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, October 04, 2005
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
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 6:02 P.M. |
2
Roll Call / ORA & Council
ORA\Councilmember Present: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
The Roll Call was modified to note Councilmember Brooks present at 6:04 |
P.M. |
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 September 20, 2005 |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, to Approve as Amended. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Motion made by Agency/ Councilmember Brooks, seconded by |
Agency/Councilmember Reid to adopt the minutes as amended to reflect |
Councilmember Brooks present for the adoption of Consent Calendar and as |
the motion maker for Item 30, and hearing no objections, the motion passes |
with Ayes: Brooks, Brunner, Chang, Kernighan, Nadel, Quan, Reid and |
President of the Council De La Fuente - 8 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Airport Expansion |
Recommendation: Receive A Power Point Presentation By The Port Of Oakland On the |
Conceptual Plan For Airport Expansion For 2010-2012 (05-0741) |
Council heard a presentation from the Port of Oakland Conceptual Plan For |
Expansion For 2010-2012 |
The following individual(s) spoke and did not indicate a position on this item: |
8.2
Subject: California National Guard Withdrawal |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Calling Upon The Governor Of California To Urge The |
Pentagon, The President And Congress To Take Immediate Steps To Withdraw California |
National Guard Troops From Iraq (05-0724) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
The following individual(s) spoke in favor of this item: |
8.3
Subject: PG&E Anniversary |
From: Council President De La Fuente |
Recommendation: Adopt A Resolution Recognizing The 100th Anniversary Of The Pacific Gas |
& Electric Company And Proclaiming October 10, 2005 To Be "PG&E Day" In The City Of |
Oakland (05-0745) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Brooks, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
8.4
Subject: New Book Celebrating Oakland's History and Landmarks |
From: Council President De La Fuente |
Recommendation: Adopt A Resolution Commending Edmond Clausen And Annalee Allen For |
Creating An Innovative New Book Celebrating Oakland's History And Landmarks (05-0746) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
8.5
Subject: Jack And Jill Anniversary |
Recommendation: Adopt A Resolution Commemorating The 50th Anniversary Of The |
Founding Of The Oakland-East Bay Chapter Of Jack And Jill Of America, Inc. (05-0783) |
A motion was made by President of the Council De La Fuente, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
S-8.6
Subject: Domestic Violence Awareness Month - October 2005 |
Recommendation: Adopt a Resolution Proclaiming October 2005 Domestic Violence |
Awareness Month (05-0806) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
Agency/Councilmember Quan made a motion seconded by |
Agency/Councilmember Brooks to approve an urgency finding pursuant to |
Section 2.20.080 E(2) regarding Item S-8.6 that there is a need to take |
immediate action which came to the attention of the local body after the agenda |
was posted, and that the need to take immediate action relates to a purely |
ceremonial or commendatory action. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Kernighan took a point of personal privilege and |
requested that the meeting be adjourned in memory of Michelle Combs |
Agency/Councilmember Nadel took a point of personal privilege and requested |
that the meeting be adjourned in memory of Michael Cole Jr. |
Agency/Councilmember Reid took a point of personal privilege and requested |
that the meeting be adjourned in memory of Dr. Tipton Hood |
10. CONSENT CALENDAR (CC) ITEMS:
10.1-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 (05-0742) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
10.2-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 (05-0743) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
10.3-CC
Subject: Claudine Nuriddin - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Claudine Nuriddin v. City Of Oakland, Et Al., Superior |
Court, County Of Alameda, Case No. RG04191852, In The Amount Of $8,000.00 As A Result |
Of An Trip And Fall Accident In The Vicinity Of MacArthur Boulevard And Patterson |
Avenue, Oakland, On May 18, 2004 (Public Works Agency - Trip And Fall) (05-0747) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
10.4-CC
Subject: Steve Splendorio And Bruce Nielsen - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Steve Splendorio And Bruce Nielsen, And Other |
Employees Similarly Situated (Plaintiffs) v. City Of Oakland, Et Al. (Defendants), United |
States District Court, Northern District Of California, Case No. C044349-CW, As Follows: (1) |
City Shall Pay A Total Amount Of $418,506.19, As Compensation To Qualifying Members Of |
Local 55 For Incorrect FLSA Overtime Calculations, Of Which Sum Only $150,932.42 |
