body,date,text,page,path
OaklandCityCouncil,2003-12-16,"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, December 16, 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:
20 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, Councilmember Nadel,
ORA)Councilmember Present:
Vice Mayor Nadel, 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 under this item:
- Deloris Allen
- Daniel Josen
- Roosevelt Mosby
- Chyrilll Quamina
- Alicia Gilbert
Brandon Blackman
- Robert Williams
Tiffany Lacsado
- Bryan Philpot
Carlton Smith
Anthony Thomas
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item
from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting
as a non-consent item.
There were no modifications to the Consent Calendar.
5
Motion for Members' Requests for Reconsideration of an Action taken at the preceding
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-
consent item. (Motion Maker must have voted on prevailing side)
There was no action necessary on this item.
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee but
not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as
a non-consent item.
There was no action necessary for this item.",1,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on December 2, 2003
Item 24 will reflect the following amendments:
ORA/Councilmember Reid as the seconder; and
ORA/Councilmember Quan as Abstain
*Approve with the following amendments
8. Presentation of Ceremonial Matters
Subject:
Margaret Dixon
8.1
From:
Councilmember Reid
Recommendation: Presentation of a Proclamation honoring Officer Margaret
Dixon for her years of service in dedication to Oakland's Youth
Attachments:
03-0327.pd
Councilmember Reid made a presentation of a Proclamation honoring Officer Margaret
Dixon
Subject:
""BEAT HEALTH DAY""
8.2
From:
Councilmember Reid
Recommendation: Adopt a Resolution recognizing the Oakland Police
Department Beat Health Unit and declaring December 17, 2003 as ""BEAT
HEALTH DAY"" in the City of Oakland
Attachments:
03-0334.pdf,
78226 CMS.pdf,
Item 8.2.pdf
Resolution Number 78226 C.M.S.
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78226
Subject:
Oakland Youth Orchestra
8.3
From:
Councilmember Chang
Recommendation: Adopt a Resolution honoring the Oakland Youth Orchestra
on its 40th Anniversary
Attachments:
0358.pdf,
78227 CMS.pdf,
Item 8.3.pdf
Resolution Number 78227 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:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78227
Subject:
Plywood and Lumber Sales
8.4
From:
Vice Mayor Nadel
Recommendation: Adopt a Resolution recognizing Plywood and Lumber Sales
for their commitment to the principles of the ""Triple Bottom Line""
Attachments:
0360.pdf,
78228 CMS.pdf,
Item 8.4.pdf
Resolution Number 78228 C.M.S.
A motion was made by Councilmember Nadel, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:",2,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78228
Subject:
McClymonds Parent Academy
8.5
From:
Vice Mayor Nadel
Recommendation: Adopt a Resolution recognizing the Contributions of the 7th
St. McClymonds Leadership and Engagement Initiative Parent Academy to the
City of Oakland
Attachments:
0361.pdf,
78274 C.M.S..pdf,
8.1.pdf
*Withdrawn with No New Date
9. Council Acknowledgements / Announcements
Vice Mayor Nadel took a point of personal privilege and requested that the meeting be
adjourned in memory of David Sloan and Father Bill D'Donnell
Agency/Councilmember Reid took a point of personal privilege and requested that the
meeting be adjourned in memory of DeShawn Holloway.
Agency/Councilmember Brunner took a point of personal privilege and requested that
the meeting be adjourned in memory of Father Bill O'Donnell, and Maria Natividad
Vargus.
President De La Fuente took a point of personal privilege and requested that the
meeting be adjourned in memory of Father Bill D'Donnell.
Agency/Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of Damien Poe.
10. CONSENT CALENDAR (CC) ITEMS:
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:
78230 CMS.pdf,
Item 10.1 CC.pdf
Resolution Number 78230 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78230
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:
78231 CMS.pdf,
Item 10.2 CC.pdf
Resolution Number 78231 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:",3,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78231
Subject:
Dominick Baker 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 Dominick Baker, et al. V. City of
Oakland, et al., United States District Court Case No. C 01-3942 MMC, our file
no. 21379, in the amount of $22,500.00 as a result of excess force (Oakland
Police Department)
Attachments:
78232 CMS.pdf,
Item 10.3 CC.pdf
Resolution Number 78232 C.M.S.
The following individual spoke and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78232
Subject: John Davis 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 John Davis V. City Of Oakland,
et al., United States District Court Case No. C 01-0888 CRB, our file no. 20514,
in the amount of $110,000.00 as a result of excess force (Oakland Police
Department)
Attachments:
78233 CMS.pdf,
Item 10.4 CC.pdf
Resolution Number 78233 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78233
Subject:
Gilbert Edwards 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 Gilbert Edwards, et al. v. City Of
Oakland, et al., United States District Court Case No. C01-3858 CRB, our file
no. 21394, in the amount of $35,000.00 as a result of excess force (Oakland
Police Department)
Attachments:
78234 CMS.pdf,
Item 10.5 CC.pdf
Resolution Number 78234 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78234",4,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Subject:
Leslie Jean Hardy 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 claim of Leslie Jean Hardy, in the
amount of five thousand three hundred seventy three dollars and ninety-eight
cents ($5,373.98), as a result of property damage sustained due to flooding
caused by failure of the City storm drain (Public Works Agency)
Attachments:
78235 CMS.pdf,
Item 10.6CC.pdf
Resolution Number 78235 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78235
Subject: Bud Travers 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 claim of Bud Travers, in the amount of
twenty two thousand two hundred sixty dollars and no cents ($22,260.00), as a
result of property damage sustained due to flooding caused by failure of the
City sewer main (Public Works Agency)
Attachments:
78236 CMS.pdf,
Item 10.7 CC.pdf
Resolution Number 78236 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78236
Subject:
Genevieve Powell 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 claim of Genevieve Powell, in the
amount of six thousand five hundred forty five dollars and three cents ($6,545.
03), as a result of property damage sustained from tree roots from City trees (
Office of Parks and Recreation)
Attachments:
78237 CMS.pdf,
Item 10.8 CC.pdf
Resolution Number 78237 C.M.S.
