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, June 07, 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 6:24 P.M. |
2
Roll Call / ORA & Council
ORA\Councilmember Present: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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 May 17, 2005 |
A motion was made by Councilmember Reid, seconded by President of the |
Council De La Fuente, to *Approve the Minutes. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: West Nile Virus/Mosquito & Vector Control Awareness Week |
From: Councilmember Nadel |
Recommendation: Hear a Presentation and Adopt a Resolution regarding the West Nile Virus/ |
Mosquito & Vector Control Awareness Week Resolution 2005 (05-0270) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79250
8.2
Subject: Metropolitan Transportation Commission Presentation |
From: Councilmember Larry Reid |
Recommendation: A Presentation By The Metropolitan Transportation Commission Of Its |
Proposed Transit Oriented Development Policy (05-0380) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be *Received and Filed. The motion carried by the |
following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Noes: 1 - Vice Mayor Brunner |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Kernighan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
8.3
Subject: National Head Start Program's Anniversary |
From: Councilmember Brooks |
Recommendation: Adopt a Resolution Honoring the National Head Start Program's 40th |
Anniversary (05-0415) |
*Withdrawn with No New Date
8.4
Subject: Oakland Firefighters Random Acts |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing the Oakland Firefighters Random Acts To |
Continue Its Services To The City Of Oakland, The Community And Honoring Awards To |
Recipients (05-0383) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
Resolution Number 79252
Subject: Citizen Hero Of The Year Award - Richard Quezada |
Recommendation: Adopt a Resolution Awarding Richard Quezada the Oakland Firefighters |
Random Acts Citizen Hero Of The Year Award (05-0383-1) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
Resolution Number 79253
Subject: Kindness Award - Mr.& Mrs. Troutner |
Recommendation: Adopt a Resolution awarding Mr.& Mrs. Daniel Troutner the Oakland |
Firefighters Random Acts Random Acts of Kindness Award (05-0383-2) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
Resolution Number 79254
Subject: Educator of the Year Award - Cherie Ivey |
Recommendation: Adopt a Resolution Awarding Cherie Ivey the Oakland Firefighters |
Random Acts Educator of the Year Award (05-0383-3) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
Resolution Number 79255
8.5
Subject: California Health Care Coalition |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution Supporting The California Health Care Coalition's |
Efforts To Encourage Greater Accountability And Transparency From The Health Care |
Industry (05-0418) |
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 Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
Resolution Number 79256
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Reid took a point of personal privilege and requested |
that the meeting be adjourned in memory of Kelly Mouton, Romaine Hardy, |
Ruth Kensey and Terry Brown |
Agency/Councilmembers Brunner and Nadel took a point of personal privilege |
and requested that the meeting be adjourned in memory of Judy Kersch. |
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 (05-0437) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
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 (05-0438) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79258
10.3-CC
Subject: Carolyn Montgomery - 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 Carolyn Montgomery V. City Of Oakland, Et Al., |
Superior Court, County Of Alameda, Case No. RG04167337, In The Amount Of $22,000.00 |
As A Result Of An Automobile Collision Accident In The Vicinity Of West Grand Avenue |
And Martin Luther King, Jr. Way, Oakland, On August 2, 2003 (Police Services Agency) (05- |
0440) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
10.4-CC
Subject: Stephen Linden - 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 Stephen Linden, Et Al., V. City Of Oakland, Et Al., |
Superior Court, County Of Alameda, Case No. Rg03097055. In The Amount Of $40,000.00 As |
A Result Of A Bicycle Accident On Tunnel Road Between Charing Cross Road And Hiller |
Drive, Oakland, On November 24, 2002 (Public Works Agency) (05-0441) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79260
10.5-CC
Subject: Patricia Batteate - 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 Patricia Batteate, In The Amount Of $19,922.00, As A |
Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Clogged City |
Sewer Main. (Public Works Agency) (05-0442) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79261
10.6-CC
Subject: Kent Strader - 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 State Farm Insurance As Subrogee For Kent Strader, In |
The Amount Of $6,677.79, As A Result Of Property Damage Sustained When Two Limbs |
From And "Official" Street Tree Fell And Damaged Kent Strader's Vehicle On November 20, |
