City of Oakland Legistar System

A meeting of the Joint Oakland Redevelopment Agency and City Council was

held on the above date. Opening with the Pledge of Allegiance, the meeting

was convened at 6:11 p.m.

Roll Call / ORA & Council

COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Vacant, Dist. 2; Nancy Nadel, Dist.

3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,

and President Ignacio De La Fuente, Dist. 5

ORA\Councilmember Present: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an

item from the Consent Calendar, shall be scheduled for the next-succeeding City Council

meeting as a non-consent item.

Agency/Councilmember Brooks made a motion, seconded by

Agency/Councilmember Nadel, to pull Item 10.12CC from the Consent

Calendar and reschedule to the March 15, 2005 City Council agenda as a

Non-Consent item. and hearing no objections, the motion passed by Ayes:

Agency/Councilmember: Brooks, Brunner, Chang, Nadel, Reid, Quan, and

President of the Council De La Fuente -7

Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding

Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a

non-consent item. (Motion Maker must have voted on prevailing side)

Requests from Councilmember(s) to schedule an Action Item considered by Committee but

not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting

as a non-consent item.

ORA\Councilmember Absent: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks,

Councilmember Reid and Councilmember Chang

Subject: Mariann Mitchell - Service Recognition

From: Councilmember Reid

Recommendation: Adopt a Resolution commending Police Service Technician Mariann

Mitchell for selfless acts of kindness above and beyond the call of duty (05-0104)

ORA\Councilmember Absent: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks,

Councilmember Reid and Councilmember Chang

Subject: Victor Bullock - Service Recognition

From: Councilmember Reid

Recommendation: Adopt a Resolution commending Officer Victor Bullock for selfless acts of

kindness above and beyond the call of duty (05-0105)

ORA\Councilmember Absent: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks,

Councilmember Reid and Councilmember Chang

Subject: The Edna Brewer Middle School competing in the "Future City Competition"

From: Council President De La Fuente

Recommendation: Adopt a Resolution celebrating and honoring the achievements of the Edna

Brewer Middle School students who represented Oakland in our nation's capital during

February 2005 by successfully competing in the finals of the "Future City Competition"

(05-0119)

ORA\Councilmember Absent: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks,

Councilmember Reid and Councilmember Chang

Subject: Declaration of a Local Emergency due to AIDS epidemic

From: Office of the City Attorney

Recommendation: Adopt a Resolution renewing and continuing the City Council's Declaration

of a Local Emergency due to the existence of a critical public health crisis with regard to the

AIDS epidemic (05-0096)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Medical Cannabis Health Emergency

From: Office of the City Attorney

Recommendation: Adopt a Resolution renewing the City Council's Declaration of a local

public health emergency with respect to safe, affordable access to Medical Cannabis in the City

of Oakland (05-0097)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: State Farm Insurance - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City Attorney to

compromise and settle the claim of State Farm Insurance Company, in the amount of

$16,197.61, as a result of property damage sustained in an auto collision involving a City of

Oakland vehicle on June 18, 2004. (Oakland Police Department) (05-0098)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Lihbin Shiao - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City Attorney to

compromise and settle the claim of Lihbin Shiao, in the amount of six thousand seven hundred

seventy dollars and 36 cents ($6,770.36), as a result of damage to her sanitary sewer lateral

caused by tree toots from a City tree (Public Works Agency) (05-0099)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Totally Helen - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City Attorney to

compromise and settle the claim of Totally Helen, LLC, in the amount of $14,447.95, for

property damage sustained as a result of flooding caused by poor drainage from a City Street.

(Public Works Agency) (05-0100)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Yolanda Orey - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City Attorney to

compromise and settle the case of Yolanda Orey v. City of Oakland, et al., Alameda County

Superior Court Case no. RG03-120161, our file no. 22919, in the amount of $10,000.00. This

case involves a trip and fall accident occurring on a raised portion of sidewalk. (Public Works

Agency) (05-0101)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Michael Muscadine - Settlement Agreement

From: Office of the City Attorney

Recommendation: Resolution authorizing and directing the City Attorney to compromise and

settle the case of Michael Muscadine v. City of Oakland, et al., Alameda County Superior

Court Case no. 2002-046671, our file No. 22119, in the amount of $150,000.00. This case

involves claims of excess force against members of the Oakland Police Department on

February 18, 2001(Oakland Police Department) (05-0117)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Conflict of Interest - Municipal Code Amendment

