Meeting of the Oakland City Council

Tuesday, September 18, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

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Agenda

CLOSED SESS. 9-18-07 Untitled item
City Resolution
Passed The Consent Agenda
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 July 17, 2007
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: Dr. C Dianne Howell - Recognition From: Councilmember Larry Reid Recommendation: Adopt A Resolution Honoring Dr. C. Dianne Howell On Her Dedicated Commitment To The Community And Convening The Black Expo To The City Of Oakland
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:
8.2 Subject: Pamela Williams - Recognition From: Council Member Larry Reid Recommendation: Adopt A Resolution Honoring Officer Pamela Williams On Her Retirement From The Oakland Police Department After 28 Years Of Dedicated Service
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
8.3 Subject: Rosemary Alcantrara - Recognition From: Office of the City Attorney Recommendation: Adopt A Resolution Commending Rosemary R. Alcantara For 30 Years Of Devoted And Dedicated Service And Congratulating Her On Her Retirement
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:
8.4 Subject: Young Athletes - Recognition From: Councilmembers Larry Reid and Desley Brooks Recommendation: Adopt A Resolution Honoring The 12 Year Old Athletes From Oakland, For Their Efforts In Participating In The Babe Ruth World Series Held In Baltimore, Maryland, August 10th Through August 15th, 2007
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:
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: Kent Harris - 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 Kent Harris V. City Of Oakland, Et Al., Case No. RG05216478, In The Amount Of $25,000.00 (Police Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: Port Of Oakland - Conflict Of Interest Code From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving A Conflict Of Interest Code For Designated Employees Of The Port Of Oakland
City Resolution
Action: Withdrawn and Rescheduled
10.5 Subject: Marc Rosenbaum - 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 Rosenbaum V. City Of Oakland, Alameda County Superior Court Case No. RG06-266560 In The Amount Of $250,000.00 (DHS)
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
10.6 Subject: East Oakland Boxing Association - Lease From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A New Lease With The East Oakland Boxing Association For City Property Located At 816-828 98th Avenue For Zero Rent In Exchange For In-Kind Services As Authorized By Ordinance No. 11722 C.M.S., For A Term Of Five (5) Years, With The City Having The Option To Grant One Additional Five Year Term Under The Same Terms And Conditions
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.7 Subject: Purchase Of 3233 Market Street From: Community and Economic Development Agency Recommendation: Approve The Introduction Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement With Olivet Institutional Missionary Baptist Church For The City's Purchase Of 3233 Market Street A Special Use Building, For The Fair Market Value Of Eight Hundred Fifty Thousand Dollars ($850,000) Plus Real Estate Closing Costs
Ordinance
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.8 Subject: Property Rights On Butters Drive From: Community and Economic Development Agency Recommendation: Approve The Introduction (First Reading) Of An Ordinance Authorizing The City Administrator To Negotiate, Execute And Acquire Property Rights In An 11,960 Square Foot Parcel Of Land, Located On Butters Drive Between Robinson And Brunell Drives, For Open Space From The Butters Land Trust For The Amount Of One Hundred Eighty-Five Thousand Dollars ($185,000) Plus Closing Costs Not To Exceed Five Thousand Dollars ($5,000) For The Measure DD Watershed Acquisition Project
Ordinance
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: Purchase Of 5818 International Boulevard From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing and Upon Conclusion Action On The Following Pieces Of Legislation: 1) Introduction (First Reading) Of An Ordinance Authorizing The Purchase Of Real Property At 5818 International Boulevard (Apn 038-3234-012-03 And 038-3234-013-01) From A. Essabhoy, Trustee Of The Essabhoy Trust, For $790,000, Plus Customary Real Estate Closing Costs, For Redevelopment As A Teen Youth Center, And Accepting And Appropriating A Contribution Of $790,000, Plus Customary Real Estate Closing Costs, From The Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The Property; And
Ordinance
