Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council |
Tuesday, July 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 6:30 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 Present: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
The following individual(s) spoke under Open Forum: |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
A motion was made by Councilmember Reid, seconded by Councilmember |
Nadel, to *Approve with the following amendments. 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 |
Councilmember Chang |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Nadel, to adopt the agenda with the exception of Items |
10.31CC and 10.36CC, 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 |
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 2004-2005 Mid-Cycle Special Budget Review held |
on June 29, 2004 and the Concurrent Meeting of the Oakland Redevelopment Agency/City |
Council held July 6, 2004 |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, to *Approve with the following amendments. 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 |
Councilmember Chang |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Reid, to approve the July 6, 2004 Minutes as amended |
to include the following Friendly Amendment proposed by Councilmember |
Nadel, accepted by Agency/Councilmember Wan on item 14.3 regarding the |
Rotunda Garage Pubic Hearing: |
"Add a provision to the development and disposition agreement that provides |
the Adcock Joyner building owners, the same provisions for the right of first |
refusal to buy the 524-528 16th Street lot ,as in the original resolution 77542, |
but restarting the clock to run until September of 2008.", |
and hearing no objections, all members present were recorded as voting: Ayes: |
Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and |
President of the Council De La Fuente -8 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Oakland Citizens' Academy Graduation Class of Spring 2004 |
From: Office of the City Administrator |
Recommendation: A presentation from the City Administrator for the City of Oakland Citizens' |
Academy Graduation Class of Spring 2004 (04-0629) |
City Administrator, Deborah Edgerly, made a presentation congratulating the |
graduates of the Citizens' Academy Class of Spring 2004 |
The following individual(s) spoke on this item: |
8.2
Subject: Dwight Chambers - Service Recognition |
From: Councilmember Brooks |
Recommendation: Adopt a Resolution commending Dwight A. Chambers for 39 years of |
dedicated service to the City of Oakland (7874804-0536) |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
8.3
Subject: Ernie Robinson - Service Recognition |
Recommendation: Adopt a Resolution commending Deputy Chief Ernest A. Robinson III for |
30 years of outstanding and dedicated service and congratulating him on his retirement |
(04-0613) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
The following individual spoke in favor of this item: |
8.4
Subject: Gerald Simon - Service Recognition |
Recommendation: Adopt a Resolution commending Chief Gerald Simon for outstanding and |
dedicated service and congratulating him on his retirement (04-0614) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Brooks, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
The following individual spoke in favor of this item: |
8.5
Subject: Henry Renteria - Service Recognition |
Recommendation: Adopt a Resolution commending Henry R. Renteria for his 19 years of |
dedicated service as Oakland's Emergency Manager, congratulating him on his retirement from |
the City of Oakland, and wishing him well as assumes leadership as the Director of the |
Governer's Office of Emergency Services (04-0615) |
*Withdrawn with No New Date
8.6
Subject: Barry Weiland - Service Recognition |
Recommendation: Adopt a Resolution honoring Barry Weiland upon his retirement from the |
City of Oakland (04-0616) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Nadel, 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 |
Councilmember Chang |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Brooks took a point of personal privilege and |
requested that the meeting be adjourned in memory of Dave McDonald. |
Agency/Councilmember Brooks took a point of personal privilege and |
requested that the meeting be adjourned in memory of John Sanders. |
Agency/Councilmember Brunner took a point of personal privilege and |
requested that the meeting be adjourned in memory of Dave McDonald. |
Agency/Councilmember Reid took a point of personal privilege and requested |
that the meeting be adjourned in memory of Dave McDonald. |
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 (04-0631) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78684 C.M.S.
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 (04-0632) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78685 C.M.S.
10.3CC
Subject: Gary Deskins - 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 Gary Deskins, et al. v. City of Oakland et al., United States |
District Court no. C-03-3653-VRW, our file no. 23467, in the amount of $40,000 (Oakland |
Police Department - Warrentless Search) (04-0633) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78686 C.M.S.
10.4CC
Subject: Leslie Perez - 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 Leslie Perez, in the amount of $6,000, as a result of bodily |
injury sustained in an auto collision involving a City of Oakland vehicle. (Public Works |
Agency) (04-0636) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78687 C.M.S.
10.5CC
Subject: Deborah Carney - 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 Allstate Insurance as subrogee for Deborah Carney, in the |
amount of $9,248.47, as a result of an automobile collision involving a City of Oakland vehicle |
(Public Works Agency) (04-0635) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78688 C.M.S.
10.6CC
Subject: Fe Hanson - 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 Fe Hanson v. City of Oakland, et al., Alameda County |
Superior Court number RG03124039, our file number 23493, in the amount of sixty thousand |
dollars ($60,000). This case involves a claim for disability discrimination (Oakland Police |
Department) (04-0638) |
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 Abstained: 2 - Councilmember Brunner and |
Councilmember Brooks |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember Wan, |
Councilmember Quan, President of the Council De La Fuente and |
Councilmember Chang |
Resolution Number 78689 C.M.S.
10.7CC
Subject: Yakpasua Zazaboi - 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 Yakpasua Zazaboi v. City of Oakland, et al., Alameda |
County Superior Court case no. 2001-032605 our file no. 21415, in the amount of $9,900 |
(Oakland Police Department) (04-0640) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78690 C.M.S.
10.8CC
Subject: Cheryl D. Taylor - Service Recognition |
Recommendation: Adopt a Resolution commending Cheryl D. Taylor for 31 years of devoted |
and dedicated service and congratulating her on her retirement (04-0591) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78691 C.M.S.
10.9CC
Subject: Edna Davis - Service Recognition |
Recommendation: Adopt a Resolution honoring Edna Davis upon her retirement from the City |
of Oakland for more than 31 years of devoted and dedicated service and congratulating her on |
her retirement (04-0592) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78692 C.M.S.
10.10CC
Subject: Janie B. Young - Service Recognition |
Recommendation: Adopt a Resolution commending Janie B. Young for 36 years of devoted |
and dedicated service and congratulating her on her retirement (04-0593) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78693 C.M.S.
