Meeting Minutes
City of Oakland
Oakland, California 94612 |
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Thursday, September 16, 2004
10:30 AM
City Council Chambers - 3rd Floor
The Oakland City Council Rules and Legislation Committee convened at |
10:50 a.m. with Council President De La Fuente presiding as Chairperson. |
Roll Call / Call to Order
Present: Member Chang, Member Reid, Member Wan and Chair De La Fuente
COMMITTEE MEMBERSHIP:
1
Closed Session
A motion was made by Member Reid, seconded by Member Chang, to |
*Approve as Submitted. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente
2
Approval of the Draft Minutes from the Committee meetings of July 8 and July 15, 2004
A motion was made by Member Chang, seconded by Member Reid, to |
*Approve as Submitted. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente
3
Determination of Schedule of Outstanding Committee Items
A motion was made by Member Chang, seconded by Member Reid, to |
Approve as Amended. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente
FROM SEPTEMBER 30, 2004:
1
Subject: Amendment to the Sunshine Ordinance |
From: Office of the City Clerk/ Public Ethics Commission |
Recommendation: Action on a Report and Recommendation to amend Chapter 2.20 of the |
Oakland Municipal Code (known as the City of Oakland Sunshine Ordinance) to 1) excuse the |
creation, production and on-line and off-line posting requirements for public meetings due to |
computer and systems disruption, virus activities, failure and/or emergency maintenance or |
repair; and 2) require that City Executive Officers provide agenda-related materials to the City |
Clerk (04-0651) |
*Rescheduled to *Rules & Legislation Committee on 10/7/2004
4
Scheduling of Agenda Items and revisions to the agenda for the ORA/ City Council meeting |
of September 21, 2004 (SUPPLEMENTAL) |
A motion was made by Member Reid, seconded by Member Wan, to |
Approve as Amended. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente
S-4-1
Subject: "Bulletproof Vest Partnership" Grant Funding |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept |
five thousand ten dollars and forty-one cents ($5,010.41) in "Bulletproof Vest |
Partnership" grant funding from the United States Department of Justice, Bureau of |
Justice Assistance, and appropriate said funds to the Police Department (04-0707) |
Scheduled to *Public Safety Committee on 9/28/2004
S-4-2
Subject: City Attorney's 2003-2004 Annual Report |
From: Office of the City Attorney |
Recommendation: Action on an Annual Report from the City Attorney's Fiscal |
Year 2003-2004 (04-0657) |
Scheduled to *Finance & Management Committee on 9/28/2004
S-4-3
Subject: Amendment to the Oakland Municipal Code |
From: President of the Council De La Fuente |
Recommendation: An Ordinance adding Chapter 10.28__ to Title 10, vehicles and |
traffic, of the Oakland Municipal Code, regulating the parking of noncommercial |
buses, campers, camp trailers, semitrailers, trailers, trailer coaches, trailer buses, |
fifth-wheel travel trailers, factory-built housing, house cars, mobilehomes, |
motorhomes, recreational vehicles or RV's, or vehicles built or modified for |
domicile of persons or animals on city streets, portions thereof or city throughfares |
throughout the city (04-0684) |
Scheduled to *Public Safety Committee on 10/12/2004
S-4-4
Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry E. |
Reid |
From: Councilmembers Nadel and Reid |
Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel |
and Larry E. Reid's travel to Indianapolis, IN from Nov. 30 - Dec. 4 for the |
National League of Cities Conference (04-0717) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 10/5/2004 |
S-4-5
Subject: United Nations Month - October 2004 |
From: Councilmember Nadel |
Recommendation: Adopt a Resolution declaring October 2004 United Nations |
Month in the City of Oakland (04-0725) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 10/5/2004 |
S-4-6
Subject: Marriage Equality Express Day |
Recommendation: Adopt a Resolution congratulating the Marriage Equality |
Express on its Cross-country Educational Expedition and declaring October 4, |
2004 Marriage Equality Express Day (04-0729) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 9/21/2004 |
The Committee moved, seconded and carried a motion to approve the following |
urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) |
regarding scheduling of this Item: that there is a need to take immediate action |
which came to the attention of the local body after the agenda was posted, and |
that the need to take immediate action relates to a purely ceremonial or |
commendatory action. |
S-4-7
Subject: 880 North Safety Improvement Project |
From: Council President De La Fuente |
Recommendation: Adopt a Resolution designating the Alameda County |
Congestion Management Agency (ACCMA) as the lead project sponsor and |
implementing agency for the Interstate - 880 North Safety Improvement Project, |
with Oakland's Community and Economic Development Agency as an active |
partner that ACCMA will consult and include in all material discussions (04-0731) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 9/21/2004 |
This item was previously noticed on an agenda pursuant to the 10 day noticing |
requirements. |
S-4-8
Subject: Subsidized Funds Serving Low Income Tenants |
From: Community and Economic Development Agency |
Recommendation: Action on a Report from the Community and Economic |
Development Agency regarding the number of buildings developed with |
subsidized funds serving low income tenants scheduled to convert to market rate, |
the dates scheduled for conversion and steps to mitigate the impacts of conversion |
to low income tenants (04-0732) |
Scheduled to *Community & Economic Development Committee on |
10/26/2004 |
S-4-9
Subject: Health and Human Services Commission's Charter |
From: Department of Human Services |
Recommendation: A request to remove from the September 28, 2004 Life |
Enrichment Committee agenda a Report from the Health and Human Services |
Commission regarding its Charter and future directions; to Pending No Specific |
Date (04-0649) |
Scheduled to *Life Enrichment Committee
S-4-10
Subject: Senior Companion Program |
From: Department of Human Services |
Recommendation: Adopt a Resolution authorizing the City Administrator to accept |
and appropriate grant funds from the City of Berkeley in the amount estimated at |
$14,825 and the Alameda County Area Agency on Aging in the amount estimated |
at $40,289 for the Senior Companion Program for the Fiscal Year 2004-2005 |
(04-0720) |
Scheduled to *Life Enrichment Committee on 9/28/2004
S-4-11
Subject: Easement - 5982 Ascot Drive |
From: Community and Economic Development Agency |
Recommendation: Adopt an Ordinance abandoning a 5-foot wide reserve public |
utility easement located on the northeastern line of 5982 Ascot Drive (04-0712) |
Scheduled to *Public Works Committee on 9/28/2004
S-4-12
Subject: Easement - 6012 Ascot Drive |
From: Community and Economic Development Agency |
Recommendation: Adopt an Ordinance abandoning a 5-foot wide reserve public |
utility easement located on the southwestern line of 6012 Ascot Drive (04-0713) |
Scheduled to *Public Works Committee on 9/28/2004
S-4-13
Subject: Commercial Facade Improvement |
From: Community and Economic Development Agency |
Recommendation: Adopt an Agency Resolution reallocating $400,358 from the |
Downtown Business Briefing Center to the Downtown Tenant Improvement |
Program and Facade Improvement Program and authorizing the Agency |
Administrator to negotiate and execute all design contracts for the Commercial |
Facade Improvement and Tenant Improvement Programs without returning to the |
Agency (04-0715) |
Scheduled to *Community & Economic Development Committee on |
9/28/2004 |
S-4-14
Subject: Job Training Performance Standards |
From: Community and Economic Development Agency |
Recommendation: Action on a Report on the Job Training Performance Standards |
of City-funded Workforce Development Programs (04-0716) |
Scheduled to *Community & Economic Development Committee on |
9/28/2004 |
S-4-15
Subject: Workforce Investment Areas |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution supporting the City of Oakland's continued |
designation as a Workforce Investment Area and opposing California Performance |
Review Section GG23, a recommendation to realign and consolidate Workforce |
Investment Areas and Boards (04-0728) |
Scheduled to *Rules & Legislation Committee on 9/30/2004
S-4-16
Subject: New Market Tax Credit |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) A Resolution authorizing the City of Oakland to apply for an allocation of New |
