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

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: Mayor Proclamation - Oakland's One City, One Book Campaign

From: Oakland Public Library

Recommendation: Receive A Mayoral Proclamation To Kick-Off Oakland's One City,

One Book Campaign Featuring The Book Mistress Of Spices, By Chitra Divakaruni

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: Oakland Redevelopment Agency V. Fung - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To

Compromise And Settle The Case Of Oakland Redevelopment Agency V. Fung, Et Al,

In The Amount Of $500,000, As A Result Of An Eminent Domain Action Commenced

By The Redevelopment Agency To Facilitate The Uptown Project Development

Subject: Oakland Redevelopment Agency V. Viacom Outdoor, Inc., - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To

Compromise And Settle The Case Of Oakland Redevelopment Agency V. Viacom

Outdoor, Inc., In The Amount Of $140,000, Plus Interest From July 15, 2005, As A

Council discussed this item in closed session on December 20, 2005. Motion

authorizing settlement passed with 5 Ayes, 1 Abstain - Brunner, 1 Absent -

Kernighan, 1 Excused - Brooks

Subject: Vacating Ferro Street

From: Community And Economic Development Agency

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

Conditionally Vacating Ferro Street To The Port Of Oakland From Its Intersection With

Middle Harbor Road To Its Western Terminus

Subject: Nonexclusive Storm Drain Easement

From: Community And Economic Development Agency

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

Authorizing The Granting Of A Nonexclusive Permanent Storm Drain Easement Of 479

Square Feet On City Owned Property Located At 105th Avenue, Oakland (APN #

045-5370-020-01) To Marinwoods Enterprises, Inc. For The Appraised Market Value Of

$2,500 Plus Master Fee Schedule Fees

Subject: Delinquent Business Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For

Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces

Of Legislation:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The

Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming

The Recordation Of Liens, Administrative Charges And Assessment Charges As

Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And

Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The

County For Collection; or

2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The

City Administrator On The Delinquent Business Taxes, And Confirming The

Recordation Of Liens, Administrative Charges, And Assessment Charges As Necessary -

Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The

Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax

Collector For Collection; or

3) A Resolution Continuing Hearing On Reports Of The City Administrator On The

Delinquent Business Taxes, And Confirming Of The Recordation Of Liens,

Administrative Charges And Assessment Charges, As Necessary - Pursuant To Title 5,

Chapter 5.04 Of The Oakland Municipal Code

Subject: Delinquent Transient Occupancy Taxes - Public Hearing

From: Finance And Management Agency

Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For

Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The

Following Resolutions:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The

Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And

Confirming The Recordation Of Liens, Administrative Charges, And Assessment

Charges As Necessary Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal

Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over

To The County For Collection; Or

2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The

City Administrator On The Delinquent Transient Occupancy Taxes And Confirming The

Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary

Pursuant To Title 4, Chapter 4.24 Of The Oakland Municipal Code, And Directing The

Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax

Collector For Collection; Or

3) A Resolution Continuing Hearing On Reports Of The City Administrator On The

Delinquent Transient Occupancy Taxes And Confirming The Recordation Of Liens,

Administrative Charges And Assessment Charges As Necessary Pursuant To Title 4,

Chapter 4.24 Of The Oakland Municipal Code

Subject: Delinquent Mandatory Garbage Fees - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing Regarding Delinquent Mandatory Garbage

Fees For April/May/June 2005 Monthly Accounts And July/August/September 2005

Quarterly Accounts And Upon Conclusion Adopt One Of The Following Resolutions:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The

Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees, And

Confirming The Recordation Of Liens, Administrative Charges, And Assessment

Charges, As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code,

And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The

County Tax Collector For Collection; or

2) A Resolution Overruling Protests And Objections, And Accepting And Confirming

Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For

Delinquent Garbage Service Fees, And Authorizing The Recordation Of Liens,

Administrative Charges, As Necessary - Pursuant To Chapter 8.28 Of The Oakland

Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be

Turned Over To The County Tax Collector For Collection; or

3) A Resolution Continuing Hearing On Reports Of The City Administrator On The

Delinquent Garbage Services Fees And Confirming Of The Recordation Of Liens,

Administrative Charges, And Assessment Charges, As Necessary - Pursuant To Chapter

8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And

Assessment Charges To Be Turned Over To The Alameda County Tax Collector For

Collections

Subject: Delinquent Real Property Transfer Taxes - Public Hearing

From: Finance and Management Agency

Recommendation: Conduct A Public Hearing Regarding The Assessment Of Liens For

Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The

Following Resolutions:

1) A Resolution Accepting And Confirming Reports Of The City Administrator On The

Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes,

And Confirming The Recordation Of Liens, Administrative Charges, And Assessment

Charges, As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code,

And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The

County Tax Collector For Collection; or

2) A Resolution Overruling Protests And Objections And Accepting And Confirming

Reports Of The City Administrator On The Cost Incurred By The City Of Oakland For

