Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council |
DRAFT
Tuesday, November 15, 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 6:06 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 has been modified to note Councilmember Brooks present at 6:08 |
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 November 1, 2005 |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, to *Approve the Minutes. 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. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Voting Rights Act Of 1965 - Reauthorization |
From: Councilmember Brooks |
Recommendation: Adopt A Resolution Supporting Reauthorization Of The Voting Rights Act |
Of 1965 (05-0894) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Resolution Number 79579 C.M.S.
8.2
Subject: Declaring December 1st As Rosa Parks Day |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Honoring The 50th Anniversary Of Rosa Parks' |
Historic Refusal To Give Up Her Bus Seat And Declaring December 1st Rosa Parks Day In |
The City of Oakland (05-0899) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Chang, 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: |
|
The following individual(s) spoke and did not indicate a position on this item: |
Resolution Number 79580 C.M.S. |
8.3
Subject: Planning Committee Appreciation |
Recommendation: A Presentation To Members Of The Planning Committee For The 5th |
Annual Small Business Symposium Held September 29, 2005 (05-0905) |
The Oakland City Council heard a presentation from the Planning Commission |
of the 5th Annual Small Business Symposium |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Nadel took a point of personal privilege and requested |
that the meeting be adjourned in memory of Patrick Gaston. |
Agency/Councilmember Reid took a point of personal privilege and requested |
that the meeting be adjourned in memory of Man Fu Chu. |
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 With |
Regard To The AIDS Epidemic (05-0895) |
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 |
Resolution Number 79581 C.M.S.
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 (05-0896) |
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 |
Resolution Number 79582 C.M.S.
10.3-CC
Subject: Environmental Protection Agency - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Settle |
The Claims Of The United States Environmental Protection Agency, California Department Of |
Fish And Game, California Department Of Toxic Substances Control And California Regional |
Water Quality Control Board Resulting From City's Disposal Of Hazardous Substances At The |
Casmalia Disposal Site In Santa Barbara County, California, Between 1987 And 1989 For A |
Total Sum Not To Exceed $11,500.00 (Public Works Agency, Oakland Fire Department And |
Oakland Police Department) (05-0897) |
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 |
Resolution Number 79583 C.M.S.
10.4-CC
Subject: Tatanisha Prescott - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Tatanisha Prescott And The Attorney Of Record, Ross |
Meltzer, In The Amount of $17,000, As A Result Of Bodily Injury Sustained In An Auto |
Collision Involving A City Of Oakland Vehicle On April 25, 2003 (Public Works Agency) |
(05-0898) |
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: |
Resolution Number 79584 C.M.S. |
10.5-CC
Subject: Cornelius Investment Group - Agreement |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing |
The City Administrator To Enter Into A Purchase And Sales Agreement To Sell To Cornelius |
Investment Group, LLC, The Adjoining Property Owner Approximately 4,350 Square Feet Of |
City Owned Surplus Real Property Located At Oakdale Avenue (APN# 037A-2785-006) For |
The Fair Market Value Of $85,000.00 (05-0720) |
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 |
Ordinance Number: 12711 C.M.S. |
S-10.6-CC
Subject: Sheffield Village Recreation Center ADA Improvement Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, |
Accept And Appropriate Grant Funds From Stopwaste.Org's Green Building Design Resources |
Program For The Sheffield Village Recreation Center ADA Improvement Project (Project No. |
C259410) In An Amount Not To Exceed $30,000.00 (05-0760) |
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 |
Resolution Number 79585 C.M.S.
S-10.7-CC
Subject: FDC Construction - Contract |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, |
To Award A Construction Contract To FDC Construction, Inc. For The Montclair Recreation |
Center Renovation Project (G230130) In The Amount Of Four Hundred Thirty Three Thousand |
Dollars ($433,000.00) (05-0852) |
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 |
Resolution Number: 79586 C.M.S. |
S-10.8-CC
Subject: Prentiss Properties Acquisition Partners, L.P. - Revocable And Conditional Permit |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Granting Prentiss Properties Acquisition Partners, L.P., |
A Revocable And Conditional Permit To Allow A Basement Of A New Building At 2100 |
Franklin Street To Encroach Into The Public Right-Of-Way (05-0883) |
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 |
Resolution Number 79587 C.M.S.
