body,date,text,page,path
OaklandCityCouncil,2004-10-05,"Meeting Minutes
City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
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
Tuesday, October 05, 2004
6:00 PM
Oakland City Hall, 3rd Floor
ORA\Councilmember Present: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
A meeting of the Joint Oakland Redevelopment Agency and City Council was",1,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"held on the above date. Opening with the Pledge of Allegiance, the meeting
was convened at 6:04 p.m.
1
Pledge of Allegiance
2
Roll Call / ORA & Council
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3;
Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang,
At-Large, and President Ignacio De La Fuente, Dist. 5
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
The following individuals spoke under open forum:
-Hoche' Agos",2,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"-Sanjiv Handa
-Marilyn Green
- -Cloteal Swoopes
- -Ondrietta Johnson
-Hugh Bassette
-Dorothy Coleman",3,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"-Beverly Franklin
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.
Agency/Councilmember Reid made a motion, seconded by
Agency/Councilmember Wan,, to adopt the agenda with the exception of Items
10.13 CC, 10.14CC, and 10.15CC, 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
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 for this item.",4,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"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.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on September 21, 2004
A motion was made by Councilmember Reid, seconded by Councilmember
Wan, to *Approve as Submitted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject:
Joyce Lopes - Service Recognition
From:
Councilmember Wan
Recommendation: Adopt a Resolution honoring Joyce Marie Lopes for twenty years of",5,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"distinguished service to the City of Oakland (04-0653)
A motion was made by Councilmember Reid, seconded by Councilmember
Wan, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA)Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 8.1 10-05-04.pdf,
Resolution No. 78817.1 pdf
8.2
Subject: Jeanne Godwin - Service Recognition
From:
Councilmember Wan
Recommendation: Adopt a Resolution honoring Jeanne Godwin on her retirement from the
City Council Office, City of Oakland (04-0654)
A motion was made by Councilmember Wan, seconded by Councilmember",6,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Reid, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Resolution No. 78818.pdf
8.3
Subject: United Nations Month - October 2004
From:
Councilmember Nadel
Recommendation: Adopt a Resolution declaring October 2004 United Nations Month in the
City of Oakland (04-0725)
A motion was made by Councilmember Nadel, seconded by Vice Mayor
Chang, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember",7,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 8.3 10-05-04.pdf,
Resolution No. 78819. pdf
8.4
Subject: Farideh (Fifi) Tebbe - Service Recognition
From:
Community And Economic Development Agency
Recommendation: Adopt a Resolution commending Farideh (Fifi) Tebbe for 20 Years Of
dedicated service (04-0744)
A motion was made by Councilmember Reid, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor",8,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Chang
Item 8.4 10-05-04.pdf,
Resolution No. 78820.pdf
8.5
Subject: National League of California Cities
From:
Office of the City Attorney/Concilmember Quan
Recommendation: A Presentation and adoption of a Resolution in support of the National
League of California Cities, the American Dream Campaign ""Divided We Fall: Inequity and
Future of America's Cities and Towns"" (5 Minutes) (04-0783)
A Presentation was made by Councilmember Quan with the Resolution to
returne for adoption at a later date.
8.6
Subject: Gilda Gonzales Service Recognition
From:
City Administrator, Deborah Edgerly
Recommendation: A Mayoral Proclamation and acknowledging Gilda Gonzales for 13 Years
of dedicated service to the City of Oakland (04 0745)
Council Report Item 8.1 10-19-04.pdf
S-8.7",9,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject:
Domestic Violence Awareness Month
From:
Councilmember Quan
Recommendation: A ten minute Presentation and Adoption of a Resolution proclaiming
October Domestic Violence Awareness Month in the City of Oakland (04-0797)
A motion was made by Councilmember Quan, seconded by
Councilmember Nadel, that this matter be Adopted. The motion carried
by the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Council Report Item S-8.7 10-5-04.pd
9. COUNCIL ACKNOWLEDGEMENTS /ANNOUNCEMENTS
Agency/Councilmember Reid took a point of personal privilege and requested
that the meeting be adjourned in memory of Vernon Morris",10,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Agency/Councilmember Nadel took a point of personal privilege and requested
that the meeting be adjourned in memory of Georgia Davenport, Roshanda
Williams
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
Subject: Declaration of a Local Emergency due to AIDS epidemic
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 (04-0764)
A motion was made by Councilmember Nadel, seconded by",11,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 10.1CC 10-05-04.pdf,
Resolution No. 78822.pdf
