City of Oakland Legistar System

A meeting of the Joint Oakland Redevelopment Agency and City Council was

held on the above date. Opening with the Pledge of Allegiance, the meeting

was convened at 6:05 p.m.

ORA\Councilmember Present: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

The following individual(s) spoke under Open Forum:

- John Minor

- Diane Hurst

- Stan Bluiett

- John Grace

- Sonja Rochelle

- Leo Kirtright

- Joseph Hardy

- David Ward

- Keith Shelton

- Jesse Carney

- Jerome Brown

- Wilbert McAlister

- Hugh Bassette

- Keith Jacobs

- Eddie Dillard

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.

Councilmember Reid made a motion, seconded by President De La Fuente to

withdraw from the Consent Calendar Item S-10.18CC and reschedule it to

January 3, 2006 as a Non Consent item and hearing no objections, the motion

passes by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Kernighan,

Nadel, Reid, Quan, and President of the Council De La Fuente -8

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.

ORA\Councilmember Abstained: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Reid and Councilmember Chang

Subject: City Veterans Who Served In Iraq And Afghanistan

From: Councilmember Nadel

Recommendation: Adopt A Resolution Honoring And Welcoming Home Oakland City

Employees Who Have Served In Iraq And Afghanistan (05-0947)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Rebecca M. Bautista - Service Recognition

From: Department Of Human Services

Recommendation: Adopt A Resolution Commending Rebecca M. Bautista For 33 Years Of

Devoted And Dedicated Service And Congratulating Her On Her Retirement (05-0966)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Jayne M. Becker - Service Recognition

From: Councilmember Quan

Recommendation: Adopt A Resolution Honoring Jayne M. Becker For Her Many Years Of

Devoted Service To The City Of Oakland (05-0974)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: One Book Initiative

From: Councilmember Quan

Recommendation: Adopt A Resolution In Support Of The Library's One City, One Book

Initiative, January-February, 2006 (05-0984)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

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

that the meeting be adjourned in memory of Cecil R. Parker and Kaya Apaydin

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

that the meeting be adjourned in memory of Jose Luis Pizano Sr.

Agency/Councilmember Brooks took a point of personal privilege and

requested that the meeting be adjourned in memory of Stanley "Tookie"

Williams.

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

that the meeting be adjourned in memory of Herb Holman.

Agency/Councilmember De La Fuente took a point of personal privilege and

requested that the meeting be adjourned in memory of Joseph Edgerly.

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 (05-0981)

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 (05-0980)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Kimberly Silverstein - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Claim Of Kimberly Silverstein, California Department Of Fair

Employment And Housing Claim No. E200405M1313-00-RSC, In The Amount Of Eighty-Five

Thousand Dollars (Oakland Police Department) (05-0999)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Luis Libran - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Case Of Luis Libran V. City Of Oakland, Superior Court, County

Of Alameda, Case No. RG04189172, In The Amount Of $12,000.00 As A Result Of A Trip

And Fall Accident In The Vicinity Of 1300 Fruitvale Avenue, Oakland, On January 2, 2004

(Public Works Agency) (05-0983)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Ronald Muhammed - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Case Of Ronald Muhammed V. City Of Oakland, Et Al., United

States District Court, Northern District Of California Case No. C-04-3053-MJJ, In The Amount

Of $7,000.00 As A Result Of An Arrest On July 28, 2003 (Oakland Police Department –

Excessive Force) (05-1000)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Bobby Johnson - Settlement

From: Office of the City Attorney

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

Compromise And Settle The Case Of Bobby Johnson V. City Of Oakland, Alameda County

Superior Court Case No. RG04-178723, Our File No. 23839 In The Amount Of $75,000.00.

This Case Involves A Trip And Fall Accident On A Deteriorated Portion Of The Crosswalk

(Public Works Agency) (05-1001)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Civilian Border Patrol Opposition

From: Councilmember Nadel

Recommendation: Adopt A Resolution To Support Immigrants And Human Rights And

Oppose Civilian Border Patrols (05-0971)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Vacation To The Port Of Oakland Of Ferro Street

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Adopting Findings And Setting A Public Hearing To

Receive Supporting Evidence And Public Comments On A Proposed Vacation To The Port Of

Oakland Of Ferro Street From Its Intersection With Middle Harbor Road To Its Western

Terminus (05-0801)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Vacating Ferro Street

From: Community And Economic Development Agency

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

Vacating Ferro Street To The Port Of Oakland From Its Intersection With Middle Harbor Road

To Its Western Terminus (05-0800)

This Matter was Approved on Introduction for Final Passage to the

Concurrent Meeting of the Oakland Redevelopment Agency/City Council,

due back on January 3, 2006 on the Consent Agenda.

