LEGISLATIVE TRACKING SOFTWARE, DAYSTAR COMPUTER SYSTEMS, INC., LEGISTAR (tm): legislative tracking & management software

City of Oakland

Office of the City Clerk

Oakland City Hall

1 Frank H. Ogawa Plaza

Oakland, California
94612

Ceda Floyd, City Clerk

Online Meeting Minutes - Final

Concurrent Meeting of the Oakland

Redevelopment Agency/City Council

Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612

City of Oakland Website: http://www.oaklandnet.com

Tuesday, January 20, 2004

6:00 PM

Oakland City Hall, 3rd Floor

A meeting of the Joint Oakland Redevelopment Agency and City Council was held on

the above date. Opening with the Pledge of Allegiance, the meeting was convened at 6:

18 p.m.



1		Pledge of Allegiance

Roll Call / ORA & Council

COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; Jean

Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang, At-Large,

and President Ignacio De La Fuente, Dist. 5

ORA\Councilmember Present:

Councilmember Nadel, Councilmember Brunner, Councilmember Wan,

Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor Chang


	The Roll Call was modified at 6:27 p.m. to note Councilmember Brooks present.

Open Forum / Citizens Comments

(Time Available: 15 minutes)

The following individuals spoke under Open Forum:

- Orna Sasson

- Monica Corona

- Gene Parshall

- Sanjiv Handa

Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item

from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting

as a non-consent item.


	There were no modifications to the Consent Calendar.

Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding

Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-

consent item. (Motion Maker must have voted on prevailing side)


	There was no action necessary on this item.

Requests from Councilmember(s) to schedule an Action Item considered by Committee but

not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as

a non-consent item.


	There was no action necessary on this item.

Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment

Agency/City Council held on January 6, 2004

A motion was made by Councilmember Nadel to *Approve the Minutes. The

motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang



	8. PRESENTATION OF CEREMONIAL MATTERS

8.1

Subject: Fifth Annual Oakland/San Leandro Job Fair

From: Councilmember Reid

Recommendation: A Presentation of Certificate of Appreciation to the

employers that participated in the Fifth Annual Oakland/San Leandro Job Fair

Attachments:

0026.pdf

At the January 15, 2004 Rules and Legislation Committee meeting, this item was

withdrawn and rescheduled to the February 3, 2004 City Council meeting.



	9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS

Councilmember Reid took a point of personal privilege and requested that the meeting

be adjourned in the memory of Robert McNear and Lena Young.

Councilmember Brunner took a point of personal privilege and requested that the meting

be adjourned in the memory of Jeannette Sherwin.

Councilmember Nadel took a point of personal privilege and requested that the meeting

be adjourned in the memory of Polly Brown and Jeannette Sherwin.

Councilmember Brooks took a point of personal privilege and requested that the

meeting be adjourned in the memory of Jeannette Sherwin.



	10. CONSENT CALENDAR (CC) ITEMS:

10.1CC

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

Attachments:

10.1CC.pdf,

78287 C.M.S..pdf


	Resolution Number 78287 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78287

10.2CC

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

Attachments:

10.2CC.pdf,

78288 C.M.S..pdf


	Resolution Number 78288 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78288

10.3CC

Subject: Benjamin Fay - Budget Advisory Committee

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Benjamin Fay as a member

and Chairperson of the Budget Advisory Committee

Attachments:

10.3CC.pdf,

78289 C.M.S..pdf

Resolution Number 78289 C.M.S.

The following individual spoke on Item 10.3 and did not indicate a position:

- Sanjiv Handa

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78289

10.4CC

Subject: Thomas H. Doctor - Budget Advisory Committee

From: Vice Mayor Chang

Recommendation: Adopt a Resolution appointing Thomas H. Doctor as a

member of the Budget Advisory Committee

Attachments:

10.4CC.pdf,

78290 C.M.S..pdf


	Resolution Number 78290 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78290

10.5CC

Subject: Robert A. Brown - Oakland-Alameda County Coliseum Authority

Board

From: President De La Fuente

Recommendation: Adopt a Resolution reappointing Robert A. Brown as a

member of the Oakland-Alameda County Coliseum Authority Board of

Commissioners

Attachments:

10.5CC.pdf,

78291.pdf


	Resolution Number 78291 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78291

10.6CC

Subject: Floyd Armbrester - 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 Floyd Armbrester, et al v. City of

