body,date,text,page,path OaklandCityCouncil,2004-07-20,"Meeting Minutes City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza Oakland, California 94612 LaTonda Simmons, City Clerk Concurrent Meeting of the Oakland Redevelopment Agency/City Council Tuesday, July 20, 2004 6:00 PM Oakland City Hall, 3rd Floor 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 6:30 p.m. 1 Pledge of Allegiance 2 Roll Call / ORA & Council COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang, At-Large, and President Ignacio De La Fuente, Dist. 5",1,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"ORA\Councilmember Present: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang 3 Open Forum / Citizens Comments (Time Available: 15 minutes) The following individual(s) spoke under Open Forum: - Gregory Jurin",2,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Sal Gomez - Jaye Shupin - Karen Lind",3,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Dorothy Coleman - Judi Bank - Marlene Rodriguez",4,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Ondrietta Johnson - Leo Handy, Jr. - Brady Gordon",5,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Dwight McElroy - Sequonite Buggs - Mustafaa Abdul Ali",6,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Brad Walters - Steve Bristow - Sanjiv Handa 4 Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an",7,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"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 Reid, seconded by Councilmember Nadel, to *Approve with the following amendments. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Nadel, to adopt the agenda with the exception of Items 10.31CC and 10.36CC, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan",8,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and President of the Council De La Fuente -8 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 2004-2005 Mid-Cycle Special Budget Review held on June 29, 2004 and the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held July 6, 2004 A motion was made by Councilmember Nadel, seconded by Councilmember Reid, to *Approve with the following amendments. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council",9,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Reid, to approve the July 6, 2004 Minutes as amended to include the following Friendly Amendment proposed by Councilmember",10,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Nadel, accepted by Agency/Councilmember Wan on item 14.3 regarding the Rotunda Garage Pubic Hearing:",11,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"""Add a provision to the development and disposition agreement that provides the Adcock Joyner building owners, the same provisions for the right of first refusal to buy the 524-528 16th Street lot as in the original resolution 77542,",12,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"but restarting the clock to run until September of 2008. "", and hearing no objections, all members present were recorded as voting: Ayes:",13,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember. Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Oakland Citizens' Academy Graduation Class of Spring 2004 From: Office of the City Administrator Recommendation: A presentation from the City Administrator for the City of Oakland Citizens' Academy Graduation Class of Spring 2004 (04-0629) City Administrator, Deborah Edgerly, made a presentation congratulating the graduates of the Citizens' Academy Class of Spring 2004",14,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual(s) spoke on this item: - Sanjiv Handa Scheduling Request.pdf, Item 8.1.pdf 8.2 Subject: Dwight Chambers - Service Recognition From: Councilmember Brooks Recommendation: Adopt a Resolution commending Dwight A. Chambers for 39 years of dedicated service to the City of Oakland (7874804-0536) A motion was made by Councilmember Brooks, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council",15,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Scheduling Request.pdf, Item 8.2.pdf, 78680 CMS.pdf 8.3 Subject: Ernie Robinson - Service Recognition From: Councilmember Reid Recommendation: Adopt a Resolution commending Deputy Chief Ernest A. Robinson III for 30 years of outstanding and dedicated service and congratulating him on his retirement (04-0613) A motion was made by Councilmember Reid, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote: Votes:",16,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"execute a purchase order with Oakland Computer Company for two hundred fifty (250) hardware upgrade kits for Police Patrol Vehicle Mobile Data Computers (MDC), in an amount not to exceed one hundred seventy-five thousand dollars ($175,000) (04-0587) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78724 C.M.S.",102,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Scheduling Request.pdf, Item 6 57-13-04.pdf, Item S10.48CC.pdf, 78724 CMS.pdf S-10.49CC Subject: New Weed and Seed Sites in East and West Oakland From: Oakland Police Department Recommendation: Adopt a Resolution authorizing a professional services agreement with Resource Development Associates in the amount of forty thousand dollars ($40,000) for the development of two official recognition applications for submission to the",103,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for the establishment of New Weed and Seed Sites in East and West Oakland (04-0610) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78725 C.M.S. Contract Number 04-1786 Scheduling Request.pdf, Item 77-13-04.pdf,",104,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item S10.49CC.pdf, 