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: 2121 Harrison Street - Revocable And Conditional Permits

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Resolution Granting Catholic Cathedral Corporation Of The East Bay A Revocable And

Conditional Permit To Allow A Temporary Soil Shoring For A Building At 2121 Harrison

Street To Encroach Under Grand Avenue, Harrison Street, And 21st Street (05-0893)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

2) Resolution Granting Catholic Cathedral Corporation Of The East Bay A Conditional And

Revocable Permit To Allow A Vault And Electrical Transformers For A New Building At 2121

Harrison Street To Encroach Under Public Sidewalk Along 21st Street (05-0893-1)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Temporary Soil Shoring System

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Granting Prentiss Properties Acquisition Partners, L.P.,

A Revocable And Conditional Permit To Allow A Temporary Soil Shoring For A Building At

2100 Franklin Street To Encroach Under Franklin Street, 21st Street, And 22nd Street

(05-0906)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: 4700 Lincoln Avenue Parking Garage

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Conditionally Accepting An Offer Of Dedication Of

Public Right-Of-Way For A Relocated Sidewalk At The Entrance To A New Parking Garage

At 4700 Lincoln Avenue (05-0910)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Donation From Head Royce School

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept A

Private Donation From Head Royce School Of The Installation Of A Speed Radar Driver

Feedback Sign On Lincoln Avenue In The Value Of Eleven Thousand Two Hundred Fifty

Dollars ($11,250.00) (05-0960)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Ray's Electric - Contract

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Award A

Construction Contract To Ray's Electric For The CIP Traffic Signal Project (City Project No.

C232410, C232610, B246510, C229310) For Traffic Signal Installation At Three Intersections

(International Boulevard At 4th Avenue, International Boulevard At 21st Avenue, And Martin

Luther King Jr. Way At 53rd Street) In The Total Amount Of Five Hundred Fifty-One

Thousand Two Hundred Ninety Dollars ($551,290.00) (05-0962)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Installation Of Stop Signs At Various Locations

From: Public Works Agency

Recommendation: Adopt A Resolution Approving Installation Of Stop Signs On Halliday

Avenue At Church Street, Orral Street At 70th Avenue, 72nd Avenue At Orral Street, Ford

Street At Lancaster Street, Lancaster Street At Glascock Street, Derby Avenue At Glascock

Street, Drury Road At Amito Drive, 10th Street At Frontage Road, East 33rd Street At Elliott

Street, And 94th Avenue At E Street At An Estimated Cost of Four Thousand Six Hundred

Seventy-Five Dollars ($4,675.00) (05-0963)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Nonexclusive Storm Drain Easement

From: Community And Economic Development Agency

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

The Granting Of A Nonexclusive Permanent Storm Drain Easement Of 479 Square Feet On

City Owned Property Located At 105th Avenue, Oakland (APN # 045-5370-020-01) To

Marinwoods Enterprises, Inc. For The Appraised Market Value Of $2,500 Plus Master Fee

Schedule Fees (05-0853)

This Matter was Approved on Introduction for Final Passage to the

Concurrent Meeting of the Oakland Redevelopment Agency/City Council,

due back on January 3, 2006 on the Consent Agenda.

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: California Debt Limit Allocation Committee Application Submission

From: Finance And Management Agency

Recommendation: Adopt A Resolution Of The Redevelopment Agency Of The City Of

Oakland Authorizing The Submission Of An Application For Private Activity Allocation To

The California Debt Limit Allocation Committee In An Amount Not To Exceed $10 Million

And The Placement Into An Escrow Account One-Half Of One Percent Of The Amount Of

Allocation Requested (05-0968)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Radio Equipment Upgrade

From: Finance And Management Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing The City Administrator Or Her Designee To Negotiate And

Execute An Agreement With Nextel Communications For The Replacement, Retuning,

Upgrade And Modification Of The City's 800 MHz Radio Equipment Per The FCC Rebanding

