City of Oakland Legistar System

DEFINITION OF TERMS:

CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full

Council with unanimous recommendation for approval and is not controversial, and does not have

a high level of public interest as determined by the Rules Committee.

NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full

Council without unanimous recommendation for approval, or having a high level of public

interest, or is controversial as determined by the Rules Committee.

ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring

official vote and approval of the City Council to be effective.

INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that

does not require or permit Council action.

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: Raymond Abels - Recognition

From: Councilmember Reid

Recommendation: Adopt A Resolution Honoring Raymond Abels For His Financial

Contributions And Commitment To The City Of Oakland

Subject: Sergeant Darby Falkenstine - Recognition

From: Vice Mayor Quan

Recommendation: Adopt A Resolution Honoring Sergeant Darby B. Falkenstine For

Many Years Of Devoted Service To The City Of Oakland

Subject: Cantonese Speaking Citizens' Academy Graduation

From: Office Of The City Administrator

Recommendation: Receive A 15-Minute Presentation From The City Administrator For

The City Of Oakland Cantonese Speaking Citizens' Academy Graduation Class Of Fall

2005

Subject: Volunteer Blood Donor Month

From: Councilmember Nadel

Recommendation: Adopt A Resolution Declaring January As "Volunteer Blood Donor

Month" In The City Of Oakland

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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 relates to a purely ceremonial or commendatory action.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

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

Subject: USAA Insurance - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Claim Of USAA Insurance As Subrogee For Leonard O.

Smith, In The Amount Of $8,789.66, As A Result Of Property Damage Sustained Due

To A Tree Limb Failure That Caused Damage To USAA Insured's Vehicle On June 09,

2005 (Public Works Agency)

Subject: Pacific Gas And Electric - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing City Attorney To

Compromise And Settle The Case Of Pacific Gas And Electric Company v. City Of

Oakland In The Amount Of $3,250,000 As A Result Of Legal Challenges Alleging

Improper Taxation And Invalid Indeterminate Electric Franchise

Subject: No Parking Zone For San Antonio Way

From: Public Works Agency

Recommendation: Adopt A Resolution Approving The Establishment Of A No-Parking

Any Time Zone On San Antonio Way (South Side) Between 17th Avenue And 18th

Avenue

Subject: Urban Libraries Council 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 $25,000 From The Urban Libraries Council "Librarians For America's

Neighborhoods" Program For The Period August 1, 2005 - September 1, 2008

Subject: Urban Promise Academy After School Program

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To

Negotiate And Execute A Grant Agreement Between The City Of Oakland And The

Oakland Leaf Foundation For The 2005-2006 Urban Promise Academy After School

Program In An Amount Not To Exceed $72,500 To Provide Direct Services For The

Oakland Fund For Children And Youth For Fiscal Year 2005-2006

Subject: Oakland Food Policy And Plan

From: Office of the Mayor

Recommendation: Adopt A Resolution Authorizing The Mayor's Office Of

Sustainability To Develop An Oakland Food Policy And Plan For Thirty Percent Local

Area Food Production, By Undertaking An Initial Food Systems Assessment Study,

Conducted By A Research Team From The Department Of City And Regional Planning,

University Of California At Berkeley, At No Cost To The City

Subject: Cork Marcheschi - Agreement

From: Cultural Arts and Marketing Division

Recommendation: Adopt A Resolution Authorizing The City Administrator To

Negotiate And Execute A Professional Services Agreement With Cork Marcheschi To

Create A Public Art Project At Studio One Art Center In An Amount Not To Exceed

One Hundred Thousand Dollars ($100,000)

The January 10, 2006 Life Enrichment Committee approved

recommendations; 4 Ayes

View Report.pdf,

View Supplemental Item.pdf,

View Supplemental Report.pdf,

79712 CMS.pdf

Subject: 9-1-1 System Customer Premise Equipment Upgrade

From: Oakland Fire Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept

And Appropriate Funding From The State Of California In The Amount Totaling Two

Hundred Eighty-Eight Thousand Dollars ($288,000.00) For Necessary Equipment And

Services To Upgrade The City Of Oakland's 9-1-1 System Customer Premise Equipment

(CPE) And Related Equipment, With All Costs To Be Paid From The State Of California

9-1-1 Program, And, In Accord With Oakland Municipal Code Title 2, Chapter 2.04,

Article 2.04.080, To Procure SBC Equipment And Services Through A Current State Of

California SBC Master Lease In An Amount Not-To-Exceed Two Hundred Forty-Seven

Thousand Dollars ($247,000.00) Without Further Local Bidding

The January 10, 2006 Public Safety Committee approved

recommendations; 4 Ayes

View Report .pdf,

View Report.pdf,

79681 CMS.pdf

Subject: 9-1-1 System Customer Premise Equipment Upgrade

From: Office Of The City Auditor

Recommendation: Receive A Report On A Resolution Authorizing The City

Administrator To Accept And Appropriate Funding From The State Of California In The

