body,date,text,page,path
OaklandCityCouncil,2003-10-21,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Final
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
6:00 PM
Oakland City Hall, 3rd Floor
Tuesday, October 21, 2003
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:
15 p.m.
1
Pledge of Allegiance
Roll Call/ORA & Council
2
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,
and President Ignacio De La Fuente, Dist. 5
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
ORA)Councilmember Present:
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 individuals spoke:
Cloteal Swoopes
Lori Nguyen
Carrie Liu
David Liu
Sanjiv Handa
Julia Yu
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.
There were no modifications to the Consent Calendar.
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"")
There was no action necessary on 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.
There was no action necessary on this item.
7
Approval of the Draft Minutes from the Concurrent Meetings of the Oakland Redevelopment
Agency/City Council held on September 30, 2003 and October 7, 2003
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, to *Approve the Minutes. The motion carried by the following vote:",1,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
8
Presentation of Ceremonial Matters
Subject:
Bananas Child Care Referral Agency
8.1
From:
Councilmember Chang
Recommendation: Adopt a Resolution to honor and commemorate ""Bananas""
a Child Care Information and Referral and Parent Support on its 30th
anniversary
Attachments:
0191.pdf,
78141CC.pdf
8.1.pdf
Resolution Number 78141 C.M.S.
A motion was made by Councilmember Reid, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
9
Council Acknowledgements / Announcements
The entire Agency/City Council took a point of personal privilege and requested that the
meeting be adjourned in memory of Faith Fancher.
Agency/Councilmember Reid took a point of personal privilege and requested that the
meeting be adjourned in memory of Robert Bailey.
10
CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be
acted upon by one motion of the City Council, unless a member of the public or
a Councilmember requests the opportunity to speak on an item noticed.
Subject: Declaration of a Local Emergency due to AIDS epidemic
10.1
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City
Council's Declaration of a Local Emergency due to the existence of a critical
public health crisis with regard to the AIDS epidemic
Attachments:
10.1 CC.pdf,
78110.pdf
Resolution Number 78110 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Medical Cannabis health emergency
10.2
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
10.2CC 9-30-03.pdf
Attachments:
10.2CC.pdf,
78039 CMS pdf.
78069 CMS.pdf
78111 pdf
Resolution Number 78111 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78039
Subject: John McDonald Oakland Museum of California Foundation
10.3
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing John McDonald as a
member of the Oakland Museum of California Foundation Board
Attachments:
10.3CC.pdf
78112.p",2,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78112 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: David Kramer Board of Port Commissioners
10.4
From:
Office of the Mayor
Recommendation: Adopt a Resolution reappointing David Kramer as a
member of the Board of Port Commissioners
Attachments:
10.4CC.pdf,
78113.pdf
Resolution Number 78113 C.M.S.
The following individuals spoke against this item:
- John Grace
This Matter was Adopted on the Consent Agenda.
Subject: Benjamin Fay Budget Advisory Committee
10.5
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Benjamin Fay as Chair of the
Budget Advisory Committee
Attachments:
10.5CC.pdf,
78114.pdf
Resolution Number 78114 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: Colleen Louise Brown Community Policing Advisory Board
10.6
From:
Councilmember Chang
Recommendation: Adopt a Resolution appointing Colleen Louise Brown as a
member of the Community Policing Advisory Board
Attachments:
10.6CC.pdf,
78115.pdf
Resolution Number 78115 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Kereem Thurston Settlement Agreement
10.7
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Kereem Thurston v. City of
Oakland, et. al., United States District Court Case No. C-01 3839 WDB, our file
no. 21395, in the amount of $15,000.00; This case involves a claim of use of
excessive force (Oakland Police Department-Alleged Civil Rights Violation)
Attachments:
10.7ACC.pdf,
78116.pdf
Resolution Number 78116 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Tim Twork Settlement Agreement
10.8
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Tim Twork V. City of Oakland, et
al., Alameda County Superior Court No. 2002-049699, our file no. 21995, in the
amount of $17,500.00 (Public Works Agency Trip and Fall)
Attachments:
10.8CC.pdf,
78117.pdf
Resolution Number 78117 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Carlos and Maria Oliva Settlement Agreement
10.9
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claim of Carlos and Maria Oliva, in the
amount of $6,405.16 as a result of property damage sustained due to a sewer
flood caused by a clogged City sewer main (Public Works Agency)",3,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Attachments:
10.9CC.pdf,
78118.pdf
Resolution Number 78118 C.M.S.
The following individuals spoke and did not indicate a position on this item:
Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: Sysomphone Phiakhamta Settlement Agreement
10.10
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claim of Sysomphone Phiakhamta in the
amount of $8,815.00, as a result of bodily injury damages sustained in an
automobile collision with a City vehicle (Oakland Police Department)
Attachments:
10.10CC.pdf,
78119.pdf
Resolution Number 78119 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject:
Business Tax Incentive Program
From:
Finance & Management Agency
10.11
Recommendations: Approve the Final Passage (Second Reading) of an
Ordinance amending Section 5.04.151 of the Oakland Municipal Code to
provide that all businesses regardless of location are eligible to participate in
the Tax Abatement Program, to codify the definition of the benchmark year for
both new and existing businesses, to require the completion of an application
for any business that wants to enroll in the program, and to codify the sunset
date for enrollment in the Program
10.11CC.pd
Attachments:
 0.22CC 9-30-03.pdf,
10.22CC Supplemental.pd
12541.pdf
Ordinance Number 12541 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12541
Subject: Development of Infiniti Automobile Dealership
10.12
From: Community and Economic Development Agency
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance authorizing sale of .93 acres of City land near Oakport Street and
Hassler Way to the Redevelopment Agency for $40,593.00, for sale to
Hendrick Automotive Group for development of an Infiniti dealership
10.12CC.pdf,
Attachments:
10.27-1CC 9-30-03.pdf,
10.27-2CC Supplemental.pdf,
12542.pdf
Ordinance Number 12542 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12542
Subject: Oakland-Alameda County Coliseum Security
From:
Oakland Police Department
10.13
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending Oakland Municipal Code Chapter 8.44, ""Security for
events at the Oakland-Alameda County Coliseum Complex, Section 8.44.040,
Activities Prohibited within The Oakland-Alameda County Coliseum Complex
Parking Facility"" and Section 8.44.050, ""Penalties"" and amending Chapter 1.28,
""General Penalty,' Section 1.28.020, ""Violations as Infraction,"" Subsection A.1.
