial space, a "Service |
22
Enriched" housing facility, and 76 affordable housing units located at 160 14th |
Street, Council District 3; Appellant: Islamic Cultural Center; Planning |
Commission Vote: 7 Ayes, 0 Noes |
At the November 18, 2003 City Council meeting, the Council approved the Conditional |
Use Permit and Variance, and directed staff to return with design review |
recommendations on December 16, 2003. |
Subject: Ronald H. Cowan Parkway and Oakland Foreign Trade Zone |
Recommendation: Adopt a Resolution authorizing the City of Oakland to obtain |
signs for Ronald H. Cowan Parkway and Oakland Foreign Trade Zone, to be |
installed along the Interstate 880 freeway |
23
Revised Recommendation: The December 9, 2003 Public Works Committee approved |
the Resolution, as amended, to include an additional Whereas clause that staff is to |
perform the routine procedures involved for street renaming, and directed staff to |
prepare a Supplemental report that clarifies the location and the cost associated with |
this structural renaming; 4 Ayes |
Subject: Salary Plan Recommendations |
From: Office of the City Manager |
Recommendation: A continued discussion of a report and recommendations |
regarding the preliminary salary plan recommendations for executive, |
management and unrepresented classifications |
24
Revised Recommendation: The December 9, 2003 Finance and Management |
Committee approved recommendations and requested a Supplemental report that |
compares executive management salaries to the salaries of staff just below the |
executive level showing the numeric and percentage variance; 4 Ayes |
Subject: Oakland Small Business Growth Center |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution amending Resolution Number 77823 C. |
M.S. to increase the amount of the contract with the Oakland Small Business |
Growth Center by $60,000 from the Neighborhood Commercial Revitalization |
Project Development Third Party Grant Fund for a total contract amount of $ |
175,000 during Fiscal Year 2003-2004 to cover operational costs through the |
remainder of the 2003-2004 Fiscal Year |
25
Revised Recommendation:The December 9, 2003 Finance and Management |
Committee approved recommendations and directed staff to prepare a report |
responding to issues raised in the Gibson CDBG Evaluation Report for submission prior |
to mid-year Budget meetings; 2 Ayes, 2 Abstain - De La Fuente, Brunner. |
Subject: Oakland Army Base Temporary Winter Shelter |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the reprogramming of $64, |
286 of available balances from Fiscal Year 2002-2003 Emergency Housing, |
Community Promotions Program for Service Organizations, and Winter Relief |
Program Funds to (1) the Alameda County-Wide Continuum of Care Council ($ |
18,000); (2) the City Of Oakland Continuum of Care ($27,286), and (3) |
Operation Dignity ($19,000) for the 2003-2004 Oakland Army Base Temporary |
Winter Shelter |
26
The December 9, 2003 Life Enrichment Committee approved recommendations; 3 |
Ayes, 1 Abstained - Quan |
Subject: Inclusionary Zoning Study |
From: Community and Economic Development Agency |
Recommendation: Action on a report and consideration of a motion regarding |
Inclusionary Zoning Programs in California Jurisdictions (TITLE CHANGE) |
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Revised Recommendation: The Community and Economic Development Committee |
approved staff recommendations and forwarded the report to the City Council with |
direction that (1) the City encourage developers to voluntarily adopt inclusionary zoning |
by offering incentives (2) staff and City Council to work with the business community to |
come up with proposals at the regional and state level, (3) work with ABAG for all cities |
to go forward with inclusionary zoning 3 Ayes, 1 Absent - Chang |
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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. |
Recorded Agenda (510) 238-2386 |
Telecommunications Display Device: (510) 839-6451 |
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