Market Tax Credits as strong affiliatee of Oakland Renaissance NMTC, Inc. |
(04-0730) |
Scheduled to *Community & Economic Development Committee on |
9/28/2004 |
S-4-17
Subject: Free Holiday Parking and Anticipated Parking Revenues |
From: Community and Economic Development Agency |
Recommendation: Adopt the following pieces of legislation: |
1) A Resolution authorizing free parking at certain City-owned parking garages |
during the 2004 Holiday season; and (04-0733) |
Scheduled to *Community & Economic Development Committee on |
9/28/2004 |
S-4-18
Subject: Pedestrian Countdown Signals |
From: Public Works Agency |
Recommendation: Adopt a Resolution authoring the City Administrator to enter |
into a grant agreement with the State of California, Office of Traffic Safety (OTS), |
in the amount of one hundred thirty-one thousand five hundred dollars ($131,500), |
and to accept and appropriate project funds to install pedestrian countdown signals |
at twenty-three (23) intersections (04-0704) |
Scheduled to *Public Works Committee on 10/12/2004
S-4-19
Subject: Oakland Municipal Employees Retirement System |
From: Finance and Management Agency |
Recommendation: Adopt an Ordinance amending Section 14.8 of Ordinance No |
713 C.M.S to provide a $75.00 monthly increase to Oakland Municipal Employees |
Retirement System (OMERS) retirees and $37.50 monthly increase to OMERS |
beneficiaries; on the September 28, 2004 Finance and Management Committee |
agenda (04-0727) |
Scheduled to *Finance & Management Committee on 9/28/2004
S-4-20
Subject: Risk Management Measures |
From: Oakland Police Department |
Recommendation: Action on a Status Report from the Chief of Police on Risk |
Management Measures taken by the Police Department to reduce civil claims and |
other payouts and promote employee safety (04-0668) |
Scheduled to *Finance & Management Committee on 9/28/2004
S-4-21
Subject: Oakland Public Library's - Master Facilities Plan |
Recommendation: Action on a Status Report regarding the Oakland Public |
Library's draft Master Facilities Plan and request for feedback on the needs |
assessment and recommendations for Oakland's libraries (04-0703) |
Scheduled to *Life Enrichment Committee on 9/28/2004
S-4-22
Subject: Children's Bicycle Safety Program |
From: Oakland Parks and Recreation |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply |
for, accept and appropriate grant funds from the State of California Office of |
Traffic Safety in an amount not to exceed one hundred twenty thousand dollars |
($120,000) for the expansion of the Children's Bicycle Safety Program (04-0722) |
Scheduled to *Public Safety Committee on 9/28/2004
S-4-23
Subject: State of California Department of Boating and Water |
From: Oakland Parks and Recreation |
Recommendation: Adopt a Resolution authorizing the City Administrator to apply |
for, accept and appropriate grant funds from the State of California Department of |
Boating and Waterways in the amount of sixteen thousand six hundred and fifteen |
dollars ($16,615) for boating equipment for the Lake Merritt Boating Center and |
promotion of Boating Safety Education (04-0724) |
Scheduled to *Public Safety Committee on 9/28/2004
S-4-24
Subject: On Broadway Permit Revocation - Public Hearing |
From: Office of the City Administrator |
Recommendation: A request to withdraw from the September 21, 2004 City |
Council agenda a Public Hearing to approve the recommendation to revoke the |
"On Broadway" cabaret permit and deny the appeal of Charles Clewis to the |
November 16, 2004 City Council agenda (04-0686-1) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 11/16/2004 |
S-4-25
Subject: BART - Earthquake Safety Program |
From: Citizens for BART Earthquake Safety |
Recommendation: Adopt a Resolution endorsing the November 2, 2004 Ballot |
Measure regarding the BART Earthquake Safety Program and Measure AA |
(04-0726) |
Scheduled to *Rules & Legislation Committee
as a scheduling request
S-4-26
Subject: Request for Angle Parking |
From: Old Oakland Historic District Business Association |
Recommendation: a presentation of petition and request for angle parking on 8th |
Street between Broadway and Martin Luther King, Jr. Way (04-0734) |
Scheduled to *Public Works Committee
On the Public Works Committee Pending List
ADDITIONAL REQUESTS SUBMITTED ON THE DAIS
1.
