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 6:17 p.m.

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Present: 7 - Vice Mayor Brunner, Councilmember Nadel,

Councilmember Kernighan, Councilmember Quan, President of the Council De

La Fuente, 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.

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 Excused: 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: Dolores R. Serapio - Dedicated Service

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Commending Dolores R. Serapio For 31 Years Of

Devoted And Dedicated Service And Congratulating Her On Her Retirement From The City Of

Oakland (05-0900)

ORA\Councilmember Excused: 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: Rhita Wilson - Dedicated Service

From: Vice Mayor Brunner

Recommendation: Adopt A Resolution Commending Rhita Wilson For Her Many Years Of

Devoted And Dedicated Service And Congratulating Her On Her Retirement From The City Of

Oakland (05-0941)

ORA\Councilmember Excused: 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: California Revels

From: Councilmember Nadel

Recommendation: Adopt A Resolution Congratulating California Revels For Twenty Years Of

Community Performances In Oakland, Celebrating The Winter Solstice And Honoring Diverse

Cultures Throughout The World (05-0946)

ORA\Councilmember Excused: 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: 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 (05-0955)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, 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 (05-0956)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

Subject: Mateo Mira - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Compromise And Settle The Claim Of Mateo Mira, In The Amount Of Seven Thousand Six

Hundred Dollars and No Cents ($7,600.00), As A Result Of Property And Bodily Injury

Damages Sustained In An Automobile Collision With A City Vehicle (Finance Management

Agency) (05-0922)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

Subject: Jeanette Grier - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Compromise And Settle The Claim Of Jeanette Grier, In The Amount Of Five Thousand Four

Hundred Fifty Dollars And No Cents ($5,450.00), As A Result Of Damage To Her Sanitary

Sewer Lateral Caused By Tree Roots From A City Tree On March 2, 2005 (PWA) (05-0923)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

Subject: Shem Coward and Jennifer Coward

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Compromise And Settle The Claim Of Shem Coward And Jennifer Coward, In The Amount Of

Eight Thousand Eight Hundred Forty Six Dollars And No Cents ($8,846.00), As A Result Of

Property Damage Sustained due To A Sewer Flood Caused By A Clogged City Sewer Main On

May 17, 2005. (PWA) (05-0924)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

Subject: Ofelia De Guzman - Recognition

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Commending Ofelia De Guzman For 18 Years Of

Devoted And Dedicated Service And Congratulating Her On Her Retirement From The City Of

Oakland (05-0916)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

Subject: Mary Helen Joseph - Recognition

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Commending Mary Helen Joseph For 16 Years Of

Devoted And Dedicated Service And Congratulating Her On Her Retirement From The City Of

Oakland (05-0915)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

A motion was made by Councilmember Chang, seconded by

Councilmember Reid, including all the preceding items marked as having

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

vote:

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 2 - Vice Mayor Brunner and Councilmember

Quan

ORA\Councilmember Ayes: 5 - Councilmember Nadel, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 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

There were 3 final actions reported out from Closed Session. Please review

attachment "A".

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

- Sanjiv Handa

Agency/Councilmember Reid made a motion seconded by

Agency/Councilmember Chang 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: Brunner, Chang, Nadel,

Reid, Quan, Kernighan and President of the Council De La Fuente -7 and

Excused: Agency/Councilmember: Brooks - 1

Upon completion of the Consent Calendar the Clerk noted the time was 6:53

P.M. and Council recessed prior to hearing the Non-consent portion of the

agenda.

Subject: Tree Appeal - 436 Oakland Avenue

From: Public Works Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution

Denying The Appeal Filed By Neil Kaplan Against The Decision Of The Public Works Agency

Approving The Issuance Of Tree Removal Permit DRO5-073 For 436 Oakland Avenue

(05-0637)

Subject: 800 Center LLC - Purchase And Sales Agreement

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 800 Center LLC, The Adjoining Properties Owner, Approximately 6,900 Square Feet Of

City Owned Surplus Real Property Located At 1430 8th Street And 816 Center Street (APN#

004-0067-015 And APN# 004-0067-017) For The Fair Market Value Of $120,000.00

(05-0722)

ORA\Councilmember Excused: 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: Status Report On Katrina Evacuees

From: Councilmember Brooks

Recommendation: Receive A Status Report On Katrina Evacuees And City Of Oakland

Assistance Efforts; Recommendations For City Action To Provide Continued Relief From This

Crisis (05-0964)

A motion was made by Councilmember Nadel, seconded by Vice Mayor

Brunner, that this matter be *Received and Filed. The motion carried by

the following vote:

ORA\Councilmember Excused: 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

Agency/Councilmember Reid made a motion seconded by

Agency/Councilmember Quan to approve an urgency finding pursuant to

Section 2.20.080 E(2) regarding Item S15.1 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.

