Meeting Minutes
City of Oakland
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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
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Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council |
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1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
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City of Oakland Website: http://www.oaklandnet.com |
Tuesday, October 17, 2006
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
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A meeting of the Joint Oakland Redevelopment Agency and City Council was |
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held on the above date. Opening with the Pledge of Allegiance, the meeting |
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was convened at 6:07pm |
2
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Roll Call / ORA & Council |
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COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel, |
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Dist. 3; Vice Mayor Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry |
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Chang, At-Large, and President Ignacio De La Fuente, Dist. 5 |
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ORA\Councilmember Present: 8 - Councilmember Chang, Councilmember |
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Nadel, Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
3
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
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The following individual(s) spoke under Open Forum: |
4
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Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
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item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
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meeting as a non-consent item. |
There was no action necessary for this item.
5
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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 |
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non-consent item. (Motion Maker must have voted on prevailing side) |
There was no action necessary for this item.
6
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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 |
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as a non-consent item. |
There was no action necessary for this item.
7
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Approval of the Draft Minutes from the Special and Regular Concurrent Meeting of the |
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Oakland Redevelopment Agency/City Council held September 14, 2006 and October 3, |
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2006 |
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Chang, to *Approve as Submitted. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Recognition Of Brent Clearman |
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From: Councilmember Larry Reid |
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Recommendation: Adopt A Resolution In Tribute And Honor Of the Life Of California |
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Highway Patrol Officer, Brent W. Clearman (06-0680) |
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Chang, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
8.2
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Subject: American Public Works Association Accreditation |
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From: Public Works Agency |
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Recommendation: Hear A Presentation To The Public Works Agency For Achieving National |
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Accreditation By The American Public Works Association on August 15, 2006 (06-0783) |
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Council heard a presentation regarding the American Public Works |
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Association Accreditation awarded to the City of Oakland's Public Works |
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Agency. |
8.3
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Subject: Oakland Wildfire Prevention Day |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Proclaiming October 21, 2006, And, Annually, The |
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Third Saturday In October, As Wildfire Prevention Day In The City Of Oakland (06-0760) |
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A motion was made by Vice Mayor Quan, seconded by Councilmember |
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Brunner, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
8.4
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Subject: Anniversary of Women's Right to Vote |
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From: Councilmember Nancy Nadel |
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Recommendation: Adopt A Resolution in Recognition Of The 95th Anniversary Of Women In |
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California Winning The Right To Vote (06-0801) |
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A motion was made by Councilmember Nadel, seconded by Vice Mayor |
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Quan, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
8.5
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Subject: National Save For Retirement Week |
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Recommendation: Adopt A Resolution Declaring October 22 Through October 28, 2006 As |
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National Save For Retirement Week (06-0808) |
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A motion was made by Vice Mayor Quan, seconded by Councilmember |
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Chang, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Absent: 1 - Councilmember Brunner |
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ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Vice Mayor Quan, President of the Council De La |
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Fuente, Councilmember Brooks and Councilmember Reid |
8.6
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Subject: Celebrating And Honoring The Oakland Athletics |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Celebrating And Honoring The Oakland Athletics |
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Baseball Team On Winning The American League West Division (06-0817) |
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A motion was made by Vice Mayor Quan, seconded by President of the |
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Council De La Fuente, that this matter be Adopted. The motion carried by |
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the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
8.7
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Subject: American Indian Public Charter School Recognition |