Subject: Driving Under the Influence |
From: Oakland Police Department |
Recommendation: Action on a Report from the Chief of the Oakland Police Department |
regarding policy on Driving Under the Influence (DUI) traffic checkpoint stops, when there was |
a change in direction and who directed the change (04-0778) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 10/5/2004 |
S-2.
Subject: Racial Profiling |
From: Oakland Police Department |
Recommendation: Action on a Report regarding Racial Profiling in the City of Oakland. |
(04-0779) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 10/5/2004 |
5
A review of the Council Committees' actions from September 14, 2004 and determination |
of scheduling to the ORA/City Council meeting of September 21, 2004 or future dates |
6
A review of the Agendas for the Council Committee meetings of September 28, 2004
CHANGES TO THE FINANCE AND MANAGEMENT COMMITTEE AGENDA OF |
SEPTEMBER 28, 2004: |
1
Subject: Revisions to the Civil Services Rules |
From: Office of the City Attorney |
Recommendation: Action on a Report regarding proposed revisions to the Personnel Manual of |
the Civil Service Board (04-0165) |
*Rescheduled to *Finance & Management Committee on 10/12/2004
CHANGES TO THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE |
AGENDA OF SEPTEMBER 28, 2004: |
1
Subject: Conditional Use Permit Ordinance |
Recommendation: Adopt an Interim Ordinance requiring a Major Conditional Use Permit for |
development resulting in more than two units per lot in the area generally bounded by |
MacArthur Boulevard on the north, 23rd Avenue on the east, Marin Way and E. 15th Street on |
the south, and 5th Avenue and Park Blvd. on the west. (04-0618) |
Scheduled to *Community & Economic Development Committee
To pending list.
2
Subject: Planned Development Zoning District - Public Hearing |
From: Community and Economic Development Agency |
Recommendation: A request to remove from the September 28, 2004 Community and |
Economic Development Committee agenda a Public Hearing regarding Introduction (First |
Reading) of an Ordinance adopting Oakland Planning Code Chapter 17.139 (Planned |
Development Zoning District Procedure) and making related changes to Oakland's Master Fee |
Schedule and Chapter 17.139 (Enforcement); to the October 12, 2004 Community and |
Economic Development Committee agenda (04-0545-1) |
*Rescheduled to *Community & Economic Development Committee on |
10/12/2004 |
3
Subject: West Oakland Community Fund |
From: Community and Economic Development Agency |
Recommendation: Discussion and action on a report regarding a proposal to establish a West |
Oakland Community Fund (Community Trust) (04-0384) |
Scheduled to *Community & Economic Development Committee
To pending list.
7
Subject: Support and Services for Office Moves |
From: Legislative Analyst |
Recommendation: Action on a Report pursuant to Bell Moving Company's contract to provide |
moving services for City Departments and Agencies (04-0676) |
A motion was made by Member Wan, seconded by Member Reid, that this |
matter be *Rescheduled to the *Finance & Management Committee, to be |
heard at the October 12, 2004 meeting. The motion carried by the |
following vote: |
Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente
8
From: Councilmember Nadel |
Recommendation: Adopt a Resolution in Support of California's Law to reduce Global |
Warming pollution from passenger cars and light trucks (04-0655) |
A motion was made by Member Reid, seconded by Member Wan, that this |
matter be *Rescheduled to the Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council, to be heard at the September 21, |
2004 meeting as a Consent Calendar Item. The motion carried by the |
following vote: |
Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
Adjournment
There being no further business, upon the motion duly made, the Oakland City |
Council Rules and Legislation Committee adjourned at 11:42 a.m. |
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