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, November 16, 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 6:13 p.m.. |
1
Pledge of Allegiance
2
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 Excused: 1 - Councilmember Brooks |
ORA\Councilmember Present: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Reid and Councilmember Chang |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
The following indviduals 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. |
No action was 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) |
No action was 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. |
No action was necessary for this item.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on the October 19, 2004 |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, 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 Councilmember Chang |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Friends of Mandela Parkway |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution recognizing the newly formed "Friends of Mandela |
Parkway" Organization (04-0881) |
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 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 Councilmember Chang |
Resolution Number 78931 C.M.S.
8.2
Subject: Chief Richard L. Word - Service Recognition |
Recommendation: Adopt a Resolution honoring Chief Richard L. Word for his 20 years of |
dedication and service to the City of Oakland (04-0860) |
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 Councilmember Chang |
Resolution Number 78876 C.M.S. |
The following individual spoke on this item and did not indicate a position: |
8.3
Subject: Afterschool Initiative of 2004 |
Recommendation: Adopt a Resolution honoring the Oakland Fund for Children and Youth |
Staff and Board Members of the Planning and Oversight Committee for their outstanding work |
on the Afterschool Initiative of 2004 (04-0855) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 78877 C.M.S.
8.4
Subject: Joseph T. Yew - Service Recognition |
Recommendation: Adopt a Resolution honoring Joseph T. Yew, Jr. for five years of |
outstanding service to the City of Oakland (04-0857) |
A motion was made by Councilmember Wan, seconded by President of the |
Council De La Fuente, 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 Councilmember Chang |
Resolution Number 78878 C.M.S.
8.5
Subject: 2004 "Phoenix Award" Recipients |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution commending East Bay Habitat for Humanity, the |
Environmental Services Division of Oakland's Public Works Agency, and the Housing |
Development Division of Oakland's Community and Economic Devleopment Agency for |
earning the Prestigous 2004 "Phoenix Award" by successfully developing a "Brownfield" site |
and revitalizing an Oakland Neighborhood (04-0845) |
A motion was made by Councilmember Reid, seconded by President of the |
Council De La Fuente, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 78879 C.M.S.
8.6
Subject: International Education Week - November 15 - 19, 2004 |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution declaring the week of November 15-19, 2004 as |
International Education Week in the City of Oakland (04-0896) |
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 Councilmember Chang |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
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 (04-0884) |
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 Councilmember Chang |
Resolution Number 78881 C.M.S. |
The following individual spoke on the following item and did not indicate a |
position: |
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 (04-0885) |
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 Councilmember Chang |
Resolution Number 78882 C.M.S. |
The following individuals spoke on this item and did not indicate a position: |
10.3CC
Subject: Robert and Shelagh Brodersen - 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 Robert and Shelagh Brodersen, in the amount of $54,457.41, |
as a result of property damages sustained when a blocked city storm drain caused a landslide on |
their property (Public Works Agency) (04-0886) |
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 Councilmember Chang |
Resolution Number 78883 C.M.S.
10.4CC
Subject: Jane Roberts - 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 Jane Roberts v. City of Oakland, et al., Alameda County |
Superior Court, no. WG03108953, in the amount of $15,000.00 for property and economic |
damages resulting from a defective sewer main (Public Works Agency) (04-0887) |
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 Councilmember Chang |
Resolution Number 78884 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
10.5CC
Subject: Craige R. Davis - 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 Craige R. Davis, in the amount of thirteen thousand seven |
hundred dollars and no cents ($13,700.00), as a result of property damage sustained as a result |
of tree roots from a City Tree (Public Works Agency) (04-0888) |
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 Councilmember Chang |
Resolution Number 78885 C.M.S.
10.6CC
Subject: Robert Girard - 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 Robert Girard v. City of Oakland, et al., Alameda County |
Superior Court case no. RG03095102, our file no. 22904, in the amount of $10,000.00 |
(Oakland Police Department) (04-0889) |
A motion was made, 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 Councilmember Chang |
Resolution Number 78886 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
10.7CC
Subject: Lea D. Rubio - 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 Lea D. Rubio v. City of Oakland, et al., Alameda County |
Superior Court case no. 2002-077021, our file no. 22599, in the amount of $85,000.00. This |
case involves a slip and fall accident on an upraised portion of sidewalk. (Public Works |
Agency) (04-0890) |
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 Councilmember Chang |
Resolution Number 78887 C.M.S.
10.8CC
Subject: Tamara Zeltzer - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution ratifying the City Administrator's approval of settlement |
and authorizing and directing the City Attorney to compromise and settle the case of Tamara |
Zeltser DBA Medallion Jewelry & Loan v. City Of Oakland, et al., United States District Court |
case no. C 94-2756 WDB, in the amount of $30,000.00 for alleged due process violations |
arising from seizures of property (Oakland Police Department) (04-0891) |
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 Councilmember Chang |
Resolution Number 78888 C.M.S.
