City of Oakland Legistar System

DEFINITION OF TERMS:

Consent Item: any action item that a subject matter Committee has forwarded to the full Council

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

level of public interest as determined by the Rules Committee.

Non-Consent Item: any action that a subject-matter Committee has forwarded to the full Council

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

controversial as determined by the Rules Committee.

Action Item: any resolution, ordinance, public hearing, motion, or recommendation requiring

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

Informational Item: an item of the agenda consisting only of an informational report that does

not require or permit Council action.

Pledge of Allegiance

Roll Call / ORA & Council

COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Patricia Kernighan Dist. 2; 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

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: Fukuoka-Oakland Friendship Association

From: Councilmember Quan

Recommendation: Adopt A Resolution Supporting the Fukuoka-Oakland Friendship

Association

Subject: Marianna A. Marysheva - Recognition

From: Council President De Le Fuente

Recommendation: Adopt A Resolution Honoring Marianna A. Marysheva For Her

Distinguished Service To The City Of Oakland

Subject: Bill Peterson - Recognition

From: Vice Mayor Brunner

Recommendation: Adopt A Resolution Recognizing Bill Peterson For His Years Of

Service To The Community

Subject: Oakland Museum Women's Board 50th Anniversary

From: Councilmember Nadel

Recommendation: Adopt A Resolution In Recognition Of Oakland Museum Women's

Board 50th Anniversary

Subject: League Of California Cities Award

From: Office Of The City Attorney

Recommendation: A Presentation Of The 2005 League Of California Cities Helen

Putnam Award Of Excellence Grand Prize Winner To The Office Of The City Attorney

Neighborhood Law Corps Program

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: Monterey Mechanical Co. - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Case Of Monterey Mechanical Co., Et Al. v. City Of

Oakland, Et Al., Alameda County Superior Court Case No. RG03103744 In The Amount

Of $25,000 (Public Works Agency)

Subject: Ramona Ford - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Case Of Ramona Ford, Et Al. v. City Of Oakland, Et

Al., United States District Court, Northern District Of California Case No.

C-03-3304-MJJ, In The Amount Of $83,750.00 As A Result Of Shooting On January 20,

2003 (Oakland Police Department - Excessive Force)

Subject: Natalia Musihin - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Case Of Natalia Musihin V. City Of Oakland, Et Al.,

Superior Court, County Of Alameda, Case No. RG03116645, In The Amount Of

$30,000.00 As A Result Of Trip And Fall Accident On College Avenue, On June 5, 2002

(Public Works Agency- Trip And Fall)

Subject: Deborah Carney And Aaliyah Carney - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Case Of Deborah Carney And Aaliyah Carney v. City

Of Oakland, Et Al., Superior Court, County Of Alameda, Case No. RG04184732, In The

Amount Of $22,500.00 As A Result Of An Automobile Collision Accident In The

Vicinity Of MacArthur Boulevard And Enos Avenue, Oakland, On February 18, 2004

(Public Works Agency - Automobile Accident)

Subject: Patricia Hill - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Case Of Patricia Hill v. City Of Oakland, Alameda

County Superior Court Case No. RG03090159 In The Amount Of $16,000.00 (Public

Works Agency)

Subject: Richard Blakey - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Claim Of Richard Blakely, In The Amount Of $17,500,

As A Result Of Bodily Injury Sustained In A Bicycle Accident On September 01, 2004

(Public Works Agency)

Subject: Second Hand Smoke Policy

From: President De La Fuente

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

Amending Oakland Municipal Code, Title 8, Chapter 8.30, Smoking, To Define The

Smoke-Free Area Required Outside Work Buildings As 25 Feet From Any Entrance,

Exit, Window And Air Intake Vent Of Buildings That Serve As Places Of Employment

Subject: Montclair Business Improvement District

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For

Fiscal Year 2006-2007 For The Montclair Business Improvement District, Approving

The Annual Report Of The Montclair Business Improvement District Advisory Board

And Scheduling A Public Hearing For November 15, 2005

Subject: Rockridge Business Improvement District

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Of Intention To Levy An Annual Assessment For

Fiscal Year 2006-2007 For The Rockridge Business Improvement District, Approving

The Annual Report Of The Rockridge Business Improvement District Advisory Board

And Scheduling A Public Hearing For November 15, 2005

Subject: Andes Construction - Sanitary Sewers

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Andes

Construction, Inc. For The Rehabilitation Of Sanitary Sewers In The Area Bounded By