78725 CMS.pdf S-10.50CC Subject: Sutter Health - Contract Amendment From: Oakland Fire Department Recommendation: Adopt a Resolution authorizing the City Administrator to amend Resolution Number 76105 C.M.S dated October 31, 2000 to increase the contract with Sutter Health @ Work by ninety thousand dollars ($90,000) for physical fitness assessments and health testing",105,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"services for the City of Oakland's Firefighting Personnel to meet current regulatory requirements and standards of compliance, to a total contract amount not to exceed one hundred eighty four thousand one hundred fifty dollars ($184,150.00) (04-0611) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid DRA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember",106,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78726 C.M.S. Contract Number 04-1787 Scheduling Request.pdf, Item 8 7-13-04.pdf, Item S10.50CC.pdf, 78726 CMS.pdf S-10.51CC Subject: Recreation and Sports Programs - Assembly Bill 2404 From: President of the Council De La Fuente Recommendation: Adopt a Resolution proclaiming support for initiatives that encourage equal access to local recreation and sports programs for girls and boys throughout California",107,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(including those in Oakland) who want to participate in such programs, specifically State Assembly Bill 2404 introduced by Assembly Member Darrell Steinberg (04-0639) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78727 C.M.S. Scheduling Request.pdf, Item S-77-15-04.pdf, Item S10-51CC.pdf, 78727 CMS.pdf 11",108,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"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 motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang There was one final decision made during closed session.",109,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,Item 2(a) Eleanor Colbert V. City of Oakland,110,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Council authorized a settlement of $15,000 for a case involving a slip and fall accident.",111,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember Quan, to approve the settlement on Item 2(a), and hearing no objections, the motion passed by Ayes: Agency/Councilmember:",112,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8",113,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual spoke and did not indicate a position on this item: - Sanjiv Handa 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the Sunshine Ordinance A motion was made by Councilmember Wan, seconded by Councilmember Chang, to Accepted. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and",114,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Councilmember Chang Agency/Councilmember Wan made a motion seconded by Agency/Councilmember Chang confirming that there were no discussions pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8 COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER: 13 Reconsideration of Ordinances pursuant to Charter Section 216 No action was necessary for this item. 14. Consideration of items with statutory Public Hearing Requirements: 14.1 Subject: Uptown Activity Area - Continued Public Hearing",115,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: Community and Economic Development Agency Recommendation: Conduct a continued Public Hearing and upon conclusion adopt the following City and Agency Resolutions regarding redevelopment activities in the Uptown Activity Area of the Central District Redevelopment Project Area",116,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(Councilmember Nadel, District 3): (1) A Resolution authorizing approval and execution of a Lease Disposition and Development Agreement, Ground Leases, and related documents between the Redevelopment Agency and",117,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Uptown Partners, LLC., a California Limited Liability Company, for the development of a mixed use residential rental and retail development project in the Uptown Activity Area of the Central District Redevelopment Project Area; (04-0430) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks DRA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember",118,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang Resolution Number 78728 C.M.S.",119,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,Contract Number 04-1788,120,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke in favor of this item:,122,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Barry Lubouiski,123,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- John Nelson,124,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Sean Heron,125,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Phil Tagami,126,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke against this item:,128,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Cynthia Shartzer,129,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Steve Lowe,130,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Robert Leste,131,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Geoffrey Pete,132,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Wilson Riles,133,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual (s) spoke and indicated a neutral position on this item:,135,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Joyce Roy,136,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke and did not indicate a position on this item:,138,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Anna Naruta,139,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- John