City of Oakland Legistar System

DEFINITION OF TERMS:

CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full

Council with unanimous recommendation for approval and is not controversial, and does not have

a high level of public interest as determined by the Rules Committee.

NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full

Council without unanimous recommendation for approval, or having a high level of public

interest, or is controversial as determined by the Rules Committee.

ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring

official vote and approval of the City Council to be effective.

INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that

does not require or permit Council action.

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

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: Public Works Week

From: Councilmember Nadel

Recommendation: Adopt a Resolution celebrating the week of May 16th through 22nd as

Public Works Week in 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: Joseph Tuman and Kristen Weisser - 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 State Farm Insurance as subrogee of Joseph Tuman

and Kristen Weisser in the amount of fourteen thousand three hundred seventy four

dollars and no cents ($14,374.00) as a result of a sewer trench failure that caused a tree to

fall onto insured's property (Public Works Agency)

Subject: William Welch - 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 William Welch, et al. v. City of Oakland, et al.,

Superior Court, County of Alameda, case no. RG03-089823, in the amount of $100,000.

00 as a result of a trip and fall accident on Tunnel Road between Charing Cross Road

and Hiller Drive, Oakland, on May 26, 2002 (Public Works Agency)

Subject: Brian Johnson - 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 Brian Johnson v. City of Oakland, et al., United States

District Court Case No. C03-3165 JL, our file no. 23063, in the amount of $70,000.00.

This case involves claims of violations of civil rights against Oakland Police Officers. (

Oakland Police Department - Police Conduct)

Subject: Arthur Jenkins - 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 Arthur Jenkins v. City of Oakland et al., United States

District Court Case No. C 03-0151 SI, our file no. 22349, in the amount of $19,000.00.

This case involves claims of false arrest and excess force against Oakland Police Officers

(Oakland Police Department)

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: Landmark Designation - Victorian Legal Center

From: Community and Economic Development Agency

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

designating the Victorian Legal Center - Law Offices of Warren B. Wilson (historic

name: Mason-Elsey-Wilson House) at 653 11th Street as a landmark pursuant to Section

17.102.030 of the Oakland Planning Code (Councilmember Nadel, District 3)

Subject: Landmark Designation - Samm/Dalton/Cooper Mansion

and Cooper Brothers Grocery Store

From: Community and Economic Development Agency

Recommendation: Approve the Final Passage (Seocnd Reading) of an Ordinance

designating the Samm/Dalton/Cooper Mansion and Cooper Brothers Grocery Store (

historic name: Samm (Jacob) /Dalton (Henry) /Cooper (Freddie) House and Corner Store

) at 1454 8th Street (the house) and 1450 8th Street (the store) as a landmark pursuant to

Section 17.102.030 of the Oakland Planning Code (Councilmember Nadel, District 3)

Subject: Public Employees' Retirement System Contract Amendment

From: Office of the City Manager

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

Council of the City of Oakland authorizing an amendment to the contract between the

City of Oakland and the Board of Administration of the California Public Employees'

Retirement Systems (PERS) that authorizes (1) 2.7% at age 55 retirement benefits for all

City Officers and civilian (Non-Sworn) employees who are members of PERS; and (2) 3.

0% at age 50 retirement benefits for employeees who are members of the International

Association of Firefighters, Local 55

Subject: Alameda Countywide Clean Water Program

From: Public Works Agency

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

Agreement with the Alameda Countywide Clean Water Program to change voting

allocations and contracting authorization to implement the Alameda Countywide Clean

Water Program

Subject: Garfield Park Field Repair Project

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the City Manager to award a

construction contract to American Civil Constructors, Inc., for the Garfield Park Field

Repair (Project No. C196610) in the amount of one hundred sixty two thousand four

hundred and twenty seven dollars ($162,427) (PURSUANT TO SECTION 902-E OF

THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)

Subject: Main Library Children's Room Renovation Project

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the City Manager to reject all bids for

the Main Library Children's Room Renovation Project, to negotiate a contract, and to

award a construction contract within budget in an amount not to exceed $270,000 (

PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES

A 2/3 VOTE)

REVISED RECOMMENDATION: The May 11, 2004 Public Works

Committee approved the Resolution as amended to include language that

the City Manager will ensure that the contract negotiation is completed in

three weeks and that the contract will not return to Council for award; 4

Subject: 2004 Mayor's Summer Jobs Program

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution authorizing a contract not to exceed $40,000 with

the Oakland Private Industry Council, Inc. to coordinate the 2004 Mayor's Summer Jobs