E.
Attachments:
10.34CC 9-30-03.pdf
10.34CC Supplemental.pdf,
12543.pdf
Ordinance Number 12543 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.",4,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Enactment No: 12543
Subject:
Ettie Street Pump Station Watershed
From:
Public Works Agency
10.14
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into an agreement with the State of California Water Resources Control Board
to accept and appropriate $460,000 in ""Coastal Nonpoint Source Program""
grant monies for PCB abatement in the Ettie Street Pump Station Watershed,
and to use $69,000 from the City's Clean Water Program budget as required
matching funds
Attachments:
10.14 CC 10-21-03.pdf
78120CC.pdf
Item 3 10-14-03.pd
Resolution Number 78120 C.M.S.
Contract Number 03-1609
This Matter was Adopted on the Consent Agenda.
Subject: Andes Construction Inc. - Rehabilitation of Sanitary Sewers
From:
Public Works Agency
10.15
Recommendation: Adopt a Resolution authorizing an award of a contract to
Andes Construction, Inc., for the rehabilitation of sanitary sewers in Market St.,
45th St., and West St. (Part of Subbasin 50-03) (Project No. C65120), for the
amount of one million two hundred fifty thousand two hundred twenty-five
dollars ($1,250,225) (PURSUANT TO SECTION 902-E OF THE CITY
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)
Attachments:
10.15CC 10-21-03.pdf,
78121CC.pdf,
Item 4 10-14-03.pdf
Resolution Number 78121 C.M.S.
Contract Number 03-1610
This Matter was Adopted on the Consent Agenda.
Subject:
Gallagher and Burk, Inc.
From:
Public Works Agency
10.16
Recommendation: Resolution authorizing award of a construction contract to
Gallagher and Burk, Incorporated for rehabilitation of certain streets in the City
of Oakland by the overlay method between the dates of September 1, 2003
and August 31, 2004 in the amount of $1,241,832.40 (Project No. C17180)
(
PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM
REQUIRES A 2/3 VOTE)
10.16CC 10-21-03.pdf,
Attachments:
78122CC.pdf
Item 6 10-14-03.pdf
Item 6 SUP 10-14-03.pdf
Resolution Number 78122 C.M.S.
Contract Number 03-1611
This Matter was Adopted on the Consent Agenda.
Subject:
7th Street Pump Station
10.17
From:
Public Works Agency
Recommendation: Resolution authorizing the City Manager to enter into a
professional services agreement with URS Corporation for engineering design
services for the 7th Street Pump Station project for an amount not to exceed
one hundred thousand dollars ($100,000)
Attachments:
0.17CC 10-21-03.pdf,
78123CC.pdf,
Item 7 10-14-03.pdt
Resolution Number 78123 C.M.S.
Contract Number 03-1612
This Matter was Adopted on the Consent Agenda.
Subject: Purchase of Real Property 1414 73rd Avenue
10.18
From:
Community & Economic Development Agency
Recommendation: Approve the Introduction (First Reading ) of an Ordinance
authorizing the City Manager to enter into a purchase and sale agreement to
purchase a portion of the real property located at 1414 73rd Avenue from
Lawrence P. Davenport for a total amount not to exceed $80,000 including
closing costs",5,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"10.16CC 11-4-03.pdf,
Attachments:
10.18CC 10-21-03.pdf,
12544.pdf,
Item 8 10-14-03.pdt
This Matter was Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 4, 2003 on the Consent Agenda.
Enactment No: 12544
Subject:
Installation of Bicycle Lanes
10.19
From:
Public Works Agency
Recommendation: A Resolution authorizing the City of Oakland to install
bicycle lanes on MacArthur Boulevard between Park Boulevard and Lakeshore
Avenue, by reconfiguring the travel lanes
Attachments:
10.19CC 10-21-03.pdf,
78124CC.pdf
Item 9 10-14-03.pdt
Resolution Number 78124 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Lafayette Square Park
From:
Public Works Agency
10.20
Recommendation: Adopt a Resolution authorizing an agreement between the
City Of Oakland and Berkeley Builders, Inc. dba BBI Construction (BBI) to
reimburse BBI in an amount not to exceed $95,000 for expenses for the
completion of construction of Lafayette Square Park (PURSUANT TO
SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3
VOTE)
Attachments:
10.20CC 10-21-03.pdf,
78125CC.pdf,
Item 10 10-14-03.pdf
Resolution Number 78125 C.M.S.
Contract Number 03-1613
This Matter was Adopted on the Consent Agenda.
Subject:
Linked Banking Service Ordinance
10.21
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution certifying banks that have met their
2001 and 2002 fair share goals pursuant to the City's Linked Banking Service
Ordinance
Attachments:
10.21CC 10-21-03.pdf,
78126CC.pdf,
Item 3 10-14-03.pdf
Resolution Number 78126 C.M.S.