Chapman,140,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Sanjiv Handa,141,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was",143,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,opened at 9:15 PM,144,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Nadel made a motion, seconded by",146,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brunner, to close the Public Hearing, and hearing no",147,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"objections, the motion passed by Ayes: Agency/Councilmember: Brooks,",148,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8",149,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Nadel made a motion, seconded by",150,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brunner to adopt the resolution as amended on Item 14.1-1 and 14.1-2 to include in the LDDA provisions giving the Agency and the",151,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"City the right to terminate the LDDA under any of the following circumstances: 1. If, prior to closing:",152,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"A. The Agency/City Remediation and cost sharing obligation would exceed $2,585,000 and an acceptable cost sharing agreement has not been approved",153,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"by the Agency, or B. The projected costs associated with land acquisition (including, without",154,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"limitation, acquisition, relocation, and goodwill) exceed the currently budgeted amount of $14,200,000.",155,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"2. If, after closing, the remediation costs for previously unknown contamination (including, without limitation, environmental insurance costs,",156,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"remediation, consultant fees, investigative costs) exceed the sum of the acutally available insurance proceeds plus any unused portion of the $2,585,000",157,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"allocated to remdiation,",158,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and",159,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"President of the Council De La Fuente - -8 Item 6-1 6-22-04.pdf, Legislation Exhibits A-C.pdf, Item 6 Staff Report 6-22-04.pdf, Item 6 6-22-04 Auditor Report.pdf,",160,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item 6 SUPP 6-22-04.pdf, Item 14.4-1 07-20-04.pdf, Item 14.1 SUPP.pdf, 78728 CMS.pdf 2) An Agency Resolution authorizing the Agency Administrator to execute a Lease Disposition and Development Agreement, a Ground Lease, and related documents with Uptown Partners, LLC, a California Limited Liability Company, for the development of a mixed-use residential rental and retail development project in the Uptown Activity Area of the Central District",161,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Redevelopment Project Area; (04-0430a) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORA)Councilmember Abstained: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ORA Resolution Number: 2004-38 C.M.S. Contract Number 04-1789 Item 6-2 6-22-04.pdf, Item 14.1-2 07-20-04, 2004-38 CMS.pdf 3) A Resolution authorizing the City Administrator to execute a Cooperation Agreement with the Redevelopment Agency of the City of Oakland, and the Coalition for Workforce Housing",162,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"relating to the development of a one hundred percent (100%) affordable housing project on a parcel located immediately behind the Fox Theater between 18th and 19th Streets in the Uptown Activity Area of the Central District Redevelopment Project Area (04-0430b) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang Resolution Number 78729 C.M.S Contract Number 04-1790 Item 6-3 6-22-04.pdf, Item 14.1-3 07-20-04.pdf, 78729 CMS.pdf",163,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"4) An Agency Resolution authorizing the Agency Administrator to execute a Cooperation Agreement with the City of Oakland, and the Coalition for Workforce Housing Relating to the development of a one hundred percent (100%) affordable housing project on a parcel located immediately behind the Fox Theater between 18th and 19th Streets in the Uptown Activity Area of the Central District Redevelopment Project Area; and (04-0430c) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ORA Resolution Number 2004-39 C.M.S. Contract Number 04-1791",164,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,121,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,127,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,134,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,137,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,142,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,145,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item 6-4 6-22-04.pdf, Item 14.1-4 07-20-04.pdf, 2004-39 CMS.pdf 5) An Agency Resolution adopting a Replacement Housing Plan for housing units to be demolished at the Westerner Hotel, 1918-1954 San Pablo Avenue, for the Uptown Project (04-0430d) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks DRA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ORA Resolution Number: 2004-40 C.M.S. Item 6-5 6-22-04.pdf, Item 14.1-507-20-04.pdf, 2004-40 CMS.pdf 14.2",165,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Subject: Planned Development Zoning District Public Hearing From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusior approve the Introduction (First Reading) of an Ordinance adopting Oakland Planning Code Chapter 17.139 (Planned Development Zoning District Procedure) and making