body,date,text,page,path
OaklandCityCouncil,2003-12-02,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Draft
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, December 2, 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
6:40 p.m. with President Pro Tempore Brunner presiding as Chairperson.
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
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Present:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, Councilmember Brooks, Councilmember Reid and
Councilmember Chang
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
The following speakers spoke on this item:
Thordie Asley
Reverend Harry Williams
Sandra Andrews
- Denise Smith
- Al Ballard
-
Frank Brodsky
- Keith Mohammed
- Betty Stevensen
- Edourette Corry
- Beverly Blythe
- Phineas Alexander
- Roosevelt Mosley
- Young Turner
- Latisha Montgomery
-
Jacqueline Whitfield
Renee Kpeglo
Rebecca Kaplan
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 was no action necessary on this item.
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"")",1,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"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 Meeting of the Oakland Redevelopment
Agency/City Council held on November 18, 2003
A motion was made by Vice Mayor Nadel, seconded by Councilmember Chang, to
*Approve the Minutes. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
8. Presentation of Ceremonial Matters
Subject:
City Wide Open House Bus Tour
From:
Councilmember Reid
Recommendation: Present six (6) Proclamations recognizing the Sponsors for
the first ""City Wide Open House Bus Tour"" held on October 18, 2003
Attachments:
0288.pdf
Councilmember Reid presented proclamations to the sponsors of the first ""City Wide
Open House Bus Tour"".
Subject:
Oakland Association of Realtors
8.2
From:
Councilmember Reid
Recommendation: Adopt a Resolution acknowledging the 100th Year
Anniversary of the Oakland Association of Realtors and the declaration of
Thursday, December 4, 2003 ""Oakland Realtors Day""
Attachments:
0286 pdf
78213 CMS.pdf
Item 8.2 12-2-03
Resolution Number 78213 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:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78213
Subject:
Oakland Public Library
8.3
From:
Councilmember Chang
Recommendation: Adopt a Resolution honoring and commemorating the
Oakland Public Library for 125 years of service, 1878-2003
Attachments:
0261.pdf,
78214 CMS.pdf,
Item 8.3 12-2-03
Resolution Number 78214 C.M.S.
A motion was made by Councilmember Chang, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:",2,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78214
9. Council Acknowledgements/ Announcements
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:
10.1CC 12-2-03,
78215 CMS.pdt
Resolution Number 78215 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78215
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
Attachments:
10.2CC 12-2-03,
78216 CMS.pdf
Resolution Number 78216 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78216
Subject:
Deborah Edgerly as Interim City Manager
10.3
From:
Mayor Jerry Brown
Recommendation: Consider a Motion to confirm the appointment of Deborah
Edgerly as Interim City Manager
Attachments:
03-0330.pdf,
10.3CC 12-2-03
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
This Matter was Approved on the Consent Agenda.
Subject: Keshonda East-Perkins Planning and Oversight Committee
10.4
From:
Councilmember Brunner
Recommendation: Adopt a Resolution appointing Keshonda East-Perkins as a
member of the Children's Fund Planning and Oversight Committee
Attachments:
10.4CC 12-2-03,
78214 CMS.pdf
Resolution Number 78217 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78217
Subject:
Jean E. Newton Settlement Agreement
10.5
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Jean E. Newton v. City of
Oakland, et al., Alameda County Superior Court Case No. 2-064323, our file
no. 22310, in the amount of $6,000.00 (Public Works Agency)
Attachments:
10.5CC 12-2-03,
78218 CMS.pdf",3,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Resolution Number 78218 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78218
Subject:
Oakland Zoning Code Amendment
10.6
From:
Community and Economic Development Agency
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending Chapter 17.100 (S-15, Transit Oriented Zone) of the
Oakland Zoning Code to conditionally permit auto fee parking
Attachments:
10.6CC 12-2-03,
12561 CMS.pdf
Ordinance Number 12561 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12561
Passed The Consent Agenda
A motion was made, including all the preceding items marked as having been
adopted on the Consent Agenda. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
11
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed
Session
There were 3 final decisions made during Closed Session:
Item 2d: Baker v. City of Oakland
Council authorized settlement in the amount of $22,500 in a case arising out of incidents
on October 20, 2000 and December 22, 2000 wherein plaintiffs alleged that officers of
the Oakland Police Department used excess force.
