body,date,text,page,path OaklandCityCouncil,2004-07-20,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78723 C.M.S. Contract Number 04-1785 Scheduling Request.pdf, Item 5 17-13-04.pdf, Item S10.47CC.pdf, 78723 CMS.pdf S-10.48CC Subject: Police Patrol Vehicle Mobile Data Computers From: Oakland Police Department Recommendation: Adopt a Resolution authorizing the City Administrator, or her designee, to",101,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"execute a purchase order with Oakland Computer Company for two hundred fifty (250) hardware upgrade kits for Police Patrol Vehicle Mobile Data Computers (MDC), in an amount not to exceed one hundred seventy-five thousand dollars ($175,000) (04-0587) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78724 C.M.S.",102,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Scheduling Request.pdf, Item 6 57-13-04.pdf, Item S10.48CC.pdf, 78724 CMS.pdf S-10.49CC Subject: New Weed and Seed Sites in East and West Oakland From: Oakland Police Department Recommendation: Adopt a Resolution authorizing a professional services agreement with Resource Development Associates in the amount of forty thousand dollars ($40,000) for the development of two official recognition applications for submission to the",103,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for the establishment of New Weed and Seed Sites in East and West Oakland (04-0610) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78725 C.M.S. Contract Number 04-1786 Scheduling Request.pdf, Item 77-13-04.pdf,",104,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item S10.49CC.pdf, 78725 CMS.pdf S-10.50CC Subject: Sutter Health - Contract Amendment From: Oakland Fire Department Recommendation: Adopt a Resolution authorizing the City Administrator to amend Resolution Number 76105 C.M.S dated October 31, 2000 to increase the contract with Sutter Health @ Work by ninety thousand dollars ($90,000) for physical fitness assessments and health testing",105,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"services for the City of Oakland's Firefighting Personnel to meet current regulatory requirements and standards of compliance, to a total contract amount not to exceed one hundred eighty four thousand one hundred fifty dollars ($184,150.00) (04-0611) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid DRA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember",106,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78726 C.M.S. Contract Number 04-1787 Scheduling Request.pdf, Item 8 7-13-04.pdf, Item S10.50CC.pdf, 78726 CMS.pdf S-10.51CC Subject: Recreation and Sports Programs - Assembly Bill 2404 From: President of the Council De La Fuente Recommendation: Adopt a Resolution proclaiming support for initiatives that encourage equal access to local recreation and sports programs for girls and boys throughout California",107,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(including those in Oakland) who want to participate in such programs, specifically State Assembly Bill 2404 introduced by Assembly Member Darrell Steinberg (04-0639) A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78727 C.M.S. Scheduling Request.pdf, Item S-77-15-04.pdf, Item S10-51CC.pdf, 78727 CMS.pdf 11",108,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session A motion was made by Councilmember Chang, seconded by Councilmember Reid, 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 Councilmember Chang There was one final decision made during closed session.",109,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,Item 2(a) Eleanor Colbert V. City of Oakland,110,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Council authorized a settlement of $15,000 for a case involving a slip and fall accident.",111,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember Quan, to approve the settlement on Item 2(a), and hearing no objections, the motion passed by Ayes: Agency/Councilmember:",112,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8",113,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual spoke and did not indicate a position on this item: - Sanjiv Handa 12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the Sunshine Ordinance A motion was made by Councilmember Wan, seconded by Councilmember Chang, to Accepted. 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",114,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Councilmember Chang Agency/Councilmember Wan made a motion seconded by Agency/Councilmember Chang confirming that there were no discussions pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8 COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER: 13 Reconsideration of Ordinances pursuant to Charter Section 216 No action was necessary for this item. 14. Consideration of items with statutory Public Hearing Requirements: 14.1 Subject: Uptown Activity Area - Continued Public Hearing",115,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: Community and Economic Development Agency Recommendation: Conduct a continued Public Hearing and upon conclusion adopt the following City and Agency Resolutions regarding redevelopment activities in the Uptown Activity Area of the Central District Redevelopment Project Area",116,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(Councilmember Nadel, District 3): (1) A Resolution authorizing approval and execution of a Lease Disposition and Development Agreement, Ground Leases, and related documents between the Redevelopment Agency and",117,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Uptown Partners, LLC., a California Limited Liability Company, for the development of a mixed use residential rental and retail development project in the Uptown Activity Area of the Central District Redevelopment Project Area; (04-0430) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks DRA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember",118,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang Resolution Number 78728 C.M.S.",119,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,Contract Number 04-1788,120,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,121,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke in favor of this item:,122,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Barry Lubouiski,123,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- John Nelson,124,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Sean Heron,125,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Phil