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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: Fifth Annual Oakland/San Leandro Job Fair

From: Councilmember Reid

Recommendation: A Presentation of Certificate of Appreciation to the

employers that participated in the Fifth Annual Oakland/San Leandro Job Fair

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: Benjamin Fay - Budget Advisory Committee

From: Office of the Mayor

Recommendation: Adopt a Resolution appointing Benjamin Fay as a member

and Chairperson of the Budget Advisory Committee

Subject: Thomas H. Doctor - Budget Advisory Committee

From: Vice Mayor Chang

Recommendation: Adopt a Resolution appointing Thomas H. Doctor as a

member of the Budget Advisory Committee

Subject: Robert A. Brown - Oakland-Alameda County Coliseum Authority

Board

From: President De La Fuente

Recommendation: Adopt a Resolution reappointing Robert A. Brown as a

member of the Oakland-Alameda County Coliseum Authority Board of

Commissioners

Subject: Floyd Armbrester - 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 Floyd Armbrester, et al v. City of

Oakland, et al., United States District Court Case No. C 02 2102 JSW, our file

number 21977, in the amount of $13,500.00, This case involves use of

excessive force (Oakland Police Department-Alleged Civil Rights Violation)

Subject: Jamalia Brown - 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 Jamalia Brown v. City of

Oakland, et al., United States District Court Case No. C 03 0526 JL, our file

number X01748, in the amount of $45,000.00, This case involves a claim of

Subject: BRASS Budgeting Software

From: Office of the City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend,

extend, and execute a contract with American Management Systems, Inc. for

the 2004 calendar year for an amount not to exceed $50,000 to perform

maintenance services and consultation related to the City's BRASS Budgeting

Software

Subject: Urban Area Security Initiative Implementation

From: Office of the City Manager

Recommendation: Adopt a Resolution to grant the Interim City Manager the

authority for funding acceptance, appropriation and spending, and to award

contracts for the Fiscal Year 2003-2004 Urban Area Security Initiative Program

Revised Recommendation: The January 13, 2004 Finance and Management

Committee directed staff to revise the resolution to add the following language to the

last further resolved: "before the working group votes". 3 Ayes 1 Excused - De La

Fuente

Subject: Oakland Private Industry Council

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution amending Resolution Number 77297 C.

M.S. to authorize the deferral for one year of a competitive bidding process for

the Oakland Workforce Investment Board's One Stop Systems Administrator

and One Stop Career Center Operator, and authorize the City Manager to

renegotiate and extend the contract with the Oakland Private Industry Council

through Fiscal Year 2004-2005

Revised Recommendation: The January 13, 2004 Community and Economic

Development Committee directed staff to amend the resolution to incorporate staff's

proposed terms in the renegotiation of the contract. 3 Ayes, 1 Excused - De La Fuente

Subject: Johanna Favrot Fund Historic Preservation Grant

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution requesting approval to apply for, accept

if awarded, and appropriate the Johanna Favrot Fund for Historic Preservation

Matching Fund Grant through the National Trust for Historic Preservation for an

award of between $2,500 and $10,000

Subject: Woodminster Amphitheater

From: Office of Parks and Recreation

Recommendation: Adopt a Resolution authorizing the City Manager to execute

an agreement with Producers Associates, Inc. to provide musical theater at

Woodminster Amphitheater for a 5-year term beginning January 1, 2004 and

ending December 31, 2008

Revised Recommendation: The January 13, 2004 Life Enrichment Committee directed

staff to amend the resolution to include annual reviews of the calendar and performance

schedule; retention of staff's authority to negotiate the schedule and calendar; and

rescheduling of floor removal to provide for more performance time in September 2004.