Agreement Without Return To Council (05-0929)

2) A Resolution Authorizing The City Administrator Or Her Designee To Allocate Funds From

The Radio Replacement Fund In An Amount Not To Exceed Three Million Dollars

($3,000,000.00) And Authorize The City Administrator To Execute A Contract With

Dailey-Wells Inc. For Project Engineering, Radio Replacement And Upgrades Without Return

To Council (05-0929-1)

2) A Resolution Authorizing The City Administrator Or Her Designee To Authorize Two (2)

Additional Positions For Project Management And Installation Coordination For A Period Not

To Exceed Three Years Without Return To Council (05-0929-2)

3) A Resolution Authorizing The City Administrator To Enter Into Cooperative Agreements

With Bay Area Rapid Transit District (BART) And The City Of Richmond Allowing The

Mutual Roaming Capabilities Of Public Safety Units On Each Of The Radio Systems Without

Return To Council; And (05-0929-3)

4) A Resolution Authorizing The City Administrator Or Her Designee To Execute A Purchase

Order With M/A-Com Inc. For Radio Parts And Materials For An Amount Not To Exceed Five

Hundred Thousand Dollars ($500,000.00) Per Year For Three (3) Years Without Return To

Council (05-0929-4)

Subject: Fruitvale Business Improvement Management District

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Approving And Confirming The Annual Report Of The

Fruitvale Business Improvement Management District Advisory Board And The Continuing

Annual Assessment For The Fruitvale Business Improvement Management District For Fiscal

Year 2005-2006 (05-0882)

ORA\Councilmember Abstained: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Kernighan, Vice Mayor Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Lakeshore/Lake Park Business Improvement Management District Advisory Board

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Approving And Confirming The Annual Report Of The

Lakeshore/Lake Park Business Improvement Management District Advisory Board And The

Continuing Annual Assessment For The Lakeshore/Lake Park Business Improvement

Management District For Fiscal Year 2005-2006 (05-0885)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Broadway Median Improvements

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces of Legislation:

1) An Agency Resolution Allocating $150,000 From The Broadway/Macarthur/San Pablo

Redevelopment Project To The City Of Oakland Under The Cooperation Agreement To Fund

Improvements To The Broadway Median From Interstate 580 To College Avenue; And

(05-0914)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

2) A Resolution Accepting And Appropriating $150,000 From The Redevelopment Agency

Under The Cooperation Agreement To Fund Improvements To The Broadway Median From

Interstate 580 To College Avenue, And Authorizing The City Administrator To Award The

Construction Contract For This Project To The Lowest Responsible Bidder Without Returning

To Council (05-0914-1)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Park Capital Improvement Projects

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Develop A

Prioritization List And Approving Evaluation Criteria For Initial Feasibility Analyses For City

Of Oakland Parks Capital Improvement Projects (05-0867)

ORA\Councilmember Noes: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 7 - Councilmember Nadel, Councilmember

Kernighan, Vice Mayor Quan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

Subject: Ace Kids Golf Program And Girl Sports Program

From: Office Of Parks And Recreation

Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The

City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Eighty Thousand

Dollars ($80,000) From Friends Of Parks And Recreation For The Office Of Parks And

Recreation Ace Kids Golf Program And Girls Sports Program (05-0921)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Children's Library Programs

From: Oakland Public Library

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

Accept, And Appropriate Grants In The Combined Amount Of $111,611.76 From The

Philanthropic Ventures Foundation, The Oakland Public Library Foundation, The Friends Of

The Oakland Public Library, The David B. Gold Foundation, And The California State Library

For Children's Programs At Oakland Public Library During Fiscal Year 2005-2006 (05-0934)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Marine Unit Equipment Purchases And Repairs

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate Grant Funds In The Amount Of Sixty-Five Thousand Dollars ($65,000) From The

State Of California, Department Of Boating And Waterways, For Use By The Oakland Police

Department Marine Unit For Equipment Purchases And Repairs To Vessels Used For Law

Enforcement And Security On City Of Oakland Waterways (05-0932)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Bulletproof Vest Partnership Grant Program

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate Grant Funds In The Amount Of Six Thousand Seven Hundred Eighty-Nine Dollars

($6,789) From The U.S. Department Of Justice, Bureau Of Justice Assistance, Bulletproof Vest