This Matter was Approved on the Consent Agenda.
Subject: Jack London Gateway Shopping Center
10.22
From:
Community and Economic Development Agency
Recomendation: Adopt the following legistaltion:
1) Adopt a Resolution amending Resolution No. 75142 C.M.S. to replace
Community Plaza Developers, LLC, with JLG Associates, LLC, as purchaser
and developer of the Jack London Gateway Shopping Center; and
Attachments:
10.22-1CC 10-21-03.pdf,
78127CC.pdf,
Item 5 10-14-03.pdf
Resolution Number 78127 C.M.S.
This Matter was Adopted on the Consent Agenda.
2) Adopt an Agency Resolution amending Resolution No. 99-34 C.M.S to
replace Community Plaza Developers, LLC, with JLG Associates, LLC,as
purchaser and developer of the Jack London Gateway Shopping Center
Attachments:
10.22-2CC 10-21-03.pdf,
2003-72.pdf,
Item 5 10-14-03.pdf
Agency Resolution Number 2003-72
This Matter was Adopted on the Consent Agenda.",6,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject: Lexus and Infiniti Automobile Dealerships
From:
Community and Economic Development Agency
10.23
Recommendation: Adopt the following legislation
1)
Agency Resolution authorizing the purchase from the City of Oakland for
$419,407.00, for a portion of the former railroad spur (a portion of APN 041-
3902-013) located between Hassler Way and Damon Slough which was used
for various redevelopment projects known as the Lexus and Infiniti automobile
dealerships, and
Attachments:
10.23-1CC 10-21-03.pdf,
2003-73.pdf,
Item 6 10-14-06.pdf
Agency Resolution Number 2003-73
This Matter was Adopted on the Consent Agenda.
2) Approve the Introduction (First Reading) of an Ordinance authorizing the
sale from the City Of Oakland to the Redevelopment Agency of the City Of
Oakland for $419,407, for a portion of the former railroad spur (a portion of
APN 041-3902-013) located between Hassler Way and Damon Slough which
was used for various redevelopment projects known as the Lexus and Infiniti
automobile dealerships
10.17CC 11-4-03.pdf,
Attachments:
10.23-2CC 10-21-03.pdf,
12545.pdf,
Item 6 10-14-06.pd
This Matter was Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 4, 2003 on the Consent Agenda.
Enactment No: 12545
Subject:
Burns & Watry, Inc.
10.24
From:
Community and Economic Development Agency
Recommendation: Adopt an Agency Resolution appropriating up to $100,000
from Redevelopment Funds and authorizing the Agency Administrator to enter
into a contract with Burns & Watry, Inc. for services for Central City East
Redevelopment Area and the West Oakland plan adoption process for an
amount not to exceed $97,000 and $3,000.00 for contract compliance services
Attachments:
10.24CC 10-21-03.pdf
2003-74.pdf,
Item 7 10-14-03.pdt
Agency Resolution Number 2003-74 C.M.S.
Contract Number 03-019
This Matter was Adopted on the Consent Agenda.
Subject: Temporary Winter Shelter at the Oakland Army Base
10.25
From:
Department of Human Services
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into an operating agreement with Operation Dignity, Inc., funding agreements
with Alameda County and the City of Berkeley, and a lease with the Oakland
Base Reuse Authority as necessary to establish a temporary winter shelter at
the Oakland Army Base, and allocating funds for shelter operation
Attachments:
0.25CC 10-21-03.pdf,
78128CC.pdf
Item 3 10-14-03.pdf
Resolution Number 78128 C.M.S.
Contract Number 03-1614
This Matter was Adopted on the Consent Agenda.
Subject: Oakland Fund for Children and Youth Evaluation Report
10.26
From:
Department of Human Services
Recommendation: Adopt a Resolution adopting the Oakland Fund for Children
and Youth Final Evaluation Report for Fiscal Year 2002-2003
Attachments:
10.26CC 10-21-03.pdf,
78129CC.pdf,
Item 4 10-14-03.pdt
Resolution Number 78129 C.M.S.
This Matter was Adopted on the Consent Agenda.",7,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject:
Group 4 Architecture
10.27
From:
Public Works Agency
Recomendation: Adopt a Resolution authorizing Amendment Number 1 in the
amount of $230,000 to the agreement with Group 4 Architecture Research and
Planning, Inc. to complete a Master Facilities Plan and a Proposition 14
Application for a new library for a total contract amount not to exceed $500,000
Attachments:
10.27CC 10-21-03.pdf,
Item 5 10-14-03.pdf
Resolution Number 78130 C.M.S.
Contract Number 03-1615
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: Friends of Peralta Hacienda Historical Park
From:
Public Works Agency
10.28
Recommendation: Adopt a Resolution authorizing the City Manager to accept a
contribution of ten thousand dollars ($10,000) from Friends of Peralta Hacienda
Historical Park (Friends) and award a contract in an amount not to exceed $
190,000 to Friends for project management services to oversee the
development and implementation of an interpretive exhibit project, valued at $
200,000 for Peralta Hacienda Historical Park
Attachments:
10.28CC 10-21-03.pdf,
78131CC.pdf,
Item 7 10-14-03.pd
Resolution Number 78131 C.M.S.
Contract Number 03-1616
This Matter was Adopted on the Consent Agenda.
Subject: Fruitvale Pedestrian Plaza Public Art Project Daniel Camacho
10.29
From:
Cultural Arts & Marketing Department
Recommendation: Adopt a Resolution authorizing a Professional Services
Agreement between the City of Oakland and Daniel Camacho in an amount not
to exceed $47,000 for the Fruitvale Pedestrian Plaza Public Art Project
Attachments:
10.29CC 10-21-03.pdf,
78133CC.pdf,
Item 8 10-14-03.pdt
Resolution Number 78133 C.M.S.