MacArthur Boulevard, 73rd Avenue, Sunkist Avenue And 75th Avenue - Sub-basin

84-105 (Project No. C158010) For The Amount Of One Million Four Hundred Seven

Thousand Two Hundred Eight Dollars ($1,407,208.00)

Subject: D'arcy And Harty - Sanitary Sewers

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To D'arcy &

Harty For The Rehabilitation Of Sanitary Sewers In The Area Bounded By 82nd Avenue,

Dowling Street, And Blandon Road - Sub-basin 85-004 (Project No. C96210) For The

Amount Of Two Million Two Hundred Ninety-One Thousand Eight Hundred Dollars

($2,291,800.00)

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Mocon

Corporation For The Rehabilitation Of Sanitary Sewers In The Area Bounded By

MacArthur Boulevard, Seneca Street, Dowling Street And Stearns Avenue - Sub-basin

85-212 (Project No. C72910) For The Amount Of Two Million Three Hundred

Seventy-Five Thousand Two Hundred Eighty-Eight Dollars ($2,375,288.00)

Subject: Temporary Parking at San Leandro Street and 73rd Avenue

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Authorizing The Contribution And Allocation Of

Redevelopment Agency Funds To The City Of Oakland Under The Cooperation

Agreement In An Amount Not To Exceed $50,000 For The Installation Of Temporary

Parking On City And Agency Parcels At 7425 San Leandro Street And 728 73rd Avenue

To Alleviate Blight, Support Intermodal Transit, And Provide Additional Parking

Capacity In The Coliseum Redevelopment Area; And

2) A Resolution Authorizing The City To Accept And Appropriate A Contribution Of

Redevelopment Agency Funds Under The Cooperation Agreement In An Amount Not

To Exceed $50,000 For The Installation Of Temporary Parking On City And Agency

Parcels At 7425 San Leandro Street And 728 73rd Avenue To Alleviate Blight, Support

Intermodal Transit, And Provide Additional Parking Capacity In The Coliseum

Redevelopment Area

From: Community And Economic Development Agency

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

Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To

Sell To Gerald Cheney, The Adjoining Property Owner Approximately 10,600 Square

Feet Of City Owned Surplus Real Property Located At The Terminus Of Northwood

Court (APN# 048E-7319-043-05) For The Fair Market Value Of $125,000.00

Subject: Sale Of City Owned Surplus Properties

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Conduct

A Public Auction For The Sale Of Eight City-Owned Surplus Properties; Assessor Parcel

Numbers 005-0421-00 (20th And Mandela Parkway); 003-0071-024 (632 - 14th Street);

045-5230-001-01 And 045-5230-003-03 (Assembled - 862 - 850 98th Avenue);

048H-7602-012, 048H-7602-013, 048H-7602-014, 048H-7602-015 (4 Parcels - Between

1530 And 1580 Grand View Drive); And 033-2250-001-04 (569 High Street/Howard

Street)

Subject: Permanent Storm Drain Easements

From: Community And Economic Development Agency

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

Authorizing The City Administrator To Acquire Permanent Storm Drain Easements

From Mortimer Howard For Properties Located At 3761 Park Boulevard Way (Assessor

Parcel Number 024-0532-043-01) And 3829 Greenwood Avenue (Assessor Parcel

Number 024-0532-035-01) For The Appraised Fair Market Value Of $57,200.00 Plus

Closing Costs Of $4,800

Subject: Phoenix Programs - Agreement

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter

Into A Six Month Agreement In The Amount Of $326,000 With Phoenix Programs, Inc.

To Operate The Oakland Army Base Temporary Winter Shelter (OABTWS), And A Six

Month Lease For $1.00 With The Oakland Base Reuse Authority (OBRA) For Use Of

Building 740 At The Army Base, And Accept And Appropriate Funds From Alameda

County ($125,000) And The City Of Berkeley ($56,000) To Establish And Operate The

Temporary Winter Shelter At The Oakland Army Base

Subject: City-County Neighborhood Initiative

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept

And Appropriate A Grant From The East Bay Community Foundation In The Amount

Of $10,000 For A Twelve Month Period, June 15, 2005 Through June 15, 2006, To

Support The City-County Neighborhood Initiative

Subject: Head Start Federal Review Results

From: Department of Human Services

Recommendation: Receive A Report To The City Council On The 2005 Head Start

Federal Review Results And Follow-Up Quality Improvement Plan

Subject: Head Start Advisory Panel

From: Department Of Human Services

Recommendation: Adopt A Resolution Confirming The Appointment Of Krishen

Laetsch And Jeffrey Thomas To The Head Start Advisory Panel To Fill Vacancies

Subject: 2005 Forensic Casework DNA Backlog Reduction Program

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator Accept And

Appropriate Grant Funds In The Amount Of Sixty Nine Thousand Five Hundred And

Twenty-Four Dollars ($69,524) From The U.S. Department Of Justice, National Institute

