Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council |
Hearing Room 1, City Hall, 1 Frank H. Ogawa Plaza |
City of Oakland Website: http://www.oaklandnet.com |
Tuesday, April 05, 2005
6:00 PM
Oakland City Hall, 3rd Floor
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 6:04 p.m. |
1
Pledge of Allegiance
2
Roll Call / ORA & Council |
COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, Dist. 3 |
; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large, |
and President Ignacio De La Fuente, Dist. 5 |
ORA\Councilmember Present: 7 - Councilmember Nadel, Councilmember |
Brunner, 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 individual(s) spoke under Open Forum: |
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 was no action necessary for this 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) |
There was no action necessary for 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 for this item.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on March 15, 2005. |
A motion was made by Councilmember Chang, seconded by |
Councilmember Nadel, to *Approve as Submitted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Steven M. Schwartzberg - Service Recognition |
From: Councilmember Chang |
Recommendation: Adopt A Resolution Commending Steven M. Schwartzberg For 32 Years Of |
Dedicated Service To The Residents Of Oakland And Alameda County Community (05-0202) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79116 C.M.S.
8.2
Subject: Oakland Technical High Schools Women's Basketball Team |
Recommendation: Adopt a Resolution Congratulating the Oakland Technical High School's |
Women's Basketball Team on the occasion of their second straight State Championship (05-0212 |
) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council on 4/19/2005 |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Quan took a point of personal privilege and requested |
that the meeting be adjourned in memory of Frank Katsumura |
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC-CC
Subject: Declaration of a Local Emergency due to AIDS epidemic |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution renewing and continuing the City Council's Declaration of |
a Local Emergency due to the existence of a critical public health crisis with regard to the AIDS |
epidemic (05-0199) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79117 C.M.S. |
The following individual(s) spoke against this item: |
10.2CC-CC
Subject: Medical Cannabis Health Emergency |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution renewing the City Council's Declaration of a local public |
health emergency with respect to safe, affordable access to Medical Cannabis in the City of |
Oakland (05-0200) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79118 C.M.S.
10.3CC-CC
Subject: Maria Leon - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Maria Leon V. City Of Oakland, Et Al., Alameda County |
Superior Court Case No. Rg 03132261, Our File No. 23532, In The Amount Of $17,000.00. |
This Case Involves Claims Of Employment Discrimination And Retaliation Against A Supervisor |
At The Museum. (Life Enrichment Agency- Employment) (05-0198) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79119 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
10.4CC-CC
Subject: Yolanda McGill - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Yolanda McGill, Et Al. V. City Of Oakland, Et Al., United |
States District Court, Case No. C 03-04602, In The Amount Of $50,000.00 As A Result Of A |
Police Conduct Case Involving A Fatal Shooting, On October 5, 2003 (Oakland Police |
Department) (05-0197) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79120 C.M.S.
10.5CC-CC
Subject: Darryl Williams - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Darryl Williams, Tristan Williams V. City Of Oakland, Et |
Al., United States District Court Case No. C 04-1703 Teh, Our File No. 23749, In The Amount |
Of $10,000.00. This Case Involves Claims Of Excess Force Against Members Of The Oakland |
Police Department On April 30, 2003. (Oakland Police Department) (05-0196) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79121 C.M.S.
10.6CC-CC
Subject: SBC - Settlement Agreement |
From: Office of City Attorney |
Recommendation: Adopt a Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of SBC, In The Amount Of $14,792.85, As A Result Of |
Property Damage Sustained To Cable Lines On April 20, 2004 (Public Works Agency) (05-0195 |
) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79122 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
10.7CC-CC
Subject: Donald E. Washington - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Donald E. Washington, In The Amount Of $12,500, As A |
Result Of Bodily Injury Sustained In A Bicycle Accident On August 05, 2004 (Public Works |
Agency) (05-0194) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79123 C.M.S.
10.8CC-CC
Subject: Isdrailovici - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Isdrailovici V. City Of Oakland, Alameda County Superior |
Court, Case No. Wg04153843, In The Amount Of $15,000.00 As A Result Of A Trip And Fall |
Case, On September 12, 2003. (Public Works Agency) (05-0201) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79124 C.M.S.
