Concurrent Meeting of the Oakland Redevelopment Agency/City Council/Joint Powers Financing Authority

Tuesday, October 31, 2006 · 6:00 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Pledge of Allegiance
Roll Call / ORA & Council COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel, Dist. 3; Vice Mayor 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.
7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on October 17, 2006

Action: Approve the Minutes Passed

A motion was made by President of the Council Reid, seconded by Councilmember Nadel, to Approve the Minutes. The motion carried by the following vote:
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: America Recycles Day From: Vice Mayor Jean Quan Recommendation: Adopt A Resolution Proclaiming Wednesday November 15, 2006, As America Recycles Day In The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
8.2 Subject: Recognition Of James Mahoney From: Finance and Management Agency Recommendation: Adopt A Resolution Honoring James (Jim) W. Mahoney For Thirty Three Years Of Distinguished Service To The Citizens Of The City Of Oakland And Congratulating Him On His Retirement
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote:
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1 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
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.2 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
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.3 Subject: Mercury Insurance - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Mercury Insurance Company As Subrogee For Devon And Dennis Chaconas In The Amount Of $8,869.21 As A Result Of A Vehicle Collision Involving A City Vehicle (PWA)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: John Yue Wu - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of John Yue Wu In The Amount Of $6,500 As A Result Of A Collision Involving A City Vehicle (PWA)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5 Subject: Laverne Mainer - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Laverne Mainer v. City Of Oakland, Et Al., Superior Court, County Of Alameda, Case No. RG04152626, In The Amount Of $15,000.00 As A Result Of A Trip And Fall Accident In The Vicinity Of San Leandro Street Near 71st Avenue, Oakland, August 15, 2003 (Public Works Agency - Trip And Fall Accident)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.6 Subject: Darryl Walker - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Darryl Walker And Lisa Walker V. City Of Oakland, Alameda County Superior Court No. RG04150452, Our File No. 23715, In The Amount Of $21,000.00 (Oakland Police Department - Motor Vehicle Accident)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.7 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)
City Resolution
Action: Withdrawn with No New Date
10.8 Subject: Jacqueline Jackson - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Jacqueline Jackson V. City Of Oakland, Et. Al., Alameda County Superior Court, Case No. RG05206956, In The Amount Of $80,000.00 (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: McMath And Shavers - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Milton McMath And Dedrick Shavers V. City Of Oakland, Et. Al., United States District Court Case No. C-05-03111 EDL, Our File No. 24423 For A Total Amount Of $50,000.00 This Case Involves Allegations Of Excessive Force Against Plaintiffs By Oakland Police Officers (Oakland Police Department)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
10.10 Subject: Active Network Contract From: Finance and Management Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Waive The City's Competitve Bidding And Award Process, Authorize A Solicitation Of Proposals Process And Negotiation of A Contract With Active Network, In An Amount Not-To-Exceed $250,000.00 To Purchase An Enterprise Point-Of-Sale (POS) System Which Will Automate The Cash Handling Process Within The City Of Oakland (TITLE CHANGE)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.11 Subject: 2006 DNA Capacity Enhancement 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 One Hundred Thirty-Six Thousand Eight Hundred Twenty-Five Dollars ($136,825) From The U.S. Department Of Justice, National Institute Of Justice, (USDOJ/NIJ) For Implementation Of The 2006 DNA Capacity Enhancement Grant Program In The Police Department (Title Change)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: Travel Authorization For Vice Mayor Quan And Councilmember Reid From: Vice Mayor Quan Recommendation: Adopt A Resolution Authorizing Vice Mayor Jean Quan And Councilmember Larry Reid To Travel To Reno, Nevada To Attend The National League Of Cities 83rd Congress Of Cities And Exposition, December 5-9, 2006
