Meeting Minutes
City of Oakland
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Oakland, California 94612 |
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Concurrent Meeting of the Oakland Redevelopment Agency |
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/City Council |
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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 |
Tuesday, April 06, 2004
6:00 PM
Oakland City Hall, 3rd Floor
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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 6:35 p.m. |
1
Pledge of Allegiance
2
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Roll Call / ORA & Council |
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COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; |
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Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Vice Mayor Henry Chang, |
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At-Large, and President Ignacio De La Fuente, Dist. 5 |
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ORA\Councilmember Present: 8 - Councilmember Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
3
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Open Forum / Citizens Comments |
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(Time Available: 15 minutes) |
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The following individuals spoke under this item: |
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. |
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Items 10.3CC, 10.5CC and 10.9CC were withdrawn and rescheduled to the |
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April 20, 2004 City Council meeting as Non-Consent items. |
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 non- |
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consent item. (Motion Maker must have voted on prevailing side) |
No action was 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. |
No action was necessary for this item.
7
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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 March 16, 2004. |
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A motion was made by Councilmember Reid, seconded by Councilmember |
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Wan, to *Approve with the following amendments. The motion carried by |
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the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
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Subject: Sandre R. Swanson |
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From: President De La Fuente and Councilmember Brunner |
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Recommendation: Adopt a Resolution declaring Sandre R. Swanson Day in Oakland and |
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commending him for 30 years of public service (04-0220) |
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A motion was made by Councilmember Brunner, seconded by President of |
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the Council De La Fuente, that this matter be Adopted. The motion |
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carried by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
Resolution Number 78436 C.M.S.
8.2
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Subject: Sexual Assault Awareness Month |
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From: Councilmember Nadel |
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Recommendation: Adopt a Resolution declaring April as "Sexual Assault Awareness Month" ( |
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04-0249) |
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A motion was made by Councilmember Nadel, seconded by |
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Councilmember Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78437 C.M.S |
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The following individual spoke under this item and did not indicate a position: |
8.3
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Subject: Students Run Oakland Program |
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Recommendation: Adopt a Resolution commending the Students Run Oakland (SRO) Program |
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for outstanding achievement and contribution to Oakland youth (04-0245) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Brooks, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
Resolution Number 78438 C.M.S.
S-8.4
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Subject: National Community Development Week |
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Recommendation: Adopt a Resolution declaring April 12-18, 2004, National Community |
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Development Week (04-0274) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78439 C.M.S. |
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The City Clerk advised the Council that an urgency finding was necessary for |
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the Council to consider this item. |
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Agency/Councilmember Chang made a motion seconded by Agency/ |
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Councilmember Wan to approve an urgency finding pursuant to Section 2.20. |
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080 E(2) regarding Item S-8.4 that there is a need to take immediate action |
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which came to the attention of the local body after the agenda was posted, and |
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that the need to take immediate action relates to a purely ceremonial or |
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commendatory action. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
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Agency/Councilmember Reid took a point of personal privilege and requested |
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that the meeting be adjourned in memory of Fred Richardson and Albertine |
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Bradford. |
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Agency/Councilmember Nadel took a point of personal privilege and requested |
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that the meeting be adjourned in memory of Albertine Bradford and Sue Carol |
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Brown. |
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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 Bob Gattis. |
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
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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 Declaration |
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of a Local Emergency due to the existence of a critical public health crisis with regard to the |
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AIDS epidemic (04-0255) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78440 C.M.S. |
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The following individuals spoke in favor of this item: |
10.2CC
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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 the City |
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of Oakland (04-0256) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
Resolution Number 78441 C.M.S.
10.3CC
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Subject: Gustavo Fuentes - 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 Gustavo Fuentes v. Officer A. Ramos, et al., United States |
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District Court Case No. C-004647 CW, our file no. 20481, in the amount of $450,000.000. This |
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case involves a claim of use of excessive force and false arrest, (Oakland Police Department- |
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Alleged Civil Rights Violation) (04-0257) |
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This item was withdrawn and rescheduled to the April 20, 2004 City Council |
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agenda |
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The following individual spoke on this item and did not indicate a position: |
10.4CC
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Subject: Donald Jones - 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 Donald Jones v. City of Oakland, et al., United States |
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District Court Case No. C03-3303 WHA, our file number 23206, in the amount of $8,000.00. |
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This case involves claims of violations of civil rights against Oakland Police Officers (Oakland |
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Police Department-Police Conduct) (04-0185) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Abstained: 1 - Councilmember Brunner |
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ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, |
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Councilmember Quan, President of the Council De La Fuente, Councilmember |
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Brooks, Councilmember Reid and Vice Mayor Chang |
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Resolution Number 78442 C.M.S. |
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The following individual spoke against this item: |
10.5CC
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Subject: Javad T.M. Jackson - 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 Javad T. M. Jackson v. City of Oakland, et al., United States |
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District Court Case No. C 02 4496 WHA (JCS), our file number 22389, in the amount of $250, |
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000.00. (Oakland Police Department) (04-0262) |
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This item was withdrawn and rescheduled to the April 20, 2004 City Council |
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agenda |
10.6CC
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Subject: Uhuru Cooper - 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 Uhuru Cooper v. City of Oakland, et al., United States |
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District Court Case Number C 02-5926 MHP, our file number X01744, in the amount of $35, |
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000.00. This case involves the arrest of the plaintiff (Oakland Police Department-Alleged Civil |
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Rights Violation) (04-0258) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Abstained: 1 - Councilmember Brunner |
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ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, |
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Councilmember Quan, President of the Council De La Fuente, Councilmember |
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Brooks, Councilmember Reid and Vice Mayor Chang |
Resolution Number 78443 C.M.S.