Tagami,126,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,127,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke against this item:,128,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Cynthia Shartzer,129,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Steve Lowe,130,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Robert Leste,131,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Geoffrey Pete,132,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Wilson Riles,133,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,134,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual (s) spoke and indicated a neutral position on this item:,135,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Joyce Roy,136,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,137,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke and did not indicate a position on this item:,138,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Anna Naruta,139,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- John Chapman,140,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Sanjiv Handa,141,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,142,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was",143,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,opened at 9:15 PM,144,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,145,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Nadel made a motion, seconded by",146,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brunner, to close the Public Hearing, and hearing no",147,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"objections, the motion passed by Ayes: Agency/Councilmember: Brooks,",148,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8",149,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Nadel made a motion, seconded by",150,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brunner to adopt the resolution as amended on Item 14.1-1 and 14.1-2 to include in the LDDA provisions giving the Agency and the",151,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"City the right to terminate the LDDA under any of the following circumstances: 1. If, prior to closing:",152,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"A. The Agency/City Remediation and cost sharing obligation would exceed $2,585,000 and an acceptable cost sharing agreement has not been approved",153,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"by the Agency, or B. The projected costs associated with land acquisition (including, without",154,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"limitation, acquisition, relocation, and goodwill) exceed the currently budgeted amount of $14,200,000.",155,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"2. If, after closing, the remediation costs for previously unknown contamination (including, without limitation, environmental insurance costs,",156,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"remediation, consultant fees, investigative costs) exceed the sum of the acutally available insurance proceeds plus any unused portion of the $2,585,000",157,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"allocated to remdiation,",158,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and hearing no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and",159,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"President of the Council De La Fuente - -8 Item 6-1 6-22-04.pdf, Legislation Exhibits A-C.pdf, Item 6 Staff Report 6-22-04.pdf, Item 6 6-22-04 Auditor Report.pdf,",160,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item 6 SUPP 6-22-04.pdf, Item 14.4-1 07-20-04.pdf, Item 14.1 SUPP.pdf, 78728 CMS.pdf 2) An Agency Resolution authorizing the Agency Administrator to execute a Lease Disposition and Development Agreement, a Ground Lease, and related documents with Uptown Partners, LLC, a California Limited Liability Company, for the development of a mixed-use residential rental and retail development project in the Uptown Activity Area of the Central District",161,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Redevelopment Project Area; (04-0430a) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORA)Councilmember Abstained: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ORA Resolution Number: 2004-38 C.M.S. Contract Number 04-1789 Item 6-2 6-22-04.pdf, Item 14.1-2 07-20-04, 2004-38 CMS.pdf 3) A Resolution authorizing the City Administrator to execute a Cooperation Agreement with the Redevelopment Agency of the City of Oakland, and the Coalition for Workforce Housing",162,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"relating to the development of a one hundred percent (100%) affordable housing project on a parcel located immediately behind the Fox Theater between 18th and 19th Streets in the Uptown Activity Area of the Central District Redevelopment Project Area (04-0430b) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang Resolution Number 78729 C.M.S Contract Number 04-1790 Item 6-3 6-22-04.pdf, Item 14.1-3 07-20-04.pdf, 78729 CMS.pdf",163,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"4) An Agency Resolution authorizing the Agency Administrator to execute a Cooperation Agreement with the City of Oakland, and the Coalition for Workforce Housing Relating to the development of a one hundred percent (100%) affordable housing project on a parcel located immediately behind the Fox Theater between 18th and 19th Streets in the Uptown Activity Area of the Central District Redevelopment Project Area; and (04-0430c) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ORA Resolution Number 2004-39 C.M.S. Contract Number 04-1791",164,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item 6-4 6-22-04.pdf, Item 14.1-4 07-20-04.pdf, 2004-39 CMS.pdf 5) An Agency Resolution adopting a Replacement Housing Plan for housing units to be demolished at the Westerner Hotel, 1918-1954 San Pablo Avenue, for the Uptown Project (04-0430d) A motion was made by Councilmember Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 1 - Councilmember Brooks DRA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang ORA Resolution Number: 2004-40 C.M.S. Item 6-5 6-22-04.pdf, Item 14.1-507-20-04.pdf, 2004-40 CMS.pdf 14.2",165,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Subject: Planned Development Zoning District Public Hearing From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusior approve