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.

Subject: Proposition 1B Transportation Infrastructure Programs

From: Public Works Agency

Recommendation: Receive A Presentation On State Infrastructure Bonds - Propositions

1B, 1C, 1D, 1E And Proposition 84 Approved By California Voters

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: Annabelle Joseph-Chevalier Settlement

From: Office of the City Attorney

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

Compromise And Settle The Case Of Annabelle Joseph-Chevalier v. City Of Oakland, et

al., And Related Cross-Action, Alameda County Superior Court No. RG05209387, Our

File No. 23924, In The Amount Of $16,000.00 (Public Works Agency - Trip And Fall)

Subject: Hodari Toure - 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 Hodari Toure v. City Of Oakland, Alameda County

Superior Court Case No. RG05-21544, Our File No. 24358, In The Amount Of Fifty

Thousand Dollars And No Cents ($50,000.00) (Police Department - Civil Rights

Violation, Excess Force)

Subject: Shawn Wrigley - Settlement Agreement

From: Office of the City Attorney

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

Settle The Case Of Shawn Wrigley v. City Of Oakland, et al., United States District

Court Case No. C 06- 00495 MJJ, Our File No. 24998, In The Amount Of $300,000.00.

This Case Involves Use Of Excessive Force. (Oakland Police Department–Alleged Civil

Rights Violation)

Subject: Traffic Impact Program

From: Community and Economic Development Agency

Recommendation: Approve The Final Passage (Second 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)

Subject: Rehabilitation of Sanitary Sewers - Project C227210

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Andes

Construction, Inc. For The Rehabilitation Of Sanitary Sewers In The Area Bounded By

Telegraph Avenue, 24th Street, Lee Street, Harrison Street And 20th Street - Part One

Sub-Basin 52-05 (Project No. C227210) For The Amount Of Four Million Three

Hundred Fifteen Thousand Five Hundred Thirty-Six Dollars ($4,315,536.00)

The February 13, 2007 Public Works Committee approved

recommendations and directed staff to address the following issues in

future contract reports: 1) history of the hours being given to Oakland

residents in local employment and apprenticeship programs; 2) make site

maintenance standards clear to project managers; and 3) tracking and

evaluation of new contracted companies on a regular basis; 4 Ayes

Subject: Sanitary Relief Sewers - Project Number C80010

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Mocon

Corporation For The Construction Of Sanitary Relief Sewers Along Wilson Avenue,

School Street, Coolidge Avenue, Brookdale Avenue, Maple Avenue And MacArthur

Boulevard (Project No. C80010) For The Amount Of Two Million Three Hundred

Fifty-Two Thousand Seven Hundred Forty-Five Dollars ($2,352,745.00)

Subject: Removal Of Residential Permit Parking

From: Public Works Agency

Recommendation: Adopt A Resolution Approving The Removal Of Residential Permit

Parking (RPP) On Hudson Street, Both Sides, From Boyd Avenue To Lawton Avenue In

RPP Area "C"

Subject: St. Francis Electric - Agreement

From: Public Works Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing The City Administrator, Or Her Designee, To Award A

Construction Contract To St. Francis Electric For The Oak Center Historical Marker

Project (No. P260210) In The Amount Of Four Hundred Fifty Three Thousand Three

Hundred Twenty Five Dollars ($453,325.00)

3) A Resolution Authorizing The City To Accept And Appropriate An Additional

Contribution Of Redevelopment Agency Oak Center Funds Under The Cooperation

Agreement In An Amount Not To Exceed $163,325 For The Construction Of The Oak

Center Historic Marker Project For A Total Agency Contribution Of $613,325

Subject: 81st Avenue Community Library Project

From: Oakland Public Library

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

Of The City Of Oakland, To Apply For, Accept, And Appropriate A Grant In The

Amount Of One Hundred Thousand Dollars ($100,000) From The Thomas J. Long

Foundation To Fund A Portion Of The Project Costs Of The 81st Avenue Community

Library

Subject: Macias, Gini, & O'Connell, LLP Contract Extension

From: Finance and Management Agency

Recommendation: Adopt The Following Pieces Of Legislation:

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

Contract With Macias, Gini & O'Connell, LLP To Provide Audit Services For Fiscal

Year End June 30, 2007 In The Amount Not To Exceed $659,161; And

2) An Agency Resolution Authorizing The Agency Administrator To Enact A One-Year

Extension Contract With Macias, Gini & O'Connell, LLP To Provide Audit Services For

Fiscal Year End June 30, 2007 In The Amount Not To Exceed $89,159

Subject: Transitional Housing Facilities Rehabilitation

From: Department of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply

For, Accept, And Appropriate Funding In An Amount Up To $1,000,000 From The State

Of California 2006-2007 Emergency Housing And Assistance Program (EHAP) For The

Rehabilitation Of The Henry Robinson Multi-Service Center, A City Owned Transitional

