City of Oakland Legistar System

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

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

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

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

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

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

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: 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

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

7) A Resolution Authorizing A Professional Services Agreement With Engeo Inc., For As

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

Hundred Fifty Thousand Dollars ($350,000.00)

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: Landscape Architectural Design Services

From: Public Works Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing A Professional Services Agreement With Golden Associates For

As-Needed Landscape Architectural Design Services For An Amount Not To Exceed Four

Hundred Thousand Dollars ($400,000.00); 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 Amphion

Environmental, Inc., For As Needed Landscape Architectural Design Services For An Amount

Not To Exceed Four Hundred Thousand Dollars ($400,000.00); 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 Bottomley Associates

For As-Needed Landscape Architectural Design Services For An Amount Not To Exceed Four

Hundred Thousand Dollars ($400,000.00); 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 Sasaki Associates, Inc.,

For As-Needed Landscape Architectural Design Services For An Amount Not To Exceed Four

Hundred Thousand Dollars ($400,000.00); 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 Design, Community

And Environment For As-Needed Landscape Architectural Design Services For An Amount

Not To Exceed Four Hundred Thousand Dollars ($400,000.00); 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 PGA Design Inc. For

As-Needed Landscape Architectural Design Services For An Amount Not To Exceed Four

Hundred Thousand Dollars ($400,000.00); 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

7) A Resolution Authorizing A Professional Services Agreement With Dillingham Associates

For As-Needed Landscape Architectural Design Services For An Amount Not To Exceed Four

Hundred Thousand Dollars ($400,000.00); 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

8) A Resolution Authorizing A Professional Services Agreement With Wallace Roberts And

Todd, LLC, For As Needed Landscape Architectural Design Services For An Amount Not To

Exceed Four Hundred Thousand Dollars ($400,000)

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: Parking Meter Provisions

From: Finance and Management Agency

Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending

Oakland Municipal Code, Title 10, Chapter 10.36, Article 10.36.030 Parking Meter Zones, To

Delete Obsolete Parking Meter Fee Provisions

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: Infill Development Incentives Program

From: Director, Community And Economic Development

Recommendation: Adopt An Agency Resolution Allocating $60,000 For A Second Year To

The Coliseum Infill Development Incentives Program From Fiscal Year 2006-2007 Coliseum

Redevelopment Project Area Funds

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: Workforce Training

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing A One Year Agreement With The

Youth Employment Partnership, Inc., To Provide Workforce Training For Graffiti Abatement

Services In The Coliseum Project Area In An Amount Not To Exceed $40,000

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: Railroad Avenue Street Improvements

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Amending Resolution No. 2005-0036 C.M.S. To Reallocate Agency

Funds Remaining From Construction Of The Railroad Avenue Street Improvement Project

Phase I From 85th Avenue To Louisiana Street In The Amount Of $70,000 To The Design Of

The Railroad Avenue Street Improvement Project Phase II From Louisiana Street To 98th

Avenue Including Adjacent Streets In The Coliseum Redevelopment Area; 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 Amending Resolution No. 79323 C.M.S. To Consent To The Reallocation Of

A Contribution Of Redevelopment Agency Funds Under The Cooperation Agreement In An

Amount Not To Exceed $70,000 Remaining From The Construction Of The Railroad Avenue

Street Improvements Project Phase I From 85th Avenue To Louisiana Street To The Design Of

The Railroad Avenue Street Improvements Project Phase II From Louisiana Street To 98th

Avenue Including Adjacent Streets In The Coliseum Redevelopment Area

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: Public Art Design - Rockridge-Temescal Greenbelt

From: Cultural Arts And Marketing

Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And

Execute A Professional Services Agreement With Mark Brest Van Kempen For Public Art

Design, Fabrication And Installation Services For The Rockridge-Temescal Greenbelt In An

Amount Not To Exceed Seventy-Five Thousand Dollars ($75,000)

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: Public Art Design - Professional Services Agreement

From: Cultural Arts and Marketing

Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And

Execute A Professional Services Agreement With Lynne-Rachel Altman For The Children's

Fairyland Public Art Project In An Amount Not To Exceed $65,000 In Measure DD Public Art

Funds

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

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: 2006 Sobriety Checkpoint Program