the Introduction (First Reading) of an Ordinance adopting Oakland Planning Code Chapter 17.139 (Planned Development Zoning District Procedure) and making related changes to Oakland' Master Fee Schedule and Chapter 17.152 (Enforcement) (04 -0545) *Withdrawn with No New Date Committee Report Item 8 7-13-04 and Item 3 10-12 pdf, Item 14.2.07-20-04pdf, Committee Report 3.pdf 14.3 Subject: Temescal Business Improvement Management District - Public Hearing",166,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: Community and Economic Development Agency Recommendation: Conduct a Public Hearing and upon conclusion adopt the following pieces of legislation (Councilmember Brunner, District 1): 1) A Resolution establishing the Temescal/Telegraph Avenue Property Business Improvement",167,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"District of 2005, approving the Management Plan, directing filing of the proposed assessment district boundary description, making a determination with regard to the majority protest procedure for approval of the proposed assessments; and approving the assessments for the District; and (04-0350-1) A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Nadel",168,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78730 C.M.S. The following individual(s) spoke in favor of this item:",169,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Carlo Busby Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened 10:10PM.",170,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brunner 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,",171,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8 Item 14.3.07-20-04pdf, 78730 CMS.pdf 2) A Resolution authorizing payment of the Temescal/Telegraph Avenue Property Business Improvement District of 2005 Assessment for the City owned property (APN 014-1219-003-00 - the Temescal Library) in an amount not to exceed a total of $1,824.78 for the Fiscal Year 2004-2005 assessment period. (04-0350-2) A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:",172,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"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 Councilmember Chang Resolution Number 78731 C.M.S. Item 14.3.07-20-04pdf, 78731 CMS.pdf 14.4 Subject: Tree Permit Appeal-4437 Mountain View Avenue - Public Hearing From: Office of Parks and Recreation Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution denying the appeal filed by Guy Moore and Shirley Leonard-Moore against the decision of the Director of the Office of Parks and Recreation approving the issuance of a tree removal permit -",173,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"DR04-021 at 4455 - Mountain View Avenue (Councilmember Brooks - District 6) (04-0524) Continued to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 9/21/2004 The following individual(s) spoke and indicated a neutral position on this item: - Shirley Moore Council Report Item 14.6 19-21-04.pdf, Supplemental Council Report 14.69-21-04.pdf, Resolution 78799.pdf ACTION ON NON-CONSENT ITEMS: 15 Subject: Cannabis Initiative Petition From: Office of the City Clerk Recommendation: Receive a Report from the City Clerk on the results of signature verification of the Oakland Cannabis Initiative Petition and adopt the following legislation: (04-0626) Scheduling Request.pdf, Item 15. 07-20-04pdf, 78733 CMS.pdf",174,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"1) A Resolution submitting to the voters a Proposed Initiative Ballot Measure - an Ordinance that would require that the City of Oakland (1) Make investigation, citation and arrest for private adult cannabis (marijuana) offenses the City's lowest law enforcement priority;",175,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(2) Advocate through its lobbyist and City officers for changes in state and other laws to (a) allow and authorize taxation and regulation of cannabis marijuana) for adults and eliminate criminal penalties for private, adult cannabis use, (b) grant local control to cities and counties",176,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"to license and regulate cannabis businesses and collect appropriate fees and taxes, and (c) end the prosecution arrest, investigation and imprisonment for adult private cannabis offenses; (3) Establish a system to license, tax and regulate cannabis (marijuana) sales if California law is",177,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"amended to allow and authorize such actions; and (4) Create a committee to oversee the Ordinance's implementation and disbursement of revenue from licensing and taxation of businesses that sell Cannabis; at the General Municipal Election to be held on Tuesday,",178,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"November 2, 2004; and directing the City Clerk to fix the date for submission of arguments and to provide for notice and publication in accordance with law and requesting the County Board of Supervisors to consolidate Oakland's Election with the Statewide General Election",179,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"(04-0626-1) A motion was made by Councilmember Wan, seconded by President of the Council De La Fuente, that this matter be Adopted as Amended. The motion carried by the following vote: Votes: ORA\Councilmember Noes: 2 - Councilmember Reid and Councilmember Chang ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente and Councilmember Brooks",180,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,Resolution Number 78733 C.M.S.,181,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual(s) spoke in favor of this item: - Judy Appel",182,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Dale Gieringer - Mikki Norris",183,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Chris Conrad - Joe DeVries",184,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke and did not indicate a position on this item:,185,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Katherine Moore - Svea O'Banion",186,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Wan made a motion, seconded by Agency/Council",187,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"President De La Fuente, to adopt the resolution on item 15 and amend the Ballot Question to read as follows:",188,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"""Measure , shall the ordinance requiring City of Oakland (1) to make law",189,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"enforcement