Housing Facility

Subject: Summer Reading Program

From: Oakland Public Library

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

Of The City Of Oakland, To Apply For, Accept, And Appropriate A Grant In The

Amount Of Fifty Nine Thousand Seven Hundred Dollars ($59,700) From The Stocker

Foundation For The Library's Summer Reading Program

Subject: Emergency Shelter Grant And Emergency Housing Program

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Extend

The Performance Period Of Existing Grant Agreements Under The Fiscal Year

2005-2006 Emergency Shelter Grant And Emergency Housing Program From The

January 31, 2007 End Date To June 30, 2007 And To Extend The Performance Period Of

Existing Agreements Under The Fiscal Year 2005-2006 Winter Relief Program From

The January 31, 2007 End Date To May 15, 2007 To Support Said Programs With

Available Program Balances From The Fiscal Year 2006-2007 Emergency Shelter Grant,

Emergency Housing And Winter Relief Program Years

Subject: East Bay Community Recovery Project - Agreement

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing A Professional Services Agreement

In An Amount Not To Exceed Twenty-One Thousand Dollars ($21,000) With The East

Bay Community Recovery Project - 14th Street Medical Clinic, For Medication Assisted

Therapy And Counseling Services For Opiate Addiction On Behalf Of The West

Oakland Weed And Seed Initiative

Subject: Oakland Youth Court - Title V Grant

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 Two Hundred Thousand Dollars ($200,000) From The State Of California,

Corrections Standards Authority, Title V Community Prevention Grants Program, And

Authorizing A Funding Agreement In An Amount Not To Exceed One Hundred Eighty

Thousand Dollars ($180,000) With The Donald P. McCullum Youth Court For Third

Year Program Implementation Of The Interface Project, And Appropriate Said Funds To

The Police Department

Subject: Project First

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 Two Hundred Thousand Dollars ($200,000) From The State Of California,

Corrections Standards Authority, Title V Community Prevention Grants Program, And

Authorize A Funding Agreement In An Amount Not To Exceed One Hundred Sixty

Thousand Dollars ($160,000) With The East Bay Community Foundation (Safe

Passages) For Third Year Program Implementation Of Project First, And Appropriate

Said Funds To The Police Department

Subject: The Paragon Project

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 Million Five Hundred Thousand Dollars ($1,500,000) From The State

Of California, Corrections Standards Authority, Title II Formula Grants Program, For

The Three-Year Program Term Of April 1, 2007 To March 30, 2010, And Authorizing A

Funding Agreement In An Amount Not To Exceed One Million Two Hundred Thousand

Dollars ($1,200,000) With The Donald P. McCullum Youth Court For Implementation

Of The Paragon Project, And Appropriate Said Funds To The Police Department

Subject: Oakland Youth Court - JAB Grant

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 Twenty-Two Thousand And Three Hundred And Fifty-Eight Dollars

($22,358) From The State Of California, Corrections Standards Authority, Juvenile

Accountability Block Grant (JABG) Program, And Authorizing A Funding Agreement In

An Amount Not To Exceed Fifteen Thousand Dollars ($15,000) With The Donald P.

McCullum Youth Court For Continued Program Implementation Of The Oakland Youth

Court, Interface Project, And Appropriate Said Funds To The Police Department

Subject: Bulletproof Vest Partnership

From: Oakland Police Department

Recommendation: Adopt A Resolution Amending Resolution No. 80028 C.M.S.

Authorizing The Acceptance And Appropriation Of Grant Funds In An Amount Not To

Exceed Six Thousand Seven Hundred And Eighty-Nine Dollars ($6,789) From The U.S.

Department Of Justice, Bureau Of Justice Assistance, Bulletproof Vest Partnership Grant

Program, And Authorizing The Acceptance And Appropriation Of Grant Funds In An

Amount Not To Exceed Fifty-Seven Thousand One Hundred And Fifty Dollars

($57,150) From The Bulletproof Vest Partnership Grant Program, And Appropriate Said

Funds To The Police Department

Subject: Revocation of Ten Taxi Cab Medallions

From: Office Of The City Administrator

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

Denying The Appeal Filed By Mr. And Mrs. Baljit Singh On Behalf Of Yellow Cab And

Denying The Appeal Filed By Enayat Aminy On Behalf Of East Bay Driver Association

Against The Administrative Hearing Officer's Decision To Revoke Ten Taxi Medallions

Issued To Yellow Cab Company

Subject: Citizen's Options For Public Safety Grant

From: Oakland Police Department

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

Implementing California Government Code Sections 30061-30065 And Appropriating

Eight Hundred And One Thousand Four Hundred And Twenty-Seven Dollars ($801,427)

In Eleventh Year Funding For The State Of California, "Citizen's Options For Public

Safety" (State COPS) Grant To The Police Department, And Approving The Fiscal Year

2006-2008 Spending Plan

Subject: Limitations On Residential Eminent Domain Authority

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 Adopting The First

Amendment To The Broadway/MacArthur/ San Pablo Redevelopment Plan To Limit

The Redevelopment Agency's Eminent Domain Authority Over Residential Property;

And

2) An Agency Resolution Approving And Recommending Adoption Of The First

Amendment To The Broadway/MacArthur/San Pablo Redevelopment Plan To Limit The

Redevelopment Agency's Eminent Domain Authority Over Residential Property

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.

