body,date,text,page,path PublicSafetyCommittee,2005-06-28,"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 *Public Safety Committee Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Tuesday, June 28, 2005 7:30 PM City Council Chambers - 3rd Floor The Oakland City Council Public Safety Committee convened at 7:36 P.M., with Councilmember Reid presiding as Chairperson. Roll Call / Call to Order Councilmember Present: 4 - Member Nadel, Member Kernighan, Member Quan and Chair Reid COMMITTEE MEMBERSHIP: 1 Approval of the Draft Minutes from the Committee Meeting held on June 14, 2005 A motion was made by Member Quan, seconded by Member Nadel, to *Approve the Minutes. The motion carried by the following vote: Votes: Councilmember Aye: Member Nadel, Member Kernighan, Member Quan and Chair Reid 2 Determination of Schedule of Outstanding Committee Items A motion was made by Member Nadel, seconded by Member Kernighan, to",1,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"Approve as Amended. The motion carried by the following vote: Votes: Councilmember Aye: Member Nadel, Member Kernighan, Member Quan and Chair Reid FROM PENDING NO SPECIFIC DATE Subject: Emergency Management Board Proceedings From: Oakland Fire Department Recommendation: Receive A Semi-annual Report On Emergency Management Board Proceedings For The Period January 2005 - June 2005 (05-0594) Scheduled to *Public Safety Committee on 9/13/2005 Subject: Settlement Agreement Tasks From: Oakland Police Department Recommendation: Receive A Status Report From The Chief Of Police Outlining The Oakland Police Department's Efforts To Implement The Provisions Required In The Negotiated Settlement Agreement Of Delphine Allen, Et Al, v. City Of Oakland, Et Al, United States",2,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"District Court Case No. C00-4599 (TEH) (05-0572) Scheduled to *Public Safety Committee on 7/12/2005 View Report.pdf (PSC Item 2 6-28-05) View Item 3 Subject: Sideshow Activities From: Oakland City Council Recommendation: Action on A Report and Recommendations Regarding Two Alternatives To Address Sideshow Activities: Alternative No. 1 - An Ordinance Amending Title 9 Of The Oakland Municipal Code To Add Chapter 9.60 (a) Declaring Vehicle Sideshows A Public",3,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"Nuisance And (b) Prohibiting The Gathering Of Spectators At Such Public Nuisance Events; And Alternative No. 2 - An Ordinance That Includes The Foregoing Provisions And Also Provides For The Forfeiture Of Vehicles Involved In Sideshow Events (05-0429-1) A motion was made by Member Quan, seconded by Member Kernighan, that this matter be *Approve as Amended the Recommendation of Staff, and Forward to the Special Concurrent Meeting of the Oakland Redevelopment Agency/City Council, due back on July 12, 2005. The motion carried by the following vote: Votes: Councilmember Abstained: Member Nadel Councilmember Aye: Member Kernighan, Member Quan and Chair Reid",4,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,The Committee moved seconded and carried a motion to accept staff,5,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,recommendations as amended:,6,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,7,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"This chapter is adopted to prohibit sideshow gatherings, processions and",8,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,assemblages on city streets and highways and to prohibit the gathering of,9,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,spectators at these events. The purpose of this law is to significantly curb this,10,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"illegal and nuisance activity. The law targets a very clear, limited population",11,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,and gives proper notice to citizens of the activities that are considered a,12,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,nuisance and prohibited under this ordinance. In prohibiting this activity and,13,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"discouraging spectators, the city intends to take a significant step toward",14,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"making its streets and highways safe to pedestrians, motorists and the general",15,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,public.,16,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,17,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,Include the following language:,18,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"With this ordinance, the City Council seeks to achieve reform, education, and",19,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"reduce recidivism rates of persons involved in sideshow activity. To that end,",20,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,the City supports the administration and enforcement of this ordinance in a way,21,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"that emphasizes community service, education and training (including parental",22,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,participation for those violations committed by juveniles). To the extent that the,23,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,law permits these community-service alternatives to the criminal penalties,24,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"provided under this Ordinance, the City Council supports those alternatives.",25,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,26,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,It is the expectation of the City Council that the City Administrator and the,27,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"Oakland Police Department work with the City Attorney's office, Alameda",28,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"County District Attorney's office, Alameda County Probation and Alameda",29,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,County Juvenile Court to identify specific community service and educational,30,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,alternatives for violations of the ordinance.,31,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,32,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,SECTION 9.60.030 DEFINITIONS,33,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"""Spectator"" means a person who is knowingly present at the location of a",34,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"sideshow and who is encouraging, facilitating or aiding and abetting in the",35,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,sideshow activity. To be present means a person who is within 100 feet of a,36,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,sideshow activity.,37,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,38,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,Include