related to private adult cannabis (marijuana) use, distribution, sale, cultivation and possession, the City's lowest law enforcement priority; (2)",190,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"to lobby to legalize, tax and regulate cannabis for adult priviate use, distribution, sale, cultivation and possession, and allow taxation; (3) to license,",191,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"tax and regulate cannabis sales if California law is amended to allow such actions; and (4) to create a committee to oversee the ordinance's",192,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"implementation be adopted?""",193,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and also directing the City Attorney to research the legality and validity of the ballot measure and authorize the City Attorney to take action necessary to address legal issues that the City Attorney identifies, 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 Item 15. 07-20-04pdf, 78733 CMS.pdf Councilmember Nadel made a motion, seconded by Vice Mayor Chang, to extend the meeting past 10:30 p.m. 16 Subject: Community Policing and Violence Prevention Ballot Measure",194,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: City Administrator's Office/Office of the City Attorney Recommendation: Adopt a Resolution submitting, on the City Council's own motion, to the Electors at the November 2, 2004 General Election, a proposed Ordinance (1) creating a special parcel tax and (2) increasing the parking tax, (3) increasing the Business License Tax for massage establishments and liquor stores in order to fund violence and crime prevention programs; consolidating the Election with the Statewide Presidential Election; and directing the",195,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"City Clerk to fix the date for submission of arguments and provide for notice and publication in accordance with the November 2, 2004, Statewide Presidential Election (04-0389-6c) A motion was made by Councilmember Quan, seconded by Councilmember Wan, that this matter be Approve as Amended. The motion carried by the following vote: Votes: ORA\Councilmember Noes: 1 - Councilmember Brooks ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang",196,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke in favor of this item:,197,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Michele Clark,198,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Bill Ashley,199,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Audrey Grisby,200,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Sylvester Grisby, Sr.",201,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Darryl Ham,202,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,203,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual (s) spoke against this item:,204,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Judi Hirsh,205,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Thomas Priestley,206,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Steven Edrington,207,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Andre Spearman,208,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Aaron Shuman,209,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- David Wofford,210,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Nancy Rieser,211,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Elder Freeman,212,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Richard Philips,213,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Lynda Carson,214,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- James Vann,215,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Vildred Dawson,216,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Rashidah Grinage,217,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,218,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke and did not indicate a position on this item:,219,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Auegra Williams,220,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Charles Porter,221,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Hannah James",222,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Colleen Brown,223,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Orlando Johnson,224,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,-,225,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,anoa -,226,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Mark Daly,227,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Sanjiv Handa,228,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,229,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Quan made a motion, seconded by",230,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Wan, to adopt the resolution on Item 16, with the",231,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,following amendments:,232,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,233,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The Ballot Question,234,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"1) the language ""lots and garages"" will be replaced with ""facilities"";",235,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,236,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,In the Resolution,237,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"2) Part 1, Section 3, Paragraph 2, B will include the following language at the",238,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"end of the paragraph: ""will includes expand truancy enforcement programs to",239,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"keep kids in school"";",240,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,241,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"3) Part 1, Section 3, Paragraph 2, C will include the following language at the",242,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"end of the paragraph: ""expand early childhood intervention programs for",243,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"children exposed to violence in the home at an early age. "";",244,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,245,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"4) Part 2, Section 4, Paragraph, will be revised to include the word ""sworn""",246,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"accordingly "" appropriation for staffing of sworn uniformed