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Roll Call / ORA & Council

COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,

Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,

and President Ignacio De La Fuente, Dist. 5

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: Margaret Dixon

From: Councilmember Reid

Recommendation: Presentation of a Proclamation honoring Officer Margaret

Dixon for her years of service in dedication to Oakland's Youth

Subject: "BEAT HEALTH DAY"

From: Councilmember Reid

Recommendation: Adopt a Resolution recognizing the Oakland Police

Department Beat Health Unit and declaring December 17, 2003 as "BEAT

HEALTH DAY" in the City of Oakland

Subject: Plywood and Lumber Sales

From: Councilmember Nadel

Recommendation: Adopt a Resolution recognizing Plywood and Lumber Sales

for their commitment to the principles of the "Triple Bottom Line"

Subject: McClymonds Parent Academy

From: Vice Mayor Nadel

Recommendation: Adopt a Resolution recognizing the Contributions of the 7th

St. McClymonds Leadership and Engagement Initiative Parent Academy to the

City of Oakland

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: Dominick Baker - 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 Dominick Baker, et al. v. City of

Oakland, et al., United States District Court Case No. C 01-3942 MMC, our file

no. 21379, in the amount of $22,500.00 as a result of excess force (Oakland

Police Department)

Subject: John Davis - 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 John Davis v. City Of Oakland,

et al., United States District Court Case No. C 01-0888 CRB, our file no. 20514

, in the amount of $110,000.00 as a result of excess force (Oakland Police

Department)

Subject: Gilbert Edwards - 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 Gilbert Edwards, et al. v. City Of

Oakland, et al., United States District Court Case No. C01-3858 CRB, our file

no. 21394, in the amount of $35,000.00 as a result of excess force (Oakland

Police Department)

Subject: Leslie Jean Hardy - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the claim of Leslie Jean Hardy, in the

amount of five thousand three hundred seventy three dollars and ninety-eight

cents ($5,373.98), as a result of property damage sustained due to flooding

caused by failure of the City storm drain (Public Works Agency)

Subject: Bud Travers - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the claim of Bud Travers, in the amount of

twenty two thousand two hundred sixty dollars and no cents ($22,260.00), as a

result of property damage sustained due to flooding caused by failure of the

City sewer main (Public Works Agency)

Subject: Genevieve Powell - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

Attorney to compromise and settle the claim of Genevieve Powell, in the

amount of six thousand five hundred forty five dollars and three cents ($6,545.

03), as a result of property damage sustained from tree roots from City trees (

Office of Parks and Recreation)

Subject: Robert Thombs - Jack London Aquatic Center

From: President De La Fuente

Recommendation: Adopt a Resolution appointing Robert Thombs to the Board

of Directors of the Jack London Aquatic Center

Subject: Planning Commission Appeal - 1144 12th Street

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution denying, in part, the appeal and

affirming, in part, the Planning Commission approval of a Major Conditional

Use Permit and a Minor Variance (CMV03-207) for a clean and sober facility at

1144 12th Street, Oakland, such that there is a maximum of six (6) residents

Subject: Interim Controls For Signs Within Specified Zones

From: Community and Economic Development Agency

Recommendation: Approve the Final Passage (Second Reading) of an

Ordinance amending Ordinance No. 12461 C.M.S., to extend by six months,

the existing interim controls on the issuance of building, zoning, and other

permits for the construction of new business, civic and residential signs within

all commercial, industrial, S-1, S-2, S-3, S-15, and S-16 zones

Subject: Sale of a City Owned Surplus Property

From: Community and Economic Development agency

Recommendation: Approve the Final Passage (Second Reading) of an

Ordinance authorizing the City Manager to enter into a purchase and sales

agreement for the sale of a City owned surplus property (APN 045-5276-022-

02) from the negotiated sale conducted on October 24, 2003 to the highest

bidder, the Hothem Trust, in the amount of $170,000

Subject: Installation of Mural along 40th Street / Highway 24 Overpass

From: Councilmember Brunner

Recommendation: Adopt a Resolution from the Oakland City Council

supporting the installation of a mural along 40th Street at the Highway 24

overpass and assuming responsibility for its maintenance and upkeep

Revised Recommendations: The December 9, 2003 Public Works Committee approved

the Resolution, as amended, to include the language that the upkeep of the mural will