10.11CC
Subject: Doris M. Malvo - Service Recognition |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution commending Doris M. Malvo for 36 years of |
outstanding and dedicated service and congratulating her on her retirement (04-0607) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78694 C.M.S.
10.12CC
Subject: Standard Specifications for Public Works Construction |
From: Public Works Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance adopting the |
"Standard Specifications for Public Works Construction, 2003 Edition" and repealing |
Ordinance No. 12321 C.M.S. and all resolutions related thereto (04-0516) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved as Amended for Final |
Passage. The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12614 C.M.S.
10.13CC
Subject: Sale of City-Owned Property - 3615 and 3619 35th Avenue |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance authorizing |
the negotiation and execution of a purchase and sale agreement for the sale of City-owned |
property at 3615 and 3619 35th Avenue at fair market value ($279,000) to Collins/PBA for the |
development of a mixed-use project (04-0489) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved as Amended for Final |
Passage. The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12615 C.M.S.
10.14CC
Subject: Urban Renewal and Redevelopment Planning |
From: Community and Economic Development Agency |
Recommendation: Approve the Final Passage (Second Reading) of the following Ordinances |
regarding the Acorn, Central District, Oak Center and Stanford/Adeline project areas: |
1) Approve the Final Passage (Second Reading) of an Ordinance amending the Acorn Urban |
Renewal Plan to extend the time limits on plan effectiveness and receipt of tax increment |
revenue by one year; and (04-0427) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved as Amended for Final |
Passage. The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12616 C.M.S.
2) Approve the Final Passage (Second Reading) of an Ordinance amending the Central District |
Urban Renewal Plan to extend the time limits on plan effectiveness and receipt of tax |
increment revenue by one year; and (04-0427a) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12617 C.M.S.
3) Approve the Final Passage (Second Reading) of an Ordinance amending the Oak Center |
Urban Renewal Plan to extend the time limits on plan effectiveness and receipt of tax |
increment revenue by one year; and (04-0427b) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12618 C.M.S.
4) Approve the Final Passage (Second Reading) of an Ordinance amending the |
Stanford/Adeline Redevelopment Plan to extend the time limits on plan effectiveness and |
receipt of tax increment revenue (04-0427c) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12619 C.M.S.
10.15CC
Subject: Amendment to View Ordinance |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending |
Oakland Municipal Code Section 15.52 (View Ordinance) to clarify application to properties in |
the entire City of Oakland and that the private right to reconciliation and arbitration established |
by the View Ordinance is not affected by the provisions of Section 15.52.040, protected view |
corridors in the North Oakland Hill Area Specific Plan (04-0573) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12620 C.M.S.
10.16CC
Subject: Increase of City Council Salaries |
From: Public Ethics Commission and Office of the City Administrator |
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending |
Ordinance Number 4727 C.M.S. to adjust the monthly salary schedule for the classification of |
Council Member (04-0541) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Ordinance Number 12621 C.M.S.
S-10.17CC
Subject: I-880 Public Art Project |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to allocate an |
additional $70,000 from the City's Public Art Municipal Capital Improvement Fund (Fund |
5505) for the Broadway at I-880 Public Art Project, to reject all bids, to negotiate a contract |
and to award a construction contract in an amount not to exceed $385,000, without returning to |
Council (TITLE CHANGE) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, |
THIS ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES) |
(04-0397-1) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78695 C.M.S. |
S-10.18CC
Subject: Lake Merrit Clean Up |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the sixth amendment to the professional |
services agreement with the Lake Merritt Institute for the cleanup of Lake Merritt for Fiscal |
Year 2004-2005 in an amount not to exceed $151,570 for a total contract amount not to exceed |
$951,725 (04-0436-1a) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78696 C.M.S. |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Brunner, to adopt the resolution as amended on Item |
S-10.18CC to include the following language: |
"FURTHER RESOLVED: This resolution supercedes and hereby revokes |
Resolution No. 78673 passed on July 6, 2004, which extended the LMI contract |
for three months from June 1 - August 31, 2004; and be it.", |
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 |
S-10.19CC
Subject: Local Street and Road Repairs |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept, |
and appropriate $1,573,482 of Federal Surface Transportation Program Funds for local street |
rehabilitation work in Fiscal Year 2005-2006 and Fiscal Year 2006-2007 (04-0535) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78697 C.M.S.
S-10.20CC
Subject: Installation of Stop Signs in the City of Oakland |
From: Public Works Agency |
Recommendation: Adopt a Resolution approving the installation of stop signs on: 1) 84th |
Avenue at E Street; 2) East 31st Street at 22nd Avenue; and 3) Gaskill Street at Aileen Street |
(04-0554) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78698 C.M.S.
S-10.21CC
Subject: Traffic Counts and Speed Zone Studies |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing amendment to the agreement with |
Kimley-Horn and Associates to conduct average daily traffic counts and radar speed zone |
studies for an additional amount not to exceed $25,000 (total contract amount not to exceed |
$270,790) and a time of performance extension from June 30, 2004 to December 31, 2004 |
(04-0555) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78699 C.M.S. |
S-10.22CC
Subject: Korve Engineering - Design Services for Traffic Signals |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
professional services agreement with Korve Engineering for the design of traffic signals at four |
locations (Project Nos. C229310, C229110, C232710, C232310) for an amount not to exceed |
eighty-five thousand seven hundred ten dollars ($85,710) (04-0557) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78700 C.M.S.
S-10.23CC
Subject: Parking Designations in the City of Oakland |
From: Public Works Agency |
Recommendation: Adopt a Resolution approving the: 1) establishment of a No-Parking |
between 3:00 A.M. and 6:00 A.M. Zone on Hegenberger Place (both sides) between |
Hegenberger Road and the end; 2) establishment of a One-Hour Parking Zone on |
East 12th Street (both sides) between 33rd Avenue and 35th Avenue; 3) removal of a |
No-Parking Zone and establishment of a Two-Hour Parking Zone on Perkins Street (east side) |
between Grand Avenue and Bellevue Avenue (04-0558) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78701 C.M.S.
