body,date,text,page,path OaklandCityCouncil,2003-11-04,"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, November 4, 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: 10 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 on this Item: Patricia Kevena Fili Frank Brodsky - Steven Edrington - Jackie Castain - Brooke A. Levin Deloris Allen - Hector Reyna - Hugh Bassette Sanjiv Handa 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. Modifications were made to Consent Calendar Items 10.25CC which was withdrawn and rescheduled to the December 16, 2003 City Council meeting; and 10.35CC which was rescheduled to the November 18, 2003 City Council meeting 5 Motion for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.",1,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on October 21, 2003 A motion was made by Councilmember Reid, seconded by Councilmember Chang, to *Approve the Minutes. 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 8. Presentation of Ceremonial Matters There were no ceremonial matters. 9. Council Acknowledgements / Announcements Agency/Councilmembers Wan and Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Bernadette Brittin. Vice Mayor Nadel took a point of personal privilege and requested that the meeting be adjourned in memory of Frank Cheney. Agency/Councilmember Reid took a point of personal privilege and requested that the meeting be adjourned in memory of Eugene Jones and Steven Rucker. Agency/Councilmember Quan took a point of personal privilege and requested that the meeting be adjourned in memory of Kim Jones. 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 10.1CC 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: 10.1CC 11-4-03.pdf, 78153.pdf Resolution Number 78153 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Medical Cannabis health emergency 10.2CC 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 Attachments: 10.2CC 11-4-03.pdf, 78154. pdf Resolution Number 78154 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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",2,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: Emma Monroe Settlement Agreement 10.3CC From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Emma Monroe, in the amount of $9,175.00 as a result of property damage sustained when a City of Oakland vehicle collided with her parked vehicle.(Oakland Fire Department) Attachments: 10.3CC 11-4-03.pdf, 78155.pdf Resolution Number 78155 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Kent Luu, Lena Luu, and Lily Luu Settlement Agreement 10.4CC From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Kent Luu, Lena Luu, Lily Luu V. City of Oakland, et al., Alameda County Superior Court case no. 2002-045902, our file no. 21760, in the amount of $13,750.00 as a result of an automobile accident with an Oakland Police Department patrol vehicle Attachments: 78156.pdf Resolution Number 78156 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Marc A. Singer Settlement Agreement 10.5CC From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Marc A. Singer v. City of Oakland, et al., Alameda County Superior Court Case no. 2001-031132, our file no. 21494, in the amount of $8,000.00 as a result of a trip and fall on a sidewalk (Public Works Agency) Attachments: 10.5CC 11-4-03.pdf, 78157.pdf Resolution Number 78157 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: David and Gwendolyn McClure Settlement Agreement 10.6CC From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of David and Gwendolyn McClure, in the amount of $7,753.86, as a result of property damage sustained due to a sewer flood caused by a clogged city sewer main. (Public Works Agency) Attachments: 10.6CC 11-4-03.pdf, 78158.pdf Resolution Number 78158 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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",3,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: Gertrude Schiffman Settlement Agreement 10.7CC From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Gertrude Schiffman v. City of Oakland, Alameda County Superior Court No. 2001-034700, our file no. 21420, a personal injury case in the amount of $47,450.00 (Public Works Agency) Ms. Schiffman tripped and fell on a sidewalk on MacArthur Boulevard Attachments: 10.7CC 11-4-03.pdf 78159.pdf Resolution Number 78159 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Audrey & Gilbert Yuen Settlement Agreement 10.8CC From: Office of the City Attorney Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Audrey Yuen & Gilbert Yuen V. City of Oakland, et al., Alameda County Superior Court Case No. 834096-8, our file no. 20508, in the amount of $225,000.00 as a result of sewage intrusion into plaintiffs' home (Public Works Agency) Attachments: BCC 11-4-03.pdf 78160.pdf Resolution Number 78160 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Councilmember Travel Authorization 10.9CC From: Councilmember Reid Recommendation: Adopt a Resolution authorizing Councilmember Larry Reid to attend the Bay Area World Trade Center ""Trade and Friendship Mission"" in Ghana, Africa from November 19 through 26, 2003 Attachments: 10.9CC 11-4-03.pdf 78161.pdf Resolution Number 78161 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Councilmember Travel Authorization 10.10 From: Councilmember Brooks CC Recommendation: Adopt a Resolution authorizing Councilmember Desley Brooks to attend the Bay Area World Trade Center ""Trade and Friendship Mission"" in Ghana, Africa from November 19 through 26, 2003 Attachments: 0227.pdf, 10.10CC 11-4-03.pdf 78162 pdf Resolution Number 78162 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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",4,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: Judith McKee Oakland Museum of California Foundation Board CC From: Office of the Mayor Recommendation: Adopt a Resolution appointing Judith McKee as a Trustee of the Oakland Museum of California Foundation Board Attachments: 10.11CC 11-4-03.pdf, 