Amount Totaling Two Hundred Eighty-Eight Thousand Dollars ($288,000.00) For

Necessary Equipment And Services To Upgrade The City Of Oakland's 9-1-1 System

Customer Premise Equipment (CPE) And Related Equipment, With All Costs To Be

Paid From The State Of California 9-1-1 Program, And, In Accord With Oakland

Municipal Code Title 2, Chapter 2.04, Article 2.04.080, To Procure SBC Equipment And

Services Through A Current State Of California SBC Master Lease In An Amount Not-

To-Exceed Two Hundred Forty-Seven Thousand Dollars ($247,000.00) Without Further

Local Bidding

The January 10, 2006 Public Safety Committee approved

recommendations; 4 Ayes

An oral report from the Agency Counsel / City Attorney of final decisions made during

Closed Session

A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the

Sunshine Ordinance

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 Final Passage (Second 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

2) Approve The Final Passage (Second 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

Subject: Local Emergency Due To Winter Storms

From: Oakland Fire Department

Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency

Due To Winter Storms First Proclaimed By The City Of Oakland On January 5, 2006

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: Association Of Bay Area Governments Multi-Jurisdictional Report

From: Oakland Fire Department

Recommendation: Adopt A Resolution Making An Urgency Finding And Approving

The Association Of Bay Area Governments (ABAG) Multi-Jurisdictional Report "

Taming Natural Disasters" As The City Of Oakland's Local Hazard Mitigation Plan

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: Natural Heritage Institute - Conflict of Interest Waiver

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Approving A Conflict Waiver For The Natural

Heritage Institute To Permit It To Continue To Represent The Millsmount Homeowners

Association In Matters Related To Chimes Creek And The Desilva Gates Leona Quarry

Project

Subject: Franchise Grantee Worker Protections

From: Office of the City Attorney

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

Chapter 5.81 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" (TITLE CHANGE)

Subject: Oakland Athletics Bambino Field

From: Office Of Parks And Recreation

Recommendation: Adopt A Resolution Authorizing The City Administrator To Rename

Bambino Field Located At The Greenman Field Complex To The Oakland Athletics

Bambino Field For A Period Of Ten Years

Subject: Franchise Labor Requirements

From: Office Of The City Attorney

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

Amending Title 5 Of The Oakland Municipal Code To Add Chapter 5.82, Proprietary

Interest Franchise Labor Requirements - Card Check, Procedure For Determining

Employee Preference On Representation By Labor Organization, Which Will Require

Franchises In Which The City Has A Proprietary Interest To Enter Into A Card Check

Agreement, A Procedure For Determining Employee Preference On The Subject Of

Whether Or Not To Be Represented, With A Labor Organization That Requests Such An

Agreement

Subject: Courtney Ruby - Appointment

From: Vice Mayor Quan

Recommendation: Adopt A Resolution Appointing Courtney Ruby As A Member Of

The Budget Advisory Committee

Subject: Housing, Residential Rent And Relocation Board - Appointment

From: Office Of The Mayor

Recommendation: Adopt A Resolution Appointing Alan Flatt As A Member Of The

Housing, Residential Rent And Relocation Board

Subject: Andes Construction, Inc. - Contract

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Andes

Construction, Inc. For The Rehabilitation Of Sanitary Sewers In Underhills Road From

Grosvenor Place To Sunny Hills Road (Project No. C260110) For The Amount Of Two

Hundred Seventy-Five Thousand One Hundred Seventy-Three Dollars ($275,173.00)

The January 10, 2006 Public Works Committee approved

recommendations as amended and directed staff to prepare a

Supplemental Report incluing the following: 1) how and why this project

was selected, 2) a list of the ranking of repaving and sanitary repairs and 3)

how much money is allocated for street repairs for 2006 and what are the

City's funding sources for street repaving; 2 Ayes, 2 Abstentsion, Brooks,

Nadel

Subject: Hazard Elimination And Safety (HES) Program

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept

And Appropriate State Hazard Elimination And Safety (HES) Program Funds In The

Amount Of Three Hundred Sixty Thousand Dollars ($360,000.00) For Tunnel Road

Bicycle Safety Improvement Project

Subject: Various Real Properties Sales

From: Community And Economic Development Agency

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

Authorizing The City Administrator To Accept The Offer To Purchase Agreement To

Sell To Brian Collins And Mehrdad Dokhanchi (Highest Bidder) Approximately 11,500

Square Feet Of City Owned Surplus Real Property Located At Mandela Parkway (APN#

005-0421-000) For The Fair Market Value Of $415,000; Julia B. Kim (Highest Bidder)