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.10 Subject: Ralph And Joan Smith - 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 Ralph Smith And Joan Smith In The Amount Of Sixty Thousand Dollars And No Cents ($60,000.00), As A Result Of Property Damage Sustained Due To Repeated Sewer Flooding Caused By A Failed City Sewer Main On December 18, 22 And 31, 2005, February 27, 2006, March 1, 2006 And April 12-13, 2006 (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.11 Subject: Sydney Vax - 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 Grunsky, Ebey, Farrar & Howell Subrogee For CSAA Sydney Vax, In The Amount Of $41,679.79, As A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Broken And Clogged City Sewer Main (PWA)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: Miroslaw Laszuk - 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 Miroslaw Adam Laszuk In The Amount Of Seven Thousand Fifty Two Dollars And 26 Cents ($7,052.26), As A Result Of Property Damage Sustained In An Automobile Collision With A City Vehicle On April 23, 2007. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.13 Subject: Project Priority Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $2,000 From Councilmember De La Fuente's Priority Project Funds To The Friends Of Oakland Parks & Rec For The Purpose Of Funding Memorial Plaque Replacements In The Firestorm Memorial Garden
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: Priority Project Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $1,000 From Councilmember De La Fuente's Priority Project Funds To The Oakland East Bay Symphony Music In Schools Fund-A-Need
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: Priority Project Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $500 From Councilmember De La Fuente's Priority Project Funds to The Crucible's Fund-A-Need Scholarship
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.16 Subject: Priority Project Funds - District Five From: Council President De La Fuente Recommendation: Adopt A Resolution Authorizing A Grant Of $2,000 From Council Member De La Fuente's Priority Project Funds To The Friends Of Peralta Hacienda Historical Park For The Purpose Of Funding Family Fun Days At Peralta Hacienda Historical Park
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.17 Subject: High Speed Rail Alignment From: Council President De La Fuente & Mayor Ronald Dellums Recommendation: Adopt A Resolution Urging The Metropolitan Transportation Commission, The California High-Speed Rail Authority, The State Legislature And The Governor Of California To Implement And Fund The Regional Rail Plan In Accordance With Regional Measure 2 With A High Speed Rail Alignment Through The East Bay And Oakland With A Direct Link To The Transbay Terminal
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Allocation Of $7,143.75 Of Councilmember Larry E. Reid's Priority Project Funds To The Oakland Police Department To Fund Travel Expenses For Staff Attendance At Two Training Conferences
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.19 Subject: Tract 7763 Final Map - 5920 San Pablo From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving A Subdivision Improvement Agreement With KG Partners LP For The Final Map For Tract 7763 For Construction Of Public Infrastructure Improvements For A Subdivision At 5920 San Pablo Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0567-1 2) A Resolution Conditionally Approving The Final Map For Tract 7763 For A Subdivision At 5920 San Pablo Avenue And Conditionally Accepting Irrevocable Offers of Dedication For On-Site Public Access And Public Utility Easements
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.20 Subject: Tract 7821 Final Map - 508 105th Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract 7821 And Accepting A Dedication Of A Public Utility Easement For A Residential Subdivision At 508 105th Avenue
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.21 Subject: Tract 7611 Final Map - 1158 14th Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract 7611 For A Residential Subdivision At 1158 14th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.22 Subject: Tract 7787 Final Map - 1200 Ariane Court From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Conditionally Approving A Subdivision Improvement Agreement With CCCI Properties For The Final Map For Tract 7787 For The Chateau Montclair Subdivision For Construction Of Public Infrastructure Improvements At 1200 Ariane Court
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0570-1 2) A Resolution Conditionally Approving The Final Map For Tract 7787 For The Chateau Montclair Subdivision At 1200 Ariane Court And Conditionally Accepting Irrevocable Offers Of Dedication For On-Site Public Access And Public Utility Easements
