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: Jane Brunner, Dist. 1; Patricia Kernighan, Dist.

2; Nancy Nadel, Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry

Reid, Dist. 7; Vice Mayor Henry Chang, At-Large, and President Ignacio

De La Fuente, Dist. 5

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.

Approval of the Draft Minutes from the Concurrent and Special Meetings of the Oakland

Redevelopment Agency/City Council held on January 8, 2007, January 9, 2007, January

16, 2007, and January 23, 2007

Subject: Oakland Youth Orchestra Recognition

From: Councilmember Jean Quan

Recommendation: Adopt A Resolution Commending Oakland Youth Orchestra On Its

43rd Season Of Outstanding Musical Performances

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: James Goodrum - 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 James Goodrum v. City of Oakland, et al.,

Superior Court, County Of Alameda, Case No. RG05248882, In The Amount of

$23,500.00 As A Result Of A Trip And Fall Accident On Bergedo Drive, Oakland,

October 20, 2004 (Public Works Agency – Trip and Fall Accident)

Subject: Jane Doe and Mary Roe - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Settle The Case Of Jane Doe And Mary Roe V. City Of Oakland And Richard Valerga,

U.S. Northern District Court Action No. C06-02424 MHP (JCS), Our File No. X02828,

In The Amount Of $190,000.00. This Case Involves Unwarranted Stops And Improper

Conduct On The Basis Of Race/Ethnicity And Gender (Oakland Police

Department-Alleged Civil Rights Violation)

Subject: Steve Frasier - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Compromise And Settle The Case Of Steve Frasier V. City Of Oakland, Alameda

County Superior Court Case No. RG03-080150, Our File No. 21814 In The Amount Of

$30,000.00. This Case Involves Allegations That The City Failed To Amend Its Parking

Meter Ordinance (Public Works Agency)

Subject: Linda Yin Wong and Marie C. Tran - 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 Linda Yin Wong And Marie C. Tran In The

Amount Of $6,000 As A Result Of A Trip And Fall On The Sidewalk (PWA)

Subject: Joyce Denyven - 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 Joyce Denyven In The Amount Of Ten Thousand

Dollars And No Cents ($10,000.00), As A Result Of Bodily Injury Damages Sustained In

A Trip And Fall Incident On A City Sidewalk Damages By A City Tree On June 28,

2006. (PUBLIC WORKS AGENCY)

Subject: RP Bayrock I LLC - Conditional Encroachment Permit

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Granting RP Bayrock I LLC A Revocable And

Conditional Permit To Allow Vaults And Electrical Transformers For A New Building

At 620 Broadway To Encroach Under The Public Sidewalk Along 6th Street For The 8

Orchids Project

Subject: Police Administration Building Seismic Retrofit

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Acceptance And Appropriation Of A

Grant From The Earthquake Safety And Public Building Rehabilitation Bond Act Of

1990 In The Amount Of Five Hundred Thousand Dollars ($500,000.00) For The Police

Administration Building Weak Story Seismic Retrofit Project

Subject: Equipment Lease-Purchase Agreements

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To

Appropriate Two Million Three Hundred Seventy-Seven Thousand Fifty Dollars

($2,377,050.00) In Interest Earnings From The 2000 And 2002 Equipment Master

Lease-Purchase Agreements To Fund The Purchase Of Sixty-Nine Replacement Marked

Police Patrol Vehicles

Subject: Public Service Easements - Asiameriland Corporation

From: Community and Economic Development Agency

Recommendation: Adopt A Resolution Summarily Vacating Two Public Service

Easements To Asiameriland Corporation For Parcel Map 8290 On 73rd Avenue

Subject: Peralta Hacienda Park - Round Three

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply

For, Accept, And Appropriate Grant Funds From The California Cultural And Historical

Endowment (CCHE) For Round Three Under State Of California Proposition 40 (Clean

Water, Clean Air, Safe Parks, And Coastal Protection Act Of 2002), For Peralta

Hacienda Historical Park In An Amount Up To One Million Eight Hundred And Fifty

Thousand Dollars ($1,850,000.00)