come from Redevelopment funds; 4 Ayes

Subject: Coliseum Transit Hub Streetscape Improvement Project

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution authorizing acceptance and

appropriation of an amount up to $303,188 in Transportation Funds for Clean

Air Regional Funds from the Bay Area Air Quality Management District for the

Coliseum Transit Hub Streetscape Project

Subject: San Antonio Park Renovation

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing award of a construction

contract to Bay Construction Company for the San Antonio Park renovation (

Project No. C196510) in the amount of six hundred forty-two thousand dollars (

$642,000) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS

ITEM REQUIRES A 2/3 VOTE)

Subject: Underground Utility District No. 234: 48th Street

From: Public Works Agency

Recommendation: Adopt a Resolution of Intention to establish Underground

Utility District No. 234: 48th Street, between Telegraph and Shattuck Avenues,

to be funded under California Public Utilities Commission (CPUC) Rule 20B;

and set a Public Hearing for January 20, 2004

Subject: Installation of Signs and Creation of a "No Parking/Tow Away Zone

From: Public Works Agency

Recommendation: Adopt a Resolution approving the Installation of Signs and

the creation of a "No Parking/Tow Away - Commercial Vehicles over 10,000

pounds or Unattached Trailers" Zone on 81st Avenue between Plymouth

Subject: Jack London On Street Parking Improvements

From: Public Works Agency

Recommendation: Adopt a Resolution approving installation of: 1) diagonal

parking one side of the street for eleven identified blocks, and 2) one and two-

hour parking zones on eighteen identified block fronts, in the Jack London

District, upon majority support from adjacent properties

Revised Recommendation: The December 9, 2003 Public Works Committee approved

the Resolution, and continued the portion of the staff report outlining the 8 proposals

presented in the Mixed-Use Parking Permit Program to the January 27, 2004 Public

Works Committee meeting; 4 Ayes.

Subject: Fleet Management System Software - Agreement

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing a professional services

agreement with Maximus Asset Solutions for purchase, installation,

configuration, training, licensing and support of software for a Fleet

Management System for an amount not to exceed $500,000

Subject: Central District Urban Renewal Plan

From: Community and Economic Development Agency

Recommendation: Adopt an Ordinance amending the Central District Urban

Renewal Plan to eliminate the time limit on establishing debt

Subject: Master Fee Schedule

From: Finance and Management Agency

Recommendation: Approve the following legislation:

(1) Approve the Introduction (First Reading) of an Ordinance amending

Ordinance Number 9336 C.M.S. (Master Fee Schedule), as amended, to

increase the fee collected on delinquent accounts; to increase the fee imposed

for the delivery of information relating to Business Tax Certificates; to add a fee

for the administration of Promissory Notes; to add a fee for the recordation of

a release of lien; and to include in the Master Fee Schedule the fees imposed

for administrative service charges relating to Business Tax Liens and Real

(2) Approve the Introduction (First Reading) of an Ordinance amending

Chapters 4.20 and 5.04 of the Oakland Municipal Code to remove the amount

of the Administrative Service charges imposed for Real Estate Transfer Tax

Liens, Business Tax Liens and for the issuance of duplicate Business Tax

Certificates

Subject: 51st Street and Coronado Avenue - Surplus Real Property

From: Community and Economic Development Agency

Recommendation: Adopt an Ordinance authorizing the City Manager to enter

into an offer to purchase agreement with John H. Jacobsen and Mara M.