Delinquent Real Property Transfer Taxes, And Authorizing The Recordation Of Liens,

Administrative Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland

Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be

Turned Over To The County Tax Collector For Collection; or

3) A Resolution Continuing Hearing On Reports Of The City Administrator On The

Delinquent Real Property Transfer Taxes And Confirming Of The Recordation Of Liens,

Administrative Charges, And Assessment Charges As Necessary - Pursuant To Chapter

4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And

Assessment Charges To Be Turned Over To The Alameda County Tax Collector For

Collections

Subject: Taxi Medallion Number 303

From: Office of the City Administrator

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

Affirming Administrative Hearing Officer's Revocation Of Taxi Medallion (Vehicle

Operating Permit) Number 303

Subject: Election Of Vice Mayor

From: Office of the City Clerk

Recommendation: Adopt A Resolution Electing Councilmember ____________ As Vice

Mayor Of The City Council Of The City Of Oakland For The Term Beginning January 3,

2006 And Ending January 3, 2007 Pursuant to City Charter Section 208

Subject: Amendment To Assembly Bill 1121 - A Moratorium On Executions

From: Councilmember Brooks

Recommendation: Adopt A Resolution Supporting AB 1121, Sponsored By Assembly

Member Koretz, Which Would Place A Moratorium On The Carrying Out Of Any

Executions In The State Of California Until Certain Criteria Are Met, Or, Failing That,

Until January 1, 2009. The Bill Would Also Make Findings And State Declarations Of

The Legislature Relative To The California Commission On The Fair Administration Of

Justice

Subject: Salary Ordinance - Amendment

From: Finance And Management Agency

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

Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (The Salary Ordinance)

To Add The Classifications Of Park Attendant, Senior Services Administrator, PPT And

Chief Conservator, To Amend The Title Of Executive Assistant To The Assistant City

Manager, And Increase The Salary Of Energy Engineer III (TITLE CHANGE)

Subject: Radio Equipment Upgrade

From: Finance And Management Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing The City Administrator Or Her Designee To Negotiate And

Execute An Agreement With Nextel Communications For The Replacement, Retuning,

Upgrade And Modification Of The City's 800 MHz Radio Equipment Per The FCC

Rebanding Agreement Without Return To Council

2) A Resolution Authorizing The City Administrator Or Her Designee To Allocate Funds

From The Radio Replacement Fund In An Amount Not To Exceed Three Million Dollars

($3,000,000.00) And Authorize The City Administrator To Execute A Contract With

Dailey-Wells Inc. For Project Engineering, Radio Replacement And Upgrades Without

Return To Council

3) A Resolution Authorizing The City Administrator Or Her Designee To Authorize Two

(2) Additional Positions For Project Management And Installation Coordination For A

Period Not To Exceed Three Years Without Return To Council

4) A Resolution Authorizing The City Administrator To Enter Into Cooperative

Agreements With Bay Area Rapid Transit District (BART) And The City Of Richmond

Allowing The Mutual Roaming Capabilities Of Public Safety Units On Each Of The

Radio Systems Without Return To Council; And

5) A Resolution Authorizing The City Administrator Or Her Designee To Execute A

Purchase Order With M/A-Com Inc. For Radio Parts And Materials For An Amount Not

To Exceed Five Hundred Thousand Dollars ($500,000.00) Per Year For Three (3) Years

Without Return To Council

Subject: Amicus Brief - O'Connell V. City Of Stockton

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing The City Attorney To Join In An

Amicus Brief To The California Supreme Court Regarding The Case Of O'Connell V.

City Of Stockton To Protect Oakland’s Beat Feet And Sideshow Vehicle Forfeiture

Ordinances

Subject: Barry Pilger - Appointment

From: Vice Mayor Brunner

Recommendation: Adopt A Resolution Appointing Barry Pilger As A Member Of The

Budget Advisory Committee

Subject: Steve Splendorio And Bruce Nielsen - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Amending Resolution 79497 Authorizing And

Directing The City Attorney to Compromise And Settle The Case Of Steve Splendorio

And Bruce Nielsen, And Other Employees Similarly Situated (Plaintiffs) v. City Of

Oakland, Et. Al, (Defendants), United States District Court, Northern District Of

California, Case No. C044349-CW, As Follows: (1) City Shall Pay A Total Amount

Ranging Between $916,506 And $1,300,000 As Compensation To Qualifying Members

Of Local 55 For Incorrect FLSA Overtime Calculations

This item requires an urgency finding pursuant to Section 2.20.080 E(2) of

the Sunshine Ordinance requiring a 2/3 majority vote.

Pursuant to Rule 28 of the Rules of Procedure Resolution Number 79006

C.M.S., this item was placed on the agenda for action by the City Council

for the following reason: 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.

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

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.

*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.