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Concurrent Meeting of the Oakland |
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Redevelopment Agency/City Council |
City of Oakland
Online Meeting Agenda
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Oakland, California |
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94612 |
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Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
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City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, September 16, 2003
Pledge of Allegiance
1
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Roll Call / ORA & Council |
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COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel, |
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Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large, |
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and President Ignacio De La Fuente, Dist. 5 |
2
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
3
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item |
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from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting |
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as a "non-consent" item. |
4
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Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
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Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a "non- |
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consent" item. (Motion Maker must have voted on "prevailing side") |
5
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Requests from Councilmember(s) to schedule an Action Item considered by Committee but |
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not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as |
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a "non-consent" item. |
6
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Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council held on July 29, 2003 |
7
8. Presentation of Ceremonial Matters
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Recommendation: Presentation of a Proclamation acknowledging service to |
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the Oakland Unified School District By Mayoral School Board Appointee Viola |
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Gonzales |
8.1
9. Council Acknowledgements / Announcements
10. CONSENT CALENDAR (CC) ITEMS:
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The following Consent Calendar items are considered to be routine and will be |
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acted upon by one motion of the City Council, unless a member of the public or |
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a Councilmember requests the opportunity to speak on an item noticed. |
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Subject: Declaration of a Local Emergency due to AIDS epidemic |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution renewing and continuing the City |
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Council's Declaration of a Local Emergency due to the existence of a critical |
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public health crisis with regard to the AIDS epidemic |
10.1
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Subject: Medical Cannabis health emergency |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution renewing the City Council's Declaration |
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of a local public health emergency with respect to safe, affordable access to |
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Medical Cannabis in the City of Oakland |
10.2
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Subject: Margaret Russell - Oakland Museum of California Foundation |
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From: Office of the Mayor |
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Recommendations: Adopt a Resolution appointing Margaret M. Russell as a |
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member of the Oakland Museum of California Foundation |
10.3
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Subject: Gloria Cox - Health and Human Services Commission |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Gloria Cox Crowell as a |
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member of the Health and Human Services Commission |
10.4
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Subject: Benjamin Scott - Budget Advisory Committee |
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Recommendation: Adopt a Resolution appointing Benjamin Scott as a |
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member of the Budget Advisory Committee |
10.5
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Subject: Gwen McDonald and Marcus Clark - Civil Service Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Gwen McDonald and re- |
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appointing Marcus Clark as members of the Civil Service Board |
10.6
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Subject: Hillery Bolt Trippe and Jean Rubsamen - Housing, |
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Residential Rent and Relocation Board |
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From: Office of the Mayor |
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Recommendation: Adopt a Resolution appointing Hillery Bolt Trippe and Jean |
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Rubsamen as members of the Housing, Residential Rent, and Relocation |
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Board |
10.7
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Recommendation: Adopt a Resolution appointing Alex Pedersen as |
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Councilmember Wan's District Two Adult Representative member of the |
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Children's Fund Planning and Oversight Committee |
10.8
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Subject: Benjamin Fay - Budget Advisory Committee |
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From: Councilmember Chang |
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Recommendation: Adopt a Resolution appointing Benjamin Fay as At-Large |
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Representative as a member of the Budget Advisory Committee |
10.9
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Subject: Marcia McClean - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Marcia McClean v. City of |
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Oakland, et al., Alameda County Superior Court Case No. 2001-023537, our |
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file no. 21563, in the amount of |
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$7,500.00 (Public Works Agency) |
10.10
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Subject: Conco Cement - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Conco Cement, in the amount |
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of $10,610.64, as a result of property damage sustained when the driver of a |
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City of Oakland vehicle rear-ended the vehicle driven by Ashley N. Watson ( |
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Oakland Police Department) |
10.11
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Subject: Antonous Boykin - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the claim of Antonous Boykin in the amount |
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of $5,600.00 as a result of a vehicle collision involving a City vehicle (Oakland |
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Police Department) |
10.12
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Subject: Jermain Jenkins, Jada Powell et. al. - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Jermain Jenkins, Jada Powell |
