Meeting of the Oakland City Council

Tuesday, June 19, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

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Agenda

Passed The Consent Agenda
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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.
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on June 5, 2007
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: End Of The MacArthur Maze Local Emergency From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The End Of The Local Emergency Declared By The Resolution No. 80543 C.M.S Due To The Repair Of Catastrophic Damage To A Portion Of The Oakland Maze-East Bay 580 Freeway
City Resolution
8.2 Subject: Tom Margro - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Honoring Thomas E. Margro For 17 Years Of Commitment And Distinguished Service To The Bay Area Rapid Transit District
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
8.3 Subject: Bobbie Lee - Recognition From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Honoring Bobbie Lee For Thirty-Five Years Of Dedicated And Distinguished Service To The City Of Oakland And Congratulating Her On Her Retirement
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
8.4 Subject: McClymond's Boy's Basketball Team Recognition From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Congratulating The McClymonds High School Boy's Basketball Team For Their Outstanding Season And Reaching the Division I State Championship Finals
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
8.5 Subject: Jerry Reginald Varnado - Recognition From: Councilmember Desley Brooks Recommendation: Adopt A Resolution For Jerry Reginald Herring Varnado, A Recent U.S. Military Academy At West Point Graduate Who Won An Appointment After His Graduation From Skyline High School, Oakland, California
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by Vice Mayor Nadel, 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: Thomas Cousey - Settlement From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Settle The Case Of Thomas Cousey, Et Al. V. City Of Oakland, Et Al., United States District Court Case No. C 05-0117 TEH, Our File No. 24594, In The Amount Of $104,800. This Case Involves Use Of Excessive Force And Unlawful Arrest. (Oakland Police Department-Alleged Civil Rights Violation)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: Lobbyist Registration Act Amendment From: Public Ethics Commission Recommendation: Approve The Final Passage (Second Reading) Of Ordinance Amending Chapter 3.20 Of The Oakland Municipal Code To Require That Local Governmental Lobbyists Publicly Disclose Their Campaign Fundraising Activities
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5 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 Increase The Salaries Of Employees By 4% For Fiscal Year 2006-2007 And 2007-2008, Pursuant To The Recently Approved Memoranda Of Understanding, For The Deputy City Attorney V And Special Counsel Association And To Increase The Salaries Of Employees By 4% For Fiscal Year 2007-2008, Pursuant To The Recently Approved Memorandum Of Understanding For The International Association Of Firefighters, Local 55
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.6 Subject: Feeding Of Feral Pigeons From: Councilmember Jean Quan Recommendation: Approve The Final Passage(Second Reading) Of An Ordinance To Prohibit The Feeding Of Feral Pigeons In The Laurel And Dimond Commercial Zones
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.7 Subject: Municipal Code Chapter 4.28 - Amendment From: Finance and Management Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Chapter 4.28 Of The Oakland Municipal Code To Establish And Codify The Claim Requirements And Procedures For Utility Users Tax Refunds Of Tax, Penalties Or Interest, Overpaid, Erroneously Or Illegally Collected, And Amend Section 4.28.120 To Grant Authority To The Utility Users Tax Administrator To Examine Books, Records And Witnesses, And To Issue Administrative Subpoenas To Persons In Violation Of Chapter 4.28
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.8 Subject: Priority Project Funds - District Four From: Councilmember Jean Quan Recommendation: Adopt A Resolution Authorizing For Immediate Allocation Of $35,000 Of Councilmember Jean Quan's Priority Project Funds To The City Of Oakland Office Of Parks And Recreation For The Woodminster Music Series
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: Encroachment Permit - 6201 Antioch Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Antioch Street Limited, LP, A Revocable And Conditional Permit To Allow The Encroachment Over The Public Right-Of-Way Of Existing Residential Balconies And An Entrance Marquee For A Building At 6201 Antioch Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.10 Subject: Collaborative Creek Improvement From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Receive And Appropriate Up To Two Hundred Eighty Thousand Dollars ($280,000) Per Year From The Alameda County Flood Control And Water Conservation District To Implement The Collaborative Creek Improvement And Clean Creeks Program For The Period From July 1, 2007 Through June 30, 2008 And Authorization To Extend Annually Through 2012
