body,date,text,page,path OaklandCityCouncil,2004-04-06,"Meeting Minutes City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza Oakland, California 94612 Ceda Floyd, City Clerk Concurrent Meeting of the Oakland Redevelopment Agency /City Council Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Tuesday, April 06, 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 6:35 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;",1,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"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 ORA\Councilmember Present: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang 3 Open Forum / Citizens Comments (Time Available: 15 minutes) The following individuals spoke under this item: -Michael Robert Collins",2,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"-Thordie Ashley -James M. Smith -Dorothy Coleman -Oscar Wright -John Grace -Sanjiv Handa",3,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"-Lynda Carson 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. Items 10.3CC, 10.5CC and 10.9CC were withdrawn and rescheduled to the April 20, 2004 City Council meeting as Non-Consent items. 5 Motion for ""Members' Requests for Reconsideration' of an Action taken at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 March 16, 2004. A motion was made by Councilmember Reid, seconded by Councilmember Wan, to *Approve with the following amendments. The motion carried by",4,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"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 Vice Mayor Chang 8. PRESENTATION OF CEREMONIAL MATTERS 8.1 Subject: Sandre R. Swanson From: President De La Fuente and Councilmember Brunner Recommendation: Adopt a Resolution declaring Sandre R. Swanson Day in Oakland and commending him for 30 years of public service (04-0220) A motion was made by Councilmember Brunner, seconded by President of the Council De La Fuente, 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",5,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78436 C.M.S. 04-0220.pdf 8.1.pdf, 78436 CMS.pdf 8.2 Subject: Sexual Assault Awareness Month From: Councilmember Nadel Recommendation: Adopt a Resolution declaring April as ""Sexual Assault Awareness Month"" ( 04-0249) A motion was made by Councilmember Nadel, seconded by Councilmember Wan, 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",6,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78437 C.M.S The following individual spoke under this item and did not indicate a position: -Ilana M. Gerjuoy 04-0249.pdf, 8.2.pdf, 78437 CMS.pdf 8.3 Subject: Students Run Oakland Program From: Vice Mayor Chang Recommendation: Adopt a Resolution commending the Students Run Oakland (SRO) Program for outstanding achievement and contribution to Oakland youth (04-0245) A motion was made by Vice Mayor Chang, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Votes:",7,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78438 C.M.S. 04-0245.pdf, 8.3.pdf, 78438 CMS.pdf S-8.4 Subject: National Community Development Week From: Vice Mayor Chang Recommendation: Adopt a Resolution declaring April 12-18, 2004, National Community Development Week (04-0274) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes:",8,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78439 C.M.S. The City Clerk advised the Council that an urgency finding was necessary for",9,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"the Council to consider this item. Agency/Councilmember Chang made a motion seconded by Agency/ Councilmember Wan to approve an urgency finding pursuant to Section 2.20. 080 E(2) regarding Item S-8.4 that there is a need to take immediate action",10,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"which came to the attention of the local body after the agenda was posted, and that the need to take immediate action relates to a purely ceremonial or commendatory action. 04-0274.pdf, S-8.4 SUPP 4-6-04.pdf, 78439 CMS.pdf 9. COUNCIL ACKNOWLEDGEMENTS/ANNOUNCEMENTS Agency/Councilmember Reid took a point of personal privilege and requested",11,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"that the meeting be adjourned in memory of Fred Richardson and Albertine Bradford. Agency/Councilmember Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Albertine Bradford and Sue Carol",12,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Brown. Agency/Councilmember Quan took a point of personal privilege and requested that the meeting be adjourned in memory of Bob Gattis. 