The motion was made by Councilmember Reid, seconded by Councilmember Brooks.
The motion passed with 7 Ayes; 1 Excused -De La Fuente
Item 2e: Edwards v. City of Oakland
Council authorized settlement in the amount of $35,000 in a case arising out of an
incident on October 24, 2000 wherein the plaintiff alleged that officers used excessive
force.
The motion was made by Councilmember Brooks, seconded by Councilmember Reid.
The motion passed with 7 Ayes; 1 Excused -De La Fuente
Item 2f: Davis v. City of Oakland
Council authorized settlement in the amount of $110,000 in a case arising out of an
incident on March 1, 2000 wherein the plaintiff alleged that officers used excessive
force.
The motion was made by Councilmember Reid, seconded by Councilmember Brooks.
The motion passed with 6 Ayes; 1 Abstain -Brunner; 1 Excused -De La Fuente
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Chang, to accept the oral report from the City Attorney, and hearing no objections, the
motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel,
Reid, Quan, Wan -7; Excused, President of the Council De La Fuente -1
*Received and Filed
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance",4,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Agency/Councilmember Reid made a motion seconded by Agency/Councilmember
Nadel confirming that there were no discussions pursuant to Section 15 of the Sunshine
Ordinance, and hearing no objections, the motion passed by Ayes:
Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, and Wan-7,
Excused 1 President of the Council De La Fuente
13
Reconsideration of Ordinances pursuant to Charter Section 216
No action was necessary on this item.
14. Consideration of items with statutory Public Hearing Requirements:
Subject: Planning Commission Appeal 4822 Telegraph Avenue Public
Hearing
14.1
From:
Community and Economic 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 approving the application for a Major Variance to reopen an
Alcoholic Beverage Sales Commercial Activity within 1,000 feet of a similar use
located at 4822 Telegraph Avenue, Council District 1; Appellant Larry
Bellinger; Planning Commission Vote: 3 Ayes, 2 Noes
Attachments:
03-0215.pdf,
Item 4.1 12-2-03
*Withdrawn with No New Date
ACTION ON NON-CONSENT ITEMS:
Subject: Jean Rubsamen Housing, Residential Rent and Relocation Board
15
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Jean Rubsamen as a
member of the Housing, Residential Rent and Relocation Board
Attachments:
78219 CMS. pdf,
Item 15.pdf 12-2-03
Resolution Number 78219 C.M.S.
The following individual spoke on this item and indicated a neutral position:
Martha de Wolf
The following individual spoke on this item and did not indicate a poslition:
- Sanjiv Handa
- Rick Judd
- Susan G. Schacher
- Eddie Ytuarte
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78219
Subject: Hillery Bolt Trippe Housing, Residential Rent and Relocation Board
16
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe as a
member of the Housing, Residential Rent and Relocation Board
Attachments:
78220 CMS.pdf
Item 16 12-2-03",5,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Resolution Number 78220 C.M.S.
