body,date,text,page,path
OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
1852 2002
Meeting Minutes
Oakland, California 94612
OAKLAND
LaTonda Simmons, City Clerk
Grawing fit are 150
Concurrent Meeting of the Oakland Redevelopment Agency
/ City Council
1
Frank H. Ogawa Plaza, Council Chambers, 3rd Floor
City of Oakland Website: http://www.oaklandnet.com
Tuesday, January 15, 2008
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
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 6:12 PM.
2
Roll Call / ORA & Council
COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; 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
Play Video
ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Present: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
Play Video
The following individual(s) spoke under Open Forum:
- Dorothy Morehead-Colemar
- Sylvia Vigil
-
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.
No Action Taken
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)
No Action Taken
City of Oakland
Page 1
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
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.
No Action Taken
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on December 18, 2007
A motion was made by Vice Mayor Chang, seconded by Councilmember
Nadel, to *Approve the Minutes. The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Absent: 1 - Councilmember Reid
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel
and Councilmember Quan
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject:
State Of The City Address
From:
Office Of The Mayor
Recommendation: Receive The Mayor's State Of The City Address
07-0910
Play Video
A motion was made by Councilmember Reid, seconded by Councilmember
Quan, that this matter be *Received and Filed. The motion carried by the
following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The following individual(s) spoke and did not indicate a position on this item:
- Geoff Collins
View Report.pdf
City of Oakland
Page 2
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Brooks took a point of personal privilege and
requested that the meeting be adjourned in memory of Mabel Louise Avant
Martin-Hazzard and Terrell Rogers
Agency/Councilmembers Brooks and Quan took a point of personal privilege
and requested that the meeting be adjourned in memory of Terrell Rogers
Agency/Councilmember Nadel took a point of personal privilege and requested
that the meeting be adjourned in memory of Steven Jimenez and Deborah Ann
Smith
Agency/Councilmember Reid took a point of personal privilege and requested
that the meeting be adjourned in memory of Mayola Lewis, Oscar Coffey, Gary
McMahan and Robert Finley
The Full Council took a point of personal privilege and requested that the
meeting be adjourned in memory of Frank Fu-Jen Kiang
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
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
07-0914
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81023 CMS.pdf
City of Oakland
Page 3
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
10.2-CC
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
07-0915
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81024 CMS.pdf
10.3
Subject:
Millsmont Homeowners Association - Settlement Agreement
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Settle
The Case Of Millsmont Homeowners Assn. V. City Of Oakland And DeSilva Gates
Construction, L.P., U.S. District Court Action No. C 06-03955 MMC, Our File No. X02821, In
The Amount Of $$25,000.00. This Case Involves Alleged Storm Water And Sanitary Sewer
Discharges (CEDA- Public Works)
07-0916
A motion was made by Councilmember Quan, seconded by Vice Mayor
Chang, that this matter be Adopted. The motion carried by the following
vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Noes: 1 - Councilmember Brunner
ORAICouncilmember Ayes: 6 - Councilmember Brooks, Vice Mayor Chang,
Councilmember Kernighan, Councilmember Nadel, Councilmember Quan and
Councilmember Reid
View Report.pdf
81025 CMS.pdf
City of Oakland
Page 4
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
10.4-CC
Subject:
Robert H. Sand - Settlement Agreement
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of Robert H. Sand In The Amount Of Fifty Three Thousand
Four Hundred Eleven Dollars And No Cents ($53,411.00), As A Result Of Property Damage
Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On October 14, 15, And
16, 2007. (Public Works Agency)
07-0917
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81026 CMS.pdf
10.5-CC
Subject:
Retail Re-Zoning On Broadway
From:
Community and Economic Development Agency
Recommendation: Approve The Final Passage (Second Reading) Of An Interim Ordinance
Amending The Zoning Regulations For Three Years Or Until The City Council Adopts
Permanent Regulations To A) Create The S-5 Broadway Retail Frontage Interim Combining
Zone Regulations (S-5 Zone) And B) Amend The Zoning Maps To Include The S-5 Zone On
And Near Broadway From 23rd Street To Hawthorne Avenue
07-0497
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
View Report.pdf
View Report.pdf
View Report.pdf
12850 CMS.pdf
City of Oakland
Page 5
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
10.6-CC
Subject:
Salary Ordinance Amendment - Police Classifications
From:
Finance and Management Agency
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending
The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To Add: Two 84 Hour Per
Pay Period, Permanent Full Time Police Officer Classifications; Two 84 Hour Per Pay Period,