the following language: Encouraging is defined as someone who urges,39,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,and assists participants through actions and/or words,40,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,41,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,SECTION 9.60.70 RELEVANT CIRCUMSTANCES TO PROVE A VIOLATION,42,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,". Whether the individual is facilitating the illegal activity in any manner, such",43,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"as by encouraging the event, obstructing foot or vehicular traffic or placing",44,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,barricades or other obstructions upon any highway.,45,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,Include: Encouraging is defined as someone who urges and assists participants,46,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,through actions and/or words,47,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,48,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,SECTION 9.60.90 ENFORCEMENT - PENALTIES FOR VIOLATIONS,49,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,Violations of this Ordinance shall be as follows. The first offense shall,50,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,constitute an infraction punishable by a fine of not more than $500 and/or,51,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,community service and education. The second offense shall constitute an,52,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,infraction punishable by a fine of not more than $750 and/or community service,53,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,and education. The third and any subsequent offenses shall constitute a,54,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"misdemeanor punishable by a fine of $1,000, and/or community service and",55,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"education, by imprisonment not exceeding six months, or both. This provision",56,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,shall not be read to preclude the charging or imposition of any other penalties,57,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,authorized by law.,58,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,59,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,We would like to direct the Oakland Police Department to return to the Public,60,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,Safety Committee in six months with a report updating the committee on their,61,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"training efforts, public awareness and education, and enforcement of this",62,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,ordinance. The committee further directs the Oakland Police Department to,63,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,come back to the council in one year with a report on the overall effectiveness,64,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,of the ordinance.,65,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,66,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,The following individual(s) spoke in favor of this item:,67,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Mark Daly,68,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Jose' Dorado,69,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Benjamin Scott,70,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Jim Ensign,71,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Stephanie Allen,72,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,suacw -,73,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Nicholas Vigilante,74,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Marcus Johnson,75,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,76,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,77,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,The following individual(s) spoke against this item:,78,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Wendy Snyder,79,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Matthew Willis,80,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Aimee Allison,81,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Sitara Nieves,82,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Forrest Hill,83,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Mary Van Der Horst,84,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Venus Rodriguez,85,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Michael Rubin,86,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Janet Arnold,87,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- John Morton,88,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,- Wilson Riles,89,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Chris Cantor - Robert Rose",90,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Bakari Olantunji - Gwen Hardy",91,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Rashidah Grinage - Ora Knowell",92,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,,93,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"The following individual(s) spoke and did not indicate a position on this item: - Eugene Davis",94,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Svea O'Banion - Jane Jackson",95,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Linda Evans - Monique Jones",96,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Renialdi Wilder - Felicia Moore-Jordan",97,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Elder Freeman - Shirley Waters",98,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"- Jean Blackshear - Sanjiv Handa View Report.pdf, View Supplemental Report.pdf, 12695 CMS.pdf 4",99,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"Subject: Motorized Scooters / Motorized ""Pocket Bikes"" From: Oakland Police Department Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding Chapter 10.17 To The Oakland Municipal Code Requiring Sellers Of Motorized Scooters And Motorized ""Pocket Bikes"" To Advise Consumers Of The State And Local Laws Regulating The Operation Of The Devices Within The City Of Oakland (05-0525) A motion was made by Member Nadel, seconded by Member Quan, that this matter be *Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on July 19, 2005 as a Consent Calendar item. The motion carried",100,PublicSafetyCommittee/2005-06-28.pdf PublicSafetyCommittee,2005-06-28,"by the following vote: Votes: Councilmember Aye: Member Nadel, Member Kernighan, Member Quan and Chair Reid The following individual(s) spoke in favor of this item: - Mark Daly The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 5 Subject: Oakland Housing Authority (OHA) - Agreement",101,PublicSafetyCommittee/2005-06-28.pdf