Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council |
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Tuesday, March 06, 2007
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
A meeting of the Joint Oakland Redevelopment Agency and City Council was |
held on the above date. Opening with the Pledge of Allegiance, the meeting |
was convened at 6:13 pm. |
2
Roll Call / ORA & Council
ORA\Councilmember Present: 8 - Councilmember Chang, Councilmember |
Nadel, Councilmember Kernighan, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
The following individuals spoke under open forum: |
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. |
A motion was made by Councilmember Kernighan, seconded by |
Councilmember Reid, to *Approve as Submitted. The motion carried. |
Agency/Councilmember Kernighan made a motion, seconded by |
Agency/Councilmember Reid to pull item 10.9CC from the Consent Calendar |
regarding Class II Bycycle lanes on Lake Shore Avenue and reschedule this |
item to the March 20, 2007 City Council agenda as a Non-Consent item and |
directing staff to prepare a Supplemental Report for this item to respond to the |
citizens' concerns raised at the February 27, 2007 Public Works Committee |
meeting. |
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) |
No action was necessary for this item
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. |
No action was necessary for this item.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on February 20, 2007 |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, to *Approve the Minutes. The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente and Councilmember Reid |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Women's History Month |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Declaring The Month Of March 2007 "Women's |
History Month" In The City Of Oakland |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brunner, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente and Councilmember Reid |
8.2
Subject: Brenda Tipton-Gaines Recognition |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Honoring Brenda Tipton-Gaines For 29 Years Of |
Distinguished Service And Dedication To The City Of Oakland, And Congratulating Her On |
Her Retirement |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
8.3
Subject: 4th Year Anniversary Of The War On Iraq |
From: Councilmember Jean Quan and Council President De La Fuente |
Recommendation: Adopt A Resolution Noting The Fourth Year Anniversary Of The War On |
Iraq And Its Costs To The City OF Oakland's Social Programs And Sponsoring The March 24th |
Day To End The War And End The Violence At Home |
A motion was made by Councilmember Quan, seconded by President of the |
Council De La Fuente, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Brooks took a point of personal privilege and |
requested that the meeting be adjourned in memory of Don Cooper and Brian |
Perkins |
Agency/Councilmember Quan took a point of personal privilege and requested |
that the meeting be adjourned in memory of Jay Johnson and Tyler Ko |
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 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
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 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.3-CC
Subject: Limitations On Residential Eminent Domain Authority |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Adopting |
The First Amendment To The Broadway/MacArthur/ San Pablo Redevelopment Plan To Limit |
The Redevelopment Agency's Eminent Domain Authority Over Residential Property |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
10.4-CC
Subject: Carol Depasquale - 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 Carol Depasquale In The Amount Of Sixty Four |
Thousand Twenty Six Dollars And 34 Cents ($64,026.34), As A Result Of Property Damage |
Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On January 3, 2006. |
(Public Works Agency) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.5-CC
Subject: Kevin Brown - 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 Kevin Brown, In The Amount Of Sixteen Thousand |
Seven Hundred Twenty Dollars And No Cents ($16,720.00), As A Result Of Property Damage |
Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On March 16, 2006. |
(PWA) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.6-CC
Subject: Shamika And Wayne Newman - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Indemnity Contribution Claim Of General Insurance Company Of |
America/Safeco Insurance Companies (Re: Shamika And Wayne Newman) In The Amount Of |
Six Thousand Seven Hundred Fifty Dollars And No Cents ($6,750.00), As A Result Of Bodily |
Injury Damages Sustained In A Trip And Fall Incident By Wayne And Shamika Newman In A |
City Owned Building On April 8, 2006. (Redevelopment Agency) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.7-CC
Subject: Mary Harvey - 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 Mary Harvey V. City Of Oakland, et al., Superior Court, |
County Of Alameda, Case No. RG06256879, In The Amount Of $25,000.00 As A Result Of A |
Trip An Fall Accident At 3711 MacArthur Boulevard, Oakland, On June 11, 2005 (Public |
Works Agency-Trip And Fall Accident) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.8-CC
Subject: Project Priority Funds - District Seven |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $15,000 From |
Councilmember Larry E. Reid's Priority Project Funds To Northern California Compassion |
Network For The Purchase And Installation Of Walk-In Refrigeration, Additional Shelving |
And A Forklift |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
S-10.9
Subject: Class II Bicycle Lanes On Lakeshore Avenue |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The Installation Of Class II Bicycle Lanes |
On Lakeshore Avenue By Reducing Travel Lanes From Four (4) Through Lanes To Two (2) |
Through Lanes And Adding A Continuous Center-Turn Lane Between Harvard/Winsor Roads |
And Mandana Boulevard |
*Rescheduled to Concurrent Meeting of the Oakland Redevelopment |
Agency / City Council on 3/20/2007 |
as a non-consent item.