10. CONSENT CALENDAR (CC) ITEMS: 10.1CC Subject: Declaration of a Local Emergency due to AIDS epidemic From: Office of the City Attorney",13,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"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 (04-0255) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78440 C.M.S.",14,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"The following individuals spoke in favor of this item: -Joe Hawkins -Hazel Wesson -Patricia Kevena Fili 10.1CC.pdf, 78440 CMS.pdf 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 (04-0256)",15,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78441 C.M.S. 10.2CC.pdf, 78441 CMS.pdf 10.3CC Subject: Gustavo Fuentes - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to",16,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"compromise and settle the case of Gustavo Fuentes v. Officer A. Ramos, et al., United States District Court Case No. C-004647 CW, our file no. 20481, in the amount of $450,000.000. This case involves a claim of use of excessive force and false arrest, (Oakland Police Department- Alleged Civil Rights Violation) (04-0257) This item was withdrawn and rescheduled to the April 20, 2004 City Council agenda The following individual spoke on this item and did not indicate a position: - Sanjiv Handa 10.3CC.pdf",17,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Item 17.pdf 4-20-04, 78491 CMS.pdf 10.4CC Subject: Donald Jones - 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 Donald Jones v. City of Oakland, et al., United States District Court Case No. C03-3303 WHA, our file number 23206, in the amount of $8,000.00. This case involves claims of violations of civil rights against Oakland Police Officers (Oakland Police Department-Police Conduct) (04-0185)",18,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brunner ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78442 C.M.S. The following individual spoke against this item: - John Grace 10.4CC.pdf, 04-0185 Withdrawn.pdf, 10.4CC.pdf,",19,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"78442 CMS.pdf 10.5CC Subject: Javad T.M. Jackson - 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 Javad T. M. Jackson v. City of Oakland, et al., United States District Court Case No. C 02 4496 WHA (JCS), our file number 22389, in the amount of $250, 000.00. (Oakland Police Department) (04-0262) This item was withdrawn and rescheduled to the April 20, 2004 City Council agenda 10.5CC.pdf, Item 18.pdf 4-20-04, 78492 CMS.pdf 10.6CC",20,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Subject: Uhuru Cooper - 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 Uhuru Cooper V. City of Oakland, et al., United States District Court Case Number C 02-5926 MHP, our file number X01744, in the amount of $35, 000.00. This case involves the arrest of the plaintiff (Oakland Police Department-Alleged Civil Rights Violation) (04-0258) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following",21,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brunner ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78443 C.M.S. 10.6CC.pdf, 78443 CMS.pdf 10.7CC Subject: West Bay Builders, Inc. - 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 City of Oakland v. West Bay Builders, Inc., Superior Court,",22,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78444 C.M.S. 10.7CC.pdf, 78444 CMS.pdf 10.8CC",23,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Subject: Alameda Point General Plan Amendment - 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 City of Oakland v. City of Alameda (Alameda Point General Plan Amendment) on the following terms: City will provide $462,000 in traffic and pedestrian",24,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"safety improvements in Oakland Chinatown; City of Alameda will provide an additional $500, 000 for such improvements in Oakland Chinatown; and the City of Alameda will provide $75, 000 to cover the cost of establishing and administering an Oakland Chinatown Advisory Committee that will advise Oakland and Alameda on Chinatown development and environmental review issues (Alameda County Superior Court Case Number RG-03133599) (",25,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"04-0235) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78445 C.M.S. The following individual spoke on this item and did not indicate a position: -Sanjiv Handa",26,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"04-0235.pdf, 10.8CC.pdf, 78445 CMS.pdf 10.9CC Subject: Jose Ortiz - 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 Jose Ortiz v. City of Oakland, et al., Alameda County Superior Court Case No. 2002-045451, our file number 21470, in the amount of $15,000.00. ( Oakland Police Department) (04-0261) This item was withdrawn and rescheduled to the April 20, 2004 City Council agenda 10.9CC.pdf, Item 19.pdf 4-20-04,",27,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"78493 CMS.pdf 10.10CC Subject: Salary Ordinance Amendment - Unrepresented Employee From: Finance and Management Agency Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the Salary Schedule of Ordinance Number 12187 C.M.S. (the Salary Ordinance) to increase the salaries of Unrepresented Employee job classifications in Units UK1, U31, UN1 and UR1 (04- 0116) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Approved for Final Passage. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember",28,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Ordinance Number 12590 C.M.S. The following individual spoke on this item and did not indicate a position: -Sanjiv Handa 04-0116.pdf, Item 4 3-9-04.pdf, S-10.29CC.pdf. 10.10CC.pdf, 12590 CMS.pdf 10.11CC",29,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Subject: Salary Ordinance Amendment - Classifications From: Finance and Mangement Agency Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the Salary Schedule of Ordinance Number 12187 C.M.S. (the Salary Ordinance) to add the classifications of Construction and Maintenance Mechanic, PPT, Head Start Facilities",30,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Coordinator, Hearing Officer, Hearing Officer, PPT, Maintenance Mechanic, PPT, Senior Hearing Officer, Senior Hearing Officer, PPT and Web Specialist, and to amend the classifications of Police Identification Section Supervisor, Fire Communications Dispatcher, Senior, Fire Communications Supervisor, Electrical Engineer II and Electrical Engineer III (04- 0124) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Approved for Final Passage. The motion carried",31,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"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 Vice Mayor Chang Ordinance Number 12591 C.M.S. 04-0124.pdf, Item 33-9-04.pdf, Item S-233-16-04.pdf, 10.11CC.pdf, 12591 CMS.pdf 10.12CC Subject: Motorized Scooters",32,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"From: Oakland Police Department Recommendation: Adopt a Resolution in support of Assembly Bill 1878 (Chan) to amend the California Vehicle Code to provide additional traffic enforcement strategies to address problems associated with motorized scooters (04-0193) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78446 C.M.S. 04-0193.pdf, 10.12CC.pdf, 78446 CMS.pdf",33,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"10.13CC Subject: Planning Commission Appeal - 4690 Tompkins From: Community and Economic Development Agency Recommendations: Adopt a Resolution upholding the appeal, reversing the decision of the City Planning Commission approving the application, and denying the application for a Major Conditional Use Permit to convert an existing rest home facility into a twenty-seven unit residential project located at 4690 Tompkins Avenue, Oakland (03-0120-1) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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",34,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78447 C.M.S. The following individual spoke in favor of this item: - Jeff John Doney 10.13CC.pdf, 78447 CMS.pdf 10.14CC Subject: Certified Farmers' Market-Mo' Better Foods From: Community and Economic Development Agency Recommendation: Adopt a Resolution granting Mo' Better Foods a Conditional Revocable Encroachment Permit for a Farmers' Market on Mandela Parkway between 5th Street and the Mandela Parkway BART entrance (04-0167)",35,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78448 C.M.S. 04-0167.pdf, Item 33-23-04.pdf, 10.14CC.pdf, 78448 CMS.pdf 10.15CC Subject: High Street Access Improvements Project - Phase II",36,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"From: Public Works Agency Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a professional services agreement with TY Lin International/CCS for design services for the 42nd Avenue and High Street Access Improvements Project - Phase II (City Project Number C 98510) for an amount not to exceed one million thirty-seven thousand nine hundred eighty- three dollars ($1,037,983) (04-0217) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember",37,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78449 C.M.S. Contract Number 04-1706 04-0217.pdf Item 43-23-04.pdf, 10.15CC.pdf, 78449 CMS.pdf 10.16CC Subject: Traffic Islands Project From: Public Works Agency Recommendation: Adopt a Resolution authorizing award of a construction contract to",38,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"A. J. W. Construction Company for the Traffic Islands Project (Project No. C158910) in the amount of two hundred eighteen thousand five hundred fifty-four dollars and fifty cents ($218,554.50) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) (04-0212) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: DRA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78450 C.M.S.",39,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Contract Number 04-1707 04-0212.pdf, Item 53-23-04.pdf, 10.16CC.pdf, 78450 CMS.pdf 10.17CC Subject: Landscaping and Lighting Assessment District From: Office of the City Administrator Recommendation: Adopt a Resolution initiating the Fiscal Year 2004-2005 assessment process for the City of Oakland Landscaping and Lighting Assessment District and authorizing the City Administrator to order an engineer's report pursuant to the California Streets and Highways Code (04-0160)",40,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78451 C.M.S. The folloiwing individual spoke and did not indicate a position: - Sanjiv Handa 04-0160.pdf, Item 3 3-23-04.pdf, 10.17CC.pdf,",41,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"78451 CMS.pdf 10.18CC Subject: Capital Expenditures - Oakland Sewer System From: Finance and Management Agency Recommendation: Adopt a Resolution declaring the official intent of the City of Oakland regarding certain capital expenditures for the City of Oakland's sewer system to be reimbursed from the proceeds of a tax-exempt obligation (04-0121) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang",42,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Resolution Number 78452 C.M.S. The following individual spoke and did not indicate a position: - Sanjiv Handa 04-0121.pdf, Item 43-23-04.pdf, 10.18CC.pdf, 78452 CMS.pdf 10.19CC Subject: City of Oakland's Sun Enterprise Server System",43,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"From: Finance and Management Agency Recommendation: Adopt a Resolution authorizing the City Administrator to execute a Master Agreement with Sun Microsystems, Inc. (""SUN"") and Sun Microsystems Finance, Inc.