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.

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

finding was made at the February 16, 2006 Rules and Legislation

Committee to place this item on the agenda for the following reasons: 1)

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 2) 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: Ruth Pacheco And Edwin White - Settlement

From: Office Of The City Attorney

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

Compromise And Settle The Case Of Ruth Pacheco And Edwin White V. City Of

Oakland, Et Al., Superior Court, County Of Alameda, Case No. RG04168981, In The

Amount Of $35,000.00 As A Result Of An Automobile Collision Accident In The

Vicinity Of High Street And Ygnacio Avenue, Oakland, On April 4, 2004 (Police

Department - Automobile Accident)

Subject: Toler Heights Estates LLC - Property Sale

From: Community And Economic Development Agency

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

Amending Ordinance No. 12214 C.M.S., Which Authorized The Sale Of Four

City-Owned Properties At 9724 And 9745 Thermal Street And 2656 And 2660 98th

Avenue To Black Phoenix Development Group For The Development Of Six Homes

Affordable To Moderate-Income Households, To Authorize The Sale Of The Properties

To Toler Heights Estates LLC, Successor To Black Phoenix, For The Total Fair Market

Value Of $810,500 For The Development Of Six Units Of Market-Rate Housing

Subject: Franchise Transfer

From: Community and Economic Development Agency

Recommendation: Approve The Introduction (First Reading) Of An Ordinance To (1)

Consent To The Transfer Of The Franchise Pursuant To Ordinance 8005 C.M.S. Dated

July 24, 1969 Granting A Franchise To Construct, Maintain And Operate A Bridge And

Tunnel At 21ST Street (The Kaiser Center) In The City Of Oakland To Prentiss

Properties Acquisition Partners L.P. And SIC-Lakeside Drive, LLC, And (2) Amend

Said Ordinance To Increase The Amount Of The Liability Insurance To $25,000,000

And The Annual Franchise Consideration To $1,500

Subject: Peralta Hacienda Historical Park Landscape Improvement Project

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1)

Accept And Express Appreciation For A Donation Of Forty-Eight Thousand Dollars

($48,000.00) From Owens-Illinois Glass Container North America For The Peralta

Hacienda Historical Park Phase IIIA Landscape Improvement Project (Project No.

C196710); And 2) Appropriate Said Donation To The Construction Budget For Project

No. C196710; And 3) Accept And Express Appreciating For A Gift Of Interpretive

Exhibit Sculptures With An Estimated Value Of Thirty-Four Thousand Dollars

($34,000.00) From The Friends Of Peralta Hacienda Historical Park

Subject: 2400 Filbert Street - Public Hearing

From: Community And Economic Development Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution

Denying The Appeal And Sustaining The Decision Of The City Planning Commission In

Approving The Application For A Conditional Use Permit And Design Review To

Construct A 55 Unit Residential Project At 2400 Filbert Street, Oakland

Agency/Councilmember Brunner made a motion, seconded by

Agency/Councilmember Reid, to approve the Introduction (First Reading)

of the Ordinance on February 7, 2006 as amended to include the following

changes:

Section 3 Definitions

ADD IN ALPHABETICAL ORDER:

"Targeted Street." The City Councilmember for each City Council

District and the City Administrator shall create annually a list of Targeted

Streets for each City Council District. Targeted Streets shall be those

streets and neighborhoods where clean up and disposal of litter will be the

City's highest priority under the this ordinance, so long as such clean up

and disposal is consistent with Section 7 of this ordinance. However, a

street or neighborhood not on the Targeted Street lists may receive the

clean up or litter disposal supported by this ordinance; and

Amending Section 5. FEE STRUCTURE to read as follows:

F. Eligible Businesses in Business Improvement Districts. Any Eligible

business that is current in paying its assessments to a business

improvement district authorized by the City Council shall pay only 50

(fifty) percent of the fee for its classification. The City Administrator or

his or her designee may further exempt any such eligible Business from the

Excess Litter Fee if he or she determines that (1) Such Eligible Business'

respective business improvement district is not within 3 blocks of a

Targeted Street, or (2) If such Eligible Business' respective business

improvement district is within 3 blocks of a Targeted Street, the Eligible

Business or its respective business improvement district has an effective

program to clean up litter originating from such Eligible Business on the

Targeted Street; and upon call of the roll, the motion passed by Ayes:

