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; Vice Mayor Brunner, Dist. 1; Patricia Kernighan, Dist. 2;

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

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: Dolores R. Serapio - Dedicated Service

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Commending Dolores R. Serapio For 31 Years

Of Devoted And Dedicated Service And Congratulating Her On Her Retirement From

The City Of Oakland

Subject: Rhita Wilson - Dedicated Service

From: Vice Mayor Brunner

Recommendation: Adopt A Resolution Commending Rhita Wilson For Her Many Years

Of Devoted And Dedicated Service And Congratulating Her On Her Retirement From

The City Of Oakland

Subject: California Revels

From: Councilmember Nadel

Recommendation: Adopt A Resolution Congratulating California Revels For Twenty

Years Of Community Performances In Oakland, Celebrating The Winter Solstice And

Honoring Diverse Cultures Throughout The World

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: Mateo Mira - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Claim Of Mateo Mira, In The Amount Of Seven

Thousand Six Hundred Dollars and No Cents ($7,600.00), As A Result Of Property And

Bodily Injury Damages Sustained In An Automobile Collision With A City Vehicle (

Finance Management Agency)

Subject: Jeanette Grier - Settlement

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Claim Of Jeanette Grier, In The Amount Of Five

Thousand Four Hundred Fifty Dollars And No Cents ($5,450.00), As A Result Of

Damage To Her Sanitary Sewer Lateral Caused By Tree Roots From A City Tree On

March 2, 2005 (PWA)

Subject: Shem Coward and Jennifer Coward

From: Office Of The City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney

To Compromise And Settle The Claim Of Shem Coward And Jennifer Coward, In The

Amount Of Eight Thousand Eight Hundred Forty Six Dollars And No Cents ($8,846.00),

As A Result Of Property Damage Sustained due To A Sewer Flood Caused By A

Clogged City Sewer Main On May 17, 2005. (PWA)

Subject: Ofelia De Guzman - Recognition

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Commending Ofelia De Guzman For 18 Years

Of Devoted And Dedicated Service And Congratulating Her On Her Retirement From

The City Of Oakland

Subject: Mary Helen Joseph - Recognition

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution Commending Mary Helen Joseph For 16 Years

Of Devoted And Dedicated Service And Congratulating Her On Her Retirement From

The City Of Oakland

Subject: Tree Appeal - 436 Oakland Avenue

From: Public Works Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A

Resolution Denying The Appeal Filed By Neil Kaplan Against The Decision Of The

Public Works Agency Approving The Issuance Of Tree Removal Permit DRO5-073 For

436 Oakland Avenue

Subject: 800 Center LLC - Purchase And Sales Agreement

From: Community And Economic Development Agency

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

Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To

Sell To 800 Center LLC, The Adjoining Properties Owner, Approximately 6,900 Square

Feet Of City Owned Surplus Real Property Located At 1430 8th Street And 816 Center

Street (APN# 004-0067-015 And APN# 004-0067-017) For The Fair Market Value Of $

120,000.00

Subject: Status Report On Katrina Evacuees

From: Councilmember Brooks

Recommendation: Receive A Status Report On Katrina Evacuees And City Of Oakland

Assistance Efforts; Recommendations For City Action To Provide Continued Relief

From This Crisis

Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance, an urgency

finding was made at the December 1, 2005 Rules and Legislation

Committee to place this item on the agenda for the following reasons: 1)

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.

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

the Sunshine Ordinance requiring a 2/3 majority vote.

Subject: 800 Center LLC - Purchase And Sales Agreement

From: Community And Economic Development Agency

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

Authorizing The City Administrator To Enter Into A Purchase And Sales Agreement To

Sell To 800 Center LLC, The Adjoining Properties Owner, Approximately 6,900 Square

Feet Of City Owned Surplus Real Property Located At 1430 8th Street And 816 Center

Street (APN# 004-0067-015 And APN# 004-0067-017) For The Fair Market Value Of $

120,000.00

Subject: Arcadia Park Residential Project

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The Fourth

Amendment To The Coliseum Area Redevelopment Plan Amending The Land Use

Designation For The 366-Unit Arcadia Park Residential Project Site, Located At The

Intersection Of 98th Avenue And San Leandro Street, From Manufacturing To Housing

And Business Mix

2) Approve The Final Passage (Second Reading) Of An Ordinance Rezoning The 366-

Unit Arcadia Park Residential Project Site, Located At The Intersection Of 98th Avenue

