body,date,text,page,path
OaklandCityCouncil,2003-09-16,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Final
Oakland, California
94612
Ceda Floyd, City Clerk
Concurrent Meeting of the Oakland
Redevelopment Agency/City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
6:00 PM
Oakland City Hall, 3rd Floor
Tuesday, September 16, 2003
A meeting of the Joint Oakland Redevelopment Agency and City Council was held on
the above date. Opening with the Pledge of Allegiance, the meeting was convened at 6:
05 p.m.
1
Pledge of Allegiance
Roll Call/ORA & Council
2
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,
and President Ignacio De La Fuente, Dist. 5
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Present:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, Councilmember Brooks, Councilmember Reid and
Councilmember Chang
President Pro Tempore Brunner presided as Chairperson.
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
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.
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"")
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.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on July 29, 2003
8. Presentation of Ceremonial Matters
Subject:
Viola Gonzales
8.1
From:
Mayor Brown
Recommendation: Presentation of a Proclamation acknowledging service to
the Oakland Unified School District By Mayoral School Board Appointee Viola
Gonzales
9. Council Acknowledgements / Announcements",1,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Councilmember Brooks requested that the meeting be adjourned in the memory of
Sheila Fajors and Murphy Dice
Councilmember Quan requested that the meeting be adjourned in the memory of Carol
Sanchez and John Ogbu
Councilmember Chang requested that the meeting be adjourned n the memory of
William Chan.
10. CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be
acted upon by one motion of the City Council, unless a member of the public or
a Councilmember requests the opportunity to speak on an item noticed.
Subject: Declaration of a Local Emergency due to AIDS epidemic
10.1
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City
Council's Declaration of a Local Emergency due to the existence of a critical
public health crisis with regard to the AIDS epidemic
Attachments:
9-30-03.pdf
78038 CMS.pdf,
78068 CMS.pdf
Resolution Number 78038 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78038
Subject:
Medical Cannabis health emergency
10.2
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
10.2CC 9-30-03.pdf,
Attachments:
10.2CC.pdf,
78039 CMS.pdf,
78069 CMS.pdf,
78111 pdf
Resolution Number 78039 C.M.S
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78039
Subject: Margaret Russell Oakland Museum of California Foundation
10.3
From:
Office of the Mayor
Recommendations: Adopt a Resolution appointing Margaret M. Russell as a
member of the Oakland Museum of California Foundation
Attachments:
78040 CMS.pdt",2,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"The following individual spoke on Item 10.3 CC and did not indicate a position:
- Sanjiv Handa
Resolution Number 78040 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78040
Subject:
Gloria Cox Health and Human Services Commission
10.4
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Gloria Cox Crowell as a
member of the Health and Human Services Commission
Attachments:
78041 CMS.pdf
Resolution Number 78041 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78041
Subject: Benjamin Scott Budget Advisory Committee
10.5
From:
Office of Mayor
Recommendation: Adopt a Resolution appointing Benjamin Scott as a member
of the Budget Advisory Committee
Attachments:
78042 CMS.pdf
The following individual spoke on Item 10.5 CC and did not indicate a position:
-
Sanjiv Handa
Resolution Number 78042 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
1 -
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78042
Subject:
Gwen McDonald and Marcus Clark Civil Service Board
10.6
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Gwen McDonald and re-
appointing Marcus Clark as members of the Civil Service Board
Attachments:
78043 CMS. pdf",3,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"The following individual spoke on Item 10.6 CC and did not indicate a position:
- Sanjiv Handa
Resolution Number 78043 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78043
Subject:
Hillery Bolt Trippe and Jean Rubsamen Housing,
10.7
Residential Rent and Relocation Board
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe and Jean
Rubsamen as members of the Housing, Residential Rent, and Relocation
Board
Attachments:
20 9-30-03.pdf
*Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Alex Pedersen
10.8
From:
Councilmember Wan
Recommendation: Adopt a Resolution appointing Alex Pedersen as
Councilmember Wan's District Two Adult Representative member of the
Children's Fund Planning and Oversight Committee
Attachments:
78044 CMS.pdf
The following individual spoke on Item 10.8 CC and did not indicate a position:
- Sanjiv Handa
Resolution Number 78044 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78044
Subject: Benjamin Fay Budget Advisory Committee
10.9
From:
Councilmember Chang
Recommendation: Adopt a Resolution appointing Benjamin Fay as At-Large
Representative as a member of the Budget Advisory Committee
Attachments:
78045 CMS.pdf
The following individual spoke on Item 10.8 CC and did not indicate a position:
Sanjiv Handa
Resolution Number 78045 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:",4,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78045
Subject:
Marcia McClean Settlement Agreement
10.10
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Marcia McClean v. City of
Oakland, et al., Alameda County Superior Court Case No. 2001-023537, our
file no. 21563, in the amount of
$7,500.00 (Public Works Agency)
Attachments:
78046 CMS.pdf
Resolution Number 78046 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7.
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78046
Subject:
Conco Cement Settlement Agreement
10.11
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Conco Cement, in the amount of
$10,610.64, as a result of property damage sustained when the driver of a City
of Oakland vehicle rear-ended the vehicle driven by Ashley N. Watson (
Oakland Police Department)
Attachments:
78047 CMS.pdt
Resolution Number 78047 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78047
Subject: Antonous Boykin Settlement Agreement
10.12
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claim of Antonous Boykin in the amount
of $5,600.00 as a result of a vehicle collision involving a City vehicle (Oakland
Police Department)
Attachments:
78048 CMS.pdf
Resolution Number 78048 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:",5,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"President of the Council De La Fuente
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78048
Subject:
Jermain Jenkins, Jada Powell et. al. Settlement Agreement
From:
Office of the City Attorney
10.13
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Jermain Jenkins, Jada Powell as
the guardian ad litem for Jatasia Jenkins, Jermain Jenkins Jr., Earsey Jenkins,
and their attorney of record Craig M. Boeger, Esq. in the amount of twenty
thousand seven hundred fifty dollars and no cents ($20,750.00), as a result of
bodily injuries sustained when a City employee driving a City vehicle failed to
stop at the red signal light and collided with the vehicle driven by Jermain
Jenkins (Public Works Agency)
Attachments:
78049 CMS.pdf
Resolution Number 78049 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78049
Subject:
Kereem Thurston Settlement Agreement
10.14
From:
Office of the City Attorney
CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Kereem Thurston v. City of
Oakland, et. al., United States District Court Case No. C-01 3839 WDB, our file
no. 21395, in the amount of $15,000.00; This case involves a claim of use of
excessive force (Oakland Police Department-Alleged Civil Rights Violation)
Attachments:
10.7ACC.pdf,
78116.pdf
*Withdrawn with No New Date
Subject: Chesarae Fletcher and Jeffrey Fletcher Settlement Agreement
10.15
From:
Office of the City Attorney
CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Chesarae Fletcher and Jeffrey
Fletcher v. City of Oakland, Superior Court, County of Alameda, Case No.
2002041360 in the amount of
$8,500.00 (Public Works Agency)
Attachments:
78050 CMS.pdf
Resolution Number 78050 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang",6,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Enactment No: 78050
Subject:
Daniel McClosky Settlement Agreement
10.16
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Daniel McClosky V. City of
Oakland, Superior Court, County of Alameda, Case No. 2002065331 in the
amount of $10,000.00 (Public Works Agency)
Attachments:
78051 CMS.pdf
Resolution Number 78051 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78051
Subject:
Progressive Insurance Settlement Agreement
10.17
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claim of Progressive Insurance as
Subrogee of Beatrice Pecot in the amount of $14,063.06 as a result of a vehicle
collision involving a City vehicle
(Oakland Police Department)
Attachments:
78052 CMS.pd
Resolution Number 78052 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78052
Subject: Kerry Salisbury Settlement Agreement
From:
Office of the City Attorney
10.18
Recommendation: Adopt a Resolution authorizing and directing the City
CC
Attorney to compromise and settle the case of Kerry Salisbury v. City of
Oakland, Alameda County Superior Court No. 2002-040857, our file no. 21795,
a defamation and breach of contract case in the amount of $9,000.00; Mr.
Salisbury, a former employee, claims that comments made after his departure
in June 2001 were defamatory and violated a written agreement with the City (
Life Enrichment Agency)
Attachments:
78053 CMS. pdf
Resolution Number 78053 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:",7,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78053
Subject:
Jackie Stewart Settlement Agreement
10.19
From:
Office of the City Attorney
CC
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Jackie Stewart v. City of
Oakland, Alameda County Superior Court No. 2001-035552. our file no. 21404,
a personal injury case in the amount of $8,500.00; Ms. Stewart tripped and fell
in a pothole on Lincoln Way (Public Works Agency)
Attachments:
78054 CMS.pdt
Resolution Number 78054 C.M.S.
A motion was made that this matter be Adopted. The motion carried by the
following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78054
Subject:
Oakland's Stolen Gun Ordinance
10.20
From:
Oakland Police Department
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending Sections 9.36.131 and 9.36.141 of the Oakland Municipal
Code providing a 60 day reporting period during which the owner or person in
possession of a firearm is required to report the theft or loss of a firearm
occurring between August 1, 1992 and July 30, 2002
Attachments:
12529 CMS.pdf
Ordinance Number 12529 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12529
Subject:
Paul Wang Enterprises
From:
Community and Economic Development Agency
10.21
Recommendation: Approve recommendations for the following legislation:
CC
1) Approve the Final Passage (Second Reading) of an Ordinance rescinding
Ordinance 12223 C.M.S., and transferring ownership of six City-owned
properties at 2824 82nd Avenue, 8207 Golf Links Road, 8251-8329 Golf Links
Road, 8379 Golf Links Road, 8477 Golf Links Road, and 8395 Golf Links Road
to the Redevelopment Agency of the City of Oakland; and
Attachments:
12530 CMS.pdf
Ordinance Number 12530 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:",8,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Councilmember Brooks
ORAICouncilmember Abstained:
1 -
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6
Councilmember Quan, Councilmember Reid and Councilmember
Chang
Enactment No: 12530
2) Approve the Final Passage (Second Reading) of Ordinance rescinding
Ordinance 12217 C.M.S. and authorizing the negotiation and execution of a
Disposition and Development Agreement with Paul Wang Enterprises, to
provide for the sale and development of nine City-owned properties at 938 46th
Street, 62nd Street at Marshall Street, 1027 62nd Street, 1311 Campbell
Street, 820 Peralta Street, 901 70th Avenue, 1088 71st Avenue, 3214
Courtland Avenue, and 2849 Kitchener Court/4291 Wilshire Boulevard, with six
units of affordable housing and six units of market-rate housing
-
Attachments:
12531 CMS.pdf
Ordinance Number 12531 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:
Councilmember Brooks
ORA)Councilmember Abstained:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6-
Councilmember Quan, Councilmember Reid and Councilmember
Chang
Enactment No: 12531
Subject:
Oakland Base Reuse Authority Joint Powers Agreement
10.22
From:
Community and Economic Development Agency
CC
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
altering the Port area boundary to include and exclude various specified parcels
at and adjacent to the former Oakland Army Base
Attachments:
12532 CMS.pdf
The following individual spoke on Item 10.22 CC and did not indicate a position:
Sanjiv Handa
Ordinance Number 12532 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12532",9,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Subject:
Commercial Business Security Devices
10.23
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending the Oakland Planning Code to prohibit the use of barbed
wire and razor wire in the Commercial and S-1, S-2, S-3, and S-15 Zoning
Districts; establish fence height limits in these districts; and relocate fence
regulations within the Code
Attachments:
12533 CMS pdf
The following individual spoke on Item 10.5 CC and did not indicate a position:
- Sanjiv Handa
Ordinance Number 12533 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12533
Subject:
9507 Edes Avenue Disposition and Development
10.24
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance rescinding Ordinance No. 12219 C.M.S., and authorizing the sale of
the City-owned property at 9507 Edes Avenue to the Redevelopment Agency at
its fair market value; and
Attachments:
12534 CMS.pdf
Ordinance Number 12534 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12534
Subject:
Palo Seco Substation Expansion
From:
Community and Economic Development Agency
10.25
Recommendation: Approve the Final Passage (Second Reading) of an
CC
Ordinance authorizing the City Manager to enter into a purchase and sales
agreement in the amount of six thousand three hundred dollars ($6,300.00)
with Pacific Gas and Electric Company to grant a permanent easement for
expansion of Palo Seco Substation to provide emergency back up power to the
Oakland Hills over the City owned property located on Monterey Blvd. (APN:
029A 133003400)
Attachments:
12535 CMS.pdf
Ordinance Number 12535 C.M.S.
A motion was made that this matter be Approved for Final Passage. The motion
carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:",10,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12535
President Pro Tem Brunner recessed the Ceremonial Presentation and Consent
Calendar portion of the meeting at 6:33 p.m. and reconvened the meeting at 7:02 p.m.
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
11
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed
Session
A motion was made by Councilmember Brooks, seconded by Councilmember
Reid, to Accepted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
The Council made a final decision in Closed Session on one item of pending litigation:
NAME OF CASE: Janae Carter V. City of Oakland
This matter is listed as Item 2F on the Closed Session Agenda
The City Council authorized settlement of this matter for $30,000.00. Plaintiff filed this
action after she slipped and fell on a three-inch ridge on a City street. She contended
that the condition of the street constituted a defect in City property. The fall fractured
Plaintiff's ankle. She underwent two surgeries and has metal screws in her ankle. A
physician has said further surgery is likely.
Motion Made by: Councilmember
Brooks
Motion Seconded by: Councilmember
Reid
(7) Ayes: Brooks Brunner Chang Nadel Quan Reid Wan De La Fuente =7
Noes: Brooks Brunner Chang Nadel Quan Reid Wan De La Fuente =0
(1) Absent: Brooks Brunner Chang Nadel Quan Reid Wan De La Fuente =
1
Abstentions: Brooks Brunner Chang Nadel Quan Reid Wan President De La
Fuente =0
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance
No action was taken on this item.
13
Reconsideration of Ordinances pursuant to Charter Section 216
No action was taken on this item.
Consideration of items with statutory Public Hearing Requirements:
Subject: Delinquent Real Property Transfer Taxes Public Hearing
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding the assessment of liens
14
for Delinquent Real Property Transfer Taxes and upon conclusion adopt one of
the following Resolutions:
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for delinquent real
property transfer taxes, and confirming the recordation of liens, administrative
charges, and assessment charges, as necessary, pursuant to Chapter 4.20 of
the Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection; or
Attachments:
78055 CMS.pdf",11,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Upon the reading of Item 14 by the City Clerk, the public hearing was opened at 7:08 p.
m.
Vice Mayor Nadel made a motion, seconded by Councilmember Wan, to close the
public hearing, and upon hearing no objections the motion passed by Ayes: Agency/
Councilmember: Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7; Excused:
President De La Fuente-1
Vice Mayor Nadel made a motion, seconded by Councilmember Wan, to adopt the
Resolution on Item 14-1, and upon the call of the roll the motion passed by Ayes:
Agency/Councilmember Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7;
Excused: President De La Fuente-1
Resolution Number 78055 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Wan, that
this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
1 -
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78055
2) Adopt a Resolution overruling protests and objections, and accepting and
confirming reports of the Interim City Manager on the costs incurred by the City
of Oakland for delinquent real property transfer taxes, and authorizing the
recordation of liens, administrative charges as necessary pursuant to Chapter
4.20 of the Oakland Municipal Code, and directing the notice of lien and
assessment charges to be turned over to the County Tax Collector for
collection; or
3) Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the delinquent real property transfer taxes and confirming the
recordation of liens, admininstrative charges, and assessment charges as
necessary pursuant to Chapter 4.20 of the Oakland Municipal Code, and
directing the notice of lien and assessment charges to be turned over to the
Alameda County Tax Collector for collection
There was no action taken on Items 14-2 or 14-3.
No Action Taken
Subject:
Delinquent Business Taxes Public Hearing
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding the assessment of liens
15
for Delinquent Business Tax and upon conclusion adopt one of the following
Resolutions:
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for delinquent business
taxes and confirming the recordation of liens, administrative charges and
assessment charges as necessary pursuant to Title 5, Chapter 5.04 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County for collection; or
Attachments:
78056 CMS.pdt",12,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Enactment No: 78056
2)
Adopt a Resolution overruling protests and accepting and confirming
reports of the Interim City Manager on the delinquent business taxes, and
confirming the recordation of liens, administrative charges, and assessment
charges as necessary, pursuant to Title 5, Chapter 5.04 of the Oakland
Municipal Code, and directing the notice of lien and assessment charges to be
turned over to the County Tax Collector for collection; or
3)
Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the delinquent business taxes, and confirming the recordation of
liens, administrative charges and assessment charges, as necessary, pursuant
to Title 5, Chapter 5.04 of the Oakland Municipal Code
There was no action taken on Items 15-2 and 15-3.
No Action Taken
Subject:
Delinquent Mandatory Garbage Fees Public Hearing
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding Delinquent Mandatory
16
Garbage Fees for April June 2003, quarterly accounts and January March
2003 monthly accounts and upon conclusion adopt one of the following
Resolutions:
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for delinquent garbage
service fees, and confirming the recordation of liens, administrative charges,
and assessment charges, as necessary, pursuant to Chapter 8.28 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection; or
Attachments:
78057 CMS.pdf",13,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Upon the reading of Item 16 by the City Clerk, the public hearing was opened at 7:10 p.
m.
Vice Mayor Nadel made a motion, seconded by Councilmember Brooks, to close the
public hearing, and upon hearing no objections the motion passed by Ayes: Agency/
Councilmember: Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7; Excused:
President De La Fuente-1
Vice Mayor Nadel made a motion, seconded by Councilmember Brooks, to adopt the
Resolution on Item 16-1, and upon the call of the roll the motion passed by Ayes:
Agency/Councilmember Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7;
Excused: President De La Fuente-1
Resolution Number 78057 C.M.S.
A motion was made, seconded by Councilmember Brunner, that this matter be
Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
1 -
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78057
2) Adopt a Resolution overruling protests and objections, and accepting and
confirming reports of the Interim City Manager on the costs incurred by the City
of Oakland for delinquent garbage service fees, and authorizing the recordation
of liens, administrative charges, as necessary, pursuant to Chapter 8.28 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection; or
3) Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the delinquent garbage service fees, and confirming the
recordation of liens, administrative charges, and assessment charges, as
necessary, pursuant to Chapter 8.28 of the Oakland Municipal Code, and
directing the notice of lien and assessment charges to be turned over to the
Alameda County Tax Collector for collection
There was no action taken on Items 16-2 and 16-3.
No Action Taken
Subject: Delinquent Transient Occupancy Taxes Public Hearing
From:
Finance and Management Agency
Recommendation: Conduct a Public Hearing regarding the assessment of liens
17
for Delinquent Transient Occupancy Taxes and upon conclusion adopt one of
the following Resolutions:
1) Adopt a Resolution accepting and confirming reports of the Interim City
Manager on the costs incurred by the City of Oakland for Delinquent Transient
Occupancy Taxes and confirming the recordation of liens, administrative
charges, and assessment charges as necessary pursuant to Title 4, Chapter
4.24 of the Oakland Municipal Code, and directing the notice of lien and
assessment charges to be turned over to the County for collection; or
Attachments:
78058 CMS.pdf",14,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Upon the reading of Item 17 by the City Clerk, the public hearing was opened at 7:11 p.
m.
Councilmember Brooks made a motion, seconded by Vice Mayor Nadel, to close the
public hearing, and upon hearing no objections the motion passed by Ayes: Agency/
Councilmember: Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7; Excused:
President De La Fuente-1
Vice Mayor Nadel made a motion, seconded by Councilmember Brooks, to adopt the
Resolution on Item 17-1, and upon the call of the roll the motion passed by Ayes:
Agency/Councilmember Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7;
Excused: President De La Fuente-1
Resolution Number 78058 C.M.S.
A motion was made by Councilmember Brooks that this matter be Adopted. The
motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78058
2) Adopt a Resolution overruling protests and accepting and confirming
reports of the Interim City Manager on the Delinquent Transient Occupancy
Taxes and confirming the recordation of liens, administrative charges and
assessment charges as necessary pursuant to Title 4, Chapter 4.24 of the
Oakland Municipal Code, and directing the notice of lien and assessment
charges to be turned over to the County Tax Collector for collection; or
3) Adopt a Resolution continuing hearing on reports of the Interim City
Manager on the Delinquent Transient Occupancy Taxes and confirming the
recordation of liens, administrative charges and assessment charges as
necessary pursuant to Title 4, Chapter 4.24 of the Oakland Municipal Code
There was no action taken on Items 17-2 and 17-3.
No Action Taken
Subject:
Sewer Service Charge Increase Public Hearing
18
From:
Public Works Agency
Recommendation: Conduct a Public Hearing and upon conclusion approve the
Introduction (First Reading) of an Ordinance amending Chapter 13 of the
Oakland Municipal Code (Section 13.04.020) increasing the sewer service
charge and providing for annual increases of eleven percent through January 1,
2009 and increases based on the Consumer Price Index thereafter
Attachments:
0.15CC 9-30-03.pdf,
12540 CMS.pdf",15,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Upon the reading of Item 18 by the City Clerk, the public hearing was opened at 7:12 p.
m.
The following individuals spoke against Item 18:
- Andrew Vincent
- Alice Atkinson
Councilmember Reid made a motion, seconded by Councilmember Quan, to close the
public hearing, and upon hearing no objections the motion passed by Ayes: Agency/
Councilmember: Brooks, Brunner, Nadel, Reid, Chang, Quan, and Wan -7; Excused:
President De La Fuente-1
President Pro Tem Brunner announced that final action on this item was postponed until
such time as staff concluded the counting of the protest ballots.
At 7:50 p.m., Item 18 was reopened for consideration and a report of the protest ballots
was given by the City Clerk:
143 protest ballots were received.
142 protest ballots were deemed to qualify.
105,061 residents were notified of this action, therefore a majority protest was not
achieved.