Remains To Be Paid; And, (2) City Shall Pay $8,000.00 In Attorneys' Fee (05-0773) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
10.5-CC
Subject: Ratification of the Mayor's Actions During 2005 Recess |
From: Office of the City Clerk |
Recommendation: Adopt A Resolution Ratifying Action Taken By The Mayor During The |
Oakland City Council 2005 Annual Recess In Conformance With Resolution Number 79006 |
C.M.S. Dated January 4, 2005 (05-0748) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
10.6-CC
Subject: Traffic Stop Signs And Parking Meter Zone For 19th Street And Thomas L. Berkley |
Way |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Oakland Municipal Code Chapter 10.36 And Adding A Metered Parking Zone Along A New |
Street Connecting 19th Street, William Street, And Thomas L. Berkley Way For The Uptown |
Oakland Mixed Use Redevelopment Project (05-0562-1) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
S-10.7-CC
Subject: Microsoft Windows/Exchange Software Migration |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A |
Contract With Micromenders Inc. For Products And Services To Implement A Microsoft |
Windows 2003/Exchange 2003 Software Migration For An Amount Not To Exceed Six |
Hundred And Eighteen Thousand Nine Hundred Seventeen Dollars ($618,917.00) (05-0702) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
S-10.8-CC
Subject: Give Something Back - Contract Amendment |
From: Finance And Management Agency |
Recommendation: Adopt A Resolution Amending The Contract Awarded To Give Something |
Back For Laser Printer Toner Cartridges And Recycled Content Dioxin-Free Paper Authorized |
By Council Resolution No. 78749 C.M.S., Dated July 20, 2004, From A Not To Exceed |
Amount Of $60,000 Per Year To A New Not To Exceed Amount Of $500,000 Per Year |
(05-0704) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
S-10.9CC
Subject: Design Review Program For Commercial Properties |
From: Community and Economic Development Agency |
Recommendation: Action On A Report And Recommendations On Proposal To Expand Design |
Review To The City's Commercial Zoning Districts (05-0616) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Approve as Amended The Council direded staff |
to consider exempting from design review, those commercial facade grant |
improvement projects that have successfully completed the required design |
process, consider adding provisions that would limit ground floor |
community assembly uses and consider incentatives pertaining to and |
incorporating ground floor retail activity incentives. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
Subject: Second Hand Smoke Policy |
From: President De La Fuente |
Recommendation: Approve the Introduction (First Reading) of an Ordinance Amending |
Oakland Municipal Code, Title 8, Chapter 8.30, Smoking, To Define The Smoke-Free Area |
Required Outside Work Buildings As 25 Feet From Any Entrance, Exit, Window And Air |
Intake Vent Of Buildings That Serve As Places Of Employment (05-0633) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
Subject: Paul Coverdell National Forensic Science Improvement Act Program - Grant |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Twelve |
Thousand Seven Hundred Eighty Dollars ($12,780) From The Governor's Office Of Emergency |
Services For The Paul Coverdell National Forensic Science Improvement Act Program To The |
Police Department For Participation In The Program (05-0710) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Subject: California Commission On Peace Officers Standards And Training - Agreement |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Execute An Agreement With The California Commission On Peace |
Officer Standards And Training (POST) For The Purpose Of Permitting The Police Department |
To Present The POST Certified Emergency Vehicle Operations Course (EVOC) To A |
Maximum Of One Hundred Twenty (120) Police Officer Trainees And Receive Up To |
Fifty-Three Thousand Four Hundred Dollars ($53,400) In Reimbursement Funds (05-0709) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Subject: Opposition Proposition 73 |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Declaring Opposition To Proposition 73 "Termination |
of Minor's Pregnancy, Waiting Period And Parental Notification. Initiative Constitutional |
Amendment" (05-0640) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Passed The Consent Agenda
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, including all the preceding items marked as having been adopted on |
the Consent Agenda. The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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 by Councilmember Reid, seconded by Councilmember |
Chang, to *Received and Filed. The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, 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: |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
Agency/Councilmember Reid made a motion seconded by |
Agency/Councilmember Chang confirming that there were no discussions |
pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections, |
the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, |
