City of Oakland Legistar System

80448 CMS.pdf

8.2

Subject: Stopwaste.Org

From: Councilmember Jean Quan

Recommendation: Adopt A Resolution Welcoming To Oakland Stopwaste.Org, A Joint Powers

Agency That Provides Strategic Planning, Research And Technical Assistance To The Public,

Local Governments And Businesses And Innovative Programs And Facilities To Maximize

Waste Prevention, Recycling And Economic Development Opportunities

07-0061

A motion was made by Councilmember Quan, seconded by

Councilmember Nadel, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

80449 CMS.pdf

9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS

Agency/Councilmembers Brooks, Quan and Reid took a point of personal

privilege and requested that the meeting be adjourned in memory of Ellen

Posey

Agency/Councilmembers Brooks and De La Fuente took a point of personal

privilege and requested that the meeting be adjourned in memory of Sarah

Elizabeth Rehm

Agency/Councilmember Brunner took a point of personal privilege and

requested that the meeting be adjourned in memory of Isaac Faulk and Gina

Silber

Agency/Councilmember Reid took a point of personal privilege and requested

that the meeting be adjourned in memory of Gladys Ann Hudson-Jones

Agency/Councilmembers Brooks and Reid took a point of personal privilege

and requested that the meeting be adjourned in memory of Tanya Hill

10. CONSENT CALENDAR (CC) ITEMS:

10.1-CC

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

07-0033

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Darnell Levingston

80450 CMS.pdf

10.2-CC

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

07-0034

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80451 CMS.pdf

10.3

Subject: Oakland City Center Project Amendment

From: Community and Economic Development Agency

Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing

The City To Enter Into A Twelfth Amendment To The Disposition And Development Agreement

With Shorenstein Realty Investors Three, L.P., Regarding The City Center Project: (1) Extending

The Option To Purchase Block T-12 By Eight Months Until December 31, 2007; (2) Revising

Provisions Regarding When The Planned Unit Development And Grading Permits Are Required;

(3) Deleting The Option To Develop A Residential Project On Block T-12; (4) Approving The

Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein Realty Investors Eight,

LP; (5) Committing The Developer To Contribute Up To $100,000 To Fund An Effort To Attract

Retail To Downtown Oakland; And (6) Committing The Developer To Explore The Feasibility

Of Including Retail In Its Block T-12 And T-5/6 Commercial Developments And A World Trade

Center Showcase Center Project On Block T-5/6

06-1053

*Rescheduled to Concurrent Meeting of the Oakland Redevelopment

Agency / City Council on 4/3/2007

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

Attachment B__14.2 Motion.pdf,

12789 CMS.pdf

10.4-CC

Subject: Cynthia Phillips - 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 Cynthia Phillips, Et Al., V. City Of Oakland, Alameda

County Superior Court Case No. RG04160529, In The Amount Of $40,000.00 (Public Works

Agency)

07-0058

A motion was made that this matter be Adopted. The motion carried by

the following vote:

Votes:

ORA\Councilmember Abstained: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Quan, President of the Council

De La Fuente, Councilmember Brooks and Councilmember Reid

80452 CMS.pdf

10.5-CC

Subject: Priority Project Funds - District Seven

From: Councilmember Larry Reid

Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $10,000 From

Councilmember Larry E. Reid's Priority Project Funds To The Office Of Parks And Recreation

To Assist With The Funding Of Radical Wheels Weekend Event On March 31, 2007

07-0028

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80453 CMS.pdf

10.6-CC

Subject: Priority Project Funds - District Seven

From: Councilmember Larry Reid

Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $15,000 From

Councilmember Larry E. Reid's Priority Project Funds For Operating Expenses To Secret Place

Ministries For Women And Children, A Non-Profit Organization That Provides, Housing,

Counseling And Training

07-0029

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80454 CMS.pdf

10.7-CC

Subject: Travel Authorization - Councilmember Brunner

From: Councilmember Jane Brunner

Recommendation: Adopt A Resolution Authorizing Councilmember Jane Brunner To Travel To

Santa Monica, California, To Attend The Milken Institute's Conference Workshop: "A Laboratory

On The Next Steps In California's Policy On Global Warming," On Thursday, March 8, 2007, To