S-10.24CC
Subject: Funding of Various Transportation Projects |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City of Oakland to apply for, accept, and |
appropriate up to $1,357,000 in Fiscal Year 2004-2005 Transportation Fund for Clean Air |
Funds for the following four projects: 1) Oakland Airport - Coliseum Area Intelligent |
Transportation Systems Deployment - Phase I ($800,000); 2) Market Street Regional Bikeway |
($400,000); 3) Clay Street Garage Central Cashiering System ($97,000); and 4) Bicycle |
Parking Request Program ($60,000) (04-0561) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78702 C.M.S.
S-10.25CC
Subject: DKS Associates - Citywide Pedestrian Safety Program |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
professional services agreement with DKS Associates for design services for the Citywide |
Pedestrian Safety Program (City Project No. C188510) for an amount not to exceed one |
hundred three thousand one hundred and forty dollars ($103,140) (04-0553) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78703 C.M.S. |
S-10.26CC
Subject: Safe Routes to School Program |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate the Safe Routes To School Program Fourth Cycle State funds in the amount of |
$441,045 for pedestrian safety improvements at various school locations (04-0560) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78704 C.M.S.
S-10.27CC
Subject: Bay Area Air Quality Management District |
From: Public Works Agency |
Recommendation:Adopt a Resolution authorizing the City Administrator to apply for, accept |
and appropriate $106,500 in grant funds to offset the incremental cost of acquiring one garbage |
packer truck and one street sweeper powered by compressed natural gas instead of diesel fuel |
and to enter into a funding agreement with the Bay Area Quality Management District if the |
application is approved by the Bay Area Air Quality Management District Board of Directors |
(04-0582) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78705 C.M.S. |
S-10.28CC
Subject: PSAI Old Oakland Associates |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution granting PSAI Old Oakland Associates, LLC, a |
California Limited Liability Company, a conditional revocable permit for the encroachment of |
existing building structural supports, sidewalk basement to be converted into commercial space |
and sidewalk basement stairs into the public right-of-way area of 9th Street and sidewalk |
basement into the public right-of-way area of Broadway located at 901 Broadway (04-0576) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78706 C.M.S.
S-10.29CC
Subject: Community Choice Aggregation Demonstration Project |
From: Office of the City Administrator |
Recommendation: Adopt the following legislation regarding alternative energy opportunities: |
1) A Resolution authorizing the City Administrator to accept and appropriate $3,500,000 from |
the Williams Energy Settlement to be used for activities that promote alternative energy |
production or improve energy efficiency in the City, and; (04-0540) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78707 C.M.S.
2) A Resolution authorizing allocation of Williams Settlement Funds for a professional |
services agreement with Navigant Consulting, Inc. to join the Bay Area Consortium |
Community Choice Aggregation Demonstration Project to assess the feasibility, opportunities, |
and risks for Oakland to become an aggregator in an amount not to exceed $24,500 |
(04-0540-1) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78708 C.M.S.
S-10.30CC
Subject: Abatement of Dangerous and Insanitary Building Sewer Conditions |
From: Public Works Agency |
Recommendation: Adopt a Resolution confirming the report of assessment for the abatement of |
dangerous and insanitary building sewer conditions throughout the City of Oakland (04-0538) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78709 C.M.S.
S-10.31CC
Subject: Nuisance Abatement Liens and Costs |
From: Community and Economic Development Agency |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
Oakland Municipal Code Sections 15.08.130, 1.08.040, 1.12.040 and 1.16.040 to authorize |
foreclosure proceedings to collect nuisance abatement liens and costs, and amending Oakland |
Municipal Code 1.08.060 to increase the maximum annual cumulative civil penalties from |
$250,000 to $365,000. (04-0604) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council on 9/21/2004 |
S-10.32CC
Subject: Minor Home Repair Program |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing an increase in the existing contract with the |
County of Alameda, Housing and Community Development Department, by an amount not to |
exceed $229,210, for a total contract amount of $729,210 to administer the Minor Home Repair |
Program (MHRP) (04-0509) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78710 C.M.S. |
S-10.33CC
Subject: Culinary Arts Academy |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution authorizing the reallocation of $436,000 of Community |
Development Block Grant funds, and authorizing the City Administrator to negotiate and |
execute agreements with the Oakland Unified School District for the Castlemont High School |
Culinary Arts Academy ($25,000) and with the Alameda County Health Care Services Agency |
for the Project YES! Youth Center renovation |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78711 C.M.S. |
The following individual (s) spoke in favor of this item: |
S-10.34CC
Subject: Origins Design Network - Extension of Contract Period |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution amending a professional services contract between the |
City of Oakland and Origins Design Network to perform residential design review services, to |
extend the contract time period until such time contract funds are depleted (no change to the |
contract amount) (04-0542) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78712 C.M.S. |
S-10.35CC
Subject: After-School Homework and Teen Homework Assistance Program |
From: Oakland Public Library |
Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the City |
of Oakland, to accept and appropriate a grant in the amount of $225,000 from the Oakland |
Public Library Foundation for the PASS! After-School Homework Program and the Teen |
Homework Assistance Program for Fiscal Year 2004-2005 (04-0448) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78713 C.M.S.