Nadel, Reid, Quan, Kernighan and President of the Council De La Fuente -8 |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Forest City Residential West - Amendments |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following |
Pieces Of Legislation: |
1) An Agency Resolution (1) Approving Amendments To The Lease Disposition And |
Development Agreement, Ground Lease, And Related Documents Between The |
Redevelopment Agency, The City, And FC Oakland, Inc. Or Related Entities, For The |
Development Of A Mixed-Use Residential Rental And Retail Development Project In The |
Uptown Activity Area Of The Central District Redevelopment Project Area To (A) Modify |
Public Park Maintenance Obligations, (B) Change The Date For Receipt Of Net Available Tax |
Increment, And (C) Change The Noise Reduction Plan For The Oakland School For The Arts, |
And Related Amendments; (2) Approving The Revised Site Plan For The Project; And (3) |
Changing The Use Of Agency Funds For The Implementation Of The Project; And (05-0729) |
2) A Resolution (1) Approving Amendments To A Lease Disposition And Development |
Agreement, Ground Lease, And Related Documents Between The Redevelopment Agency, The |
City, And FC Oakland, Inc. Or Related Entities, For The Development Of A Mixed-Use |
Residential Rental And Retail Development Project In The Uptown Activity Area Of The |
Central District Redevelopment Project Area To (A) Modify Public Park Maintenance |
Obligations, (B) Change The Date For Receipt Of Net Available Increment, (C) Change The |
Noise Reduction Plan For The Oakland School For The Arts, (D) Modify The Replayment |
Schedule; And (E) Add Various Amendments; (2) Approving The Revised Site Plan For The |
Project; And (3) Changing The Use Of City Funds For The Implementation Of The Project |
(TITLE CHANGE) (05-0729-1) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Reid, that this matter be Continued to the Concurrent Meeting of the |
Oakland Redevelopment Agency / City Council, due back on October 18, |
2005. The motion carried by the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Upon the reading of item 14.1 by the City Clerk, the Public Hearing was |
opened at 8:30 P.M. Agency/Councilmember Brunner made a motion, seconded |
by Agency/Councilmember Reid, to recess and continue the Public Hearing to |
the October 18, 2005 Oakland Redevelopment Agency/City Council meeting, |
and hearing no objections, the motion passed by Ayes: Agency/Councilmember: |
Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council |
De La Fuente -7, Abstain: Brooks, -1 |
The following individual(s) spoke in favor of this item: |
14.2
Subject: Taxi Medallion Number 303 |
From: Office Of The City Administrator |
Recommendation: Conduct A Public Hearing On Maurice Thomas' Appeal Of The |
Administrative Hearing Officer's Decision To Revoke Taxi Medallion Number 303, And |
Affirm Hearing Officer's Decision (05-0513) |
14.3
Subject: Tree Appeal - 335 Hanover Avenue |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Adopt A Resolution Denying The Appeal |
Filed By Jesse Kupers, Kim Goodwin, Deborah Cowder, Keith Wilson And Jessica Seaton |
Against The Decision Of The Public Works Agency Approving The Issuance Of Tree Removal |
Permit DRO4-019 For 335 Hanover Avenue, In Order To Build A Nine Unit Condominium |
Building (05-0635) |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Hurricane Rent Reduction |
From: Office Of The City Attorney |
Recommendation: Adopt An Emergency Ordinance Amending The Rent Adjustment |
Ordinance (Oakland Municipal Code Chapter 8.22) To Allow Rental Property Owners To (1) |
Charge Temporary Below Market Rate Rent To Persons Displaced By Disasters And (2) |
Increase The Rent To Market Rates At The End Of The Temporary Period, And Invoking This |
Provision For Hurricane Katrina And Hurricane Rita (05-0774) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Kernighan, that this matter be Approved as Amended for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Noes: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Kernighan to make the following amendments to the |
Emergency Ordinance: 1) under Section A - to include the following, "The |
purpose of this section 8.22.200 is to permit Owners to offer temporary below |
market Rent to Certified, displaced persons from areas hit by the Katrina |
disaster ("Displacees") and to enable the Owners to increase the Rent to market |
rate at the end of the temporary period.", 2) under Section B - will now read |
"Invocation of Section And Period Of Invocation. The provisions of this Section |
will remain in effect for six months after the date of action invoking this Section |
unless rescinded earlier by the City Council...", 3) under Section C - "Rent |
Increases to (and include the word "Certified") Displacees. Also include the |
following language "In order for a rental agreement to be eligible under this |
Section 8.22.200, the below market Rent must be no greater than fifty (50%) of |
the HUD Fair Market Rents in effect in Oakland at the time this Section is |
invoked based on the number of bedrooms in the Rental Unit. The City |