Program

Subject: Construction Monitoring Services

From: Community and Economic Development Agency

Recommendation: Adopt an Agency Resolution authorizing increases in contracts to

provide construction monitoring services for affordable housing projects with Advanced

Resources in Construction Services Ltd. in an amount not to exceed $38,420 and Don

Todd Associates in an amount not to exceed $38,420 from reallocated funds

Subject: Broadway/MacArthur/San Pablo Redevelopment Project Area

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution authorizing a one year extension of the Project

Area Committee for the Broadway/MacArthur/San Pablo Redevelopment Project to July

25, 2005

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of legislation related to the Temescal/

Telegraph Avenue Property Business Improvement District:

1) A Resolution of Intention to form the Temescal/Telegraph Avenue Property Business

Improvement District, granting preliminary approval of the Management Plan, directing

filing of the proposed Assessment District Boundary Description, submitting a proposed

assessment to the affected property owners for majority protest procedure approval; and

scheduling a public hearing for July 20, 2004; and

2) A Resolution authorizing the City Manager to execute the ballot for one City-owned

property on which assessments are to be levied (APN 014-1219-003-00 - the Temescal

Library) to support the formation of the Temescal/Telegraph Avenue Property Business

Improvement District of 2005; and

Subject: Child Development Services Grants

From: Department of Human Services

Recommendation: Adopt a Resolution authorizing the City Manager to apply for, accept,

and appropriate Head Start Basic, Training and Technical Assistance, Quality

Improvement, Cost of Living Allowance (COLA), and Early Head Start Grants for

Program Year 2004-2005 from the U.S. Department of Health and Human Services, in

the estimated amount of $14,446,279, and authorizing the City to contract with the Unity

Council in an estimated amount of $4,048,006 to provide child development services

under said grants

The May 11, 2004 Life Enrichment Committee approved recommendations

and directed staff to prepare a supplemental report delineating the

budgeted funds for Unity Council and the City; 3 Ayes, 1 Absent - Wan

Subject: City's Head Start Advisory Panel

From: Department of Human Services

Recommendation: Adopt a Resolution extending the duration of the Head Start Advisory

Panel and confirming the appointment of two new members to fill current vacancies

Subject: Alcohol Control Enforcement Project

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager to accept and

appropriate grant funds in an amount not to exceed one hundred thousand dollars ($100,

000) from the State of California, Department of Alcoholic Beverage Control, for a one-

year Alcohol Control Enforcement Project within the Police Department and authorizing

the Department to enter into a contract for services with the State of California for

implementation of this initiative

Subject: Project Safe Neighborhoods Grant Funds

From: Oakland Police Department

Recommendation: Adopt a Resolution authorizing the City Manager to accept and

appropriate grant funds in an amount not to exceed one hundred forty thousand dollars ($

140,000) 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 Homicide Task Force Program and the

Drug Education for Youth Program within the Police Department

Subject: Urban Search and Rescue Team

From: Oakland Fire Department

Recommendation: Adopt a Resolution authorizing the City Manager to apply for, accept,

and appropriate a grant from the Federal Emergency Management Agency (FEMA),

Department of Homeland Security for the period September 10, 2003 to February 9,

2005 in the amount of one million one hundred thousand dollars ($1,100,000) to meet

the continued expenses of the Fire Department's Urban Search and Rescue (USAR)

Team as they equip and train to respond to natural disasters and/or weapons of mass

destruction (WMD) incidents; and authorizing the City Manager to competitively bid and

award contracts for the purchase of trucks, trailers and forklifts as required by FEMA,

without return to Council up to a total amount not to exceed four hundred thousand

dollars ($400,000)

Subject: West Oakland Weed and Seed Initiative

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 an amount not to exceed two

hundred twenty-five thousand dollars ($225,000) from the U.S. Department of Justice (

USDOJ), Office of Justice Programs, Executive Office of Weed and Seed for the

continued program implementation of the West Oakland Weed and Seed Initiative and

authorizing a funding agreement in an amount not to exceed twenty-five thousand dollars