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.11 Subject: MacArthur Transit Hub Streetscape Improvement From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces of Legislation: 1) A Resolution 1) Authorizing The Acceptance And Appropriation Of $215,000 Of Measure B Bicycle And Pedestrian Countywide Discretionary Grant Funds From The Alameda County Transportation Improvement Authority And $215,000 Of Grant Funds From The Regional Bicycle And Pedestrian Program Administered By The Alameda County Congestion Management Agency From The 2006/2007 Coordinated Program, And Any Other Funds Received From These Programs; 2) Authorizing The Agency Administrator To Negotiate And Execute A Grant Funding Agreement With The Alameda County Transportation Improvement Authority, And 3) Accepting And Appropriating $125,000 From The Redevelopment Agency Of The City Of Oakland Under The Cooperation Agreement For The Required Local Match
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0249-1 2) An Agency Resolution Allocating $125,000 From The Broadway/MacArthur/San Pablo Tax Allocation Bonds Series 2006C-TE To The City Of Oakland Under The Cooperation Agreement To Fund The MacArthur Transit Hub Streetscape Improvement Project As Matching Funds For The 2006/2007 Coordinated Program Grant Funding Awards
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: Revocable And Conditional Permit - Lincoln Elementary School From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting A Revocable And Conditional Permit To The Oakland Unified School District To Allow Portable Classroom Buildings For Lincoln Elementary School At 225 11th Street To Encroach Into A Closed Section Of Alice Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.13 Subject: Lake Merritt Institute Agreement From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Two Year Agreement From July 1, 2007 To June 30, 2009 With The Lake Merritt Institute For Professional Services To Provide Cleanup, Maintenance, Monitoring, Volunteer Coordination, And Technical Assistance At Lake Merritt In An Amount Not To Exceed Three Hundred Twenty Thousand Dollars ($320,000), And To Extend The Initial Contract Period (July 1, 2007 To June 30, 2009) An Additional Two Years (Through June 30, 2011) If The Performance Standards In the Scope Of Work Are Met
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: Community Facilities Districts From: Office of the City Administrator Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving The City Council Of The City Of Oakland Aprroving Local Goals And Policies And Appraisal Standards For Community Facilities Districts; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0168-1 2) A Resolution Of Intention Of The City Of Oakland To Establish Community Facilities District No. 2007-1, In The Wood Street Project Area Generally Bounded By 10th Street, Wood Street, West Grand Avenue And Frontage Road, Interstate-880, Levy A Special Tax To Finance Certain Public Services And Approving A Proposed Boundary Map For Community Facilities District No. 2007-1
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: Parcel Purchases At Various Locations From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing The Purchase Of The Following Tax Defaulted Properties In The Coliseum And Central City East Redevlopment Project Areas From The County Of Alameda: (1) 7951 MacArthur Boulevard (APN 40-3407-1), Purchase Price $165,261 Plus Interest; (2)7963 MacArthur Boulevard (APN 40-3407-2), Purchase Price $188,270 Plus Interest; And (3) 606 Clara Street (APN 44-5014-6-3), Purcahse Price $256,029 Plus Interst; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0207-1 Subject: Parcel Purchases At Various Locations From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An City Ordinance Authorizing The Purchase Of Two Tax Defaulted Parcels On Sunshine Court (APN 40-3319-47-3 And APN 40-3319-47-2) From The County Of Alameda For A Price Not To Exceed $14,520 Plus Interest, And Accepting A Contribution Of $14,520 Plus Interest From The Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The Properties
City Resolution
07-0207-2 3) An Agency Resolution Authorizing The Contribution Of $14,520 Plus Interest In Agency Funds To The City Under The Cooperation Agreement For The Acquisition Of Sunshine Court
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.16 Subject: Uncollectible, Defaulted And Delinquent Loans From: Community and Economic Development Agency Recommendation: Adopt A Resolution To Remove Non-Performing Loans Receivable Of Approximately $806,912 From The Oakland Redevelopment Agency Accounts
City Resolution
Action: Adopted as Amended Passed

This Matter was Adopted as Amended on the Consent Agenda.