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.13 Subject: Priority Project Funds - District Three From: Councilmember Nadel Recommendation: Adopt A Resolution Authorizing Immediate Allocation of $100,000 Of Councilmember Nancy J. Nadel's Priority Project Funds To Mandela Foods Cooperative For Tenant/Building Improvements
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: Three New Housing And Business Mix Zoning Designations From: Community And Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance To Adopt 1) Adopting Amendments To The Zoning Regulations That Create Three New Housing And Business Mix (HBX) Zoning Designations; 2) Adopting A Design Guidelines Manual Associated With The New HBX Zoning Designations; 3) Amending The Zoning Maps To Include The New HBX Zones; And 4) Amending The Document "Guidelines For Determining Project Conformity With The General Plan And Zoning Regulations" To Reflect The New Zones (TITLE CHANGE)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.15 Subject: Parking Violation Penalties From: Finance and Management Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland Municipal Code Chapter 10.48 "Parking Fines" To Add Section 10.48.030 Authorizing A Fee For The Collection Of Delinquent Penalty Payments And Amending Ordinance No. 12676 C.M.S., The Master Fee Schedule, To Add Special Costs Of Collecting Parking Violation Penalties Fees
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.16 Subject: 330 13th Street LLC - Revocable And Conditional Permits From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Granting 330 13th Street LLC A Revocable And Conditional Permit To Allow An Existing Basement For A Building At 330 13th Street To Encroach Under The Public Sidewalk
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
06-0826-1 2) A Resolution Granting 330 13th Street LLC A Revocable And Conditional Permit To Allow An Electrical Transformer And Vault For A Building At 330 13th Street To Encroach Under The Public Sidewalk
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.17 Subject: 1615 Broadway - Revocable And Conditional Permits From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Granting Oakland Cathedral Building LLC A Revocable And Conditional Permit To Allow An Existing Basement For A Building At 1615 Broadway To Encroach Under The Public Sidewalk Along Broadway and Telegraph Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
06-0827-1 2) A Resolution Granting Oakland Cathedral Building LLC A Revocable And Conditional Permit To Allow A Seismic Retrofit Structural System For A Building At 1615 Broadway To Encroach Under The Public Sidewalk Along Broadway And Telegraph Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: 4301 Keller Avenue - Revocable And Conditional Permits From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Hillside Homes Group, Inc., A Revocable And Conditional Permit To Allow A Retaining Wall And Emergency Egress Stairs To Encroach Into The Public Right-Of-Way At 4301 Keller Avenue For The Siena Hill Subdivision
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.19 Subject: 5940 Racine Street - Revocable And Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting The Bravo Family Trust and Danon Living Trust A Revocable And Conditional Permit To Allow The Encroachment Of An Existing Two-Family Residence At 5940 Racine To Remain In The Public Right-Of-Way
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.20 Subject: 1630 San Pablo Avenue - Revocable And Conditional Permits From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces of Legislation: 1) A Resolution Granting Rotunda Garage LP A Revocable And Conditional Permit To Allow A Vault And An Electrical Transformer For A Proposed Building At 1630 San Pablo Avenue To Encroach Under The Public Sidewalk Along San Pablo Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
06-0830-1 2) A Resolution Granting Rotunda Garage LP A Revocable And Conditional Permit To Allow A Portion Of The Upper Floors Of A Proposed Building At 1630 San Pablo Avenue To Encroach Over The Public Sidewalk Along 17th Street And San Pablo Avenue
City Resolution
Action: Adopted as Amended Passed

A motion was made by President of the Council Reid, seconded by Councilmember Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
