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Roll Call / ORA & Council

COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Nancy Nadel, Dist. 3; Jean

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

and President Ignacio De La Fuente, Dist. 5

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.

Subject: Golden Lung Public Health Award

From: Alameda County Public Health Department

Recommendation: A Presentation of the Golden Lung Public Health Award to

the Mayor and Chief of Police by the Alameda County Public Health

Department

Subject: 2004 Earth Day Activities

From: Councilmember Nadel

Recommendation: Adopt a Resolution celebrating Saturday, April 24, 2004 as

Earth Day in the City of Oakland

Subject: City of Oakland 10th Annual Earth Expo

From: Councilmember Nadel

Recommendation: Adopt a Resolution commending the City of Oakland's 10th

Annual Earth Expo

Subject: 2004 Arbor Day

From: Office of Parks and Recreation

Recommendation: Adopt a Resolution proclaiming Friday, April 30, 2004 to be

Oakland's Arbor Day 2004 and authorizing an official tree planting ceremony

at Brookdale Park

Subject: Mills College Alternative Spring Break and Mills Cares Program

From: Councilmember Brooks

Recommendation: Adopt a Resolution commending Mills College's Mills Cares

and alternative spring break programs for their achievements and

contributions to the City of Oakland

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

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

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the case of Bernard Hill v. Oakland Police

Department, et al., Alameda County Superior Court No. 2002958796, our file

number 22164, in the amount of $7,500.00 (Oakland Police Department -

Excessive Force)

Subject: Bessie Johnson - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the case of Bessie Johnson v. City of

Oakland, et al., Alameda Superior Court Case No. RG03102782, our file no.

23248, in the amount of $65,000.00. This case involved an alleged dangerous

condition of public property (Public Works Agency)

Subject: Same-Sex Marriage Licenses

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing filing of letter supporting the

position of City and County of San Francisco in Lockyer v. City and County of

San Francisco et al., California Supreme Court No. S122923, litigation

challenging San Francisco's authority to issue same-sex marriage licenses

Subject: Same Sex Marriages

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing filing of Amicus Briefs and

letters supporting the position of City and County of San Francisco in City and

County of San Francisco v. State of California San Francisco Superior Court

No. CGC-04-429539, litigation in which San Francisco has asked the Superior

Court, among other things, to declare State marriage statutes that require San

Francisco to deny marriage licenses to same-sex couples void, unenforceable

and unconstitutional

Subject: March 2004 Municipal Nominating Election

From: Office of the City Clerk

Recommendation: Adopt a Resolution declaring the results of the Municipal

Nominating Election held on Tuesday, March 2, 2004

Subject: Arctic National Wildlife Refuge

From: Councilmember Reid

Recommendation: Adopt a Resolution honoring the Arctic National Wildlife

Refuge by refraining from knowingly purchasing goods or services from

companies that obtain leases or develop oil fields in the coastal plain of the

Arctic National Wildlife Refuge, should the United States Congress ever

permit drilling there

From: Community and Economic Development Agency

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

Ordinance authorizing the negotiation and execution of an agreement with

Oakland Community Housing, Inc., and Community Development Corporation

of Oakland to provide for the transfer at no cost of the City-owned lot at 3823

Martin Luther King Jr. Way for its inclusion in the MLK/BART Senior Homes

Project

Subject: Sale of Multiple City-owned Properties

From: Community and Economic Development Agency

Recommendation: Adopt the following legislation regarding the sale and

development of City-owned properties:

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

the sale of two lots on Dover Street at 57th Street to the Rotary Club of

Oakland, Inc., at no cost for development with affordable housing by the

Peralta Community College District; and

2) Approve the Final Pasage (Second Reading) of an Ordinance rescinding

Ordinance Number 12220 C.M.S. and authorizing a Disposition and

Development Agreement with Richard N. Pukatch for the sale at fair market

value and development of three City-owned properties at 1430 8th Street, 816

Center Street, and 1728 14th Street with market-rate housing

Subject: Leona Quarry - Public Hearing

From: Community and Economic Development Agency

Recommendation: Conduct a Public Hearing pursuant to Oakland Planning

Code Section 17.102.220 to consider the Planning Commission's

recommendation that the City Council adopt a Resolution appproving the

application of the DeSilva Group LLC for a Reclamation Plan amendment and

revised financial assurances for the Leona Quarry (Councilmember Brooks,

District 6)