Permanent Full Time Sergeant Of Police Classifications; And Two 84 Hour Per Pay Period,
Permanent Full Time Lieutenant Of Police Classifications
07-0898
This Matter was Approved for Final Passage on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
12851 CMS.pdf
10.7-CC
Subject:
Rockridge Business Improvement District
From:
Community and Economic Development Agency
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal
Year 2008-2009 For The Rockridge Business Improvement District, Approving The Annual
Report Of The Rockridge Business Improvement District Advisory Board, And Scheduling A
Public Hearing For January 29, 2008 (TITLE CHANGE)
07-0816
This Matter was Adopted as Amended on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The resolution was amended to change the date of the public hearing from
January 29, 2008 to February 5, 2008
View Report.pdf
View Report.pdf
81027 CMS.pdf
City of Oakland
Page 6
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
10.8-CC
Subject:
Montclair Business Improvement District
From:
Community and Economic Development Agency
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal
Year 2008-2009 For The Montclair Business Improvement District, Approving The Annual
Report Of The Montclair Business Improvement District Advisory Board, And Scheduling A
Public Hearing For January 29, 2008 (TITLE CHANGE)
07-0818
This Matter was Adopted as Amended on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The resolution was amended to change the date of the public hearing from
January 29, 2008 to February 5, 2008
View Report.pdf
View Report.pdf
81028 CMS.pdf
S-10.9-CC
Subject:
Loan Guaranty - Merritt Bakery
From:
Councilmember Patricia Kernighan
Recommendation: Adopt A Resolution Approving The Issuance Of A Loan Guaranty Not To
Exceed Thirteen Thousand Five Hundred Dollars ($13,500) For Mckinney Griff, Inc., DBA
Merritt Bakery And Restaurant, As Required By One California Bank Under Its Conditions Of
Approval For A Two Hundred Seventy Thousand Dollars ($270,000) Term Loan To Finance
Business Expansion
07-0845
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81029 CMS.pdf
City of Oakland
Page 7
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
S-10.10-C
Subject:
Emergency Housing Assistance Program Loan
C
From:
Department of Human Services
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute All
Contracts And Amendments Related To The State Emergency Housing And Assistance Program
Capital Development (EHAPCD) Deferred Loans Awarded To The City For The 2004/2005,
2005/2006 And 2006/2007 Program Years For The Rehabilitation Of Emergency Shelters And
Transitional Housing Projects In Oakland
07-0847
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81030 CMS.pdf
S-10.11-C
Subject:
Pier 7 Temporary Construction Easement - Caltrans Bay Bridge Project
C
From:
Community and Economic Development Agency
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To
Execute A Two-Year Extension, To 2015, For The Pier 7 Temporary Construction Easement
Benefiting Caltrans And Burdening Approximately 26 Acres Of Land In The West Gateway
Area Of The Former Oakland Army Base To Facilitate Completion Of The Caltrans Bay Bridge
Project And To Accept From Caltrans A One Time Easement Fee Of $10,553,347 In Exchange
For The Extension
07-0890
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
2008-0001 CMS.pdf
City of Oakland
Page 8
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
S-10.12-C
Subject:
Mercy Properties California - Lease Renewal
C
From:
Department of Human Services
Recommendation: Approve The Introduction Of An Ordinance Authorizing The Renewal Of A
Lease On A City-Owned Property Located At 1226 - 73rd Avenue To Mercy Properties
California To Continue The Long Term Use Of The Property For An Additional Five Years,
From December 1, 2007 To November 30, 2012 As Housing Under HUD's Shelter Plus Care
Program
07-0793
A motion was made to Approved As Amended On Re-Introduction on the
Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
12858 CMS.pdf
S-10.13-C
Subject:
Families Building Wealth - Pilot Program
C
From:
Department of Human Services
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, To
1) Apply For, Accept And Appropriate A Five-Year Grant In The Amount Of $$250,000 From
The U.S. Department Of Health And Human Services, Office Of Community Services (OCS) To
The City Of Oakland's Department Of Human Services' Community Action Partnership To
Support The Implementation Of Oakland's City-Wide Families Building Wealth Individual
Development Account (IDA) Pilot Program; 2) Enter Into An Agreement With Earn Asset
Resource Network (EARN) In An Amount Not To Exceed $50,000 Annually For IDA
Management; And 3) Apply For, Accept, And Appropriate Additional Funds Received To
Support Oakland's Five-Year Pilot IDA Program Without Returning To Council
07-0708
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81031 CMS.pdf
City of Oakland
Page 9
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
S-10.14-C
Subject:
National Medical Services - Agreement
C
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee, On
Behalf Of The City Of Oakland To 1) Waive The Competitive Request For Proposals (RFP)
Process, And 2) Enter Into A Professional Services Agreement With National Medical Services
(NMS) For The Period Of July 1, 2007 Through June 30, 2009 In An Amount Not To Exceed
Forty Nine Thousand Nine Hundred And Ninety-Nine Dollars ($49,999) For Forensic Testing
07-0897
This Matter was Adopted on the Consent Agenda.