10.9CC
Subject: Renaming a portion of Broadway |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution renaming "Broadway" between 5th Street and 6th Street |
and under I-580 to "Broadway Auto Row" (04-0808) |
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 Councilmember Chang |
Resolution Number 78889 C.M.S.
10.10CC
Subject: Piedmont Hills Underground Assessment District |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution of the City Council of the City of Oakland granting |
consent to the City of Piedmont to conduct proposed special assessment proceedings for |
proposed Piedmont Hills Underground Assessment District (04-0812) |
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 Councilmember Chang |
Resolution Number 78890 C.M.S.
10.11CC
Subject: Capital Improvement Program |
From: Office of the City Administrator |
Recommendation: Action on a Report on the Fiscal Year 2003-2008 Capital Improvement |
Program, though June 30, 2004 (04-0759) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
10.12CC
Subject: City Auditor's Quarterly Report |
From: Office of the City Auditor |
Recommendation: Action on a Report on the City Auditor's Quarterly Report on the Status of |
Recommendations for the Quarter ended September 30, 2003 (04-0751) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
10.13CC
Subject: Clay Street Garage - Performance Audit of the Lease Agreement |
From: Office of the City Auditor |
Recommendation: Action on the Report regarding the Performance Audit of the lease |
agreement between the City of Oakland and the City of Oakland-Clay Street Garage |
Corporation regarding the operations of the Clay Street Garage (04-0777) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.14CC
Subject: City of Oakland Investment Policy |
From: Finance and Management Agency |
Recommendation: Action on a Report on the implementation of the City's Investment policy |
preference for socially responsible investments (04-0852) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
10.15CC
Subject: Environmental Clean Up of Willow Park |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) Adopt an Agency Resolution authorizing the Agency Administrator to apply for and accept a |
loan for up to $200,000 from the Environmental Protection Agency, appropriate the funds and |
contribute the funds to the City under the cooperation agreement, for the Environmental Clean |
up of Willow Park; and (04-0736) |
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 Councilmember Chang |
ORA Resolution Number 2004-36 C.M.S. |
2) Adopt a Resolution authorizing the City to accept and appropriate up to $200,000 in |
Redevelopment Agency Funds under the cooperation agreement, for the Environmental Clean |
up of Willow Park (04-0736-1) |
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 Councilmember Chang |
Resolution Number 78891 C.M.S. |
10.16CC
Subject: Subsidized Funds Serving Low Income Tenants |
From: Community and Economic Development Agency |
Recommendation: Action on a Report from the Community and Economic Development |
Agency regarding the number of buildings developed with subsidized funds serving low income |
tenants scheduled to convert to market rate, the dates scheduled for conversion and steps to |
mitigate the impacts of conversion to low income tenants (04-0732) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
10.17CC
Subject: Infill Opportunity Zone |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution to identify a Caltrans-owned vacant parcel (APN 004 |
0051 018 00), within the West Oakland Redevelopment Area/ West Oakland Transit Village |
area, as an "Infill Opportunity Zone", consistent with current general plan and zoning, in order |
to expedite the acquisition and development of this site in residential/mixed use development |
(04-0790) |
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 Councilmember Chang |
Resolution Number 78892 C.M.S. |
10.18CC
Subject: Tobacco Control Enforcement |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate grant funds in an amount not to exceed fifteen thousand dollars ($15,000) from the |
Alameda County Public Health Department, Tobacco Control Program for a three-month |
Tobacco Control Enforcement Project within the Police Department and authorizing the |
Department to enter into a contract for services with the Alameda County Public Health |
Department for implementation of this initiative (04-0828) |
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 Councilmember Chang |
Resolution Number 78893 C.M.S.
10.19CC
Subject: "Secure Our Schools" Initiative |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate grant funds in an amount not to exceed fifty thousand dollars ($50,000) from the |
U.S. Department of Justice, Office of Community Oriented Policing Services (DOJ/COPS) for |
continued implementation of the Police Department's "Secure Our Schools" Initiative |
(04-0834) |
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 Councilmember Chang |
Resolution Number 78894 C.M.S.
10.20CC
Subject: Gang Resistance Education and Training Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate grant funds in the amount of 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 the continued implementation of the Gang Resistance Education and Training |
(GREAT) Program (04-0846) |
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 Councilmember Chang |
Resolution Number 78895 C.M.S.
10.21CC
Subject: Keep Oakland Beautiful |
From: Public Works Agency |
Recommendation: Adopt a Resolution recognizing the activities of Keep Oakland Beautiful |
and its advisory board members (04-0877) |
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 Councilmember Chang |
Resolution Number 78896 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
10.22CC
Subject: Kaiser Aluminum and Chemical Corporation v. City of Oakland |
From: Office of the City Attorney |
Recommendation: Receive a report regarding the decision by California Court of Appeal in |
Kaiser Aluminum and Chemical Corporation v. City of Oakland, upholding constitutionality of |
the City's Business Tax on landlords (04-0894) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
S-10.23CC
Subject: Camron-Stanford House |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to reject all bids for |
the Camron-Stanford house restoration, waive the competitive bid process, and negotiate and |
award a contract for a not to exceed amount of one hundred seventy five thousand dollars |
($175,000) without return to Council (Project No. C198910) (04-0809) |
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 Councilmember Chang |
Resolution Number 78897 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
S-10.24CC
Subject: Pavement Management Technical Assistance Program |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing an application to the Metropolitan |
Transportation Commission for up to $25,000 in consulting services through the Pavement |
Management Technical Assistance Program and payment of local matching funds in the |
amount of $2,867.50 from Measure B Funds (04-0861) |
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 Councilmember Chang |
Resolution Number 78898 C.M.S.