10.9CC-CC
Subject: Salary Ordinance - Municipal Code Amendment |
From: Finance and Management Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the |
Salary Schedule of Ordinance No. 12187 C.M.S. (the Salary Ordinance) to add the classifications |
of Community Housing Services Manager, Development/Redevelopment Program Manager, Fire |
Marshal, Assistant - Non Sworn, Policy Analyst, and Fire Suppression District Inspector, P.T. ( |
05-0122) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Ordinance Number 12654 C.M.S.
Subject: Purchase of a Vacant Land Parcel |
Recommendation: Approve the Introduction (First Reading) of an Ordinance authorizing the City |
of Oakland to purchase a vacant land parcel, Assessor Parcel Number 014-1272-033, from the |
Alameda County Tax Assessor Office for the continued use as a neighbor pocket park for the cost |
of delinquent property taxes and closing costs estimated at $7,500 (05-0158) |
This Matter was Approve as Amended on Introduction for Final Passage to |
the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on April 19, 2005 on the Consent Agenda. |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Agency/Councilmember Brunner made a motion, seconded by Agency/ |
Councilmember Nadel, to adopt the resolution on Item 10.10CC as amended to |
include the language "or the owner of the property" after "...Alameda County |
Tax Assessor's Office...", 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 |
Subject: First Responder Advanced Life Support (FRALS) Services Agreement |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a First |
Responder Advanced Life Support (FRALS) Services Agreement with Alameda County |
Emergency Medical Services District for the term July 2004 to June 30, 2009 and to appropriate |
payments anticipated to be $962,000 for the first year (Based on $37,000 per each of 26 First |
Responder Paramedic Units), with a 3% increase per year through the life of the agreement (05- |
0114) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79125 C.M.S.
Subject: Gender Based Discrimination |
From: Vice Mayor Brunner and Councilmembers Nadel and Quan |
Recommendation: Adopt a Resolution (1) declaring the City of Oakland's support for local |
implementation of the United Nations Convention on the elimination of all forms of discrimination |
against women (an international human rights treaty), with particular emphasis on: equity and city |
employment; ensuring safe access to reproductive services; and domestic violence and (2) |
requiring that the city take certain actions regarding these issues, including but not limited to, (i) |
annually reviewing city employment and City Boards and Commissions' makeup with respect to |
gender, (ii) continuing women building health program, (iii) annually reviewing safety plans for |
clinics that offer reproductive services, (iv) making closing service gaps in domestic violence |
prevention, response and victim treatment a top priority for the city, and (v) standardizing |
protocols and procedures to address domestic violence (TITLE CHANGE) (05-0167) |
This Matter was Adopted as Amended on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79126 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
The following individual(s) spoke in favor of this item: |
Agency/Councilmember Brunner made a motion, seconded by Agency/ |
Councilmember Quan, to adopt the Resolution as amended on Item 10.12CC to |
include 1) replace the following language "...take certain actions..." with ".. |
discuss certain actions..", and 2) replace the following language "...continuing |
Women building health..." with "Continuing Women building wealth..." 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 -7 |
10.13CC
Subject: Assembly Bill 655 - Admissions Surcharge |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution declaring the City of Oakland's support for Assembly Bill |
655- Admission Surcharge: California Arts Council, which would impose a one percent (1%) |
surcharge on the price of admission for each patron of an entertainment venue to provide financial |
support for the California Arts Council, a council established by the state in 1976 to encourage |
artistic awareness, participation and expression, help independent local groups develop their own |
arts program, promote employment of artists, provide for the exhibition of arts works throughout |
California and enlist all state agencies in ensuring fullest expression of artistic potential (TITLE |
CHANGE) (05-0171) |
This Matter was Not Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
Agency/Councilmember Nadel made a motion, seconded by Agency/ |
Councilmember Brunner, to not adopt the Resolution and to have the City |
Administrator to prepare a letter indicating the City of Oakland's support of the |
Arts Council but not in support of the proposed funding mechanism for |