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81032 CMS.pdf
Passed The Consent Agenda
A motion was made by Councilmember Reid, seconded by Vice Mayor
Chang, including all the preceding items marked as having been adopted
on the Consent Agenda. The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
11
An oral report from the Agency Counsel / City Attorney of final decisions made during
Closed Session
A motion was made by Councilmember Reid, seconded by Councilmember
Quan, to *Approve as Submitted. The motion carried by the following
vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The City Attorney reported that 1 final decision was made during Closed
Session. Council approved the request to join the lawsuit of the City and County
of San Francisco vs. Coco Busan Et Al regarding the November 7, 2007 Oil
Spill in the San Francisco Bay; 7 Ayes, 1 Excised - De La Fuente
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
City of Oakland
Page 10
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of 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: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
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,
the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang,
Nadel, Reid, Quan, Kernighan-7, Excused: President of the Council De La
Fuente 1
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL
THEREAFTER:
13
Reconsideration of Ordinances pursuant to Charter Section 216
No Action Taken
There was no action necessary for this item.
THE FOLLOWING ITEM WAS INTRODUCED ON THE FLOOR
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
Subject:
Winter Storms - Local Emergency
From:
Oakland Fire Department
Recommendation: Adopt A Resolution (1) Ratifying The Local Emergency That The City
Administrator Proclaimed On January 11, 2008 Due To The Severe Impacts And Calamities
Caused By The Series Of Winter Storms That Commenced On Or About January 3, 2008 And
(2) Requesting That The Governor Declare A State Of Emergency In The City Of Oakland And
Request That The President Of The United States Declare That An Emergency Has Occurred In
California That Is Beyond The State's Recovery Capabilities
07-0970
A motion was made by Councilmember Nadel, seconded by
Councilmember Brunner, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
Agency/Councilmember Nadel made a motion seconded by
Agency/Councilmember Brunner to approve the emergency findings pursuant to
Section 2.20.070 E (1) that the need to take action on Item 15.A is necessary to
as the matter in question constitutes an emergency, namely the conditions
caused by the winter storms severely impair public health and safety given the
damages and the mudslide on Skyline Blvd and (2) came to the attention of this
body subsequent to this agenda being posted, and hearing no objections, the
motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang,
Kernighan, Nadel, Reid, Quan-7, Excused: President De La Fuente -1
View Report.pdf
81034 CMS.pdf
14. Consideration of items with statutory Public Hearing Requirements:
City of Oakland
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
14.1
Subject:
Amendment To Zone Regulations - S-5 Zone Area
From:
Community And Ecnonomic Development Agency
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The Introduction
(First Reading) Of An Interim Ordinance Amending The Zoning Regulations For Three Years Or
Until The City Council Adopts Permanent Regulations To: A) Expand The S-5 Broadway Retail
Frontage Interim Combining Zone (S-5 Zone) On The Zoning Maps To Include The East Side Of
Webster Street Between 30th Street And Hawthorne Avenue And An Area Near Valdez And
27th Streets And B) Amend The Text Of The S-5 Zone In The Planning Code To Require New
Construction To Contain Ground Floor Commercial Space At These Expanded Areas
07-0920
Play Video
A motion was made by Councilmember Nadel, seconded by
Councilmember Kernighan, that this matter be Approved on Introduction
for Final Passage to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council, due back on February 5, 2008. The
motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
Upon the reading of Item 14.1by the City Clerk, the Public Hearing was opened
at 7:02 p.m.
