Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council |
DRAFT
Hearing Room 1, City Hall, 1 Frank H. Ogawa Plaza |
City of Oakland Website: http://www.oaklandnet.com |
Tuesday, September 20, 2005
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
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 6:02 P.M. |
2
Roll Call / ORA & Council
ORA\Councilmember Present: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
The Roll Call was modified to note Councilmember Brooks present at 6:04 |
P.M. |
The Roll Call was modified to note Councilmember Reid present at 6:25 P.M |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
The following individual(s) spoke under Open Forum: |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
There was no action necessary for this item.
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
non-consent item. (Motion Maker must have voted on prevailing side) |
There was no action necessary for this item.
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee but |
not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting |
as a non-consent item. |
There was no action necessary for this item.
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council held on July 19, 2005 |
A motion was made by Councilmember Nadel, seconded by Vice Mayor |
Brunner, to *Approve the Minutes. The motion carried by the following |
vote: |
ORA\Councilmember Excused: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Tassafaronga Recreation Center Revitalization - Recognition |
From: Office of Parks and Recreation |
Recommendation: Adopt A Resolution Honoring The Home Depot And Its Volunteers For |
Revitalization Efforts At Tassafaronga Recreation Center (05-0683) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Excused: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
8.2
Subject: Johnette J. Morton - Recognition |
From: Office Of Parks and Recreation |
Recommendation: Adopt A Resolution Commending Johnette J. Morton For 24 Years Of |
Outstanding And Distinguished Service To The City Of Oakland (05-0684) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Excused: 1 - Councilmember Reid |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks and Councilmember Chang |
8.3
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Proclaiming Thursday, September 22, 2005, As The |
City Of Oakland's Second Annual Carfree Day To Encourage Transportation Alternatives To |
Driving Alone (05-0689) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Reid, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Reid took a point of personal privilege and requested |
that the meeting be adjourned in memory of Cyril Vierra Sr. |
Agency/Councilmember Brunner took a point of personal privilege and |
requested that the meeting be adjourned in memory of Jonathan Grisham and |
Elvera Wiggans. |
Agency/Councilmember took a point of personal privilege and requested that |
the meeting be adjourned in memory of Yolande Cornelius Watson Giovanni, |
Gary Ann Giovanni and Perrymon Fitzroy Ducreay. |
Agency/Councilmember Quan and Agency/Councilmember Nadel took a point |
of personal privilege and requested that the meeting be adjourned in memory of |
Zenobia Embry-Nimmer. |
Agency/Councilmember Nadel took a point of personal privilege and requested |
that the meeting be adjourned in memory of Zenobia Embry-Nimmer and Willie |
Keyes. |
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
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 (05-0669) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.2-CC
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 (05-0670) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.3-CC
Subject: Eric Satingin And Ricardo Merced - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Eric Satingin, Ricardo Merced And Their Attorney Of |
Record, Ross Meltzer, In The Amount Of $14,500, As A Result Of Bodily Injury Sustained In |
An Auto Collision Involving A City Of Oakland Vehicle On June 18, 2004. (Oakland Police |
Department) (05-0674) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.4-CC
Subject: Ronald A. Grant - Settlement |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle the Claim Of Ronald A. Grant, In The Amount Of $36,800, As A |
Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Broken City Sewer |
Main. (OPW) (05-0675) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.5-CC
Subject: Miriam Valesco - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney T |
Compromise And Settle The Claim Of Miriam Valesco, In The Amount Of Six Thousand |
Thirty Eight Dollars And No Cents ($6,038.00), As A Result Of Damage To Her Sanitary |
Sewer Lateral Caused By Tree Roots From A City Tree (OPW) (05-0676) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.6-CC
Subject: Irwin Eskanos And Jeff Schwartz - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Irwin Eskanos And Jeff Schwartz DBA Leamington |
Property, In The Amount Of $18,225.00, As A Result Of Property Damage Sustained Due To |
A Sewer Flood Caused By A Clogged City Sewer Main And Damage To Sewer Lateral Caused |
By A City Tree. (OPW) (05-0677) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.7-CC
Subject: Elliott Flowers - Settlement |
From: Office of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case of Elliott Flowers V. City Of Oakland, Et Al., United States |
District Court, Northern District Of California Case No. C-04-3521-WHA In the Amount Of |
$17,500.00 As A Result Of An Arrest On March 27, 2003 (Oakland Police Department - |
Excessive Force) (05-0673) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.8-CC
Subject: Kevin Brown - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of Kevin Brown, In An Amount $98,154.00, As A Result |