Contract Number 03-1617
This Matter was Adopted on the Consent Agenda.
Enactment No: 78133
Subject:
Fruitvale Pedestrian Plaza Public Art Project Vickie Jo Sowell
10.30
From:
Cultural Arts & Marketing Department
Recommendation: Adopt a Resolution authorizing a professional services
agreement between the City of Oakland and Vickie Jo Sowell in an amount not
to exceed $25,000 for the Fruitvale Pedestrian Plaza Public Art Project
Attachments:
10.30CC 10-21-03.pdf,
78132.TIF
Item 9 10-14-03.pd
Resolution Number 78132 C.M.S.
Contract Number 03-1618
This Matter was Adopted on the Consent Agenda.
Enactment No: 78132
Subject:
Oakland Museum Renovation
10.31
From:
Cultural Arts and Marketing Department
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into a no-cost agreement with the Oakland Museum of California Foundation to
oversee renovation of the Oakland Museum of California building, made
possible by Measure G (Zoo, Museum and Science Center Improvement
General Obligation Bonds) and additional private fund raising
Attachments:
10.31CC 10-21-03.pdf,
78134CC.pdf,
Item 11 10-14-03.pdf",8,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78134 C.M.S.
Contract Number 03-1619
This Matter was Adopted on the Consent Agenda.
Subject:
Oakland Youth Court Project
From:
Oakland Police Department
10.32
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf
of the City of Oakland, to accept and appropriate a grant in the amount not to
exceed two hundred and eight thousand and seventy two dollars ($208,072)
from the State of California Office of Criminal Justice Planning (OCJP) Juvenile
Accountability Incentive Block Grant (JAIBG) Program and authorizing a
funding agreement in an amount not to exceed one hundred and ninety four
thousand five hundred and fifty five dollars($194,555) with the Donald P.
McCullum Youth Court, for the implementation of the Oakland Youth Court
Project
Attachments:
10.32CC 10-21-03.pdf
78135CC.pdf,
Item 4 10-14-03.pdf
Resolution Number 78135 C.M.S.
Contract Number 03-1620
This Matter was Adopted on the Consent Agenda.
Subject:
Electronic Crime Task Force
From:
Oakland Police Department
10.33
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate a maximum of thirteen thousand dollars ($13,000) in federal
funds from the United States Department of the Treasury, United States Secret
Service (USSS) to the Oakland Police Department for the overtime costs of one
(1) Police Officer assigned to the Organized Crime Drug Enforcement Task
Force (OCDETF) and the Electronic Crime Task Force for the period of
October 14, 2003 to September 30, 2004
Attachments:
10.33CC 10-21-03.pdf
78136CC.pdf,
Item 5 10-14-03.pdf
Resolution Number 78136 C.M.S.
Contract Number 03-1621
This Matter was Adopted on the Consent Agenda.
Subject: California Seat Belt Compliance Campaign
10.34
From:
Oakland Police Department
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf
of the City of Oakland, to accept and appropriate a grant in an amount not to
exceed forty-nine thousand six hundred and forty-six dollars ($49,646) from the
State of California, Office of Traffic Safety for a four-month California Seat Belt
Compliance Campaign within the Police Department
Attachments:
10.34CC 10-21-03.pdf.
78137CC.pdf,
Item 6 10-14-03.pdt
Resolution Number 78137 C.M.S.
Contract Number 03-1622
This Matter was Adopted on the Consent Agenda.
Subject:
Language Translation Services
From:
Oakland Police Department
10.35
Recommendation: Receive a report and adopt the proposed resolution
authorizing the City Manager, on behalf of the City of Oakland, to enter into a
two-year Professional Services Agreement between the City of Oakland and
Language Line Services, LLC, in an amount not to exceed one hundred eighty-
seven thousand, four hundred thirty dollars ($187,430) for the two-year period
of July 1, 2003 to June 30, 2005 for language translation services; on the
October 14, 2003 Public Safety Committee agenda
10.35CC 10-21-03.pdf
Attachments:
78138CC.pdf,
Item 7 10-14-03.pdf,
Sched 0173.pdf",9,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78138 C.M.S.
Contract Number 03-1623
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject:
Compass Group, USA
10.36
From:
Oakland Police Department
Recommendation: Adopt a Resolution authorizing an agreement between the
City of Oakland and Compass Group, USA by and through its Canteen
Correctional Services Division in an amount not to exceed three hundred
thousand dollars ($300,000) in Fiscal Year 2003-2004 for the provision of food
and food service management for the City of Oakland Jail
Attachments:
78139CC.pdf
Item 9 10-14-03.pdf
Sched 0172.pdf
Resolution Number 78139 C.M.S.
Contract Number 03-1624
This Matter was Adopted on the Consent Agenda.
Subject:
Firefighter Protective Footware
From:
Oakland Fire Department
10.37
Recommendation: Adopt a Resolution awarding two contracts to L.N. Curtis
and Bricker Mincolla for firefighter protective footwear in an amount not to
exceed two hundred sixty thousand dollars ($260,000) for both contracts, for
the period August 31, 2003 through August 30, 2006 and authorizing City
Manager to extend said contracts, one year at a time, until August 31, 2008, for
a total annual expenditure for both contracts, thereafter, of eighty six thousand
six hundred sixty six dollars ($86,666)
10.37CC 10-21-03.pdf,
Attachments:
78140CC.pdf,
Item 10 10-14-03.pdf,
Item 10 SUP 10-14-03.pd
Resolution Number 78140 C.M.S.