10.7CC
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Subject: West Bay Builders, Inc. - 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 City of Oakland v. West Bay Builders, Inc., Superior Court, |
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County of Alameda, Case No. 840197-1, in the amount of $600,000.00. This case involves |
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claims for extra work arising from the construction of the Oakland Animal Shelter (Public |
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Works Agency) (04-0259) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, that this matter be Adopted. The motion carried by the following |
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vote: |
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ORA\Councilmember Abstained: 1 - Councilmember Brunner |
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ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, |
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Councilmember Quan, President of the Council De La Fuente, Councilmember |
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Brooks, Councilmember Reid and Vice Mayor Chang |
Resolution Number 78444 C.M.S.
10.8CC
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Subject: Alameda Point General Plan Amendment - 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 City of Oakland v. City of Alameda (Alameda Point General |
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Plan Amendment) on the following terms: City will provide $462,000 in traffic and pedestrian |
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safety improvements in Oakland Chinatown; City of Alameda will provide an additional $500, |
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000 for such improvements in Oakland Chinatown; and the City of Alameda will provide $75, |
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000 to cover the cost of establishing and administering an Oakland Chinatown Advisory |
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Committee that will advise Oakland and Alameda on Chinatown development and |
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environmental review issues (Alameda County Superior Court Case Number RG-03133599) ( |
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04-0235) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78445 C.M.S. |
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The following individual spoke on this item and did not indicate a position: |
10.9CC
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Subject: Jose Ortiz - 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 Jose Ortiz v. City of Oakland, et al., Alameda County |
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Superior Court Case No. 2002-045451, our file number 21470, in the amount of $15,000.00. ( |
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Oakland Police Department) (04-0261) |
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This item was withdrawn and rescheduled to the April 20, 2004 City Council |
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agenda |
10.10CC
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Subject: Salary Ordinance Amendment - Unrepresented Employee |
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From: Finance and Management Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the |
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Salary Schedule of Ordinance Number 12187 C.M.S. (the Salary Ordinance) to increase the |
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salaries of Unrepresented Employee job classifications in Units UK1, U31, UN1 and UR1 (04- |
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0116) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, that this matter be Approved for Final Passage. The motion carried |
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by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Ordinance Number 12590 C.M.S. |
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The following individual spoke on this item and did not indicate a position: |
10.11CC
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Subject: Salary Ordinance Amendment - Classifications |
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From: Finance and Mangement Agency |
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Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the |
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Salary Schedule of Ordinance Number 12187 C.M.S. (the Salary Ordinance) to add the |
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classifications of Construction and Maintenance Mechanic, PPT, Head Start Facilities |
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Coordinator, Hearing Officer, Hearing Officer, PPT, Maintenance Mechanic, PPT, Senior |
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Hearing Officer, Senior Hearing Officer, PPT and Web Specialist, and to amend the |
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classifications of Police Identification Section Supervisor, Fire Communications Dispatcher, |
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Senior, Fire Communications Supervisor, Electrical Engineer II and Electrical Engineer III (04- |
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0124) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, that this matter be Approved for Final Passage. The motion carried |
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by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
Ordinance Number 12591 C.M.S.
10.12CC
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Subject: Motorized Scooters |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution in support of Assembly Bill 1878 (Chan) to amend the |
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California Vehicle Code to provide additional traffic enforcement strategies to address |
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problems associated with motorized scooters (04-0193) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
Resolution Number 78446 C.M.S.
10.13CC
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Subject: Planning Commission Appeal - 4690 Tompkins |
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From: Community and Economic Development Agency |
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Recommendations: Adopt a Resolution upholding the appeal, reversing the decision of the City |
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Planning Commission approving the application, and denying the application for a Major |
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Conditional Use Permit to convert an existing rest home facility into a twenty-seven unit |
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residential project located at 4690 Tompkins Avenue, Oakland (03-0120-1) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78447 C.M.S. |
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The following individual spoke in favor of this item: |
10.14CC
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Subject: Certified Farmers' Market-Mo' Better Foods |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution granting Mo' Better Foods a Conditional Revocable |
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Encroachment Permit for a Farmers' Market on Mandela Parkway between 5th Street and the |
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Mandela Parkway BART entrance (04-0167) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
Resolution Number 78448 C.M.S.