2004 (Public Works Agency) (05-0444) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79262
10.7-CC
Subject: Malonga Casquelourd - Landmark Designation |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Designating |
The Malonga Casquelourd Arts Center (Historic Name: Women's City Club, Later Alice Arts |
Center) At 1426 Alice Street As A Landmark Pursuant To Section 17.102.030 Of The Oakland |
Planning Code (05-0148) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12659
10.8-CC
Subject: Lionel Wilson Building - Landmark Designation |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance designating |
the Broadway Building, Lionel Wilson Building (historic name: First National Bank Building) |
at 150 Frank H. Ogawa Plaza/1401-19 Broadway as a Landmark pursuant to Section 17.102. |
030 of the Oakland Planning Code (05-0149) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12660
10.9-CC
Subject: St. Andrew Missionary Baptist Church - Landmark Designation |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Designating |
St. Andrew Missionary Baptist Church (historic name: St. Augustine's Mission) At 2624 West |
Street As A Landmark pursuant To Section 17.102.030 Of The Oakland Planning Code (05- |
0150) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12661
10.10-CC
Subject: Municipal Boathouse - Landmark Designation |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Designating |
The Municipal Boathouse - Parks & Recreation Administration Building (Historic Name: |
Municipal Boathouse - High Pressure Pumping Station #1) At 1520 Lakeside Drive As A |
Landmark Pursuant To Section 17.102.030 Of The Oakland Planning Code (05-0153) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12662
10.11-CC
Subject: Issuance and Sale of Tax and Revenue Anticipation Notes |
From: Finance and Management Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance providing for |
the borrowing of funds for Fiscal Year 2005-2006 in an amount not to exceed $70,000,000 and |
the issuance and sale of 2005-2006 Tax and Revenue Anticipation Notes therefore, approving |
the publication of notices in the connection with such sale, and authorizing the award of such |
notes subject to certain conditions, and certain related matters (05-0298) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
10.12-CC
Subject: CalPERS Contract Amendment - Firefighters Local 55 |
From: Finance and Management Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance of the City of |
Oakland Authorizing an Amendment to the Contract Between the City of Oakland and the |
Board of Administration of the California Employees' Retirement System (CalPERS) that |
Authorizes Conversion of up to Seventy-Five Percent (75%) of Unused Accumulated Sick |
Leave to Additional Service Credit for Members of the International Association of |
Firefighters, Local 55 (05-0297) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12664
10.13-CC
Subject: Salary Ordinance Amendment - Firefighters Local 55 |
From: Office of Personnel |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance Amending the |
Salary Schedule of Ordinance No. 12347 C.M.S. to Adjust the Salaries of Employees in Job |
Classifications Represented by the International Association of Firefighters, Local 55 (05-0300 |
) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordiance Number 12665
10.14-CC
Subject: Salary Ordinance Amendment - Oakland Park Rangers Association |
From: Office of Personnel |
Recommendation: Approve the Final Passage (Second Reading) Of An Ordinance amending |
Ordinance No. 12379 C.M.S. to adjust the wages of Employees represented by the Oakland |
Park Rangers Association (OPRA) pursuant to a Memorandum of Understanding between the |
City of Oakland and OPRA (05-0299) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12666
10.15-CC
Subject: Henry Robinson Multi-service Center (Touraine Hotel) |
From: Director of Human Services |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing |
Lease Agreements With East Oakland Community Project For The Families In Transition/ |
Scattered Sites Properties From June 1, 2005 Through February 28, 2006 And The Matilda |
Cleveland Transitional Housing Property From June 1, 2005 Through September 30, 2006; And |
Authorizing The City Administrator To Extend Said Leases, Or Enter Into New Lease |
Agreements With Future Transitional Housing Providers As Necessary, For As Long As HUD |
Supportive Housing Program Funding Remains Available Without Returning To Council (05- |
0214) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12667
10.16-CC
Subject: Amendment to the Sunshine Ordinance |
From: City Clerk's Office/Public Ethics Commission/Vice Mayor Brunner/City Attorney |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance Amending |
Chapter 2.20 Of The Oakland Municipal Code To Require That City Executive Officers |
Provide Agenda-Related Materials To The City Clerk, Add Additional Documents To |
Supplemental Agenda Packet, Allow Attendance At An Open And Publicized Meeting, And |
Allow For Hardware And Software Impairment (04-0651) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
10.17-CC
Subject: The Limited Public Financing Act |
