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OaklandCityCouncil/2003-10-21.pdf,1 | 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 Approv… | 1 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,2 | 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 Declaratio… | 2 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,3 | 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… | 3 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,4 | 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 125… | 4 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,5 | 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 Recommendatio… | 5 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,6 | 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: … | 6 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,7 | 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 Recomme… | 7 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,8 | 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… | 8 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,9 | 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 Safet… | 9 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,10 | 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 A… | 10 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,11 | 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 p… | 11 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,12 | 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… | 12 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,13 | 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… | 13 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,14 | 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 Approv… | 14 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,15 | 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 Counc… | 15 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,16 | 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,… | 16 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,17 | 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… | 17 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,18 | 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 781… | 18 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,19 | 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… | 19 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,20 | 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, Councilme… | 20 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,21 | 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 Br… | 21 | OaklandCityCouncil/2003-10-21.pdf |
OaklandCityCouncil/2003-10-21.pdf,22 | 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 … | 22 | OaklandCityCouncil/2003-10-21.pdf |
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