Assembly Bill 655, but the City of Oakland will be watchful of the changes |
made with the respect to the funding recommendations, 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 |
Passed The Consent Agenda
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, including all the preceding items marked as having |
been adopted on the Consent Agenda. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
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 |
A motion was made to *Approve as Submitted. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
Please refer to Closed Session Report-out Form marked as "Attachment A". |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
Sunshine Ordinance |
A motion was made to *Approve as Submitted. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Agency/Councilmember -- made a motion seconded by Agency/Councilmember |
-- 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, and |
President of the Council De La Fuente -7 |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Delinquent Business Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding the assessment of liens for delinquent |
business taxes and upon conclusion adopt one of the following pieces of legislation: |
1) Adopt a Resolution accepting and confirming reports of the City Administrator 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 (05-0187) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79128 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
2) Adopt a Resolution overruling protests and accepting and confirming reports of the City |
Administrator 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 (05-0187a) |
Not Adopted
3) Adopt a Resolution continuing hearing on reports of the City Administrator 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 (05-0187 |
b) |
Not Adopted
14.2
Subject: Delinquent Transient Occupancy Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding the assessment of liens for Delinquent |
Transient Occupancy Taxes and upon conclusion adopt one of the following Resolutions: |
1) A Resolution accepting and confirming reports of the City Administrator 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 (05-0188) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79129 C.M.S.
2) A Resolution overruling protests and accepting and confirming reports of the City |
Administrator 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 (05-0188a) |
Not Adopted
3) A Resolution continuing hearing on reports of the City Administrator 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 (05-0188b) |
Not Adopted
14.3
Subject: Delinquent Real Property Transfer Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding the assessment of liens 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 City Administrator 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 (05-0189) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79130 C.M.S.
2) Adopt a Resolution overruling protests and objections, and accepting and confirming reports |
of the City Administrator 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 (05-0189a) |
Not Adopted
3) Adopt a Resolution continuing hearing on reports of the City Administrator on the 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 Alameda County Tax |
Collector for collection (05-0189b) |
Not Adopted
14.4
Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding Delinquent Mandatory Garbage Fees for |
July/August/September 2004, monthly accounts and October/November/December 2004, |
Quarterly accounts and upon conclusion adopt one of the following Resolutions: |
1) Adopt a Resolution accepting and confirming reports of the City Administrator 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; (05-0190) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79131 C.M.S.
2) Adopt a Resolution overruling protests and objections, and accepting and confirming reports |
of the City Administrator 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 (05-0190a) |
Not Adopted
3) Adopt a Resolution continuing hearing on reports of the City Administrator 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 (05-0190b) |
Not Adopted
ACTION ON NON-CONSENT ITEMS:
15
Subject: First-time Homebuyers Mortgage Assistance Program |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution modifying the program guidelines for the Mortgage |
Assistance Program for First-time Homebuyers to increase the maximum allowable purchase |
price limit from the current $320,000 to 95% of the median sales price of Single Family Homes |
in Oakland (TITLE CHANGE) (05-0037) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, that this matter be Adopted Council directed staff to |
return with a comprehensive report that addresses the 3 percent simple |
interest plus principle and the issue of equity sharing. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79132 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