S-10.9-CC
Subject: Prentiss Properties - Additional Permit |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Granting Prentiss Properties Acquisition Partners, L.P., |
A Revocable And Conditional Permit To Allow A Portion Of The Upper Floors Of A New |
Building At 2100 Franklin Street To Encroach Over The Public Right Of-Way (05-0883-1) |
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 |
Resolution Number 79588 C.M.S.
Subject: 800 Center LLC - Purchase And Sales Agreement |
From: Community And Economic Development Agency |
Recommendation: Approve The Introduction (First Reading) Of A City Ordinance Authorizing |
The City Administrator To Enter Into A Purchase And Sales Agreement To Sell To 800 Center |
LLC, The Adjoining Properties Owner, Approximately 6,900 Square Feet Of City Owned |
Surplus Real Property Located At 1430 8th Street And 816 Center Street (APN# 004-0067-015 |
And APN# 004-0067-017) For The Fair Market Value Of $120,000.00 (05-0722) |
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 |
10.11
NUMBER NOT USED
Subject: Oakland Fund For Children And Youth 2006-2008 Request For Proposals |
From: Department Of Human Services |
Recommendation: Action On A Report And Request For Approval Of The Fiscal Year |
2006-2008 Requests For Proposals For The Oakland Fund For Children And Youth (05-0851) |
This Matter was Approved 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: Tire-Derived Product Grant Program |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For, |
Accept And Appropriate Grant Funds Up To The Amount Of $100,000.00 From The |
Tire-Derived Product (TDP) Grant Program Of The California Environmental Protection |
Agency Integrated Waste Management Board (CIWMB) For Recycled Rubber Surfacing At |
Selected Park Playgrounds And Tots Lots (05-0857) |
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 |
Resolution Number 79589 C.M.S.
Subject: Urban Search And Rescue |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate Thirty Five Thousand Nine Hundred Seventy Eight Dollars And 28 Cents |
($35,978.28) From The State Of California Office Of Emergency Services To Reimburse The |
City For Training And Equipment Costs Incurred By The Oakland Fire Department Urban |
Search And Rescue (USAR) Team For A Mobilization Exercise (05-0816) |
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 |
Resolution Number 79590 C.M.S.
Subject: Electronic Crime Task Force |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate A Maximum Of Eighteen Thousand Dollars ($18,000) In Federal Funds From The |
Department Of Homeland Security, United States Secret Service (USSS) To The Oakland |
Police Department For The Overtime Costs Of One (1) Police Officer Assigned To The |
Electronic Crime Task Force (ECTF) For The Period Of October 1, 2005 To September 30, |
2006 And An Additional Fifteen Thousand Dollars ($15,000) In Federal Funds From The |
Department Of Homeland Security, United States Secret Service (USSS), To The Oakland |
Police Department For The Overtime Cost Of One (1) Police Officer Assigned To The |
Electronic Crime Task Force (ECTF) From October 1, 2004 To September 30, 2005 (05-0847) |
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: |
Resolution Number 79591 C.M.S. |
Subject: Tobacco Control Enforcement Project |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And |
Appropriate Grant Funds In The Amount Of Twenty-Five Thousand Dollars ($25,000) From |
The Alameda County Public Health Department, Tobacco Control Program, For A Tobacco |
Control Enforcement Project By The Police Department From November 1, 2005 To May 31, |
2006 And Authorizing The Department To Enter Into A Contract For Services With The |
Alameda County Public Health Department For Implementation Of This Initiative (05-0886) |
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: |
Resolution Number 79592 C.M.S. |
Subject: Management Health Network (MHN) - Agreement |
From: Oakland Police Department |
Recommendation: Adopt A Resolution Authorizing A Waiver Of The City Of Oakland's Local |
And Small Local Business Enterprise Program Provision Relative To A Professional Services |
Agreement In An Amount Not To Exceed Sixty-Six Thousand One Hundred Seventy-Three |
Dollars And Twenty-Eight Cents ($66,173.28) With Managed Health Network (MHN) For The |
Period Of July 1, 2005 To June 30, 2006, For A Counseling Program For Sworn Members Of |
The Police Department And Their Dependents (05-0887) |
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 |
Resolution Number 79593 C.M.S. |
Passed The Consent Agenda
A motion was made by Councilmember Kernighan, seconded by |
Councilmember Reid, including all the preceding items marked as having |
been adopted on the Consent Agenda. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 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 Kernighan, seconded by |