S-10.25CC
Subject: State EZ Program |
From: Community and Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance to amend |
Ordinance Number 12611 C.M.S. (Master Fee Schedule) to increase the $30 Enterprise Zone |
Processing fee by $10 to $40 (04-0741) |
Approved on Introduction for Final Passage to Concurrent Meeting of the |
Oakland Redevelopment Agency / City Council on 12/7/2004 |
S-10.26CC
Subject: Award a Contract - Francisco & Associates |
From: City Administrator's Budget Office |
Recommendation: Adopt a Resolution authorizing the City Administrator to renew and execute |
a contract with Francisco & Associates for a two-year amount not to exceed $122,000 to |
perform District Engineering Services for the Landscaping and Lighting Assessment District, |
the Wildfire Prevention Assessment District, the Emergency Services Retention Act of 1997 |
(Measure M), the Paramedic Services Act of 1997 (Measure N), the Library Services Retention |
and Enhancement Act of 2004 (Measure Q), and the Rockridge Library Community Facilities |
District of 1992 for Fiscal Years 2005-2006 and 2006-2007 (04-0829) |
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 Councilmember Chang |
Resolution Number 78899 C.M.S. |
S-10.27CC
Subject: Fruitvale Business Improvement Management District Advisiory Board |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution approving and confirming the Annual Report of the |
Fruitvale Business Improvement Management District Advisiory Board and the continuing |
annual assessment for the Fruitvale Business Improvement Management District for Fiscal |
Year 2004 - 2005 (04-0847) |
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 Councilmember Chang |
Resolution Number 78900 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
S-10.28CC
Subject: Senior Resident Needs Assessment and Comprehensive Plan |
From: Department of Human Services |
Recommendation: Action on a Report and Recommendations for the 2003-2004 Senior |
Resident Needs Assessment and Comprehensive Plan (04-0285) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, 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 Councilmember Chang |
S-10.29CC
Subject: Cultural Affairs Commission's Pubic Art Advisory Cmte - Appointment |
From: Cultural Arts and Marketing |
Recommendation: Adopt a Resolution approving the appointment of Carole Jeung and Deborah |
Lozier to the Cultural Affairs Commission's Public Art Advisory Committee (04-0836) |
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 Councilmember Chang |
Resoluion Number 78901 C.M.S.
S-10.30CC
Subject: Medi-cal Administrative Activities Program |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate an estimated $150,000 reimbursement for Fiscal Year 2002-2003 from the Federal |
Medi-cal Administrative Activities (MAA) Program for activities related to the Medi-cal |
population and to accept and appropriate a similar amount for subsequent program years for the |
life of the Federal MAA Program without returning to Council each year (04-0773) |
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 Councilmember Chang |
Resolution Number 78902 C.M.S.
S-10.31CC
Subject: Public Art Services Contracts |
From: Cultural Arts and Marketing |
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate and |
execute cultural services contracts with seven Oakland-Based individual artists and nonprofit |
organizations providing public art services in Oakland in a total amount not to exceed |
($73,517) (04-0838) |
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 Councilmember Chang |
Resolution Number 78093 C.M.S |
S-10.32CC
Subject: Mandela Gateway Public Artwork - Robert Ellison |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution authorizing a professional services agreement between |
the City of Oakland and Robert Ellison in an amount not to exceed forty three thousand dollars |
($43,000) for the creation of public artwork for Mandela Gateway (04-0867) |
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 Councilmember Chang |
Resolution Number 78904 C.M.S. |
S-10.33CC
Subject: Metropolitan Medical Response System |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate five hundred thousand dollars ($500,000.00) from the U.S. Department of |
Homeland Security/FEMA - Metropolitan Medical Response System (MMRS) to fund the |
Oakland Fire Department MMRS Program and Enhance Integrated, Systematic Mass Casualty |
Preparedness, with primary focus on terrorist events involving radiological, nuclear, chemical, |
biological, or explosive agents (04-0864) |
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 Councilmember Chang |
Resolution Number 78905 C.M.S.