The following individuals spoke on this item:
- Jacquee Castain
- Sanjiv Handa
Agency/Councilmember Nadel made a motion, seconded by
Agency/Councilmember Quan, to close the Public Hearing, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks,
Brunner, Chang, Kernighan, Nadel, Reid, Quan - -7, Excused: President De La
Fuente
View Report.pdf
12859 CMS.pdf
City of Oakland
Page 13
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
14.2
Subject:
Interim Control Amendments - S-4 Design Review Combing Zone
From:
Community And Economic Development Agency
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The Introduction
And Final Passage Of An Emergency Ordinance, Pursuant To Charter Section 213, Establishing
Interim Conrols Applying The S-4 Design Review Combining Zone Which Requires All New
Construction Or Alterations To Follow Design Review Procedures, To Broadway -- From
Hawthorne Avenue To Interstate 580, And From 38th Street To College Avenue, And To The
Area Northeast Of The Intersection Of Broadway And Pleasant Valley To View Place, To Take
Effect Immediately Upon Introduction And Adoption
07-0921
Play Video
A motion was made by Councilmember Brooks, seconded by
Councilmember Reid, that this matter be Approved for Final Passage. The
motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
Upon the reading of Item 14. 2 by the City Clerk, the Public Hearing was
opened at 7:08 p.m.
The following individuals spoke on this item:
- Sanjiv Handa
Agency/Councilmember Brunner 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, Kernighan, Nadel, Reid, Quan -7, Excused: President De La
Fuente
View Report.pdf
12852 CMS.pdf
City of Oakland
Page 14
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
14.3
Subject:
Extension Of Interim Controls - Sign Regulations
From:
Office of the City Attorney
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The Introduction
And Final Passage Of An Ordinance To Further Extention, Until Permanent Controls Are
Adopted, Of Emergency Ordinance No. 12566 C.M.S., Pursuant To Charter Section 213,
Extending Interim Controls For Conditional Use Permits, Variance And Related Findings For
Signs And Suspending Conflicting Provisions, To Take Effect Immediately Upon Introduction
And Adoption
07-0919
A motion was made by Councilmember Brunner, seconded by
Councilmember Nadel, that this matter be Approved for Final Passage.
The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was
opened at 7:13 p.m.
The following individuals spoke on this item:
- Sanjiv Handa
Agency/Councilmember Brunner made a motion, seconded by
Agency/Councilmember Nadel, to close the Public Hearing, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks,
Brunner, Chang, Kernighan, Nadel, Reid, Quan -7, Excused: President De La
Fuente
View Report.pdf
12853 CMS.pdf
ACTION ON NON-CONSENT ITEMS:
City of Oakland
Page 15
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
15
Subject:
End Of McKillop Road Local Emergency
From:
Community and Economic Development Agency
Recommendation: Adopt A Resolution Proclaiming The End Of The Local Emergency Declared
By Resolution No. 80899 C.M.S. Due To Landslide Damage To McKillop Roadway First
Proclaimed By The City Of Oakland On October 17, 2006
07-0896
A motion was made by Councilmember Quan, seconded by Vice Mayor
Chang, that this matter be Adopted as Amended. The motion carried by
the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORA)Councilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The resolution was amended to correct the date from January 2007 to January
2008
View Report.pdf
81033 CMS.pdf
16
Subject:
Oil Spill - Local Emergency
From:
Office of Emergency Services
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration
Of A Local Emergency Due To The November 7, 2007 Catastrophic Oil Spill In The San
Francisco Bay That Occurred When M/V Cosco Busvan, A Container Ship, Side Swiped One Of
The Bay Bridge Western Anchorages
07-0918
A motion was made by Councilmember Nadel, seconded by
Councilmember Reid, that this matter be Adopted. The motion carried by
the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
81035 CMS.pdf
City of Oakland
Page 16
Printed on 2/15/08",16,OaklandRedevelopmentAgencyAndCityCouncil/2008-01-15.pdf
OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
View Report.pdf
12854 CMS.pdf
Subject:
Municipal Code Amendment - Cabarets
From:
Office Of The City Administrator
Recommendation: Adopt The Following Pieces Of Legislation:
1) Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland
Municipal Code Chapter 5.12, ""Cabarets"" To (1) Allow Discretion In Permitting Cabarets Within
300 Feet Of Places Of Public Worship, Public Schools, And Public Libraries And 2) Require
Background Checks For Cabaret Permit Applicants (TITLE CHANGE); And
07-0759
A motion was made by Councilmember Brunner, seconded by
Councilmember Nadel, that this matter be Approved for Final Passage.