10.17 Subject: Peter And Helen Shiu - Lease From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Two-Year Lease With An Additional Two Year Option, With Peter And Helen Shiu For Real Property Located At 530 Lake Park Avenue, For Use As A Community Meeting Facility In An Annual Amount Not To Exceed $40,000 Plus Telephone And Utility Costs And A $200 Monthly Water Charge, For The Initial Term And The Option Term
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: Tax And Revenue Anticipation Notes From: Finance and Management Agency Recommendation: Adopt A Resolution Authorizing The Sale Of 2007-2008 Tax And Revenue Anticipation Notes, Series A And Series B (Federally Taxable); Authorizing The Execution And Delivery Of Related Documents and Approving Certain Related Actions
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.19 Subject: Parking Ordinance Amendment From: Finance and Management Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland Municipal Code Sections 10.36.010 "Parking Meter Defined," 10.36.020 "Parking Meter Installation-Painting Of Lines," 10.36.030 "Deposit Of Coins - Amount Of Coins Corresponds To Value Of Coins," 10.36.050 "Parking Meter Indication That Space Is Illegally In Use," 10.48.010 "Scheduling Of Parking Fines" To Apply To Pay-And-Display Parking Meters And Adding Section 10.36.015 "Acceptable Card And Pay-And-Display Meter Defined"
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.20 Subject: Dog Ordinance Amendment From: Office of Parks and Recreation Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland Municipal Code Title 6, Chapter 6.04, Section 6.04.080 Dogs At Large In Parks, To Allow Dogs To Be Off-Leash, Under Specific Conditions, In The Mosswood Park Dog Play Area As Authorized By The Parks And Recreation Advisory Commission
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0254-1 2) A Resolution Accepting And Appropriating Redevelopment Agency Funds From The Broadway/MacArthur/San Pablo Redevelopment Project Area Under The Cooperation Agreement In An Amount Not To Exceed $15,000 For The Construction Of The Mosswood Park Dog Play Area Project; And
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0254-2 3) An Agency Resolution Authorizing A Contribution Of Agency Funds From The Broadway/MacArthur/San Pablo Redevelopment Project Area To The City Under The Cooperation Agreement In An Amount Not To Exceed $15,000 For The Construction Of The Mosswood Park Dog Play Area Project
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.21 Subject: Stinger Operation Equipment Purchase From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Up To Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) Of Grant Funds From Fireman's Fund Insurance Company For The Purchase Of Stinger Operation Equipment Inventory And Training Materials
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.22 Subject: Michael Palmertree, MFT - Contract From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee, On Behalf Of The City Of Oakland, To: 1)Waive The Competitive Bid Process, 2) Enter Into A Contract With Michael Palmertree, MFT For Behavioral Science Consulting In Support Of The Police Department's Required Compliance With The Negotiated Settlement Agreement (Tasks 40 And 41) For Fiscal Year 2007-2008 (July 1, 2007 Through June 30, 2008) At A Cost Not-To-Exceed Forty-Nine Thousand Nine Hundred And Ninety-Nine Dollars ($49,999.00), And 3) Appropriate Fifteen Hundred ($1,500) To Cover The City Mandated 3% Contract Assessment Fee For This Agreement
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.23 Subject: VBS Services - Professional Services Agreement From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her Designee, On Behalf Of The City Of Oakland, To: 1) Waive The Competitive Bid Process, 2) Enter Into A Two-Year Professional Services Agreement For The Period Of July 1, 2006 Through June 30, 2008 With VBS Services, In An Amount Not To Exceed Forty Nine Thousand, Nine Hundred And Ninety-Eight Dollars ($49,998) To Perform Sexual Assault Suspect Examinations For Police Department Investigations
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.24 Subject: Travel Authorization - Councilmember Brooks From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Attend The United States Crime Prevention Through Environmental Design Conference From July 30th - August 1, 2007
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 Councilmember Brooks, seconded by Councilmember Chang, to Approve as Submitted the City Attorney's report that there were 4 final decisions made during Closed Session (see Attachment A). 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 Brooks, to Approve as Submitted the City Attorney's report that there was no non-confidential Closed Session Discussion 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: LLAD - Improvement And Assessment From: Office of the City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion, Adopt A Resolution Ordering Improvement To The City Of Oakland Landscape And Lighting Assessment District, Approval Of Engineer's Report, And Confirming The Levying Of The Assessments And Directing The Fiscal Year 2007-2008 Assessment To Be Turned Over To The County Auditor-Controller For Billing And Collection