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From: Council President De La Fuente and Vice Mayor Quan |
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Recommendation: Adopt A Resolution To Commend The American Indian Public Charter |
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School For Being Recognized By The United States Department Of Education As A 2006 Blue |
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Ribbon School (06-0847) |
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A motion was made by Vice Mayor Quan, seconded by President of the |
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Council De La Fuente, that this matter be Adopted. The motion carried by |
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the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
S-8.8
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Subject: Domestic Violence Awareness Month |
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From: Vice Mayor Jean Quan |
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Recommendation: Adopt A Resolution Proclaiming October 2006 |
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Domestic Violence Awareness Month (06-0853) |
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A motion was made by Vice Mayor Quan, seconded by Councilmember |
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Nadel, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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Agency/Councilmember Brunner made a motion seconded by |
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Agency/Councilmember Chang to approve an urgency finding pursuant to |
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Section 2.20.080 E(2) regarding Item S-8.8 that there is a need to take |
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immediate action which came to the attention of the local body after the agenda |
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was posted, and that the need to take immediate action relates to a purely |
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ceremonial or commendatory action. |
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The following individual(s) spoke and did not indicate a position on this item: |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
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Agency/Councilmember Quan took a point of personal privilege and requested |
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that the meeting be adjourned in memory of Doreen Schafer |
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Agency/Councilmember Brooks took a point of personal privilege and |
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requested that the meeting be adjourned in memory of Jim Elliott |
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
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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 Council's |
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Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis |
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With Regard To The AIDS Epidemic (06-0832) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.2-CC
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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 Of A Local |
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Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In |
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The City Of Oakland (06-0833) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.3-CC
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Subject: Rabbitt V. 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 Attorney To |
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Compromise And Settle The Case Of Rabbitt V. City Of Oakland, Alameda County Superior |
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Court Case No. RG05-220797 In The Amount Of $10,000 (Public Works Agency) (06-0834) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
10.4-CC
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Subject: Garcia V. 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 Attorney To |
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Compromise And Settle The Case Of Garcia V. City Of Oakland, Alameda County Superior |
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Court Case No. RG05-244000 In The Amount Of $10,000 (Oakland Fire Department) |
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(06-0835) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.5-CC
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Subject: Pauline Nunes V. 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 Attorney To |
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Compromise And Settle The Case Of Pauline Nunes V. City Of Oakland, Et Al., Superior |
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Court, County Of Alameda, Case No. RG04174124, In The Amount Of $10,000.00 As A |
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Result Of A Trip And Fall Accident In The Vicinity Of Sixth Street Between Washington And |
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Clay Streets On July 21, 2003 (Public Works Agency - Trip And Fall Accident) (06-0836) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.6-CC
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Subject: Wayne Russo V. 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 Attorney To |
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Compromise And Settle The Case Of Wayne Russo, Guardian Ad Litem For Rosie Russo V. |
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City Of Oakland, Alameda County Superior Court Case No. 2001-018706, Our File No. |
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990874 In The Amount Of $16,000.00. This Case Involves An Automobile Collision Between |
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A City Of Oakland Vehicle And A Vehicle In Which Plaintiff Was A Passenger (Public Works |
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Agency) (06-0837) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.7-CC
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Subject: Leona C. Savoy - Settlement |
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From: Office of the City Attorney |
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Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
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Compromise And Settle The Claim Of Leona C. Savoy And John L. Burris, Her Attorney Of |
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Record In The Amount Of Seven Thousand Nine Hundred Thirty One Dollars And Forty Four |
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Cents ($7,931.44), As A Result Of Damages Sustained To Ms. Savoy's Vehicle Due To Bullets |
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From Oakland Police Officers Service Revolvers On March 11, 2006 (Oakland Police |
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Department) (06-0848) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
10.8-CC