Of Property Damage Sustained Due To A Sewer Flood Caused By A Clogged City Sewer Main |
(OPW) (05-0690) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.9-CC
Subject: David Gray - Settlement |
From: Office of The City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of David Gray V. City Of Oakland, Et Al., Alameda County |
Superior Court Case No. RG04176348, Our File No. 23782, In the Amount Of $36,500.00 This |
Case Involves A Dog Bite (Oakland Police Department) (05-0672) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.10CC
Subject: James Kyle - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of James Kyle V. City Of Oakland, Alameda Superior Court |
Case No. 2002 060357, Our File No. 22151, In The Amounts Of $240,000 And $100,000 This |
Case Involves An Alleged Dangerous Condition Of Public Property (Public Works Agency) |
(05-0679) |
A motion was made that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Noes: 1 - Vice Mayor Brunner |
ORA\Councilmember Ayes: 6 - Councilmember Nadel, Councilmember |
Kernighan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
10.11-CC
Subject: Port Local 10 - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle Claims Of Three (3) Of The Remaining Seventeen (17) Plaintiffs In |
The Matters Of Port Local 10 Warehouse And Longshoremen Et Al. V. City Of Oakland, Et |
Al., United States District Count Case No. C03-2962 TEH (JL), Our File No. X01958 And Sri |
Louise Coles Et Al. V. City Of Oakland Et Al., United States District Court Case No. |
C03-2961 TEH, Our File No. 23333, For A Sum Not To Exceed A Total Of Five Hundred |
Ninety-Two Thousand Five Hundred Dollars And No Cents ($592,000.00). One Check In The |
Amount Of Five Hundred Thousand Dollars And No Cents ($500,000.00) Is To Be Issued As |
Payment To Willow Rosenthal And James B. Chanin, Her Attorney. One Check In The |
Amount Of Eighty-Five Thousands Dollars And No Cents ($85,000) Is To Be As Payment To |
John Nishinaga And James B. Chanin, His Attorney. One Check In The Amount Of Seven |
Thousand Five Hundred Dollars And No Cents ($7,500.00) Is To Be Issued As Payment To |
Cliff Close And James B. Chanin, His Attorney. These Matters Arise From The April 7, 2003 |
Port Of Oakland Police Action (Excessive Force/Civil Rights Violation) (05-0678) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.12-CC
Subject: Motorized Scooters / Motorized "Pocket Bikes" |
From: Oakland Police Department |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Adding |
Chapter 10.17 To The Oakland Municipal Code Requiring Sellers Of Motorized Scooters And |
Motorized "Pocket Bikes" To Advise Consumers Of The State And Local Laws Regulating The |
Operation Of The Devices Within The City Of Oakland (05-0525) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.13-CC
Subject: 51st Street And Telegraph Avenue Property Surplus |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of A City Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sale Agreement To Sell To |
5110 Telegraph LLC., The Adjoining Property Owners, Approximately 4,600 Square Feet Of |
City Owned Surplus Real Properties (Portions Of Assessor Parcel Number (s): |
014-1226-008-00, 014-1226-009-01, 014-1226-007-02, 014-1226-006-02, 014-1226-005-02, |
014-1226-004-03, 014-1226-003-03) Located At 51st Street And Telegraph Avenue For The |
Fair Market Value Of $246,000; Appropriating The Proceeds Of The Sale Into The Real Estate |
Surplus Property Project (05-0465) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.14-CC
Subject: Grizzly Peak Boulevard |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of A City Ordinance |
Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To Sell |
To Brennan Mulligan And Yeung Tsui, The Adjoining Property Owners, Approximately 1,360 |
Square Feet Of City Owned Surplus Real Property Located At Grizzly Peak Boulevard (APN# |
048H-7510-002-00) For The Fair Market Value Of $1,360.00 (05-0363) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.15-CC
Subject: Purchase Agreement with William T. Neill |
From: Community Economic and Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing |
The City Administrator To Enter Into A Purchase And Sale Agreement With William T. Neill, |
The Adjoining Property Owner, To Purchase Approximately 4,500 Square Feet Of City Owned |
Surplus Real Property Located At 51st Street Between Manila And Coronado Avenue For The |
Fair Market Value Of $4,500 (05-0333) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
10.16-CC
Subject: Reduction of Commercial Truck Activity - West Oakland |
From: Councilmember Nadel |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Sections 10.52.070 And 10.52.120 Of The Oakland Municipal Code To Modify Existing Local |
And Through Truck Routes In West Oakland (05-0291) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.17-CC
Subject: Animal Control And Shelter Manager Classification |
From: Finance And Management Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
The Salary Schedule Of Ordinance No. 12187 C.M.S. (The Salary Ordinance) To Add the |
Classification Of Director Of Animal Services (05-0553) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
10.18-CC
Subject: International Association of Firefighters - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Fixing The City's Contribution Under The Public |
Employer's Medical And Hospital Care Act, Only With Respect To Sworn Fire Unit Employees |
Who Belong To The Public Employees' Retirement System, And Fixing The City's |
Contribution For Employees And Annuitants At Different Amounts; And Rescinding |
