Concurrent Meeting of the Oakland Redevelopment Agency/City Council/Geological Hazard Abatement District Board

Tuesday, March 15, 2005 · 6:00 PM AM · City Council Chambers - 3rd Floor

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Agenda

Pledge of Allegiance
Roll Call / ORA & Council COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large, and President Ignacio De La Fuente, Dist. 5
Open Forum / Citizens Comments (Time Available: 15 minutes)
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.
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)
Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.
7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on March 1, 2005

Action: Approve as Submitted Passed

A motion was made by Council President Reid, seconded by Member Chang, to Approve as Submitted. The motion carried by the following vote:
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: March 2005 as "Arts Education Month" From: Councilmember Quan Recommendation: Adopt a Resolution proclaiming March 2005 as "Arts Education Month" (5 minutes)
City Resolution
Action: Adopted Passed

A motion was made by Council President Reid, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
8.2 Subject: March 2005 - Red Cross Month From: Councilmember Nadel Recommendation: Adopt a Resolution declaring March 2005 "Red Cross Month" in the City of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Council President Reid, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
8.3 Subject: Sister City Acknowledgement - Agadir, Morroco From: Council President De La Fuente Recommendation: A Presentation of a Proclamation from Council President De La Fuente welcoming representatives from the Port of Oakland's Sister Port of Agadir, Morroco
City Resolution
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC Subject: Declaration of a Local Emergency due to AIDS epidemic From: Office of the City Attorney Recommendation: Adopt a Resolution renewing and continuing the City Council's Declaration of a Local Emergency due to the existence of a critical public health crisis with regard to the AIDS epidemic
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.2CC Subject: Medical Cannabis Health Emergency From: Office of the City Attorney Recommendation: Adopt a Resolution renewing the City Council's Declaration of a local public health emergency with respect to safe, affordable access to Medical Cannabis in the City of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.3CC Subject: Compromise and settle the case of Deerbrook Insurance From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Deerbrook Insurance as subrogee for Bobby Lu, in the amount of $5,864.27, as a result of a vehicle collision involving a city vehicle on April 7, 2004 (Police Services Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4CC Subject: Granting of Utility Easements to Pacific Gas & Electric From: Community and Economic Development Agency Recommendation: Approve the Final Passage (Second Reading) of an Ordinance authorizing the granting of two permanent utility easements to Pacific Gas and Electric Company located at the City of Oakland Fire Station at 250 Fallon Street (Site 1) and the east side of Fallon Street at Victory Court (Site 2) for the combined appraised market value of $5,070
Ordinance
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5CC Subject: Stalfana A. Bello - Dedicated Service From: Finance and Management Agency Recommendation: Adopt a Resolution honoring Stalfana A. Bello for twenty-eight years of distinguished service to the citizens of the City of Oakland and congratulating her on her retirement
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.6CC Subject: Assessment Process for the Landscaping and Lighting Assessment District From: Office of the City Administrator Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 assessment process for the City of Oakland Landscaping and Lighting Assessment District and authorizing the City Administrator to order a preliminary Engineer's Report pursuant to the California Streets and Highways Code
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.7CC Subject: Assessment Process for the Wildfire Prevention Assessment District From: Office of the City Administrator Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 assessment process for the City of Oakland Wildfire Prevention Assessment District and authorizing the City Administrator to order a preliminary Annual Report pursuant to Oakland Municipal Code
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.8CC Subject: Salary Ordinance - Municipal Code Amendment From: Finance and Management Agency Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the Salary Schedule of Ordinance No. 12187 C.M.S. (the Salary Ordinance) to add the classifications of Community Housing Services Manager, Development/Redevelopment Program Manager, Fire Marshal, Assistant - Non Sworn, Policy Analyst, and Fire Suppression District Inspector, P.T.
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.9CC Subject: Fiscal Year 2004-2005 Revenue and Expenditure Results From: Office of the City Administrator Recommendation: Action on a Report on Fiscal Year 2004-2005 Second Quarter Revenue and Expenditure Results and Year-End Projections; for City's selected funds (General Purpose, Telecommunications, Contract Compliance, Equipment and Facilities)
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
10.10CC Subject: Foothill/Seminary Public Transit Hub Streetscape Project From: Community and Economic Development Agency Recommendation: Adopt the following pieces of legislation: 1) Adopt a Resolution accepting a Transportation for Livable Communities (TLC) planning grant for $75,000 from Metropolitan Transportation Commission, accepting up to $50,000 in matching funds from the Redevelopment Agency under the cooperation agreement, appropriating such funds to pay for Foothill/Seminary Public Transit Hub Streetscape Project, and authorizing a contract with a streetscape consultant to develop a comprehensive plan for pedestrian and transit safety streetscape for the Foothill/Seminary Area without return to Council and,
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
05-0074-1 2) Adopt an Agency Resolution appropriating up to $50,000 of Central City East Redevelopment Project Funds as matching funds for a Metropolitan Transportation Commission planning grant to the City of Oakland under the cooperation agreement to fund a comprehensive pedestrian infrastructure and transit safety streetscape plan for the Foothill/Seminary commercial district
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.11CC Subject: Oakland City-County Violence Prevention Initiative - Youth Ambassadors Program From: Department of Human Services Recommendation: Adopt a Resolution authorizing the City Administrator to accept and appropriate a grant from the San Francisco Foundation in the amount of $15,000 over a nine month period, February 2005 through October 2005, to support a Youth Ambassadors Program as part of the Oakland City-County Violence Prevention Initiative in the West Oakland target area
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12CC Subject: Four-Month Tobacco Control Enforcement Project From: Oakland Police Department Recommendation: Adopt a Resolution authorizing the City Administrator to accept and appropriate grant funds in an amount not to exceed fifteen thousand ($15,000) from the Alameda County Public Health Department, Tobacco Control Program, for a Four-Month Tobacco Control Enforcement Project by the Police Department and authorizing the department to enter into a contract for services with the Alameda County Public Health Department for implementation of this initiative
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session