Subject: 333 17th Street - Revocable And Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Howden Building Investors LP A Revocable |
And Conditional Permit To Allow An Existing Basement For A Building At 333 17th Street To |
Encroach Under The Public Sidewalk Along 17th Street And Webster Street |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: 1300 Broadway - Revocable and Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Mash Petroleum, Inc., And the Mashhoon |
Revocable Trust A Revocable And Conditional Permit For A Building At 1300 Broadway To |
Allow An Existing Basement To Encroach Under The Public Sidewalk Along Broadway and |
13th Street |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: 3701 Broadway - Revocable And Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Kaiser Foundation Hospitals A Revocable |
And Conditional Permit To Allow Soil Shoring For New Buildings At 3701 Broadway To |
Encroach Under The Public Right-Of-Way Along Broadway and 38th Street |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: 534 Thomas L. Berkley Way - Revocable And Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Buttner Properties, Inc. A Revocable And |
Conditional Permit To Allow Vaults And Electrical Transformers For A Building At 534 |
Thomas L. Berkley Way To Encroach Under The Public Sidewalk Along 21st Street |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: 81st Avenue Public Library Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The Acceptance And Appropriation Of A |
Grant From Stopwaste.Org For The 81st Avenue Public Library Project (Project No. C274410) |
In The Amount Of Eighty Thousand Dollars ($80,000.00) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: Year-End Projections For Selected City Funds |
From: Finance and Management Agency |
Recommendation: Receive An Informational Report On Fiscal Year 2006-2007 Second Quarter |
Revenue And Expenditure Results And Year-End Projections For City's Selected Funds |
(General Purpose, Telecommunications, Equipment And Facilities) |
This Matter was *Received and Filed on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: Solbourne, Inc. - Professional Services Agreement |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
Professional Services Agreement With Solbourne, Inc., Without A Competitive Request For |
Proposal/Qualifications Process, To Restore The Critical MASS Change Function To The |
City's Payroll System In An Amount Not-To-Exceed Seventy Five Thousand Dollars |
($75,000.00) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: Lakeshore/Lake Park Business Improvement District |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Approving The Annual Reports Of The Lakeshore/Lake |
Park Business Improvement Management District, The Temescal/Telegraph Avenue Property |
Business Improvement District Of 2005, And The Laurel Property Business Improvement |
District Of 2005 Advisory Boards And Confirming The Continuing Annual Assessment For |
Each District For Fiscal Year 2006/2007 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: Urban Search And Rescue - FEMA Grant |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Apply For, |
Accept And Appropriate A Grant From The Federal Emergency Management Agency (FEMA) |
For The Period June 01, 2007 To September 30, 2008 In The Amount Of Seven Hundred Sixty |
Nine Thousand Five Hundred Dollars ($769,500) To Meet Continuing Management, Training |
And Equipment Needs Of The Fire Department's Urban Search And Rescue (USAR) Team, 2) |
Waive The City's Competitive Bidding Requirements And Authorize Procurement Of |
Equipment From The General Services Administration Agency, And 3) Award Equipment |
Contracts Without Return To Council |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: Volunteers Of America Agreement Amendment |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate $1,208,333 In An Intergovernmental Partnership Grant From The California |
Department Of Corrections And Rehabilitation For Reentry Programs Coordinated With The |
Violence Prevention And Public Safety Act Of 2004 And Authorizing The City Administrator |
To Execute An Amendment To The Agreement Between The City Of Oakland And Volunteers |
Of America, Bay Area For An Amount Not To Exceed $119,000 To Implement Project Choice |
For The Period Of February 1, 2007 To June 30, 2007 With Two Twelve-Month Options To |
Renew For An Amount Not To Exceed $270,000 Per Year |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: State And Federal Legislative Agenda |
From: Councilmember Jane Brunner |
Recommendation: Receive An Informational Report On The Final State Legislative Agenda |
For 2007 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
