City of Oakland Legistar System

Subject: Claudine Nuriddin - Settlement

From: Office Of The City Attorney

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

Compromise And Settle The Case Of Claudine Nuriddin v. City Of Oakland, Et Al., Superior

Court, County Of Alameda, Case No. RG04191852, In The Amount Of $8,000.00 As A Result

Of An Trip And Fall Accident In The Vicinity Of MacArthur Boulevard And Patterson

Avenue, Oakland, On May 18, 2004 (Public Works Agency - Trip And Fall) (05-0747)

Subject: Steve Splendorio And Bruce Nielsen - Settlement

From: Office Of The City Attorney

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

Compromise And Settle The Case Of Steve Splendorio And Bruce Nielsen, And Other

Employees Similarly Situated (Plaintiffs) v. City Of Oakland, Et Al. (Defendants), United

States District Court, Northern District Of California, Case No. C044349-CW, As Follows: (1)

City Shall Pay A Total Amount Of $418,506.19, As Compensation To Qualifying Members Of

Local 55 For Incorrect FLSA Overtime Calculations, Of Which Sum Only $150,932.42

Remains To Be Paid; And, (2) City Shall Pay $8,000.00 In Attorneys' Fee (05-0773)

A motion was made by Councilmember Reid, seconded by Councilmember

Quan, that this matter be Approve as Amended The Council direded staff

to consider exempting from design review, those commercial facade grant

improvement projects that have successfully completed the required design

process, consider adding provisions that would limit ground floor

community assembly uses and consider incentatives pertaining to and

incorporating ground floor retail activity incentives. The motion carried by

the following vote:

Subject: Paul Coverdell National Forensic Science Improvement Act Program - Grant

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The

City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Twelve

Thousand Seven Hundred Eighty Dollars ($12,780) From The Governor's Office Of Emergency

Services For The Paul Coverdell National Forensic Science Improvement Act Program To The

Police Department For Participation In The Program (05-0710)

Subject: California Commission On Peace Officers Standards And Training - Agreement

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The

City Of Oakland, To Execute An Agreement With The California Commission On Peace

Officer Standards And Training (POST) For The Purpose Of Permitting The Police Department

To Present The POST Certified Emergency Vehicle Operations Course (EVOC) To A

Maximum Of One Hundred Twenty (120) Police Officer Trainees And Receive Up To

Fifty-Three Thousand Four Hundred Dollars ($53,400) In Reimbursement Funds (05-0709)

Subject: Forest City Residential West - Amendments

From: Community And Economic Development Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following

Pieces Of Legislation:

1) An Agency Resolution (1) Approving Amendments To The Lease Disposition And

Development Agreement, Ground Lease, And Related Documents Between The

Redevelopment Agency, The City, And FC Oakland, Inc. Or Related Entities, For The

Development Of A Mixed-Use Residential Rental And Retail Development Project In The

Uptown Activity Area Of The Central District Redevelopment Project Area To (A) Modify

Public Park Maintenance Obligations, (B) Change The Date For Receipt Of Net Available Tax

Increment, And (C) Change The Noise Reduction Plan For The Oakland School For The Arts,

And Related Amendments; (2) Approving The Revised Site Plan For The Project; And (3)

Changing The Use Of Agency Funds For The Implementation Of The Project; And (05-0729)

2) A Resolution (1) Approving Amendments To A Lease Disposition And Development

Agreement, Ground Lease, And Related Documents Between The Redevelopment Agency, The

City, And FC Oakland, Inc. Or Related Entities, For The Development Of A Mixed-Use

Residential Rental And Retail Development Project In The Uptown Activity Area Of The

Central District Redevelopment Project Area To (A) Modify Public Park Maintenance

Obligations, (B) Change The Date For Receipt Of Net Available Increment, (C) Change The

Noise Reduction Plan For The Oakland School For The Arts, (D) Modify The Replayment

Schedule; And (E) Add Various Amendments; (2) Approving The Revised Site Plan For The

Project; And (3) Changing The Use Of City Funds For The Implementation Of The Project

(TITLE CHANGE) (05-0729-1)

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

opened at 8:30 P.M. Agency/Councilmember Brunner made a motion, seconded

by Agency/Councilmember Reid, to recess and continue the Public Hearing to

the October 18, 2005 Oakland Redevelopment Agency/City Council meeting,

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, Abstain: Brooks, -1

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

- Eddie Dillard

- Susan Smart

Subject: Hurricane Rent Reduction

From: Office Of The City Attorney

Recommendation: Adopt An Emergency Ordinance Amending The Rent Adjustment

Ordinance (Oakland Municipal Code Chapter 8.22) To Allow Rental Property Owners To (1)

Charge Temporary Below Market Rate Rent To Persons Displaced By Disasters And (2)

Increase The Rent To Market Rates At The End Of The Temporary Period, And Invoking This

Provision For Hurricane Katrina And Hurricane Rita (05-0774)

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

Kernighan, that this matter be Approved as Amended for Final Passage.

