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Roll Call / ORA & Council

COUNCIL MEMBERS; Jane Brunner, Dist. 1; Danny Wan, Dist. 2; Vice Mayor Nancy Nadel,

Dist. 3; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry Chang, At-Large,

and President Ignacio De La Fuente, Dist. 5

Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item

from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting

as a non-consent item.

Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding

Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a

non-consent item. (Motion Maker must have voted on prevailing side)

Requests from Councilmember(s) to schedule an Action Item considered by Committee but

not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as

a non-consent item.

Subject: McClymonds Parent Academy

From: Vice Mayor Nadel

Recommendation: Adopt a Resolution recognizing the Contributions of the 7th

St. McClymonds Leadership and Engagement Initiative Parent Academy to the

City of Oakland

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: T.J. Robinson - 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 T.J. Robinson, in the amount of

sixteen thousand nine hundred sixty-two dollars and fifty cents ($16,962.50), as

a result of property damage sustained due to flooding caused by failure of the

City sewer Main (Public Works Agency)

Subject: Shirley and Fred Nase - 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 Shirley and Fred Nase, in the

amount of $16,890.00, as a result of property damages sustained due to

flooding caused by failure of the City sewer main (Public Works Agency)

Subject: E. 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 E. Lum, in the amount of five

thousand nine hundred eighty nine dollars and fifty cents ($5,989.50), as a

result of property damage sustained from tree roots from a City tree (Office of

Parks and Recreation)

From: Office of the City Attorney

Recommendation: Adopt a Resolution authorizing and directing the City

attorney to compromise and settle the case of Christopher Ellis v. city of

Oakland, et al., United States District court Case No. C01-4720 BZ, our file no.

X01231, in the amount of $30,000.00 as a result of excess force (Oakland

Police Department)

Subject: Alphonso Baker - 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 Alphonso Baker v. City of

Oakland, et al., United States District Court Case No. C02-0020 VRW, our file

no. 21725, in the amount of $15,000.00. This case involves claims of violations

of civil rights against an Oakland Police Officer (Oakland Police

Department-Police Conduct)

Subject: Donna Warnock - 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 Donna Warnock v. City of

Oakland, et al., Superior Court, County of Alameda, Case No. RG 03082646,

in the amount of $30,000.00 as a result of a trip and fall accident in front of 80

Bellevue Avenue, Oakland, on August 25, 2002 (Public Works Agency)

Subject: Bill Breidenbach - 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 Bill Breidenbach v. City of

Oakland, et al., Alameda County Superior Court Case No. 2002-053943, our

file no. 21856, in the amount of $25,000.00 as a result of an automobile

accident with an Oakland Police Department Patrol vehicle (Oakland Police

Department)

Subject: Mikhail Hoskins - 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 Mikhail Hoskins and Ford

Credit, in the amount of $6,131.11, as a result of property damage sustained in

an automobile collision while driving his personal vehicle for City business

(Oakland Fire Department)

Subject: Maureen Dorsey - 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 Maureen Dorsey, et al. v. City of

Oakland, et al., Alameda County Superior Court Case No. RG-03077607

10.11CC.pdf,

78285.pdf

Subject: Central District Urban Renewal Plan

From: Community and Economic Development Agency

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

Ordinance amending the Central District Urban Renewal Plan to eliminate the

time limit on establishing debt

10.12CC.pdf,

12570.pdf

Introduction (First Reading) was approved on December 16, 2003; Vote Count 8 Ayes

Subject: Master Fee Schedule

From: Finance and Management Agency

Recommendation: Approve the following legislation:

(1) Approve the Final Passage (Second Reading) of an Ordinance amending

Ordinance Number 9336 C.M.S. (Master Fee Schedule), as amended, to

increase the fee collected on delinquent accounts; to increase the fee imposed

for the delivery of information relating to Business Tax Certificates; to add a fee

for the administration of Promissory Notes; to add a fee for the recordation of

a release of lien; and to include in the Master Fee Schedule the fees imposed

for administrative service charges relating to Business Tax Liens and Real

Estate Transfer Tax Liens and codify the Business Tax Certificate

Replacement Fee in the Master Fee Schedule

10.13CC.pdf,

12568.pdf

Introduction (First Reading) was approved on December 16, 2003; Vote Count 8 Ayes

(2) Approve the Final Passage (Second Reading) of an Ordinance amending

Chapters 4.20 and 5.04 of the Oakland Municipal Code to remove the amount

of the Administrative Service charges imposed for Real Estate Transfer Tax

Liens, Business Tax Liens and for the issuance of duplicate Business Tax

Certificates

10.13CC.pdf,

12569.pdf

Introduction (First Reading) was approved on December 16, 2003; Vote Count 8 Ayes