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.23 Subject: Councilmember Desley Brooks - Travel Authorization From: Councilmember Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Attend The Congressional Black Caucus Legislative Conference September 26-29, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.24 Subject: Lau And Liu 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 Lau And Liu V. City Of Oakland, Et Al., Superior Court, County Of Alameda, Case No. RG06289218, In The Amount Of $16,000.00, As A Result Of A Vehicular Accident At Fourteenth And Clay Street, On February 19, 2006 (Oakland Police Department)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.25 Subject: Councilmember Brunner - Travel Authorization From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Authorizing Councilmember Jane Brunner To Travel To New York, New York For The Purpose Of Visiting The New York World Trade Center In September, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.26 Subject: Class II Bicycle Lanes On West Street From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Authorizing Installation Of Class II Bicycle Lanes On West Street By Reducing Travel Lanes From Four (4) Through Lanes To Two (2) Through Lanes And Adding A Continuous Center-Turn Lane In Conjunction With A Resurfacing Project Between 52nd Street And West Macarthur Boulevard
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.27 Subject: Trail Development Grants From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator, Or Her Designee, To Apply For Accept And Appropriate Grant Funds From The San Francisco Bay Trail Regional Development Program, From Proposition 84, For Up To Six Hundred Thousand Dollars ($600,000.00) Of Which Three Hundred Thousand Dollars ($300,000.00) Is For The Derby Avenue To Lancaster Street Gap Closure And Three Hundred Thousand Dollars ($300,000.00) Is For The Cryer Site (Dennison Street To Union Point Park) Gap Closure Segments Of The Oakland Waterfront Bay Trail
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0517-1 2) A Resolution Of The Oakland City Council Authorizing The City Administrator, Or Her Designee, To Apply For, Accept And Appropriate Grant Funds From The California Department Of Parks And Recreation Recreational Trails Program For The Cryer Site Gap Closure Segment Of The Oakland Waterfront Trail Up To The Amount Of Six Hundred Thousand Dollars ($600,000.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.28 Subject: Revocable And Conditional Permit - 3701 Broadway From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting Kaiser Foundation Hospitals A Revocable And Conditional Permit For A New Building At 3701 Broadway To Allow Vaults With Telecommunication Equipment And Electrical Transformers To Encroach Under The Public Sidewalk Along Broadway And 38th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.29 Subject: Revocable And Conditional Permit - 3665 West Street From: Community And Economic Development Recommendation: Adopt A Resolution Granting Phan Lan A Revocable And Conditional Permit To Allow An Existing Building At 3665 West Street To Encroach Into The Public Right-Of-Way Along West Street And 37th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.30 Subject: 4850 Clarewood Drive - Storm Drainage Easement From: Community and Economic Development Recommendation: Adopt A Resolution Vacating Public Service Easement At 4850 Clarewood Drive To The Roman Catholic Welfare Corporation Of Oakland For Saint Theresa Parochial School
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.31 Subject: 73rd Avenue And Garfield Avenue Traffic Signal Project From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Accept And Appropriate A Grant In The Amount Of Two Hundred Seventy-Five Thousand Dollars ($275,000.00) From The Alameda County Congestion Management Agency Transportation Improvement Program (ACCMA TIP) For The 73rd Avenue And Garfield Avenue Traffic Signal Project and Waiving the 1.5% Public Art Fee
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.32 Subject: AJW Construction Contract From: Community And Economic Development Agency Recommendation: Adopt A Resolution Awarding A Contract To The Lowest Bidder, AJW Construction, For The Construction Of The Citywide Traffic Island And Bulb-Out In Accordance With Specifications For Project No. C159720, Fiscal Year 2005 - 2007, At The Santa Clara Avenue At Lakepark Avenue, Vernon Street At Lee Street, Joaquin Miller Road At Robinson Drive, Pierson Street Between Macarthur Boulevard And Redding Street, Park Boulevard At El Centro Avenue, And Three Or More Other Pending Locations In The Amount Of Five Hundred Three Thousand One Hundred Eighty-Five Dollars ($503,185.00)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.33 Subject: Sale Of Real Property - 4201 Foothill Boulevard From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement To Sell Approximately 8,704 Square Feet Of City-Owned Surplus Real Property Located At 4201 Foothill