From: Public Ethics Commission |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Chapter 3.13 Of The Oakland Municipal Code (aka "The Limited Public Financing Act") To |
Provide, Among Other Things, That 1) Matching Funds Be Available Only To Candidates For |
District City Council And The Oakland School Board; 2) The Maximum Amount Which A |
Candidate May Receive In Matching Funds Be Raised From 15 Percent To 30 Percent Of The |
Voluntary Expenditure Limit; 3) Require Candidates To Collect Eligible Contributions Only |
From Sources Located Within The City Of Oakland; 4) Candidates May Receive An Initial |
Grant Of Matching Funds Upon A Determination Of Eligibility; And 5) Run-Off Candidates |
Shall Be Limited In the Receipt Of Matching Funds (05-0282) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
10.18-CC
Subject: Sale Agreement to Purchase Two Parcels |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing |
The City Administrator, Without Returning To Council, To Enter Into And Execute A Purchase |
And Sale Agreement To Acquire Two Parcels Of Land Containing 21,905 SF Known As APN |
029-1158-011-03 And APN 029-1159-006-02 Located On Butters Drive For Open Space From |
The Butters Land Trust In The Amount Of One Hundred Fifty Thousand Dollars ($150,000) |
Plus Closing Costs Not To Exceed Eight Thousands Dollars ($8,000) From Measure DD Funds |
(05-0230) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approved for Final Passage. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Ordinance Number 12670
10.19-CC
Subject: Leona Quarry Subdivision Agreement |
From: Public Works Agency |
Recommendation: Adopt a Resolution Authorizing The City Engineer To Enter Into A |
Subdivision Improvement Agreement With Desilva Group, LLC; And Leona, LLC For |
Construction Of Certain Improvements In Connection With "Tract 7492", Leona Quarry |
Project; Fixing The Amount Of The Security To Guarantee The Faithful Performance Of Such |
Agreement And Adopting Plans And Specifications (05-0356) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.20-CC
Subject: ABAG Power Agreement |
From: Public Works Agency |
Recommendation: Adopt a Resolution Authorizing The City Administrator, Without Returning |
To City Council, To Negotiate And Enter Into A Continuing Agreement, With Association of |
Bay Area Governments Power, the City's Current Natural Gas Supplier, To Purchase Natural |
Gas Supplies And Transportation For City Buildings And Vehicles (05-0350) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.21-CC
Subject: Berryman and Henigar Street Survey |
From: Public Works Agency |
Recommendation: Adopt a Resolution Authorizing The City Administrator To Enter Into A |
Professional Services Agreement With Berryman And Henigar For The Street Survey And |
Pavement Management Program Update For An Amount Not To Exceed $315,000.00 (05- |
0352) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.22-CC
Subject: Farmers' Market On 34th Avenue |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Encroachment |
Permit To The Unity Council For A Fruitvale Farmers' Market On 34th Avenue Between |
International Boulevard And E 12th Street Each Sunday Between The Hours Of 6:00 A.M. And |
5:00 P.M. (05-0319) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, that this matter be Withdrawn and Rescheduled to |
the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, to be heard at the June 21, 2005 meeting as an Non-Consent item. |
The motion carried by the following vote: |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Vice Mayor Brunner, |
Councilmember Quan, President of the Council De La Fuente, Councilmember |
Brooks, Councilmember Reid and Councilmember Chang |
10.23-CC
Subject: Mcguire And Hester |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Increase The |
Construction Contract With Mcguire And Hester For The Resurfacing Of Certain Streets In |
The City Of Oakland For Fiscal Year 2003-2004 (Project Number C234930) By $581,882.99, |
For A Total Contract Amount Of $5,100,000.00 (05-0384) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79266
10.23.1-CC
Subject: Mcguire And Hester |
From: Office of the City Auditor |
Recommendation: Receive A Report On A Resolution Authorizing The City Administrator To |
Increase The Construction Contract With Mcguire And Hester For The Resurfacing Of Certain |
Streets In The City Of Oakland For Fiscal Year 2003-2004 (Project Number C234930) By $581 |
,882.99, For A Total Contract Amount Of $5,100,000.00 (05-0384-1) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.24-CC
Subject: Prudential Overall Supply Corporation |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution awarding a contract for the rental and weekly cleaning |
of work garments to the lowest responsible bidder Prudential Overall Supply Corporation, in an |
amount not to exceed four hundred thousand dollars per year during the period May 10, 2005 to |
May 9, 2007, in accordance with Specification No. 07-983-22-1, and authorizing the City |
Administrator to extend the contract, one year at a time, for a total of three additional years (05 |
-0326) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.25-CC
Subject: California Electrical Code - Amendments |
From: Community Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Approve the Introduction (First Reading) of an Ordinance Adopting Local Amendments To |
