City of Oakland Legistar System

DEFINITION OF TERMS:

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

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

a high level of public interest as determined by the Rules Committee. These items are heard on the

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

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

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

interest, or is controversial as determined by the Rules Committee. These items are heard on the 7

:00 P.M. portion of the agenda.

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

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

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

does not require or permit Council action.

Pledge of Allegiance

Roll Call / ORA & Council

COUNCIL MEMBERS; Vice Mayor Jane 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

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: Celebration of Black History Month

From: Councilmember Brooks

Recommendation: A Presentation by Prescott Elementary School Students from the

class of instructor Carrie Secret in Celebration of Black History Month

Subject: Rae Mary - Dedicated Service

From: Department of Human Services

Recommendation: Adopt a Resolution honoring Rae Mary for 14 years of distinguished

service to the citizens of Oakland and congratulating her on her retirement

Subject: Declaration of a Local Emergency due to AIDS epidemic

From: Office of the City Attorney

Recommendation: Adopt a Resolution renewing and continuing the City Council's

Declaration of a Local Emergency due to the existence of a critical public health crisis

with regard to the AIDS epidemic

Subject: Medical Cannabis Health Emergency

From: Office of the City Attorney

Recommendation: Adopt a Resolution renewing the City Council's Declaration of a

local public health emergency with respect to safe, affordable access to Medical

Cannabis in the City of Oakland

Subject: Mariah P. Garcia - 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 Mercury Insurance as subrogee for Mariah P. Garcia

in the amount of $9,590.27 as a result of a vehicle collision involving a city vehicle (FSA

)

Subject: Maurine Marie - 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 Maurine Marie, in the amount of $8,029.76, for

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

street (Public Works Agency)

Subject: Surplus City-Owned Real Property - 7th and Castro Streets

From: Community and Economic Development Agency

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

authorizing the City Administrator to enter into an offer to purchase agreement with

Tuan Nguyen, Thong Nguyen and Carl Nguyen (the adjoining property owners) for sale

of surplus City real property located at 7th and Castro Streets for the Fair Market Value

of $191,000

Subject: Donation of One Surplus GMC Fleetwood Vehicle

From: Public Works Agency

Recommendation: Adopt a Resolution authorizing the donation of one surplus 1990

GMC Fleetwood command post vehicle to the East Bay Regional Park District

Subject: Designation of State Financial Assistance Representatives

From: Finance and Management Agency - Accounting

Recommendation: Adopt a Resolution designating the Director of Finance and

Management Agency, Controller and Assistant Controller as authorized representatives

for the purpose of receipt, processing and coordination of all inquiries and requirements

necessary to obtain available Federal Financial Assistance under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act of 1988, and State Financial Assistance

Subject: Oakland Coliseum Intercity Rail Platform

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of legislation:

1) A City Resolution authorizing a fourth amendment to the Agreement with the San

Francisco Bay Area Rapid Transit District for design and engineering of the Oakland

Coliseum Intercity Rail Platform to extend the term of the Agreement, expand the scope

of services, and modify the budget to allocate $500,000 of previously allocated

construction and acquisition funds towards design and engineering services

2) An Agency Resolution reprogramming $500,000 in Agency Funding of acquisition

and construction costs of the Oakland Coliseum Intercity Rail Platform Project towards

design and engineering Sevices

Subject: Diane Foster & Associates

From: Community and Economic Development Agency

Recommendation: Adopt a Resolution authorizing the City Administrator to amend a

professional or specialized services contract with Diane Foster & Associates to provide a

needs analysis for the Planning & Zoning Division for an additional fee of twenty

thousand dollars ($20,000) for a total fee not to exceed eighty-five thousand dollars ($85,

000)

Subject: Mayor's Summer Jobs Program

From: Community and Economic Development Agency

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

accept and appropriate grant funds and contributions from private foundations and

corporations on behalf of the Oakland Workforce Investment Board to fund the Mayor's

Summer Jobs Program

Subject: Declaration of Property Various Interests - Uptown Project

From: Community and Economic Development Agency

Recommendation: Adopt an Agency Resolution of Necessity declaring certain property

interests at 1920 San Pablo Avenue, Oakland, CA 94612 (Assessor Parcel Number: 008-

0643-006), 1954 San Pablo Avenue, Oakland, CA 94612 (Assessor Parcel Number: 008-

0644-021, 610 William Street, Oakland, CA 94612 (Assessor Parcel Number 008-0644-