($25,000) with the Oakland Police Activities League for truancy and mentoring services

associated with the program

Subject: Destruction of Records

From: Office of the City Clerk/Office of Parks and Recreation

Recommendation: Adopt a Resolution authorizing the destruction of certain records in

the care and custody of the Office of Parks and Recreation (OPR)

04-0297.pdf,

04-0291.pdf,

Item 7 RLC 5-13-04.pdf,

Item 10.24CC SUPP 5-18-04.pdf,

78558 CMS.pdf

An oral report from the Agency Counsel / City Attorney of final decisions made during

Closed Session

A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 to the

Sunshine Ordinance

COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL

THEREAFTER:

Reconsideration of Ordinances pursuant to Charter Section 216

14. Consideration of items with statutory Public Hearing Requirements:

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

authorizing the City Manager to prepare and submit the Consolidated Plan Annual

Action Plan for Housing and Community Development for Fiscal Year 2004-2005 to the

U.S. Department of Housing and Urban Development; accepting and appropriating funds

totalling $17,641,406 for the Community Development Block Grant, Home Investment

Partnership, Emergency Shelter Grant and Housing Opportunities for Persons With Aids

programs; and, authorizing the City Manager to negotiate and execute agreements with

contractors/subrecipients for Fiscal Year 2004-2005 for the Community Development

Block Grant and Housing Opportunities for Persons with Aids programs (Vice Mayor

Chang, City-wide)

04-0174.pdf,

Item 4 4-27-04.pdf,

Item 9 5-11-04.pdf,

Item 14.1 5-18-04.pdf,

Item 9 SUPP CED 5-11-04.pdf,

Item 14.1-2 Revised Resolution.pdf

2) Resolution to amend Resolution Number 76276 C.M.S. to change the Community

Development Block Grant (CDBG) proposal funding process so that Community

Development (CD) District Boards will review proposals and make funding

recommendations only for programs funded with CDBG District Allocations; and 2)

limit the total amount of funding for district allocations to the amount of CDBG funds

unallocated after the annual City Council budget review (TITLE CHANGE)

REVISED RECOMMENDATION: The Community and Economic

Development Committee approved the Resolutions and directed staff to

incorporate the following recommendations to the funding process: 1)

Community District (CD) Boards will be asked only to make

recommendations on district programs next year; 2) the Request for

Proposals (RFP) will be issued only for funding that is not already

allocated after the mid-cycle budget; 3) before the next RFP is issued in the

fall, staff will return with recommendations that the CD Boards will be

asked to make recommendations during the annual CDBG process and

develop a process for CD Board input to Citywide funding during the

budget cycle; 4) provide an in-depth evaluation of the economic

development programs funded by CDBG as part of the budget process; 5)

provide a status report on the recommendations put forward in all of the

CDBG evaluations; 6) include examples of other cities' CDBG process; 4

Ayes

This item will be noticed on the June 1, 2004 City Council agenda at which

time Council will take action on the Revised Recommendation.

Subject: Planning Commission Appeal-VMD04-401 - Public Hearing

From: Community and Economic Development Agency

Recommendation: Conduct a Public Hearing and adopt a Resolution denying the appeal

and sustaining the decision of the City Planning Commission in approving construction

of a new single-family residence located on a vacant lot adjacent to 3601 Lakeshore

Avenue (Case File Number VMD03-401)(Councilmember Wan, District 2)

Subject: California Waste Solutions - Northern Half of the City

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the City Manager to enter into an

agreement with California Waste Solutions to provide weekly single stream residential

recycling collection and processing services in the northern half of the City from January

1, 2005 through December 31, 2012 in an initial amount of approximately $2,575,000

per year

Subject: Waste Management of Alameda County - Southern Half of the City

From: Public Works Agency

Recommendation: A Report with Recommendations for approval of the Fifth

Amendment to the Franchise Agreement for solid waste and yard waste collection and

disposal services with Waste Management of Alameda County and authorizing weekly

single stream residential recycling collection and processing services in the southern half

of the City ($926,000); and weekly yard waste and residential food scraps recycling

throughout the City from January 1, 2005 through December 31, 2012 in an initial

amount of approximately $2,031,000 per year (TITLE CHANGE TO DELETE

RESOLUTION PREVIOUSLY NOTICED AS ITEM 15.1)

