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.

Pledge of Allegiance

Roll Call / ORA & Council

COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel,

Dist. 3; Vice Mayor Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry

Chang, At-Large, and President Ignacio De La Fuente, Dist. 5

Open Forum / Citizens Comments

(Time Available: 15 minutes)

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.

Approval of the Draft Minutes from the Special and Regular Concurrent Meeting of the

Oakland Redevelopment Agency/City Council held September 14, 2006 and October 3,

2006

Subject: Recognition Of Brent Clearman

From: Councilmember Larry Reid

Recommendation: Adopt A Resolution In Tribute And Honor Of the Life Of California

Highway Patrol Officer, Brent W. Clearman

Subject: American Public Works Association Accreditation

From: Public Works Agency

Recommendation: Hear A Presentation To The Public Works Agency For Achieving

National Accreditation By The American Public Works Association on August 15, 2006

Subject: Oakland Wildfire Prevention Day

From: Oakland Fire Department

Recommendation: Adopt A Resolution Proclaiming October 21, 2006, And, Annually,

The Third Saturday In October, As Wildfire Prevention Day In The City Of Oakland

Subject: Anniversary of Women's Right to Vote

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution in Recognition Of The 95th Anniversary Of

Women In California Winning The Right To Vote

Subject: National Save For Retirement Week

From: Vice Mayor Quan

Recommendation: Adopt A Resolution Declaring October 22 Through October 28, 2006

As National Save For Retirement Week

Subject: Celebrating And Honoring The Oakland Athletics

From: Council President De La Fuente

Recommendation: Adopt A Resolution Celebrating And Honoring The Oakland

Subject: American Indian Public Charter School Recognition

From: Council President De La Fuente and Vice Mayor Quan

Recommendation: Adopt A Resolution To Commend The American Indian Public

Charter School For Being Recognized By The United States Department Of Education

As A 2006 Blue Ribbon School

Subject: Domestic Violence Awareness Month

From: Vice Mayor Jean Quan

Recommendation: Adopt A Resolution Proclaiming October 2006

Domestic Violence Awareness Month

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

finding was made at the October 12, 2006 Rules and Legislation Committee

to place this item on the agenda for the following reasons: 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: Rabbitt V. 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 Rabbitt V. City Of Oakland, Alameda County

Superior Court Case No. RG05-220797 In The Amount Of $10,000 (Public Works

Agency)

Subject: Garcia V. 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 Garcia V. City Of Oakland, Alameda County

Superior Court Case No. RG05-244000 In The Amount Of $10,000 (Oakland Fire

Department)

Subject: Pauline Nunes V. 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 Pauline Nunes V. City Of Oakland, Et Al.,

Superior Court, County Of Alameda, Case No. RG04174124, In The Amount Of

$10,000.00 As A Result Of A Trip And Fall Accident In The Vicinity Of Sixth Street

Between Washington And Clay Streets On July 21, 2003 (Public Works Agency - Trip

And Fall Accident)

Subject: Wayne Russo V. 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 Wayne Russo, Guardian Ad Litem For Rosie

Russo V. City Of Oakland, Alameda County Superior Court Case No. 2001-018706, Our

File No. 990874 In The Amount Of $16,000.00. This Case Involves An Automobile

Collision Between A City Of Oakland Vehicle And A Vehicle In Which Plaintiff Was A

Passenger (Public Works Agency)

Subject: Leona C. Savoy - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Claim Of Leona C. Savoy And John L. Burris, Her

Attorney Of Record In The Amount Of Seven Thousand Nine Hundred Thirty One

Dollars And Forty Four Cents ($7,931.44), As A Result Of Damages Sustained To Ms.