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The

City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of One Hundred

Two Thousand Seven Hundred One Dollars And Seventy-Six Cents ($102,701.76) From The

Regents Of The University Of California, Berkeley, School Of Public Health, Traffic Safety

Center, Serving As The Fiscal Agent For The State Of California, Office Of Traffic Safety, For

The 2006 Sobriety Checkpoint Program To Be Conducted By The Police Department

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: Priority Project Funds - District Six

From: Councilmember Brooks

Recommendation: Adopt A Resolution Immediately Allocating $25,000 From The Priority

Project Funds Of City Council Member Desley Brooks To The Elijah Muhammad Education

Foundation (TITLE CHANGE)

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: Priority Project Funds - District Three

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of $5,000 Of

Councilmember Nancy J. Nadel's Priority Project Funds To The Martin Luther King 2007

Celebration Hosted By The Attitudinal Healing Connection 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: Priority Project Funds - District Three

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution Authorizing Immediate Allocation of $60,000 Of

Councilmember Nancy J. Nadel's Priority Project Funds To The Community And Economic

Development Agency (CEDA)/Neighborhood Commercial Revitalization Program For The

Purpose Of Hiring An Executive Director For The West Oakland Main Street Program

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: Priority Project Funds - District Seven

From: Councilmember Larry Reid

Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of $15,000 From

Councilmember Larry E. Reid's Priority Project Funds To Oakland's Potter House To Assist At

Risk Youth And Their Families In The Reunification Process By Facilitating Healthy

Relationships While Providing Support Through Workshops

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: Priority Project Funds - District Five

From: Council President De La Fuente

Recommendation: Adopt A Resolution Immediately Allocating $3,636 From City Council

President Ignacio De La Fuente's Priority Project Funds To "The Crucible" For A Nine Week

After School Workshop For Edna Brewer Middle School Students For The Creation Of 30

Metal Flowers As Part Of A School Beautification Project

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: Salary Ordinance Amendment

From: Finance and Management Agency

Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending

The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To: Add The Permanent

Full Time Equivalent Classifications Of Deputy Director Of Police (Non-Sworn) And Grants

Coordinator; Amend The Titles Of The Full Time Classifications Complex Manager And

Assistant Complex Manager To Facilities/Complex Manager, And Assistant

Facilities/Complex Manager Respectively; And To Amend The Effective Date Of The Salary

Increase To The Full Time Equivalent Classification, Concrete Finisher From May 30, 2006 To

February 4, 2006

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: Zero Waste Plan

From: Public Works Agency

Recommendation: Adopt A Resolution Adopting A Strategic Plan To Achieve The City

Council Goal Of Zero Waste By 2020 For 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: Fidelity Roof Company

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Waive Any

Further Competitive Bidding And To Negotiate And Award A Contract To Fidelity Roof

Company For A Not To Exceed Amount Of Five Hundred Sixty Two Thousand Two Hundred

Thirty Three Dollars ($562,233.00) For Roofing And Waterproofing, Installation And Repairs

At Various City-Owned Facilities

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: Lake Merritt Stormwater Treatment

From: Public Works Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing The City Administrator To Apply For, Accept And Appropriate

Five Hundred Seventy-Seven Thousand Nine Hundred Dollars ($577,900) From The State

Water Resources Control Board Consolidated Grants Program For Lake Merritt Stormwater

Treatment

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 Administrator To Apply For, Accept And Appropriate

One Million Dollars ($1,000,000) From The State Coastal Conservancy For The Lake Merritt

Bird Islands Restoration And Demonstration Wetlands Project

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: East 12th Street Bikeway Project

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Apply For,

Accept, And Appropriate Up To Three Hundred Thousand Dollars ($300,000.00) In Fiscal

Year 2006-2007 Alameda County Measure B Bicycle And Pedestrian Discretionary Funds For

The East 12th Street Bikeway Project, 2nd To 38th Avenues

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: Regional Bikeway Gap Closures Project

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Apply For,

Accept, And Appropriate Up To Three Hundred Thousand Dollars ($300,000.00) In Fiscal

Year 2007-2008 Bicycle Transportation Account (BTA) Funds For The Market/27th Streets

Regional Bikeway Gap Closures Project

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: Fruitvale Business Improvement District