78163.pdf Resolution Number 78163 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 10.12 Subject: Donna Allen Health and Human Services Commission CC From: Office of the Mayor Recommendation: Adopt a Resolution appointing Donna Allen as a member of the Health and Human Services Commission. Attachments: 0.12CC 11-4-03.pdf, 78164.pdf Resolution Number 78164 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Eva Aguillard and Chris Finn Commission on Persons with 10.13 Disabilities CC From: Office of the Mayor Recommendation: Adopt a Resolution appointing Eva Aguillard and Chris Finn as members of the Commission on Persons with Disabilities Attachments: 10.13CC 11-4-03.pdf, 78165.pdf Resolution Number 78165 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 10.14 Subject: David Means Community Policing Advisory Board CC From: Councilmember Brooks Recommendation: Adopt a Resolution appointing David Means as a member of the Community Policing Advisory Board Attachments: 10.14CC 11-4-03.pdf, 10.14CC supp 11-4-03.pd 78166.pdf Resolution Number 78166 C.M.S. The following individual spoke and did not indicate a position on this item: - - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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",5,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: Wayne Yang, Charles Kong Children's Fund Planning and 10.15 Oversight Committee CC From: Councilmember Chang Recommendation: Adopt a Resolution appointing Wayne Yang, and reappointing Charles Kong as members of the Children's Fund Planning and Oversight Committee Attachments: 10.15CC 11-4-03.pdf 78167.pdf Resolution Number 78167 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Purchase of Real Property 1414 73rd Avenue 10.16 From: Community & Economic Development Agency CC Recommendation: Approve the Final Passage (Second 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 0.16CC 11-4-03.pd Attachments: 10.18CC 10-21-03.pdf. 12544 pdf, Item 8 10-14-03.pdf Ordinance Number 12544 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. 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: 12544 Subject: Lexus and Infiniti Automobile Delearship 10.17 From: Community and Economic Development Agency CC Recommendation: Approve the Final Passage (Second 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.pdt Ordinance Number 12545 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. 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: 12545",6,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: Joint Living and Working Quarters 10.18 From: Community and Economic Development Agency CC Recommendation: Approve the Final Passage (Second 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.pdt 12546.pdf, 14.3.pdf Ordinance Number 12546 C.M.S. The following individual spoke and did not indicate a position on this item: Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. The motion carried by the following vote: Vice Mayor Nadel ORAICouncilmember Abstained: ORACouncilmember Ayes: Councilmember Brunner, Councilmember Wan, Councilmember 7- Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Subject: Large-Scale Combined Retail and Grocery Sales 10.19 From: Community and Economic Development Agency CC Recommendation: Approve the Final Passage (Second 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 Ordinance Number 12547 C.M.S. The following individual spoke and did not indicate a position on this item: Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. 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: Salary Ordinance Amendment From: Finance and Management Agency 10.20 Recommendation: Approve the Final Passage (Second Reading) of an CC 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, 22 9-30-03.pdf",7,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Ordinance Number 12548 C.M.S. The following individual spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. 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 10.21 From: Office of the City Attorney CC Recommendation: Approve the Final Passage (Second 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 Ordinance Number 12549 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. 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: Enforcement of Public Nuisance Actions 10.22 From: Councilmember Quan and President De La Fuente CC Recommendation: Approve the Final Passage (Second Reading) of the 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.pdt Item 27.pdf Ordinance Number 12550 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Approved for Final Passage. 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: 2004 Oakland Municipal Nominating Election 10.23 From: Office of the City Clerk CC Recommendation: Adopt the following legislation related to the Statewide Primary Election: 1) Approve the Introduction (First Reading) of an Ordinance establishing the date of the City of Oakland Municipal Nominating Election as Tuesday, March 2 , 2004 to conform with the Statewide Primary Election; and Attachments: 0249.pdf, 10.23CC 11-4-03.pdf A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 18, 2003. The motion carried by the following vote:",8,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"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 2) Adopt a Resolution requesting consolidation of the City of Oakland Municipal Nominating Election with the Statewide Primary Election to be held in the City of Oakland on Tuesday, March 2, 2004 Attachments: 10.23CC 11-4-03.pdf, 78171.pdf Resolution Number 78171 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: ORACouncilmember 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: Fruitvale Business Improvement Management District 10.24 From: Community and Economic Development Agency CC Recommendation: Adopt a Resolution approving and confirming the annual report of the Fruitvale Business Improvement Management District Advisory Board and the continuing annual assessment for the Fruitvale