(""Sun Finance"") in order to acquire equipment and necessary services contracts to refresh the City's",44,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Sun server platform in an amount not to exceed three million six hundred twenty-six thousand five hundred sixty dollars ($3,626,560); and authorizing the City Administrator to execute contracts with third party vendors for equipment and services required to support the refresh of the Sun Server platform in an amount not to exceed four hundred thirteen thousand dollars ($",45,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"413,000); and authorizing the City Administrator to execute a master lease-purchase agreement and related documents with Sun Finance for financing in an amount not to exceed four million thirty-nine thousand five hundred and sixty dollars ($4,039,560), plus the cost of financing. (04 -0106) A motion was made by Vice Mayor Chang, seconded by Councilmember",46,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78453 C.M.S. The following individual spoke on this item and did not indicate a position: -Sanjiv Handa 04-0106.pdf, Item 6 3-23-04.pdf,",47,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"SUN Master Agreement.pdf, Item 6 SUPP 3-23-04.pdf, 10.19CC.pdf, 78453 CMS.pdf 10.20CC Subject: Information Technology Cost Savings From: Finance and Management Agency Recommendation: Adopt a Resolution authorizing the City Administrator or her designee to negotiate contracts for the technology cost savings measures and projects identified in the City Administrator's report with return to the City Council for review and approval of the necessary",48,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Resolutions and contracts (04-0023-1) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted Councilmember Brunner confirmed with staff that references for Shoreline Communications will be provided when the Voice Over Internet Protocol component returns to the Finance and Management Committee, and that data conversion will not be transferred overseas. 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 Vice Mayor",49,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Chang Resolution Number 78454 C.M.S The following individual spoke on this item and did not indicate a position: -Sanjiv Handa Item 73-23-04.pdf, 10.20CC.pdf, 78454 CMS.pdf 10.21CC Subject: Sale of Multiple City-owned Properties From: Community and Economic Development Agency Recommendation: Adopt the following legislation regarding the sale and development of City-",50,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"owned properties: 1) Adopt an Agency Resolution authorizing the sale at fair market value of the duplex at 1072 55th Street to an owner-occupant; and (04-0119b) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: DRA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang ORA Resolution Number 2004-16 C.M.S.",51,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Item 4 3-23-04.pdf, 10.21CC.pdf, 2004-16 CMS.pdf 2) Approve the Introduction (First Reading) of an Ordinance authorizing the sale of two lots on Dover Street at 57th Street to the Rotary Club of Oakland, Inc., at no cost for development with affordable housing by the Peralta Community College District; and (04-0119a) Approved on Introduction for Final Passage to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 4/20/2004 Item 4 3-23-04.pdf, 10.21CC.pdf, 10.10-2CC.pdf 4-20-04. 12594 CMS.pdf 2) Approve the Final Pasage (Second Reading) of an Ordinance rescinding Ordinance Number 12220 C.M.S. and authorizing a Disposition and Development Agreement with Richard N. Pukatch for the sale at fair market value and development of three City-owned properties at 1430 8th Street, 816 Center Street, and 1728 14th Street with market-rate housing (04-0119) Approved on Introduction for Final Passage to Concurrent Meeting of the",52,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Oakland Redevelopment Agency / City Council on 4/20/2004 04-0119.pdf, Item 4 3-23-04.pdf, 10.21CC.pdf, 10.10CC.pdf 4-20-04, 12595 CMS.pdf 10.22CC Subject: Uptown Project From: Community and Economic Development Agency Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to",53,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"negotiate and execute a Third Amendment to the Exclusive Negotiating Agreement between the Redevelopment Agency and Forest City Residential West, Inc. regarding development of the Uptown Project in downtown Oakland by extending the Exclusive Negotiating Agreement for an additional term of sixty (60) days, resulting in a total exclusive negotiating agreement term of 23 months (TITLE CHANGE) (03-0063-1) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember",54,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang ORA Resolution Number 2004-17 C.M.S. The