4 Ayes

Subject: California Library Literacy and English Acquisition Services Program

From: Oakland Public Library

Recommendation: Adopt a Resolution authorizing the City Manager, on behalf

of the City of Oakland, to apply for, accept, and appropriate a grant in the

amount of $90,201 from the California Library Literacy and English Language

Acquisition Services Program for Fiscal Year 2003-2004

Subject: Public Art Annual Plan

From: Cultural Arts and Marketing Department

Recommendation: Adopt a Resolution to adopt the Public Art Annual Plan for

Calendar Year 2004

Subject: Parental Stress Service

From: Department of Human Services

Recommendation: Adopt a Resolution authorizing the City Manager, on behalf

of the City of Oakland, to negotiate and execute a one-year professional

service contract in an amount not to exceed $40,000 between the City and

Parental Stress Services, Inc. to provide mental health services to the Oakland

Head Start Program and authorizing the City Manager to execute a one-year

extension for an additional amount not to exceed

$40,000

Subject: Emergency Preparedness Audio/Visual Communication Equipment

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager to accept

and appropriate nineteen thousand two hundred seventeen dollars and ninety-

four cents ($19,217.94) from the Port of Oakland to the Police Department for

the purchase of emergency audio/visual communications equipment,

hardware, and related computer support

Subject: Underground Utility District No. 234: 48th Street - Public Hearing

From: Public Works Agency

Recommendation: Conduct a Public Hearing and upon conclusion adopt a

Resolution establishing Underground Utility District No. 234: 48th Street,

between Telegraph and Shattuck Avenues, to be funded under California

Subject: Tree Removal Appeal - 300 Elysian Fields Drive - Public Hearing

From: Office of Parks and Recreation

Recommendation: Conduct a continued Public Hearing and upon conclusion

adopt a Resolution denying the appeal filed by Stephanie Y. Gandolfi against

the decision of the Director of the Office of Parks and Recreation approving the

issuance of tree removal permit number DR03-123 at 300 Elysian Fields Drive;

District 7

Subject: Creation of Special Assessment Districts - Public Hearing

From: Oakland Fire Department

Recommendation: Conduct a continued Public Hearing and upon conclusion

adopt a Resolution establishing the Oakland Wildfire Prevention Assessment

District; accepting and granting final approval of the engineer's report and

assessment district boundary map and description; making a determination

with regard to the majority protest procedure for approval of the assessments;

creating the district advisory board; and approving, adopting and levying the

annual assessment for the district (TITLE CHANGE)

At the January 6, 2004 City Council meeting, the public comment portion was closed

and the Public Hearing was continued to January 20, 2004 for reporting of the ballot

results and for Council to take action on the Resolution and formation of the

Assessment District.

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

Resolutions:

1) Adopt a Resolution accepting and confirming reports of the Interim 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

2) Adopt a Resolution overruling protests and accepting and confirming

reports of the Interim 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 Interim 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

ACTION ON NON-CONSENT ITEMS:

Subject: City Owned Surplus Property

From: Community & Economic Development Agency

Recommendation: Approve the Introduction (First Reading) of an Ordinance

authorizing the City Manager to enter into purchase and sale agreements for

the sale of City owned surplus property from the negotiated sale to the

following highest bidders: (APN 045-5304-057-02, 056 for $150,000) 98th and

RJ Investments, LLC; and (APN 048d-7303-067 for $50,000 & APN 048d-7303

-068 for $50,000) Wayne Huey

03-0380.pdf,

10.11CC.pdf,

15.pdf

Final Passage (Second Reading) has been scheduled for February 3, 2004.

Subject: City Owned Surplus Property - Impartial Financial Analysis

From: Office of the City Auditor

Subject: City Council Rules and Procedures

From: City Council Legislative Analyst and Office of the City Attorney

Recommendation: Approve Recommendations regarding modifications to the

City Council's meeting schedule and Rules of Procedure; and adopt a

Resolution (1) repealing Resolution numbers 75563 and 76561 C.M.S., ("

Repealed Resolutions") which established and amended the City Council's

Rules of Procedure for the conduct of Council Meetings and code of ethics,

and (2) establishing new rules of procedure for the conduct of City Council

meetings, including but not limited to changes to (i) the order of business of

Council meetings, (ii) committee and council procedures, (iii) powers of the

Rules Committee, (iv) dates, times and frequency of regular Council and

Committee meetings, and (v) procedures and time limits for public speakers,

that were provided under the repealed resolutions.

16.pdf,

78307 C.M.S..pdf,

Item 9 12-9-03.pdf,

Item 9 SUP 12-11-03.pdf

Subject: Central City East Redevelopment Project Area Committee

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution amending the formation procedures for

the Central City East Redevelopment Project Area Committee to increase the

number of community organization representatives from 12 to 16

organizations, and to designate the Central East Oakland Community

Development District Board, the Elmhurst Community Development District

Board, the Eastlake/San Antonio/Chinatown Community Development District

Board, and the Melrose High Hopes Neighborhood Crime Prevention Council

as additional community organizations

002178-2.pdf,

17.pdf,

78308 C.M.S..pdf

Subject: Bertha Port Park

From: Finance and Management Agency

Recommendation: Adopt a Resolution authorizing the City Manager to enter

into an agreement with Trust for Public Land to accept a gift-in-place of design

and construction services and equipment and materials valued at $350,000 for

improvements to Bertha Port Park

Subject: Permit, Enforcement, and Records Tracking System (PERTS)

From: Community and Economic Development Agency

Recommendation: Adopt the following legislation regarding the purchase and

installation of computer hardware and software and professional services for

an integrated Permit, Enforcement, and Records Tracking System (PERTS) for

a total amount not to exceed four million dollars ($4,000,000):