10.21 Subject: 6501 San Pablo Avenue - Revocable And Conditional Permit From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Tri City Lofts LLC A Revocable And Conditional Permit To Allow An Electrical Transformer And Vault For A New Building At 6501 San Pablo Avenue To Encroach Under The Public Sidewalk Along 65th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.22 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 (The Salary Ordinance) To: Add The Permanent Full Time Equivalent Classifications Of Deputy Director Of Police (Non-Sworn) And Grants Coordinator; Amend The Titles Of The Full Time Classifications Complex Manager And Assistant Complex Manager To Facilities/Complex Manager, And Assistant Facilities/Complex Manager Respectively; And To Amend The Effective Date Of The Salary Increase To The Full Time Equivalent Classification, Concrete Finisher From May 30, 2006 To February 4, 2006
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.23 Subject: West Oakland Redevelopment Project - Project Committee Extension From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing A One Year Extension Of The Project Area Committee For The West Oakland Redevelopment Project To November 18, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.24 Subject: Metropolitan Transportation Commission Grant From: Director, Community & Economic Development Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To Accept A Grant In The Amount Of $1,900,000.00 From The Metropolitan Transportation Commission-Federal Surface Transportation Program (STP) And/Or Congestion Management And Air Quality Improvements (CMAQ)Program For The West Oakland Transit Village Streetscape Project, 2) Appropriating The Grant; 3) Stating The Assurance Of The City Of Oakland To Complete The Project If Funded, and 4) Authorizing A Local Match In The Amount Of $380,000.00
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
06-0893 Subject: Metropolitan Transportation Commission Grant From: City Auditor Recommendation: Receive An Informational Report On A Resolution 1) Authorizing The City Administrator To Accept A Grant In The Amount Of $1,900,000.00 From The Metropolitan Transportation Commission-Federal Surface Transportation Program (STP) And/Or Congestion Management And Air Quality Improvements (CMAQ)Program For The West Oakland Transit Village Streetscape Project, 2) Appropriating The Grant; 3) Stating The Assurance Of The City Of Oakland To Complete The Project If Funded, and 4) Authorizing A Local Match In The Amount Of $380,000.00
Informational Report
Action: Received and Filed Passed

A motion was made by President of the Council Reid, seconded by Councilmember Nadel, that this matter be Received and Filed. The motion carried by the following vote:
11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session

Action: Approve as Submitted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Quan, to Approve as Submitted. The motion carried by the following vote:
12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance

Action: Approve as Submitted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Kernighan, to Approve as Submitted that there were no discussions pursuant to Section 15 of the Sunshine Ordinance, The motion carried by the following vote:
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1 Subject: Central City East And The Oak Knoll Redevelopment Plans Merger From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Approving And Recommending Adoption Of The Second Amendment To The Oak Knoll Redevelopment Plan To (1) Merge The Oak Knoll Redevelopment Project Area With The Central City East Redevelopment Project Area For Fiscal Purposes, (2) Merge The Affordable Housing Production Requirements For The Two Project Areas Subject To Limitations And Conditions, (3) Raise The Limits On Receipt Of Tax Increment Revenues And Bonded Indebtedness, (4) Replace The Land Use Map With The Current General Plan Land Use Map, (5) Expand The List Of Authorized Public Improvements, and (6) Make Other Text Changes; And
City Resolution
Action: Continued
06-0725-1 Subject: Central City East And The Oak Knoll Redevelopment Plans Merger 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 Third Amendment To The Central City East Redevelopment Plan To (1) Merge The Central City East Redevelopment Project Area With The Oak Knoll Redevelopment Project Area For Fiscal Purposes, And (2) Merge The Affordable Housing Production Requirements For The Two Project Areas Subject To Limitations And Conditions; And