following individual spoke against this item: - Steve Lowe The following individual spoke on this item and did not indicate a position:",55,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"-Sanjiv Handa 03-0063-1.pdf, Item 6 3-23-04.pdf, 10.22CC.pdf, 10.22CC SUPP.pdf, 2004-17 CMS.pdf 10.23CC Subject: Commercial Lending Programs From: Community and Economic Development Agency",56,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Recommendation: Adopt the following legislation regarding the City's commercial lending programs: 1) Adopt a Resolution amending Resolution Number 76972 C.M.S., and authorizing the City Administrator to negotiate an amended agreement with the Oakland Business Development",57,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Corporation to increase their lending authority for City commercial loans from $100,000 to $ 249,500, and return to the Community and Economic Development Committee for approval to execute the negotiated agreement (TITLE CHANGE); and (04-0078a) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang",58,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Resolution Number 78455 C.M.S. The following individual spoke and did not indicate a position: -Sanjiv Handa 0078.pdf, Item 8 3-23-04.pdf, 10.23CC.pdf, 78455 CMS.pdf 2) Adopt an Agency Resolution authorizing the Agency Administrator to negotiate an agreement with the Oakland Business Development Corporation for services to include the underwriting and approval of commercial loans in amounts not to exceed $249,500, and return to the Community and Economic Development Committee to execute the negotiated agreement",59,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang ORA Resolution Number 2004-18 C.M.S. Item 8 3-23-04.pdf, 10.23CC.pdf, 2004-18 CMS.pdf 10.24CC Subject: Marcus A. Foster Educational Institute From: Department of Human Services",60,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate and execute an amendment to the agreement with the Marcus A. Foster Educational Institute for additional services for the Children and Youth Grants Program and increasing the amount of the existing agreement by $144,006 to a total amount not to exceed $244,006 (04-0171) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78456 C.M.S. 04-0171.pdf,",61,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Item 3 3-23-04.pdf, 10.24CC.pdf, 78456 CMS.pdf 10.25CC Subject: Paratransit Services From: Department of Human Services Recommendation: Adopt a Resolution authorizing the City Administrator to increase contracts with Bay Area Community Services; At Your Services (AYS); V.I.P. Inc.; Friendly Transportation; and Veterans Transportation by $95,000 for a total amount not to exceed $895, 000 for Fiscal Year 2003-2004 to continue paratransit services for frail seniors and adults with",62,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"mobility disabilities (002599-1) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78457 C.M.S. Contract Numbers 04-1708, 04-1709, 04-1710, 04-1711, and 04-1712 002599-1.pdf, Item 4 3-23-04.pdf, 10.25CC.pdf, 78457 CMS.pdf 10.26CC",63,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Subject: Lake Merritt Master Plan - Wallace Roberts & Todd, Inc. From: Public Works Agency Recommendation: Adopt a Resolution authorizing Amendment No. 2 to the professional services agreement with Wallace Roberts & Todd, Inc., to provide design services for the Lake Merritt Master Plan project for an amount not to exceed one million two hundred fifty thousand dollars ($1,250,000), bringing the total contract amount to one million seven hundred fifty four thousand eight hundred eighty-five dollars ($1,754,885) (04-0208) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following",64,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"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 Vice Mayor Chang Resolution Number 78458 C.M.S Contract Number 04-1713 04-0208.pdf, Item 5 3-23-04.pdf, 10.26CC.pdf, 10.26CC SUPP.pdf, 78458 CMS.pdf 10.27CC",65,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Subject: 26th Avenue Street Closure From: Office of the City Administrator Recommendation: Adopt a Resolution of the City Council of the City of Oakland adopting rules and regulations to partially and permanently close 26th Avenue between the 2400 and 2600 block through appropriate roadway design features to protect public safety and implement the City's Transportation Plan (04-0164) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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",66,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78459 C.M.S. 04-0164.pdf, Item 4 3-23-04.pdf, 10.27CC.pdf, 78459 CMS.pdf 10.28CC Subject: Federal Local Law Enforcement Block Grant From: Oakland Police Department Recommendation: Adopt a Resolution amending Resolution No. 78106 C.M.S. authorizing the",67,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"acceptance and appropriation of eight hundred seventy-nine thousand, one hundred seventy- seven dollars ($879,177) in Federal Local Law Enforcement Block Grant (LLEBG) Funds to the Police Department and ninety-seven thousand, six hundred eighty-six dollars ($97,686) in matching funds from State Citizen's