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
14.2 Subject: Wildfire Prevention Assessment District-Annual Report From: Office of the City Administrator Recommendation: Conduct A Public Hearing And Upon Conclusion, Adopt A Resolution Confirming The Information In The Annual Report For The City Of Oakland Wildfire Prevention Assessment District For Fiscal year 2007-2008 And Levying Of The Assessments
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
14.3 Subject: Emergency Medical Services Tax Increase From: Office of the City Administrator Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing A Fiscal Year 2007-2008 Increase To A Special Tax Imposed For Emergency Medical Services In Accordance With The Emergency Medical Services Retention Act of 2004 (Measure M)
Ordinance
Action: Approved for Final Passage Passed

A motion was made by Councilmember Brooks, seconded by Councilmember Chang, that this matter be Approved for Final Passage. The motion carried by the following vote:
14.4 Subject: Paramedic Emergency Services Tax Increase From: Office of the City Administrator Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing A Fiscal Year 2007-2008 Increase To A Special Tax Imposed For Paramedic Emergency Services In Accordance With The Paramedic Services Act Of 1997 (Measure N)
Ordinance
Action: Approved for Final Passage Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Approved for Final Passage. The motion carried by the following vote:
14.5 Subject: Library Services Retention Tax Increase From: Office of the City Administrator Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing A Fiscal Year 2007-2008 Increase To A Special Tax Imposed For Library Services In Accordance With The Library Services Retention And Enhancement Act Of 2004 (Measure Q)
Ordinance
Action: Approved for Final Passage Passed

A motion was made by President of the Council Reid, seconded by Councilmember Brunner, that this matter be Approved for Final Passage. The motion carried by the following vote:
14.6 Subject: 5253 College Avenue - Appeal From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal And Upholding The CEQA Determination Of A Categorical Exemption For Case File Number CD06-604 (Construction Of 6 Dwelling Units Over Ground Floor Commercial At 5253 College Avenue, Oakland)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
14.6.1 Receive The Legal Opinion From The Office Of The City Attorney Regarding The 5253 College Avenue Appeal
Informational Report
Action: Received and Filed
14.7 Subject: Delinquent Business Taxes From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
07-0378-1 2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges To Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
07-0378-2 3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
14.8 Subject: Mandatory Garbage Fees - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For October/November/December 2006, Monthly Accounts And January/February/March 2007, Quarterly Accounts And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The Recordation Of Liens With Administrative Charges And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
07-0379-1 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland Delinquent Garbage Service Fees And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
07-0379-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant Chapter 8.28 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
14.9 Subject: Real Property Transfer Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Chang, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
07-0380-1 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
07-0380-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Real Property Transfer Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant Chapter 4.20 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
14.10 Subject: Transient Occupancy Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation: 1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
07-0381-1 2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland Delinquent Transient Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The County Tax Collector For Collection; Or
City Resolution
Action: Not Adopted
07-0381-2 3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent Transient Occupancy Taxes And The Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant Chapter 4.24 Of The Oakland Municipal Code
City Resolution
Action: Not Adopted
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 President of the Council Reid, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Chicago Climate Exchange From: Public Works Agency Recommendation: Adopt A Resolution Adopting The Statement Of Principles Regarding The Chicago Climate Exchange (A Voluntary, Legally Binding Greenhouse Gas Emission Registry, Reductions And Trading System) As Drafted By Participating State And Local Government Members Of The Exchange