Ordinance
Action: Continued
06-0725-2 3) An Agency Resolution Approving And Recommending Adoption Of The Third Amendment To The Central City East Redevelopment Plan To (1) Merge The Central City East Redevelopment Project Area With The Oak Knoll Redevelopment Project Area For Fiscal Purposes, And (2) Merge The Affordable Housing Production Requirements For The Two Project Areas Subject To Limitations And Conditions; And
City Resolution
Action: Continued
06-0725-3 2) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The Second Amendment To The Oak Knoll Redevelopment Plan To (1) Merge The Oak Knoll Redevelopment Project Area With The Central City East Redevelopment Project Area For Fiscal Purposes, (2) Merge The Affordable Housing Production Requirements For The Two Project Areas Subject To Limitations And Conditions, (3) Raise The Limits On Receipt Of Tax Increment Revenues And Bonded Indebtedness, (4) Replace The Land Use Map With The Current General Plan Land Use Map, (5) Expand The List Of Authorized Public Improvements, And (6) Make Other Text Changes
Ordinance
Action: Continued
06-0725-4 5) An Agency Resolution Adopting The 2006-2007 To 2010-2011 Implementation Plan For The Oak Knoll Redevelopment Project
City Resolution
Action: Continued
14.2 Subject: Mixed-Use Development Appeal - 4700 Telegraph Avenue 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 Planning Commission Approving Construction Of A New Mixed-Use Development Consisting Of 51 Residential Units And 5,000 Square Feet Of Commercial Space Located at 4700 Telegraph Avenue (Case File Number(s) A06-379; CMDV06-188; & TPM9164
City Resolution
14.3 Subject: Levying The Rockridge Business Improvement District Annual Assessment From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Annual Report Of The Rockridge Business Improvement District Advisory Board And Levying The Annual Assessment For The Rockridge Business Improvement District For Fiscal Year 2007/2008
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
14.4 Subject: Levying The Montclair Business Improvement District Annual Assessment From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Confirming The Annual Report Of The Montclair Business Improvement District Advisory Board And Levying The Annual Assessment For The Montclair Business Improvement District For Fiscal Year 2007/2008
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
14.5 Subject: Sale Of Real Property At 3860 Martin Luther King Jr. Way From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) A Resolution Approving The Sale Of Real Property Located At 3860 Martin Luther King, Jr. Way By The Redevelopment Agency To Cotter And Coyle, LLC For $1,060,000 For The Development Of A 34-Unit Condominium Project; And
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
06-0789-1 2) An Agency Resolution Authorizing The Sale Of Real Property Located At 3860 Martin Luther King, Jr. Way To Cotter And Coyle, LLC For $1,060,000 For The Development Of A 34-Unit Condominium Project, And Authorizing A Disposition And Development Agreement For The Project
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
14.6 Subject: Metropolitan Transportation Commission Grant From: Director, Community & Economic Development Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To Accept A Grant In The Amount Of $1,900,000.00 From The Metropolitan Transportation Commission-Federal Surface Transportation Program (STP) And/Or Congestion Management And Air Quality Improvements (CMAQ)Program For The West Oakland Transit Village Streetscape Project, 2) Appropriating The Grant; 3) Stating The Assurance Of The City Of Oakland To Complete The Project If Funded, and 4) Authorizing A Local Match In The Amount Of $380,000.00
City Resolution
14.7 Subject: Fox Oakland Theater - Agreement Amendments From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing Amendments To The Disposition And Development Agreement (DDA) Between The Agency And Fox Oakland Theater, Inc. (FOT), A Non-Profit Entity, Revisions And Supplements To Original Guarantees Required For Tax Credit Financing For The Fox Theater Project And Other Agreements Including: · Modifying The Existing Loan Repayment Guarantee From The Agency To FOT For Conventional Loan To FOT Not To Exceed $6,500,000, And The Existing Contingent Loan Not To Exceed $3,530,000 For Costs Associated With Obtaining Historic Tax Credits And New Markets Tax Credits, To Include