Jacobsen the adjoining property owners for 1,500 square feet of surplus real

property located at 51st Street and Coronado Avenue for the fair market value

of $1,500

Subject: Master Parking Management Contract

From: Community and Economic Development Agency

Recommendation: Approve Recommendation regarding a motion directing

staff to issue a Request for Proposals for Master Parking Management

Contract for City, Parking Authority and Redevelopment Agency owned

garages

Subject: City Center Garage

From: Community and Economic Development Agency

Recommendation: Adopt the following legislation regarding the City Center

Garage:

1) Adopt an Agency Resolution authorizing the Agency Administrator to enter

into a First Amendment to the Third Amended and Restated Easement

Agreement regarding the existing vehicular ramp servicing the City Center

Garage which would: (1) Permit modification of the existing ramp or

replacement of the existing ramp with a new ramp; and (2) allow the modified

or newly constructed ramp to continue to have an entry and exit on 11th Street

in downtown Oakland, and

2) Adopt a Resolution authorizing the City Manager to enter into a First

Amendment to the Third Amended and Restated Easement Agreement

regarding the existing vehicular ramp servicing the City Center Garage which

would: (1) Permit modification of the existing ramp or replacement of the

existing ramp with a new ramp; and (2) allow the modified or newly constructed

ramp to continue to have an entry and exit on 11th Street in downtown Oakland

Subject: Summary Vacation of Sanitary Sewer Easement on Walker Avenue

From: Community and Economic Development Agency

Recommendation: Adopt an Ordinance summarily vacating a five-foot wide

sewer easement located on 711 Walker Avenue (APN 011-0836-018-00) and

717 Walker Avenue (APN 011-0836-017-00)

Subject: Native American Health Center

From: Department of Human Services

Recommendation: Adopt a Resolution authorizing the City Manager to accept

and appropriate a Substance Abuse and Mental Health Services Administration

(SAMHSA) grant in the amount of $5,999,538 over a six year period, Fiscal

Years 2003-2009, to provide child mental health services and to execute a

contract with the Native American Health Center to provide said services in an

amount of $932,885 for Fiscal Year 2003-2004 with five one-year options to

renew

Subject: Joint-Use School and Public Library

From: Oakland Public Library

Recommendation: Adopt a Resolution authorizing the City Manager, on behalf

of the City of Oakland, to enter into a lease agreement and joint use

cooperative agreement between the Oakland Public Library and the Oakland

Unified School District for the operation of a joint use school and public library

on the Woodland Elementary School Campus, located at 81st Avenue and

Rudsdale Street

Subject: Alameda Eastlake Feasibility Study and Project

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the City of Oakland to apply

for, accept and appropriate up to $552,000.00 in Fiscal Year 2003-2004

Measure B Bicycle and Pedestrian Discretionary Funds for (1) update of the

Oakland Bicycle Master Plan, including associated environmental

documentation; and (2) construction of the Eastlake Streetscape Project

Pedestrian elements from 8th to 10th Avenue

Subject: Radar Speed Trailers and Public Safety Brochures

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the City Manager to accept

and appropriate $81,500 in Fiscal Year 2004-2005 funding from the Office of

Traffic Safety (OTS) for six Radar Speed Trailers and Public Safety Brochures

and to negotiate and execute a purchase agreement with Ver-Mac, Inc. not to

exceed $66,000 for the radar speed trailers

Subject: Police Administration Building Seismic Retrofit

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing Amendment No. 6 to the

Agreement with the KPA Group for additional architectural and engineering

services for the Police Administration Building Seismic Retrofit Phase I Project

in an amount not to exceed $131,017 for a total contract amount not to exceed

$899,028

Subject: Sobriety Checkpoint Program

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager, on behalf

of the City of Oakland to accept and appropriate a grant in the amount of one

hundred seven thousand, five hundred and twenty-five dollars ($107,525) from

the State of California, Office of Traffic Safety, for a Sobriety Checkpoint

Program to be conducted by the Police Department

Subject: Paul Coverdell Forensic Science Program

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager on behalf

of the City of Oakland to accept and appropriate a grant in the amount of two

hundred thirty-nine thousand three hundred and fifty-four dollars ($239,354)

from the U.S. Department of Justice, National Institute of Justice, for the Paul

Coverdell National Forensic Science Improvement Act Program to be

conducted by the Police Department

Subject: Oakland Area Violent Drug Task Force

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the acceptance and

appropriation of Federal Funds from the United States Department of Justice,

Drug Enforcement Administration (DEA), in an amount not to exceed seventy

thousand five hundred seventy-eight dollars and seventy-five cents ($70,578.