10.15CC
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Subject: High Street Access Improvements Project - Phase II |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a |
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professional services agreement with TY Lin International/CCS for design services for the |
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42nd Avenue and High Street Access Improvements Project - Phase II (City Project Number C |
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98510) for an amount not to exceed one million thirty-seven thousand nine hundred eighty- |
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three dollars ($1,037,983) (04-0217) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78449 C.M.S. |
10.16CC
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Subject: Traffic Islands Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing award of a construction contract to |
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A. J. W. Construction Company for the Traffic Islands Project (Project No. C158910) in the |
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amount of two hundred eighteen thousand five hundred fifty-four dollars and fifty cents |
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($218,554.50) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM |
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REQUIRES A 2/3 VOTE) (04-0212) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78450 C.M.S. |
10.17CC
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Subject: Landscaping and Lighting Assessment District |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution initiating the Fiscal Year 2004-2005 assessment process |
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for the City of Oakland Landscaping and Lighting Assessment District and authorizing the City |
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Administrator to order an engineer's report pursuant to the California Streets and Highways |
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Code (04-0160) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78451 C.M.S. |
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The folloiwing individual spoke and did not indicate a position: |
10.18CC
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Subject: Capital Expenditures - Oakland Sewer System |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution declaring the official intent of the City of Oakland |
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regarding certain capital expenditures for the City of Oakland's sewer system to be reimbursed |
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from the proceeds of a tax-exempt obligation (04-0121) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78452 C.M.S. |
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The following individual spoke and did not indicate a position: |
10.19CC
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Subject: City of Oakland's Sun Enterprise Server System |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to execute a Master |
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Agreement with Sun Microsystems, Inc. ("SUN") and Sun Microsystems Finance, Inc.("Sun |
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Finance") in order to acquire equipment and necessary services contracts to refresh the City's |
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Sun server platform in an amount not to exceed three million six hundred twenty-six thousand |
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five hundred sixty dollars ($3,626,560); and authorizing the City Administrator to execute |
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contracts with third party vendors for equipment and services required to support the refresh of |
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the Sun Server platform in an amount not to exceed four hundred thirteen thousand dollars ($ |
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413,000); and authorizing the City Administrator to execute a master lease-purchase agreement |
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and related documents with Sun Finance for financing in an amount not to exceed four million |
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thirty-nine thousand five hundred and sixty dollars ($4,039,560), plus the cost of financing. (04 |
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-0106) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78453 C.M.S. |
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The following individual spoke on this item and did not indicate a position: |
10.20CC
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Subject: Information Technology Cost Savings |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator or her designee to |
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negotiate contracts for the technology cost savings measures and projects identified in the City |
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Administrator's report with return to the City Council for review and approval of the necessary |
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Resolutions and contracts (04-0023-1) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, that this matter be Adopted Councilmember Brunner confirmed |
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with staff that references for Shoreline Communications will be provided |
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when the Voice Over Internet Protocol component returns to the Finance |
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and Management Committee, and that data conversion will not be |
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transferred overseas. The motion carried by the following vote: |
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ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
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Resolution Number 78454 C.M.S |
|
The following individual spoke on this item and did not indicate a position: |
10.21CC
|
Subject: Sale of Multiple City-owned Properties |
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From: Community and Economic Development Agency |
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Recommendation: Adopt the following legislation regarding the sale and development of City- |
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owned properties: |
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1) Adopt an Agency Resolution authorizing the sale at fair market value of the duplex at 1072 |
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55th Street to an owner-occupant; and (04-0119b) |
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A motion was made by Vice Mayor Chang, seconded by Councilmember |
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Wan, 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 Nadel, Councilmember |
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Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
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De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
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Chang |
ORA Resolution Number 2004-16 C.M.S.
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2) Approve the Introduction (First Reading) of an Ordinance authorizing the sale of two lots on |
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Dover Street at 57th Street to the Rotary Club of Oakland, Inc., at no cost for development with |
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affordable housing by the Peralta Community College District; and (04-0119a) |
|
Approved on Introduction for Final Passage to Concurrent Meeting of the |
|
Oakland Redevelopment Agency / City Council on 4/20/2004 |
|
2) Approve the Final Pasage (Second Reading) of an Ordinance rescinding Ordinance Number |
|
12220 C.M.S. and authorizing a Disposition and Development Agreement with Richard N. |
|
Pukatch for the sale at fair market value and development of three City-owned properties at |
|
1430 8th Street, 816 Center Street, and 1728 14th Street with market-rate housing (04-0119) |
|
Approved on Introduction for Final Passage to Concurrent Meeting of the |
|
Oakland Redevelopment Agency / City Council on 4/20/2004 |
10.22CC
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt an Agency Resolution authorizing the Agency Administrator to |
|
negotiate and execute a Third Amendment to the Exclusive Negotiating Agreement between |
|
the Redevelopment Agency and Forest City Residential West, Inc. regarding development of |
|
the Uptown Project in downtown Oakland by extending the Exclusive Negotiating Agreement |
|
for an additional term of sixty (60) days, resulting in a total exclusive negotiating agreement |
|
term of 23 months (TITLE CHANGE) (03-0063-1) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
ORA Resolution Number 2004-17 C.M.S. |
|
The following individual spoke against this item: |
|
The following individual spoke on this item and did not indicate a position: |
10.23CC
|
Subject: Commercial Lending Programs |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt the following legislation regarding the City's commercial lending |
|
programs: |
|
1) Adopt a Resolution amending Resolution Number 76972 C.M.S., and authorizing the City |
|
Administrator to negotiate an amended agreement with the Oakland Business Development |
|
Corporation to increase their lending authority for City commercial loans from $100,000 to $ |
|
249,500, and return to the Community and Economic Development Committee for approval to |
|
execute the negotiated agreement (TITLE CHANGE); and (04-0078a) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78455 C.M.S. |
|
The following individual spoke and did not indicate a position: |
|
2) Adopt an Agency Resolution authorizing the Agency Administrator to negotiate an |
|
agreement with the Oakland Business Development Corporation for services to include the |
|
underwriting and approval of commercial loans in amounts not to exceed $249,500, and return |
|
to the Community and Economic Development Committee to execute the negotiated agreement |
|
(TITLE CHANGE) (04-0078b) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
ORA Resolution Number 2004-18 C.M.S.
10.24CC
|
Subject: Marcus A. Foster Educational Institute |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate and |
|
execute an amendment to the agreement with the Marcus A. Foster Educational Institute for |
|
additional services for the Children and Youth Grants Program and increasing the amount of |
|
the existing agreement by $144,006 to a total amount not to exceed $244,006 (04-0171) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78456 C.M.S.
