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 8:05 p.m.
 
 

Upon call of the roll, the following members answered their names Agency/Councilmembers: Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente – 8.
 
 

CITY OFFICIALS NOTED PRESENT

Dolores Blanchard, Assistant Agency Administrator/Assistant City Manager

Joyce Hicks, Assistant Agency Counsel/Assistant City Attorney

Ceda Floyd, Agency Secretary/City Clerk

Terry McCord, Deputy Agency Secretary/Deputy City Clerk
 
 

OPEN FORUM (Total Time Available: 15 Minutes)
 
 

The following individuals spoke during Open Forum:

- Ray Dobard- Jerry Rose

- Annalee Allen- Hugh Bassette

- Donald Paul Miller- Hector Reyna

- Pablo Avalos- Sanjiv Handa- T. J. Watt
 

President of the Council De La Fuente took a point of personal privilege and requested that the meeting be adjourned in memory of Ajmer Singh Malhi.
 
 

SPECIAL ORDERS OF THE DAY (Continued)

PURSUANT TO SECTION 00.7 OF THE SUNSHINE ORDINANCE (EFFECTIVE APRIL 14, 1997), AGENDA ITEMS WITH NO REPORTS WILL NOT BE HEARD UNLESS A WAIVER IS GRANTED BY 2/3 VOTE OF THE COMMITTEE/COUNCIL. ITEMS THAT DO NOT HAVE REPORTS ARE NOTED BY THE FOLLOWING NOTATION: (NR)
 
 

1. Approval of the Draft Minutes from the Concurrent Meetings of the Oakland Redevelopment Agency and City Council held on Tuesday, January 18, 2000

2.An oral report from the Agency Counsel/City Attorney of final decisions made during the Closed Session
 
 
 
 
 
 

The Agency Counsel/City Attorney reported that there were no final decisions made during Closed Session.
 
 

3.A disclosure of non-confidential Closed Session discussion pursuant to Section 15 of the Sunshine Ordinance
 
 

Agency/Councilmember Spees made a motion, seconded by Agency/Councilmember Reid confirming that there were no non-confidential Closed Session discussion pursuant to Section 15 of the Sunshine Ordinance; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente – 8.
 
 

4.Installations to various Boards and Commissions of the City of Oakland
 
 

There were no Installations.
 
 

MODIFICATIONS TO THE CONCURRENT AGENDA
 
 

Agency/Councilmember Spees made a motion, seconded by Agency/Councilmember Reid to adopt the agenda with the exception of Items 5, 5-1, 6, 7, 10-1, 11, 13-2, 14-1, 18-CC, 19, 20, 21 and 22; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente – 8.
 
 

Mayoral Actions and Reports from Mayor Jerry Brown
 
 

Reconsideration of Ordinances Pursuant to Charter Section 216
 
 

Tie Breaking for Legislative Actions: Motions, Resolutions & Ordinances

From Mayor Jerry Brown announcing his intentions to appoint members to various Boards and Commissions of the City of Oakland
 
 

From Mayor Jerry Brown announcing his nominations to the various Boards and Commissions of the City of Oakland
 
 

Public Meetings & Hearings

ORGANIZATIONS ARE REQUESTED TO ORGANIZE DESIGNATED SPEAKERS, IN THE INTEREST OF TIME)
 
 

Upon the reading of Item 5 by the City Clerk, the public hearing was opened.
 
 
 
 
 
 
 
 
 
 
 
 

5.7:01 p.m. – A public hearing on the appeal of Chad Thompson/Rockridge Community Plan, against the decision of the City Planning Commission in approving the application to extend a previously approved Major Conditional Use Permit (CMD95-6 (ER95-1) to construct a three-story, 57,200 square foot office building with two levels of under ground parking as an addition to the existing Dreyer’s building on College Avenue at 6061-6048 Claremont Avenue. General Plan Land Use Classification: Neighborhood Center Mixed Use; C-31 Special Commercial Zone (Environmental Determination: Final Environmental Impact Report previously certified.) (City Council District 1 – Councilmember Jane Brunner) 
 
 

The following individuals spoke on Item 5:

- Chad Thompson- Tova Rachelson 

- William Collett- Gary Rogers
 
 

Agency/Councilmember Spees made a motion, seconded by Agency/Councilmember Russo to close the public hearing; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente – 7; Recused: Agency/Councilmember Brunner - 1.
 