The following individual spoke on this item and indicated a neutral position:
- Martha de Wolf
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
- Rick Judd
- Susan G. Schacher
- Eddie Ytuarte
The Council directed staff to forward to the Rules Committee a scheduling item for a
discussion of the Boards and Commissions appointment process relative to candidate
qualifications and criteria.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
1 -
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78220
Subject:
Interim Controls For Signs Within Specified Zones
17
From:
Community and Economic Development Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending Ordinance No. 12461 C.M.S. to extend by six months, the existing
interim controls on the issuance of building, zoning, and other permits for the
construction of new business, civic and residential signs within all commercial,
industrial, S-1, S-2, S-3, S-15, and S-16 zones
Attachments:
0292.pdf,
Item 10.12 CC.pdf,
Item 17 12-2-03
A motion was made by Councilmember Reid, seconded by Councilmember
Brooks, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on December 16, 2003. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Subject:
Wildcat Canyon Ranch Youth Program
18
From:
Office of Parks and Recreation
Recommendation: Adopt a Resolution modifying the license and master
concession agreement between the City and Wildcat Canyon Ranch Youth
Program to increase horse boarding fees and to extend the term through June
30, 2004 (TITLE CHANGE)
Attachments:
Item 16 pdf,
Item 18 12-2-03,
Item 6 10-28-03.pdt",6,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"The following individuals spoke on this item and did not indicate a position:
- Sal Gomez
- Barbara Sutherland
- Judy Bank
Leila Moncharch
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Chang, to withdraw and reschedule this Item to the December 16, 2003 City Council
agenda. The motion passed by Ayes: Agency/Councilmembers: Brunner, Chang, Quan,
and Wan -4; No: Brooks -1, Abstain: Nadel -1, Absent: Reid -1, Excused: President De
La Fuente -1
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject: Sale of a City Owned Surplus Property
19
From:
Community and Economic Development agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance
authorizing the City Manager to enter into a purchase and sales agreement for
the sale of a city owned surplus property (APN 045-5276-022-02) from the
negotiated sale conducted on October 24, 2003 to the highest bidder, the
Hothem Trust, in the amount of $170,000
Attachments:
0290.pdf,
Item 10.13 CC.pdf
Item 19 12-2-03
A motion was made by Councilmember Reid, 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 December 16, 2003. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
COUNCILMEMBER BROOKS WAS NOTED ABSENT AT 8:10 P.M.
Subject:
Fox Theater Restoration
From:
Community and Economic Development Agency
20
Recommendation: A Continued discussion to Adopt the following legislation:
1) Adopt an Agency Resolution authorizing the Agency Administrator to: (1)
amend the repayment agreement with the City of Oakland increasing City
appropriations by $367,500 for construction work on the Fox Theater and wrap
around buildings; and (2) enter into an exclusive negotiating agreement with the
Paramount Theatre of the Arts, Inc., to redevelop the Fox Theater and
wrap-around buildings, and
Attachments:
2003-82 CMS pdf,
Item 20 12-3-03
Agency Resolution Number 2003-82 C.M.S.
Contract Number 03-024
The following individual spoke in favor of this item:
- Ed Thomas
- Phil Tagami
The following individual spoke against this item:
-
Reverend Henry Williams
- Stevan Tompkins
The following individuals spoke in this item and did not indicate a position:
-
Sanjiv Handa
- Hugh Bassette
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:",7,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"ORAICouncilmember Absent:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6
Councilmember Quan, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-82
2) Adopt an Agency Resolution authorizing the Agency Administrator to
negotiate and execute a Professional Services Contract with California Capital
Group for an amount not to exceed $432,500 for professional services needed
for the pre-development of the Fox Theater and wrap around buildings, and
Attachments:
2003-83 CMS. pdf,
Item 20 12-2-03
Agency Resolution Number 2003-83 C.M.S.
Contract Number 03-025
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
Councilmember Brooks
ORAICouncilmember Absent:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6
Councilmember Quan, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-83
3) Adopt a Resolution authorizing the City Manager to: (1) amend the
repayment agreement with the Redevelopment Agency increasing City
appropriations by $367,500 for construction work on the Fox Theater and
wrap-around buildings; (2) waive advertising and bidding and negotiate and
award construction contracts, without return to Council, in accord with the
specifications prepared by the city, the state standard specifications for public
works construction (""Greenbook"" 2000 ED.), Oakland's technical specifications
and the contractor's bid(s) in an amount not to exceed $367,500 for removal of
mold and other hazardous materials from the Fox Theater and wrap-around
buildings; and (3) amend the operating agreement between the City and the
Paramount Theatre of the Arts, Inc., as necessary or appropriate to allow the
Paramount Theatre of the Arts, Inc., to execute an exclusive negotiating
agreement with the Redevelopment Agency for the development of the Fox
Theatre and wrap-around buildings (PURSUANT TO SECTION 902-E OF THE
CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)
Attachments:
78221 CMS.pdf,
Item 20 12-2-03
Resolution Number 78221 C.M.S.