Action: Approve as Submitted Passed

A motion was made by Vice Mayor Brooks, seconded by Council President Reid, to Approve as Submitted. The motion carried by the following vote:
12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the Sunshine Ordinance

Action: Approve as Submitted Passed

A motion was made by Council President Reid, seconded by Councilmember Quan, to Approve as Submitted. The motion carried by the following vote:
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1 Subject: Citizen's Option for Public Safety (COPS) - Public Hearing From: Chief of Oakland Police Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution implementing California Government Code Sections 30061-30065 and appropriating six hundred four thousand three hundred thirty-seven dollars ($604,337) in ninth year funding for the "Citizen's Option for Public Safety" (COPS) Grant to the Police Department and approving the Fiscal Year 2004-2006 spending plan
City Resolution
Action: Adopted Passed

A motion was made by Council President Reid, seconded by Member Chang, that this matter be Adopted. The motion carried by the following vote:
ACTION ON NON-CONSENT ITEMS:
15 Subject: Integrated Pest Management Policy From: Councilmember Quan Recommendation: Adopt a Resolution directing the preparation of the appropriate environmental review documents in accordance with the California Environmental Quality Act (CEQA) evaluating a limited exemption to the Integrated Pest Management Policy to use herbicides on City owned land in the Wildfire Prevention District and other City properties identified by the Fire Marshal as areas of high fire hazard
City Resolution
15.1 Subject: Leona Quarry Geologic Hazard Abatement District (GHAD) From: Public Works Agency Recommendation: Adopt the following pieces of legislation: 1) A Resolution (a) election/appointment of the Chairperson of the Leona Quarry Geologic Hazard Abatement District (GHAD) Board; (b) appointing Richard Clark, of Danville Associates, or such other person as the GHAD Boards appoints, as the Interim GHAD Treasurer/Clerk; (c) appointing Engeo, Inc., or such other entity/person as the GHAD Board appoints, as the Interim GHAD General Manager; (d) appointing Patricia E. Curtin, or other such other attorney as the GHAD Board appoints, as the Interim GHAD Attorney; (e) authorizing the Chairperson to negotiate and enter into a contract with Richard Clark or such other person as the GHAD appoints as Interim Treasurer/Clerk; and (f) authorizing the Treasurer/Clerk to negotiate and enter into contracts for GHAD general manager services and GHAD attorney services
City Resolution
Action: Adopted as Amended Passed

A motion was made by Vice Mayor Brooks, seconded by Council President Reid, that this matter be Adopted as Amended. The motion carried by the following vote:
05-0111-1 2) A resolution accepting petition and setting a Public Hearing for annexation of four lots into existing Leona Quarry GHAD
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Council President Reid, that this matter be Adopted. The motion carried by the following vote:
05-0111-2 3) A resolution accepting Amendment 1 to the Leona Quarry Geologic Hazard Abatement District Plan of control and setting a Public Hearing to consider objections on proposed amendments
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Council President Reid, that this matter be Adopted. The motion carried by the following vote:
05-0111-3 4) A resolution approving Leona Quarry Geologic Hazard Abatement District (GHAD) Budget
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Council President Reid, that this matter be Adopted. The motion carried by the following vote:
05-0111-4 5) A resolution of intention to order an assessment for the Leona Quarry Geologic Hazard Abatement District (GHAD) and setting hearing date for a Public Hearing to consider the proposed assessment and protests against the assessment
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Council President Reid, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Moratorium on Massage Service Activities From: Council President De La Fuente Recommendation: Introduction and Final Passage of an Ordinance adopting an Urgency Measure, pursuant to government Code Section 65858, extending for 90 days a moratorium on massage service activities which was adopted on February 1, 2005 (Ordinance No. 12647)
Ordinance
Action: Approved for Final Passage Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Approved for Final Passage. The motion carried by the following vote:
17 Subject: Race and Gender Disparity Evaluation and Study (Croson Study) From: President of the Council De La Fuente Recommendation: Adopt a Resolution directing the City Administrator to conduct a Race and Gender Disparity Evaluation and Study of both (1) the City's bidding and awards of City contracts (commonly referred to as a "Croson Study") and (2) the City's Workforce Diversity in comparison to the relevant labor pool by selecting through requests for qualification or requests for proposal - a qualified independent consultant(s) of national reputation to conduct the required evaluation and study
City Resolution
Action: Adopted as Amended Passed