The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
View Supplemental Report.pdf
12855 CMS.pdf
City of Oakland
Page 17
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
2) Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland
Municipal Code Chapter 5.02 To Provide More Notice To Residents And Community Groups Of
Business Permit Applications
07-0759-1
A motion was made by Councilmember Brunner, seconded by
Councilmember Nadel, that this matter be Approved for Final Passage.
The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
12856 CMS.pdf
18
Subject:
Prompt Payment Policy
From:
Councilmember Desley Brooks
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Establishing
A Prompt Payment Policy Requiring Payment Within 20 Business Days After Receipt Of An
Invoice For Purchase Of Goods And/Or Services Applicable To 1) The City With Respect To
Contracts Let Directly To Local Businesses, 2) To Non-Profit And For-Profit Entities Contracted
To Manage Or Operate City Facilities Or Public Programs Or Concessions On City-Owned
Property, And 3) To City Contractors With Respect To Their Subcontractors, And Imposing
Interest Penalties For Violations, To Be Codified At Oakland Municipal Code Title 2, Chapter
2.06 (TITLE CHANGE)
07-0800
Play Video
A motion was made by Councilmember Brooks, seconded by
Councilmember Reid, that this matter be Approved for Final Passage. The
motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
View Report.pdf
12857 CMS.pdf
City of Oakland
Page 18
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
19
Subject:
Protect Access To Reproductive Health Care Facilities - Amendments
From:
Office of the City Attorney
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending Title 8
Of The City Of Oakland Municipal Code By Adding a New Chapter, 8.50, Entitled ""Access To
Reproductive Health Care Facilities,"" And New Sections 8.50.010
Through
,
To Protect Access To Reproductive Health Care Facilities And Creating A
Private Right Of Action For Violations Of This Chapter
07-0922
Play Video
A motion was made by Councilmember Nadel, seconded by Vice Mayor
Chang, to Approved As Amended On Re-Introduction to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back
on February 5, 2008. The motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
Councilmember Brunner made a motion, seconded by Councilmember Nadel
for a friendly amendment to the Ordinance as follows: in Section 2.
Definitions, section a: the third line containing the words ""human reproductive
system, including services during pregnancy or the"" was deleted; section b: in
the third line the word ""primarily"" was deleted; and ""section c: ""Primarily""
means 51% or more of the services provided"" was deleted in it entirety.