Pursuant to Section 2.20.070 E (2) of the Sunshine Ordinance an urgency

finding was made at the May 13, 2004 Rules and Legislation Committee to

place this item on the agenda for the following reasons: 1) The matter came

to the attention of the legislative body after posting of the 10-day agenda;

and 2) is required to avoid a substantial adverse impact that would occur

if the action were deferred to a subsequent special or regular meeting.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: Residential Food Scraps Recycling Program

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the City Manager to enter into an

agreement with the Alameda County Waste Management Authority for $761,000 in

funding to purchase containers for the Residential Food Scraps Recycling Program and

development of public education materials

Subject: Solid Waste Collection and Disposal Rates

From: Public Works Agency

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

Ordinance No. 11820 C.M.S. increasing rates charged for solid waste collection and

disposal for multi-family and single-family ratepayers, increasing City fees paid by

Waste Management of Alameda County to the City of Oakland and authorizing the Fifth

Amendment to the Franchise Agreement for solid waste and yard waste collection and

disposal services to include weekly single stream residential recycling and processing

services in the southern half of the City ($926,000), and City-wide weekly yard waste

collection and residential food scraps recycling in an initial amount of approximately $2,

031,000 per year (TITLE CHANGE INCORPORATING PROVISIONS OF THE

RESOLUTION PREVIOUSLY NOTICED AS ITEM 15.1 AND DELETED HEREON)

Final Passage (Second Reading) has been scheduled for the June 1, 2004

City Council agenda.

Pursuant to Section 2.20.070 E (2) of the Sunshine Ordinance an urgency

finding was made at the May 13, 2004 Rules and Legislation Committee to

place this item on the agenda for the following reasons: 1) The matter came

to the attention of the legislative body after posting of the 10-day agenda;

and 2) is required to avoid a substantial adverse impact that would occur

if the action were deferred to a subsequent special or regular meeting.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: 2002-2003 Comprehensive Annual Financial Report

From: Finance and Management Agency

Recommendation: Receive the Fiscal Year 2002-2003 Comprehensive Annual Financial

Informational Report and Oakland Redevelopment Agency Financials

REVISED RECOMMENDATION: The April 27, 2004 Finance and

Management Committee directed staff to prepare a supplemental report

that provides a list of women owned businesses; indicates how the City's

percent of State revenue compares to other cities; provides information on

Workers Compensation liability payouts and general liability; addresses

the 9.9% reserve; provides more data on the $10 million contribution,

addresses the City's ability to report on the number of affordable housing

units produced; address the negative fund balances for special funds and

how they effect the City's financial disposition; and how deficits are

treated; 4 Ayes

Subject: Thomas Limon - Budget Advisory Committee

From: Council President De La Fuente

Recommendation: Adopt a Resolution appointing Thomas Limon as a member of the

Budget Advisory Committee

Subject: Amendment to the Salary Schedule

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 increase

the pay of certain miscellaneous job classifications pursuant to the Service Employees

International Union Local 790, Part-Time Memorandum of Understanding

This item was scheduled to the City Council agenda by the May 6, 2004

Rules and Legislation Committee as a subsequent action to the

Memorandum of Understanding approved at the May 4, 2004 City Council

Meeting.

Subject: Prohibition of Fireworks in the City of Oakland

From: President De La Fuente

Recommendation: Adopt an Emergency Ordinance repealing Chapter 8.06.010 of the

Oakland Municipal Code which prohibits the firing and explosion of fireworks and other

pyrotechnical devices and adding Chapter 8.06.030 prohibiting the sale, transfer,

possession and use of fireworks within City limits

(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)

Pursuant to Section 2.20.070 E (2) of the Sunshine Ordinance an urgency

finding was made at the May 13, 2004 Rules and Legislation Committee to

place this item on the agenda for the following reasons: 1) The matter came

to the attention of the legislative body after posting of the 10-day agenda;

and 2) is required to avoid a substantial adverse impact that would occur

if the action were deferred to a subsequent special or regular meeting.

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: Vanguard Construction - West Oakland Bay Trail

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing award of a contract to Vanguard

Construction for the construction of West Oakland Bay Trail (Project Number G134010)

in the amount of four hundred seventy-nine thousand one hundred twenty-four dollars

and forty-four cents ($479,124.44)(PURSUANT TO SECTION 902-E OF THE CITY

CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)

The May 11, 2004 Community and Economic Development Committee

approved recommendations; 4 Ayes

Final Passage (Second Reading) has been scheduled for the June 1, 2004

City Council meeting.

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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.