 

5-1A resolution denying the appeal and affirming the decision of the City Planning Commission in approving the time extension for the Dreyer’s Grand Ice Cream Project
 
 

Agency/Councilmember Spees made a motion, seconded by Agency/Councilmember Russo to deny the appeal of Chad Thompson/Rockridge Community Plan, against the decision of the City Planning Commission in approving the application to extend a previously approved Major Conditional Use Permit (CMD95-6 (ER95-1) to construct a three-story, 57,200 square foot office building with two levels of under ground parking as an addition to the existing Dreyer’s building on College Avenue at 6061-6048 Claremont Avenue. General Plan Land Use Classification: Neighborhood Center Mixed Use; C-31 Special Commercial Zone (Environmental Determination: Final Environmental Impact Report previously certified.); that the resolution denying the appeal and affirming the decision of the City Planning Commission in approving the time extension for the Dreyer’s Grand Ice Cream Project be withdrawn and directed staff to report back at the February 15, 2000 City Council meeting, with the EIR findings and a resolution denying the appeal; and, upon call of the roll, the motion passed by: Ayes: Agency/Councilmembers Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente – 7; Recused: Agency/Councilmember Brunner - 1.
 
 

Upon the reading of Item 6 by the City Clerk, the public hearing was opened.
 
 
 
 

6.7:02 p.m. – A public hearing on the appeal of King R. Woods, against the decision of the City Planning Commission in denying Major Conditional Use Permit (CMD99-258) to add sale of beer and wine in an existing Rite Aid Store at 1400 Broadway. General Plan Land Use Classification Center Business District; C-44 Central Core Commercial S-8 Urban Street Combining Zone. (Environmental Determination: Exempt; Section 15301, State CEQA Guidelines; minor alterations to existing facility.) (Historic Status: Designated Historic Property (DHP); survey rating: A1+) (City Council District 3 – Councilmember Nadel) – (At the close of the public hearing, the City Council will vote on the appeal. That vote will authorize the City Attorney to prepare a resolution with appropriate findings. The resolution containing the findings will come before the City Council at a later date for consideration. The decision of the City Council is not final until the resolution is adopted.)
 
 

The following individual spoke on Item 6:

- King Woods
 
 

Agency/Councilmember Russo made a motion, seconded by Agency/Councilmember Nadel to close the public hearing; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Reid to uphold the decision of the City Planning Commission in denying Major Conditional Use Permit (CMD99-258) to add sale of beer and wine in an existing Rite Aid Store at 1400 Broadway. General Plan Land Use Classification Center Business District; C-44 Central Core Commercial S-8 Urban Street Combining Zone. (Environmental Determination: Exempt; Section 15301, State CEQA Guidelines; minor alterations to existing facility.) (Historic Status: Designated Historic Property (DHP); survey rating: A1+) and directed the City Attorney to prepare the appropriate legislation with the appropriate finding for approval; and, upon call of the roll, the motion passed by: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

Reports/Requests from the President of the Council

7.TITLE CHANGE - From the President of the Council De La Fuente announcing his intentions to appoint John Benson, Carl Anthony, Kate White, Jean Blackshear, Andrew Montgomery, Victoria Wake, James Vann, Robert Dhondrup, Sean Heron Catherine Bishop and John Gresley to the Affordable Housing Development Task Force
 
 

Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Russo to approve the President of the Council De La Fuente's intentions to appoint John Benson, Carl Anthony, Kate White, Jean Blackshear , Andrew Montgomery, Victoria Wake, James Vann, Robert Dhondrup, Sean Heron, Catherine Bishop and John Gresley to the Housing Development Task Force; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

8.TITLE CHANGE - From the President of the Council De La Fuente announcing his intentions to appoint Bill Florence, Bonnie Simmons, Sean A. O’Hara, Ron Morra, Tom Schmitz, Gillian Garro, Dan Sweet and Torrey Young to the Tree Policy Task Force
 
 

9.From the President of the Council De La Fuente announcing his intentions to appoint Marcelo Estrada and Viola Gonzales to the Task Force to Review the Human Relations Commission
 
 

Reports/Requests from the Council
 
 

Reports from Commissions and Agency/Council Committees
 
 

Reports from Commissions and Agency/Council Committees

NOTE: REFER TO ATTACHED COMMITTEE MINUTES FOR ACTION ITEMS

10.A report and action to be taken from the meeting of the Concurrent Meetings of the Redevelopment Agency and Council Community & Economic Development Committee, held on Tuesday, November 30
 
 

10-1A report from the Director, Community & Economic Development Agency, on the recommended next steps to support development of the Mandela Village Project
 
 

The following individual spoke on Item 10-1:

- Monsa Nitoto
 
 

Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Brunner to approve the report on the recommended next steps to support development of the Mandela Village Project and to include the following: 
 
 

1. That the Mandela Village Project be reviewed after the tri-agency feasibility study is completed. (It is premature and inappropriate for the City to dictate to BART what, if any, action they should take on their own property. At present, the City does not have site control of any property mentioned in the Mandela Transit Village Project. Once the tri-agency study is complete and we know of the direction BART wishes to take with its property, we can best assess the City’s role in the project);
2. That the City encourage BART to be open to granting the community a strong role in development of a Transit Village Project at the West Oakland BART station;

