Meeting of the Oakland City Council

Tuesday, May 1, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Passed The Consent Agenda
15A Subject: MacArthur Maze Collapse Emergency Resolution From: Oakland Fire Department Recommendation: Adopt A Resolution Proclaiming A Local Emergency Due To The Catastrophic Fire, Intense Heat And Collapse Of A Portion Of The Oakland Maze-East Bay 580 Freeway That Resulted From A Traffic Collision During The Early Morning Hours Of Sunday April 29, 2007
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
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.
7 Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on April 17, 2007

Action: Approve the Minutes Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Chang, to Approve the Minutes. The motion carried by the following vote:
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: Bike To Work Month From: Council President Ignacio De La Fuente Recommendation: Adopt A Resolution Proclaiming Thursday, May 17, 2007, As City Of Oakland Bike To Work Day, And May 2007 As City Of Oakland Bike Month
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
8.2 Subject: Golden State Warriors Recognition From: Council President Ignacio De La Fuente Recommendation: Adopt A Resolution Congratulating The Golden State Warriors On Advancing To The 2007 NBA Playoffs
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Chang, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
8.3 Subject: Municipal Clerk's Week 2007 From: Council President De La Fuente Recommendation: Adopt A Resolution Declaring April 29, 2007 Through May 5, 2007 As Municipal Clerk's Week; On The May 1, 2007 City Council Agenda As A Ceremonial Item
City Resolution
Action: Adopted Passed

A motion was made by President Pro Tempore De La Fuente, seconded by President of the Council Reid, 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: Rebecca S. Quick - 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 Rebecca S. Quick V. Joseph West; Et Al., Alameda County Superior Court Case No. RG05223484, In The Amount Of $10,000.00 As A Result Of A Trip And Fall Accident At Or Near 5232 Claremont Avenue In Oakland On June 17, 2004. (Public Works Services Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: Nicholas Counts - 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 Nicholas Counts In The Amount Of Six Thousand Five Hundred Dollars And No Cents ($6,500.00), As A Result Of Bodily Injuries Sustained In An Automobile Collision With A City Vehicle On June 22, 2006. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5 Subject: Councilmember Larry Reid - Travel Authorization From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing Councilmember Larry E. Reid To Travel To Cleveland, Ohio To Attend "Partners For Success: The Changing Face Of Cities" Conference On May 4 - 5, 2007
City Resolution
Action: Withdrawn with No New Date Passed

This Matter was Withdrawn with No New Date on the Consent Agenda.
10.6 Subject: Intertribal Friendship House From: Councilmembers Pat Kernighan and Nancy Nadel Recommendation: Adopt A Resolution Authorizing An Immediate Allocation To The Intertribal Friendship House For Its Operations In The Amount Of $15,000 From Councilmember Kernighan's Priority Project Funds And $5,000 From Councilmember Nadel's Priority Project Funds
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Kernighan, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
10.7 Subject: Assembly Bill 444 From: Public Works Agency Recommendation: Adopt A Resolution Declaring The City Of Oakland's Support For Assembly Bill 444 (Hancock) - Vehicle Registration Fee For Congestion Management And Transportation Improvements
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.8 Subject: 229 Castro Street - Encroachment From: Community and Economic Development Agency Recommendation: Adopt A Resolution Revoking Approval For Demolished Encroachments In Second Street And Castro Street For A Vacant Lot At 229 Castro Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: Oakland Ice Center Entry - Project From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Rejecting Bids And Authorizing The Agency Administrator, Or Her Designee, To Award A Construction Contract For Modification Of The 17th Street Entry To The Oakland Ice Center In Accord With Specification No. G84040 To Rockridge Builders In An Amount Not-To-Exceed Of One Hundred Fifty-Nine Thousand Three Hundred And Ninety Dollars ($159,390.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.10 Subject: Broadway/Macarthur/San Pablo Project Area Committee From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing A One-Year Extension Of The Project Area Committee For The Broadway/MacArthur/San Pablo Redevelopment Project To July 25, 2008; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0010-1 2) A Resolution Amending The Procedures Of Formation For The Broadway/MacArthur/San Pablo Redevelopment Project Area Committee To Allow Up To 8 Neighborhood Groups To Serve On The Project Area Committee, And Designating The Greater Mosswood Neighborhood Association As A Community Organization Represented On The Project Area Committee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.11 Subject: MacArthur Boulevard Undergrounding From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Redevelopment Agency Resolution Authorizing The Contribution And Appropriation Of Redevelopment Agency Funds To The City Of Oakland Under The Cooperation Agreement In An Amount Not To Exceed $300,000 For The MacArthur Boulevard Undergrounding Project On MacArthur Boulevard From 73rd Avenue To The San Leandro Border In The Central City East Project Area; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0102-1 2) A Resolution Authorizing The City To Accept And Appropriate A Contribution Of Redevelopment Agency Funds Under The Cooperation Agreement In An Amount Not To Exceed $300,000 For The MacArthur Boulevard Undergrounding Project On MacArthur Boulevard From 73rd Avenue To The San Leandro Border In The Central City East Project Area
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: Central City East Project Area Committee Extension From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing A One-Year Extension Of The Project Area Committee For The Central City East Redevelopment Project To July 29, 2008
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.13 Subject: Golden Gate Bonsai Federation - Agreement From: Office of Parks and Recreation Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A License Agreement Between The City Of Oakland And Golden State Bonsai Federation For Nonexclusive Use Of The Bonsai Garden And Adjacent Nursery Area Located Within The Demonstration Garden Area Of Lakeside Park, Oakland, California For One Dollar Per Year For A Ten Year Term With Two Consecutive Ten-Year Options To Renew
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: Allied Traffic Enforcement Operations From: Oakland Police Department Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal/Qualifications Process And Authorizing The City Administrator To Enter Into Agreements With Law Enforcement Agencies For Allied Traffic Enforcement Operations And Other Law Enforcement Services In An Amount Within The City Administrator's Purchasing Authority On Behalf Of The Police Department
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: Police Department Marine Unit From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee, On Behalf Of The City Of Oakland To: 1) Accept And Appropriate Reimbursement Funds Of Up To Fifteen Thousand Dollars ($15,000) Annually, From The Port Of Oakland To The Oakland Police Department Marine Unit For The Cost Of Fuel For Marine Vessels Used To Patrol The Waterways In And Around The City Of Oakland As Described In The Memorandum Of Understanding With The Port Of Oakland And, 2) Deposit All Funds Received From The Sale Of Two Older Police Boats, And Other Donated Monies In A Separate Project To Be Determined, To Off-Set The Maintenance And Equipment Costs Of New Police Marine Vessels
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
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 Chang, to Approve as Submitted. The motion carried by the following vote:
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance

A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, to. 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:
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 Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Slope Stabilization And Drain Improvements From: Public Works Agency Recommendation: Adopt A Resolution Rejecting The Single Bid and Authorizing The City Administrator To Award A Negotiated Construction Contract To Beliveau Engineering Contractors, Inc. For The Construction Of Slope Stabilization Piers And Drainage Improvements In Joaquin Miller Park (Project Nos. C282850, C244870 And C195610) For An Amount Not To Exceed Four Hundred Thirty-Eight Thousand Three Hundred Eighty-Two Dollars ($438,382.00)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
17 Subject: Jack London Square - Mixed-Use District Parking Program From: Community and Economic Development Agency Recommendation: Action On A Report And Recommendation For Review And Consideration Of A New Jack London District Interim Mixed Use Permit Parking Program Staff Recommendation: Approve The Concept Of The Interim Mixed-Use District Permit Parking Program For The Jack London District And Direct Staff To Return To City Council With An Implementation Plan for the Jack London District As Well As A Recommended Process For Analyzing City-Wide On-Street Parking Issues By January 2007
Report and Recommendation
Action: Approved Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan, that this matter be Approved. The motion carried by the following vote:
18 Subject: Newsracks And Newspaper Multi-Racks From: Councilmember Jane Brunner Recommendation: Action On A Report And Recommendation On The City's Current Regulations For The Placement And Maintenance Of Newsracks And Newspaper Multi-Racks In Public Rights Of Way, Enforcement Options Currently Available To Ensure Well-Maintained Newsracks And Newspaper Multi-Racks, And Recommendations To Improve Newsrack And Newspaper Multi-Rack Maintenance
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Chang, that this matter be Received and Filed. The motion carried by the following vote:
19 Subject: Oakland Police Department Reorganization From: Oakland Police Department Recommendation: Receive A Report From The Chief Of Police On The Oakland Police Department Assessment Project, Conducted By Harnett Associates, On Organizational And Operational Recommendations To Improve The Department's Effectiveness In Reducing Crime In The City
Informational Report
Action: Received and Filed Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks, that this matter be Received and Filed. The motion carried by the following vote:
20 Subject: Measure Z Oversight Committee Report From: Office Of The City Administrator Recommendation: Receive An Annual Report Of The Measure Z Community Oversight Committee For 2006
Informational Report
Action: Received and Filed Passed

A motion was made that this matter be Received and Filed. The motion carried by the following vote:
Continuation of Open Forum
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

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