body,date,text,page,path
OaklandCityCouncil,2004-01-06,"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, January 6, 2004
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
:25 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 Reid
ORA)Councilmember Excused:
Councilmember Brooks
ORAICouncilmember Absent:
ORAICouncilmember Present:
Councilmember Brunner, Councilmember Wan, Councilmember Nadel,
Councilmember Quan, President of the Council De La Fuente and Vice
Mayor Chang
The Roll Call was modified to note Councilmember Brooks present at 7:51 p.m.
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
The following individuals spoke under Open Forum:
Sanjiv Handa
- Cayren M. King
- Monica Ann Corona
- Zubaydah F.T. Thrash
- Dorothy M. Morehead-Coleman
- Sherman L. Taylor
- Roosevelt Mosby
- Hugh Bassette
Samuel Bell
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.",1,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"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 December 16, 2003
A motion was made by Councilmember Wan, seconded by Councilmember
Quan, to *Approve the Minutes. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
Councilmember Brooks
ORAICouncilmember Absent:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang
8. Presentation of Ceremonial Matters
Subject:
McClymonds Parent Academy
8.1
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
Resolution Number 78274 C.M.S.
A motion was made by Councilmember Nadel, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
Councilmember Brooks
ORAICouncilmember Absent:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6-
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang
Subject:
Cantonese Speaking Citizens' Academy
8.2
From:
Office of the City Manager
Recommendation: A presentation of the City of Oakland Cantonese Speaking
Citizens' Academy Graduation Class of Fall 2003
Attachments:
03-0381.pdf
Councilmember Wan presented Certificates of Achievement to the City of Oakland
Cantonese Speaking Citizens' Academy Graduation Class of Fall 2003.
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
9. Council Acknowledgements/ Announcements",2,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Vice Mayor Nadel took a point of personal privilege and requested that the meeting be
adjourned in memory of Edsel Matthews.
Councilmember Quan took a point of personal privilege and requested that the meeting
be adjourned in memory of Nancy Morgante.
Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of the Rev. Dr. James Miller and Edsel Matthews.
Councilmember Chang took a point of personal privilege and requested that the
meeting be adjourned in memory of Alice Dang and the victims of the December 26,
2003 Iran earthquake.
President De La Fuente took a point of personal privilege and requested that the
meeting be adjourned in memory of James Rush.
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:
10.1CC.pdf,
78275.pdf
Resolution Number C.M.S. 78275
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Medical Cannabis health emergency
10.2CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing the City Council's Declaration
of a local public health emergency with respect to safe, affordable access to
Medical Cannabis in the City of Oakland
Attachments:
10.2CC.pdf,
78276.pdf
Resolution Number 78276 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7-
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
T.J. Robinson 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 claim of T.J. Robinson, in the amount of
sixteen thousand nine hundred sixty-two dollars and fifty cents ($16,962.50),
as a result of property damage sustained due to flooding caused by failure of
the City sewer Main (Public Works Agency)
Attachments:
10.3CC.pdf,
78277.pd",3,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Resolution Number 78277 C.M.S.
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORA)Councilmember Abstained:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Wan, Councilmember Nadel, Councilmember
6-
Quan, President of the Council De La Fuente, Councilmember
Brooks and Vice Mayor Chang
Subject: Shirley and Fred Nase 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 Shirley and Fred Nase, in the
amount of $16,890.00, as a result of property damages sustained due to
flooding caused by failure of the City sewer main (Public Works Agency)
Attachments:
10.4CC.pdf,
78278.pdf
Resolution Number 78278 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORA\Councilmember Abstained:
Councilmember Reid
ORAICouncilmember Excused:
ORA)Councilmember Ayes:
Councilmember Wan, Councilmember Nadel, Councilmember
6-
Quan, President of the Council De La Fuente, Councilmember
Brooks and Vice Mayor Chang
Subject:
E. Lum 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 claim of E. Lum, in the amount of five
thousand nine hundred eighty nine dollars and fifty cents ($5,989.50), as a
result of property damage sustained from tree roots from a City tree (Office of
Parks and Recreation)
Attachments:
10.5CC.pdf,
78279.pdf
Resolution Number 78279 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORA)Councilmember Abstained:
1 -
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Wan, Councilmember Nadel, Councilmember
6-
Quan, President of the Council De La Fuente, Councilmember
Brooks and Vice Mayor Chang",4,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Subject: Christopher Ellis Settlement Agreement
10.6CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
attorney to compromise and settle the case of Christopher Ellis v. city of
Oakland, et al., United States District court Case No. C01-4720 BZ, our file no.
