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. These items are heard on the

6:00 P.M. portion of the agenda.

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. These items are heard on the 7

:00 P.M. portion of the agenda.

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; Danny Wan, Dist. 2; Nancy Nadel, Dist.

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

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

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.

Subject: Mary A. Freeman - Service Recognition

From: Finance and Management Agency

Recommendation: Adopt a Resolution commending Mary A. Freeman for more than 34

years of devoted and dedicated service and congratulating her on her retirement

Subject: Barbara Barnes - Service Recognition

From: Finance and Management Agency

Recommendation: Adopt a Resolution commending Barbara Barnes for 32 years of

devoted and dedicated service and congratulating her on her retirement

Subject: Volunteer Blood Donor Month

From: Councilmember Nadel

Recommendation: Hear a Presentation and adopt a Resolution declaring January 2005 as

"Volunteer Blood Donor Month" in the City of Oakland

Subject: Renald A. Abellera - Service Recognition

From: Councilmember Reid

Recommendation: Adopt a Resolution commending Renald A. Abellera for 29.5 years of

outstanding and dedicated service and congratulating him on his retirement

Subject: Beverly Garcia - Service Recognition

From: Councilmember Reid

Recommendation: Adopt a Resolution commending Beverly Garcia for 29 years of

outstanding and dedicated service to the City of Oakland and congratulating her on her

retirement

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: Sharon Stewart - 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 Sharon Stewart v. City of Oakland Northern District

Court No. 03 5800 (CRB), our file no. 23245, a Police Conduct case in the amount of $

175,000.00 (POLICE DEPARTMENT). Ms. Stewart alleges that a sexual relationship

between her and police officer was coerced from November 1998 through December

2002

Subject: Daniel Hagen and Lynda O'Neil - 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 Daniel Hagen, Lynda O'Neil v. City of Oakland, et al.,

Superior Court Case No. 841695-7, our file no. 20994, a police conduct case in the

amount of $15,000.00 (OAKLAND POLICE DEPARTMENT) Mr. Hagen and Ms.

O'Neil allege that property was illegally confiscated from their home on May 27, 2000,

and that their subsequent arrest was without basis

Subject: People of the State of CA ex rel. Bill Lockyer - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City Attorney to

compromise and settle with Duke Energy in the Wholesale Electricity Antitrust cases (

People of the State of Cal. ex rel. Bill Lockyer v. Dynegy, Inc. et al., (USDC-Northern

District No. CV 02-1854-VRW) and all related cases against Duke Energy before

different courts in related appellate proceedings), in the amount of $500,000.00

Subject: Underground Utility District Number 236S

From: Public Works Agency

Recommendation: Adopt a Resolution to establish Underground Utility District Number

236S for developed subdivisions with completed underground utility service at Ariane

Court, a segment of Diablo Drive, Bishops Court, Observation Place, Skyline Circle and

a segment of Redwood Road, pursuant to Ordinance Number 7769 C.M.S. (

Councilmember Brooks, District 6)

Subject: Fiscal Year 2005-07 Budget Workshop II

From: Office of the City Administrator

Recommendation: Action on a Report establishing goals and objectives for the

development of Proposed Fiscal Year 2005-07 Budgets for City, Capital Improvement

Subject: Amicus Brief - City of Santa Monica - Tenant Harassment Ordinance

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing the City Attorney to File (1) a letter in

Support of a Petition for Review in the California Supreme Court, (2) a request to

depublish (not publish), and/or (3) an Amicus (Friend of the Court) Brief in support of

the City of Santa Monica in Action Apartment v. Santa Monica in which the California

Court Appeal held a State Law preempts a provision of Santa Monica's Ordinance that

Provides Tenants Remedies for Landlord's false or misleading allegations in Eviction

Notices

Subject: Oakland Children's Fairyland Inc. Management and Operation Agreement

From: Office of the City Administrator

Recommendation: Adopt a Resolution authorizing an agreement between the City of

Oakland and Oakland Children's Fairyland, Inc., for the operation and management of

Children's Fairyland, for a fifteen-year term expiring on December 31, 2019, under which

the City will pay an annual amount not to exceed $83,000 and utility and insurance

premium costs (projected to be an annual average of $68,000 in utilities and an annual

average of $125,000 for insurance premium costs) for an estimated annual total of $276,

000 (TITLE CHANGE)

The December 14, 2004 Life Enrichment Committee directed staff to

return to the January 04, 2005, City Council meeting with a Supplemental

Report including the following: 1) options to amend the board structure

and appointment process to include a 1 to 3 ratio allowing the City Council

to appointment members to the board 2) a written report explaining the

insurance agreement 3) a plan for a monthly "Free Admission Day" for

Oakland residents; 3 Ayes, 1 Excused - Chang

Subject: Amendment to the Oakland Municipal Code

From: Oakland Public Ethics Commission

Recommendation: Action on a Report from the Public Ethics Commission to amend

Chapter 3.13 of the Oakland Municipal Code (aka "The Limited Public Financing Act")

to provide, among other things, that 1) matching funds be available only to candidates for

City Council and the Oakland School Board; 2) the maximum amount which a candidate

may receive in matching funds be raised from 15 percent to 25 percent of the voluntary

expenditure limit; 3) require candidates to collect eligible contributions only from

sources located within the City of Oakland; 4) candidates may receive an initial grant of