Oakland, et al., United States District Court Case No. C 02 2102 JSW, our file

number 21977, in the amount of $13,500.00, This case involves use of

excessive force (Oakland Police Department-Alleged Civil Rights Violation)

Attachments:

10.6CC.pdf,

78292 C.M.S..pdf


	Resolution Number 78292 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78292

10.7CC

Subject: Jamalia Brown - 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 Jamalia Brown v. City of

Oakland, et al., United States District Court Case No. C 03 0526 JL, our file

number X01748, in the amount of $45,000.00, This case involves a claim of

false arrest (Oakland Police Department-Alleged Civil Rights Violation)

Attachments:

10.7CC.pdf,

78293 C.M.S..pdf

Resolution Number 78293 C.M.S.

The following individual spoke on Item 10.7 and did not indicate a position:

- Sanjiv Handa

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78293

10.8CC

Subject: BRASS Budgeting Software

From: Office of the City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend,

extend, and execute a contract with American Management Systems, Inc. for

the 2004 calendar year for an amount not to exceed $50,000 to perform

maintenance services and consultation related to the City's BRASS Budgeting

Software

Attachments:


	Resolution Number 78294 C.M.S.

A motion was made by Councilmember Wan that this matter be Adopted. The

motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78294

10.9CC

Subject: Urban Area Security Initiative Implementation

From: Office of the City Manager

Recommendation: Adopt a Resolution to grant the Interim City Manager the

authority for funding acceptance, appropriation and spending, and to award

contracts for the Fiscal Year 2003-2004 Urban Area Security Initiative Program

Attachments:


	Resolution Number 78295 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78295

10.10

Subject: Oakland Private Industry Council

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution amending Resolution Number 77297 C.

M.S. to authorize the deferral for one year of a competitive bidding process for

the Oakland Workforce Investment Board's One Stop Systems Administrator

and One Stop Career Center Operator, and authorize the City Manager to

renegotiate and extend the contract with the Oakland Private Industry Council

through Fiscal Year 2004-2005

Attachments:

Resolution Number 78296 C.M.S.

Contract Number 04-1648

The following individual spoke on Item 10.10 and did not indicate a position:

- Sanjiv Handa

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78296

10.11

Subject: Johanna Favrot Fund Historic Preservation Grant

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution requesting approval to apply for, accept

if awarded, and appropriate the Johanna Favrot Fund for Historic Preservation

Matching Fund Grant through the National Trust for Historic Preservation for an

award of between $2,500 and $10,000

Attachments:

10.11CC.pdf,

78297 C.M.S..pdf,

Item 7.pdf


	Resolution Number 78297 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78297

10.12

Subject: Woodminster Amphitheater

From: Office of Parks and Recreation

Recommendation: Adopt a Resolution authorizing the City Manager to execute

an agreement with Producers Associates, Inc. to provide musical theater at

Woodminster Amphitheater for a 5-year term beginning January 1, 2004 and

ending December 31, 2008

Attachments:

Resolution Number 78298 C.M.S.

Contract Number 04-1649

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78298

10.13

Subject: California Library Literacy and English Acquisition Services Program

From: Oakland Public Library

Recommendation: Adopt a Resolution authorizing the City Manager, on behalf

of the City of Oakland, to apply for, accept, and appropriate a grant in the

amount of $90,201 from the California Library Literacy and English Language

Acquisition Services Program for Fiscal Year 2003-2004

Attachments:


	Resolution Number 78299 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Brunner, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78299

10.14

Subject: Public Art Annual Plan

From: Cultural Arts and Marketing Department

Recommendation: Adopt a Resolution to adopt the Public Art Annual Plan for

Calendar Year 2004

Attachments:


	Resolution Number 78300 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78300

10.15

Subject: Ernest Jolly, Rick Moss, and Cherie Newell - Public Art Advisory

Committee

From: Cultural Arts and Marketing Department

Recommendation: Adopt a Resolution approving the appointment of Ernest

Jolly, Rick Moss, and Cherie Newell to the Cultural Affairs Commission's Public

Art Advisory Committee

Attachments:


	Resolution Number 78301 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78301

10.16

Subject: Parental Stress Service

From: Department of Human Services

Recommendation: Adopt a Resolution authorizing the City Manager, on behalf

of the City of Oakland, to negotiate and execute a one-year professional

service contract in an amount not to exceed $40,000 between the City and

Parental Stress Services, Inc. to provide mental health services to the Oakland

Head Start Program and authorizing the City Manager to execute a one-year

extension for an additional amount not to exceed

$40,000

Attachments:

Resolution Number 78302 C.M.S.