Councilmember Reid made a motion, seconded by Councilmember Quan, to approve
for Introduction the Ordinance on Item 18, and upon the call of the roll the motion
passed by Ayes: Agency/Councilmember Brooks, Brunner, Nadel, Reid, Chang, Quan,
and Wan -7; Excused: President De La Fuente-1
A motion was made by Councilmember Reid, seconded by Councilmember Quan,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency/City Council, due back on
September 30, 2003. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 12540
Subject:
Tree Removal Appeal Lot 2006-Moore Drive Public Hearing
19
From:
Office of Parks and Recreation
Recommendation: Conduct a Public Hearing and upon conclusion adopt a
Resolution denying the appeal filed by Ken Paskow and Sheryl Klein against
the decision of the Director of the Office of Parks and Recreation approving the
issuance of tree removal permit DR03-068 (Lot 2006, Moore Drive)
*Withdrawn with No New Date
Subject: Tree Removal Appeal 5812 Ayala Avenue Public Hearing
20
From:
Office of Parks and Recreation
Recommendation: Conduct a Public Hearing and upon conclusion adopt a
Resolution denying the appeal filed by John Wagers against the decision of the
Director of the Office of Parks and Recreation approving the issuance of tree
removal permit DR03-067 (5812 Ayala Avenue)
Items 19 and 20 were withdrawn at the September 11, 2003 Rules and Legislation
Committee.
*Withdrawn with No New Date
ACTION ON NON-CONSENT ITEMS:
Subject:
Education Partnership Committee Meetings
21
From:
Councilmember Chang
Recommendation: Approve a report recommending to hold in abeyance future
meetings of the Education Partnership Committee
The following individual spoke on Item 21 and indicated a neutral position:
Greg Hodge",16,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"*Withdrawn with No New Date
Subject:
CDBG District Boundaries Adjustments
From:
Community and Economic Development Agency
22
Recommendation: Adopt a Resolution to amend Resolution No. 76276 C.M.S.
to extend the term of elected Community Development District Board and
Citizens Advisory Committee members to two-years; and to realign Community
Development District boundaries based upon the new low and moderate
income block group determinations from the 2000 Census data and the
redistricting of City Council District boundaries
-
Attachments:
219-30-03.pdf,
78102 CMS.pdf
This item was withdrawn at the September 11, 2003, Rules and Legislation Committee
and rescheduled for the September 30, 2003 City Council meeting.
*Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency/City Council
Enactment No: 78102
Subject:
Downtown Tenant Improvement Program
23 ORA
From:
Community and Economic Development Agency
Recommendation: Adopt an Agency Resolution adopting the Downtown Tenant
Improvement Program participation criteria to provide matching grants to
targeted retail, restaurants, arts and entertainment catalyst projects
Attachments:
2003-69 CMS .pdf
Agency Resolution Number 2003-69
The Council directed staff to return to the Community and Economic Development
Committee with a report to establish certain criteria for the types of businesses
qualifying for this program, including environmental and social equity standards.
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 2003-69
Subject: Establishing Prohibitions on False Endorsements in Campaign
24
Literature
From:
Public Ethics Commission
Recommendation: Approve the Introduction (First Reading) of an Ordinance
establishing prohibitions on false endorsements in campaign literature
Attachments:
.16CC 9-30-03.pdf,
12536 CMS.pdf
The following individual spoke on Item 24 and did not indicate a position:
- Sanjiv Handa
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks,
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 30, 2003. The motion carried by the following vote:
Councilmember Quan
ORA)Councilmember Abstained:
1 -
President of the Council De La Fuente
ORAICouncilmember Excused:",17,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 12536
Subject:
Fenton's Creamery
From:
Office of the City Attorney
25
Recommendation: Adopt a Resolution denying the appeal of E. Felizardo and
upholding the Planning Commission decision to approve the Design Review
and variances for the restoration and rehabilitation of Fenton's Creamery at
4226 Piedmont Avenue and further directing the Planning Commission to
review all aspects of Fenton's current facility and to make appropriate
determinations concerning conformity with the applicable provisions of the
Zoning Code pertaining to legal non-conforming uses
Attachments:
78059 CMS.pdf
The following individual spoke on Item 25 and did not indicate a position:
- Sanjiv Handa
Councilmember Quan made a motion, seconded by Councilmember Reid, to adopt the
Resolution on Item 25 as amended to change the operating hours to 9 a.m. to 11 p.m.
Sunday through Thursday, and to 9:00 a.m. to 12 a.m. on Friday and Saturday and
hearing no objections the motion passed by Ayes: Agency/Councilmember: Brooks,
Brunner, Chang, Nadel, Reid, Quan, and Wan 7; Excused: President De La Fuente -1
Resolution Number 78059 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted as Amended. The motion carried by the following vote
:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78059
Subject:
Opposition to Proposition 54
26
From:
Vice Mayor Nadel and Councilmember Wan
Recommendation: Adopt a Resolution of the Oakland City Council declaring its
opposition to Proposition 54, the initiative /constitutional amendment prohibiting
the collection and use of information about race, ethnicity, color or national
origin by state and local governments, public universities, and school districts.
Attachments:
78060 CMS.pdf
Resolution Number 78060 C.M.S.
A motion was made, seconded by Councilmember Reid, that this matter be
Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78060",18,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Subject: Safe Routes to School Second Cycle Project
27
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing the City Manager to award a
construction contract in an amount not to exceed $370,000.00 to the lowest
responsive bidder for the Safe Routes to School Second Cycle Project (City
Project No. G219210, Federal Project No. STPLHSR-5012(063)), without
return to Council""
Attachments:
78061 CMS pdf
Resolution Number 78061 C.M.S.
Contract Number 03-1620
A motion was made by Councilmember Brooks, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78061
Subject:
Installations of Stop Signs
28
From:
Public Works Agency
Recommendation: Adopt a Resolution approving the installation of stop signs
on Bancroft and 77th Avenue
Attachments:
78062 CMS. pdf
The following individuals spoke in favor of Item 28:
- Muriel Sterling
-
Sharena Thomas
Resolution Number 78062 C.M.S.
A motion was made by Councilmember Brooks, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78062
Subject: Central City East Redevelopment Project Area Committee (PAC)
29
From: Community and Economic Development Agency
Recommendation: Adopt a Resolution amending the procedure of formation
for the Central City East Redevelopment Project Area Committee to replace the
Melrose High Hopes Neighborhood Crime Prevention Council with the
Yorkshire Neighborhood Association
Resolution Number 78063 C.M.S.
A motion was made by Councilmember Brooks, seconded by Councilmember
Wan, that this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORA)Councilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78063",19,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-16,"Subject: Port of Oakland's Conflict of Interest Code
30
From:
Office of the City Attorney
Recommendation: Adopt a Resolution approving a Conflict of Interest Code for
designated employees of the Port of Oakland
Attachments:
78064 CMS.pdf
Resolution Number 78064 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Reid, that
this matter be Adopted. The motion carried by the following vote:
President of the Council De La Fuente
ORAICouncilmember Excused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, Councilmember Brooks, Councilmember
Reid and Councilmember Chang
Enactment No: 78064
Subject: Advancing California's Emerging Technologies (ACET)
31 ORA
From:
Community and Economic Development Agency
Recommendation: Adopt an Agency Resolution authorizing an owner
participation agreement with Advancing California's Emerging Technologies (
ACET) for the development of a high-technology business incubator facility in
the Coliseum Project Area, and the contribution of $1,610,000 in Agency funds
to the project
*Withdrawn with No New Date
Continuation of Open Forum
There were no additional Open Forum speakers.
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 8:24 p.m. in the memory of Sheila Fajors, Murphy Dice, Carol
Sanchez, John Ogbu, and William Chan.",20,OaklandCityCouncil/2003-09-16.pdf
OaklandCityCouncil,2003-09-30,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Final
Oakland, California
94612
Ceda Floyd, City Clerk
Concurrent Meeting of the Oakland
Redevelopment Agency/City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
6:00 PM
Oakland City Hall, 3rd Floor
Tuesday, September 30, 2003
A meeting of the Joint Oakland Redevelopment Agency and City Council was held on
the above date. Opening with the Pledge of Allegiance, the meeting was convened at
6:24 p.m.
1
Pledge of Allegiance
Roll Call/ORA & Council
2
COUNCILMEMBERS: Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,
Dist 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,
and President Ignacio De La Fuente, Dist. 5
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
ORA)Councilmember Present:
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
3
Open Forum/Citizen Comments
(Time Available: 15 minutes)
The following individuals spoke during Open Forum:
- Mrs. Farve
- Dorothy Coleman
- Thordie Ashley
- Sequonite Buggs
- Leo Handy
- Dwight McElroy
Lynda Carson
John Grace
- Al Marshall
- Hector Reyna
Hugh Bassette
Sanjiv Handa
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to withdraw an
item from the Consent Calendar to schedule for the next succeeding City Council meeting as a
""non-consent"" item
There were no modifications to the Consent Calendar but public speakers were noted
on Items 10.15CC, 10.16CC, 10.17CC, 10.22CC, and 10.28CC.
5
Motion for Members Requests for Reconsideration of an Action taken at the preceding Council
Meeting, to 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
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee but
not forwarded to Council, to be scheduled for the next succeeding City Council meeting as a
""non-consent"" item
No Action Taken",1,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on September 16, 2003
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, to *Approve the Minutes. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
8. Presentation of Ceremonial Matters
Subject: Bob Pittman
8.1
From:
Councilmember Wan
Recommendation: Adopt a Resolution designating the median islands located
at First Avenue and Lakeshore the ""Pittman Green"" in honor of Mr. Pittman's
generous contribution of talent, labor, and money towards the improvement of
the Lake Merritt Neighborhood and the Greater Oakland Community
Attachments:
78065 CMS.pdf,
8.1 9-30-03.pdf
Resolution Number 78065 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78065
Subject: Amit Kothari
8.2
From:
Vice Mayor Nadel
Recommendation: Adopt a Resolution honoring Amit Kothari for his invaluable
contributions to the citizens of Oakland
Attachments:
78066 CMS.pdf,
3.2 9-30-03.pdf
Resolution Number 78066 C.M.S.
The following individual spoke in favor:
- Nicholas Vigilante
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78066
Subject:
United Nations Month
8.3
From:
Vice Mayor Nadel
Recommendation: Adopt a Resolution declaring October, 2003 United Nations
Month in the City Of Oakland
Attachments:
78067 CMS.pdf
8.3 9-30-03.pdf
Resolution Number 78067 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78067",2,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"9. Council Acknowledgements/Announcements
Agency/Councilmember Reid took a point of personal privilege and requested that the
meeting be adjourned in memory of Andrew Vejmola, Gary Doyle, and Mabel Moore.
Agency/Councilmember Nadel took a point of personal privilege and requested that the
meeting be adjourned in memory of Yolonda Woodard and Ben Rivera.
Agency/Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of Chazarus Charles Hill, Jr.
10. CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be
acted upon by one motion of the City Council, unless a member of the public or
a Councilmember requests the opportunity to speak on an item noticed.
Subject:
Declaration of a Local Emergency due to AIDS epidemic
10.1
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City
Council's Declaration of a Local Emergency due to the existence of a critical
public health crisis with regard to the AIDS epidemic
Attachments:
10.1CC 9-30-03.pdf,
78038 CMS.pdf,
78068 CMS.pdf
Resolution Number 78068 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78038
Subject:
Medical Cannabis health emergency
10.2
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
10.2CC 9-30-03.pdf,
Attachments:
10.2CC. pdf,
78039 CMS.pdf,
78069 CMS.pdf,
78111.pdf
Resolution Number 78069 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78039
Subject: Edward Hannemann Patricia Restaino-Planning & Oversight
10.3
Committee
From:
Mayor Brown
Recommendation: Adopt a Resolution appointing Edward Hannemann and
Patricia Restaino as members of the Children's Fund Planning and Oversight
Committee
Attachments:
10.3CC 9-30-03.pdf,
78070 CMS.pd
Resolution Number 78070 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78070
Subject:
Monica Montenegro, Fhatima Paulino-Planning & Oversight
10.4
Committee
From:
President De La Fuente
Recommendation: Adopt a Resolution appointing Monica Montenegro and
reappointing Fhatima Paulino as members of the Children's Fund Planning and
Oversight Committee
Attachments:
10.4CC 9-30-03.pd
78071 CMS.pdf
Resolution Number 78071 C.M.S.
This Matter was Adopted on the Consent Agenda.",3,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Enactment No: 78071
Subject: Dr. John Cooke, Maribel Diaz-Planning & Oversight Committee
10.5
From:
Councilmember Reid
Recommendation: Adopt a Resolution reappointing Dr. John Cooke and
Maribel Diaz as members of the Children's Fund Planning and Oversight
Committee
Attachments:
10.5CC 9-30-03.pdf,
78072 CMS.pdf
Resolution Number 78072 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78072
Subject: Marsha Henry, Julia Weisner-Planning & Oversight Committee
10.6
From:
Councilmember Quan
Recommendation: Adopt a Resolution appointing Marsha Henry and Julia
Weisner as members of the Children's Fund Planning and Oversight
Committee
Attachments:
10.6CC 9-30-03.pdf,
78073 CMS.pdf
Resolution Number 78073 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78073
Subject: Jumoke Hinton Hodge-Planning & Oversight Committee
10.7
From:
Vice Mayor Nadel
Recommendation: Adopt a Resolution appointing Jumoke Hinton Hodge as a
member of the Children's Fund Planning and Oversight Committee
Attachments:
10.7CC 9-30-03.pdf,
78074 CMS.pdf
Resolution Number 78074 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78074
Subject: Marilyn Montenegro-Planning & Oversight Committee
10.8
From:
Councilmember Wan
Recommendation: Adopt a Resolution appointing Marilyn Montenegro as a
member of the Children's Fund Planning and Oversight Committee
Attachments:
10.8CC 9-30-03.pdf
78075 CMS.pdf
Resolution Number 78075 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78075
Subject: Jeffrey P. Fearn-Budget Advisory Committee
10.9
From:
Councilmember Wan
Recommendation: Adopt a Resolution appointing Jeffrey P. Fearn as a
member of Budget Advisory Committee
Attachments:
10.9CC 9-30-03.pd
78076 CMS.pdt
Resolution Number 78076 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78076
Subject:
Debra Vinson-Settlement Agreement
10.10
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Debra Vinson v. City of Oakland,
et al., Alameda County Superior Court Case No. 2001-20978, our file no.
21204, in the amount of $15,000.00 as a result of a trip and fall on a sidewalk
(Public Works Agency) (TITLE CHANGE)",4,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Attachments:
10.10CC 9-30-03.pdf,
10. .10CC supplemental. pdf,
78077 CMS.pdf
Resolution Number 78077 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78077
Subject:
Kevin and Regina Green-Settlement Agreement
10.11
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claims of Kevin and Regina Green, in
the amount of $22,800.00, as a result of property damage sustained due to a
sewer flood caused by a clogged City sewer main (Public Works Agency)
Attachments:
10.11CC 9-30-03.pdf
78078 CMS.pdf
Resolution Number 78078 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78078
Subject:
George Gundry-Settlement Agreement
10.12
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of George Gundry, in the amount
of eight thousand seven hundred forty-six dollars and eighty-seven cents
($8,746.87), as a result of property damage sustained due to a sewer flood
caused by a broken City sewer main (Public Works Agency)
Attachments:
10.12CC 9-30-03.pdf
78079 CMS.pdf
Resolution Number 78079 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78079
Subject:
Janae Carter-Settlement Agreement
10.13
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Janae Carter V. City of Oakland,
et al., Alameda County Superior Court Case No. 2002-072353, our file no.
22812, in the amount of $30,000.00 as a result of a trip and fall on uneven
pavement (Public Works Agency)(TITLE CHANGE)
Attachments:
10.13CC 9-30-03.pdf,
10.13CC Supplemental.po
78080 CMS.pdf
Resolution Number 78080 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78080
Subject:
Oregon Mutual Insurance Company-Settlement Agreement
10.14
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Oregon Mutual Insurance
Company vs. City of Oakland, et al., Superior Court, County of Alameda, Case
No. 2002-072752 in the amount of $25,000.00 as a result of a sewer backup at
6148 Hillmont Avenue (Public Works Agency)TITLE CHANGE)
Attachments:
4CC 9-30-03.pdf
10.14CC Supplemental.pdf
78081 CMS.pdf
Resolution Number 78081 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78081",5,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Subject:
Sewer Service Charge Increase
10.15
From:
Public Works Agency
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
amending Chapter 13 of the Oakland Municipal Code (Section 13.04.020)
increasing the sewer service charge and providing for annual increases of
eleven percent through January 1, 2009 and increases based on the Consumer
Price Index thereafter
Attachments:
10.15CC 9-30-03.pdf,
12540 CMS.pdf
Ordinance Number 12540 C.M.S.
The following individual spoke against:
- John Grace
The following individual spoke and did not indicate a position:
Sanjiv Handa
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12540
Subject: Establishing Prohibitions on False Endorsements in Campaign
10.16
Literature
From:
Public Ethics Commission
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
establishing prohibitions on false endorsements in campaign literature
Attachments:
10 .16CC 9-30-03.pdf
12536 CMS.pdf
Ordinance Number 12536 C.M.S.
The following individual spoke and did not indicate a position:
Sanjiv Handa
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12536
Subject: Valentine Corporation Bridge Earthquake Retrofit Project
From:
Public Works Agency
10.17
Recommendation: Adopt a Resolution authorizing award of a contract to
Valentine Corporation for the Earthquake Retrofit of Broadway-Patten
Hegenberger, and Hamilton bridges (Project Number H24010) in the amount of
one million eight hundred eighty-three thousand three hundred sixty-nine
dollars ($1,883,369) and appropriating $420,898 in Federal Highway Funds
(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM
REQUIRES A 2/3 VOTE) (TITLE CHANGE)
Attachments:
10.17CC 9-30-03.pdf
0.17CC Supplemental.pd
78082 CMS.pdf
Resolution Number 78082 C.M.S.
Contract 03-1621
The following individual spoke and did not indicate a position:
Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Enactment No: 78082
Subject:
Residential Parking on Richmond Boulevard
10.18
From:
Public Works Agency
Recommendation: Adopt a Resolution approving implementation of Residential
Permit Parking on Richmond Boulevard Between West Macarthur Boulevard
and Frisbie Street
Attachments:
10.18CC 9-30-03.pdf,
78083 CMS.pdf
Resolution Number 78083 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78083",6,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Subject: Andes Construction Inc. Rehabilitation of Sanitary Sewers
From:
Public Works Agency
10.19
Subject: Adopt a Resolution authorizing award of a contract to Andes
Construction Inc. for the rehabilitation of sanitary sewers at various
locations-Oak Street, Locarno Path, the easement between Acacia Avenue and
Margarido Drive, Poplar Street, Florida Street, along the path between
Longridge and Sunnyhills roads, and the Easement between Manzanita Drive
and Skyline Boulevard (Project No. C171110) for the amount of One Hundred
Seventy Five Thousand Seventy Three Dollars ($175,073) (PURSUANT TO
SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3
VOTE)
Attachments:
10-19CC 9-30-03.pdf
0.19CC Supplemental. pdf,
78084 CMS.pdf
Resolution Number 78084 C.M.S.
Contract Number 03-1622
This Matter was Adopted on the Consent Agenda.
Enactment No: 78084
Subject:
Union Point Park Project
10.20
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing the City Manager to amend a
professional services contract with the Spanish Speaking Unity Council to add
design work for the Union Point Park Project for a total contract amount
not-to-exceed one hundred forty-nine thousand nine hundred twenty dollars
($149,920)
Attachments:
10.20CC 9-30-03.pdf,
10.20CC Supplemental.pdf
78085 CMS.pdf
Resolution Number 78085 C.M.S.
Contract Number 03-1623
This Matter was Adopted on the Consent Agenda.
Enactment No: 78085
Subject:
Peralta Hacienda Historical Park Improvement Project
10.21
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing the City Manager to amend
the existing contract with PGA Design, Inc. for additional design and
engineering services for the Peralta Hacienda Historical Park Improvement
project to increase the contract to an amount not-to-exceed four hundred
thousand ($400,000)
Attachments:
10.21CC 9-30-03.pd
10.21CC Supplemental.po
78086 CMS.pdf
Resolution Number 78086 C.M.S.
Contract Number 03-1624
This Matter was Adopted on the Consent Agenda.
Enactment No: 78086
Subject:
Business Tax Incentive Program
From:
Finance & Management Agency
10.22
Recommendations: Approve the Final Passage (Second Reading) of an
Ordinance amending Section 5.04.151 of the Oakland Municipal Code to
provide that all businesses regardless of location are eligible to participate in
the Tax Abatement Program, to codify the definition of the benchmark year for
both new and existing businesses, to require the completion of an application
for any business that wants to enroll in the program, and to codify the sunset
date for enrollment in the Program
10.11CC.pdf,
Attachments:
10.22CC 9-30-03.pdf
10.22CC Supplemental.pd
12541.pdf
The following individual spoke and did not indicate a position:
Sanjiv Handa",7,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution appropriating revenues generated
through the implementation of the Oakland Workforce Investment Board's
Business Services Plan to business services activities
Attachments:
10.26CC 9-30-03.pdf
10.26CC Supplemental.pdt
78088 CMS.pdf
Resolution Number 78088 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78088
Subject: Development of Infiniti Automobile Dealership
From: Community and Economic Development Agency
10.27
Recommendation: Adopt the following legislation:
(1) Agency Resolution adopting a Mitigated Negative Declaration and
authorizing the sale of approximately 4.35 acres of real property located on
Oakport Street near Hassler Way for $3,318,047 to, and authorizing the
negotiation and execution of, a Disposition and Development Agreement with
Hendrick Automotive Group for the development of an Infiniti automobile
dealership; and
Attachments:
10.27-1CC Supplemental.pd
10.27CC 9-30-03.pdf,
2003-70 CMS.pdf
Agency Resolution Number 2003-70 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 2003-70",8,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"(2) Adopt an Ordinance authorizing sale of .93 acres of City land near Oakport
Street and Hassler Way to the Redevelopment Agency for $40,593, for sale to
Hendrick Automotive Group for development of an Infiniti dealership
10.12CC.pdf
Attachments:
10.27-1CC 9-30-03.pdf,
10.27-2CC Supplemental.