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as the guardian ad litem for Jatasia Jenkins, Jermain Jenkins Jr., Earsey |
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Jenkins, and their attorney of record Craig M. Boeger, Esq. in the amount of |
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twenty thousand seven hundred fifty dollars and no cents ($20,750.00), as a |
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result of bodily injuries sustained when a City employee driving a City vehicle |
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failed to stop at the red signal light and collided with the vehicle driven by |
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Jermain Jenkins (Public Works Agency) |
10.13
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Subject: Kereem Thurston - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Kereem Thurston v. City of |
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Oakland, et. al., United States District Court Case No. C-01 3839 WDB, our file |
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no. 21395, in the amount of $15,000.00; This case involves a claim of use of |
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excessive force (Oakland Police Department-Alleged Civil Rights Violation) |
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Subject: Chesarae Fletcher and Jeffrey Fletcher - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Chesarae Fletcher and Jeffrey |
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Fletcher v. City of Oakland, Superior Court, County of Alameda, Case No. |
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2002041360 in the amount of |
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$8,500.00 (Public Works Agency) |
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Subject: Daniel McClosky - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Daniel McClosky v. City of |
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Oakland, Superior Court, County of Alameda, Case No. 2002065331 in the |
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amount of $10,000.00 (Public Works Agency) |
10.16
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Subject: Progressive Insurance - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the claim of Progressive Insurance as |
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Subrogee of Beatrice Pecot in the amount of $14,063.06 as a result of a |
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vehicle collision involving a City vehicle |
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(Oakland Police Department) |
10.17
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Subject: Kerry Salisbury - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Kerry Salisbury v. City of |
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Oakland, Alameda County Superior Court No. 2002-040857, our file no. 21795, |
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a defamation and breach of contract case in the amount of $9,000.00; Mr. |
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Salisbury, a former employee, claims that comments made after his departure |
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in June 2001 were defamatory and violated a written agreement with the City ( |
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Life Enrichment Agency) |
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Subject: Jackie Stewart - Settlement Agreement |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City |
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Attorney to compromise and settle the case of Jackie Stewart v. City of |
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Oakland, Alameda County Superior Court No. 2001-035552. our file no. 21404, |
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a personal injury case in the amount of $8,500.00; Ms. Stewart tripped and fell |
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in a pothole on Lincoln Way (Public Works Agency) |
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Subject: Oakland's Stolen Gun Ordinance |
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From: Oakland Police Department |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance amending Sections 9.36.131 and 9.36.141 of the Oakland Municipal |
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Code providing a 60 day reporting period during which the owner or person in |
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possession of a firearm is required to report the theft or loss of a firearm |
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occurring between August 1, 1992 and July 30, 2002 |
(Introduction [First Reading] was approved on July 29, 2003; Vote Count 8 Ayes)
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Subject: Paul Wang Enterprises |
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From: Community and Economic Development Agency |
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Recommendation: Approve recommendations for the following legislation: |
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1 ) Approve the Final Passage (Second Reading) of an Ordinance rescinding |
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Ordinance 12223 C.M.S., and transferring ownership of six City-owned |
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properties at 2824 82nd Avenue, 8207 Golf Links Road, 8251-8329 Golf Links |
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Road, 8379 Golf Links Road, 8477 Golf Links Road, and 8395 Golf Links Road |
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to the Redevelopment Agency of the City of Oakland; and |
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2) Approve the Final Passage (Second Reading) of Ordinance rescinding |
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Ordinance 12217 C.M.S. and authorizing the negotiation and execution of a |
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Disposition and Development Agreement with Paul Wang Enterprises, to |
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provide for the sale and development of nine City-owned properties at 938 46th |
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Street, 62nd Street at Marshall Street, 1027 62nd Street, 1311 Campbell |
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Street, 820 Peralta Street, 901 70th Avenue, 1088 71st Avenue, 3214 |
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Courtland Avenue, and 2849 Kitchener Court/4291 Wilshire Boulevard, with six |
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units of affordable housing and six units of market-rate housing |
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(Introduction [First Reading] was approved on July 29, 2003; Vote Count 7 Ayes, 1 |
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Abstain - Brooks) |
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Subject: Oakland Base Reuse Authority Joint Powers Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Approve Final Passage (Second Reading) of an Ordinance |
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altering the Port area boundary to include and exclude various specified |
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parcels at and adjacent to the former Oakland Army Base |
(Introduction [First Reading] was approved on July 29, 2003; Vote Count 8 Ayes)
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Subject: Commercial Business Security Devices |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance amending the Oakland Planning Code to prohibit the use of barbed |
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wire and razor wire in the Commercial and S-1, S-2, S-3, and S-15 Zoning |
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Districts; establish fence height limits in these districts; and relocate fence |
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regulations within the Code |