Business Improvement Management District for Fiscal Years 2003-2004 Attachments: 0211.pdf, 10.24CC 11-4-03.pdf, 78170.pdf Resolution Numbers 78170 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Lakeshore/Lake Park Business Improvement Management District 10.25 From: Community and Economic Development Agency CC Recommendation: Adopt a Resolution approving and confirming the annual report of the Lakeshore/Lake Park Business Improvement Management District Advisory Board and the continuing annual assessment for the Lakeshore/Lake Park Business Improvement Management District for Fiscal Years 2003-2004 Attachments: 0212.pdf, 10.25CC 11-4-03.pdf, Item 15.pdf Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subject: Installation of Stop Signs Madrone Avenue 10.26 From: Public Works Agency CC Recommendation: Adopt a Resolution approving: 1) installation of stop signs on Madrone Avenue at Steele Street, on Holly Street at 79th Avenue, and on Laird Avenue at 68th Avenue; and 2) establishment of a no parking zone on both sides of Independent Road from 66th Avenue to Coliseum Way and on the East Side of 66th Avenue from Independent Road to 505 66th Avenue Attachments: 10.26CC supp 11-4-03.pdf, 78168.pdf, Item 3 10-28-03.pd Resolution Number 78168 C.M.S. The following individual spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote:",9,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"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: Installation of Stop Signs 11th Street From: Public Works Agency 10.27 Recommendation: Adopt a Resolution approving the installation of: 1) stop CC signs on 11th Street at Center Street, Washington Street at 2nd Street, and East 12th Street at 37th Avenue; 2) a two-hour parking zone on MacArthur Boulevard (both sides) between 89th Avenue and 90th Avenue; and 3) four- hour parking zones on Martin Luther King Junior Way (east side) between 3rd Street and 4th Street and 4th Street (south side) between Martin Luther King Junior Way and Jefferson Street Attachments: 10.27CC supp 11-4-03.pdf, 78169.pdf, Item 4 10-28-03.pdt Resolution Number 78169 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: On-Call Curb Ramps Project 10.28 From: Public Works Agency CC Recommendation: Adopt a Resolution authorizing the rejection of all bids for On-Call Curb Ramps Project (Fiscal Year 2001-2002) (Project No. C209110), and formally re-bid the project with return to Council for award Attachments: 28 supp 11-4-03.pdf, 78172.pdf, Item 6 10-28-03.pdf Resolution Number 78172 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Joaquin Miller Park Cascade Landscaping Project From: Public Works Agency 10.29 Recommendation: Adopt a Resolution authorizing the City Manager to award a CC construction contract to the lowest responsible, and responsive bidder in accordance with the Joaquin Miller Park Cascade Landscaping Project, Project No. C197230, and contractor's firm, fixed bid for an amount not to exceed the City's engineer's estimate, ninety one thousand dollars ($91,000), or if initial bids are non-responsive and/or non-responsible, authorizing the City Manager to reject all such bids and re-bid and/or negotiate a contract, and award a construction contract for said project without return to City Council (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) Attachments: 10.29CC supp 11-4-03.pdf, 78173. pdf, Item 7 10-28-03.pd Resolution Number 78173 C.M.S. Contract Number 03-1631 A motion was made 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",10,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Attorney as a member of the Business Tax Board of Review and provide that the City Manager shall select an employee of the City to serve as a member of the Business Tax Board Of Review Attachments: 10.33CC supp 11-4-03.pdt Item 3 10-28-03.pdf",11,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"The following individual spoke and did not indicate a position on this item: Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 18, 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: Gross Rental Receipts 10.34 From: Finance and Management Agency CC Recommendation: Approve the Introduction (First Reading) an Ordinance rescinding Section 5.04.450 of the Oakland Municipal Code to allow taxpayers to report gross rental receipts separately for the purpose of paying the annual business tax Attachments: 10.34CC supp 11-4-03.pdf Item 4 10-28-03.pdf The following individual spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 18, 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: Shop Oakland Parking Program 10.35 From: Community and Economic Development Agency CC Recommendation: Approve Recommendation requesting authorization of free three-hour parking at designated meters and free parking at City parking garages during the 2003 holiday season Attachments: 10.16CC 11-18-03.pdf, 10.35CC supp 11-4-03.pdt Item 7 10-28-03.pd The following individual spoke and did not indicate a position on this item: - Sanjiv Handa *Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subject: Pedestrian and Bicycle Related Streetscape Improvements 10.36 From: Community and Economic and Development Agency CC Recommendation: Adopt an Agency Resolution authorizing an application to the Alameda County Transportation Improvement Authority for grant funds from the Measure B Bicycle and Pedestrian Countywide Discretion Fund for planning and feasibility studies for intermodal streetscape improvements on Telegraph Avenue Attachments: 10.36CC supp 11-4-03.pdf, 2003-75.pdf, Item 4 10-28-03.pdf Agency Resolution Number 2003-75 C.M.S. A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 Enactment No: 2003-75",12,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"8 Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang 3) Adopt a Resolution authorizing a grant of $200,000.00 in Federal HOME funds to provide operating support and technical assistance to East Bay Asian Local Development Corporation Attachments: 10.37CC supp 11-4-03.pdf, 