The following individual(s) spoke and did not indicate a position on this item:
- Cyrus Johnson
- Lori Hoye
- Walter B. Hoye
- Helen Hutchison
View Report.pdf
View Supplemental Report.pdf
12860 CMS.pdf
City of Oakland
Page 19
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
20
Subject:
Cable Franchise Renewal
From:
Information Technology Department
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending
Ordinance No. 10399 C.M.S. To Extend For Ten Years The Cable Franchise Held By Comcast
Of California/Colorado, LLC To Construct And Operate A Cable System To Provide Cable
Service Within The City Of Oakland; Amending The Terms And Conditions Of The Franchise;
And Establishing Certain Remedies For The Violation Of The Franchise
07-0923
A motion was made by Councilmember Brooks, seconded by
Councilmember Reid, that this matter be Approved on Introduction for
Final Passage to the *Special Concurrent Meeting of the Oakland
Redevelopment Agency/City Council, due back on February 5, 2008. The
motion carried by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Recused: 1 - Councilmember Kernighan
ORAICouncilmember Noes: 1 - Councilmember Brunner
ORAICouncilmember Ayes: 5 - Councilmember Brooks, Vice Mayor Chang,
Councilmember Nadel, Councilmember Quan and Councilmember Reid
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
View Report.pdf
S-21
Subject:
Playing Field Leveling Project - Contract
From:
Community and Economic Development Agency
Recommendation: Adopt A Resolution Awarding A Construction Contract To McGuire And
Hester For Phase I Of The Leveling The Playing Field Project (City Project No. C290810) To
Improve Girl's Softball Fields At Franklin, Golden Gate, McConnell And King Estate Fields In
An Amount Not-To-Exceed Six Hundred Sixty-One Thousand Seven Hundred Fifty Dollars
($661,750.00)
07-0894
A motion was made by Councilmember Brooks, seconded by
Councilmember Brunner, that this matter be Adopted. The motion carried
by the following vote:
Votes: ORAICouncilmember Excused: 1 - President of the Council De La Fuente
ORAICouncilmember Ayes: 7 - Councilmember Brooks, Councilmember
Brunner, Vice Mayor Chang, Councilmember Kernighan, Councilmember Nadel,
Councilmember Quan and Councilmember Reid
View Report.pdf
View Supplemental Report.pdf
81036 CMS.pdf
City of Oakland
Page 20
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
S-22
Subject:
Fourteenth Street Project, Inc. - DDA Amendment
From:
Community and Economic Development Agency
Recommendation: Adopt An Agency Resolution Authorizing An Amendment To The Disposition
And Development Agreement With Fourteenth Street Project, Inc., For Proposed Development
On 1158 14th Street And 1401 Adeline Street To (1) Substitute Bobbie And Arrece Jameson As
Developer, (2) Increase The Number Of Units From Four To Six, And (3) Modify The
Requirement To Sell Units To First-Time Homebuyers
07-0851
Play Video
Not Adopted
Councilmember Nadel made a motion seconded by Councilmember Brooks to
send this item back to the Planning Commission for discussion, a closer
examination of the DDA, an analysis based upon the current market and
community input regarding home ownership. The motion passed with the
following vote: Ayes - Brooks, Brunner, Kernighan, Nadel, Quan; Noes -
Chang, Reid, Excused - De La Fuente
Councilmember Reid made a substitute motion, seconded by Councilmember
Chang to approve staff recommendations as included in the packet. The motion
failed with the following vote: Ayes - Chang, Reid; Noes - Brooks, Brunner,
Nadel, Quan; Abstained - Kernighan; Excused - De La Fuente
The following individual(s) spoke on this item:
- Barbara Jameson-Bellow
- Brianne Fernandez
- Nicole Hatcher
- Carl Jameson
- Cleveland Bellow
- Dorothy Paynes
- Ben Boudreau
View Report.pdf
S-23
Subject:
Quarterly Informational Report On Measure Y
From:
Office Of The City Administrator
Recommendation: Receive A Monthly Informational Report On The Measure Y Accelerated
Police Recruiting, Hiring, Training And Deployment Strategy
06-0241-15
Play Video
The following individual(s) spoke and did not indicate a position on this item:
- Sanjiv Handa
View Report.pdf
Continuation of Open Forum
City of Oakland
Page 21
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OaklandRedevelopmentAgencyAndCityCouncil,2008-01-15,"Concurrent Meeting of the Oakland
Meeting Minutes
January 15, 2008
Redevelopment Agency / City
Council
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
Play Video
There being no further business, and upon the motion duly made, the
Agency/Council adjourned the meeting in memory of Mabel Louise Avant
Martin-Hazzard, Terrell Rogers, Frank Fu-Jen Kiang, Steven Jimenez,
Deborah Ann Smith, Mayola Lewis, Oscar Coffey, Gary McMann and Robert
Finley at 8:25 PM
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and Committee meetings
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prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in
compliance with Oakland's policy for people with environmental illness or multiple chemical
sensitivities, please refrain from wearing strongly scented products to meetings.
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Phone: (510) 238-6406
Fax:
(510) 238-6699
Recorded Agenda: (510) 238-2386
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City Clerk and Clerk of the Council
City of Oakland
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