City of Oakland Legistar System

ORA\Councilmember Present: 8 - Councilmember Chang, Councilmember

Nadel, Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

The following individual(s) spoke under Open Forum:

- Hugh Bassette

- Gwen McCane

- Stephan Tompkins

- Hector Reyna

- Steve Hacka

- Isaac Simons

- Sanjiv Handa

- Mrs. Farve

- Glen Greener

- Dorothy Coleman

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.

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Terry Moreland - Service Recognition

From: Councilmember Brooks

Recommendation: Adopt A Resolution Commending Terry Moreland For Outstanding

Volunteer Service On Behalf Of Oakland Children's Fairyland (06-0284)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Chief Ronald K. Carter - Service Recognition

From: Oakland Fire Department

Recommendation: Adopt A Resolution Commending Deputy Chief Ronald K. Carter For 26

Years Of Outstanding And Dedicated Service And Congratulating Him On His Retirement

(06-0307)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Municipal Clerk's Week 2006

From: Council President De La Fuente

Recommendation: Adopt A Resolution Declaring April 30, 2006 Through May 6, 2006 As

Municipal Clerk's Week (06-0319)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: 50th Anniversary Of The Children's Fairyland Storybook Puppet Theater

From: Council President De La Fuente

Recommendation: Adopt A Resolution Celebrating The 50th Anniversary Of The Children's

Fairyland Storybook Puppet Theater And Proclaiming May 18, 2006 "Storybook Puppet

Theater Day" In The City Of Oakland (06-0283)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Oakland Bike To Work Day

From: Councilmember Kernighan

Recommendation: Adopt A Resolution Proclaiming Thursday, May 18, 2006 As City Of

Oakland Bike To Work Day And May 2006 As City Of Oakland Bike Month (06-0282)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Recognition Of Beatrice Wong

From: Councilmember Chang

Recommendation: Adopt A Resolution Honoring Beatrice Wong As Recipient Of Oakland

Mother Of The Year Award 2006 (06-0329)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Agency/Councilmember Chang made a motion seconded by Agency/Council

President De La Fuente to approve an urgency finding pursuant to Section

2.20.080 E(2) regarding Item S-8.8 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.

Agency/Councilmember Nadel took a point of personal privilege and requested

that the meeting be adjourned in memory of Harold G. Lattimore

Agency/Councilmembers Nadel and Brooks took a point of personal privilege

and requested that the meeting be adjourned in memory of Patricia Mojica

Vattuone Norguera

Agency/Councilmembers Chang and Reid and President De La Fuente took a

point of personal privilege and requested that the meeting be adjourned in

memory of George Chu

Agency/Councilmember Kernighan took a point of personal privilege and

requested that the meeting be adjourned in memory of Sonethavy

Phomsouvanhdara

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 (06-0310)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

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 (06-0311)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Stuart Fishman - 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 Stuart Fishman In The Amount Of Nine Thousand One

Hundred Forty Six Dollars And 24 Cents ($9,146.24), As A Result Of Property Damage

Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On September 3, 2005.

(Public Works Agency) (06-0315)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Randy Murphy - 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 Randy Murphy v. City Of Oakland, United States District

Court Case No. C04-3062 TEH, Our File No. 24026 in the Amount of $1,500,000.00 . This

case involves an alleged use of Excessive Force and False Arrest Near 30th and Union Streets.

(Police Services Agency) (06-0314)

ORA\Councilmember Noes: 1 - Councilmember Brunner

ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Vice Mayor Quan, President of the Council De La

Fuente, Councilmember Brooks and Councilmember Reid

Subject: Paul Lum - 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 Paul Lum, In The Amount Of Thirteen Thousand Seven

Hundred Eighty Dollars And No Cents ($13,780.00), As A Result Of Property Damage

Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On December 22,

2005. (Public Works Agency) (06-0313)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Sheffield Village Recreation Center

From: Public Works Agency

Recommendation: Adopt A Resolution Rejecting All Bids For The Sheffield Village

Recreation Center ADA Improvements Project And Authorizing The City Administrator, Or

Her Designee, To Re-Bid, To Negotiate If Necessary After Re-Bid, And To Award A

Construction Contract Within Budget For An Amount Not To Exceed Three Hundred And

Eleven Thousand Dollars ($311,000.00) (TITLE CHANGE) (06-0254)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Oakland Business Improvement Management District Ordinance

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Sign The

Petition For The Four (4) City-Owned Properties On Which Assessments Are To Be Levied