Partnership Grant Program, And Appropriate Said Funds To The Police Department (05-0933)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Management Intern

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The Acceptance And Appropriation Of

$45,000 From The Oakland Police Foundation To Provide Funding For A Management Intern

To Support The Police Foundation And $25,000 To Supplement The Community - Clergy And

Recovery Effort (C-Care) Program To Reduce Substance Abuse For A Total Of $70,000 And

To Request A Waiver Of Central Service Overhead In The Amount Of $12,438 (05-0940)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Project Safe Neighborhoods

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate Grant Funds In An Amount Not To Exceed Two Hundred Thousand Dollars

($200,000) From The State Of California, Office Of Emergency Services, Serving As The

Fiscal Agent For Project Safe Neighborhoods As Administered Through The Office Of The

U.S. Attorney, Northern District Of California For The U.S. Department Of Justice, Bureau Of

Justice Assistance, In Support Of The Oakland Police Department Criminalistics Division And

Special Operations Group (05-0944)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Motorola, Inc. - Agreement Amendment

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend The

Specialized Services Agreement With Motorola, Inc. To Include Purchase Of A Personnel

Information Management System (PIMS) Software Program, Including Installation, Training

And Support Services To Create An Early Intervention Database And Tracking System In An

Amount Not To Exceed Three Hundred Fifteen Thousand Dollars ($315,000) (05-0925)

ORA\Councilmember Abstained: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Reid and Councilmember Chang

Subject: Department Of Human Services Contract Amendment

From: Office Of The City Administrator

Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend The

Contract Between The Department Of Human Services And The Mentoring Center To Add

$200,000 From The Oakland Police Department For A Total Contract Amount of $691,241 For

Delivery Of Community Services Under The Pathways To Change Model For Fiscal Year

2005-2006 (05-0973)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

A motion was made by Councilmember Kernighan, seconded by

Councilmember Nadel, including all the preceding items marked as having

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

vote:

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Councilmember Brooks noted abstention votes on the Closed Session items

regarding the Negotiated Settlements of Oakland Redevelopment Agency vs.

Fung and Oakland Redevelopment Agency vs. Viacom Outdoor, Inc.

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

- Sanjiv Handa

Agency/Councilmember Reid made a motion seconded by President of the

Council De La Fuente confirming that there were no discussions pursuant to

Section 15 of the Sunshine Ordinance, and hearing no objections, the motion

passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, Nadel,

Reid, Quan, Kernighan and President of the Council De La Fuente -8

Subject: Status Report On Katrina Evacuees

From: Councilmember Brooks

Recommendation: Receive A Status Report On Katrina Evacuees And City Of Oakland

Assistance Efforts; Recommendations For City Action To Provide Continued Relief From This

Crisis (05-0964)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Amendment To The Oakland Municipal Code

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Amending Resolution No. 78331 "Declaring A Low

Police Priority Related to Medical Marijuana Consistent With Oakland Municipal Code Section

5.80 And Senate Billl 420; And Rescinding Resolution No. 72516 Declaring Investigation and

Arrest Of Individuals Involved With Medical Marijuana A Low Priority Policy" To Add, In

Accordance With Measure Z, A Voter Initiative Entitled "Oakland Cannabis Regulation and

Revenue Ordinance," That Private Adult Cannabis Offenses Shall Be The City's Lowest Law

Enforcement Priority (05-0977)

ORA\Councilmember Abstained: 1 - Councilmember Brunner

ORA\Councilmember Noes: 2 - Councilmember Nadel and Councilmember

Brooks

ORA\Councilmember Ayes: 5 - Councilmember Kernighan, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Reid and

Councilmember Chang

The City Administrator was directed to expedite two additional Cannabis clubs.