S-10.34CC
Subject: Emergency Response Services for Oakland |
From: Oakland Fire Department |
Recommendation; Adopt a Resolution authorizing the City Administrator to: 1) accept and |
appropriate a payment of two hundred and eighty thousand dollars ($280,000.00) from the U.S. |
Department of Homeland Security/FEMA - Metropolitan Medical Response System (MMRS) |
to pay for emergency response coordination services by the Oakland Fire Department MMRS |
Program, and, 2) enter into a contract with the U.S. Department of Homeland Security/FEMA |
MMRS to provide emergency response services in Oakland and surrounding jurisdictions for a |
period of one (1) year (04-0865) |
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 Councilmember Chang |
Resolution Number 78906 C.M.S. |
S-10.35CC
Subject: Oakland's Elementary Schools - Critical Incident Response Plan |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
professional services agreement with and accept and appropriate a maximum of thirteen |
thousand eight hundred and seventy-seven dollars ($13,877) from the Oakland Unified School |
District (OUSD), for use by the Police Department, to cover the overtime costs of a Sergeant of |
Police to prepare and implement a Critical Incident Response Plan for Oakland's Elementary |
Schools for the period of July 1, 2004 through June 30, 2005 (04-0862) |
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 Councilmember Chang |
Resolution Number 78907 C.M.S. |
S-10.36CC
Subject: Pathways to Change Juvenile Repeat Offender Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
funding agreement between the City of Oakland and the East Bay Community Foundation (Safe |
Passages) in an amount not to exceed two hundred thousand dollars ($200,000) for the period |
of July 1, 2004 through June 30, 2005 for services associated with the "Pathways to Change" |
Juvenile Repeat Offender Program (04-0863) |
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 Councilmember Chang |
Resolution Number 78908 C.M.S. |
S-10.37CC
Subject: 2004 Forensic Casework DNA Backlog Reduction Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate grant funds in the amount of ninety-eight thousand three hundred and forty-four |
dollars ($98,344) from the U.S. Department of Justice, National Institute of Justice |
(USDOJ/NIJ) for the 2004 Forensic Casework DNA Backlog Reduction Program (04-0868) |
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 Councilmember Chang |
Resolution Number 78909
S-10.38CC
Subject: 2004 DNA Capacity Enhancement Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator the accept and |
appropriate grant funds in the amount of eighty-two thousand seven hundred and twenty-seven |
dollars ($82,727) from the U.S. Department of Justice, National Institute of Justice |
(USDOJ/NIJ) for the 2004 DNA Capacity Enhancement Program (04-0869) |
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 Councilmember Chang |
Resolution Number 78910 C.M.S.
S-10.39CC
Subject: Food and Food Service Management |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services agreement between |
the City of Oakland and Compass Group, USA, by and through its Canteen Correctional |
Services Division, in an amount not to exceed three hundred twenty-nine thousand eight |
hundred fifty dollars ($329,850) in Fiscal Year 2004-2005 for the provision of food and food |
service management for the City of Oakland Jail for the period of October 1, 2004 through |
September 30, 2005 (04-0876) |
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 Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
11
Adopted
Please refer to the attached Closed Session Report Out Form. |
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 to the |
Sunshine Ordinance |
Agency/Councilmember Quan 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: Brunner, Chang, Nadel, |
Reid, Quan, Wan and President of the Council De La Fuente -7, Excused - |
Brooks - 1 |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
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 Number 236S - Public Hearing |
From: Public Works Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution of |
Intention to establish Underground Utility District Number 236S for developed subdivisions |
with completed underground utility service at Ariane Court, a segment of Diablo Drive, |
Bishops Court, Observation Place, Skyline Circle and a segment of Redwood Road, pursuant to |
Ordinance Number 7769 C.M.S. (Councilmember Brooks, District 6) (04-0621) |
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 Councilmember Chang |
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
opened 8:00 p.m. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Wan , to close the Public Hearing, 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 |
14.2
Subject: Rockridge Business Improvement District Advisory Board - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution of |
Intention to levy an Annual Assessment for Fiscal Year 2005 - 2006 for the Rockridge Business |
Improvement District, approving the Annual Report of the Rockridge Business Improvement |
District Advisory Board (Councilmember Brunner, District 1) (04-0737) |
A motion was made by Councilmember Brunner, 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 Councilmember Chang |
Resolution Number 78913 C.M.S. |
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
opened 8:01 p.m. |
Agency/Councilmember Brunner 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 |
14.3
Subject: Montclair Business Improvement District Advisory Board - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution of |
Intention to levy an Annual Assessment for Fiscal Year 2005 - 2006 for the Montclair Business |
Improvement District, approving the Annual Report of the Montclair Business Improvement |
District Advisory Board (Councilmember Quan, District 4) (04-0738) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 78914 C.M.S. |
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was |
opened 8:02 p.m. |
Agency/Councilmember Quan 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 |
14.4
Subject: Property Interests at Various Locations - Public Hearing |
From: Redevelopment Agency, Real Estate Division |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following pieces of |
legislation: 1) An Agency Resolution of Necessity declaring certain property interests at 565 |
Thomas Berkley Way (20th Street), Oakland, Ca 94612, (Assessor Parcel Number : |
008-0644-038-00), necessary for public purposes and authorizing Agency Counsel to initiate |
condemnation proceedings for the acquisition of said property (04-0762) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Excused: 1 - Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente and Councilmember Chang |
ORA Resolution Numer 2004-57 C.M.S. |
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was |
opened 8:03 p.m. |
Agency/Councilmember Wan made a motion, seconded by |
Agency/Councilmember Nadel, 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 |
The following individual(s) spoke against this item: |
The following individual(s) spoke in favor of this item: |
2) An Agency Resolution of Necessity declaring certain property interests at 571 Thomas |
Berkley Way (20th Street), Oakland, Ca 94612, (Assessor Parcel Numbers: 008-0644-036-00, |
008-0644-037-00), necessary for public purposes and authorizing Agency Counsel to initiate |
condemnation proceedings for the acquisition of said property (04-0762-1) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Excused: 1 - Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente and Councilmember Chang |
ORA Resolution Number 2004-58 C.M.S.