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
17 Subject: Williams Energy Settlement From: Public Works Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Proceed With Multiple Energy Efficiency Projects As Follows: 1) Accept And Appropriate Six Hundred Sixty-Six Thousand Six Hundred And Sixty-Six Dollars and Sixty-Seven Cents ($666,666.67) Of Reliant Energy Settlement Funds And An Additional Nineteen Thousand Four Hundred Nine Dollars And Seventy-Four Cents ($19,409.74) Of Williams Energy Settlement Funds For Alternative Energy Or Energy Efficiency Activities; 2) Recognize And Appropriate Ninety-Five Thousand And Twenty Dollars And Twenty-Two Cents ($95,020.22) Of Solar Project-Related Interest And Refund Revenue; 3) Re-appropriate One Million Five Hundred Thousand Dollars ($1,500,000.00) Of Williams Energy Settlement Funds; 4)Accept And Appropriate Rebates, Grants And Incentives For Energy Projects; 5) Waive The Competitive Solicitation Processes For Various Energy Efficiency Services And Construction; 6) Award Contracts For Various Energy Efficiency Services And Construction In Excess Of The City Administrator's Purchase Authority; 7) Award A Contract To Iclei Local Governments For Sustainability For Greenhouse Gas Emissions Assessment And Climate Action Planning In An Amount Not-To-Exceed Eighty Thousand Dollars ($80,000.00); And 8) Award Grants To Rising Sun Energy Center In The Amount Of Eighty Thousand Dollars ($80,000.00) For The 2007 And 2008 Cyes Program, Eco Logos, Inc. In The Amount Of Thirty-Five Thousand Dollars ($35,000.00) For Launch Of A Pilot Carbon Credit Card Program, And Community Energy Services Corporation In The Amount Of Fifteen Thousand Dollars ($15,000.00) For Its Smartlights Program
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:
18 Subject: Broadway Phase II And III Sidewalk Improvement Project From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Awarding A Construction Contract To Sposeto Engineering, Inc. For The Broadway Phase II And II Sidewalk Improvement Project (C1949+20) For An Amount Not-To-Exceed Two Million Six Hundred Fifty-One Thousand Three Hundred Seventy-Six Dollars And Forty-Five Cents ($2,651,376.45), And Accepting And Appropriating A Contribution Of Redevelopment Agency Funds Under The Cooperation Agreement for An Amount Not To Exceed Six Hundred Eighty Thousand Four Hundred Twelve Dollars ($680,412.00)
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
07-0205-1 2) An Agency Resolution Authorizing A Contribution Of An Amount Not To Exceed Six Hundred Eighty Thousand Four Hundred Twelve Dollars ($680,412.00) From The Central District Redevelopment Project To The City Of Oakland Under The Cooperation Agreement To Fund The Construction Of The Broadway Phase II And III Sidewalk Improvement Project
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
19 Subject: Historic East 18th Street Pier Overlook Reconstruction Project From: Public Works Agency Recommendation: Adopt A Resolution 1) Rejecting All Bids Submitted For The Historic East 18th Street Pier Overlook Reconstruction Project (C242212); 2) Waiving Further Competitive Bidding Requirements; And 3) Authorizing The City Administrator To Purchase The Necessary Construction Services And Materials For The Project On the Open Market In An Amount Not To Exceed One Million Three Hundred Thousand Dollars ($1,300,000.00), Without Return To The City Council
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
20 Subject: Chinatown Pedestrian-Oriented Improvements From: Public Works Agency Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Top Grade Construction In The Amount Of Two Million Six Hundred Ninety Thousand One Hundred Seventy-Two Dollars ($2,690,172.00) For The Revive Chinatown Pedestrian-Oriented Improvement (Project No. G278210)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
21 Subject: Billboard Relocation Agreement From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A Billboard Relocation Agreement With Clear Channel Outdoor, Inc. ("CCO"): (1) Allowing CCO To Remove And Waive Its Rights To Compensation, Including All Real Property And Personal Property Interests, For A Number Of Billboards At Various Locations In Exchange For: (A) Removal Of A Billboard At 381- 5th Street And Construction Of A New Billboard At 377-5th Street; And (B) Removal Of A Billboard At 3420 Louise Street And Construction Of A Billboard On An Adjacent Lot (APN 007-0620-001-04); And (2) Requiring Mr. Libitzky, Property Owner Of 3420 Louise Street, To Make A One-Time Contribution Of $100,000 To The Chabot Space And Science Center And Requiring CCO To Make A One-Time Contribution Of $75,000 To A Cause Designated By The City Council