78179.pdf, Item 5 10-28-03.pdf Resolution Number 78179 C.M.S. Contract Number 03-1636 A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Sale of Real Property 1072 55th 5 Street 10.38 From: Community and Economic Development Agency CC Recommendation: Adopt the following legislation regarding the sale of real property: 1) Adopt an Ordinance authorizing the sale of the property at 1072 55th Street to the Redevelopment Agency for $415,000.00, and Attachments: 10.38CC supp 11-4-03.pdf, Item 6 10-28-03.pdf A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 18, 2003. The motion carried by the following vote:",13,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"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 2) Adopt an Agency Resolution authorizing the purchase of the property at 1072 55th Street from the City for $415,000.00 Attachments: 10.38CC supp 11-4-03.pdf 2003-76.pdf, Item 6 10-28-03.pd Agency Resolution Number 2003-76 A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 Enactment No: 2003-76 Subject: Massage Service Activities 10.39 From: Councilmember Jane Brunner CC Recommendation: Adopt an Ordinance regarding an urgency measure adopting an Interim Ordinance pursuant to Government Code Section 65858 imposing a moratorium on massage service activities Attachments: 12551.pdf, Item 3 10-28-03.pdf S-31.pdf This item was renoticed as Item S-31 Subject: Managed Health Network (MHN) 10.40 From: Oakland Police Department CC Recommendation: Adopt a Resolution authorizing a professional services agreement between the City of Oakland and Managed Health Network (MHN) in an amount not to exceed ninety-four thousand five hundred fifty-two dollars ( $94,552) for the period of July 1, 2003 to June 30, 2005, for a Counseling Program for sworn members of the Police Department and their dependants Attachments: 10.40CC supp 11-4-03.pdf 78180.pdf Item 4 10-28-03.pdf Resolution Number 78180 C.M.S. Contract Number 03-1637 A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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: Public Ethics Commission Bylaws 10.41 From: Office of the City Manager CC Recommendation: Approve Recommendation to obtain required City Council ratification of amendments to the Public Ethics Commission Bylaws pertaining to committee organization and compliance with the Sunshine Ordinance Attachments: 10.41CC supp 11-4-03.pdf, Item 8 10-30-03.pdf The following individual spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 President De La Fuente recessed the meeting at 6:52 p.m. and reconvened the meeting at 7:02 p.m., with a quorum of the Council being noted",14,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Resolution confirming the annual report of the Montclair Business Improvement District Advisory Board and levying the annual assessment for the Montclair Business Improvement District for Fiscal Year 2004-2005 Attachments: 4.1 11-4-03.pdf, 78181.pdf",15,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Resolution Number 78181 C.M.S. Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:04 pm. Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember Chang, to close the Public Hearing, and upon the call of the roll, the motion passed by Ayes: Agency/Councilmember: Brooks, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -7; Absent: Brunner -1 COUNCILMEMBER BRUNNER WAS NOTED PRESENT AT 7:06 P.M. A motion was made by Councilmember Reid, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Councilmember Brunner ORAICouncilmember Absent: 1 - ORAICouncilmember Ayes: Councilmember Wan, Vice Mayor Nadel, Councilmember Quan, 7- President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Subject: Rockridge Business Improvement District Public Hearing 14.2 From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusion Adopt a Resolution confirming the annual report of the Rockridge Business Improvement District Advisory Board and levying the annual assessment for the Rockridge Business Improvement District for Fiscal Year 2004-2005 Attachments: 14.2 11-4-03.pdf, 78182.pdf Resolution Number 78182 C.M.S. Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:05 pm Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Quan, to close the Public Hearing, and upon the call of the roll, 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 Reid, 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: West Oakland Redevelopment Plan Public Hearing 14.3 From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusion Adopt the following legislation: 1) Adopt a Resolution electing to receive a portion of the tax increments from the West Oakland Redevelopment Project Area, Attachments: 14.3 11-4-03.pdf, 78183.pdf, Item 9 10-14-03.pdf",16,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Resolution Number 78183 C.M.S. Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:06 pm The following individuals spoke in favor of this item: - Larry Rice - Karin Mac Donald The following individual spoke on this item and indicated a neutral position; Hugh Bassette The following individual spoke and did not indicate a position; - Jed L. Silver Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Brunner, to close the Public Hearing, and upon the call of the roll, the motion passed by Ayes: Agency/Councilmember: Brooks, Chang, Brunner, Nadel, Reid, Quan, Wan and President of the Council De La Fuente 8 A motion was made by Vice Mayor Nadel, 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 2) Adopt an Agency Resolution approving and adopting Rules Governing Participation by Property Owners and the Extension of Reasonable Preferences to Business Occupants in the West Oakland Redevelopment Project Area Attachments: 14.3 11-4-03.pdf, 2003-77.pdf, Item 9 10-14-03.pd Agency Resolution Number 2003-77 C.M.S. A motion was made by Vice Mayor Nadel, 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 Enactment No: 2003-77 3) Adopt an Agency Resolution certifying and making findings as to the Final Environmental Impact Report