3) An Agency Resolution of Necessity declaring certain property interests at 1972 San Pablo |
Avenue, Oakland, Ca 94612, (Assessor Parcel Number: 008-0644-023-00), necessary for public |
purposes and authorizing Agency Counsel to initiate condemnation proceedings for the |
acquisition of said property (04-0762-2) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Nadel, 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 Councilmember Chang |
ORA Resolution Number 2004-59 C.M.S.
4) An Agency Resolution of Necessity declaring certain property interests at 490 Thomas |
Berkley Way (20th Street) Oakland, Ca 94612, (Assessor Parcel Number: 008-0649-009-00), |
and 2000-2016 Telegraph Avenue, Oakland, Ca 94612, (Assessor Parcel Number: |
008-0649-010-00), necessary for public purposes and authorizing Agency Counsel to initiate |
condemnation proceedings for the acquisition of said property (04-0762-3) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Excused: 2 - Councilmember Brooks and |
Councilmember Reid |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente and Councilmember Chang |
ORA Resolution Number 2004-60 C.M.S.
5) An Agency Resolution of Necessity declaring certain outdoor advertising billboard leasehold |
interests owned by Viacom Outdoor Inc., known as lease Number 258 covering face Number |
1774 and 1250 at 2016 Telegraph Avenue, Oakland CA 94612, face number 2662 at 490 |
Thomas Berkley Way, Oakland CA 94612, and face number 4173 at Fox Theater, 1815 San |
Pablo Avenue, Oakland CA 94612; lease number 1348 covering face numbers 4172 and 4177 |
at 1998 San Pablo Avenue, Oakland CA 94612; and lease number 209 covering face number |
1742 and 1100 at 593 Thomas Berkley Way, Oakland CA 94612; necessary for public purposes |
and authorizing agency council to initiate condemnation proceedings for the acquisition of said |
property (04-0762-4) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Excused: 1 - Councilmember Brooks |
ORA\Councilmember Noes: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente and Councilmember Chang |
ORA Resolution Number 2004-61 C.M.S.
14.5
Subject: Amendment to the Oakland Municipal Code - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion approve the Introduction |
(First Reading) of an Ordinance to amend the Oakland Planning Code to rezone approximately |
423 parcels, comprising approximately 121 acres of land, in an area generally bounded by |
Joaquin Miller Road and Park to the north, Holy Names College and Highway 13 to the south |
and west, and Crestmont Drive to the east, and commonly referred to as Butters Canyon |
Neighborhood, from the R-30 one-family residential zone to the R-20 low density residential |
zone (Councilmember Quan, District 4) (04-0758) |
Approve as Amended on Introduction for Final Passage to Concurrent |
Meeting of the Oakland Redevelopment Agency / City Council on |
12/7/2004 |
Upon the reading of Item 14.5 by the City Clerk, the Public Hearing was |
opened 9:20 p.m. |
Agency/Councilmember Quan 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 |
The following individual(s) spoke in favor of this item: |
- William Henrikson Morris |
14.6
Subject: General Plan Amendment (Safety Element) 10900 Edes Ave - Public Hearing |
From: Community And Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
legislation: 1) Resolution (A) approving a negative declaration and adopting the safety element, |
an element of the general plan (GPA 04-04188); and (B) approving a mitigated negative |
declaration and amending the General Plan Land Use Designation of 10900 Edes Avenue from |
"Business Mix" to "Housing and Business Mix" (GPA 03-023) (04-0761) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Excused: 1 - Councilmember Brooks |
ORA\Councilmember Absent: 1 - Councilmember Quan |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
Resolution Number 78915 C.M.S. |
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
opened 9:22 p.m. |
Agency/Councilmember Quan 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, Wan and President of the Council De La Fuente -6, |
Excused - Brooks - 1, Quan - Absent -1 |
2) Approve the Introduction (First Reading) of an Ordinance rezoning 10900 Edes Avenue, |
from the M-20, Light Industrial Zone to the R-40, Garden Apartment Residential Zone |
(04-0761-1) |
A motion was made by Councilmember Quan, 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 7, 2004. The motion carried |
by the following vote: |
ORA\Councilmember Excused: 1 - Councilmember Brooks |
ORA\Councilmember Absent: 1 - Councilmember Quan |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Citywide Performance Results |
From: Office of the City Administrator |
Recommendation: Action on a Report for Council review and consideration on Fiscal Year |
2003-2004 Citywide Performance Results (04-0750) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brunner, 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 Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
15.1
Subject: Oakland Fund for Children and Youth - Request for Proposals |
From: Department of Human Services |
Recommendation: Action on a Report and request for approval of the Fiscal Year 2005-2006 |
Request for Proposals for the Oakland Fund for Children and Youth (04-0756) |
A motion was made by Councilmember Nadel, 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 Councilmember Chang |
15.2
Subject: Oakland Fund for Children and Youth - Evaluation Report |
From: Department of Human Services |
Recommendation: Adopt a Resolution regarding the Oakland Fund for Children and Youth |
Final Evaluation Report for Fiscal Year 2003-2004 (04-0757) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Wan, 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 Councilmember Chang |
Resolution Number 78916 C.M.S.