Return The Same Day

07-0030

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80455 CMS.pdf

10.8-CC

Subject: Service-Enriched Permanent Housing

From: Community and Economic Development Agency

Recommendation: Adopt A Resolution Upholding The Appeal And Overturning The Decision Of

The Planning Commission Thereby Denying The Establishment Of A Service-Enriched

Permanent Housing Residential Activity For 8 Adults Within An Existing Structure Located At

2815 West Street

07-0046

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80456 CMS.pdf

10.9-CC

Subject: Melanie Fong - Recognition

From: Office of The City Administrator

Recommendation: Adopt A Resolution Commending Melaine Fong For Over Twenty Years Of

Outstanding And Distinguished Service To The City Of Oakland

07-0050

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

80457 CMS.pdf

10.10-CC

Subject: Assembly Bill 77 - Analysis

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution In Support Of Assembly Bill 77 (Lieber) Requiring The

Secretary Of California Department Of Corrections And Rehabilitation To Appoint A Working

Group To Develop An Action Plan For Reforming The State's Parole System, And Providing

State Funding For The Development Of Local Infrastructure That Provides Comprehensive

Transition And Reentry Services For Parolees

06-1112

This Matter was Approved on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80458 CMS.pdf

10.11-CC

Subject: Townsend Public Affairs - Contract Extension

From: City Council

Recommendation: Adopt A Resolution Waiving The Competitive Request For

Proposal/Qualifications Process And Authorizing The City Administrator To Extend The

Agreement With Townsend Public Affairs, Inc., The City's State Legislative Representative From

April 5, 2006-January 5, 2007 To December 5, 2007, And To Increase The Contract By An

Amount Not To Exceed One Hundred And Ten Thousand Dollars ($110,000.00) For The

Additional Eleven Month Period For A Total Contract Amount Of Two Hundred Thousand

Dollars ($200,000.00)

06-1143

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80459 CMS.pdf

10.12-CC

Subject: Support Of Assembly Bill 21

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution In Support Of Assembly Bill 21 (Jones) Establishing

State Earned Income Tax Credit (EITC)

06-1151

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke on this item:

- Yvonne A. Smith

80460 CMS.pdf

S-10.13-C

Subject: Seismic Retrofit Of Bridges

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing the Acceptance And Appropriation Of One

Million Two Hundred Seventy-Seven Thousand Two Hundred Twenty-Nine Dollars

($1,277,229.00) In Federal Highway Funds For The Seismic Retrofit Of Several Bridges In

Oakland

06-1115

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80461 CMS.pdf

S-10.14-C

Subject: Rehabilitation Of Trestle Glen Stairs

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Bay Construction

For The Rehabilitation Of Trestle Glen Stairs (Project No. C214810) For An Amount Not To

Exceed Three Hundred Fifty-Three Thousand Nine Hundred Eighty Dollars ($353,980.00)

06-1149

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

80462 CMS.pdf

S-10.15-C

Subject: 12th Street Reconstruction Project

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The Rejection Of Single Bid On The 12th

Street Reconstruction Project (C241610), And Formally Re-Bid With Return To Council For

Award

06-1150

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80463 CMS.pdf

S-10.16-C

Subject: Vacancy Report

From: Finance And Management Agency

Recommendation: Receive An Bi-Annual Informational Report On (1) The Current Number Of

Authorized Vacancies Citywide, As Of January 10, 2007, Including (2) Analysis Of The

Retirement And Attrition Projections And Impacts, (3) Status Of Negotiations Of Unions

Regarding Amendments To The Civil Service Rules, (4) Data On Residency Of Sworn

Personnel, And (5) Personnel Department's Best Practice Initiatives

06-0779

This Matter was *Received and Filed on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

This individual(s) spoke on this item:

- Jeffery Levin

- William H. Mayo

- Bradley C. Walters

- Donald E. Templin

- Sanjiv Handa

View Report.pdf

S-10.17-C

Subject: 2680 Beaconsfield Place - Purchase And Sale Agreement

From: Community and Economic Development Agency

Recommendation: Adopt An Ordinance Authorizing The City Administrator To Negotiate And