S-10.36CC
Subject: Cultural Arts Revolving Loan Program |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution rescinding Resolution Number 94-43 C.M.S., which |
authorized the implementation of the Cultural Arts Revolving Loan Program managed by the |
Oakland Business Development Corporation, and authorizing the City's participation in the |
Arts Loan Fund managed by the Northern California Grantmakers (04-0424) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council on 9/21/2004 |
S-10.37CC
Subject: Oakland Museum of California Master Plan |
From: Cultural Arts and Marketing Department |
Recommendation: Receive an Informational progress Report on the Oakland Museum of |
California Master Plan (04-0423) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be *Received and Filed. The |
motion carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
S-10.38CC
Subject: Public Artwork - Bella Vista Park |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution authorizing a professional services agreement between |
the City of Oakland and Eric Powell in an amount not to exceed $16,500 for the creation of |
public artwork for the Bella Vista Park (04-0469) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78714 C.M.S. |
S-10.39CC
Subject: Public Artwork for the Oakland Childrens Zoo |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution authorizing a professional services agreement between |
the City of Oakland and Robin Murez in an amount not to exceed ninety thousand dollars |
($90,000) for the creation of public artwork for the Oakland Children's Zoo (04-0471) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78715 C.M.S. |
S-10.40CC
Subject: Home Improvements For Paratransit Riders |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept, |
and appropriate funds in the amount of $132,763 from Alameda County Transportation |
Improvement Authority (ACTIA) Measure B Funds for the Fiscal Years 2004-2006 and to |
execute one year contracts with Center for Independent Living, Rebuilding Together - Oakland, |
Rebuilding Together - Albany/Emeryville, to provide accessible home improvements for |
paratransit services for Fiscal Years 2004-2006 in an amount not to exceed $78,000 and to |
amend the contracts for additional amounts received without returning to City Council |
(04-0442) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78716 C.M.S. |
S-10.41CC
Subject: Oakland Youth Commission |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the City |
of Oakland, to accept donations up to $5,000 and grants up to $20,000 on behalf of the Oakland |
Youth Commission without further City Council approval of these future donations and grants; |
and to apply for, accept and appropriate a grant of $5,000 from the ARC Foundation for youth |
in civic engagement activities (04-0441-1) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78717 C.M.S.
S-10.42CC
Subject: Child Care Food Program (CCFP) Grant |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the City |
of Oakland to apply for, accept and appropriate the Child Care Food Program (CCFP) Grant |
from the California Department of Education in an estimated amount of $360,000 for program |
year 2004-2005 (04-0584) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78718 C.M.S.
S-10.43CC
Subject: Access to Electronic Health Information Project Grant |
From: Oakland Public Library |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept, |
and appropriate a grant in the amount of $8,000 from the National Network of Libraries of |
Medicine Access to Electronic Health Information Project for Fiscal Year 2004-2005 |
(04-0449) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78719 C.M.S.
S-10.44CC
Subject: Library Services Grants |
From: Oakland Public Library |
Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the |
City of Oakland, to apply for, accept, and appropriate a grant in the amount of $25,000 from the |
California State Library, Library Services and Construction Act Global Languages Programs |
for Fiscal Year 2004-2005 (04-0446) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78720 C.M.S.
S-10.45CC
Subject: National Forensic Sciences Improvement Act Program |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the City |
of Oakland to accept and appropriate grant funds in the amount of nine thousand one hundred |
and eighty dollars ($9,180) from the Governor's Office of Emergency Services for the Paul |
Coverdell National Forensic Sciences Improvement Act Program being conducted in the Police |
Department (04-0537) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78721 C.M.S.
S-10.46CC
Subject: Domestic Violence Abatement Activities |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the City |
of Oakland, to accept and appropriate funds in the amount of seventeen thousand three hundred |
forty-three dollars and forty-five cents ($17,343.45) from the State of California, Domestic |
Violence Restraining Order System Fund, for use by the Oakland Police Department for |
Domestic Violence Abatement Activities (04-0585) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78722 C.M.S.
S-10.47CC
Subject: Oakland Youth Court Project |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator on behalf of the City |
of Oakland to accept and appropriate a grant in an amount not to exceed one hundred fifty-three |
thousand two hundred and three dollars ($153,203) from the State of California, Board of |
Corrections (BOC), Juvenile Accountability Block Grant (JABG) Program, and authorizing a |
funding agreement in an amount not to exceed one hundred forty-two thousand dollars |
($142,000) with the Donald P. McCullum Youth Court for implementation of the Oakland |
Youth Court Project (04-0586) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78723 C.M.S. |
S-10.48CC
Subject: Police Patrol Vehicle Mobile Data Computers |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator, or her designee, to |
execute a purchase order with Oakland Computer Company for two hundred fifty (250) |
hardware upgrade kits for Police Patrol Vehicle Mobile Data Computers |
(MDC), in an amount not to exceed one hundred seventy-five thousand dollars ($175,000) |
(04-0587) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78724 C.M.S.
S-10.49CC
Subject: New Weed and Seed Sites in East and West Oakland |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services agreement with |
Resource Development Associates in the amount of forty thousand dollars |
($40,000) for the development of two official recognition applications for submission to the |
U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, |
for the establishment of New Weed and Seed Sites in East and West Oakland (04-0610) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78725 C.M.S. |
S-10.50CC
Subject: Sutter Health - Contract Amendment |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to amend Resolution |
Number 76105 C.M.S dated October 31, 2000 to increase the contract with Sutter Health @ |
Work by ninety thousand dollars ($90,000) for physical fitness assessments and health testing |
services for the City of Oakland's Firefighting Personnel to meet current regulatory |
requirements and standards of compliance, to a total contract amount not to exceed one |
hundred eighty four thousand one hundred fifty dollars |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78726 C.M.S. |
S-10.51CC
Subject: Recreation and Sports Programs - Assembly Bill 2404 |
From: President of the Council De La Fuente |
Recommendation: Adopt a Resolution proclaiming support for initiatives that encourage equal |
access to local recreation and sports programs for girls and boys throughout California |
(including those in Oakland) who want to participate in such programs, specifically State |
Assembly Bill 2404 introduced by Assembly Member Darrell Steinberg (04-0639) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78727 C.M.S.