Resolution No. 79336 And Resolution No. 66402 Of The Same Title (05-0696) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Measure B Amendment Endorsement |
From: Public Works Agency |
Recommendation: Adopt A Resolution Endorsing Amendment Of The 1986 Measure B |
Alameda County Transportation Expenditure Plan To Reprogram Funds Earmarked For The |
Route 238 Hayward By-Pass Project To Four Alternative Projects In Central County That |
Address Traffic Congestion In The Hayward Bypass Corridor (05-0626) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Macias, Gini And Company - Contract |
From: Finance And Management Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Agency Administrator To Enter Into A Contract |
With Macias, Gini & Company, LLP Audit Services For Fiscal Year Ending June 30, 2005 |
(05-0647) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
2) A Resolution Authorizing The City Administrator To Enact A One-Year Extension With |
Macias, Gini & Company, LLP To Provide Audit Services For Fiscal Year Ending June 30, |
2005 In The Amount Not To Exceed $665,400 (05-0647-1) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: New Market Tax Credits |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Redevelopment Agency To Apply For An |
Allocation Of New Market Tax Credits As A Strong Affiliate Oakland Renaissance NMTC, |
Inc.; and (05-0656) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
2) A Resolution Authorizing The City Of Oakland To Apply For An Allocation Of New Market |
Tax Credits As A Strong Affiliate Of Oakland Renaissance NMTC, Inc. (05-0656-1) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Traffic Stop Signs And Parking Meter Zone For 19th Street And Thomas L. Berkley |
Way |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving The Installation Of Traffic Stop Signs And A Traffic Signal For A |
New Street Connecting 19th Street, William Street, And Thomas L. Berkley Way For The |
Uptown Oakland Project; And (05-0562) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
2) Approve The Introduction (First Reading) Of An Ordinance Amending Oakland Municipal |
Code Chapter 10.36 And Adding A Metered Parking Zone Along A New Street Connecting |
19th Street, William Street, And Thomas L. Berkley Way For The Uptown Oakland Mixed Use |
Redevelopment Project (05-0562-1) |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Underground Encroachments |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Granting FC Oakland, Inc., A Conditional And Revocable Encroachment |
Permit To Install A Below-Sidewalk Temporary Soil Shoring System In William Street, 19th |
Street, San Pablo Avenue, Telegraph Avenue, And Thomas L. Berkley Way For The Uptown |
Oakland Mixed Use Redevelopment Project; and (05-0561) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
2) A Resolution Granting FC Oakland, Inc., A Conditional And Revocable Encroachment |
Permit To Install And Maintain Custom Roadway Pavement In William Street For The Uptown |
Oakland Mixed Use Redevelopment Project; And (05-0561-1) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
3) A Resolution Granting FC Oakland, Inc., A Conditional And Revocable Encroachment |
Permit To Install Below-Sidewalk Electrical Transformers, Vaults, And Power Distribution |
Cabling In William Street, 19th Street, Thomas L. Berkley Way, San Pablo Avenue, And |
Telegraph Avenue For The Uptown Oakland Mixed Use Redevelopment Project (05-0561-2) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Rescinding Resolution Number 78803 |
From: Cultural Arts and Marketing Division |
Recommendation: Adopt A Resolution Rescinding Resolution Number 78803 C.M.S |
Authorizing The City's Participation In The Arts Loan Fund Managed By The Northern |
California Grantmakers (05-0639) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Cultural Arts Loan Program |
From: Cultural Arts Department |
Recommendation: Adopt An Agency Resolution (1) Rescinding Resolution Number 94-43 |
C.M.S, And Terminating The Cultural Arts Revolving Loan Program, And (2) Authorizing The |
Agency's Participation In The Arts Loan Fund Managed By The Northern California |
Grantmakers (05-0638) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Library Services And Construction Act Grant |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Apply For, Accept And Appropriate A Grant In The Amount Of $31,439 |
From The California State Library, Library Services And Construction Act (LSTA) To Support |
The Public Library Staff Education Program For Fiscal Year 2005-2006 (05-0662) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Digital Resources Grant |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Apply For, Accept And Appropriate A Grant In The Amount Of $6,000 |
From The California State Library, Library Services And Construction Act (LSTA) For The |
Local History Digital Resources Program For Fiscal Year 2005-2006 (05-0664) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
Subject: PASS! After School Program |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Apply For, Accept And Appropriate A Grant In The Amount Of $10,000 |
From The East Bay Community Foundation (EBFC) To Support The Library's PASS! |
After-School Homework Program In Fiscal Year 2005-2006 (05-0663) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Raise A Reader Pilot Project |
From: Oakland Public Library |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Apply For, Accept And Appropriate A Grant In The Amount Of $10,000 |
From The Trio Foundation For The Raising A Reader Pilot Project For Fiscal Year 2005-2006 |
(05-0661) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: All Star Fire Equipment - Agreement |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
