City of Oakland Legistar System

Office of the City Clerk

Oakland City Hall

1 Frank H. Ogawa Plaza

Oakland, California 94612

LaTonda Simmons, City Clerk

A meeting of the Joint Oakland Redevelopment Agency and City Council was

held on the above date. Opening with the Pledge of Allegiance, the meeting

was convened at 4:17pm.

Roll Call / ORA & Council

COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel,

Dist. 3; Vice Mayor Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry

Chang, At-Large, and President Ignacio De La Fuente, Dist. 5

ORA\Councilmember Present: 8 - Member Reid, Chair Quan, Member Nadel,

Councilmember Kernighan, Member De La Fuente, Member Chang,

Chairperson Brunner and Councilmember Brooks

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.

Agency/Councilmember Brunner made a motion, seconded by

Agency/Councilmember Nadel to pull Item 10.36-CC from the consent calendar

and reschedule the item to the December 19, 2006 City Council Agenda as a

Non-Consent item, pursuant to rule 7(6) or Resolution 79006 C.M.S.

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.

Pursuant to Rule 7(8) of Resolution 79006 C.M.S., Agency/Councilmember

Kernighan made a motion, seconded by Agency/Councilmember Brunner to

schedule the following item heard at the November 14, 2006 Community and

Economic Develoment Committee to the December 19, 2006 City Council

Agenda as a Non-Consent item.

The following individual spoke on this item:

- Sanjiv Handa

Subject: EastSide Arts And Housing LLC Agreement

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation

Agreement With EastSide Arts And Housing LLC To Provide A Residual Receipts Loan In An

Amount Not To Exceed $249,000 For Permanent Financing Of The EastSide Arts And Housing

Project, A Mixed-Use Development At 2277-2289 International Boulevard

Approval of the Draft Minutes from the Concurrent Meeting of the Oakland Redevelopment

Agency/City Council held on October 31, 2006

A motion was made by Member Reid, seconded by Member Chang, to

*Approve as Submitted. The motion carried by the following vote:

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Oakland General Strike - Recognition

From: Councilmember Jane Brunner

Recommendation: Adopt A Resolution Honoring The 60th Anniversary Of The Oakland

General Strike

A motion was made by Chairperson Brunner, seconded by Member Nadel,

that this matter be Adopted. The motion carried by the following vote:

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

The following individual spoke on this item:

- Sanjiv Handa

9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS

Agency/Councilmember Reid took a point of personal privilege and requested

that the meeting be adjourned in memory of Marlene Dufour, Hazel Maryland

and Ethel Marie Jefferson

Agency/Councilmember Brooks took a point of personal privilege and

requested that the meeting be adjourned in memory of Gloria Sanford

Agency/Councilmember Nadel took a point of personal privilege and requested

that the meeting be adjourned in memory of Rashida Mohammed

Agency/Councilmember Brunner took a point of personal privilege and

requested that the meeting be adjourned in memory of Winta Mehari, Regba

Baharengasi and Yonas Mehari

10. CONSENT CALENDAR (CC) ITEMS:

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

This Matter was Adopted on the Consent Agenda.

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

View Report.pdf,

80254 CMS.pdf

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

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Zhone Technologies - Settlement

From: Office of the City Attorney

Recommendation: Adopt An Agency Resolution Authorizing Settlement Of Litigation In The

Matter Of Redevelopment Agency Of The City Of Oakland v. Zhone Technologies, Et Al., And

Authorizing The Negotiation And Execution Of Documents To Effectuate The Settlement

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Nicholas Counts - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Compromise And Settle The Claim Of Indemnity Claims A/S/O Nicholas Counts In The

Amount Of Thirteen Thousand Two Hundred Twenty Nine Dollars And 91 Cents ($13,229.91),

As A Result Of Property Damage Sustained In An Automobile Collision With A City Vehicle

On June 22, 2006 (Public Works Agency)

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Winn Schwyhart - Settlement Agreement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To

Compromise And Settle The Case Of Oakland Redevelopment Agency v. Winn Schwyhart, In

The Amount Of $625,000, As A Result Of An Eminent Domain Action Commenced By The

Redevelopment Agency To Facilitate The Uptown Project Development

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Yadira Holland - Settlement

From: Office of the City Attorney

Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To

Compromise And Settle The Claim Of Csaa-Iib Subrogee For Yadira Holland In The Amount

Of Eleven Thousand Seven Hundred Eighty Dollars And Eighty Nine Cents ($11,780.89), As A

Result Of Property Damage Sustained In An Automobile Collision With A City Vehicle On

June 02, 2006 (Police Services Agency)

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Hegenberger Road East Gateway / Airport Access Road Streetscape

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing Award Of A Contract To Ray's Electric For The Construction Of

Hegenberger Road East Gateway And Airport Gateway-Airport Access Road Streetscape

Improvement Projects For An Amount Not To Exceed Two Million Three Hundred Fifty Nine

Thousand Six Hundred Eleven Dollars And Fifty Cents ($2,359,611.50); And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

2) A Resolution Authorizing The City To Accept And Appropriate A Contribution Of

Redevelopment Agency Funds Under The Cooperation Agreement In An Amount Not To

Exceed $2,830,000 For The Design, Administration, And Construction Of The Hegenberger

Road East Gateway And Airport Gateway-Airport Access Road Streetscape Improvement

Projects; And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

3) An Agency Resolution Authorizing A Contribution Of An Amount Not To Exceed

$2,830,000 In Agency Funds To The City Of Oakland Under The Cooperation Agreement For

The Design, Administration, And Construction Of The Hegenberger Road East Gateway And

Airport Gateway-Airport Access Road Streetscape Improvement Projects

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

Subject: Geotechnical Engineering Services - Agreements

From: Public Works Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing A Professional Services Agreement With Ninyo And Moore For

As-Needed Geotechnical Engineering Services For A Contract Amount Not To Exceed Three

Hundred Fifty Thousand Dollars ($350,000.00); And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

2) A Resolution Authorizing A Professional Services Agreement With Cal Engineering And

Geology, Inc., For As-Needed Geotechnical Engineering Services For A Contract Amount Not

To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

3) A Resolution Authorizing A Professional Services Agreement With Furgo West, Inc., For

As-Needed Geotechnical Engineering Services For A Contract Amount Not To Exceed Three

Hundred Fifty Thousand Dollars ($350,000.00); And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

4) A Resolution Authorizing A Professional Services Agreement With Kleinfelder, Inc., For

As-Needed Geotechnical Engineering Services For A Contract Amount Not To Exceed Three

Hundred Fifty Thousand Dollars ($350,000.00); And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

5) A Resolution Authorizing A Professional Services Agreement With AGS, Inc., For As

Needed Geotechnical Engineering Services For A Contract Amount Not To Exceed Three

Hundred Fifty Thousand Dollars ($350,000.00); And

ORA\Councilmember Ayes: 8 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang, Committee Member

Brunner and Committee Member Brooks

6) A Resolution Authorizing A Professional Services Agreement With Mactec Engineering

And Consulting, Inc., For As-Needed Geotechnical Engineering Services For A Contract

Amount Not To Exceed Three Hundred Fifty Thousand Dollars ($350,000.00); And