From: Office of the City Attorney

Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending the

City of Oakland's Conflict of Interest Code (Ordinance Number 11562 C.M.S. adopted March

23, 1993, as amended, Oakland Municipal Code Chapter 3.16) enacting a Conflict of Interest

Code for City of Oakland employees, members of boards and commissions, and consultant

positions to update the designation of positions that the code covers (05-0054)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Limited Public Financing Act of the City of Oakland

From: Office of the City Attorney

Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending

Oakland Municipal Code Chapter 3.13, the Limited Public Financing Act of the City of

Oakland, to require: 1) Contributions submitted for matching funds be made on a financial

instrument containing the name of the donor, the name the payee and drawn on the account of

the donor and 2) Candidates to timely file and completely and accurately execute all

pre-election and post-election campaign statements for the election in which matching funds

are received (05-0082)

ORA\Councilmember Noes: 1 - Councilmember Reid

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks and Councilmember Chang

Subject: Special Traffic Offender Program (STOP)

From: Oakland Police Department

Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending

Ordinance Number 9336 C.M.S. (Master Fee Schedule), to increase the impounded vehicle

release fee, assessed by the Oakland Police Department, from one hundred seventy-five dollars

($175) to two hundred and fifty dollars ($250) (05-0052)

A motion was made by Councilmember Chang, seconded by

Councilmember Brunner, that this matter be Approved as Amended for

Final Passage. The motion carried by the following vote:

ORA\Councilmember Abstained: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Reid and Councilmember Chang

Subject: Eminent Domain Litigation

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City Attorney to

compromise and settle the Eminent Domain Litigation of City of Oakland v. Orkin, Inc. dba

Thrifty Oil Company ("Thrifty") in the amount of $326,820 ($131,820 plus the City's $195,000

deposit which Thrifty previously withdrew) as compensation for the City's Condemnation of

862-868 - 98th Avenue for the City's widening of 98th Avenue (San Mateo County Superior

Court Action No. 336725) (05-0115)

ORA\Councilmember Abstained: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks,

Councilmember Reid and Councilmember Chang

Subject: Race and Gender Disparity Evaluation and Study (Croson Study)

From: President of the Council De La Fuente

Recommendation: Adopt a Resolution directing the City Administrator to conduct a Race and

Gender Disparity Evaluation and Study of both (1) the City's bidding and awards of City

contracts (commonly referred to as a "Croson Study") and (2) the City's Workforce Diversity in

comparison to the relevant labor pool by selecting through requests for qualification or requests

for proposal - a qualified independent consultant(s) of national reputation to conduct the

required evaluation and study (05-0033)

The following individual(s) spoke and indicated a neutral position on this item:

- Hugh Bassette

- Gene Hazzan

- Martin Mawnings

-Geoffrey Pete

-Darrell Carey

-Diane Howell

-Delma Mack

-Sanjiv Handa

The following individual(s) spoke in favor of this item:

- Frank Tucker

- Bob Bishop

- Charlie Walker

Subject: Granting of Utility Easements to Pacific Gas & Electric

From: Community and Economic Development Agency

Recommendation: Approve the Final Passage (Second Reading) of an Ordinance authorizing

the granting of two permanent utility easements to Pacific Gas and Electric Company located at

the City of Oakland Fire Station at 250 Fallon Street (Site 1) and the east side of Fallon Street

at Victory Court (Site 2) for the combined appraised market value of $5,070 (05-0056)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

A motion was made by Councilmember Chang, seconded by

Councilmember Brunner, including all the preceding items marked as

having been adopted on the Consent Agenda. The motion carried by the

following vote:

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

Two final decisions were made during Closed Session. Please refer to

Attachment A to these minutes for the Closed Session report out Form

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Agency/Councilmember Brooks 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, and President of the Council De La Fuente -7

Subject: City's Non-Disposal Facility Element - Public Hearing

From: Public Works Agency

Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution adopting

the City's amended non-disposal facility element, which describes solid waste and recycling

facilities that assist the City to reduce materials sent to landfills, and approving its submittal to

the California Integrated Waste Management Board and the Alameda County Waste

Management Authority (05-0027)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was

opened at 7:20 p.m.

