City of Oakland Legistar System

Office of the City Clerk

Oakland City Hall

1 Frank H. Ogawa Plaza

Oakland, California 94612

LaTonda Simmons, Interim City

Clerk

Roll Call / ORA & Council

COUNCIL MEMBERS; Vice Mayor Brunner, Dist. 1; Vacant, 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

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.

Approval of the Draft Minutes from the Concurrent Meeting of the Oakland

Redevelopment Agency/City Council held on February 15, 2005

Subject: Mariann Mitchell - Service Recognition

From: Councilmember Reid

Recommendation: Adopt a Resolution commending Police Service Technician Mariann

Mitchell for selfless acts of kindness above and beyond the call of duty

From: Councilmember Reid

Recommendation: Adopt a Resolution commending Officer Victor Bullock for selfless

acts of kindness above and beyond the call of duty

Subject: The Edna Brewer Middle School competing in the "Future City Competition"

From: Council President De La Fuente

Recommendation: Adopt a Resolution celebrating and honoring the achievements of the

Edna Brewer Middle School students who represented Oakland in our nation's capital

during February 2005 by successfully competing in the finals of the "Future City

Competition"

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the February 24, 2005 Rules and Legislation

Committee to place this item on the agenda for the following reasons: That

there is a need to take immediate action which came to the attention of the

local body after the agenda was posted, and that the need to take

immediate action relates to a purely ceremonial or commendatory action.

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: 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: State Farm Insurance - 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 Company, in the amount of $16

,197.61, as a result of property damage sustained in an auto collision involving a City of

Oakland vehicle on June 18, 2004. (Oakland Police Department)

Subject: Lihbin Shiao - 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 Lihbin Shiao, in the amount of six thousand seven

hundred seventy dollars and 36 cents ($6,770.36), as a result of damage to her sanitary

sewer lateral caused by tree toots from a City tree (Public Works Agency)

Subject: Totally Helen - 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 Totally Helen, LLC, in the amount of $14,447.95, for

property damage sustained as a result of flooding caused by poor drainage from a City

Street. (Public Works Agency)

Subject: Yolanda Orey - 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 Yolanda Orey v. City of Oakland, et al., Alameda

County Superior Court Case no. RG03-120161, our file no. 22919, in the amount of $10,

000.00. This case involves a trip and fall accident occurring on a raised portion of

sidewalk. (Public Works Agency)

Subject: Michael Muscadine - Settlement Agreement

From: Office of the City Attorney

Recommendation: Resolution authorizing and directing the City Attorney to compromise

and settle the case of Michael Muscadine v. City of Oakland, et al., Alameda County

Superior Court Case no. 2002-046671, our file No. 22119, in the amount of $150,000.00.

This case involves claims of excess force against members of the Oakland Police

Department on February 18, 2001(Oakland Police Department)

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

amending the City of Oakland's Conflict of Interest Code (Ordinance Number 11562 C.

M.S. adopted March 23, 1993, as amended, Oakland Municipal Code Chapter 3.16)

enacting a Conflict of Interest Code for City of Oakland employees, members of boards

and commissions, and consultant positions to update the designation of positions that the

code covers

Subject: Limited Public Financing Act of the City of Oakland

From: Office of the City Attorney

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

amending Oakland Municipal Code Chapter 3.13, the Limited Public Financing Act of

the City of Oakland, to require: 1) Contributions submitted for matching funds be made

on a financial instrument containing the name of the donor, the name the payee and

drawn on the account of the donor and 2) Candidates to timely file and completely and

accurately execute all pre-election and post-election campaign statements for the election

in which matching funds are received

Subject: Special Traffic Offender Program (STOP)

From: Oakland Police Department

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

amending Ordinance Number 9336 C.M.S. (Master Fee Schedule), to increase the

impounded vehicle release fee, assessed by the Oakland Police Department, from one

hundred seventy-five dollars ($175) to two hundred and fifty dollars ($250)

Subject: Eminent Domain Litigation

From: Office of the City Attorney

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

compromise and settle the Eminent Domain Litigation of City of Oakland v. Orkin, Inc.

dba Thrifty Oil Company ("Thrifty") in the amount of $326,820 ($131,820 plus the City's

$195,000 deposit which Thrifty previously withdrew) as compensation for the City's

Condemnation of 862-868 - 98th Avenue for the City's widening of 98th Avenue (San

Mateo County Superior Court Action No. 336725)

Subject: Race and Gender Disparity Evaluation and Study (Croson Study)