The following individual spoke on this item and did not indicate a position:
Sanjiv Handa
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78237",5,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Subject:
Maria Ochoa Oakland Museum of California Foundation Board
10.9CC
From:
Mayor Brown
Recommendation: Adopt a Resolution appointing Maria Ochoa as a member of
the Oakland Museum of California Foundation Board
Attachments:
78238 CMS.pdf,
Item 10.9 CC.pdf
Resolution Number 78238 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78238
10.10
Subject: Robert Thombs Jack London Aquatic Center
CC
From:
President De La Fuente
Recommendation: Adopt a Resolution appointing Robert Thombs to the Board
of Directors of the Jack London Aquatic Center
Attachments:
03-0325.pdf,
78239 CMS.pdf,
Item 10.10 CC.pdf
Resolution Number 78239 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78239
Subject: Planning Commission Appeal 1144 12th Street
10.11
From:
Community and Economic Development Agency
CC
Recommendation: Adopt a Resolution denying, in part, the appeal and
affirming, in part, the Planning Commission approval of a Major Conditional
Use Permit and a Minor Variance (CMV03-207) for a clean and sober facility at
1144 12th Street, Oakland, such that there is a maximum of six (6) residents
0267 pdf,
Attachments:
78240 CMS.pdf,
Item 10.11 CC.pdf,
Item 14.3 11-18-03.pdf
Resolution Number 78240 C.M.S
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78240
Subject:
Interim Controls For Signs Within Specified Zones
10.12
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second 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",6,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"0292. pdf,
Attachments:
12563 CMS.pdf
Item 10.12 CC.pdf,
Item 17 12-2-03
Ordinance Number 12563 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12563
Subject:
Sale of a City Owned Surplus Property
10.13
From:
Community and Economic Development agency
CC
Recommendation: Approve the Final Passage (Second 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
0290.pdf,
Attachments:
12564 CMS.pdf,
Item 10.13 CC.pdf,
Item 19 12-2-03
Ordinance Number 12564 C.M.S
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12564
Subject: Installation of Mural along 40th Street / Highway 24 Overpass
10.14
From:
Councilmember Brunner
CC
Recommendation: Adopt a Resolution from the Oakland City Council
supporting the installation of a mural along 40th Street at the Highway 24
overpass and assuming responsibility for its maintenance and upkeep
Attachments:
10.14CC 12-16-03.pdf,
78241 CMS.pdf,
Item 3 12-9-03.pdf
Resolution Number 78241 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78241
Subject:
Coliseum Transit Hub Streetscape Improvement Project
10.15
From:
Community and Economic Development Agency
CC
Recommendation: Adopt a Resolution authorizing acceptance and
appropriation of an amount up to $303,188 in Transportation Funds for Clean
Air Regional Funds from the Bay Area Air Quality Management District for the
Coliseum Transit Hub Streetscape Project
10. 15CC 12-16-03.pdf,
Attachments:
78229 CMS.pdf.
AR2003-12a.pdf,
Item 5 12-9-03.pd",7,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Resolution Number 78229 C.M.S.
Contract Number 03-1648
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78229
Subject:
San Antonio Park Renovation
10.16
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution authorizing award of a construction
contract to Bay Construction Company for the San Antonio Park renovation (
Project No. C196510) in the amount of six hundred forty-two thousand dollars (
$642,000) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS
ITEM REQUIRES A 2/3 VOTE)
0284.pdf,
Attachments:
10. 16CC 12-16-03.pdf,
78242 CMS.pdf,
Item 6 12-9-03.pd
Resolution Nunber 78242 C.M.S.
Contract Number 03-1649
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78242
Subject: Underground Utility District No. 234: 48th Street
10.17
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution of Intention to establish Underground
Utility District No. 234: 48th Street, between Telegraph and Shattuck Avenues,
to be funded under California Public Utilities Commission (CPUC) Rule 20B;
and set a Public Hearing for January 20, 2004
03-0218.pdf,
Attachments:
1.17CC 12-16-03.pdf
78243 CMS.pdf,
Item 7 12-9-03.pdf
Resolution Number 78243 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78243
Subject:
Installation of Signs and Creation of a ""No Parking/Tow Away Zone
10.18
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution approving the Installation of Signs and
the creation of a ""No Parking/Tow Away Commercial Vehicles over 10,000
pounds or Unattached Trailers"" Zone on 81st Avenue between Plymouth
Avenue and Bancroft Avenue",8,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"03-0332. pdf,
Attachments:
10.18CC 12-16-03.pdf,
78244 CMS.pdf,
Item 8 12-9-03.pdt
Resolution Number 78244 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78244
Subject: Jack London On Street Parking Improvements
10.19
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution approving installation of: 1) diagonal
parking one side of the street for eleven identified blocks, and 2) one and two-
hour parking zones on eighteen identified block fronts, in the Jack London
District, upon majority support from adjacent properties
0201.pdf,
Attachments:
0.19CC 12-16-03.pdf,
78245 CMS.pdf,
Attachment A.pdf,
Item 9 12-9-03.pdf
Resolution Number 78245 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78245
Subject: Fleet Management System Software Agreement
10.20
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution authorizing a professional services
agreement with Maximus Asset Solutions for purchase, installation,
configuration, training, licensing and support of software for a Fleet
Management System for an amount not to exceed $500,000
03-0304.pdf,
Attachments:
10.20CC 12-16-03.pdf,
78246 CMS.pdf
Item 10 12-9-03.pdf
Resolution Number 78246 C.M.S.
Contract Number 03-1650
The following individual spoke against this item:
- John Grace
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78246
Subject:
Central District Urban Renewal Plan
10.21
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending the Central District Urban Renewal Plan to eliminate the time limit on
establishing debt",9,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Attachments:
10.12CC.pdf,
10.21CC 12-16-03.pdf,
Item 5 12-9-03.pdf
A motion was made by Councilmember Wan, 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 January 6, 2004. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Subject:
Master Fee Schedule
From:
Finance and Management Agency
Recommendation: Approve the following legislation:
10.22
CC
(1) Approve the Introduction (First Reading) of an Ordinance amending
Ordinance Number 9336 C.M.S. (Master Fee Schedule), as amended, to
increase the fee collected on delinquent accounts; to increase the fee imposed
for the delivery of information relating to Business Tax Certificates; to add a fee
for the administration of Promissory Notes; to add a fee for the recordation of a
release of lien; and to include in the Master Fee Schedule the fees imposed for
administrative service charges relating to Business Tax Liens and Real Estate
Transfer Tax Liens and codify the Business Tax Certificate Replacement Fee in
the Master Fee Schedule
10.13CC.pdf,
Attachments:
10.22CC 12-16-03.pdf,
Item 6 12-9-03.pdf
Sched 0169.pdf
The following individual spoke against this item:
- John Grace
A motion was made by Councilmember Wan, 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 January 6, 2004. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
(2) Approve the Introduction (First Reading) of an Ordinance amending
Chapters 4.20 and 5.04 of the Oakland Municipal Code to remove the amount
of the Administrative Service charges imposed for Real Estate Transfer Tax
Liens, Business Tax Liens and for the issuance of duplicate Business Tax
Certificates
Attachments:
10.13CC.pdf,
10.22CC.pdf 12-16-03,
Item 6 12-9-03.pdf
A motion was made by Councilmember Wan, 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 January 6, 2004. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Subject: 51st Street and Coronado Avenue Surplus Real Property
10.23
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Introduction (First Reading) of an Ordinance
authorizing the City Manager to enter into an offer to purchase agreement with
John H. Jacobsen and Mara M. Jacobsen the adjoining property owners for 1,
500 square feet of surplus real property located at 51st Street and Coronado
Avenue for the fair market value of $1,500",10,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"0209 pdf,
Attachments:
10.14CC.pdf,
10.23CC.pdf 12-16-03,
Item 7 12-9-03.pdf
A motion was made by Councilmember Wan, 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 January 6, 2004. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Subject:
Master Parking Management Contract
10.24
From:
Community and Economic Development Agency
CC
Recommendation: Approve Recommendation regarding a motion directing staff
to issue a Request for Proposals for Master Parking Management Contract for
City, Parking Authority and Redevelopment Agency owned garages
Attachments:
10.24CC.pdf 12-16-03,
Item 10 12-9-03.pdf
The following individual spoke against this item:
- John Grace
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Approved. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Subject:
City Center Garage
From:
Community and Economic Development Agency
10.25
Recommendation: Adopt the following legislation regarding the City Center
CC
Garage:
1) Adopt an Agency Resolution authorizing the Agency Administrator to enter
into a First Amendment to the Third Amended and Restated Easement
Agreement regarding the existing vehicular ramp servicing the City Center
Garage which would: (1) Permit modification of the existing ramp or
replacement of the existing ramp with a new ramp; and (2) allow the modified
or newly constructed ramp to continue to have an entry and exit on 11th Street
in downtown Oakland, and
Attachments:
10.25CC pdf 12-16-03,
2003-84 C.M.S..pdf
Item 5 12-9-03.pc
Agency Resolution 2003-84 C.M.S.