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, to *Approve as Submitted. 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 |
Councilmember Chang |
There was one final decision made during closed session. |
Item 2(a) Eleanor Colbert v. City of Oakland |
Council authorized a settlement of $15,000 for a case involving a slip and fall |
accident. |
Agency/Councilmember Wan made a motion, seconded by |
Agency/Councilmember Quan, to approve the settlement on Item 2(a), and |
hearing no objections, the motion passed by Ayes: Agency/Councilmember: |
Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council |
De La Fuente -8 |
The following individual 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 |
A motion was made by Councilmember Wan, seconded by Councilmember |
Chang, to Accepted. 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 |
Councilmember Chang |
Agency/Councilmember Wan made a motion seconded by |
Agency/Councilmember Chang confirming that there were no discussions |
pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections, |
the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, |
Nadel, Reid, Quan, Wan and President of the Council De La Fuente -8 |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
No action was necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Uptown Activity Area - Continued Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a continued Public Hearing and upon conclusion adopt the |
following City and Agency Resolutions regarding redevelopment activities in the Uptown |
Activity Area of the Central District Redevelopment Project Area |
(Councilmember Nadel, District 3): |
(1) A Resolution authorizing approval and execution of a Lease Disposition and Development |
Agreement, Ground Leases, and related documents between the Redevelopment Agency and |
Uptown Partners, LLC., a California Limited Liability Company, for the development of a |
mixed use residential rental and retail development project in the Uptown Activity Area of the |
Central District Redevelopment Project Area; (04-0430) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brunner, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Abstained: 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 78728 C.M.S. |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke against this item: |
The following individual (s) spoke and indicated a neutral position on this item: |
The following individual(s) spoke and did not indicate a position on this item: |
Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
opened at 9:15 PM |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Brunner, 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 |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Brunner to adopt the resolution as amended on Item |
14.1-1 and 14.1-2 to include in the LDDA provisions giving the Agency and the |
City the right to terminate the LDDA under any of the following circumstances: |
A. The Agency/City Remediation and cost sharing obligation would exceed |
$2,585,000 and an acceptable cost sharing agreement has not been approved |
by the Agency, or |
B. The projected costs associated with land acquisition (including, without |
limitation, acquisition, relocation, and goodwill) exceed the currently budgeted |
amount of $14,200,000. |
2. If, after closing, the remediation costs for previously unknown |
contamination (including, without limitation, environmental insurance costs, |
remediation, consultant fees, investigative costs) exceed the sum of the acutally |
available insurance proceeds plus any unused portion of the $2,585,000 |
allocated to remdiation, |
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 |
2) An Agency Resolution authorizing the Agency Administrator to execute a Lease Disposition |
and Development Agreement, a Ground Lease, and related documents with Uptown Partners, |
LLC, a California Limited Liability Company, for the development of a mixed-use residential |
rental and retail development project in the Uptown Activity Area of the Central District |
Redevelopment Project Area; (04-0430a) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brunner, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Abstained: 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: 2004-38 C.M.S. |
3) A Resolution authorizing the City Administrator to execute a Cooperation Agreement with |
the Redevelopment Agency of the City of Oakland, and the Coalition for Workforce Housing |
relating to the development of a one hundred percent (100%) affordable housing project on a |
parcel located immediately behind the Fox Theater between 18th and 19th Streets in the |
Uptown Activity Area of the Central District Redevelopment Project Area (04-0430b) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brunner, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Abstained: 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 78729 C.M.S |
4) An Agency Resolution authorizing the Agency Administrator to execute a Cooperation |
Agreement with the City of Oakland, and the Coalition for Workforce Housing Relating to the |
development of a one hundred percent (100%) affordable housing project on a parcel located |
immediately behind the Fox Theater between 18th and 19th Streets in the Uptown Activity |
Area of the Central District Redevelopment Project Area; and (04-0430c) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brunner, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Abstained: 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 2004-39 C.M.S. |
5) An Agency Resolution adopting a Replacement Housing Plan for housing units to be |
demolished at the Westerner Hotel, 1918-1954 San Pablo Avenue, for the Uptown Project |
(04-0430d) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Brunner, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Abstained: 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: 2004-40 C.M.S.
14.2
Subject: Planned Development Zoning District - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion approve the Introduction |
(First Reading) of an Ordinance adopting Oakland Planning Code Chapter 17.139 (Planned |
Development Zoning District Procedure) and making related changes to Oakland's Master Fee |
Schedule and Chapter 17.152 (Enforcement) (04-0545) |
*Withdrawn with No New Date
14.3
Subject: Temescal Business Improvement Management District - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following pieces of |
legislation (Councilmember Brunner, District 1): |
1) A Resolution establishing the Temescal/Telegraph Avenue Property Business Improvement |
District of 2005, approving the Management Plan, directing filing of the proposed assessment |
district boundary description, making a determination with regard to the majority protest |
procedure for approval of the proposed assessments; and approving the assessments for the |
District; and (04-0350-1) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember |
Wan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Brooks, Councilmember Reid and Councilmember Chang |
Resolution Number 78730 C.M.S. |
The following individual(s) spoke in favor of this item: |
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was |
opened 10:10PM. |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Quan, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La |
Fuente -8 |
2) A Resolution authorizing payment of the Temescal/Telegraph Avenue Property Business |
Improvement District of 2005 Assessment for the City owned property (APN 014-1219-003-00 |
- the Temescal Library) in an amount not to exceed a total of $1,824.78 for the Fiscal Year |
2004-2005 assessment period. (04-0350-2) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Quan, 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 |
Councilmember Chang |
Resolution Number 78731 C.M.S.