related changes to Oakland' Master Fee Schedule and Chapter 17.152 (Enforcement) (04 -0545) *Withdrawn with No New Date Committee Report Item 8 7-13-04 and Item 3 10-12 pdf, Item 14.2.07-20-04pdf, Committee Report 3.pdf 14.3 Subject: Temescal Business Improvement Management District - Public Hearing",166,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusion adopt the following pieces of legislation (Councilmember Brunner, District 1): 1) A Resolution establishing the Temescal/Telegraph Avenue Property Business Improvement",167,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"District of 2005, approving the Management Plan, directing filing of the proposed assessment district boundary description, making a determination with regard to the majority protest procedure for approval of the proposed assessments; and approving the assessments for the District; and (04-0350-1) A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Nadel",168,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78730 C.M.S. The following individual(s) spoke in favor of this item:",169,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Carlo Busby Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened 10:10PM.",170,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember Quan, to close the Public Hearing, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks,",171,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8 Item 14.3.07-20-04pdf, 78730 CMS.pdf 2) A Resolution authorizing payment of the Temescal/Telegraph Avenue Property Business Improvement District of 2005 Assessment for the City owned property (APN 014-1219-003-00 - the Temescal Library) in an amount not to exceed a total of $1,824.78 for the Fiscal Year 2004-2005 assessment period. (04-0350-2) A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:",172,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78731 C.M.S. Item 14.3.07-20-04pdf, 78731 CMS.pdf 14.4 Subject: Tree Permit Appeal-4437 Mountain View Avenue - Public Hearing From: Office of Parks and Recreation Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution denying the appeal filed by Guy Moore and Shirley Leonard-Moore against the decision of the Director of the Office of Parks and Recreation approving the issuance of a tree removal permit -",173,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"DR04-021 at 4455 - Mountain View Avenue (Councilmember Brooks - District 6) (04-0524) Continued to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 9/21/2004 The following individual(s) spoke and indicated a neutral position on this item: - Shirley Moore Council Report Item 14.6 19-21-04.pdf, Supplemental Council Report 14.69-21-04.pdf, Resolution 78799.pdf ACTION ON NON-CONSENT ITEMS: 15 Subject: Cannabis Initiative Petition From: Office of the City Clerk Recommendation: Receive a Report from the City Clerk on the results of signature verification of the Oakland Cannabis Initiative Petition and adopt the following legislation: (04-0626) Scheduling Request.pdf, Item 15. 07-20-04pdf, 78733 CMS.pdf",174,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"1) A Resolution submitting to the voters a Proposed Initiative Ballot Measure - an Ordinance that would require that the City of Oakland (1) Make investigation, citation and arrest for private adult cannabis (marijuana) offenses the City's lowest law enforcement priority;",175,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(2) Advocate through its lobbyist and City officers for changes in state and other laws to (a) allow and authorize taxation and regulation of cannabis marijuana) for adults and eliminate criminal penalties for private, adult cannabis use, (b) grant local control to cities and counties",176,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"to license and regulate cannabis businesses and collect appropriate fees and taxes, and (c) end the prosecution arrest, investigation and imprisonment for adult private cannabis offenses; (3) Establish a system to license, tax and regulate cannabis (marijuana) sales if California law is",177,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"amended to allow and authorize such actions; and (4) Create a committee to oversee the Ordinance's implementation and disbursement of revenue from licensing and taxation of businesses that sell Cannabis; at the General Municipal Election to be held on Tuesday,",178,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"November 2, 2004; and directing the City Clerk to fix the date for submission of arguments and to provide for notice and publication in accordance with law and requesting the County Board of Supervisors to consolidate Oakland's Election with the Statewide General Election",179,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(04-0626-1) A motion was made by Councilmember Wan, seconded by President of the Council De La Fuente, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORA\Councilmember Noes: 2 - Councilmember Reid and Councilmember Chang ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks",180,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,Resolution Number 78733 C.M.S.,181,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual(s) spoke in favor of this item: - Judy Appel",182,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Dale Gieringer - Mikki Norris",183,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Chris Conrad - Joe DeVries",184,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke and did not indicate a position on this item:,185,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Katherine Moore - Svea O'Banion",186,OaklandCityCouncil/2004-07-20.pdf