ORA Contract Number 03-026
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 2003-82
2) Adopt a Resolution authorizing the City Manager to enter into a First
Amendment to the Third Amended and Restated Easement Agreement
regarding the existing vehicular ramp servicing the City Center Garage which
would: (1) Permit modification of the existing ramp or replacement of the
existing ramp with a new ramp; and (2) allow the modified or newly constructed
ramp to continue to have an entry and exit on 11th Street in downtown Oakland
Attachments:
10.25CC.pdf 12-16-03,
78247 CMS.pdf,
Item 5 12-9-03.pd
Resolution Number 78247 C.M.S.
Contract Number 03-1651",11,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78247
Subject:
Summary Vacation of Sanitary Sewer Easement on Walker Avenue
10.26
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Introduction (First Reading) of an Ordinance
summarily vacating a five-foot wide sewer easement located on 711 Walker
Avenue (APN 011-0836-018-00) and 717 Walker Avenue (APN 011-0836-017-
00)
03-0339.pdf,
Attachments:
10.15CC.pdf,
10.26CC.pdf 12-16-03,
Item 6 12-9-03.pdf
A motion was made by Councilmember Wan, 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 January 6, 2004. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Subject: Native American Health Center
From:
Department of Human Services
10.27
Recommendation: Adopt a Resolution authorizing the City Manager to accept
CC
and appropriate a Substance Abuse and Mental Health Services Administration
(SAMHSA) grant in the amount of $5,999,538 over a six year period, Fiscal
Years 2003-2009, to provide child mental health services and to execute a
contract with the Native American Health Center to provide said services in an
amount of $932,885 for Fiscal Year 2003-2004 with five one-year options to
renew
0239.pdf 12-16-03,
Attachments:
10.27CC.pdf
78248 CMS.pdf,
Item 3 12-9-03.pd
Resolution Number 78248 C.M.S.
Contract Number 03-1652
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78248
Subject:
Joint-Use School and Public Library
10.28
From:
Oakland Public Library
CC
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf
of the City of Oakland, to enter into a lease agreement and joint use
cooperative agreement between the Oakland Public Library and the Oakland
Unified School District for the operation of a joint use school and public library
on the Woodland Elementary School Campus, located at 81st Avenue and
Rudsdale Street
03-0035c.pdf
Attachments:
10.28CC.pdf 12-16-03,
78249 CMS.pdf,
Item 5 12-9-03.pdf
Resolution Number 78249 C.M.S.
Contract Number 03-1653",12,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78249
Subject:
Alameda Eastlake Feasibility Study and Project
10.29
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution authorizing the City of Oakland to apply
for, accept and appropriate up to $552,000.00 in Fiscal Year 2003-2004
Measure B Bicycle and Pedestrian Discretionary Funds for (1) update of the
Oakland Bicycle Master Plan, including associated environmental
documentation; and (2) construction of the Eastlake Streetscape Project
Pedestrian elements from 8th to 10th Avenue
03-0217.pdf,
Attachments:
10.29CC. pdf 12-16-03,
78250 CMS.pdf,
Item 4 12-9-03.pdf,
Resched 0217.pdt
Resolution Number 78250 C.M.S.
Contract Number 03-1654
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78250
Subject: Radar Speed Trailers and Public Safety Brochures
10.30
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate $81,500 in Fiscal Year 2004-2005 funding from the Office of
Traffic Safety (OTS) for six Radar Speed Trailers and Public Safety Brochures
and to negotiate and execute a purchase agreement with Ver-Mac, Inc. not to
exceed $66,000 for the radar speed trailers
03-0333. pdf.
Attachments:
10.30CC. pdf 12-16-03,
78251 CMS.pdf,
Item 5 12-9-03.pd
Resolution Number 78251 C.M.S.
Contract Number 03-1655
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78251
Subject:
Police Administration Building Seismic Retrofit
10.31
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution authorizing Amendment No. 6 to the
Agreement with the KPA Group for additional architectural and engineering
services for the Police Administration Building Seismic Retrofit Phase Project
in an amount not to exceed $131,017 for a total contract amount not to exceed
$899,028
Attachments:
10.31CC.pd 12-16-03.
78252 CMS.pdf
Item 6 12-9-03.pd",13,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Resolution Number 78252 C.M.S.
Contract Number 03-1656
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78252
Subject:
Sobriety Checkpoint Program
10.32
From:
Oakland Police Department
CC
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 one
hundred seven thousand, five hundred and twenty-five dollars ($107,525) from
the State of California, Office of Traffic Safety, for a Sobriety Checkpoint
Program to be conducted by the Police Department
03-0320.pdf,
Attachments:
10.32CC.pdf 12-16-03.
78253 CMS.pdf,
Item 7 12-9-03.pdt
Resolution Number 78253
Contract Number 03-1657
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78253
Subject: Paul Coverdell Forensic Science Program
10.33
From:
Oakland Police Department
CC
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 thirty-nine thousand three hundred and fifty-four dollars ($239,354)
from the U.S. Department of Justice, National Institute of Justice, for the Paul
Coverdell National Forensic Science Improvement Act Program to be
conducted by the Police Department
03-0337.pdf,
Attachments:
10.33CC.pdf 12-16-03,
78254 CMS.pdf,
Item 9 12-9-03.pdf
Resolution Number 78254 C.M.S.