Execute A Purchase And Sale Agreement With Michael And Margaret Chu For The City's

Purchase Of 2680 Beaconsfield Place (APN: 048D-7280-028) Consisting Of About 5,929

Square Feet Of Land Located In The Beaconsfield Canyon For The Fair Market Value Of

Seventy Two Thousand Sixty Nine Dollars ($72,069) Plus Closing Costs Not To Exceed Five

Thousand Dollars ($5,000) For The Measure DD Watershed Acquisition Project

06-1127

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

12790 CMS.pdf

S-10.18-C

Subject: Transfer Of Funds

From: Office of the City Administrator

Recommendation: Adopt A Resolution To Authorize The City Administrator To Transfer Eight

Hundred Sixty-Three Thousand Three Hundred Sixty-One Dollars ($863,361) In Funds From

The General Purpose Fund (1010) From An AT&T Settlement Agreement (P219410) To The

Telecommunications Fund (1760) To Support, Extend And Enhance Ability Of KTOP-TV To

Provide Legislative Coverage, Television Services And Upgrade And Maintenance Of The City

Council Chambers And Hearing Rooms

07-0003

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

80464 CMS.pdf

S-10.19-C

Subject: Risk Management Cost Allocation

From: Finance and Management Agency

Recommendation: Adopt A Resolution Authorizing The Budgetary Appropriation Of Monies

From The Self-Insurance General Liability Fund (Fund 1100) To Departments For Fiscal Year

2007-2008 And 2008-2009 Allocation Of General Liability Costs Based On Implementation Of

The "Phoenix Model" Of Risk Management Cost Allocation

07-0004

A motion was made by Councilmember Quan, seconded by

Councilmember Chang, that this matter be Deferred to the Special

Concurrent Meeting of the Oakland Redevelopment Agency and City

Council - Fiscal Year 2007 - 2009 Budget Workshop. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

- William Mayo

View Report.pdf

S-10.20-C

Subject: OBRA Professional Services Agreements Acceptance And Amendments

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Regarding Existing Oakland Base Reuse

Authority (OBRA) Professional Services Agreements To:

(1) Accept The Rights And Obligations Of OBRA In The Professional Services Agreement By

And Between OBRA And Lamphier-Gregory In An Amount Not To Exceed Four Hundred

Three Thousand Dollars ($403,000);

(2) Approve And Execute An Amendment To The Professional Services Agreement By And

Between OBRA And Lamphier-Gregory In An Amount Not To Exceed One Hundred Forty

Thousand Dollars ($140,000) For A New Total Contract Amount Of Five Hundred, Forty Three

Thousand Dollars ($543,000); And

(3) Accept The Rights And Obligations Of OBRA In The Following Amendments To OBRA

Professional Services Contracts, Which Amendments Have Been Approved By The OBRA

Governing Body:

A. An Amendment To The Professional Services Agreement By And Between OBRA And Erler

& Kalinowski In An Amount Not To Exceed Four Hundred Thousand Dollars ($400,000) For A

New Total Contract Amount Of One Million, Two Hundred Thousand Dollars ($1,200,000);

B. An Amendment To The Professional Services Agreement By And Between OBRA And

Geomatrix Consultants For An Amount Not To Exceed Three Hundred Thousand Dollars

($300,000) For A New Total Contract Amount Of Eight Hundred Thousand Dollars ($800,000);

C. An Amendment To The Professional Services Agreement By And Between OBRA And

Northgate Environmental Management For An Amount Not To Exceed Three Hundred

Thousand Dollars ($300,000) For A New Total Contract Amount Of Eight Hundred Thousand

Dollars ($800,000);

D. An Amendment To The Professional Services Agreement By And Between OBRA And URS

Corporation For An Amount Not To Exceed Four Hundred Thousand Dollars ($400,000) For A

New Total Contract Amount Of Five Hundred Thousand Dollars ($500,000); And

(4) Approve And Execute An Amendment To The Professional Service Agreement By And

Between The Agency And Kimley-Horn & Associates In An Amount Not To Exceed Five

Hundred Thousand Dollars ($500,000) For A New Total Contract Amount Of Two Million

Dollars ($2,000,000)

06-1124

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

2007-0014 CMS.pdf

S-10.21-C

Subject: Opposition To CalWorks Cash Assistance Cuts

From: Councilmember Nadel

Recommendation: Adopt A Resolution Opposing The Governor's Proposed Cuts In The

2007-2008 State Budget Of $324.4 Million In CalWorks Cash Assistance Benefits To

Low-Income Families

07-0027

This Matter was Adopted on the Consent Agenda.