10.25CC
|
Subject: Paratransit Services |
|
From: Department of Human Services |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to increase contracts |
|
with Bay Area Community Services; At Your Services (AYS); V.I.P. Inc.; Friendly |
|
Transportation; and Veterans Transportation by $95,000 for a total amount not to exceed $895, |
|
000 for Fiscal Year 2003-2004 to continue paratransit services for frail seniors and adults with |
|
mobility disabilities (002599-1) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78457 C.M.S. |
|
Contract Numbers 04-1708, 04-1709, 04-1710, 04-1711, and 04-1712 |
10.26CC
|
Subject: Lake Merritt Master Plan - Wallace Roberts & Todd, Inc. |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing Amendment No. 2 to the professional |
|
services agreement with Wallace Roberts & Todd, Inc., to provide design services for the Lake |
|
Merritt Master Plan project for an amount not to exceed one million two hundred fifty thousand |
|
dollars ($1,250,000), bringing the total contract amount to one million seven hundred fifty four |
|
thousand eight hundred eighty-five dollars ($1,754,885) (04-0208) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78458 C.M.S |
10.27CC
|
Subject: 26th Avenue Street Closure |
|
From: Office of the City Administrator |
|
Recommendation: Adopt a Resolution of the City Council of the City of Oakland adopting |
|
rules and regulations to partially and permanently close 26th Avenue between the 2400 and |
|
2600 block through appropriate roadway design features to protect public safety and implement |
|
the City's Transportation Plan (04-0164) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78459 C.M.S.
10.28CC
|
Subject: Federal Local Law Enforcement Block Grant |
|
From: Oakland Police Department |
|
Recommendation: Adopt a Resolution amending Resolution No. 78106 C.M.S. authorizing the |
|
acceptance and appropriation of eight hundred seventy-nine thousand, one hundred seventy- |
|
seven dollars ($879,177) in Federal Local Law Enforcement Block Grant (LLEBG) Funds to |
|
the Police Department and ninety-seven thousand, six hundred eighty-six dollars ($97,686) in |
|
matching funds from State Citizen's Options for Public Safety (COPS) funds to supplement |
|
front line policing efforts by providing additional support personnel and community outreach ( |
|
03-0277) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78460 C.M.S. |
|
The following individual spoke on this item and did not indicate a position: |
10.29CC
|
Subject: Oakland Army Base Public Trust Exchange Act |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt the following legislation in support of Senate Bill 1435: |
|
1) Adopt a Resolution supporting State legislation regarding a Public Trust Land Exchange at |
|
the former Oakland Army Base and authorizing the City Administrator to negotiate and enter |
|
into an exchange agreement with the State Lands Commission and to take all other necessary |
|
actions to effectuate the exchange; and (04-0199) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78461 C.M.S. |
|
ORA Resolution Number 2004-19 C.M.S. |
|
2) Adopt an Agency Resolution supporting State legislation regarding a Public Trust Land |
|
Exchange at the former Oakland Army Base and authorizing the Agency Administrator to |
|
negotiate and enter into an exchange agreement with the State Lands Commission and to take |
|
all other necessary actions to effectuate the exchange (04-0199a) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78474 C.M.S.
10.30CC
|
Subject: Sulphur Springs Park Re-Naming |
|
From: Office of Parks and Recreation |
|
Recommendation: Adopt a Resolution authorizing the re-naming of Sulphur Springs Park to |
|
Marjorie Saunders Park (04-0204) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Wan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
11
|
An oral report from the Agency Counsel / City Attorney of final decisions made during |
|
Closed Session |
|
A motion was made by Councilmember Wan, seconded by Councilmember |
|
Reid, to *Approve as Submitted. The motion carried by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
The following individual spoke on this item and did not indicate a position: |
|
1. Item 2G: Bernard Hill v. Oakland Police Department, et.al |
|
Council authorized settlement in the amount of $7,500. This action arose of |
|
plaintiff's claim that the OPD used excessive force in the course of detaining |
|
and arresting him for drunk driving. Plaintiff sustained a broken bone in his |
|
right hand. |
|
Motion Made by: Councilmember Reid |
|
Motion Seconded by: Councilmember Brooks |
|
8 Ayes: Brooks Brunner Chang Nadel Quan Reid Wan President |
|
De La Fuente |
|
2. Item 2F: Besse Johnson v. City of Oakland |
|
Council authorized settlement in the amount of $65,000. Plaintiff slipped and |
|
fell on an uneven portion of sidewalk and fractured her pelvis. She was |
|
hospitalized for 10 days and spent an additional 30 days in rehabilitation; she |
|
incurred $39,500 in medical expenses. |
|
Motion Made by: Councilmember Wan |
|
Motion Seconded by: Councilmember Reid |
|
8 Ayes: Brooks Brunner Chang Nadel Quan Reid Wan President |
|
De La Fuente |
|
3. NAME OF CASE: Anticipated Litigation in Lockyer v. City and County of |
|
San Francisco |
|
Council authorized filing of a letter supporting the position of the City and |
|
County of San Francisco in the litigation. |
|
Attorney General Lockyer has asked the California Supreme Court to rule, |
|
among other things, that San Francisco lacks authority to defy state marriage |
|
laws by issuing same-sex marriage licenses with obtaining appellate court |
|
ruling that the marriage laws are unconstitutional. |
|
Motion Made by: Councilmember Wan |
|
Motion Seconded by: Councilmember Brunner |
|
6 Ayes: Brunner, Chang, Nadel, Quan, Wan, and President De La Fuente |
|
2 Abstentions: Brooks, Reid |
|
4. NAME OF CASE: Anticipated Litigation in City and County of San |
|
Francisco v. State of California, et al. |
|
Council authorized City Attorney to file letters of support and amicus briefs in |
|
the litigation and in any subsequent appellate proceedings. |
|
San Francisco has asked the Superior court to declare that marriage law which |
|
require San Francisco officials to deny same-sex couples marriage licenses |
|
violate the California Constitution's Equal Protection and Due Process Clauses |
|
and constitutionally protected privacy interest and therefore are unenforceable |
|
and void. |
|
Motion Made by: Councilmember Wan |
|
Motion Seconded by: Councilmember Brunner |
|
7 Ayes: Brooks, Brunner, Chang, Nadel, Quan, Wan and President De La |
|
Fuente |
|
Agency/Councilmember Wan made a motion, seconded by Agency/ |
|
Councilmember Reid, to accept the oral report from the City Attorney on final |
|