Contract Number 03-1650
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78254
Subject:
Oakland Area Violent Drug Task Force
From:
Oakland Police Department
10.34
Recommendation: Adopt a Resolution authorizing the acceptance and
CC
appropriation of Federal Funds from the United States Department of Justice,
Drug Enforcement Administration (DEA), in an amount not to exceed seventy
thousand five hundred seventy-eight dollars and seventy-five cents ($70,578.75
), for the overtime reimbursement costs of police personnel assigned to the
Oakland Area Violent Drug Task Force, for the period of April 1, 2003 through
September 30, 2004, to the Oakland Police Department",14,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"03-0317 pdf,
Attachments:
10.34CC pdf 12-16-03,
78255 CMS.pdf,
Item 10 12-9-03.pdf
Resolution Number 78255 C.M.S.
Contract Number 03-1659
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78255
Subject:
Pathways to Change
10.35
From:
Oakland Police Department
CC
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into a funding agreement between the City of Oakland and the East Bay
Community Foundation (Safe Passages) in an amount not to exceed two
hundred thousand dollars ($200,000) for the period of July 1, 2003 through
June 30, 2004 for services associated with the ""Pathways to Change"" Juvenile
Repeat Offender Program
0238.pdf,
Attachments:
10.35CC 12-16-03.pdf,
78256 CMS.pdf,
Item 11 12-9-03.pdf
Resolution Number 78256 C.M.S
Contract Number 03-1660
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78256
Subject: After-Hour and Emergency Veterinary Medical Services
10.36
From:
Oakland Police Department
CC
Recommendation: Adopt a Resolution authorizing a professional services
agreement between the City of Oakland and VCA Bay Area Animal Hospital in
an amount not to exceed sixty-one thousand six hundred forty dollars ($61,640)
for the period of July 1, 2003 through June 30, 2005, to provide after-hour and
emergency veterinary medical services
03-0338.pdf
Attachments:
10.36CC 12-06-03.pdf
78257 CMS.pdf,
Item 12 12-9-03.pd
Resolution Number 78257 C.M.S.
Contract Number 03-1661
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78257",15,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Subject:
McGuire Research Services, LLC
10.37
From:
Oakland Police Department
CC
Recommendation: Adopt a Resolution authorizing a professional services
agreement between the City of Oakland and McGuire Research Services, LLC,
in an amount not to exceed $50,000 to conduct a City-wide survey to determine
the nature of citizen interaction with police, for the purpose of gathering
statistics on citizens' experiences
Attachments:
0279.pdf,
10.37CC 12-16-03.pdf
Item 13 12-9-03.pd
*Withdrawn with No New Date
Subject:
National Medical Services
10.38
From:
Oakland Police Department
CC
Recommendation: Adopt a Resolution authorizing a professional services
agreement between the City of Oakland and National Medical Services, in an
amount not to exceed one hundred fifty-four thousand seven hundred dollars ($
154,700), for Blood and Urine Testing for the Period of July 1, 2003 through
June 30, 2005
03-0318.pdt
Attachments:
10.38CC 12-16-03.pdf,
78258 CMS.pdf,
Item 14 12-9-03.pdf
Resolution Number 78258 C.M.S.
Contract Number 03-1662
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78258
Subject: High Rise Firefighting Equipment And Training
10.39
From:
Oakland Fire Department
CC
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate a grant for sixty four thousand five hundred and fifty four
dollars ($64,554) from the Federal Emergency Management Agency (FEMA),
United States Fire Administration (USFA), to the Oakland Fire Department, for
high rise firefighting equipment and training
0270.pdf,
Attachments:
10.39CC 12-16-03.pdf,
78259 CMS.pdf,
Item 15 12-9-03.pd
Resolution Number 78259 C.M.S
Contract Number 03-1663
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78259
Subject:
CORE Program Funding
From:
Oakland Fire Department
10.40
Recommendation: Adopt a Resolution to accept and appropriate seven
CC
thousand five hundred ten dollars and nine cents ($7,510.09) for the period
December 4, 2002 to December 5, 2003 from the Federal Emergency
Management Agency (FEMA) and the State of California Go SERV Grant for
Community Emergency Response Team (CERT) Enhancement, awarded and
administered by Alameda County Sheriffs Department Operational Area to the
Oakland Fire Department Office of Emergency Services (OES) for the City of
Oakland's Citizens of Oakland Respond to Emergencies (CORE) Program",16,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"03-0336. pdf,
Attachments:
10.40CC 12-16-03.pdf,
78260 CMS.pdf,
Item 16 12-9-03.pd
Resolution Number 78260 C.M.S.
Contract Number 03-1664
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9-
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78260
Subject: Alameda County Operational Area Oil Spill Response Plan
From:
Oakland Fire Department
10.41
Recommendation: Adopt a Resolution to accept and appropriate eighteen
CC
thousand five hundred dollars ($18,500), for Fiscal Year December 4, 2002 to
December 5, 2003 Federal Emergency Management Agency (FEMA)
Supplemental Emergency Operations Planning Grant awarded and
administered by Alameda County Sheriffs Department, Operational Area to the
Oakland Fire Department Office of Emergency Services (OES) for development
of a terrorism annex, and review and update of the Alameda County
Operational Area Oil Spill Response Plan
Attachments:
10.41CC 12-16-03.pdf
78261 CMS.pdf,
Item 17 12-9-03.pd
Resolution Number 78261 C.M.S
Contract Number 03-1665
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78261
Subject:
Bricker-Mincolla Uniforms
From:
Oakland Fire Department
10.42
Recommendation: Adopt a Resolution authorizing the City Manager to waive
CC
formal advertising and competitive bidding and enter into a contract with Bricker
-Mincolla Uniforms for provision of firefighter trousers and coats in an amount
not to exceed one hundred and thirty thousand dollars ($130,000) for the period
March 1, 2004 through March 1, 2007 and authorizing the City Manager to
extend said contract for two additional years, one year at a time, until March 1,
2009, for an additional annual expenditure not to exceed forty three thousand
three hundred thirty three dollars ($43,333)
03-0335.pdf,
Attachments:
10.42CC 12-16-03.pdf,
78262 CMS.pdf,
Item 18 12-9-03.pdf
Resolution Number 78262 C.M.S
Contract Number 03-1666
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78262",17,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Chang to adopt the Consent Agenda, 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
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 4 final decisions made during Closed Session:
Item 2i: Christopher Ellis v. City of Oakland
Council authorized settlement in the amount of $30,000 in a case arising out of an
incident on December 5, 2000 wherein the plaintiff alleged that officers used excessive
force.