12542.pdf
This Matter was Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
October 21, 2003 on the Consent Agenda.
Enactment No: 12542
Subject:
Forest City Residential West, Inc.
From:
Community and Economic Development Agency
10.28
Recommendation: Adopt an Agency Resolution authorizing the Agency
Administrator to negotiate and execute a second amendment to the Exclusive
Negotiating Agreement between the Redevelopment Agency and Forest City
Residential West, Inc. regarding development of the Uptown Project in
downtown Oakland extending the Exclusive Negotiating Agreement for an
additional term of one-hundred and eighty (180) days
Attachments:
10.28CC 9-30-03.pdf
10.28CC Supplemental.pdf,
2003-71 CMS.pdf
Agency Resolution Number 2003-71 C.M.S.
Contract Number 03-020
The following individual spoke and did not indicate a position:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Enactment No: 2003-71
Subject:
Senior Companion Program Grant
10.29
From:
Department of Human Services
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate grant funds from the City of Berkeley in the amount of fifteen
thousand dollars ($15,000) and the Alameda County Area Agency on Aging in
the amount of thirty-one thousand, four hundred seventy-six dollars ($31,476)
for the Senior Companion Program for the Fiscal Year 2003-2004
Attachments:
10.29CC 9-30-03.pdf
10.29CC Supplemental.po
78089 CMS.pdf
Resolution Number 78089 C.M.S.
Contract 03-1626
This Matter was Adopted on the Consent Agenda.
Enactment No: 78089
Subject: California Library, Library Services, and Technology Act Grants
10.30
From:
Oakland Public Library
Recommendation: Adopt the following Resolutions regarding California State
Library, Library Services and Technology Act (LSTA) grants:
Attachments:
10.30CC 9-30-03.pd
This Matter was Adopted on the Consent Agenda.
(1) A Resolution authorizing the City Manager, on behalf of the City of Oakland,
to accept and appropriate a grant in the amount of $51,150 from the California
State Library, Library Services, and Technology Act for Fiscal Year 2003-2004,
for the Computer Literacy for Asian Elderly and New Americans Project
Attachments:
10.30-1CC Supplemental.pdf,
78090 CMS.pdf
Resolution Number 78090 C.M.S.
Contract Number 03-1627
This Matter was Adopted on the Consent Agenda.
Enactment No: 78090",9,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"(2) A Resolution authorizing the City Manager, on behalf of the City of Oakland,
to accept and appropriate a grant in the amount of $3,558 from the California
State Library, Library Services, and Technology Act (LSTA), Speaking of
Reading Program for Fiscal Year 2003-2004
Attachments:
10.30-2CC Supplemental.pd
78091 CMS.pdf
Resolution Number 78091 C.M.S.
Contract Number 03-1628
This Matter was Adopted on the Consent Agenda.
Enactment No: 78091
(3) A Resolution authorizing the City Manager, on behalf of the City of Oakland,
to accept and appropriate a grant in the amount of $33,285 from the California
State Library, Library Services, and Technology Act, Public Library Services for
People with Disabilities Program for Fiscal Year 2003-2004
Attachments:
10.30-3CC Supplemental. pdf.
78092 CMS. pdf
Resolution Number 78092 C.M.S.
Contract Number 03-1629
This Matter was Adopted on the Consent Agenda.
Enactment No: 78092
(4) A Resolution authorizing the City Manager, on behalf of the City of Oakland,
to accept and appropriate a grant in the amount of $27,375 from the California
State Library, Library Services, and Technology Act, Public Library Staff
Education Program for Fiscal Year 2003-2004
Attachments:
10.30-4CC Supplemental.pdf
78093 CMS.pdf
Resolution Number 78093 C.M.S.
Contract Number 03-1630
This Matter was Adopted on the Consent Agenda.
Enactment No: 78093
(5) A Resolution authorizing the City Manager, on behalf of the City of Oakland,
to apply for, accept and appropriate a grant in the amount of $25,000 from the
California State Library, Library Services, and Technology Act (LSTA), A
Quicker, Safer Trip to the Library Program for Fiscal Year 2003-2004
Attachments:
10.30-5CC Supplemental.pd
78094 CMS.pdf
Resolution Number 78094 C.M.S.
Contract Number 03-1631
This Matter was Adopted on the Consent Agenda.
Enactment No: 78094
Subject: Playground Equipment Head Start Centers
10.31
From:
Department of Human Services
Recommendation: Adopt a Resolution authorizing and directing the City
Manager to execute a purchase order to purchase playground equipment for
two Head Start Centers from Ross Recreation Equipment in the estimated
amount of $78,587
Attachments:
10.31CC 9-30-03.pdf,
10.31CC Supplemental.pdf,
78095 CMS.pdf
Resolution Number 78095 C.M.S.
Contract Number 03-1632
This Matter was Adopted on the Consent Agenda.
Enactment No: 78095",10,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Subject: Brooklyn Basin and 66th Avenue Projects
From:
Public Works Agency
10.32
Recommendation: Adopt a Resolution authorizing the application, acceptance
and appropriation of funds from the California Department of Parks and
Recreation Habitat Conservation competitive grant program, for the following
projects: Brooklyn Basin, in the amount of two hundred thirty-two thousand
dollars ($232,000); and 66th Avenue Gateway, in the amount of two-hundred
fifty-thousand dollars ($250,000)
Attachments:
10.32CC 9-30-03.pdf,
10.32CC Supplemental. pdf,
78096 CMS.pdf
Resolution Number 78096 C.M.S.
Contract Number 03-1633
This Matter was Adopted on the Consent Agenda.
Enactment No: 78096
Subject: Project Funding for Cryer Site, Derby and Street Park
From:
Public Works Agency
10.33
Recommendation: Adopt a Resolution authorizing the application, acceptance
and appropriation of funds from the California Department of Parks and
Recreation ""Recreational Trails"" competitive grant program, for the following
projects: the Cryer Site, in the amount of one hundred thirty-two thousand
dollars ($132,000); and Derby Street Park, in the amount of four hundred
thousand dollars ($400,000)
Attachments:
10.33CC 9-30-03.pdf.
10.33CC Supplemental.pdf
78097 CMS.pdf
Resolution Number 78097 C.M.S.
Contract Number 03-1634
This Matter was Adopted on the Consent Agenda.
Enactment No: 78097
Subject:
Oakland-Alameda County Coliseum Security
From:
Oakland Police Department
10.34
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending Oakland Municipal Code Chapter 8.44, ""Security for
events at the Oakland-Alameda County Coliseum Complex, Section 8.44.040,
""Activities Prohibited within The Oakland-Alameda County Coliseum Complex
Parking Facility"" and Section 8.44.050, ""Penalties"" and amending Chapter 1.28,
""General Penalty,"" Section 1.28.020, ""Violations as Infraction,"" Subsection
A.1.E.
Attachments:
10.34CC 9-30-03.pdf.
10.34CC Supplemental.pdi
12543.pd
This Matter was Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
October 21, 2003 on the Consent Agenda.
Enactment No: 12543
Subject:
Truancy Reduction and Intervention Program
From:
Oakland Police Department
10.35
Recommendation: Adopt a Resolution authorizing the City Manager or her
designee to enter into a Memorandum of Understanding (MOU) with the
Oakland Unified School District (OUSD) and accept and appropriate grant
funds in the amount of fifty thousand dollars ($50,000) from OUSD for
appropriation to the Police Department to support Fremont High School in the
implementation and enforcement of a Truancy Reduction and Intervention
Program (TRIP)
Attachments:
10.35CC 9-30-03.pdf
10.35CC Supplemental.pd
78098 CMS.pdf
Resolution Number 78098 C.M.S.
Contract Number 03-1635
This Matter was Adopted on the Consent Agenda.
Enactment No: 78098",11,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Subject:
Boykin Consulting Services
From:
Oakland Fire Department
10.36
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into a Professional Services Agreement with Boykin Consulting Services for
conducting hazardous materials inspections in an amount not to exceed
seventy thousand dollars ($70,000) for a 12 month term upon approval by City
Council (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS
ITEM REQUIRES A 2/3 VOTE)
Attachments:
10.36CC 9-30-03.pdf,
10.36CC Supplemental.p
78099 CMS.pdf
Resolution Number 78099 C.M.S.
Contract Number 03-1636
This Matter was Adopted on the Consent Agenda.
Enactment No: 78099
Subject:
Alameda County Oil Spill Contingency Plan
10.37
From:
Oakland Fire Department
Recommendation: Adopt a Resolution authorizing the City Manager, or her
designee, to apply for, accept and appropriate grant PO275028 in the amount
of twenty five thousand dollars ($25,000.00), from the California Department of
Fish and Game to reimburse the City's costs and costs of participating
agencies to update and revise the Alameda County Oil Spill Contingency Plan
Attachments:
10.37CC 9-30-03.pdf,
10.37CC Supplemental.pdf,
78100 CMS.pd
Resolution Number 78100 C.M.S.
Contract Number 03-1637
This Matter was Adopted on the Consent Agenda.
Enactment No: 78100
Passed The Consent Agenda
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, including all the preceding items marked as having been adopted on the
Consent Agenda. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
11
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed
Session
The following individual spoke and did not indicate a position:
Sanjiv Handa
There was a final decision made on one item of pending litigation on the Closed Session
agenda.
Item 2d Thurston vs. City of Oakland: Motion made by Councilmember Brooks and
seconded by Councilmember Reid to authorize settlement in the amount of $15,000.00.
In this case, plaintiff claimed that the police used excessive force against him in
attempting to clear a restaurant parking lot after they ordered a group of citizens to
disburse because they believed they were involved in sideshow activity. The plaintiff
was arrested and spent five hours in City jail. Motion made by Councilmember Brooks,
seconded by Councilmember Reid, 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
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance
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, Wan and
President of the Council De La Fuente -8",12,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"13
Reconsideration of Ordinances pursuant to Charter Section 216
No Action Taken
Consideration of Items with Statutory Public Hearing Requirements:
Subject:
Planning Commission Appeal-4690 Tompkins-Public Hearing
13.1
From:
Community and Economic Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion adopt a
Resolution denying the appeal and sustaining the decision of the City Planning
Commission in approving the application for a major Conditional Use Permit to
convert an existing rest home facility into a twenty-seven unit residential project
located at 4690 Tompkins Avenue, Oakland
Attachments:
13.1 9-30-03.pdf,
Item 14.211-18-03.pd
Upon the reading of Item 13.1 by the City Clerk, the Public Hearing was opened at 7:15
p.m.
The following individual spoke in favor:
- Walter Loo
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Nadel, to continue this item until the November 18, 2003, City Council meeting, 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
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
ACTION ON NON-CONSENT ITEMS:
Subject:
Ratification of Action by City Manager
14
From:
Office of the City Clerk
Recommendation: Adopt a Resolution ratifying action taken by the City
Manager during the Oakland City Council 2003 Annual Recess in conformance
with Resolution No. 77709 C.M.S., dated March 25, 2003
Attachments:
149-30-03.pdf,
78101 1 CMS.pdf
Resolution Number 78101 C.M.S.
The following individual spoke and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78101
Subject: Oracle Corporation Agreement-Impartial Financial Analysis
From:
Office of the City Auditor
14.1
Recommendation: Accept an Informational Report regarding Resolution
Number 78018 C.M.S. authorizing the City Manager to negotiate and execute a
5-year Licensing and Support Agreement with Oracle Corporation for the City's
Human Resources, Payroll and Financial applications software for an amount
not-to-exceed four million, one hundred thirty-two thousand, one hundred
twenty-four dollars ($4,132,124.00) as approved by the City Manager during the
City Council 2003 Annual Recess
Attachments:
14.1 9-30-03.pdf
The following individual spoke and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be *Received and Filed. The motion carried by the
following vote:",13,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Measure X Strong Mayor Initiative
From:
Measure X Limited Charter Review Committee
15
Recommendation: Approve Recommendations from the Measure X Limited
Charter Review Committee Related to the Mayor-Council form of government
regarding: (A) Balance of Power among Branches of Government, (B) the
Elected City Attorney, (C) Setting Pay for Elected Officials, (D) Term Limits for
Elected Officials, (E) Mayor's Attendance at Council Meetings, (F) Number of
Councilmembers and At-Large Representatives, (G) City Council Structure and
Procedures; and (H) Role of City Manager
Attachments:
159-30-03.pdf,
Final Charter Report v6.pdf
The following individuals spoke and did not indicate a position:
Sanjiv Handa
- Judi Banks
Carol Isen
- Gene Hazzard
A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel,
that this matter be Approved. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Safety Element of the General Plan
16
From:
Community and Economic Development Agency
Recommendation: Receive an Informational Report regarding the update to the
Safety Element of the City of Oakland's General Plan
Attachments:
14.2.pdf,
169-30-03.pdf,
19.pdf
The following individual spoke and did not indicate a position:
- Mattie Floyd
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to accept the report.
Agency/Councilmember Reid withdrew his motion.
Agency/Councilmember Brooks made a motion, seconded by Vice Mayor Nadel, to
continue the report regarding this item until the October 21, 2003 City Council meeting,
and directed staff to provide a Supplemental Report with information regarding the
concerns with the concentration of poverty issue, and hearing no objections, the motion
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Change, Nadel, Reid,
Quan, Wan and President of the Council De La Fuente -8
A motion was made by Councilmember Brooks, seconded by Vice Mayor Nadel,
that this matter be Continued to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council, due back on October 21, 2003. The
motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Just Cause for Eviction Ordinance (Measure EE)
17
From:
Community and Economic Development Agency
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
codifying Measure EE, the Just Cause for Eviction Ordinance, adopted by the
Electorate at the Municipal Election on November 5, 2002
Attachments:
12537 CMS.pdf,
17 9-30-03.pdt",14,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Ordinance Number 12537 C.M.S.
The speakers for Items 17, 18, and 19 were taken together.
The following speakers spoke in favor:
- Pedram Karbassi
Jason Crapo
- Florence Milton
- Joseph Milton
James Ensley
- Anne Bruff
- Selwyn Whiteyed
- D'Anna Sloboclnink
The following individuals spoke against:
- Adam Gold
- Marta Guzman
Ladd Baldwin
Joyce Cutler
- Mahader Tesfai
- James Vann
The following individuals spoke and did not indicate a position:
- Steve Edrington
- Janet Arnold
- Sean McVey
- Ed Severinghaus
Astrid Lacitis
- - Wayne Rowland
- Crystal Weston
Susan Schach
- Eddie Ytuarte
-
Sanjiv Handa
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 12537
Subject:
Residential Rent Arbitration Program and Evictions
From:
Community and Economic Development Agency
18
Recommendation: Approve Final Passage (Second Reading) an Ordinance
amending Chapter 8.22 of the Oakland Municipal Code, Residential Rent
Arbitration Program and Evictions, to amend provisions concerning increasing
rents after certain terminations of tenancies, to remove the Rent Program
Service Fee for insertion in a different part of the Municipal Code, to modify
controls on rents following terminations of tenancies and to exempt
owner-occupied properties with a maximum of three units
Attachments:
12538 CMS.pd
Item 18 9-30-03.pdf",15,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Ordinance Number 12538 C.M.S.
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Chang to approve the final passage of the ordinance on Item 18, and upon the call of
the roll the motion passed with the following Ayes: Agency/Councilmember: Brooks,
Chang, Reid, Wan and President of the Council De La Fuente -5; Noes: Brunner, Nadel
and Quan.
Agency/Councilmember Quan made a substitute motion, seconded by
Agency/Councilmember Vice Mayor Nadel, to amend the ordinance to grandfather in the
people currently residing in the 2 and 3 unit properties covered by rent control, and upon
the call of the roll the motion failed due to lack of Ayes: Agency/Councilmember:
Brunner, Nadel, Quan -3; Brooks, Chang, Reid, Wan and President of the Council De
La Fuente -5
MAIN MOTION PASSED DUE TO FAILURE OF THE SUBSTITUTE MOTION
A motion was made by Councilmember Wan, seconded by Councilmember
Chang, that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Nos:
3 -
Councilmember Brunner, Vice Mayor Nadel and Councilmember
Quan
ORAICouncilmember Ayes:
Councilmember Wan, President of the Council De La Fuente,
5-
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 12538
Subject: Just Cause for Eviction Ordinance
19
From:
Community and Economic Development Agency
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
adopting requirements pursuant to the Ellis Act (California Government Code
Sections 7060, et seq) and the Just Cause for Eviction Ordinance for landlords
desiring to evict tenants in order to withdraw residential rental units from the
market
Attachments:
12539 CMS.pdf,
199-30-03.pdf
Ordinance Number 12539 C.M.S.
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 12539
Subject:
Hillery Bolt Trippe and Jean Rubsamen Housing,
20
Residential Rent and Relocation Board
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe and Jean
Rubsamen as members of the Housing, Residential Rent, and Relocation
Board
Attachments:
20 9-30-03.pdt",16,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"ORAICouncilmember Ayes:
4 -
Councilmember Wan, President of the Council De La Fuente,
Councilmember Reid and Councilmember Chang
Subject:
CDBG District Boundaries Adjustments
From:
Community and Economic Development Agency
21
Recommendation: Adopt a Resolution to amend Resolution No. 76276 C.M.S.
to extend the term of elected Community Development District Board and
Citizens Advisory Committee members to two-years; and to realign Community
Development District boundaries based upon the new low and moderate
income block group determinations from the 2000 Census data and the
redistricting of City Council District boundaries
-
Attachments:
21 9-30-03.pdf,
78102 CMS.pd
Resolution Number 78102 C.M.S.
A motion was made by Councilmember Wan, seconded by Councilmember Quan,
that this matter be Adopted. The motion was to adopt Staff Recommendation
Alternative B. The motion carried by the following vote:
Councilmember Brooks and Councilmember Reid
ORA)Councilmember Nos:
2-
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
6-
Councilmember Quan, President of the Council De La Fuente and
Councilmember Chang
Enactment No: 78102
Subject:
Salary Ordinance Amendment
From:
Finance and Management Agency
Recommendation: Approve Introduction (First Reading) of an Ordinance
22
amending the salary schedule of Ordinance No. 12298 C.M.S. (The Salary
Ordinance) to add the classifications of Animal Care Attendant, PT, Animal
Care Attendant, PPT, Animal Care Attendant, Assistant Budget Analyst,
Curator of Special Projects, Curator of Special Projects, PPT, Financial
Analyst, PPT, Marine and Aquatics Supervisor and Sports Official, PT, and to
amend the classifications of Assistant to the City Auditor, Complaint
Investigator II, Jailer III, Legal Secretary II, Legal Secretary, Supervising,
Payroll Control Specialist, Program and Performance Auditor, Senior Aide, PT
and Special Needs Coordinator",17,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Attachments:
10.20CC 11-4-03.pdf,
8.pdf,
22 9-30-03.pdf
The following individual spoke and did not indicate a position:
Sanjiv Handa
A motion was made that this matter be Continued to the Concurrent Meeting of
the Oakland Redevelopment Agency / City Council, due back on October 21,
2003. As the Introduction (First Reading) of this ordinance. The motion carried by
the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Change to extend the meeting time, 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
Subject: Robert C. Bobb-Settlement and Employment Agreement
From:
Office of the City Attorney
23
Recommendation: Adopt a Resolution authorizing the City to enter into
Settlement and Employment Agreements with Robert Bobb (""Bobb""), former
City Manager, pursuant to which Bobb will release claims he may have against
the City and provide transition assistance and services to facilitate a smooth,
effective continuation of City services for a total amount not to exceed two
hundred seventy five thousand dollars ($275,000)
Attachments:
3 9-30-03.pdf
Resolution Number 78103 C.M.S.
Contract 03-1638
The following individual spoke in favor:
Walter Thomas
The following individual spoke and did not indicate a position:
- Sanjiv Handa
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
Councilmember Brooks
ORAICouncilmember Nos:
1 -
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Reid and Councilmember Chang
Enactment No: 78103
Subject:
Prevailing Wage Law-SCR 49
24
From:
Councilmember Brunner
Recommendation: Adopt a Resolution endorsing the California State
Legislature's Conclusion (Senate Concurrent Resolution No. 49) that the
Prevailing Wage Law addresses statewide concerns
Attachments:
249-30-03.pdf,
78104 CMS.pdf
Resolution Number 78104 C.M.S.
The following individual spoke and did not indicate a position:
- Barry Luboviski
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",18,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Enactment No: 78104
Subject:
Clear Channel Billboard Relocation Agreement
From:
Community and Economic Development Agency
25
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into a Billboard Relocation Agreement with Clear Channel Outdoor Inc. to waive
its rights to compensation, including all real property and personal property
interests for twelve billboards located at 2024, 2564, and 6518 San Pablo Ave.
(total of seven billboards), 6115 and 7326 International Blvd., 743 High Street,
2715 Foothill Blvd., and 1028 98th Ave. in exchange for the reconstruction of
an existing billboard at 743 High Street, a new billboard at 3425 Ettie Street,
and the commitment of Clear Channel Outdoor, Inc. to retain its office and
operational facilities in the City of Oakland for a minimum period of ten years
Attachments:
16.pdf,
259-30-03.pdf
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject: Endymion Systems, Inc.
26
From:
Finance and Management Agency
Recommendation: Adopt a Resolution authorizing the City Manager to
negotiate and execute a professional services contract with Endymion
Systems, Inc., for a telecommunications inventory in an amount not-to-exceed
eighty one thousand dollars ($81,000)
Attachments:
17.pdf,
269-30-03.pdf,
26 Supplemental.pr
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Golden State Warriors-Settlement Agreement
27
From:
Office of the City Attorney
Recommendation: Adopt a Resolution approving the execution and delivery of
a Settlement Agreement with the Golden State Warriors and related
Amendment No. 2 to the License Agreement between the Oakland Alameda
County Coliseum Authority, Oakland Alameda County Coliseum, Inc., and the
Golden State Warriors
Attachments:
27 9-30-03.pdf,
27 Supplemental.po
78108.p
The following individual spoke and did not indicate a position:
- Sanjiv Handa
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject: Tobacco Law Enforcement Project
28
From: Oakland Police Department
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate thirty-seven thousand dollars ($37,000) from the Alameda
County Public Health Department, Tobacco Control Program for a seven-month
Tobacco Law Enforcement Project within the Police Department
Attachments:
28 pdf,
78105 CMS.pdf,
S-28 Supplemental.pdf
Resolution Number 78105 C.M.S.