Subject: Lease and Revenue Bonds - Interest Rate Swaps - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct a Public Hearing and upon conclusion adopt the

following legislation regarding the issuance and sale of Lease Revenue Bonds

1) Approve the Final Passage (Second Reading) of Ordinance authorizing the

City to enter into a lease and sublease with the Oakland Joint Powers

Financing Authority in connection with the issuance by the Oakland Joint

Powers Financing Authority of certain Lease Revenue Bonds, and authorizing

the taking of all necessary actions relating to such financing; and the

publication of the Notice and Digest and certain other related matters; and

2) Adopt a Joint Powers Financing Authority Resolution authorizing the

issuance and sale of the Lease Revenue Bonds (Oakland Administration

Building) Series 2004, in two series, in an aggregate principal amount not to

exceed one hundred thirty-five million dollars ($135,000,000); authorizing the

execution and delivery of a trust agreement, lease, sublease, escrow

agreement, bond purchase agreements, approving the form of and authorizing

the distribution of a preliminary official statement and authorizing execution

and delivery of an official statement; approving the retention of bond counsel

and other agents; authorizing payment of costs of issuance; and

3) Adopt a Resolution approving the issuance by the Oakland Joint Powers

Financing Authority of Lease Revenue Bonds, in one or more series, of not to

exceed one hundred thirty-five million dollars ($135,000,000) aggregate

principal amount; approving the form of and authorizing the execution and

delivery of bond purchase agreements; authorizing the City Manager to secure

one or more swaps for a synthetic fixed rate transaction; and authorizing

execution of documents and the taking of all necessary actions relating to the

bonds and the swap and authorizing necessary actions relating to the lease

financing with the Oakland Joint Powers Financing Authority

14.2.pdf 4-20-04,

Item 14.2 4-6-04.pdf,

Item 5 3-23-04.pdf

Items 14.2-2CC and 14.2-3CC were rescheduled from the April 6, 2004 City Council

agenda.

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 Manager

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

04-0156.pdf,

14.3.pdf 4-20-04

2) Adopt a Resolution overruling protests and accepting and confirming

reports of the City Manager 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

3) Adopt a Resolution continuing hearing on reports of the City Manager 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

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) Adopt a Resolution accepting and confirming reports of the City Manager

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

04-0161.pdf,

Item 14.4.pdf 4-20-04

2) Adopt a Resolution overruling protests and accepting and confirming

reports of the City Manager 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

3) Adopt a Resolution continuing hearing on reports of the City Manager 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

Subject: Oakland School for the Arts

From: Office of the City Administrator

Recommendation: Adopt an Agency Resolution authorizing the Agency

Administrator to enter into a lease agreement with the Oakland School for the

Arts under which the school will pay $1,000 per month to occupy the parking

lots behind and to the west of the Fox Theater and bounded by 18th and 19th

Streets and San Pablo Avenue for a period from April 12, 2004 to July 1, 2006

for the purpose of constructing and operating the facilities necessary to house

the Oakland School for the Arts

Item 15 was continued from the April 6, 2004 City Council meeting at which a motion

was adopted to direct staff to meet with the ice rink patrons in an effort to reach

consensus on the revised parking proposal and to return to the April 20, 2004 City

Council meeting, Vote Count: 4 Ayes; 3 Noes - Chang, Wan, De La Fuente, 1 Abstain -

Brunner

Subject: Public Employees' Retirement System Contract Amendment

From: Office of the City Manager

Recommendation: Adopt the following legislation regarding the California

Public Employees' System contract:

1) Resolution of Intention to approve an amendment to Contract between the

Board of Administration California Public Employee's Retirement System and

the City Council of the City of Oakland to provide 2.7% @ 55 for

Miscellaneous Employees, and 3% @ 50 for Sworn Fire, retirement benefits;

and

2) Approve the Introduction (First Reading) of an Ordinance of the Council of

the City of Oakland authorizing an amendment to the contract between the

City of Oakland and the Board of Administration of the California Public

Employees' Retirement Systems (PERS) that authorizes (1) 2.7% at age 55

retirement benefits for all City Officers and civilian (Non-Sworn) employees

who are members of PERS; and (2) 3.0% at age 50 retirement benefits for

Time Sensitive: This item was forwarded directly to the Council agenda due to its time-

sensitive nature as determined by the March 25, 2004 Rules and Legislation

Committee.