The motion was made by Councilmember Reid, seconded by Councilmember Brunner.
The motion passed with 7 Ayes, 1 No De La Fuente
Item 2k: Alphonso Baker v. City of Oakland
Council authorized settlement in the amount of $15,000 in a case arising out of an
incident on November 29, 2000 wherein this case involves claims of violations of civil
rights against an Oakland Police Officer.
The motion was made by Councilmember Reid, seconded by Councilmember Brooks.
The motion passed with 6 Ayes, 2 Noes, De La Fuente, Quan
Item 2f: Donna Warnock v. City of Oakland
Council authorized settlement in the amount of $30,000 in a case arising out of an
incident on August 25, 2002 as a result of a trip and fall accident in front of 80 Bellevue
Avenue, Oakland.
The motion was made by Councilmember Wan, seconded by Councilmember Reid.
The motion passed with 6 Ayes, 2-Absent Nadel, De La Fuente
Item 2e: Maureen Dorsey, V. City of Oakland (Leona Quarry)
Council authorized the settlement of a case challenging the Council's December 2002
approval of Leona Quarry project and associated environmental impact report. As part
of this settlement the City has agreed to consider in good faith certain modifications to
the project.
1 The applicant proposed to contribute $500,000 to the City in leiu of project senior
affordable housing component;
2 Improve area drainage to include detention basin with 25 acre feet versus 20 area
acre feet;
3 Include emergency vehicle design changes;
4 Implement additional geotechnical redesign recommendations;
5 Additional traffic related improvements.
The motion was made by Councilmember Brooks, seconded by Councilmember Reid.
The motion passed with 8 Ayes.
Agency/Councilmember Wan 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, President of the Council De La Fuente -8
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, to *Received and Filed. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang",18,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance
Agency/Councilmember Wan made a motion seconded by Agency/Councilmember
Chang 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, Wan and President of
the Council De La Fuente -8
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, to Accepted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
Subject:
Delinquent Real Property Transfer Taxes Public Hearing
14.1
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding the assessment of liens
for Delinquent Real Property Transfer Taxes and upon conclusion adopt one of
the following Resolutions:
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:30
p.m.
NO PUBLIC SPEAKERS SIGNED UP TO SPEAK ON THIS ITEM.
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Chang, to close the Public Hearing, and hearing no objections, the motion passed by
Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -7; Absent Brooks-1
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for delinquent real
property transfer taxes, and confirming the recordation of liens, administrative
charges, and assessment charges, as necessary, pursuant to Chapter 4.20 of
the Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection; or
Attachments:
78263 CMS.pdf,
Item 14.1.pdf
Resolution Number 78263 C.M.S.
A motion was made by Councilmember Nadel, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
Councilmember Brooks
ORAICouncilmember Absent:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Reid and Councilmember
Chang
2) Adopt a Resolution overruling protests and objections, and accepting and
confirming reports of the Interim City Manager on the costs incurred by the City
of Oakland for delinquent real property transfer taxes, and authorizing the
recordation of liens, administrative charges as necessary pursuant to Chapter
4.20 of the Oakland Municipal Code, and directing the notice of lien and
assessment charges to be turned over to the County Tax Collector for
collection
Not Adopted",19,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"3) Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the delinquent real property transfer taxes and confirming the
recordation of liens, admininstrative charges, and assessment charges as
necessary pursuant to Chapter 4.20 of the Oakland Municipal Code, and
directing the notice of lien and assessment charges to be turned over to the
Alameda County Tax Collector for collection
Attachments:
Item 14.1.pdf
Not Adopted
Subject: Delinquent Mandatory Garbage Fees Public Hearing
14.2
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding Delinquent Mandatory
Garbage Fees for July September 2003, quarterly accounts and April June
2003 monthly accounts and upon conclusion adopt one of the following
Resolutions:
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:33
p.m.
The following individual spoke against this item:
- John Grace
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Reid, to close the Public Hearing, and hearing no objections, the motion passed by Ayes
: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for delinquent garbage
service fees, and confirming the recordation of liens, administrative charges,
and assessment charges, as necessary, pursuant to Chapter 8.28 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection; or
Attachments:
78264 CMS.pdf,
Item 14.2.pdf
Resolution Number 78264 C.M.S.
A motion was made by Councilmember Chang, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
2) Adopt a Resolution overruling protests and objections, and accepting and
confirming reports of the Interim City Manager on the costs incurred by the City
of Oakland for delinquent garbage service fees, and authorizing the recordation
of liens, administrative charges, as necessary, pursuant to Chapter 8.28 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection
Not Adopted
3)
Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the delinquent garbage service fees, and confirming the
recordation of liens, administrative charges, and assessment charges, as
necessary, pursuant to Chapter 8.28 of the Oakland Municipal Code, and
directing the notice of lien and assessment charges to be turned over to the
Alameda County Tax Collector for collection
Attachments:
Item 14.2.pdf
Not Adopted
Subject:
Delinquent Transient Occupancy Taxes Public Hearing
14.3
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding the assessment of liens
for Delinquent Transient Occupancy Taxes and upon conclusion adopt one of
the following Resolutions:",20,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:35
p.m.
NO PUBLIC SPEAKERS SIGNED UP TO SPEAK ON THIS ITEM.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Chang, to close the Public Hearing, 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
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for Delinquent Transient
Occupancy Taxes and confirming the recordation of liens, administrative
charges, and assessment charges as necessary pursuant to Title 4, Chapter
4.24 of the Oakland Municipal Code, and directing the notice of lien and
assessment charges to be turned over to the County for collection; or
Attachments:
78265 CMS.pdf
Item 14.3.pdf
Resolution Number 78265 C.M.S.
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
2) Adopt a Resolution overruling protests and accepting and confirming
reports of the Interim City Manager on the Delinquent Transient Occupancy
Taxes and confirming the recordation of liens, administrative charges and
assessment charges as necessary pursuant to Title 4, Chapter 4.24 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection
Not Adopted
3) Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the Delinquent Transient Occupancy Taxes and confirming the
recordation of liens, administrative charges and assessment charges as
necessary pursuant to Title 4, Chapter 4.24 of the Oakland Municipal Code
Attachments:
Item 14.3.pdf
Not Adopted
Subject: Check Cashing Facilities Public Hearing
From:
President De La Fuente
14.4
Recommendation: Conduct a Public Hearing and upon conclusion adopt an
Emergency Ordinance pursuant to Charter Section 213, establishing Interim
Controls for check cashiers and/or check cashing businesses within all zoning
districts where consultative and financial services are either allowed by right or
conditionally permitted (which includes Commercial Zones C-5, C-10, C-20, C-
25, C-27, C-30, C-31, C-40, C-45, C-51, C-55, and C-60, all Industrial Zones,
Special Zones S-1, S-2, S-3, S-16, and S-19), and suspending conflicting
provisions, to take effect immediately upon introduction and adoption
Attachments:
12565 CMS.pdf,
Item 14.4.pdf",21,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Ordinance Number 12565 C.M.S.