From: President of the Council De La Fuente

Recommendation: Adopt a Resolution directing the City Administrator to conduct a

Race and Gender Disparity Evaluation and Study of both (1) the City's bidding and

awards of City contracts (commonly referred to as a "Croson Study") and (2) the City's

Workforce Diversity in comparison to the relevant labor pool by selecting through

requests for qualification or requests for proposal - a qualified independent consultant(s)

of national reputation to conduct the required evaluation and study

Subject: Granting of Utility Easements to Pacific Gas & Electric

From: Community and Economic Development Agency

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

authorizing the granting of two permanent utility easements to Pacific Gas and Electric

Company located at the City of Oakland Fire Station at 250 Fallon Street (Site 1) and the

east side of Fallon Street at Victory Court (Site 2) for the combined appraised market

value of $5,070

The February 22, 2005 Finance and Management Committee approved

recommendations; 4 Ayes

Final Passage (Second Reading) has been scheduled for March 15, 2005

Subject: City's Non-Disposal Facility Element - Public Hearing

From: Public Works Agency

Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution

adopting the City's amended non-disposal facility element, which describes solid waste

and recycling facilities that assist the City to reduce materials sent to landfills, and

approving its submittal to the California Integrated Waste Management Board and the

Alameda County Waste Management Authority

Subject: 5625 International Blvd. - Repaving Agreement

From: Community and Economic Development Agency

Recommendation: Adopt an Agency Resolution authorizing an Owner Participation

Agreement with SVC Manufacturing, Inc., DBA Gatorade, for retention, expansion and

improvement of it's manufacturing facility at 5625 International Boulevard and an

Agency payment not to exceed $250,000 for repaving 57th Avenue adjacent to the

facility

The February 8, 2005 Community and Economic Development Committee

directed staff to provide a Supplemental Report amending the agreement

to execute the First Source Hiring agreement to hire qualified Oakland

residents; 4 Ayes

This item was withdrawn from the February 15, 2005 City Council agenda

and rescheduled to the March 1, 2005 City Council agenda.

Subject: Measure DD - Clean Water and Safe Parks

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of legislation:

1) Adopt a Resolution authorizing revisions to the appropriation of seventy million five

hundred seventy nine thousand dollars ($70,579,000) during Fiscal Year 2003 - 2004 in

Oakland Trust for Clean Water and Safe Parks (Measure DD) Series A general obligation

bonds

2) Adopt a Resolution authorizing application of up to ten million dollars ($10,000,000)

in California Coastal Conservancy Funds for the Lake Merritt 12th Street Improvement

Project ($9,000,000) and water quality technologies at Lake Merritt ($1,000,000)

The February 8, 2005 Life Enrichment Committee directed staff to amend

the Resolution to delete the word "execute" from section 5 of the "Resolved

" and require the City Administrator to return to Council for acceptance

and appropriation of this grant; 3 Ayes

3) Adopt a resolution authorizing the City Administrator to negotiate and execute an

amendment to a professional services contract with The Friends of Oakland Parks and

Recreation for administrative support services associated with the Measure DD

Community coalition in an amount not to exceed $23,752, for a total contract amount not

to exceed $39,751

The February 8, 2005 Life Enrichment Committee directed staff to

negotiate with the Friends of Parks and Recreation performance

deliverables for this funding; 3 Ayes

Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry Reid

From: Councilmembers Nancy Nadel and Larry Reid

Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel and

Larry Reid's travel to Washington DC from March 11-15 for the National League of

Cities Conference

Subject: Appointment to the Community Policing Advisory Board

From: Council President De La Fuente

Recommendation: Adopt a Resolution appointing Brendan Mulholland as a member of

the Community Policing Advisory Board representing City Council District 5

Subject: Appointment of Council President to the Public Safety Committee

From: Council President De La Fuente

Recommendation: Action pursuant to the Council's rules of procedure (Resolution #

79006 C.M.S.) to confirm the City Council President's appointment of Councilmember

Ignacio De La Fuente to the Public Safety Committee

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency

finding was made at the February 24, 2005 Rules and Legislation

Committee to place this item on the agenda for the following reasons: That

there is a need to take immediate action which came to the attention of the

local body after the agenda was posted, and that the need to take

immediate action 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.

Continuation of Open Forum

ADJOURNMENT OF COUNCIL SESSION

(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the

Council)

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

THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR

OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO

ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS.

LATONDA SIMMONS

Interim Agency Secretary/City Clerk

and Clerk of the Council

*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.