Subject: Project Choice Model Case Management Service Agreement

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute

An Agreement Between The City Of Oakland And Volunteers of America, Bay Area,

Inc. For An Amount Not To Exceed $81,869 To Provide Project Choice Model Case

Management In Accordance With The Violence Prevention And Public Safety Act Of

2004 For The Period Of January 1, 2007 To June 30, 2007 With Two One-Year Options

To Renew For Amounts Not To Exceed $163,738 Per Year

Subject: A Community Response and Support Network - Contract

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute

Agreements Between The City Of Oakland And Catholic Charities Of The East Bay For

An Amount Not To Exceed $300,000 To Provide A Community Response And Support

Network (CRSN) To Respond To Oakland Homicides, $100,000 To The Alameda

County Health Care Services Agency To Provide Coordination And Mental Health

Services To CRSN Participants And $65,000 To Youth Alive! To Provide The Caught In

The Crossfire Program At Highland Hospital In Accordance With The Violence

Prevention And Public Safety Act Of 2004 For The Period Of February 1, 2007 To

January 31, 2008 With A One-Year Option To Renew

The January 23, 2007 Public Safety Committee approved

recommendations and directed staff to specify the amount of leveraged

dollars and matching funds in future reports; 3 Ayes, 1 Excused - Reid

Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her

Designee To Enter Into A Memorandum Of Understanding With Alameda County, City

And County Of San Francisco, City Of San Jose And Santa Clara County To Establish

An Approval Authority Responsible For The Distribution Of The Fiscal Year 2006

Urban Area Security Initiative Grant Funds

The January 23, 2007 Public Safety Committee approved

recommendations and directed staff to report back in March/April 2007

with information regarding how the money is being spent on the twelve

initiatives and the hiring of planners; 3 Ayes, 1 Excused - Reid

Subject: Various Emergency Services Grants

From: Oakland Fire Department

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

And Appropriate A Grant For Thirty Five Thousand Dollars ($35,000.00) For The Period

January 1, 2006 To October 31, 2007 Federal Fiscal Year 2005 And Fiscal Year 2006,

From The State Of California's Homeland Security Grant Program For Community

Emergency Response Team (CERT) Enhancement And Citizen Corps Council Projects,

Awarded And Administered By The Alameda County Operational Area To The City Of

Oakland Office Of Emergency Services (OES) For The Citizens Of Oakland Respond To

Emergencies (CORE) Program, And, If CERT Grant Funding Is Increased, Accept And

Appropriate Additional CERT Grant Funds As Described Above Without Return To

Council

Subject: Amendment To The Conflict of Interest Code

From: Office Of The City Attorney

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 Covered By The Code

Introduction (First Reading) was approved on January 16, 2007 as

amended to reflect changes to the designated positions for the City Clerk's

office as follows: the following positions were deleted: Administrative

Services Manager II and Project Manager; the following position was

added: Management Assisstant; 8 Ayes

From: Community and Economic Development Agency

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

Adopting A Two-Year Pilot Mills Act Property Tax Abatement Program For Qualified

Historic Properties, And Making Related Amendments To The City's Master Fee

Schedule; And

Subject: Final Tract Map 7396 - Approvals

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Conditionally Approving The Final Map For Tract 7396 For The Siena

Hill Residential Subdivision At 4301 Keller Avenue And Conditionally Accepting

Irrevocable Offers Of Dedication For Public Access And Public Utility Easements; And

2) A Resolution Conditionally Approving A Subdivision Improvement Agreement With

Siena Homes LLC For The Final Map For Tract 7396 For The Siena Hill Subdivision

For Construction Of Public Infrastructure Improvements At 4301 Keller Avenue

Subject: Priority Project Funds - District 7

From: Councilmember Larry Reid

Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of $10,000

From Councilmember Larry E. Reid's Priority Project Funds To East Oakland Senior

Citizens, Inc.