X01231, in the amount of $30,000.00 as a result of excess force (Oakland
Police Department)
Attachments:
10.6CC.pdf.
78280.pdf
Resolution Number 78280 C.M.S.
The following individual spoke against this item:
Hugh Bassette
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Alphonso Baker Settlement Agreement
From:
Office of the City Attorney
10.7CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Alphonso Baker v. City of
Oakland, et al., United States District Court Case No. C02-0020 VRW, our file
no. 21725, in the amount of $15,000.00. This case involves claims of violations
of civil rights against an Oakland Police Officer (Oakland Police Department-
Police Conduct)
Attachments:
10.7CC.pdf,
78281.pdf
Resolution Number 78281 C.M.S.
The following individual spoke against this item:
- Hugh Bassette
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Donna Warnock Settlement Agreement
10.8CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Donna Warnock v. City of
Oakland, et al., Superior Court, County of Alameda, Case No. RG 03082646,
in the amount of $30,000.00 as a result of a trip and fall accident in front of 80
Bellevue Avenue, Oakland, on August 25, 2002 (Public Works Agency)
Attachments:
10.8CC.pdf
78282 pdf
Resolution Number 78282 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Reid
ORA)Councilmember Excused:",5,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Bill Breidenbach Settlement Agreement
From:
Office of the City Attorney
10.9CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Bill Breidenbach V. City of
Oakland, et al., Alameda County Superior Court Case No. 2002-053943, our
file no. 21856, in the amount of $25,000.00 as a result of an automobile
accident with an Oakland Police Department Patrol vehicle (Oakland Police
Department)
Attachments:
10.9CC.pdf,
78283.pdf
Resolution Number 78283 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORAICouncilmember Abstained:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Wan, Councilmember Nadel, Councilmember
6-
Quan, President of the Council De La Fuente, Councilmember
Brooks and Vice Mayor Chang
Subject: Mikhail Hoskins Settlement Agreement
10.10
From:
Office of the City Attorney
CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Mikhail Hoskins and Ford
Credit, in the amount of $6,131.11, as a result of property damage sustained
in an automobile collision while driving his personal vehicle for City business (
Oakland Fire Department)
Attachments:
10.10CC.pdf,
78284 pdf
Resolution Number 78284 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORA)Councilmember Abstained:
1 -
Councilmember Reid
ORAICouncilmember Excused:
ORACouncilmember Ayes:
Councilmember Wan, Councilmember Nadel, Councilmember
6
Quan, President of the Council De La Fuente, Councilmember
Brooks and Vice Mayor Chang
Subject:
Maureen Dorsey Settlement Agreement
10.11
From:
Office of the City Attorney
CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Maureen Dorsey, et al. V. City of
Oakland, et al., Alameda County Superior Court Case No. RG-03077607
Attachments:
10.11CC.pdf
78285.pdf
Resolution Number 78285 C.M.S.
The following individual spoke on this item and did not indicate a position:
Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Adopted. The motion carried by the following vote:",6,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7-
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Central District Urban Renewal Plan
10.12
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending the Central District Urban Renewal Plan to eliminate the
time limit on establishing debt
Attachments:
10.12CC.pdf,
12570.pdf
Ordinance Number 12574 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Master Fee Schedule
From:
Finance and Management Agency
Recommendation: Approve the following legislation:
10.13
CC
(1) Approve the Final Passage (Second 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
Attachments:
10.13CC.pdf,
12568.pdf
Ordinance Number 12568 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
(2) Approve the Final Passage (Second 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,
12569.pdf
Ordinance Number 12569 C.M.S.