The motion carried by the following vote:

ORA\Councilmember Noes: 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

Agency/Councilmember Brunner made a motion, seconded by

Agency/Councilmember Kernighan to make the following amendments to the

Emergency Ordinance: 1) under Section A - to include the following, "The

purpose of this section 8.22.200 is to permit Owners to offer temporary below

market Rent to Certified, displaced persons from areas hit by the Katrina

disaster ("Displacees") and to enable the Owners to increase the Rent to market

rate at the end of the temporary period.", 2) under Section B - will now read

"Invocation of Section And Period Of Invocation. The provisions of this Section

will remain in effect for six months after the date of action invoking this Section

unless rescinded earlier by the City Council...", 3) under Section C - "Rent

Increases to (and include the word "Certified") Displacees. Also include the

following language "In order for a rental agreement to be eligible under this

Section 8.22.200, the below market Rent must be no greater than fifty (50%) of

the HUD Fair Market Rents in effect in Oakland at the time this Section is

invoked based on the number of bedrooms in the Rental Unit. The City

Administrator will make available to the public the maximum rents for

eligibility under this Section."; 4) under Section E "Determination of Eligibility

as Displacees. The City Administrator will develop a list of public or private

agencies include the language, "including but not limited to FEMA (Federal

Emergency Management Agency)", that, include the word "will" identify and

replace the word verify with the word "certify" that persons..."; 5) under

Section G. "Procedures, Standards and Regulations.", remove the last sentence,

"These standards or regulations may include the maximum Rent guidelines for

Rental Unites to be eligible under this Section."; 6) add "Section H.

Retroactivity. This Section 8.22.200 may be applied to rental agreements that

Displacees and Owners executed before this Ordinance became effective if it

meets all the requirements of said Ordinance. The City Administrator is

authorized to develop the procedures and requirements that rental agreements

must comply with to be eligible for the protections provided by this Section.", 7)

add, "Whereas, staff shall expedite Katrina petitions"; and 8) under Section 3,

remove "and Hurricane Rita."

PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY

ORDINANCE) THIS ITEM WAS INTRODUCED AND ADOPTED AT THE

SAME MEETING, BY A VOTE OF 7 AYES, 1 NO - DE LA FUENTE

Agency/Councilmember Quan made a motion seconded by President Of The

Council De La Fuente to approve staff recommendations, directed staff to look

for other funding sources and include the following language "The City

Administrator will develop a list of public or private agencies, "including but

not limited to FEMA (Federal Emergency Management Agency)", that, will

identify and certify that persons are Displacees and can provide documentation

or certification as to whether a person is a Displacee.", and hearing no

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

Chang, Kernighan, Quan, Reid and President of the Council De La Fuente - 6

and Abstain: Agency/Councilmember: Brunner and Nadel - 2

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

- Linda Kiehle (time ceded from Willis Hannawalt)

Subject: Animal Definition Amendments

From: Councilmember Reid

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)

Subject: Multifamily Housing Revenue Bonds

From: Finance And Management Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Authorizing The Issuance And Prescribing The Terms, Conditions

And Form Of Not To Exceed $170,000,000 Principal Amount Of The Redevelopment Agency

Of The City Of Oakland Multifamily Housing Revenue Bonds (Uptown Apartments Project),

Series 2005A, Approving The Form Of And Authorizing The Execution And Delivery Of A

Trust Indenture, A Loan Agreement, A Regulatory Agreement, And A Bond Placement

Agreement; Authorizing Payment Of Costs Of Issuance; And Authorizing And Approving

Necessary Actions In Connection Therewith; And (05-0703)

Subject: Chevron U.S.A. - Agreement

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To

Enter Into An Agreement With Chevron U.S.A., Inc., Regarding Environmental Cleanup

Obligations, Mutual Releases, And Cost Reimbursements For The Petroleum Contamination At

The Former Service Station Site On The Sears Parking Lot Property At 1911 Telegraph Avenue

In Downtown Oakland; And Authorizing The Agency Administrator To Pass Through Any

Cost Reimbursements From Chevron To Forest City Residential West, Inc., Or Another

Agency-Designated Development Entity (05-0714)

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)