(Introduction [First Reading] was approved on July 29, 2003; Vote Count 8 Ayes)
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Subject: 9507 Edes Avenue - Disposition and Development |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance rescinding Ordinance No. 12219 C.M.S., and authorizing the sale of |
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the City-owned property at 9507 Edes Avenue to the Redevelopment Agency |
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at its fair market value; and |
(Introduction [First Reading] was approved on July 29, 2003; Vote Count 8 Ayes)
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Subject: Palo Seco Substation Expansion |
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From: Community and Economic Development Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an |
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Ordinance authorizing the City Manager to enter into a purchase and sales |
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agreement in the amount of six thousand three hundred dollars ($6,300.00) |
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with Pacific Gas and Electric Company to grant a permanent easement for |
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expansion of Palo Seco Substation to provide emergency back up power to the |
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Oakland Hills over the City owned property located on Monterey Blvd. (APN: |
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029A 1330 034 00) |
(Introduction [First Reading] was approved on July 29, 2003; Vote Count 8 Ayes)
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
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An oral report from the Agency Counsel / City Attorney of final decisions made during Closed |
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Session |
11
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A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
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Sunshine Ordinance |
12
Reconsideration of Ordinances pursuant to Charter Section 216
13
Consideration of items with statutory Public Hearing Requirements:
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Subject: Delinquent Real Property Transfer Taxes - Public Hearing |
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From: Finance and Management Agency |
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Recommendation: Conduct a Public Hearing regarding the assessment of liens |
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for Delinquent Real Property Transfer Taxes and upon conclusion adopt one of |
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the following Resolutions: |
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1) Adopt a Resolution accepting and confirming reports of the Interim City |
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Manager on the costs incurred by the City of Oakland for delinquent real |
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property transfer taxes, and confirming the recordation of liens, administrative |
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charges, and assessment charges, as necessary, pursuant to Chapter 4.20 of |
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the Oakland Municipal Code, and directing the notice of lien and assessment |
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charges to be turned over to the County Tax Collector for collection; or |
14
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2) Adopt a Resolution overruling protests and objections, and accepting and |
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confirming reports of the Interim City Manager on the costs incurred by the City |
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of Oakland for delinquent real property transfer taxes, and authorizing the |
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recordation of liens, administrative charges as necessary - pursuant to Chapter |
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4.20 of the Oakland Municipal Code, and directing the notice of lien and |
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assessment charges to be turned over to the County Tax Collector for |
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3) Adopt a Resolution continuing hearing on reports of the Interim City |
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Manager on the delinquent real property transfer taxes and confirming the |
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recordation of liens, admininstrative charges, and assessment charges as |
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necessary pursuant to Chapter 4.20 of the Oakland Municipal Code, and |
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directing the notice of lien and assessment charges to be turned over to the |
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Alameda County Tax Collector for collection |
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Subject: Delinquent Business Taxes - Public Hearing |
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From: Finance and Management Agency |
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Recommendation: Conduct a Public Hearing regarding the assessment of liens |
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for Delinquent Business Tax and upon conclusion adopt one of the following |
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Resolutions: |
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1) Adopt a Resolution accepting and confirming reports of the Interim City |
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Manager on the costs incurred by the City of Oakland for delinquent business |
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taxes and confirming the recordation of liens, administrative charges and |
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assessment charges as necessary - pursuant to Title 5, Chapter 5.04 of the |
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Oakland Municipal Code, and directing the notice of lien and assessment |
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charges to be turned over to the County for collection; or |
15
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2) Adopt a Resolution overruling protests and accepting and confirming |
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reports of the Interim City Manager on the delinquent business taxes, and |
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confirming the recordation of liens, administrative charges, and assessment |
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charges as necessary, pursuant to Title 5, Chapter 5.04 of the Oakland |
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Municipal Code, and directing the notice of lien and assessment charges to be |
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turned over to the County Tax Collector for collection; or |
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3) Adopt a Resolution continuing hearing on reports of the Interim City |
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Manager on the delinquent business taxes, and confirming the recordation of |
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liens, administrative charges and assessment charges, as necessary, pursuant |
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to Title 5, Chapter 5.04 of the Oakland Municipal Code |
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Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
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From: Finance and Management Agency |
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Recommendation: Conduct a Public Hearing regarding Delinquent Mandatory |
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Garbage Fees for April - June 2003, quarterly accounts and January - March |
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2003 monthly accounts and upon conclusion adopt one of the following |