15.3
Subject: Oakland Fund for Children and Youth Strategic Plan |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate and |
execute an agreement with Gibson and Associates for the period of November 17, 2004 through |
November 16, 2005, in an amount not to exceed $124,778 for professional services to develop |
the Oakland Fund for Children and Youth third Strategic Plan (2006-2010) (04-0789) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Wan, 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 Councilmember Chang |
Resolution Number 78917 C.M.S. |
16
Subject: Free Holiday Parking and Anticipated Parking Revenues |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) A Resolution authorizing free parking at certain City-owned parking garages during the 2004 |
Holiday season; and (04-0733) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Nadel, 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 Councilmember Chang |
Resolution Number 78918 C.M.S. |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke and did not indicate a position on this item: |
2) A Resolution authorizing budgeting and appropriation of anticipated parking meter and |
enforcement revenue funds for additional Shop Oakland marketing and merchant organizing |
activities in Fiscal Year 2004-2005 and authorizing a sole source contract with the Oakland |
Merchants Leadership Forum in an amount not to exceed $155,000 for marketing and merchant |
organizing services in Fiscal Year 2004-2005 (TITLE CHANGE) (04-0733-1) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Wan, 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 Councilmember Chang |
Resoluton NUmber 78919 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
17
Subject: Community Development Block Grant (CDBG) Program Funding |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution to amend Resolution No. 78588 C.M.S. to 1) change the |
Community Development Block Grant (CDBG) proposal funding process so that Community |
Development (CD) District Boards will review proposals and make funding recommendations |
only for programs funded with CDBG district allocations, with the option of funding projects |
for one or two years; and 2) include participation of the City Advisory Committee in the budget |
hearings process to review and make recommendations to the City Council on the proposed |
budget for City programs receiving CDBG funding (TITLE CHANGE) (04-0749-1) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, 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 Councilmember Chang |
Resolution Number 78920 C.M.S. |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Nadel, to adopt the Resolution on Item 17 as amended |
to include the following provision: that both the CAC and local district boards |
will review city-wide proposals before they come to Council, 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 |
The following individual(s) spoke against this item: |
18
Subject: Purchasing System Amendments |
From: Finance and Management Agency/Office of the City Attorney |
Recommendation: Approve the Introduction ( First Reading) of an Ordinance amending |
Ordinance No. 7937 C.M.S., adopted February 6, 1969, and amendments thereto, codified at |
Oakland Municipal Code Title 2, Chapter 2.04, Purchasing System, Article I, Bidding, |
Contracting and Purchasing, to increase the City Administrator's contract approval limits, |
revise City Council approval limits accordingly, revise the local business preference, make |
necessary corrections, clarifications, delete obsolete provisions and codify current procedures |
(03-0289) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, 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 December 7, 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 Councilmember Chang |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Reid, to approve the Introduction of the Ordinance as |
amended to include the following corrections: |
1 page 5 2.02.020 b 3 change "contact" to contract |
2. page 7 2.04.030 a 1 change 2.04.030 b to 2.04.030 a 2 |
add a subpart " c" 2.04.030 a 2 c, which is indentical to 2.04.020.b 3 which |
reads "Appropriation resolution, notwithstanding the limits in this section, any |
purchase or contract identified in a Council-approved appropriation Resolution |
is subject to City administrator's limits in 2.04.020.a |
4. page 8 2.04.030 d change "d" to "c" |
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 |
The following individual(s) spoke and did not indicate a position on this item: |
19
Subject: MacArthur Boulevard Utility Undergrounding |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing award of a construction contract to the |
responsible low bidder, Underground Construction Company, Inc., in an amount not to exceed |
$9,282,964.45 for construction of Underground Utility District No. 233, on MacArthur |
Boulevard (from 73rd Avenue to the San Leandro City line) using $1,673,022 in City of |
Oakland funds out of a budget of $2,000,000 for the project and payments from PG&E, SBC, |
and Comcast totaling $7,609,942, subject to certain conditions (04-0648) |
20
Subject: Memorandum of Understanding Regarding Unit U41 |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution approving memorandum of understanding between the |
City of Oakland and the Deputy Attorney V and Special Counsel Association, representing |
employees in representation Unit U41 covering the period of July 1, 2003 through June 30, |
2005 (04-0837) |
A motion was made by Councilmember Brunner, 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 Councilmember Chang |
Resolution Number 78921 C.M.S |
The following individual(s) spoke and did not indicate a position on this item: |
20.1
Subject: Amendment to the Salary Ordinance |
From: Finance and Management Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending the |
salary schedule of Ordinance No. 12187 C.M.S. (The Salary Ordinance) to increase the pay of |
certain miscellaneous job classifications pursuant to the Deputy City Attorney V and Special |
Counsel Association Memorandum of Understanding (04-0831) |