Term Agreement With All Star Fire Equipment For The Purchase Of Firefighter Protective |
Clothing (Turnouts) In An Amount Not To Exceed Three Hundred Ninety Thousand Dollars |
($390,000.00) For The Period October 14, 2005 Through October 13, 2008, and Authorizing |
Waiver Of The Competitive Bidding Requirements (05-0646) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Subject: Concentra Medical Centers - Contract |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
Contract With Concentra Medical Centers To Perform Physical Fitness Assessments And |
Health Testing Services To City Of Oakland's Firefighting Personnel For The Period October 1, |
2005 Through August 31, 2007 In An Amount That Shall Not Exceed Four Hundred Ninety |
Thousand Dollars ($490,000.00), With An Optional Two Year Extension, One Year At A |
Time, In An Amount That Shall Not Exceed Two Hundred Forty Five Thousand Dollars |
($245,000.00) Per Year (05-0645) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
Passed The Consent Agenda
A motion was made by Councilmember Quan, seconded by |
Councilmember Nadel, including all the preceding items marked as having |
been adopted on the Consent Agenda. The motion carried by the following |
vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
A motion was made by Councilmember Brooks, seconded by |
Councilmember Chang, to *Received and Filed. The motion carried by the |
following vote: |
ORA\Councilmember Absent: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, to *Received and Filed. The motion carried by the |
following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item.
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Brookpark Tree Removal |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt Of A Resolution |
Denying The Appeal Filed By Robert Bobb Against The Decision Of The Public Works |
Agency Approving The Issuance Of Tree Removal Permit DR02-123 For Brookpark Road, An |
Undeveloped Lot, APN 085-0105-040-00, In Order To Build A New Home (05-0420) |
*Withdrawn with No New Date
14.2
Subject: Tree Removal Permit DR05-083 |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Carol Wolman-Clapsadle Against The Decision Of The Public |
Works Agency Approving The Issuance Of Tree Removal Permit DR05-083 For 400 40th |
Street (05-0686) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Reid, that this matter be Adopted as Amended to deny the appeal and |
approve the Tree Removal Permit under the following conditions; (1) A |
minimum of 6 of trees currently on-site must be 36 inch box-sized trees, (2) |
the applicant must plant street trees on their side of Shafter, from 40th to |
41st Street, and on their side of 41st Street, (3) the applicant must offer to |
plant street trees along the side of 41st Street opposite their project, (4) the |
applicant must relocate the lady palm, as the applicant has offered; and (5) |
the applicant must try to preserve as many of the Silk Oak trees as |
possible. |
The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
opened at 7:06 P.M. |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Reid, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council |
De La Fuente -8 |
The following individual(s) spoke and did not indicate a position on this item: |
The following individual(s) spoke in favor of this item: |
14.3
Subject: Delinquent Business Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct a Public Hearing regarding the assessment of liens for delinquent |
business taxes and upon conclusion adopt one of the following pieces of legislation: |
1) Adopt A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The |
Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - |
Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice |
Of Lien And Assessment Charges To Be Turned Over To The County For Collection; or |
(05-0680) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was |
opened 7:36 PM |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Reid, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council |
De La Fuente -8 |
The following individual(s) spoke and did not indicate a position on this item: |
2) Adopt A Resolution Overruling Protests And Accepting And Confirming Reports Of The |
City Administrator On The Delinquent Business Taxes, And Confirming The Recordation Of |
Liens, Administrative Charges, And Assessment Charges As Necessary - Pursuant To Title 5, |
Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And |
Assessment Charges To Be Turned Over To The County Tax Collector For Collection; or |
(05-0680-1) |
Not Adopted
3) Adopt A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Business Taxes, And Confirming Of The Recordation Of Liens, Administrative |
Charges And Assessment Charges, As Necessary - Pursuant To Title 5, Chapter 5.04 Of The |
Oakland Municipal Code (05-0680-2) |
Not Adopted
14.4
Subject: Delinquent Mandatory Garbage Fees - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding Delinquent Mandatory Garbage Fees |
For January/February/March 2005 Monthly Accounts And April/May/June 2005, Quarterly |
Accounts And Upon Conclusion Adopt One Of The Following Resolutions: |
1) Adopt A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees, And Confirming |
The Recordation Of Liens, Administrative Charges, And Assessment Charges, As Necessary - |
Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien |
And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; or |
(05-0681) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was |
opened 7:39 P.M. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Kernighan, to close the Public Hearing, and hearing |
no objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council |
De La Fuente -8 |