Savoy's Vehicle Due To Bullets From Oakland Police Officers Service Revolvers On

March 11, 2006 (Oakland Police Department)

Subject: Juan Carlos Guizar Ochoa - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Case Of Juan Carlos Guizar Ochoa v. City Of Oakland,

Alameda County Superior Court No. RG03132516, Our File No. 23462, In The Amount

Of $30,000.00 (Public Works Agency - Motor Vehicle Accident)

Subject: Final Map For Tract 7582

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces of Legislation:

1) A Resolution Conditionally Approving The Final Map For Tract 7582 For The Sausal

Creek Homes Subdivision At 2470 26th Avenue And Conditionally Accepting

Irrevocable Offers Of Dedication For On-Site Public Access And Public Utility

Easements; And

2) A Resolution Conditionally Approving A Subdivision Improvement Agreement With

Homeplace Initiatives, Inc. For the Final Map For Tract 7582 For The Sausal Creek

Homes Subdivision For Construction Of Public Infrastructure Improvements At 2470

26th Avenue

Subject: Final Map For Tract 7664

From: Community and Economic Development Agency

Recommendation: Adopt A Resolution Conditionally Approving The Final Map For

Tract 7664 To Convert Twenty-Two Rental Housing Units To Residential

Condominiums At 5400 Broadway Terrace

Subject: Association Of Bay Area Governments Appointments

From: Council President De La Fuente

Recommendation: Adopt A Resolution Re-Appointing Councilmembers Jane Brunner,

Nancy Nadel, And Jean Quan To The Board Of The Association Of Bay Area

Governments (ABAG) And Appointing Councilmember Patricia Kernighan As An

Alternate For The Two-Year Term Commencing On July 1, 2006 And Ending On June

30, 2008

Subject: Tassafaronga Village Residential Project

From: Community and Economic Development Agency

Recommendation: Approve The Following Pieces Of Legislation:

1) Final Passage (Second Reading) Of An Ordinance Adopting The Fifth Amendment

To The Coliseum Area Redevelopment Plan Amending The Land Use Designation For A

Portion Of The 191-Unit Tassafaronga Village Residential Project Site Located At 968 -

81st Avenue, A 0.03-Acre Portion Of 966 - 81st Avenue And A 0.141-Acre Tax Default

Parcel (APN 042-4206-0047-00) From Manufacturing To Mixed Housing Type; And

2) Final Passage (Second Reading) Of An Ordinance Rezoning A Portion Of The

191-Unit Tassafaronga Village Residential Project Site Located At 968 - 81st Avenue, A

0.03-Acre Portion Of 966 - 81st Avenue And A 0.141 -Acre Tax Default Parcel (APN

042-4206-0047-00) From The M-30 General Industrial Zone To The R-50 Medium

Density Residential Zone

Subject: Project Priority Funds - District Five

From: Council President De La Fuente

Recommendation: Adopt A Resolution Immediately Allocating $100,000 From The

Priority Project Funds Of City Council President Ignacio De La Fuente To Oakland's

Chabot Space And Science Center

Subject: Active Network Contract

From: Finance and Management Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Waive

The City's Competitve Bidding And Award Process, Authorize A Solicitation Of

Proposals Process And Negotiation of A Contract With Active Network, In An Amount

Not-To-Exceed $250,000.00 To Purchase An Enterprise Point-Of-Sale (POS) System

Which Will Automate The Cash Handling Process Within The City Of Oakland (TITLE

CHANGE)

The October 10, 2006 Finance and Management Committee approved

recommendations and further directed staff to amend the purchasing

procedures to avoid delays in acquiring computer software and hardware;

3 Ayes, 1 Excused - De La Fuente

Subject: Parking Violation Penalties

From: Finance and Management Agency

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

Amending Oakland Municipal Code Chapter 10.48 "Parking Fines" To Add Section

10.48.030 Authorizing A Fee For The Collection Of Delinquent Penalty Payments And

Amending Ordinance No. 12676 C.M.S., The Master Fee Schedule, To Add Special

Costs Of Collecting Parking Violation Penalties Fees

The October 10, 2006 Finance and Management Committee approved

recommendations: 3 Ayes, 1 Excused - De La Fuente

Final Passage (Second Reading) has been scheduled for October 31, 2006

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 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 With Administrative And Assessment Charges As Necessary -

Pursuant To 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

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 Business Taxes And Authorizing The Recordation Of Liens With

Administrative And Assessment Charges As Necessary - Pursuant To Chapter 5.04 of

The Oakland Municipal Code, And Directing the Notice Of Lien And Assessment

Charges Be Turned Over To The County Tax Collector For Collection

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

Delinquent Business Taxes, And The Recordation Of Liens With Admnistrative And

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

Municipal Code

Subject: Delinquent Transient Occupancy Taxes - Public Hearing

From: Finance And Management Agency

Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For

Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The

Following Resolutions:

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

2) A Resolution Overruling Protests And Objectections And Accepting And Confirming

Reports Of The City Administrator On The Costs Incurred By the City Of Oakland For

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

Delinquent Transient Occupancy Taxes And The Recordation Of Liens With

Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of

The Oakland Municipal Code

Subject: Three New Housing And Business Mix Zoning Designations

From: Community And Economic Development Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The

Following Pieces of Legislation:

1) Approve The Introduction (First Reading) Of An Ordinance To Adopt 1) Adopting

Amendments To The Zoning Regulations That Create Three New Housing And Business

Mix (HBX) Zoning Designations; 2) Adopting A Design Guidelines Manual Associated

With The New HBX Zoning Designations; 3) Amending The Zoning Maps To Include

The New HBX Zones; And 4) Amending The Document "Guidelines For Determining

Project Conformity With The General Plan And Zoning Regulations" To Reflect The

New Zones (TITLE CHANGE); And

2) A Resolution Amending The Land Use And Transportation

Element Of The General Plan To Clarify And Refine The Housing And Business Mix

General Plan Portions Of The Land Use Diagram

Subject: Inclusionary Housing Ordinance

From: Councilmember Brunner

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

Chapter 17.109 To The Oakland Planning Code To Establish An Inclusionary Housing

Requirement And Establish Two New Homeowernship Programs For Oakland Teachers,

Making Related Amendments To The Oakland Planning Code, Amending Section

15.68.100 Of The Oakland Municipal Code To Permit Affordable Housing Trust Funds

To Be Used To Administer And Enforce The Inclusionary Housing Requirement, And

Amending The Master Fee Schedule To Establish An Inclusionary Housing In-Lieu Fee;

And

Adopt An Agency Resolution Restricting The Use Of Low And Moderate Income

Housing Funds To Units For Households At 60% Of Area Median Income, With A

Preference For Households At 30% Of Area Median Income

Subject: Lake Merritt Municipal Boathouse - Proposed Tenant Improvements

From: Community And Economic Development Agency

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

Authorizing The City Administrator To Negotiate And Execute Leases With The Owner

Of The Beach Chalet Restaurant, And If Such Negotiations Fail Then Proceed To

Negotiate And Execute Leases With Other Qualified Restaurant Operators, For A

Restaurant In 9,216 Square Feet Of Restaurant Space Plus All Basement Areas Of The

Lake Merritt Municipal Boathouse Located At 1520 Lakeside Drive, Oakland, Without

Returning To Council

This item was withdrawn from the October 3, 2006 and rescheduled to

October 17, 2006 City Council agenda.

Introduction (First Reading) was approved on September 19, 2006

Subject: Violent Death Reporting System

From: Oakland Police Department

Recommendation: Receive An Informational Report from the Alameda County Public

Health Department "Violence in Oakland" A Public Health Crisis, Violent Death

Reporting System 2002-2004

Subject: East Bay Municipal Utility District -Agreement

From: Finance and Management Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To

Negotiate And Execute A License Agreement With East Bay Municipal Utility District

("EBMUD") For The Amount Of Zero Dollar ("$0") For The Purpose Of Permitting The

City To Place A Public Safety Radio Tower, Portable Structure And Associated

Equipment At The Gwin Reservoir Site, Located Off Grizzly Peak Boulevard Near

Marlborough Terrace

Subject: Sworn Police Officers

From: Finance and Management Agency

Recommendation: Adopt A Resolution To Adopt Rules And Regulations Governing

Employer-Employee Relations In City Government Applicable To Sworn Police Officers

Subject: McKillop Roadway - Landslide Damage

From: Public Works Agency

Recommendation: Adopt A Resolution Confirming The Existence Of A Local

Emergency Declared By The City Administrator On October 15, 2006, Due To Landslide

Damage To McKillop Roadway

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

finding was made at the October 12, 2006 Rules and Legislation Committee

to place this item on the agenda for the following reasons: 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: Abatement Of Impending Peril

From: Public Works Agency

Recommendation: Adopt A Resolution Declaring The Abatement Of An Impending Peril

And Authorizing Immediate Action To Prevent Landslide Damage To McKillop Road

In Oakland