10.2CC
Subject: Medical Cannabis Health Emergency
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 (04-0765)
A motion was made by Councilmember Reid, seconded by Councilmember",12,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 10.2CC 10-05-04.pdf,
Resolution No. 78823.pdf
10.3CC
Subject:
Wayne Johnson - Settlement Agreement
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to
compromise and settle the case of Wayne Johnson, et al. v. City of Oakland, et al., United",13,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"States District Court No. C-03-0162-Edl, our file no. X01795, in the amount of $25,000.00
(Oakland Police Department - Unlawful Search) (04-0766)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
The following individual(s) spoke against this item:
- Hugh Bassette",14,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
Item 10.3CC 10-05-04.pdf,
Resolution No. 78824.pdf
10.4CC
Subject: Fredrick Pruitt - Settlement Agreement
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to
compromise and settle the case of Fredrick Pruitt v. City of Oakland, et al., United States
District Court Case No. C-03-3299 MJJ, our file no. 22984, in the amount of $52,500.00. This
case involves claims of violations of Civil Rights against Oakland Police Officers. (Oakland",15,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Police Department - Police Conduct) (04-0767)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
The following individual(s) spoke against this item:
- Hugh Bassette
Item 10.4CC 10-05-04.pdf,
Resolution No. 78825.pdf
10.5CC
Subject: Wayne Nelson - Settlement Agreement
From:
Office of the City Attorney",16,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Recommendation: Adopt a Resolution authorizing and directing the City Attorney to
compromise and settle the case of Wayne Nelson V. City of Oakland, et al., United States
District Court no. C-02-5325-WDB. our file no. 22491, in the amount of $40,000.00 (Oakland
Police Department - Excessive Force) (04-0768)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Nos: 1 - Councilmember Brunner
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan,
Councilmember Quan, President of the Council De La Fuente, Councilmember
Brooks, Councilmember Reid and Vice Mayor Chang
The following individual(s) spoke against this item:
- Hugh Bassette
Item 10.5CC 10-05-04.pdf,",17,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Resolution No. 78826.pdf
10.6CC
Subject: Laurence and Karen Russo - Settlement Agreement
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to
compromise and settle the case of Laurence and Karen Russo in the amount of $14,875.00, as a
result of property damages sustained when a broken sewer main caused the garage foundation
to collapse (Public Works Agency) (04-0769)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council",18,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 10.6CC 10-05-04.pdf,
Resolution No. 78827.pdf
10.7CC
Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry E. Reid
From:
Councilmembers Nadel and Reid
Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel and Larry E.
Reid's travel to Indianapolis, IN from Nov. 30 - Dec. 4 for the National League of Cities
Conference (04-0717)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council",19,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 10.7CC10-05-04.pdf,
Resolution No. 78828.pdf
10.8CC
Subject: Board of the Association of Bay Area Governments (ABAG)
From:
Council President Ignacio De La Fuente
Recommendation: Adopt a Resolution re-appointing Councilmembers Jane Brunner, Nancy
Nadel, and Jean Quan to the Board of the Association of Bay Area Governments (ABAG) for
a
new two-year term commencing on July 1, 2004 and ending on June 30, 2006 (04-0782)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council",20,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
Item 10.8CC10-05-04.pdf,
Resolution No. 78829.pdf
S-10.9CC
Subject:
Issuance of Sewer Revenue Bonds
From:
Finance and Management Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance adding Chapter
4.50 to Title 4 of the Oakland Municipal Code setting forth powers and procedures for the
issuance of sewer revenue bonds for the purpose of financing and refinancing sewer system",21,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"improvements; and setting forth definitions, general provisions, general powers, issuance
procedures and certain supplemental provisions relating to the issuance of such bonds,
including establishment of a Rate Stabilization Fund (04-0711)
Approved on Introduction for Final Passage to Concurrent Meeting of the
Oakland Redevelopment Agency / City Council on 10/19/2004
Committee Report 9-28-04 - 10.9 CC 10-5-04 - 15 1 pdf,
12624.pdf
2) A Resolution of the City Council of the City of Oakland approving the issuance of not to
exceed $70,000,000 aggregate principal amount of City of Oakland Sewer Revenue Bonds
2004 Series A to finance the construction and installation of certain improvements to the City's",22,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"sewer system; authorizing execution and delivery of a master indenture and a first supplemental
indenture; approving the form of an official notice of sale and an official statement; and
authorizing the execution of documents and the taking of all necessary actions relating thereto