The following individual(s) spoke and did not indicate a position on this item: |
2) Adopt A Resolution Overruling Protests And Objections, And Accepting And Confirming |
Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For |
Delinquent Garbage Service Fees, And Authorizing The Recordation Of Liens, Administrative |
Charges, As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And |
Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County |
Tax Collector For Collection; or (05-0681-1) |
Not Adopted
3) Adopt A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Garbage Services Fees And Confirming Of The Recordation Of Liens, |
Administrative Charges, And Assessment Charges, As Necessary - Pursuant To Chapter 8.28 |
Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges |
To Be Turned Over To The Alameda County Tax Collector For Collections (05-0681-2) |
Not Adopted
14.5
Subject: Delinquent Real Property Transfer Taxes - Public Hearing |
From: Finance and Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The Following |
Resolutions: |
1) Adopt A Resolution Accepting And Confirming Reports Of The City Administrator On The |
Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes, And |
Confirming The Recordation Of Liens, Administrative Charges, And Assessment Charges, As |
Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The |
Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For |
Collection; or (05-0682) |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.5 by the City Clerk, the Public Hearing was |
opened at 7:43 P.M. |
Agency/Councilmember Reid made a motion, seconded by |
Agency/Councilmember Quan, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council |
De La Fuente -8 |
2) Adopt A Resolution Overruling Protests And Objections And Accepting And Confirming |
Reports Of The City Administrator On The Cost Incurred By The City Of Oakland For |
Delinquent Real Property Transfer Taxes, And Authorizing The Recordation Of Liens, |
Administrative Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal |
Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The |
County Tax Collector For Collection; or (05-0682-1) |
Not Adopted
3) Adopt A Resolution Continuing Hearing On Reports Of The City Administrator On The |
Delinquent Real Property Transfer Taxes And Confirming Of The Recordation Of Liens, |
Administrative Charges, And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of |
The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To |
Be Turned Over To The Alameda County Tax Collector For Collections (05-0682-2) |
Not Adopted
14.6
Subject: Delinquent Transient Occupancy Taxes - Public Hearing |
From: Finance And Management Agency |
Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For |
Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The Following |
Resolutions: |
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs |
Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Confirming |
The Recordation Of Liens, Administrative Charges, And Assessment Charges As Necessary |
Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice |
Of Lien And Assessment Charges To Be Turned Over To The County For Collection; Or |
(05-0691) |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.6 by the City Clerk, the Public Hearing was |
opened at 7:43 P.M. |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Quan, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the Council |
De La Fuente -8 |
2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City |
Administrator On The Delinquent Transient Occupancy Taxes And Confirming The |
Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary |
Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice |
Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For |
Collection; Or (05-0691-1) |
Not Adopted
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent |
Transient Occupancy Taxes And Confirming The Recordation Of Liens, Administrative |
Charges And Assessment Charges As Necessary Pursuant To Title 4, Chapter 4.24 Of The |
Oakland Municipal Code (05-0691-2) |
Not Adopted
At this time, Items 15.1 and 15.2 were taken out of order and heard prior to |
Item 14.7 |
AT 8:35 P.M., PRESIDENT OF THE CITY COUNCIL, DE LA FUENTE, |
RELINQUISHED THE CHAIR AND AGENCY/COUNCILMEMBER REID |
PRESIDED AS PRESIDENT PRO TEMPORE. |
14.7
Subject: Annual Performance and Evaluation Report |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Take Action On A Report |
Presenting The Review Of Oakland's Consolidated Annual Performance And Evaluation |
Report (CAPER) For Community Development Block Grant, Home, Housing Opportunities |
For People With AIDS And Emergency Shelter Grant Programs Performance For The Year |
2004-2005 (05-0466-1) |
A motion was made by Vice Mayor Brunner, seconded by President of the |
Council De La Fuente, that this matter be Approved the recommendations |
of the September 13, 2005 Community and Economic Development |
Committee and directed staff to return to the October 25, 2005 Community |
and Economic Development Committee meeting with a follow-up report |
including the actual budget vs. expenditures and status and |
recommendations for each program. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Brooks, Councilmember Reid and Councilmember |
Chang |
Upon the reading of Item 14.7 by the City Clerk, the Public Hearing was |
opened |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember De La Fuente, to close the Public Hearing, and |
hearing no objections, the motion passed by Ayes: Agency/Councilmember: |
Brooks, Brunner, Chang, Nadel, Reid, Quan, Kernighan and President of the |
Council De La Fuente -8 |
Upon conclusion of 14.7, Council returned to Item 15 on the agenda