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Approved for Final Passage. The motion carried by the
following vote:",7,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"CC
Recommendation: Approve the Final Passage (Second 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
Attachments:
10.16CC.pdf,
12573.pd
Ordinance Number 12573 C.M.S.
The following individual spoke in favor of this item:
Patricia Kevena Fili
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Approved for Final Passage. The motion carried by the
following vote:",8,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7 -
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Subject:
Removal / Installation of Parking Meters
10.17
From:
Public Works Agency
CC
Recommendation: Approve the Final Passage (Second 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:
10.17CC.pdf,
12574.pdf
Ordinance Number 12574 C.M.S.
The following individual spoke on this item and did not indicate a position:
Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Vice Mayor Chang,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Reid
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
Nadel, Councilmember Quan, President of the Council De La
Fuente, Councilmember Brooks and Vice Mayor Chang
Councilmember Brooks was noted excused at 7:25 p.m.
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
The following individual spoke on this item and did not indicate a position:
-
Sanjiv Handa
There were two final decisions made in Closed Session:
Item 2c: Floyd Armbrester V. City of Oakland
Council authorized settlement in the amount of $13,500.00 in a case involving a claim of
the use of excessive force in a matter on April 29, 2001.
Item 2d: Jamalia Brown v. City of Oakland
Council authorized settlement in the amount of $45,000.00 in a case involving the claim
of false arrest in a matter on March 16, 2001.
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brunner, to accept the oral report from the City Attorney on final decisions made during
Closed Session, and hearing no objections, all members present were recorded as
voting: Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Quan, Wan and
President of the Council De La Fuente -6; Excused: Brooks and Reid -2
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, to *Received and Filed. The motion carried by the following vote:
Councilmember Brooks and Councilmember Reid
ORAICouncilmember Excused:
2-
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6-
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang",9,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Quan, confirming that there were no discussions pursuant to Section 15 of the
Sunshine Ordinance, and hearing no objections, the motion passed by Ayes: Agency/
Councilmember: Brunner, Chang, Nadel, Quan, Wan and President of the Council De
La Fuente -6; Excused: Brooks and Reid -2
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary on this item.
14. Consideration of items with statutory Public Hearing Requirements:
Subject:
Creation of Special Assessment Districts Public Hearing
From:
Oakland Fire Department
14.1
Recommendation: Conduct a Public Hearing and upon conclusion adopt a
Resolution establishing the Oakland Wildfire Prevention Assessment District;
accepting and granting final approval of the engineer's report and assessment
district boundary map and description; making a determination with regard to
the majority protest procedure for approval of the assessments; creating the
district advisory board; and approving, adopting and levying the annual
assessment for the district (TITLE CHANGE)
14.1 1-6-04,
Attachments:
14.3 SUPP.pdf
14.3.pdf,
78305 C.M.S..pdf
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:29
p.m.
AT 7:37 P.M. PRESIDENT OF THE CITY COUNCIL, DE LA FUENTE,
RELINQUISHED THE CHAIR AND AGENCY/COUNCILMEMBER BRUNNER
PRESIDED AS PRESIDENT PRO TEMPORE.
The following individuals spoke in favor of this item:
- Susan Piper
- Barry Pilger
- Nicholas J. Vigilante
-
Kenneth Benson
Blanche L. Sack
- Bob Lentz
-
Connie M. Hosendha
Ray Lifchez
- Robert Sieben
-
Nahid F. Farazian
David Kessler
- - Dick Spees
- Robert Meyers
Robbie Neely
- Charlotte Shard
The following individuals spoke against this item:
Mary Nielsi
- Greg J. Schmitt
Richard Ochiltree
Dan Robertson
- Larry Rosenthal
June Irizarry
Karen Ann Hunt
- Naomi Hardin-Cantrell
The following individuals spoke on this item but did not indicate a position:
- David Mix
Edward Bell
- George Cloflin
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Continued to the Concurrent Meeting of the Oakland
Redevelopment Agency/City Council, due back on January 20, 2004. The
motion carried by the following vote:",10,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Councilmember Brooks and Councilmember Reid
ORAICouncilmember Excused:
2-
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6-
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang
Enactment No: 78305
PRESIDENT OF THE COUNCIL DE LA FUENTE WAS NOTED PRESENT AT 7:55 P.