Operating Costs Within The Scope Of The Guarantees; · A Guarantee By The Agency In Favor Of The Tax Credit Investment Entities For (A) Completion Of The Fox Theater Rehabiliation Work In Compliance With Applicable Laws And The Historic Tax Credits Requirements, (B) Payment Of Carrying Costs Through Lease Up, And (C) That The Project Is Free Of Liens Upon Completion Of Rehabilitation; · A Guarantee By Agency In Favor Of The Tax Credit Investment Entities Relating To The Historic Tax Credits And New Markets Tax Credits In Event The Tax Credits Are Not Awarded Or Are Recaptured By The Internal Revenue Service As A Result Of Non-Compliance With IRS Tax Credit Requirements By For Or Its Affiliated Entities; · Environmental Indemnification For The Lenders And Tax Credit Investors To Protect Against Existing And Future, Known Or Unknown Environmental Matters; And
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember De La Fuente, that this matter be Adopted. The motion carried by the following vote:
06-0822-1 2) A Resolution Authorizing Amendments To The Oakland Redevelopment Agency's Disposition Of The Fox Theater To Fox Oakland Theater, Inc. (FOT), A Non-Profit Entity, Including Amendments To The Disposition And Development Agreement (DDA) And Revisions And Supplements To Original Guarantees Required For Tax Credit Financing For The Fox Theater Project And Other Agreements Including: · Modifying The Existing Loan Repayment Guarantee From The Agency To FOT For Conventional Loan To FOT Not To Exceed $6,500,000, And The Existing Contingent Loan Not To Exceed $3,530,000 For Costs Associated With Obtaining Historic Tax Credits And New Markets Tax Credits, To Include Operating Costs Within The Scope Of The Guarantees; · A Guarantee By The Agency In Favor Of The Tax Credit Investment Entities For (A) Completion Of The Fox Theater Rehabiliation Work In Compliance With Applicable Laws And The Historic Tax Credits Requirements, (B) Payment Of Carrying Costs Through Lease Up, And (C) That The Project Is Free Of Liens Upon Completion Of Rehabilitation; · A Guarantee By Agency In Favor Of The Tax Credit Investment Entities Relating To The Historic Tax Credits And New Market Tax Credits In Event The Tax Credits Are Not Awarded Or Are Recaptured By The Internal Revenue Service As A Result Of Non-Compliance With IRS Tax Credit Requirements By For Or Its Affiliated Entities; · Environmental Indemnification For The Lenders And Tax Credit Investors To Protect Against Existing And Future, Known Or Unknown Environmental Matters
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember De La Fuente, that this matter be Adopted. The motion carried by the following vote:
ACTION ON NON-CONSENT ITEMS:
15 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
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Oakland Athletics Stadium License Agreement - Amendment From: Office of the City Attorney Recommendation: Adopt A Resolution Approving And Authorizing The Execution Of The Seventh Amendment To The Oakland-Alameda County Coliseum Oakland Athletics Amended And Restated Stadium License Agreement
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote:
17 Subject: Inclusionary Housing Ordinance From: Councilmember Brunner Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding Chapter 17.109 To The Oakland Planning Code To Establish An Inclusionary Housing Requirement And Establish Two New Homeowernship Programs For Oakland Teachers, Making Related Amendments To The Oakland Planning Code, Amending Section 15.68.100 Of The Oakland Municipal Code To Permit Affordable Housing Trust Funds To Be Used To Administer And Enforce The Inclusionary Housing Requirement, And Amending The Master Fee Schedule To Establish An Inclusionary Housing In-Lieu Fee; And
Ordinance
Action: Not Approved
06-0846 Adopt An Agency Resolution Restricting The Use Of Low And Moderate Income Housing Funds To Units For Households At 60% Of Area Median Income, With A Preference For Households At 30% Of Area Median Income
City Resolution
Action: Not Adopted
17.1 Subject: Inclusionary Housing - Substitute Motion From: Councilmember Brooks Recommendation: Consideration Of The Substitute Motion To Establish A Blue Ribbon Commission Which Shall Be Charged With Developing Recommendations For A Comprehensive Inclusionary Zoning Ordinance For The Entire City Of Oakland For Council To Review No Later Than January 31, 2007.
Report and Recommendation
Action: Approved Passed

This matter was Approved. The motion carried.