(04-0711a)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report Item 3 9-28-04 and item 10.9 10 pdf,",23,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Resolution No. 78830.1 pdf
S-10.10CC
Subject: Oakland Municipal Employees Retirement System
From:
Finance and Management Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending Section
14.8 of Ordinance No. 713 C.M.S to provide a $75.00 monthly increase to Oakland Municipal
Employees Retirement System (OMERS) retirees and $37.50 monthly increase to OMERS
beneficiaries (04-0727)
Approve as Amended on Introduction for Final Passage to Concurrent
Meeting of the Oakland Redevelopment Agency / City Council on
10/19/2004
Committee Report 9-28-04 - Council 10-5-04 and 10-....pdf,
12625.pdf
S-10.11CC",24,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject: Performance Audit of Lien Sales for Towed Vehicles
From:
Office of the City Auditor
Recommendation: Action on an Interim Report on Performance Audit of Lien Sales of vehicles
that were towed pursuant to the contract between the City of Oakland and the Oakland Tow Car
Association (04-0719)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be *Received and Filed. The motion
carried by the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report Item 8 9-28-04 and Item 10.11 10. pdf
S-10.12CC",25,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject:
Commercial Facade Improvement
From:
Community and Economic Development Agency
Recommendation: Adopt an Agency Resolution reallocating $400,358 from the Downtown
Business Briefing Center to the Downtown Tenant Improvement Program and Facade
Improvement Program and authorizing the Agency Administrator to negotiate and execute all
design contracts for the Commercial Facade Improvement and Tenant Improvement Programs
without returning to the Agency (04-0715)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by",26,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Contract Number 04-1822
Committee Report Item 3 9-28-04 and item 10.12 1 pdf,
ORA Resolution No. 2004-54.pdf
S-10.13CC
Subject: Job Training Performance Standards
From:
Community and Economic Development Agency
Recommendation: Action on a Report on the Job Training Performance Standards of
City-funded Workforce Development Programs (04-0716)
*Rescheduled to Concurrent Meeting of the Oakland Redevelopment
Agency / City Council on 10/19/2004
As a Non-Consent Item
Committee Report 6 Item 9-28-04 and 10.13 10-5-04 pdf,
Committee 9-28-04 - Council 10-5-04 - Council 10-. pdf
S-10.14CC",27,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject:
Union Point Park Project
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and
appropriate a contribution of $300,000 from the Port of Oakland for the development of the
Union Point Park Project (C196810); and to amend the project management contract with
Spanish Speaking Unity Council to reflect the increased total project budget from $8,674,000 to
$8,974,000 (04-0596)
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 10/19/2004
Committee 9-14-04 and 9-28-04 and Council 10-19- pdf,
78865.pdf",28,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"S-10.15CC
Subject:
Raiders Surcharge Expenditures
From:
Office of Parks and Recreation
Recommendation: Action on a Report regarding prioritization criteria for use of Raiders
Surcharge Funds and recommendation of expend $164,740.65 from the Raiders Surcharge for
renovation of Golden Gate/Bob Mason Field (04-0534)
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland
Redevelopment Agency / City Council on 10/19/2004
Committee 9-14-04, 9-28-04 and Council and 10-5-04 pdf
S-10.16CC
Subject: Children and Youth Wait-Listed Non-Profit Agencies
From:
Department of Human Services
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate and
execute professional service contracts between the City of Oakland and Oakland Fund for",29,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Children and Youth wait-listed non-profit agencies to provide direct services for Children and
Youth for Fiscal Year 2005 in an amount not to exceed $ 562,547 (04-0647-1)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Contract Number 04-1823
Committee Report Item 7 9-28-04 and 10.16CC 10- pdf,
Resolution No. 77831.pdf
S-10.17CC
Subject: Senior Companion Program
From:
Department of Human Services",30,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Recommendation: Adopt a Resolution authorizing the City Administrator to accept and
appropriate grant funds from the City of Berkeley in the amount estimated at $14,825 and the
Alameda County Area Agency on Aging in the amount estimated at $40,289 for the Senior
Companion Program for the Fiscal Year 2004-2005 (04-0720)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report Item 8 9-28-04 and 10-17CC 10-1 pdf,
Resolution No. 78832.pdf
S-10.18CC",31,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject:
Children's Bicycle Safety Program
From:
Oakland Parks and Recreation
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept
and appropriate grant funds from the State of California Office of Traffic Safety in an amount
not to exceed one hundred twenty thousand dollars ($120,000) for the expansion of the
Children's Bicycle Safety Program (04-0722)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council",32,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report Item 3 9-28-04 and 10-18CC 10-1....pdf,
Resolution No. 78833.pdf
S-10.19CC
Subject: ""Bulletproof Vest Partnership"" Grant Funding