(APN 025-0722-026-00, APN 033-2130-035-02, APN 035-2352-001-02, And APN

033-2135-026-02) To Support The Formation Of The Fruitvale Property Business Improvement

District Of 2006 (06-0179)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Regional Measure 2 Funds

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Authorizing The Filing Of Applications For Regional

Measure 2 Funds Through The Metropolitan Transportation Commission's Safe Routes To

Transit Grant Program For The MacArthur Transit Hub Streetscape Improvement Project And

The MacArthur BART Station Bicycle Access Planning Project, Authorizing Acceptance And

Appropriation Of $428,800 In Grant Funds From This Program For These Two Projects, And

Authorizing The Submittal Of Allocation Requests To The Metropolitan Transportation

Commission For The Funds Awarded Under These Grants (06-0182)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Komorous-Towey Properties LLC -Agreement

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing An Exclusive Negotiating

Agreement With Komorous-Towey Properties, LLC, To Develop A Mixed-Use Office And

Retail Project On A Portion Of 540 - 17th Street (06-0186)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Sailing Into Science Fieldtrip Program

From: Office Of Parks And Recreation

Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For,

Accept And Appropriate Grant Funds From The California Coastal Commission's Whale Tail

Grants Program In The Amount Of Ten Thousand Dollars ($10,000) To Provide Support For

The Office Of Parks And Recreation Sailing Into Science Fieldtrip Program (06-0238)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Peace Officer Standards And Training (POST) - Agreement

From: Oakland Police Department

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

City Of Oakland, To Execute An Agreement With The California Commission On Peace

Officer Standards And Training (POST) For The Purpose Of Permitting The Police Department

To Present The POST Certified Academy Recruit Training Officer Course To Seventy Two

(72) Students, And To Receive Up To Nine Thousand Three Hundred Seven Dollars And

Ninety Eight Cents ($9,307.98) In Reimbursement Funds (06-0174)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: California Seat Belt Campaign

From: Oakland Police Department

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

City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Eighty-Two

Thousand Seven Hundred And Forty-One Dollars ($82,741) From The State Of California,

Office Of Traffic Safety, For The Police Department's Participation In A Twenty-One Day

California Seat Belt Compliance Campaign (06-0237)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Weed And Seed Initiative

From: Oakland Police Department

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

City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed One

Hundred Seventy-Five Thousand Dollars ($175,000) From The U.S. Department Of Justice,

Office Of Justice Programs, Community Capacity Development Office, In Support Of First

Year Program Operations Associated With The Elmhurst Weed And Seed Initiative In The

Police Department (06-0214)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Law Enforcement And Port Security On City Of Oakland Waterways

From: Oakland Police Department

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

City Of Oakland, To Accept And Appropriate Funds In An Amount Not To Exceed One

Hundred Seventy-Seven Thousand Six Hundred Dollars ($177,600) From The Port Of Oakland,

Board Of Port Commissioners, To The Police Department For The Purchase Of A Marine

Patrol Vessel And Communications Equipment For Use By The Marine Unit For Law

Enforcement And Port Security Of Oakland Waterways And Authorizing The Department To

Enter Into A Memorandum Of Understanding With The Port Of Oakland From November 1,

2005 To October 31, 2008 For Implementation Of This Initiative (06-0211)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: California Auto Insurance

From: Councilmember Nadel

Recommendation: Adopt A Resolution Supporting The Efforts By The California Insurance

Commissioner To Rectify The Auto Insurance Industry's Practice Of Zip Code Profiling And

Honor The Voter-Approved Provisions Of Proposition 103 (06-0248)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: MacArthur Boulevard Undergrounding - Conflict of Interest Waiver

From: Office of the City Attorney

Recommendation: Adopt the following pieces of legislation:

1) A Resolution Authorizing The City's Waiver Of Any Conflict Of Interest That The Law Firm

Of Bell, Rosenberg & Hughes, LLP May Have In Representing The City Of Oakland With

Respect To The Macarthur Boulevard Undergrounding Project Which Will Place Existing

Overhead Facilities Such As Wiring For Street Lights, Cable, And Phone Services

Underground; and (06-0323)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

2) An Agency Resolution Authorizing The Agency's Waiver Of Any Conflict Of Interest That

The Law Firm Of Bell, Rosenberg & Hughes, LLP May Have In Representing The

Redevelopment Agency Of The City Of Oakland With Respect To The Fox Theater Project

(06-0323-1)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Ladies' Relief Society Children's Home

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Supporting The Nomination Of The Ladies' Relief

Society Children's Home (Studio One) For Listing In The National Register Of Historic Places

And The California Register Of Historical Resources (06-0256)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Pursuant to Council's Rules of Procedures Rule 7 (6), a motion was made by

Agency/Councilmember Brunner, seconded by Agency/Councilmember Brooks

to withdraw this item from the May 2, 2006 Consent Calendar to be heard as a

Non-Consent item on the May 16, 2006 City Council agenda.