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 7:36
p.m.
NO PUBLIC SPEAKERS SIGNED UP TO SPEAK ON THIS ITEM.
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Chang, to close the Public Hearing, and hearing no objections, the motion passed by
Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -7; Abstain: Brooks-1
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS
ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING
6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED.
A motion was made by Councilmember Quan, seconded by Councilmember
Nadel, that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Brooks
ORAICouncilmember Abstained:
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Reid and Councilmember
Chang
Subject:
Community Development Block Grant Programs Public Hearing
From:
Community and Economic Development Agency
14.5
Recommendation: Conduct a Public Hearing and upon conclusion adopt a
Resolution allocating an estimated award of $10,106,000 of Community
Development Block Grant Funds for Fiscal Year 2004-2005 between the
categories of Housing, Economic Development, Neighborhood Programs and
Administration; allocating an estimated $1,800,000 in program income to
Housing and Economic Development Activities (TITLE CHANGE)
14.5 suppl.pdf,
Attachments:
78266 CMS.pdf,
Item 14.512-16-03.pdf,
Item 7 12-9-03.pdf,
Scheduling.pdf",22,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Resolution Number 78266 C.M.S.
Upon the reading of Item 14.5 by the City Clerk, the Public Hearing was opened at 7:41
p.m.
NO PUBLIC SPEAKERS SIGNED UP TO SPEAK ON THIS ITEM.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Brunner, to close the Public Hearing, 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
Vice Mayor Nadel made a motion, seconded by Agency/Councilmember Reid, to adopt
the Resolution as amended to exclude setting aside $300,000, with staff to return with
recommendations on how to spend the $300,000 towards violence prevention and
keeping with other categories of housing, and economic development as the Committee
defined.
Agency/Councilmember Brunner made a substitute motion, seconded by Agency/
Councilmember Chang, to adopt the Resolution to include recommendations from the
Committee along with the inclusion of the following five additional programs added to
this year's evaluation:
CEDA's Neighborhood Commercial Revitalization Program
CEDA's HMIP Rehabilitation Loan Program
CEDA's Vacant Housing Program
CEDA's Lead Hazard Control Paint Program
CEDA's Business Development Program
Upon the call of the roll, the substitute motion failed by Ayes: Brunner, Chang, Wan, and
President De La Fuente-4, Noes: Brooks, Nadel, and Reid -3, Abstain: Quan -1
SUBSTITUTE MOTION FAILED DUE TO LACK OF AYES.
Due to the failure of the substitute motion, the Council returned to the main motion, to
adopt the Resolution as amended to exclude setting aside $300,000, with staff to return
with recommendations on how to spend the $300,000 towards violence prevention and
keeping with other categories of housing, and economic development as the Committee
defined. Upon the call of the roll, the main motion failed by Ayes: Brooks, Nadel and
Reid-3; Noes: Brunner, Chang, Wan and De La Fuente-4; Abstain: Quan-1
MAIN MOTION TO ADOPT THE RESOLUTION AS AMENDED FAILED DUE TO A
LACK OF AYES.
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Wan, to have the 24 programs evaluated in the next year with CDBG funds to be used
towards violence prevention, including parolee programs. Upon call of the roll, the
Resolution was adopted as amended by Ayes: Agency/Councilmember: Brunner,
Chang, Quan, Wan and President of the Council De La Fuente -5; Noes: Brooks, Nadel-
2, Abstain: Reid-1
A motion was made by Councilmember Reid, seconded by Councilmember
Brunner, that this matter be Adopted as Amended. The motion carried by the
following vote:
Councilmember Reid
ORAICouncilmember Abstained:
ORA)Councilmember Nos:
3
Councilmember Nadel, Vice Mayor Nadel and Councilmember
Brooks
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
5-
Quan, President of the Council De La Fuente and Councilmember
Chang
ACTION ON NON-CONSENT ITEMS:",23,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Subject:
Lakeshore/Lake Park Business Improvement Management District
15
From:
Community and Economic Development Agency
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
0212.pdf,
Attachments:
10.25CC 11-4-03.pdf,
78267 CMS.pdf,
Item 15.pdf
Resolution Number 78267 C.M.S
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78267
Subject: Off-Site Real Time Closed Captioning Stenography Services
From:
Office of the City Clerk
15.1
Recommendation: Adopt a Resolution authorizing the City Manager to execute
a professional services contract with Rapidtext for off-site real time closed
captioning stenography services for the Concurrent Redevelopment Agency/
Oakland City Council and Committee meetings in an amount not to exceed
ninety thousand dollars ($90,000) per year for the period from January 1, 2004
through June 30, 2005 and authorizing the City Manager to execute a two year
extension of the contract for an additional amount not to exceed ninety
thousand dollars ($90,000) per year
15.1 12-16-03.pdf
Attachments:
78268 CMS.pdf,
Item 3 10-14-03.pdf,
Item 3 12-9-03.pdf,
Item 3 SUP12-9-03.pdf
Resolution Number 78268 C.M.S
The following individual spoke against this item:
Jane James
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Nadel, seconded by Councilmember
Brooks, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
9
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78268
Councilmember Reid was noted as excused at 8:45 p.m.
Subject:
Wildcat Canyon Ranch Youth Program
16
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)
78269 CMS pdf.
Attachments:
Item 16.pdf,
Item 18 12-2-03,
Item 6 10-28-03.pd",24,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Resolution Number 78269 C.M.S.
The following individuals spoke in favor of this item:
- Sal Gomez
- Anne Bell
- Henry M. Linzir
- Carol A Balfe
- Alen Ruznic
- Jas Leverette
- Katheryn Leverette
- Marilyn Mare Stephney
- Brittany Marie Kuljis
- Kevn Anthony Willis, Jr.
- Maliaka Fisher
- Kyla Marte Sinegal
David Laub
- Harvey Smith
- Jay Leohardy
- Gonzalez Nestor
-
Gistard Williams
- Miri L. Malmquist
- Karen ljichi Perkins
- Sandra E. Backer
- Lonnie Gordon
-
Rachel B. Townsend
The following individual spoke against this item:
-
Ondrietta Johnson
The following individuals spoke on this item and did not indicate a position:
Donald R. Binggelli
-
-
Susan Burnett
-
Merrilee Mitchell
Leila Moncharsh
Richard J. Elliott
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Quan, to approve the Committee recommendations to extend the contract to June 30,
2004, increase boarding fees and additionally look at converting $10,000 in
maintenance funds to stable operations use, instruct staff to move forward with capital
improvements to facilities, and look at evaluating the program after the extension period.