Agency/Councilmember Reid made a motion, seconded by

Agency/Councilmember Chang, to close the Public Hearing, and hearing no

objections, the motion passed by Ayes: Agency/Councilmember: Brooks,

Brunner, Chang, Nadel, Reid, Quan, and President of the Council De La

Fuente -7

Subject: 5625 International Blvd. - Repaving Agreement

From: Community and Economic Development Agency

Recommendation: Adopt an Agency Resolution authorizing an Owner Participation Agreement

with SVC Manufacturing, Inc., DBA Gatorade, for retention, expansion and improvement of

it's manufacturing facility at 5625 International Boulevard and an Agency payment not to

exceed $250,000 for repaving 57th Avenue adjacent to the facility (04-0961)

A motion was made by Councilmember Brooks, seconded by

Councilmember Reid, that this matter be Adopted as Amended. The

motion carried by the following vote:

ORA\Councilmember Abstained: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks,

Councilmember Reid and Councilmember Chang

Agency/Councilmember Brooks made a motion, seconded by

Agency/Councilmember Reid, to adopt the resolution on Item 15 as amended, to

include the following:

1) Amendment to the second "Resolved" in the Resolution to replace the word

"hire" with the word "consider";

2) the modification to the Gatorade OPA Term Sheet accordingly:

paragraph "e" replacing the term "hire" with the term "consider" and adding

the sentence: Failure to SVC to comply with this Agreement will constitute a

default and will require SVC to reimburse the Agency the full amount of the

Agency payment; and

3) direction to staff to return and negotiate the language "consider first" as part

of the agreement, and upon call of the roll, the motion passed by Ayes:

Agency/Councilmember: Brooks, Chang, Nadel, Reid, Quan, and President of

the Council De La Fuente -6, Abstain - Brunner - 1

View Report.pdf,

View Supplemental Report.pdf

Subject: Measure DD - Clean Water and Safe Parks

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of legislation:

1) Adopt a Resolution authorizing revisions to the appropriation of seventy million five

hundred seventy nine thousand dollars ($70,579,000) during Fiscal Year 2003 - 2004 in

Oakland Trust for Clean Water and Safe Parks (Measure DD) Series A general obligation

bonds (04-0840)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

- Nancy Rieser

The following individual(s) spoke in favor of this item:

- Jim Ratliff

2) Adopt a Resolution authorizing application of up to ten million dollars ($10,000,000) in

California Coastal Conservancy Funds for the Lake Merritt 12th Street Improvement Project

($9,000,000) and water quality technologies at Lake Merritt ($1,000,000) (04-0840-2)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Agency/Councilmember Brunner made a motion, seconded by

Agency/Councilmember Nadel, to adopt the Resolution as amended on Item

16-2, excluding the $900,000 for fire suppression, with this portion returning to

the Life Enrichment Committee for further clarification, and hearing no

objections, the motion passed by Ayes: Agency/Councilmember: Brooks,

Brunner, Chang, Nadel, Reid, Quan, and President of the Council De La

Fuente -7

3) Adopt a resolution authorizing the City Administrator to negotiate and execute an

amendment to a professional services contract with The Friends of Oakland Parks and

Recreation for administrative support services associated with the Measure DD Community

coalition in an amount not to exceed $23,752, for a total contract amount not to exceed $39,751

(04-0840-3)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry Reid

From: Councilmembers Nancy Nadel and Larry Reid

Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel and Larry

Reid's travel to Washington DC from March 11-15 for the National League of Cities

Conference (05-0089)

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Appointment to the Community Policing Advisory Board

From: Council President De La Fuente

Recommendation: Adopt a Resolution appointing Brendan Mulholland as a member of the

Community Policing Advisory Board representing City Council District 5 (05-0102)

ORA\Councilmember Absent: 1 - Councilmember Chang

ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks and Councilmember Reid

Subject: Appointment of Council President to the Public Safety Committee

From: Council President De La Fuente

Recommendation: Action pursuant to the Council's rules of procedure (Resolution #79006

C.M.S.) to confirm the City Council President's appointment of Councilmember Ignacio De La

Fuente to the Public Safety Committee (05-0131)

A motion was made by Councilmember Brooks, seconded by

Councilmember Reid, that this matter be Adopted Agency/Councilmember

Brooks made a motion seconded by Agency/Councilmember Reid 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. The motion carried by the following vote:

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Brunner, Councilmember Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

The following individual(s) spoke in favor of this item:

Patrick McCullough

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

There being no further business, and upon the motion duly made, the

Agency/Council adjourned the meeting in memory of Robert Akins, Rory Shaw,

Douglas Espinoza, Richard Camber, Christina Helen Morton at 8:40 p.m.

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