The December 2, 2004 Rules and Legislation Committee approved

recommendations as amended and directed staff to return to the January 4

, 2005 City Council meeting with a Supplemental Report including the

following information:

1) graduate the contribution lump sum from $2500 match during the first

years and an additional $2500 the second year; 2) include language in the

ordinance defining the contribution regulations; and 3) remove

Councilmember At-Large position from the appropriation of funds in the

ordinance. In addition, staff is to address the following questions:

1) how is the Public Ethics Commission is going to deal with contributions

from relatives; 2) increase contribution from 25% to 30%; and 3) remove

Councilmember At-large from the limited compaign funds ; 4 Ayes

Subject: Represented Bargaining Unit Members

From: Office of Personnel

Recommendation: Adopt a Resolution approving the tentative agreement between the

City of Oakland and International Federation of Professional and Technical Engineers,

Local 21 to add fair share fee provisions covering Bargaining Units UH1, UM2 and TM2

to the MOU dated July 1, 2002 to June 30, 2008, that will require bargaining unit

members to pay Local 21 a fee for representing them in negotiations

Subject: Housing Development Systems, Inc.

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of Legislation:

(1) A Resolution authorizing a contract in an amount not to exceed $485,000 with

Housing Development Systems, Inc., to purchase software, equipment, installation,

customization and maintenance services for the implementation of a grant and loan

information management system; authorizing waiver of formal bidding for software and

equipment purchased under the contract; allocating up to $200,000 in previously

budgeted capital improvement funds; reallocating $200,000 in previously budgeted

mortgage revenue bond funds; and accepting a contribution of $100,000 from the

Redevelopment Agency under the cooperation agreement for this contract and related

costs

(2) An Agency Resolution authorizing a contribution of $100,000 in Low and Moderate

Income Housing Funds to the City under the cooperation agreement for the purchase of a

grant and loan information management system

This item was withdrawn at the request of Councilmember Brooks from

the December 21, 2004 City Council agenda and rescheduled to the

January 4, 2005 City Council agenda

The December 14, 2004 Finance and Management Committee approved

recommendations; 4 Ayes

Subject: City of Oakland's 9-1-1 system

From: Finance and Management Agency

Recommendation: Adopt a Resolution authorizing the City Administrator to negotiate

and execute contracts without return to Council to acquire necessary equipment and

services to upgrade the City of Oakland's 9-1-1 system customer premise equipment (

CPE) and related equipment; with: (A) five hundred seventy five thousand dollars ($575,

000) associated with a contract with Southern Bell Company (SBC) for equipment and

services and the waiving of competitive bidding; and (B) two hundred twenty thousand (

$220,000) in competitively bid contracts, for computer equipment, peripherals and

related equipment at the City of Oakland 9-1-1 Center; for a grand total amount not to

exceed seven hundred ninety five thousand dollars ($795,000); with all costs to be paid

from the State of California 9-1-1 Program

This item was withdrawn at the request of Councilmember Brooks from

the December 21, 2004 City Council agenda and rescheduled to the

January 4, 2005 City Council agenda

The December 14, 2004 Finance and Management Committee approved

recommendations; 4 Ayes

Subject: Block Grant Funds

From: Director of Housing and Community Development

Recommendation: Adopt a Resolution allocating an estimated award of $10,023,000 of

Community Development Block Grant Funds for Fiscal Year 2005-2006 between the

categories of housing, economic development, neighborhood programs and

administration and allocating an estimated $1,800,000 in program income to housing and

economic development activities

This item was withdrawn at the request of Councilmember Brooks from

the December 21, 2004 City Council agenda and rescheduled to the

January 4, 2005 City Council agenda

The December 14, 2004 Community and Economic Development

Committee directed Staff to prepare a Report for a future Committee

meeting that provides data regarding what other programs can use the

CEDA Vacancy Housing Program Funds, an analysis where funding is

Subject: Neighborhood Improvement Program

From: Community and Economic Development Agency

Recommendation: Adopt an Agency Resolution adopting the Neighborhood Projects

Initiative Program, re-appropriating $180,000 in Fiscal Year 2004-2005 for the program

from Coliseum Redevelopment Project Area Funds, and authorizing the Agency

Administrator to negotiate contracts for the program

Subject: Amendment to the Council Rules and Procedures

From: Councilmember Wan

Recommendation: Adopt a Resolution amending Rule 7 of the Council's Rules of

Procedure Resolution No. 78307 C.M.S. to require a motion and a second to (1) remove

an item from the City Council's Consent Item Calendar and place on the Non-Consent

Calender of the next Council meeting or (2) place on the agenda of the next Council

meeting any action item that was considered by a subject matter Committee, but was not

forwarded to Council and setting forth the Council's Rules of Procedure, as amended, in

their entirety

This item was withdrawn at the requests of Councilmembers Brooks,

Brunner and Nadel from the December 21, 2004 City Council agenda and

rescheduled to the January 4, 2005 City Council agenda

Subject: Community Policing Advisory Board Appointment

From: Councilmember Brooks

Recommendation: Adopt a Resolution appointing Sandra Frost as the District 6

representative to the Community Policing Advisory Board

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

*In the event a quorum of the City Council participates on this Committee, the meeting is

noticed as a Special Meeting of the City Council; however, no final City Council action

can be taken.