Agency/Councilmember Brooks made a substitute motion, seconded by Vice Mayor
Nadel to amend the Resolution to include a 6 month extension and submittal of a
business plan and program evaluation. Upon call of the roll the substitute motion failed
by Ayes: Brooks, Nadel -2; Noes: Brunner, Chang, Quan, Wan, De La Fuente-5;
Excused: Reid-1
SUBSTITUTE MOTION FAILED DUE TO LACK OF AYES
Due to the failure of the substitute motion, the Agency/Council returned to the main
motion to approve the Committee recommendations to extend the contract to June 30,
2004, increase boarding fees and additionally look at converting $10,000 in
maintenance fund to stable operations use, instruct staff to move forward with capital
improvements to facilities, and look at evaluating the program after the extension period.
Upon call of the roll, the Main motion passed by Ayes: Agency/Councilmember:
Brunner, Chang, Quan, Wan and President of the Council De La Fuente -5; Noes:
Brooks, Nadel-2; Excused: Reid-1
A motion was made by Councilmember Chang, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORA)Councilmember Excused:
ORAICouncilmember Nos:
3 -
Councilmember Nadel, Vice Mayor Nadel and Councilmember
Brooks",25,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
5-
Quan, President of the Council De La Fuente and Councilmember
Chang
Agency/Councilmember Brooks was noted absent at 10:13 p.m.
Subject: Interim Controls for Signs
17
From:
Office of the City Attorney
Recommendation: Adopt an Emergency Ordinance, pursuant to Charter
Section 213, establishing interim controls for conditional use permits and
variance and related findings for signs and suspending conflicting provisions, to
take effect immediately upon Introduction and Adoption
Attachments:
03-0316.pdf,
12566 CMS.pdf,
Item 17.pdf
Ordinance Number 12566 C.M.S.
The following individual spoke on this item and did not indicate a postion:
- Sanjiv Handa
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS
ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING
6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED.
A motion was made by Councilmember Brunner, seconded by Councilmember
Wan, that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Reid
ORAICouncilmember Excused:
Councilmember Brooks
ORAICouncilmember Absent:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente and Councilmember Chang
Agency/Councilmember Brooks was noted present at 10:18 p.m.
Subject: Temporary Youth Homeless Shelter 925 Brockhurst St.
18
From:
Vice Mayor Nadel
Recommendation: Adopt an Emergency Ordinance pursuant to Charter Section
213, declaring a shelter crisis and suspending planning, zoning and other
permit requirements for the temporary establishment of a youth shelter for the
homeless at 925 Brockhurst Street to take effect immediately upon introduction
and adoption
Attachments:
03-0324.pdf,
12567 CMS.pdf,
Item 18.pdf
Ordinance Number 12567 C.M.S
The following individuals spoke in favor of this item:
- Tan Rean Davis
- Ebony Attas
Brieze Johnson
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS
ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING
6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED.
A motion was made by Councilmember Nadel, seconded by Councilmember
Brooks, that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Reid
ORAICouncilmember Excused:",26,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks and Councilmember
Chang
AT 10:26 P.M. PRESIDENT OF THE CITY COUNCIL, DE LA FUENTE,
RELINQUISHED THE CHAIR AND AGENCY/COUNCILMEMBER BRUNNER
PRESIDED AS PRESIDENT PRO TEMPORE.
The Council moved, seconded and carried a motion to extend the meeting time past 10:
30 p.m.
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:
10.16CC.pdf
19 11-4-03.pdf,
Item 19 12-16-03.pdf.
Item 7 10-14-03.pdf
The following individuals spoke in favor of this item:
- Jeff Vessels
- Crystal H. Weston
- Rebecca Ann Campbell
- Patricia Kevena Fili
- Vicky Kolakowski
- Jamison Green
- Johnathan Winters
- - Kathryn Bader
- Chris Daley
- Crystal Weston
- - Clyde W. Poole
-
Charles Bradford
Jill Y. King
- Hazel Wesson
A motion was made by Councilmember Wan, seconded by Councilmember Nadel,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
January 6, 2004. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
President of the Council De La Fuente
ORAICouncilmember Absent:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7
Nadel, Vice Mayor Nadel, Councilmember Quan, Councilmember
Brooks and Councilmember Chang
PRESIDENT OF THE COUNCIL DE LA FUENTE WAS NOTED PRESENT AT 10:32 P.
M. AND RESUMED PRESIDING AS CHAIRPERSON
Subject: Removal / Installation of Parking Meters
20
From:
Public Works Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance
approving the removal and installation of parking meters in the Jack London
District on portions of: Clay Street, Webster Street, Washington Street, Martin
Luther King, Jr. Way, Third Street, and Fourth Street
Attachments:
0362.pdf,
10.17CC.pdf,
Item 20 12-16-03.pdf
The following individual spoke against this item:
- John Grace",27,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"A motion was made by Councilmember Nadel, seconded by Councilmember
Quan, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on January 6, 2004. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks and Councilmember
Chang
Subject:
Oakland School for Arts
21
From:
Financial Services Agency
Recommendation: Adopt a Resolution approving the issuance and sale of
Certificates of Participation to finance a qualified Zone Academy Program and
approving related documents and actions for the Oakland School of the Arts.
Attachments:
78270 CMS.pdf,
Item 21 12-16-03.pdf
Resolution Number 78270 C.M.S.
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
Agency/Councilmember Wan made a motion, seconded by Vice Mayor Nadel, to adopt
the Resolution on Item 21 and place on record the following statement from the City
Attorney's office: ""The City has no financial obligations or responsibilities with respect to
the COPs. All payment obligations with respect to the COPs are the sole responsibility
of the School for the Arts. The City's only obligation is to provide notice to the purchaser
of the COPs if there is non payment by the School for the Arts and, in reality, that
obligation will fall upon the bank that receives payment from the School for the Arts
because it will now before the City does and will notify the purchaser."" and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner,
Chang, Nadel, Quan, Wan and President of the Council De La Fuente -7 Absent: Reid-1
A motion was made by Councilmember Wan, seconded by Councilmember Nadel,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks and Councilmember
Chang
Subject:
Planning Commission Appeal 160 14th Street
From:
Community and Economic Development Agency
22
Recommendation: Adopt a Resolution denying the appeal of the Planning
Commission approval application for Affordable Housing Associates to build an
eight story building to contain ground floor commercial space, a ""Service
Enriched"" housing facility, and 76 affordable housing units located at 160 14th
Street, Council District 3; Appellant: Islamic Cultural Center; Planning
Commission Vote: 7 Ayes, 0 Noes
78271 CMS.pdf,
Attachments:
Item 14.4 Attach A.pdf,
Item 14.4. 11-18-03.pdt
Item 22.pdf,
S-22. pdf",28,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"Resolution Number 78271 C.M.S.