Boulevard To Singa Development LLC, A California Limited Liability Company, The Adjoining Property Owner, For The Fair Market Value Of Three Hundred Twenty-One Thousand Nine Hundred Sixty-One Dollars ($321,961)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.34 Subject: Friendly Transportation Company - Land Agreements From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute 1) An Agreement To Acquire An Easement On A Portion Of A Parcel Of Land From Friendly Transportation Company To Construct A Section Of Bay Trail Along The Oakland Tidal Canal At Alameda Avenue For $30,000 Plus Customary Closing Costs To Be Funded From Measure DD, And 2) A Right Of First Refusal For Friendly Transportation Company To Purchase Future Surplus City Land, If Any, Remaining From The Proposed 42nd Ave. And High Street Widening Project, Extending From 8th Street To Howard Street, At Fair Market Value, Subject To Applicable State And City Statutes
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.35 Subject: Mandela Foods Cooperative Grant From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing A $200,000 Tenant Improvement Grant To The Mandela Foods Cooperative To Rehabilitate Its Grocery Store At 1420-1430 7th Street, And Allocating West Oakland Redevelopment Funds For The Grant
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.36 Subject: The Neighborhood Project Initiative Program From: Community & Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authoring Funding For Various Improvement Projects In An Amount Not To Exceed $200,000 Under The Broadway/Macarthur/San Pablo Neighborhood Project Imitative Program, Authorizing A Contribution Of Agency Funds To The City Under The Cooperation Agreement In An Amount Not To Exceed $185,000 For City Public Improvements Under The Program, And Authorizing The Agency Administrator To Enter Into Agreements With Project Sponsors And Make Necessary Expenditures To Implement Projects Funded Under The Program Without Returning To The Agency
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0455-1 2) A Resolution Accepting And Appropriating Redevelopment Agency Funds Under The Cooperation Agreement In Amount Not To Exceed $185,000 For City Public Improvements Within The Broadway/Macarthur/San Pablo Redevelopment Project Area Under The Neighborhood Project Initiative Program
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.37 Subject: East Bay Regional Park District - Real Property Exchange Agreement From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To (1) Negotiate And Execute A Real Property Exchange Agreement With The East Bay Regional Park District ("EBRPD") For The Exchange Of City Of Oakland Owned Lands Located Near Roberts Regional Recreation Area, Redwood Regional Park, Temescal Regional Area, And The Claremont Canyon Regional Preserve, For EBRPD Owned Lands Located In Shepard Canyon, And (2) Grant A West Ridge Trail Easement And A Redwood Bowl Parking Lot Easement To EBRPD In Consideration Of Its Payment Of The City's Share ($15,000) Of The Cost To Prepare The Legal Descriptions Of The Properties To Be Exchange
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.38 Subject: Youth Early Diversion Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To 1) Waive The Competitive Request For Proposals Process, And 2) Negotiate, And Enter Into A Contract With East Bay Community Foundation To Implement A Youth Early Diversion Program And To Conduct A Police Training Collaborative In An Amount Not-To-Exceed Ninety-Four Thousand Five Hundred Eight-Eighty Dollars ($94,588) For A Period Not-To-Exceed One Year From The Date Of Passage Of This Resolution
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.39 Subject: Training Equipment For The Oakland Fire Department From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Solicit, Apply For, Accept And Appropriate Grants And Donations Of Cash, Services, Equipment, Supplies And Training From, But Not Limited To, State And Federal Agencies, Local Businesses, Corporations, Utility Companies, And Other Sources In Aggregate Amounts That Will Not Collectively Exceed Three Million Dollars Over A Two Year Period Beginning October 1, 2007 And Ending September 30, 2009 To Be Used For The Enhancement And Upgrade Of The Oakland Fire Department Training Division
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.40 Subject: Elmhurst Weed and Seed Initiative From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000) From The U.S. Department Of Justice, Office Of Justice Programs, Community Capacity Building Office, In Support Of Second Year Program Operations Associated With The Elmhurst Weed And Seed Initiative In The Office Of The City Administrator