The California Building Standards Code, California Code Of Regulations (CCR), Title 24, Part |
3 (California Electrical Code), And Amending Oakland Municipal Code Chapter 15.04(TITLE |
CHANGE); And (05-0226) |
A motion was made by Councilmember Reid, 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 June 21, 2005. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
2) Adopt a Resolution of Findings Made And Supporting Local Amendments To The 2004 |
Edition Of The California Building Standards Code, California Code of Regulations (CCR), |
Title 24, Part 3, (California Electrical Code) (05-0226-1) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.26-CC
Subject: Senior AIDES Program |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, |
Accept And Appropriate Funds In The Estimated Amount Of $1,198,464 From Senior Service |
America, Inc., For The City Of Oakland Senior AIDES Program For Fiscal Year 2005-2006 (05 |
-0228) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79269
10.27-CC
Subject: Measure B - Paratransit, Shuttle and Ramp Services |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing the City Administrator to Execute |
Contracts to Provide Paratransit Services for Fiscal Year 2005-2006, as Follows: 1) Bay Area |
Community Services in an Amount not to Exceed $225,000, 2) V.I.P. Transportation DBA At |
Your Services (ATS) V.I.P. in an Amount not to Exceed $500,000, 3) Friendly Transportation |
DBA Friendly Cab Company, Metro Yellow Cab Company and Yellow Cab Company in an |
Amount not to Exceed $165,000, 4) Veterans Transportation, Inc. DBA Veterans Cab |
Company in an Amount not to Exceed $170,000, 5) Center for Independent Living in an |
Amount Not to Exceed $30,000, 6) Rebuilding Together Oakland in an Amount not to Exceed |
$30,000 and 7) Rebuilding Together Albany, Berkeley and Emeryville in an Amount not to |
Exceed $10,000; and Authorizing the City Administrator to Execute any Amendments to the |
Contracts for any Additional Amounts Received Under the Measure B Grant Without |
Returning to the City Council (05-0274) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
10.28-CC
Subject: Oakland Housing Authority |
From: Office of Parks and Recreation |
Recommendation: Adopt A Resolution Authorizing The City Administrator, Without Returning |
to City Council, To Negotiate And Execute License Agreements with 935 Union Street and |
800 Willow Street (Campbell Village) in West Oakland for a Period of Fifteen Months and |
Thirteen Months Respectively with an Option to Renew Annually (05-0329) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.29-CC
Subject: Regional Center of the East Bay |
From: Office of Parks and Recreation |
Recommendation: Adopt A Resolution Authorizing The City Administrator Without Returning |
To City Council To Negotiate And Execute A Professional Service Agreement With The |
Regional Center Of The East Bay And To Accept And Appropriate Fees Collected From The |
Regional Center Of The East Bay For Providing Services For Youth With Developmental |
Disabilities (05-0331) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.30-CC
Subject: Implementation of Project First |
From: Oakland Police Department |
Recommendation: Adopt a Resolution Authorizing the City Administrator to Accept and |
Appropriate Grant Funds in an Amount not to Exceed Two Hundred Thousand Dollars ($200, |
000) from the State of California, Board of Corrections (BOC), Title V Community Prevention |
Grants Program, and Authorizing a Funding Agreement in an Amount not to Exceed One |
Hundred Eighty Thousand Dollars ($180,000) with Safe Passages for Implementation of |
Project First (05-0317) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
10.31-CC
Subject: Gang Resistance Education And Training (GREAT) Program |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate Grant Funds In An Amount Not To Exceed Twenty-Nine Thousand Nine Hundred |
Seventy-Three Dollars ($29,973) From The U.S. Department Of Justice, Office Of Justice |
Programs, To The Police Department For Continuation Of The Gang Resistance Education |
And Training (GREAT) Program At Cole Middle School (05-0318) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.32-CC
Subject: East Bay Task Force For Human Trafficking |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate Federal Grant Funds In The Amount Of Four Hundred Fifty Thousand Dollars ($ |
450,000) From The United States Department Of Justice, Office Of Justice Programs, Law |
Enforcement Response To Human Trafficking Grant And Authorizing A Professional Services |
Agreement In An Amount Not To Exceed One Hundred Nineteen Thousand Five Hundred |
Dollars ($119,500) With Cross-Sector Solutions, LLC For Consulting And Technical Services |
To The Oakland Police Department And The East Bay Task Force On Human Trafficking (05- |
0348) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.33-CC
Subject: Alcohol Control Enforcement Project |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate Grant Funds In An Amount Not To Exceed One Hundred Thousand Dollars ($100, |
000) From The State Of California, Department Of Alcoholic Beverage Control, For A One- |