From: Community and Economic Development Agency

Recommendation: Adopt An Agency Resolution Authorizing A Grant And Allocating $88,000

To The Unity Council From Central City East ($29,334) And Coliseum ($58,666)

Redevelopment Funds For The Continuation Of Services To The Fruitvale Business

Improvement Management District For August 1, 2006 Through December 31, 2006

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: Skyline Subdivision Improvement Agreement - Amendment

From: Community and Economic Development Agency

Recommendation: Adopt A Resolution Amending The Subdivision Agreement For The Skyline

Circle (AKA Bayview) Subdivision For Tract Map 6429 To Eliminate The Prohibition To

Install A Gate At The Entrance To The Private Road And Authorizing The Skyline Circle

Homeowners To Apply For Construction Of The Gate Meeting Life Safety Requirements

ORA\Councilmember Abstained: 1 - Committee Member Brunner

ORA\Councilmember Ayes: 7 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang and Committee Member

Brooks

Subject: Law Enforcement Specialized Units Grant Program

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing the City Administrator, On Behalf Of The

City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed

Ninety-Five Thousand Seven Hundred And One Dollars ($95,701) From The State Of

California, Office Of Emergency Services, Law Enforcement Specialized Units Grant Program,

For The Program Term Of July 1, 2006 To June 30, 2007, For The Police Department's Family

Violence Intervention Unit, And Authorizing The Department To Hire One Full-Time Civilian

Employee In Support Of The Police Department's Family Violence Intervention Unit

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: Measure Y Programs

From: Department of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate $170,000 From Evelyn & Walter Haas Jr. Fund For Coordination, Technical

Assistance, Training And Capacity Building For Measure Y Providers And Community

Policing Officers

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 Youth's Alcohol Use

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution Encouraging And Supporting Activities Which Work

To Reduce Community Risk Factors and Increase Community Protective Factors Associated

With Underage Drinking 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: National Insurance Crime Bureau - Agreement

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into An

Agreement With The National Insurance Crime Bureau For The Purpose Of Accepting A 2002

F150 Ford Pick-Up Truck For Use By The Police Department, At A Lease Price Of One Dollar

($1.00)

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: Lobbyist Report

From: City Council

Recommendation: Receive An Informational Year End Report From Townsend Public Affairs,

The City's State Lobbyist, Regarding Oakland's 2006 State Legislative 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

Subject: Legislative Priorities

From: City Council

Recommendation: Action On A Report And Recommendations From Townsend Public Affairs,

State Lobbyist For The City Of Oakland, To Adopt The City's State Legislative Priorities For

2007

This Matter was Withdrawn and Rescheduled to the Concurrent Meeting

of the Oakland Redevelopment Agency / City Council, to be heard at the

December 19, 2006 meeting 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

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

including all the preceding items marked as having been adopted on the

Consent Agenda. 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

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

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

Agency/Councilmember Quan made a motion seconded by

Agency/Councilmember Reid confirming that there were no discussions

pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections,

the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang,

Nadel, Reid, Quan, Kernighan and President of the Council De La Fuente -8

Subject: Oil Independent Oakland Procedures

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution Establishing The Procedures Of The"Oil Independent

Oakland By 2020" Task Force And Providing The Terms And Responsibilities Of The Task

Force Members (TITLE CHANGE)

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: 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

ORA\Councilmember Absent: 1 - Committee Member Brooks

ORA\Councilmember Ayes: 7 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang and Committee Member

Brunner

Subject: Suncal Project At Oak Knoll

From: Community and Economic Development Agency

Recommendation: Action On A Report On The Provision Of Affordable Housing As Part Of

The Proposed Development By Suncal Oak Knoll In The Oak Knoll Redevelopment Area, And

Direction On The Reallocation Of Surplus Central City East Affordable Housing Units To

Meet All Or A Portion Of The Affordable Housing Area Production Requirements For Oak

Knoll

A motion was made by Chairperson Brunner, seconded by Councilmember

Brooks, that this matter be Adopted with up to 50% of the affordable

housing requirement with the use of 50% of the tax credits. 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: Special Retail Commercial Zone

