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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