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Subject: Juan Carlos Guizar Ochoa - Settlement |
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From: Office of the City Attorney |
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Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
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Compromise And Settle The Case Of Juan Carlos Guizar Ochoa v. City Of Oakland, Alameda |
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County Superior Court No. RG03132516, Our File No. 23462, In The Amount Of $30,000.00 |
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(Public Works Agency - Motor Vehicle Accident) (06-0849) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.9-CC
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Subject: Final Map For Tract 7582 |
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From: Community and Economic Development Agency |
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Recommendation: Adopt The Following Pieces of Legislation: |
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1) A Resolution Conditionally Approving The Final Map For Tract 7582 For The Sausal Creek |
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Homes Subdivision At 2470 26th Avenue And Conditionally Accepting Irrevocable Offers Of |
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Dedication For On-Site Public Access And Public Utility Easements; And (06-0696) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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2) A Resolution Conditionally Approving A Subdivision Improvement Agreement With |
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Homeplace Initiatives, Inc. For the Final Map For Tract 7582 For The Sausal Creek Homes |
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Subdivision For Construction Of Public Infrastructure Improvements At 2470 26th Avenue |
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(06-0696-1) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.10-CC
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Subject: Final Map For Tract 7664 |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Conditionally Approving The Final Map For Tract 7664 |
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To Convert Twenty-Two Rental Housing Units To Residential Condominiums At 5400 |
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Broadway Terrace (06-0796) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.11-CC
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Subject: Association Of Bay Area Governments Appointments |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Re-Appointing Councilmembers Jane Brunner, Nancy |
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Nadel, And Jean Quan To The Board Of The Association Of Bay Area Governments (ABAG) |
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And Appointing Councilmember Patricia Kernighan As An Alternate For The Two-Year Term |
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Commencing On July 1, 2006 And Ending On June 30, 2008 (06-0793) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
10.12-CC
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Subject: Tassafaronga Village Residential Project |
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From: Community and Economic Development Agency |
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Recommendation: Approve The Following Pieces Of Legislation: |
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1) Final Passage (Second Reading) Of An Ordinance Adopting The Fifth Amendment To The |
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Coliseum Area Redevelopment Plan Amending The Land Use Designation For A Portion Of |
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The 191-Unit Tassafaronga Village Residential Project Site Located At 968 - 81st Avenue, A |
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0.03-Acre Portion Of 966 - 81st Avenue And A 0.141-Acre Tax Default Parcel (APN |
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042-4206-0047-00) From Manufacturing To Mixed Housing Type; And (06-0715-2) |
This Matter was Approved for Final Passage on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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2) Final Passage (Second Reading) Of An Ordinance Rezoning A Portion Of The 191-Unit |
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Tassafaronga Village Residential Project Site Located At 968 - 81st Avenue, A 0.03-Acre |
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Portion Of 966 - 81st Avenue And A 0.141 -Acre Tax Default Parcel (APN 042-4206-0047-00) |
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From The M-30 General Industrial Zone To The R-50 Medium Density Residential Zone |
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(06-0715-3) |
This Matter was Approved for Final Passage on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
10.13-CC
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Subject: Project Priority Funds - District Five |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Immediately Allocating $100,000 From The Priority |
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Project Funds Of City Council President Ignacio De La Fuente To Oakland's Chabot Space And |
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Science Center (06-0806) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
S-10.14
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Subject: Active Network Contract |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Waive The |
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City's Competitve Bidding And Award Process, Authorize A Solicitation Of Proposals Process |
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And Negotiation of A Contract With Active Network, In An Amount Not-To-Exceed |
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$250,000.00 To Purchase An Enterprise Point-Of-Sale (POS) System Which Will Automate |
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The Cash Handling Process Within The City Of Oakland (TITLE CHANGE) (06-0792) |
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Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
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Redevelopment Agency / City Council on 10/31/2006 |
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Subject: Parking Violation Penalties |
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From: Finance and Management Agency |
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Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending |
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Oakland Municipal Code Chapter 10.48 "Parking Fines" To Add Section 10.48.030 |
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Authorizing A Fee For The Collection Of Delinquent Penalty Payments And Amending |
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Ordinance No. 12676 C.M.S., The Master Fee Schedule, To Add Special Costs Of Collecting |
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Parking Violation Penalties Fees (06-0795) |
This Matter was Adopted on the Consent Agenda.