From: Councilmember Jane Brunner

Recommendation: Approve The Introduction (First Reading) Of An Urgency Ordinance

Pursuant To Government Code Section 65858 Amending Chapter 17.48 (C-312 Special Retail

Commercial Zone) Establishing A Condition Use Permit Requirement For General Retail And

General Food Sales For Buildings 15,000 Square Feet And Over

Subject: Construction Of Sanitary Relief Sewers

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Andes

Construction, Inc. For The Construction Of Sanitary Relief Sewers Along Clay Street, 8th

Street, Jefferson Street, 6th Street And Martin Luther King Jr. Way (Project No. C79310) For

The Amount Of One Million Nine Hundred Eighty-One Thousand Three Hundred Thirty-Seven

Dollars ($1,981,337.00)

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: Children's Fairyland Project

From: Councilmember Nancy Nadel

Recommendation: Adopt A Resolution Appropriating Measure DD Bond Interest Money To

The Children's Fairyland Project (C241810) In The Amount Of One Hundred Eighty-One

Thousand Dollars ($181,000.00)

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: Rent Adjustment Program Amendment

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Approve The Introduction (First Reading) Of An Ordinance Amending O.M.C. Chapter

8.22, Rent Adjustment Program, To Provide A Set Date For Implementing The Consumer Price

Index (CPI) Based Rent Adjustment And New Procedures For Rental Property Owners To

Obtain A Certificate Of Exemption; And,

2) A Resolution Approving Amendments To The Rent Adjustment Regulations To Clarify

How Rental Property Owners May Take Banked Rent Increases And To Implement The

Certificate Of Exemption Process

Subject: African American Cultural Center

From: Community and Economic Development Agency

Recommendation: Adopt A Resolution Amending Resolution No. 74402 C.M.S. And

Resolution No. 77943 C.M.S. To Change The Location Of The African American Cultural

Center From 5714 Martin Luther King Jr. Way To 815 51st Street, And To Change The Term

Of The Lease Agreement With Children's Hospital Of Oakland From A Ten Year Lease To A

Not To Exceed Eighteen Month Lease, With An Option To Purchase The Property For One

Dollar; And Authorizing the City Administrator To Exercise The Option To Purchase

Subject: 2005-2006 Final Evaluation Report-Oakland Fund For Children And Youth

From: Department Of Human Services

Recommendation: Adopt A Resolution Adopting The Oakland Fund For Children And Youth

Final Evaluation Report For Fiscal Year 2005 - 2006

Subject: Commission On Aging Report

From: Department of Human Services

Recommendation: Receive An Informational Report From The Mayor's Commission On Aging

Including The 2006 Senior Services Set-Aside Grants And Options For Supplemental

Set-Aside Funds

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: Lobbyist Registration Act Amendment

From: Public Ethics Commission

Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending

Chapter 3.20 Of The Oakland Municipal Code (AKA "The Lobbyist Registration Act") To

Provide 1) A Restriction On Elected Officials From Acting As Professional Lobbyists For One

Year After Leaving Office; 2) A Limitation On The Amount Of Gifts Lobbyists Can Give To

City Officials, Staff And Their Immediate Families; 3) Quarterly Disclosure Of A Lobbyist's

Campaign Fundraising Activities; 4) Quarterly Disclosure Of Any Employment Relationship

Among Lobbyists, City Officials And Staff; 5) Disclosure Of The Names And Titles Of The

Persons Whom A Lobbyist Attempts To Influence; And 6) Misdemeanor Prosecution For

Knowing And Willful Violations Of The Act And A One-Year Practice Ban Upon Conviction

Subject: Public Art Advisory Committee - Appointment

From: Cultural Arts and Marketing

Recommendation: Adopt A Resolution Appointing Jennifer Easton As A Member of The

Cultural Affairs Commission's Public Art Advisory Committee

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: Children's Fairyland Board of Trustees - Appointment

From: The Mayor

Recommendation: Adopt A Resolution Re-Appointing Matthew Webb And Appointing Holly

McClure As Members Of The Children's Fairyland Board

ORA\Councilmember Noes: 1 - Committee Member Brooks

ORA\Councilmember Ayes: 7 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang and Committee Member