Year Alcohol Control Enforcement Project Within The Police Department And Authorizing |
The Department To Enter Into A Contract For Services With The State Of California For The |
Implementation Of Said Initiative (05-0336) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
10.34
Subject: Self-Anchored Suspension For the Bay Bridge |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Urging The California Legislature To Retain In State |
Law The Self-Anchored Suspension Design Of The San Francisco-Oakland Bay Bridge; To |
Urge The Governor And Caltrans To Advertise That Design For Construction Bids As Soon As |
Possible; And To Urge The California Legislature And Governor To Promptly Commence |
Negotiations To Achieve A Fair And Equitable Cost-Sharing Agreement For The Latest Cost |
Overruns For The Toll Bridge Seismic Retrofit Program (05-0360) |
Subject: Self-Anchored Suspension For the Bay Bridge |
From: Councilmember Larry Reid |
Recommendation: Adopt a Resolution In support of Senate Bill 172 (Torlakson) and Senate |
Bill 1024 (Perata) To Fund Completion Of The State Toll Bridge Program (Including The Self - |
Anchored Suspension (SAS) Design For The Eastern Span Of The Bay Bridge) And Other |
Transportation Needs In California (05-0360-1) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
10.35-CC
From: Public Works Agency |
Recommendation: Adopt a Resolution Declaring The City Of Oakland's Support For Senate |
Bill 523 (Torlakson/Maldonado) For Maintaining Bicycle Transportation Account Funding (05 |
-0364) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79278
Passed The Consent Agenda
A motion was made by Councilmember Reid, seconded by Councilmember |
Kernighan, to Adopt the Consent Agenda. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Nadel, to *Approve with the following amendments. The |
motion failed by the following vote: |
ORA\Councilmember Noes: 4 - Councilmember Kernighan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
ORA\Councilmember Ayes: 4 - Councilmember Nadel, Vice Mayor Brunner, |
Councilmember Quan and Councilmember Brooks |
Agency/Councilmember Brooks made a motion, seconded by Agency/ |
Councilmember Nadel, to move items 24 and 25 sooner on the council agenda. |
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 *Approve as Submitted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, to *Approve as Submitted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
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: Conditional Vacation of Designated Areas - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Setting A Hearing To Receive Supporting Evidence And Public Comments On A Proposed |
Conditional Vacation Of Portions Of Thomas L. Berkeley Way, Williams Street, And 19th |
Street Between San Pablo Avenue And Telegraph Avenue For The Uptown Oakland Mixed |
Use Redevelopment Project And A Proposed Quit Claim To The Oakland Redevelopment |
Agency Of The Underlying Fee Interests In The Vacated Rights-Of-Way (05-0276-1) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
opened 7:26pm |
Agency/Councilmember Nadel made a motion, seconded by Agency/ |
Councilmember Quan, to close the Public Hearing, and hearing no objections, |
the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, |
Kernighan, Nadel, Reid, Quan and President of the Council De La Fuente -8 |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Patricia Kernighan Appointment/Composition of Education Partnership Committee |
From: Council President De La Fuente |
Recommendation: A Motion To Confirm The City Council President's Appointment Of |
Councilmember Patricia Kernighan To Various City Council Committees And To Confirm The |
Composition Of The Education Partnership Committee (05-0419) |
A motion was made that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
16
Subject: Consent Decree - Immediate Dispute Resolution |
From: Oakland City Council |
Recommendation: Discussion And Action On A Motion To Provide Direction to the City's |
Labor Negotiators Regarding The OPOA's Request For Immediate Dispute Resolution Related |
To The CPRB's Handling Of Complaints That Are The Subject of Torts Claims (05-0252-2) |
A motion was made by Councilmember Nadel, seconded by Vice Mayor |
Brunner, that this matter be Adopted as Amended. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Agency/Councilmember Nadel made a motion, seconded by Agency/ |
Councilmember Brunner to adopt the resolution as amended to include the |
following changes: "A motion (1) directing the City Administrator to |
immediately comply with and immediately implement the City Council's policy |
reflected in the Citizens’ Police Review Board (CPRB) Ordinance, which |
requires that CPRB be presented cases for hearing and consideration, |
including but not limited to cases, when tort claims are pending and that |
officers be present for hearings and consideration in cases when tort claims are |
pending; and (2) directing the City’s negotiators to deny any request by the |
Oakland Police Officers’ Association for immediate dispute resolution of |
grievances challenging the Police Department’s order compelling police |
officers to appear and testify at CPRB hearings when tort claims are pending." |