Of Justice (USDOJ/NIJ) For The 2005 Forensic Casework DNA Backlog Reduction

Program In The Police Department

Subject: 2005 DNA Capacity Enhancement Grant

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept

And Appropriate Eighty-Three Thousand Nine Hundred Four Dollars ($83,904) In Grant

Funds From The U.S. Department Of Justice, National Institute Of Justice (USDOJ/NIJ)

To The Police Department For The 2005 DNA Capacity Enhancement Grant

Subject: Family Violence Intervention Unit

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept

And Appropriate Ninety-Five Thousand Seven Hundred And One Dollars ($95,701)

From The State Of California, Office Of Emergency Services, Law Enforcement

Specialized Units Grant Program And Authorize A Professional Services Agreement

With The Family Violence Law Center In The Amount Of One Hundred Ten Thousand

Dollars ($110,000) For Continued Services Associated With The Police Department's

Family Violence Intervention Unit (FVIU) For The Period July 1, 2005 Through June 30,

2006

Subject: Reckless Driving And Sideshow Prevention

From: Oakland Police Department

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

Of The City Of Oakland, To Enter Into A Contract For Services With, And Receive

Twenty-Five Thousand Dollars ($25,000) From, The California Highway Patrol For

Increased Traffic Enforcement Operations Targeted At Preventing Reckless Driving And

Exhibitions Of Speed Commonly Referred To As Sideshows

Subject: Opposition To State Proposition 75

From: Council President De La Fuente

Recommendation: Adopt A Resolution Declaring Opposition To State Proposition 75

Subject: Opposition To State Proposition 76

From: Council President De La Fuente

Recommendation: Adopt A Resolution Declaring Opposition To State Proposition 76

Titled "State Spending And School Funding Limits. Initiative Constitutional

Amendment."

Subject: Tree Appeal - 335 Hanover Avenue

From: Public Works Agency

Recommendation: Conduct A Public Hearing And Adopt A Resolution Denying The

Appeal Filed By Jesse Kupers, Kim Goodwin, Deborah Cowder, Keith Wilson And

Jessica Seaton Against The Decision Of The Public Works Agency Approving The

Issuance Of Tree Removal Permit DRO4-019 For 335 Hanover Avenue, In Order To

Build A Nine Unit Condominium Building

Subject: Forest City Residential West - Amendments

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution (1) Approving Amendments To The Lease Disposition And

Development Agreement, Ground Lease, And Related Documents Between The

Redevelopment Agency, The City, And FC Oakland, Inc. Or Related Entities, For The

Development Of A Mixed-Use Residential Rental And Retail Development Project In

The Uptown Activity Area Of The Central District Redevelopment Project Area To (A)

Modify Public Park Maintenance Obligations, (B) Change The Date For Receipt Of Net

Available Tax Increment, And (C) Change The Noise Reduction Plan For The Oakland

School For The Arts, And Related Amendments; (2) Approving The Revised Site Plan

For The Project; And (3) Changing The Use Of Agency Funds For The Implementation

Of The Project; And

2) A Resolution (1) Approving Amendments To A Lease Disposition And Development

Agreement, Ground Lease, And Related Documents Between The Redevelopment

Agency, The City, And FC Oakland, Inc. Or Related Entities, For The Development Of

A Mixed-Use Residential Rental And Retail Development Project In The Uptown

Activity Area Of The Central District Redevelopment Project Area To (A) Modify Public

Park Maintenance Obligations, (B) Change The Date For Receipt Of Net Available

Increment, (C) Change The Noise Reduction Plan For The Oakland School For The Arts,

(D) Modify The Replayment Schedule; And (E) Add Various Amendments; (2)

Approving The Revised Site Plan For The Project; And (3) Changing The Use Of City

Funds For The Implementation Of The Project (TITLE CHANGE)

The Motion was made by Councilmember Brunner, second by

Councilmember Reid to continue this Public Hearing on October 18, 2005

and hearing no objections, the motion passed with 7 Ayes; Brunner,

Chang, Kernighan, Nadel, Quan, Reid and President De La Fuente, 1

Abstain - Brooks

Subject: Rental Assistance For Hurricane Katrina

From: Office Of The City Administrator

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution

Establishing A Rental Assistance Program To Provide Temporary Assistance To

Families Displaced By Hurricane Katrina, Reallocating $250,000 In Home Program

Income Funds From The Housing Rehabilitation Program For This Purpose, Authorizing