75), for the overtime reimbursement costs of police personnel assigned to the

Oakland Area Violent Drug Task Force, for the period of April 1, 2003 through

September 30, 2004, to the Oakland Police Department

Subject: Pathways to Change

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager to enter

into a funding agreement between the City of Oakland and the East Bay

Community Foundation (Safe Passages) in an amount not to exceed two

hundred thousand dollars ($200,000) for the period of July 1, 2003 through

June 30, 2004 for services associated with the "Pathways to Change" Juvenile

Repeat Offender Program

Subject: After-Hour and Emergency Veterinary Medical Services

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing a professional services

agreement between the City of Oakland and VCA Bay Area Animal Hospital in

an amount not to exceed sixty-one thousand six hundred forty dollars ($61,640

) for the period of July 1, 2003 through June 30, 2005, to provide after-hour

and emergency veterinary medical services

Subject: McGuire Research Services, LLC

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing a professional services

agreement between the City of Oakland and McGuire Research Services, LLC,

in an amount not to exceed $50,000 to conduct a City-wide survey to

determine the nature of citizen interaction with police, for the purpose of

gathering statistics on citizens' experiences

Subject: National Medical Services

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing a professional services

agreement between the City of Oakland and National Medical Services, in an

amount not to exceed one hundred fifty-four thousand seven hundred dollars (

$154,700), for Blood and Urine Testing for the Period of July 1, 2003 through

June 30, 2005

Subject: High Rise Firefighting Equipment And Training

From: Oakland Fire Department

Recommendation: Adopt a Resolution authorizing the City Manager to accept

and appropriate a grant for sixty four thousand five hundred and fifty four

dollars ($64,554) from the Federal Emergency Management Agency (FEMA),

United States Fire Administration (USFA), to the Oakland Fire Department, for

high rise firefighting equipment and training

Subject: CORE Program Funding

From: Oakland Fire Department

Recommendation: Adopt a Resolution to accept and appropriate seven

thousand five hundred ten dollars and nine cents ($7,510.09) for the period

December 4, 2002 to December 5, 2003 from the Federal Emergency

Management Agency (FEMA) and the State of California Go SERV Grant for

Community Emergency Response Team (CERT) Enhancement, awarded and

administered by Alameda County Sheriffs Department Operational Area to the

Oakland Fire Department Office of Emergency Services (OES) for the City of

Oakland's Citizens of Oakland Respond to Emergencies (CORE) Program

Subject: Alameda County Operational Area Oil Spill Response Plan

From: Oakland Fire Department

Recommendation: Adopt a Resolution to accept and appropriate eighteen

thousand five hundred dollars ($18,500), for Fiscal Year December 4, 2002 to

December 5, 2003 Federal Emergency Management Agency (FEMA)

Supplemental Emergency Operations Planning Grant awarded and

administered by Alameda County Sheriffs Department, Operational Area to the

Oakland Fire Department Office of Emergency Services (OES) for

development of a terrorism annex, and review and update of the Alameda

County Operational Area Oil Spill Response Plan

Subject: Bricker-Mincolla Uniforms

From: Oakland Fire Department

Recommendation: Adopt a Resolution authorizing the City Manager to waive

formal advertising and competitive bidding and enter into a contract with

Bricker-Mincolla Uniforms for provision of firefighter trousers and coats in an

amount not to exceed one hundred and thirty thousand dollars ($130,000) for

the period March 1, 2004 through March 1, 2007 and authorizing the City

Manager to extend said contract for two additional years, one year at a time,

until March 1, 2009, for an additional annual expenditure not to exceed forty

three thousand three hundred thirty three dollars ($43,333)

14. Consideration of items with statutory Public Hearing Requirements:

Subject: Delinquent Real Property Transfer Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct a Public Hearing regarding the assessment of liens

for Delinquent Real Property Transfer Taxes and upon conclusion adopt one of

the following Resolutions:

1) Adopt a Resolution accepting and confirming reports of the Interim City

Manager on the costs incurred by the City of Oakland for delinquent real

property transfer taxes, and confirming the recordation of liens, administrative

charges, and assessment charges, as necessary, pursuant to Chapter 4.20 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

78263 CMS.pdf,

Item 14.1.pdf

2) Adopt a Resolution overruling protests and objections, and accepting and

confirming reports of the Interim City Manager on the costs incurred by the City

of Oakland for delinquent real property transfer taxes, and authorizing the

recordation of liens, administrative charges as necessary - pursuant to Chapter

4.20 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

3) Adopt a Resolution continuing hearing on reports of the Interim City

Manager on the delinquent real property transfer taxes and confirming the

recordation of liens, admininstrative charges, and assessment charges as

necessary pursuant to Chapter 4.20 of the Oakland Municipal Code, and

directing the notice of lien and assessment charges to be turned over to the

Alameda County Tax Collector for collection

Subject: Delinquent Mandatory Garbage Fees - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct a Public Hearing regarding Delinquent Mandatory

Garbage Fees for July - September 2003, quarterly accounts and April - June

2003 monthly accounts and upon conclusion adopt one of the following

Resolutions:

1) Adopt a Resolution accepting and confirming reports of the Interim City

Manager on the costs incurred by the City of Oakland for delinquent garbage

service fees, and confirming the recordation of liens, 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 to be turned over to the County Tax Collector for collection; or

78264 CMS.pdf,

Item 14.2.pdf

2) Adopt a Resolution overruling protests and objections, and accepting and

confirming reports of the Interim City Manager on the costs incurred by the City

of Oakland for delinquent garbage service fees, and authorizing the

recordation of liens, administrative charges, as necessary, pursuant to Chapter

8.28 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

3) Adopt a Resolution continuing hearing on reports of the Interim City

Manager on the delinquent garbage service fees, and confirming the

recordation of liens, 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 to be turned over to the

Alameda County Tax Collector for collection

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) Adopt a Resolution accepting and confirming reports of the Interim City

Manager on the costs incurred by the City of Oakland for Delinquent Transient

Occupancy Taxes and confirming the recordation of liens, administrative

charges, and assessment charges as necessary pursuant to Title 4, Chapter

4.24 of the Oakland Municipal Code, and directing the notice of lien and

assessment charges to be turned over to the County for collection; or

2) Adopt a Resolution overruling protests and accepting and confirming

reports of the Interim City Manager on the Delinquent Transient Occupancy

Taxes and confirming the recordation of liens, administrative charges and

assessment charges as necessary pursuant to Title 4, Chapter 4.24 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

3) Adopt a Resolution continuing hearing on reports of the Interim City

Manager on the Delinquent Transient Occupancy Taxes and confirming the

recordation of liens, administrative charges and assessment charges as

necessary pursuant to Title 4, Chapter 4.24 of the Oakland Municipal Code

Subject: Check Cashing Facilities - Public Hearing

From: President De La Fuente

Recommendation: Conduct a Public Hearing and upon conclusion adopt an

Emergency Ordinance pursuant to Charter Section 213, establishing Interim

Controls for check cashiers and/or check cashing businesses within all zoning

districts where consultative and financial services are either allowed by right or

conditionally permitted (which includes Commercial Zones C-5, C-10, C-20, C-

25, C-27, C-30, C-31, C-40, C-45, C-51, C-55, and C-60, all Industrial Zones,

Special Zones S-1, S-2, S-3, S-16, and S-19), and suspending conflicting

provisions, to take effect immediately upon introduction and adoption

PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS

ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING

6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED.