The Oakland City Council directed staff to return in the future with a |
comprehensive report that looks at the issues with the loan policies that prohibit |
the sole gains of private equity secured during homeownership; 7 Ayes |
16
Subject: Integrated Pest Management Policy |
Recommendation: Adopt a Resolution directing the preparation of the appropriate environmental |
review documents in accordance with the California Environmental Quality Act (CEQA) |
evaluating a limited exemption to the Integrated Pest Management Policy to use herbicides on |
City owned land in the Wildfire Prevention District and other City properties identified by the Fire |
Marshal as areas of high fire hazard (05-0062) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Nadel, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79133 C.M.S. |
Agency/Councilmember Quan made a motion, seconded by Agency/ |
Councilmember Nadel, to adopt the Resolution as amended on Item 16 to |
include the following revisions: |
1) Under the 8th Whereas, deletion of the following language: "...than does the |
use of selected herbicides as a component of a strategic vegetation |
management plan..."; |
2) Under the 9th Whereas, insertion of the following language: "...When hand |
applied directly to tree and plant stups..."; |
3) Under the first Further Resolved, revision of the language to read: "...That |
the environmental review will analyze the use of herbicides painted or applied |
..."; |
4) Insertion of an additional Further Resolved that reads as follows: |
Further Resolved: That the environmental review will look at the environment |
impact of the use of herbicides on each of the abovementioned plants to assess |
the relative impact on each species; and be it; |
5) Under the third Further Resolved, the addition of the word "proposed" |
before "BMPs"; |
5) Under the fifth Further Resolved, the addition of the word "proposed" in |
front of the word "limited"; |
6) Amendment to the second to last Further Resolved to read as follows: |
That the Fire Department shall annually prepare a report to the Wildfire |
Prevention Assessment District Advisory Board and the City Council on |
vegetation management efforts that includes a detailed account of any proposed |
amounts and types of herbicide to be used; and be it; and |
7) In the last Further Resolved the insertion of the following language at the |
end of the paragraph, "before implementing the vegetation management plan |
and plant list.". |
, 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 |
16.1
Subject: Integrated Pest Management Policy |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution directing the preparation of the appropriate environmental |
review documents evaluating a limited exemption to the Integrated Pest Management Policy to |
use herbicides on City owned land in the Wildfire Prevention District and other City properties |
identified by the Fire Marshal as areas of high fire hazard (05-0062-1) |
*Withdrawn with No New Date
17
Subject: West Oakland Bay Trail |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to increase the |
construction contract with Vanguard Construction for the West Oakland Bay Trail by seventy |
thousand one hundred seventy-one dollars ($70,171) to cover additional change order work, for a |
total contract amount not-to-exceed six hundred sixty-nine thousand and seventy-six dollars ($ |
669,076) (05-0085) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79134 C.M.S.
18
Subject: Amendment to the Master Fee Schedule |
From: Public Works Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Approve the Introduction (First Reading) of an Ordinance amending Ordinance Number |
12611 C.M.S. (Master Fee Schedule), as amended, increasing hourly, daily and monthly parking |
fees, and adding new promotional programs for parking facilities operated by the City of Oakland |
(05-0113) |
Continued to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 4/19/2005 |
The following individual(s) spoke against this item: |
The following individual(s) spoke and did not indicate a position on this item: |
2) Adopt a Resolution appropriating $412,706 to the Multi-purpose Reserve Fund (Fund 1750) |
for parking facilities operated by the City of Oakland (05-0113-1) |
Continued to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 4/19/2005 |
19
Subject: Chicago Climate Exchange |
Recommendation: Adopt a Resolution authorizing the Oakland City Administrator to establish |
membership in the Chicago Climate Exchange ( a market for reducing and trading Greenhouse |
Gas Emissions) for the City of Oakland, and to expend the funds necessary to initiate and |
maintain such membership and the cost of trading emissions, not to exceed $10,000 without |
returning to Council for approval (05-0087) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79135 C.M.S.