ACTION ON NON-CONSENT ITEMS:
15
Subject: Pay-Go Funded Contracts |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Oakland Municipal Code Title 2, Chapter 2.04 To Add Section 2.04.018 Authorizing The City |
Administrator To Execute Pay-Go Funded Contracts In Accord With Oakland's Contracting |
Rules And Procedures Without City Council Approval (05-0541) |
A motion was made by President of the Council De La Fuente, seconded by |
Councilmember Quan, that this matter be Approved for Final Passage. |
The motion carried by the following vote: |
ORA\Councilmember Noes: 2 - Councilmember Brooks and Councilmember |
Chang |
ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente and Councilmember Reid |
The following individual(s) spoke and did not indicate a position on this item: |
S-15.1
Subject: Oakland Workforce Investment Board Alternatives |
From: Community And Economic Development Agency |
Recommendation: Adopt One Of The Following Resolutions Regarding The Oakland |
Workforce Investment Board: |
1) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland Private |
Industry Council, Inc., (PIC) To Serve As The Workforce Investment System Administrator For |
Up To Three Years In An Amount No To Exceed $1,300,000 For Fiscal Year 2005-2006; B) A |
Memorandum Of Understanding With The Oakland PIC To Serve As The One Stop Career |
Center Operator For Up To Three Years In An Amount Not To Exceed $1,900,000 For Fiscal |
Year 2005-2006; And C) The Disbursement Of Additional Funds To The Oakland PIC For |
Subcontracts With Adult And Youth Service Providers As Approved By The Oakland |
Workforce Investment Board, For Delivery Of Support Services And Training For Job Seekers |
And Business Clients, And For Other Programs For Which The Oakland PIC Acts As System |
Administrator; Or (05-0688) |
Not Adopted
2) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland Private |
Industry Council, Inc., (PIC) To Serve As The Oakland Workforce Investment System |
Administrator For Up To Three Years In An Amount Not To Exceed $1,300,000 For Fiscal |
Year 2005-2006; B) A Memorandum Of Understanding With The Oakland PIC To Serve As |
The One Stop Career Center Operator For Up To Three Years In An Amount No To Exceed |
$1,325,000 For Fiscal Year 2005-2006; C) The Disbursement Of Additional Funds To The |
Oakland PIC For Subcontracts With Adult And Youth Service Providers As Delivery OF |
Support Services And Training For Job Seekers And Business Clients, And For Other Programs |
For Which Oakland PIC Acts As System Administrator; And (D) The Issuance Of A Request |
For Proposals To Provide Services To Formerly Incarcerated Clients In The Amount Of |
$575,000 (05-0688-1) |
A motion was made by President of the Council De La Fuente, seconded by |
Councilmember Chang, that this matter be Adopted Council also directed |
staff to expedite the Request For Proposal (RFP) for the $575,000 The |
motion carried by the following vote: |
ORA\Councilmember Noes: 2 - Councilmember Nadel and Councilmember |
Brooks |
ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember |
Kernighan, Councilmember Quan, President of the Council De La Fuente, |
Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
- Bill Paterson (time ceded from Charles Turner) |
The following individual(s) spoke in favor of this item: |
S-15.2
Subject: Billboard Management And Regulation |
From: Community And Economic Development Agency |
Recommendation: Action On A Report And Recommendations Outlining The City's Land Use |
Authority And Options For The Management And Regulation Of Outdoor Advertising Signs |
(Billboards) In The City Of Oakland, Including The Port Area (05-0400) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Quan, that this matter be Approve as Amended Council directed staff to |
begin discussions with the Port of Oakland towards a negotiated agreement |
on regulating outdoor advertising in the Port Area and to return to Council |
with that agreement by December 6, 2005; and/or to return to the |
December 6, 2005 City Council meeting with the first step necessary to |
make a General Plan amendment, in the event that an agreement can not |
be reached, per Option A in the staff report. The motion carried by the |
following vote: |
ORA\Councilmember Noes: 3 - Councilmember Brooks, Councilmember Reid |
and Councilmember Chang |
ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan and President of the Council |
De La Fuente |
The following individual(s) spoke and did not indicate a position on this item: |
S-15.3
Subject: Prevent Violence Among Youth - Agreements |
From: Department of Human Services |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator To Execute An Agreement For $147,364 |
Between The City Of Oakland And The Alameda Count District Attorney's Office For Family |
Justice Center To Fund Support Group And Services For Older Youth Who Have Been |
Exposed To Violence And/Or Have Been Sexually Exploited In Accordance With Measure Y |
For The Period Of July 1, 2005 Through June 30, 2006, With Two One Year Options (Without |
Returning To Council) To Renew; And (05-0650-1) |
A motion was made by Councilmember Quan, seconded by Vice Mayor |
Brunner, that this matter be Adopted as Amended to include the following |
requirements: 1) with an exception of immediate termination of any |
program that does not comply with the program requirements, 2) must be |
required (not encouraged) for collection of data for sports programs', 3) an |
equivalent educational institution and further directed staff to return to |
Council with annual progress and accountability reports on all contracts |
which includes a plan for any unspent monies and a report on how to fund |