Passed The Consent Agenda
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, including all the preceding items marked as having |
been adopted on the Consent Agenda. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, to *Approve as Submitted the report of 2 final |
decisions made during closed session as indicated in attachment A of this |
item. The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, to *Approve as Submitted the disclosure that there |
were no non-confidential closed session discussions during closed session. |
The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Revocation of Ten Taxi Cab Medallions |
From: Office Of The City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Mr. And Mrs. Baljit Singh On Behalf Of Yellow Cab And |
Denying The Appeal Filed By Enayat Aminy On Behalf Of East Bay Driver Association |
Against The Administrative Hearing Officer's Decision To Revoke Ten Taxi Medallions Issued |
To Yellow Cab Company |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Quan, that this matter be Adopted with direction to have |
the additional 27 taxi medallions re-audited 6 months from this decision |
with the findings report back to a future Public Safety Committee meeting. |
The motion carried by the following vote: |
ORA\Councilmember Noes: 3 - President of the Council De La Fuente, |
Councilmember Brooks and Councilmember Reid |
ORA\Councilmember Ayes: 5 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner and Councilmember |
Quan |
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
opened at 7:04 pm |
The following individuals spoke on this item: |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Quan, to close the Public Hearing, and hearing no |
objections, the motion passed Ayes: Agency/Councilmember: Brooks, Brunner, |
Chang, Kernighan, Nadel, Reid, Quan, and President of the Council De La |
Fuente -8 |
AT THE REQUEST OF COUNCILMEMBER BROOKS, THE CITY COUNCIL, |
HEARD AND TOOK ACTION ON ITEM 21 AFTER ITEM 14.1 |
14.2
Subject: Oakland City Center Project Amendment |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Ordinance Authorizing The City To Enter Into A Twelfth Amendment To The |
Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., |
Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By |
Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned |
Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A |
Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights |
And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To |
Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And |
(6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block |
T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center |
Project On Block T-5/6 |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, that this matter be Approve as Amended on |
Introduction for Final Passage to the Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council, due back on March 20, 2007 with |
the changes referenced in Attachment B. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
opened at 9:40 pm |
The following individual(s) spoke on this item: |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council |
De La Fuente -8 |
2) An Agency Resolution Authorizing The Agency To Enter Into A Twelfth Amendment To |
The Disposition And Development Agreement With Shorenstein Realty Investors Three, L.P., |
Regarding The City Center Project: (1) Extending The Option To Purchase Block T-12 By |
Eight Months Until December 31, 2007; (2) Revising Provisions Regarding When The Planned |
Unit Development And Grading Permits Are Required; (3) Deleting The Option To Develop A |
Residential Project On Block T-12; (4) Approving The Assignment By SRI, Three Of Its Rights |
And Obligations To Shorenstein Realty Investors Eight, LP; (5) Committing The Developer To |
Contribute Up To $100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And |
(6) Committing The Developer To Explore The Feasibility Of Including Retail In Its Block |
T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase Center |
Project On Block T-5/6 |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
ACTION ON NON-CONSENT ITEMS:
15
Subject: McKillop Roadway - Landslide Damage |
From: Public Works Agency |
Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency Due |
To Landslide Damage To McKillop Roadway First Proclaimed By the City Of Oakland On |
October 17, 2006 |
A motion was made by Councilmember Quan, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
16
Subject: Oakland Garden Hotel, LLC - Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt the Following Pieces Of Legislation: |
1) An Agency Resolution Pursuant To Section 4.9.2 And 11.2 Of The Disposition And |