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
Passed The Consent Agenda
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Chang, including all the preceding items marked as having been adopted |
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on the Consent Agenda. The motion carried by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
11
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An oral report from the Agency Counsel / City Attorney of final decisions made during |
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Closed Session |
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Chang, to *Approve as Submitted. The motion carried by the following |
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vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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The following individual(s) spoke and did not indicate a position on this item: |
12
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A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
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Sunshine Ordinance |
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Chang, to *Approve as Submitted that there were no discussions pursuant |
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to Section 15 of the Sunshine Ordinance, The motion carried by the |
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following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
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Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
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President of the Council De La Fuente, Councilmember Brooks and |
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Councilmember Reid |
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COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
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THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
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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 For |
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Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of |
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Legislation: |
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1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs |
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Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The |
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Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant |
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To Chapter 5.04 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 Collection; or |
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(06-0043) |
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Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was |
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opened at 7:16pm |
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The following individual(s) spoke and did not indicate a position on this item: |
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Agency/Councilmember Quan made a motion, seconded by |
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Agency/Councilmember Reid, to close the Public Hearing, and hearing no |
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objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
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Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council |
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De La Fuente -8 |
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2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports |
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Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent |
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Business Taxes And Authorizing The Recordation Of Liens With Administrative And |
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Assessment Charges As Necessary - Pursuant To Chapter 5.04 of The Oakland Municipal |
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Code, And Directing the Notice Of Lien And Assessment Charges Be Turned Over To The |
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County Tax Collector For Collection (06-0043-1) |
Not Adopted
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3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent |
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Business Taxes, And The Recordation Of Liens With Admnistrative And Assessment Charges |
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As Necessary - Pursuant To Chapter 5.04 Of The Oakland Municipal Code (06-0043-2) |
Not Adopted
14.2
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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 For |
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Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The Following |
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Resolutions: |
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1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs |
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Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Confirming |
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The Recordation Of Liens With Administrative And Assessment Charges As Necessary - |
|
Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien |
|
And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or |
|
(06-0044) |
|
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
|
opened at 7:19 |
|
The following individual(s) spoke and did not indicate a position on this item: |
|