Hearing no objections, the motion passed by Ayes: Agency/Councilmembers: |
Brooks, Brunner, Chang, Kernighan, Nadel, Quan, Reid and President of the |
Council De La Fuente - 8 |
The following individual(s) spoke and did not indicate a position on this item: |
- Rashida Grinage (time ceded from Jonas LaMattery-Brownell) |
17
Subject: Wood-Smoke Ordinance |
From: Councilmembers Nancy Nadel and Jean Quan |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the |
Oakland Municipal Code adding Chapter 8.19.010, wood burning appliances, to regulate the |
installation, repair, and operation of wood burning appliances such as wood-burning fireplaces, |
wood heaters, pellet heaters (05-0030) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
The following individual(s) spoke and did not indicate a position on this item: |
18
Subject: Animal Shelter Director Classification Update |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution Recommending To The Civil Service Board That The |
Clasificaion Of Director Of Animal Services Be Excepted From The Operation Of The Civil |
Service (05-0174-1) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Vice Mayor Brunner |
ORA\Councilmember Ayes: 7 - 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: |
19
Subject: Integrated Permit, Enforcement, and Records Tracking System |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing the City Administrator to Execute a Contract, Without Returning |
to Council, with Municipal Software Corporation for Professional Services to Provide, Install, |
and License Proprietary Computer Software for a Permit and Code Enforcement Tracking |
System (PCETS) Component of an Interfaced Permit and Code Enforcement Tracking System ( |
PERTS) in an Amount Not to Exceed Seven Hundred Eighty Thousand Dollars ($780,000.00); |
(04-0559-1) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Quan, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks and Councilmember Chang |
Agency/Councilmember Brooks made a motion, seconded by Agency/ |
Councilmember Quan to adopt the resolution as amended to include the |
following change: "that the City Of Oakland not pay the contractor if the |
Interface Module fails." Hearing no objections, the motion passed by Ayes: |
Agency/Councilmembers: Brooks, Brunner, Chang, Kernighan, Nadel, Quan, |
Reid and President of the Council De La Fuente - 8 |
2) A Resolution Authorizing The City Administrator To Execute A Contract, Without |
Returning To Council, With Imagesource Corporation For Professional Services To Provide, |
Install, And License Proprietary Computer Software And Hardware For An Electronic |
Document Management Systems (EDMS) Component Of An Interfaced Permit, Enforcement, |
And Records Tracking System (PERTS) In An Amount Not To Exceed Two Million Eight |
Hundred Twenty Thousand Dollars ($2,820,000.00); (04-0559-2) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Quan, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks and Councilmember Chang |
Agency/Councilmember Brooks made a motion, seconded by Agency/ |
Councilmember Quan to adopt the resolution as amended to include the |
following change: "that the City Of Oakland not pay the contractor if the |
Interface Module fails." Hearing no objections, the motion passed by Ayes: |
Agency/Councilmembers: Brooks, Brunner, Chang, Kernighan, Nadel, Quan, |
Reid and President of the Council De La Fuente - 8 |
3) A Resolution Authorizing The City Administrator To Fund A Permit, Enforcement, And |
Records Tracking System (PERTS) With A Re-Allocation Of Unexpended Prior Fiscal Year |
Capital Improvement Program Technology Project Appropriations Of Two Million Four |
Hundred Eighty Four Thousand Dollars ($2,484,000) And With A Supplemental Appropriation |
Increasing The Fiscal Year 2005/ 2007 Expenditure Budget Of The Building Services Division |
Of The Community And Economic Development Agency By Eight Hundred Thirty Five |
Thousand Dollars ($835,000); And (04-0559-3) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Quan, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 79283
4) A Resolution Authorizing The City Administrator, To Amend The Contracts, Without |
Returning To Council, With Municipal Software Corporation And With Imagesource |
Corporation For Changes In Scopes-Of-Work For Professional Services Not To Exceed A |
Combined Aggregate Contract Amount of Three Million Six Hundred Thousand Dollars ($3, |
600,000) (TITLE CHANGE) (04-0559) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Quan, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 79284
20
Subject: Massage Establishments and Therapists Regulation |
From: Council President De La Fuente |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending |
Oakland Planning Code Sections 17.09.040 And 17.102.170 And Amending Oakland |
Municipal Code 5.36, "Massage Establishments And Massage Therapists", To Impose New |
Permitting Requirements Including, But Not Limited To, Criminal Background Checks For |
Applicants And Employees, And Amending Oakland Planning Code 17.102.170, "Special |
Regulations Applying To Massage Service Activities", To Eliminate The Conditional Use |
Permit (CUP) Requirement And Add A Reference To Massage Permit Regulations In OMC 5. |