on the West Oakland Redevelopment Project Attachments: 14.3 11-4-03.pdf, 2003-78.pdf, Item 9 10-14-03.pdf Agency Resolution Number 2003-78 C.M.S. A motion was made by Vice Mayor Nadel, 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 Enactment No: 2003-78 4) Adopt a Resolution certifying and making findings as to the Final Environmental Impact Report on the West Oakland Redevelopment Project, Attachments: 14.3 11-4-03.pdf, 78184.pdf, Item 9 10-14-03.pdf Resolution Number 78184 C.M.S A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:",17,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"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 5) Adopt an Agency Resolution approving the Redevelopment Plan for the West Oakland Redevelopment Project, and Attachments: 14.3 11-4-03.pdf, 2003-79.pdf, Item 9 10-14-03.pd Agency Resolution Number 2003-79 C.M.S. A motion was made by Vice Mayor Nadel, 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 Enactment No: 2003-79 6) Adopt an Ordinance approving and adopting the Redevelopment Plan for the West Oakland Redevelopment Project Attachments: 14.3 11-4-03.pdf, Item 9 10-14-03.pdt A motion was made by Vice Mayor Nadel, 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 18, 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: Joint-use School and Public Library Public Hearing From: Oakland Public Library Recommendation: Conduct a Public Hearing and upon conclusion Adopt the 14.4 following legislation regarding the Joint-use School and Public Library: 1) Adopt a Resolution authorizing the City Manager to apply for, accept and appropriate funds in an amount not to exceed six million five hundred thousand dollars ($6.5 million) from the State of California Proposition 14 Funds ( California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000) for the Fiscal Year 2003-2004 for the development of a joint-use school and public library with the Oakland Unified School District and consenting to the use of Redevelopment Agency funds as matching funds for this grant, and authorizing an amendment to the Repayment Agreement with the Redevelopment Agency to accept this funding of $3.5 million in Coliseum Redevelopment Set-aside Funds, and Attachments: 14.4 11-4-03.pdf, 78185.pdf, Item 6 10-14-03.pdf",18,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Resolution Number 78185 C.M.S Contract No. 03-1638 Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 7:25p .m. The following individual spoke in favor of this item: Frank Brodsky The following individual spoke on this item and did not indicate a position: - Sanjiv Handa Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Reid, to close the Public Hearing, and upon the call of the roll, 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 Reid, 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 2) Adopt an Agency Resolution authorizing the use of $3.5 million in Coliseum School Setaside Funds as local matching funds for construction of a public library at 81st and Rudsdale Attachments: 14.4 11-4-03.pdf, 2003-80.pdf, Item 6 10-14-03.pdf Agency Resolution Number 2003-80 C.M.S. Agency Contract Number 03-022 A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 Enactment No: 2003-80 Subject: Secondary Units Planning Code Amendment Public Hearing 14.5 From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusion Approve the Introduction (First Reading) of an Ordinance amending the Oakland Planning Code to modify the minimum street pavement width requirements provided by Ordinance 12501 C.M.S. related to standards for Secondary Units Attachments: 14.511-4-03.pdf Upon the reading of Item 14.5 by the City Clerk, the Public Hearing was opened at 7:33 p.m. The following individual spoke on this item and did not indicate a position: - John Carroll Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Brunner to close the Public Hearing, and upon the call of the roll, 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 18, 2003. The motion carried by the following vote: Councilmember Brooks ORA)Councilmember Abstained:",19,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"ORAICouncilmember Ayes: Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel, 7 - Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ACTION ON NON-CONSENT ITEMS: Subject: Education Teach-ins 15 From: Vice Mayor Nadel Recommendation: Adopt a Resolution in support of Teach-ins and Day of Action to support education Attachments: 0241.pdf, 15 11-4-03.pdf, 78186 CMS.pdf Resolution Number 78186 C.M.S. A motion was made by Vice Mayor Nadel, seconded by Councilmember Reid, 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: Measure X Limited Charter Review Committee Recommendations From: Measure X Limited Charter Review Committee Recommendation: A Continued discussion to Approve a Report regarding a 16 Resolution for the Council's consideration reflecting Charter amendments prepared by San Francisco City Attorney's Office that reflect the Measure X Limited Charter Review Committee and City Councilmember recommendations regarding (A) Balance of Powers among Branches of Government, (B) the Elected City Attorney, (C) Setting Pay for Elected Officials, (D) Term Limits for Elected Officials, (E) Mayor's Attendance at Council Meetings, (F) Number of Councilmembers and At-Large Representatives, (G) City Council Structure and Procedures; and (H) Role of the City Manager (I) determining whether said Charter amendment shall appear on the March 2, 2004 or November 2, 2004 Ballot (J) need to check report (TITLE CHANGE) 16 11-4-03.pdf, Attachments: 16 Attach A 11-04-03.pdf, 16 Attach B 11-04-03.pdf, 23 11-18-03.pdf",20,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"The following individuals spoke in favor of this item: - Judy Cox The following individuals spoke on this item and indicated a neutral position: - Helen Hutchinson - - Judy Selcher The following individuals spoke on this itemand did not indicate a position: - Gene Hazzard - Rashidah Grinage - Sanjiv