Agency/Councilmember Quan made a motion, seconded by |
|
Agency/Councilmember Reid, to close the Public Hearing, and hearing no |
|
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
|
Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council |
|
De La Fuente -8 |
|
2) A Resolution Overruling Protests And Objectections And Accepting And Confirming |
|
Reports Of The City Administrator On The Costs Incurred By the City Of Oakland For |
|
Delinquent Transient Occupancy Taxes And Authorizing The Recordation Of Liens With |
|
Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The |
|
Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be |
|
Turned Over To The County Tax Collector For Collection; Or (06-0044-1) |
Not Adopted
|
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On The |
|
Delinquent Transient Occupancy Taxes And The Recordation Of Liens With Administrative |
|
And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal |
|
Code (06-0044-2) |
Not Adopted
14.3
|
Subject: Three New Housing And Business Mix Zoning Designations |
|
From: Community And Economic Development Agency |
|
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following |
|
Pieces of Legislation: |
|
1) Approve The Introduction (First Reading) Of An Ordinance To Adopt 1) Adopting |
|
Amendments To The Zoning Regulations That Create Three New Housing And Business Mix |
|
(HBX) Zoning Designations; 2) Adopting A Design Guidelines Manual Associated With The |
|
New HBX Zoning Designations; 3) Amending The Zoning Maps To Include The New HBX |
|
Zones; And 4) Amending The Document "Guidelines For Determining Project Conformity |
|
With The General Plan And Zoning Regulations" To Reflect The New Zones (TITLE |
|
CHANGE); And (06-0591) |
|
A motion was made by Councilmember Nadel, seconded by Vice Mayor |
|
Quan, 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 October 31, 2006 as amended to allow |
|
permitted activities for Consumer Laundry and Repair Service to be |
|
granted upon approval of a conditional use permit; in section 17.65.080 |
|
changing the non-residential and residential maximum floor area ratios to |
|
1.75 in HBX-1 zones; and adding language to section 17.65.120 "C" to |
|
stipulate "Side Yard - Interior Lot Line 1. The minimum side yard width |
|
along each interior side lot line abutting a side lot line of a lot containing |
|
one or two dwelling units shall be five feet. This requirement shall only |
|
apply to lots with frontage on Lowell Street." The motion carried by the |
|
following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was |
|
opened at 7:20 pm |
|
The following individuals spoke under this item: |
|
Agency/Councilmember Nadel 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, Kernighan, Nadel, Reid, Quan, and President of the Council |
|
De La Fuente -8 |
|
2) A Resolution Amending The Land Use And Transportation |
|
Element Of The General Plan To Clarify And Refine The Housing And Business Mix General |
|
Plan Portions Of The Land Use Diagram (06-0591-1) |
|
A motion was made by Councilmember Nadel, seconded by Vice Mayor |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
ACTION ON NON-CONSENT ITEMS:
15
|
Subject: Inclusionary Housing Ordinance |
|
From: Councilmember Brunner |
|
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding Chapter |
|
17.109 To The Oakland Planning Code To Establish An Inclusionary Housing Requirement |
|
And Establish Two New Homeowernship Programs For Oakland Teachers, Making Related |
|
Amendments To The Oakland Planning Code, Amending Section 15.68.100 Of The Oakland |
|
Municipal Code To Permit Affordable Housing Trust Funds To Be Used To Administer And |
|
Enforce The Inclusionary Housing Requirement, And Amending The Master Fee Schedule To |
|
Establish An Inclusionary Housing In-Lieu Fee; And (06-0838) |
|
Continued to Concurrent Meeting of the Oakland Redevelopment Agency / |
|
City Council on 10/31/2006 |
|
The following individual(s) spoke on this item: |
|
Adopt An Agency Resolution Restricting The Use Of Low And Moderate Income Housing |
|
Funds To Units For Households At 60% Of Area Median Income, With A Preference For |
|
Households At 30% Of Area Median Income (06-0846) |
|
Continued to Concurrent Meeting of the Oakland Redevelopment Agency / |
|
City Council on 10/31/2006 |
|
Councilmember Brunner made a motion which was seconded by |
|
Councilmember Quan to introduce the ordinance and adopt the accompanying |
|
resolution on item 15. Councilmember Nadel proposed an amendment which |
|
provides an additional whereas: "Whereas it is known from historical |
|
development practices that isolating people by income (concentrating poverty), |
|
results in retail flight and poor school outcomes, our preference for a healthy |
|
community is for mixed income developments;". |
|
Councilmember Brooks made a SUBSTITUTE motion which was seconded by |
|
Councilmember Reid to instead of introducing the ordinance, establish a blue |
|
ribbon commission charged with developing recommendations for a |
|
comprehensive Inclusionary Zoning Ordinance for the entire City of Oakland |
|
no later than January 31, 2007. (The full text of the motion is included as |
|
Attachment B of these minutes.) Brooks' substitute motion resulted in a tie vote: |
|
4 Ayes - Brooks, Reid, Chang and President De La Fuente; 4 Noes - Brunner, |
|
Kernighan, Nadel and Quan. |
|
Pursuant to City Charter Section 200, which provides that "the Mayor shall |
|
have a vote on the Council if the councilmembers are evenly divided", and Rule |
|
29 of the Council's Rules of Procedure, Resolution No. 79006 C.M.S. the item |
|
automatically was continued to the Council's next regularly scheduled meeting |
|
solely for the purpose of allowing the Mayor to cast a vote on the substitute |
|
motion. |
S-16
|