Options for Public Safety (COPS) funds to supplement front line policing efforts by providing additional support personnel and community outreach ( 03-0277) A motion was made by Vice Mayor Chang, seconded by Councilmember",68,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78460 C.M.S. The following individual spoke on this item and did not indicate a position: -Sanjiv Handa 0277.pdf, Item 8 12-9-03.pdf,",69,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"03-0277.pdf, Item 5 3-23-04.pdf, 10.28CC.pdf, 78460 CMS.pdf 10.29CC Subject: Oakland Army Base Public Trust Exchange Act From: Community and Economic Development Agency Recommendation: Adopt the following legislation in support of Senate Bill 1435:",70,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"1) Adopt a Resolution supporting State legislation regarding a Public Trust Land Exchange at the former Oakland Army Base and authorizing the City Administrator to negotiate and enter into an exchange agreement with the State Lands Commission and to take all other necessary actions to effectuate the exchange; and (04-0199) A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember",71,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78461 C.M.S. ORA Resolution Number 2004-19 C.M.S. Contract Number 04-1714 04-0199.pdf, Item 73-25-04.pdf, 10.29CC.pdf, 78461 CMS.pdf 2) Adopt an Agency Resolution supporting State legislation regarding a Public Trust Land Exchange at the former Oakland Army Base and authorizing the Agency Administrator to negotiate and enter into an exchange agreement with the State Lands Commission and to take all other necessary actions to effectuate the exchange (04-0199a)",72,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"A motion was made by Vice Mayor Chang, seconded by Councilmember Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang Resolution Number 78474 C.M.S. Item 73-25-04.pdf, 10.29CC.pdf, 2004-19 CMS.pdf 10.30CC Subject: Sulphur Springs Park Re-Naming From: Office of Parks and Recreation Recommendation: Adopt a Resolution authorizing the re-naming of Sulphur Springs Park to Marjorie Saunders Park (04-0204) A motion was made by Vice Mayor Chang, seconded by Councilmember",73,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Wan, 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 De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang 04-0204.pdf, Item 8 3-25-04.pdf, 10.30CC.pdf, 78474 CMS.pdf 11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session A motion was made by Councilmember Wan, seconded by Councilmember Reid, to *Approve as Submitted. The motion carried by the following vote: Votes: ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember",74,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor Chang The following individual spoke on this item and did not indicate a position:",75,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,-Sanjiv Handa,76,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,77,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"1. Item 2G: Bernard Hill v. Oakland Police Department, et.al",78,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,79,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Council authorized settlement in the amount of $7,500. This action arose of",80,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,plaintiff's claim that the OPD used excessive force in the course of detaining,81,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,and arresting him for drunk driving. Plaintiff sustained a broken bone in his,82,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,right hand.,83,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,84,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,Motion Made by: Councilmember Reid,85,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,86,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,Motion Seconded by: Councilmember Brooks,87,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,88,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,8 Ayes: Brooks Brunner Chang Nadel Quan Reid Wan President,89,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,De La Fuente,90,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,91,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,2. Item 2F: Besse Johnson v. City of Oakland,92,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,93,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"Council authorized settlement in the amount of $65,000. Plaintiff slipped and",94,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,fell on an uneven portion of sidewalk and fractured her pelvis. She was,95,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,hospitalized for 10 days and spent an additional 30 days in rehabilitation; she,96,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,"incurred $39,500 in medical expenses.",97,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,98,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,Motion Made by: Councilmember Wan,99,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,,100,OaklandCityCouncil/2004-04-06.pdf OaklandCityCouncil,2004-04-06,Motion Seconded by: Councilmember Reid,101,OaklandCityCouncil/2004-04-06.pdf