police. "";",247,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,248,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"5) Part 3, Section 2 (C), shall include the following additional language:",249,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"""The tax for a Non-residential Parcels is calculated using both frontage and",250,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,square footage measurements to determine total Single Family Resident Unit,251,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Equivalents. A frontage of 80 fee for a commercial/industria. parcel, for",252,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"example, is equal to one (1) single family resident unit equivalent. (See matrix.)",253,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"An area of 6,400 square feet for the commercial industrial parcel is equal to (1)",254,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,single family resident unit equivalent. The tax is the annual rate ($45.07),255,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,multiplied by the total number of Single Family equivalents (determined by the,256,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,frontage and square footage.),257,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,258,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Nadel made a Substitute motion, seconded by",259,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brooks to adopt the resolution on Item 16, with the",260,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"following amendments: Reduction of the police by 11 to make it 50/50, reduce",261,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"parcel taxes for multi unit owners, and conduct a Nexus evaluation to use car",262,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,rental tax fees to make up for the 11 officers.,263,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,264,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and hearing no objections, the motion failed by the following vote 2 Ayes, 5",265,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Noes- Chang, Quan, Reid, Wan and De La Fuente, 1 Abstained - Brunner",266,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,267,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,THE SUBSTITUTE MOTION FAILED DUE TO A LACK OF AYES AND,268,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,NOILLOW NIVW 3HH O.L TIONnOO,269,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,270,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and hearing no objections, the Main motion passed by Ayes:",271,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and",272,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"President of the Council De La Fuente - -7, Noes: Nadel-1 Item 3 Report & Legislation 6-2-04.pdf, Item 16. 07-20-04 pdf, 78734 CMS.pdf 17",273,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Subject: Phoenix Model Implementation Report From: Office of the City Attorney Recommendation: A Discussion and Action on a report regarding allocating costs of general liability claims among City agencies according to a model used by the City of Phoenix (04-0637) A motion was made by Councilmember Brunner, seconded by Councilmember Wan, that this matter be Approved. 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 Councilmember Chang",274,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual(s) spoke in favor of this item: - Rashidah Grinage - Vildred Dawson",275,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Jacqueline Thomason The following individual(s) spoke and did not indicate a position on this item:",276,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Sanjiv Handa Agency/Councilmember Brunner made a motion, seconded by",277,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Wan, directing staff to implement the recommendations of the January 6, 2004 City Council and return to the Finance and Management Committee in the fall with a status report on the implementation of the Phoenix",278,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"model for the Public Works Agency and the Police Department, 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",279,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Fuente -8 Scheduling Request.pdf, Item 17.07-20-04 pdf 18 Subject: Solar Power Project From: Public Works Agency Recommendation: Adopt a Resolution authorizing the City Administrator to accept and appropriate approximately $3,839,258 in rebates from Pacific Gas and Electric Company for implementing a one megawatt solar power and energy efficiency project (04-0625c) A motion was made by Councilmember Wan, seconded by Councilmember Reid, that this matter be Adopted. The motion carried by the following vote: Votes:",280,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78735 C.M.S. Item 18. 07-20-04 pdf, 78735 CMS.pdf S-18.1 Subject: Solar Power Project From: Public Works Agency Recommendation: Adopt the following legislation regarding a solar power project:",281,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"1) A Resolution authorizing the City Administrator to implement a one megawatt solar power and energy efficiency project by appropriating and allocating funds in the total amount of $7,759,500; and entering into an agreement with PowerLight Corp. in an amount not to exceed $7,214,338 (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES); and (04-0625) Adopted Resolution Number 78736 C.M.S.",282,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Contract Number 04-1792 Committee Report Item 77-13-04.pdf, Council Report Item S18-1 7-20-04.pdf, Item S18.2.pdf, 78736 CMS.pdf 2) A Resolution authorizing the City Administrator to solicit, and enter into agreements for 15-year financing in an amount not to exceed $3,138,858 and temporary construction financing in an amount not to exceed $1,000,000 for implementing a one megawatt solar power and energy efficiency project; and (04-0625a) A motion was made by Councilmember Wan, 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",283,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78737 C.M.S. Contract Number 04-1793 Item 77-13-04.pdf, Item S18.1.pdf, Item S18.2.pdf, 78737 CMS.pdf 3) An Agency Resolution authorizing the Agency to accept a 337 kilowatt solar power system and other energy efficiency improvements for the Oakland Ice Center at 519 18th Street and to provide for annual payments not to exceed $130,000 to the City for fifteen