teen centers. The motion carried by the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke against this item: |
2) A Resolution Authorizing The City Administrator To Execute An Agreement With The |
Mentoring Center In An Amount Not-To-Exceed $491,241.00 For Delivery Of Community |
Services The Under Pathways To Change Model In Accordance With Measure Y For Fiscal |
Year 2005-2006 With Two One Year Options To Renew Without Returning To Council; And |
Receive An Informational Update On Measure Y Agreements Previously Approved By |
Council; And, Receive An Informational Update On Oversight And Evaluation Of Measure Y |
Programs (05-0650-2) |
A motion was made by Councilmember Quan, seconded by Vice Mayor |
Brunner, that this matter be Adopted as Amended. The motion carried by |
the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
S-15.4
Subject: Measure Y Funded Programs |
From: Department of Human Services |
Recommendation: Action On A Report And Recommendations To Approve The Competitive |
Proposal Process For Measure Y Funded Violence Prevention Programs In Fiscal Year |
2005-2007 (05-0668) |
A motion was made by Councilmember Quan, seconded by Vice Mayor |
Brunner, that this matter be Approved. The motion carried by the |
following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, President of the Council De |
La Fuente, Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
The Council made, seconded and passed a motion to extend the meeting past |
10:30 P.M. |
S-15.5
Subject: Hurricane Katrina Relief Efforts |
From: Office of the City Administrator |
Recommendation: Discussion And Action A On Report Regarding The City Of Oakland's |
Participation In Hurricane Katrina Relief Efforts (05-0740) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Approve as Amended and |
directed staff to pursues all courses of actions for Katrina relief efforts |
including but not limited; to drafting options with protection for landlords |
and tenants, review of subsidies from General Fund and other creative |
solutions, and further refered the matter to the Rules and Legislation |
Committee to schedule a consistant time for the full body to discuss and |
receive information on Katrina related issues The motion carried by the |
following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
The following individual(s) spoke in favor of this item: |
- Linda Kiehle (time ceded from Tina Lee) |
16
Subject: Animal Definition Amendments |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Section 6.04.020 Of The Oakland Municipal Code, Definitions; Amending Section 6.04.320 |
Prohibiting The Keeping Of Roosters In The City; Adding Section 6.04.400 To Limit The |
Number Of Dogs Per Household To Three; Amending Section 6.04.050 Making Chipping |
Required For Licensing, And Adding Section 6.04.410 To Add Exemptions To The Provisions |
Of This Ordinance (05-0574) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council on 10/4/2005 |
The following individual(s) spoke against this item: |
- Jill Posner (time ceded from Nancy Rieser) |
17
Subject: Dale Gieringer - Appointment |
Recommendation: Adopt A Resolution Appointing Dale Gieringer As A Member Of The |
Measure Z Advisory Committee (05-0629) |
18
Subject: Juanita Davis - Appointment |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Appointing Juanita Davis To The Planning And |
Oversight Committee (POC) Of The Oakland Fund For Children Youth (05-0630) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
19
Subject: Marilyn Montenegro - Re-Appointment |
From: Councilmember Kernighan |
Recommendation: Adopt A Resolution Re-Appointing Marilyn Montenegro To The Planning |
And Oversight Committee (POC) Of The Oakland Fund For Children Youth (05-0631) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
20
Subject: Amy Liu - Appointment |
From: Councilmember Chang |
Recommendation: Adopt A Resolution Appointing Amy Liu To The Planning And Oversight |
Committee (POC) Of The Oakland Fund For Children Youth (05-0632) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
21
Subject: Susan Chamberlin and Sandra Wolf - Appointment |
From: Office of The Mayor's Office |
Recommendation: Adopt A Resolution Appointing Susan Chamberlin And Sandra Wolf As |
Members Of The Oakland Museum Of California Foundation Board (05-0693) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
22
Subject: Richard C. Edwards - Appointment |
Recommendation: Adopt A Resolution Appointing Richard C. Edwards As A Member Of The |
Oakland Museum Of California Foundation Board (05-0694) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
23
Subject: Budget Advisory Committee - Appointment |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Re-Appointing Maeve Elise Brown To The Budget |
Advisory Committee (05-0642) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
24
Subject: Billboard Management And Regulation |
From: Community And Economic Development Agency |
Recommendation: Action On A Report And Recommendations Outlining The City's Land Use |
Authority And Options For The Management And Regulation Of Outdoor Advertising Signs |
(Billboards) In The City Of Oakland, Including The Port Area (05-0400) |
25
Subject: Public Utilities And Right-Of- Way Improvements For Uptown Project |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving A Subdivision Improvement Agreement With FC Oakland, Inc., |
For Deferred Construction Of Public Infrastructure Improvements For The Final Map From |
Tract 7616 For The Uptown Oakland Mixed Use Redevelopment Project; And (05-0563) |
26
Subject: Rent Adjustment Ordinance |
From: Community And Economic Development Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending Rent |