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- William Mayo

View Supplemental Item.pdf,

80466 CMS.pdf

Passed The Consent Agenda

A motion was made by Councilmember Quan, seconded by

Councilmember Chang, including all the preceding items marked as having

been adopted on the Consent Agenda. The motion carried by the following

vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

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

Closed Session

A motion was made by Councilmember Quan, seconded by

Councilmember Chang, to *Approve as Submitted the report of 1 final

decision made during closed session as indicated in attachment A of this

item. The motion carried by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

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

Sunshine Ordinance

A motion was made by Councilmember Reid, seconded by Councilmember

Chang, to *Approve as Submitted the disclosure that there were no

non-confidential closed session discussions during closed session. The

motion carried by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL

THEREAFTER:

Reconsideration of Ordinances pursuant to Charter Section 216

There was no action necessary for this item.

14. Consideration of items with statutory Public Hearing Requirements:

14.1

Subject: Business Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business

Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation:

1) A Resolution Accepting And Confirming Reports Of The City Administrator 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

06-1145

A motion was made by Councilmember Brooks, seconded by

Councilmember Chang, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

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

opened at 7:29 PM

The following individual(s) spoke on this item:

- Sanjiv Handa

Agency/Councilmember Brooks made a motion, seconded by

Agency/Councilmember Chang, to close the Public Hearing, and hearing no

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

Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council

De La Fuente -8

80467 CMS.pdf

2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City

Administrator 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

06-1145-1

Not Adopted

3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent

Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges And

Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland

Municipal Code

06-1145-2

Not Adopted

14.2

Subject: Mandatory Garbage Fees - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For

July/August/September 2006, Monthly Accounts And October/November/December 2006,

Quarterly Accounts And Upon Conclusion Adopt One Of The Following Pieces Of Legislation:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs

Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The

Recordation Of Liens With Administrative Charges And Assessment Charges As Necessary -

Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien

And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or

06-1146

A motion was made by Councilmember Brooks, seconded by

Councilmember Chang, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was

opened at 7:32 PM

The following individual(s) spoke on this item:

- Sanjiv Handa

Agency/Councilmember Brooks made a motion, seconded by

Agency/Councilmember Chang, to close the Public Hearing, and hearing no

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

Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council

De La Fuente -8

80468 CMS.pdf

2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of

The City Administrator On The Costs Incurred By The City Of Oakland Delinquent Garbage

Service Fees And Authorizing The Recordation Of Liens With Administrative And Assessment

Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And

Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax

Collector For Collection; Or

06-1146-1

Not Adopted

3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent

Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment

Charges As Necessary - Pursuant Chapter 8.28 Of The Oakland Municipal Code

06-1146-2

Not Adopted

14.3

Subject: Real Property Transfer Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real

Property Transfer Taxes And Upon Conclusion Adopt One Of The Following Pieces Of

Legislation:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs

Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Confirming

The Recordation Of Liens With Administrative And Assessment Charges As Necessary -

Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien

And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or

06-1147

A motion was made by Councilmember Chang, seconded by

Councilmember Kernighan, that this matter be Adopted. The motion

carried by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Upon the reading of Item 14.3 by the City Clerk, the Public Hearing was

opened at 7:36 PM

The following individual(s) spoke on this item:

- Sanjiv Handa

Agency/Councilmember Chang made a motion, seconded by

Agency/Councilmember Kernighan, to close the Public Hearing, and hearing

no objections, the motion passed by Ayes: Agency/Councilmember: Brooks,

Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council

De La Fuente -8

80469 CMS.pdf

2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of

The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real

Property Transfer Taxes And Authorizing The Recordation Of Liens With Administrative And

Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal

Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The

County Tax Collector For Collection; Or

06-1147-1

Not Adopted

3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent

Real Property Transfer Taxes And The Recordation Of Liens With Administrative And