Handa Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember Brunner to approve the Committee majority recommendations with the amendments to Section 503; Section 300; Section 401 (1); and Section 403, as submitted by Councilmember Wan (Attachment A), and including the corrections submitted in the letter from R. Zachary Wasserman (Attachment B). The Council further moved to direct staff to submit for consideration language regarding the following proposals: (1) The minority suggestion for 6 public meetings by the Mayor; (2) The execution and enforcement of all adopted measures, ordinances, and budget within the City Administrator's responsibilities; (3) Require the Mayor to advise the City Administrator on the hiring and removal of department/agency directors; (4) Allow appointment by the Council to Board and Commission vacancies after three months; (5) Allow the Public Ethics Commission to adjust Council salaries beyond the increase in the Consumer Price Index up to a total of 5% (6) Require the Mayor to advise the Council prior to the removal of the City Administrator; (7) Require the Council to confirm by majority vote prior to the removal of the City Administrator; (8) Consider placing Measure X on both the March 2, 2004 and November 2, 2004 ballot A motion was made by Councilmember Brunner, seconded by Councilmember Reid, that this matter be Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on November 18, 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: Recycling Services From: Public Works Agency 17 Recommendation: Approve Recommendations and Receive a follow-up report in response to an unsolicited proposal from California Waste Solutions; and approve recommendations for establishing service parameters and soliciting proposals for recycling services in the area of the City currently serviced by California Waste Solutions; and a recommendation to enter into negotiations with Waste Management of Alameda County to address Citywide recycling service equity issues Attachments: 17 11-4-03.pdf, Item 11 10-14-03.po",21,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"- Susan Quinlan The following individuals spoke on this item and did not indicate a position: - Rashidah Grinage - Sanjiv Handa Agency/Councilmember Wan made a motion, seconded by Vice Mayor Nadel, to discontinue the Risk Management Incentive Program, and develop a program like the City of Phoenix that requires each department to manage their own risk. Agency/Councilmember Brooks made a substitute motion, seconded by Agency/ Councilmember Quan, to direct staff to continue to review the City of Phoenix program and return with recommendations to Council on January 6, 2004, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, and President of the Council De La Fuente 7; No: Wan 1 A motion was made that this matter be Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on January 6, 2004. The motion carried by the following vote:",22,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Councilmember Wan ORAICouncilmember Nos: ORAICouncilmember Ayes: Councilmember Brunner, Vice Mayor Nadel, Councilmember Quan, 7- President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Subject: Discrimination Based on Sexual Orientation 19 From: Vice Mayor Nadel; Councilmembers Wan and Quan Recommendation: Approve the Introduction (First Reading) of an Ordinance updating language in the City of Oakland's Municipal Code Chapter 9.44 discrimination based on sexual orientation and amending Section 9.44.010 definitions to include discrimination based on gender identity or expression ( TITLE CHANGE) 03-0045. pdf resched, Attachments: 19 11-4-03.pdf, Item 19 12-16-03.pdf Item 7 10-14-03.pdf Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subject: Oakland Convention and Visitors Bureau From: Cultural Arts and Marketing 20 Recommendation: An annual report of the FY 2002-2003 performance of the Oakland Convention and Visitors Bureau (OCVB) and Adopt a Resolution authorizing the City Manager to negotiate and execute a two-year professional services agreement with the Oakland Convention and Visitors Bureau to provide Visitor Marketing Services in an amount not to exceed $900,000.00 for Fiscal Year 2003-2004 and not to exceed $650,000.00 for Fiscal Year 2004- 2005 and to pay OCVB up to fifty percent of the amount of the City's Transient Occupancy Tax that exceed $10,262,773.00 each Fiscal Year 20 11-4-03.pdf, Attachments: 78187.pdf, Item 4 10-14-03.pdf, Item 4SUP 10-14-03.pdf Resolution Number 78187 C.M.S. Contract Number 03-1639 A motion was made by Councilmember Quan, seconded by President of the Council De La Fuente, that this matter be Adopted. The motion carried by the following vote: Councilmember Brunner ORA)Councilmember Abstained: ORAICouncilmember Ayes: Councilmember Wan, Vice Mayor Nadel, Councilmember Quan, 7 - President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Subject: Fox Theater Restoration From: Community and Economic Development Agency 21 Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to negotiate and execute an Exclusive Negotiation Agreement with Fox Theater 1 Corporation, to develop the Fox Theater and attached wrap- around buildings into a performing arts center and home for the Oakland School for the Arts, and authorizing the expenditure of up to eight hundred thousand dollars ( $800,000.00) for testing, design, cleanup and related work during the exclusive negotiating period Attachments: 2111-4-03.pdf, 21 supp 11-4-03.pd Item 8 10-14-03.pdf",23,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"The following individuals spoke in favor of this item: - Patrick C. Campbell - Phil Tagami - Jackie Castain Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember Reid, to approve the item and directed staff to return to the November 18, 2003 City Council meeting with revised legislation which includes the following recommendations approved by the Community and Economic Development Committee: (1) City has not agreed to sell any garages until