Contract Number 03-1625
This Matter was Adopted on the Consent Agenda.
The Council recessed at 6:49 p.m. and reconvened at 7:05 p.m. with a quorum being
noted.
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
including all the preceding items marked as having been adopted on the Consent
Agenda. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
11
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed
Session",10,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"There were three decisions made during Closed Session:
Item 2d, Gertrude Schiffman:
Council authorized settlement in the amount of $47,450.00.
This action was based on an alleged dangerous condition of a City sidewalk.
Plaintiff suffered a broken elbow and lower arm and hand injuries, which required
surgery when she tripped and fell on an allegedly buckled and uneven section of the
sidewalk. Documented medical expenses total $23,724.70.
Motion made by Quan, seconded by Brooks; 8 Ayes.
Item 2e, Yuen:
Council authorized settlement in the amount of $225,000.00.
Plaintiff alleged that the City's contractor negligently performed an emergency repair to a
sewer main that ran to the rear of plaintiffs' property, causing intrusion of 870 gallons of
sewage into their home. Plaintiffs claimed that due to the sewage intrusion, the first
floor of their home was removed and reconstructed. Motion made by Quan, seconded
by Reid; 7 Ayes, 1 Abstained Brunner.
Item 2h, People v. Arcadia Machine and Tool, Inc.
Council unanimously authorized settlement with 5 of the defendants. In this action filed
in 1999, City joined several other municipalities, including San Francisco and Los
Angeles, in suing various gun dealers, distributors and manufacturers.
City and the other plaintiffs charged that defendants contributed to a public nuisance in
violation of the Business & Professions Code section 17200 by selling guns without
ensuring safe sales practices to prevent sales by retailers to straw purchasers and gun
traffickers.
The five defendants who agreed to settlement include 2 California gun dealers and 3
gun distributors who sold guns into California.
The five defendants agreed to take steps to prevent firearms from being sold into the
underground marked in California including, but not limited to:
Not selling firearms at gun shows;
Implementing an enhanced inventory tracking plan to ensure that
firearms are not lost or stolen;
Annually training all employees how to recognize and block sales
to straw purchasers; adopting as the store's policy ""to go beyond
the law in verifying the identity of the actual purchaser of a firearm;
and maintaining electronically all firearm trace requests conducted
by the Bureau of Alcohol, Tobacco, Firearms and explosives.
Motion made by Quan, seconded by Reid; 8 Ayes.
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Quan, to accept the oral report from the City Attorney on final decisions made during
Closed Session, and hearing no objections, all members present were recorded as
voting: Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan,
Wan and President of the Council De La Fuente -5; Absent: Brooks, Brunner, and Reid
-3
The following individuals 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
Agency/Councilmember Chang made a motion seconded by Agency/Councilmember
Quan 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: Chang, Nadel, Quan, Wan and President of the Council De La Fuente
-5; Absent: Brooks, Brunner, and Reid -3
13
Reconsideration of Ordinances pursuant to Charter Section 216
There were no reconsideration of Ordinances to address.
Councilmembers Brooks, Brunner, and Reid were noted present at 7:09 p.m.
14
Consideration of items with statutory Public Hearing Requirements:",11,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject: Tree Removal Appeal 2848 Longwalk Drive Public Hearing
14.1
From:
Office of Parks and Recreation
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a
Resolution denying the appeal filed by Festus Ogbeide against the decision of
the Director of the Office of Parks and Recreation approving the issuance of
tree removal permit DR03-053 fot the property located at 2848 Longwalk Drive
Attachments:
14.1.pdf,
78142CC.pdf
Resolution Number 78142 C.M.S.
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:12
p.m.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -7; Recused: Chang -1
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Reid, to adopt the resolution on Item 14.1, and hearing no objections, the motion passed
by Ayes: Agency/Councilmember: Brooks, Brunner, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -7; Recused: Chang -1
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Chang
ORAICouncilmember Recused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks and Councilmember Reid
Councilmember Chang was noted present at 7:14 p.m.
Subject: Service Enriched Permanent Housing Residential Activity Public
Hearing
14.2
From:
Community and Economic and Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a
Resolution denying the appeal and sustaining the decision of the City Planning
Commission in denying the application for a Major Conditional Use Permit to
establish a Service Enriched Permanent Housing Residential Activity within an
existing structure located at 2375 Fruitvale Avenue
Attachments:
14.2.pdf,
78143CC.pdf,
Scheduling.pd",12,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78143 C.M.S.
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:14
p.m.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Change, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
The following individuals spoke in favor of this item:
Ken Lupoff
Teresa Orozzo
Debra Ramirez
Patricia Ruelas
Abraham Ruelas
The following individuals spoke against this item:
Alfonso Cerbo
Michael Bell
Albert Hunting
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
-Ricard Maia
-Gracy Mangrobay
-Rajina A. Scott
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brunner, to adopt the resolution on Item 14.2, 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
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Joint Living and Working Quarters Public Hearing
From:
Community and Economic Development Agency
14.3
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending the Oakland Planning Code to allow the conversion of existing non-
residential buildings to residentially-oriented joint living and working quarters in
the downtown area bounded by Highway 980/Brush Street, the estuary
shoreline, the Lake Merritt/Estuary Channel, the western shore of Lake Merritt,
and 27th Street
Attachments:
10.18CC 11-4-03.pdf,
12546.pdf,
14.3.pdf
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:51
p.m.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to close the Public Hearing, and hearing no objections, the motion passed by Ayes
: Agency/Councilmember: Brooks, Brunner, Change, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Brunner, to introduce the ordinance as amended on Item 14.3 to remove the standard
that the total floor area of the project does not exceed 100,000 square feet and to
include that changes to the exterior of a building that is greater than 100,000 square
feet are subject to design review, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Reid, Quan, Wan and
President of the Council De La Fuente -7; Abstained: Nadel",13,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"A motion was made by Councilmember Chang, seconded by Councilmember
Brunner, that this matter be Approve as Amended on Introduction for Final
Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City
Council, due back on November 4, 2003. The motion carried by the following
vote:
Vice Mayor Nadel
ORAICouncilmember Abstained:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
Quan, President of the Council De La Fuente, Councilmember
Brooks, Councilmember Reid and Councilmember Chang
Subject: Large-Scale Combined Retail and Grocery Sales Public Hearing
14.4
From:
Community and Economic Development Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending the Oakland Planning Code to define ""Large-Scale Combined Retail
and Grocery Sales Commercial Activities""; and to prohibit this activity type in all
zones (TITLE CHANGE)
Attachments:
10.19CC 11-4-03.pdf,
12547 pdf.