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

Subject: Madison Street Lofts - Permit

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Granting Madison Street Lofts, LP, A Revocable And

Conditional Permit To Allow An Electrical Transformer Vault For A New Building At 160

14th Street To Encroach Under The Public Sidewalk Along 14th Street (06-0230)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Rehabilitation of Sanitary Sewers - Nairobi Place

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Reject All Bids

And Negotiate With The Bidders (Starting With The Lowest Bidder, And If Necessary, With

The Second And Third Bidders) And Execute A Construction Contract For The Rehabilitation

Of Sanitary Sewers In The Easement Off Nairobi Place (Project No. C67310) For An Amount

Not To Exceed Six Hundred Eighteen Thousand Nine Hundred Twenty Dollars ($618,920.00)

Without Return To Council (06-0268)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Willow Park Renovation

From: Public Works Agency

Recommendation: Adopt A Resolution Rejecting All Bids And Authorizing The City

Administrator To Negotiate Or Re-Bid, Award And Execute A Construction Contract, Without

Return To Council, For The Construction Of Willow Park Renovation Project (No. C195910)

In An Amount Not-To-Exceed Seven Hundred Fifty-Six Thousand Dollars ($756,000.00)

(06-0269)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: BART Earthquake Safety

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A

Cooperative Agreement With The San Francisco Bay Area Rapid Transit (BART) District

Relating To The BART Earthquake Safety Program And To Negotiate Reimbursements And

Permits (06-0270)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Peralta Hacienda Historical Park Phase IIIA

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Increase The

Change Order Limit To Two Hundred Thousand Dollars ($200,000.00) For The Construction

Contract With Bay Construction For The Peralta Hacienda Historical Park Phase IIIA

Landscape Improvement Project (Project No. C196710) For A Total Contract Amount

Not-To-Exceed One Million Seventy-Four Thousand Five Hundred Dollars ($1,074,500.00)

(06-0271)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Wildfire Prevention Assessment District

From: Office Of The City Administrator

Recommendation: Adopt A Resolution Of Intention And Accepting The Fiscal Year 2006-2007

Preliminary Engineer's Report For The City Of Oakland Wildfire Prevention Assessment

District And Setting A Date For A Public Hearing (06-0261)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Agency/Councilmember Chang made a motion seconded by

Agency/Councilmember Reid confirming that there were no discussions

pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections,

the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang,

Nadel, Reid, Quan, Kernighan and President of the Council De La Fuente -8

Subject: Tax And Revenue Anticipation Notes

From: Finance and Management Agency

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

The Borrowing Of Funds For Fiscal Year 2006-2007 In An Amount Not To Exceed

$75,000,000 And The Issuance And Sale Of 2006-2007 Tax And Revenue Anticipation Notes

Therefore; Approving The Publication Of Notices In Connection With Such Sale, And

Authorizing The Award Of Such Notes Subject To Certain Conditions, And Certain Related

Matters (06-0265)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Series 2006, Measure G General Obligation Bonds

From: Finance and Management Agency

Recommendation: Adopt A Resolution Authorizing And Directing The Sale Of Not To Exceed

$21,000,000 Aggregate Principal Amount Of City Of Oakland, California, General Obligation

Bonds (Series 2006, Measure G) And Levying An Ad Valorem Tax With Respect Thereto;

Authorizing The Publication Of Notice Of Intention To Sell; Approving The Form Of And

Authorizing The Execution And Delivery Of A Fiscal Agent Agreement; Approving the Form

Of And Authorizing The Distribution Of A Preliminary Official Statement And Authorizing

Execution And Delivery Of An Official Statement; Approving The Retention Of Bond Counsel

And Other Agents; Authorizing Payment Of Costs Of Issuance; And Authorizing Necessary

Actions In Connection Therewith (06-0266)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Purchase Of Real Property At 450 Lancaster Street