18 Subject: Caltrans Maintenance Progress Report From: Public Works Agency Recommendation: Receive A Progress Report On Caltrans Maintenance Activities In The City Of Oakland
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Quan, seconded by President of the Council Reid, that this matter be Received and Filed. The motion carried by the following vote:
19 Subject: City Attorney's Annual Report From: Office of the City Attorney Recommendation: Hear The Presentation Of The City Attorney's Annual Report For Fiscal Year 2005-2006
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Kernighan, that this matter be Received and Filed. The motion carried by the following vote:
20 Subject: Advisory And Litigation Costs And Trends From: Office of the City Attorney Recommendation: Receive An Informational Report From The City Attorney Regarding Advisory And Litigation Costs And Trends
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Received and Filed. The motion carried by the following vote:
21 Subject: Fiscal Year 2007-2009 Biennial Budget Schedule From: Office Of The City Administrator Recommendation: A Discussion And Action On The Proposed Schedule For The Fiscal Year 2007-2009 Biennial Budget Development Process
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Nadel, that this matter be Adopted. The motion carried by the following vote:
22 Subject: Utilization Of Funds From: Finance and Management Agency Recommendation: Receive An Informational Report On The Utilization Of Funds Donated By Council Members To External Organizations
Informational Report
Action: Deferred - DEFUNCT Passed

A motion was made by Councilmember Quan, seconded by Councilmember Nadel, that this matter be Deferred - DEFUNCT to the *Finance & Management Committee. The motion carried by the following vote:
23 Subject: Central District Redevelopment Project Bonds From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing The Issuance And Prescribing The Terms, Conditions And Form Of Not To Exceed $37,000,000 Principal Amount Of The Redevelopment Agency Of The City Of Oakland Central District Redevelopment Project Subordinated Tax Allocation Bonds, Series 2006T (Federally Taxable), Approving The Form Of And Authorizing The Execution And Delivery Of A Second Supplemental Indenture Of Trust And A Bond Purchase Contract; Approving The Form Of And Authorizing The Distribution Of A Preliminary Official Statement And Authorizing Execution And Delivery Of An Official Statement; Approving The Selection And Retention Of A Financing Team; Authorizing Payment Of Costs Of Issuance; Allocating Bond Proceeds To Finance Redevelopment Activities In The Redevelopment Project Area; And Authorizing And Approving Necessary Action In Connection Therewith; (TITLE CHANGE) And
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
06-0841-1 2) A Resolution Of The Oakland Joint Powers Financing Authority Authorizing The Purchase And Sale Of Not To Exceed $37,000,000 Principal Amount Of Redevelopment Agency Of The City Of Oakland Central District Redevelopment Project Subordinated Tax Allocation Bonds, Series 2006T (Federally Taxable), Upon Certain Terms And Conditions, Approving Distribution Of Official Statement Relating Thereto, And Providing Other Matters Properly Relating Thereto; (TITLE CHANGE) And
City Resolution
06-0841-2 3) A Resolution Of The City Council Of The City Of Oakland Approving Issuance By The Redevelopment Agency Of The City Of Oakland Of Not To Exceed $37,000,000 Aggregate Principal Amount Of Redevelopment Agency Of The City Of Oakland Central District Redevelopment Project Subordinated Tax Allocation Bonds, Series 2006T (Federally Taxable), And Providing Other Matters Properly Relating Thereto (TITLE CHANGE)
City Resolution
24 Subject: Build West Oakland - Agreement From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To Enter Into An Agreement With 16th Street Train Station, LLC, To Provide Funding In An Amount Not To Exceed $616,757 For The Preservation Of The Baggage Wing Property At The 16th Street Train Station In West Oakland
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Quan, that this matter be Adopted as Amended. The motion carried by the following vote:
25 Subject: Final Map For Tract 7588 From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract 7588 For The Eleventh Street Farm Subdivision At 1416 11th Street
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote:
26 Subject: Forest City Residential West, Inc. From: Director, Community And Economic Development Recommendation: Receive An Informational Report Regarding Staff's Determination Of The Number Of Residential Units To Be Included In A Project To Be Developed By Forest City Residential West, Inc., On A Block Bounded By Telegraph Avenue, William Street, A New Public Park And 19th Street
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Nadel, seconded by Councilmember Quan, that this matter be Received and Filed. The motion carried by the following vote:
ADJOURNMENT OF COUNCIL SESSION (Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the Council)
TTD 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) 238-3254
City Resolution
... 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.
Defunct - Communication
Passed The Consent Agenda

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