Approximately 6,800 Square Feet Of City Owned Property Surplus Real Property

Located At 632 14th Street (APN#003-0071-024) For The Fair Market Value Of $1,150,

000; Kevin Bao Phan (Highest Bidder) Approximately 11,390 Square Feet Of City

Owned Surplus Real Property Located At 862/850 98th Avenue (APN# 045-5230-001-

01 And 045-5230-003-03) For The Fair Market Value Of $630,000; And Julia B. Kim (

Highest Bidder) Approximately 5,932 Square Feet Of City Owned Surplus Real Property

Located At 569 High Street/Howard Street (APN #033-2250-001-04) For The Fair

Market Value $500,000

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Final Passage (Second Reading) has been scheduled for February 7, 2006

Subject: Redevelopment Plan Amendments

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) An Ordinance Amending The Acorn Urban

Renewal Plan To Eliminate The Time Limit On Establishing Debt That Is Paid From The

Low And Moderate Income Housing Fund Or Debt Used To Fulfill Affordable Housing

Obligations;

2) Approve The Introduction (First Reading) Of An Ordinance Amending The Oak

Center Urban Renewal Plan To Eliminate The Time Limit On Establishing Debt That Is

Paid From The Low And Moderate Income Housing Fund Or Debt Used To Fulfill

Affordable Housing Obligations; And

3) Approve The Introduction (First Reading) Of An Ordinance Amending The Stanford/

Adeline Redevelopment Plan To Eliminate The Time Limit On Establishing Debt That Is

Paid From The Low And Moderate Income Housing Fund Or Debt Used To Fulfill

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Final Passage (Second Reading) has been scheduled for February 7, 2006

Subject: West Oakland Commercial Improvement Program

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Adopting The West Oakland Commercial Façade

Improvement Program, Allocating $100,000 For The Program From West Oakland

Redevelopment Funds, And Authorizing The Agency Administrator To Make Grants

And Enter Into Design Contracts Under The Program Without Returning To The Agency

2) An Agency Resolution Approving A $100,000 Tenant Improvement Grant To The

Peoples Community Partnership Federal Credit Union, Allocating West Oakland

Redevelopment Funds For The Grant, And Authorizing The Agency Administrator To

Enter Into A Design Contract For The Project Without Returning To The Agency

3) An Agency Resolution Adopting The West Oakland Tenant Improvement Program,

Allocating $125,000 For The Program From West Oakland Redevelopment Funds, And

Authorizing The Agency Administrator To Make Grants And Enter Into Design

Contracts Under The Program Without Returning To The Agency

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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

Subject: Transportation For Livable Communities Program

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Authorizing The Filing Of Applications For

Federal Service Transportation Funds Through The Metropolitan Transportation

Commission's Transportation For Livable Communities Program For The MacArthur

Transit Village, West Oakland Transit Village, And Coliseum Transit Village Projects,

Assuring That The City Of Oakland Will Complete The Projects If Awarded The Grant

Funds, And Authorizing Acceptance And Appropriation Of Grant Funds From This

Program For These Three Projects In An Amount Not To Exceed $6.5 Million

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the January 12, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reason: 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.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: Library Computer Network Upgrade

From: Oakland Public Library

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Waiving Competitive Bidding And Authorizing The City Administrator

To Execute An Agreement With PC Professional, Inc. For Purchase Of Necessary

Computer Hardware And Software To Upgrade The Library's Computer Network In An

Amount Not-To-Exceed One Hundred Seventy Five Thousand Dollars ($175,000.00);

And

2) A Resolution Authorizing The City Administrator, Or Her Designee, To Execute An

Agreement With Innovative Interfaces, Inc. For The Purchase And Installation Of A New

Intergrated Library System (Computer Catalog) Including All Necessary Computer

Hardware And Software, In An Amount Not-To-Exceed Four Hundred Twenty-Five

Thousand Dollars ($425,000.00) In Accord With The Terms Negotiated Between The

Parties, And To Execute An Annual Software Maintenance Agreement With Innovative

Interfaces, Inc. For A Five Year Period In An Amount Not To Exceed Three Hundred

Thousand Dollars ($300,000.00) In Accord With Terms Negotiated Between The Parties

Subject: Cellular Phone Antennas

From: Councilmember Reid

Recommendation: Action On A Report and Recommendations On Design

Specifications And Site Locations For Cellular Antennas

The January 10, 2006 Public Safety Committee approved as amended

recommendations; staff is to visit the locations of concern that each site is

in compliance with the City's regulations; if not, enforce the policy and at

locations that can not be regulated look into implementing voluntary

standards; 4 Ayes

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

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.

*In the event a quorum of the City Council participates on this Committee, the meeting is

noticed as a Special Meeting of the City Council; however, no final City Council action

can be taken.