Contract Number 03-1639
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78105
Agency/Councilmember Reid made a motion seconded by Agency/Councilmember
Chang to approve an urgency finding pursuant to Section 2.20.070 E(2) regarding Items
29 and 30: (A) that there is a need to take immediate action to prevent serious injury to
the public interest, (B) that the need for such action came to the attention of the body
after the posting of the 10-day agenda.",19,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"Subject:
Local Law Enforcement Block Grant
From:
Oakland Police Department
29
Recommendation: Adopt a Resolution authorizing the acceptance and
appropriation of eight hundred seventy nine thousand, one hundred
seventy-seven dollars ($879,177) in federal Local Law Enforcement Block
Grant (LLEBG) funds to the Police Department and ninety-seven thousand, six
hundred eighty six dollars ($97,686) in matching funds from Federal Asset
Forfeiture Fund to supplement front line policing efforts by providing additional
support personnel and community outreach
Attachments:
78106 CMS.pdf,
S-29 Supplemental.pd
Resolution Number 78106 C.M.S.
Contract Number 03-1640
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78106
29.1
Subject: Local Law Enforcement Block Grant-Impartial Financial Analysis
From:
Office of the City Auditor
Attachments:
S-29-1 Supplemental. pdf
*Received and Filed
Subject:
First Time Homebuyer Mortgage Assistance
30
From:
Community and Economic and Development Agency
Recommendation: A Resolution authorizing the City Manager to apply to the
California Department of Housing and Community Development (HCD) for
grant funding in an amount not to exceed $1 Million for First Time Homebuyer
Mortgage Assistance and to approve other related actions
Attachments:
78107 CMS.pdf,
S-30 Supplemental.p
Scheduling.pdf
Resolution Number 78107 C.M.S.
Contract Number 03-1641
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78107
Continuation of Open Forum
There were no additional Open Forum speakers.
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
There being no further business, and upon the motion duly made, the Agency/Council
adjourned the meeting in memory of Andrew Vejmola, Gary Doyle, Mabel Moore,
Yolanda Woodard, Ben Rivera, and Chazarus Charles Hill, Jr. at 11:29 p.m.",20,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-09-30,"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. 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
Phone:
(510) 238-7370
Fax: (510) 238-6699
Recorded Agenda (510) 238-2386
Telecommunications Display Device: (510) 839-6451",21,OaklandCityCouncil/2003-09-30.pdf
OaklandCityCouncil,2003-10-21,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Final
Oakland, California
94612
Ceda Floyd, City Clerk
Concurrent Meeting of the Oakland
Redevelopment Agency/City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
6:00 PM
Oakland City Hall, 3rd Floor
Tuesday, October 21, 2003
A meeting of the Joint Oakland Redevelopment Agency and City Council was held on
the above date. Opening with the Pledge of Allegiance, the meeting was convened at 6:
15 p.m.
1
Pledge of Allegiance
Roll Call/ORA & Council
2
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,
and President Ignacio De La Fuente, Dist. 5
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
ORA)Councilmember Present:
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
The following individuals spoke:
Cloteal Swoopes
Lori Nguyen
Carrie Liu
David Liu
Sanjiv Handa
Julia Yu
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item
from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting
as a ""non-consent"" item.
There were no modifications to the Consent Calendar.
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a ""non-
consent"" item. (Motion Maker must have voted on ""prevailing side"")
There was no action necessary on this item.
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee but
not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as
a ""non-consent"" item.
There was no action necessary on this item.
7
Approval of the Draft Minutes from the Concurrent Meetings of the Oakland Redevelopment
Agency/City Council held on September 30, 2003 and October 7, 2003
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, to *Approve the Minutes. The motion carried by the following vote:",1,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
8
Presentation of Ceremonial Matters
Subject:
Bananas Child Care Referral Agency
8.1
From:
Councilmember Chang
Recommendation: Adopt a Resolution to honor and commemorate ""Bananas""
a Child Care Information and Referral and Parent Support on its 30th
anniversary
Attachments:
0191.pdf,
78141CC.pdf
8.1.pdf
Resolution Number 78141 C.M.S.
A motion was made by Councilmember Reid, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
9
Council Acknowledgements / Announcements
The entire Agency/City Council took a point of personal privilege and requested that the
meeting be adjourned in memory of Faith Fancher.
Agency/Councilmember Reid took a point of personal privilege and requested that the
meeting be adjourned in memory of Robert Bailey.
10
CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be
acted upon by one motion of the City Council, unless a member of the public or
a Councilmember requests the opportunity to speak on an item noticed.
Subject: Declaration of a Local Emergency due to AIDS epidemic
10.1
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City
Council's Declaration of a Local Emergency due to the existence of a critical
public health crisis with regard to the AIDS epidemic
Attachments:
10.1 CC.pdf,
78110.pdf
Resolution Number 78110 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Medical Cannabis health emergency
10.2
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
10.2CC 9-30-03.pdf
Attachments:
10.2CC.pdf,
78039 CMS pdf.
78069 CMS.pdf
78111 pdf
Resolution Number 78111 C.M.S.
This Matter was Adopted on the Consent Agenda.
Enactment No: 78039
Subject: John McDonald Oakland Museum of California Foundation
10.3
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing John McDonald as a
member of the Oakland Museum of California Foundation Board
Attachments:
10.3CC.pdf
78112.p",2,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78112 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: David Kramer Board of Port Commissioners
10.4
From:
Office of the Mayor
Recommendation: Adopt a Resolution reappointing David Kramer as a
member of the Board of Port Commissioners
Attachments:
10.4CC.pdf,
78113.pdf
Resolution Number 78113 C.M.S.
The following individuals spoke against this item:
- John Grace
This Matter was Adopted on the Consent Agenda.
Subject: Benjamin Fay Budget Advisory Committee
10.5
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Benjamin Fay as Chair of the
Budget Advisory Committee
Attachments:
10.5CC.pdf,
78114.pdf
Resolution Number 78114 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: Colleen Louise Brown Community Policing Advisory Board
10.6
From:
Councilmember Chang
Recommendation: Adopt a Resolution appointing Colleen Louise Brown as a
member of the Community Policing Advisory Board
Attachments:
10.6CC.pdf,
78115.pdf
Resolution Number 78115 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Kereem Thurston Settlement Agreement
10.7
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Kereem Thurston v. City of
Oakland, et. al., United States District Court Case No. C-01 3839 WDB, our file
no. 21395, in the amount of $15,000.00; This case involves a claim of use of
excessive force (Oakland Police Department-Alleged Civil Rights Violation)
Attachments:
10.7ACC.pdf,
78116.pdf
Resolution Number 78116 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Tim Twork Settlement Agreement
10.8
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Tim Twork V. City of Oakland, et
al., Alameda County Superior Court No. 2002-049699, our file no. 21995, in the
amount of $17,500.00 (Public Works Agency Trip and Fall)
Attachments:
10.8CC.pdf,
78117.pdf
Resolution Number 78117 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Carlos and Maria Oliva Settlement Agreement
10.9
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claim of Carlos and Maria Oliva, in the
amount of $6,405.16 as a result of property damage sustained due to a sewer
flood caused by a clogged City sewer main (Public Works Agency)",3,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Attachments:
10.9CC.pdf,
78118.pdf
Resolution Number 78118 C.M.S.
The following individuals spoke and did not indicate a position on this item:
Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: Sysomphone Phiakhamta Settlement Agreement
10.10
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the claim of Sysomphone Phiakhamta in the
amount of $8,815.00, as a result of bodily injury damages sustained in an
automobile collision with a City vehicle (Oakland Police Department)
Attachments:
10.10CC.pdf,
78119.pdf
Resolution Number 78119 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject:
Business Tax Incentive Program
From:
Finance & Management Agency
10.11
Recommendations: Approve the Final Passage (Second Reading) of an
Ordinance amending Section 5.04.151 of the Oakland Municipal Code to
provide that all businesses regardless of location are eligible to participate in
the Tax Abatement Program, to codify the definition of the benchmark year for
both new and existing businesses, to require the completion of an application
for any business that wants to enroll in the program, and to codify the sunset
date for enrollment in the Program
10.11CC.pd
Attachments:
 0.22CC 9-30-03.pdf,
10.22CC Supplemental.pd
12541.pdf
Ordinance Number 12541 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12541
Subject: Development of Infiniti Automobile Dealership
10.12
From: Community and Economic Development Agency
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance authorizing sale of .93 acres of City land near Oakport Street and
Hassler Way to the Redevelopment Agency for $40,593.00, for sale to
Hendrick Automotive Group for development of an Infiniti dealership
10.12CC.pdf,
Attachments:
10.27-1CC 9-30-03.pdf,
10.27-2CC Supplemental.pdf,
12542.pdf
Ordinance Number 12542 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Enactment No: 12542
Subject: Oakland-Alameda County Coliseum Security
From:
Oakland Police Department
10.13
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending Oakland Municipal Code Chapter 8.44, ""Security for
events at the Oakland-Alameda County Coliseum Complex, Section 8.44.040,
Activities Prohibited within The Oakland-Alameda County Coliseum Complex
Parking Facility"" and Section 8.44.050, ""Penalties"" and amending Chapter 1.28,
""General Penalty,' Section 1.28.020, ""Violations as Infraction,"" Subsection A.1.
E.
Attachments:
10.34CC 9-30-03.pdf
10.34CC Supplemental.pdf,
12543.pdf
Ordinance Number 12543 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.",4,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Enactment No: 12543
Subject:
Ettie Street Pump Station Watershed
From:
Public Works Agency
10.14
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into an agreement with the State of California Water Resources Control Board
to accept and appropriate $460,000 in ""Coastal Nonpoint Source Program""
grant monies for PCB abatement in the Ettie Street Pump Station Watershed,
and to use $69,000 from the City's Clean Water Program budget as required
matching funds
Attachments:
10.14 CC 10-21-03.pdf
78120CC.pdf
Item 3 10-14-03.pd
Resolution Number 78120 C.M.S.
Contract Number 03-1609
This Matter was Adopted on the Consent Agenda.
Subject: Andes Construction Inc. - Rehabilitation of Sanitary Sewers
From:
Public Works Agency
10.15
Recommendation: Adopt a Resolution authorizing an award of a contract to
Andes Construction, Inc., for the rehabilitation of sanitary sewers in Market St.,
45th St., and West St. (Part of Subbasin 50-03) (Project No. C65120), for the
amount of one million two hundred fifty thousand two hundred twenty-five
dollars ($1,250,225) (PURSUANT TO SECTION 902-E OF THE CITY
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)
Attachments:
10.15CC 10-21-03.pdf,
78121CC.pdf,
Item 4 10-14-03.pdf
Resolution Number 78121 C.M.S.
Contract Number 03-1610
This Matter was Adopted on the Consent Agenda.
Subject:
Gallagher and Burk, Inc.
From:
Public Works Agency
10.16
Recommendation: Resolution authorizing award of a construction contract to
Gallagher and Burk, Incorporated for rehabilitation of certain streets in the City
of Oakland by the overlay method between the dates of September 1, 2003
and August 31, 2004 in the amount of $1,241,832.40 (Project No. C17180)
(
PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM
REQUIRES A 2/3 VOTE)
10.16CC 10-21-03.pdf,
Attachments:
78122CC.pdf
Item 6 10-14-03.pdf
Item 6 SUP 10-14-03.pdf
Resolution Number 78122 C.M.S.
Contract Number 03-1611
This Matter was Adopted on the Consent Agenda.
Subject:
7th Street Pump Station
10.17
From:
Public Works Agency
Recommendation: Resolution authorizing the City Manager to enter into a
professional services agreement with URS Corporation for engineering design
services for the 7th Street Pump Station project for an amount not to exceed
one hundred thousand dollars ($100,000)
Attachments:
0.17CC 10-21-03.pdf,
78123CC.pdf,
Item 7 10-14-03.pdt
Resolution Number 78123 C.M.S.
Contract Number 03-1612
This Matter was Adopted on the Consent Agenda.
Subject: Purchase of Real Property 1414 73rd Avenue
10.18
From:
Community & Economic Development Agency
Recommendation: Approve the Introduction (First Reading ) of an Ordinance
authorizing the City Manager to enter into a purchase and sale agreement to
purchase a portion of the real property located at 1414 73rd Avenue from
Lawrence P. Davenport for a total amount not to exceed $80,000 including
closing costs",5,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"10.16CC 11-4-03.pdf,
Attachments:
10.18CC 10-21-03.pdf,
12544.pdf,
Item 8 10-14-03.pdt
This Matter was Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 4, 2003 on the Consent Agenda.
Enactment No: 12544
Subject:
Installation of Bicycle Lanes
10.19
From:
Public Works Agency
Recommendation: A Resolution authorizing the City of Oakland to install
bicycle lanes on MacArthur Boulevard between Park Boulevard and Lakeshore
Avenue, by reconfiguring the travel lanes
Attachments:
10.19CC 10-21-03.pdf,
78124CC.pdf
Item 9 10-14-03.pdt
Resolution Number 78124 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Lafayette Square Park
From:
Public Works Agency
10.20
Recommendation: Adopt a Resolution authorizing an agreement between the
City Of Oakland and Berkeley Builders, Inc. dba BBI Construction (BBI) to
reimburse BBI in an amount not to exceed $95,000 for expenses for the
completion of construction of Lafayette Square Park (PURSUANT TO
SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3
VOTE)
Attachments:
10.20CC 10-21-03.pdf,
78125CC.pdf,
Item 10 10-14-03.pdf
Resolution Number 78125 C.M.S.
Contract Number 03-1613
This Matter was Adopted on the Consent Agenda.
Subject:
Linked Banking Service Ordinance
10.21
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution certifying banks that have met their
2001 and 2002 fair share goals pursuant to the City's Linked Banking Service
Ordinance
Attachments:
10.21CC 10-21-03.pdf,
78126CC.pdf,
Item 3 10-14-03.pdf
Resolution Number 78126 C.M.S.
This Matter was Approved on the Consent Agenda.
Subject: Jack London Gateway Shopping Center
10.22
From:
Community and Economic Development Agency
Recomendation: Adopt the following legistaltion:
1) Adopt a Resolution amending Resolution No. 75142 C.M.S. to replace
Community Plaza Developers, LLC, with JLG Associates, LLC, as purchaser
and developer of the Jack London Gateway Shopping Center; and
Attachments:
10.22-1CC 10-21-03.pdf,
78127CC.pdf,
Item 5 10-14-03.pdf
Resolution Number 78127 C.M.S.
This Matter was Adopted on the Consent Agenda.
2) Adopt an Agency Resolution amending Resolution No. 99-34 C.M.S to
replace Community Plaza Developers, LLC, with JLG Associates, LLC,as
purchaser and developer of the Jack London Gateway Shopping Center
Attachments:
10.22-2CC 10-21-03.pdf,
2003-72.pdf,
Item 5 10-14-03.pdf
Agency Resolution Number 2003-72
This Matter was Adopted on the Consent Agenda.",6,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject: Lexus and Infiniti Automobile Dealerships
From:
Community and Economic Development Agency
10.23
Recommendation: Adopt the following legislation
1)
Agency Resolution authorizing the purchase from the City of Oakland for
$419,407.00, for a portion of the former railroad spur (a portion of APN 041-
3902-013) located between Hassler Way and Damon Slough which was used
for various redevelopment projects known as the Lexus and Infiniti automobile
dealerships, and
Attachments:
10.23-1CC 10-21-03.pdf,
2003-73.pdf,
Item 6 10-14-06.pdf
Agency Resolution Number 2003-73
This Matter was Adopted on the Consent Agenda.
2) Approve the Introduction (First Reading) of an Ordinance authorizing the
sale from the City Of Oakland to the Redevelopment Agency of the City Of
Oakland for $419,407, for a portion of the former railroad spur (a portion of
APN 041-3902-013) located between Hassler Way and Damon Slough which
was used for various redevelopment projects known as the Lexus and Infiniti
automobile dealerships
10.17CC 11-4-03.pdf,
Attachments:
10.23-2CC 10-21-03.pdf,
12545.pdf,
Item 6 10-14-06.pd
This Matter was Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 4, 2003 on the Consent Agenda.
Enactment No: 12545
Subject:
Burns & Watry, Inc.
10.24
From:
Community and Economic Development Agency
Recommendation: Adopt an Agency Resolution appropriating up to $100,000
from Redevelopment Funds and authorizing the Agency Administrator to enter
into a contract with Burns & Watry, Inc. for services for Central City East
Redevelopment Area and the West Oakland plan adoption process for an
amount not to exceed $97,000 and $3,000.00 for contract compliance services
Attachments:
10.24CC 10-21-03.pdf
2003-74.pdf,
Item 7 10-14-03.pdt
Agency Resolution Number 2003-74 C.M.S.
Contract Number 03-019
This Matter was Adopted on the Consent Agenda.
Subject: Temporary Winter Shelter at the Oakland Army Base
10.25
From:
Department of Human Services
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into an operating agreement with Operation Dignity, Inc., funding agreements
with Alameda County and the City of Berkeley, and a lease with the Oakland
Base Reuse Authority as necessary to establish a temporary winter shelter at
the Oakland Army Base, and allocating funds for shelter operation
Attachments:
0.25CC 10-21-03.pdf,
78128CC.pdf
Item 3 10-14-03.pdf
Resolution Number 78128 C.M.S.
Contract Number 03-1614
This Matter was Adopted on the Consent Agenda.
Subject: Oakland Fund for Children and Youth Evaluation Report
10.26
From:
Department of Human Services
Recommendation: Adopt a Resolution adopting the Oakland Fund for Children
and Youth Final Evaluation Report for Fiscal Year 2002-2003
Attachments:
10.26CC 10-21-03.pdf,
78129CC.pdf,
Item 4 10-14-03.pdt
Resolution Number 78129 C.M.S.
This Matter was Adopted on the Consent Agenda.",7,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject:
Group 4 Architecture
10.27
From:
Public Works Agency
Recomendation: Adopt a Resolution authorizing Amendment Number 1 in the
amount of $230,000 to the agreement with Group 4 Architecture Research and
Planning, Inc. to complete a Master Facilities Plan and a Proposition 14
Application for a new library for a total contract amount not to exceed $500,000
Attachments:
10.27CC 10-21-03.pdf,
Item 5 10-14-03.pdf
Resolution Number 78130 C.M.S.
Contract Number 03-1615
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject: Friends of Peralta Hacienda Historical Park
From:
Public Works Agency
10.28
Recommendation: Adopt a Resolution authorizing the City Manager to accept a
contribution of ten thousand dollars ($10,000) from Friends of Peralta Hacienda
Historical Park (Friends) and award a contract in an amount not to exceed $
190,000 to Friends for project management services to oversee the
development and implementation of an interpretive exhibit project, valued at $
200,000 for Peralta Hacienda Historical Park
Attachments:
10.28CC 10-21-03.pdf,
78131CC.pdf,
Item 7 10-14-03.pd
Resolution Number 78131 C.M.S.
Contract Number 03-1616
This Matter was Adopted on the Consent Agenda.
Subject: Fruitvale Pedestrian Plaza Public Art Project Daniel Camacho
10.29
From:
Cultural Arts & Marketing Department
Recommendation: Adopt a Resolution authorizing a Professional Services
Agreement between the City of Oakland and Daniel Camacho in an amount not
to exceed $47,000 for the Fruitvale Pedestrian Plaza Public Art Project
Attachments:
10.29CC 10-21-03.pdf,
78133CC.pdf,
Item 8 10-14-03.pdt
Resolution Number 78133 C.M.S.
Contract Number 03-1617
This Matter was Adopted on the Consent Agenda.
Enactment No: 78133
Subject:
Fruitvale Pedestrian Plaza Public Art Project Vickie Jo Sowell
10.30
From:
Cultural Arts & Marketing Department
Recommendation: Adopt a Resolution authorizing a professional services
agreement between the City of Oakland and Vickie Jo Sowell in an amount not
to exceed $25,000 for the Fruitvale Pedestrian Plaza Public Art Project
Attachments:
10.30CC 10-21-03.pdf,
78132.TIF
Item 9 10-14-03.pd
Resolution Number 78132 C.M.S.
Contract Number 03-1618
This Matter was Adopted on the Consent Agenda.
Enactment No: 78132
Subject:
Oakland Museum Renovation
10.31
From:
Cultural Arts and Marketing Department
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into a no-cost agreement with the Oakland Museum of California Foundation to
oversee renovation of the Oakland Museum of California building, made
possible by Measure G (Zoo, Museum and Science Center Improvement
General Obligation Bonds) and additional private fund raising
Attachments:
10.31CC 10-21-03.pdf,
78134CC.pdf,
Item 11 10-14-03.pdf",8,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78134 C.M.S.
Contract Number 03-1619
This Matter was Adopted on the Consent Agenda.
Subject:
Oakland Youth Court Project
From:
Oakland Police Department
10.32
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf
of the City of Oakland, to accept and appropriate a grant in the amount not to
exceed two hundred and eight thousand and seventy two dollars ($208,072)
from the State of California Office of Criminal Justice Planning (OCJP) Juvenile
Accountability Incentive Block Grant (JAIBG) Program and authorizing a
funding agreement in an amount not to exceed one hundred and ninety four
thousand five hundred and fifty five dollars($194,555) with the Donald P.
McCullum Youth Court, for the implementation of the Oakland Youth Court
Project
Attachments:
10.32CC 10-21-03.pdf
78135CC.pdf,
Item 4 10-14-03.pdf
Resolution Number 78135 C.M.S.
Contract Number 03-1620
This Matter was Adopted on the Consent Agenda.