Administrator will make available to the public the maximum rents for |
eligibility under this Section."; 4) under Section E "Determination of Eligibility |
as Displacees. The City Administrator will develop a list of public or private |
agencies include the language, "including but not limited to FEMA (Federal |
Emergency Management Agency)", that, include the word "will" identify and |
replace the word verify with the word "certify" that persons..."; 5) under |
Section G. "Procedures, Standards and Regulations.", remove the last sentence, |
"These standards or regulations may include the maximum Rent guidelines for |
Rental Unites to be eligible under this Section."; 6) add "Section H. |
Retroactivity. This Section 8.22.200 may be applied to rental agreements that |
Displacees and Owners executed before this Ordinance became effective if it |
meets all the requirements of said Ordinance. The City Administrator is |
authorized to develop the procedures and requirements that rental agreements |
must comply with to be eligible for the protections provided by this Section.", 7) |
add, "Whereas, staff shall expedite Katrina petitions"; and 8) under Section 3, |
remove "and Hurricane Rita." |
PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY |
ORDINANCE) THIS ITEM WAS INTRODUCED AND ADOPTED AT THE |
SAME MEETING, BY A VOTE OF 7 AYES, 1 NO - DE LA FUENTE |
The following individual(s) spoke and did not indicate a position on this item: |
S-15.1
Subject: Hurricane Katrina And Rita Relief Efforts |
From: Rules And Legislation Committee |
Recommendation: Discussion And Action On A Report And Recommendations On The City |
Of Oakland's Participation In Hurricanes Katrina and Rita Relief Efforts (05-0804) |
A motion was made by Councilmember Quan, seconded by President of the |
Council De La Fuente, that this matter be Approve as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Abstained: 2 - Vice Mayor Brunner and Councilmember |
Nadel |
ORA\Councilmember Ayes: 6 - Councilmember Kernighan, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
Agency/Councilmember Quan made a motion seconded by President Of The |
Council De La Fuente to approve staff recommendations, directed staff to look |
for other funding sources and include the following language "The City |
Administrator will develop a list of public or private agencies, "including but |
not limited to FEMA (Federal Emergency Management Agency)", that, will |
identify and certify that persons are Displacees and can provide documentation |
or certification as to whether a person is a Displacee.", and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Chang, Kernighan, Quan, Reid and President of the Council De La Fuente - 6 |
and Abstain: Agency/Councilmember: Brunner and Nadel - 2 |
The following individual(s) spoke and indicated a neutral position on this item: |
- Linda Kiehle (time ceded from Willis Hannawalt) |
16
Subject: Animal Definition Amendments |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Section 6.04.020 Of The Oakland Municipal Code, Definitions; Amending Section 6.04.320 |
Prohibiting The Keeping Of Roosters In The City; Adding Section 6.04.400 To Limit The |
Number Of Dogs Per Household To Three; Amending Section 6.04.050 Making Chipping |
Required For Licensing, And Adding Section 6.04.410 To Add Exemptions To The Provisions |
Of This Ordinance (05-0574) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Approved for Final Passage. The motion carried |
by the following vote: |
ORA\Councilmember Noes: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember |
Kernighan, 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 following individual(s) spoke against this item: |
17
Subject: Rent Adjustment Ordinance |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Rent Adjustment Ordinance (OMC Chapter 8.22) To Add Three Alternate Members To The |
Housing Residential Rent And Relocation Board (TITLE CHANGE) (05-0685) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Nadel, that this matter be Approved for Final Passage. The motion carried |
by the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
18
Subject: Opus West Exclusive Negotiating Agreement - Extension |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Amending The Exclusive Negotiating |
Agreement With Opus West Developer Group For The Development Of Approximately 50 |
Acres Within The Former Oakland Army Base, In Order To: (1) Change The Developer Name |
To Oakland West Wind, LLC; And (2) Extend The Term Of The Agreement From 6 Months |
To 12 Months (05-0687) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council on 10/18/2005 |
19
Subject: Public Utilities And Right-Of- Way Improvements For Uptown Project |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving A Subdivision Improvement Agreement With FC Oakland, Inc., |
For Deferred Construction Of Public Infrastructure Improvements For The Final Map From |
Tract 7616 For The Uptown Oakland Mixed Use Redevelopment Project; And (05-0563) |
2) A Resolution Approving The Final Map For Tract 7616 For The Uptown Oakland Mixed |