Contract Number 03-1647
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:",8,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Councilmember Brooks
ORAICouncilmember Absent:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6-
Councilmember Quan, Councilmember Reid and Councilmember
Chang
Enactment No: 78221
COUNCILMEMBER BROOKS WAS NOTED PRESENT AT 8:20 P.M.
AT 8:27 P.M. PRESIDENT PRO TEMPORE BRUNNER RELINQUISHED THE CHAIR
AND VICE MAYOR NADEL PRESIDED AS CHAIRPERSON.
Subject: Wireless Telephonic Service Providers
From:
Finance and Management Agency
21
Recommendation: Adopt a Resolution submitting, on the Council's own motion,
to electors at the March 2, 2004 election, a proposed Ordinance amending
Section 4.28.030 of the Oakland Municipal Code so that wireless telephonic
service providers will be required to apply the City of Oakland's Utility User's
Tax (""UUT"") in accordance with the Sourcing Rules of Section 117 of the
Federal Mobile Telecommunications Sourcing Act of 2000, and directing the
City Clerk to fix the date for submission of arguments and to provide for notice
and publication in accordance with the March 2, 2004 election
Attachments:
78222 CMS.pdf,
Item 21 12-2-03,
Item 6 10-28-03.pdf
Resolution Number 78222 C.M.S.
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
Wan, to adopt the Resolution with the ballot question amended to read: ""Shall the
Oakland Municipal Code be amended to require wireless telephonic service providers to
change the methodology of computing the current City of Oakland's Utility User's Tax
(""UUT"") to be consistent with the Federal Mobile Telecommunications Sourcing Act of
2000?"" 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 as Amended. The motion carried by the following
vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78222
PRESIDENT PRO TEMPORE BRUNNER WAS NOTED PRESENT AT 8:40 P.M. AND
RESUMED PRESIDING AS CHAIRPERSON.",9,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Subject: Measure X Proposed Charter Amendments
From:
City Council Legislative Analyst
Recommendation: A Continued discussion to Adopt a Resolution submitting,
22
on the Council's own motion, proposed Charter Amendments, entitled,
""Measure Amending the Oakland City Charter to (1) retain the Mayor-Council
form of government, commonly called the ""Strong Mayor"", and elected City
Attorney; (2) change how salaries for Councilmembers, the City Attorney and
the City Auditor are set; (3) change how vacancies on Boards and
Commissions are filled; (4) require Mayor to hold public meetings; (5) change
Mayor's term limit to two consecutive terms; and (6) make other changes in the
Charter""; directing the City Clerk to fix the date for submission of arguments
and to provide for notice and publication in accordance with the law; and
consolidating the Election with the Statewide Presidential Primary
Attachments:
78225 CMS.pdf,
Item 22 12-2-03
Resolution Number 78225 C.M.S.
The following individual spoke and did not indicate a position:
-
Hector Reyna
- Hugh Bassette
Sanjiv Handa
- Gene Hazzard
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Chang to adopt the Resolution with the ballot question language amended to read:
""Shall the City Charter be amended to retain the Mayor Council (strong Mayor)
government and elected City Attorney and provide (1) that no person may be elected
Mayor for more than two consecutive terms: (2) Mayor must annually hold four public
meetings; (3) that Council make appointments to boards and commissions when
vacancies are unfilled; (4) limitations and voter-approval requirements for
Councilmember salary increases, and (5) formula setting City Attorney and Auditor
salaries?"", the motion failed by Ayes: Agency/Councilmember: Brunner, Chang, Nadel,
Quan, and Wan -4; Noes: Nadel, Brooks and Reid -3; Excused: President De La
Fuente-1
At 10:08 p.m., Agency/Councilmember Reid made a motion, seconded by
Agency/Councilmember Quan, to suspend the Council rules which do not provide for
reconsideration of an action at the same meeting regarding Item 22, Measure X a
Resolution placing proposed Charter amendments on the March 2004 ballots. Upon the
call of the roll, the motion passed Ayes: Agency/Councilmember: Brunner, Chang, Reid,
Quan, and Wan -5; Noes: Nadel, Brooks -2; Excused: President De La Fuente -1
Next, Agency/Councilmember Reid made a motion, seconded by
Agency/Councilmember Quan, to reconsider the Resolution on Item 22, Measure X,
Proposed Charter amendment and upon the call of the roll the motion passed by 5 Ayes
Agency/Councilmember: Brunner, Chang, Reid, Quan, and Wan; 2 Noes, Nadel,
Brooks, 1-Excused President De La Fuente.