Subject: Community Development Block Grant Programs - Public Hearing

From: Community and Economic Development Agency

Recommendation: Conduct a Public Hearing and upon conclusion adopt a

Resolution allocating an estimated award of $10,106,000 of Community

Development Block Grant Funds for Fiscal Year 2004-2005 between the

categories of Housing, Economic Development, Neighborhood Programs and

Administration; allocating an estimated $1,800,000 in program income to

Housing and Economic Development Activities (TITLE CHANGE)

Revised Recommendation: The December 9, 2003 Community and Economic

Development Committee approved the Resolution as amend to exclude setting aside $

300,000 for Violence Prevention Services. 3 Ayes; 1 Absent, Reid

Subject: Lakeshore/Lake Park Business Improvement Management District

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 Years 2003-2004

Subject: Off-Site Real Time Closed Captioning Stenography Services

From: Office of the City Clerk

Recommendation: Adopt a Resolution authorizing the City Manager to execute

a professional services contract with Rapidtext for off-site real time closed

captioning stenography services for the Concurrent Redevelopment Agency/

Oakland City Council and Committee meetings in an amount not to exceed

ninety thousand dollars ($90,000) per year for the period from January 1, 2004

through June 30, 2005 and authorizing the City Manager to execute a two year

extension of the contract for an additional amount not to exceed ninety

thousand dollars ($90,000) per year

Revised Recommendation: The December 9, 2003 Finance and Management

Committee approved the recommendation and directed Staff to prepare a supplemental

report requesting clarification regarding personnel, wages or contract amount, service

level, rate comparison, and annual projected cost; 2 Ayes, 1 No - De La Fuente, 1

Abstain - Brunner

Subject: Wildcat Canyon Ranch Youth Program

From: Office of Parks and Recreation

Recommendation: Adopt a Resolution modifying the license and master

concession agreement between the City and Wildcat Canyon Ranch Youth

Program to increase horse boarding fees and to extend the term through June

30, 2004 (TITLE CHANGE)

Revised Recommendation: The October 28, 2003 Life Enrichment Committee approved

staff recommendation to increase the designated fees, and amend the contract

extension to the end of the City Fiscal Year 2003/2004 and the school year, but did not

approve the direction for a Request for Proposals, and forwarded this item to the City

Council for further discussion; 4 Ayes

This item was withdrawn and rescheduled from the December 2, 2003 City Council

agenda.

Subject: Interim Controls for Signs

From: Office of the City Attorney

Recommendation: Adopt an Emergency Ordinance, pursuant to Charter

Section 213, establishing interim controls for conditional use permits and

variance and related findings for signs and suspending conflicting provisions,

to take effect immediately upon Introduction and Adoption

PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS

ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING

6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED.

The November 20, 2003 Rules and Legislation Committee scheduled this item directly

to City Council as a Non-Consent Item due to its time sensitive nature.

Subject: Temporary Youth Homeless Shelter - 925 Brockhurst St.

From: Vice Mayor Nadel

Recommendation: Adopt an Emergency Ordinance pursuant to Charter

Section 213, declaring a shelter crisis and suspending planning, zoning and

other permit requirements for the temporary establishment of a youth shelter

for the homeless at 925 Brockhurst Street to take effect immediately upon

introduction and adoption

PURSUANT TO CITY CHARTER SECTION 213 (EMERGENCY ORDINANCE), THIS

ITEM MAY BE INTRODUCED AND ADOPTED AT THE SAME MEETING, REQUIRING

6 VOTES, UPON PASSAGE ORDINANCE WILL BE DEEMED APPROVED.

The November 20, 2003 Rules and Legislation Committee scheduled this item directly

to City Council as a Non-Consent Item due to its time sensitive nature.

Subject: Discrimination Based on Sexual Orientation

From: Vice Mayor Nadel; Councilmembers Wan and Quan

Recommendation: Approve the Introduction (First Reading) of an Ordinance

updating language in the City of Oakland's Municipal Code Chapter 9.44

discrimination based on sexual orientation and amending Section 9.44.010

definitions to include discrimination based on gender identity or expression (

TITLE CHANGE)

The October 14, 2003 Finance and Management Committee approved

recommendations: 4 Ayes, and requested that the City Attorney's Office provide an

opinion on the City's ability to mandate anti-discrimination policies to local business and

whether that would conflict with state or federal law.

Final Passage (Second Reading) has been scheduled for January 6, 2004.