Subject: Lake Merritt Municipal Boathouse - Proposed Tenant Improvements |
|
From: Community And Economic Development Agency |
|
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
|
Authorizing The City Administrator To Negotiate And Execute Leases With The Owner Of |
|
The Beach Chalet Restaurant, And If Such Negotiations Fail Then Proceed To Negotiate And |
|
Execute Leases With Other Qualified Restaurant Operators, For A Restaurant In 9,216 Square |
|
Feet Of Restaurant Space Plus All Basement Areas Of The Lake Merritt Municipal Boathouse |
|
Located At 1520 Lakeside Drive, Oakland, Without Returning To Council (06-0630) |
|
A motion was made by Councilmember Kernighan, seconded by |
|
Councilmember Nadel, that this matter be Approved for Final Passage. |
|
The motion carried by the following vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Nadel |
|
ORA\Councilmember Noes: 2 - Councilmember Brooks and Councilmember |
|
Reid |
|
ORA\Councilmember Ayes: 5 - Councilmember Chang, Councilmember |
|
Kernighan, Councilmember Brunner, Vice Mayor Quan and President of the |
|
Council De La Fuente |
|
The following individual(s) spoke on this item: |
|
Council moved, seconded and carried a motion to extend the meeting past |
|
10:30pm |
17
|
Subject: Violent Death Reporting System |
|
From: Oakland Police Department |
|
Recommendation: Receive An Informational Report from the Alameda County Public Health |
|
Department "Violence in Oakland" A Public Health Crisis, Violent Death Reporting System |
|
2002-2004 (06-0727) |
|
A motion was made by Councilmember Chang, seconded by |
|
Councilmember Reid, that this matter be *Received and Filed. The motion |
|
carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
The following individual(s) spoke on this item: |
|
Staff were further directed to schedule an informational report and presentation |
|
through Rules that identified programs for that help and assist with violence |
|
prevention as addressed by Measure Y. Staff were also directed to perform |
|
research on the pending legislation that inhibits/prohibits cross jurisdictional |
|
gun tracking. |
18
|
Subject: East Bay Municipal Utility District -Agreement |
|
From: Finance and Management Agency |
|
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And |
|
Execute A License Agreement With East Bay Municipal Utility District ("EBMUD") For The |
|
Amount Of Zero Dollar ("$0") For The Purpose Of Permitting The City To Place A Public |
|
Safety Radio Tower, Portable Structure And Associated Equipment At The Gwin Reservoir |
|
Site, Located Off Grizzly Peak Boulevard Near Marlborough Terrace (06-0794) |
|
A motion was made by Councilmember Nadel, seconded by Vice Mayor |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Brunner |
|
ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Vice Mayor Quan, President of the Council De La |
|
Fuente, Councilmember Brooks and Councilmember Reid |
19
|
Subject: Sworn Police Officers |
|
From: Finance and Management Agency |
|
Recommendation: Adopt A Resolution To Adopt Rules And Regulations Governing |
|
Employer-Employee Relations In City Government Applicable To Sworn Police Officers |
|
(06-0845) |
|
A motion was made by Councilmember Reid, seconded by Councilmember |
|
Brooks, that this matter be Adopted as Amended. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Brunner |
|
ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Vice Mayor Quan, President of the Council De La |
|
Fuente, Councilmember Brooks and Councilmember Reid |
|
The following individual(s) spoke and did not indicate a position on this item: |
S-20
|
Subject: McKillop Roadway - Landslide Damage |
|
From: Public Works Agency |
|
Recommendation: Adopt A Resolution Confirming The Existence Of A Local Emergency |
|
Declared By The City Administrator On October 15, 2006, Due To Landslide Damage To |
|
McKillop Roadway (06-0860) |
|
A motion was made by Councilmember Chang, seconded by Vice Mayor |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
|
ORA\Councilmember Absent: 1 - Councilmember Reid |
|
ORA\Councilmember Ayes: 6 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan and |
|
President of the Council De La Fuente |
|
Agency/Councilmember Chang made a motion seconded by |
|
Agency/Councilmember Quan to approve an urgency finding pursuant to |
|
Section 2.20.080 E(2) regarding Item 20 that there is a need to take immediate |
|
action which came to the attention of the local body after the agenda was |
|
posted, and that the need to take immediate action is required to avoid a |
|
substantial adverse impact that would occur if the action were deferred to a |
|
subsequent special or regular meeting. |
|
The following individual(s) spoke and did not indicate a position on this item: |
S-21
|
Subject: Abatement Of Impending Peril |
|
From: Public Works Agency |
|
Recommendation: Adopt A Resolution Declaring The Abatement Of An Impending Peril And |
|
Authorizing Immediate Action To Prevent Landslide Damage To McKillop Road In Oakland |
|
(06-0861) |
|
A motion was made by Councilmember Chang, seconded by Vice Mayor |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
|
ORA\Councilmember Absent: 1 - Councilmember Reid |
|
ORA\Councilmember Ayes: 6 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan and |
|
President of the Council De La Fuente |
|
Agency/Councilmember Chang made a motion seconded by |
|
Agency/Councilmember Quan to approve an urgency finding pursuant to |
|
Section 2.20.080 E(2) regarding Item 21 that there is a need to take immediate |
|
action which came to the attention of the local body after the agenda was |
|
posted, and that the need to take immediate action is required to avoid a |
|
substantial adverse impact that would occur if the action were deferred to a |
|
subsequent special or regular meeting. |