Subject:
Electronic Crime Task Force
From:
Oakland Police Department
10.33
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate a maximum of thirteen thousand dollars ($13,000) in federal
funds from the United States Department of the Treasury, United States Secret
Service (USSS) to the Oakland Police Department for the overtime costs of one
(1) Police Officer assigned to the Organized Crime Drug Enforcement Task
Force (OCDETF) and the Electronic Crime Task Force for the period of
October 14, 2003 to September 30, 2004
Attachments:
10.33CC 10-21-03.pdf
78136CC.pdf,
Item 5 10-14-03.pdf
Resolution Number 78136 C.M.S.
Contract Number 03-1621
This Matter was Adopted on the Consent Agenda.
Subject: California Seat Belt Compliance Campaign
10.34
From:
Oakland Police Department
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf
of the City of Oakland, to accept and appropriate a grant in an amount not to
exceed forty-nine thousand six hundred and forty-six dollars ($49,646) from the
State of California, Office of Traffic Safety for a four-month California Seat Belt
Compliance Campaign within the Police Department
Attachments:
10.34CC 10-21-03.pdf.
78137CC.pdf,
Item 6 10-14-03.pdt
Resolution Number 78137 C.M.S.
Contract Number 03-1622
This Matter was Adopted on the Consent Agenda.
Subject:
Language Translation Services
From:
Oakland Police Department
10.35
Recommendation: Receive a report and adopt the proposed resolution
authorizing the City Manager, on behalf of the City of Oakland, to enter into a
two-year Professional Services Agreement between the City of Oakland and
Language Line Services, LLC, in an amount not to exceed one hundred eighty-
seven thousand, four hundred thirty dollars ($187,430) for the two-year period
of July 1, 2003 to June 30, 2005 for language translation services; on the
October 14, 2003 Public Safety Committee agenda
10.35CC 10-21-03.pdf
Attachments:
78138CC.pdf,
Item 7 10-14-03.pdf,
Sched 0173.pdf",9,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78138 C.M.S.
Contract Number 03-1623
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
This Matter was Adopted on the Consent Agenda.
Subject:
Compass Group, USA
10.36
From:
Oakland Police Department
Recommendation: Adopt a Resolution authorizing an agreement between the
City of Oakland and Compass Group, USA by and through its Canteen
Correctional Services Division in an amount not to exceed three hundred
thousand dollars ($300,000) in Fiscal Year 2003-2004 for the provision of food
and food service management for the City of Oakland Jail
Attachments:
78139CC.pdf
Item 9 10-14-03.pdf
Sched 0172.pdf
Resolution Number 78139 C.M.S.
Contract Number 03-1624
This Matter was Adopted on the Consent Agenda.
Subject:
Firefighter Protective Footware
From:
Oakland Fire Department
10.37
Recommendation: Adopt a Resolution awarding two contracts to L.N. Curtis
and Bricker Mincolla for firefighter protective footwear in an amount not to
exceed two hundred sixty thousand dollars ($260,000) for both contracts, for
the period August 31, 2003 through August 30, 2006 and authorizing City
Manager to extend said contracts, one year at a time, until August 31, 2008, for
a total annual expenditure for both contracts, thereafter, of eighty six thousand
six hundred sixty six dollars ($86,666)
10.37CC 10-21-03.pdf,
Attachments:
78140CC.pdf,
Item 10 10-14-03.pdf,
Item 10 SUP 10-14-03.pd
Resolution Number 78140 C.M.S.
Contract Number 03-1625
This Matter was Adopted on the Consent Agenda.
The Council recessed at 6:49 p.m. and reconvened at 7:05 p.m. with a quorum being
noted.
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
including all the preceding items marked as having been adopted on the Consent
Agenda. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
11
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed
Session",10,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"There were three decisions made during Closed Session:
Item 2d, Gertrude Schiffman:
Council authorized settlement in the amount of $47,450.00.
This action was based on an alleged dangerous condition of a City sidewalk.
Plaintiff suffered a broken elbow and lower arm and hand injuries, which required
surgery when she tripped and fell on an allegedly buckled and uneven section of the
sidewalk. Documented medical expenses total $23,724.70.
Motion made by Quan, seconded by Brooks; 8 Ayes.
Item 2e, Yuen:
Council authorized settlement in the amount of $225,000.00.
Plaintiff alleged that the City's contractor negligently performed an emergency repair to a
sewer main that ran to the rear of plaintiffs' property, causing intrusion of 870 gallons of
sewage into their home. Plaintiffs claimed that due to the sewage intrusion, the first
floor of their home was removed and reconstructed. Motion made by Quan, seconded
by Reid; 7 Ayes, 1 Abstained Brunner.
Item 2h, People v. Arcadia Machine and Tool, Inc.
Council unanimously authorized settlement with 5 of the defendants. In this action filed
in 1999, City joined several other municipalities, including San Francisco and Los
Angeles, in suing various gun dealers, distributors and manufacturers.
City and the other plaintiffs charged that defendants contributed to a public nuisance in
violation of the Business & Professions Code section 17200 by selling guns without
ensuring safe sales practices to prevent sales by retailers to straw purchasers and gun
traffickers.
The five defendants who agreed to settlement include 2 California gun dealers and 3
gun distributors who sold guns into California.
The five defendants agreed to take steps to prevent firearms from being sold into the
underground marked in California including, but not limited to:
Not selling firearms at gun shows;
Implementing an enhanced inventory tracking plan to ensure that
firearms are not lost or stolen;
Annually training all employees how to recognize and block sales
to straw purchasers; adopting as the store's policy ""to go beyond
the law in verifying the identity of the actual purchaser of a firearm;
and maintaining electronically all firearm trace requests conducted
by the Bureau of Alcohol, Tobacco, Firearms and explosives.
Motion made by Quan, seconded by Reid; 8 Ayes.
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Quan, to accept the oral report from the City Attorney on final decisions made during
Closed Session, and hearing no objections, all members present were recorded as
voting: Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan,
Wan and President of the Council De La Fuente -5; Absent: Brooks, Brunner, and Reid
-3
The following individuals 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
Agency/Councilmember Chang made a motion seconded by Agency/Councilmember
Quan confirming that there were no discussions pursuant to Section 15 of the Sunshine
Ordinance, and hearing no objections, the motion passed by Ayes: Agency/
Councilmember: Chang, Nadel, Quan, Wan and President of the Council De La Fuente
-5; Absent: Brooks, Brunner, and Reid -3
13
Reconsideration of Ordinances pursuant to Charter Section 216
There were no reconsideration of Ordinances to address.
Councilmembers Brooks, Brunner, and Reid were noted present at 7:09 p.m.
14
Consideration of items with statutory Public Hearing Requirements:",11,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject: Tree Removal Appeal 2848 Longwalk Drive Public Hearing
14.1
From:
Office of Parks and Recreation
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a
Resolution denying the appeal filed by Festus Ogbeide against the decision of
the Director of the Office of Parks and Recreation approving the issuance of
tree removal permit DR03-053 fot the property located at 2848 Longwalk Drive
Attachments:
14.1.pdf,
78142CC.pdf
Resolution Number 78142 C.M.S.
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:12
p.m.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -7; Recused: Chang -1
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Reid, to adopt the resolution on Item 14.1, and hearing no objections, the motion passed
by Ayes: Agency/Councilmember: Brooks, Brunner, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -7; Recused: Chang -1
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Chang
ORAICouncilmember Recused:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks and Councilmember Reid
Councilmember Chang was noted present at 7:14 p.m.
Subject: Service Enriched Permanent Housing Residential Activity Public
Hearing
14.2
From:
Community and Economic and Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a
Resolution denying the appeal and sustaining the decision of the City Planning
Commission in denying the application for a Major Conditional Use Permit to
establish a Service Enriched Permanent Housing Residential Activity within an
existing structure located at 2375 Fruitvale Avenue
Attachments:
14.2.pdf,
78143CC.pdf,
Scheduling.pd",12,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78143 C.M.S.
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:14
p.m.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Change, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
The following individuals spoke in favor of this item:
Ken Lupoff
Teresa Orozzo
Debra Ramirez
Patricia Ruelas
Abraham Ruelas
The following individuals spoke against this item:
Alfonso Cerbo
Michael Bell
Albert Hunting
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
-Ricard Maia
-Gracy Mangrobay
-Rajina A. Scott
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brunner, to adopt the resolution on Item 14.2, and hearing no objections, the motion
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan,
Wan and President of the Council De La Fuente -8
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Joint Living and Working Quarters Public Hearing
From:
Community and Economic Development Agency
14.3
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending the Oakland Planning Code to allow the conversion of existing non-
residential buildings to residentially-oriented joint living and working quarters in
the downtown area bounded by Highway 980/Brush Street, the estuary
shoreline, the Lake Merritt/Estuary Channel, the western shore of Lake Merritt,
and 27th Street
Attachments:
10.18CC 11-4-03.pdf,
12546.pdf,
14.3.pdf
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:51
p.m.
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Wan, to close the Public Hearing, and hearing no objections, the motion passed by Ayes
: Agency/Councilmember: Brooks, Brunner, Change, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
Agency/Councilmember Chang made a motion, seconded by Agency/Councilmember
Brunner, to introduce the ordinance as amended on Item 14.3 to remove the standard
that the total floor area of the project does not exceed 100,000 square feet and to
include that changes to the exterior of a building that is greater than 100,000 square
feet are subject to design review, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Reid, Quan, Wan and
President of the Council De La Fuente -7; Abstained: Nadel",13,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"A motion was made by Councilmember Chang, seconded by Councilmember
Brunner, 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 November 4, 2003. The motion carried by the following
vote:
Vice Mayor Nadel
ORAICouncilmember Abstained:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
Quan, President of the Council De La Fuente, Councilmember
Brooks, Councilmember Reid and Councilmember Chang
Subject: Large-Scale Combined Retail and Grocery Sales Public Hearing
14.4
From:
Community and Economic Development Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending the Oakland Planning Code to define ""Large-Scale Combined Retail
and Grocery Sales Commercial Activities""; and to prohibit this activity type in all
zones (TITLE CHANGE)
Attachments:
10.19CC 11-4-03.pdf,
12547 pdf.
14.4.pdf
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 8:10
p.m.
Agency/Councilmember Nadel 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, Change, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
- Richard Benson
- Daniel Beagle
- Amaha Kassa
- Byron Williams
- Richard Benson
- Dominic Chiovare
The following individual spoke in favor:
- Julia Arno
The following individual spoke against:
- Jerry Huff
Agency/Councilmember Nadel made a motion, seconded by President De La Fuente, to
introduce the ordinance on Item 14.4, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente; No: Brooks -1
A motion was made by Vice Mayor Nadel, seconded by President of the Council
De La Fuente, that this matter be Approved on Introduction for Final Passage to
the Concurrent Meeting of the Oakland Redevelopment Agency / City Council,
due back on November 4, 2003. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Nos:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks and Councilmember Chang
ACTION ON NON-CONSENT ITEMS:",14,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Subject: Family Violence Prevention Services
From:
Oakland Police Department
15
Recommendation: Adopt a Resolution authorizing the acceptance and
appropriation of one hundred fifteen thousand dollars ($115,000.00) in U.S.
Department of Justice, Governor's Office of Criminal Justice Planning Law
Enforcement Specialized Units Program grant funds to the Police Department
and authorizing the City Manager to enter into a professional services
agreement with the Family Violence Law Center in the amount not to exceed
four hundred forty seven thousand five hundred dollars ($447,500.00) for
Family Violence Prevention Services
Attachments:
78144. pdf
Resolution Number 78144 C.M.S.
Contract Number 03-1626
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Quan, to adopt the resolution as amended to revise the fifth paragraph to read:
""WHEREAS, the Police Department requests authorization to negotiate a Professional
Services Agreement with the Family violence Law Center in an amount not to exceed
four hundred forty seven thousand five hundred dollars ($447,500) for family violence
prevention, case management, legal advocacy and crisis intervention;""
and revise the fifteenth paragraph to read:
""FURTHER RESOLVED: That the City Manager is authorized to enter into an
agreement with the Family violence Law Center for family violence prevention, case
management, legal advocacy and crisis intervention associated with the Domestic
Violence Program.
and directed staff to continue to negotiate with the Family Violence Law Center for a
contract to provide case management services for the remaining funding, and hearing
no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner,
Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted as Amended. The motion carried by the following vote
:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 78144
15.1
Subject: Family Violence Prevention Services - Impartial Financial Analysis
From:
Office of the City Auditor
Attachments:
15-1.pdf
The following individual spoke in favor of this item:
Michael Colbruno
The following individuals spoke against this item:
Karen Huff
- Sanjiv Handa
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be *Received and Filed. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",15,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"16.pdf,
25 9-30-03.pdf
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Reid, directing staff to draft the agreement as outlined below, and include in the staff
report the value of the agreement, and the size and location of the billboards to be
removed in each Council District, and return to the November 4, 2003, City Council
meeting.
The Agreement is to include the following:
1.
A one-time payment by Clear Channel of $100,000 to the City's General Fund,
2.
Clear Channel to retain its office and operational facilities in Oakland for a minimum
of ten years,
3.
Reduce the size of the 2 new freeway billboards to 672 square feet; one to be
located in East Oakland, one to be located in West Oakland, and
4. The number of billboards to be removed is increased by twenty, for a total of 32 (net
gain of 30 billboards to be removed),
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
The following individual spoke against this item:
-Jerry Huff
The following individuals spoke and did not indicate a position on this item:
Sanjiv Handa
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Endymion Systems, Inc.
17
From:
Finance and Management Agency
Recommendation: Adopt a Resolution authorizing the City Manager to
negotiate and execute a professional services contract with Endymion
Systems, Inc., for a telecommunications inventory in an amount not-to-exceed
eighty one thousand dollars ($81,000)
Attachments:
17 .pdf,
26 9-30-03.pdf,
26 Supplemental.pd
The following individual spoke against this item:
-Raul Pena
*Withdrawn with No New Date
Subject: Salary Ordinance Amendment
From:
Finance and Management Agency
Recommendation: Approve the Final Passage (Second Reading) of an
18
Ordinance amending the salary schedule of Ordinance No. 12298 C.M.S. (The
Salary Ordinance) to add the classifications of Animal Care Attendant, PT,
Animal Care Attendant, PPT, Animal Care Attendant, Assistant Budget Analyst,
Curator of Special Projects, Curator of Special Projects, PPT, Financial
Analyst, PPT, Marine and Aquatics Supervisor and Sports Official, PT, and to
amend the classifications of Assistant to the City Auditor, Complaint
Investigator II, Jailer III, Legal Secretary II, Legal Secretary, Supervising,
Payroll Control Specialist, Program and Performance Auditor, Senior Aide, PT
and Special Needs Coordinator
10.20CC 11-4-03.pdf
Attachments:
12548.pdf
18.pdf,
229-30-03.pdf",16,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brooks, to approve the introduction of the ordinance, with the caveat that this
agreement is consistent with other agreements that have been made, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner,
Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on November 4, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Safety Element of the General Plan
19
From:
Community and Economic Development Agency
Recommendation: A Continued Discussion to Receive an Informational Report
regarding the update to the Safety Element of the City of Oakland's General
Plan
Attachments:
14.2.pdf,
169-30-03.pdf,
19.pdf
At the October 16, 2003 Rules and Legislation Committee this item was withdrawn and
rescheduled to the December 16, 2003 City Council meeting.
AT 9:20 P.M. PRESIDENT OF THE CITY COUNCIL, DE LA FUENTE, RELINQUISHED
THE CHAIR TO AGENCY/COUNCILMEMBER CHANG AND RESUMED THE CHAIR
AT 9:41 P.M.
Subject:
Draft Housing Element
20
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution authorizing the City Manager to submit
the Draft Housing Element to the California Department of Housing and
Community Development
Attachments:
20.pdf,
78145CC. pdf
Resolution Number 78145 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Svea Dienel
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
Councilmember Brooks
ORA)Councilmember Nos:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Reid and Councilmember Chang
Subject:
Proposition 40 Projects
From:
Public Works Agency
21
Recommendation: Approve Recommendations regarding allocating
Proposition 40 (California Clean Water, Clean Air, Safe Parks, and Coastal
Protection Act of 2002) Per Capita Program Funds ($1,798,000.00) and Roberti
-Z'Berg-Harris Program ($1,804,043.00) Block Grants, applying for Proposition
40 Murray-Hayden and Frommer Urban Parks Act Competitive Grant Program
Funds, and reallocating $350,000.00 in Proposition 12 (2000 State Park Bond)
Per Capita Program Funds
Attachments:
21.pdf,
Item 3 9-23-03.pdf",17,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Wan, to adopt the resolution on Item 21, and hearing no objections, the motion passed
by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan
and President of the Council De La Fuente -8
The following individuals spoke in favor of this item:
-Harry Greer
-Gwen Marshall Jackson
-Beatrice Wong
-Carl Chan
-Jenny Lam
-Becky Wong
-Carolyn Yee
-Holly Lucinda Alonso
-Rosario Flores
-Claudia Albano
-Thomas McCoy
-Fredrick D. Pugh
-Kathryn Raymond
-Edwin Samraii
-Geoorgia Davenport
-Christina Mei Cheung
-Gwen Jackson
-Wilhelm K. Lam
-Jon Sarriugarte
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Approved. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
1. Adopt a Resolution authorizing the application, acceptance and
appropriation of grant funds for the Per Capita Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act
of 2002 in the amount of one million seven hundred ninety-eight thousand
dollars ($1,798,000.00), for the following projects: Lawn Bowling Roof Repair in
the amount of one hundred fifty thousand dollars ($150,000.00); Estuary Park
in the amount of two hundred thousand dollars ($200,000.00); Live Oak Pool
Deck Repair in the amount of five hundred fifty thousand dollars ($550,000.00);
Dimond Recreation Center Deck Repair in the amount of five hundred
thousand dollars ($500,000.00); Dunsmuir House Electrical Repair in the
amount of seventy thousand dollars ($70,000.00); Recreation Center Fire
Alarm Repairs in the amount of thirty thousand dollars ($30,000.00) and Lincoln
Square Park Tot Lot Repair in the amount of two hundred ninety-eight
thousand dollars ($298,000.00)
Attachments:
21.pdf,
78150CC.pdf
Resolution Number 78150 C.M.S.
Contract Number 03-1628
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",18,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"2. Adopt a Resolution approving the application, acceptance and appropriation
of Roberti-Z'berg-Harris Block Grant Program Funds from the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002
in the amount of one million, eight hundred four thousand and forty-three
dollars ($1,804,043.00) for the following projects: Martin Luther King, Jr. Plaza
Park in the amount of one hundred thousand dollars ($100,000.00); Castle
Canyon Trust Riparian Habitat Preservation Acquisition in the amount of three
hundred thousand dollars ($300,000.00); Greenman Field in the amount of five
hundred thousand dollars ($500,000.00); Clinton Park Tot Lot Improvements in
the amount of two hundred fifty thousand dollars ($250,000.00); Lake Merritt
Improvements in the amount of two hundred fifty-four thousand and forty-three
dollars ($254,043); and Arroyo Viejo Creek at The Oakland Zoo in the amount
of four hundred thousand dollars ($400,000.00)
Attachments:
21.pdf,
78151CC.pdf
Resolution Number 78151 C.M.S.
Contract Number 03-1629
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Proposition 40 Projects
From:
Public Works Agency
Recommendations: A Continued discussion to Approve the following
legislation:
1) Adopt a Resolution authorizing the application, acceptance and
appropriation of grant funds for the Murray-Hayden Program from the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act
of 2002 for the following projects: The Main Library Children's Courtyard in the
amount of one hundred forty-six thousand dollars ($146,000.00); Raimondi
Field in the amount of five hundred thousand dollars ($500,000.00); and,
Peralta Hacienda Historic Park in the amount of five hundred thousand dollars (
$500,000.00), and
Attachments:
21.pdf
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
4. Adopt a Resolution authorizing the application, acceptance and
appropriation of grant funds for the Urban Park Act of 2001 Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002 for the following projects: East Oakland Sports Complex
in the amount of three million dollars ($3,000,000.00); and The Cryer Site
Conversion to a Community Center in the amount of six hundred fifty thousand
dollars ($650,000.00)
Attachments:
21.pdf
Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
5. Adopt a Resolution amending Resolution No. 76723 C.M.S. authorizing the
application, allocation and appropriation of grant funds for the Per Capita Grant
Program from the State Of California Department of Parks and Recreation
under the Safe Neighborhood Parks Clean Water, Clean Air, and Coastal
Protection Bond Act Of 2000 (Proposition 12) in order to authorize a change in
the application, acceptance, allocation and appropriation of funding from
Lafayette Square Park in the amount of three hundred fifty thousand dollars (
$350,000.00) to Lincoln Square Tot Lot in the amount of two hundred and two
thousand dollars ($202,000.00) and tot lot surfacing repairs in the amount of
one hundred forty eight thousand dollars ($148,000.00)
Attachments:
21.pdf,
78152CC.pdf",19,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resolution Number 78152 C.M.S.
Contract Number 03-1630
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Wan, to adopt the resolution on Item 21-1, 21-2, 21-5, and include direction that if funds
are available for reprogramming from Items 21-2 and 21-5, that they be dedicated for
playground safety to include restoration of the 25th Street Mini Park. The motion also
included direction on that the reprogrammed funds recommendation come back to the
Life Enrichment Committee for discussion, and hearing no objections, the motion
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan,
Wan and President of the Council De La Fuente -8
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Conflict of Interest Code
22
From:
Office of the City Attorney
Recommendation: Approve the Introduction (First Reading) of an Ordinance
amending Ordinance Number 11562 C.M.S., adopted on March 23, 1993, as
amended, Oakland Municipal Code Chapter 3.16, enacting a Conflict of Interest
Code for City of Oakland Employees, Members of Boards and Commissions,
and Consultant Positions
0190.pdf,
Attachments:
10.21CC 11-4-03.pdf,
12549.pdf,
22.pdf
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Brooks, seconded by Councilmember
Chang, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on November 4, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Statewide Ballot Initiative
23
From:
Councilmember Brooks
Recommendation:Adopt a Resolution supporting a statewide ballot initiative to
require voter approval before State government may confiscate local tax funds
Attachments:
23.pdf,
78148CC.pdt
Sched 0183.pdf
Resolution Number 78148 C.M.S.