Subject: Removal / Installation of Parking Meters

From: Public Works Agency

Recommendation: Approve the Final Passage (Second Reading) of an

Ordinance approving the removal and installation of parking meters in the Jack

London District on portions of: Clay Street, Webster Street, Washington Street,

Martin Luther King, Jr. Way, Third Street, and Fourth Street

The December 4, 2003 Rules and Legislation Committee scheduled this item directly to

City Council as a Non-Consent Item due to its time-sensitive nature.

Final Passage (Second Reading) has been scheduled for January 6, 2004.

Subject: Oakland School for Arts

From: Financial Services Agency

Recommendation: Adopt a Resolution approving the issuance and sale of

Certificates of Participation to finance a qualified Zone Academy Program and

approving related documents and actions for the Oakland School of the Arts.

Subject: Planning Commission Appeal - 160 14th Street

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution denying the appeal of the Planning

Commission approval application for Affordable Housing Associates to build an

eight story building to contain ground floor commercial space, a "Service

Enriched" housing facility, and 76 affordable housing units located at 160 14th

Street, Council District 3; Appellant: Islamic Cultural Center; Planning

Commission Vote: 7 Ayes, 0 Noes

At the November 18, 2003 City Council meeting, the Council approved the Conditional

Use Permit and Variance, and directed staff to return with design review

recommendations on December 16, 2003.

Subject: Ronald H. Cowan Parkway and Oakland Foreign Trade Zone

From: Councilmember Reid

Recommendation: Adopt a Resolution authorizing the City of Oakland to obtain

signs for Ronald H. Cowan Parkway and Oakland Foreign Trade Zone, to be

installed along the Interstate 880 freeway

Revised Recommendation: The December 9, 2003 Public Works Committee approved

the Resolution, as amended, to include an additional Whereas clause that staff is to

perform the routine procedures involved for street renaming, and directed staff to

prepare a Supplemental report that clarifies the location and the cost associated with

this structural renaming; 4 Ayes

Subject: Salary Plan Recommendations

From: Office of the City Manager

Recommendation: A continued discussion of a report and recommendations

regarding the preliminary salary plan recommendations for executive,

management and unrepresented classifications

Revised Recommendation: The December 9, 2003 Finance and Management

Committee approved recommendations and requested a Supplemental report that

compares executive management salaries to the salaries of staff just below the

executive level showing the numeric and percentage variance; 4 Ayes

Subject: Oakland Small Business Growth Center

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution amending Resolution Number 77823 C.

M.S. to increase the amount of the contract with the Oakland Small Business

Growth Center by $60,000 from the Neighborhood Commercial Revitalization

Project Development Third Party Grant Fund for a total contract amount of $

175,000 during Fiscal Year 2003-2004 to cover operational costs through the

remainder of the 2003-2004 Fiscal Year

Revised Recommendation:The December 9, 2003 Finance and Management

Committee approved recommendations and directed staff to prepare a report

responding to issues raised in the Gibson CDBG Evaluation Report for submission prior

Subject: Oakland Army Base Temporary Winter Shelter

From: Department of Human Services

Recommendation: Adopt a Resolution authorizing the reprogramming of $64,

286 of available balances from Fiscal Year 2002-2003 Emergency Housing,

Community Promotions Program for Service Organizations, and Winter Relief

Program Funds to (1) the Alameda County-Wide Continuum of Care Council ($

18,000); (2) the City Of Oakland Continuum of Care ($27,286), and (3)

Operation Dignity ($19,000) for the 2003-2004 Oakland Army Base Temporary

Winter Shelter

Subject: Inclusionary Zoning Study

From: Community and Economic Development Agency

Recommendation: Action on a report and consideration of a motion regarding

Inclusionary Zoning Programs in California Jurisdictions (TITLE CHANGE)

Revised Recommendation: The Community and Economic Development Committee

approved staff recommendations and forwarded the report to the City Council with

direction that (1) the City encourage developers to voluntarily adopt inclusionary zoning

by offering incentives (2) staff and City Council to work with the business community to

come up with proposals at the regional and state level, (3) work with ABAG for all cities

to go forward with inclusionary zoning 3 Ayes, 1 Absent - Chang

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