Assessment Charges As Necessary - Pursuant Chapter 4.20 Of The Oakland Municipal Code

06-1147-2

Not Adopted

14.4

Subject: Transient Occupancy Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient

Occupancy Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs

Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Confirming

The Recordation Of Liens With Administrative And Assessment Charges As Necessary -

Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien

And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or

06-1148

A motion was made by Councilmember Quan, seconded by

Councilmember Nadel, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Upon the reading of Item 14.4 by the City Clerk, the Public Hearing was

opened at 7:39 PM

The following individual(s) spoke on this item:

- Sanjiv Handa

Agency/Councilmember Quan made a motion, seconded by

Agency/Councilmember Nadel, to close the Public Hearing, and hearing no

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

Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council

De La Fuente -8

80470 CMS.pdf

2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of

The City Administrator On The Costs Incurred By The City Of Oakland Delinquent Transient

Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative And

Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal

Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The

County Tax Collector For Collection; Or

06-1148-1

Not Adopted

3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent

Transient Occupancy Taxes And The Recordation Of Liens With Administrative And

Assessment Charges As Necessary - Pursuant Chapter 4.24 Of The Oakland Municipal Code

06-1148-2

Not Adopted

ACTION ON NON-CONSENT ITEMS:

Subject: McKillop Roadway - Landslide Damage

From: Public Works Agency

Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency Due To

Landslide Damage To McKillop Roadway First Proclaimed By the City Of Oakland On October

17, 2006

07-0035

A motion was made by Councilmember Nadel, seconded by

Councilmember Quan, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

80471 CMS.pdf

Subject: Class II Bicycle Lanes On Lakeshore Avenue

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The Installation Of Class II Bicycle Lanes On

Lakeshore Avenue By Reducing Travel Lanes From Four (4) Through Lanes To Two (2)

Through Lanes And Adding A Continuous Center-Turn Lane Between Harvard/Winsor Roads

And Mandana Boulevard

06-1059

A motion was made by Councilmember Kernighan, seconded by

Councilmember Brunner, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke on this item:

- Michelle Gabriel

- Tara Runyan

- Ken W. Pratt

- Michael Herbert

- Eleanor Bonifacio

- Bruce DeBenedictis

- Cameron Brown

- Richard D. Young

- Odette Pollar

- Jon Barrilleaux

- Sanjiv Handa

80472 CMS.pdf

Subject: Tobacco Shop - Moratorium

From: Councilmember Larry Reid

Recommendation: Adopt An Urgency Ordinance, Pursuant To California Government Code

Section 65858, Extending Until September 20, 2007, A Moratorium On The Establishment Of

Any New Activity Or Facility Selling Tobacco Or Tobacco Related Products Or Paraphernalia

07-0049

A motion was made by Councilmember Reid, seconded by Councilmember

Nadel, that this matter be Approved for Final Passage. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke on this item:

- Sanjiv Handa

- Carol O. McGruder

- Paul Cummings

12788 CMS.pdf

Subject: Public Ethics Commission Appointment

From: Office of the Mayor

Recommendation: Adopt A Resolution Appointing Mario Lamont Andrews And John K.

Ashford, Jr. As Members Of The Public Ethics Commission

07-0055

A motion was made by Councilmember Chang, seconded by

Councilmember Nadel, that this matter be Adopted as Amended. The

motion carried by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The resolution was amended to remove the name of John Ashford.

The following individual(s) spoke on this item:

- Sanjiv Handa

80473 CMS.pdf

Subject: Citizens Police Review Board Appointment

From: Office of the Mayor

Recommendation: Adopt A Resolution Appointing Qa'id Tauheed Aqeel And Jon B. Eisenberg

As Members Of The Citizen's Police Review Board

07-0056

A motion was made by Councilmember Reid, seconded by Councilmember

Quan, that this matter be Adopted. The motion carried by the following

vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke on this item:

- Sanjiv Handa

- Darnell Levingston

80474 CMS.pdf

S-20

Subject: Residential Permit Parking - Implementation

From: Public Works Agency

Recommendation: Adopt A Resolution Approving Implementation Of Residential Permit Parking