20
Subject: Knowland Park and Zoo - Agreement |
From: East Bay Zoological Society |
Recommendation: A Request from the East Bay Zoological Society to delay until July 1, 2005 the |
implementation of two provisions (living wage and one free day per month for Oakland Residents |
) of the new 15 - year management agreement for Knowland Park and Zoo (05-0124) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, that this matter be Approved. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
The following individual(s) spoke in favor of this item: |
The Oakland City Council directed staff to schedule through the Rules and |
Legislation Committee a discussion regarding Zoo operations and return to the |
April 19, 2005 City Council meeting with a Resolution that waives the living |
wage requirement.; 7 Ayes |
21
Subject: Gray and Reynolds Properties, Inc. Tax Sharing Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing an owner participation agreement |
with Gray and Reynolds Properties, Inc., and a limited rebate of future sales taxes from boat |
tenants to assist in the development financing of a mixed-use boat mall and office project at 1211 |
Embarcadero Drive, and authorizing annual agency tax rebate payments for the project (TITLE |
CHANGE) (04-0912) |
A motion was made by Councilmember Reid, seconded by President of the |
Council De La Fuente, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Reid and Councilmember Chang |
ORA Resolution Number 2005-0019 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
21.1
Subject: Gray and Reynolds Properties, Inc. Tax Sharing Agreement |
From: Office of the City Auditor |
Recommendation: Receive a Report from the City Auditor on a Resolution authorizing an owner |
participation agreement with Gray and Reynolds Properties, Inc., and a limited rebate of future |
sales taxes from boat tenants to assist in the development financing of a mixed-use boat mall and |
office project at 1211 Embarcadero Drive, and authorizing annual agency tax rebate payments for |
the project (TITLE CHANGE) (04-0912-1) |
A motion was made by Councilmember Reid, seconded by President of the |
Council De La Fuente, that this matter be *Received and Filed. The |
motion carried by the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Reid and Councilmember Chang |
22
Subject: Home Maintenance Improvement Program (HMIP) |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution (1) modifying the Home Maintenance and Improvement |
Program to increase the maximum loan amount from $40,000 to $75,000, and increase the |
interest rate from 0% to 3%, and (2) modifying the minor home repair program to increase the |
maximum grant from $1,500 to $2,499 (05-0084) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79136 C.M.S.
23
NUMBER NOT USED
24
Subject: Motorola, Inc. - Contract |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to amend, extend, and |
execute a contract with Motorola, Inc. for an amount not to exceed thirty-six thousand nine |
hundred thirty-three dollars and twelve cents ($36,933.12) to provide maintenance, repair, and |
technical support services for the Police Department's wireless network equipment, for the period |
of April 1, 2005 through March 31, 2006, for a total contract amount of seventy-two thousand |
seven hundred eighty-eight dollars and twelve cents ($72,788.12) (TITLE CHANGE) (05-0142) |
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: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79137 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
25
Subject: Race and Gender Disparity Evaluation and Study (Croson Study) |
From: Office of the City Attorney/Council President De La Fuente |
Recommendation: Adopt a Resolution authorizing the City Administrator to set aside $550,000 ( |
including a 10% contingency) in the Non-departmental budget within the General Purpose Fund, |
in a special project to fund the race and gender disparity evaluation and study; the set-aside will |
be paid for with the year-end General Purpose Fund surplus projected for fiscal year 2004-2005 ( |
05-0033-1) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Adopted as Amended Agency/Councilmember |
Reid made a motion, seconded by Agency/Councilmember Quan, to adopt |
the Resolution as amended on Item 25 to amend the amount of the set- |
aside funds to $500,000, 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 |
The motion carried by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79138 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
26
Subject: Community Policing Advisory Board - Appointment |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Jose Corona as a member of the Community |
Policing Advisory Board (05-0218) |
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: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79139 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
27
Subject: Parks and Recreation Advisory Board - Appointment |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Holly McClure as a member of the Parks and |
Recreation Advisory Board (05-0215) |
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: 7 - Councilmember Reid, Councilmember Nadel, |
Councilmember Chang, Councilmember Brooks, Councilmember Quan, |
Councilmember Brunner and President of the Council De La Fuente |
Resolution Number 79140 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
28
Subject: Commission on Aging - Appointment |
From: Office of the Mayor |
Recommendation: Adopt a Resolution appointing Alphonso Galloway to the Commission on |
Aging (05-0216) |
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: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79141 C.M.S.
29
Subject: Budget Advisory Committee - Appointment |
From: Councilmember Chang |
Recommendation: Adopt a Resolution re-appointing Thomas H. Doctor as a member of the |
Budget Advisory Committee (05-0217) |
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: 7 - Councilmember Nadel, Councilmember Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 79142 C.M.S.
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 |
Frank Katsumura at 11:30 p.m. |
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