years (04-0625b) A motion was made by Councilmember Wan, 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",284,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang ORA Resolution Number 2004-41 C.M.S. Item 77-13-04.pdf, Item S18.1.pdf, Item S18.2.pdf, 2004-41 CMS.pdf S-18.2 Subject: One Megawatt Solar Power Project From: Office of the City Auditor Recommendation: Receive the City Auditor's report regarding the Resolutions authorizing the",285,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"City Administrator and Agency Administrator to implement a One Megawatt Solar Power Project by: Soliciting and enterning into agreements for 15-year financing and temporary construction financing; allocating funds in the total amount of $7,759,500; entering into an agreement with Powerlight Corp. in an amount not to exceed $7,214,338; accepting and appropriating approximately $3,839,258 in rebates from Pacific Gas and Electric Company; and taking related actions on behalf of the Redevelopment Agency (04-0625 ca) A motion was made by Councilmember Wan, seconded by Councilmember",286,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Reid, that this matter be *Received and Filed. The motion carried by the following vote: Votes: DRA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Item S18.2.pdf, Item S18.1.pdf 19 Subject: Rehabilitation of Sanitary Sewers From: Public Works Agency Recommendation: Adopt a Resolution authorizing the City Administrator to reject all bids and",287,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"to rebid the rehabilitation of sanitary sewers in the area bounded by Crest, Michigan, 82nd Avenue, and MacArthur Boulevard - Subbasin 84-112, Project No. (C158110) using new revised standard specifications (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES) (04-0628) 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",288,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78738 C.M.S. Scheduling Request.pdf, Item 19.07-20-04 pdf, 78738 CMS.pdf 20 Subject: Tree Appeal - 6036 Contra Costa Road From: Public Works Agency Recommendation: Adopt a Resolution to amend Resolution No. 77953 C.M.S. and Tree Removal Permit DR01-154 Conditions of Approval regarding a Tree Removal Permit Appeal at 6036 Contra Costa Road (04-0630) A motion was made by Councilmember Brunner that this matter be Adopted. The motion carried by the following vote: Votes:",289,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78739 C.M.S. The following individual(s) spoke in favor of this item: - Stephen Glaudemans - Guita Boostani Scheduling Request.pdf, Item 20. 07-20-04 pdf, 78739 CMS.pdf 21",290,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Subject: Assembly Bill 2782 From: Office of the City Attorney Recommendation: Adopt a Resolution declaring the City of Oakland's position on the following 2004 State Legislation support for Assembly Bill 2782. Public Agencies, Joint Powers Agencies, Meetings. Assemblyman Benoit (04-0643) A motion was made by Councilmember Wan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Absent: 1 - Councilmember Reid ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Brooks and Councilmember Chang Resolution Number 78740 C.M.S Item 21. 07-20-04 pdf, 78740 CMS.pdf",291,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"22 Subject: Oakland Workforce Investment Board - Ultimate Staffing From: Community and Economic Development Agency Recommendation: Adopt the following legislation regarding the Workforce Investment Board's Business Services Plan: 1) A Resolution authorizing the appropriation of all revenues generated through the implementation of the Oakland Workforce Investment Board's Business Services Plan to",292,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"business service activities; and (04-0399) A motion was made by Councilmember Brunner, 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 Councilmember Chang Resolution Number 78741 C.M.S. 04-0399.pdf, Item 4 6-22-04.pdf, Item 10.20-1CC 07-06-04.pdf, Item 22. 07-20-04 pdf,",293,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"78741 CMS.pdf 2) A Resolution authorizing a contract for professional services with Ultimate Staffing to provide business services on behalf of the Oakland Workforce Investment Board from July 1, 2004 through June 30, 2005, in an amount not to exceed $350,000 (04-0399a) A motion was made by Councilmember Brunner, seconded by Councilmember Wan, that this matter be Adopted. The motion carried by the following vote: Votes: ORA\Councilmember Abstained: 2 - Councilmember Nadel and Councilmember Brooks ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang Resolution Number 78742 C.M.S. Contract Number 04-1794",294,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Item 4 6-22-04.pdf, Item 10.20-2CC 07-06-04.pdf, Item 22. 07-20-04 pdf, 78742 CMS.pdf 23 Subject: Closeout of 1992 Residential Recycling Agreement From: Public Works Agency Recommendation: Adopt a Resolution authorizing the City Administrator to execute an Agreement with California Waste Solutions (CWS) in the amount of $109,405 to pay for the closeout of CWS' 1992 Residential Recycling Agreement and for both parties to indemnify",295,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"each other for any claims resulting from the provision of residential recycling services for the period of September 9, 1992 through May 4, 2004 (04-0552) A motion was made by Councilmember Nadel, seconded by Councilmember Chang, 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 Councilmember Chang Resolution Number 78743 C.M.S. Scheduling Request.pdf, Item 23. 07-20-04 pdf, 78743 CMS.pdf 24 Subject: Patrick Daughton and Keshonda East Perkins",296,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Children's Fund Planning and Oversight Committee From: Councilmember Brunner Recommendation: Adopt a Resolution reappointing Patrick Daughton and Keshonda East Perkins as members of the Children's Fund Planning and Oversight Committee (04-0634) A motion was made by Councilmember Quan, 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 Councilmember Chang Resolution Number 78744 C.M.S. Item 24. 07-20-04 pdf, 78744 CMS.pdf 25 Subject: Nicole Franklin and Michael Lighty - City Planning Commission",297,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: Office of the Mayor Recommendation: Adopt a Resolution reappointing Nicole Franklin and Michael Lighty as members of the City Planning Commission (04-0641) A motion was made by Councilmember Quan, 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 Councilmember Chang Resolution Number 78745 C.M.S. Item 25. 