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 Brunner, seconded by Councilmember Chang, to Approve as Submitted from the Office of the City Attorney a report of 1 final decision made during Closed Session. 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 Councilmember Brooks, seconded by Councilmember Chang, to Approve as Submitted the motion confirming that there were no discussions pursuant to Section 15 of the Sunshine Ordinance COUNCILMEMBER REID WAS NOTED PRESENT AT 7:40PM 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: 2006-2007 CAPER From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Receive A Report Regarding The Consolidated Annual Performance And Evaluation Report (CAPER) For Community Development Block Grant (CDBG) HOME, Housing Opportunities For People With AIDS (HOPWA) And Emergency Shelter Grant (ESG) Programs Performance For The Year 2006-2007
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Quan that this matter be Received and Filed. The motion carried by the following vote:
14.2 Subject: Purchase Of Real Property - 1718 50th Avenue From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The Purchase Of Real Property At 1718 50th Avenue, Oakland (APN 035-2386-019)) From Dierdre Veals, For $309,000, Plus Customary Real Estate Closing Costs, For Redevelopment As Fire Station 18 And Accepting A Contribution Of $309,000, Plus Customary Real Estate Closing Costs, From The Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The Property; And
Ordinance
Action: Approved as Amended on Introduction for Final Passage Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Brunner, to Approved as Amended on Introduction for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on October 2, 2007. The motion carried by the following vote:
07-0539-1 2) An Agency Resolution Authorizing The Contribution Of $309,000 Plus Customary Real Estate Closing Costs To The City Under The Cooperation Agreement For The Acquisition Of 1718 50th Avenue For Its Redevelopment As A Fire Station
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Brunner, that this matter be Adopted. The motion carried by the following vote:
14.3 Subject: Wood Street Development District Formation From: Budget Office Recommendation: Conduct A Public Hearing On Formation Of Community Facilities District No. 2007-1 (Wood Street Development District), Authorizing The Levy Of A Special Tax Therein And Submitting The Levy Of The Special Tax To The Qualified Electors Of The Community Facilities District And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) A Resolution Of Formation Of Community Facilities District No. 2007-1 And Authorizing The Levy Of A Special Tax Therein; And
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
07-0500-1 2) A Resolution Calling Special Mail Ballot Election For Qualified Electors Of Community Facilities District No. 2007-1; And
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
07-0500-2 3) A Resolution Determining The Result Of The Special Mail Ballot Election Held In Community Facilities District No. 2007-1 (Wood Street Development District), On June 19, 2007; And
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
07-0500-3 4) Approve The Introduction (First Reading) Of An Ordinance Levying Special Taxes Within The Community Facilities District No. 2007-1 (Wood Street Development District)
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Approved On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the October 2, 2007 meeting. The motion carried by the following vote:
14.4 Subject: Appeal For 1727 East 24th Street 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 For Construction Of A Four (4) Unit Condominium In The R-50 Zone With A Two (2) Foot Height Variance Located At 1727 E 24th Street (Case File Number(s) A07-103; CMDV05-507; & TPM8859
City Resolution
Action: Withdrawn and Rescheduled
14.5 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 President of the Council Reid, seconded by Councilmember Chang, that this matter be Adopted. The motion carried by the following vote:
07-0562-1 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
07-0562-2 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
14.6 Subject: Delinquent Mandatory Garbage Fees From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For January/February/March 2007, Monthly Accounts And April/May/June 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 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
07-0563-1 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 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
07-0563-2 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
14.7 Subject: Delinquent Real Property Taxes 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 Quan, that this matter be Adopted. The motion carried by the following vote:
07-0564-1 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