36 (05-0203) |
A motion was made by Councilmember Kernighan, seconded by |
Councilmember Quan, that this matter be Approved as Amended for Final |
Passage. The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks and Councilmember Chang |
Agency/Councilmember Chang made a motion, seconded by Agency/ |
Councilmember Brunner, to extend the council meeting past 10:30 p.m., 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(s) spoke in favor of this item: |
The following individual(s) spoke and did not indicate a position on this item: |
21
Subject: Innovative Interfaces, Inc. - Agreement |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, or Her Designee |
to 1) Execute an Agreement with Innovative Interfaces, Inc. for the Purchase and Installation |
of a New Integrated Library System (Computer Catalog) Including all Necessary Computer |
Hardware, Software and Telecommunication Equipment, for a Total Contract Amount not to |
Exceed Six Hundred Thousand Dollars ($600,000) for the Three Year Period of July 1, 2005 |
Through June 30, 2008; and 2) Execute an Annual Software Maintenance Agreement with |
Innovative Interfaces, Inc. for a Five Year Period Without Returning to Council for a Total |
Maintenance Agreement Amount not to Exceed Three Hundred Thousand Dollars ($300,000) ( |
05-0237) |
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 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
21.1
Subject: Innovative Interfaces, Inc. - Agreement |
From: Office of the City Auditor |
Recommendation: Receive a Report on a Resolution Authorizing The City Administrator, or |
Her Designee to 1) Execute an Agreement with Innovative Interfaces, Inc. for the Purchase and |
Installation of a New Integrated Library System (Computer Catalog) Including all Necessary |
Computer Hardware, Software and Telecommunication Equipment, for a Total Contract |
Amount not to Exceed Six Hundred Thousand Dollars ($600,000) for the Three Year Period of |
July 1, 2005 Through June 30, 2008; and 2) Execute an Annual Software Maintenance |
Agreement with Innovative Interfaces, Inc. for a Five Year Period Without Returning to |
Council for a Total Maintenance Agreement Amount not to Exceed Three Hundred Thousand |
Dollars ($300,000) (05-0237-1) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be *Received and Filed. The |
motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks and Councilmember Chang |
22
Subject: Children and Youth Service Contracts |
From: Department of Human Services |
Recommendation: Adopt a Resolution Appropriating $196,367 in Interest Income Earned to |
the Oakland Fund for Children and Youth; and Authorizing the City Administrator to Negotiate |
and Execute Grant Agreements Between the City of Oakland and Various Non-profit and |
Public Agencies to Provide Direct Services for Children and Youth for Fiscal Year 2005-2006 |
in an Amount not to Exceed $9,704,164 (TITLE CHANGE) (05-0247) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
23
Subject: Discontinue the Health and Human Services Commission |
From: Office of the City Administrator |
Recommendation: Approve the Introduction (First Reading) of an Ordinance Discontinuing the |
Health and Human Services Commission Pursuant to Article VI of the City Charter (05-0311-1 |
) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, that this matter be Approved on Introduction for |
Final Passage to the Concurrent Meeting of the Oakland Redevelopment |
Agency / City Council, due back on June 21, 2005. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
The staff were directed to defer the issue regarding the feasiablity of funding to |
the June 16, 2005 Budget agenda. |
The following individual(s) spoke and did not indicate a position on this item: |
24
Subject: Measure Y - Violence Prevention Programs |
From: Department of Health and Human Services and Oakland Police Department |
Recommendation: Measure Y: Approve prevention program recommendations including |
evaluation and administration recommendation and adopt an Ordinance establishing the terms |
and procedures of the Violence Prevention and Public Safety Oversight Committee (05-0159) |
A motion was made that this matter be Approved on Introduction for Final |
Passage to the Concurrent Meeting of the Oakland Redevelopment Agency |
/ City Council, due back on June 21, 2005. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
- Ron Muhammed (time ceded from Anton Muhammed) |
- Jonas Zern (time ceded from Liz Sullivan) |
The following individual(s) spoke against this item: |
- Pecolia Manigo (time ceded from Anita Miballe) |
The following individual(s) spoke and did not indicate a position on this item: |
- Jonas LaMattery -Brownell |
- Kurt Foster (time ceded from Dorsey Nunn) |
- Bernardo Garcia-Pandavenes |
- Gwen Hardy (time ceded from Sanjiv Handa) |
The following individual(s) spoke and indicated a neutral position on this item: |
25
Subject: Sideshow Activities |
From: Office of the Mayor |
Recommendation: Action on A Report and Recommendations Regarding Two Alternatives To |
Address Sideshow Activities: Alternative No. 1 - An Ordinance Amending Title 9 Of The |
Oakland Municipal Code To Add Chapter 9.60 (a) Declaring Vehicle Sideshows A Public |