07-20-04 pdf, 78745 CMS.pdf 26 Subject: Alfred Lee - Oakland Housing Authority From: Office of the Mayor Recommendation: Adopt a Resolution reappointing Alfred Lee as a member of the Oakland",298,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Housing Authority (04-0642) A motion was made by Councilmember Quan, 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 Councilmember Chang Resolution Number 78746 C.M.S. Item 26. 07-20-04 pdf, 78746 CMS.pdf S-27 Subject: City of Oakland Infrastructure Needs From: Public Works Agency Recommendation: A continued discussion and action on a follow-up report and adopt a",299,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Resolution establishing prioritization methods for the City of Oakland's facilities and structures, parks and open space, sewers, storm drains, streets sidewalks, and traffic improvement infrastructure needs (04-0226-1) 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 Councilmember Chang Resolution Number 78747 C.M.S. Item 3 17-13-04.pdf, Item S27.pdf, 78747 CMS.pdf S-28",300,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Subject: Summer Recess Purchase Authorizations From: Office of the City Administrator Recommendation: Adopt a Resolution authorizing the City Administrator to take action on procurement of the following supplies and services exceeding $500,000 and professional services contracts exceeding $150,000 during the Oakland Redevelopment Agency /City",301,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Council 2004 Summer Recess: 1) Authorization to negotiate and execute a professional services contract for transportation planning services with the selected consultant in an amount not to exceed $156,000 from the Fruitvale Alive Environmental Justice Grant; and (04-0612) A motion was made by Councilmember Reid, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following",302,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"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 Councilmember Chang Resolution Number 78748 C.M.S Contract Number 04-1795 Committee Report Item 6 7-13-04.pdf, Council Report Item S28 7-20-04.pdf, 78748 CMS_V2.pdf 2) Authorization to increase the change order limit by $115,000 on the construction contract with Ray's Electric for the Eastlake Streetscape and Pedestrian Enhancement Project, for a total contract amount not to exceed $1,909,685. (Project Number G174710) (04-0612a) Contract Number 04-1796 Council Report Item S28 7-20-04.pdf, 78748 CMS.pdf 3) Authorization to award a construction contract to the lower responsible bidder for a not to",303,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"exceed amount of one hundred fifty thousand dollars ($150,000) for the installation of merchant kiosks at the Frank Ogawa Plaza, without return to the Council/Agency, provided that if bids are not received or are non-responsive, the City/Agency Administrator may reject all bids and negotiate and award the contract not to exceed $150,000, without return to the Council/Agency, and reprogram funds for this purpose; and (04-0612b) Contract Number 04-1797 Committee Report Item 67-13-04.pdf, Council Report Item S28 7-20-04.pdf, 78748 CMS.pdf 4) Authorization to use Redevelopment Agency funds, or alternative non-Agency funds, in the amount of one hundred fifty thousand dollars ($150,000) for the installation of merchant kiosks at the Frank Ogawa Plaza, and making supporting findings (04-0612c) Committee Report Item 6 7-13-04.pdf, Counciil Report Item S28 7-20-04.pdf,",304,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"78748 CMS.pdf S-29 Subject: Office Supply Vendors - Toner Cartridges From: Finance and Management Agency Recommendation: Adopt a Resolution awarding two contracts to the lowest responsible, responsive bidders, Corporate Express, Inc., for miscellaneous office supplies, and Give Something Back for laser printer toner cartridges and recycled content, Dioxin free paper, in an",305,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"amount not to exceed $1,100,000.00 per year in accordance with Specification No. 07-615-00-01 for the two-year period of July 15, 2004 to June 30, 2006, and authorizing, without return to Council, extension of said contracts one year at a time for a total of three additional years (04-0588) 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",306,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"De La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember Chang Resolution Number 78749 C.M.S. Contract Number 04-1798 Committee Report Iterm 10 7-13-04.pdf, Council Report Item S29 7-20-04.pdf, 78749 CMS.pdf S-30 Subject: Street Tree Protection From: Councilmember Brunner Recommendation: Approve the Introduction (First Reading) of an Ordinance amending Oakland Municipal Code Sections 12.36.010 and 12.36.090 and adding a new Section 12.04.400 for the purpose of further protecting Oakland's City-owned street trees (.04-0543) A motion was made by Councilmember Brunner, seconded by",307,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Councilmember Reid, 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 September 21, 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 Councilmember Chang Resolution NumberThe following individual(s) spoke and did not indicate a position on this item: - Gabriel Union Council Report 7 6-22-04.pdf, Committee Report Item 3 7-13-04.pdf",308,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Council Report Item S30 7-20-04.pdf, Council Report Item 20.pdf S-31 Subject: Oakland Trust for Clean Water and Safe Parks From: Public Works Agency Recommendation: Adopt a Resolution authorizing the implementation plans for the Oakland Trust for Clean Water and Safe Parks, Measure DD, Creek Restoration, Watershed Acquisition and Lake Merritt Water Quality Programs (04-0422) A motion was made by Councilmember Nadel, 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",309,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Councilmember Chang Resolution Number 78750 C.M.S. 04-0422.pdf Item 4 7-13-04.pdf, Item S31.pdf, 78750 CMS.pdf S-32 Subject: Oakland City Stables From: Office of Parks and Recreation Recommendation: Discussion and action on a report and recommendations to issue a Request for Proposals for the operation of Oakland