The following individuals spoke in favor of this item:
- Anna Naruta
- Nahid Farazian
-
Cynthia L. Shartzer
- Alan Templeton
- Orna Sasson
- Anne Wellington
- Kazem K. Jabbari
Monir Memarpuri
A motion was made by Councilmember Nadel, seconded by Councilmember
Brooks, that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks and Councilmember
Chang
Subject: Ronald H. Cowan Parkway and Oakland Foreign Trade Zone
23
From:
Councilmember Reid
Recommendation: Adopt a Resolution authorizing the City of Oakland to obtain
signs for Ronald H. Cowan Parkway and Oakland Foreign Trade Zone, to be
installed along the Interstate 880 freeway
Attachments:
03-0328.pdt
Item 4 12-9-03.pdf,
S-23.pdf
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject: Salary Plan Recommendations
24
From:
Office of the City Manager
Recommendation: A continued discussion of a report and recommendations
regarding the preliminary salary plan recommendations for executive,
management and unrepresented classifications
Item 4 12-9-03.pdf,
Item 5 10-14-03.pdf,
Attachments:
Item 5 SUP 10-14-03.pdf
Item 7 -01.13.04.pdf,
Item 8 10-28-03.pdf,
S- 20.pdf,
S-24 Supplemental.pdf
S-24.pdf
The following individuals spoke on this item and did not indicate a position:
- John Grace
- Sanjiv Handa
Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember
Nadel, to refer Item S-24 to the Finance and Management Committee; to approve the
implementation of a 3% general increase to U31 and UK1 classifications; approve a 3%
employee retirement contribution in Fiscal Year 2004-2005; and approve future general
and merit increases for U31 comparable to increases for Local 21, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner,
Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -7 Excused
Reid-1
A motion was made by Councilmember Brunner, seconded by Councilmember
Nadel, that this matter be Continued to the *Finance & Management Committee.
The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:",29,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
8 -
Nadel, Vice Mayor Nadel, Councilmember Quan, President of the
Council De La Fuente, Councilmember Brooks and Councilmember
Chang
Agency/Councilmember Brunner noted as excused at 11:40 p.m.
Subject: Oakland Small Business Growth Center
From:
Community and Economic Development Agency
25
Recommendation: Adopt a Resolution amending Resolution Number 77823 C.
M.S. to increase the amount of the contract with the Oakland Small Business
Growth Center by $60,000 from the Neighborhood Commercial Revitalization
Project Development Third Party Grant Fund for a total contract amount of $
175,000 during Fiscal Year 2003-2004 to cover operational costs through the
remainder of the 2003-2004 Fiscal Year
03-0305. pdf,
Attachments:
78272 CMS.pdf,
Item 8 12-9-03.pdf,
S-25.pdf
Resolution Number 78272 C.M.S.
Contract Number 03-1670
The following individual spoke in favor of this item:
- Napoleon Britt
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Brooks, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner and Councilmember Reid
ORAICouncilmember Excused:
2-
President of the Council De La Fuente
ORAICouncilmember Nos:
ORAICouncilmember Ayes:
Councilmember Wan, Councilmember Nadel, Vice Mayor Nadel,
6
Councilmember Quan, Councilmember Brooks and Councilmember
Chang
Subject:
Oakland Army Base Temporary Winter Shelter
From:
Department of Human Services
26
Recommendation: Adopt a Resolution authorizing the reprogramming of $64,
286 of available balances from Fiscal Year 2002-2003 Emergency Housing,
Community Promotions Program for Service Organizations, and Winter Relief
Program Funds to (1) the Alameda County-Wide Continuum of Care Council ($
18,000); (2) the City Of Oakland Continuum of Care ($27,286), and (3)
Operation Dignity ($19,000) for the 2003-2004 Oakland Army Base Temporary
Winter Shelter
0275.pdf,
Attachments:
78273 C.M.S..pdf.
Item 4 12-9-03.pdf
S-26.pdf
Resolution Number 78273 C.M.S.
Contract Number 03-1671
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Chang, to adopt the Resolution on Item 26.
Agency/Councilmember Quan made a substitute motion, seconded by Agency/
Councilmember Brooks, to adopt the Resolution with the exception of the Alameda
County-Wide Continuum of Care Council for $18,000 and to continue the discussion on
the Alameda County-Wide Continuum of Care Council to the January 6, 2004 Council
meeting. The motion passed by Ayes: Agency/Councilmember: Brooks, Chang, Nadel,
Quan, Wan and President of the Council De La Fuente -6, Excused, Brunner, Reid -2
MAIN MOTION FAILED DUE TO ADOPTION OF THE SUBSTITUTE MOTION.",30,OaklandCityCouncil/2003-12-16.pdf
OaklandCityCouncil,2003-12-16,"following vote:
Councilmember Brunner and Councilmember Reid
ORAICouncilmember Excused:
2-
ORAICouncilmember Ayes:
Councilmember Wan, Councilmember Nadel, Vice Mayor Nadel,
7-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks and Councilmember Chang
Enactment No: 78273
Subject:
Inclusionary Zoning Study
27
From:
Community and Economic Development Agency
Recommendation: A Report and Recommendations from the CEDA
Committee on the Inclusionary Zoning Programs in California Jurisdictions (
TITLE CHANGE)
Attachments:
18.pdf,
Item 8 12-9-03.pdf,
S-27. pdf
The following individual spoke on this item and did not indicate a position:
Sanjiv Handa
This item was rescheduled with direction that it return as a report and recommendations
for Council action on January 6, 2004.
*Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Continuation of Open Forum
The following indviduals spoke on this item:
Gene Hazzard
- Carlton Wade
- Wayman Knowles
- Lynae Washington
- Crystal Weston
-
Jeree Brown
- Charles Bradford
- Cynthia L. Schartzer
Orna Sasson
- Sanjiv Handa
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
There being no further business, and upon the motion duly made, the Agency/Council
adjourned the meeting in memory of David Sloan, DeShaun Holloway, Father Bill
O'Donnell, Maria Natividad Vargus, Damien Poe and Josie Gray at 12:20 a.m.
Americans With Disabilities Act
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NOTE:
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Office of the City Clerk
Phone:
(510) 238-7370
Fax:
(510) 238-6699
Recorded Agenda (510) 238-2386
Telecommunications Display Device: (510) 839-6451",31,OaklandCityCouncil/2003-12-16.pdf