Development Agreement Between The Oakland Redevelopment Agency And Oakland Garden |
Hotel LLC, Authorizing The Agency Administrator To Approve The Transfer Of Ownership Of |
The Oakland Garden Hotel To The CIM Group; And |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted as Amended to include |
the following language: "Further Resolved: That a Certificate of |
Completion for the Oakland Garden Hotel (Courtyard Marriot) shall not |
be issued until Oakland Garden Hotel LLC pays the City the $132,204.70 |
penalty for non-compliance with the Agency's contracts compliance |
programs during the construction of the Oakland Garden Hotel; or |
alternatively, places the funds in escrow. If placed in escrow, the funds |
shall be released to Oakland Garden Hotel LLC upon the close of the |
Pacific Renaissance Settlement; provided that if the Settlement is not |
consummated, the funds shall be released to the agency; and be it,..." The |
motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
2) A Resolution Pursuant To Section 10. Of The Hyatt Regency Oakland Hotel Ground Lease |
Between The City Of Oakland And Oakland Renaissance Associates Authorizing The City |
Administrator To Approve The Assignment Of The Ground Lease And The Sale Of The |
Marriott Hotel To The CIM Group, And To Accept All Payments Due The City |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted as Amended to include |
the following language: “Further Resolved: That the proceeds from the |
transfer of the Marriott, including the assignment of the Ground Lease and |
other transactions associated with the transfer, shall remain in escrow until |
appropriate distribution of loan pool funds is agreed to be the City; and be |
it.” |
The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
17
Subject: Oakland Ice Center Contract |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To |
Negotiate And Execute A Three-Year Agreement With Rink Management Services |
Corporation For Management And Operation Of The Oakland Ice Center For A Base Monthly |
Fee Not To Exceed $4,900, Plus An Annual Incentive Fee Not To Exceed 20 Percent Of Net |
Revenue Adjusted For Any Deferred Expenses That May Be Earned During The Previous Year |
In Excess Of $7,603, Pursuant To Specific Criteria |
No Action Taken
The following individual(s) spoke on this item: |
Pursuant to City Charter Section 200, which provides that "the Mayor shall |
have a vote on the Council if the councilmembers are evenly divided", and Rule |
29 of the Council's Rules of Procedure, Resolution No. 79006 C.M.S. this item |
was automatically continued solely for the purpose of allowing the Mayor to |
cast a vote on the substitute motion. |
Upon call of the item, the City Clerk read unto the record a letter from the |
Office of the Mayor included in the packet declining to vote on this issue and |
refering the matter back to Council for action. As a result of the Mayor's |
decision the substitute motion failed and Council returned to consideration of |
the main motion made by Councilmember Brooks. |
Councilmember Brooks made a motion which was seconded by Councilmember |
Reid directing staff to negotiate and execute a three-year agreement with Rink |
Management Services for management and operation of the Oakland Ice |
Center, and upon call of the roll, the motion failed by Ayes: |
Agency/Councilmember: Brunner, Chang, Quan -3; Noes: Brooks, Kernighan, |
Nadel, Reid - 4, Abstain - President of the Council De La Fuente -1 |
Agency/Councilmember Chang made a motion, seconded by |
Agency/Councilmember De La Fuente, to approve the Community and |
Economic Development Community recommendation with the following |
amendments: 1) change the term of the contract from three years to a two-year |
agreement with SJAM with an option for the City to extend the agreement for |
one additional year; 2) a community advisory group for the Oakland Ice |
Center shall be created; 3) all fee increased will be brought back to the City, |
with discounted offers for Oakland residents; 4) one of the performance |
measures for the contract will be the percentage of Oakland residents that use |
the facility; 5) SJAM will provide assistance with transportation for the public |
school program, and upon call of the roll , the motion failed by Ayes: |
Agency/Councilmember: Brooks,Kernighan, Nadel, Reid - 4; Noes: Brunner, |
Chang, Quan - 3; Abstain: President of the Council De La Fuente -1 |
Agency/Councilmember Kernighan made a motion, seconded by |
Agency/Councilmember Brooks, to approve the Community and Economic |
Development Community recommendation with the following amendments: 1) |
change the term of the contract from three years to a two-year agreement with |