(RPP) On Howe Street From John Street To Pleasant Valley Avenue As An Addition To The

Existing Area "A" RPP

06-1077

A motion was made by Councilmember Brunner, seconded by

Councilmember Nadel, that this matter be Adopted. The motion carried

by the following vote:

Votes:

ORA\Councilmember Abstained: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente and Councilmember Reid

The following individual(s) spoke on this item:

- Sanjiv Handa

80475 CMS.pdf

S-21

Subject: City Street Resurfacing Contract - Gallager And Burk

From: Public Works Agency

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

Gallagher And Burk, Inc. For Citywide Street Resurfacing (Project No. G287610) For The

Amount Of Four Million Eight Hundred Eighty-Eight Thousand Five Hundred Twenty-Seven

Dollars ($4,888,527.00)

07-0021

A motion was made by Councilmember Quan, seconded by President of the

Council De La Fuente, that this matter be Adopted. The motion carried by

the following vote:

Votes:

ORA\Councilmember Abstained: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente and Councilmember Reid

The following individual(s) spoke on this item:

- Sanjiv Handa

80476 CMS.pdf

S-22

Subject: Off-Street Parking Facilities Management

From: Public Works Agency

Recommendation: Action On A Report And Recommendation Authorizing The Public Works

Agency To Begin Negotiations With Douglas Parking, LLC On A Contract For Management Of

City-Owned Off-Street Parking Facilities

06-1136

A motion was made by Councilmember Brunner, seconded by

Councilmember Brooks, that this matter be Approved. The motion carried

by the following vote:

Votes:

ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Council approved the recommendation of staff with the inclusion of

Councilmember Quan's five points and provided the following direction:

- In the Fall of 2007 staff will return with the negotiated contract including:

performance standards and a schedule of deliverables with remedies for

non-compliance and a timeline for implementation. Both of these will be

subject to annual review

- Two years into the contract a performance audit will begin, said audit is to be

completed by 2.5 years into the contract. This audit may possibly be conducted

by the City Auditor

- In three years the contract must return to Council for review before approval

of any extensions is granted

The following individual(s) spoke on this item:

- Joseph J. Haraburda

- Louis Vela

- David H. Douglas

- Debroah L. Boyer

- Lisa L. Medina

- Tom John Breennan

- Kevin Grate

- Robert Jason Bindel

- Iezana Mekonnen

- Jermy S. Hwang

- Donnell B. Larking

- Jim T. Moses

- Sanjiv Handa

- Leland M. Douglas

- Alisha D. Stanfield

- Steven Blaine Douglas

- Behailu Mekbib

- Robert Stang

View Supplemental Report.pdf

S-23

Subject: Allocation Of Community Development Block Grant Funds

From: Community and Economic Development Agency

Recommendation: Action On A Request For The City Council To Provide Direction Regarding

Recommendations For The Allocation Of CDBG Funds Between The Categories Of

Administration And Planning, Economic Development, Housing, Public Improvements, Public

Services, And Repayment Of Section 108 Loans

06-1123

A motion was made by Councilmember Quan, seconded by

Councilmember Brunner, that this matter be Approved. The motion

carried by the following vote:

Votes:

ORA\Councilmember Abstained: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember

Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan,

President of the Council De La Fuente and Councilmember Reid

Council approved the recommendations from committee and directed staff to

look into ways to limit the administrative overhead for the programs and to find

more funding for homeless housing with various options to fund the plan.

The following individual(s) spoke on this item:

- Sanjiv Handa

- William H. Mayo

View Supplemental Report.pdf

S-24

Subject: Affordable Housing Development Activities

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing An Affordable Housing Development Loan In An Amount Not To

Exceed $3,991,000 To Bridge Housing, Inc., For The St. Joseph's Senior Apartments Project

Located At 2647 International Boulevard; And

06-1092

A motion was made by Councilmember Brunner, seconded by

Councilmember Reid, that this matter be Adopted. The motion carried by

the following vote:

Votes:

ORA\Councilmember Abstained: 1 - Councilmember Nadel

ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember

Chang, Councilmember Brunner, Councilmember Quan, President of the Council

De La Fuente, Councilmember Brooks and Councilmember Reid