The following individuals spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made that this matter be Adopted. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Montclair Business Improvement District
24
From: Community and Economic Development Agency
Recommendation: Adopt a Resolution of Intention to levy an annual
assessment for Fiscal Year 2004-2005 for the Montclair Business Improvement
District, approving the Annual Report of the Montclair Business Improvement
District Advisory Board, and scheduling a public hearing for November 4, 2003
Attachments:
24.pdf,
78146CC.pdf",20,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Resoluion Number 78146 C.M.S.
A motion was made by Councilmember Brunner, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Rockridge Business Improvement District
25
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution of Intention to levy an annual
assessment for Fiscal Year 2004-2005 for the Rockridge Business
Improvement District, approving the Annual Report of the Rockridge Business
Improvement District Advisory Board, and scheduling a public hearing for
November 4, 2003
Attachments:
25.pdf,
78147CC.pdf
Resolution Number 78147 C.M.S.
A motion was made by Councilmember Brunner, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Andes Construction On Call Services
From:
Public Works Agency
26
Recommendation: Resolution authorizing award of a contract to Andes
Construction, Inc. for the On Call Sanitary Sewers and Storm Drains
Emergency Projects and authorizing the City Manager to negotiate and extend
the contract for an additional year for sanitary sewers, storm drains and related
work (City Project No. C219530), for the amount of two hundred fifty thousand
dollars ($250,000) (PURSUANT TO SECTION 902-E OF THE CITY
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)
Attachments:
78149CC.pdf,
Item 26.pdf,
Item 5 10-14-03.pdt
Resolution Number 78149 C.M.S.
Contract Number 03-1627
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Enforcement of Public Nuisance Actions
27
From:
Councilmember Quan and President De La Fuente
Recommendation: Adopt an Ordinance amending Chapter 1.08 of the ""Civil
Penalties"", Chapter 1.12 ""Administrative Citations"", and Chapter 1.16
Alternative Administrative Procedures for Abatement of Certain Violations"" of
the Oakland Municipal Code for enforcement of public nuisance actions
10.22CC 11-4-03.pdf
Attachments:
12550.pdf,
Item 12 10-14-03.pc
Item 27 pdf",21,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-10-21,"Agency/Councilmember Quan made a motion, seconded by President De La Fuente, to
approve the introduction for Final Passage with the amendment to include an additional
Whereas clause that the City Council intends that the amendments authorized apply to
the fullest extent possible to any and all nuisance properties including, but not limited to,
properties owned, operated, regulated or overseen by the Oakland Housing Authority,
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
The following individuals spoke and did not indicate a position on this item:
Graham Carter
- Amy Alschul
A motion was made 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 November 4, 2003. The motion carried by the following
vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the
Council)
There being no further business, and upon the motion duly made, the Agency/Council
adjourned the meeting in memory of Faith Fanche and Robert Bailey at 11:32 p.m.
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and
Committee meetings please contact the Office of the City Clerk. When
NOTES
possible, please notify the City Clerk 48 hours prior to the meeting so we can
make reasonable arrangements to ensure accessibility. Also, in compliance
with Oakland's policy for people with environmental illness or multiple chemical
sensitivities, please refrain from wearing strongly scented products to meetings.
Office of the City Clerk
Phone:
(510) 238-7370
Fax: (510) 238-6699
Recorded Agenda (510) 238-2386
Telecommunications Display Device: (510) 839-6451",22,OaklandCityCouncil/2003-10-21.pdf
OaklandCityCouncil,2003-11-04,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Final
Oakland, California
94612
Ceda Floyd, City Clerk
Concurrent Meeting of the Oakland
Redevelopment Agency/City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
6:00 PM
Oakland City Hall, 3rd Floor
Tuesday, November 4, 2003
A meeting of the Joint Oakland Redevelopment Agency and City Council was held on
the above date. Opening with the Pledge of Allegiance, the meeting was convened at 6:
10 p.m.
1
Pledge of Allegiance
Roll Call/ORA & Council
2
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,
and President Ignacio De La Fuente, Dist. 5
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
ORA)Councilmember Present:
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
The following individuals spoke on this Item:
Patricia Kevena Fili
Frank Brodsky
-
Steven Edrington
- Jackie Castain
- Brooke A. Levin
Deloris Allen
- Hector Reyna
- Hugh Bassette
Sanjiv Handa
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.
Modifications were made to Consent Calendar Items 10.25CC which was withdrawn and
rescheduled to the December 16, 2003 City Council meeting; and 10.35CC which was
rescheduled to the November 18, 2003 City Council meeting
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a ""non-
consent"" item. (Motion Maker must have voted on ""prevailing side"")
There was no action necessary on this item.
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee but
not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as
a ""non-consent"" item.
There was no action necessary on this item.",1,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on October 21, 2003
A motion was made by Councilmember Reid, seconded by Councilmember
Chang, to *Approve the Minutes. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
8. Presentation of Ceremonial Matters
There were no ceremonial matters.
9. Council Acknowledgements / Announcements
Agency/Councilmembers Wan and Reid took a point of personal privilege and requested
that the meeting be adjourned in memory of Bernadette Brittin.
Vice Mayor Nadel took a point of personal privilege and requested that the meeting be
adjourned in memory of Frank Cheney.
Agency/Councilmember Reid took a point of personal privilege and requested that the
meeting be adjourned in memory of Eugene Jones and Steven Rucker.
Agency/Councilmember Quan took a point of personal privilege and requested that the
meeting be adjourned in memory of Kim Jones.
10. CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be
acted upon by one motion of the City Council, unless a member of the public or
a Councilmember requests the opportunity to speak on an item noticed.
Subject: Declaration of a Local Emergency due to AIDS epidemic
10.1CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City
Council's Declaration of a Local Emergency due to the existence of a critical
public health crisis with regard to the AIDS epidemic
Attachments:
10.1CC 11-4-03.pdf,
78153.pdf
Resolution Number 78153 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Medical Cannabis health emergency
10.2CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing the City Council's Declaration
of a local public health emergency with respect to safe, affordable access to
Medical Cannabis in the City of Oakland
Attachments:
10.2CC 11-4-03.pdf,
78154. pdf
Resolution Number 78154 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",2,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject: Emma Monroe Settlement Agreement
10.3CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Emma Monroe, in the amount of
$9,175.00 as a result of property damage sustained when a City of Oakland
vehicle collided with her parked vehicle.(Oakland Fire Department)
Attachments:
10.3CC 11-4-03.pdf,
78155.pdf
Resolution Number 78155 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Kent Luu, Lena Luu, and Lily Luu Settlement Agreement
10.4CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Kent Luu, Lena Luu, Lily Luu V.
City of Oakland, et al., Alameda County Superior Court case no. 2002-045902,
our file no. 21760, in the amount of $13,750.00 as a result of an automobile
accident with an Oakland Police Department patrol vehicle
Attachments:
78156.pdf
Resolution Number 78156 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Marc A. Singer Settlement Agreement
10.5CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Marc A. Singer v. City of
Oakland, et al., Alameda County Superior Court Case no. 2001-031132, our file
no. 21494, in the amount of $8,000.00 as a result of a trip and fall on a
sidewalk (Public Works Agency)
Attachments:
10.5CC 11-4-03.pdf,
78157.pdf
Resolution Number 78157 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: David and Gwendolyn McClure Settlement Agreement
10.6CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of David and Gwendolyn McClure,
in the amount of $7,753.86, as a result of property damage sustained due to a
sewer flood caused by a clogged city sewer main. (Public Works Agency)
Attachments:
10.6CC 11-4-03.pdf,
78158.pdf
Resolution Number 78158 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",3,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject: Gertrude Schiffman Settlement Agreement
10.7CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Gertrude Schiffman v. City of
Oakland, Alameda County Superior Court No. 2001-034700, our file no. 21420,
a personal injury case in the amount of $47,450.00 (Public Works Agency) Ms.
Schiffman tripped and fell on a sidewalk on MacArthur Boulevard
Attachments:
10.7CC 11-4-03.pdf
78159.pdf
Resolution Number 78159 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Audrey & Gilbert Yuen Settlement Agreement
10.8CC
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Audrey Yuen & Gilbert Yuen V.
City of Oakland, et al., Alameda County Superior Court Case No. 834096-8,
our file no. 20508, in the amount of $225,000.00 as a result of sewage intrusion
into plaintiffs' home (Public Works Agency)
Attachments:
BCC 11-4-03.pdf
78160.pdf
Resolution Number 78160 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Councilmember Travel Authorization
10.9CC
From:
Councilmember Reid
Recommendation: Adopt a Resolution authorizing Councilmember Larry Reid
to attend the Bay Area World Trade Center ""Trade and Friendship Mission"" in
Ghana, Africa from November 19 through 26, 2003
Attachments:
10.9CC 11-4-03.pdf
78161.pdf
Resolution Number 78161 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Councilmember Travel Authorization
10.10
From:
Councilmember Brooks
CC
Recommendation: Adopt a Resolution authorizing Councilmember Desley
Brooks to attend the Bay Area World Trade Center ""Trade and Friendship
Mission"" in Ghana, Africa from November 19 through 26, 2003
Attachments:
0227.pdf,
10.10CC 11-4-03.pdf
78162 pdf
Resolution Number 78162 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",4,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject:
Judith McKee Oakland Museum of California Foundation Board
CC
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Judith McKee as a Trustee
of the Oakland Museum of California Foundation Board
Attachments:
10.11CC 11-4-03.pdf,
78163.pdf
Resolution Number 78163 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
10.12
Subject:
Donna Allen Health and Human Services Commission
CC
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Donna Allen as a member of
the Health and Human Services Commission.
Attachments:
0.12CC 11-4-03.pdf,
78164.pdf
Resolution Number 78164 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Eva Aguillard and Chris Finn Commission on Persons with
10.13
Disabilities
CC
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Eva Aguillard and Chris Finn
as members of the Commission on Persons with Disabilities
Attachments:
10.13CC 11-4-03.pdf,
78165.pdf
Resolution Number 78165 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
10.14
Subject: David Means Community Policing Advisory Board
CC
From:
Councilmember Brooks
Recommendation: Adopt a Resolution appointing David Means as a member
of the Community Policing Advisory Board
Attachments:
10.14CC 11-4-03.pdf,
10.14CC supp 11-4-03.pd
78166.pdf
Resolution Number 78166 C.M.S.
The following individual spoke and did not indicate a position on this item:
- - Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",5,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject: Wayne Yang, Charles Kong Children's Fund Planning and
10.15
Oversight Committee
CC
From: Councilmember Chang
Recommendation: Adopt a Resolution appointing Wayne Yang, and
reappointing Charles Kong as members of the Children's Fund Planning and
Oversight Committee
Attachments:
10.15CC 11-4-03.pdf
78167.pdf
Resolution Number 78167 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Purchase of Real Property 1414 73rd Avenue
10.16
From:
Community & Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading of an
Ordinance authorizing the City Manager to enter into a purchase and sale
agreement to purchase a portion of the real property located at 1414 73rd
Avenue from Lawrence P. Davenport for a total amount not to exceed $80,000
including closing costs
0.16CC 11-4-03.pd
Attachments:
10.18CC 10-21-03.pdf.
12544 pdf,
Item 8 10-14-03.pdf
Ordinance Number 12544 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 12544
Subject: Lexus and Infiniti Automobile Delearship
10.17
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance authorizing the sale from the City Of Oakland to the Redevelopment
Agency of the City Of Oakland for $419,407, for a portion of the former railroad
spur (a portion of APN 041-3902-013) located between Hassler Way and
Damon Slough which was used for various redevelopment projects known as
the Lexus and Infiniti automobile dealerships
10.17CC 11-4-03.pdf
Attachments:
10.23-2CC 10-21-03.pdf,
12545.pdf,
Item 6 10-14-06.pdt
Ordinance Number 12545 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 12545",6,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject:
Joint Living and Working Quarters
10.18
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending the Oakland Planning Code to allow the conversion of
existing non-residential buildings to residentially-oriented joint living and
working quarters in the downtown area bounded by Highway 980/Brush Street,
the estuary shoreline, the Lake Merritt/Estuary Channel, the western shore of
Lake Merritt, and 27th Street
Attachments:
10.18CC 11-4-03.pdt
12546.pdf,
14.3.pdf
Ordinance Number 12546 C.M.S.
The following individual spoke and did not indicate a position on this item:
Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
Vice Mayor Nadel
ORAICouncilmember Abstained:
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Councilmember
7-
Quan, President of the Council De La Fuente, Councilmember
Brooks, Councilmember Reid and Councilmember Chang
Subject: Large-Scale Combined Retail and Grocery Sales
10.19
From:
Community and Economic Development Agency
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending the Oakland Planning Code to define ""Large-Scale
Combined Retail and Grocery Sales Commercial Activities""; and to prohibit this
activity type in all zones (TITLE CHANGE)
Attachments:
10.19CC 11-4-03.pdf
12547. pdf,
14.4.pdf
Ordinance Number 12547 C.M.S.
The following individual spoke and did not indicate a position on this item:
Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
Councilmember Brooks
ORA)Councilmember Nos:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Reid and Councilmember Chang
Subject:
Salary Ordinance Amendment
From:
Finance and Management Agency
10.20
Recommendation: Approve the Final Passage (Second Reading) of an
CC
Ordinance amending the salary schedule of Ordinance No. 12298 C.M.S. (The
Salary Ordinance) to add the classifications of Animal Care Attendant, PT,
Animal Care Attendant, PPT, Animal Care Attendant, Assistant Budget Analyst,
Curator of Special Projects, Curator of Special Projects, PPT, Financial
Analyst, PPT, Marine and Aquatics Supervisor and Sports Official, PT, and to
amend the classifications of Assistant to the City Auditor, Complaint
Investigator II, Jailer III, Legal Secretary II, Legal Secretary, Supervising,
Payroll Control Specialist, Program and Performance Auditor, Senior Aide, PT
and Special Needs Coordinator
10.20CC 11-4-03.pdf
Attachments:
12548.pdf,
18.pdf,
22 9-30-03.pdf",7,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Ordinance Number 12548 C.M.S.
The following individual spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Conflict of Interest Code
10.21
From:
Office of the City Attorney
CC
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending Ordinance Number 11562 C.M.S., adopted on March 23,
1993, as amended, Oakland Municipal Code Chapter 3.16, enacting a Conflict
of Interest Code for City of Oakland Employees, Members of Boards and
Commissions, and Consultant Positions
0190.pdf,
Attachments:
10.21CC 11-4-03.pdf
12549.pdf,
22.pdf
Ordinance Number 12549 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Enforcement of Public Nuisance Actions
10.22
From:
Councilmember Quan and President De La Fuente
CC
Recommendation: Approve the Final Passage (Second Reading) of the
Ordinance amending Chapter 1.08 of the ""Civil Penalties"", Chapter 1.12
Administrative Citations"", and Chapter 1.16 ""Alternative Administrative
Procedures for Abatement of Certain Violations"" of the Oakland Municipal Code
for enforcement of public nuisance actions
10.22CC 11-4-03.pdf
Attachments:
12550.pdf,
Item 12 10-14-03.pdt
Item 27.pdf
Ordinance Number 12550 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved for Final Passage. The motion carried by the
following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
2004 Oakland Municipal Nominating Election
10.23
From:
Office of the City Clerk
CC
Recommendation: Adopt the following legislation related to the Statewide
Primary Election:
1) Approve the Introduction (First Reading) of an Ordinance establishing the
date of the City of Oakland Municipal Nominating Election as Tuesday, March 2
, 2004 to conform with the Statewide Primary Election; and
Attachments:
0249.pdf,
10.23CC 11-4-03.pdf
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 18, 2003. The motion carried by the following vote:",8,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
2) Adopt a Resolution requesting consolidation of the City of Oakland
Municipal Nominating Election with the Statewide Primary Election to be held in
the City of Oakland on Tuesday, March 2, 2004
Attachments:
10.23CC 11-4-03.pdf,
78171.pdf
Resolution Number 78171 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORACouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Fruitvale Business Improvement Management District
10.24
From:
Community and Economic Development Agency
CC
Recommendation: Adopt a Resolution approving and confirming the annual
report of the Fruitvale Business Improvement Management District Advisory
Board and the continuing annual assessment for the Fruitvale Business
Improvement Management District for Fiscal Years 2003-2004
Attachments:
0211.pdf,
10.24CC 11-4-03.pdf,
78170.pdf
Resolution Numbers 78170 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Lakeshore/Lake Park Business Improvement Management District
10.25
From:
Community and Economic Development Agency
CC
Recommendation: Adopt a Resolution approving and confirming the annual
report of the Lakeshore/Lake Park Business Improvement Management District
Advisory Board and the continuing annual assessment for the Lakeshore/Lake
Park Business Improvement Management District for Fiscal Years 2003-2004
Attachments:
0212.pdf,
10.25CC 11-4-03.pdf,
Item 15.pdf
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Installation of Stop Signs Madrone Avenue
10.26
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution approving: 1) installation of stop signs on
Madrone Avenue at Steele Street, on Holly Street at 79th Avenue, and on Laird
Avenue at 68th Avenue; and 2) establishment of a no parking zone on both
sides of Independent Road from 66th Avenue to Coliseum Way and on the
East Side of 66th Avenue from Independent Road to 505 66th Avenue
Attachments:
10.26CC supp 11-4-03.pdf,
78168.pdf,
Item 3 10-28-03.pd
Resolution Number 78168 C.M.S.
The following individual spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:",9,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Installation of Stop Signs 11th Street
From:
Public Works Agency
10.27
Recommendation: Adopt a Resolution approving the installation of: 1) stop
CC
signs on 11th Street at Center Street, Washington Street at 2nd Street, and
East 12th Street at 37th Avenue; 2) a two-hour parking zone on MacArthur
Boulevard (both sides) between 89th Avenue and 90th Avenue; and 3) four-
hour parking zones on Martin Luther King Junior Way (east side) between 3rd
Street and 4th Street and 4th Street (south side) between Martin Luther King
Junior Way and Jefferson Street
Attachments:
10.27CC supp 11-4-03.pdf,
78169.pdf,
Item 4 10-28-03.pdt
Resolution Number 78169 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
On-Call Curb Ramps Project
10.28
From:
Public Works Agency
CC
Recommendation: Adopt a Resolution authorizing the rejection of all bids for
On-Call Curb Ramps Project (Fiscal Year 2001-2002) (Project No. C209110),
and formally re-bid the project with return to Council for award
Attachments:
28 supp 11-4-03.pdf,
78172.pdf,
Item 6 10-28-03.pdf
Resolution Number 78172 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Joaquin Miller Park Cascade Landscaping Project
From:
Public Works Agency
10.29
Recommendation: Adopt a Resolution authorizing the City Manager to award a
CC
construction contract to the lowest responsible, and responsive bidder in
accordance with the Joaquin Miller Park Cascade Landscaping Project, Project
No. C197230, and contractor's firm, fixed bid for an amount not to exceed the
City's engineer's estimate, ninety one thousand dollars ($91,000), or if initial
bids are non-responsive and/or non-responsible, authorizing the City Manager
to reject all such bids and re-bid and/or negotiate a contract, and award a
construction contract for said project without return to City Council (PURSUANT
TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3
VOTE)
Attachments:
10.29CC supp 11-4-03.pdf,
78173. pdf,
Item 7 10-28-03.pd
Resolution Number 78173 C.M.S.
Contract Number 03-1631
A motion was made by Councilmember Quan that this matter be Adopted. The
motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang",10,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Attorney as a member of the Business Tax Board of Review and provide that
the City Manager shall select an employee of the City to serve as a member of
the Business Tax Board Of Review
Attachments:
10.33CC supp 11-4-03.pdt
Item 3 10-28-03.pdf",11,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"The following individual spoke and did not indicate a position on this item:
Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 18, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Gross Rental Receipts
10.34
From:
Finance and Management Agency
CC
Recommendation: Approve the Introduction (First Reading) an Ordinance
rescinding Section 5.04.450 of the Oakland Municipal Code to allow taxpayers
to report gross rental receipts separately for the purpose of paying the annual
business tax
Attachments:
10.34CC supp 11-4-03.pdf
Item 4 10-28-03.pdf
The following individual spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 18, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Shop Oakland Parking Program
10.35
From:
Community and Economic Development Agency
CC
Recommendation: Approve Recommendation requesting authorization of free
three-hour parking at designated meters and free parking at City parking
garages during the 2003 holiday season
Attachments:
10.16CC 11-18-03.pdf,
10.35CC supp 11-4-03.pdt
Item 7 10-28-03.pd
The following individual spoke and did not indicate a position on this item:
- Sanjiv Handa
*Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject: Pedestrian and Bicycle Related Streetscape Improvements
10.36
From:
Community and Economic and Development Agency
CC
Recommendation: Adopt an Agency Resolution authorizing an application to
the Alameda County Transportation Improvement Authority for grant funds from
the Measure B Bicycle and Pedestrian Countywide Discretion Fund for planning
and feasibility studies for intermodal streetscape improvements on Telegraph
Avenue
Attachments:
10.36CC supp 11-4-03.pdf,
2003-75.pdf,
Item 4 10-28-03.pdf
Agency Resolution Number 2003-75 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-75",12,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
3) Adopt a Resolution authorizing a grant of $200,000.00 in Federal HOME
funds to provide operating support and technical assistance to East Bay Asian
Local Development Corporation
Attachments:
10.37CC supp 11-4-03.pdf,
78179.pdf,
Item 5 10-28-03.pdf
Resolution Number 78179 C.M.S.