Councilmember Reid, 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, Kernighan, Nadel, Quan, Reid 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: Montclair Business Improvement District - Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Confirming The Annual Report Of The Montclair Business District Advisory Board And |
Levying The Annual Assessment For The Montclair Business Improvement District For Fiscal |
Year 2006-2007 (05-0717-1) |
A motion was made by Councilmember Quan, seconded by Vice Mayor |
Brunner, 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 |
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
opened at 7:01 PM |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, 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 |
The following individual(s) spoke and did not indicate a position on this item: |
Resolution Number 79594 C.M.S. |
14.2
Subject: Rockridge Business Improvement District- Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Confirming The Annual Report Of The Rockridge Business Improvement District Advisory |
Board And Levying The Annual Assessment For The Rockridge Business Improvement |
District For Fiscal Year 2006-2007 (05-0725-1) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Quan, 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 |
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
opened at 7:02 P.M. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, 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 |
Resolution Number 79595 C.M.S. |
14.3
Subject: Arcadia Park Residential Project - Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following |
Pieces Of Legislation: |
1) A Resolution Denying The Appeal And Sustaining The City Planning Commission |
Decisions To Certify The Environmental Impact Report And Approve The 366-Unit Arcadia |
Park Residential Project Located At The Intersection Of 98th Avenue And San Leandro Street; |
(05-0832-5) |
A motion was made by Councilmember Reid, seconded by Vice Mayor |
Brunner, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Abstained: 2 - Councilmember Quan and |
Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember |
Kernighan, President of the Council De La Fuente, Councilmember Reid and |
Councilmember Chang |
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was |
opened at 7:04 P.M. |
Agency/Councilmember Reid made a motion seconded by |
Agency/Councilmember Brunner to adopt the Resolution and directed staff to |
make the following amendment to the Conditions of Approval & MMRP, on |
page 5, Item 18: |
A second noise covenant shall be provided for the proposed residential lots |
located adjacent to the property located at 850 92nd Avenue acknowledging |
that the current business operating at 850 92nd Avenue (i.e. Fast Lane |
Transportation) has the right to continue its current operational |
characteristics. |
The language of the covenants and the specifics lots subject to the second noise |
covenant ... and hearing no objections, the motion passed by Ayes: |
Agency/Councilmember: Brunner, Chang, Nadel, Reid, Kernighan and |
President of the Council De La Fuente -5; Noes: Agency/Councilmember: |
Nadel -1; Abstention: Agency/Councilmember: Brooks and Quan - 2 ; |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, 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 |
The following individual(s) spoke and indicated a neutral position on this item: |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke against this item: |
The following individual(s) spoke and did not indicate a position on this item: |
Resolution Number 79596 C.M.S. |
2) A Resolution Amending The General Plan Land Use Designation For The 366-Unit Arcadia |
Park Residential Project Site, Located At The Intersection Of 98th Avenue And San Leandro |
Street, From General Industrial/Transportation To Housing And Business Mix; (05-0832-2) |
A motion was made by Councilmember Reid, seconded by Vice Mayor |
Brunner, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Abstained: 2 - Councilmember Quan and |
Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember |
Kernighan, President of the Council De La Fuente, Councilmember Reid and |
Councilmember Chang |
Resolution Number 79597 C.M.S.
3) An Agency Resolution Approving And Recommending Adoption Of The Fourth |
Amendment To The Coliseum Area Redevelopment Plan Amending The Land Use Designation |
For The 366-Unit Arcadia Park Residential Project Site, Located The Intersection Of 98th |
Avenue And San Leandro Street, From Manufacturing To Housing And Business Mix; |
(05-0832-3) |
A motion was made by Councilmember Reid, seconded by Vice Mayor |
Brunner, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Abstained: 2 - Councilmember Quan and |
Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember |
Kernighan, President of the Council De La Fuente, Councilmember Reid and |
Councilmember Chang |
Agency Resolution 2005-0066 C.M.S.