decisions made during Closed Session, and hearing no objections, all members |
|
present were recorded as voting: Ayes: Agency/Councilmember: Brooks, |
|
Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La |
|
Fuente -8 |
12
|
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the |
|
Sunshine Ordinance |
*Approve as Submitted
|
Agency/Councilmember Wan made a motion seconded by Agency/ |
|
Councilmember Reid confirming that there were no discussions pursuant to |
|
Section 15 of the Sunshine Ordinance, and hearing no objections, the motion |
|
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, |
|
Reid, Quan, Wan and President of the Council De La Fuente -8 |
|
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
|
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
No action was necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
|
Subject: Tree Removal Appeal - 300 Elysian Fields Drive - Public Hearing |
|
From: Office of Parks and Recreation |
|
Recommendation: Conduct a continued Public Hearing and upon conclusion adopt a |
|
Resolution denying the appeal filed by Stefanie Y. Gandolfi against the decision of the Director |
|
of the Office of Parks and Recreation approving the issuance of Tree Removal Permit DR03- |
|
123 at 300 Elysian Fields Drive (Councilmember Reid, District 7) (04-0036) |
*Withdrawn with No New Date
14.2
|
Subject: Lease and Revenue Bonds - Interest Rate Swaps - Public Hearing |
|
From: Finance and Management Agency |
|
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
|
legislation regarding the execution of interest rate swaps: |
|
1) Approve the Introduction (First Reading) of Ordinance authorizing the City to enter into a |
|
lease and sublease with the Oakland Joint Powers Financing Authority in connection with the |
|
issuance by the Oakland Joint Powers Financing Authority of certain Lease Revenue Bonds, |
|
and authorizing the taking of all necessary actions relating to such financing; and the |
|
publication of the Notice and Digest and certain other related matters; and (04-0214) |
|
A motion was made by Councilmember Wan, seconded by Vice Mayor |
|
Chang, that this matter be Approved on Introduction for Final Passage to |
|
the Concurrent Meeting of the Oakland Redevelopment Agency / City |
|
Council, due back on April 20, 2004. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Nos: 1 - Councilmember Brunner |
|
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember Wan, |
|
Councilmember Quan, President of the Council De La Fuente, Councilmember |
|
Brooks, Councilmember Reid and Vice Mayor Chang |
|
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
|
opened at 9:15 p.m |
|
Agency/Councilmember Wan 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, Chang, Nadel, |
|
Reid, Quan, Wan and President of the Council De La Fuente -7 Absent: |
|
Brunner - 1 |
|
The following individual spoke on this item and did not indicate a position: |
|
2) Adopt a Joint Powers Financing Authority Resolution authorizing the issuance and sale of |
|
the Lease Revenue Bonds (Oakland Administration Building) Series 2004, in two series, in an |
|
aggregate principal amount not to exceed one hundred thirty-five million dollars ($135,000,000 |
|
); authorizing the execution and delivery of a trust agreement, lease, sublease, escrow |
|
agreement, bond purchase agreements, approving the form of and authorizing the distribution |
|
of a preliminary official statement and authorizing execution and delivery of an official |
|
statement; approving the retention of bond counsel and other agents; authorizing payment of |
|
costs of issuance; and (04-0214a) |
|
This item was withdrawn and rescheduled to the April 20, 2004 City Council |
|
agenda. |
|
3) Adopt a Resolution approving the issuance by the Oakland Joint Powers Financing |
|
Authority of Lease Revenue Bonds, in one or more series, of not to exceed one hundred thirty- |
|
five million dollars ($135,000,000) aggregate principal amount; approving the form of and |
|
authorizing the execution and delivery of bond purchase agreements; authorizing the City |
|
Manager to secure one or more swaps for a synthetic fixed rate transaction; and authorizing |
|
execution of documents and the taking of all necessary actions relating to the bonds and the |
|
swap and authorizing necessary actions relating to the lease financing with the Oakland Joint |
|
Powers Financing Authority (04-0214b) |
|
This item was withdrawn and rescheduled to the April 20, 2004 City Council |
|
agenda. |
14.3
|
Subject: Oak Center Redevelopment Project Area - Public Hearing |
|
From: Community and Economic and Development Agency |
|
Recommendation: Conduct a Public Hearing and upon conclusion adopt the following |
|
legislation: |
|
1) An Agency Resolution authorizing capital improvement spending for the Oak Center |
|
Redevelopment Project Area, in an amount not to exceed $600,000, including a contract to |
|
improve the Oak Center Cultural Center, for $50,000, and authorizing the Agency |
|
Administrator to enter into contracts for the work without returning to the Agency; and (03- |
|
0150-2) |
|
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 Absent: 1 - Councilmember Reid |
|
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks and Vice Mayor Chang |
|
ORA Resolution Number 2004-20 C.M.S. |
|
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was |
|
opened at 9:19 p.m. |
|
Agency/Councilmember Nadel made a motion, seconded by Agency/ |
|
Councilmember Brooks, to close the Public Hearing, and hearing no |
|
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
|
Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La |
|
Fuente -8 |
|
Agency/Councilmember Nadel made a motion, seconded by Agency/ |
|
Councilmember Brooks, to adopt the Resolution as amended to revise the |
|
second "Resolved" to read as follows: |
|
"That the Agency Administrator or his or her designee as agent of the Agency is |
|
hereby authorized to negotiate and enter into an agreement with the Oakland |
|
Center Cultrual Center, Inc., in an amount not to exceed $50,000 to make |
|
improvements to the Oak Cener Cultural Center which includes a requirement |
|
as noted in Attachment A." |
|
"Attachment A" will also be amended to read as follows: |
|
"The OCCCI shall receive no funds under this agreement until the following |
|
has been demonstrated: |
|
1. A schedule of community events and commitment to a similar schedule in the |
|
future have been developed and published as approved by the Administrator. |
|
2. After a period of 6 months from the publishing of that schedule, the Center |
|
has hosted at least one well publicized event of general community interest per |
|
month and the Administrator received evidence that the Center has been |
|
available for meetings of local neighborhood groups upon reasonable notice." |
|