A Contract With The Oakland Housing Authority To Administer The Program, And

Amending The 2005-2010 Five-Year Consolidated Plan Accordingly

Councilmember Quan made a motion seconded by President Of The

Council De La Fuente to approve staff recommendations and directed staff

to look for other funding sources and hearing no objections, the motion

passed by Ayes: Agency/Councilmember: Brooks, Chang, Kernighan,

Quan, Reid and President of the Council De La Fuente - 6 and Abstain:

Agency/Councilmember: Brunner and Nadel - 2

Subject: Stanton Bluiett Contract Restructuring

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To

Negotiate A Loan Restructuring With Stanton D. Bluiett DBA Pill Hill Printing For

Outstanding Principal Notes Totaling $240,000

A) City Of Oakland Mayor To Cast Tie-Breaking Vote To Approve The Resolution

Authorizing The City Administrator To Accept The Loan Restructuring Proposal Of

Stanton Bluiett To Repay Portions Of A Secured HUD Section 108 Principal Loan In

The Amount Of $120,000 And Forgive A Secured HUD EDI Loan In The Amount Of

$120,000 And Other Associated Actions As Discussed At The October 4, 2005 City

Council Meeting

B) Discussion Of And Direction On Alternative Loan Repayment Strategies In The

Matter Of Pill Hill Printing's HUD Section 108 And EDI Principal Loan Amounts

Totaling $240,000 Including Full Repayment Of Section 108 Loan By April 30, 2006,

Deferral For A Period Not To Exceed 18 Months Payments To The EDI Loan,

Determination Of Appropriate Collateral Required To Secure Remaining Notes And

Authorization Of City Administrator To Execute A Restructuring Plan Consistent With

City Council Direction

Councilmember Nadel made a substitute motion, seconded by

Councilmember Brooks to approve Option 2. The vote tied: 4 Ayes

(Brooks, Kernighan and Nadel and President De La Fuente) 4 Noes

(Brunner, Chang, Quan and Reid)

Pursuant To City Charter section 200 and Rule 29 of Council's Rules of

Procedure, this item was continued to the October 18, 2005 City Council

Meeting to allow the Mayor to cast a tie breaker's vote

Subject: Opus West Exclusive Negotiating Agreement - Extension

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Amending The Exclusive Negotiating

Agreement With Opus West Developer Group For The Development Of Approximately

50 Acres Within The Former Oakland Army Base, In Order To: (1) Change The

Developer Name To Oakland West Wind, LLC; And (2) Extend The Term Of The

Agreement From 6 Months To 12 Months

Subject: Public Utilities And Right-Of- Way Improvements For Uptown Project

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Approving A Subdivision Improvement Agreement With FC Oakland,

Inc., For Deferred Construction Of Public Infrastructure Improvements For The Final

Map From Tract 7616 For The Uptown Oakland Mixed Use Redevelopment Project;

And

2) A Resolution Approving The Final Map For Tract 7616 For The Uptown Oakland

Mixed Use Redevelopment Project And Accepting Offers Of Dedication For A Public

Park And For Public Right-Of-Way For A Portion Of William Street And For A New

Street Connecting William Street With 19th Street And Thomas L. Berkley Way

Subject: Paramount Theater - Appointments

From: Office Of The Mayor

Recommendation: Adopt A Resolution Providing The City Council's And Mayor's

Concurrence With The Paramount Theatre Of The Arts, Inc., Board's Appointments Of

Davis Foulkes, Michael Panico And Robert McKean To The Board (TITLE CHANGE)

Subject: Oakland Housing Authority - Appointment

From: Office Of The Mayor

Recommendation: Adopt A Resolution Appointing Michael Colbruno As A Member OF

The Oakland Housing Authority

Subject: Forest City Residential West - Agreement

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator

To Negotiate And Execute An Exclusive Negotiating Agreement For A Term Of 90

Days From Council Action, Between The Oakland Redevelopment Agency And Forest

City Residential West, Inc. Or A Related Entity, To Develop A Market Rate, Mixed-Use

Project Consisting Of Housing And Retail On A Parcel Bounded By William Street In

The North, Telegraph Avenue On The East, 19th Street On The South And A New

Public Park On The West

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*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.