020) as necessary for public purposes and authorizing Agency Counsel to initiate

condemnation proceedings for the acquisition of said property interests for

Redevelopment purposes as part of Uptown Project

Subject: Conflict of Interest - Municipal Code Amendment

From: Office of the City Attorney

Recommendation: Approve the Introduction (First 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

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: Litigation - Kaiser Aluminum & Chemical Corporation

From: Office of the City Attorney

Recommendation: Receive an Informational report on Kaiser Aluminum & Chemical

Corporation v. City of Oakland Litigation

Subject: Stronger Anti-Predatory Legislation

From: Council President De La Fuente

Recommendation: Receive an Informational Report on the California Supreme Court's

decision in the Predatory Lending Case (American Financial Services Association v. City

of Oakland), and adopt a Resolution calling for the California Legislature to adopt

stronger anti-predatory lending protections or authorize local communities to adopt

stronger protections to address local conditions and protect local interests

Subject: Sale of Portions of Brookfield Park

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of legislation:

1) Adopt an Agency Resolution authorizing a Memorandum of Understanding with the

Salvation Army and the City for the sale of portions of Brookfield Park at Edes and

Jones Avenues, and development of a new recreation center and other uses on the site;

and

2) Adopt a City Resolution authorizing a Memorandum of Understanding with the

Salvation Army and the Redevelopment Agency for the sale of portions of Brookfield

Park at Edes and Jones Avenues, and development of a new recreation center and other

uses on the site

From: Council President Ignacio De La Fuente

Recommendation: Adopt a Resolution appointing Councilmember Jean Quan to the

Board of the Alameda County Waste Management Authority for a two-year term

beginning February 15, 2005 and ending February 15, 2007

Subject: Appointment to the Community Policing Advisory Board

From: Councilmember Nadel

Recommendation: Adopt a Resolution appointing Adante Pointer as a member of the

Community Policing Advisory Board

Subject: Appointment - Children's Fund Planning and Oversight Committee

From: Councilmember Chang

Recommendation: Adopt a Resolution appointing Viola Gonzales as a member of the

Children's Fund Planning and Oversight Committee

Subject: Self-Insurance General Liability Fund (Fund 1100)

From: Finance and Management Agency/Risk Management Division

Recommendation: Adopt a Resolution authorizing the budgetary appropriation of

monies from the Self-Insurance General Liability Fund (Fund 1100) to departments for

Fiscal Year 2005/06 and 2006/07 allocation of general liability costs based on

implementation of the "Phoenix Model" of risk management cost allocation

Subject: ShoreTel - Agreement

From: Finance and Management Agency

Recommendation: Adopt a Resolution approving the successful completion of the Voice

Over IP Pilot Project and authorizing the City Administrator or her designee to execute a

seven year contract for the lease of telephone equipment and services with ShoreTel (

formerly Shoreline) Communications Inc., for an amount not to exceed $275,000

annually or $1,650,000 over the term of the contract without return to Council

The February 8, 2005 Finance and Management Committee directed staff

to prepare a supplemental report that provides information on the cost

differential for 3, 5, 6 and 7 year lease options. Staff will also provide the

cost of the necessary equipment replacement as a separate cost for the lease

options that would exclude the network upgrade component; 4 Ayes

Subject: Enterasys, Inc. - Agreement

From: Finance and Management Agency/Information Technology

Recommendation: Adopt a Resolution authorizing the City Administrator or her designee

to execute a seven year contract for the lease of data network equipment and services

with Enterasys Inc., for an amount not to exceed $215,000 annually or $1,500,000 over

the term of the contract without return to Council

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

Subject: Affordable Housing Development Funding

From: Community and Economic Development Agency

Recommendation: Adopt the following pieces of legislation:

1) Adopt a Resolution authorizing an amendment to Resolution No. 78361 C.M.S. to

allow an extension of time for an Affordable Housing Development Loan in an amount

not to exceed $1,901,740 to Citizens Housing Corporation for the Altenheim Senior

Housing Project located at 1720 Mac Arthur Boulevard

2) Adopt a Resolution authorizing an affordable Housing Development Loan in an

amount not to exceed $2,472,585 to Affordable Housing Association, Inc., for the

Madison & Fourteenth Rental Project located at 160 14th Street

3) Adopt a Resolution authorizing an amendment to Resolution No. 77657 C.M.S. to

allow an extension of time for an Affordable Housing Development Loan in an amount

not to exceed $771,300 to Bridge Housing for the Mandela Gateway Ownership Project

located at 1431 8th Street

4) Adopt an Agency Resolution to amend Redevelopment Agency Resolution No. 2004-

07 C.M.S. to increase the Affordable Housing Development Loan by $2,306,100 to

provide total Agency Loan Funds in an amount not to exceed $4,084,660 to Citizens