Agency/Councilmember: Brunner, Chang, Reid, Quan, Wan and President

of the Council De La Fuente -6, Noes: Brooks -1; Abstain: Nadel -1

View Report.pdf,

View Supplemental Report.pdf,

12727 CMS.pdf

Subject: Forest City - Exclusive Negotiating Agreement

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator

To Negotiate And Execute A First Amendment To An Exclusive Negotiating Agreement

Between The Redevelopment Agency And Forest City Residential West, Inc. Or A

Related Entity, For The Development Of A Market Rate, Mixed-Use Project Consisting

Of Housing And Retail On A Parcel Bounded By William Street In The North,

Telegraph Avenue On The East, 19th Street On The South And A New Public Park On

The West In Downtown Oakland In Order To Extend The Exclusive Negotiating

Agreement For An Additional Term Of Ninety (90) Days, Resulting In A Total Term Of

One Hundred Eighty (180) Days

Subject: Franchise Labor Requirements

From: Office Of The City Attorney

Recommendation: Approve The Final Passage (Second 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: 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: Amendment To Oakland Municipal Code

From: Office Of The City Administrator

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

Amending Oakland Municipal Code Title 2, Chapter 2.04, Article 2.04.160,

Expenditures From Restricted Gift Proceeds, To Delegate Limited Authority To The City

Administrator To, Without City Council Action, Accept Gifts And Donations And To

Appropriate And Expend Monies Derived From Gifts And Donations, And Repealing

Oakland Municipal Ordinance No. 8144 C.M.S., Adopted June 9, 1970, Which Contains

Conflicting, Obsolete Provisions

Subject: Landscaping And Lighting Assessment District Property Assessments

From: Office of the City Administrator - Budget Office

Recommendation: Adopt A Resolution To (A) Initiate The Fiscal Year 2006-2007

Assessment Process For The City Of Oakland Landscaping And Lighting Assessment

District; (B) Increase Property Assessments For The Landscaping And Lighting

Assessment District Pursuant To Articles XIII C And D Of The California Constitution;

And (C) Authorize The City Administrator To Order The Preparation Of A Preliminary

Engineer's Report Pursuant To The California Streets And Highways Code

Subject: Community Services Block Grant Funding

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator 1) To Apply,

Accept And Appropriate A Two Year Grant In The Amount Of $1,361,186 In

Community Services Block Grant (CSBG) Funds From The State Of California

Department Of Community Services And Development (CSD) To The City Of Oakland's

Federally Designated Community Action Agency In The Amount Of $680,593 Annually

For Calendar Years 2006 and 2007; 2) To Enter Into Agreements With Providers For

Services; And 3) To Apply For, Accept, Appropriate And Enter Into Future Agreements

For CSBG Renewal Grant Funding From CSD Without Returning To Council

The February 14, 2006 Life Enrichment Committee approved

recommendations as amended to include the deletion of the third

"Resolved" of the Resolution and further directed staff to prepare a

Supplemental Report to include the 2006-2007 funding allocations. Staff

was also directed to include in the forthcoming Annual report the following

information: 1) A breakdown of demographic categories in the report and

needs assessment; 2) direction of financial literacy classes; 3) IDA

programs impact on self-sufficiency; 4) duration of employment after going

through employment programs; 5) CAP program and the lack of an RFP

process pertaining thereto; 6) a general sense of where the money is going;

and 7) measurable benchmarks; 4 Ayes

The February 14, 2006 Public Safety Committee approved

recommendations as amended to included the following changes: 1) An

analysis of both the Police Enforcement Program and the Prevention and

Intervention Program; 2) a community process for defining the crime effect

indicators; and 3) include the source of funding reflecting a 2/5 allocation

from prevention and intervention and a 3/5 allocation from enforcement; 3

Ayes, 1 Excused - Reid

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 - Agenda Management Unit

Phone: (510) 238-6406

Fax: (510) 238-6699

Recorded Agenda: (510) 238-2386

Telecommunications Display Device: (510) 839-6451