Nuisance And (b) Prohibiting The Gathering Of Spectators At Such Public Nuisance Events; |
And Alternative No. 2 - An Ordinance That Includes The Foregoing Provisions And Also |
Provides For The Forfeiture Of Vehicles Involved In Sideshow Events (05-0429) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Approve as Amended. The motion failed by the |
following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Quan |
ORA\Councilmember Noes: 3 - Councilmember Nadel, Vice Mayor Brunner |
and Councilmember Brooks |
ORA\Councilmember Ayes: 4 - Councilmember Kernighan, President of the |
Council De La Fuente, Councilmember Reid and Councilmember Chang |
Agency/Councilmember Nadel made a motion, seconded by Agency/ |
Councilmember Brooks, to refer the item to the June 28, 2005 Public Safety |
Committee. Hearing no objections, the motion passed by Ayes: Agency/ |
Councilmember: Brooks, Brunner, Kernighan, Nadel, Quan - 5; Noes: Chang, |
Reid and President of The Council, De La Fuente - 3 |
The following individual(s) spoke and did not indicate a position on this item: |
- Bernardo Garcia-Pandavenes |
The following individual(s) spoke against this item: |
The following individual(s) spoke in favor of this item: |
- Mark Daly (time ceded from Colleen Brown) |
26
Subject: Seizure And Forfeiture Of Vehicles Used To Solicit Prostitution |
From: Office of the Mayor |
Recommendation: Approve the Introduction (First Reading) of An Ordinance Amending |
Chapter 9.56 Of The Oakland Municipal Code Authorizing Seizure And Forfeiture Of Vehicles |
Used To Solicit Prostitution Or Acquire A Controlled Substance, To Include As Additional |
Grounds For Seizure And Forfeiture The Crimes Of Pandering And Pimping, And To Require |
A Prompt Post-Seizure Hearing (05-0430) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Quan, that this matter be Approved on Introduction for Final Passage to |
the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on June 21, 2005. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
The following individual(s) spoke and did not indicate a position on this item: |
27
Subject: Wood Street Develoopment Project |
From: Community and Economic Development Agency |
Recommendation: Approve the following legislation: |
1) Final Passage (Second Reading) Of An Ordinance Adopting the Second Amendment to the |
Oakland Army Base Redevelopment Plan to Revise Land Use Designations for the 16th and |
Wood Street Subarea and to Make Various Text Changes; (05-0144-4) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
2) Final Passage (Second Reading) Of An Ordinance Adopting the Wood Street Zoning District |
for 29.2 Acres in West Oakland Between 10th Street to the South, West Grand Avenue to the |
North, Wood Street to the East, and the I-880 Frontage Road to the West; (05-0144-5) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
(6) Final Passage (Second Reading) Of An Ordinance of the City of Oakland Rezoning |
Property Into The Wood Street Zoning District Located In West Oakland Between 10th Street |
To The South, West Grand Avenue To The North, Wood Street To The East, And The I-880 |
Frontage Road to the West (05-0144-6) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, 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: |
The following individual(s) spoke and did not indicate a position on this item: |
28
Subject: Appointments To The City Planning Commission |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Douglas Boxer And Reappointing Suzie |
Lee As Members Of The City Planning Commission (05-0458) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor 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: |
29
Subject: Appointment to the Children's Fund Planning and Oversight Committee |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Re-appointing Edward Hannemann As A Member of |
the Children's Fund Planning and Oversight Committee (05-0455) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79288
30
Subject: Appointments to the Landmarks Preservation Advisory Board |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Re-appointing Neal Parish And Appointing Kirk |
Peterson As Members Of The Landmarks Preservation Advisory Board (05-0454) |
*Withdrawn with No New Date
31
Subject: Appointment to the Measure Y Committee |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Appointing Donald Blevins As A Member Of The |
Violence Prevention And Public Safety Oversight Committee (05-0453) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution NUmber 79289
32
Subject: Appointment to the Commission on Person's with Disabilities |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Appointing Bill Pelter As A Member Of The |
Commission On Persons With Disabilities ( 05-0452) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Kernighan, Vice Mayor Brunner, Councilmember Quan, President of the |
Council De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79290
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION |
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the Council |
) |
There being no further business, and upon the motion duly made, the Agency/ |
Council adjourned the meeting at 1:35 a.m. |
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