and hearing no objections, the motion passed by Ayes: Agency/Councilmember: |
|
Brooks, Chang, Nadel, Reid, Quan, Wan and President of the Council De La |
|
Fuente -7, Noes: Brunner-1 |
|
2) Adopt a Resolution consenting to the use of Redevelopment Agency funds for public |
|
improvements to City facilities in the Oak Center Redevelopment Project Area ( |
|
Councilmember Nadel, District 3) (03-0150-3) |
|
A motion was made by Councilmember Nadel, seconded by |
|
Councilmember Brunner, that this matter be Adopted. The motion carried |
|
by the following vote: |
|
ORA\Councilmember Absent: 1 - Councilmember Reid |
|
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks and Vice Mayor Chang |
Resolution Number 78462 C.M.S
14.4
|
Subject: Citizen's Option For Public Safety - Public Hearing |
|
From: Oakland Police Department |
|
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution |
|
implementing California Government Code Sections 30061-30065 establishing in each County |
|
Treasury a Supplemental Law Enforcement Services Fund (SLESF) to distribute "Citizen's |
|
Option for Public Safety" funds to local Jurisdictions, and appropriating six hundred fourteen |
|
thousand twenty-seven dollars ($614,027) in eighth year funding for the "Citizen's Option For |
|
Public Safety" (COPS) Grant to the Police Department and approving the Fiscal Year 2003- |
|
2005 Spending Plan submitted by the Chief of Police (04-0206) |
|
A motion was made by Vice Mayor Chang, seconded by Councilmember |
|
Brunner, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78463 C.M.S. |
|
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was |
|
opened at 9:29 p.m. |
|
Agency/Councilmember Chang made a motion, seconded by Agency/ |
|
Councilmember Brunner, to close the Public Hearing, and hearing no |
|
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
|
Brunner, Chang, Nadel, Reid, Quan, Wan and President of the Council De La |
|
Fuente -8 |
|
The following individual spoke on this item and did not indicate a position: |
ACTION ON NON-CONSENT ITEMS:
15
|
Subject: Assembly Bill 1967 |
|
California Marriage License Non-Discrimination Act |
|
Recommendation: Adopt a Resolution supporting Assembly Bill 1967, the "California |
|
Marriage License Non-Discrimination Act" (04-0251) |
|
A motion was made by Councilmember Wan, seconded by Councilmember |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Reid |
|
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks and Vice Mayor Chang |
|
Resolution Number 78464 C.M.S. |
|
The following individuals spoke in favor of this item: |
|
-Jason Victor Bellecci-Serinus |
|
-Christopher Taylor Edwards |
15.1
|
Subject: Assembly Joint Resolution 67 - Federal Marriage Amendment |
|
Recommendation: Adopt a Resolution urging defeat of the proposed Federal Marriage |
|
Amendment (House Joint Resolution 56 & Senate Joint Resolution 26) and the proposed |
|
Assembly Joint Resolution endorsing a Federal Marriage Amendment (AJR No. 67) (04-0252) |
|
A motion was made by Councilmember Wan, seconded by Councilmember |
|
Quan, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Abstained: 1 - Councilmember Reid |
|
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks and Vice Mayor Chang |
Resolution Number 78465 C.M.S.
|
The Council moved, seconded and carried a motion to extend the meeting past |
|
10:30 p.m. |
16
|
Subject: Illegal Activities Evictions - Alternative " Z " |
|
From: Office of the City Attorney |
|
Recommendation: Approve the Introduction (First Reading) of an Ordinance requiring rental |
|
property owners to evict tenants engaged in certain illegal activities on the premises and |
|
including off-premises drug related activities that use the premises to further the off-premises |
|
illegal drug activity and authorizing the City Attorney to accept assignment of eviction causes |
|
of action from rental property owners for evictions involving certain illegal activities by |
|
establishing Section 8.23.100 of the Oakland Municipal Code, "Nuisance Eviction Ordinance" |
|
(03-0329-1) |
|
A motion was made by Councilmember Reid, seconded by Councilmember |
|
Quan, that this matter be Approved for Final Passage. The motion carried |
|
by the following vote: |
|
ORA\Councilmember Nos: 2 - Councilmember Nadel and Councilmember |
|
Brooks |
|
ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember |
|
Wan, Councilmember Quan, President of the Council De La Fuente, |
|
Councilmember Reid and Vice Mayor Chang |
|
Ordinance Number 12592 C.M.S. |
|
The following individuals spoke in favor of this item: |
|
The following individuals spoke against this item: |
|
The following individuals spoke on this item and did not indicate a position: |
|
Agency/Councilmember Reid made a motion, seconded by Agency/ |
|
Councilmember Quan, directing staff not to commence enforcement of this |
|
approved ordinance until June 2004 or until such time as all the forms are |
|
ready and return to Council in 6 months, and hearing no objections, the motion |
|
passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel, |
|
Reid, Quan, Wan and President of the Council De La Fuente -8 |
17
|
Subject: 25-Year Alameda Countywide Transportation Plan |
|
From: Public Works Agency |
|
Recommendation: Receive a report and provide direction on transportation projects the City |
|
should propose for inclusion in the 25-Year Alameda Countywide Transportation Plan (04- |
|
0148) |
|
A motion was made by Councilmember Wan, seconded by Councilmember |
|
Brunner, that this matter be Continued to the *Rules & Legislation |
|
Committee, due back on April 8, 2004. The motion carried by the |
|
following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Agency/Councilmember Wan made a motion, seconded by Agency/ |
|
Councilmember Brunner, to forward this item to the Rules and Legislation |
|
Committee as a request to schedule a workshop with staff, elected officials, and |
|
key stakeholders to discuss State and Federal funding issues related to |
|
transportation projects with a chart showing all the different projects by |
|
Council District, and hearing no objections, the motion passed by Ayes: |
|
Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and |
|
President of the Council De La Fuente -8 |
18
|
Subject: Senate Bill 1366 - Release of Sexual Predators |
|
From: Councilmember Brooks |
|
Recommendation: Adopt a Resolution declaring the City of Oakland's support of Senate Bill |
|
1366 which would require that sexual predators be returned to the county where they were |
|
convicted except under extraordinary circumstances, and mandate notification of local law |
|
enforcement 45 days prior to release (04-0260) |
|
A motion was made by Councilmember Brooks, seconded by |
|
Councilmember Nadel, that this matter be Adopted. The motion carried |
|
by the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78466 C.M.S.