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Quan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted as Amended. The motion carried by the following vote:
22 Subject: Voluntary Earthquake Retrofitting Incentive Program From: Councilmembers Jean Quan and Jane Brunner Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Adopting Oakland Municipal Code Chapter 15.30 To Establish A Voluntary Seismic Strengthening Reimbursement Incentive Program For Residential Buildings And Amending The Master Fee Schedule To Establish A Voluntary Seismic Strengthening Permit Fee
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:
23 Subject: Senior Services Set-Aside Program From: Department of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute Contracts Between The City And Eleven Oakland Nonprofit Agencies (Alameda Community Food Bank, Mandela Marketplace, Inc., Alzheimer's Services Of The East Bay, Bay Area Community Services, Legal Assistance For Seniors, Lifelong Medical Care, Inc., Progressive Research and Training For Action, Rebuilding Together Oakland, Self Help For The Elderly, Mercy Retirement And Care Center, St. Mary's Center) To Provide Services To Senior Citizens Under Senior Services "Set-Aside" Funding For Fiscal Year 2007-2008 In An Total Amount Not To Exceed $470,000
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
24 Subject: Cultural Services Contracts From: Cultural Arts and Marketing Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into Cultural Services Grants With Seventy-Seven (77) Oakland-Based Nonprofit Organizations And Individual Artists Providing Arts And Cultural Services In Oakland During Fiscal Year 2007-2008 In A Total Amount Not To Exceed $1,144,838.51
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brooks, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
25 Subject: Measure Y Programs From: Department of Human Services Recommendation: Adopt The Following Pieces of Legislation: 1) A Resolution Authorizing The City Administrator To Amend An Agreement Between The City Of Oakland An Youth Radio For An Additional Amount Of $75,000 To Provide After School Jobs In Accordance With The Violence Prevention And Public Safety Act Of 2004 For The Period Of July 1, 2007 To June 30, 2008 With A One Year Option To Renew
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
07-0136-1 Subject: Measure Y Program - Attitudinal Healing Connection From: Department of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute An Agreement Between The City Of Oakland And Attitudinal Healing Connection, Inc. For An Amount Not To Exceed $160,000 To Provide Restorative Justice Training In Accordance With The Violence Prevention And Public Safety Act Of 2004 For The Period Of July 1, 2007 To June 30, 2008 With A One-Year Option To Renew (TITLE CHANGE)
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
07-0136-2 3) A Resolution Authorizing The City Administrator To Execute An Agreement Between The City Of Oakland And Work First Foundation For An Amount Not To Exceed $390,000 To Provide Transitional Jobs In Accordance With The Violence Prevention And Public Safety Act Of 2004 For The Period Of July 1, 2007 To June 30, 2008 With A One-Year Option To Renew
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
07-0136-3 4) A Resolution Authorizing The City Administrator To Amend The Agreement Between The City Of Oakland And Cityspan Technologies For An Additional Amount Not To Exceed $15,000 To Develop And Maintain A Database For Measure Y Grantees For The Period Of July 1, 2007 To June 30, 2008 With A One-Year Option To Renew
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
07-0136-4 5) A Resolution Authorizing The City Administrator To Amend An Agreement Between The City Of Oakland And The Mentoring Center For An Additional Amount Not To Exceed $200,000 For Delivery Of Community Services Under The Pathways To Change Model For Fiscal Year 2006-2007 With A One-Year Option To Renew
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
26 Subject: Sprint/Nextel Agreement From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator Or Her Designee To 1) Waive The Request For Proposals Competitive Selection Process And Negotiate And Execute An Agreement With Sprint/Nextel Communications For The Replacement, Retuning, Upgrade And Modification Of The City's 800 Mhz Radio Equipment Per The FCC Rebanding Agreement; And
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Kernighan, that this matter be Adopted. The motion carried by the following vote:
07-0351-1 2) A Resolution Allocating Funds From The Radio Replacement Fund In An Amount Not To Exceed Three Hundred Thousand Dollars ($300,000) And Authorize The City Administrator Or Her Designee To Execute Contracts Through Competitive Bids For Inventory Control Software, Battery Charger/Analyzer And Staff Training Without Return To Council
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Kernighan, that this matter be Adopted. 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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