Rink Management with an option for the City to extend the agreement for one |
additional year; 2) a community advisory group for the Oakland Ice Center |
shall be created; 3) all fee increased will be brought back to the City, with |
discounted offers for Oakland residents; 4) one of the performance measures |
for the contract will be the percentage of Oakland residents that use the facility; |
5) Rink Management will provide assistance with transportation for the public |
school program, and upon call of the roll , the motion failed by Ayes: |
Agency/Councilmember: Brooks,Kernighan, Nadel, Reid - 4; Noes: Brunner, |
Chang, Quan - 3; Abstain: President of the Council De La Fuente -1 |
and the motion failed and no action was taken on this item and this matter died |
in Council. |
UPON CONCLUSION OF THIS ITEM THE CITY COUNCIL RETURNED |
ITEM 14.2 NOTICED AS A PUBLIC HEARING |
18
Subject: Condominium Conversion Program |
From: Community and Economic Development Agency |
Recommendation: Action On A Report And Recommendations Regarding (1) Individual |
Development Accounts For Homeownership For Low And Moderate Income Residents; (2) |
Development And Implementation Of A City-Wide Community Land Trust; And (3) Use Of |
Housing Rehabilitation And Housing Development Funds For Use In Conjunction With A |
Condominium Conversion Program To Promote Neighborhood Revitalization |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, that this matter be Deferred to the Office of the City |
Administrator in support of the committee recommendation to send this |
item to the Blue Ribbon Inclusionary Housing Commission. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke on this item: |
S-19
Subject: Utility Box Design And Guidelines |
From: Community and Economic Development Agency |
Recommendation: Action On A Report On The Final Site Design And Siting Guidelines For |
Utility Boxes In The Public Right-Of-Way (Title Change) |
A motion was made by Councilmember Kernighan, seconded by |
Councilmember Reid, that this matter be Approved in accordance with the |
Committee recommendation to: 1) Adopt the Surface Mounted Facility |
Placement Guidelines; 2) Adopt the Screening Templates for the AT&T |
Lightspeed project; and further direct staff to A) design screening |
templates, administratively, as required for other entities wishing to place |
facilities in the City of Oakland right-of-way; B) direct the Public Works |
Agency to use the placement guidelines and public notice procedures; and |
C) direct staff to schedule a report on the concentration of utility boxes |
from different companies in a single location. The motion carried by the |
following vote: |
ORA\Councilmember Noes: 1 - Councilmember Brunner |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
The following individual(s) spoke on this item: |
S-20
Subject: 2005-2006 Fiscal Year Comprehensive Annual Financial Report |
From: Finance and Management Agency |
Recommendation: Receive An Informational Report Presenting The Fiscal Year 2005/2006 |
Comprehensive Annual Financial Report (CAFR), The Single Audit Report, The Oakland |
Redevelopment Agency (ORA) Financial Statement, The Oakland Base Reuse Authority |
(OBRA) Financial Statement, Measure Y Audit Report, The Oakland Wildfire Prevention |
Assessment District Report, Measure DD Financial Statement, And The Management Letter |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be *Received and Filed. The |
motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke on this item: |
S-21
Subject: Workforce Housing Reward Grant |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, |
Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million Two |
Hundred Thousand Dollars ($1,200,000.00)From The State Of California Department Of |
Housing And Community Development Workforce Housing Reward Grant |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted the prioritization of |
projects with funding allocated accordingly: 1) Carter Gilmore at |
$800,000; 2) The Asian Library at $109,000; 3) Feasibility Study to repave |
West Street; 4) $100,000 for lighting and fencing at Raimondi park; with |
the $179,000 balance to go to 5) the Martin Luther King Jr. Library. The |
motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke on this item: |
AT THE REQUEST OF THE CHAIR THE CITY COUNCIL HEARD AND |
TOOK ACTION ON ITEM 17 AFTER ITEM 21. |
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) |
There being no further business, and upon the motion duly made, the |
Agency/Council adjourned the meeting in memory of Don Cooper, Brian |
Perkins, Jay Johnson, and Tyler Ko at 11:14 p.m. |
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