14.4.pdf
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 8:10
p.m.
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Reid, to close the Public Hearing, and hearing no objections, the motion passed by Ayes
:
Agency/Councilmember: Brooks, Brunner, Change, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
- Richard Benson
- Daniel Beagle
- Amaha Kassa
- Byron Williams
- Richard Benson
- Dominic Chiovare
The following individual spoke in favor:
- Julia Arno
The following individual spoke against:
- Jerry Huff
Agency/Councilmember Nadel made a motion, seconded by President De La Fuente, to
introduce the ordinance on Item 14.4, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente; No: Brooks -1
A motion was made by Vice Mayor Nadel, seconded by President of the Council
De La Fuente, that this matter be Approved on Introduction for Final Passage to
the Concurrent Meeting of the Oakland Redevelopment Agency / City Council,
due back on November 4, 2003. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Nos:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks and Councilmember Chang
ACTION ON NON-CONSENT ITEMS:",14,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject: Family Violence Prevention Services
From:
Oakland Police Department
15
Recommendation: Adopt a Resolution authorizing the acceptance and
appropriation of one hundred fifteen thousand dollars ($115,000.00) in U.S.
Department of Justice, Governor's Office of Criminal Justice Planning Law
Enforcement Specialized Units Program grant funds to the Police Department
and authorizing the City Manager to enter into a professional services
agreement with the Family Violence Law Center in the amount not to exceed
four hundred forty seven thousand five hundred dollars ($447,500.00) for
Family Violence Prevention Services
Attachments:
78144. pdf
Resolution Number 78144 C.M.S.
Contract Number 03-1626
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Quan, to adopt the resolution as amended to revise the fifth paragraph to read:
""WHEREAS, the Police Department requests authorization to negotiate a Professional
Services Agreement with the Family violence Law Center in an amount not to exceed
four hundred forty seven thousand five hundred dollars ($447,500) for family violence
prevention, case management, legal advocacy and crisis intervention;""
and revise the fifteenth paragraph to read:
""FURTHER RESOLVED: That the City Manager is authorized to enter into an
agreement with the Family violence Law Center for family violence prevention, case
management, legal advocacy and crisis intervention associated with the Domestic
Violence Program.
and directed staff to continue to negotiate with the Family Violence Law Center for a
contract to provide case management services for the remaining funding, 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
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted as Amended. The motion carried by the following vote
:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78144
15.1
Subject: Family Violence Prevention Services - Impartial Financial Analysis
From:
Office of the City Auditor
Attachments:
15-1.pdf
The following individual spoke in favor of this item:
Michael Colbruno
The following individuals spoke against this item:
Karen Huff
- Sanjiv Handa
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be *Received and Filed. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",15,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"16.pdf,
25 9-30-03.pdf
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Reid, directing staff to draft the agreement as outlined below, and include in the staff
report the value of the agreement, and the size and location of the billboards to be
removed in each Council District, and return to the November 4, 2003, City Council
meeting.
The Agreement is to include the following:
1.
A one-time payment by Clear Channel of $100,000 to the City's General Fund,
2.
Clear Channel to retain its office and operational facilities in Oakland for a minimum
of ten years,
3.
Reduce the size of the 2 new freeway billboards to 672 square feet; one to be
located in East Oakland, one to be located in West Oakland, and
4. The number of billboards to be removed is increased by twenty, for a total of 32 (net
gain of 30 billboards to be removed),
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
The following individual spoke against this item:
-Jerry Huff
The following individuals spoke and did not indicate a position on this item:
Sanjiv Handa
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Endymion Systems, Inc.
17
From:
Finance and Management Agency
Recommendation: Adopt a Resolution authorizing the City Manager to
negotiate and execute a professional services contract with Endymion
Systems, Inc., for a telecommunications inventory in an amount not-to-exceed
eighty one thousand dollars ($81,000)
Attachments:
17 .pdf,
26 9-30-03.pdf,
26 Supplemental.pd
The following individual spoke against this item:
-Raul Pena
*Withdrawn with No New Date
Subject: Salary Ordinance Amendment
From:
Finance and Management Agency
Recommendation: Approve the Final Passage (Second Reading) of an
18
Ordinance amending the salary schedule of Ordinance No. 12298 C.M.S. (The
Salary Ordinance) to add the classifications of Animal Care Attendant, PT,
Animal Care Attendant, PPT, Animal Care Attendant, Assistant Budget Analyst,
Curator of Special Projects, Curator of Special Projects, PPT, Financial
Analyst, PPT, Marine and Aquatics Supervisor and Sports Official, PT, and to
amend the classifications of Assistant to the City Auditor, Complaint
Investigator II, Jailer III, Legal Secretary II, Legal Secretary, Supervising,
Payroll Control Specialist, Program and Performance Auditor, Senior Aide, PT
and Special Needs Coordinator
10.20CC 11-4-03.pdf
Attachments:
12548.pdf
18.pdf,
229-30-03.pdf",16,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brooks, to approve the introduction of the ordinance, with the caveat that this
agreement is consistent with other agreements that have been made, 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
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on November 4, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Safety Element of the General Plan
19
From:
Community and Economic Development Agency
Recommendation: A Continued Discussion to Receive an Informational Report
regarding the update to the Safety Element of the City of Oakland's General
Plan
Attachments:
14.2.pdf,
169-30-03.pdf,
19.pdf
At the October 16, 2003 Rules and Legislation Committee this item was withdrawn and
rescheduled to the December 16, 2003 City Council meeting.