And San Leandro Street, From The M-30 General Industrial Zone To The R-30 One-

Family Residential Zone And R-50 Medium Density Residential Zone

Subject: Rent Adjustment And Enterprise Zone Hiring Credit Voucher

From: Community And Economic Development Agency

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

Amending Ordinance Number 12676 C.M.S. (Master Fee Schedule), As Amended To

Modify Rent Adjustment And Enterprise Zone Hiring Credit Voucher Fees Assessed By

The Community And Economic Development Agency

Subject: Bordertown Skate Park - Agreement

From: Community And Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) Of An Ordinance Adding The Chapter 5 Of

The Oakland Municipal Code, Entitled Business Licenses And Regulations, New Section

5.90.010 Through 5.90.040 (Or Other Appropriate Section Numbering) Relating To

Regulation Of Skate Park Facilities

2) Approve The Final Passage (Second Reading) Of An Ordinance Authorizing A

Sublease Agreement With Border Town Skate Park, Inc., For The Sole And Exclusive

Purpose Of Operating A Skate Board Park Located Under State Highway 580 At The

North Western End Of Louise Street, Oakland, For $100.00 For The Term Of The Lease,

Plus Provision Of Regular Litter Cleanup Services For The State Department Of

Transportation For A Term Of Thirty (30) Months, With An Option For One Thirty (30)

Month Extension

Subject: Comcast Cable Franchise

From: Office of the City Administrator and Office of the City Clerk

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) Of Ordinance Of The City Of Oakland

Amending Chapter 5.16 Of Title 5 Of The Oakland Municipal Code To Regulate The

Occupancy And Use Of Public Rights-Of-Way By Cable Systems And Open Video

Systems, To Provide For Establishment Of Customer Service Standards; Establishing

Franchise And Licensing Requirements For Operators Of Such Systems And To

Prescribe Minimum Charges, Terms, And Conditions For And Upon The Construction,

Maintenance, And Repair Of Such Systems; And

2) Approve The Introduction (First Reading) Of An Ordinance Of The City Of Oakland

Granting A Thirteen Year Cable Franchise To Comcast Of California/Colorado, LLC To

Construct And Operate A Cable System To Provide Cable Service Within The City Of

Oakland; Establishing The Terms And Conditions Of The Franchise Grant; And

Establishing Certain Remedies For The Violation Of The Franchise

The November 8, 2005 Finance and Management Committee approved

recommendations as amended; 4 Ayes

Final Passage (Second Reading) has been scheduled for January 3, 2006

Subject: Franchise Grantee Worker Protections

From: Office of the City Attorney

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

Chapter 2.36 Of The Oakland Municipal Code To: Prohibit Franchise Grantees From

Discriminating Against Employees For Participating In Employee Organizations;

Require Franchise Grantees To Notify Contractors And Subcontractors Of Their Labor

Obligations; Prohibit Discrimination Against Employees For Speaking Before Or Filing

A Complaint With Any Government Agency Or Court; Ensure That Company Policies

Are Not Construed To Limit Organizing Activities By Employees, And; Authorize The

Establishment Of A "Franchise Grantee Workers Rights Board"

Subject: Henry J. Kaiser Convention Center - Closure

From: Office Of The City Administrator

Recommendation: Receive A Status Report Regarding The Proposed Closure Of The

Henry J. Kaiser Convention Center On December 31, 2005

The November 8, 2005 Finance and Management Committee directed staff

to continue negotiations with International Facilities Group (IFG), directed

them to achieve a subsidy no greater than $175,000 and agreed to send lay

off notices to employees at the Henry J. Kaiser Convention Center to be

rescinded at a later date, if necessary; 4 Ayes

Subject: Sean Traverneir - Appointment

From: Office of the Mayor

Recommendation: Adopt A Resolution Appointing Sean Traverneir As A Member Of

The Landmarks Preservation Advisory Board

Subject: Housing, Residential Rent And Relocation Board - Appointment

From: Office Of The Mayor

Recommendation: Adopt A Resolution Appointing Bob McClain As A Member Of The

Housing, Residential Rent And Relocation Board

Subject: Housing, Residential Rent And Relocation Board - Appointment

From: Office Of The Mayor

Recommendation: Adopt A Resolution Appointing Ricardo Hunter As A Member Of

The Housing, Residential Rent And Relocation Board

Subject: Appointment to the Community Policing Advisory Board

From: Councilmember Nadel

Recommendation: Adopt A Resolution Appointing Olugbemiga Oluwole, Sr. As A

Member Of The Community Policing Advisory Board

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.