A motion was made by Councilmember Quan, 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 7, 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 Councilmember Chang |
21
Subject: Amendment to the Salary Ordinance |
From: Finance and Management Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending the |
salary schedule of Ordinance No. 12187 C.M.S. (The Salary Ordinance) to add the permanent |
part-time equivalent classification of Systems Analyst II, PPT. The Ordinance also amends the |
classifications of Fire Communications Dispatcher, Senior, Fire Communications Supervisor, |
Fire Suppression District Inspector, and Public Works Operations Manager (04-0787) |
A motion was made by Councilmember Quan, 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 7, 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 Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
22
Subject: Uptown Mixed Use Redevelopment Project |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) An Agency Resolution requesting the approval of the updated residential and commercial |
relocation plans for the Uptown Mixed Use Redevelopment Project and authorizing the |
implementation of the plans and, (04-0772) |
A motion was made by Councilmember Wan, 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 Councilmember Chang |
ORA Resolution Number 2004-32
2) Adopt a City Resolution adopting the updated Residential and Commercial Relocation Plans |
for the Uptown Mixed Use Redevelopment Project (04-0772-1) |
A motion was made by Councilmember Wan, 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 Councilmember Chang |
Resolution Number 78922 C.M.S.
23
Subject: Easement - 5982 Ascot Drive |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance abandoning a |
5-foot wide reserve public utility easement located on the northeastern line of 5982 Ascot Drive |
(04-0712) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Reid, that this matter be Approved as Amended for Final Passage. 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 Councilmember Chang |
Ordinance Number 12627 C.M.S.
24
Subject: Easement - 6012 Ascot Drive |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance abandoning a |
5-foot wide reserve public utility easement located on the southwestern line of 6012 Ascot |
Drive (04-0713) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Reid, that this matter be Approved for Final Passage. 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 Councilmember Chang |
Ordinance Number 12628 C.M.S.
25
Subject: Amendment to the Salary Ordinance |
From: Finance and Management Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the |
Salary Schedule of Ordinance No. 12298 C.M.S. (The Salary Ordinance) to provide a fifty |
percent salary range table for executive management employee job classifications in Unit UK1, |
Unit UN1 and Unit UR1 and to amend the classification of City Manager, Assistant City |
Manager, Deputy City Manager, Assistant to the City Manager, Executive Assistant to the City |
Manager, Receptionist to the City Manager, City Manager Analyst, Director of Aging, Health |
& Human Services, Director of Parks and Recreation, Agency Director of Finance & |
Management and add the classifications of Director of Development, Director of |
Redevelopment & Economic Development, CPRB Executive Director and Administrative |
Assistant to the City Administrator (04-0794) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, that this matter be Approved for Final Passage. 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 Councilmember Chang |
Ordinance Number 12629 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
26
Subject: Easement Encroachment on 198 Oak Road |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance authorizing |
the granting of an encroachment easement of 885 square feet to Hoi Liang Phua and Linli Lee |
on City property located at Davie Tennis Stadium at 198 Oak Road, Oakland for the appraised |
market value of $5,350 (04-0740) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, that this matter be Approved for Final Passage. 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 Councilmember Chang |
Ordinance Number 12630 C.M.S.
27
Subject: Amicus Briefs Supporting the City of Berkeley |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution authorizing the City Attorney to file an Amicus Brief in |
support of the City of Berkeley in Alameda County Superior Court in an action challenging the |
process and procedures of Berkeley's Police Review Commission, Alameda Co. Superior Court |
Case No. 2002057569 (04-0893) |
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 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 Councilmember Chang |
Resolution Number 78923 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
28
Subject: MacArthur Transit Village Project - City Attorney's Report |
From: Office of the City Attorney |
Recommendation: Receive the City Attorney's Report highlighting legal issues, and risks |
regarding the Resolution authorizing the Agency Administrator to (1) execute an agreement |
that will allow the Agency to complete hazardous materials testing on BART-owned property |
at the Macarthur BART station and (2) pay up to $60,000 for insurance to cover liability to |
third parties (04-0895) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Chang, 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 Councilmember Chang |
S-28.1
Subject: MacArthur Transit Village Project |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to 1) |
negotiate and execute a permit to enter, including indemnification provisions, with BART to |
allow the Agency to complete hazardous materials testing on BART-owned property at the |
MacArthur BART Station as part of the predevelopment work for the MacArthur Transit |
Village Project, and 2) pay up to $60,000 for no more than one-third of the cost of an insurance |
policy, and the policy deductible, to cover third party liability (04-0843) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember 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 Councilmember Chang |
ORA Resolution Number 2004-63 C.M.S.