From:
Oakland Police Department
Recommendation: Adopt a Resolution authorizing the City Administrator to accept five
thousand ten dollars and forty-one cents ($5,010.41) in ""Bulletproof Vest Partnership"" grant
funding from the United States Department of Justice, Bureau of Justice Assistance, and
appropriate said funds to the Police Department (04-0707)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by",33,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report Item 4 9-28-04 and 10-19CC 10-5 pdf,
Resolution No. 78834.pdf
S-10.20CC
Subject:
State of California Department of Boating and Water
From:
Oakland Parks and Recreation
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept
and appropriate grant funds from the State of California Department of Boating and Waterways",34,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"in the amount of sixteen thousand six hundred and fifteen dollars ($16,615) for boating
equipment for the Lake Merritt Boating Center and promotion of Boating Safety Education
(04-0724)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report item 5 9-28-04 and 10-20CC 10-5-....pdf,
Resolution No. 78835.pdf
S-10.21CC",35,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject:
Workforce Investment Areas
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution supporting the City of Oakland's continued designation
as a Workforce Investment Area and opposing California Performance Review Section GG23, a
recommendation to realign and consolidate Workforce Investment Areas and Boards (04-0728)
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report Item 7 9-30-04 Item 10-21CC 10. pdf,
Resolution No. 78836.pdf
11",36,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"(10-5 Closed Session)
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
Closed Session Report 10-5-04.pdf
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance
A motion was made by Councilmember Reid, seconded by Vice Mayor
Chang, to *Approve as Submitted. The motion carried by the following
vote:
Votes:
ORA)Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Agency/Councilmember Reid 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,",37,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"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:
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:
14.1
Subject: Check Cashiers and Check Cashing Businesses - Public Hearing
From:
Community and Economic Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion approve the Introduction
(First Reading) of an Ordinance amending the Oakland Planning Code to add a new use
classification and amend related code sections to regulate check cashiers and or check cashing",38,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"businesses and limiting where such activities may be permitted (Vice Mayor Chang, City-wide)
(04-0650)
A motion was made by Councilmember Brunner, seconded by
Councilmember Wan, that this matter be Approve as Amended on
Introduction for Final Passage to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council, due back on October 19, 2004. The
motion carried by the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor",39,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Chang
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa",40,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was",41,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,udt0:2 pauado,42,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Agency/Councilmember Brunner made a motion, seconded by
Agency/Councilmember Wan, to close the Public Hearing, and hearing no",43,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"objections, the motion passed by Ayes: Agency/Councilmember: Brooks,
Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La",44,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,Fuente -8,45,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Agency/Councilmember Brunner made a motion, seconded by
Agency/Councilmember Wan, to approve the Introduction of the Ordinance as",46,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"amended on Item 14.1 to include on Page 4 at the bottom of 3 C that business
may open no earlier than 7:00 a.m. and remain open no later than 7:000 p.m",47,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Monday through Saturday, and hearing no objections, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan,",48,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Wan and President of the Council De La Fuente -8
Committee Report Item 5 9-14-04,
Council Report Item 14.9 9-21-04.pdf,
Item 14.1 10-05-04 and item 17 10-19-04.pdf,
Item 17.pdf
ACTION ON NON-CONSENT ITEMS:
15
Subject:
Nuisance Abatement Liens and Costs
From:
Community and Economic Development Agency",49,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending
Oakland Municipal Code Sections 15.08.130, 1.08.040, 1.12.040 and 1.16.040 to authorize
foreclosure proceedings to collect nuisance abatement liens and costs, and amending Oakland
Municipal Code 1.08.060 to increase the maximum annual cumulative civil penalties from
$250,000 to $365,000. (04-0604)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Approved for Final Passage. The motion carried
by the following vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council",50,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Committee Report 7-13-04 Item 11 and Council Repor.