From: Finance and Management Agency

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

The Exercise Of The Option To Purchase Real Property Located At 450 Lancaster Street For

The Oakland Museum Of California Pursuant To Resolution No. 76569, Authorizing A Lease

Of The Real Property To The Oakland Joint Powers Financing Authority, Authorizing A

Sublease Of The Real Property From The Oakland Joint Powers Financing Authority, And

Authorizing Of Tax-Exempt Lease Financing In An Amount Not To Exceed $5,000,000

(06-0267)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: One Year Extension For Audit Services

From: Finance and Management Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Authorizing The Agency Administrator To Enter Into A Contract

With Macias, Gini & Company, LLP For Audit Services For The Fiscal Year Ending June 30,

2006 (06-0287)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

2) A Resolution Authorizing The City Administrator To Enact A One-Year Extension With

Macias, Gini & Company, LLP To Provide Audit Services For Fiscal Year Ending June 30,

2006 In The Amount Not To Exceed $639,962 (06-0287-1)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Receive A City Auditor's Report Regarding A Resolution Authorizing The City

Administrator To Enact A One-Year Extension With Macias, Gini & Company, LLP To

Provide Audit Services For The Fiscal Year Ending June 30, 2006 In An Amount Not To

Exceed $639,962 (06-0287-2)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Green Building Guidelines

From: Councilmember Nadel, Councilmember Quan and Councilmember Brunner

Recommendation: Adopt A Resolution Providing, As Official City Reference Documents, The

Alameda County Residential Green Building Guidelines [For New Home Construction, Home

Re-Modeling And Multifamily Residential Development], U.S. Green Building Council's

LEED™ Rating Systems [For New Commercial Construction And Remodeling], And

Bay-Friendly Landscape Guidelines, And Recommending Their Use In The City Of Oakland

(06-0274)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

A motion was made by Councilmember Reid, seconded by Councilmember

Chang, including all the preceding items marked as having been adopted

on the Consent Agenda. The motion carried by the following vote:

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Agency/Councilmember Chang made a motion seconded by

Agency/Councilmember Reid confirming that there were no discussions

pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections,

the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang,

Nadel, Reid, Quan, Kernighan and President of the Council De La Fuente -8

Subject: Consolidated Plan Annual Action Plan For Housing And Community Development

From: Community And Economic Development Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution 1)

Authorizing The City Administrator To Prepare And Submit To The U.S. Department Of

Housing And Urban Development The Consolidated Plan Annual Action Plan For Fiscal Year

2006-2007; 2) Accepting And Appropriating Funds Totaling $15,365,549 For The HOME,

Emergency Shelter Grant, Housing Opportunities For Persons With AIDS, And The

Community Development Block Grant Programs; And 3) Allocating $1,839,260 Of Additional

Program Income Collected In Fiscal Year 2004-2005 To Make Payments Of The Fiscal Year

2006-2007 Regular Section 108 Loan And The Section 108 Loan Used For The Martin Luther

King, Jr. Plaza Project (06-0177)

ORA\Councilmember Abstained: 1 - Councilmember Kernighan

ORA\Councilmember Noes: 1 - Councilmember Brooks

ORA\Councilmember Ayes: 6 - Councilmember Chang, Councilmember Nadel,

Councilmember Brunner, Vice Mayor Quan, President of the Council De La

Fuente and Councilmember Reid

Upon the reading of Item 14.1 by the City Clerk, the Public Hearing was

opened at 7:30 PM

Agency/Councilmember Nadel made a motion, seconded by

Agency/Councilmember Chang, to close the Public Hearing, and hearing no

objections, the motion passed by Ayes: Agency/Councilmember: Brunner,

Chang, Nadel, Reid, Quan, and President of the Council De La Fuente -6;

Noes: Agency/Councilmember Brooks-1; Abstentions: Agency/Councilmember

Kerrnighan-1

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

- Hugh Bassette

Subject: Tree Appeal - 6515 Snake Road

From: Public Works Agency

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

Denying The Appeal Filed By Irving and Muriel Schnayer Against The Decision Of The Public

Works Agency Approving The Issuance Of Tree Removal Permit DR05-123 For An

Undeveloped Lot On Snake Road (06-0033)

As a Public Hearing

The following individual(s) spoke against this item:

- Muriel M. Schnayer

The following individual(s) spoke in favor this item:

- David Eikel

- Jackson Mosher

Subject: Winter Storms - Local Emergency

From: Oakland Fire Department

Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency Due

To Winter Storms First Proclaimed By The City Of Oakland On January 5, 2006 (06-0312)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Regional Blueprint Planning Program

From: Councilmember Brunner

Recommendation: Receive A Presentation From Ted Drottbloom, Regional Planning Program

Director For The Joint Policy Committee Of The Metropolitan Transportation Commission,

The Association Of Bay Area Governments And The Bay Area Air Quality Management

District On Focusing Our Vision (Also Known As Regional Blueprint Planning Program) With

An Emphasis On Ways That Focusing Our Vision Will Help The Region And Oakland Meet

Housing Needs And Implement Smart Growth Strategies (06-0229)

ORA\Councilmember Absent: 1 - Councilmember Reid

ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente and Councilmember Brooks

The Roll Call was modified to note Councilmember Reid present at 8:20 PM.

The Roll Call was modified to note Councilmember Nadel absent at 8:25 PM.

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

Subject: BART Oakland Airport Connector

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A

Cooperative Agreement With The San Francisco Bay Area Rapid Transit District (BART)

Relating To The Oakland Airport Connector Project And To Negotiate Reimbursements And

Permits (06-0232)

ORA\Councilmember Absent: 1 - Councilmember Nadel

ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember

Kernighan, Councilmember Brunner, Vice Mayor Quan, President of the

Council De La Fuente, Councilmember Brooks and Councilmember Reid

Subject: Federal Surface Transportation Program

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For,

Accept, And Appropriate $2,486,000.00 Of Federal Surface Transportation Program (STP)

Funds For Street Rehabilitation (06-0235)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Contract Management Recommendations

From: Finance And Management Agency

Recommendation: Receive A Report On The Budget Advisory Commission's Recommendation

Concerning Contract Management (06-0208)

ORA\Councilmember Absent: 1 - President of the Council De La Fuente

ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

Councilmember Brooks and Councilmember Reid

The Roll Call was modified to note Council President De La Fuente present at

8:50 PM.

The following individual(s) spoke and did not indicate a position on this item:

- Sanjiv Handa

Subject: Vacancy Report - Follow Up

From: Finance And Management Agency

Recommendation: Receive A Report On The Current Number Of Authorized Vacancies For

Fiscal Year 2005-2006 (06-0210)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Oakland Airport Connector Project

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Authorizing An Agency Payment To The City Under The

Cooperation Agreement In An Amount Not To Exceed $725,000 To Cover The City's Costs

For Plan Review, Construction Monitoring And Administration For The Oakland Airport

Connector Project; And (06-0187)

ORA\Councilmember Absent: 1 - Councilmember Nadel

ORA\Councilmember Ayes: 7 - Councilmember Chang, Councilmember

Kernighan, Councilmember Brunner, Vice Mayor Quan, President of the

Council De La Fuente, Councilmember Brooks and Councilmember Reid

2) A Resolution Accepting A Contribution Of Funds From The Redevelopment Agency Under

The Cooperation Agreement In An Amount Not To Exceed $725,000 To Cover The City's

Costs For Plan Review, Construction Monitoring, And Administration For The Oakland

Airport Connector Project (06-0187-1)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Oakland Airport Connector Project

From: Office Of The City Auditor

Recommendation: Receive A City Auditor's Report Regarding:

1) An Agency Resolution Authorizing An Agency Payment To The City Under The

Cooperation Agreement In An Amount Not To Exceed $725,000 To Cover The City's Costs

For Plan Review, Construction Monitoring And Administration For The Oakland Airport

Connector Project And 2) A Resolution Accepting A Contribution Of Funds From The

Redevelopment Agency Under The Cooperation Agreement In An Amount Not To Exceed

$725,000 To Cover The City's Costs For Plan Review, Construction Monitoring, And

Administration For The Oakland Airport Connector Project (06-0187-2)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Measure DD

From: Councilmember Nadel

Recommendation: Receive A Report On The Measure DD Lake Merritt Projects And

Recommendations On Potential Alternatives For Action

Staff Recommendations: 1) Remove 224 Trees Existing Trees; 2) Proceed With The Currently

Proposed Roadway Improvements On 12th Street, On Lakeshore Avenue, and at El

Embarcadero; 3) The Construction Of A 52-space Parking Lot North Of The Municipal

Boathouse As Originally Proposed And Designed; 4) New Exterior Restroom Be Moved From