4) Approve The Introduction (First Reading) Of An Ordinance Adopting The Fourth |
Amendment To The Coliseum Area Redevelopment Plan Amending The Land Use Designation |
For The 366-Unit Arcadia Park Residential Project Site, Located At The Intersection Of 98th |
Avenue And San Leandro Street, From Manufacturing To Housing And Business Mix |
(05-0832-4) |
A motion was made by Councilmember Reid, seconded by Vice Mayor |
Brunner, that this matter be Approved on Introduction for Final Passage |
to the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on December 6, 2005. The motion carried by the |
following vote: |
ORA\Councilmember Abstained: 2 - Councilmember Quan and |
Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember |
Kernighan, President of the Council De La Fuente, Councilmember Reid and |
Councilmember Chang |
5) Approve The Introduction (First Reading) Of An Ordinance Rezoning The 366-Unit Arcadia |
Park Residential Project Site, Located At The Intersection Of 98th Avenue And San Leandro |
Street, From The M-30 General Industrial Zone To The R-30 One-Family Residential Zone |
And R-50 Medium Density Residential Zone (05-0832-6) |
A motion was made by Councilmember Reid, seconded by Vice Mayor |
Brunner, that this matter be Approved on Introduction for Final Passage |
to the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on December 6, 2005. The motion carried by the |
following vote: |
ORA\Councilmember Abstained: 2 - Councilmember Kernighan and |
Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Reid and |
Councilmember Chang |
14.4
Subject: Rent Adjustment And Enterprise Zone Hiring Credit Voucher |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The Introduction |
(First Reading) An Ordinance Amending Ordinance Number 12676 C.M.S. (Master Fee |
Schedule), As Amended To Modify Rent Adjustment And Enterprise Zone Hiring Credit |
Voucher Fees Assessed By The Community And Economic Development Agency (05-0855) |
A motion was made by Vice Mayor Brunner, 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 December 6, 2005. 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 |
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was |
opened at 7:10 P.M. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, 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 |
S-14.5
Subject: Resources For Community Development - Disposition And Development |
Agreement |
From: Community Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following |
Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Sale Of Real Property Located On Portions Of The |
Block Bounded By San Pablo Avenue, 18th Street, 19th Street, And Telegraph Avenue, |
Adjacent To The Fox Theater To Resources For Community Development For Its Development |
As Affordable Housing, Authorizing A Predevelopment And Development Loan For The |
Project In An Amount Not To Exceed $2,864,400, And Authorizing A Disposition And |
Development Agreement For The Project (05-0729-3) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Noes: 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 14.5 by the City Clerk, the Public Hearing was |
opened at 7:15 P.M. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, 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 |
Vice Mayor Brunner made a motion seconded by Agency/Councilmember Nadel |
to adopt the Resolution with the following amendments to the exhibits: |
1) Remove the $400,000 contingent loan for construction cost overruns if the |
Agency delays site delivery 2) Reduce the predevelopment loan to $770,000 for |
RCD to prepare 50% construction drawings 3) Remove language regarding |
forgiveness of the predevelopment loan and termination of the DDA; and |
4) Provide that the Agency won't require repayment of the predevelopment loan |
prior to the date that the site is made available to RCD, unless there is a |
developer default under the DDA or the loan agreement 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; No: Agency/Councilmember Brooks -1 |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke and did not indicate a position on this item: |
Agency Resolution 2005- 0067 C.M.S. |
2) A Resolution Approving The Sale Of Real Property Located On Portions Of The Block |
Bounded By San Pablo Avenue, 18th Street, 19th Street, And Telegraph Avenue, Adjacent To |
The Fox Theater To Resources For Community Development For Its Development As |
Affordable Housing (05-0729-3-1) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Noes: 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 |
Resolution Number 79598 C.M.S.