further review; (2) Staff is to return to Committee with the Disposition and Development Agreement and to provide alternatives for project financing; (3) Committee is to review and approve the expenditures and release of funds for the $800,000; (4) during the Exclusive Negotiating Agreement process, staff is to investigate alternative ownership structures that may not include the art school; and (5) Staff is to return with the wrap around design showing flexibility for alternatives entities; 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 Brunner, seconded by Councilmember Reid, that this matter be Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on November 18, 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: West Oakland Weed & Seed Initiative From: Oakland Police Department 22 Recommendation: Adopt a Resolution authorizing the City Manager, on behalf of the City of Oakland, to accept and appropriate a grant in the amount of two hundred twenty-five thousand dollars ($225,000) from the U.S. Department of Justice, Office of Justice Programs, Executive Office of Weed and Seed for the continued program implementation of the West Oakland Weed and Seed Initiative and authorizing a funding agreement in an amount not to exceed twenty-five thousand dollars ($25,000) with the Oakland Police Activities League for truancy and mentoring services associated with the program 22 11-4-03.pdf, Attachments: 78188. pdf, Item 8 10-14-03.pdf, Sched 0182.pdf Resolution Number 78188 C.M.S Contract Number 03-1640 A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote: Councilmember Quan ORAICouncilmember Abstained: ORA)Councilmember Ayes: Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel, 7- President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Subject: Creations of Special Assessment Districts From: Oakland Fire Department 23 Recommendation: Adopt the following legislation: 1) Adopt an Ordinance establishing procedures for the creation of special assessment districts to fund services and programs for fire suppression, prevention and preparedness within designated areas of the City Of Oakland, and Attachments: Item 23 11-4-03.pdf, Item 11 10-14-03.pdf",24,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"The following individual spoke in favor of this item: - Barry Pilger The following individuals spoke against of this item: - David E. Mix - Larry Allen The following individual spoke and indicated a neutral position on this item: - Karen Paulsell The following individual spoke and did not indicate a position on this item: - Sanjiv Handa 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 18, 2003. 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 2) Adopt a Resolution of Intention to form the Oakland Wildfire Prevention Assessment District, accepting and granting preliminary approval of the engineer's report, directing filing of the engineer's report and proposed assessment district boundary map, submitting the proposed assessment to the district assessees for majority protest procedure, and scheduling a Public Hearing for January 6, 2004, and 78189. pdf, Attachments: Item 11 10-14-03.pdf Item 11.2SUP 10-14-03.pdf Item 23 11-4-03.pdf, Prelim Roll11-04-03.pdf Resolution Number 78189 C.M.S. 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 3) Adopt a Resolution authorizing the City Manager to execute the ballot for all the City owned properties on which assessments are to be levied for the Oakland Wildfire Assessment District to support the formation of the District and approve the assessments and, if the district is formed, to take the necessary actions to pay the amount of the assessments of the City owned properties in an amount not to exceed a total of $1,489,774.00 over the ten year assessment period Attachments: 78190. pdf. Item 23 11-4-03.pdt Resolution Number 78190 C.M.S. 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 24 (Number not used)",25,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: City owned surplus properties From: Community and Economic Development Agency Recommendation: Approve the Introduction (First Reading) of an Ordinance 25 authorizing the City Manager to enter into purchase and sales agreements for the sale of eleven City owned surplus properties from the public auction conducted on October 3, 2003 to the following high bidders: (1 APN 045-5304- 057-02, 056 for $140,000) Jeff Ku; (3-APN 044-4989-006 for $227,000) Oakland Community Housing, Inc.; (4-APN 048-6854-002-06 and 5-APN 048- 6854-003-02 for $100,000,7-APN 048-6818-001-01 for $135,000) Hirst Shafer Construction and Development, Inc.; (6-APN 048-6869-007 for $240,000) Amelia Lim; (8-APN 048D-7302-059 for $81,000) Henry Hernandez; (9-APN 048D-7303-067 for $50,000 and 10-APN 048D-7303-068 for $50,000) Wayne Huey; and (11-APN 048H-7606-051-04 for $455,000) Traci Ann McKnight Attachments: 25 11-4-03.pdt Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember Quan, to approve for Introduction as amended the Ordinance on Item 25 to exclude the following surplus properties (1 APN 045-5304-057-02, 056 for $140,000) Jeff Ku; (9- APN 048D-7303-067 for $50,000 and 10-APN 048D-7303-068 for $50,000) Wayne Huey from entering into purchase and sales agreements, 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 Wan, seconded by Councilmember Quan, 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 18, 2003. The motion carried by the following vote: Councilmember Brunner ORAICouncilmember Abstained: Councilmember Chang ORAICouncilmember Nos: ORAICouncilmember Ayes: Councilmember Wan, Vice Mayor Nadel, Councilmember Quan, 6 President of the Council De La Fuente, Councilmember Brooks and Councilmember Reid 25.1 Subject: City owned surplus properties Impartial Financial Analysis From: Office of the City Auditor Attachments: 25.1 11-4-03.pdf A motion was made by Councilmember Wan, 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 Subject: Low Law Enforcement Policy towards Medical Cannabis 26 From: Office of the City Manger