 

 
 
 
 
 

3. If approached, the City will be open to assisting the Alliance for West Oakland Development, Inc., in their proposal to develop the Union Pacific site. A proposal to develop this site will help to build the Alliance’s developing capacity and place them in a better position to bid for a BART Transit Village Request for Proposal when one is released;

11.A report and action to be taken from the meeting of the City/Port Liaison Committee held on Friday, January 7, 2000
 
 

Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Brunner to approve the minutes from the meeting of the City/Port Liaison Committee held on Friday, January 7, 2000 and directed staff to report back to the City Council on February 29, 2000 with more detail on the City/Port Waterfront Development Coordination Model and boundary issue; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

12. A report and action to be taken from the meeting of the Finance and Management Committee held on Tuesday, January 11, 2000

RESOLUTION NO. 75483 C.M.S.

13-1A resolution reaffirming a commitment to annually fund site costs for the East Oakland Shelter located at 5725 International Boulevard and authorizing the reprogramming of $104,000 from Community Development Block Grant Housing Reprogramming Funds for the payment of lease costs for the shelter
 
 

13-2An Introduction of an Ordinance amending the Oakland Planning Code to require a conditional use permit for activities devoted primarily to the sales or exchange of tobacco related products and creating a one-thousand foot (1000) distance standard between such activities and sensitive uses (Final Passage on: February 8, 2000)
 
 
 
 
 
 
 
 
 
 

Agency/Councilmember Spees made a motion, seconded by Agency/Councilmember Reid to approve the introduction of the ordinance amending the Oakland Planning Code to require a conditional use permit for activities devoted primarily to the sales or exchange of tobacco related products and creating a one-thousand foot (1000) distance standard between such activities and sensitive uses; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

14.A report and action to be taken from the meeting of the Life Enrichment Committee held on Tuesday, January 11, 2000
 
 

14-1A report and recommendation from the Director, Life Enrichment Agency, on regulations pertaining to the use of bicycles in Joaquin Miller Park and other City Parks
 
 

The following individuals spoke on Item 14-1:

- Charles Pickens- Michael Kowalewski

- Eric Muhler- Anne Denton Hayes

- Stephen Luzmoor- Martha Lowe 

- Merwin Merwin- Tim Gordon

- Alec Karp- Audre Newman Marie Karp

Agency/Councilmember Spees made a motion, seconded by Agency/Councilmember Reid to approve the report and recommendation on regulations pertaining to the use of bicycles in Joaquin Miller Park and other City Parks with the following amendments:
 
 

1. To hire an outside professional who will perform an evaluation of damage to Joaquin Miller Park Redwoods;
2. To create a balanced ad hoc Task Force, which will consist of bicycle advocates, hikers and runners, equestrians, neighborhood groups and environmentalists, and issue a report within 120 to 150 days; and
3. Directed that the City Attorney prepare an ordinance to impose a moratorium during the remaining rainy season (until April 15, 2000) on all uses of all unnamed/illegal trails, including, but not limited to, the illegal trails through the redwood trees between the Sequoia Bayview Trail and the Big Trees/Trail, and on bicycles uses of single track, legal trails in Joaquin Miller Park, and begin repairing the eroded trails;

15.A report and action to be taken from the meeting of the Rules & Legislation Committee held on Thursday, January 13, 2000
 
 

AGENCY/COUNCILMEMBER SPEES MADE A MOTION, SECONDED BY AGENCY/COUNCILMEMBER REID TO EXTEND THE MEETING PAST 10:30 P.M. AND BY CONSENSUS WAS APPROVED
 
 

Reports from Staff
 
 

Resolutions (This Section Includes Consent, ORA and Regular Legislation)
 
 

RESOLUTION NO. 75484 C.M.S.

16-CCA resolution acknowledging the accomplishments and dedicated service of Dorothy L. Johnson to the City of Oakland
 
 

RESOLUTION NO. 75485 C.M.S.

17-CCA resolution authorizing the City Manager to accept and appropriate grant in the amount of $225,000 from the U.S. Department of Justice, Office of Justice Programs to continue operating Oakland’s Weed and Seed Plan for a fourth year and waiving the Central Services Overhead Fees estimated at $22,500
 
 

AGENCY/COUNCILMEMBER RUSSO WAS NOTED ABSENT AT 10:26 P.M.
 
 

RESOLUTION NO. 75486 C.M.S.