Use Redevelopment Project And Accepting Offers Of Dedication For A Public Park And For |
Public Right-Of-Way For A Portion Of William Street And For A New Street Connecting |
William Street With 19th Street And Thomas L. Berkley Way (05-0563-2) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council on 10/18/2005 |
20
Subject: Paramount Theater - Appointments |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing David Foulkes, Michael Panico And Robert |
McKean As Members Of The Paramount Theater Of The Arts Board (05-0770) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council on 10/18/2005 |
The following individual(s) spoke and did not indicate a position on this item: |
21
Subject: Budget Advisory Committee - Appointment |
From: Council President De La Fuente |
Recommendation: Adopt A Resolution Marcie Hodge As A Member Of The Budget Advisory |
Committee (05-0771) |
No Action Taken
22
Subject: Commission On Aging - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Samuel Miller To The Commission On |
Aging (05-0772) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
23
Subject: Children's Fund Planning And Oversight Committee - Appointments |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Cody Kopowski And Patricia Gima As |
Members Of The Children's Fund Planning And Oversight Committee (05-0779) |
No Action Taken
The following individual(s) spoke and did not indicate a position on this item: |
24
Subject: Budget Advisory Committee - Appointments |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Benjamin Scott And Sok Ki Yoon As |
Members Of The Budget Advisory Committee (05-0780) |
No Action Taken
25
Subject: Housing, Residential Rent And Relocation Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing George Rosen As A Member Of The |
Housing, Residential Rent And Relocation Board (05-0776) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
26
Subject: Civil Service Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Steven Jimenez As A Member Of The Civil |
Service Board (05-0782) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
S-27
Subject: Multifamily Housing Revenue Bonds |
From: Finance And Management Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Issuance And Prescribing The Terms, Conditions |
And Form Of Not To Exceed $170,000,000 Principal Amount Of The Redevelopment Agency |
Of The City Of Oakland Multifamily Housing Revenue Bonds (Uptown Apartments Project), |
Series 2005A, Approving The Form Of And Authorizing The Execution And Delivery Of A |
Trust Indenture, A Loan Agreement, A Regulatory Agreement, And A Bond Placement |
Agreement; Authorizing Payment Of Costs Of Issuance; And Authorizing And Approving |
Necessary Actions In Connection Therewith; And (05-0703) |
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: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
2) A Resolution Of The City Council Of The City Of Oakland Approving Issuance By The |
Redevelopment Agency Of The City Of Oakland Of Not To Exceed $170,000,000 Aggregate |
Principal Amount Of Redevelopment Agency Of The City Of Oakland Multifamily Housing |
Revenue Bonds (Uptown Apartments Project), Series 2005A, And Providing Other Matters |
Properly Relating Thereto (05-0703-1) |
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: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
S-28
Subject: Chevron U.S.A. - Agreement |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To |
Enter Into An Agreement With Chevron U.S.A., Inc., Regarding Environmental Cleanup |
Obligations, Mutual Releases, And Cost Reimbursements For The Petroleum Contamination At |
The Former Service Station Site On The Sears Parking Lot Property At 1911 Telegraph Avenue |
In Downtown Oakland; And Authorizing The Agency Administrator To Pass Through Any |
Cost Reimbursements From Chevron To Forest City Residential West, Inc., Or Another |
Agency-Designated Development Entity (05-0714) |
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: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
S-29
Subject: Stanton Bluiett Contract Restructuring |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate A |
Loan Restructuring With Stanton D. Bluiett DBA Pill Hill Printing For Outstanding Principal |
Notes Totaling $240,000 (05-0555) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion failed by |
the following vote: |
ORA\Councilmember Noes: 4 - Vice Mayor Brunner, Councilmember Quan, |
Councilmember Reid and Councilmember Chang |
ORA\Councilmember Ayes: 4 - Councilmember Nadel, Councilmember |
Kernighan, President of the Council De La Fuente and Councilmember Brooks |
Agency/Councilmember Nadel made a substitute motion, seconded by |
Agency/Councilmember Brooks to approve Option 2. The vote tied: 4 Ayes |
Brooks, Kernighan and Nadel and President De La Fuente; 4 Noes Brunner, |
Chang, Quan, and Reid |
Pursuant To City Charter section 200 and Rule 29 of Council's Rules of |
Procedure, this item will be continued to October 18 to allow the Mayor to cast |
a tie breaker's vote |
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) |
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