14.4
Subject: Tree Permit Appeal-4437 Mountain View Avenue - Public Hearing |
From: Office of Parks and Recreation |
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution denying |
the appeal filed by Guy Moore and Shirley Leonard-Moore against the decision of the Director |
of the Office of Parks and Recreation approving the issuance of a tree removal permit - |
DR04-021 at 4455 - Mountain View Avenue (Councilmember Brooks - District 6) (04-0524) |
Continued to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 9/21/2004 |
The following individual(s) spoke and indicated a neutral position on this item: |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Cannabis Initiative Petition |
From: Office of the City Clerk |
Recommendation: Receive a Report from the City Clerk on the results of signature verification |
of the Oakland Cannabis Initiative Petition and adopt the following legislation: (04-0626) |
1) A Resolution submitting to the voters a Proposed Initiative Ballot Measure - an Ordinance |
that would require that the City of Oakland (1) Make investigation, citation and arrest for |
private adult cannabis (marijuana) offenses the City's lowest law enforcement priority; |
(2)Advocate through its lobbyist and City officers for changes in state and other laws to (a) |
allow and authorize taxation and regulation of cannabis marijuana) for adults and eliminate |
criminal penalties for private, adult cannabis use, (b) grant local control to cities and counties |
to license and regulate cannabis businesses and collect appropriate fees and taxes, and (c) end |
the prosecution arrest, investigation and imprisonment for adult private cannabis offenses; (3) |
Establish a system to license, tax and regulate cannabis (marijuana) sales if California law is |
amended to allow and authorize such actions; and (4) Create a committee to oversee the |
Ordinance's implementation and disbursement of revenue from licensing and taxation of |
businesses that sell Cannabis; at the General Municipal Election to be held on Tuesday, |
November 2, 2004; and directing the City Clerk to fix the date for submission of arguments and |
to provide for notice and publication in accordance with law and requesting the County Board |
of Supervisors to consolidate Oakland's Election with the Statewide General Election |
(04-0626-1) |
A motion was made by Councilmember Wan, seconded by President of the |
Council De La Fuente, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Noes: 2 - Councilmember Reid and Councilmember |
Chang |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente and Councilmember Brooks |
Resolution Number 78733 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: |
Agency/Councilmember Wan made a motion, seconded by Agency/Council |
President De La Fuente, to adopt the resolution on item 15 and amend the |
Ballot Question to read as follows: |
"Measure ____, shall the ordinance requiring City of Oakland (1) to make law |
enforcement related to private adult cannabis (marijuana) use, distribution, |
sale, cultivation and possession, the City's lowest law enforcement priority; (2) |
to lobby to legalize, tax and regulate cannabis for adult priviate use, |
distribution, sale, cultivation and possession, and allow taxation; (3) to license, |
tax and regulate cannabis sales if California law is amended to allow such |
actions; and (4) to create a committee to oversee the ordinance's |
implementation be adopted?", |
and also directing the City Attorney to research the legality and validity of the |
ballot measure and authorize the City Attorney to take action necessary to |
address legal issues that the City Attorney identifies, |
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 |
Councilmember Nadel made a motion, seconded by Vice Mayor Chang, to |
extend the meeting past 10:30 p.m. |
16
Subject: Community Policing and Violence Prevention Ballot Measure |
From: City Administrator's Office/Office of the City Attorney |
Recommendation: Adopt a Resolution submitting, on the City Council's own motion, to the |
Electors at the November 2, 2004 General Election, a proposed Ordinance (1) creating a special |
parcel tax and (2) increasing the parking tax, (3) increasing the Business License Tax for |
massage establishments and liquor stores in order to fund violence and crime prevention |
programs; consolidating the Election with the Statewide Presidential Election; and directing the |
City Clerk to fix the date for submission of arguments and provide for notice and publication in |
accordance with the November 2, 2004, Statewide Presidential Election (04-0389-6c) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Wan, that this matter be Approve as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Noes: 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 in favor of this item: |
The following individual (s) spoke against this item: |
The following individual(s) spoke and did not indicate a position on this item: |
Agency/Councilmember Quan made a motion, seconded by |
Agency/Councilmember Wan, to adopt the resolution on Item 16, with the |
following amendments: |
1) the language "lots and garages" will be replaced with "facilities"; |
2) Part 1, Section 3, Paragraph 2, B will include the following language at the |
end of the paragraph: "will includes expand truancy enforcement programs to |
keep kids in school"; |
3) Part 1, Section 3, Paragraph 2, C will include the following language at the |
end of the paragraph: "expand early childhood intervention programs for |
children exposed to violence in the home at an early age."; |
4) Part 2, Section 4, Paragraph, will be revised to include the word "sworn" |
accordingly "...appropriation for staffing of sworn uniformed police..."; |
5) Part 3, Section 2 (C), shall include the following additional language: |
"The tax for a Non-residential Parcels is calculated using both frontage and |
square footage measurements to determine total Single Family Resident Unit |
Equivalents. A frontage of 80 fee for a commercial/industrial parcel, for |
example, is equal to one (1) single family resident unit equivalent. (See matrix.) |
An area of 6,400 square feet for the commercial industrial parcel is equal to (1) |
single family resident unit equivalent. The tax is the annual rate ($45.07) |
multiplied by the total number of Single Family equivalents (determined by the |
frontage and square footage.) |
Agency/Councilmember Nadel made a Substitute motion, seconded by |
Agency/Councilmember Brooks to adopt the resolution on Item 16, with the |
following amendments: Reduction of the police by 11 to make it 50/50, reduce |
parcel taxes for multi unit owners, and conduct a Nexus evaluation to use car |
rental tax fees to make up for the 11 officers. |
and hearing no objections, the motion failed by the following vote 2 Ayes, 5 |
Noes- Chang, Quan, Reid, Wan and De La Fuente, 1 Abstained - Brunner |
THE SUBSTITUTE MOTION FAILED DUE TO A LACK OF AYES AND |
COUNCIL RETURNED TO THE MAIN MOTION |
and hearing no objections, the Main motion passed by Ayes: |
Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and |
President of the Council De La Fuente -7, Noes: Nadel-1 |
17
Subject: Phoenix Model Implementation Report |
From: Office of the City Attorney |
Recommendation: A Discussion and Action on a report regarding allocating costs of general |
liability claims among City agencies according to a model used by the City of Phoenix |
(04-0637) |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Wan, that this matter be Approved. 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 |
Councilmember Chang |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke and did not indicate a position on this item: |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Wan, directing staff to implement the recommendations |
of the January 6, 2004 City Council and return to the Finance and Management |
Committee in the fall with a status report on the implementation of the Phoenix |
model for the Public Works Agency and the Police Department, 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 |
18
Subject: Solar Power Project |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept and |
appropriate approximately $3,839,258 in rebates from Pacific Gas and Electric Company for |
implementing a one megawatt solar power and energy efficiency project (04-0625c) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 78735 C.M.S.