Contract Number 04-1650

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78302

10.17

Subject: Emergency Preparedness Audio/Visual Communication Equipment

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager to accept

and appropriate nineteen thousand two hundred seventeen dollars and ninety-

four cents ($19,217.94) from the Port of Oakland to the Police Department for

the purchase of emergency audio/visual communications equipment, hardware,

and related computer support

Attachments:

10.17CC.pdf,

78303 C.M.S..pdf,

Item 4.pdf


	Resolution Number 78303 C.M.S.

A motion was made by Councilmember Brunner, seconded by Councilmember

Wan, that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes:

8 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Vice Mayor

Chang

Enactment No: 78303



	COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:



11		Mayoral Address to the City Council regarding the "State of the City"

The following individuals spoke on Item 11 and did not indicate a position:

- Sanjiv Handa

- Donald Lacy

The following individual spoke on Item 11 and indicated a neutral position:

- Hugh Bassette


	Councilmember Brooks was noted excused at 7:20 p.m.

An oral report from the Agency Counsel / City Attorney of final decisions made during Closed

Session

The following individual spoke on Item 12 and did not indicate a position:

- Sanjiv Handa

There was one final decision made in Closed Session.

Item 2E: Harriett Waterfield v. City of Oakland

The Council authorized settlement in the amount of $40,000. Plaintiff alleged that she

tripped and fell due to a defective City sidewalk. Plaintiff suffered torn ligaments in her

left knee and a bone contusion. She also underwent knee surgery and 8 months of

physical therapy.

Motion made by Councilmember Brunner, seconded by Councilmember Reid, to

authorize settlement, and hearing no objections, all members present were recorded as

voting: Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Quan, Reid,

Wan and President of the Council De La Fuente - 8

Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember

Reid, to accept the oral report from the City Attorney on final decisions made during

Closed Session, and hearing no objections, all members present were recorded as

voting: Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Quan, Reid, Wan and

President of the Council De La Fuente - 7; Excused: Brooks -1

A motion was made by Councilmember Brunner, seconded by Councilmember

Reid, to *Approve as Submitted. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

12.1

A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the

Sunshine Ordinance

Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember

Quan, confirming that there were no discussions pursuant to Section 15 of the Sunshine

Ordinance, and hearing no objections, the motion passed by Ayes: Agency/

Councilmember: Brooks, Brunner, Chang, Nadel, Quan, Reid, Wan and President of the

Council De La Fuente -8



13		Reconsideration of Ordinances pursuant to Charter Section 216


	No action was necessary for this item.



	14. Consideration of items with statutory Public Hearing Requirements:

14.1

Subject: Underground Utility District No. 234: 48th Street - Public Hearing

From: Public Works Agency

Recommendation: Conduct a Public Hearing and upon conclusion adopt a

Resolution establishing Underground Utility District No. 234: 48th Street,

between Telegraph and Shattuck Avenues, to be funded under California

Public Utilities Commission (CPUC) Rule 20B and pursuant to Ordinance

number 7769 C.M.S.

Attachments:

14.1.pdf,

78304 C.M.S..pdf

Resolution Number 78304 C.M.S.

Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was opened at 7:31

p.m.

The following individuals spoke in favor of Item14.1:

- Roy Alper

- Patrick Zimski

Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember

Chang, to close the Public Hearing, and hearing no objections, the motion passed by

Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and

President of the Council De La Fuente -7; Excused: Brooks -1

A motion was made by Councilmember Brunner, seconded by Vice Mayor Chang,

that this matter be Adopted. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Enactment No: 78304

14.2

Subject: Tree Removal Appeal - 300 Elysian Fields Drive - Public Hearing

From: Office of Parks and Recreation

Recommendation: Conduct a continued Public Hearing and upon conclusion

adopt a Resolution denying the appeal filed by Stephanie Y. Gandolfi against

the decision of the Director of the Office of Parks and Recreation approving the

issuance of tree removal permit number DR03-123 at 300 Elysian Fields Drive;

District 7

Attachments:

04-0036.pdf,

14.2.pdf

Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was opened at 7:35

p.m.