19
|
Subject: Main Street Program - Council District Six |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate and |
|
execute an agreement for a Professional Services Contract with OCCUR Community |
|
Information Service ("OCCUR") pursuant to which OCCUR will provide Main Street |
|
consulting services for establishment of a Main Street Program in City Council District Six in |
|
an amount not to exceed $187,500, utilizing the services of Mills College and California Main |
|
Street Alliance (TITLE CHANGE) (04-0147-1) |
|
A motion was made by Councilmember Brooks, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Nos: 1 - Councilmember Wan |
|
ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Quan, President of the Council De La Fuente, |
|
Councilmember Brooks, Councilmember Reid and Vice Mayor Chang |
|
Resolution Number 78467 C.M.S. |
|
Agency/Councilmember Brooks made a motion seconded by Agency/ |
|
Councilmember Wan to approve an urgency finding pursuant to Section 2.20. |
|
080 E(2) regarding Item 19 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. |
20
|
Subject: Palm Villas Project |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt an Agency Resolution authorizing a grant in an amount not to exceed |
|
$1,100,000 to MacArthur Park Development Associates, LLC, to cover additional costs for the |
|
development of the final phase of the Palm Villas Project on MacArthur Boulevard between 90 |
|
th and 94th Avenues (04-0107) |
|
A motion was made by Councilmember Brunner, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
ORA Resolution Number 2004-21 C.M.S.
21
|
Subject: Affordable Housing Developer Funding |
|
From: Community and Economic Development Agency |
|
Recommendation: A follow-up report regarding staff recommendations to 1) increase the |
|
maximum income levels for the use of Redevelopment Agency Affordable Housing Funds for |
|
ownership housing projects to 120% of median income as long as the average income in the |
|
project does not exceed 100% of median income; and 2) use approximately $3.2 million in |
|
unallocated affordable housing funds to issue a new Notice of Funding Availability (NOFA) for |
|
homeownership and rehabilitation of existing affordable rental housing (03-0213-1) |
Approve as Amended
|
Agency/Councilmember Reid made a motion, seconded by Agency/ |
|
Councilmember Chang to approve the staff recommendations as amended to: |
|
increase the maximum income levels for the use of Redevelopment Agency |
|
Affordable Housing Funds for ownership housing projects to 120% of median |
|
income as long as the average income in the project does not exceed 100% of |
|
median income, and to direct staff to consider a high priority for senior |
|
projects, find funding for rehabilitation projects or include in a future Notice of |
|
Funding Availability, and to return to the Community and Economic |
|
Development Committee at that time, and hearing no objections, the motion |
|
passed by Ayes: Agency/Councilmember: Brooks, Chang, Nadel, Reid, Quan, |
|
Wan and President of the Council De La Fuente -7; No: Brunner -1 |
|
Agency/Councilmember Brunner made a motion, seconded by Agency/ |
|
Councilmember Reid, to revise staff's recommendation to use the $3,118,850 in |
|
unallocated affordable housing funds as follows: 1) $1,100,000 for the Palm |
|
Villas project; and 2) the remaining $2,018,850 for the MLK-MacArthur BART |
|
Senior Housing project, and hearing no objections, the motion passed by Ayes: |
|
Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, Wan and |
|
President of the Council De La Fuente -8 |
21.1
|
Subject: MLK/BART Senior Homes Project |
|
From: Community and Economic Development Agency |
|
Recommendation: Adopt an Agency Resolution authorizing an affordable housing development |
|
loan in an amount not to exceed $2,018,850 to Oakland Community Housing, Inc. and |
|
Community Development Corporation of Oakland for the MLK/BART Senior Homes Project |
|
located at 3823-3837 Martin Luther King Jr. Way and consolidating an existing $52,000 site |
|
acquisition loan with the development loan for a total development loan in an amount not to |
|
exceed $2,070,850 (03-0213-2) |
|
A motion was made by Councilmember Brunner, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
ORA Resolution Number 2004-22 C.M.S.