Rules and Procedures Councilmember Chang made a motion seconded by

Councimember Nadel to pull this item from the February 6, 2007 Consent

Calendar and place on the February 20, 2007 City Council Agenda as A

Non-Consent item

Subject: Oakland Police Officers' Association Appeal

From: Finance and Management Agency

Recommendation: Adopt A Resolution Denying The Appeal Filed By The Oakland

Police Officers' Association ("OPOA") And Upholding The City Administrator's

Decision To Place The Deputy Chiefs Of Police And Captains Of Police In A Sworn

Management Employee Bargaining Unit In Accordance With Employer-Employee

Relations Resolution No. 80211 C.M.S.

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: 2007-2009 CALReUSE Brownfields Loan Program

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Appropriating And Authorizing The

Agency Administrator To Expend Up To $150,000 From Oakland Redevelopment

Agency Coliseum Redevelopment Project Area Funds For the Required Local 15%

Match Based On The Allocation Of $1,000,000 In Loan Funds, For The City Of Oakland

2007-2009 CALReUSE Brownfields Loan Program

Subject: Oakland Ice Center Contract

From: Community And Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator

To Negotiate And Execute A Three-Year Agreement With Rink Management Services

Corporation For Management And Operation Of The Oakland Ice Center For A Base

Monthly Fee Not To Exceed $4,900, Plus An Annual Incentive Fee Not To Exceed 20

Percent Of Net Revenue Adjusted For Any Deferred Expenses That May Be Earned

During The Previous Year In Excess Of $7,603, Pursuant To Specific Criteria

This item was withdrawn and rescheduled from the February 6, 2007 City

Council Agenda

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: 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

Subject: Real Estate Donation Procedures

From: Office of the City Administrator

Recommendation: Adopt A Resolution Establishing Procedures For Reviewing Offers

For Donations And Gifts Of Real Estate And For Recommending That The City Council

Accept Or Decline Such Offers For Real Property Valued In Excess Of $500,000 Dollars

(TITLE CHANGE)

The February 13, 2007 Finance and Management Committee approved

recommendations as amended to include in the resolution language

allowing staff if they are concerned to require the due diligence report and

Subject: Fox Theater Renovation

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator

To Apply For, Accept, And Appropriate Grant Funds From The California Cultural And

Historical Endowment Program Under State Of California Proposition 40 (Clean Water,

Clean Air, Safe Parks And Coastal Protection Act Of 2002), For The Historic Fox

Theater Renovation In An Amount Of Up To Three Million Dollars ($3,000,000)

The February 13, 2007 Community and Economic Development

Committee approved recommendations and directed staff to submit a

Supplemental Report with the following information: 1) list of every entity

that is eligible to apply for a grant from the California Cultural and

Historical Endowment Program; and 2) data on small local business

contracting for the project; 4 Ayes

Subject: City Stables Operation

From: Office of Parks and Recreation

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Rejecting All Submitted Proposals And Closing The Request For

Proposals (RFP) Process For The Concession At Oakland City Stables

The February 13, 2007 Life Enrichment Committee approved

recommendations and requested the following information: 1) A proposal

for what the city would do with the stables if all funds were released from

the state and the city, 2) a new RFP that is written differently and as a long

term process to give the concessionaire the ability to recoup money put in

the stables for development, and 3) discussion of what has to be done by

March 2009 so the city doesn't loose the $400,000; 4 Ayes

2) A Resolution 1) Authorizing The Office Of Parks And Recreation To Enter Into

Agreements With Equestrian Organizations To Offer Youth Equestrian Programs At City

Stables For One Year To Assess The Long Term Viability Of The Programs; 2) And To

Amend And Readopt The City Stables Master Plan

Subject: Emerging Crime Trends

From: Oakland Police Department

Recommendation: Receive An Informational Report From The Chief Of Police On The

Current And Emerging Crime Trends That Affect The Quality Of Life In The City Of

Oakland

The February 13, 2007 Public Safety Committee received and forwarded

and directed staff to provide the following information in future reports: 1)

Multi-year crime statistics and national averages to determine long range

trends; 2) crime rates based on demographic trends or randomness; 3) Part

1 crime rates as compared to other similar cities; 4) out of state firearm

sales; 5) auto thefts; 6) shot spotter effectiveness; 7) assaults on

immigrants; and 8) street robberies. The Committee also directed staff to

submit a scheduling request to the Rules and Legislation Committee on the

gun buy back policy; 4 Ayes

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

Telecommunications Display Device: (510) 839-6451

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.