S-18.1
Subject: Solar Power Project |
From: Public Works Agency |
Recommendation: Adopt the following legislation regarding a solar power project: |
1) A Resolution authorizing the City Administrator to implement a one megawatt solar power |
and energy efficiency project by appropriating and allocating funds in the total amount of |
$7,759,500; and entering into an agreement with PowerLight Corp. in an amount not to exceed |
$7,214,338 (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM |
REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES); and (04-0625) |
Adopted
Resolution Number 78736 C.M.S. |
2) A Resolution authorizing the City Administrator to solicit, and enter into agreements for |
15-year financing in an amount not to exceed $3,138,858 and temporary construction financing |
in an amount not to exceed $1,000,000 for implementing a one megawatt solar power and |
energy efficiency project; and (04-0625a) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 78737 C.M.S. |
3) An Agency Resolution authorizing the Agency to accept a 337 kilowatt solar power system |
and other energy efficiency improvements for the Oakland Ice Center at 519 18th Street and to |
provide for annual payments not to exceed $130,000 to the City for fifteen years (04-0625b) |
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 Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
ORA Resolution Number 2004-41 C.M.S.
S-18.2
Subject: One Megawatt Solar Power Project |
From: Office of the City Auditor |
Recommendation: Receive the City Auditor's report regarding the Resolutions authorizing the |
City Administrator and Agency Administrator to implement a One Megawatt Solar Power |
Project by: Soliciting and enterning into agreements for 15-year financing and temporary |
construction financing; allocating funds in the total amount of $7,759,500; entering into an |
agreement with Powerlight Corp. in an amount not to exceed $7,214,338; accepting and |
appropriating approximately $3,839,258 in rebates from Pacific Gas and Electric Company; |
and taking related actions on behalf of the Redevelopment Agency (04-0625 ca) |
A motion was made by Councilmember Wan, seconded by Councilmember |
Reid, that this matter be *Received and Filed. 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 |
Councilmember Chang |
19
Subject: Rehabilitation of Sanitary Sewers |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to reject all bids and |
to rebid the rehabilitation of sanitary sewers in the area bounded by Crest, Michigan, 82nd |
Avenue, and MacArthur Boulevard - Subbasin 84-112, Project No. |
(C158110) using new revised standard specifications (PURSUANT TO SECTION 902-E OF |
THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 |
AFFIRMATIVE VOTES) (04-0628) |
A motion was made by Councilmember Reid, 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 |
Councilmember Chang |
Resolution Number 78738 C.M.S.
20
Subject: Tree Appeal - 6036 Contra Costa Road |
From: Public Works Agency |
Recommendation: Adopt a Resolution to amend Resolution No. 77953 C.M.S. and Tree |
Removal Permit DR01-154 Conditions of Approval regarding a Tree Removal Permit Appeal |
at 6036 Contra Costa Road (04-0630) |
A motion was made 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 |
Councilmember Chang |
Resolution Number 78739 C.M.S. |
The following individual(s) spoke in favor of this item: |
21
Subject: Assembly Bill 2782 |
From: Office of the City Attorney |
Recommendation: Adopt a Resolution declaring the City of Oakland's position on the following |
2004 State Legislation support for Assembly Bill 2782. Public Agencies, Joint Powers |
Agencies, Meetings. Assemblyman Benoit (04-0643) |
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 Absent: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Chang |
Resolution Number 78740 C.M.S
22
Subject: Oakland Workforce Investment Board - Ultimate Staffing |
From: Community and Economic Development Agency |
Recommendation: Adopt the following legislation regarding the Workforce Investment Board's |
Business Services Plan: |
1) A Resolution authorizing the appropriation of all revenues generated through the |
implementation of the Oakland Workforce Investment Board's Business Services Plan to |
business service activities; and (04-0399) |
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 |
Councilmember Chang |
Resolution Number 78741 C.M.S.
2) A Resolution authorizing a contract for professional services with Ultimate Staffing to |
provide business services on behalf of the Oakland Workforce Investment Board from July 1, |
2004 through June 30, 2005, in an amount not to exceed $350,000 (04-0399a) |
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 Abstained: 2 - Councilmember Nadel and |
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 78742 C.M.S. |
23
Subject: Closeout of 1992 Residential Recycling Agreement |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to execute an |
Agreement with California Waste Solutions (CWS) in the amount of $109,405 to pay for the |
closeout of CWS' 1992 Residential Recycling Agreement and for both parties to indemnify |
each other for any claims resulting from the provision of residential recycling services for the |
period of September 9, 1992 through May 4, 2004 (04-0552) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 78743 C.M.S.
24
Subject: Patrick Daughton and Keshonda East Perkins |
Children's Fund Planning and Oversight Committee |
From: Councilmember Brunner |
Recommendation: Adopt a Resolution reappointing Patrick Daughton and Keshonda East |
Perkins as members of the Children's Fund Planning and Oversight Committee (04-0634) |
A motion was made by Councilmember Quan, 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 |
Councilmember Chang |
Resolution Number 78744 C.M.S.
25
Subject: Nicole Franklin and Michael Lighty - City Planning Commission |
From: Office of the Mayor |
Recommendation: Adopt a Resolution reappointing Nicole Franklin and Michael Lighty as |
members of the City Planning Commission (04-0641) |
A motion was made by Councilmember Quan, 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 |
Councilmember Chang |
Resolution Number 78745 C.M.S.
26
Subject: Alfred Lee - Oakland Housing Authority |
From: Office of the Mayor |
Recommendation: Adopt a Resolution reappointing Alfred Lee as a member of the Oakland |
Housing Authority (04-0642) |
A motion was made by Councilmember Quan, 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 |
Councilmember Chang |
Resolution Number 78746 C.M.S.
S-27
Subject: City of Oakland Infrastructure Needs |
From: Public Works Agency |
Recommendation: A continued discussion and action on a follow-up report and adopt a |
Resolution establishing prioritization methods for the City of Oakland's facilities and structures, |
parks and open space, sewers, storm drains, streets sidewalks, and traffic improvement |
infrastructure needs (04-0226-1) |
A motion was made by Councilmember Reid, 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 |
Councilmember Chang |
Resolution Number 78747 C.M.S.