(1) Adopt a Resolution authorizing the City Manager to negotiate and execute

a contract with Municipal Software Corporation for professional services to

provide, install, and license computer software for an integrated Permit,

Enforcement, and Records Tracking System (PERTS) in an amount not to

exceed seven hundred eighty thousand dollars ($780,000)

(2) Adopt a Resolution authorizing the City Manager to negotiate and execute

a contract with Xerox Global Services Corporation for professional services to

provide, install, and license computer software and hardware for an integrated

Permit, Enforcement, and Records Tracking System (PERTS) in an amount

not to exceed two million eight hundred twenty thousand dollars ($2,820,000)

(3) Adopt a Resolution authorizing the City Manager to amend the professional

services agreements with Municipal Software Corporation and Xerox Global

Services Corporation for changes in scope-of-work not to exceed a combined

aggregate contract amount of three million six hundred thousand dollars (

$3,600,000)

(4) Adopt a Resolution authorizing the City Manager to appropriate annual

expected revenue of nine hundred ten thousand dollars ($910,000) to a new

CEDA project from a new Technology Service Fee and from the increase in the

collection of an existing Records Management Service Fee assessed by the

Community and Economic Development Agency, and to increase the Fiscal

Year 2003-2005 Expenditure Budget of the Building Services Division for the

Permit, Enforcement, and Records Tracking System (PERTS)

(5) Adopt a Resolution authorizing the City Manager to appropriate three

hundred thousand dollars ($300,000) to upgrade the Sun/Unix Server, and to

establish a Service Level Agreement between the Information Technology

Division (IT) of the Finance and Management Agency and the Community and

Economic Development Agency to support the integrated Permit, Enforcement,

and Records Tracking System (PERTS)

(6) Adopt an Ordinance amending Ordinance Number 12504 C.M.S. (Master

Fee Schedule), as amended, to establish a new Technology Service Fee

assessed by the Building Services Division of the Community and Economic

Development Agency

(7) Adopt a Resolution authorizing the City Manager to reallocate two million

six hundred ninety thousand dollars ($2,690,000) of prior year unspent

technology project appropriations, as approved as part of the Fiscal Year 2001-

2003 Capital Improvement Program Budget within the Community and

Economic Development Agency, for the integrated Permit, Enforcement, and

Records Tracking System (PERTS)

(8) Adopt a Resolution authorizing the City Manager to negotiate and execute

an agreement with Xerox Global Services Corporation to provide private

financing for an integrated Permit, Enforcement, and Records Tracking System

(PERTS) for an amount not to exceed two million six hundred ninety thousand

dollars ($2,690,000) of principal and six hundred thousand dollars ($600,000)

of interest

Revised Recommendation: The January 13, 2004 Finance and Management

Committee directed staff to amend all resolutions to add a Resolve stating the City will

stop payment at the 5th month of the contract, if interface module fails and the

Committee directed staff to provide a supplemental report with an analysis of where the

collected 5% Technology Fees will go. 3 Ayes 1 Excused - De La Fuente

Revised Recommendation: The January 13, 2004 Finance and Management

Committee approved:

1) the expansion of salary range to 50%, with the requirement that the City Manager

must justify to Council reasons for raises and new hire with salaries 20% over

subordinate staff;

2) 1 increase per year from 0 to 3 or 4% above the CPI with provisions that a) If no

merit increase is possible in that year the City Manager will have the flexibility to give

bonuses; and b) If CPI is above 5% Council will review the merit increase range at mid-

cycle budget; and

3) Retroactive merit increases for staff with completed performance evaluations and

also directed staff to return with the number of completed performance evaluations and

the approximate dollar amount associated with those salary raises. 3 Ayes 1 Excused -

De La Fuente

Subject: Audit Services - Macias, Gini & Company

From: Office of the City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend

a contract with Macias, Gini & Company, LLP for audit services for the Fiscal

Years ending June 30, 2003 and 2004 to provide additional fees of $75,000 (

for a revised total not to exceed $603,065) for the audit of the Fiscal Year

ending June 30, 2003 and $65,000 (for a revised total not to exceed $619,470)

for the audit of the Fiscal Year ending June 30, 2004

Subject: Recycled Tires - Assembly Bill 338

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution supporting Assembly Bill 338 requiring

the California Department of Transportation (CAL TRANS) to use rubberized

asphalt concrete which contains recycled scrap tires in at least 15% of all State

highway asphalt construction or repair projects.

Time Critical: This item was forwarded directly to the Council agenda due to the time

sensitive nature as determined by the January 15, 2004 Rules and Legislation

Committee.

This item requires an urgency finding pursuant to Section 2.20.070 E(2) of the Sunshine

Ordinance requiring a 2/3 majority vote.

Americans With Disabilities Act

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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