Then, Agency/Councilmember Wan made a motion, seconded by
Agency/Councilmember Quan, to adopt the Resolution on Item 22 with the ballot
question to read: ""Shall the City Charter be amended to retain the Mayor Council
government and elected City Attorney and provide (1) that no person may be elected
Mayor for more than two consecutive terms: (2) Mayor must annually hold four public
meetings; (3) that Council make appointments to boards and commissions when
vacancies are unfilled; (4) limitations and voter-approval requirements for
Councilmember salary increases, and (5) formula setting City Attorney and Auditor
salaries?"" and upon call of the roll the call of the role the motion passed by Ayes:
Agency/Councilmember: Brunner, Chang, Reid, Quan, and Wan -5; Noes, Nadel,
Brooks -2, Excused: President De La Fuente -1
A motion was made by Councilmember Wan, seconded by Councilmember Quan,
that this matter be Adopted as Amended. The motion carried by the following
vote:
President of the Council De La Fuente
ORA)Councilmember Excused:",10,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Vice Mayor Nadel and Councilmember Brooks
ORAICouncilmember Nos:
2-
ORAICouncilmember Ayes:
5-
Councilmember Brunner, Councilmember Wan, Councilmember
Quan, Councilmember Reid and Councilmember Chang
The Council moved, seconded and carried a motion to extend the meeting time past
10:30 p.m.
Subject:
Library Services Retention and Enhancement Act Ballot Measure
From:
Councilmembers Quan and Brunner
Recommendation: A Continued discussion regarding the following legislation:
OPTION #1:
Adopt a Resolution submitting, on the Council's own motion, to the Electors at
the March 2, 2004 Election, a proposed ordinance extending the ""Library
Services Retention and Enhancement Act of 1994 and amending Section 2,
use of proceeds, in order to expand the services funded by the Act; amending
Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy;
amending Section 8, minimum Library appropriation prerequisite at Fiscal Year
23
2000-2001 level, in order to increase the minimum general fund appropriation
level; and amending Section 9, Term of Taxation, in order to extend collection
of the tax for an additional 15 years; directing the City Clerk to fix the date for
submission of arguments and to provide for notice and publication in
accordance with the law; and consolidating the Election with the Statewide
Presidential Primary (TITLE CHANGE)
OPTION #2
Adopt a Resolution submitting, on the Council's own motion, to the Electors at
the March 2, 2004 Election, a proposed ordinance extending the ""Library
Services Retention and Enhancement Act of 1994 and amending Section 2,
use of proceeds, in order to expand the services funded by the Act; amending
Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy;
amending Section 8, minimum Library appropriation prerequisite at Fiscal Year
2000-2001 level, in order to increase the minimum general fund appropriation
level; and amending Section 9, Term of Taxation, in order to extend collection
of the tax for an additional 15 years; directing the City Clerk to fix the date for
submission of arguments and to provide for notice and publication in
accordance with the law; and consolidating the Election with the Statewide
Presidential Primary (TITLE CHANGE)
OPTION #3
Adopt a Resolution submitting, on the Council's own motion, to the Electors at
the March 2, 2004 Election, a proposed ordinance extending the ""Library
Services Retention and Enhancement Act of 1994 and amending Section 2,
use of proceeds, in order to expand the services funded by the Act; amending
Section 4, Imposition of Parcel Tax, in order to increase the Parcel Tax Levy;
amending Section 8, minimum Library appropriation prerequisite at Fiscal Year
2000-2001 level, in order to increase the minimum general fund appropriation
level; and amending Section 9, Term of Taxation, in order to extend collection
of the tax for an additional 15 years; directing the City Clerk to fix the date for
submission of arguments and to provide for notice and publication in
accordance with the law; and consolidating the Election with the Statewide
Presidential Primary (TITLE CHANGE)
78223 CMS pdf,
Attachments:
Item 23 12-2-03,
Item 23.1 SUP 12-2-03.pdf,
Item 23.2 SUP 12-2-03.pdf,
Item 23.3 SUP 12-2-03.pdf",11,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Resolution Number 78223 C.M.S.