Housing Corporation for the Altenheim Senior Housing Project located at 1720

MacArthur Boulevard

5) Adopt a Resolution authorizing an Affordable Housing Development Loan in an

amount not to exceed $3,000,000 to East Bay Asian Local Development Corporation and

the related companies of California jointly for the Coliseum Gardens Phase III Hope VI

Project located at 928-998 66th Avenue

6) Adopt an Agency Resolution authorizing an amendment to Redevelopment Agency

Resolution No. 2004-08 C.M.S. to allow a one year extension of an Affordable Housing

Development Loan in an amount not to exceed $2,548,500 to Affordable Housing

Associates, Inc. for the Calaveras Townhomes Project located at 4856-4868 Calaveras

Avenue and to amend loan terms of two site acquisition loans in the total amount of $1,

310,000

7) Adopt an Agency Resolution authorizing an amendment to Redevelopment Agency

Resolution No. 2003-08 C.M.S. to allow an extension of time for an Affordable Housing

Development Loan in an amount not to exceed $1,146,100 to Bridge Housing for the

Mandela Gateway Ownership Project located at 1431 8th Street

8) Adopt an Agency Resolution authorizing an Affordable Housing Development Loan

in an amount not to exceed $3,024,915 to Affordable Housing Associates, Inc., for the

Madison & Fourteenth Rental Project located at 160 14th Street, and Consolidating an

existing $1,498,000 site acquisition loan with the development loan, for a new total

development loan in an amount not to exceed $4,522,915

Subject: Affordable Housing Development Funding - Auditor's Report

From: Office of the City Auditor

Recommendation: Receive a Report on a total of nine (9) Resolutions regarding

affordable housing activities: Four City and Agency Resolutions authorizing

development loans in an aggregate amount not to exceed $10,803,600 for affordable

housing projects; Four City and Agency Resolutions to extend for an additional year the

funding reservation deadline in an aggregate amount of $8,145,900; one Agency

Resolution appropriating $1,708,148 for housing development program

Subject: Park Capital Improvement Projects

From: Public Works Agency

Recommendation: Action on a Status report on the development of a strategic plan and a

prioritization list for City of Oakland Parks Capital Improvement Projects based on

adopted open space, conservation, and recreation (OSCAR) goals and request Council to

provide directions on the proposed recommendations

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

with alternative #3 and look into a partnership with the Parks Coalition to

begin the groundwork to secure USA grant funding supporting this

alternative with return to Council; 3 Ayes

Subject: State of California Proposition 14 Funds

From: Oakland Public Library

Recommendation: Adopt a Resolution authorizing the City Administrator to 1) accept

and appropriate an additional $13,345 from the State of California Proposition 14 Funds

for a total grant amount of $6,513,345; and 2) to amend the professional services

agreement with Group 4 Architecture Research and Planning, Inc. to provide full design

and engineering services for the new 81st Avenue Community Library in the amount of $

1,600,000, and to complete the Master Facilities Plan to include development strategies

for the Main Public Library and for continued Community Outreach Services in the

amount of $225,000, for a total amended contract amount not to exceed $2,325,000

The February 8, 2005 Life Enrichment Committee bifurcated the

recommendation and approved the acceptance of the California

Proposition 14 Grant (3 Ayes and on approval of the contract extension

2 Ayes, 1 Abstain - Brooks

Subject: Special Traffic Offender Program (STOP)

From: Oakland Police Department

Recommendation: Approve the Introduction (First 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)

The February 8, 2005 Public Safety Committee directed staff to include in

the semi-annual Special Traffic Offender Program (STOP) information on

the number of parolees, individuals on probation, weapons confiscated and

drug and DUI arrests; 3 Ayes

Final Passage (Second Reading) has been scheduled for March 1, 2005

Americans With Disabilities Act

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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

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strongly scented products to meetings.

Office of the City Clerk

Phone: (510) 238-7370

Fax: (510) 238-6699

Recorded Agenda: (510) 238-2386

Telecommunications Display Device: (510) 839-6451

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

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

can be taken.