Contract Number 03-1636
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Sale of Real Property 1072 55th 5 Street
10.38
From:
Community and Economic Development Agency
CC
Recommendation: Adopt the following legislation regarding the sale of real
property:
1) Adopt an Ordinance authorizing the sale of the property at 1072 55th Street
to the Redevelopment Agency for $415,000.00, and
Attachments:
10.38CC supp 11-4-03.pdf,
Item 6 10-28-03.pdf
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
November 18, 2003. The motion carried by the following vote:",13,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
2) Adopt an Agency Resolution authorizing the purchase of the property at
1072 55th Street from the City for $415,000.00
Attachments:
10.38CC supp 11-4-03.pdf
2003-76.pdf,
Item 6 10-28-03.pd
Agency Resolution Number 2003-76
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-76
Subject:
Massage Service Activities
10.39
From:
Councilmember Jane Brunner
CC
Recommendation: Adopt an Ordinance regarding an urgency measure
adopting an Interim Ordinance pursuant to Government Code Section 65858
imposing a moratorium on massage service activities
Attachments:
12551.pdf,
Item 3 10-28-03.pdf
S-31.pdf
This item was renoticed as Item S-31
Subject:
Managed Health Network (MHN)
10.40
From:
Oakland Police Department
CC
Recommendation: Adopt a Resolution authorizing a professional services
agreement between the City of Oakland and Managed Health Network (MHN)
in an amount not to exceed ninety-four thousand five hundred fifty-two dollars (
$94,552) for the period of July 1, 2003 to June 30, 2005, for a Counseling
Program for sworn members of the Police Department and their dependants
Attachments:
10.40CC supp 11-4-03.pdf
78180.pdf
Item 4 10-28-03.pdf
Resolution Number 78180 C.M.S.
Contract Number 03-1637
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Public Ethics Commission Bylaws
10.41
From:
Office of the City Manager
CC
Recommendation: Approve Recommendation to obtain required City Council
ratification of amendments to the Public Ethics Commission Bylaws pertaining
to committee organization and compliance with the Sunshine Ordinance
Attachments:
10.41CC supp 11-4-03.pdf,
Item 8 10-30-03.pdf
The following individual spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Approved. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
President De La Fuente recessed the meeting at 6:52 p.m. and reconvened the meeting
at 7:02 p.m., with a quorum of the Council being noted",14,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Resolution confirming the annual report of the Montclair Business Improvement
District Advisory Board and levying the annual assessment for the Montclair
Business Improvement District for Fiscal Year 2004-2005
Attachments:
4.1 11-4-03.pdf,
78181.pdf",15,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Resolution Number 78181 C.M.S.
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:04
pm.
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Chang, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Chang, Nadel, Reid, Quan, Wan and President
of the Council De La Fuente -7; Absent: Brunner -1
COUNCILMEMBER BRUNNER WAS NOTED PRESENT AT 7:06 P.M.
A motion was made by Councilmember Reid, seconded by Councilmember Wan,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORAICouncilmember Absent:
1 -
ORAICouncilmember Ayes:
Councilmember Wan, Vice Mayor Nadel, Councilmember Quan,
7-
President of the Council De La Fuente, Councilmember Brooks,
Councilmember Reid and Councilmember Chang
Subject: Rockridge Business Improvement District Public Hearing
14.2
From:
Community and Economic Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a
Resolution confirming the annual report of the Rockridge Business
Improvement District Advisory Board and levying the annual assessment for the
Rockridge Business Improvement District for Fiscal Year 2004-2005
Attachments:
14.2 11-4-03.pdf,
78182.pdf
Resolution Number 78182 C.M.S.
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:05
pm
Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember
Quan, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente 8
A motion was made by Councilmember Reid, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
West Oakland Redevelopment Plan Public Hearing
14.3
From:
Community and Economic Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion Adopt the
following legislation:
1) Adopt a Resolution electing to receive a portion of the tax increments from
the West Oakland Redevelopment Project Area,
Attachments:
14.3 11-4-03.pdf,
78183.pdf,
Item 9 10-14-03.pdf",16,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Resolution Number 78183 C.M.S.
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:06
pm
The following individuals spoke in favor of this item:
-
Larry Rice
- Karin Mac Donald
The following individual spoke on this item and indicated a neutral position;
Hugh Bassette
The following individual spoke and did not indicate a position;
- Jed L. Silver
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Brunner, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Chang, Brunner, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente 8
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
2)
Adopt an Agency Resolution approving and adopting Rules Governing
Participation by Property Owners and the Extension of Reasonable
Preferences to Business Occupants in the West Oakland Redevelopment
Project Area
Attachments:
14.3 11-4-03.pdf,
2003-77.pdf,
Item 9 10-14-03.pd
Agency Resolution Number 2003-77 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-77
3) Adopt an Agency Resolution certifying and making findings as to the Final
Environmental Impact Report on the West Oakland Redevelopment Project
Attachments:
14.3 11-4-03.pdf,
2003-78.pdf,
Item 9 10-14-03.pdf
Agency Resolution Number 2003-78 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-78
4) Adopt a Resolution certifying and making findings as to the Final
Environmental Impact Report on the West Oakland Redevelopment Project,
Attachments:
14.3 11-4-03.pdf,
78184.pdf,
Item 9 10-14-03.pdf
Resolution Number 78184 C.M.S
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:",17,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
5) Adopt an Agency Resolution approving the Redevelopment Plan for the
West Oakland Redevelopment Project, and
Attachments:
14.3 11-4-03.pdf,
2003-79.pdf,
Item 9 10-14-03.pd
Agency Resolution Number 2003-79 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-79
6) Adopt an Ordinance approving and adopting the Redevelopment Plan for
the West Oakland Redevelopment Project
Attachments:
14.3 11-4-03.pdf,
Item 9 10-14-03.pdt
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner,
that this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency /City Council, due back on
November 18, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Joint-use School and Public Library Public Hearing
From:
Oakland Public Library
Recommendation: Conduct a Public Hearing and upon conclusion Adopt the
14.4
following legislation regarding the Joint-use School and Public Library:
1) Adopt a Resolution authorizing the City Manager to apply for, accept and
appropriate funds in an amount not to exceed six million five hundred thousand
dollars ($6.5 million) from the State of California Proposition 14 Funds (
California Reading and Literacy Improvement and Public Library Construction
and Renovation Bond Act of 2000) for the Fiscal Year 2003-2004 for the
development of a joint-use school and public library with the Oakland Unified
School District and consenting to the use of Redevelopment Agency funds as
matching funds for this grant, and authorizing an amendment to the Repayment
Agreement with the Redevelopment Agency to accept this funding of $3.5
million in Coliseum Redevelopment Set-aside Funds, and
Attachments:
14.4 11-4-03.pdf,
78185.pdf,
Item 6 10-14-03.pdf",18,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Resolution Number 78185 C.M.S
Contract No. 03-1638
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 7:25p
.m.
The following individual spoke in favor of this item:
Frank Brodsky
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Reid, to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente 8
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
2) Adopt an Agency Resolution authorizing the use of $3.5 million in Coliseum
School Setaside Funds as local matching funds for construction of a public
library at 81st and Rudsdale
Attachments:
14.4 11-4-03.pdf,
2003-80.pdf,
Item 6 10-14-03.pdf
Agency Resolution Number 2003-80 C.M.S.
Agency Contract Number 03-022
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Enactment No: 2003-80
Subject: Secondary Units Planning Code Amendment Public Hearing
14.5
From:
Community and Economic Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion Approve the
Introduction (First Reading) of an Ordinance amending the Oakland Planning
Code to modify the minimum street pavement width requirements provided by
Ordinance 12501 C.M.S. related to standards for Secondary Units
Attachments:
14.511-4-03.pdf
Upon the reading of Item 14.5 by the City Clerk, the Public Hearing was opened at 7:33
p.m.
The following individual spoke on this item and did not indicate a position:
- John Carroll
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brunner to close the Public Hearing, and upon the call of the roll, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente - 8
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency/City Council, due
back on November 18, 2003. The motion carried by the following vote:
Councilmember Brooks
ORA)Councilmember Abstained:",19,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Reid and Councilmember Chang
ACTION ON NON-CONSENT ITEMS:
Subject:
Education Teach-ins
15
From:
Vice Mayor Nadel
Recommendation: Adopt a Resolution in support of Teach-ins and Day of
Action to support education
Attachments:
0241.pdf,
15 11-4-03.pdf,
78186 CMS.pdf
Resolution Number 78186 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Reid, that
this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Measure X Limited Charter Review Committee Recommendations
From:
Measure X Limited Charter Review Committee
Recommendation: A Continued discussion to Approve a Report regarding a
16
Resolution for the Council's consideration reflecting Charter amendments
prepared by San Francisco City Attorney's Office that reflect the Measure X
Limited Charter Review Committee and City Councilmember recommendations
regarding (A) Balance of Powers among Branches of Government, (B) the
Elected City Attorney, (C) Setting Pay for Elected Officials, (D) Term Limits for
Elected Officials, (E) Mayor's Attendance at Council Meetings, (F) Number of
Councilmembers and At-Large Representatives, (G) City Council Structure and
Procedures; and (H) Role of the City Manager (I) determining whether said
Charter amendment shall appear on the March 2, 2004 or November 2, 2004
Ballot (J) need to check report (TITLE CHANGE)
16 11-4-03.pdf,
Attachments:
16 Attach A 11-04-03.pdf,
16 Attach B 11-04-03.pdf,
23 11-18-03.pdf",20,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"The following individuals spoke in favor of this item:
- Judy Cox
The following individuals spoke on this item and indicated a neutral position:
- Helen Hutchinson
- - Judy Selcher
The following individuals spoke on this itemand did not indicate a position:
- Gene Hazzard
- Rashidah Grinage
- Sanjiv Handa
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Brunner to approve the Committee majority recommendations with the amendments to
Section 503; Section 300; Section 401 (1); and Section 403, as submitted by
Councilmember Wan (Attachment A), and including the corrections submitted in the
letter from R. Zachary Wasserman (Attachment B). The Council further moved to direct
staff to submit for consideration language regarding the following proposals:
(1) The minority suggestion for 6 public meetings by the Mayor;
(2) The execution and enforcement of all adopted measures, ordinances, and budget
within the City Administrator's responsibilities;
(3) Require the Mayor to advise the City Administrator on the hiring and removal of
department/agency directors;
(4) Allow appointment by the Council to Board and Commission vacancies after three
months;
(5) Allow the Public Ethics Commission to adjust Council salaries beyond the increase in
the Consumer Price Index up to a total of 5%
(6) Require the Mayor to advise the Council prior to the removal of the City
Administrator;
(7) Require the Council to confirm by majority vote prior to the removal of the City
Administrator;
(8) Consider placing Measure X on both the March 2, 2004 and November 2, 2004 ballot
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Continued to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council, due back on November 18, 2003. The
motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Recycling Services
From:
Public Works Agency
17
Recommendation: Approve Recommendations and Receive a follow-up report
in response to an unsolicited proposal from California Waste Solutions; and
approve recommendations for establishing service parameters and soliciting
proposals for recycling services in the area of the City currently serviced by
California Waste Solutions; and a recommendation to enter into negotiations
with Waste Management of Alameda County to address Citywide recycling
service equity issues
Attachments:
17 11-4-03.pdf,
Item 11 10-14-03.po",21,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"- Susan Quinlan
The following individuals spoke on this item and did not indicate a position:
- Rashidah Grinage
- Sanjiv Handa
Agency/Councilmember Wan made a motion, seconded by Vice Mayor Nadel, to
discontinue the Risk Management Incentive Program, and develop a program like the
City of Phoenix that requires each department to manage their own risk.
Agency/Councilmember Brooks made a substitute motion, seconded by Agency/
Councilmember Quan, to direct staff to continue to review the City of Phoenix program
and return with recommendations to Council on January 6, 2004, and hearing no
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner,
Chang, Nadel, Reid, Quan, and President of the Council De La Fuente 7; No: Wan 1
A motion was made that this matter be Continued to the Concurrent Meeting of
the Oakland Redevelopment Agency / City Council, due back on January 6, 2004.
The motion carried by the following vote:",22,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Councilmember Wan
ORAICouncilmember Nos:
ORAICouncilmember Ayes:
Councilmember Brunner, Vice Mayor Nadel, Councilmember Quan,
7-
President of the Council De La Fuente, Councilmember Brooks,
Councilmember Reid and Councilmember Chang
Subject:
Discrimination Based on Sexual Orientation
19
From:
Vice Mayor Nadel; Councilmembers Wan and Quan
Recommendation: Approve the Introduction (First Reading) of an Ordinance
updating language in the City of Oakland's Municipal Code Chapter 9.44
discrimination based on sexual orientation and amending Section 9.44.010
definitions to include discrimination based on gender identity or expression (
TITLE CHANGE)
03-0045. pdf resched,
Attachments:
19 11-4-03.pdf,
Item 19 12-16-03.pdf
Item 7 10-14-03.pdf
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Oakland Convention and Visitors Bureau
From:
Cultural Arts and Marketing
20
Recommendation: An annual report of the FY 2002-2003 performance of the
Oakland Convention and Visitors Bureau (OCVB) and Adopt a Resolution
authorizing the City Manager to negotiate and execute a two-year professional
services agreement with the Oakland Convention and Visitors Bureau to
provide Visitor Marketing Services in an amount not to exceed $900,000.00 for
Fiscal Year 2003-2004 and not to exceed $650,000.00 for Fiscal Year 2004-
2005 and to pay OCVB up to fifty percent of the amount of the City's Transient
Occupancy Tax that exceed $10,262,773.00 each Fiscal Year
20 11-4-03.pdf,
Attachments:
78187.pdf,
Item 4 10-14-03.pdf,
Item 4SUP 10-14-03.pdf
Resolution Number 78187 C.M.S.
Contract Number 03-1639
A motion was made by Councilmember Quan, seconded by President of the
Council De La Fuente, that this matter be Adopted. The motion carried by the
following vote:
Councilmember Brunner
ORA)Councilmember Abstained:
ORAICouncilmember Ayes:
Councilmember Wan, Vice Mayor Nadel, Councilmember Quan,
7 -
President of the Council De La Fuente, Councilmember Brooks,
Councilmember Reid and Councilmember Chang
Subject:
Fox Theater Restoration
From:
Community and Economic Development Agency
21
Recommendation: Adopt an Agency Resolution authorizing the Agency
Administrator to negotiate and execute an Exclusive Negotiation Agreement
with Fox Theater 1 Corporation, to develop the Fox Theater and attached wrap-
around buildings into a performing arts center and home for the Oakland
School for the Arts, and authorizing the expenditure of up to eight hundred
thousand dollars ( $800,000.00) for testing, design, cleanup and related work
during the exclusive negotiating period
Attachments:
2111-4-03.pdf,
21 supp 11-4-03.pd
Item 8 10-14-03.pdf",23,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"The following individuals spoke in favor of this item:
- Patrick C. Campbell
- Phil Tagami
- Jackie Castain
Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember
Reid, to approve the item and directed staff to return to the November 18, 2003 City
Council meeting with revised legislation which includes the following recommendations
approved by the Community and Economic Development Committee:
(1) City has not agreed to sell any garages until further review; (2) Staff is to return to
Committee with the Disposition and Development Agreement and to provide alternatives
for project financing; (3) Committee is to review and approve the expenditures and
release of funds for the $800,000; (4) during the Exclusive Negotiating Agreement
process, staff is to investigate alternative ownership structures that may not include the
art school; and (5) Staff is to return with the wrap around design showing flexibility for
alternatives entities;
and hearing no objections, the motion passed by Ayes: Agency/Councilmember:
Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La
Fuente -8
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Continued to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council, due back on November 18, 2003. The
motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
West Oakland Weed & Seed Initiative
From:
Oakland Police Department
22
Recommendation: Adopt a Resolution authorizing the City Manager, on behalf
of the City of Oakland, to accept and appropriate a grant in the amount of two
hundred twenty-five thousand dollars ($225,000) from the U.S. Department of
Justice, Office of Justice Programs, Executive Office of Weed and Seed for the
continued program implementation of the West Oakland Weed and Seed
Initiative and authorizing a funding agreement in an amount not to exceed
twenty-five thousand dollars ($25,000) with the Oakland Police Activities
League for truancy and mentoring services associated with the program
22 11-4-03.pdf,
Attachments:
78188. pdf,
Item 8 10-14-03.pdf,
Sched 0182.pdf
Resolution Number 78188 C.M.S
Contract Number 03-1640
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Quan
ORAICouncilmember Abstained:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7-
President of the Council De La Fuente, Councilmember Brooks,
Councilmember Reid and Councilmember Chang
Subject:
Creations of Special Assessment Districts
From:
Oakland Fire Department
23
Recommendation: Adopt the following legislation:
1) Adopt an Ordinance establishing procedures for the creation of special
assessment districts to fund services and programs for fire suppression,
prevention and preparedness within designated areas of the City Of Oakland,
and
Attachments:
Item 23 11-4-03.pdf,
Item 11 10-14-03.pdf",24,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"The following individual spoke in favor of this item:
- Barry Pilger
The following individuals spoke against of this item:
- David E. Mix
- Larry Allen
The following individual spoke and indicated a neutral position on this item:
- Karen Paulsell
The following individual spoke and did not indicate a position on this item:
- Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Approved on Introduction for Final Passage to the
Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due
back on November 18, 2003. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
2) Adopt a Resolution of Intention to form the Oakland Wildfire Prevention
Assessment District, accepting and granting preliminary approval of the
engineer's report, directing filing of the engineer's report and proposed
assessment district boundary map, submitting the proposed assessment to the
district assessees for majority protest procedure, and scheduling a Public
Hearing for January 6, 2004, and
78189. pdf,
Attachments:
Item 11 10-14-03.pdf
Item 11.2SUP 10-14-03.pdf
Item 23 11-4-03.pdf,
Prelim Roll11-04-03.pdf
Resolution Number 78189 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
3) Adopt a Resolution authorizing the City Manager to execute the ballot for all
the City owned properties on which assessments are to be levied for the
Oakland Wildfire Assessment District to support the formation of the District
and approve the assessments and, if the district is formed, to take the
necessary actions to pay the amount of the assessments of the City owned
properties in an amount not to exceed a total of $1,489,774.00 over the ten
year assessment period
Attachments:
78190. pdf.
Item 23 11-4-03.pdt
Resolution Number 78190 C.M.S.
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
24
(Number not used)",25,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject:
City owned surplus properties
From:
Community and Economic Development Agency
Recommendation: Approve the Introduction (First Reading) of an Ordinance
25
authorizing the City Manager to enter into purchase and sales agreements for
the sale of eleven City owned surplus properties from the public auction
conducted on October 3, 2003 to the following high bidders: (1 APN 045-5304-
057-02, 056 for $140,000) Jeff Ku; (3-APN 044-4989-006 for $227,000)
Oakland Community Housing, Inc.; (4-APN 048-6854-002-06 and 5-APN 048-
6854-003-02 for $100,000,7-APN 048-6818-001-01 for $135,000) Hirst Shafer
Construction and Development, Inc.; (6-APN 048-6869-007 for $240,000)
Amelia Lim; (8-APN 048D-7302-059 for $81,000) Henry Hernandez; (9-APN
048D-7303-067 for $50,000 and 10-APN 048D-7303-068 for $50,000) Wayne
Huey; and (11-APN 048H-7606-051-04 for $455,000) Traci Ann McKnight
Attachments:
25 11-4-03.pdt
Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember
Quan, to approve for Introduction as amended the Ordinance on Item 25 to exclude the
following surplus properties (1 APN 045-5304-057-02, 056 for $140,000) Jeff Ku; (9-
APN 048D-7303-067 for $50,000 and 10-APN 048D-7303-068 for $50,000) Wayne
Huey from entering into purchase and sales agreements, and hearing no objections, the
motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel,
Reid, Quan, Wan and President of the Council De La Fuente -8
A motion was made by Councilmember Wan, seconded by Councilmember Quan,
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 November 18, 2003. The motion carried by the following vote:
Councilmember Brunner
ORAICouncilmember Abstained:
Councilmember Chang
ORAICouncilmember Nos:
ORAICouncilmember Ayes:
Councilmember Wan, Vice Mayor Nadel, Councilmember Quan,
6
President of the Council De La Fuente, Councilmember Brooks and
Councilmember Reid
25.1
Subject:
City owned surplus properties Impartial Financial Analysis
From:
Office of the City Auditor
Attachments:
25.1 11-4-03.pdf
A motion was made by Councilmember Wan, seconded by Councilmember Quan,
that this matter be *Received and Filed. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject: Low Law Enforcement Policy towards Medical Cannabis
26
From:
Office of the City Manger
Recommendation: A Continued discussion to Approve Recommendations
regarding conditions to fall under the City's Low Law Enforcement Policy
towards Medical Cannabis and to select one medical cannabis provider
association to administer the City's Medical Cannabis Distribution Program
Attachments:
26 11-4-03.pdf,
Item 6 10-28-03.pdf
*Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Subject:
Construction of Bulbouts Ray's Electric
27
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing award of a contract to Ray's
Electric for the construction of bulbouts on Grand Avenue (Project Number G
170430) in the amount of three hundred thirty-five thousand nine hundred thirty
dollars ($335,930) (PURSUANT TO SECTION 902-E OF THE CITY
CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)",26,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"27 supp 11-4-03 pdf,
Attachments:
78191 pdf,
Item 5 10-28-03 supp.pdf,
Item 5 10-28-03.pd
Resolution Number 78191 C.M.S.
Contract Number 03-1640
A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Lease Agreement for 530 Lake Park Avenue
From:
Community and Economic and Development Agency
28
Recommendation: Adopt a Resolution authorizing the City Manager to enter
into a two-year lease with Peter and Helen Shiu for real property located at 530
Lake Park Avenue, for use as a community meeting facility and community
police station, for two years in the amount of $25,200 (Year 1), and $27,600 (
Year 2), and tenant improvements (not to exceed $2,000), plus telephone, and
utility costs
28 supp 11-4-03.p pdf,
Attachments:
78192.pdf,
Item 5 10-28-03.pdf,
Item 8 10-14-03.pd
Resolution Number 78192 C.M.S.