S-14.6
Subject: Design, Community & Environment/Wolfe Mason Associates - Contract |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Agency |
Resolution Authorizing A Contract With Design, Community & Environment/Wolfe Mason |
Associates In An Amount Not To Exceed $250,000 To Prepare Design And Engineering |
Documents For The Foothill Streetscape Improvement Project In The Fruitvale Area And |
Appropriating Funds For This Purpose From The Central City East Redevelopment Project |
Area Funds, And Amending The Central City East Implementation Plan To Increase The |
Funding Amount Designated For The Foothill Boulevard And Fruitvale Avenue Area From |
$125,000 To $330,000 (05-0826) |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.6 by the City Clerk, the Public Hearing was |
opened at 7:25 p.m. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Brooks, to close the Public Hearing, 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 |
The following individual(s) spoke in favor of this item: |
Resolution Number 2005-0068 C.M.S. |
ACTION ON NON-CONSENT ITEMS:
15
Subject: 230 Bay Place - Revocable And Conditional Permit |
From: Community And Economic Development Agenda |
Recommendation: Adopt A Resolution Granting Bond CC Oakland, LLC, A Revocable And |
Conditional Permit To Allow A Temporary Soil Shoring System For A New Building At 230 |
Bay Place To Encroach Under Vernon Street (05-0892) |
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 - 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: |
Resolution Number 79599 C.M.S. |
16
Subject: Housing, Residential Rent And Relocation Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Bob McClain As A Member Of The |
Housing, Residential Rent And Relocation Board (05-0904) |
This item was withdrawn with no new date.
17
Subject: Board Of Port Commissioners - Appointments |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Mark McClure And Re-appointing Anthony |
Batarse, Jr. As Members Of The Board Of Port Commissioners (05-0875) |
A motion was made by Councilmember Chang, 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 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
Agency/Councilmember Chang made a motion, seconded by |
Agency/Councilmember Quan, to adopt as amended the resolution with the only |
appointment of Anthony Batarse Jr. , and hearing no objections, the motion |
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, |
Quan, Wan and President of the Council De La Fuente -7; Absent: |
Agency/Councilmember: Reid - 1 |
The following individual(s) spoke and did not indicate a position on this item: |
Resolution Number 79600 C.M.S. |
18
Subject: Housing, Residential Rent And Relocation Board - Appointment |
From: Office Of The Mayor |
Recommendation: Adopt A Resolution Appointing Ricardo Hunter As A Member Of The |
Housing, Residential Rent And Relocation Board (05-0874) |
This item was withdrawn with no new date.
S-19
Subject: First-Time Homebuyer Mortgage Assistance Program Modification |
From: Community And Economic Development Agenda |
Recommendation: Adopt A Resolution Authorizing Modification To The |
Repayment Terms For First-time Homebuyer Mortgage Assistance Program Loans Funded |
Prior To April 2001, To Reduce The City's Equity Share For Each Year The Borrower |
Occupies The Property (05-0749) |
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: 2 - Councilmember Nadel and Councilmember |
Reid |
ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember |
Kernighan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Brooks and Councilmember Chang |
AGENCY/COUNCILMEMBER REID NOTED ABSENT AT 9:04 P.M. |
AGENCY/COUNCILMEMBER NADEL NOTED ABSENT AT 9:04 P.M. |
Resolution Number 79601 C.M.S. |
S-20
Subject: Bordertown Skate Park - Agreement |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) Approve The Introduction (First Reading) Of An Ordinance Adding The Chapter 5 Of The |
Oakland Municipal Code, Entitled Business Licenses And Regulations, New Section 5.90.010 |
Through 5.90.040 (Or Other Appropriate Section Numbering) Relating To Regulation Of Skate |
Park Facilities (05-0842) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Kernighan, that this matter be Approved on Introduction for Final Passage |
to the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on December 6, 2005. 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: |
AGENCY/COUNCILMEMBER REID NOTED PRESENT AT 9:07 P.M. |
AGENCY/COUNCILMEMBER NADEL NOTED PRESENT AT 9:08 P.M. |
2) Approve The Introduction (First Reading) Of An Ordinance Authorizing A Sublease |
Agreement With Border Town Skate Park, Inc., For The Sole And Exclusive Purpose Of |
Operating A Skate Board Park Located Under State Highway 580 At The North Western End |
Of Louise Street, Oakland, For $100.00 For The Term Of The Lease, Plus Provision Of Regular |
Litter Cleanup Services For The State Department Of Transportation For A Term Of Thirty |
(30) Months, With An Option For One Thirty (30) Month Extension (05-0842-1) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Kernighan, that this matter be Approved on Introduction for Final Passage |
to the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on December 6, 2005. 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 |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
There being no further business, and upon the motion duly made, the |
Agency/Council adjourned at 8:45 P.M.. |
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