A motion was made, seconded by Councilmember Brunner, that this matter be Adopted as Amended. The motion carried by the following vote:
18 Subject: California Retirement System From: Office of the City Attorney Recommendation: Adopt a Resolution opposing state mandated two tiered Retirement System for California's State and Local Government
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
19 Subject: Community Development's Workforce Housing Incentive Grant Program From: Community and Economic Development Agency Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept and allocate grant funds in an amount not to exceed $800,000 from the State of California Department of Housing and Community Development's Workforce Housing Incentive Grant Program to be used to fund the construction of (1) a new park at the Coliseum Gardens Housing Complex, (2) the African American Cultural Center, and (3) the Clinton Park Tot Lot (TITLE CHANGE)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Brooks, that this matter be Adopted. The motion carried by the following vote:
20 Subject: Appointment to the Cultural Affairs Commission From: Office of the Mayor Recommendation: Adopt a Resolution appointing Geoff Dorn as a member of the Cutural Affairs Commission.
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Brooks, that this matter be Adopted. The motion carried by the following vote:
21 Subject: Appointment to the Commission on Aging From: Office of the Mayor Recommendation: Adopt a Resolution appointing Annie McCoy as a member of the Commission on Aging.
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Brooks, that this matter be Adopted. The motion carried by the following vote:
22 Subject: Appointment to the Housing, Residential Rent and Relocation Board From: Office of the Mayor Recommendation: Adopt a Resolution appointing Ricardo Hunter as a member of the Housing, Residential Rent and Relocation Board
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Brooks, that this matter be Adopted. The motion carried by the following vote:
23 Subject: Memorial Park Project From: Public Works Agency Recommendation: Adopt a Resolution authorizing the City Administrator to reject all bids for the Memorial Park Project, to revise the scope of work, and to negotiate and award a construction contract without return to City Council for an amount not to exceed six hundred and thirty thousand dollars ($630,000)
City Resolution
Action: Adopted Passed

A motion was made by Council President Reid, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
23.1 Subject: Memorial Park Project From: Office of the City Auditor Recommendation: Receive a Report from the City Auditor regarding a Resolution authorizing the City Administrator to reject all bids for the Memorial Park Project, to revise the scope of work, and to negotiate and award a construction contract without return to City Council for an amount not to exceed six hundred and thirty thousand dollars ($630,000)
Informational Report
Action: Received and Filed Passed

A motion was made by Council President Reid, seconded by Councilmember Quan, that this matter be Received and Filed. The motion carried by the following vote:
24 Subject: Port of Oakland Billboards From: Vice Mayor Brunner Recommendation: Action on a Report regarding Billboards at the Port of Oakland, which will include a review of the City of Oakland's current land use authority billboards at the Port of Oakland and recommendations as to how the City can further regulate the installation of billboards within the City limits, and request to the Port of Oakland to postpone the approval of any new billboards for 45 days
Informational Report
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
24.1 Subject: Port of Oakland Billboards From: Mayor Jerry Brown Recommendation: Action on an Informational Report from the Mayor in opposition to Vice Mayor Brunner's proposal regarding billboards at the Port of Oakland
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Brunner, seconded by President Pro Tempore De La Fuente, that this matter be Received and Filed. The motion carried by the following vote:
25 Subject: Twenty-One Day California Seat Belt Compliance Campaign From: Oakland Police Department Recommendation: Adopt a Resolution authorizing the City Administrator to accept and appropriate grant funds in the amount of eighty-two thousand nine hundred and eight dollars ($82,908) from the State of California, Office of Traffic Safety, for the Police Department's Participation in a Twenty-One Day California Seat Belt Compliance Campaign
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Brooks, seconded by Member Chang, that this matter be Adopted. The motion carried by the following vote:
26 Subject: Adult Education From: Councilmember Quan Recommendation: Adopt a Resolution in Support of Adult Education
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
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)
TTD Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk - Agenda Management Unit Phone: (510) 238-6406 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 238-3254
City Resolution
... THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS.
Defunct - Communication
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Passed The Consent Agenda

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