Subject: 51st Street and Coronado Avenue - Surplus Real Property

From: Community and Economic Development Agency

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

Ordinance authorizing the City Manager to enter into an offer to purchase

agreement with John H. Jacobsen and Mara M. Jacobsen the adjoining

property owners for 1,500 square feet of surplus real property located at 51st

Street and Coronado Avenue for the fair market value of $1,500

10.14CC.pdf,

12571.pdf

Introduction (First Reading) was approved on December 16, 2003; Vote Count 8 Ayes

Subject: Summary Vacation of Sanitary Sewer Easement on Walker Avenue

From: Community and Economic Development Agency

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

Ordinance summarily vacating a five-foot wide sewer easement located on 711

Subject: Discrimination Based on Sexual Orientation

From: Vice Mayor Nadel; Councilmembers Wan and Quan

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

Ordinance updating language in the City Of Oakland's Municipal Code Chapter

9.44 discrimination based on sexual orientation and amending Section

9.44.010 definitions to include discrimination based on gender identity or

expression

Subject: Removal / Installation of Parking Meters

From: Public Works Agency

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

Ordinance approving the removal and installation of parking meters in the Jack

London District on portions of: Clay Street, Webster Street, Washington Street,

Martin Luther King, Jr. Way, Third Street, and Fourth Street

Subject: Creation of Special Assessment Districts - Public Hearing

From: Oakland Fire Department

Recommendation: Conduct a Public Hearing and upon conclusion adopt a

Resolution establishing the Oakland Wildfire Prevention Assessment District;

accepting and granting final approval of the engineer's report and assessment

district boundary map and description; making a determination with regard to

the majority protest procedure for approval of the assessments; creating the

district advisory board; and approving, adopting and levying the annual

assessment for the district (TITLE CHANGE)

Hearing

From: Community and Economic Development Agency

Recommendation: Conduct a Public Hearing and upon conclusion Adopt a

Resolution denying the appeal and sustaining the decision of the City Planning

Commission in approving the application for a Major Variance to reopen an

Alcoholic Beverage Sales Commercial Activity within 1,000 feet of a similar use

located at 4822 Telegraph Avenue, Oakland, Council District 1; Appellant

Larry Bellinger; Planning Commission Vote: 3 Ayes, 2 Noes

Subject: Election of Vice Mayor

From: Office of the City Clerk

Recommendation: Adopt a Resolution electing Councilmember Chang as Vice

Mayor of the City Council of the City of Oakland for the term beginning January

6, 2004 and ending January 3, 2005 pursuant to Oakland City Charter, Section

208

Subject: Cox, Castle, and Nicholson - Conflict of Interest

From: Office of the City Attorney

Recommendation: Adopt a Resolution waiving "Conflict of Interest" of law firm

of Cox, Castle, and Nicholson, and permitting the firm to represent MacArthur

Boulevard Associates regarding the redevelopment of the Foothill Square

Plaza in the Central City East Redevelopment Project Area

Subject: Risk Management Incentive Program

From: Office of the City Manager

Recommendation: Approve Recommendations regarding implementation of

the Risk Management Incentive Program

This item was continued from the November 4, 2003 City Council agenda.

Revised Recommendation: The Council directed staff to continue to review the City of

Phoenix Risk Management program and return with recommendations to the January 6,

2004 City Council meeting; 7 Ayes, 1 No -Wan

Subject: Inclusionary Zoning Study

From: Community and Economic Development Agency

Recommendation: Receive an Informational Report regarding Inclusionary

Zoning Programs in California Jurisdictions

This item was withdrawn and rescheduled from the December 16, 2003 City Council

agenda.

Revised Recommendation: The Community and Economic Development Committee

approved staff recommendations and forwarded the report to the City Council with

direction that: (1) the City encourage developers to voluntarily adopt inclusionary zoning

by offering incentives; (2) staff and City Council to work with the business community to

come up with proposals at the regional and state level; (3) work with Association of Bay

Area Governments for all cities to go forward with inclusionary zoning; 3 Ayes, 1

Absent - Chang

Americans With Disabilities Act

If you need special assistance to participate in Oakland City Council and

Committee meetings please contact the Office of the City Clerk. When

possible, please notify the City Clerk 48 hours prior to the meeting so we can

make reasonable arrangements to ensure accessibility. Also, in compliance

with Oakland's policy for people with environmental illness or multiple chemical

sensitivities, please refrain from wearing strongly scented products to

meetings.

Office of the City Clerk

Phone: (510) 238-7370

Fax: (510) 238-6699

Recorded Agenda (510) 238-2386

Telecommunications Display Device: (510) 839-6451