Subject: Councilmembers Larry Reid And Jean Quan - Travel Authorization

From: Councilmembers Larry Reid and Jean Quan

Recommendation: Adopt A Resolution Authorizing Councilmember Larry Reid And

Councilmember Jean Quan To Travel To Washington, DC To Attend The National

League Of Cities 2007 Annual Conference From March 10-14, 2007

Subject: Traffic Impact Program

From: Community and Economic Development Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The

Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) Of An Ordinance Amending The Oakland

Municipal Code Title 10, Adding Chapter 70, Establishing A Traffic Impact Program

(TIP) Pursuant To California Government Code Sections 66000 Through 66025

(Mitigation Fee Act) For The Southeast Portion Of The City Of Oakland, Including

Procedural Requirements For The Adoption, Imposition, And Adjustment Of Traffic

Impact Fees (TIF); And

2) A Resolution Establishing A Traffic Impact Fee (TIF) Pursuant To Adoption And

Implementation Of The Traffic Impact Program (TIP) For The Southeastern Portion Of

The City Of Oakland, Including The Adoption And Imposition Of Traffic Impact Fees

(TIF) And Designated Projects For Fiscal Year 2007-2009

The January 23, 2007 Community and Economic Development Committee

approved recommendations and directed staff to forward a scheduling

request to the Rules and Legislation Committee regarding the issue of

major development projects paying their fair share of traffic impact fees; 3

Ayes, 1 No - Reid

Subject: Oakland Garden Hotel, LLC - Agreement

From: Community and Economic Development Agency

Recommendation: Adopt the Following Pieces Of Legislation:

1) An Agency Resolution Pursuant To Section 4.9.2 And 11.2 Of The Disposition And

Development Agreement Between The Oakland Redevelopment Agency And Oakland

Garden Hotel LLC, Authorizing The Agency Administrator To Approve The Transfer Of

Ownership Of The Oakland Garden Hotel To The CIM Group; And

2) A Resolution Pursuant To Section 10. Of The Hyatt Regency Oakland Hotel Ground

Lease Between The City Of Oakland And Oakland Renaissance Associates Authorizing

The City Administrator To Approve The Assignment Of The Ground Lease And The

Sale Of The Marriott Hotel To The CIM Group, And To Accept All Payments Due The

City

Subject: Universal Waste Initiatives

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Pursue And

Support Statewide And Local Legislative And Other Initiatives To Hold Producers

Responsible For Product Waste, Starting With Products Defined As Universal Waste

The January 23, 2007 Public Works Committee approved

recommendations as amended to add a fourth resolved, "that the City will

collaborate with the Association of Bay Area Governments (ABAG) on

issues of waste reduction; 4 Ayes

Subject: Main Library Teen Zone Improvements

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her

Designee, To Award A Construction Contract For The Main Library Teen Zone

Improvements Project In Accord With Specification No. P241410 To Harding

Construction Inc. In The Amount Of Two Hundred Seventy-Four Thousand Dollars

($274,000.00) And To Appropriate Three Hundred Thirty Three Thousand Ten Dollars

($333,010.00) To The Main Library Teen Zone Improvements Project From The

Oakland Public Library Trust Fund

The January 23, 2007 Public Works Committee approved

recommendations and directed staff to introduce the selected prime

contractor to local electrical subcontractors and to forward a scheduling

request to the Rules and Legislation Committee on a policy of providing

incentives to prime contractors to select local subcontractors in future

projects; 4 Ayes

Subject: Cale Parking Systems Contract

From: Finance and Management Agency

Recommendation: Adopt A Resolution Awarding A Contract To Cale Parking Systems

USA, Inc., To Purchase And Install Approximately Five Hundred (500) Multi-Space Pay

And Display Parking Meters In Accordance With Specification No. 06-550-38-1 In An

Amount Not-To-Exceed Four Million, Five Hundred Thousand Dollars ($4,500,000.00),

And Authorizing The City Administrator To Proceed With A Competitive Process For A

Finance Lease Company To Finance The Multi-Space Pay And Display Parking Meters

(TITLE CHANGE)