AT 9:20 P.M. PRESIDENT OF THE CITY COUNCIL, DE LA FUENTE, RELINQUISHED
THE CHAIR TO AGENCY/COUNCILMEMBER CHANG AND RESUMED THE CHAIR
AT 9:41 P.M.
Subject:
Draft Housing Element
20
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution authorizing the City Manager to submit
the Draft Housing Element to the California Department of Housing and
Community Development
Attachments:
20.pdf,
78145CC. pdf
Resolution Number 78145 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Svea Dienel
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
Councilmember Brooks
ORA)Councilmember Nos:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Reid and Councilmember Chang
Subject:
Proposition 40 Projects
From:
Public Works Agency
21
Recommendation: Approve Recommendations regarding allocating
Proposition 40 (California Clean Water, Clean Air, Safe Parks, and Coastal
Protection Act of 2002) Per Capita Program Funds ($1,798,000.00) and Roberti
-Z'Berg-Harris Program ($1,804,043.00) Block Grants, applying for Proposition
40 Murray-Hayden and Frommer Urban Parks Act Competitive Grant Program
Funds, and reallocating $350,000.00 in Proposition 12 (2000 State Park Bond)
Per Capita Program Funds
Attachments:
21.pdf,
Item 3 9-23-03.pdf",17,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Wan, to adopt the resolution on Item 21, 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
The following individuals spoke in favor of this item:
-Harry Greer
-Gwen Marshall Jackson
-Beatrice Wong
-Carl Chan
-Jenny Lam
-Becky Wong
-Carolyn Yee
-Holly Lucinda Alonso
-Rosario Flores
-Claudia Albano
-Thomas McCoy
-Fredrick D. Pugh
-Kathryn Raymond
-Edwin Samraii
-Geoorgia Davenport
-Christina Mei Cheung
-Gwen Jackson
-Wilhelm K. Lam
-Jon Sarriugarte
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Approved. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
1. Adopt a Resolution authorizing the application, acceptance and
appropriation of grant funds for the Per Capita Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act
of 2002 in the amount of one million seven hundred ninety-eight thousand
dollars ($1,798,000.00), for the following projects: Lawn Bowling Roof Repair in
the amount of one hundred fifty thousand dollars ($150,000.00); Estuary Park
in the amount of two hundred thousand dollars ($200,000.00); Live Oak Pool
Deck Repair in the amount of five hundred fifty thousand dollars ($550,000.00);
Dimond Recreation Center Deck Repair in the amount of five hundred
thousand dollars ($500,000.00); Dunsmuir House Electrical Repair in the
amount of seventy thousand dollars ($70,000.00); Recreation Center Fire
Alarm Repairs in the amount of thirty thousand dollars ($30,000.00) and Lincoln
Square Park Tot Lot Repair in the amount of two hundred ninety-eight
thousand dollars ($298,000.00)
Attachments:
21.pdf,
78150CC.pdf
Resolution Number 78150 C.M.S.
Contract Number 03-1628
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",18,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"2. Adopt a Resolution approving the application, acceptance and appropriation
of Roberti-Z'berg-Harris Block Grant Program Funds from the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002
in the amount of one million, eight hundred four thousand and forty-three
dollars ($1,804,043.00) for the following projects: Martin Luther King, Jr. Plaza
Park in the amount of one hundred thousand dollars ($100,000.00); Castle
Canyon Trust Riparian Habitat Preservation Acquisition in the amount of three
hundred thousand dollars ($300,000.00); Greenman Field in the amount of five
hundred thousand dollars ($500,000.00); Clinton Park Tot Lot Improvements in
the amount of two hundred fifty thousand dollars ($250,000.00); Lake Merritt
Improvements in the amount of two hundred fifty-four thousand and forty-three
dollars ($254,043); and Arroyo Viejo Creek at The Oakland Zoo in the amount
of four hundred thousand dollars ($400,000.00)
Attachments:
21.pdf,
78151CC.pdf
Resolution Number 78151 C.M.S.