The following individuals spoke in favor of Item 14.2:

- Rodger Shepherd

- Rene Gandolfi

- Stefanie Gandolfi

- Pamela Molsick

- Stephen Roberts

- Edward Patmont

Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember

Brunner, to close the Public Hearing, and hearing no objections, the motion passed by

Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and

President of the Council De La Fuente -7; Excused: Brooks -1

Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember

Brunner, to uphold the appeal. Upon further discussion, Councilmember Reid withdrew

his motion.

Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember

Brunner, to continue this item to the February 3, 2004 Council meeting in order to allow

time for staff, the neighbors, and the developer to meet and attempt to resolve the

outstanding issues, and hearing no objections, the motion passed by Ayes: Agency/

Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council

De La Fuente -7; Excused: Brooks -1


	Continued to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council

14.3

Subject: Creation of Special Assessment Districts - Public Hearing

From: Oakland Fire Department

Recommendation: Conduct a continued Public Hearing and upon conclusion

adopt a Resolution establishing the Oakland Wildfire Prevention Assessment

District; accepting and granting final approval of the engineer's report and

assessment district boundary map and description; making a determination with

regard to the majority protest procedure for approval of the assessments;

creating the district advisory board; and approving, adopting and levying the

annual assessment for the district (TITLE CHANGE)

Attachments:

Resolution Number 78305 C.M.S.

Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was opened at 8:15

p.m.

The following individual spoke in favor of Item 14.3:

- Barry Pilger

The following individual spoke on Item 14.3 and did not indicate a position:

- David Mix

Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember

Brunner, to close the Public Hearing, and hearing no objections, the motion passed by

Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and

President of the Council De La Fuente -7; Excused: Brooks -1

Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember

Brunner, to adopt the Resolution on Item 14.3, including the following staff

recommendations that the Council:

1) Accept and grant the final approval of the Engineer's Report and the Assessment

District Boundary Map, Assessment Roll, and Description;

2) Find that there has not been a majority protest and that all protests and objections,

both written and oral, are overruled and denied;

3) Adopt the findings stated in the Resolution;

4) Approve, adopt, and levy the annual assessment for the District as specified in the

Engineer's Report for 2004-2005 Assessment Year;

and hearing no objections, the motion passed by Ayes: Agency/Councilmember:

Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La Fuente -7;

Excused: Brooks -1

A motion was made by Councilmember Quan, seconded by Councilmember

Brunner, that this matter be Adopted. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Enactment No: 78305

14.4

Subject: Delinquent Business Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct a Public Hearing regarding the assessment of liens

for Delinquent Business Taxes and upon conclusion adopt one of the following

Resolutions:

Attachments:

14.4.pdf,

78306 C.M.S..pdf

Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was opened at 8:28

p.m.

The following individual spoke on Item 14.4 and did not indicate a position:

- Luis Adona

Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember

Reid, to close the Public Hearing, and hearing no objections, the motion passed by Ayes

: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan and President of

the Council De La Fuente -7; Excused: Brooks -1

Agency/Councilmember Wan made a motion, seconded by Agency/Councilmember

Reid, to adopt the Resolution accepting and confirming the reports of the Interim City

Manager regarding delinquent business taxes, and hearing no objections, the motion

passed by Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan

and President of the Council De La Fuente -7; Excused: Brooks -1

1) Adopt a Resolution accepting and confirming reports of the Interim City

Manager on the costs incurred by the City of Oakland for delinquent business

taxes and confirming the recordation of liens, administrative charges and

assessment charges as necessary - pursuant to Title 5, Chapter 5.04 of the

Oakland Municipal Code, and directing the notice of lien and assessment

charges to be turned over to the County for collection; or

Attachments:

14.4.pdf


	Resolution Number 78306 C.M.S.