Final Passage (Second Reading) has been scheduled for May 18, 2004.

Subject: Gustavo Fuentes - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the case of Gustavo Fuentes v. Officer A.

Ramos, et al., United States District Court Case No. C-004647 CW, our file no

. 20481, in the amount of $450,000.000. This case involves a claim of use of

excessive force and false arrest, (Oakland Police Department-Alleged Civil

Rights Violation)

Subject: Javad T.M. Jackson - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the case of Javad T. M. Jackson v. City of

Oakland, et al., United States District Court Case No. C 02 4496 WHA (JCS),

our file number 22389, in the amount of $250,000.00. (Oakland Police

Department)

Subject: Jose Ortiz - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the case of Jose Ortiz v. City of Oakland, et

al., Alameda County Superior Court Case No. 2002-045451, our file number

21470, in the amount of $15,000.00. (Oakland Police Department)

Subject: Emily Ray Trust -7318 International Blvd.- Settlement Agreement

From: Office of the City Attorney/Community and Economic Development

Agency

Recommendation: Adopt the following legislation regarding the acquisition of

property at 7318 International Boulevard:

1) A Resolution authorizing and directing the City Attorney to compromise and

settle the amount the City must pay for acquisition of the property owned by

the Emily Ray Trust at 7318 International Boulevard, City Attorney File No. A

030087, in the amount of $391,105.00, not including closing costs, in

connection with the International Boulevard Streetscape Project; and

2) Approve the Introduction (First Reading) of an Ordinance authorizing the

City Manager to enter into a purchase and sale agreement with Emily Ray

Trustee for the Emily Ray Trust of 1992 for the City's acquisition of real

property located at 7318 International Boulevard, Oakland, California, in the

amount of $391,105, excluding closing costs

Subject: Professional Sports Teams Relocation

From: President De La Fuente

Recommendation: Adopt a Resolution declaring the City of Oakland's support

for Assembly Bill 3003 requiring that when a professional sports team

attempts to move within the state, specified mitigation requirements shall

apply to compensate the local governmental agency for the area from which

the team is leaving

Subject: Children and Youth Planning and Oversight Committee

Appointment

From: Councilmember Brooks

Recommendation: Adopt a Resolution appointing Renato Almanzor as the

District 6 Representative to the Oakland Fund for Children and Youth Planning

and Oversight Committee

Subject: Appointments to the Public Ethics Commission

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Andrew R. Weiner and

Caryn Bortnick as members of the Public Ethics Commission

Subject: Appointments to the City Planning Commission

From: Office of the Mayor

Recommendation: Adopt a Resolution reappointing Colland Jang, Clinton

Killian, and Mark McClure as members of the City Planning Commission

Subject: Appointments to the Parks and Recreation Advisory Board

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Jeffrey Taylor, Ben Tate,

Brad Ricards, Barbara Schock, and Rosa Linda Armendariz as members of

the Parks and Recreation Advisory Board

Subject: Appointments to the Board of Port Commissioners

From: Office of the Mayor

Recommendation: Adopt a Resolution reappointing John Protoppas and Frank

Kiang as members of the Board of Port Commissioners

Subject: Appointments to the Citizen's Police Review Board

From: Office of the Mayor

Recommendations: Adopt a Resolution reappointing Mario Andrews and John

Batarse, and appointing Cheryl Anderson, as members of the Citizen's Police

Review Board

Subject: Appointments to the Civil Service Board

From: Office of the Mayor

Recommendation: Adopt a Resolution re-appointing Alan Silver and Harold

Mayberry, and appointing Nooshin Saadat, Cheryl Stevens and Renee Rungis

as members of the Civil Service Board

Subject: Appointment to the Housing, Residential Rent and Relocation

Board

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Deborah Taylor, as Neutral

Representative, as a member of the Housing, Residential Rent and Relocation

Board

Subject: Appointment to the Cultural Affairs Commission

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Elizabeth Hardy as a

member of the Cultural Affairs Commission

Subject: Appointment to the Oakland Housing Authority

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Ramon Terraza as a

member of the Oakland Housing Authority

Subject: Appointment to the Landmarks Preservation Advisory Board

From: Office of the Mayor

Recommendation: Adopt a Resolution reappointing Barbara Armstrong and

Yui Hay Lee, and appointing Pamela Kershaw, Kelly Kahn, and Neal Parish as

members of the Landmarks Preservation Advisory Board

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