The following individuals spoke in favor of this item:
- Lottie Rose
- Victoria Kelly
-
Frank Brodsky
The following individuals spoke against this item:
- Hugh Bassette
The following individuals spoke on this item and did not indicate a position:
- Sanjiv Handa
Agency/Councilmember Quan made a motion, seconded by President Pro Tempore
Brunner to adopt Resolution as presented in Option #3, and hearing no objections, the
motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel,
Reid, Quan, and Wan -7, Excused: President of the Council De La Fuente -1
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Adopted. Resolution in Option #3. The motion carried
by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78223
AT 9:08 P.M. PRESIDENT PRO TEMPORE BRUNNER RELINQUISHED THE CHAIR
AND AGENCY/COUNCILMEMBER QUAN PRESIDED AS CHAIRPERSON.
PRESIDENT PRO TEMPORE BRUNNER WAS NOTED PRESENT AT 9:18 P.M. AND
RESUMED PRESIDING AS CHAIRPERSON
Subject:
Prevent Violent Crime Measure Ballot Measure
From:
Councilmember Nadel
24
Recommendation: Adopt a Resolution submitting, on the Council's own
motion, to the Electors at the March 2, 2004 Election, a proposed ordinance
creating a special tax to fund youth, family and violence prevention programs;
consolidating the Election with the Statewide Presidential Primary; and directing
the City Clerk to fix the date for submission of arguments and provide for notice
and publication in accordance with the March 2, 2004, Statewide Presidential
Primary
03-0306.pdf
Attachments:
78224 CMS.pdf,
Item 24 12-2-03.
Item 24 SUP 12-2-03.pdf",12,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"Resolution Number 78224 C.M.S.
The following individuals spoke in favor of this item:
- Darryl Stewart
- Valerie M. Street
- Don Link
The following individuals spoke against this item:
- Josephine J. Lee
- Amy Chen
The following individuals spoke on this item and did not indicate a position:
-
Brandan Paul Reems
- Frank Brodsky
- Dawn Phillips
Sanjiv Handa
Vice Mayor Nadel made a motion, seconded by Agency/Councilmember Reid, to adopt
the resolution on Item 24 as amended to include a ten year sunset clause and include
the following language: ""Of the monies received from this tax, forty percent (40%) will be
expended for social programs in accordance with objective 1 to 6 above; forty percent
(40%) will be expended for police enforcement in accordance with objective 7 to 10
above; and twenty percent (20%) will be expended for jobs and job training programs in
accordance with objective 11 to 12 above"", and hearing no objections, the motion
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid -5; No:
Wan -1; Abstain Quan -1; Excused: President of the Council De La Fuente -1
A motion was made by Vice Mayor Nadel, seconded by Councilmember Reid, that
this matter be Adopted as Amended. The motion carried by the following vote:
Councilmember Quan
ORAICouncilmember Abstained:
1 -
President of the Council De La Fuente
ORAICouncilmember Excused:
Councilmember Wan
ORAICouncilmember Nos:
ORAICouncilmember Ayes:
5-
Councilmember Brunner, Vice Mayor Nadel, Councilmember
Brooks, Councilmember Reid and Councilmember Chang
Enactment No: 78224
Continuation of Open Forum
The following individuals spoke on this item:
-
Deloris Allen
-
Sanjiv Handa
- Michael Johnson
- Edourdette Corey
- Jene Carter
- Luenell
- Roosevelt Mosley
- Linda Raymond
Jackie Reyas
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 Oakland
Redevelopment Agency/City Council adjourned the meeting at 10:43 p.m.",13,OaklandCityCouncil/2003-12-02.pdf
OaklandCityCouncil,2003-12-02,"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",14,OaklandCityCouncil/2003-12-02.pdf