Staff was directed to return on December 20, 2005 with a detailed written

report including updated funding figures and the number of affected Katrina

families currently in the City of Oakland.

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

- Nell Myhand

- CC Campbell Rock

- Lori Nairne

- Millie Burns

- Tre' Riddle

- Sanjiv Handa

View Report.pdf,

View Report.pdf

Subject: 800 Center LLC - Purchase And Sales Agreement

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 800 Center LLC, The Adjoining Properties Owner, Approximately 6,900 Square Feet Of

City Owned Surplus Real Property Located At 1430 8th Street And 816 Center Street (APN#

004-0067-015 And APN# 004-0067-017) For The Fair Market Value Of $120,000.00

(05-0722-1)

ORA\Councilmember Excused: 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: Arcadia Park Residential Project

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The Fourth

Amendment To The Coliseum Area Redevelopment Plan Amending The Land Use Designation

For The 366-Unit Arcadia Park Residential Project Site, Located At The Intersection Of 98th

Avenue And San Leandro Street, From Manufacturing To Housing And Business Mix

(05-0832-4)

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 Abstained: 1 - Councilmember Quan

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Noes: 1 - Councilmember Nadel

ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

2) Approve The Final Passage (Second Reading) Of An Ordinance Rezoning The 366-Unit

Arcadia Park Residential Project Site, Located At The Intersection Of 98th Avenue And San

Leandro Street, From The M-30 General Industrial Zone To The R-30 One-Family Residential

Zone And R-50 Medium Density Residential Zone (05-0832-6)

ORA\Councilmember Abstained: 1 - Councilmember Quan

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Noes: 1 - Councilmember Nadel

ORA\Councilmember Ayes: 5 - Vice Mayor Brunner, Councilmember

Kernighan, President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

Subject: Rent Adjustment And Enterprise Zone Hiring Credit Voucher

From: Community And Economic Development Agency

Recommendation: Approve The Final Passage (Second Reading) An Ordinance Amending

Ordinance Number 12676 C.M.S. (Master Fee Schedule), As Amended To Modify Rent

Adjustment And Enterprise Zone Hiring Credit Voucher Fees Assessed By The Community

And Economic Development Agency (05-0855)

ORA\Councilmember Excused: 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: Bordertown Skate Park - Agreement

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) Of An Ordinance Adding The Chapter 5 Of The

Oakland Municipal Code, Entitled Business Licenses And Regulations, New Section 5.90.010

Through 5.90.040 (Or Other Appropriate Section Numbering) Relating To Regulation Of Skate

Park Facilities (05-0842)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 1 - Councilmember Reid

ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember Nadel,

Councilmember Kernighan, Councilmember Quan, President of the Council De

La Fuente and Councilmember Chang

2) Approve The Final Passage (Second Reading) Of An Ordinance Authorizing A Sublease

Agreement With Border Town Skate Park, Inc., For The Sole And Exclusive Purpose Of

Operating A Skate Board Park Located Under State Highway 580 At The North Western End

Of Louise Street, Oakland, For $100.00 For The Term Of The Lease, Plus Provision Of Regular

Litter Cleanup Services For The State Department Of Transportation For A Term Of Thirty

(30) Months, With An Option For One Thirty (30) Month Extension (05-0842-1)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Absent: 1 - Councilmember Reid

ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember Nadel,

Councilmember Kernighan, Councilmember Quan, President of the Council De

La Fuente and Councilmember Chang

Subject: Comcast Cable Franchise

From: Office of the City Administrator and Office of the City Clerk

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) Of Ordinance Of The City Of Oakland Amending

Chapter 5.16 Of Title 5 Of The Oakland Municipal Code To Regulate The Occupancy And Use

Of Public Rights-Of-Way By Cable Systems And Open Video Systems, To Provide For

Establishment Of Customer Service Standards; Establishing Franchise And Licensing

Requirements For Operators Of Such Systems And To Prescribe Minimum Charges, Terms,

And Conditions For And Upon The Construction, Maintenance, And Repair Of Such Systems;

And (05-0422)

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 December 20, 2005. The motion carried by the

following vote:

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Recused: 1 - Councilmember Kernighan

ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember Nadel,

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

Reid and Councilmember Chang

2) Approve The Introduction (First Reading) Of An Ordinance Of The City Of Oakland

Granting A Thirteen Year Cable Franchise To Comcast Of California/Colorado, LLC To

Construct And Operate A Cable System To Provide Cable Service Within The City Of

Oakland; Establishing The Terms And Conditions Of The Franchise Grant; And Establishing

Certain Remedies For The Violation Of The Franchise (05-0422-1)

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 December 20, 2005. The motion carried by the

following vote:

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Recused: 1 - Councilmember Kernighan

ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember Nadel,

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:

- Sanjiv Handa

- Sharon Conru

- Will Goodo

- Gary Larson

- Linda Crayton

- Jada Roseman

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

- Ondrietta Johnson

Subject: Franchise Grantee Worker Protections

From: Office of the City Attorney

Recommendation: Approve The Introduction (First Reading) Of An Ordinance Creating

Chapter 2.36 Of The Oakland Municipal Code To: Prohibit Franchise Grantees From

Discriminating Against Employees For Participating In Employee Organizations; Require

Franchise Grantees To Notify Contractors And Subcontractors Of Their Labor Obligations;

Prohibit Discrimination Against Employees For Speaking Before Or Filing A Complaint With

Any Government Agency Or Court; Ensure That Company Policies Are Not Construed To

Limit Organizing Activities By Employees, And; Authorize The Establishment Of A

"Franchise Grantee Workers Rights Board" (05-0422-3)

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

- Sanjiv Handa

- James Thomas

- Bill Rivas

The following individual(s) spoke against this item:

- Tarra Goodman

- Carlos Cabrerra

- Dwight Grayson

- Ana Chiok

- Christopher Rico

- James Martinez

- Michelle Lowery

- Brian Mollath

- Leonard Ochatt

- Jeffrey Hollington

Subject: Henry J. Kaiser Convention Center - Closure

From: Office Of The City Administrator

Recommendation: Receive A Status Report Regarding The Proposed Closure Of The Henry J.

Kaiser Convention Center On December 31, 2005 (05-0884)

Staff was directed to continue to pursue options for funding an entertainment

company to run the facility and work with staff and Reverend

Simmons to conduct service until the renovations of Greater St. Paul are

completed.

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

- Joe Briglia

- Alton Jells

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

- Sanjiv Handa

- Rose Goodrich

The following individual(s) spoke against this item:

- Dr. Joseph Simmons

Subject: Sean Traverneir - Appointment

From: Office of the Mayor

Recommendation: Adopt A Resolution Appointing Sean Traverneir As A Member Of The

Landmarks Preservation Advisory Board (05-0957)

ORA\Councilmember Excused: 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: Housing, Residential Rent And Relocation Board - Appointment

From: Office Of The Mayor

Recommendation: Adopt A Resolution Appointing Bob McClain As A Member Of The

Housing, Residential Rent And Relocation Board (05-0904)

Subject: Housing, Residential Rent And Relocation Board - Appointment

From: Office Of The Mayor

Recommendation: Adopt A Resolution Appointing Ricardo Hunter As A Member Of The

Housing, Residential Rent And Relocation Board (05-0874)

ORA\Councilmember Excused: 1 - Councilmember Brooks

ORA\Councilmember Noes: 1 - Councilmember Nadel

ORA\Councilmember Ayes: 6 - Vice Mayor Brunner, Councilmember

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

Councilmember Reid and Councilmember Chang

Subject: Appointment to the Community Policing Advisory Board

From: Councilmember Nadel

Recommendation: Adopt A Resolution Appointing Olugbemiga Oluwole, Sr. As A Member Of

The Community Policing Advisory Board (05-0959)

ORA\Councilmember Excused: 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

Americans With Disabilities Act

If you need special assistance to participate in Oakland City Council and Committee meetings

please contact the Office of the City Clerk. When possible, please notify the City Clerk 48

hours prior to the meeting so we can make reasonable arrangements to ensure accessibility.

Also, in compliance with Oakland's policy for people with environmental illness or multiple

chemical sensitivities, please refrain from wearing strongly scented products to meetings.

Office of the City Clerk

Phone: (510) 238-7370

Fax: (510) 238-6699

Recorded Agenda: (510) 238-2386

Telecommunications Display Device: (510) 839-6451 (TDD)

THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER

THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE

SAFETY OF THOSE ATTENDING MEETINGS. (...)