The January 23, 2007 Finance and Management Committee approved

recommendations and directed staff to amend the resolution with the

following: Clarify that there would be no reduction in staff or salaries

during the 18 month pilot period; rewrite the first "further resolved" to

specifically state where the funding is coming from; and delete the words

without return to council from the resolution; 3 Ayes, 1 No De La Fuente

Subject: Conley Consulting - Agreement

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing A Professional Services

Agreement With Conley Consulting Group To Develop A Citywide Retail Recruitment

Strategy And Implementation Plan In An Amount Not To Exceed $436,720

The January 23, 2007 Community and Economic Development Committee

approved recommendations and directed staff to ensure that a strong

implementation plan is utilized based on the findings from the study; 4

Ayes

Subject: Oakland Ice Center Contract

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing A Three-Year Operations

And Management Agreement With San Jose Arena Management, LLC For The Oakland

Ice Center For A Negotiated Annual Fee Based On A Percentage Of Net Revenue,

Pursuant To Specific Criteria (TITLE CHANGE)

The January 23, 2007 Community and Economic Development Committee

approved recommendations as amended to direct staff to negotiate a

three-year contract with San Jose Management, LLC (SJAM) with the

following additional requirements: 1) Make sure the facility offers a

balanced and diverse program for residents and children; 2) an option for

the possible allocation of resources for maintenance; and 3) if a City or

Agency subsidy is given to the Oakland Ice Rink, the Rink operator shall

offer a free day for Oakland Unified School District students, similar to

that done for the Oakland Zoo and Children's Fairyland. 3 Ayes, 1 No -

Reid

Subject: Tobacco Shop - Moratorium

From: Councilmember Larry Reid

Recommendation: Adopt An Interim Ordinance Of The City Of Oakland Adopted As An

Urgency Measure Pursuant To California Government Code Section 65858 Making

Findings And Establishing A Temporary Moratorium On The Establishment Of Any

New Activity Or Facility Selling Tobacco Or Tobacco Related Products Or Paraphernalia

Pursuant to California Government Code Section 65858, Introduction and

adoption of this ordinance requires a vote of 4/5 of the members (7

Affirmative Votes). This ordinance is introduced and adopted at the same

meeting and it is in effect immediately for a 45 day period upon adoption.

Subject: Mayor's Salary

From: Office of the City Administrator

Recommendation: Adopt A Resolution Establishing The Salary And Salary Range For

The Mayor Of The City Of Oakland, Pursuant To The Oakland City Charter, Article III,

Section 300

Subject: Mayor's Salary

From: Office Of The City Administrator

Recommendation: Action On A Report Calculating The Salary Of The Mayor Of The

City Of Oakland, In Conformance With The Procedures Set Forth In Article III, Section

300 Of The Oakland City Charter

The January 25, 2007 Rules and Legislation Committee approved a motion

by Vice Mayor Chang to approve recommendations and set the Mayor's

salary at 80% of the average estimated at $163,000, Councilmember Reid

seconded the motion at 84% for the estimated salary of $163,000; 3 Ayes, 1

Excused - Brunner

Subject: Coliseum Authority Board Appointment

From: Council President Ignacio De La Fuente

Recommendation: Adopt A Resolution Appointing Gerorgia W. Richardson As A

Member Of The Oakland-Alameda County Coliseum Authority Board Of

Commissioners

Subject: City-Port Liaison Committee Appointments

From: Council President De La Fuente

Recommendation: Action On A Report Pursuant To The Council's Rules Of Procedure

(Resolution No. 79006 C.M.S.) To Confirm The City Council President's Appointments

Of The Members Of The City-Port Liaison Committee

Subject: McKillop Roadway - Landslide Damage

From: Public Works Agency

Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency

Due To Landslide Damage To McKillop Roadway First Proclaimed By the City Of

Oakland On October 17, 2006

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 - Agenda Management Unit

Phone: (510) 238-6406

Fax: (510) 238-6699

Recorded Agenda: (510) 238-2386

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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.