07-0564-2 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
14.8 Subject: Delinquent Transient Occupancy Taxes 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 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: 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:
07-0565-1 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 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
07-0565-2 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 Councilmember Kernighan, seconded by Councilmember Brooks, that this matter be Adopted. The motion carried by the following vote:
16 Subject: Pacific Renaissance Associates - Settlement Agreement From: Office of the City Attorney Recommendation: Adopt The Following Pieces Of Legislation 1) A Resolution Authorizing Settlement Of Litigation In The Matter Of The City Of Oakland Et Al., V. Pacific Renaissance Associates II, Et Al., And Related Cases, Authorizing The Negotiation And Execution Of Documents To Effectuate The Settlement, And Rescinding Resolution No. 80120 C.M.S Authorizing Previous Settlement Terms; And
City Resolution
Action: Adopted Passed

A motion was made that this matter be Adopted. The motion carried by the following vote:
07-0547-1 2) An Agency Resolution Authorizing Settlement Of Litigation In The Matter Of The City Of Oakland Et Al., V. Pacific Renaissance Associates II, Et Al., And Related Cases, Authorizing The Negotiation And Execution Of Documents To Effectuate The Settlement, And Rescinding Resolution No. 2006-0065 C.M.S Authorizing Previous Settlement Terms
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
17 Subject: Impact Of Waste Management Lockout From: Public Works Agency Recommendation: Receive An Informational Report Summarizing Events And Impacts On Garbage, Yard Waste, And Recycling Service In July 2007 Due To Waste Management Of Alameda County's Lockout Of Teamsters Local 70
Informational Report
Action: Received and Filed Passed

A motion was made by President of the Council Reid, seconded by Councilmember Chang, that this matter be Received and Filed. The motion carried by the following vote:
18 Subject: Tobacco Shop Moratorium From: Councilmember Larry Reid Recommendation: Adopt An Urgency Ordinance Pursuant To California Government Code Section 65858, Extending Until March 20, 2008 A Moratorium On The Establishment Of Any New Activity Or Facility Selling Tobacco Or Tobacco Related Products Or Paraphernalia
Ordinance
Action: Approved for Final Passage Passed

A motion was made by President of the Council Reid, seconded by Councilmember Quan, that this matter be Approved for Final Passage. The motion carried by the following vote:
19 Subject: Vehicle Sideshow Ordinance Repeal From: Office of the City Attorney Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Repealing Ordinance No. 12695 C.M.S. Which Declared Vehicle Sideshows A Public Nuisance, Prohibited The Gathering Of Spectators At Such Public Nuisance Events And Provided For The Forfeiture Of Vehicles Involved In Sideshow Events
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage
20 Subject: Oakland Park Ranger's Association - MOU From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving The Memorandum Of Understanding Between The City Of Oakland And The Oakland Park Rangers' Association, Representing Employees In Representation Unit R01, Covering The Period Of July 1, 2006 To June 30, 2008
City Resolution
Action: Withdrawn with No New Date
07-0572-1 Subject: Oakland Park Ranger's Association - MOU 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 Memorandum Of Understanding For The Oakland Park Rangers Association
City Resolution
Action: Withdrawn with No New Date
21 Subject: Sjoberg Evashenk Consulting - Agreement From: The City Auditor Recommendation: Adopt A Resolution Waiving The Competitive Request For Proposal Process For An Increase In Scope Of Services And Price To The Agreement With Sjoberg Evashenk Consulting For Audit Services
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
22 Subject: City Planning Commission Appointments From: Office Of The Mayor Recommendation: Adopt A Resolution Appointing Sandra E. Galvez And Carlton "Blake" Huntsman As Members Of The City Planning Commission
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
23 Subject: Residential Permit Parking Area - Panoramic Way From: Public Works Agency Recommendation: Adopt A Resolution Approving The Establishment Of A Two-Hour Parking Time Limit And Implementation Of A New Preferential Residential Permit Parking (PRPP) Area “L” On Panoramic Way From 401 Panoramic Way At The Oakland/Berkeley City Limit Southerly To 701 Panoramic Way At Dwight Way Pursuant To California Vehicle Code § 22507 And Oakland Municipal Code Section 10.44
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