The following individual(s) spoke against this item:

- Susan Stephenson

- Dale Gieringer

- Tim Castleman

- Richard Muller

- Mikki Morris

- Chris Conrad

- Robert Raich

- Kevin Good

- Richard Lee

- Don Konecny

- Ed Rosenthal

The following individual(s) spoke in favor of this item:

- Carson Higby-Flowers

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

- Sanjiv Handa

- Jeff Jones

Subject: Caldecott Tunnel Environmental Impact Report

From: Vice Mayor Brunner

Recommendation: Action On A Report And Recommendations For A Request To Authorize

The City Administrator To Enter Into Consultant Contracts For Up To $100,000 To Aid In The

City's Review Of The Draft Environmental Impact Report/Environmental Impact Statement For

The Caldecott Tunnel Fourth Bore Project In Order To Develop Appropriate Options For

Mitigation Measures To Reduce Or Eliminate Impacts To Oakland As A Result Of The Project

(05-0967)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

The Council directed staff to authorize the City Administrator to enter into a

Consultants Contract and bring the remaining $1 Million back to Council for

direction on future use of those funds.

The following individual(s) spoke in favor of this item:

- Jim Dexter

- Kent Deverell

- Stuart Flashman

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

- Sanjiv Handa

Councilmember Kernighan recused herself from action on this item and left

Chambers and was noted absent at 9:01 p.m.

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) (05-0422-3)

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

- Valerie Reyna

- Sharon Cornu

- Sanjiv Handa

Councilmember Kernighan was noted present at 9:10 p.m.

Subject: Oakland Raiders - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Approving The Execution And Delivery Of A

Settlement Agreement And Mutual Release, Including The Exhibits Thereto Of Claims That

The Oakland Raiders Were Entitled To Payment For Breach Of Marketing Agreements, Failure

To Account For Or Pay Revenue To The Raiders For Signage In Certain Areas Of The

Coliseum, And Breaches Of Other Agreements Among The Oakland Alameda County

Coliseum Authority, City Of Oakland, County Of Alameda, Oakland Alameda Coliseum, Inc.,

The Oakland Alameda County Coliseum Financing Corporation And The Oakland Raiders

(City Of Oakland Et. Al. V. Oakland Raiders Et. Al.; Sacramento County Superior Court No.

97AS06708) (05-0998)

ORA\Councilmember Abstained: 2 - Councilmember Nadel and

Councilmember Brooks

ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember

Kernighan, Vice Mayor Quan, President of the Council De La Fuente,

Councilmember Reid and Councilmember Chang

Council directed staff to bring back the deed when completed as well as a chart

of all the dollar figures and cut legal costs and what are the savings be assured.

The following individual(s) spoke and indicated a neutral position on this item:

- Hugh Bassette

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

- Sanjiv Handa

Subject: Phase II Implementation Plans For Various Water Quality Programs

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The Expenditure Of Previously

Appropriated And Allocated Funds In The Amount Of $1,000,000 For Phase II Of The

Implementation Plans For The Oakland Trust For Clean Water And Safe Parks, Measure DD,

Creek Restoration, Watershed Preservation And Acquisition, and Lake Merritt Water Quality

Programs (05-0854)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: T.Y. Lin International/Earthtech - Contract

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Amendment No. 1 To The Contract With

T.Y. Lin International/Earthtech, Joint Venture (Previously Known As CCS Planning And

Engineering/J. Muller International, Joint Venture) For The Lake Merritt Channel Bridge

Replacement Project (Project No. G121810) To Extend The Contract And Increase The Scope

Of Work The And Contract Amount By Two Hundred Forty-Five Thousand Dollars

($245,000.00) For A Total Amount Not-To-Exceed One Million Three Hundred Forty-Five

Thousand Dollars ($1,345,000.00), And To Appropriate To The Project An Additional Three

Hundred Four Thousand Dollars ($304,000.00) In Federal Highway Funds (05-0919)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Live Oak Pool Deck Replacement Project

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Reject All Bids,

To Waive Further Competitive Bidding And To Negotiate And Award A Construction Contract

To Bay Construction Company In An Amount Not-To-Exceed Three Hundred And Thirty

Seven Thousand Dollars ($337,000.00) For The Live Oak Pool Deck Replacement Project

(Project No. G251110) (05-0911)

ORA\Councilmember Abstained: 2 - Councilmember Nadel and

Councilmember Brooks

ORA\Councilmember Ayes: 6 - Councilmember Brunner, Councilmember

Kernighan, Vice Mayor Quan, President of the Council De La Fuente,

Councilmember Reid and Councilmember Chang

Subject: Redevelopment Funded Infrastructure Improvements

From: Community And Economic Development Agency

Recommendation: Action On A Report For Discussion And Direction On Redevelopment

Agency's Prioritizing Process For Funding Infrastructure Improvements (05-0845)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Ray's Electric - Contract