18-CCA resolution authorizing the Community and Economic Development Agency to enter into a Memorandum of Understanding accepting from the International Council for Local Environmental Initiatives a gift of resource-efficient technical assistance services for Oakland businesses 
 
 

Agency/Councilmember Nadel made a motion, seconded by Agency/Councilmember Reid to adopt the resolution authorizing the Community and Economic Development Agency to enter into a Memorandum of Understanding accepting from the International Council for Local Environmental Initiatives a gift of resource-efficient technical assistance services for Oakland businesses; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Spees and President of the Council De La Fuente – 7; Absent: Agency/Councilmember Russo - 1. 
 
 

RESOLUTION NO. 75487 C.M.S.

19.A resolution amending Resolution No. 75401 C.M.S. to exclude from the list of documents to be destructed all tapes of full meetings of the Oakland City Council and Redevelopment Agency in accordance with Section 2.20.160 C of the Oakland Municipal Code
 
 
 
 

The following individual spoke on Item 19:

- Sanjiv Handa- Jerry Rose
 
 

Agency/Councilmember Reid made a motion, seconded by Agency/Councilmember Spees to adopt the resolution amending Resolution No. 75401 C.M.S. to exclude from the list of documents to be destructed all tapes of full meetings of the Oakland City Council and Redevelopment Agency in accordance with Section 2.20.160 C of the Oakland Municipal Code; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Spees and President of the Council De La Fuente – 7; Absent: Agency/Councilmember Russo - 1.
 
 

AGENCY/COUNCILMEMBER RUSSO WAS NOTED PRESENT AT 10:30 P.M.
 
 

RESOLUTION NO. 75488 C.M.S.

20.A resolution authorizing the City Manager to enter into a Memorandum of Understanding for San Pablo Avenue Corridor Management
 
 

Agency/Councilmember Brunner made a motion, seconded by Agency/Councilmember Nadel to adopt the resolution authorizing the City Manager to enter into a Memorandum of Understanding for San Pablo Avenue Corridor Management, and directed staff to report back to the Public Works Committee to address the traffic signal synchronization issue; how the City of Oakland has benefited from the M.O.U.; and, how much money the City has received from CalTrans as it relates to other jurisdictions; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8. 
 
 

RESOLUTION NO. 75489 C.M.S.

21.A resolution approving the installation of stop signs and establishment of a two-hour time limit parking area
 
 

The following individual spoke on Item 21:

- Jerry Rose
 
 

Agency/Councilmember Spees made a motion, seconded by Vice Mayor Chang to adopt the resolution approving the installation of stop signs and establishment of a two-hour time limit parking area; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

Introduction of Ordinance
 
 

22.An ordinance amending the Oakland Municipal Code to prohibit through trucks exceed four and one-half tons on certain streets (Final Passage on: February 8, 2000)

The following individual spoke on Item 22:

- Jerry Rose
 
 

Agency/Councilmember Spees made a motion, seconded by Vice Mayor Chang to approve the introduction of the ordinance amending the Oakland Municipal Code to prohibit through trucks exceed four and one-half tons on certain streets; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

23.An ordinance amending the City of Oakland Campaign Reform Act, Municipal Code Chapter 3.12, to remove restrictions on contributions to committees that support or oppose candidates (Final Passage on: February 8, 2000)
 
 

Vice Mayor Chang made a motion, seconded by Agency/Councilmember Russo to approve the introduction of the ordinance amending the City of Oakland Campaign Reform Act, Municipal Code Chapter 3.12, to remove restrictions on contributions to committees that support or oppose candidates; and, hearing no objection, all members present were recorded as voting: Ayes: Agency/Councilmembers Brunner, Chang, Miley, Nadel, Reid, Russo, Spees and President of the Council De La Fuente - 8.
 
 

Final Passage of Ordinance

ORDINANCE NO. 12203 C.M.S.

24.TITLE CHANGE - An Ordinance amending Ordinance No. 12193 C.M.S. to adjust the salaries of employees in job classifications represented by United Public Employees, Local 790, Professional and Technical Engineers, Local 21 and the International Brotherhood of Electrical Workers, Local 1245; to adjust the pay grades assigned to unrepresented full-time and permanent part-time employee job classifications; to add and amend certain miscellaneous job classifications; and to establish new classification and representation unit codes for all City classifications (Introduced on: January 11, 2000) (Vote Count: 6 Ayes. 1 Excused. 1 Absent)
 
 

ADJOURNMENT- ( Meeting Shall Conclude no Later Than 10:30 p.m., unless 

Extended by Majority Vote of the Council)
 
 

There being no further business, the Agency/Council adjourned the meeting in memory of Ajmer Singh Malhi at 10:43 p.m.
 
 

ANNOUNCEMENTS BY MEMBERS OF THE COUNCIL AND STAFF- (TELEVISED UPON ADJOURNMENT OF THE AGENCY/COUNCIL MEETING)
 
 
 
 

Ceda Floyd

Agency Secretary/City Clerk and 

of the City Council