24 Subject: Contract Compliance Analysis Format From: Contract and Purchasing Recommendation: Action On A Report And Recommendations On The Contents Of The City's Contract Compliance Analysis Format
Report and Recommendation
Action: Approved Passed

A motion was made by Councilmember Brooks, seconded by Vice Mayor Nadel, that this matter be Approved. The motion carried by the following vote:
25 Subject: Madison Square Park Interim Renovation Project From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing A Contribution Of $150,000.00 In Agency Funds To The City Of Oakland Under The Cooperation Agreement For Construction Of The Madison Square Park Interim Renovation
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
07-0553-1 2) A Resolution Authorizing The City To Accept And Appropriate A Contribution Of Redevelopment Agency Funds Under The Cooperation Agreement In The Amount Of One Hundred Fifty Thousand ($150,000.00) For The Madison Square Park Interim Renovation Project
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
07-0553-2 3) A Resolution Awarding A Contract To Beliveau Engineering Contractors For The Construction Of The Madison Square Park Interim Renovation Project (Project No. B00630) In The Amount Of Two Hundred Twelve Thousand Dollars ($212,000.00), Including Contingency
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Kernighan, seconded by President Pro Tempore De La Fuente, that this matter be Adopted. The motion carried by the following vote:
26 Subject: Equal Access Ordinance Implementation From: Office of Personnel Recommendation: Action On A Follow-Up Report On The Status Of The Implementation Of The Equal Access Ordinance And Recommendations For Improving Language Access To City Of Oakland Services
Report and Recommendation
Action: Approved Passed

A motion was made by Councilmember Quan, seconded by Councilmember Kernighan, that this matter be Approved to proceed with the following actions: return with direction to insert State levels for access, provide information on non english speaking citizens use versus limited speaking citizens; commence with departmental survey as required by the State annually for Oakland; monitoring of limited english speaking persons who receive services; look at verious populations that have changed; look at the implementation to make sure there are no lawsuits; and look at the 5% threshold when this item returns to committee. The motion carried by the following vote:
27 Subject: Vestra Resources, Inc Agreement From: Public Works Agency Recommendation: Adopt A Resolution Waiving Oakland's Competitive Bid Process And Authorizing A Competitive Request For Proposal Process, For The Purchase Of A Computerized System Involving Products And Services, And Authorizing The City Administrator, Or Her Designee, To Negotiate And Award An Agreement To Vestra Resources, Inc. For A Work Management System For The Public Works Agency, Including Hardware, Software And Configuration, Installation, Testing, Training, And Support Services In An Amount Not To Exceed One Million Two Hundred Thousand Dollars ($1,200,000.00), Including A Ten Percent Contingency
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:
28 Subject: Inclusionary Housing Report From: Community And Economic Development Agency Recommendation: Receive An Informational Staff Report Of Blue Ribbon Commission Recommendations For An Inclusionary Housing Ordinance, Condominium Conversion Ordinance Revisions And Other Housing Policy Recommendations
Informational Report
Action: Received and Filed Passed

A motion was made by Councilmember Chang, seconded by Councilmember Brooks, that this matter be Received and Filed with direction to work with the Mayor's Office to coordination when this proposal could return with the Mayor's planned activities. The motion carried by the following vote:
29 Subject: Smoking Ordinance From: Office of the City Administrator Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland Municipal Code Chapter 8.30, "Smoking" To (1) Prohibit Smoking At Bus Stops And Other Areas Where The Public Waits For Service, (2) At Outdoor Dining Areas, Public Trails, Parks And City-Owned Golf Courses, (3) Family Childcare Centers, (4) Common Outdoor Areas In Multi-Unit Housing; (5) Restrict Smoking Outside Bars To Ten (10) Feet From Entrances; (6) Require New Rental And Sale Agreements For Multi-Unit Housing To Disclose Nonsmoking Prohibitions (TITLE CHANGE)
Ordinance
Action: Approved On Introduction and Scheduled for Final Passage Passed

A motion was made by Vice Mayor Nadel, seconded by Councilmember Quan, that this matter be Approved On Introduction and Scheduled for Final Passage to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, to be heard at the October 2, 2007 meeting. 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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