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Award A

Construction Contract To Ray's Electric For The Grand Avenue Pedestrian And Transit Project

Between Perkins Street And El Embarcadero And On Harrison Street At 21st Street (City

Project No. G266610, Federal Project No. CML-5012(058)) For An Amount Of Three Hundred

Ninety-Seven Thousand Seven Hundred Twenty-Eight Dollars And Fifty Cents ($397,728.50)

(05-0961)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

Subject: Kids First! Set Aside Percentage

From: Finance And Management Agency

Recommendation: Action On A Report And Recommendations On The Calculation Of The

Kids First! Fund 2.5 Percent Set-Aside And Response To The City Auditor's Kids First! Fund

Report (05-0620-5)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

As it pertains to this motion, (i) The Council is making this decision solely as a

compromise of a dispute regarding the requirements of the Kids First! statute;

(ii) In making this decision the Council has not reviewed the sources of its

general fund revenues to determine which funds are "restricted" and Council

intends to do so prospectively at regular intervals.

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

- Sanjiv Handa

Subject: Salary Ordinance - Amendment

From: Finance And Management Agency

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

Salary Schedule Of Ordinance No. 12187 C.M.S. (The Salary Ordinance) To Add The

Classifications Of Park Attendant, Senior Services Administrator, PPT And Chief Conservator,

To Amend The Title Of Executive Assistant To The Assistant City Manager, And Increase The

Salary Of Energy Engineer III (05-0878)

A motion was made by Vice Mayor Quan, seconded by Councilmember

Reid, that this matter be Approved on Introduction for Final Passage to

the Concurrent Meeting of the Oakland Redevelopment Agency/City

Council, due back on January 3, 2006. The motion carried by the

following vote:

ORA\Councilmember Absent: 1 - Vice Mayor Quan

ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

View Report.pdf,

View Supplemental Report.pdf,

12721 CMS.pdf

Subject: Studio One Art Center Rehabilitation Project

From: Public Works Agency

Recommendation: Adopt A Resolution To 1) Authorize The City Administrator To Award And

Execute A Construction Contract With The Lowest Responsive, Responsible Bidder, BBI

Construction For The Construction Of Studio One Art Center Rehabilitation Project (No.

C244710) In An Amount Not-To-Exceed Eight Million Two Hundred Thousand Dollars

($8,200,000.00) And Reject All Other Bids, 2) Re-Program Additional Funding Of Up To Two

Million Dollars ($2,000,000.00) From Brooklyn Basin And Marine Max Project (No. C242710)

To Studio One Art Center Rehabilitation Project (No. C244710), And 3) Appropriate Two

Million Dollars ($2,000,000.00) From Measure DD Interest Funds To Replenish Brooklyn

Basin And Marine Max Project (No. C242710) (05-0918)

A motion was made by Councilmember Brunner, seconded by

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

by the following vote:

ORA\Councilmember Absent: 1 - Vice Mayor Quan

ORA\Councilmember Ayes: 7 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, President of the Council De La Fuente,

Councilmember Brooks, Councilmember Reid and Councilmember Chang

View Item.pdf,

79653 CMS.pdf

Subject: Auto Retail Retention And Expansion

From: Community And Economic Development Agency

Recommendation: Action On A Report And Recommendations On A Proposed Long-Term

Strategy To Retain And Expand Auto Retail In Oakland (05-0890)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

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

- Sanjiv Handa

The following individual(s) spoke in favor of this item:

- David Frederickson

- Inder Dosanjm

Subject: Development And Implementation Of A Street Racing Task Force

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate Grant Funds In An Amount Not To Exceed Four Hundred Thousand Dollars

($400,000) From The State Of California, Office Of Traffic Safety, To The Police Department

For The Development And Implementation Of A Regional Illegal Street Racing Task Force

Focused On Increased Traffic Enforcement Operations Targeted At Preventing Reckless

Driving And Exhibitions Of Speed Commonly Referred To As Sideshows (05-0935)

ORA\Councilmember Ayes: 8 - Councilmember Brunner, Councilmember

Nadel, Councilmember Kernighan, Vice Mayor Quan, President of the Council

De La Fuente, Councilmember Brooks, Councilmember Reid and

Councilmember Chang

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 (TDD)

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. (...)