City Stables and to proceed with Capital Improvements (04-0609) A motion was made by Councilmember Reid, seconded by Councilmember Quan, that this matter be Approved. The motion carried by the following vote:",310,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Votes: ORA\Councilmember Noes: 2 - Councilmember Nadel and Councilmember Brooks ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember Wan, Councilmember Quan, President of the Council De La Fuente, Councilmember Reid and Councilmember Chang",311,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke in favor of this item:,312,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Ondriette Johnson,313,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Jaye Shupin,314,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Merrilee Mitchell,315,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Judi Bank,316,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Carol Balfe,317,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,318,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,The following individual(s) spoke and did not indicate a position on this item:,319,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Katherine Moore,320,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Michael Smith,321,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- M. Kathy Dunn,322,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- C'Dell Johnson",323,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,- Elena Knox,324,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Bill Ritchie",325,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"- Susan Burnett",326,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,327,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Reid made a motion, seconded by",328,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Quan, to approve the recommendations of the July 13,",329,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,2004 Life Enrichment Committee to approve the recommendation to proceed,330,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"with the Request for Proposals, with no capital improvements, on Item S-32,",331,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,332,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Brooks made a Substitute Motion, seconded by",333,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember Nadel, to approve $90,000 for capital improvements to",334,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"the City Stables, an additional $4,000 per month for continuing operations, in",335,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"addition to Request for Proposals, and hearing no objections, the motion failed",336,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"by Ayes: Agency/Councilmember: Brooks, Nadel -2, Noes: Brunner, Chang,",337,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Reid, Quan, Wan and President of the Council De La Fuente -6",338,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,339,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,THE SUBSTITUTE MOTION FAILED DUE TO A LACK OF AYES AND AT,340,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,THAT TIME COUNCIL RETURNED TO THE MAIN MOTION.,341,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,,342,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"and hearing no objections, the Main Motion passed by Ayes:",343,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Agency/Councilmember. Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and",344,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"President of the Council De La Fuente -6 Noes: Brooks Nadel - 2 Scheduling Request.pdf, Item 57-13-04.pdf, Item S32.pdf S-33 Subject: Cultural Service Contracts",345,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"From: Cultural Arts and Marketing Department Recommendation: Adopt a Resolution authorizing the City Administrator to enter into cultural services contracts with 67 Oakland-based nonprofit organizations and individual artists providing arts and cultural services in Oakland during Fiscal Year 2004-2005 in a total amount not to exceed $1,306,517 (04-0425) 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 Councilmember Chang",346,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Resolution Number 78751 C.M.S. Contract Number 04-1799 04-0425.pdf, Item 67-13-04.pdf, Item S33.pdf, 78751 CMS.pdf S-34 Subject: Swinerton Builders - Police Administration Building From: Public Works Agency Recommendation: Adopt a Resolution authorizing the City Administrator to amend the",347,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"professional services contract with Swinerton Builders for Construction Manager At-Risk Services to include the construction phase of the Police Administration Building Weak Story Seismic Retrofit Phase I Project and to either (1) increase the contract compensation amount by $8 million for a total contract amount not to exceed $8.5 million if the Federal government",348,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"approves Federal Emergency Management Agency (""FEMA"") Grant Funds for the project or, (2) increase the contract compensation amount by $5.5 million of Measure I funding (Bond funding for public safety purposes) for a total contract amount of $6 million, if FEMA grant funds are not approved (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS",349,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES) (04-0622) A motion was made by Councilmember Reid, seconded by Councilmember Chang, 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 Councilmember Chang Resolution Number 78752 C.M.S. Contract Number 04-1800",350,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa Scheduling Request.pdf, Item 97-13-04.pdf, Item 9 Auditor Report 7-13-04.pdf, Item S34.pdf, 78752 CMS.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 at 2:36 a.m.",351,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"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 make reasonable arrangements to ensure accessibility.",352,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings. Office of the City Clerk",353,OaklandCityCouncil/2004-07-20.pdf OaklandCityCouncil,2004-07-20,"Phone: (510) 238-7370 Fax: (510)238-6699 Recorded Agenda: (510)238-2386 Telecommunications Display Device: (510) 839-6451 (TDD) City Clerk and Clerk of the Council",354,OaklandCityCouncil/2004-07-20.pdf