,
Item 15 10-05-04.pdf,
Ordinance No.12623.pdf
16
Subject: Appointments to the Commission on Aging
From:
Office of the Mayor
Recommendation: Adopt a Resolution re-appointing Bobbie Bond, Ronald Chan, and Stanley
Garcia as members of the Commission on Aging (04-0770)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor",51,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Chang
Item 16 10-05-04.pdf,
Resolution No. 78837.pdf
17
Subject: Appointment to the Citizen's Police Review Board
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Tim Wan as a member of
the Citizen's Police Review Board (04-0774)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa",52,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Item 17 10-05-04. pdf,
Resolution No. 78838.pdf
18
Subject: Appointments to the Oakland Museum of California Foundation Board
From:
Office of the Mayor
Recommendation: Adopt a Resolution confirming Penelope Wong and Laurence G. O' Neil as
trustees of the Oakland Museum of California Foundation Board. (04-0775)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
Item 18 10-05-04 .pdf,
Resolution No. 78839.pdf
19",53,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Subject:
Appointment to the Alameda Cnty Mosquito Abatement Dist. Bd. of Trustees
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Stuart Flashman as a member of the
Alameda County Mosquito Abatement District Board of Trustees (04-0785)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 19 10-05-04.pdf,
Resolution No. 78840.pdf
20
Subject:
Appointment to the Planning and Oversight Committee
From:
Councilmember Nadel",54,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Recommendation: Adopt a Resolution re-appointing Jumoke Hinton Hodge to the Kids First!
Planning and Oversight Committee (04-0780)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 20 10-05-04.pdf,
Resolution No. 78841.pdf
21
Subject: Appointment to the Budget Advisory Committee
From:
Councilmember Nadel
Recommendation: Adopt a Resolution appointing Maeve Elise Brown to the Budget Advisory
Committee (04-0786)",55,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember
Brunner, Councilmember Wan, Councilmember Quan, President of the Council
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor
Chang
Item 21 10-05-04.pdf,
Resolution No. 78842.pdf
ADDITIONAL AGENDA ITEMS ARE CONTINUED ON THE FOLLOWING PAGE
S-22
Subject:
MacArthur Boulevard Utility Undergrounding
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing award of a construction contract to the",56,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"responsible low bidder, Underground Construction Company, Inc., in an amount not to exceed
$9,282,964.45 for construction of Underground Utility District No. 233, on MacArthur
Boulevard (from 73rd Avenue to the San Leandro City line) using $1,673,022 in City of
Oakland funds out of a budget of $2,000,000 for the project and payments from PG&E, SBC,
and Comcast totaling $7,609,942, subject to certain conditions (04-0648)
*Withdrawn with No New Date
Cmte Rpt 9-14-04/9-28-04,
Council Rpt 9-21-04 & 10-5-04.pdf,
Council Rpt 10-5-04 & Council Rpt 11-16-04.pdf,
Council Rpts 10-19-04 & 11-16-04.pdf",57,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"S-23
Subject:
New Market Tax Credit
From:
Community and Economic Development Agency
Recommendation: Adopt the following pieces of legislation:
1) A Resolution authorizing the City of Oakland to apply for an allocation of New Market Tax
Credits as strong affiliatee of Oakland Renaissance NMTC, Inc. (04-0730)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion failed by the following
vote:
Votes:
ORA\Councilmember Nos: 1 - Councilmember Brunner
Committee Report Item 5 9-28-04 and Item 23 10-5 pdf,
Resolution No. 78843.pdf
2) An Agency Resolution authorizing the Redevelopment Agency to apply for an allocation of
New Market Tax Credits as a strong affiliate of Oakland Renaissance NMTC, Inc (04-0730-1)
A motion was made by Councilmember Reid, seconded by Councilmember
Nadel, that this matter be Adopted. The motion carried by the following
vote:
Votes:",58,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"ORA\Councilmember Nos: 1 - Councilmember Brunner
ORA)Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan,
Councilmember Quan, President of the Council De La Fuente, Councilmember
Brooks, Councilmember Reid and Vice Mayor Chang
Committee Report Item 5 9-28-04 and item 23 10 pdf,
ORA Resolution No. 2004-55.pdf
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
There being no further business, and upon the motion duly made, the
Agency/Council adjourned the meeting in memory of Vernon Morris, Roshanda
Williams, and Georgia Davenport at 7:36 p.m.
Americans With Disabilities Act",59,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"If you need special assistance to participate in Oakland City Council and Committee meetings
please contact the Office of the City Clerk. When possible, please notify the City Clerk 48
hours prior to the meeting so we can make reasonable arrangements to ensure accessibility.
Also, in compliance with Oakland's policy for people with environmental illness or multiple",60,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"chemical sensitivities, please refrain from wearing strongly scented products to meetings.
Office of the City Clerk
Phone: (510)238-7370",61,OaklandCityCouncil/2004-10-05.pdf
OaklandCityCouncil,2004-10-05,"Fax:
(510) 238-6699
Recorded Agenda: (510) 238-2386
Telecommunications Display Device: (510) 839-6451 (TDD)
City Clerk and Clerk of the Council",62,OaklandCityCouncil/2004-10-05.pdf