Contract Number 03-1643
A motion was made by Councilmember Wan, seconded by Vice Mayor Nadel, that
this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORAICouncilmember Nos:
1 -
ORAICouncilmember Ayes:
Councilmember Wan, Vice Mayor Nadel, Councilmember Quan,
7
President of the Council De La Fuente, Councilmember Brooks,
Councilmember Reid and Councilmember Chang
Enactment No: 78192
Subject:
Oakland Fund for Children and Youth
From:
29
Department of Human Services
Recommendation: Adopt a Resolution authorizing the City Manager to
negotiate and execute a contract between the City of Oakland and Community
Crime Prevention Associates in an amount not to exceed $260,000 to evaluate
the Oakland Fund for Children and Youth for the period of October 1, 2003
through September 30, 2004 with two one-year options to renew
Attachments:
29 supp 11-4-03.pdf,
78193. pdf,
Item 3 10-28-03.pdf
Resolution Number 78193 C.M.S.
Contract Number 13-1642
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
Councilmember Brunner
ORA)Councilmember Nos:
ORA)Councilmember Ayes:
Councilmember Wan, Vice Mayor Nadel, Councilmember Quan,
7-
President of the Council De La Fuente, Councilmember Brooks,
Councilmember Reid and Councilmember Chang",27,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Subject:
Oakland Fund for Children and Youth Request for Proposals
30
From:
Department of Human Services
Recommendation: Approve Recommendation for the Oakland Fund for
Children and Youth Fiscal Year 2004-2005 Request for Proposals and Fiscal
Year 2004-2005 After School Initiative Request for Qualifications
Attachments:
30 supp 11-4-03.pd
Item 4 10-28-03.pd
A motion was made by Councilmember Quan, seconded by Councilmember Wan,
that this matter be Approved. The motion carried by the following vote:
Councilmember Brooks
ORAICouncilmember Abstained:
Councilmember Brunner
ORAICouncilmember Nos:
ORAICouncilmember Ayes:
Councilmember Wan, Vice Mayor Nadel, Councilmember Quan,
6-
President of the Council De La Fuente, Councilmember Reid and
Councilmember Chang
Subject:
Massage Service Activities
31
From:
Councilmember Jane Brunner
Recommendation: Adopt an urgency measure adopting an Interim Ordinance
pursuant to Government Code Section 65858 imposing a moratorium on
massage service activities
Attachments:
12551 pdf,
Item 3 10-28-03.pdf,
S-31.pdf
Ordinance Number 12551 C.M.S.
The following individual spoke and did not indicate a position on this item:
Sanjiv Handa
A motion was made by Councilmember Quan, seconded by Councilmember
Brunner, that this matter be Approved for Final Passage. The motion carried by
the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
(PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858,
INTRODUCTION AND ADOPTION OF THIS ORDINANCE REQUIRES A VOTE OF 4/5
OF THE MEMBERS (7 AFFIRMATIVE VOTES). THIS ORDINANCE IS INTRODUCED
AND ADOPTED AT THE SAME MEETING AND IT IS IN EFFECT IMMEDIATELY FOR
A 45 DAY PERIOD UPON ADOPTION.)
NOTICE OF ADDITIONAL URGENCY AGENDA ITEM S-32 FOR THE CONCURRENT
MEETING OF THE OAKLAND REDEVELOPMENT AGENCY/CITY COUNCIL NOVEMBER 4,
2003
Subject: Southern California Fire Victims
32
From:
Councilmember Quan
Recommendation: Adopt a Resolution commemorating a Day of Remembrance
for Southern California Fire Victims
Attachments:
78194.pdf",28,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-04,"Resolution Number 78194 C.M.S.
Prior to discussing this item, the Council made an urgency finding pursuant to the
Sunshine Ordinance and Brown Act.
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Reid, to approve an urgency finding pursuant to Section 2.20.070 E(2) regarding this
matter (A) that the action is purely commendatory in nature (B) that the need for such
action came to the attention of the body after the posting of the 10-day agenda.
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Reid, to adopt the urgency resolution, and hearing no objections, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Quan, Reid, Wan, and
President of the Council De La Fuente -8
A motion was made by Councilmember Quan, seconded by Councilmember Reid,
that this matter be Adopted. The motion carried by the following vote:
ORA)Councilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
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 12:18 a.m. in the memory of Frank Cheney, Bernadette Brittin,
Eugene Jones, Ken Jones, Steven Rucker.
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. 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
Phone:
(510) 238-7370
Fax:
(510) 238-6699
Recorded Agenda (510) 238-2386
Telecommunications Display Device: (510) 839-6451",29,OaklandCityCouncil/2003-11-04.pdf
OaklandCityCouncil,2003-11-18,"Office of the City Clerk
City of Oakland
Oakland City Hall
1 Frank H. Ogawa Plaza
Online Meeting Minutes - Final
Oakland, California
94612
Ceda Floyd, City Clerk
Concurrent Meeting of the Oakland
Redevelopment Agency/City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
6:00 PM
Oakland City Hall, 3rd Floor
Tuesday, November 18, 2003
A meeting of the Joint Oakland Redevelopment Agency and City Council was held on
the above date. Opening with the Pledge of Allegiance, the meeting was convened at 6:
12 p.m..
1
Pledge of Allegiance
Roll Call/ORA & Council
2
COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,
Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,
and President Ignacio De La Fuente, Dist. 5
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
ORA)Councilmember Present:
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
3
Open Forum / Citizens Comments
(Time Available: 15 minutes)
The following individuals spoke on this item:
- Deloris Allen
- Frank Brodsky
Orna Sasson
-
Sanjiv Handa
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.
Items 10.5 CC and 10.6 CC were rescheduled as Non-Consent items to the December
2, 2003 City Council agenda.
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a ""non-
consent"" item. (Motion Maker must have voted on ""prevailing side"")
There was no action necessary on this item.
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee but
not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as
a ""non-consent"" item.
There was no action necessary on this item.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment
Agency/City Council held on November 4, 2003
A motion was made by Vice Mayor Nadel, seconded by Councilmember Reid, to *
Approve the Minutes. The motion carried by the following vote:",1,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
8. Presentation of Ceremonial Matters
Subject:
National Diabetes Awareness Month
8.1
From:
Councilmember Brunner
Recommendation: Adopt a Resolution declaring November, 2003 ""National
Diabetes Awareness Month"" in the City of Oakland
Attachments:
0293.pdf,
78194 CMS.pdf,
Item 8.1 11-18-03.pd
Resolution Number 78194 C.M.S
The following individual spoke in favor of this item:
Roman Stearns
A motion was made by Councilmember Brunner, seconded by Councilmember
Reid, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Jamie R. Smith
8.2
From:
Office of the City Attorney
Recommendation: Adopt a Resolution recognizing the achievements of
Executive Assistant to City Attorney Jamie R. Smith and her dedicated service
to the City of Oakland
Attachments:
0259.pdf,
78195 CMS.pdf
Item 8.211-18-03.pd
Resolution Number 78195 C.M.S.
A motion was made by Councilmember Brooks, seconded by Councilmember
Quan, that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8-
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
9. Council Acknowledgements / Announcements
Agency/Councilmember Brooks took a point of personal privilege and requested special
recognition to the Girls, Inc. Research Project 2003.
Agency/Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of Lee Andrew Jones.
10. CONSENT CALENDAR (CC) ITEMS:
The following Consent Calendar items are considered to be routine and will be
acted upon by one motion of the City Council, unless a member of the public or
a Councilmember requests the opportunity to speak on an item noticed.
Subject: Declaration of a Local Emergency due to AIDS epidemic
10.1
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City
Council's Declaration of a Local Emergency due to the existence of a critical
public health crisis with regard to the AIDS epidemic
Attachments:
10.1CC 11-18-03.pdf
78196 CMS.pdf
Resolution Number 78196 C.M.S.
This Matter was Adopted on the Consent Agenda.",2,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"Subject:
Medical Cannabis health emergency
10.2
From:
Office of the City Attorney
Recommendation: Adopt a Resolution renewing the City Council's Declaration
of a local public health emergency with respect to safe, affordable access to
Medical Cannabis in the City of Oakland
Attachments:
10.2CC 11-18-03.pdf
78197 CMS.pdf
Resolution Number 78197 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject:
Leon McDaniels Settlement Agreement
10.3
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Leon McDaniels V. City of
Oakland, et al., United States District Court Case No. C01-2615 MEJ, our File
No. 21135, in the amount of $14,000.00 as a result of excess force
Attachments:
10.3CC 11-18-03.pdf,
78198 CMS.pdf
Resolution Number 78198 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Eula McClure- Settlement Agreement
From:
Office of the City Attorney
10.4
Recommendation: Adopt a Resolution authorizing and directing the City
Attorney to compromise and settle the case of Eula McClure v. City of Oakland,
Alameda County Superior Court No. 2001-012670, our File No. 20722, a
personal injury case in the amount of $45,000.00; McClure's vehicle was rear-
ended by a patrol car while traveling on Interstate 580 East(Oakland Police
Department)
Attachments:
10.4CC 11-18-03.pdf,
78199 CMS.pdf
Resolution Number 78199 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Jean Rubsamen Housing, Residential Rent and Relocation Board
10.5CC
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Jean Rubsamen as a
member of the Housing, Residential Rent and Relocation Board
Attachments:
78219 CMS.pdf,
Item 15.pdf 12-2-03
This item was withdrawn and rescheduled to the December 2, 2003 City Council agenda
as a Non-Consent item.
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Enactment No: 78219
Subject: Hillery Bolt Trippe Housing, Residential Rent and Relocation Board
10.6CC
From:
Office of the Mayor
Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe as a
member of the Housing, Residential Rent and Relocation Board
Attachments:
78220 CMS.pdf,
Item 16 12-2-03
This item was withdrawn and rescheduled to the December 2, 2003 City Council agenda
as a Non-Consent item.
Withdrawn and Rescheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Enactment No: 78220
Subject: Jamal Pinkney Children's Fund Planning and Oversight Committee
10.7
From:
Councilmember Brooks
Recommendation: Adopt a Resolution reappointing Jamal Pinkney as a
member of the Children's Fund Planning and Oversight Committee
Attachments:
10.7CC 11-18-03.pdf
78200 CMS.pdf
Resolution Number 78200 C.M.S.
This Matter was Adopted on the Consent Agenda.",3,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"Subject: 2004 Oakland Municipal Nominating Election
10.8
From:
Office of the City Clerk
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance establishing the date of the City of Oakland Municipal Nominating
Election as Tuesday, March 2, 2004 to conform with the Statewide Primary
Election
Attachments:
10.8CC 11-18-03. pdf.
12560 CMS.pdf
Ordinance Number 12560 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Subject: Business Tax Board Of Review
10.9
From:
Office of the City Attorney
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
amending Chapter 5.04 of the Oakland Municipal Code to remove the City
Attorney as a member of the Business Tax Board of Review and provide that
the City Manager shall select an employee of the City to serve as a member of
the Business Tax Board Of Review
Attachments:
10.9CC 11-18-03.pdf
12552 CMS.pdf
Ordinance Number 12552 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Subject: Gross Rental Receipts
10.10
From:
Finance and Management Agency
Recommendation: Approve the Final Passage (Second Reading) an Ordinance
rescinding Section 5.04.450 of the Oakland Municipal Code to allow taxpayers
to report gross rental receipts separately for the purpose of paying the annual
business tax
Attachments:
10.10CC 11-18-03.pdf,
12553 CMS.pdf
Ordinance Number 12553 C.M.S
This Matter was Approved for Final Passage on the Consent Agenda.
Subject: Sale of Real Property 1072 55th Street
10.11
From:
Community and Economic Development Agency
Recommendation: Approve Final Passage (Second Reading) of an Ordinance
authorizing the sale of the property at 1072 55th Street to the Redevelopment
Agency for $415,000.00
Attachments:
10.11CC 11-18-03.pdf,
12554 CMS.pd
Ordinance Number 12554 C.M.S
This Matter was Approved for Final Passage on the Consent Agenda.
Subject: West Oakland Redevelopment Plan
10.12
From: Community and Economic Development Agency
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance approving and adopting the Redevelopment Plan for the West
Oakland Redevelopment Project
Attachments:
12559 CMS.pdf
-26 11-18-03.pdf
Item 10.12CC has been renoticed as Item S-26 on the non-consent portion of this
agenda, please refer to that item for Council action.
Subject: Secondary Units Planning Code Amendment
10.13
From:
Community and Economic Development Agency
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance amending the Oakland Planning Code to modify the minimum street
pavement width requirements provided by Ordinance 12501 C.M.S. related to
standards for Secondary Units
Attachments:
0.13CC 11-18-03.pdf
12555 CMS.pdf
Ordinance Number 12555 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.",4,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"Subject:
Creation of Special Assessment Districts
10.14
From:
Oakland Fire Department
Recommendation: Approve the Final Passage (Second Reading) of an
Ordinance establishing procedures for the creation of special assessment
districts to fund services and programs for fire suppression, prevention and
preparedness within designated areas of the City Of Oakland
Attachments:
10.14CC 11-18-03.pdf,
12556 CMS.pdf
Ordinance Number 12556 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Subject:
City owned surplus properties
From:
Community and Economic Development Agency
Recommendation: Approve the Final Passage (Second Reading) of an
10.15
Ordinance authorizing the City Manager to enter into purchase and sales
agreements for the sale of City owned surplus properties from the public
auction conducted on October 3, 2003 to the following high bidders: (3-APN
044-4989-006 for $227,000) Oakland Community Housing, Inc.; (4-APN 048-
6854-002-06 and 5-APN 048-6854-003-02 for $100,000,7-APN 048-6818-001-
01 for $135,000) Hirst Shafer Construction and Development, Inc.; (6-APN 048-
6869-007 for $240,000) Amelia Lim; (8-APN 048D-7302-059 for $81,000)
Henry Hernandez; and (11-APN 048H-7606-051-04 for $455,000) Traci Ann
McKnight and rejecting the following (1 APN 045-5304-057-02, 056 for $140,
000) Jeff Ku; (9-APN 048D-7303-067 for $50,000 and 10-APN 048D-7303-068
for $50,000) Wayne Huey (TITLE CHANGE)
Attachments:
0.15CC 11-18-03.pdf,
12557 CMS.pdf
Ordinance Number 12557 C.M.S.
This Matter was Approved for Final Passage on the Consent Agenda.
Subject: Shop Oakland Parking Program
10.16
From:
Community and Economic Development Agency
Recommendation: Approve Recommendation requesting authorization of free
three-hour parking at designated meters and free parking at City parking
garages during the 2003 holiday season
Attachments:
10.16CC 11-18-03.pdf
10.35CC supp 11-4-03.pdf,
Item 7 10-28-03.pdf
This Matter was Approved on the Consent Agenda.
Subject: Shop Oakland Parking Program
10.17
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution authorizing free three-hour parking at
designated meters and free parking at City parking garages during the 2003
Shop Oakland Holiday Season
Attachments:
0276.pdf,
0.17CC 11-18-03.pdf,
78201 CMS.pdf
Resolution Number 78201 C.M.S.
This Matter was Adopted on the Consent Agenda.
Subject: Spanish Speaking Unity Council Union Point Park
From:
Public Works Agency
10.18
Recommendation: Adopt a Resolution authorizing the City Manager to accept
and appropriate a contribution of two million seven hundred seventy-five
thousand ($2,775,000) from the Spanish Speaking Unity Council (Unity Council
) towards the design and development of the Union Point Park project, and to
negotiate and execute a contract with Unity Council in an amount not-to-exceed
two million one hundred thousand dollars ($2,100,000) for project management
and design services to implement the design and oversee the development of
said Park project with a total project budget of eight million six hundred eighty-
four thousand dollars ($8,684,000)
0.18CC 11-18-03.pdf,
Attachments:
78202 CMS.pdf,
Item 5 10-28-03 supp.pdf,
Item pdf
Resolution Number 78202 C.M.S.
Contract Number 03-1643
This Matter was Adopted on the Consent Agenda.",5,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"Subject: City and County of San Francisco v. COBRA Solutions, Inc.
10.19
From:
Office of the City Attorney
Recommendation: Adopt a Resolution authorizing the City Of Oakland to file
amicus briefs in the appellate proceedings involving City and County of San
Francisco v. COBRA Solutions, Inc.
Attachments:
0271.pdf,
0.19CC 11-18-03.pdf,
78203 CMS.pdf
Resolution Number 78203 C.M.S.
This Matter was Adopted on the Consent Agenda.
Agency/Councilmember Brunner made a motion seconded by Agency/Councilmember
Quan to approve an urgency finding pursuant to Section 2.20.070 E(2) regarding Item
10.20CC that there is a need to take immediate action to prevent serious injury to the
public interest, and that the need for such action came to the attention of the body after
the posting of the 10-day agenda.
Subject:
Creation of Special Assessment Districts
1020
From:
Oakland Fire Department
Recommendation: Adopt a Resolution supplementing the Resolution of
Intention to form the Oakland Wildfire Prevention Assessment District passed
on November 4, 2003, to provide for the clarification of the responsibilities of
the Advisory Committee
Attachments:
78204 CMS.pdf,
S-10.20CC 11-18-03.pdf
Resolution Number 78204 C.M.S.
This Matter was Adopted on the Consent Agenda.
Passed The Consent Agenda
A motion was made by Councilmember Reid, seconded by Councilmember Quan,
including all the preceding items marked as having been adopted on the Consent
Agenda. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
President De La Fuente recessed the meeting at 6:34 p.m. and reconvened the meeting
at 7:10 p.m., with a quorum of the Council being noted.
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
11
An oral report from the Agency Counsel / City Attorney of final decisions made during Closed
Session
There were no final decisions made during Closed Session.
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the
Sunshine Ordinance
Agency/Councilmember Reid made a motion seconded by Agency/Councilmember
Nadel 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
13
Reconsideration of Ordinances pursuant to Charter Section 216
No Action was necessary on this item.
14. Consideration of items with statutory Public Hearing Requirements:
Subject:
Oakland Zoning Code Amendment Public Hearing
From:
Community and Economic Development Agency
14.1
Recommendation: Conduct a Public Hearing and upon conclusion Adopt the
following legislation regarding an amendment to the Transit Oriented Zone:
1) Approve the Introduction (First Reading) of an Ordinance amending
Chapter 17.100 (S-15, Transit Oriented Zone) of the Oakland Zoning Code to
conditionally permit auto fee parking, and",6,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"Attachments:
Item 14.1 11-18-03.pdt
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:15
p.m.
The following individual spoke against this item:
- Hugh Bassette
The following individual spoke on this item and did not indicate a position:
- Sanjiv Handa
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Reid, to close the Public Hearing, and hearing no objections, the motion passed by Ayes
: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
A motion was made by Vice Mayor Nadel, seconded by Councilmember Reid, that
this matter be Approved on Introduction for Final Passage to the Concurrent
Meeting of the Oakland Redevelopment Agency / City Council, due back on
December 2, 2003. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
2) Adopt a Resolution changing the General Plan designation of 1357 5th
Street (land bounded by 5th Street, I-880, and Mandela Parkway) from
Business Mix to Community Commercial
Attachments:
78205 CMS.pdf,
Item 14.1 11-18-03.pdf,
Item 7 10-28-03.pdf
Resolution Number 78205 C.M.S.
A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan,
that this matter be Adopted. The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Planning Commission Appeal 4690 Tompkins Public Hearing
14.2
From:
Community and Economic Development Agency
Recommendation: Conduct a Continued Public Hearing and upon conclusion
adopt a Resolution denying the appeal and sustaining the decision of the City
Planning Commission in approving the application for a major Conditional Use
Permit to convert an existing rest home facility into a twenty-seven unit
residential project located at 4690 Tompkins Avenue, Oakland
Attachments:
13.1 9-30-03.pdf,
Item 14.2 11-18-03.pdf
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:20p
.m.
The following individuals spoke in favor of this item:
- Jeff John Doney
- Wilson Ng
Walter W. Loo
Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember
Brooks, to close the Public Hearing, and hearing no objections, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8",7,OaklandCityCouncil/2003-11-18.pdf
OaklandCityCouncil,2003-11-18,"A motion was made by Councilmember Quan, seconded by Councilmember
Brooks, that this matter be Not Adopted. Councilmember Quan made a motion,
seconded by Councilmember Brooks to refer the plan for 4690 Tompkins Avenue
back to the Planning Commission for further consideration and advice, at their
next practical meeting. The Planning Commission should address concerns
about the size and configuration of the large four bedrooms apartment units and
parking adquacy. The Planning Commission should specifically clarify and
advise as to why the four bedroom units could not be broken down into smaller 2
bedroom units, and why additional parking should not be required.
The motion carried by the following vote:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
8
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks, Councilmember Reid and Councilmember
Chang
Subject:
Planning Commission Appeal 1144 12th Street Public Hearing
14.3
From:
Community and Economic Development Agency
Recommendation: Conduct a Public Hearing and upon conclusion Adopt a
Resolution denying the appeal and affirming the Planning Commission approval
of a Major Conditional Use Permit (CMV03-207) for a clean and sober facility
located at 1144 12th Street, Oakland
Attachments:
0267 pdf,
Item 10.11 CC.pdf,
Item 14.3 11-18-03.pdf
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 7:37
p.m.
The following individual spoke in favor of this item:
-Aleta Cannon
-Gwendolyn Sheppard
-Veda Rae Davis
-Jacqueline Wooley
-Pam Butler Harris
-Marlon Butler
The following individuals spoke against this item:
-Yvonne Smith
-Ellen Wyrick Parkinson
The following individuals spoke on this item and indicated a neutral position:
-Johnnie Lewis
The following individual spoke and did not indicate a position:
-Debra Brown
Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember
Brooks, to close the Public Hearing, and hearing no objections, the motion passed by
Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and
President of the Council De La Fuente -8
A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks,
that this matter be Continued to the Concurrent Meeting of the Oakland
Redevelopment Agency / City Council. The motion carried by the following vote:
Councilmember Reid
ORAICouncilmember Abstained:
ORAICouncilmember Ayes:
Councilmember Brunner, Councilmember Wan, Vice Mayor Nadel,
7 -
Councilmember Quan, President of the Council De La Fuente,
Councilmember Brooks and Councilmember Chang",8,OaklandCityCouncil/2003-11-18.pdf