Brunner

Subject: Compressed Natural Gas Refueling Station

From: Public Works Agency

Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into An

Agreement With The Port Of Oakland And Clean Energy For The Funding, Design, And

Construction Of A Downtown Compressed Natural Gas Refueling Station For A Period Of Ten

Years With An Option To Extend An Additional Five Years; To Appropriate An Amount Not

To Exceed $375,000 In Grant Funding For The Construction Of A Compressed Natural Gas

Refueling Station At 205-209 Brush Street; And To Accept Royalties On Behalf Of The City

From Clean Energy's Sale Of Compressed Natural Gas

ORA\Councilmember Absent: 1 - Committee Member Brooks

ORA\Councilmember Ayes: 7 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang and Committee Member

Brunner

Recommendation: Receive A City Auditor's Report Regarding A Resolution Authorizing The

City Administrator To Enter Into An Agreement With The Port Of Oakland And Clean Energy

For The Funding, Design, And Construction Of A Downtown Compressed Natural Gas

Refueling Station For A Period Of Ten Years With An Option To Extend An Additional Five

Years; To Appropriate An Amount Not To Exceed $375,000 In Grant Funding For The

Construction Of A Compressed Natural Gas Refueling Station At 205-209 Brush Street; And

To Accept Royalties On Behalf Of The City From Clean Energy's Sale Of Compressed Natural

Gas

ORA\Councilmember Absent: 1 - Committee Member Brooks

ORA\Councilmember Ayes: 7 - Committee Member Reid, Committee Member

Quan, Committee Member Nadel, Committee Member Kernighan, Committee

Member De La Fuente, Committee Member Chang and Committee Member

Brunner

Subject: Parking Meter Zones

From: Public Works Agency

Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending

Oakland Municipal Code Title 10, Chapter 10.36, Section 10.36.140 To Clarify And

Comprehensively Set Forth Parking Meter Zones Throughout The City Of Oakland

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

that this matter be Approve as Amended on Introduction for Final Passage

to the Concurrent Meeting of the Oakland Redevelopment Agency / City

Council, due back on December 19, 2006. 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: Fruitvale Masonic Temple Renovation

From: Community and Economic Development Agency

Recommendation: Adopt A Resolution Authorizing The City To Apply For, Accept, And

Appropriate Grant Funds In An Amount Not To Exceed $148,500 From The U.S. Department

Of Housing And Urban Development's Economic Development Initiative - Special Projects

Grant Program To Be Used In The Renovation Of The Fruitvale Masonic Temple Located At

Plaza De La Fuente And East 12th Street By The Unity Council

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: Conversions To Homeowner Condominiums

From: Council President De La Fuente, Councilmembers Brooks and Chang

Recommendation: Approve The Introduction (First Reading) Of An Ordinance To Implement

The "Affordable Homes For Oaklanders Plan" By:

1. Amending O.M.C. Chapter 16.36 (Condominium Conversion) To Do The Following:

Permit Owners Of Residential Property To Pay Fees For A Housing Trust Fund In-Lieu Of

Providing Conversion Rights For The Conversion To Homeowner Condominiums; Require

Purchase Price Discounts And Closing Cost Assistance For Tenants Purchasing Their Units;

Increase Relocation Assistance To Tenants Who Do Not Purchase Their Units; Establish A

Limit Of 800 Converted Units Per Year; And Require An Annual Report; And

2. Amending The Master Fee Schedule To Adjust Application Fees For Conversions To

Homeowner Condominiums (TITLE CHANGE)

At the request of Councilmember Brooks this item was pulled from the Council

Agenda.

Agency/Councilmember Brooks made a motion, seconded by

Agency/Councilmember Chang, to forward this item to the Blue Ribbon

Commission for development of recommendations.and hearing no objections,

the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang,

Kernighan, Nadel, Reid, Quan, and President of the Council De La Fuente - 8

Please refer to the attached motion (Attachment C)

View Report.pdf,

View Supplemental Report.pdf,

View Supplemental Report.pdf

Subject: Ellis Act Ordinance

From: Council President De La Fuente And Councilmembers Brooks And Chang

Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending

O.M.C. Chapter 8.22.400 (Ellis Act Ordinance) To Increase Relocation Payments To Displaced

Tenants And Amend Notice Requirements