Contract Number 03-1629
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Proposition 40 Projects
From:
Public Works Agency
Recommendations: A Continued discussion to Approve the following
legislation:
1) Adopt a Resolution authorizing the application, acceptance and
appropriation of grant funds for the Murray-Hayden Program from the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act
of 2002 for the following projects: The Main Library Children's Courtyard in the
amount of one hundred forty-six thousand dollars ($146,000.00); Raimondi
Field in the amount of five hundred thousand dollars ($500,000.00); and,
Peralta Hacienda Historic Park in the amount of five hundred thousand dollars (
$500,000.00), and
Attachments:
21.pdf
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
4. Adopt a Resolution authorizing the application, acceptance and
appropriation of grant funds for the Urban Park Act of 2001 Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002 for the following projects: East Oakland Sports Complex
in the amount of three million dollars ($3,000,000.00); and The Cryer Site
Conversion to a Community Center in the amount of six hundred fifty thousand
dollars ($650,000.00)
Attachments:
21.pdf
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
5. Adopt a Resolution amending Resolution No. 76723 C.M.S. authorizing the
application, allocation and appropriation of grant funds for the Per Capita Grant
Program from the State Of California Department of Parks and Recreation
under the Safe Neighborhood Parks Clean Water, Clean Air, and Coastal
Protection Bond Act Of 2000 (Proposition 12) in order to authorize a change in
the application, acceptance, allocation and appropriation of funding from
Lafayette Square Park in the amount of three hundred fifty thousand dollars (
$350,000.00) to Lincoln Square Tot Lot in the amount of two hundred and two
thousand dollars ($202,000.00) and tot lot surfacing repairs in the amount of
one hundred forty eight thousand dollars ($148,000.00)
Attachments:
21.pdf,
78152CC.pdf",19,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78152 C.M.S.
Contract Number 03-1630
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Wan, to adopt the resolution on Item 21-1, 21-2, 21-5, and include direction that if funds
are available for reprogramming from Items 21-2 and 21-5, that they be dedicated for
playground safety to include restoration of the 25th Street Mini Park. The motion also
included direction on that the reprogrammed funds recommendation come back to the
Life Enrichment Committee for discussion, 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
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Conflict of Interest Code
22
From:
Office of the City Attorney
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending Ordinance Number 11562 C.M.S., adopted on March 23, 1993, as
amended, Oakland Municipal Code Chapter 3.16, enacting a Conflict of Interest
Code for City of Oakland Employees, Members of Boards and Commissions,
and Consultant Positions
0190.pdf,
Attachments:
10.21CC 11-4-03.pdf,
12549.pdf,
22.pdf
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Brooks, seconded by Councilmember
Chang, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on November 4, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Statewide Ballot Initiative
23
From:
Councilmember Brooks
Recommendation:Adopt a Resolution supporting a statewide ballot initiative to
require voter approval before State government may confiscate local tax funds
Attachments:
23.pdf,
78148CC.pdt
Sched 0183.pdf
Resolution Number 78148 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made that this matter be Adopted. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Montclair Business Improvement District
24
From: Community and Economic Development Agency
Recommendation: Adopt a Resolution of Intention to levy an annual
assessment for Fiscal Year 2004-2005 for the Montclair Business Improvement
District, approving the Annual Report of the Montclair Business Improvement
District Advisory Board, and scheduling a public hearing for November 4, 2003
Attachments:
24.pdf,
78146CC.pdf",20,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resoluion Number 78146 C.M.S.
A motion was made by Councilmember Brunner, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Rockridge Business Improvement District
25
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution of Intention to levy an annual
assessment for Fiscal Year 2004-2005 for the Rockridge Business
Improvement District, approving the Annual Report of the Rockridge Business
Improvement District Advisory Board, and scheduling a public hearing for
November 4, 2003
Attachments:
25.pdf,
78147CC.pdf
Resolution Number 78147 C.M.S.
A motion was made by Councilmember Brunner, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Andes Construction On Call Services
From:
Public Works Agency
26
Recommendation: Resolution authorizing award of a contract to Andes
Construction, Inc. for the On Call Sanitary Sewers and Storm Drains
Emergency Projects and authorizing the City Manager to negotiate and extend
the contract for an additional year for sanitary sewers, storm drains and related
work (City Project No. C219530), for the amount of two hundred fifty thousand
dollars ($250,000) (PURSUANT TO SECTION 902-E OF THE CITY
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)
Attachments:
78149CC.pdf,
Item 26.pdf,
Item 5 10-14-03.pdt
Resolution Number 78149 C.M.S.
Contract Number 03-1627
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Enforcement of Public Nuisance Actions
27
From:
Councilmember Quan and President De La Fuente
Recommendation: Adopt an Ordinance amending Chapter 1.08 of the ""Civil
Penalties"", Chapter 1.12 ""Administrative Citations"", and Chapter 1.16
Alternative Administrative Procedures for Abatement of Certain Violations"" of
the Oakland Municipal Code for enforcement of public nuisance actions
10.22CC 11-4-03.pdf
Attachments:
12550.pdf,
Item 12 10-14-03.pc
Item 27 pdf",21,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Agency/Councilmember Quan made a motion, seconded by President De La Fuente, to
approve the introduction for Final Passage with the amendment to include an additional
Whereas clause that the City Council intends that the amendments authorized apply to
the fullest extent possible to any and all nuisance properties including, but not limited to,
properties owned, operated, regulated or overseen by the Oakland Housing Authority,
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
The following individuals spoke and did not indicate a position on this item:
Graham Carter
- Amy Alschul
A motion was made that this matter be Approve as Amended on Introduction for
Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency /
City Council, due back on November 4, 2003. The motion carried by the following
vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
There being no further business, and upon the motion duly made, the Agency/Council
adjourned the meeting in memory of Faith Fanche and Robert Bailey at 11:32 p.m.
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and
Committee meetings please contact the Office of the City Clerk. When
NOTES
possible, please notify the City Clerk 48 hours prior to the meeting so we can
make reasonable arrangements to ensure accessibility. Also, in compliance
with Oakland's policy for people with environmental illness or multiple chemical
sensitivities, please refrain from wearing strongly scented products to meetings.
Office of the City Clerk
Phone:
(510) 238-7370
Fax: (510) 238-6699
Recorded Agenda (510) 238-2386
Telecommunications Display Device: (510) 839-6451",22,OaklandCityCouncil/2003-10-21.pdf