Adjustment Ordinance (OMC Chapter 8.22) To Add Seven Alternate Members To The |
Housing Residential Rent And Relocation Board (05-0685) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Quan, that this matter be Approved on Introduction for Final Passage to |
the Concurrent Meeting of the Oakland Redevelopment Agency / City |
Council, due back on October 4, 2005. The motion carried by the following |
vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Reid and |
Councilmember Chang |
The following individual(s) spoke and did not indicate a position on this item: |
27
Subject: Oakland Workforce Investment Board Alternatives |
From: Community And Economic Development Agency |
Recommendation: Adopt One Of The Following Resolutions Regarding The Oakland |
Workforce Investment Board: |
1) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland Private |
Industry Council, Inc., (PIC) To Serve As The Workforce Investment System Administrator For |
Up To Three Years In An Amount No To Exceed $1,300,000 For Fiscal Year 2005-2006; B) A |
Memorandum Of Understanding With The Oakland PIC To Serve As The One Stop Career |
Center Operator For Up To Three Years In An Amount Not To Exceed $1,900,000 For Fiscal |
Year 2005-2006; And C) The Disbursement Of Additional Funds To The Oakland PIC For |
Subcontracts With Adult And Youth Service Providers As Approved By The Oakland |
Workforce Investment Board, For Delivery Of Support Services And Training For Job Seekers |
And Business Clients, And For Other Programs For Which The Oakland PIC Acts As System |
Administrator; Or (05-0688) |
2) A Resolution Authorizing A) A Memorandum Of Understanding With The Oakland Private |
Industry Council, Inc., (PIC) To Serve As The Oakland Workforce Investment System |
Administrator For Up To Three Years In An Amount Not To Exceed $1,300,000 For Fiscal |
Year 2005-2006; B) A Memorandum Of Understanding With The Oakland PIC To Serve As |
The One Stop Career Center Operator For Up To Three Years In An Amount No To Exceed |
$1,325,000 For Fiscal Year 2005-2006; C) The Disbursement Of Additional Funds To The |
Oakland PIC For Subcontracts With Adult And Youth Service Providers As Delivery OF |
Support Services And Training For Job Seekers And Business Clients, And For Other Programs |
For Which Oakland PIC Acts As System Administrator; And (D) The Issuance Of A Request |
For Proposals To Provide Services To Formerly Incarcerated Clients In The Amount Of |
$575,000 (05-0688-1) |
28
Subject: Opus West Exclusive Negotiating Agreement - Extension |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Amending The Exclusive Negotiating |
Agreement With Opus West Developer Group For The Development Of Approximately 50 |
Acres Within The Former Oakland Army Base, In Order To: (1) Change The Developer Name |
To Oakland West Wind, LLC; And (2) Extend The Term Of The Agreement From 6 Months |
To 12 Months (05-0687) |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council on 10/4/2005 |
S-29
Subject: AJW Construction - Contract |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing Award Of A Construction Contract To |
AJW Construction For Citywide Sidewalk Repair In The Amount Of $1,910,036.50 (City |
Project No. G212730) (05-0648) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
S-30
Subject: Rapid Bus Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And |
Enter Into A Cooperative Agreement With The Alameda County Congestion Management |
Agency For Design, Construction And Administration Of The Rapid Bus Project Component |
Of The East Bay Smart Corridors Program To Provide For Transportation Improvements In |
Oakland With An Estimated Value Of Nine Million Dollars ($9,000,000.00) (05-0657) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
S-31
Subject: Oakland Trail Projects |
From: Public Works Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator To Apply For, Accept, And Appropriate |
Grant Funds Under The Habitat Conservation Fund Program Of The California Wildlife |
Protection Act Of 1990 For The Coliseum Garden Project At Lion Creek Up To The Amount of |
$200,000.00, (05-0665) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Brooks, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
2) A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate |
Grant Funds From The Recreational Trails Program For The Peralta Creek De Anza Trail |
Project At The Peralta Hacienda Historical Park Up To The Amount of $450,000.00, and |
(05-0665-1) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Brooks, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
3) A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate |
Grant Funds For The Recreational Trails Program For The Waterfront Trail Project up To The |
Amount of $450,000.00 (05-0665-2) |
A motion was made by Vice Mayor Brunner, seconded by Councilmember |
Brooks, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
S-32
Subject: Planning And Oversight Committee - Appointment |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Appointing Anjelica Jackson To The Planning And |
Oversight Committee Through July 31, 2006 (05-0643) |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brooks, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - President of the Council De La Fuente |
ORA\Councilmember Ayes: 7 - Vice Mayor Brunner, Councilmember Nadel, |
Councilmember Kernighan, Councilmember Quan, Councilmember Brooks, |
Councilmember Reid and Councilmember Chang |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION
There being no further business, and upon the motion duly made, the |
Agency/Council adjourned the meeting at 12:15 A.M. |
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