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Resolutions: |
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1) Adopt a Resolution accepting and confirming reports of the Interim City |
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Manager on the costs incurred by the City of Oakland for delinquent garbage |
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service fees, and confirming the recordation of liens, administrative charges, |
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and assessment charges, as necessary, pursuant to Chapter 8.28 of the |
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Oakland Municipal Code, and directing the notice of lien and assessment |
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charges to be turned over to the County Tax Collector for collection; or |
16
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2) Adopt a Resolution overruling protests and objections, and accepting and |
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confirming reports of the Interim City Manager on the costs incurred by the City |
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of Oakland for delinquent garbage service fees, and authorizing the |
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recordation of liens, administrative charges, as necessary, pursuant to Chapter |
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8.28 of the Oakland Municipal Code, and directing the notice of lien and |
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assessment charges to be turned over to the County Tax Collector for |
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collection; or |
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3) Adopt a Resolution continuing hearing on reports of the Interim City |
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Manager on the delinquent garbage service fees, and confirming the |
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recordation of liens, administrative charges, and assessment charges, as |
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necessary, pursuant to Chapter 8.28 of the Oakland Municipal Code, and |
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directing the notice of lien and assessment charges to be turned over to the |
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Alameda County Tax Collector for collection |
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Subject: Delinquent Transient Occupancy Taxes - Public Hearing |
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From: Finance and Management Agency |
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Recommendation: Conduct a Public Hearing regarding the assessment of liens |
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for Delinquent Transient Occupancy Taxes and upon conclusion adopt one of |
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the following Resolutions: |
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1) Adopt a Resolution accepting and confirming reports of the Interim City |
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Manager on the costs incurred by the City of Oakland for Delinquent Transient |
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Occupancy Taxes and confirming the recordation of liens, administrative |
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charges, and assessment charges as necessary pursuant to Title 4, Chapter |
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4.24 of the Oakland Municipal Code, and directing the notice of lien and |
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assessment charges to be turned over to the County for collection; or |
17
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2) Adopt a Resolution overruling protests and accepting and confirming |
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reports of the Interim City Manager on the Delinquent Transient Occupancy |
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Taxes and confirming the recordation of liens, administrative charges and |
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assessment charges as necessary pursuant to Title 4, Chapter 4.24 of the |
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Oakland Municipal Code, and directing the notice of lien and assessment |
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charges to be turned over to the County Tax Collector for collection; or |
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3) Adopt a Resolution continuing hearing on reports of the Interim City |
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Manager on the Delinquent Transient Occupancy Taxes and confirming the |
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recordation of liens, administrative charges and assessment charges as |
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necessary pursuant to Title 4, Chapter 4.24 of the Oakland Municipal Code |
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Subject: Sewer Service Charge Increase - Public Hearing |
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From: Public Works Agency |
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Recommendation: Conduct a Public Hearing and upon conclusion approve the |
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Introduction (First Reading) of an Ordinance amending Chapter 13 of the |
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Oakland Municipal Code (Section 13.04.020) increasing the sewer service |
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charge and providing for annual increases of eleven percent through January 1 |
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, 2009 and increases based on the Consumer Price Index thereafter |
18
(Final Passage [Second Reading] has been scheduled for September 30, 2003)
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Subject: Tree Removal Appeal - Lot 2006-Moore Drive - Public Hearing |
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From: Office of Parks and Recreation |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
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Resolution denying the appeal filed by Ken Paskow and Sheryl Klein against |
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the decision of the Director of the Office of Parks and Recreation approving the |
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issuance of tree removal permit DR03-068 (Lot 2006, Moore Drive) |
19
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Subject: Tree Removal Appeal - 5812 Ayala Avenue - Public Hearing |
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From: Office of Parks and Recreation |
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Recommendation: Conduct a Public Hearing and upon conclusion adopt a |
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Resolution denying the appeal filed by John Wagers against the decision of the |
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Director of the Office of Parks and Recreation approving the issuance of tree |
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removal permit DR03-067 (5812 Ayala Avenue) |
20
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(Items 19 and 20 were withdrawn with no new date at the September 11, 2003, Rules |
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and Legislation Committee) |
ACTION ON NON-CONSENT ITEMS:
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Subject: Education Partnership Committee Meetings |
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From: Councilmember Chang |
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Recommendation: Approve a report recommending to hold in abeyance future |
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meetings of the Education Partnership Committee |
21
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Recommendation: The July 17, 2003, Rules and Legislation Committee approved |