A motion was made by Councilmember Wan, seconded by Councilmember Reid,

that this matter be Adopted. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Enactment No: 78306

2) Adopt a Resolution overruling protests and accepting and confirming

reports of the Interim City Manager on the delinquent business taxes, and

confirming the recordation of liens, administrative charges, and assessment

charges as necessary, pursuant to Title 5, Chapter 5.04 of the Oakland

Municipal Code, and directing the notice of lien and assessment charges to be

turned over to the County Tax Collector for collection; or

Attachments:

14.4.pdf


	Not Adopted

3) Adopt a Resolution continuing hearing on reports of the Interim City

Manager on the delinquent business taxes, and confirming the recordation of

liens, administrative charges and assessment charges, as necessary, pursuant

to Title 5, Chapter 5.04 of the Oakland Municipal Code

Attachments:

04-0022.pdf,

14.4.pdf


	Not Adopted



	ACTION ON NON-CONSENT ITEMS:

Subject: City Owned Surplus Property

From: Community & Economic Development Agency

Recommendation: Approve the Introduction (First Reading) of an Ordinance

authorizing the City Manager to enter into purchase and sale agreements for

the sale of City owned surplus property from the negotiated sale to the

following highest bidders: (APN 045-5304-057-02, 056 for $150,000) 98th and

RJ Investments, LLC; and (APN 048d-7303-067 for $50,000 & APN 048d-7303-

068 for $50,000) Wayne Huey

Attachments:

Staff advised that the Ordinance title would be revised to reflect the legal name of the

purchasing entity as R.J. Limited, LLC.

A motion was made by Councilmember Reid, seconded by Councilmember Wan,

that this matter be Approve as Amended on Introduction for Final Passage to the

Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due

back on February 3, 2004. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

15.1

Subject: City Owned Surplus Property - Impartial Financial Analysis

From: Office of the City Auditor

Attachments:

15.1.pdf

A motion was made by Councilmember Reid, seconded by Councilmember Wan,

that this matter be *Received and Filed. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Subject: City Council Rules and Procedures

From: City Council Legislative Analyst and Office of the City Attorney

Recommendation: Approve Recommendations regarding modifications to the

City Council's meeting schedule and Rules of Procedure; and adopt a

Resolution (1) repealing Resolution numbers 75563 and 76561 C.M.S., ("

Repealed Resolutions") which established and amended the City Council's

Rules of Procedure for the conduct of Council Meetings and code of ethics, and

(2) establishing new rules of procedure for the conduct of City Council

meetings, including but not limited to changes to (i) the order of business of

Council meetings, (ii) committee and council procedures, (iii) powers of the

Rules Committee, (iv) dates, times and frequency of regular Council and

Committee meetings, and (v) procedures and time limits for public speakers,

that were provided under the repealed resolutions.

Attachments:

16.pdf,

78307 C.M.S..pdf,

Item 9 12-9-03.pdf,

Item 9 SUP 12-11-03.pdf

Resolution Number 78307 C.M.S.

The following individual spoke on this item and indicated a neutral position:

-Hugh Bassette

Agency/Councilmember Quan made a motion, seconded by Agency/Councilmember

Reid, to adopt the resolution on Item 16 noting the following modifications to the

Council's meeting schedule and Rules of Procedure:

1) New regularly scheduled meeting time for Public Works Committee will be 12:30 p.m.

to 2:00 p.m.;

2) New regularly scheduled meeting time for Finance and Management Committee will

be 2:00 p.m. to 4:00 p.m.;

3) Chairs for each Committee to work with appropriate staff to make any necessary

changes for meetings cancelled due to holidays and/or cancellations;

4) Do not cancel meetings for pre-approved holidays, e.g. for the July 4th holiday, do not

cancel meetings on July 6th.

5) Use the 5th Tuesday of the month for City Council workshop dates which are to be

scheduled for 1 1/2 to 2 hours and should be devoted only to specific action items;

6) Revise speaker card deadline to 8:00 p.m.;

7) Move the City Attorney's Oral Report from Closed Session from the non-consent to

the consent portion of the agenda;

8) Modify the existing Rules of Procedure to allow for reconsideration of votes in

accordance with Roberts Rules of Order (at the same meeting the initial votes were cast

Councilmember Brunner offered a friendly amendment, which was accepted, to provide

the following direction:

1) That the 5th Tuesday of the month be considered for scheduling Committee meetings

in order to address "left over" Committee items;

2) That staff develop an agenda packet procedure that more clearly identifies new or

revised information being forwarded to Council from Committee; the actual Committee

motion, if amended; and items that have never been before a Committee;

and upon a call of the roll, the motion passed by Ayes: Agency/Councilmember:

Brunner, Chang, Reid, Quan, Wan and President of the Council De La Fuente -6; Noes:

Nadel -1; Excused: Brooks -1

A motion was made by Councilmember Quan, seconded by Councilmember Reid,

that this matter be Approved. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks



ORA\Councilmember Nos:	1 -	Councilmember Nadel

ORA\Councilmember Ayes:

6 -

Councilmember Brunner, Councilmember Wan, Councilmember

Quan, President of the Council De La Fuente, Councilmember Reid

and Vice Mayor Chang

Enactment No: 78307

Subject: Central City East Redevelopment Project Area Committee

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution amending the formation procedures for

the Central City East Redevelopment Project Area Committee to increase the

number of community organization representatives from 12 to 16 organizations,

and to designate the Central East Oakland Community Development District

Board, the Elmhurst Community Development District Board, the Eastlake/San

Antonio/Chinatown Community Development District Board, and the Melrose

High Hopes Neighborhood Crime Prevention Council as additional community

organizations

Attachments:

002178-2.pdf,

17.pdf,

78308 C.M.S..pdf


	Resolution Number 78308 C.M.S.

A motion was made by Councilmember Reid, seconded by Councilmember Quan,

that this matter be Adopted. The motion carried by the following vote:



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Enactment No: 78308

Subject: Bertha Port Park

From: Finance and Management Agency

Recommendation: Adopt a Resolution authorizing the City Manager to enter

into an agreement with Trust for Public Land to accept a gift-in-place of design

and construction services and equipment and materials valued at $350,000 for

improvements to Bertha Port Park

Attachments:

Resolution Number 78309 C.M.S.

The following individuals spoke in favor of Item 18:

- Bill Steele

- Jennie Gerard

- Melissa Kellogg

- Marilyn Reynolds

Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember

Reid, to adopt the resolution as amended to reflect that Councilmember Nadel and

President De La Fuente would each contribute $5,000 from their PAGO funds to cover

the $10,000 development and construction charges, and hearing no objections, the

motion passed by Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan,

Wan and President of the Council De La Fuente -7, Excused: Brooks-1

A motion was made by Councilmember Nadel, seconded by Councilmember Reid,

that this matter be Adopted as Amended. The motion carried by the following vote



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Enactment No: 78309

Subject: Permit, Enforcement, and Records Tracking System (PERTS)

From: Community and Economic Development Agency

Recommendation: Adopt the following legislation regarding the purchase and

installation of computer hardware and software and professional services for an

integrated Permit, Enforcement, and Records Tracking System (PERTS) for a

total amount not to exceed four million dollars ($4,000,000):

(1) Adopt a Resolution authorizing the City Manager to negotiate and execute a

contract with Municipal Software Corporation for professional services to

provide, install, and license computer software for an integrated Permit,

Enforcement, and Records Tracking System (PERTS) in an amount not to

exceed seven hundred eighty thousand dollars ($780,000)

Attachments:

78310 C.M.S..pdf,

Item 12 12-9-03.pdf,

Item 5 - 01.13.04.pdf,

S -19.pdf

Resolution Number 78310 C.M.S.

Contract Number 04-1654

The following individual spoke on Item 19 and did not indicate a position:

- Sanjiv Handa

Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember

Wan, to adopt the resolution as amended to include the following language approved by

the January 13, 2004 Finance and Managment Committee: Payment will not be made

at 5th month, if the interface module fails.", and hearing no objections, the motion

passed by Ayes: Agency/Councilmember: Brunner, Chang, Nadel, Reid, Quan, Wan

and President of the Council De La Fuente -7; Excused, Brooks-1

A motion was made by Councilmember Reid, seconded by Councilmember Wan,

that this matter be Adopted as Amended. The motion carried by the following vote



ORA\Councilmember Excused:	1 -	Councilmember Brooks

ORA\Councilmember Ayes:

7 -

Councilmember Nadel, Councilmember Brunner, Councilmember

Wan, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Vice Mayor Chang

Enactment No: 78310

(2) Adopt a Resolution authorizing the City Manager to negotiate and execute a

contract with Xerox Global Services Corporation for professional services to

provide, install, and license computer software and hardware for an integrated

Permit, Enforcement, and Records Tracking System (PERTS) in an amount not

to exceed two million eight hundred twenty thousand dollars ($2,820,000)

Attachments:

78311 C.M.S..pdf,

Item 12 12-9-03.pdf,

Item 5 - 01.13.04.pdf,

S -19.pdf

Resolution Number 78311 C.M.S.

Contract Number 04-1655