Recommendation: A Continued discussion to Approve Recommendations regarding conditions to fall under the City's Low Law Enforcement Policy towards Medical Cannabis and to select one medical cannabis provider association to administer the City's Medical Cannabis Distribution Program Attachments: 26 11-4-03.pdf, Item 6 10-28-03.pdf *Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subject: Construction of Bulbouts Ray's Electric 27 From: Public Works Agency Recommendation: Adopt a Resolution authorizing award of a contract to Ray's Electric for the construction of bulbouts on Grand Avenue (Project Number G 170430) in the amount of three hundred thirty-five thousand nine hundred thirty dollars ($335,930) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)",26,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"27 supp 11-4-03 pdf, Attachments: 78191 pdf, Item 5 10-28-03 supp.pdf, Item 5 10-28-03.pd Resolution Number 78191 C.M.S. Contract Number 03-1640 A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, 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: Lease Agreement for 530 Lake Park Avenue From: Community and Economic and Development Agency 28 Recommendation: Adopt a Resolution authorizing the City Manager to enter into a two-year lease with Peter and Helen Shiu for real property located at 530 Lake Park Avenue, for use as a community meeting facility and community police station, for two years in the amount of $25,200 (Year 1), and $27,600 ( Year 2), and tenant improvements (not to exceed $2,000), plus telephone, and utility costs 28 supp 11-4-03.p pdf, Attachments: 78192.pdf, Item 5 10-28-03.pdf, Item 8 10-14-03.pd Resolution Number 78192 C.M.S. Contract Number 03-1643 A motion was made by Councilmember Wan, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote: Councilmember Brunner ORAICouncilmember Nos: 1 - ORAICouncilmember Ayes: Councilmember Wan, Vice Mayor Nadel, Councilmember Quan, 7 President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Enactment No: 78192 Subject: Oakland Fund for Children and Youth From: 29 Department of Human Services Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute a contract between the City of Oakland and Community Crime Prevention Associates in an amount not to exceed $260,000 to evaluate the Oakland Fund for Children and Youth for the period of October 1, 2003 through September 30, 2004 with two one-year options to renew Attachments: 29 supp 11-4-03.pdf, 78193. pdf, Item 3 10-28-03.pdf Resolution Number 78193 C.M.S. Contract Number 13-1642 A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Councilmember Brunner ORA)Councilmember Nos: ORA)Councilmember Ayes: Councilmember Wan, Vice Mayor Nadel, Councilmember Quan, 7- President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang",27,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Subject: Oakland Fund for Children and Youth Request for Proposals 30 From: Department of Human Services Recommendation: Approve Recommendation for the Oakland Fund for Children and Youth Fiscal Year 2004-2005 Request for Proposals and Fiscal Year 2004-2005 After School Initiative Request for Qualifications Attachments: 30 supp 11-4-03.pd Item 4 10-28-03.pd A motion was made by Councilmember Quan, seconded by Councilmember Wan, that this matter be Approved. The motion carried by the following vote: Councilmember Brooks ORAICouncilmember Abstained: Councilmember Brunner ORAICouncilmember Nos: ORAICouncilmember Ayes: Councilmember Wan, Vice Mayor Nadel, Councilmember Quan, 6- President of the Council De La Fuente, Councilmember Reid and Councilmember Chang Subject: Massage Service Activities 31 From: Councilmember Jane Brunner Recommendation: Adopt an urgency measure adopting an Interim Ordinance pursuant to Government Code Section 65858 imposing a moratorium on massage service activities Attachments: 12551 pdf, Item 3 10-28-03.pdf, S-31.pdf Ordinance Number 12551 C.M.S. The following individual spoke and did not indicate a position on this item: Sanjiv Handa A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be Approved for Final Passage. 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 (PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, INTRODUCTION AND ADOPTION OF THIS ORDINANCE REQUIRES A VOTE OF 4/5 OF THE MEMBERS (7 AFFIRMATIVE VOTES). THIS ORDINANCE IS INTRODUCED AND ADOPTED AT THE SAME MEETING AND IT IS IN EFFECT IMMEDIATELY FOR A 45 DAY PERIOD UPON ADOPTION.) NOTICE OF ADDITIONAL URGENCY AGENDA ITEM S-32 FOR THE CONCURRENT MEETING OF THE OAKLAND REDEVELOPMENT AGENCY/CITY COUNCIL NOVEMBER 4, 2003 Subject: Southern California Fire Victims 32 From: Councilmember Quan Recommendation: Adopt a Resolution commemorating a Day of Remembrance for Southern California Fire Victims Attachments: 78194.pdf",28,OaklandCityCouncil/2003-11-04.pdf OaklandCityCouncil,2003-11-04,"Resolution Number 78194 C.M.S. Prior to discussing this item, the Council made an urgency finding pursuant to the Sunshine Ordinance and Brown Act. Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Reid, to approve an urgency finding pursuant to Section 2.20.070 E(2) regarding this matter (A) that the action is purely commendatory in nature (B) that the need for such action came to the attention of the body after the posting of the 10-day agenda. Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember Reid, to adopt the urgency resolution, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Quan, Reid, Wan, and President of the Council De La Fuente -8 A motion was made by Councilmember Quan, seconded by Councilmember Reid, 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 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 at 12:18 a.m. in the memory of Frank Cheney, Bernadette Brittin, Eugene Jones, Ken Jones, Steven Rucker. Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk Phone: (510) 238-7370 Fax: (510) 238-6699 Recorded Agenda (510) 238-2386 Telecommunications Display Device: (510) 839-6451",29,OaklandCityCouncil/2003-11-04.pdf