21.2
|
Subject: MLK/BART Senior Homes Project |
|
From: Community and Economic Development Agency |
|
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance authorizing |
|
the negotiation and execution of an agreement with Oakland Community Housing, Inc., and |
|
Community Development Corporation of Oakland to provide for the transfer at no cost of the |
|
City-owned lot at 3823 Martin Luther King Jr. Way for its inclusion in the MLK/BART Senior |
|
Homes Project (03-0213-3) |
|
A motion was made by Councilmember Brunner, seconded by |
|
Councilmember Reid, that this matter be Approved on Introduction for |
|
Final Passage to the Concurrent Meeting of the Oakland Redevelopment |
|
Agency / City Council, due back on April 20, 2004. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
22
|
Subject: Traffic Signal Projects |
|
From: Public Works Agency |
|
Recommendation: Adopt a Resolution authorizing the City Administrator to award a |
|
construction contract to W. Bradley Electric for the traffic signal projects at the intersections of |
|
International Boulevard at 25th Avenue, Broadway at Broadway Terrace, and Broadway at |
|
College Avenue (City Project No. C159310 & C160210) in the amount of three hundred |
|
sixty-two thousand seven hundred fifty-three dollars and ninety-five cents ($362,753.95) |
|
(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/ |
|
3 VOTE) (04-0218) |
|
A motion was made by Councilmember Reid, seconded by Councilmember |
|
Nadel, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
|
Resolution Number 78468 C.M.S |
23
|
Subject: Oakland School for the Arts |
|
From: Office of the City Administrator |
|
Recommendation: A continued discussion to adopt an Agency Resolution authorizing the |
|
Agency Administrator to enter into a lease agreement with the Oakland School for the Arts |
|
under which the school will pay $1,000 per month to occupy the parking lots behind and to the |
|
west of the Fox Theater and bounded by 18th and 19th Streets and San Pablo Avenue for a |
|
period from April 12, 2004 to July 1, 2006 for the purpose of constructing and operating the |
|
facilities necessary to house the Oakland School for the Arts (04-0219) |
|
Continued to Concurrent Meeting of the Oakland Redevelopment Agency / |
|
City Council on 4/20/2004 |
|
Agency/Councilmember Wan made a motion, seconded by Agency/ |
|
Councilmember Chang, to adopt the resolution as amended on Item 23 to |
|
include approval of the proposal with additional direction for staff to meet with |
|
parents to review the safety plan, reconstruction of entrance prior to school |
|
occupancy, lighting plan and return with a report to the Community and |
|
Economic Development Committee. |
|
THE ORIGINAL MOTION FAILED DUE TO THE ADOPTION OF THE |
|
FOLLOWING SUBSTITUTE MOTION. |
|
Agency/Councilmember Quan made a substitute motion, seconded by Agency/ |
|
Councilmember Brooks, to direct staff to meet with the ice rink patrons in an |
|
effort to achieve consensus onthe proposed parking paln and return to the April |
|
20, 2004 City Council meeting and upon the call fo the roll, the motion passed |
|
by Ayes: Agency/Councilmember: Brooks, Nadel, Quan and Reid-4, Noes: |
|
Chang, Wan and De Le Fuente-3; Abstain: Brunner-1 |
24
|
Subject: Warren Freeway State Route 13-Scenic Highway Status |
|
Recommendation: Adopt a Resolution urging the Legislature of the State of California to enact |
|
legislation declaring the Warren Freeway, State Route 13, eligible for Scenic Highway status ( |
|
04-0233) |
|
A motion was made by Councilmember Quan, seconded by |
|
Councilmember Reid, that this matter be Adopted. The motion carried by |
|
the following vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 79469 C.M.S.
25
|
Subject: Travel Authorization |
|
From: Councilmembers Brunner and Wan |
|
Recommendation: Adopt a Resolution authorizing Councilmember Jane Brunner and |
|
Councilmember Danny Wan's travel to Washington, D.C. on March 17-19, 2004 to meet with |
|
Federal officials (04-0241) |
|
A motion was made by Councilmember Reid, seconded by Vice Mayor |
|
Chang, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78470 C.M.S.
26
|
Subject: Jamilah Jefferson - Citizens Police Review Board |
|
From: Office of the Mayor |
|
Recommendation: Adopt a Resolution appointing Jamilah Jefferson as a member of the |
|
Citizens Police Review Board (04-0263) |
|
A motion was made by Councilmember Reid, seconded by Vice Mayor |
|
Chang, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78471 C.M.S.
S-27
|
Subject: Voter Approval on Local Tax Funds |
|
Recommendation: Adopt a Resolution expressing the City of Oakland's support for a statewide |
|
ballot intiative to require voter approval before state government may take local tax funds (04- |
|
0221) |
|
A motion was made by Councilmember Reid, seconded by Vice Mayor |
|
Chang, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78472 C.M.S.
S-28
|
Subject: Assembly Bill 2318 - California Public Records Act |
|
From: Office of the City Auditor |
|
Recommendation: Adopt a Resolution in support of Assembly Bill 2318, a proposal to amend |
|
the Government Code for the purpose of allowing the City Auditor to exempt from disclosure |
|
of certain information otherwise made available to the public under the California Public |
|
Records Act (04-0215) |
|
A motion was made by Councilmember Reid, seconded by Vice Mayor |
|
Chang, that this matter be Adopted. The motion carried by the following |
|
vote: |
|
ORA\Councilmember Ayes: 8 - Councilmember Nadel, Councilmember |
|
Brunner, Councilmember Wan, Councilmember Quan, President of the Council |
|
De La Fuente, Councilmember Brooks, Councilmember Reid and Vice Mayor |
|
Chang |
Resolution Number 78473 C.M.S.
|
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 Fred Richardson Albertine |
|
Becford, Sue Carol Brown, and Bob Gattis at 1:17 a.m. |
|
Americans With Disabilities Act |
|
If you need special assistance to participate in Oakland City Council and Committee meetings |
|
please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 |
|
hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. |
|
Also, in compliance with Oakland's policy for people with environmental illness or multiple |
|
chemical sensitivities, please refrain from wearing strongly scented products to meetings. |
|
Recorded Agenda: (510) 238-2386 |
|
Telecommunications Display Device: (510) 839-6451 (TDD) |
City Clerk and Clerk of the Council