M. AND RESUMED PRESIDING AS CHAIRPERSON
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brunner, to close the public comment portion of the Public Hearing, and that the
proceedings be recessed to tabulate the ballots and that the Public Hearing be
continued to January 20, 2004 for the results of the balloting to be reported to Council
and for the Council to take action on the Resolution and formation of the Assessment
District, and hearing no objections, the motion passed by Ayes: Agency/Councilmember
: Brunner, Chang, Nadel, Quan, Wan and President of the Council De La Fuente -6;
Excused: Brooks and Reid -2
Subject: Planning Commission Appeal 4822 Telegraph Avenue Public
Hearing
14.2
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, Oakland, Council District 1; Appellant
Larry Bellinger; Planning Commission Vote: 3 Ayes, 2 Noes
03-0215.pdf,
Attachments:
14.2.pdf,
78287.pdf,
Item 14.1 12-2-03",11,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Resolution Number 78287 C.M.S.
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 8:45
p.m.
The following individuals spoke in favor of this item:
- Robert Cicala
The following individuals spoke against this item:
- Lydia Taylor
- Christopher Fleming
- Adrienne Massey
- Larry Bellinger
- Cynthia Fleming
- Taylor Culver
The following individuals spoke on this item and did not indicate a position:
- Sanjiv Handa
Arnold Carter
Agency/Councilmember Brunner 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, Quan, Wan and President of
the Council De La Fuente -6; Excused: Brooks and Reid -2
Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember
Chang, to accept staff's recommendation and adopt the resolution denying the appeal
as amended subject to the following conditions:
1) As per the City Planning Commission, the Council directs staff in six (6) months to
initiate a zoning review to ensure that Connelly's is operating within zoning regulations
and is honoring each and every condition of approval placed upon it. The report and the
staff's recommendation will be head at a Public Hearing before the Planning
Commission. At the discretion of the District 1 Councilmember, a hearing can be called
before the City Council;
2) To ensure that the front and back doors will not be open, a workable air conditioning
unit must be installed before the six (6) month review,
and hearing no objections, the motion passed by Ayes: Agency/Councilmember:
Brunner, Chang, Nadel, Quan, Wan and President of the Council De La Fuente -6;
Excused: Brooks and Reid -2
A motion was made by Councilmember Brunner, seconded by Vice Mayor
Chang, that this matter be Adopted as Amended. The motion carried by the
following vote:
Councilmember Brooks and Councilmember Reid
ORAICouncilmember Excused:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6-
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang
ACTION ON NON-CONSENT ITEMS:
VICE MAYOR NADEL WAS NOTED ABSENT AT 9:28 P.M.
Subject:
Election of Vice Mayor
15
From:
Office of the City Clerk
Recommendation: Adopt a Resolution electing Councilmember Chang as Vice
Mayor of the City Council of the City of Oakland for the term beginning
January 6, 2004 and ending January 3, 2005 pursuant to Oakland City
Charter, Section 208
Attachments:
15.pdf,
78276.pc",12,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"Resolution Number 78286 C.M.S.
President of the Council De La Fuente nominated Agency/Councilmember Chang as
Vice Mayor to the term beginning January 6, 2004 and ending January 3, 2005.
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
Quan, that this matter be Adopted. The motion carried by the following vote:
Councilmember Brooks and Councilmember Reid
ORAICouncilmember Excused:
2-
Councilmember Nadel
ORAICouncilmember Absent:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
5-
Quan, President of the Council De La Fuente and Vice Mayor
Chang
VICE MAYOR NADEL WAS NOTED PRESENT AT 9:35 P.M.