29
Subject: Appointments to the Commission on Persons with Disabilities |
From: Office of the Mayor |
Recommendation: Adopt a Resolution re-appointing Denis Craig, Nancy Crosby, Lynne Cutler |
and Alice Moore as members of the Commission on Persons with Disabilities (04-0898) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, 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 Councilmember Chang |
Resolution Number 78924 C.M.S.
30
Subject: Appointment to the Children's Fund Planning and Oversight Committee |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution appointing Diana Alonso as a member of the Children's |
Fund Planning and Oversight Committee (04-0897) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, 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 Councilmember Chang |
Resolution Number 78925 C.MS.
31
Subject: Appointment to the Housing, Residential Rent and Relocation Board |
From: Office of the Mayor |
Recommendation: Adopt a Resolution amending Resolution number 78926 appointing Stephen |
Sanger as a member of the Housing, Residential Rent and Relocation Board (04-0892) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, 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 Councilmember Chang |
Resolution Number 78926
S-32
Subject: Leona Quarry Project Tract Maps 7351 and 7493 |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Engineer to enter into a subdivision |
improvement agreement with Desilva Group, Inc. for construction of certain improvements in |
connection with Tracts "7351" and "7493", Leona Quarry Projects; fixing the amount of the |
security to guarantee the faithful performance of such agreement and adopting plans and |
specifications (TITLE CHANGE) (04-0742) |
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 Abstained: 1 - Councilmember Nadel |
ORA\Councilmember Excused: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember |
Wan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
Resolution Number 78927 C.M.S. |
The following individual(s) spoke against this item: |
The following individual(s) spoke and did not indicate a position on this item: |
S-33
Subject: Pedestrian Countdown Signals |
From: Public Works Agency |
Recommendation: Adopt a Resolution authoring the City Administrator to enter into a grant |
agreement with the State of California, Office of Traffic Safety (OTS), in the amount of one |
hundred thirty-one thousand five hundred dollars ($131,500), and to accept and appropriate |
project funds to install pedestrian countdown signals at twenty-three (23) intersections |
(04-0704) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 78928 C.MS |
S-34
Subject: Municipal Improvement Fund "Pay-Go Funds" |
From: Council President Ignacio De La Fuente/Councilmember Quan |
Recommendation; Adopt a Resolution directing the Oakland City Attorney to pursue |
amendments to the 1982 Trust Agreement with Bank of America in order to clarify that the |
Mayor and individual City Councilmembers have the option of providing the funds related to |
that agreement (commonly referred to as Municipal Improvement Fund "Pay-Go Funds") to |
projects at public schools in Oakland (04-0856) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 78929 C.MS |
The following individual(s) spoke and did not indicate a position on this item: |
S-35
Subject: Grant Procedures for Pay-Go Account Funds |
From: Office of the City Attorney |
Recommendation: Approve the Introduction (First Reading) of an Ordinance confirming |
procedures for grants from the Pay-Go Account to non-city entities (04-0858) |
A motion was made by Councilmember Brunner, 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 December 7, 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 Councilmember Chang |
S-36
Subject: Oakland Army Base Workforce Development Collaborative |
From: Oakland Base Reuse Authority |
Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to 1) |
consent to the assignment of the rights and obligations of the Alameda County Homeless Base |
Conversion Collaborative to the Oakland Army Base Workforce Development Collaborative |
("Workforce Collaborative") under the 1999 Memorandum of Understanding, and 2) negotiate |
and enter into an amended and restated Memorandum of Understanding with the Workforce |
Collaborative, Port of Oakland, and Oakland Base Reuse Authority, for an alternate homeless |
accommodation for the Oakland Army Base in an amount not to exceed five million four |
hundred thousand dollars ($5,400,000) (04-0810) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 2004-64 C.M.S. |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke and indicated a neutral position on this item: |
S-37
Subject: Lakeshore/Lake Park Business Improvement Management Dist Advisory Bd. |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution approving and confirming the Annual Report of the |
Lakeshore/Lake Park Business Improvement Management District Advisory Board and the |
continuing annual assessment for the Lakeshore/Lake Park Business Improvement |
Management District for Fiscal Years 2004 - 2005 (04-0842) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember 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 Councilmember Chang |
Resolution Number 78930
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 11:46 p.m. |
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Also, in compliance with Oakland's policy for people with environmental illness or multiple |
chemical sensitivities, please refrain from wearing strongly scented products to meetings. |
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City Clerk and Clerk of the Council