S-28
Subject: Summer Recess Purchase Authorizations |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution authorizing the City Administrator to take action on |
procurement of the following supplies and services exceeding $500,000 and professional |
services contracts exceeding $150,000 during the Oakland Redevelopment Agency /City |
Council 2004 Summer Recess: |
1) Authorization to negotiate and execute a professional services contract for transportation |
planning services with the selected consultant in an amount not to exceed $156,000 from the |
Fruitvale Alive Environmental Justice Grant; and (04-0612) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Nadel, 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 |
Councilmember Chang |
Resolution Number 78748 C.M.S |
2) Authorization to increase the change order limit by $115,000 on the construction contract |
with Ray's Electric for the Eastlake Streetscape and Pedestrian Enhancement Project, for a total |
contract amount not to exceed $1,909,685. (Project Number G174710) (04-0612a) |
Contract Number 04-1796
3) Authorization to award a construction contract to the lower responsible bidder for a not to |
exceed amount of one hundred fifty thousand dollars ($150,000) for the installation of |
merchant kiosks at the Frank Ogawa Plaza, without return to the Council/Agency, provided that |
if bids are not received or are non-responsive, the City/Agency Administrator may reject all |
bids and negotiate and award the contract not to exceed $150,000, without return to the |
Council/Agency, and reprogram funds for this purpose; and (04-0612b) |
Contract Number 04-1797
4) Authorization to use Redevelopment Agency funds, or alternative non-Agency funds, in the |
amount of one hundred fifty thousand dollars ($150,000) for the installation of merchant kiosks |
at the Frank Ogawa Plaza, and making supporting findings (04-0612c) |
S-29
Subject: Office Supply Vendors - Toner Cartridges |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution awarding two contracts to the lowest responsible, |
responsive bidders, Corporate Express, Inc., for miscellaneous office supplies, and Give |
Something Back for laser printer toner cartridges and recycled content, Dioxin free paper, in an |
amount not to exceed $1,100,000.00 per year in accordance with Specification No. |
07-615-00-01 for the two-year period of July 15, 2004 to June 30, 2006, and authorizing, |
without return to Council, extension of said contracts one year at a time for a total of three |
additional years (04-0588) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Nadel, 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 |
Councilmember Chang |
Resolution Number 78749 C.M.S. |
S-30
Subject: Street Tree Protection |
From: Councilmember Brunner |
Recommendation: Approve the Introduction (First Reading) of an Ordinance amending |
Oakland Municipal Code Sections 12.36.010 and 12.36.090 and adding a new Section |
12.04.400 for the purpose of further protecting Oakland's City-owned street trees (.04-0543) |
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 September 21, 2004. |
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 |
Councilmember Chang |
Resolution NumberThe following individual(s) spoke and did not indicate a |
position on this item: |
S-31
Subject: Oakland Trust for Clean Water and Safe Parks |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the implementation plans for the Oakland |
Trust for Clean Water and Safe Parks, Measure DD, Creek Restoration, Watershed Acquisition |
and Lake Merritt Water Quality Programs (04-0422) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 78750 C.M.S.
S-32
Subject: Oakland City Stables |
From: Office of Parks and Recreation |
Recommendation: Discussion and action on a report and recommendations to issue a Request |
for Proposals for the operation of Oakland City Stables and to proceed with Capital |
Improvements (04-0609) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Approved. The motion carried by the following |
vote: |
ORA\Councilmember Noes: 2 - Councilmember Nadel and Councilmember |
Brooks |
ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember |
Wan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
The following individual(s) spoke in favor of this item: |
The following individual(s) spoke and did not indicate a position on this item: |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Quan, to approve the recommendations of the July 13, |
2004 Life Enrichment Committee to approve the recommendation to proceed |
with the Request for Proposals, with no capital improvements, on Item S-32, |
Agency/Councilmember Brooks made a Substitute Motion, seconded by |
Agency/Councilmember Nadel, to approve $90,000 for capital improvements to |
the City Stables, an additional $4,000 per month for continuing operations, in |
addition to Request for Proposals, and hearing no objections, the motion failed |
by Ayes: Agency/Councilmember: Brooks, Nadel -2, Noes: Brunner, Chang, |
Reid, Quan, Wan and President of the Council De La Fuente -6 |
THE SUBSTITUTE MOTION FAILED DUE TO A LACK OF AYES AND AT |
THAT TIME COUNCIL RETURNED TO THE MAIN MOTION. |
and hearing no objections, the Main Motion passed by Ayes: |
Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and |
President of the Council De La Fuente -6 Noes: Brooks Nadel - 2 |
S-33
Subject: Cultural Service Contracts |
From: Cultural Arts and Marketing Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to enter into cultural |
services contracts with 67 Oakland-based nonprofit organizations and individual artists |
providing arts and cultural services in Oakland during Fiscal Year 2004-2005 in a total amount |
not to exceed $1,306,517 (04-0425) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 78751 C.M.S. |
S-34
Subject: Swinerton Builders - Police Administration Building |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to amend the |
professional services contract with Swinerton Builders for Construction Manager At-Risk |
Services to include the construction phase of the Police Administration Building Weak Story |
Seismic Retrofit Phase I Project and to either (1) increase the contract compensation amount by |
$8 million for a total contract amount not to exceed $8.5 million if the Federal government |
approves Federal Emergency Management Agency ("FEMA") Grant Funds for the project or, |
(2) increase the contract compensation amount by $5.5 million of Measure I funding (Bond |
funding for public safety purposes) for a total contract amount of $6 million, if FEMA grant |
funds are not approved (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS |
ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES) (04-0622) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks, Councilmember Reid and |
Councilmember Chang |
Resolution Number 78752 C.M.S. |
The following individual(s) spoke and did not indicate a position on this item: |
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 2:36 a.m. |
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