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recommendation; 4 Ayes. |
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(This item was withdrawn and rescheduled from the July 29, 2003, City Council meeting |
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as a non-consent item) |
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Subject: CDBG District Boundaries Adjustments |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution to amend Resolution No. 76276 C.M.S. |
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to extend the term of elected Community Development District Board and |
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Citizens Advisory Committee members to two-years; and to realign Community |
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Development District boundaries based upon the new low and moderate |
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income block group determinations from the 2000 Census data and the |
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redistricting of City Council District boundaries |
22
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(This item was withdrawn at the September 11, 2003, Rules and Legislation Committee |
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and rescheduled for the September 30, 2003 City Council meeting) |
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Subject: Downtown Tenant Improvement Program |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution adopting the Downtown |
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Tenant Improvement Program participation criteria to provide matching grants |
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to targeted retail, restaurants, arts and entertainment catalyst projects |
23 ORA
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Recommendation: The July 22, 2003, Community and Economic Development |
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Committee approved recommendation; 4 Ayes. |
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(This item was rescheduled from the July 29, 2003, City Council meeting as a non- |
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consent item) |
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Subject: Establishing Prohibitions on False Endorsements in Campaign |
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Literature |
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From: Public Ethics Commission |
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Recommendation: Approve the Introduction (First Reading) of an Ordinance |
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establishing prohibitions on false endorsements in campaign literature |
24
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approved recommendation; 4 Ayes. |
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(Final Passage [Second Reading] has been scheduled for September 30, 2003) |
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Subject: Fenton's Creamery |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution denying the appeal of E. Felizardo and |
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upholding the Planning Commission decision to approve the Design Review |
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and variances for the restoration and rehabilitation of Fenton's Creamery at |
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4226 Piedmont Avenue and further directing the Planning Commission to |
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review all aspects of Fenton's current facility and to make appropriate |
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determinations concerning conformity with the applicable provisions of the |
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Zoning Code pertaining to legal non-conforming uses |
25
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Recommendation: The July 29, 2003 City Council meeting directed staff to prepare the |
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above resolution; 8 Ayes. |
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Subject: Opposition to Proposition 54 |
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From: Vice Mayor Nadel and Councilmember Wan |
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Recommendation: Adopt a Resolution of the Oakland City Council declaring |
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its opposition to Proposition 54, the initiative /constitutional amendment |
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prohibiting the collection and use of information about race, ethnicity, color or |
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national origin by state and local governments, public universities, and school |
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districts. |
26
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Time Sensitive: This item was forwarded directly to the Council agenda due to its time- |
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sensitive nature and in accordance with the City Council Rules and Procedures, Rule |
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23 |
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Subject: Safe Routes to School Second Cycle Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Manager to award |
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a construction contract in an amount not to exceed $370,000.00 to the lowest |
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responsive bidder for the Safe Routes to School Second Cycle Project (City |
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Project No. G219210, Federal Project No. STPLHSR-5012(063)), without |
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return to Council" |
27
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Subject: Installations of Stop Signs |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution approving the installation of stop signs |
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on Bancroft and 77th Avenue |
28
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Subject: Central City East Redevelopment Project Area Committee (PAC) |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution amending the procedure of formation |
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for the Central City East Redevelopment Project Area Committee to replace |
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the Melrose High Hopes Neighborhood Crime Prevention Council with the |
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Yorkshire Neighborhood Association |
29
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Subject: Port of Oakland's Conflict of Interest Code |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution approving a Conflict of Interest Code |
30
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for designated employees of the Port of Oakland |
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Subject: Advancing California's Emerging Technologies (ACET) |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Agency Resolution authorizing an owner |
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participation agreement with Advancing California's Emerging Technologies ( |
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ACET) for the development of a high-technology business incubator facility in |
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the Coliseum Project Area, and the contribution of $1,610,000 in Agency funds |
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to the project |
31 ORA
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(This item was withdrawn with no new date at the September 11, 2003, Rules and |
|
Legislation Committee) |
Continuation of Open Forum
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ADJOURNMENT OF COUNCIL SESSION |
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(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
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Council) |