Its Originally Planned Position At The Far North End Of The Proposed Parking Lot To A New

Position That Is At The South End Of The Proposed Parking Lot; and 5) Reconfiguration Of El

Embarcadero Be Constructed As Originally Planned With The Closure Of The South Traffic

Couplet, And The Conversion Of The North Traffic Couplet To Two-Way Traffic (One Lane

Westbound And Two Lanes Eastbound). (06-0195)

A motion was made by Councilmember Brunner, seconded by

Councilmember Brooks, that this matter be Approve as Amended. The

motion carried by the following vote:

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Agency/Councilmember Brunner made a motion seconded by

Agency/Councilmember Brooks to only approve recommendations 2, 4 & 5 as

submitted and hearing no objections, the motion passed by Ayes:

Agency/Councilmember: Brooks, Brunner, Chang, Kernighan, Nadel, Reid,

Quan, and President of the Council De La Fuente -8

Staff was also directed to schedule recommendations 1 and 3 for discussion at a

future meeting.

The following individual(s) spoke in favor of this item:

- James Vann

- John Wilson

- Dick Hughes

- Heath Maddox

- Eric Robbins

The following individual(s) spoke against this item:

- Lisa Ruth Shulman

- Joseph Matera

- David Gill

- Nancy Rieser

- David Mix

- Geoffry Fry

- Carly Petersen

- James Yow

The following individual(s) spoke and did not indicate a position on this item:

- David Bolanos

- Sanjiv Handa

Subject: Youth Advisory Commission - Reappointments

From: Office of the Mayor

Recommendation: Adopt A Resolution Reappointing Edward Baraona, Glenda Frost, Malcolm

Gaines, Craig Gentry, Katrina Gilbert, Breanne Camille Gladney, Connie Ip, Olivia Lau, Rocio

Molina, Jasmine Moore, Andy Nguyen, Rickey Michael Robinson, Renato Rocha, Annie

Takahashi, Diana Tran, Patrick Sean Weston, And Lafiea Gary As Members Of The Youth

Advisory Commission ( 06-0317)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Public Ethics Commission Appointment

From: Office of the Mayor

Recommendation: Adopt A Resolution Appointing John Hancock As A Member Of The Public

Ethics Commission (06-0318)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Carry Forward Violence Prevention Program Funds

From: Department Of Human Services

Recommendation: Action On A Report And Recommendations Regarding The Use Of An

Estimated $4.4 Million In Carry Forward Violence Prevention Program Funds From the

Violence Prevention And Public Safety Act of 2004 From Fiscal Year 2005-2006

Staff Recommendations: 1) Supporting Current Measure Y: VPPSA Efforts By Strengthening

Facility Infrastructures (Teen Centers And Safe House For Sexually Exploited Minors). 2)

Investing In Strategies That Will Ensure The Fund Is Stable And Accountable (Funding A

Contract Where There Is A Gap In Services, A Database, Technical Assistance And Reserve

Fund) And Adopt The Following Pieces Of Legislation: (06-0190)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

A Resolution Authorizing The City Administrator To Enter Into An Agreement For $190,000

Between The City Of Oakland And The Family Violence Law Center To Support The Family

Violence Intervention Unit For Fiscal Year 2005-2006; and (06-0190-1)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

A Resolution Authorizing The City Administrator To Enter Into An Agreement For $200,000

Per Year For Five Years Between The City Of Oakland And Youth UpRising To Support

Operational Costs From July 1, 2006 Through June 30, 2011 (06-0190-2)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Subject: Non-Profit And Public Agencies Grant Agreements

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And

Execute Grant Agreements Between The City Of Oakland And Various Non-Profit And Public

Agencies To Provide Violence Prevention Services For The Period July 1, 2006 To June 30,

2007, With Two One-Year Options To Renew In Accordance With The Violence Prevention

And Public Safety Act Of 2004 In An Amount Not To Exceed $3,714,076 (06-0191)

ORA\Councilmember Ayes: 8 - Councilmember Chang, Councilmember Nadel,

Councilmember Kernighan, Councilmember Brunner, Vice Mayor Quan,

President of the Council De La Fuente, Councilmember Brooks and

Councilmember Reid

Americans With Disabilities Act

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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 - Agenda Management Unit

Phone: (510) 238-6406

Fax: (510) 238-6699

Recorded Agenda: (510) 238-2386

Telecommunications Display Device: (510) 839-6451 (TDD)