Subject: Cox, Castle, and Nicholson Conflict of Interest
16
From:
Office of the City Attorney
Recommendation: Adopt a Resolution waiving ""Conflict of Interest"" of law firm
of Cox, Castle, and Nicholson, and permitting the firm to represent MacArthur
Boulevard Associates regarding the redevelopment of the Foothill Square
Plaza in the Central City East Redevelopment Project Area
Attachments:
16.pdf,
2004-01.pdf
Agency Resolution Number 2004-01
A motion was made by Vice Mayor Chang, seconded by President of the Council
De La Fuente, that this matter be Adopted. The motion carried by the following
vote:
Councilmember Brooks and Councilmember Reid
ORA)Councilmember Excused:
2-
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6-
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang
Subject:
Risk Management Incentive Program
17
From:
Office of the City Manager
Recommendation: Approve Recommendations regarding implementation of
the Risk Management Incentive Program
Attachments:
7.pdf,
18 11-4-03.pdf
The following individuals spoke in favor of this item:
- Willow Rosenthal
The following individuals spoke against this item:
- Jim Best
- Susan Quinlan
The following individual spoke on this item and indicated a neutral position:
- Gwen Hardy
- Rashidah Grinage
The following individual spoke on this item and did not indicate a position:
-
Sanjiv Handa
Nikki Dove
- Akua Jackson
Jackie Thomason",13,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"A motion was made by Councilmember Brunner, seconded by Councilmember
Nadel, that this matter be Approve as Amended. The motion carried by the
following vote:
Councilmember Brooks and Councilmember Reid
ORAICouncilmember Excused:
2-
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
6-
Nadel, Councilmember Quan, President of the Council De La
Fuente and Vice Mayor Chang
Councilmember Wan made a motion to adopt the Phoenix Model with amendments to
allow reserve funds City-wide in the event that departments exceed their budget
allocation, and require that the department return to Council for the additional funding,
and that departments can retain the funds is they spend less than their budget
allocation and use for other purposes.
MOTION DIED FOR LACK OF A SECOND.
Councilmember Brunner made a motion, seconded by Councilmember Nadel, to accept
Option D and to adopt the Phoenix Model as outlined in the staff report, and to include
the following incentives:
1) Create a system of rewards and/or recognition for employees in each division whose
job performance contributed to loss prevention in the previous year;
2) Fund the development of a loss prevention program in the Public Works Agency and
the Oakland Police Department, developed in conjunction with the City Attorney's Office
and Risk Management, to target 15% loss reduction;
3) Continue regular reporting on losses and loss prevention to the Finance and
Management Committee;
4) Require departments to return to Council if they exceed their budget allocation and
need additional funding for liability payouts;
5) Departments can retain a percentage of their unspent liability budget allocation and
the Finance Committee should establish guidelines for use of those funds,
and hearing no objections, the motion passed by Ayes: Agency/Councilmember:
Brunner, Chang, Nadel, Quan, Wan and President of the Council De La Fuente -6;
Excused: Brooks and Reid -2
Subject:
Inclusionary Zoning Study
18
From:
Community and Economic Development Agency
Recommendation: Receive an Informational Report regarding Inclusionary
Zoning Programs in California Jurisdictions
Attachments:
18.pdf,
Item 8 12-9-03.pdf
S-27.pdf",14,OaklandCityCouncil/2004-01-06.pdf
OaklandCityCouncil,2004-01-06,"The following individual spoke against this item:
- Ada Chan
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember
Quan, to approve the following recommendations made by the Community and
Economic Development Committee as amended to include community representatives
in Item 2:
1. The City to encourage developers to voluntarily adopt inclusionary zoning by offering
incentives;
2. Staff and City Council to work with the business community and community
representatives to develop proposals at the regional and state level;
3. Work with Association of Bay Area Governments (ABAG) for all cities to move
forward with inclusionary zoning;
and hearing no objections, the motion passed by Ayes: Agency/Councilmember:
Brunner, Chang, Nadel, Quan, Wan and President of the Council De La Fuente -6;
Excused: Brooks and Reid -2
Approve as Amended
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
There being no further business, and upon the motion duly made, the Agency/Council
adjourned the meeting in the memory of Edsel Matthews, Rev. Dr. James Miller, Nancy
Morgante, Alice Dang, James Rush, and the victims of the Iran earthquake at 10:30 p.
m.
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and
Committee meetings please contact the Office of the City Clerk. When
possible, please notify the City Clerk 48 hours prior to the meeting so we can
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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",15,OaklandCityCouncil/2004-01-06.pdf