S-22
|
Subject: Oil Independent Oakland |
|
From: Councilmember Nadel |
|
Recommendation: Adopt A Resolution Creating A Task Force Composed Of Eleven (11) |
|
Appointees - Eight (8) By The City Council And Three (3) By The Mayor, Representing |
|
Various Fields Of Expertise - That Will Draft And Submit A Plan For Oakland To Become Oil |
|
Independent By 2020 (06-0763) |
|
A motion was made by Councilmember Nadel, seconded by Vice Mayor |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
The following individual(s) spoke on this item: |
S-23
|
Subject: Annual Assessment Rockridge Business Improvement District |
|
From: Community And Economic Development Agency |
|
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal |
|
Year 2007-2008 For The Rockridge Business Improvement District, Approving The Annual |
|
Report Of The Rockridge Business Improvement District Advisory Board, And Scheduling A |
|
Public Hearing For October 31, 2006 (06-0754) |
|
A motion was made by Councilmember Chang, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
Agency/Councilmember Chang made a motion seconded by |
|
Agency/Councilmember Reid to approve an urgency finding pursuant to Section |
|
2.20.080 E(2) regarding Item 23 that there is a need to take immediate action |
|
which came to the attention of the local body after the agenda was posted, and |
|
that the need to take immediate action is required to avoid a substantial adverse |
|
impact that would occur if the action were deferred to a subsequent special or |
|
regular meeting. |
|
The following individual(s) spoke and did not indicate a position on this item: |
S-24
|
Subject: Annual Assessment - Montclair Business Improvement District |
|
From: Director, Community And Economic Development |
|
Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For Fiscal |
|
Year 2007-2008 For The Montclair Business Improvement District, Approving The Annual |
|
Report Of The Montclair Business Improvement District Advisory Board, And Scheduling A |
|
Public Hearing For October 31, 2006 (06-0757) |
|
A motion was made by Councilmember Chang, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
Agency/Councilmember Chang made a motion seconded by |
|
Agency/Councilmember Reid to approve an urgency finding pursuant to Section |
|
2.20.080 E(2) regarding Item S-24 that there is a need to take immediate action |
|
which came to the attention of the local body after the agenda was posted, and |
|
that the need to take immediate action is required to avoid a substantial adverse |
|
impact that would occur if the action were deferred to a subsequent special or |
|
regular meeting. |
S-25
|
Subject: Rene Yung - Professional Services Agreement |
|
From: Cultural Arts and Marketing |
|
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And |
|
Execute A Professional Services Agreement With Rene Yung For Public Art Design, |
|
Fabrication And Installation Services For The 81st Avenue Branch Library In An Amount Not |
|
To Exceed Ninety-Two Thousand Five Hundred Dollars ($92,500) (06-0713) |
|
A motion was made by Councilmember Reid, seconded by Vice Mayor |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
Agency/Councilmember Reid made a motion seconded by |
|
Agency/Councilmember Quan to approve an urgency finding pursuant to |
|
Section 2.20.080 E(2) regarding Item S-25 that there is a need to take |
|
immediate action which came to the attention of the local body after the agenda |
|
was posted, and that the need to take immediate action is required to avoid a |
|
substantial adverse impact that would occur if the action were deferred to a |
|
subsequent special or regular meeting. |
S-26
|
Subject: Oakland Fund For Children And Youth - Evaluation |
|
From: Department Of Human Services |
|
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A |
|
Contract Between The City Of Oakland And Community Crime Prevention Associates In An |
|
Amount Not To Exceed $333,783 To Evaluate The Oakland Fund For Children And Youth For |
|
The Period of October 1, 2006 Through September 30, 2007 With Two Options Of One Year |
|
Each To Renew In An Amount Not To Exceed 3% Of The Revenues Set Aside For |
|
Grant-Making For The Oakland Fund For Children And Youth In Each Additional One Year |
|
Renewal Term (06-0744) |
|
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 Ayes: 8 - Councilmember Chang, Councilmember Nadel, |
|
Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan, |
|
President of the Council De La Fuente, Councilmember Brooks and |
|
Councilmember Reid |
|
Agency/Councilmember Quan made a motion seconded by |
|
Agency/Councilmember Chang to approve an urgency finding pursuant to |
|
Section 2.20.080 E(2) regarding Item 25 that there is a need to take immediate |
|
action which came to the attention of the local body after the agenda was |
|
posted, and that the need to take immediate action is required to avoid a |
|
substantial adverse impact that would occur if the action were deferred to a |
|
subsequent special or regular meeting. |
|
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 in memory of Doreen Schafer and Jim |
|
Elliott at 11:29 p.m. |
|
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|
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|
please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 |
|
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Also, in compliance with Oakland's policy for people with environmental illness or multiple |
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chemical sensitivities, please refrain from wearing strongly scented products to meetings. |
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|
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SAFETY OF THOSE ATTENDING MEETINGS. (...) |
City Clerk and Clerk of the Council
